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"2022-05-06", "2022-06-17", "2022-08-19", "2022-11-04", "2022-12-23", "2023-01-06", "2023-05-05", "2023-05-12", "2023-06-16", "2023-09-08", "2023-09-15", "2024-03-08", "2024-05-03", "2024-05-31", "2025-07-04", "2025-10-24", "2025-12-12" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 1, "repealedDate" : null, "fromSection" : "1", "toSection" : "9003", "text" : " CHAPTER 820\\nAN ACT to amend the Education Law, generally.\\n Became a law April 14, 1947, with the approval of the Governor.\\nPassed, three-fifths being present.\\n The People of the State of New York, represented in Senate and\\nAssembly, do enact as follows:\\n CHAPTER 16 OF THE CONSOLIDATED LAWS\\n EDUCATION LAW\\n TITLE I\\n General Provisions\\nArticle\\n 1 Short title and definitions (§§ 1--2-d.)\\n 2 Dignity for all students (§§ 10-18.)\\n 3 Education department (§§ 101-187.)\\n Part I - General provisions (§§ 101-140.)\\n Part IV - Scientific and historic places (§ 174.)\\n Part V - Education department optional retirement program\\n (§§ 180-187.)\\n 5 University of the state of New York (§§ 201-292.)\\n Part I - General organization (§§ 201--239-a.)\\n Part 1-A - Cody center for autism and developmental\\n disabilities (§§ 240-243)\\n Part II - Libraries (§§ 245-285.)\\n Part III - Federal funds for vocational education\\n (§§ 290-292.)\\n 6 Enacted without article heading. (§§ 293-297.)\\n 7 Commissioner of education (§§ 301-318.)\\n 7-A Standardized testing (§§ 340-348.)\\n 8 State University and state financial assistance for higher\\n education (§§ 350-365.)\\n 8-A State university construction fund (§§ 370-384.)\\n 8-B State university optional retirement program (§§ 390-397.)\\n 8-C Special annuity (§§ 398--399-A.)\\n 9 School buildings and sites (§§ 401-420.)\\n 10 New York city educational construction fund (§§ 450-471.)\\n 10-B City of Yonkers educational construction fund (§§ 475-495.)\\n 10-C Winter sports education trust fund (§ 495-a.)\\n 10-D Regional college cooperative services board (§§ 496-500.)\\n 11 State teachers' retirement system for public school teachers\\n (§§ 501-539.)\\n 12 Health and safety grants for nonpublic school children\\n (§§ 549-553.)\\n 12-A Arthur O. Eve Elementary and secondary education opportunity\\n program (§§ 559-563.)\\n 13 Higher education student financial aid programs\\n (§§ 601--608-a.)\\n 13-A Liberty scholarships (§§ 610-612.)\\n 13-B Student lending accountability, transparency and enforcement\\n act (§§ 620-632.)\\n 14 New York state higher education services corporation\\n (§§ 651-689.)\\n Part I - Corporate structure (§§ 651-660.)\\n Part II - Student financial aid (§§ 661--679-f.)\\n Subpart I - General provisions (§§ 661--665-a.)\\n Subpart II - General awards (§§ 666--669-e.)\\n Subpart III - Academic performance awards (§§ 670-679.)\\n Subpart IV - Other awards (§§ 679-a--679-f.)\\n Part III - Student loans (§§ 680--683-b.)\\n Part IV - Miscellaneous provisions (§§ 686--689-a.)\\n Part V - The New York higher education loan program\\n (§§ 690-694-b.)\\n 14-A New York state college choice tuition savings program\\n (§§ 695--695-g.)\\n 15 Text-books (§§ 701-705.)\\n 15-A School library materials (§§ 711-712.)\\n 15-B Higher education textbooks (§ 715.)\\n 15-C Textbook access act (§§ 720-724.)\\n 16 Computer technology (§§ 751-755.)\\n 17 Instruction in certain subjects (§§ 801-816.)\\n 19 Medical and health service (§§ 901-920.)\\n 21 Vocational rehabilitation (§§ 1001-1009.)\\n 23 Career education in counties (§§ 1101-1116.)\\n Part I - Vocational education and extension boards\\n (§§ 1101-1107.)\\n Part II - County commission for special education in\\n Westchester County (§§ 1110-1116.)\\n 23-A Service centers for independent living (§§ 1120-1124.)\\n 23-B Child abuse in an educational setting (§§ 1125-1133.)\\n 24 New York state rural education program act\\n (§§ 1201-1207.)\\n TITLE II\\n SCHOOL DISTRICT ORGANIZATION\\n 31 School districts (§§ 1501--1527-c.)\\n 32 Filing of expenditure statements by candidates for membership\\n on board of education (§§ 1528-1531.)\\n 33 Common school districts (§§ 1601-1619.)\\n 35 Union free school districts (§§ 1701-1726.)\\n 37 Central school districts (§§ 1801-1809.)\\n 39 Central high school districts (§§ 1901--1917-a.)\\n 40 Boards of cooperative educational services (§§ 1950-1952.)\\n 40-a Shared personnel (§§ 1980-1981.)\\n 41 District meetings (§§ 2001-2045.)\\n Part I - General provisions (§§ 2001-2038.)\\n Part II - Contract system (§§ 2040-2045.)\\n Part III - Professional services providers (§§ 2050-2054.)\\n 43 School district officers-town and county officials\\n (§§ 2101-2143.)\\n Part I - General provisions (§§ 2101-2119.)\\n Part II - District clerk; treasurer; collector\\n (§§ 2121-2130.)\\n Part III - Town and county officials (§§ 2140-2143.)\\n 45 Supervisory districts (§§ 2201-2218.)\\n 51 City school districts of cities with less than one hundred\\n twenty-five thousand inhabitants (§§ 2501-2530.)\\n 52 City school districts of cities with one hundred twenty-five\\n thousand inhabitants or more (§§ 2550-2588.)\\n 52-A New York city community school district system\\n (§§ 2590--2590-s.)\\n 53 School elections in city school districts of cities with less\\n than one hundred twenty-five thousand inhabitants\\n (§§ 2601-2613.)\\n 55 Regulation by boards of education of conduct on school\\n district property (§§ 2801-2814.)\\n 56 Charter schools (§§ 2850 - 2857.)\\n TITLE IV\\n TEACHERS AND PUPILS\\n 61 Teachers and supervisory and administrative staff\\n (§§ 3001-3036.)\\n 63 Salaries of teachers and supervisors (§§ 3101--3109-A.)\\n 65 Compulsory education and school census (§§ 3201-3243.)\\n Part I - Compulsory education (§§ 3201-3234.)\\n Part II - School census (§§ 3240-3243.)\\n 66 Interstate compact on educational opportunity for military\\n children (§§ 3300-3318.)\\n TITLE V\\n TAXATION AND FINANCIAL ADMINISTRATION\\n 73 Apportionment of public moneys (§§ 3601--3650-c.)\\n Part I - General provisions (§§ 3601-3613.)\\n Part II - Aidable transportation expense (§§ 3620-3628.)\\n Part III - Transportation services (§§ 3635-3637.)\\n Part IV - Special apportionments and grants-in-aid\\n (§§ 3640-3642.)\\n Part V - Comprehensive school bus driver safety training\\n program (§§ 3650--3650-c.)\\n 74 Reserve funds (§§ 3651-3652.)\\n 75 Trusts for schools; gospel and school lots (§§ 3701-3713.)\\n 77 Fines, penalties, forfeitures and costs (§§ 3801-3816.)\\n TITLE VI\\n SPECIAL SCHOOLS AND INSTRUCTION\\n 81 Education of children residing in child care institutions\\n (§§ 4001-4006.)\\n 83 Indian schools (§§ 4101-4119.)\\n 85 Instruction of the deaf and of the blind (§§ 4201-4213.)\\n 87 New York State School for the Blind (§§ 4301-4318.)\\n 88 New York State School for the Deaf (§§ 4351-4358.)\\n 89 Children with handicapping conditions (§§ 4401--4410-c.)\\n 90 Gifted education (§§ 4451-4453.)\\n 91 School camps (§§ 4501-4502.)\\n 93 Career, practical arts, continuing adult education and\\n vocational and educational guidance (§§ 4601-4607.)\\n 95 Farm schools in counties (§§ 4701-4712.)\\n 97 Home schools in certain cities (§§ 4801-4815.)\\n 99 New York nautical school (§§ 4901-4904.)\\n 101 Private trade and correspondence schools (§§ 5001-5010.)\\n 103 Workplace literacy programs (§§ 5100-5102.)\\n 105 Research Institute on Addictions (§§ 5200-5201.)\\n TITLE VII\\n STATE AND CITY COLLEGES AND INSTITUTIONS-\\n CORNELL UNIVERSITY\\n 115 Cornell University (§§ 5701-5716.)\\n 119 New York State Legislative Institute (§§ 5901-5905.)\\n 121 State University of New York College of Environmental Science\\n and Forestry (§§ 6001-6007.)\\n 123 The New York State College of Ceramics at Alfred University\\n (§§ 6101-6103.)\\n 125 City University of New York (§§ 6201-6234.)\\n 125-A Board of higher education optional retirement program\\n (§§ 6250-6256.)\\n 125-B City university construction fund (§§ 6270-6283.)\\n 126 Community colleges and state-aided four-year colleges\\n (§§ 6301-6310.)\\n 127 Military service (§§ 6350-6354.)\\n 129 State aid for certain independent institutions of higher\\n education (§§ 6401-6405.)\\n 129-A Regulation by colleges of conduct on campuses and other\\n college property used for educational purposes\\n (§§ 6430-6438.)\\n 130 Arthur O. Eve Opportunity for higher education\\n (§§ 6451-6455.)\\n TITLE VIII\\n THE PROFESSIONS\\n 130* General provisions (§§ 6500-6516.)\\n Subarticle 1. Introductory summary (§§ 6500--6505-c.)\\n Subarticle 2. State management (§§ 6506-6508.)\\n Subarticle 3. Professional misconduct (§§ 6509-6511.)\\n Subarticle 4. Unauthorized acts (§§ 6512-6516.)\\n 131 Medicine (§§ 6520-6529.)\\n 131-A Definitions of professional misconduct applicable to\\n physicians, physician's assistants and specialist's\\n assistants (§§ 6530-6532.)\\n 131-B Physician assistants (§§ 6540-6546.)\\n 131-C Specialist assistants (§§6547--6549-b.)\\n 132 Chiropractic (§§ 6550-6556.)\\n 133 Dentistry and dental hygiene (§§ 6600-6613.)\\n 134 Licensed perfusionists (§§ 6630-6636.)\\n 135 Veterinary medicine and animal health technology\\n (§§ 6700-6714.)\\n 136 Physical therapy and physical therapist assistants\\n (§§ 6730-6743.)\\n 137 Pharmacy (§§ 6800-6831.)\\n 139 Nursing (§§ 6900-6911.)\\n 140 Professional Midwifery Practice Act (§§ 6950-6958.)\\n 141 Podiatry (§§ 7000-7010.)\\n 143 Optometry (§§ 7100-7107.)\\n 144 Ophthalmic dispensing (§§ 7120-7128.)\\n 145 Engineering and land surveying (§§ 7200-7212.)\\n 147 Architecture (§§ 7300-7308.)\\n 148 Landscape architecture (§§ 7320-7328.)\\n 149 Public accountancy (§§ 7400-7410.)\\n 151 Shorthand reporting (§§ 7500-7504.)\\n 153 Psychology (§§ 7600-7606.)\\n 154 Social work (§§ 7700-7710.)\\n 155 Massage therapy (§§ 7800-7807.)\\n 156 Occupational therapy (§§ 7900-7908.)\\n 157 Dietetics and nutrition (§§ 8000-8006.)\\n 159 Speech-language pathologists and audiologists\\n (§§ 8200-8209.)\\n 160 Acupuncture (§§ 8210-8216.)\\n 161 Interior design (§§ 8300-8307.)\\n 162 Athletic trainers (§§ 8350-8358.)\\n 163 Mental health practitioners (§§ 8400-8412.)\\n 164 Respiratory therapists and respiratory therapy technicians\\n (§§ 8500-8513.)\\n 165 Clinical laboratory technology practice act\\n (§§ 8600-8610.)\\n 166 Medical physics practice (§§ 8700-8709)\\n 167 Applied behavior analysis (§§ 8800-8808)\\n TITLE IX\\n LAWS REPEALED; SAVING CLAUSE; WHEN TO TAKE EFFECT\\n 170 Laws repealed; saving clause; when to take effect\\n (§§ 9001-9003.)\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T1", "title" : "General Provisions Article 1 Short Title and Definitions (§§", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-08-18", "2019-04-19", "2025-05-16" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 2, "repealedDate" : null, "fromSection" : "1", "toSection" : "1207", "text" : " TITLE I\\n General Provisions\\nArticle\\n 1 Short title and definitions (§§ 1--2-b.)\\n 2 Dignity for all students (§§ 10-18.)\\n 3 Education department (§§ 101-187.)\\n Part I - General provisions (§§ 101-140.)\\n Part IV - Scientific and historic places (§ 174.)\\n Part V - Education department optional retirement program\\n (§§ 180-187.)\\n 5 University of the state of New York (§§ 201-292.)\\n Part I - General organization (§§ 201-239.)\\n Part 1-A - Cody center for autism and developmental\\n disabilities (§§ 240-243)\\n Part II - Libraries (§§ 245-285.)\\n Part III - Federal funds for vocational education\\n (§§ 290-292.)\\n 6 Enacted without article heading. (§§ 293-297.)\\n 7 Commissioner of education (§§ 301-318.)\\n 7-A Standardized testing (§§ 340-348.)\\n 8 State University and state financial assistance for higher\\n education (§§ 350-365.)\\n 8-A State university construction fund (§§ 370-384.)\\n 8-B State university optional retirement program (§§ 390-397.)\\n 8-C Special annuity (§§ 398--399-A.)\\n 9 School buildings and sites (§§ 401-420.)\\n 10 New York city educational construction fund (§§ 450-471.)\\n 10-B City of Yonkers educational construction fund (§§ 475-495.)\\n 10-C Winter sports education trust fund (§ 495-a.)\\n 10-D Regional college cooperative services board (§§ 496-500.)\\n 11 State teachers' retirement system for public school teachers\\n (§§ 501-539.)\\n 12 Health and safety grants for nonpublic school children\\n (§§ 549-553.)\\n 12-A Arthur O. Eve Elementary and secondary education opportunity\\n program (§§ 559-563.)\\n 13 Higher education student financial aid programs\\n (§§ 601--608-a.)\\n 13-A Liberty scholarships (§§ 610-612.)\\n 13-B Student lending accountability, transparency and enforcement\\n act (§§ 620-632.)\\n 14 New York state higher education services corporation\\n (§§ 651-689.)\\n Part I - Corporate structure (§§ 651-660.)\\n Part II - Student financial aid (§§ 661--679-e.)\\n Subpart I - General provisions (§§ 661--665-a.)\\n Subpart II - General awards (§§ 666--669-d.)\\n Subpart III - Academic performance awards (§§ 670-679.)\\n Subpart IV - Other awards (§§ 679-a--679-e.)\\n Part III - Student loans (§§ 680--683-b.)\\n Part IV - Miscellaneous provisions (§§ 686-689.)\\n Part V - The New York higher education loan program\\n (§§ 690-694-b.)\\n 14-A New York state college choice tuition savings program\\n (§§ 695--695-g.)\\n 15 Text-books (§§ 701-705.)\\n 15-A School library materials (§§ 711-712.)\\n 15-B Higher education textbooks (§ 715.)\\n 16 Computer technology (§§ 751-755.)\\n 17 Instruction in certain subjects (§§ 801-816.)\\n 19 Medical and health service (§§ 901-918.)\\n 21 Vocational rehabilitation (§§ 1001-1009.)\\n 23 Career education in counties (§§ 1101-1116.)\\n Part I - Vocational education and extension boards\\n (§§ 1101-1107.)\\n Part II - County commission for special education in\\n Westchester County (§§ 1110-1116.)\\n 23-A Service centers for independent living (§§ 1120-1124.)\\n 23-B Child abuse in an educational setting (§§ 1125-1133.)\\n 24 New York state rural education research program act\\n (§§ 1201-1207.)\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A1", "title" : "Short Title and Definitions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2020-12-28", "2021-01-29" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 3, "repealedDate" : null, "fromSection" : "1", "toSection" : "2-D", "text" : " ARTICLE I\\n SHORT TITLE AND DEFINITIONS\\nSection 1. Short title.\\n 2. Definitions.\\n 2-a. Release of directory information; access to institutions.\\n 2-b. Use of student social security numbers restricted.\\n 2-c. Release of student information to certain entities.\\n 2-d. Unauthorized release of personally identifiable\\n information.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 4, "repealedDate" : null, "fromSection" : "1", "toSection" : "1", "text" : " Section 1. Short title. This chapter shall be known as the \"Education\\nLaw\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-05-03" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 5, "repealedDate" : null, "fromSection" : "2", "toSection" : "2", "text" : " § 2. Definitions. Wherever used in this chapter, the following terms\\nshall have the respective meanings hereinafter set forth or indicated:\\n 1. Academy. The term \"academy\" means an incorporated institution for\\ninstruction in secondary education, and such high schools, academic\\ndepartments in union free school districts and similar unincorporated\\nschools as are admitted by the regents to the university as of academic\\ngrade.\\n 2. College. The term \"college\" includes universities and other\\ninstitutions for higher education authorized to confer degrees.\\n 3. University. The term \"university\" means The University of the State\\nof New York.\\n 4. Regents. The term \"regents\" means board of regents of The\\nUniversity of the State of New York.\\n 5. Commissioner. The term \"commissioner\" means commissioner of\\neducation of the state of New York.\\n 6. Department. The term \"department\" means education department of the\\nstate of New York.\\n 7. Secondary education. The term \"secondary education\" means\\ninstruction of academic grade, between the elementary grades and the\\ncollege or university.\\n 8. Higher education. The term \"higher education\" means education in\\nadvance of secondary education, and includes the work of colleges,\\nuniversities, professional and technical schools, and educational work\\nconnected with libraries, museums, university and educational extension\\ncourses and similar agencies.\\n 9. Trustee. The term \"trustees,\" when not used in reference to a\\nschool district, includes directors, managers or other similar members\\nof the governing board of an educational institution. The terms\\n\"trustee\" and \"trustees\", respectively, when used in reference to a\\nschool district, shall include the plural or singular meaning, as the\\ncase may be, unless otherwise specified.\\n 10. Parental relation. The term \"persons in parental relation\" to a\\nchild includes the parents, guardians or other persons, whether one or\\nmore, lawfully having the care, custody or control of such child,\\nincluding persons who have been designated pursuant to title fifteen-A\\nof article five of the general obligations law as persons in parental\\nrelation to the child.\\n 11. Compulsory school ages. The term \"child of compulsory school age\"\\nmeans any child between six and sixteen years of age lawfully required\\nto attend upon instruction.\\n 12. School authorities. The term \"school authorities\" means the\\ntrustees, or board of education, or corresponding officers, whether one\\nor more, and by whatever name known, of a city school district, or other\\nschool district however created.\\n 13. School officer. The term \"school officer\" means a clerk,\\ncollector, or treasurer of any school district; a trustee; a member of a\\nboard of education or other body in control of the schools by whatever\\nname known in a union free school district, central school district,\\ncentral high school district, or in a city school district; a\\nsuperintendent of schools; a district superintendent; a supervisor of\\nattendance or attendance officer; or other elective or appointive\\nofficer in a school district whose duties generally relate to the\\nadministration of affairs connected with the public school system.\\n 14. Board of education. The term \"board of education\" shall include by\\nwhatever name known the governing body charged with the general control,\\nmanagement and responsibility of the schools of a union free school\\ndistrict, central school district, central high school district, or of a\\ncity school district.\\n 15. School year. The term \"school year\" means the period commencing on\\nthe first day of July in each year and ending on the thirtieth day of\\nJune next following.\\n 16. City school district. a. The following school districts are hereby\\ndesignated and declared to be city school districts: (1) Any school\\ndistrict coterminous with a city on January first, nineteen hundred\\nfifty; (2) any school district part of which was without and part of\\nwhich was within a city on January first, nineteen hundred fifty, and\\nwhich then contained the whole or the greater portion of the children of\\nthe city between birth and eighteen years of age, as shown by the school\\ncensus; and (3) any school district wholly within, but not coterminous\\nwith, a city on January first, nineteen hundred fifty, and which then\\ncontained the greater portion of the children of the city between birth\\nand eighteen years of age, as shown by the school census.\\n b. Whenever a city shall be created after January first, nineteen\\nhundred fifty, that school district shall be and become a city school\\ndistrict which, on the effective date of the incorporation of such city,\\nis: (1) coterminous with the city; (2) partly without and partly within\\nthe city and then contains the whole or the greater portion of the\\nchildren of the city between birth and eighteen years of age, as shown\\nby the school census; or (3) wholly within but not coterminous with the\\ncity and then contains the greater portion of the children of the city\\nbetween birth and eighteen years of age, as shown by the school census.\\n c. The corporate existence of any school district, which, by virtue of\\nthe provisions of this subdivision, shall be and become a city school\\ndistrict, shall continue, and any such school district thereafter shall\\nbe governed by the provisions of this chapter applicable to city school\\ndistricts.\\n * 17. State university. The term \"state university\" means the state\\nuniversity of New York, as created by article eight of this chapter.\\n * NB There are 2 sub 17's\\n * 17. City. The term \"city\" means the city school district of such\\ncity where the context clearly so indicates.\\n * NB There are 2 sub 17's\\n 18. Minor or infant. The term \"minor\" or \"infant\" means a person who\\nhas not attained the age of eighteen years.\\n 19. Expenditures. For purposes of computing aid to public school\\ndistricts, boards of cooperative educational services, nonpublic\\nelementary and secondary schools, public and cooperative library systems\\nor public and free association libraries pursuant to this chapter or any\\nother law, such aid shall be computed using state aid worksheets\\ndeveloped pursuant to regulations of the commissioner, designed to\\nreflect use of the state comptroller's definition of expenditures to the\\nextent possible. Such worksheet definitions of expenditures shall be\\nused notwithstanding the fact that this chapter or other applicable law\\nmay use terms such as cash expenditures, expenses, costs, paid,\\npayments, or such other terms.\\n 24. Career education. The term \"career education\" means organized\\neducational programs offering a sequence of courses which are directly\\nrelated to the preparation of individuals in paid or unpaid employment\\nin current or emerging occupations requiring other than a baccalaureate\\nor advanced degrees, and shall include vocational and occupational\\neducation. Such programs shall include competency-based applied learning\\nwhich contributes to an individual's academic knowledge, higher-order\\nreasoning, and problem solving skills, work activities, general\\nemployability skills, and the skills necessary for economic independence\\nas a productive and contributing member of society. Such term also\\nincludes applied technology education. Except where the intent indicates\\notherwise, the terms \"vocational education\" and \"occupational education\"\\nshall mean \"career education.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2-A", "title" : "Release of directory information; access to institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-A", "activeDate" : "2014-09-22", "sequenceNo" : 6, "repealedDate" : null, "fromSection" : "2-A", "toSection" : "2-A", "text" : " § 2-a. Release of directory information; access to institutions.\\nNotwithstanding any other provision of law to the contrary, if a\\ntrustee, president, principal, or officer of any institution belonging\\nto the University of the State of New York, or a board of education of\\nany public school, in any city, union free, common or central school\\ndistrict or the administrator of any non-public school of secondary\\neducation receiving state funds permits the release of directory\\ninformation relating to pupils or permits access to school buildings,\\nschool grounds or other school property to persons who inform pupils of\\neducational, occupational or career opportunities, such trustee,\\npresident, principal, officer, board or administrator shall provide\\naccess to directory information relating to pupils and access to such\\nschool property on the same basis for official representatives of the\\nstate militia and the armed forces of the United States for the purpose\\nof informing pupils of educational, occupational or career opportunities\\nwithin the state militia or armed forces of the United States. Pursuant\\nto this section, access provided to school property or directory\\ninformation shall not be used for purposes other than informing students\\nof educational, occupational or career opportunities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2-B", "title" : "Use of student social security numbers restricted", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-B", "activeDate" : "2014-09-22", "sequenceNo" : 7, "repealedDate" : null, "fromSection" : "2-B", "toSection" : "2-B", "text" : " § 2-b. Use of student social security numbers restricted. No public or\\nprivate elementary or secondary school or college as defined in section\\ntwo of this article shall display any student's social security number\\nto identify such student for posting or public listing of grades, on\\nclass rosters or other lists provided to teachers, on student\\nidentification cards, in student directories or similar listings, or,\\nunless specifically authorized or required by law, for any public\\nidentification purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2-C", "title" : "Release of student information to certain entities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-C", "activeDate" : "2014-09-22", "sequenceNo" : 8, "repealedDate" : null, "fromSection" : "2-C", "toSection" : "2-C", "text" : " § 2-c. Release of student information to certain entities. 1.\\nDefinitions. As used in this section the following terms shall have the\\nfollowing meanings:\\n a. \"Student information\" shall mean personally identifiable\\ninformation and biometric records as such terms are defined in section\\n99.3 of title 34 of the code of federal regulations implementing the\\nFamily Education Rights and Privacy Act, as such federal law and\\nregulations are from time to time amended, or any other individual\\nstudent records and shall also include de-identifiable information which\\nmeans a collection of data or information that has been altered with the\\ngoal of making the student or students associated with such data or\\ninformation permanently unknowable.\\n b. \"Personally identifiable information\" shall mean personally\\nidentifiable information as defined in section 99.3 of title 34 of the\\ncode of federal regulations implementing the Family Education Rights and\\nPrivacy Act, section 1232-g of title 20 of the United States code, as\\nsuch federal law and regulations are from time to time amended.\\n c. \"Shared learning infrastructure service provider\" or \"SLISP\" shall\\nmean any entity that collects, stores, organizes, or aggregates student\\ninformation and contracts with or enters into an agreement with the\\ndepartment for the purposes of providing student information to a data\\ndashboard operator for use in a data dashboard. Provided that the term\\nSLISP shall not include boards of cooperative educational services or\\nregional information centers operated by boards of cooperative\\neducational services or other public entities.\\n d. \"Data dashboard\" shall mean an electronic data system or hosted\\nsoftware application or applications that is designed to utilize data\\nand information collected, stored, organized or aggregated by a SLISP\\nand that is designed to provide, through a contract between a New York\\nschool district and a data dashboard operator, end users such as\\neducators, students and their families with access to customized student\\ninformation with the goal of supporting instruction and student\\nlearning.\\n e. \"Data dashboard operator\" shall mean any third party contractor\\nowning or operating a data dashboard that contracts or otherwise enters\\ninto an agreement to utilize data and information from a SLISP.\\n f. \"Educational agency\" shall mean any public school district, board\\nof cooperative educational services, special act school district, public\\nschool kindergarten program, universal pre-kindergarten programs\\nauthorized pursuant to section thirty-six hundred two-e of this chapter,\\npublicly funded pre-kindergarten programs, approved preschool special\\neducation programs pursuant to section forty-four hundred ten of this\\nchapter, approved private school for the education of students with\\ndisabilities and a state supported or state operated school subject to\\nthe provisions of article eighty-five, eighty-seven or eighty-eight of\\nthis chapter.\\n g. \"Student\" shall mean any person attending an educational agency\\nidentified in paragraph f of this subdivision.\\n 2. An educational agency may opt out of providing personally\\nidentifiable information to a SLISP or data dashboard operator for the\\npurpose of creating data dashboards. An educational agency may at any\\ntime request that any personally identifiable information associated\\nwith such agency not be shared or provided to a SLISP or data dashboard\\noperator. Such request shall be made to the department and upon receipt\\nof such request, the department shall take all actions necessary to\\nprevent and prohibit the sharing or providing of such information to any\\nSLISP or data dashboard operator and that upon receipt of such request,\\nthe department shall take actions to immediately ensure that any\\npersonally identifiable information provided to any SLISP or data\\ndashboard operator is deleted from such SLISP or operator and destroyed\\nin a secure manner.\\n 3. The commissioner and the department are hereby prohibited from\\nproviding any student information to a SLISP and the commissioner and\\ndepartment shall take actions to immediately ensure that any student\\ninformation provided to any SLISP shall be deleted from such SLISP and\\ndestroyed in a secure manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2-D", "title" : "Unauthorized release of personally identifiable information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2024-07-05" ], "docLevelId" : "2-D", "activeDate" : "2014-09-22", "sequenceNo" : 9, "repealedDate" : null, "fromSection" : "2-D", "toSection" : "2-D", "text" : " § 2-d. Unauthorized release of personally identifiable information. 1.\\nDefinitions. As used in this section the following terms shall have the\\nfollowing meanings:\\n a. \"Building principal\" means a building principal subject to annual\\nperformance evaluation review under the provisions of section three\\nthousand twelve-c of this chapter.\\n b. \"Classroom teacher\" means a teacher subject to annual performance\\nevaluation review under the provisions of section three thousand\\ntwelve-c of this chapter.\\n c. \"Educational agency\" means a school district, board of cooperative\\neducational services, school, or the education department.\\n d. \"Personally identifiable information,\" as applied to student data,\\nmeans personally identifiable information as defined in section 99.3 of\\ntitle thirty-four of the code of federal regulations implementing the\\nfamily educational rights and privacy act, section twelve hundred\\nthirty-two-g of title twenty of the United States code, and, as applied\\nto teacher or principal data, means \"personally identifying information\"\\nas such term is used in subdivision ten of section three thousand\\ntwelve-c of this chapter.\\n e. \"School\" means any public elementary or secondary school, universal\\npre-kindergarten program authorized pursuant to section thirty-six\\nhundred two-e of this chapter, an approved provider of preschool special\\neducation, any other publicly funded pre-kindergarten program, a school\\nserving children in a special act school district as defined in section\\nfour thousand one of this chapter, an approved private school for the\\neducation of students with disabilities, a state-supported school\\nsubject to the provisions of article eighty-five of this chapter, or a\\nstate-operated school subject to the provisions of article eighty-seven\\nor eight-eight of this chapter.\\n f. \"Student\" means any person attending or seeking to enroll in an\\neducational agency.\\n g. \"Eligible student\" means a student eighteen years or older.\\n h. \"Parent\" means a parent, legal guardian, or person in parental\\nrelation to a student.\\n i. \"Student data\" means personally identifiable information from\\nstudent records of an educational agency.\\n j. \"Teacher or principal data\" means personally identifiable\\ninformation from the records of an educational agency relating to the\\nannual professional performance reviews of classroom teachers or\\nprincipals that is confidential and not subject to release under the\\nprovisions of section three thousand twelve-c of this chapter.\\n k. \"Third party contractor\" shall mean any person or entity, other\\nthan an educational agency, that receives student data or teacher or\\nprincipal data from an educational agency pursuant to a contract or\\nother written agreement for purposes of providing services to such\\neducational agency, including but not limited to data management or\\nstorage services, conducting studies for or on behalf of such\\neducational agency, or audit or evaluation of publicly funded programs.\\nSuch term shall include an educational partnership organization that\\nreceives student and/or teacher or principal data from a school district\\nto carry out its responsibilities pursuant to section two hundred\\neleven-e of this title and is not an educational agency as defined in\\nparagraph c of this subdivision, and a not-for-profit corporation or\\nother non-profit organization, other than an educational agency.\\n 2. Chief privacy officer. a. The commissioner shall appoint a chief\\nprivacy officer within the department for a term of three years, which\\nmay be renewed for three-year terms thereafter. The chief privacy\\nofficer shall be qualified by training or experience in state and\\nfederal education privacy laws and regulations, civil liberties,\\ninformation technology, and information security. The chief privacy\\nofficer shall report to the commissioner on matters affecting privacy\\nand the security of student, teacher, and principal data.\\n b. The functions of the chief privacy officer shall include, but not\\nbe limited to:\\n (1) promoting the implementation of sound information practices for\\nprivacy and security of student data or teacher or principal data;\\n (2) assisting the commissioner in handling instances of data breaches\\nas well as assisting the commissioner in due process proceedings\\nregarding any alleged breaches of student data or teacher or principal\\ndata;\\n (3) providing assistance to educational agencies within the state on\\nminimum standards and best practices associated with privacy and the\\nsecurity of student data or teacher or principal data;\\n (4) formulating a procedure within the department whereby parents,\\nstudents, teachers, superintendents, school board members, principals,\\nand other persons or entities the chief privacy officer determines is\\nappropriate, may request information pertaining to student data or\\nteacher or principal data in a timely and efficient manner;\\n (5) assisting the commissioner in establishing a protocol for the\\nsubmission of complaints of possible breaches of student data or teacher\\nor principal data;\\n (6) making recommendations as needed regarding privacy and the\\nsecurity of student data on behalf of the department to the governor,\\nthe speaker of the assembly, the temporary president of the senate, and\\nthe chairs of the senate and assembly education committees; and\\n (7) issuing an annual report on data privacy and security activities\\nand progress, the number and disposition of reported breaches, if any,\\nand a summary of any complaint submitted pursuant to subparagraph five\\nof this paragraph.\\n c. The chief privacy officer shall have the power to:\\n (1) access all records, reports, audits, reviews, documents, papers,\\nrecommendations, and other materials maintained by an educational agency\\nthat relate to student data or teacher or principal data;\\n (2) to review and comment upon any department program, proposal,\\ngrant, or contract that involves the processing of student data or\\nteacher or principal data before the commissioner begins or awards the\\nprogram, proposal, grant, or contract; and\\n (3) any other powers that the commissioner shall deem appropriate.\\n d. The chief privacy officer may hold more than one position within\\nthe department; provided, however, that no additional position may\\ninterfere with the duties of the chief privacy officer outlined in this\\nparagraph.\\n 3. Parents bill of rights for data privacy and security. a. A parents\\nbill of rights for data privacy and security shall be published on the\\nwebsite of each educational agency and shall be included with every\\ncontract an educational agency enters into with a third party contractor\\nwhere the third party contractor receives student data or teacher or\\nprincipal data.\\n b. The parents bill of rights for data privacy and security shall\\nstate in clear and plain English terms that:\\n (1) A student's personally identifiable information cannot be sold or\\nreleased for any commercial purposes;\\n (2) Parents have the right to inspect and review the complete contents\\nof their child's education record;\\n (3) State and federal laws protect the confidentiality of personally\\nidentifiable information, and safeguards associated with industry\\nstandards and best practices, including but not limited to, encryption,\\nfirewalls, and password protection, must be in place when data is stored\\nor transferred;\\n (4) A complete list of all student data elements collected by the\\nState is available for public review at (insert website address here) or\\nby writing to (insert mailing address here); and\\n (5) Parents have the right to have complaints about possible breaches\\nof student data addressed. Complaints should be directed to (insert\\nphone number, email and mailing address here).\\n c. The parents bill of rights for data privacy and security shall\\ninclude supplemental information for each contract an educational agency\\nenters into with a third party contractor where the third party\\ncontractor receives student data or teacher or principal data. Such\\nsupplemental information shall be developed by the educational agency\\nand shall include:\\n (1) the exclusive purposes for which the student data or teacher or\\nprincipal data will be used;\\n (2) how the third party contractor will ensure that the\\nsubcontractors, persons or entities that the third party contractor will\\nshare the student data or teacher or principal data with, if any, will\\nabide by data protection and security requirements;\\n (3) when the agreement expires and what happens to the student data or\\nteacher or principal data upon expiration of the agreement;\\n (4) if and how a parent, student, eligible student, teacher or\\nprincipal may challenge the accuracy of the student data or teacher or\\nprincipal data that is collected; and\\n (5) where the student data or teacher or principal data will be stored\\n(described in such a manner as to protect data security), and the\\nsecurity protections taken to ensure such data will be protected,\\nincluding whether such data will be encrypted.\\n d. The chief privacy officer, with input from parents and other\\neducation and expert stakeholders, shall develop additional elements of\\nthe parents bill of rights for data privacy and security. The\\ncommissioner shall promulgate regulations for a comment period whereby\\nparents and other members of the public may submit comments and\\nsuggestions to the chief privacy officer to be considered for inclusion.\\nThe parents bill of rights for data privacy and security shall be\\ncompleted within one hundred twenty days after the effective date of\\nthis section.\\n 4. Data collection transparency and restrictions. a. The department\\nshall promote the least intrusive data collection policies practicable\\nthat advance the goals of improving academic achievement, empowering\\nparents with information and advancing efficient and effective school\\noperations while minimizing the collection and transmission of\\npersonally identifiable information.\\n b. The chief privacy officer shall develop, regularly update and make\\npublicly available on the department's website and through such\\nadditional methods as may facilitate accessibility an inventory and\\nunderstandable description of the student, teacher and principal data\\nelements collected with an explanation and/or legal or regulatory\\nauthority outlining the reasons such data elements are collected and the\\nintended uses and disclosure of the data.\\n c. Except as otherwise specifically authorized by law, the department\\nshall only collect personally identifiable information relating to an\\neducational purpose.\\n d. The department may only require districts to submit personally\\nidentifiable information, including data on disability status and\\nstudent suspensions, where such release is required by law or otherwise\\nauthorized under the family educational rights and privacy act, 20\\nU.S.C. section 1232g, and the personal privacy protection law.\\n e. Except as required by law or in the case of educational enrollment\\ndata, school districts shall not report to the department the following\\nstudent data elements:\\n (1) juvenile delinquency records;\\n (2) criminal records;\\n (3) medical and health records; and\\n (4) student biometric information.\\n f. Personally identifiable information maintained by educational\\nagencies, including data provided to third-party contractors and their\\nassignees, shall not be sold or used for marketing purposes.\\n g. Parents shall have the right to inspect and review their child's\\neducational record including any student data stored or maintained by an\\neducational agency. The department shall develop policies for school\\ndistricts that:\\n (1) provide for annual notification to parents of their right to\\nrequest student data;\\n (2) ensure security when providing student data to parents, including\\nthat only authorized individuals receive such data; and\\n (3) specify a reasonable amount of time in which school districts\\nshould respond to such requests.\\n 5. Data security and privacy standards. a. The commissioner, in\\nconsultation with the chief privacy officer, shall promulgate\\nregulations establishing standards for educational agency data security\\nand privacy policies and shall develop one or more model policies for\\nuse by educational agencies. The commissioner shall seek the input of\\nexperts, including those from security, cyber-security and fields in\\naddition to education that have experience with personal data\\nprotection, in developing such standards and policies.\\n b. The standards for data security and privacy policies shall include,\\nbut not be limited to:\\n (1) data privacy protections, including criteria for determining\\nwhether a proposed use of personally identifiable information would\\nbenefit students and educational agencies, and processes to ensure that\\npersonally identifiable information is not included in public reports or\\nother public documents;\\n (2) data security protections, including data systems monitoring, data\\nencryption, incident response plans, limitations on access to personally\\nidentifiable information, safeguards to ensure personally identifiable\\ninformation is not accessed by unauthorized persons when transmitted\\nover communication networks, and destruction of personally identifiable\\ninformation when no longer needed; and\\n (3) application of all such restrictions, requirements and safeguards\\nto third-party contractors.\\n c. Following promulgation of regulations by the commissioner pursuant\\nto paragraph a of this subdivision each educational agency shall ensure\\nthat it has a policy on data security and privacy in place that is\\nconsistent with applicable state and federal laws and applied to student\\ndata and, where applicable, to teacher or principal data. Such policy\\nshall be published on the educational agency's website, if it exists,\\nand notice of such policy shall be provided to all officers and\\nemployees of the educational agency.\\n d. As applied to student data, such policy shall provide all\\nprotections afforded to parents and persons in parental relationships,\\nor students where applicable, required under the family educational\\nrights and privacy act, 20 U.S.C. section 1232g, where applicable the\\nindividuals with disabilities education act, sections fourteen hundred,\\net seq. of title twenty of the United States code, and the federal\\nregulations implementing such statutes. Each educational agency shall\\nensure that it has in place provisions in its contracts with third party\\ncontractors or in separate data sharing and confidentiality agreements\\nthat require that confidentiality of the shared student data or teacher\\nor principal data be maintained in accordance with federal and state law\\nand the educational agency's policy on data security and privacy.\\n e. Each educational agency that enters into a contract or other\\nwritten agreement with a third party contractor under which the third\\nparty contractor will receive student data or teacher or principal data\\nshall ensure that such contract or agreement includes a data security\\nand privacy plan that outlines how all state, federal, and local data\\nsecurity and privacy contract requirements will be implemented over the\\nlife of the contract, consistent with the educational agency's policy on\\ndata security and privacy. Such plan shall include, but shall not be\\nlimited to, a signed copy of the parents bill of rights for data privacy\\nand security, and a requirement that any officers or employees of the\\nthird party contractor and its assignees who have access to student data\\nor teacher or principal data have received or will receive training on\\nthe federal and state law governing confidentiality of such data prior\\nto receiving access.\\n f. Each third party contractor that enters into a contract or other\\nwritten agreement with an educational agency under which the third party\\ncontractor will receive student data or teacher or principal data shall:\\n (1) limit internal access to education records to those individuals\\nthat are determined to have legitimate educational interests;\\n (2) not use the education records for any other purposes than those\\nexplicitly authorized in its contract;\\n (3) except for authorized representatives of the third party\\ncontractor to the extent they are carrying out the contract, not\\ndisclose any personally identifiable information to any other party:\\n (i) without the prior written consent of the parent or eligible\\nstudent; or\\n (ii) unless required by statute or court order and the party provides\\na notice of the disclosure to the department, district board of\\neducation, or institution that provided the information no later than\\nthe time the information is disclosed, unless providing notice of the\\ndisclosure is expressly prohibited by the statute or court order;\\n (4) maintain reasonable administrative, technical and physical\\nsafeguards to protect the security, confidentiality and integrity of\\npersonally identifiable student information in its custody;\\n (5) uses encryption technology to protect data while in motion or in\\nits custody from unauthorized disclosure using a technology or\\nmethodology specified by the secretary of the United States department\\nof health and human services in guidance issued under Section\\n13402(H)(2) of Public Law 111-5.\\n 6. Breach and unauthorized release of personally identifiable\\ninformation. a. Each third party contractor that receives student data\\nor teacher or principal data pursuant to a contract or other written\\nagreement with an educational agency shall be required to notify such\\neducational agency of any breach of security resulting in an\\nunauthorized release of such data by the third party contractor or its\\nassignees in violation of applicable state or federal law, the parents\\nbill of rights for student data privacy and security, the data privacy\\nand security policies of the educational agency and/or binding\\ncontractual obligations relating to data privacy and security, in the\\nmost expedient way possible and without unreasonable delay. The\\neducational agency shall, upon notification by the third party\\ncontractor, be required to report to the chief privacy officer any such\\nbreach of security and unauthorized release of such data. The chief\\nprivacy officer shall, upon belief that such breach and unauthorized\\nrelease constitutes criminal conduct, report such breach and\\nunauthorized release to law enforcement in the most expedient way\\npossible and without unreasonable delay.\\n b. In the case of an unauthorized release of student data, the\\neducational agency shall notify the parent or eligible student of the\\nunauthorized release of student data that includes personally\\nidentifiable information from the student records of such student in the\\nmost expedient way possible and without unreasonable delay. In the case\\nof an unauthorized release of teacher or principal data, the educational\\nagency shall notify each affected teacher or principal of the\\nunauthorized release of data that includes personally identifiable\\ninformation from the teacher or principal's annual professional\\nperformance review in the most expedient way possible and without\\nunreasonable delay.\\n c. In the case of notification to a parent, eligible student, teacher\\nor principal under paragraph b of this subdivision due to the\\nunauthorized release of student data by a third-party contractor or its\\nassignee, the third-party contractor shall promptly reimburse the\\neducational agency for the full cost of such notification.\\n d. Each violation of a third party contractor pursuant to paragraph a\\nof this subdivision shall be punishable by a civil penalty of the\\ngreater of five thousand dollars or up to ten dollars per student,\\nteacher, and principal whose data was released, provided that the latter\\namount shall not exceed the maximum penalty under paragraph (a) of\\nsubdivision six of section eight hundred ninety-nine-aa of the general\\nbusiness law.\\n e. If the chief privacy officer determines that a third party\\ncontractor or its assignee, in violation of applicable state or federal\\nlaw, the data privacy and security policies of the educational agency\\nprovided by such educational agency to the third party contractor and/or\\nbinding contractual obligations relating to data privacy and security,\\nhas released any student data or teacher or principal data received from\\nan educational agency to any person or entity not authorized by law to\\nreceive such data pursuant to a lawful subpoena or otherwise, the chief\\nprivacy officer, after affording the third party contractor with notice\\nand an opportunity to be heard, shall be authorized to:\\n (1) order that the third party contractor be precluded from accessing\\nstudent data or teacher or principal data, as applicable, from the\\neducational agency from which the contractor obtained the data that was\\nimproperly disclosed for a fixed period of up to five years; and/or\\n (2) order that a third party contractor or assignee who knowingly or\\nrecklessly allowed for the unauthorized release of student data or\\nteacher or principal data be precluded from accessing student data or\\nteacher or principal data from any educational agency in the state for a\\nfixed period of up to five years; and/or\\n (3) order that a third party contractor or assignee who knowingly or\\nrecklessly allowed for the unauthorized release of student data or\\nteacher or principal data shall not be deemed a responsible bidder or\\nofferer on any contract with an educational agency that involves the\\nsharing of student data or teacher or principal data, as applicable for\\npurposes of the provisions of section one hundred three of the general\\nmunicipal law or paragraph c of subdivision ten of section one hundred\\nsixty-three of the state finance law, as applicable, for a fixed period\\nof up to five years; and/or\\n (4) require the third party contractor to provide training at the\\ncontractor's expense on the federal and state law governing\\nconfidentiality of student data and/or teacher or principal data and the\\nprovisions of this section to all its officers and employees with access\\nto such data, prior to being permitted to receive subsequent access to\\nsuch data from the educational agency from which the contractor obtained\\nthe data that was improperly disclosed or from any educational agency;\\nand/or\\n (5) if it is determined that the unauthorized release of student data\\nor teacher or principal data on the part of the third party contractor\\nor assignee was inadvertent and done without intent, knowledge,\\nrecklessness or gross negligence, the commissioner may determine that no\\npenalty be issued upon the third party contractor.\\n 7. Implementation and enforcement. a. The commissioner, in\\nconsultation with the chief privacy officer, shall promulgate\\nregulations establishing procedures to implement the provisions of this\\nsection, including but not limited to procedures for the submission of\\ncomplaints from parents and/or persons in parental relation to students,\\nclassroom teachers or building principals, or other staff of an\\neducational agency, making allegations of improper disclosure of student\\ndata and/or teacher or principal data by a third party contractor or its\\nofficers, employees or assignees that may be subject to the sanctions\\nset forth in subdivision six of this section. Upon receipt of a\\ncomplaint or other information indicating that such an improper\\ndisclosure by a third party contractor may have occurred, the chief\\nprivacy officer shall be authorized to investigate, visit, examine and\\ninspect the third party contractor's facilities and records and obtain\\ndocumentation from, or require the testimony of, any party relating to\\nthe alleged improper disclosure of student data or teacher or principal\\ndata.\\n b. Except as provided under paragraph d of subdivision six of this\\nsection, each violation of any provision of this section by a third\\nparty contractor or its assignee shall be punishable by a civil penalty\\nof up to one thousand dollars; a second violation by the same third\\nparty contractor involving the same student data or teacher or principal\\ndata shall be punishable by a civil penalty of up to five thousand\\ndollars; any subsequent violation by the same third party contractor\\ninvolving the same student date or teacher or principal data shall be\\npunishable by a civil penalty of up to ten thousand dollars. Each\\nviolation of this subdivision shall be considered a separate violation\\nfor purposes of civil penalties and the total penalty shall not exceed\\nthe maximum penalty under paragraph (a) of subdivision six of section\\neight hundred ninety-nine-aa of the general business law.\\n c. Nothing contained in this section shall be construed as creating a\\nprivate right of action against the department or an educational agency.\\n d. Nothing in this section shall limit the administrative use of\\nstudent data or teacher or principal data by a person acting exclusively\\nin the person's capacity as an employee of an educational agency or of\\nthe state or any of its political subdivisions, any court or the federal\\ngovernment that is otherwise required by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A2", "title" : "Dignity For All Students", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-05-03" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 10, "repealedDate" : null, "fromSection" : "10", "toSection" : "18", "text" : " ARTICLE 2\\n DIGNITY FOR ALL STUDENTS\\nSection 10. Legislative intent.\\n 11. Definitions.\\n 12. Discrimination and harassment prohibited.\\n 13. Policies and guidelines.\\n 14. Commissioner's responsibilities.\\n 15. Reporting by commissioner.\\n 16. Protection of people who report discrimination or\\n harassment.\\n 17. Application.\\n 18. Severability and construction.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "10", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 11, "repealedDate" : null, "fromSection" : "10", "toSection" : "10", "text" : " § 10. Legislative intent. The legislature finds that students' ability\\nto learn and to meet high academic standards, and a school's ability to\\neducate its students, are compromised by incidents of discrimination or\\nharassment including bullying, taunting or intimidation. It is hereby\\ndeclared to be the policy of the state to afford all students in public\\nschools an environment free of discrimination and harassment. The\\npurpose of this article is to foster civility in public schools and to\\nprevent and prohibit conduct which is inconsistent with a school's\\neducational mission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "11", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-19" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 12, "repealedDate" : null, "fromSection" : "11", "toSection" : "11", "text" : " § 11. Definitions. For the purposes of this article, the following\\nterms shall have the following meanings:\\n 1. \"School property\" shall mean in or within any building, structure,\\nathletic playing field, playground, parking lot, or land contained\\nwithin the real property boundary line of a public elementary or\\nsecondary school; or in or on a school bus, as defined in section one\\nhundred forty-two of the vehicle and traffic law.\\n 2. \"School function\" shall mean a school-sponsored extra-curricular\\nevent or activity.\\n 3. \"Disability\" shall mean disability as defined in subdivision\\ntwenty-one of section two hundred ninety-two of the executive law.\\n 4. \"Employee\" shall mean employee as defined in subdivision three of\\nsection eleven hundred twenty-five of this title.\\n 5. \"Sexual orientation\" shall mean actual or perceived\\nheterosexuality, homosexuality or bisexuality.\\n 6. \"Gender\" shall mean actual or perceived sex and shall include a\\nperson's gender identity or expression.\\n 7. \"Harassment\" and \"bullying\" shall mean the creation of a hostile\\nenvironment by conduct or by threats, intimidation or abuse, including\\ncyberbullying, that (a) has or would have the effect of unreasonably and\\nsubstantially interfering with a student's educational performance,\\nopportunities or benefits, or mental, emotional or physical well-being;\\nor (b) reasonably causes or would reasonably be expected to cause a\\nstudent to fear for his or her physical safety; or (c) reasonably causes\\nor would reasonably be expected to cause physical injury or emotional\\nharm to a student; or (d) occurs off school property and creates or\\nwould foreseeably create a risk of substantial disruption within the\\nschool environment, where it is foreseeable that the conduct, threats,\\nintimidation or abuse might reach school property. Acts of harassment\\nand bullying shall include, but not be limited to, those acts based on a\\nperson's actual or perceived race, color, weight, national origin,\\nethnic group, religion, religious practice, disability, sexual\\norientation, gender or sex. For the purposes of this definition the term\\n\"threats, intimidation or abuse\" shall include verbal and non-verbal\\nactions.\\n 8. \"Cyberbullying\" shall mean harassment or bullying as defined in\\nsubdivision seven of this section, including paragraphs (a), (b), (c)\\nand (d) of such subdivision, where such harassment or bullying occurs\\nthrough any form of electronic communication.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "12", "title" : "Discrimination and harassment prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 13, "repealedDate" : null, "fromSection" : "12", "toSection" : "12", "text" : " § 12. Discrimination and harassment prohibited. 1. No student shall be\\nsubjected to harassment or bullying by employees or students on school\\nproperty or at a school function; nor shall any student be subjected to\\ndiscrimination based on a person's actual or perceived race, color,\\nweight, national origin, ethnic group, religion, religious practice,\\ndisability, sexual orientation, gender, or sex by school employees or\\nstudents on school property or at a school function. Nothing in this\\nsubdivision shall be construed to prohibit a denial of admission into,\\nor exclusion from, a course of instruction based on a person's gender\\nthat would be permissible under section thirty-two hundred one-a or\\nparagraph (a) of subdivision two of section twenty-eight hundred\\nfifty-four of this chapter and title IX of the Education Amendments of\\n1972 (20 U.S.C. section 1681, et. seq.), or to prohibit, as\\ndiscrimination based on disability, actions that would be permissible\\nunder section 504 of the Rehabilitation Act of 1973.\\n 2. An age-appropriate version of the policy outlined in subdivision\\none of this section, written in plain-language, shall be included in the\\ncode of conduct adopted by boards of education and the trustees or sole\\ntrustee pursuant to section twenty-eight hundred one of this chapter and\\na summary of such policy shall be included in any summaries required by\\nsuch section twenty-eight hundred one.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "13", "title" : "Policies and guidelines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 14, "repealedDate" : null, "fromSection" : "13", "toSection" : "13", "text" : " § 13. Policies and guidelines. The board of education and the trustees\\nor sole trustee of every school district shall create policies,\\nprocedures and guidelines that shall include, but not be limited to:\\n 1. Policies and procedures intended to create a school environment\\nthat is free from harassment, bullying and discrimination, that include\\nbut are not limited to provisions which:\\n a. identify the principal, superintendent or the principal's or\\nsuperintendent's designee as the school employee charged with receiving\\nreports of harassment, bullying and discrimination;\\n b. enable students and parents to make an oral or written report of\\nharassment, bullying or discrimination to teachers, administrators and\\nother school personnel that the school district deems appropriate;\\n c. require school employees who witness harassment, bullying or\\ndiscrimination, or receive an oral or written report of harassment,\\nbullying or discrimination, to promptly orally notify the principal,\\nsuperintendent or the principal's or superintendent's designee not later\\nthan one school day after such school employee witnesses or receives a\\nreport of harassment, bullying or discrimination, and to file a written\\nreport with the principal, superintendent or the principal or\\nsuperintendent's designee not later than two school days after making\\nsuch oral report;\\n d. require the principal, superintendent or the principal's or\\nsuperintendent's designee to lead or supervise the thorough\\ninvestigation of all reports of harassment, bullying and discrimination,\\nand to ensure that such investigation is completed promptly after\\nreceipt of any written reports made under this section;\\n e. require the school, when an investigation reveals any such verified\\nharassment, bullying or discrimination, to take prompt actions\\nreasonably calculated to end the harassment, bullying or discrimination,\\neliminate any hostile environment, create a more positive school culture\\nand climate, prevent recurrence of the behavior, and ensure the safety\\nof the student or students against whom such harassment, bullying or\\ndiscrimination was directed. Such actions shall be consistent with the\\nguidelines created pursuant to subdivision four of this section;\\n f. prohibit retaliation against any individual who, in good faith,\\nreports, or assists in the investigation of, harassment, bullying or\\ndiscrimination;\\n g. include a school strategy to prevent harassment, bullying and\\ndiscrimination;\\n h. require the principal to make a regular report on data and trends\\nrelated to harassment, bullying and discrimination to the\\nsuperintendent;\\n i. require the principal, superintendent or the principal's or\\nsuperintendent's designee, to notify promptly the appropriate local law\\nenforcement agency when such principal, superintendent or the\\nprincipal's or superintendent's designee, believes that any harassment,\\nbullying or discrimination constitutes criminal conduct;\\n j. include appropriate references to the provisions of the school\\ndistrict's code of conduct adopted pursuant to section twenty-eight\\nhundred one of this chapter that are relevant to harassment, bullying\\nand discrimination;\\n k. require each school, at least once during each school year, to\\nprovide all school employees, students and parents with a written or\\nelectronic copy of the school district's policies created pursuant to\\nthis section, or a plain-language summary thereof, including\\nnotification of the process by which students, parents and school\\nemployees may report harassment, bullying and discrimination. This\\nsubdivision shall not be construed to require additional distribution of\\nsuch policies and guidelines if they are otherwise distributed to school\\nemployees, students and parents;\\n l. maintain current versions of the school district's policies created\\npursuant to this section on the school district's internet website, if\\none exists;\\n 2. Guidelines to be used in school training programs to discourage the\\ndevelopment of harassment, bullying and discrimination, and to make\\nschool employees aware of the effects of harassment, bullying,\\ncyberbullying and discrimination on students and that are designed:\\n a. to raise the awareness and sensitivity of school employees to\\npotential harassment, bullying and discrimination, and\\n b. to enable employees to prevent and respond to harassment, bullying\\nand discrimination; and\\n 3. Guidelines relating to the development of nondiscriminatory\\ninstructional and counseling methods, and requiring that at least one\\nstaff member at every school be thoroughly trained to handle human\\nrelations in the areas of race, color, weight, national origin, ethnic\\ngroup, religion, religious practice, disability, sexual orientation,\\ngender, and sex; and\\n 4. Guidelines relating to the development of measured, balanced and\\nage-appropriate responses to instances of harassment, bullying or\\ndiscrimination by students, with remedies and procedures following a\\nprogressive model that make appropriate use of intervention, discipline\\nand education, vary in method according to the nature of the behavior,\\nthe developmental age of the student and the student's history of\\nproblem behaviors, and are consistent with the district's code of\\nconduct; and\\n 5. Training required by this section shall address the social patterns\\nof harassment, bullying and discrimination, as defined in section eleven\\nof this article, including but not limited to those acts based on a\\nperson's actual or perceived race, color, weight, national origin,\\nethnic group, religion, religious practice, disability, sexual\\norientation, gender or sex, the identification and mitigation of\\nharassment, bullying and discrimination, and strategies for effectively\\naddressing problems of exclusion, bias and aggression in educational\\nsettings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "14", "title" : "Commissioner's responsibilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 15, "repealedDate" : null, "fromSection" : "14", "toSection" : "14", "text" : " § 14. Commissioner's responsibilities. The commissioner shall:\\n 1. Provide direction, which may include development of model policies\\nand, to the extent possible, direct services, to school districts\\nrelated to preventing harassment, bullying and discrimination and to\\nfostering an environment in every school where all children can learn\\nfree of manifestations of bias;\\n 2. Provide grants, from funds appropriated for such purpose, to local\\nschool districts to assist them in implementing the guidelines set forth\\nin this section;\\n 3. Promulgate regulations to assist school districts in implementing\\nthis article including, but not limited to, regulations to assist school\\ndistricts in developing measured, balanced, and age-appropriate\\nresponses to violations of this policy, with remedies and procedures\\nfollowing a progressive model that make appropriate use of intervention,\\ndiscipline and education and provide guidance related to the application\\nof regulations; and\\n 4. Provide guidance and educational materials to school districts\\nrelated to best practices in addressing cyberbullying and helping\\nfamilies and communities work cooperatively with schools in addressing\\ncyberbullying, whether on or off school property or at or away from a\\nschool function.\\n 5. The commissioner shall prescribe regulations that school\\nprofessionals applying on or after December thirty-first, two thousand\\nthirteen for a certificate or license, including but not limited to a\\ncertificate or license valid for service as a classroom teacher, school\\ncounselor, school psychologist, school social worker, school\\nadministrator or supervisor or superintendent of schools shall, in\\naddition to all other certification or licensing requirements, have\\ncompleted training on the social patterns of harassment, bullying and\\ndiscrimination, as defined in section eleven of this article, including\\nbut not limited to those acts based on a person's actual or perceived\\nrace, color, weight, national origin, ethnic group, religion, religious\\npractice, disability, sexual orientation, gender or sex, the\\nidentification and mitigation of harassment, bullying and\\ndiscrimination, and strategies for effectively addressing problems of\\nexclusion, bias and aggression in educational settings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "15", "title" : "Reporting by commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15", "activeDate" : "2014-09-22", "sequenceNo" : 16, "repealedDate" : null, "fromSection" : "15", "toSection" : "15", "text" : " § 15. Reporting by commissioner. The commissioner shall create a\\nprocedure under which material incidents of harassment, bullying and\\ndiscrimination on school grounds or at a school function are reported to\\nthe department at least on an annual basis. Such procedure shall provide\\nthat such reports shall, wherever possible, also delineate the specific\\nnature of such incidents of harassment, bullying and discrimination,\\nprovided that the commissioner may comply with the requirements of this\\nsection through use of the existing uniform violent incident reporting\\nsystem. In addition the department may conduct research or undertake\\nstudies to determine compliance throughout the state with the provisions\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "16", "title" : "Protection of people who report harassment, bullying or discrimination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 17, "repealedDate" : null, "fromSection" : "16", "toSection" : "16", "text" : " § 16. Protection of people who report harassment, bullying or\\ndiscrimination. Any person having reasonable cause to suspect that a\\nstudent has been subjected to harassment, bullying or discrimination, by\\nan employee or student, on school grounds or at a school function, who,\\nacting reasonably and in good faith, reports such information to school\\nofficials, to the commissioner or to law enforcement authorities, acts\\nin compliance with paragraph e or i of subdivision one of section\\nthirteen of this article, or otherwise initiates, testifies,\\nparticipates or assists in any formal or informal proceedings under this\\narticle, shall have immunity from any civil liability that may arise\\nfrom the making of such report or from initiating, testifying,\\nparticipating or assisting in such formal or informal proceedings, and\\nno school district or employee shall take, request or cause a\\nretaliatory action against any such person who, acting reasonably and in\\ngood faith, either makes such a report or initiates, testifies,\\nparticipates or assists in such formal or informal proceedings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "17", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "17", "activeDate" : "2014-09-22", "sequenceNo" : 18, "repealedDate" : null, "fromSection" : "17", "toSection" : "17", "text" : " § 17. Application. Nothing in this article shall:\\n 1. Apply to private, religious or denominational educational\\ninstitutions; or\\n 2. Preclude or limit any right or cause of action provided under any\\nlocal, state or federal ordinance, law or regulation including but not\\nlimited to any remedies or rights available under the Individuals With\\nDisabilities Education Act, Title VII of the Civil Rights Law of 1964,\\nsection 504 of the Rehabilitation Act of 1973 or the Americans with\\nDisabilities Act of 1990.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "18", "title" : "Severability and construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "18", "activeDate" : "2014-09-22", "sequenceNo" : 19, "repealedDate" : null, "fromSection" : "18", "toSection" : "18", "text" : " § 18. Severability and construction. The provisions of this article\\nshall be severable, and if any court of competent jurisdiction declares\\nany phrase, clause, sentence or provision of this article to be invalid,\\nor its applicability to any government agency, person or circumstance is\\ndeclared invalid, the remainder of this article and its relevant\\napplicability shall not be affected. The provisions of this article\\nshall be liberally construed to give effect to the purposes thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A3", "title" : "Education Department", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-31", "2025-12-26", "2026-03-06" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 20, "repealedDate" : null, "fromSection" : "101", "toSection" : "187", "text" : " ARTICLE 3\\n EDUCATION DEPARTMENT\\n PART I\\n GENERAL PROVISIONS\\nSection 101. Education department; regents of the university.\\n 101-a. Promulgation of rules and regulations of commissioner\\n relating to the supervision of services for the public\\n good conducted under supervision of school districts.\\n 101-b. Paperwork reduction.\\n 102. Associate and assistant commissioners.\\n 103. Divisions of department.\\n 104. Other officers and employees.\\n 105. Removals and suspensions.\\n 106. Joint seal.\\n 107. Compact for education.\\n 108. State education building.\\n 109. (Enacted without section heading).\\n 110. Refunds.\\n 111. Indian affairs.\\n 112. Children in care; responsibility for education.\\n 113. Leaves of absence to professional members of the\\n department.\\n 114. Reduction of salaries for investment in custodial\\n accounts.\\n 140. Historical documentary heritage grants and aid.\\n PART IV\\n SCIENTIFIC AND HISTORIC PLACES\\nSection 174. Powers formerly exercised by the state board of geographic\\n names.\\n PART V\\n EDUCATION DEPARTMENT OPTIONAL RETIREMENT PROGRAM\\nSection 180. Definitions.\\n 181. Education department optional retirement program\\n established.\\n 182. Rates of contribution.\\n 183. Election.\\n 184. Survivor's benefits.\\n 185. Social security.\\n 186. State not liable for payment of benefits.\\n 187. Inconsistent provisions of other acts superseded.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A3P1", "title" : "General Provisions", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 21, "repealedDate" : null, "fromSection" : "101", "toSection" : "140", "text" : " PART I\\n GENERAL PROVISIONS\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "101", "title" : "Education department; regents of the university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "101", "activeDate" : "2014-09-22", "sequenceNo" : 22, "repealedDate" : null, "fromSection" : "101", "toSection" : "101", "text" : " § 101. Education department; regents of the university. There shall\\ncontinue to be in the state government an education department. The\\ndepartment is charged with the general management and supervision of all\\npublic schools and all of the educational work of the state, including\\nthe operations of The University of the State of New York and the\\nexercise of all the functions of the education department, of The\\nUniversity of the State of New York, of the regents of the university\\nand of the commissioner of education and the performance of all their\\npowers and duties, which were transferred to the education department by\\nsection three hundred twelve of the state departments law or shall have\\nbeen prescribed by law before March sixteenth, nineteen hundred\\ntwenty-seven, whether in terms vested in such department or university\\nor in any sub-department, division or bureau thereof or in such\\ncommissioner, board or officer, and such functions, powers and duties\\nshall continue to be vested in the education department continued by\\nthis chapter and shall continue to be exercised and performed therein by\\nor through the appropriate officer, sub-department, division or bureau\\nthereof, together with such functions, powers and duties as hereafter\\nmay be conferred or imposed upon such department by law. All the\\nprovisions of this chapter, in so far as they are not inconsistent with\\nthe provisions of this chapter as hereby amended or may be made\\napplicable, shall apply to the education department continued by this\\nchapter as hereby amended and to The University of the State of New\\nYork, the board of regents of the university, the commissioner of\\neducation and to the divisions, bureaus and officers in such department.\\nThe head of the department shall continue to be the regents of The\\nUniversity of the State of New York, who shall appoint, and at pleasure\\nmay remove, the commissioner of education. The commissioner shall\\ncontinue to be the chief administrative officer of the department. The\\nregents also may appoint and, at pleasure, remove a deputy commissioner\\nof education, who shall perform such duties as the regents may assign to\\nhim by rule and who, in the absence or disability of the commissioner or\\nwhen a vacancy exists in the office of commissioner, shall exercise and\\nperform the functions, powers and duties conferred or imposed on the\\ncommissioner by this chapter. The regents of The University of the\\nState of New York shall continue to constitute a board and The\\nUniversity of the State of New York, which was continued under such name\\nby section two of article eleven of the constitution, shall continue to\\nbe governed and all its corporate powers to be exercised by such board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "101-A", "title" : "Promulgation of rules and regulations of commissioner relating to the supervision of services for the public good conducted under supervi...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "101-A", "activeDate" : "2014-09-22", "sequenceNo" : 23, "repealedDate" : null, "fromSection" : "101-A", "toSection" : "101-A", "text" : " § 101-a. Promulgation of rules and regulations of commissioner\\nrelating to the supervision of services for the public good conducted\\nunder supervision of school districts. The commissioner of education\\nshall promulgate rules and regulations for the supervision, by school\\ndistricts, of programs of performing services for the public good by\\ncertain infants pursuant to the provisions of sections seven hundred\\nfifty-eight-a and 353.6 of the family court act. Such rules and\\nregulations, shall include, but not be limited to, provisions (a)\\nassuring that the conditions of work, including wages, meet the\\nstandards therefor prescribed pursuant to the labor law; (b) affording\\ncoverage to the child under the workers' compensation law; (c) assuring\\nthat the entity receiving such services shall not utilize the same to\\nreplace its regular employees; and (d) providing for reports to the\\nfamily court not less frequently than every six months, unless the\\nfamily court orders otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "101-B", "title" : "Paperwork reduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "101-B", "activeDate" : "2014-09-22", "sequenceNo" : 24, "repealedDate" : null, "fromSection" : "101-B", "toSection" : "101-B", "text" : " § 101-b. Paperwork reduction. 1. The commissioner shall be authorized\\nto receive and accept reports, plans, applications and all other\\ninformation required to be reported by statute or regulation through\\nelectronic means. The commissioner shall accept hard copy non-electronic\\nfilings or submissions if the school district is able to demonstrate\\nthat complying with electronic submission requirements would create\\nundue hardship for the school district or some other good cause exists\\nthat would make electronic submission extremely impractical for the\\nschool district.\\n 2. It shall be the duty of the commissioner to review all existing\\nreports and plans that school districts and boards of cooperative\\neducational services are required to submit and by November first, two\\nthousand ten, the commissioner shall submit to the board of regents, the\\ngovernor, the speaker of the assembly, the temporary president of the\\nsenate, the director of the budget and the chairs of the respective\\nfiscal and education committees of the senate and assembly specific\\nrecommendations to eliminate unnecessary or duplicative reporting\\nrequirements; and where possible, recommendations to consolidate\\nreports, plans and other information required to be submitted to the\\ncommissioner including which recommendations could be implemented\\nadministratively and which would require statutory authorization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "102", "title" : "Associate and assistant commissioners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "102", "activeDate" : "2014-09-22", "sequenceNo" : 25, "repealedDate" : null, "fromSection" : "102", "toSection" : "102", "text" : " § 102. Associate and assistant commissioners. The commissioner of\\neducation shall appoint, subject to the approval of the regents, such\\nassociate and assistant commissioners as he shall deem necessary for the\\nproper organization and general classification of the work of the\\ndepartment, and assign to such associate and assistant commissioners the\\nwork which shall be under their respective supervision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "103", "title" : "Divisions of department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "103", "activeDate" : "2014-09-22", "sequenceNo" : 26, "repealedDate" : null, "fromSection" : "103", "toSection" : "103", "text" : " § 103. Divisions of department. By action of the regents upon the\\nrecommendation of the commissioner of education the department may be\\ndivided into divisions and bureaus. By like action new divisions and\\nbureaus may be created and divisions and bureaus may be consolidated or\\nabolished, and the administrative work of the department assigned to the\\nseveral divisions and bureaus.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "104", "title" : "Other officers and employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "104", "activeDate" : "2014-09-22", "sequenceNo" : 27, "repealedDate" : null, "fromSection" : "104", "toSection" : "104", "text" : " § 104. Other officers and employees. The commissioner of education,\\nsubject to the approval of the regents, shall have power, in conformity\\nwith their rules, to appoint all other needed officers and employees and\\nfix their titles, duties and salaries.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "105", "title" : "Removals and suspensions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "105", "activeDate" : "2014-09-22", "sequenceNo" : 28, "repealedDate" : null, "fromSection" : "105", "toSection" : "105", "text" : " § 105. Removals and suspensions. With the approval of the regents,\\nthe commissioner of education may, at his pleasure, remove from office\\nany assistant commissioner, or other appointive officer or employee;\\nand, when the regents are not in session, the commissioner may, during\\nhis pleasure, suspend, without salary, any such officer or employee, but\\nnot longer than till the adjournment of the succeeding meeting of the\\nregents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "106", "title" : "Joint seal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "106", "activeDate" : "2014-09-22", "sequenceNo" : 29, "repealedDate" : null, "fromSection" : "106", "toSection" : "106", "text" : " § 106. Joint seal. The regents of the university upon the\\nrecommendation of the commissioner of education shall adopt, and may\\nmodify at any time, a seal, which shall be used in common as the seal of\\nthe education department and of the university; and copies of all\\nrecords thereof and of all acts, orders, decrees and decisions made by\\nthe regents or by the commissioner of education, and of their official\\npapers, and of the drafts or machine copies of any of the foregoing, may\\nbe authenticated under the said seal and shall then be evidence equally\\nwith and in like manner as the originals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "107", "title" : "Compact for education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "107", "activeDate" : "2014-09-22", "sequenceNo" : 30, "repealedDate" : null, "fromSection" : "107", "toSection" : "107", "text" : " § 107. Compact for education. 1. The compact for education is hereby\\nentered into and enacted into law with all jurisdictions legally joining\\ntherein, in the form substantially as follows:\\n COMPACT FOR EDUCATION PREAMBLE\\n WHEREAS, the proper education of all citizens is one of the most\\nimportant responsibilities of the states to preserve a free and open\\nsociety in the United States; and,\\n WHEREAS, the increasing demands of our whole national life for\\nimproving and expanding educational services require a broad exchange of\\nresearch data and information concerning the problems and practices of\\neducation; and,\\n WHEREAS, there is a vital need for strengthening the voices of the\\nstates in the formulation of alternative nationwide educational\\npolicies,\\n THE STATES AFFIRM the need for close and continuing consultation among\\nour several states on all matters of education, and do hereby establish\\nthis compact for education.\\n Article I. Purpose and Policy.\\n A. It is the purpose of this compact to:\\n 1. Establish and maintain close cooperation and understanding among\\nexecutive, legislative, professional educational and lay leadership on a\\nnationwide basis at the state and local levels.\\n 2. Provide a forum for the discussion, development, crystallization\\nand recommendation of public policy alternatives in the field of\\neducation.\\n 3. Provide a clearing house of information on matters relating to\\neducational problems and how they are being met in different places\\nthroughout the nation, so that the executive and legislative branches of\\nstate government and of local communities may have ready access to the\\nexperience and record of the entire country, and so that both lay and\\nprofessional groups in the field of education may have additional\\navenues for the sharing of experience and the interchange of ideas in\\nthe formation of public policy in education.\\n 4. Facilitate the improvement of state and local educational systems\\nso that all of them will be able to meet adequate and desirable goals in\\na society which requires continuous qualitative and quantitative advance\\nin educational opportunities, methods and facilities.\\n B. It is the policy of this compact to encourage and promote local and\\nstate initiative in the development, maintenance, improvement and\\nadministration of educational systems and institutions in a manner which\\nwill accord with the needs and advantages of diversity among localities\\nand states.\\n C. The party states recognize that each of them has an interest in the\\nquality and quantity of education furnished in each of the other states,\\nas well as in the excellence of its own educational systems and\\ninstitutions, because of the highly mobile character of individuals\\nwithin the nation, and because the products and services contributing to\\nthe health, welfare and economic advancement of each state are supplied\\nin significant part by persons educated in other states.\\n Article II. State Defined.\\n As used in this compact, \"state\" means a state, territory, or\\npossession of the United States, the District of Columbia, or the\\nCommonwealth of Puerto Rico.\\n Article III. The Commission.\\n A. The educational commission of the states, hereinafter called \"the\\ncommission\", is hereby established. The commission shall consist of\\nseven members representing each party state. One of such members shall\\nbe the governor; two shall be members of the state legislature selected\\nby its respective houses and serving in such manner as the legislature\\nmay determine; and four shall be appointed by and serve at the pleasure\\nof the governor, unless the laws of the state otherwise provide. If the\\nlaws of a state prevent legislators from serving on the commission, six\\nmembers shall be appointed by and serve at the pleasure of the governor,\\nunless the laws of the state otherwise provide. In addition to any other\\nprinciples or requirements which a state may establish for the\\nappointment and service of its members of the commission, the guiding\\nprinciple for the composition of the membership on the commission from\\neach party state shall be that the members representing such state\\nshall, by virtue of their training, experience, knowledge or\\naffiliations be in a position collectively to reflect broadly the\\ninterests of the state government, higher education, the state education\\nsystem, local education, lay and professional, public and non-public\\neducational leadership. Of those appointees, one shall be the head of a\\nstate agency or institution, designated by the governor, having\\nresponsibility for one or more programs of public education. In addition\\nto the members of the commission representing the party states, there\\nmay be not to exceed ten non-voting commissioners selected by the\\nsteering committee for terms of one year. Such commissioners shall\\nrepresent leading national organizations of professional educators or\\npersons concerned with educational administration.\\n B. The members of the commission shall be entitled to one vote each on\\nthe commission. No action of the commission shall be binding unless\\ntaken at a meeting at which a majority of the total number of votes on\\nthe commission are cast in favor thereof. Action of the commission shall\\nbe only at a meeting at which a majority of the commissioners are\\npresent. The commission shall meet at least once a year. In its bylaws,\\nand subject to such directions and limitations as may be contained\\ntherein, the commission may delegate the exercise of any of its powers\\nto the steering committee or the executive director, except for the\\npower to approve budgets or requests for appropriations, the power to\\nmake policy recommendations pursuant to article V and adoption of the\\nannual report pursuant to article III (j).\\n C. The commission shall have a seal.\\n D. The commission shall elect annually, from among its members, a\\nchairman, who shall be a governor, a vice chairman and a treasurer. The\\ncommission shall provide for the appointment of an executive director.\\nSuch executive director shall serve at the pleasure of the commission,\\nand together with the treasurer and such other personnel as the\\ncommission may deem appropriate shall be bonded in such amount as the\\ncommission shall determine. The executive director shall be secretary.\\n E. Irrespective of the civil service, personnel or other merit system\\nlaws of any of the party states, the executive director subject to the\\napproval of the steering committee shall appoint, remove or discharge\\nsuch personnel as may be necessary for the performance of the functions\\nof the commission, and shall fix the duties and compensation of such\\npersonnel. The commission in its bylaws shall provide for the personnel\\npolicies and programs of the commission.\\n F. The commission may borrow, accept or contract for the services of\\npersonnel from any party jurisdiction, the United States, or any\\nsubdivision or agency of the aforementioned governments, or from any\\nagency of two or more of the party jurisdictions or their subdivisions.\\n G. The commission may accept for any of its purposes and functions\\nunder this compact any and all donations, and grants of money,\\nequipment, supplies, materials and services, conditional or otherwise,\\nfrom any state, the United States, or any other governmental agency, or\\nfrom any person, firm, association, foundation, or corporation, and may\\nreceive, utilize and dispose of the same. Any donation or grant accepted\\nby the commission pursuant to this paragraph or services borrowed\\npursuant to paragraph (f) of this article shall be reported in the\\nannual report of the commission. Such report shall include the nature,\\namount and conditions, if any, of the donation, grant, or services\\nborrowed, and the identity of the donor or lender.\\n H. The commission may establish and maintain such facilities as may be\\nnecessary for the transacting of its business. The commission may\\nacquire, hold, and convey real and personal property and any interest\\ntherein.\\n I. The commission shall adopt bylaws for the conduct of its business\\nand shall have the power to amend and rescind these bylaws. The\\ncommission shall publish its bylaws in convenient form and shall file a\\ncopy thereof and a copy of any amendment thereto, with the appropriate\\nagency or officer in each of the party states.\\n J. The commission annually shall make to the governor and legislature\\nof each party state a report covering the activities of the commission\\nfor the preceding year. The commission may make such additional reports\\nas it may deem desirable.\\n Article IV. Powers.\\n In addition to authority conferred on the commission by other\\nprovisions of the compact, the commission shall have authority to:\\n 1. Collect, correlate, analyze and interpret information and data\\nconcerning educational needs and resources.\\n 2. Encourage and foster research in all aspects of education, but with\\nspecial reference to the desirable scope of instruction, organization,\\nadministration, and instructional methods and standards employed or\\nsuitable for employment in public educational systems.\\n 3. Develop proposals for adequate financing of education as a whole\\nand at each of its many levels.\\n 4. Conduct or participate in research of the types referred to in this\\narticle in any instance where the commission finds that such research is\\nnecessary for the advancement of the purposes and policies of this\\ncompact, utilizing fully the resources of national associations,\\nregional compact organizations for higher education, and other agencies\\nand institutions, both public and private.\\n 5. Formulate suggested policies and plans for the improvement of\\npublic education as a whole, or for any segment thereof, and make\\nrecommendations with respect thereto available to the appropriate\\ngovernmental units, agencies and public officials.\\n 6. Do such other things as may be necessary or incidental to the\\nadministration of any of its authority or functions pursuant to this\\ncompact.\\n Article V. Cooperation With Federal Government.\\n A. If the laws of the United States specifically so provide, or if\\nadministrative provision is made therefor within the federal government,\\nthe United States may be represented on the commission by not to exceed\\nten representatives. Any such representative or representatives of the\\nUnited States shall be appointed and serve in such manner as may be\\nprovided by or pursuant to federal law, and may be drawn from any one or\\nmore branches of the federal government, but no such representatives\\nshall have a vote on the commission.\\n B. The commission may provide information and make recommendations to\\nany executive or legislative agency or officer of the federal government\\nconcerning the common educational policies of the states, and may advise\\nwith any such agencies or officers concerning any matter of mutual\\ninterest.\\n Article VI. Committees.\\n A. To assist in the expeditious conduct of its business when the full\\ncommission is not meeting, the commission shall elect a steering\\ncommittee of thirty members which, subject to the provisions of this\\ncompact and consistent with the policies of the commission, shall be\\nconstituted and function as provided in the bylaws of the commission.\\nOne-third of the voting membership of the steering committee shall\\nconsist of governors, and the remainder shall consist of other members\\nof the commission. A federal representative on the commission may serve\\nwith the steering committee, but without vote. The voting members of the\\nsteering committee shall serve for terms of two years, except that\\nmembers elected to the first steering committee of the commission shall\\nbe elected as follows: fifteen for one year and fifteen for two years.\\nThe chairman, vice chairman, and treasurer of the commission shall be\\nmembers of the steering committee and, anything in this paragraph to the\\ncontrary notwithstanding, shall serve during their continuance in these\\noffices. Vacancies in the steering committee shall not affect its\\nauthority to act, but the commission at its next regularly ensuing\\nmeeting following the occurrence of any vacancy shall fill it for the\\nunexpired term. No person shall serve more than two terms as a member of\\nthe steering committee: provided that service for a partial term of one\\nyear or less shall not be counted toward the two term limitation.\\n B. The commission may establish advisory and technical committees\\ncomposed of state, local, and federal officials, and private persons to\\nadvise it with respect to any one or more of its functions. Any advisory\\nor technical committee may, on request of the state concerned, be\\nestablished to consider any matter of special concern to two or more of\\nthe party states.\\n C. The commission may establish such additional committees as its\\nbylaws may provide.\\n Article VII. Finance.\\n A. The commission shall advise the governor or designated officer or\\nofficers of each party state of its budget and estimated expenditures\\nfor such period as may be required by the laws of that party state. Each\\nof the commission's budgets of estimated expenditures shall contain\\nspecific recommendations of the amount or amounts to be appropriated by\\neach of the party states.\\n B. The total amount of appropriation requests under any budget shall\\nbe apportioned among the party states. In making such apportionment, the\\ncommission shall devise and employ a formula which takes equitable\\naccount of the populations and per capita income levels of the party\\nstates.\\n C. The commission shall not pledge the credit of any party states. The\\ncommission may meet any of its obligations in whole or in part with\\nfunds available to it pursuant to article III (g) of this compact,\\nprovided that the commission takes specific action setting aside such\\nfunds prior to incurring an obligation to be met in whole or in part in\\nsuch manner. Except where the commission makes use of funds available to\\nit pursuant to article III (g) thereof, the commission shall not incur\\nany obligation prior to the allotment of funds by the party states\\nadequate to meet the same.\\n D. The commission shall keep accurate accounts of all receipts and\\ndisbursements. The receipts and disbursements of the commission shall be\\nsubject to the audit and accounting procedures established by its\\nbylaws. However, all receipts and disbursements of funds handled by the\\ncommission shall be audited yearly by a qualified public accountant, and\\nthe report of the audit shall be included in and become part of the\\nannual reports of the commission.\\n E. The accounts of the commission shall be open at any reasonable time\\nfor inspection by duly constituted officers of the party states and by\\nany persons authorized by the commission.\\n F. Nothing contained herein shall be construed to prevent commission\\ncompliance with laws relating to audit or inspection of accounts by or\\non behalf of any government contributing to the support of the\\ncommission.\\n Article VIII. Eligible Parties; Entry Into and Withdrawal.\\n A. This compact shall have as eligible parties all states,\\nterritories, and possessions of the United States, the District of\\nColumbia, and the Commonwealth of Puerto Rico. In respect of any such\\njurisdiction not having a governor, the term \"governor\", as used in this\\ncompact, shall mean the closest equivalent official of such\\njurisdiction.\\n B. Any state or other eligible jurisdiction may enter into this\\ncompact and it shall become binding thereon when it has adopted the\\nsame: provided that in order to enter into initial effect, adoption by\\nat least ten eligible party jurisdictions shall be required.\\n C. Adoption of the compact may be either by enactment thereof or by\\nadherence thereto by the governor; provided that in the absence of\\nenactment, adherence by the governor shall be sufficient to make his\\nstate a party only until December thirty-one, nineteen hundred\\nsixty-seven. During any period when a state is participating in this\\ncompact through gubernatorial action, the governor shall appoint those\\npersons who, in addition to himself, shall serve as the members of the\\ncommission from his state, and shall provide to the commission an\\nequitable share of the financial support of the commission from any\\nsource available to him.\\n D. Except for a withdrawal effective on December thirty-one, nineteen\\nhundred sixty-seven in accordance with paragraph C of this article, any\\nparty state may withdraw from this compact by enacting a statute\\nrepealing the same, but no such withdrawal shall take effect until one\\nyear after the governor of the withdrawing state has given notice in\\nwriting of the withdrawal to the governors of all other party states. No\\nwithdrawal shall affect any liability already incurred by or chargeable\\nto a party state prior to the time of such withdrawal.\\n Article IX. Construction and Severability.\\n This compact shall be liberally construed so as to effectuate the\\npurposes thereof. 1. The provisions of this compact shall be severable\\nand if any phrase, clause, sentence or provision of this compact is\\ndeclared to be contrary to the constitution of any state or of the\\nUnited States, or the applicability thereof to any government, agency,\\nperson or circumstances is held invalid, the validity of the remainder\\nof this compact and the applicability thereof to any government, agency,\\nperson or circumstances shall not be affected thereby. If this compact\\nshall be held contrary to the constitution of any state participating\\ntherein, the compact shall remain in full force and effect as to the\\nstate affected as to all severable matters.\\n 2. Of the seven members of the educational commission of the states\\nrepresenting this state, one shall be the governor, one shall be\\nappointed by the temporary president of the senate from among the\\nmembers of that body, one shall be appointed by the speaker of the\\nassembly from among the members of that body, one shall be the\\ncommissioner of education, and three shall be appointed by and serve at\\nthe pleasure of the governor. The members of the commission representing\\nthis state shall receive no compensation for their services but shall be\\nallowed their actual and necessary expenses in performance of their\\nduties hereunder.\\n 3. Pursuant to article III (i) of the compact, the commission shall\\nfile a copy of its bylaws and any amendment thereto with the governor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "108", "title" : "State education building", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "108", "activeDate" : "2014-09-22", "sequenceNo" : 31, "repealedDate" : null, "fromSection" : "108", "toSection" : "108", "text" : " § 108. State education building. The state education building shall\\nbe occupied exclusively by the education department, including the\\nuniversity, with the state library, the state museum, and its other\\ndivisions and bureaus, together with such other work with which the\\ncommissioner of education and the regents have official relations, as\\nthe regents may, in their discretion, provide for therein, and such\\nbuilding and the offices of such department shall be maintained at state\\nexpense under the charge and care of such department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "109", "title" : "Any person, association, organization or corporation may be permitted to use the auditorium in the state education building at Albany for...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "109", "activeDate" : "2014-09-22", "sequenceNo" : 32, "repealedDate" : null, "fromSection" : "109", "toSection" : "109", "text" : " § 109. Any person, association, organization or corporation may be\\npermitted to use the auditorium in the state education building at\\nAlbany for such purposes as may be authorized by regulations of the\\ncommissioner of education upon payment of such fee as may be required\\npursuant to a schedule for such purpose adopted by the commissioner of\\neducation and approved by the director of the division of the budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "110", "title" : "Refunds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "110", "activeDate" : "2014-09-22", "sequenceNo" : 33, "repealedDate" : null, "fromSection" : "110", "toSection" : "110", "text" : " § 110. Refunds. 1. Moneys received by the state education department\\npursuant to this chapter prior to July first, nineteen hundred\\nforty-two, may be refunded: (a) Where such moneys were not required by\\nlaw or regents' rule. (b) Where such moneys were in excess of the\\namounts required by law or regents' rule. (c) Where fees are paid by\\napplicants who are not permitted to enter examinations for which such\\nfees are paid. Any such moneys received after July first, nineteen\\nhundred forty-two shall not be so refunded unless application for such\\nrefund has been made within two years after its receipt by the state\\neducation department, except that applicants for professional licenses\\nmay make an application for a refund within two years of the withdrawal\\nor denial of the application, whichever occurs first.\\n 2. Applicants for professional licenses not receiving such licenses\\nmay be granted partial refunds not exceeding fifty percent of the fee\\npaid to the department unless they have failed the examinations for\\nsuch licenses, in which case such applicants may not receive a refund.\\nEach applicant for a professional license who has at any time received a\\npartial refund of an initial license application fee shall pay all\\nrequired fees upon submitting any subsequent application for initial\\nlicensure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "111", "title" : "Indian affairs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111", "activeDate" : "2014-09-22", "sequenceNo" : 34, "repealedDate" : null, "fromSection" : "111", "toSection" : "111", "text" : " § 111. Indian affairs. The education department, by or through the\\nappropriate division, bureau or officer thereof, shall exercise and\\nperform the functions, powers and duties conferred or imposed by law in\\nrelation to the education of children upon the Indian reservations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "112", "title" : "Children in care; responsibility for education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "112", "activeDate" : "2014-09-22", "sequenceNo" : 35, "repealedDate" : null, "fromSection" : "112", "toSection" : "112", "text" : " § 112. Children in care; responsibility for education. 1. The\\ndepartment shall establish and enforce standards of instruction,\\npersonnel qualifications and other requirements for education services\\nor programs, as determined by rules of the regents and regulations of\\nthe commissioner, with respect to the individual requirements of\\nchildren who are in full-time residential care in facilities or homes\\noperated or supervised by any state department or agency or political\\nsubdivision. The department shall cooperate with the office of children\\nand family services, the department of mental hygiene and local\\ndepartments of social services with respect to educational and\\nvocational training programs for children placed with, committed to or\\nunder the supervision of such agencies. The department shall promulgate\\nregulations requiring the cooperation of local school districts in\\nfacilitating the prompt enrollment of children who are released or\\nconditionally released from residential facilities operated by or under\\ncontract with the office of children and family services, the department\\nof mental hygiene and local departments of social services and in\\nimplementing plans for release or conditional release submitted to the\\nfamily court pursuant to paragraph (c) of subdivision seven of section\\n353.3 of the family court act and the educational components of\\npermanency hearing reports submitted pursuant to section one thousand\\neighty-nine of the family court act. Such regulations regarding the\\neducational components of permanency hearing reports submitted pursuant\\nto section one thousand eighty-nine of the family court act shall be\\ndeveloped in conjunction with the office of children and family\\nservices. Nothing herein contained shall be deemed to apply to\\nresponsibility for the provision or payment of care, maintenance or\\nother services subject to the provisions of the executive law, mental\\nhygiene law, social services law or any other law.\\n 2. The commissioner shall prepare a report and submit it to the\\ngovernor, the speaker of the assembly and the temporary president of the\\nsenate by December thirty-first, nineteen hundred ninety-six and on\\nDecember thirty-first of each successive year. Such report shall\\ncontain, for each facility operated by or under contract with the office\\nof children and family services that provides educational programs, an\\nassessment of each facility's compliance with the rules of the board of\\nregents, the regulations of the commissioner, and this chapter. Such\\nreport shall include, but not be limited to: the number of youth\\nreceiving services under article eighty-nine of this chapter; the\\noffice's activities undertaken as required by subdivisions one, two,\\nfour and eight of section forty-four hundred three of this chapter; the\\nnumber of youth receiving bilingual education services; the number of\\nyouth eligible to receive limited English proficient services;\\ninterviews with facility residents conducted during site visits; library\\nservices; the ratio of teachers to students; the curriculum; the length\\nof stay of each youth and the number of hours of instruction provided;\\ninstructional technology utilized; the educational services provided\\nfollowing the release and conditional release of the youth, including,\\nbut not limited to, the implementation of requirements for the\\nenrollment of such youth in school contained in plans for release and\\nconditional release submitted to the family court pursuant to paragraph\\n(c) of subdivision seven of section 353.3 of the family court act and in\\nthe educational components of permanency hearing reports submitted\\npursuant to section one thousand eighty-nine of the family court act and\\nthe compliance by local school districts with the regulations\\npromulgated pursuant to subdivision one of this section; and any\\nrecommendations to ensure compliance with the rules of regents,\\nregulations of the commissioner, and this chapter.\\n 3. The department shall conduct site visits every four years, with at\\nleast one day's notice, of each facility operated by the office of\\nchildren and family services that provides educational programs to\\nensure compliance with rules of the board of regents, regulations of the\\ncommissioner, and this chapter. Such site visits shall include personal\\ninterviews with facility residents.\\n * 4. The commissioner shall establish procedures for administrative\\nappeals to resolve interagency disputes between school districts and\\nstate departments or agencies or political subdivisions over\\nresponsibility for provision of, or payment for, special education\\nprograms or services to children with disabilities in full-time\\nresidential care in facilities or homes operated or supervised by such\\nstate departments or agencies or political subdivisions. During the\\npendency of any such appeal, the state department or agency responsible\\nfor developing the student's individualized education program, or the\\nschool district responsible for developing the student's individualized\\neducation program where there is no state department or agency so\\nresponsible, shall provide and pay for the special education programs\\nand services on the student's individualized education program and may\\nseek reimbursement in the appeal. The commissioner shall be authorized\\nto make all orders that in the commissioner's judgment are proper or\\nnecessary to give effect to the decision in the appeal. Upon a\\ndetermination that a public agency has failed to provide or pay for such\\nspecial education programs and services, the commissioner shall certify\\nthe amount of such costs to the state comptroller and the state\\ncomptroller to deduct such amount from any state funds that become due\\nto such public agency.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "113", "title" : "Leaves of absence to professional members of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "113", "activeDate" : "2014-09-22", "sequenceNo" : 36, "repealedDate" : null, "fromSection" : "113", "toSection" : "113", "text" : " § 113. Leaves of absence to professional members of the department.\\nThe department, subject to such regulations as the commissioner may\\npromulgate, may grant any professional member of the staff of the\\ndepartment an extended leave of absence for advanced study, research,\\nprofessional writing or other experience of recognized professional\\nvalue, for not to exceed one year in seven at the rate of not to exceed\\none-half the regular salary paid, or for not to exceed six months with\\nsalary at full rate for such leave. The balance of salaries\\nappropriated for such persons, or so much thereof as may be necessary,\\nmay be applied during the period of such absence for the purpose of the\\nsalaries of substitutes to take the place of the persons thus on leave.\\nNot more than five such leaves of absence shall be granted during any\\none fiscal year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "114", "title" : "Reduction of salaries for investment in custodial accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "114", "activeDate" : "2014-09-22", "sequenceNo" : 37, "repealedDate" : null, "fromSection" : "114", "toSection" : "114", "text" : " § 114. Reduction of salaries for investment in custodial accounts. 1.\\nThe department, in its discretion, may enter into a written agreement\\nwith any employee to reduce the annual salary otherwise payable by law\\nto such employee for the purpose of investing in a custodial account, as\\npermitted by paragraph seven of subdivision (b) of section four hundred\\nthree of the United States internal revenue code, as amended, or in a\\ntax deferred annuity, as permitted by subdivision (b) of section four\\nhundred three of the United States internal revenue code, as amended,\\nfor such employee. Any such agreement shall be subject to approval and\\nfiling by the comptroller, and shall specify the amount of such\\nreduction and the effective date thereof. Any such agreement may be\\nterminated at any time upon written notice by either such employee or\\nthe department. Such termination shall take effect at the beginning of\\nthe payroll period the first day of which is nearest to the thirtieth\\nday following the day on which such notification of termination was (a)\\nreceived by the department, in the event such termination is initiated\\nby the employee, or (b) sent to the employee, in the event such\\ntermination is initiated by the department. No more than one such\\nagreement shall be entered into in any period of twelve successive\\ncalendar months.\\n 2. Upon approval and filing by the comptroller of any such agreement\\nthe comptroller shall reduce an employee's salary pursuant to said\\nagreement and pay an amount equal to the amount agreed upon for such\\nsalary reduction as an employer contribution to the designated custodian\\nof the employee's account or the issuer of the employee's annuity.\\nNotwithstanding the reductions of salary authorized by this section, (a)\\nthe amount of employer and employee contributions otherwise required on\\nbehalf of an employee electing the optional retirement program pursuant\\nto part five of this article shall continue to be made on the basis of\\nthe salary of such employee without regard to such reduction, or (b) in\\nthe event a member of a public retirement system in this state agrees to\\na reduction of salary pursuant to this section, such agreement shall not\\ncause the employee to lose any benefits under such public retirement\\nsystem to which such employee would otherwise be entitled had he or she\\nnot agreed to a reduction in salary for the purpose of establishing a\\ncustodial account or purchasing a tax-deferred annuity, and any required\\nemployer and employee contributions shall continue to be made on the\\nbasis of the salary of such employee without regard to such reduction.\\nAny survivor's benefit payable pursuant to sections one hundred\\nfifty-four and one hundred fifty-four-a of the civil service law shall\\nbe based upon the salary of such employee without regard to the\\nreduction authorized by this section.\\n 3. Any payroll deduction, other than income tax withholdings as\\nrequired by law, which may be required or authorized pursuant to law,\\ncontract, agreement, or any other instrument, the amount of which is\\ndetermined in relation to an employee's earnings, shall be based on the\\nsalary of such employee without regard to reduction thereof pursuant to\\nany agreement authorized by this section.\\n 4. Payments for custodial accounts or tax deferred annuities shall be\\nmade by the comptroller to the designated custodian or custodians of\\nsuch accounts or the issuers of such annuities out of moneys otherwise\\navailable in accordance with law for salaries of the employees who have\\nentered into agreements pursuant to this section.\\n 5. Nothing contained in this section shall be construed to diminish or\\nimpair any benefits to which such employee or his legal representatives\\nor beneficiaries would be otherwise entitled had such salary reduction\\nagreement not been entered into in accordance with the provisions of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "140", "title" : "Historical documentary heritage grants and aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-05-03" ], "docLevelId" : "140", "activeDate" : "2014-09-22", "sequenceNo" : 38, "repealedDate" : null, "fromSection" : "140", "toSection" : "140", "text" : " § 140. Historical documentary heritage grants and aid. 1. Short title.\\nThis section shall be known and may be cited as the \"New York\\ndocumentary heritage act\".\\n 2. Definitions. As used in this section, the following terms shall\\nmean:\\n a. \"Historical records\". Records that contain significant information\\nthat is of enduring value and are therefore worthy of long-term\\nretention and systematic management. Historical records may include\\ndiaries, journals, ledgers, minutes, reports, photographs, maps,\\ndrawings, blueprints, agreements, memoranda, deeds, case files, and\\nother material. They may take any of several physical forms: parchment,\\npaper, microfilm, cassette tape, film, videotape, computer tapes, discs,\\nand other \"machine readable\" formats.\\n b. \"Historical records program\". Any deliberate, organized program to\\ncollect, hold, care for, and make available historical records,\\nincluding identifying, appraising, arranging, describing, and\\nreferencing them and using them in exhibitions and other public and\\neducational programs.\\n c. \"Institutions eligible for historical records program grants\".\\nChartered or incorporated nonprofit archives, libraries, historical\\nsocieties and museums and other nonprofit institutions in New York state\\nwhich operate historical records programs and which meet standards to be\\nestablished by the commissioner pursuant to regulations adopted for such\\npurposes. Institutions operated by state or federal government agencies,\\nand local government archives shall not be eligible for historical\\nrecords project grants, except that an institution of the state\\nuniversity of New York or the city university of New York may apply for\\nhistorical records project grants with regard to records other than\\ninternal records generated by the institution after July first, nineteen\\nhundred forty-eight if it is a component of the state university of New\\nYork or after July first, nineteen hundred seventy-nine if it is a\\ncomponent of the city university of New York or after the subsequent\\ndate on which the institution became a component of such university.\\n d. \"Historical records program project\". A project to carry out one or\\nmore of the activities described in subdivision three of this section.\\n e. \"Cooperative project\". A collaborative effort undertaken by two or\\nmore historical records programs, to meet shared needs or to accomplish\\na common purpose, or a project undertaken by a service provider to\\naddress the historical records needs of more than one historical records\\nprogram.\\n f. \"Regional advisory and assistance agency\". A reference and research\\nlibrary resources system, or an alternate public or nonprofit agency or\\norganization willing to provide historical records program development\\nadvice and assistance services covering a reference and research library\\nresources system region which is acceptable to the commissioner.\\n g. \"Historical records program development advice and assistance\".\\nAdvice and assistance on the development and strengthening of historical\\nrecords programs, promotion of cooperation, coordinated documentation\\nplanning, training in historical records management techniques, advice\\nand assistance in reporting of information concerning historical records\\nto statewide and national data bases where appropriate, and initiatives\\nto increase public awareness of the values and uses of historical\\nrecords.\\n h. \"Service provider\". A nonprofit professional or other association,\\nlocal government, college or university, historical service agency, or\\nother nonprofit institution or system which provides services to\\nhistorical records programs.\\n i. \"Cost sharing\". Local funds, local in-kind services, and other\\nfunds and support from other than state sources.\\n j. \"Program year\". The annual period from July first through June\\nthirtieth.\\n 3. Scope of activities to be supported. The commissioner is authorized\\nto provide grants and advice to institutions eligible for historical\\nrecords programs and cooperative projects, and aid to regional advisory\\nand assistance agencies, the central administration of the state\\nuniversity of New York and the central administration of the city\\nuniversity of New York. Grants shall be used to support the development\\nand administration of historical records programs; the surveying,\\nappraisal, identification, collection, duplication, arrangement,\\ndescription, and making available of historical records; public and\\neducational programming relating to historical records; projects to\\nimprove archival techniques; and projects to promote the research use of\\nhistorical records. Aid to regional advisory and assistance agencies\\nshall be used to promote and assist the development of historical\\nrecords programs. Aid to the central administrations of the state\\nuniversity of New York and the city university of New York shall be used\\nto develop guidelines, policies and procedures, training, technical\\nassistance, materials, oversight, retention and disposition schedules\\nfor university records, and to promote, guide and direct the component\\ninstitutions of such universities in the sound administration of\\narchival records.\\n 4. Distribution of funds. a. Historical documentary heritage funds\\nshall be distributed as follows: (1) Grants. (i) individual historical\\nrecords program projects shall be eligible for at least thirty-five\\npercent of the amount available;\\n (ii) cooperative projects shall be eligible for up to twenty percent\\nof the amount available.\\n (2) Aid. (i) regional advisory and assistance agencies shall be\\neligible for forty percent of the amount available;\\n (ii) the central administration of the state university of New York\\nshall be eligible for two and one-half percent of the total amount\\navailable;\\n (iii) the central administration of the city university of New York\\nshall be eligible for two and one-half percent of the total amount\\navailable.\\n b. Notwithstanding the provisions of subparagraphs one and two of\\nparagraph a of this subdivision, the commissioner, taking into account\\nthe recommendations of the New York state historical records advisory\\nboard, may distribute funds designated for one purpose to address the\\nneeds of another purpose, provided that the commissioner determines that\\nthe significance of the contributions to be realized from the proposals\\nin one category outweighs the significance of the contributions to be\\nrealized from the proposals in another category.\\n 5. Cost-sharing. The commissioner shall determine the amount of\\ncost-sharing required from historical records programs, including\\ncooperative programs. For individual historical records program projects\\ninvolving arrangement, description, and other work relating directly to\\nthe administration of historical records held by a program, the amount\\nof such cost-sharing shall be at least fifty percent.\\n 6. Applications for historical records program projects. a. Filing. By\\ndates determined by the commissioner each year, an eligible institution\\nmay file an application, in a form prescribed by the commissioner, for a\\ngrant to support the approved costs of a proposed historical records\\nproject.\\n b. Content. Such application shall include, but need not be limited\\nto:\\n (1) a statement describing the applicant's need for the funding\\nrequested;\\n (2) collection statements and policies used by the institution to\\nguide its acquisition efforts;\\n (3) a summary description of the records included in the historical\\nrecords program of the institution;\\n (4) the status of finding aids and published guides for the historical\\nrecords held by the institution;\\n (5) the current and/or anticipated level of use and audience for the\\nhistorical records;\\n (6) the importance of the historical records for documenting life in\\nNew York;\\n (7) the expected impact of the grant upon the historical records\\nprogram;\\n (8) the plan of work for the activities for which the funding is\\nsought;\\n (9) the proposed project budget, including cost-sharing which would be\\ncommitted to the project; and\\n (10) the staff and other resources devoted to the institution's\\nhistorical records program on an ongoing basis.\\n c. Approval. In approving any application pursuant to this\\nsubdivision, the commissioner shall consider:\\n (1) information in the proposal as set forth in paragraph b of this\\nsubdivision;\\n (2) the capacity of the institution to make the historical records\\nknown and accessible for research, education, public programs, improved\\npolicy making and other public benefits;\\n (3) the potential for improving the documentation of the heritage of\\nany racial and ethnic group; and\\n (4) the potential for improving the documentation of under documented\\nsubjects, institutions, or activities.\\n 7. Application for cooperative projects. a. Filing. By dates to be\\nestablished by the commissioner each year, a service provider or an\\neligible institution acting as fiscal agent on behalf of a group of\\neligible institutions, may file an application, in a form prescribed by\\nthe commissioner. A group of cooperating institutions may be formed\\nbecause of a common purpose, rather than because of geographical\\nproximity.\\n b. Content. Such application shall include, but need not be limited\\nto:\\n (1) a statement describing the applicant's need for the funding\\nrequested;\\n (2) a description of the issue, problem, or need that the project will\\naddress;\\n (3) a description of the historical records programs to be served and\\nhow the effort to be undertaken in a cooperative project relates to and\\nwill strengthen these programs; (4) description of the plan of work for\\nthe project;\\n (5) outcome or product of the project and how it will improve the\\nidentification and administration of historical records or contribute to\\nthe strengthening of historical records programs; and\\n (6) the proposed budget, including cost-sharing that would be\\ncontributed to the project.\\n c. Approval. In approving any application pursuant to this\\nsubdivision, the commissioner shall consider:\\n (1) information in the proposal as set forth in paragraph b of this\\nsubdivision;\\n (2) the importance of the records involved for the documentation of\\nlife in New York state;\\n (3) the importance of the project and the intended outcome or product\\nin terms of strengthening the programs of the cooperating institutions\\nand promoting improved historical records management;\\n (4) the capacities of the cooperating institutions or service\\nproviders for carrying out the project, including prior experience with\\ncooperative or service projects; and\\n (5) the potential for cooperating institutions to sustain an ongoing\\nproductive cooperative relationship as a result of the project.\\n 8. Aid for regional advisory and assistance agencies. a. Coordination.\\nThe commissioner shall establish statewide priorities for regional\\nadvisory and assistance agencies and shall assist and coordinate their\\nefforts.\\n b. Historical records program advice and assistance plans. To be\\neligible to receive aid annually, each participating regional advisory\\nand assistance agency shall submit an annual workplan acceptable to the\\ncommissioner, and, after the first year of receiving aid, a report on\\nactivities of the prior year and a five-year plan, by dates designated\\nby the commissioner. The five-year plan shall outline goals and\\nobjectives to be accomplished in the region during the five-year period.\\nThe annual workplan shall describe the activities to be carried out\\nduring the year and the program advice and assistance to be provided.\\nThe five-year plans and the annual workplans shall reflect regional\\npriorities and shall be consistent with statewide priorities established\\nby the commissioner.\\n c. Aid. The commissioner shall each year determine the distribution of\\naid among eligible regional advisory and assistance agencies. In doing\\nso, he shall take into account the level of resources needed to provide\\nthe services described in paragraphs f and g of subdivision two of this\\nsection in a satisfactory manner, the extent of the geographical area\\nserved by each agency, and the size of the population served by each\\nagency, and shall distribute the available funds in such a manner as\\nwill best give effect to this section.\\n 9. Aid for state university of New York and city university of New\\nYork. To be eligible to receive aid annually, the central\\nadministration of the state university of New York and the central\\nadministration of the city university of New York shall each submit an\\nannual workplan acceptable to the commissioner, and, after the first\\nyear of receiving aid, a report on activities of the prior year and a\\nfive-year plan.\\n 11. Regulations. The commissioner shall adopt regulations to implement\\nthe provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A3P4", "title" : "Scientific and Historic Places", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 39, "repealedDate" : null, "fromSection" : "174", "toSection" : "174", "text" : " PART IV\\n SCIENTIFIC AND HISTORIC PLACES\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "174", "title" : "Powers formerly exercised by the state board of geographic names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "174", "activeDate" : "2014-09-22", "sequenceNo" : 40, "repealedDate" : null, "fromSection" : "174", "toSection" : "174", "text" : " § 174. Powers formerly exercised by the state board of geographic\\nnames. The regents, or such bureau, division or officers of the\\nuniversity or of the education department as may be designated by them\\nfor such purpose, shall 1. Determine and establish the correct\\nhistorical and etymological form of the place names in this state and\\nrecommend the adoption of such correct forms for public use.\\n 2. Determine the form and propriety of new place names proposed for\\ngeneral use, and no corporation, individual or community shall introduce\\nsuch new place names without the consent and approval of this board.\\n 3. Co-operate with the United States board of geographic names and\\nwith the United States post-office department in establishing a proper,\\ncorrect and historically accurate form for all place names proposed as\\ndesignations of new post-offices.\\n 4. No petition or recommendation for the naming of any mountain, lake,\\nriver or other natural object for or in honor of any living person shall\\nbe granted, approved or consented to by the regents of the university or\\nby the committee on geographic names appointed by it except by unanimous\\nvote.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A3P5", "title" : "Education Department Optional Retirement Program", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 41, "repealedDate" : null, "fromSection" : "180", "toSection" : "187", "text" : " PART V\\n EDUCATION DEPARTMENT OPTIONAL RETIREMENT PROGRAM\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "180", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "180", "activeDate" : "2014-09-22", "sequenceNo" : 42, "repealedDate" : null, "fromSection" : "180", "toSection" : "180", "text" : " § 180. Definitions. Wherever used in this part V of this article:\\n 1. The term \"eligible employee\" means each employee of the education\\ndepartment who occupies a position which is designated by the\\ncommissioner as requiring the rendering of professional services within\\nthe field of supervision of higher education, and who, at the time of\\nhis initial employment with the department or within one year prior\\nthereto, owns or owned a contract which may legally be continued\\npursuant to this part. An eligible employee who has elected to be\\ncovered by the education department optional retirement program shall\\nnot be deemed ineligible by virtue of a subsequent assignment within the\\neducation department to a sphere of responsibility outside of the field\\nof supervision of higher education. No person receiving a retirement\\nbenefit from any retirement or pension system of New York state or any\\npolitical subdivision thereof shall be eligible to elect the education\\ndepartment optional retirement program.\\n 2. The term \"education department optional retirement program\" means\\nthe retirement program established pursuant to part V of this article.\\n 3. The term \"electing employee\" means any eligible employee who\\nexercises his election pursuant to this part V of this article to\\nparticipate in the education department optional retirement program.\\n 4. The term \"state salary\" means all amounts paid by or for the state\\nas compensation for services rendered by an eligible employee.\\n 5. The term \"insurer\" means a life insurance corporation, or other\\ncorporation, subject to department of financial services supervision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "181", "title" : "Education department optional retirement program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "181", "activeDate" : "2014-09-22", "sequenceNo" : 43, "repealedDate" : null, "fromSection" : "181", "toSection" : "181", "text" : " § 181. Education department optional retirement program established.\\n1. There is hereby established an education department optional\\nretirement program which shall provide for the continuation of contracts\\nproviding retirement and death benefits for or on behalf of electing\\nemployees. Under such program the state and such employees shall\\ncontribute, to the extent authorized or required, towards the\\ncontinuation of such contracts, which shall have been issued to and\\nshall have previously become the property of such employees.\\n 2. The commissioner shall, in his discretion, designate the insurer or\\ninsurers to which payment of such contributions under this article may\\nbe made and shall approve the form and content of such contracts. In\\nmaking such designation and giving such approval the commissioner shall\\ngive due consideration to (i) the nature and extent of the rights and\\nbenefits to be provided by such contracts for electing employees and\\ntheir beneficiaries, (ii) the relation of such rights and benefits to\\nthe amount of contributions to be made under this part V of this\\narticle, (iii) the suitability of such rights and benefits to the needs\\nand interests of electing employees and to the interests of the\\ndepartment in the employment and retention of eligible employees, and\\n(iv) the authority and ability of the designated insurer or insurers to\\nprovide rights and benefits under such contracts.\\n 3. The commissioner is hereby authorized to provide for the\\nadministration of such education department optional retirement program\\nand to perform or authorize the performance of such functions as may be\\nnecessary for such purposes in accordance with this part V of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "182", "title" : "Rates of contribution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-05-29" ], "docLevelId" : "182", "activeDate" : "2014-09-22", "sequenceNo" : 44, "repealedDate" : null, "fromSection" : "182", "toSection" : "182", "text" : " § 182. Rates of contribution. 1. Employer contributions. In the case\\nof any electing employee initially appointed on or before June\\nthirtieth, nineteen hundred ninety-two, the state shall, during\\ncontinuance of his employment, make contributions at the rate of nine\\npercentum of that portion of his state salary upon which contributions\\nare or may hereafter be paid to the secretary of the treasury of the\\nUnited States pursuant to article three of the retirement and social\\nsecurity law and at the rate of twelve percentum of that portion of his\\nstate salary above said amount, out of moneys which shall be\\nappropriated to the department for such purpose. In the case of any\\nelecting employee initially appointed on or after July first, nineteen\\nhundred ninety-two, the state shall, during continuance of his\\nemployment, make contributions at the rate of eight percentum of his\\nstate salary during the first seven years of such employment and at the\\nrate of ten percentum of his state salary, thereafter, out of moneys\\nwhich shall be appropriated to the department for such purpose. For\\npurposes of this subdivision, that portion of the employee's salary upon\\nwhich contributions are paid to the secretary of the treasury of the\\nUnited States pursuant to article three of the retirement and social\\nsecurity law shall not exceed sixteen thousand five hundred dollars.\\n 2. Employee contributions. In the case of any electing employee,\\ncontributions at the rate of three per centum of his state salary shall\\nbe deducted by the state comptroller as the employee contribution,\\nprovided however, that such employee contribution shall be made by the\\nstate in accordance with subdivision one of this section during such\\nperiod as (a) either section seventy-a of the retirement and social\\nsecurity law or section five hundred twenty-eight of this title provides\\nthat the contribution of each member of the New York state employees'\\nretirement system or the New York state teachers' retirement system in\\nthe employ of the state shall be reduced by at least eight per centum of\\nhis compensation, or (b) employee contributions to either such system\\nare no longer required by reason of such system becoming noncontributory\\nfor state employees.\\n Notwithstanding any other law to the contrary, beginning April first,\\ntwo thousand thirteen any electing employee appointed on or after April\\nfirst, two thousand twelve, the rate at which each such employee shall\\ncontribute in any current plan year (January first to December\\nthirty-first) shall be determined by reference to the wages of such\\nmember in the second plan year (January first to December thirty-first)\\npreceding such current plan year as follows:\\n (a) members with wages of forty-five thousand dollars per annum or\\nless shall contribute three per centum of annual wages;\\n (b) members with wages greater than forty-five thousand per annum, but\\nnot more than fifty-five thousand per annum shall contribute three and\\none-half per centum of annual wages;\\n (c) members with wages greater than fifty-five thousand per annum, but\\nnot more than seventy-five thousand per annum shall contribute four and\\none-half per centum of annual wages;\\n (d) members with wages greater than seventy-five thousand per annum\\nbut not more than one hundred thousand per annum shall contribute five\\nand three-quarters per centum of annual wages; and\\n (e) members with wages greater than one hundred thousand per annum\\nshall contribute six per centum of annual wages.\\n Notwithstanding the foregoing, during each of the first three plan\\nyears (January first to December thirty-first) in which such member has\\nestablished membership in the Education Department Optional Retirement\\nProgram, such employee shall contribute a percent of annual wages in\\naccordance with the preceding schedule based upon a projection of annual\\nwages provided by the employer.\\n 3. Payment of contributions pursuant to subdivisions one and two of\\nthis section shall be made to the designated insurer or insurers upon\\naudit and warrant of the state comptroller.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "183", "title" : "Election", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "183", "activeDate" : "2014-09-22", "sequenceNo" : 45, "repealedDate" : null, "fromSection" : "183", "toSection" : "183", "text" : " § 183. Election. 1. Election of the education department optional\\nretirement program. (a) Each eligible employee initially appointed on or\\nafter July first, nineteen hundred sixty-eight, shall, within thirty\\ndays of his entry into service, elect (i) to join either the New York\\nstate teachers' retirement system or the New York state employees'\\nretirement system in accordance with the provisions of law applicable\\nthereto or (ii) to elect the education department optional retirement\\nprogram established pursuant to this part V of this article. Each\\neligible employee employed by the department prior to July first,\\nnineteen hundred sixty-eight shall make such election on or before\\nDecember fourth, nineteen hundred sixty-eight. Any such election shall\\nbe effective as of the date of entry into service with the department,\\nexcept that with respect to those eligible employees possessing\\ncontracts which may legally be continued under this part and who\\ninitially entered into service with the department prior to the\\neffective date of this part, the deferred election shall be effective as\\nof the effective date of this part.\\n (b) In the event an eligible employee fails to make an election as\\nprovided in paragraph (a) of this subdivision, he shall be deemed to\\nhave elected membership in the New York state teachers' retirement\\nsystem. Such membership shall be effective as of the date of entry into\\nservice with the department.\\n (c) The amount, if any, required to be contributed by any employee in\\naccordance with an election, a deferred election or a failure to elect\\npursuant to paragraph (a) or paragraph (b) of this subdivision shall be\\ncollected by payroll deductions in such manner as may be provided by the\\nstate comptroller for those persons electing the education department\\noptional retirement program, or in the case of membership in either the\\nNew York state employees' retirement system or the New York state\\nteachers' retirement system, by such retirement system. Nothing herein\\ncontained shall be construed to authorize or require payment by the\\nstate of contributions on account of services rendered prior to the\\neffective date of this part by eligible employees who at the time of\\ntheir employment with the department chose to continue, on a voluntary\\nbasis, coverage similar to that conferred by this part, but shall be\\nconstrued to authorize continuation of such contracts after the\\neffective date of this part, subject to rules and regulations to be\\nestablished by the commissioner.\\n 2. Ineligibility for retirement system membership. Any employee who\\nelects the education department optional retirement program shall be\\nineligible for membership in either the New York state employees'\\nretirement system or the New York state teachers' retirement system so\\nlong as he shall remain employed in the department and shall continue in\\nthe education department optional retirement program.\\n 3. (a) Any eligible employee who is a member of either the New York\\nstate employees' retirement system or the New York state teachers'\\nretirement system at the time he elects the optional retirement program\\nestablished pursuant to this part shall be deemed to be a person who\\ndiscontinues service on the effective date of such election, for the\\npurpose of determining his eligibility for rights and benefits in either\\nsuch system; provided, however, that if he does not withdraw his\\naccumulated contributions (i) his continued service with the education\\ndepartment while under the optional retirement program shall be deemed\\nto be member service in either the New York state employees' retirement\\nsystem or the New York state teachers' retirement system for the purpose\\nof determining his eligibility for any vested retirement allowance,\\nretirement allowance or ordinary death benefit under either such system\\ndependent upon a specified period of total service or upon attainment of\\na specified age while in service or upon death while in service and (ii)\\nthe amount of any such benefit to which he or his estate or person\\ndesignated by him may become entitled under either such system shall be\\ncomputed only on the basis of service otherwise creditable to him\\ntherein and his compensation during such service.\\n (b) Electing employees and their beneficiaries shall not be entitled\\nto any right or benefit under either the New York state employees'\\nretirement system or the New York state teachers' retirement system\\nother than a vested retirement allowance, retirement allowance or\\nordinary death benefit to the extent expressly provided for in this\\nsection.\\n 4. (a) Subdivision two of this section shall not apply to any eligible\\nemployee who has elected the education department optional retirement\\nprogram and after June thirtieth, two thousand two, renders service\\nwhich is creditable in the New York state teachers' retirement system,\\nother than service for which a contribution is made to the education\\ndepartment optional retirement program.\\n (b) Subdivision three of this section shall not apply to any member of\\nthe New York state teachers' retirement system who, after joining such\\nsystem, elects the education department optional retirement program.\\n (c) Anything in subdivision three of this section notwithstanding, any\\neligible employee who is a member of the New York state teachers'\\nretirement system and had elected the education department optional\\nretirement program prior to July first, two thousand two, may obtain\\ncredit for service, other than service for which a contribution is made\\nto the education department optional retirement program, which is\\ncreditable in such system, was rendered after such member had elected\\nthe education department optional retirement program, and was rendered\\nbetween December first, nineteen hundred ninety-one and June thirtieth,\\ntwo thousand two, provided (i) such member has rendered at least five\\nyears of service credited with the New York state teachers' retirement\\nsystem at the time such service is credited, and (ii) in the case of\\nsuch member subject to the provisions of article fourteen or fifteen of\\nthe retirement and social security law, the member contributes three\\npercent of the wages earned for such service together with interest at\\nthe rate of five percent per annum compounded annually from the date of\\nsuch service until payment is made.\\n (d) Anything in this subdivision four notwithstanding, service as an\\neligible employee for which a contribution is made to the education\\ndepartment optional retirement program shall neither entitle any\\neligible employee to join or rejoin the New York state teachers'\\nretirement system nor be creditable in such system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "184", "title" : "Survivor's benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "184", "activeDate" : "2014-09-22", "sequenceNo" : 46, "repealedDate" : null, "fromSection" : "184", "toSection" : "184", "text" : " § 184. Survivor's benefits. In the case of the death of any electing\\nemployee after the effective date of his election and before retirement,\\nthe value of the death benefits provided by the contract or contracts\\ncontinued under the education department optional retirement program\\nwhich is attributable to the state's contribution as determined by the\\ncommissioner, shall be deemed to be an ordinary death benefit provided\\nunder a public pension plan within the meaning of section one hundred\\nfifty-four of the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "185", "title" : "Social security", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "185", "activeDate" : "2014-09-22", "sequenceNo" : 47, "repealedDate" : null, "fromSection" : "185", "toSection" : "185", "text" : " § 185. Social security. Every electing employee shall have old-age,\\nsurvivors, and disability insurance coverage provided by the federal\\nsocial security act in accordance with the provisions of article three\\nof the retirement and social security law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "186", "title" : "State not liable for payment of benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "186", "activeDate" : "2014-09-22", "sequenceNo" : 48, "repealedDate" : null, "fromSection" : "186", "toSection" : "186", "text" : " § 186. State not liable for payment of benefits. Neither the state\\nnor the department shall be a party to any contract continued in whole\\nor in part with contributions made under the education department\\noptional retirement program established and administered pursuant to\\nthis part V of this article. No retirement, death or other benefits\\nshall be payable by the state or by the department under such education\\ndepartment optional retirement program, except as otherwise provided in\\nsection 184. Such benefits shall be paid to electing employees or their\\nbeneficiaries by the designated insurer or insurers in accordance with\\nthe terms of their contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "187", "title" : "Inconsistent provisions of other acts superseded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "187", "activeDate" : "2014-09-22", "sequenceNo" : 49, "repealedDate" : null, "fromSection" : "187", "toSection" : "187", "text" : " § 187. Inconsistent provisions of other acts superseded. Insofar as\\nthe provisions of this part V of this article are inconsistent with the\\nprovisions of any other act, general or special, the provisions of this\\narticle shall be controlling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A5", "title" : "University of the State of New York", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-08-21", "2016-08-19", "2017-08-18", "2021-10-15", "2021-11-12", "2022-03-25", "2024-09-13" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 50, "repealedDate" : null, "fromSection" : "201", "toSection" : "292", "text" : " ARTICLE 5\\n UNIVERSITY OF THE STATE OF NEW YORK\\n PART I\\n GENERAL ORGANIZATION\\nSection 201. Corporate name and objects.\\n 202. Regents.\\n 203. Officers.\\n 204. Meetings and absences.\\n 205. Quorum.\\n 206. Authority to take testimony and conduct hearings.\\n 207. Legislative power.\\n 207-a. Disclosure of gifts made to institutions of higher\\n education by foreign governments, persons and\\n entities.\\n 208. General examinations, credentials and degrees.\\n 208-a. Scheduling of examinations.\\n 209. Academic examinations; admission and fees.\\n 209-a. Applications for admission to college.\\n 210. Registrations.\\n 211. Review of regents learning standards.\\n 211-a. Enhanced state accountability system.\\n 211-b. Consequences for consistent lack of improvement in\\n academic performance.\\n 211-c. Distinguished educators.\\n 211-d. Contract for excellence.\\n 211-e. Educational partnership organizations.\\n 212. Fees.\\n 212-a. Return of deposits for professional and graduate\\n schools.\\n 212-b. Return of tuition for colleges, universities,\\n professional, proprietary and graduate schools.\\n 212-c. Teacher accreditation review fees.\\n 213. Extension of educational facilities.\\n 213-b. Unlawful sale of dissertations, theses and term papers.\\n 214. Institutions in the university.\\n 215. Visitation and reports.\\n 215-a. Annual report by regents to governor and legislature.\\n 215-b. Annual report by commissioner to governor and\\n legislature.\\n 215-c. Promoting cost-effectiveness in public elementary and\\n secondary schools.\\n 215-d. State university of New York report on economic\\n development activities.\\n 216. Charters.\\n 216-a. Applicability of not-for-profit corporation law.\\n 216-b. Private foundations, as defined in the United States\\n internal revenue code of 1954: provisions included in\\n the charter.\\n 216-c. Special provisions for cutlery and knife museums that\\n exhibit automatic knives.\\n 217. Provisional charters.\\n 218. Conditions of incorporation.\\n 219. Change of name or charter.\\n 220. Distribution of assets.\\n 221. Dissolution of educational institution by stockholders.\\n 222. Suspension of operations.\\n 223. Consolidation of corporations.\\n 224. Prohibitions.\\n 224-a. Students unable because of religious beliefs to register\\n or attend classes on certain days.\\n 225. Unlawful acts in respect to examinations and records.\\n 226. Powers of trustees of institutions.\\n 227. Colleges may construct water-works and sewer systems.\\n 228. The Hamilton college sewer district.\\n 229. County educational institutions.\\n 230. Municipal training institute.\\n 231. Town and county officers training school.\\n 232. Departments and their government.\\n 233. State Museum; collections made by the staff.\\n 233-a. Property of the state museum.\\n 233-aa. Property of other museums.\\n 233-b. New York state freedom trail commission.\\n 233-c. Study.\\n 234. Indian collection.\\n 235. State science service.\\n 235-a. New York state biodiversity research institute.\\n 235-b. New York state biological survey.\\n 236. Public television and radio.\\n 237. Regents plan for higher education including approved\\n plans of state university and city university of New\\n York and plans of independent institutions of higher\\n education.\\n 238. Chair on geriatrics in the state university.\\n 238-a. Statewide resource centers for geriatric education.\\n 239. Albert Einstein chairs in science and Albert Schweitzer\\n chairs in the humanities.\\n 239-a. Collection and distribution of student's residual\\n consumer goods.\\n PART 1-A\\n CODY CENTER FOR AUTISM AND DEVELOPMENTAL DISABILITIES\\nSection 240. The Stony Brook university Cody center for autism and\\n developmental disabilities at Stony Brook university.\\n 241. Purposes of the Cody center.\\n 242. Site.\\n 243. Funding and reporting.\\n PART II\\n LIBRARIES\\n 245. State library, how constituted.\\n 246. State medical library.\\n 247. State law library; legislative reference library.\\n 248. Manuscript and records \"on file\".\\n 249. State library, when open; use of books.\\n 249-a. Libraries of public institutions of higher education;\\n access and use.\\n 250. Duplicate department.\\n 251. Transfers from state officers.\\n 252. Other libraries owned by the state.\\n 253. Public and association libraries and museums.\\n 254. Standards of library service.\\n 255. Establishment of a public library.\\n 256. Contracts.\\n 257. Acceptance of conditional gift.\\n 258. Closing of museum; admission fee during certain hours.\\n 258-a. Purchases by museums, historical societies, zoological\\n gardens, aquariums, botanical gardens and arboreta\\n through office of general services.\\n 259. Library taxes.\\n 260. Trustees.\\n 260-a. Meetings of board of trustees.\\n 260-b. Reduction of salaries for purchase of annuities.\\n 260-c. Reduction of salaries for tax-deferred annuities.\\n 261. Incorporation.\\n 262. Use of public and Indian libraries.\\n 263. Reports.\\n 264. Injuries to property.\\n 265. Detention.\\n 265-a. Defense of lawful detention.\\n 266. Transfer of libraries.\\n 267. Local neglect.\\n 268. Abolition.\\n 269. Library extension service.\\n 270. Acceptance of surplus library books or property.\\n 271. Apportionment of state aid to Indian libraries.\\n 272. Conditions under which library systems are entitled to\\n state aid.\\n 273. Apportionment of state aid to libraries and library\\n systems.\\n 273-a. State aid for library construction.\\n 274. Use and care of school library.\\n 275. Librarians of school libraries.\\n 276. Existing rules continued in force.\\n 277. Authority to raise and receive money for school library.\\n 278. Authority to transfer school library property to a free\\n library.\\n 279. Fees.\\n 280. Penalty for disobedience to library law, rules or\\n orders.\\n 281. Loans and extensions of credit to infants.\\n 282. Establishment of school library systems.\\n 283. Functions of school library systems.\\n 284. State aid for school library systems.\\n 285. State aid for cooperation with correctional facilities.\\n PART III\\n FEDERAL FUNDS FOR VOCATIONAL EDUCATION\\n 290. Acceptance of law of the United States.\\n 291. Custodian of funds.\\n 292. Board of regents to co-operate with federal board.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A5P1", "title" : "General Organization", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 51, "repealedDate" : null, "fromSection" : "201", "toSection" : "239-A", "text" : " PART I\\n GENERAL ORGANIZATION\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "201", "title" : "Corporate name and objects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "201", "activeDate" : "2014-09-22", "sequenceNo" : 52, "repealedDate" : null, "fromSection" : "201", "toSection" : "201", "text" : " § 201. Corporate name and objects. The corporation created in the year\\nseventeen hundred eighty-four under the name of The Regents of the\\nUniversity of the State of New York, is hereby continued under the name\\nof The University of the State of New York. Its objects shall be to\\nencourage and promote education, to visit and inspect its several\\ninstitutions and departments, to distribute to or expand or administer\\nfor them such property and funds as the state may appropriate therefor\\nor as the university may own or hold in trust or otherwise, and to\\nperform such other duties as may be intrusted to it. The said\\ncorporation shall have power to take, hold and administer real and\\npersonal property and the income thereof in trust for any educational,\\nscientific, historical or other purpose within the jurisdiction of the\\nregents of The University of the State of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "202", "title" : "Regents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "202", "activeDate" : "2014-09-22", "sequenceNo" : 53, "repealedDate" : null, "fromSection" : "202", "toSection" : "202", "text" : " § 202. Regents. 1. The University of the State of New York shall be\\ngoverned and all its corporate powers exercised by a board of regents\\nthe number of whose members shall at all times be four more than the\\nnumber of the then existing judicial districts of the state and shall\\nnot be less than fifteen. The regents in office April first, nineteen\\nhundred seventy-four shall hold office, in the order of their election,\\nfor such times that the term of one such regent will expire in each year\\non the first day of April. Commencing April first, nineteen hundred\\nseventy-four, each regent shall be elected for a term of seven years,\\neach such term to expire on the first day of April. Commencing on April\\nfirst, nineteen hundred ninety-four, each regent shall be elected for a\\nterm of five years, each such term to expire on the first day of April.\\nEach regent shall be elected by the legislature by concurrent resolution\\nin the preceding March, on or before the first Tuesday of such month.\\nIf, however, the legislature fails to agree on such concurrent\\nresolution by the first Tuesday of such month, then the two houses shall\\nmeet in joint session at noon on the second Tuesday of such month and\\nproceed to elect such regent by joint ballot.\\n 2. All vacancies in such office, either for full or unexpired terms,\\nshall be so filled that there shall always be in the membership of the\\nboard of regents at least one resident of each of the judicial\\ndistricts. A vacancy in the office of regent for other cause than\\nexpiration of term of service shall be filled for the unexpired term by\\nan election at the session of the legislature immediately following such\\nvacancy in the manner prescribed in the preceding paragraph, unless the\\nlegislature is in session when such vacancy occurs, in which case the\\nvacancy shall be filled by such legislature in the manner prescribed in\\nthe preceding paragraph, except as hereinafter provided. However, if\\nsuch vacancy occurs after the second Tuesday in March and before a\\nresolution to adjourn sine die has been adopted by either house, then\\nthe vacancy shall be filled by concurrent resolution, unless the\\nlegislature fails to agree on such concurrent resolution within three\\nlegislative days after its passage by one house, in which case the two\\nhouses shall meet in joint session at noon on the next legislative day\\nand proceed to elect such regent by joint ballots; provided, however,\\nthat if the vacancy occur after the adoption by either house of a\\nresolution to adjourn sine die, then the vacancy shall be filled at the\\nnext session of the legislature in the manner prescribed in the\\npreceding paragraph.\\n 3. There shall be no \"ex-officio\" members of the board of regents.\\n 4. No person shall be at the same time a regent of the university and\\na trustee, president, principal or any other officer of an institution\\nbelonging to the university.\\n 5. (a) Every regent, on and after December fifteenth and before the\\nfollowing January fifteenth, in each year, shall file with the secretary\\nof the senate and with the clerk of the assembly a written statement of\\n (1) each financial interest, direct or indirect of himself or herself,\\nhis or her spouse and his or her unemancipated children under the age of\\neighteen years in any activity which is subject to the jurisdiction of\\nthe education department or name of the entity in which the interest is\\nhad and whether such interest is over or under five thousand dollars in\\nvalue.\\n (2) every office and directorship held by him or her in any\\ncorporation, firm or enterprise which is subject to the jurisdiction of\\nthe education department or which does business with an institution\\nwhich is subject to the jurisdiction of the education department,\\nincluding the name of such corporation, firm or enterprise.\\n (3) any other interest or relationship which he or she determines in\\nhis or her discretion might reasonably be expected to be in the public\\ninterest and should be disclosed.\\n (b) On or before January thirty-first in each year the secretary of\\nthe senate and the clerk of the assembly shall jointly prepare a report\\ncontaining the statements required to be filed pursuant to paragraph (a)\\nof this subdivision. Copies of such report shall be open to public\\ninspection in the office of the secretary of the senate and the clerk of\\nthe assembly. The senate and assembly may jointly adopt rules to\\nimplement the provisions of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "203", "title" : "Officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "203", "activeDate" : "2014-09-22", "sequenceNo" : 54, "repealedDate" : null, "fromSection" : "203", "toSection" : "203", "text" : " § 203. Officers. The elective officers of the university shall be a\\nchancellor and a vice-chancellor who shall serve without salary, and\\nsuch other officers as are deemed necessary by the regents, all of whom\\nshall be chosen by ballot by the regents and shall hold office during\\ntheir pleasure; but no election, removal or change of salary of an\\nelective officer shall be made by less than six votes in favor thereof.\\nEach regent and each elective officer shall, before entering on his\\nduties, take and file with the secretary of state the oath of office\\nrequired of state officers.\\n The chancellor shall preside at all convocations and at all meetings\\nof the regents, and confer all degrees which they shall authorize. In\\nhis absence or inability to act, the vice-chancellor, or if he be also\\nabsent, the senior regent present, shall perform all the duties and have\\nall the powers of the chancellor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "204", "title" : "Meetings and absences", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-09-16", "2016-12-09", "2017-08-18" ], "docLevelId" : "204", "activeDate" : "2014-09-22", "sequenceNo" : 55, "repealedDate" : null, "fromSection" : "204", "toSection" : "204", "text" : " § 204. Meetings and absences. The regents may provide for regular\\nmeetings, and the chancellor, or the commissioner of education, or any\\nfive regents, may at any time call a special meeting of the board of\\nregents and fix the time and place therefor; and at least ten days'\\nnotice of every meeting shall be mailed to the usual address of each\\nregent. If any regent shall fail to attend three consecutive meetings,\\nwithout excuse accepted as satisfactory by the regents, he may be deemed\\nto have resigned and the regents shall then report the vacancy to the\\nlegislature, which shall fill it.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "205", "title" : "Quorum", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "205", "activeDate" : "2014-09-22", "sequenceNo" : 56, "repealedDate" : null, "fromSection" : "205", "toSection" : "205", "text" : " § 205. Quorum. Seven regents attending shall be a quorum for the\\ntransaction of business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "206", "title" : "Authority to take testimony and conduct hearings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "206", "activeDate" : "2014-09-22", "sequenceNo" : 57, "repealedDate" : null, "fromSection" : "206", "toSection" : "206", "text" : " § 206. Authority to take testimony and conduct hearings. The regents,\\nany committee thereof, the commissioner of education, the deputy and any\\nassociate and assistant commissioner of education and the counsel of the\\ndepartment may take testimony or hear proofs relating to their official\\nduties, or in any matter which they may lawfully investigate. Hearings\\nby the regents pursuant to any of the provisions of this chapter may be\\ngiven by or before not less than three members of the regents designated\\nby the regents or by the chancellor of the university to hold such\\nhearings, but any decision or determination in such proceedings shall be\\nmade by the regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "207", "title" : "Legislative power", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "207", "activeDate" : "2014-09-22", "sequenceNo" : 58, "repealedDate" : null, "fromSection" : "207", "toSection" : "207", "text" : " § 207. Legislative power. Subject and in conformity to the\\nconstitution and laws of the state, the regents shall exercise\\nlegislative functions concerning the educational system of the state,\\ndetermine its educational policies, and, except, as to the judicial\\nfunctions of the commissioner of education, establish rules for carrying\\ninto effect the laws and policies of the state, relating to education,\\nand the functions, powers, duties and trusts conferred or charged upon\\nthe university and the education department. But no enactment of the\\nregents shall modify in any degree the freedom of the governing body of\\nany seminary for the training of priests or clergymen to determine and\\nregulate the entire course of religious, doctrinal or theological\\ninstruction to be given in such institution. No rule by which more than\\na majority vote shall be required for any specified action by the\\nregents shall be amended, suspended or repealed by a smaller vote than\\nthat required for action thereunder. Rules or regulations, or\\namendments or repeals thereof, adopted or prescribed by the commissioner\\nof education as provided by law shall not be effective unless and until\\napproved by the regents, except where authority is conferred by the\\nregents upon the commissioner of education to adopt, prescribe, amend or\\nrepeal such rules or regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "207-A", "title" : "Disclosure of gifts made to institutions of higher education by foreign governments, persons and entities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "207-A", "activeDate" : "2014-09-22", "sequenceNo" : 59, "repealedDate" : null, "fromSection" : "207-A", "toSection" : "207-A", "text" : " § 207-a. Disclosure of gifts made to institutions of higher education\\nby foreign governments, persons and entities. 1. As used in this\\nsection: a. The term \"foreign government\" shall mean any government\\nother than the United States government or the government of a state or\\na political subdivision thereof and shall include an agent of such\\ngovernment;\\n b. The term \"foreign legal entity\" shall mean (i) any legal entity\\ncreated under the laws of a foreign government or (ii) any legal entity\\ncreated under the laws of the United States or of any state hereof if a\\nmajority of the ownership of the stock of such legal entity is directly\\nor indirectly owned legally or beneficially by one or more foreign\\ngovernments or one or more foreign persons or one or more legal entities\\ncreated under the laws of a foreign government or if a majority of the\\nmembership of any such entity is composed of foreign persons or legal\\nentities created under the laws of a foreign government and shall\\ninclude an agent of such legal entity;\\n c. The term \"foreign person\" shall mean any individual who is not a\\ncitizen or national of the United States or a trust territory or\\nprotectorate thereof and shall include an agent of such individual; and\\n d. The term \"gift\" shall mean any endowment, gift, grant, contract,\\naward or property of any kind.\\n 2. Every institution authorized by the legislature or by the regents\\nof the university of the state of New York to confer academic degrees in\\nthis state shall disclose the amount, terms, restrictions and\\nrequirements attached to or made a part of any gift of a value in excess\\nof one hundred thousand dollars made to such institution by a foreign\\ngovernment, foreign legal entity or foreign person in any fiscal year of\\nthe institution. If the foreign government, foreign legal entity or\\nforeign person makes more than one gift to an institution in any fiscal\\nyear of such institution, and the total value of those gifts in such\\nfiscal year of the institution exceeds one hundred thousand dollars, the\\ninstitution shall report all of such gifts received.\\n 3. Such information shall be forwarded to the department no later than\\nthirty days after the final day of the fiscal year of the institution.\\nThe information shall include:\\n a. the amount and the date of the making of the gift;\\n b. when the gift is conditional, matching or designated for a\\nparticular purpose, full details of the conditions, matching provisions\\nor designation;\\n c. the name of the foreign government in the case of a gift by a\\nforeign government; the name of the foreign country in which a foreign\\nentity or foreign person is principally located or resides in the case\\nof a gift by a foreign entity or foreign person.\\n The name of the foreign entity shall be disclosed in the event of a\\ngift which (i) contains conditions or restrictions regarding the control\\nof curricula, employment or termination of faculty, admission of\\nstudents, student fees or (ii) is contingent upon the agreement of the\\ninstitution to take specific public positions or actions or to award\\nhonorary degrees; and\\n d. the purpose or purposes for which the gift will be used.\\n 4. Such information shall be a matter of public record and shall be\\nmade available by the department to the general public for review and\\ncopying during normal business hours.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "208", "title" : "General examinations, credentials and degrees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "208", "activeDate" : "2014-09-22", "sequenceNo" : 60, "repealedDate" : null, "fromSection" : "208", "toSection" : "208", "text" : " § 208. General examinations, credentials and degrees. The regents may\\nconfer by diploma under their seal such honorary degrees as they may\\ndeem proper, and may establish examinations as to attainments in\\nlearning, and may award and confer suitable certificates, diplomas and\\ndegrees on persons who satisfactorily meet the requirements prescribed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "208-A", "title" : "Scheduling of examinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "208-A", "activeDate" : "2014-09-22", "sequenceNo" : 61, "repealedDate" : null, "fromSection" : "208-A", "toSection" : "208-A", "text" : " § 208-a. Scheduling of examinations. The department shall make a bona\\nfide effort to schedule state mandated examinations on days other than\\ndays of religious observation. The commissioner may promulgate\\nregulations to implement this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "209", "title" : "Academic examinations; admission and fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209", "activeDate" : "2014-09-22", "sequenceNo" : 62, "repealedDate" : null, "fromSection" : "209", "toSection" : "209", "text" : " § 209. Academic examinations; admission and fees. The regents shall\\nestablish in the secondary institutions of the university, examinations\\nin studies furnishing a suitable standard of graduation therefrom and of\\nadmission to colleges, and certificates or diplomas shall be conferred\\nby the regents on students who satisfactorily pass such examinations.\\n Any person shall be admitted to these examinations who shall conform\\nto the rules and pay the fees prescribed by the regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "209-A", "title" : "Applications for admission to college", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "209-A", "activeDate" : "2014-09-22", "sequenceNo" : 63, "repealedDate" : null, "fromSection" : "209-A", "toSection" : "209-A", "text" : " § 209-a. Applications for admission to college. Notwithstanding any\\nother provision of this chapter to the contrary, no rule or regulation\\nshall be adopted by the school authorities, school officers or board of\\neducation of a school district which limits the number of requests for\\nthe processing of college applications that may be submitted by the\\npupils in a secondary school under their or its jurisdiction. Nothing\\ncontained in this section shall prohibit school authorities, school\\nofficers or boards of education from establishing rules of procedure for\\nthe submission of such requests.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "210", "title" : "Registrations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "210", "activeDate" : "2014-09-22", "sequenceNo" : 64, "repealedDate" : null, "fromSection" : "210", "toSection" : "210", "text" : " § 210. Registrations. The regents may register domestic and foreign\\ninstitutions in terms of New York standards, and fix the value of\\ndegrees, diplomas and certificates issued by institutions of other\\nstates or countries and presented for entrance to schools, colleges and\\nthe professions in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "211", "title" : "Review of regents learning standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211", "activeDate" : "2014-09-22", "sequenceNo" : 65, "repealedDate" : null, "fromSection" : "211", "toSection" : "211", "text" : " § 211. Review of regents learning standards. 1. The regents shall\\nperiodically review and evaluate the existing regents learning standards\\nto determine if they should be strengthened, modified or combined so as\\nto provide adequate opportunity for students to acquire the skills and\\nknowledge they need to succeed in employment or postsecondary education\\nand to function productively as civic participants upon graduation from\\nhigh school. Such review and evaluation shall be conducted upon a\\nschedule adopted by the regents, provided that a review and evaluation\\nof the English language arts standards shall be completed as soon as\\npossible, but no later than the end of the two thousand seven--two\\nthousand eight school year.\\n 2. In conducting such reviews, the regents shall seek the\\nrecommendations of teachers, school administrators, teacher educators\\nand others with educational expertise on improvements to the standards\\nso that they ensure that students are prepared, in appropriate\\nprogression, for post-secondary education or employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "211-A", "title" : "Enhanced state accountability system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211-A", "activeDate" : "2014-09-22", "sequenceNo" : 66, "repealedDate" : null, "fromSection" : "211-A", "toSection" : "211-A", "text" : " § 211-a. Enhanced state accountability system. To more fully implement\\nthe requirements of section one thousand one hundred eleven of the\\nelementary and secondary education act of nineteen hundred sixty-five,\\nas amended, and the federal regulations implementing such statute, the\\nregents shall develop and implement an enhanced state accountability\\nsystem that uses growth measures to the extent required by this section.\\n 1. By the start of the two thousand eight--two thousand nine school\\nyear, the regents shall establish, using existing state assessments, an\\ninterim, modified accountability system for schools and districts that\\nis based on a growth model, subject to approval of the United States\\ndepartment of education where required under federal law.\\n 2. The regents shall proceed with the development of an enhanced\\naccountability system, with revised or new state assessments, based on\\nan enhanced growth model that, to the extent feasible and consistent\\nwith federal law, includes a value-added assessment model that employs a\\nscale-score approach to measure growth of students at all levels. (a) If\\nthe regents establish that the assessment scaling and accountability\\nmethodology employed have been determined by external experts in\\neducational testing and measurement to be valid and reliable and in\\naccordance with established standards for educational and psychological\\ntesting, and (b) the approval of the United States department of\\neducation has been obtained where required by federal law, the enhanced\\ngrowth model shall be implemented no later than the start of the two\\nthousand ten--two thousand eleven school year.\\n 3. In implementing the provisions of subdivisions one and two of this\\nsection, the regents shall by July first, two thousand eight, establish\\ntargets for improvement of schools and school districts based upon\\nperformance on state assessments, graduation rates, and other indicators\\nof progress, such as student retention rates and college attendance and\\ncompletion rates.\\n 4. As used in this chapter, the following words shall have the\\nfollowing meanings:\\n a. \"Growth model\" shall mean the assessment of a cohort of students,\\nor individual students, over time that measures the academic progress\\nmade by those students.\\n b. \"Value added assessment model\" shall mean a form of growth model\\nthat includes an evaluation of the specific effects of programs, and\\nother relevant factors, on the academic progress of individual students\\nover time.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "211-B", "title" : "Consequences for consistent lack of improvement in academic performance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211-B", "activeDate" : "2014-09-22", "sequenceNo" : 67, "repealedDate" : null, "fromSection" : "211-B", "toSection" : "211-B", "text" : " § 211-b. Consequences for consistent lack of improvement in academic\\nperformance. In addition to taking appropriate action pursuant to the\\nregulations of the commissioner and the requirements of federal law, the\\nfollowing actions shall be taken to increase school and district\\naccountability for academic performance:\\n 1. The regents shall expand the scope and improve the effectiveness of\\nthe schools under registration review (SURR) process in the two thousand\\nseven--two thousand eight school year and thereafter, so as to ensure\\nthat all schools that meet the criteria for identification as SURR shall\\nbe so identified. The goal of such expansion shall be to identify as\\nSURR up to a total of five percent of the schools in the state within\\nfour years, and to reorganize or restructure schools so identified in\\ncases where such action is appropriate.\\n 2. The regents shall develop a plan for increased support and possible\\nintervention in schools in improvement, corrective action, or\\nrestructuring status or in SURR status. Notwithstanding any provision of\\nlaw to the contrary, the regents shall establish a two-step process as\\nfollows:\\n a. The appointment by the commissioner of a school quality review team\\nto assist any school in school improvement, corrective action,\\nrestructuring status or SURR status in developing and implementing a\\nschool improvement, corrective action, restructuring, or comprehensive\\nplan for the school. Such team may also conduct resource and program and\\nplanning audits and examine the quality of curriculum, instructional\\nplans, and teaching in the schools, the learning opportunities and\\nsupport services available to students, and the organization and\\noperations of the school. After such review, the team shall provide\\ndiagnostic recommendations for school improvement, which may include\\nadministrative and operational improvements. The recommendation of such\\nteam shall be advisory. The reasonable and necessary expenses incurred\\nin the performance of the team's official duties shall be a charge upon\\nthe school district, or charter school, where applicable, that operates\\nthe school.\\n b. The appointment by the commissioner of a joint school intervention\\nteam, for schools in (i) restructuring status or (ii) SURR status that\\nhave failed to demonstrate progress as specified in their corrective\\naction plan or comprehensive education plan. Administrators and\\neducators from the district or charter school where applicable must be\\nincluded on the team, as well as any distinguished educator appointed to\\nthe district pursuant to section two hundred eleven-c of this part. Such\\nteam shall assist the school district in developing, reviewing and\\nrecommending plans for reorganizing or reconfiguring of such schools.\\nThe recommendations of such team should be advisory. The reasonable and\\nnecessary expenses incurred in the performance of the school\\nintervention team's official duties shall be a charge upon the school\\ndistrict, or charter school where applicable, that operates the school.\\n 3. A school district that has been identified as requiring academic\\nprogress, as defined by 100.2(p)(7) of the commissioner's regulations,\\nor includes one or more schools under registration review, in need of\\nimprovement, in corrective action or restructuring status shall be\\nrequired to submit a district improvement plan to the commissioner for\\napproval. In formulating the district improvement plan, the district\\nshall consider redirecting resources to programs and activities included\\nin the menu of options under subdivision three of section two hundred\\neleven-d of this part in the schools so identified. If such options are\\nnot adopted in the district improvement plan, the school district shall\\nprovide the commissioner with an explanation of such decision which\\nshall be considered by the commissioner in determining whether to\\napprove such plan. The trustees or board of education shall hold a\\npublic hearing before adoption of the district improvement plan and a\\ntranscript of the testimony at such hearing shall be submitted to the\\ncommissioner for review with the district improvement plan.\\n 4. The commissioner shall develop a plan for intervention in schools\\nunder restructuring or SURR status that fail to demonstrate progress on\\nestablished performance measures and may be targeted for closure. Such\\nplan shall specify criteria for school closure and include processes to\\nbe followed, research based options, and alternatives and strategies to\\nreorganizing, restructuring or reconfiguring schools. Such plan shall be\\ndeveloped with input from educators including, but not limited to,\\nadministrators, teachers and individuals identified as distinguished\\neducators pursuant to section two hundred eleven-c of this part.\\n 5. (a) The regents shall ensure that all school districts include in\\nany contract of employment, entered into, amended, or extended with a\\nsuperintendent of schools, community superintendent or deputy,\\nassistant, associate or other superintendent of schools who has been or\\nwill be appointed for a fixed term, a provision requiring that such\\ncontract specify that the superintendent shall be required to cooperate\\nfully with any distinguished educator appointed by the commissioner\\npursuant to section two hundred eleven-c of this part.\\n (b) In the case of a superintendent of schools, community\\nsuperintendent or deputy, assistant, associate or other superintendent\\nof schools who is not appointed for a fixed term, the contract\\nprovisions contained in paragraph (a) of this subdivision shall be\\ndeemed to apply to such superintendent immediately.\\n (c) In the case of a charter school, the contract of employment of the\\nprincipal or headmaster or other chief school officer of the charter\\nschool that is entered into, amended or extended shall also be required\\nto include the provisions contained in paragraph (a) of this\\nsubdivision. In addition, such contract provisions shall be deemed to\\napply immediately to any such person not appointed for a fixed term.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "211-C", "title" : "Distinguished educators", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211-C", "activeDate" : "2014-09-22", "sequenceNo" : 68, "repealedDate" : null, "fromSection" : "211-C", "toSection" : "211-C", "text" : " § 211-c. Distinguished educators. The regents shall establish a\\ndistinguished educator program that recognizes educational leaders who\\nhave agreed to assist in improving the performance of low performing\\nschool districts.\\n 1. Building principals, superintendents of schools and teachers\\nincluding retirees and current employees of school districts, under\\nwhose leadership schools have demonstrated consistent growth in academic\\nperformance and other individuals who have demonstrated educational\\nexpertise, including superior performance in the classroom, shall be\\neligible for designation by the regents as distinguished educators.\\nProvided, however, individuals employed by for-profit entities shall not\\nbe eligible for such recognition.\\n 2. From the pool of distinguished educators designated by the regents\\npursuant to subdivision one of this section, the commissioner shall\\nappoint distinguished educators who have expressed their willingness to\\nassist low performing districts in improving their academic performance.\\nTo the extent practicable, the commissioner shall appoint distinguished\\neducators to assist districts with comparable demographics to the\\nschools or districts that are or were under such educator's leadership.\\n 3. The commissioner may appoint a distinguished educator to a school\\ndistrict;\\n a. when such district or a school within such district has failed to\\nachieve adequate yearly progress for four or more years;\\n b. as a member of a joint school intervention team pursuant to\\nparagraph b of subdivision two of section two hundred eleven-b of this\\npart.\\n 4. The school district to which a distinguished educator is appointed\\nshall cooperate fully with an appointed distinguished educator.\\n 5. An appointed distinguished educator shall assess the learning\\nenvironment of schools in the district, review or provide assistance in\\nthe development and implementation of any district improvement plan\\nand/or any corrective action, restructuring, or comprehensive plan of\\nany school within the district to which the distinguished educator is\\nassigned. Such distinguished educator shall either endorse without\\nchange or make recommendations for modifications to any such plan to the\\nboard of education, trustees, or chancellor, in a school district in a\\ncity of one million or more inhabitants, and the commissioner. Upon\\nreceipt of any recommendations for modification, the board of education,\\ntrustees, or chancellor shall either modify the plans accordingly or\\nprovide a written explanation to the commissioner of its reasons for not\\nadopting such recommendations. The commissioner shall direct the\\ndistrict to modify the plans as recommended by the distinguished\\neducator unless the commissioner finds that the written explanation\\nprovided by the district has compelling merit.\\n 6. Appointed distinguished educators shall be deemed ex-officio,\\nnon-voting members of the board of education or trustees. In a school\\ndistrict in a city of one million or more inhabitants, any such\\ndistinguished educator shall be deemed an ex-officio, non-voting member\\nof the community district education council or the city board, as\\napplicable.\\n 7. The reasonable and necessary expenses incurred by the appointed\\ndistinguished educators while performing their official duties shall be\\npaid by the school district.\\n 8. If an appointed distinguished educator is employed by a school\\ndistrict or charter school, it shall be the duty of the board of\\neducation or trustees of such school district, the chancellor of a city\\nschool district in a city of one million or more inhabitants, or the\\nboard of trustees of such charter school to facilitate the efforts of\\nany such appointed distinguished educators in their employ by granting\\nreasonable leave requests and otherwise accommodating their efforts, to\\nthe extent such efforts do not substantially interfere with the\\neducator's performance of his or her regular duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "211-D", "title" : "Contract for excellence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2016-04-08", "2016-07-08", "2017-04-21", "2017-07-07", "2017-08-18", "2018-04-27", "2018-07-06", "2019-04-19", "2019-07-05", "2020-04-17", "2020-07-03", "2021-04-23", "2022-04-15", "2022-07-08", "2022-09-16", "2023-03-10", "2023-05-12", "2023-07-07", "2024-04-26", "2024-05-03", "2024-05-31", "2024-07-12", "2025-05-16", "2025-07-04", "2026-05-29" ], "docLevelId" : "211-D", "activeDate" : "2014-09-22", "sequenceNo" : 69, "repealedDate" : null, "fromSection" : "211-D", "toSection" : "211-D", "text" : " § 211-d. Contract for excellence. 1. a. Every school district that, as\\nof April first of the base year, has at least one school identified as\\nin corrective action or restructuring status or as a school requiring\\nacademic progress: year two or above or as a school in need of\\nimprovement: year two shall be required to prepare a contract for\\nexcellence if the school district is estimated to receive an increase in\\ntotal foundation aid for the current year compared to the base year in\\nan amount that equals or exceeds either fifteen million dollars or ten\\npercent of the amount received in the base year, whichever is less, or\\nreceives a supplemental educational improvement plan grant. In school\\nyear two thousand seven--two thousand eight such increase shall be the\\namount of the difference between total foundation aid received for the\\ncurrent year and the total foundation aid base, as defined in paragraph\\nj of subdivision one of section thirty-six hundred two of this chapter.\\n b. In addition to the school districts required to prepare a contract\\nfor excellence under paragraph a of this subdivision, every school\\ndistrict that filed a contract for excellence in the base year shall\\nfile a contract for excellence in the current year if such district is\\nestimated to receive a two-year increase, equal to the positive\\ndifference of the total foundation aid apportioned for the current year\\nless the total foundation aid base, as defined in paragraph j of\\nsubdivision one of section thirty-six hundred two of this chapter, for\\nthe base year, in an amount that equals or exceeds either twenty-seven\\nmillion five hundred thousand dollars or twenty percent of such total\\nfoundation aid base for the base year; provided however, that this\\nrequirement shall apply only to a school district that, as of April\\nfirst of the base year, has at least one school that has been identified\\nas in corrective action or restructuring status or as a school requiring\\nacademic progress: year two or above or as a school in need of\\nimprovement: year two.\\n c. In a city school district located in a city of one million or more\\ninhabitants, a contract for excellence shall be prepared for the city\\nschool district and each community district that meets criteria\\nspecified in this subdivision.\\n d. All computations pursuant to paragraphs a and b of this subdivision\\nand subdivision two of this section shall be based upon data included in\\nthe computerized school aid run produced by the commissioner in support\\nof the enacted state budget which established the foundation aid\\nformulas for the current year. For purposes of this section,\\naccountability status of schools shall be determined as of April first\\nof the base year, except that if the commissioner determines that the\\naccountability data on file for a school as of April first of the base\\nyear was in error and officially adjusts the accountability status of\\nthe school after such date, such adjusted data shall be used for the\\npurposes of paragraphs a and b of this subdivision and subdivision two\\nof this section.\\n e. Notwithstanding paragraphs a and b of this subdivision, a school\\ndistrict that submitted a contract for excellence for the two thousand\\neight--two thousand nine school year shall submit a contract for\\nexcellence for the two thousand nine--two thousand ten school year in\\nconformity with the requirements of subparagraph (vi) of paragraph a of\\nsubdivision two of this section unless all schools in the district are\\nidentified as in good standing and provided further that, a school\\ndistrict that submitted a contract for excellence for the two thousand\\nnine--two thousand ten school year, unless all schools in the district\\nare identified as in good standing, shall submit a contract for\\nexcellence for the two thousand eleven--two thousand twelve school year\\nwhich shall, notwithstanding the requirements of subparagraph (vi) of\\nparagraph a of subdivision two of this section, provide for the\\nexpenditure of an amount which shall be not less than the product of the\\namount approved by the commissioner in the contract for excellence for\\nthe two thousand nine--two thousand ten school year, multiplied by the\\ndistrict's gap elimination adjustment percentage and provided further\\nthat, a school district that submitted a contract for excellence for the\\ntwo thousand eleven--two thousand twelve school year, unless all schools\\nin the district are identified as in good standing, shall submit a\\ncontract for excellence for the two thousand twelve--two thousand\\nthirteen school year which shall, notwithstanding the requirements of\\nsubparagraph (vi) of paragraph a of subdivision two of this section,\\nprovide for the expenditure of an amount which shall be not less than\\nthe amount approved by the commissioner in the contract for excellence\\nfor the two thousand eleven--two thousand twelve school year and\\nprovided further that, a school district that submitted a contract for\\nexcellence for the two thousand twelve--two thousand thirteen school\\nyear, unless all schools in the district are identified as in good\\nstanding, shall submit a contract for excellence for the two thousand\\nthirteen--two thousand fourteen school year which shall, notwithstanding\\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\\nof this section, provide for the expenditure of an amount which shall be\\nnot less than the amount approved by the commissioner in the contract\\nfor excellence for the two thousand twelve--two thousand thirteen school\\nyear and provided further that, a school district that submitted a\\ncontract for excellence for the two thousand thirteen--two thousand\\nfourteen school year, unless all schools in the district are identified\\nas in good standing, shall submit a contract for excellence for the two\\nthousand fourteen--two thousand fifteen school year which shall,\\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\\nsubdivision two of this section, provide for the expenditure of an\\namount which shall be not less than the amount approved by the\\ncommissioner in the contract for excellence for the two thousand\\nthirteen--two thousand fourteen school year. For purposes of this\\nparagraph, the \"gap elimination adjustment percentage\" shall be\\ncalculated as the sum of one minus the quotient of the sum of the school\\ndistrict's net gap elimination adjustment for two thousand ten--two\\nthousand eleven computed pursuant to chapter fifty-three of the laws of\\ntwo thousand ten, making appropriations for the support of government,\\nplus the school district's gap elimination adjustment for two thousand\\neleven--two thousand twelve as computed pursuant to chapter fifty-three\\nof the laws of two thousand eleven, making appropriations for the\\nsupport of the local assistance budget, including support for general\\nsupport for public schools, divided by the total aid for adjustment\\ncomputed pursuant to chapter fifty-three of the laws of two thousand\\neleven, making appropriations for the local assistance budget, including\\nsupport for general support for public schools. Provided, further, that\\nsuch amount shall be expended to support and maintain allowable programs\\nand activities approved in the two thousand nine--two thousand ten\\nschool year or to support new or expanded allowable programs and\\nactivities in the current year.\\n 2. a. (i) In a common, union free, central, central high school, or a\\ncity school district in a city having less than one hundred twenty-five\\nthousand inhabitants, required to prepare a contract for excellence\\npursuant to subdivision one of this section and, as of April first of\\nthe base year, does not contain any schools identified as in corrective\\naction or restructuring status or requiring academic progress: year\\nthree or above, each contract for excellence shall describe how the sum\\nof the amounts apportioned to the school district in the current year as\\ntotal foundation aid, in excess of one hundred four percent of the\\ndistrict's foundation aid base, as adjusted for additional amounts\\npayable as charter school basic tuition over such amount payable in the\\nbase year, shall be used to support new programs and new activities or\\nredesign or expand the use of programs and activities demonstrated to\\nimprove student achievement; provided however, up to fifty percent of\\nadditional funding received in the current year may be used to maintain\\ninvestments in programs and activities listed in paragraph a of\\nsubdivision three of this section.\\n (ii) In a common, union free, central, central high school, or a city\\nschool district in a city having less than one hundred twenty-five\\nthousand inhabitants, required to prepare a contract for excellence\\npursuant to subdivision one of this section and, as of April first of\\nthe base year, has at least one school identified as in corrective\\naction or restructuring status or requiring academic progress: year\\nthree or above, each contract for excellence shall describe how the sum\\nof the amounts apportioned to the school district in the current year as\\ntotal foundation aid, in excess of one hundred four percent of the\\ndistrict's foundation aid base, as adjusted for additional amounts\\npayable as charter school basic tuition over such amount payable in the\\nbase year, shall be used to support new programs and new activities or\\nredesign or expand the use of programs and activities demonstrated to\\nimprove student achievement; provided however, up to thirty-five percent\\nof additional funding received in the current year may be used to\\nmaintain investments in the programs and activities listed in paragraph\\na of subdivision three of this section.\\n (iii) In a city school district in a city having a population of one\\nhundred twenty-five thousand or more inhabitants but less than one\\nmillion inhabitants that either receives a supplemental educational\\nimprovement plan grant or is required to submit a contract for\\nexcellence based solely upon the criteria specified in paragraph b of\\nsubdivision one of this section, each contract for excellence shall\\ndescribe how the sum of the amounts apportioned to the school district\\nin the current year as total foundation aid, and as supplemental\\neducational improvement plan grants, in excess of one hundred four\\npercent of such aid apportioned to the district in the base year, as\\nadjusted for additional amounts payable as charter school basic tuition\\nover such amount payable in the base year, shall be used to support new\\nprograms and new activities or redesign or expand the use of programs\\nand activities demonstrated to improve student achievement; provided\\nhowever, up to fifty percent of additional funding received in the\\ncurrent year may be used to maintain investments in the programs and\\nactivities listed in paragraph a of subdivision three of this section.\\n (iv) In a city school district in a city having a population of one\\nhundred twenty-five thousand or more inhabitants but less than one\\nmillion inhabitants that satisfies the criteria specified in paragraph a\\nof subdivision one of this section and does not receive a supplemental\\neducational improvement plan grant, each contract for excellence shall\\ndescribe how the sum of the amounts apportioned to the school district\\nin the current year as total foundation aid, in excess of one hundred\\nthree percent of the district's foundation aid base, as adjusted for\\nadditional amounts payable as charter school basic tuition over such\\namount payable in the base year, shall be used to support new programs\\nand new activities or expand the use of programs and activities\\ndemonstrated to improve student achievement; provided however, up to\\ntwenty-five percent of additional funding received in the current year\\nmay be used to maintain investments in the programs and activities\\nlisted in paragraph a of subdivision three of this section.\\n (v) In a city school district in a city having a population of one\\nmillion or more inhabitants, each contract for excellence shall describe\\nhow the amounts apportioned to the school district in the current year\\nas total foundation aid and academic achievement grants, in excess of\\none hundred three percent of the district's foundation aid base, as\\nadjusted for additional amounts payable as charter school basic tuition\\nover such amount payable in the base year, shall be used to support new\\nprograms and new activities or expand the use of programs and activities\\ndemonstrated to improve student achievement; provided however, up to\\nthirty million dollars or twenty-five percent of additional funding\\nreceived in the current year, whichever is less, may be used to maintain\\ninvestments in the programs and activities listed in paragraph a of\\nsubdivision three of this section.\\n (vi) Each contract for excellence for a school district that was\\nrequired to prepare a contract for excellence in the base year shall\\nprovide for the expenditure of an amount equivalent to the total\\nbudgeted amount approved by the commissioner in the district's approved\\ncontract for excellence for the base year; provided that such amount\\nshall be expended to support and maintain allowable programs and\\nactivities approved in the base year or to support new or expanded\\nallowable programs and activities in the current year.\\n (vii) (A) Notwithstanding any other provision of this section to the\\ncontrary, a school district that submitted a contract for excellence for\\nthe two thousand seven--two thousand eight school year and the two\\nthousand eight--two thousand nine school year and is required to submit\\na contract for excellence for the two thousand nine--two thousand ten\\nschool year but did not fully expend all of its two thousand seven--two\\nthousand eight foundation aid subject to the contract for excellence\\nrestrictions during the two thousand seven--two thousand eight school\\nyear may re-allocate and expend such unexpended funds during the two\\nthousand eight--two thousand nine and two thousand nine--two thousand\\nten school years for allowable contract for excellence programs and\\nactivities as defined in subdivision three of this section in a manner\\nprescribed by the commissioner. For purposes of determining maintenance\\nof effort pursuant to subparagraph (vi) of this paragraph for the two\\nthousand eight--two thousand nine school year, funds expended pursuant\\nto this subparagraph shall be included in the total budgeted amount\\napproved by the commissioner in the district's contract for excellence\\nfor the two thousand seven--two thousand eight school year; provided\\nthat such amount shall not be counted more than once in determining\\nmaintenance of effort for the two thousand nine--two thousand ten school\\nyear or thereafter.\\n (B) Notwithstanding any other provision of this section to the\\ncontrary, a school district that submitted a contract for excellence for\\nthe two thousand nine--two thousand ten school year but did not fully\\nexpend all of its two thousand nine--two thousand ten foundation aid\\nsubject to the contract for excellence restrictions during the two\\nthousand nine--two thousand ten school year may re-allocate and expend\\nsuch unexpended funds during the two thousand eleven--two thousand\\ntwelve school year for allowable contract for excellence programs and\\nactivities as defined in subdivision three of this section in a manner\\nprescribed by the commissioner; provided that such amount shall not be\\ncounted more than once in determining any maintenance of effort pursuant\\nto this section.\\n b. (i) The contract shall specify the new or expanded programs for\\nwhich additional amounts of such total foundation aid, or grant shall be\\nused and shall affirm that such programs shall predominately benefit\\nstudents with the greatest educational needs including, but not limited\\nto, those students with limited English proficiency, students in poverty\\nand students with disabilities.\\n (ii) In a city school district in a city having a population of one\\nmillion or more inhabitants such contract shall also include a plan to\\nreduce average class sizes, as defined by the commissioner, within five\\nyears for the following grade ranges: (A) pre-kindergarten-third grade;\\n(B) fourth-eighth grade; and (C) high school. Such plan shall include\\nclass size reduction for low performing and overcrowded schools and also\\ninclude the methods to be used to achieve such class sizes, such as the\\ncreation or construction of more classrooms and school buildings, the\\nplacement of more than one teacher in a classroom or methods to\\notherwise reduce the student to teacher ratio; provided, however, that\\nnotwithstanding any law, rule or regulation to the contrary, the sole\\nand exclusive remedy for a violation of the requirements of this\\nparagraph shall be pursuant to a petition to the commissioner under\\nsubdivision seven of section three hundred ten of this title, and the\\ndecision of the commissioner on such petition shall be final and\\nunreviewable.\\n (iii) A city school district in a city having a population of one\\nmillion or more inhabitants shall prepare a report to the commissioner\\non the status of the implementation of its plan to reduce average class\\nsizes pursuant to subparagraph (ii) of this paragraph. Such report shall\\nidentify all schools that received funds targeted at class size\\nreduction efforts pursuant to the requirements of this section and\\nprovide the following information regarding such schools:\\n (A) the amount of contract for excellence funds received by each\\nschool and the school year in which it received such funds;\\n (B) a detailed description of how contract for excellence funds\\ncontributed to achieving class size reduction in each school that\\nreceived such funding including specific information on the number of\\nclassrooms in each school that existed prior to receiving contract for\\nexcellence funds and the number of new classrooms that were created in\\neach school for each year such funding was received, the number of\\nclassroom teachers that existed in each school prior to receiving\\ncontract for excellence funds and the number of new classroom teachers\\nin each school for each year such funding was received, the student to\\nteacher ratio in each school prior to receiving contract for excellence\\nfunds and the student to teacher ratio in each school for each year such\\nfunding was received;\\n (C) the actual student enrollment for the two thousand six--two\\nthousand seven school year, the actual student enrollment for the two\\nthousand seven--two thousand eight school year, the actual student\\nenrollment for the two thousand eight--two thousand nine school year,\\nand the projected student enrollment for the two thousand nine--two\\nthousand ten school year for each school by grade level;\\n (D) the actual average class sizes for the two thousand six--two\\nthousand seven school year, the actual average class sizes for the two\\nthousand seven--two thousand eight school year, the actual average class\\nsizes for the two thousand eight--two thousand nine school year, and the\\nprojected average class sizes for the two thousand nine--two thousand\\nten school year for each school by grade level; and\\n (E) the schools that have made insufficient progress toward achieving\\nthe class size reduction goals outlined in the approved five year class\\nsize reduction plan pursuant to subparagraph (ii) of this paragraph and\\na detailed description of the actions that will be taken to reduce class\\nsizes in such schools.\\n Such report shall be submitted to the commissioner on or before\\nNovember seventeenth, two thousand nine and shall be made available to\\nthe public by such date.\\n c. The contract for excellence shall state, for all funding sources,\\nwhether federal, state or local, the instructional expenditures per\\npupil, the special education expenditures per pupil, and the total\\nexpenditures per pupil, projected for the current year and actually\\nincurred in the base year.\\n 3. a. The commissioner shall adopt regulations establishing allowable\\nprograms and activities intended to improve student achievement which\\nshall be limited to: (i) class size reduction, (ii) programs that\\nincrease student time on task, including but not limited to, academic\\nafter-school programs, (iii) teacher and principal quality initiatives,\\n(iv) middle school and high school re-structuring, (v) expansion or\\nreplication of effective model programs for students with limited\\nEnglish proficiency, and (vi) full-day kindergarten or prekindergarten.\\nProvided, however, that districts may use up to fifteen percent of the\\nadditional funding they receive for experimental programs designed to\\ndemonstrate the efficacy of other strategies to improve student\\nachievement consistent with the intent of this section and, in school\\nyear two thousand seven--two thousand eight, up to thirty million\\ndollars or twenty-five percent of such additional funding, whichever is\\nless, may be used to maintain investments in programs and activities\\nlisted in this subdivision. Any such district seeking to implement an\\nexperimental program shall first submit a plan to the commissioner\\nsetting forth the need for such experimental program and how such\\nprogram will improve student performance.\\n b. The commissioner shall assist school districts that include in\\ntheir contract for excellence the implementation of incentives,\\ndeveloped in collaboration with teachers in the collective bargaining\\nprocess, for highly qualified and experienced teachers to work in low\\nperforming schools to ensure that such incentives are effective.\\n 4. a. A district's contract for excellence for the academic year two\\nthousand eight--two thousand nine and thereafter, shall be developed\\nthrough a public process, in consultation with parents or persons in\\nparental relation, teachers, administrators, and any distinguished\\neducator appointed pursuant to section two hundred eleven-c of this\\nchapter.\\n b. Such process shall include at least one public hearing. In a city\\nschool district in a city of one million or more inhabitants, a public\\nhearing shall be held within each county of such city. A transcript of\\nthe testimony presented at such public hearings shall be included when\\nthe contract for excellence is submitted to the commissioner, for review\\nwhen making a determination pursuant to subdivision five of this\\nsection.\\n c. In a city school district in a city of one million or more\\ninhabitants, each community district contract for excellence shall be\\nconsistent with the citywide contract for excellence and shall be\\nsubmitted by the community superintendent to the community district\\neducation council for review and comment at a public meeting.\\n d. For the two thousand seven--two thousand eight school year, school\\ndistricts shall solicit public comment on their contracts for\\nexcellence.\\n 5. Each contract for excellence shall be subject to approval by the\\ncommissioner and his or her certification that the expenditure of\\nadditional aid or grant amounts is in accordance with subdivision two of\\nthis section.\\n 6. The school district audit report certified to the commissioner by\\nan independent certified public accountant, an independent accountant or\\nthe comptroller of the city of New York pursuant to section twenty-one\\nhundred sixteen-a of this chapter shall include a certification by such\\naccountant or comptroller in a form prescribed by the commissioner and\\nthat the increases in total foundation aid and supplemental educational\\nimprovement plan grants have been used to supplement, and not supplant\\nfunds allocated by the district in the base year for such purposes.\\n 7. The trustees or board of education of each school district subject\\nto this section, or the chancellor in the case of a city school district\\nin a city of one million or more inhabitants, shall assure that\\nprocedures are in place by which parents or persons in parental relation\\nmay bring complaints concerning implementation of the district's\\ncontract for excellence.\\n a. In a city school district in a city of one million or more\\ninhabitants, such procedures shall provide that complaints may be filed\\nwith the building principal with an appeal to the community\\nsuperintendent, or filed directly with the community superintendent, and\\nthat any appeal of the determination of a community superintendent shall\\nbe made to the chancellor.\\n b. In all other districts, such procedures shall either provide for\\nthe filing of complaints with the building principals with an appeal to\\nthe superintendent of schools or for filing of the complaint directly\\nwith the superintendent of schools, and shall provide for an appeal to\\nthe trustees or board of education from the determination of the\\nsuperintendent of schools.\\n c. The determination of the trustees or a board of education or the\\nchancellor may be appealed to the commissioner pursuant to section three\\nhundred ten of this title.\\n 8. School districts subject to the provisions of this section shall\\npublicly report the expenditure of total foundation aid in the form and\\nmanner prescribed by the commissioner which shall ensure full disclosure\\nof the use of such funds.\\n 9. The department shall develop a methodology for reporting\\nschool-based expenditures by all school districts subject to the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "211-E", "title" : "Educational partnership organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211-E", "activeDate" : "2014-09-22", "sequenceNo" : 70, "repealedDate" : null, "fromSection" : "211-E", "toSection" : "211-E", "text" : " § 211-e. Educational partnership organizations. 1. The board of\\neducation of a school district, and the chancellor of the city school\\ndistrict of the city of New York, subject to the approval of the\\ncommissioner, shall be authorized to contract, for a term of up to five\\nyears, with an educational partnership organization pursuant to this\\nsection to intervene in a school designated by the commissioner as a\\npersistently lowest-achieving school, consistent with federal\\nrequirements, or a school under registration review.\\n 2. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, and except as otherwise provided in this section, such\\ncontract shall contain provisions authorizing the educational\\npartnership organization to assume the powers and duties of the\\nsuperintendent of schools for purposes of implementing the educational\\nprogram of the school, including but not limited to, making\\nrecommendations to the board of education on budgetary decisions,\\nstaffing population decisions, student discipline decisions, decisions\\non curriculum and determining the daily schedule and school calendar,\\nall of which recommendations shall be consistent with applicable\\ncollective bargaining agreements. Such contract shall include district\\nperformance expectations and/or benchmarks for school operations and\\nacademic outcomes, and failure to meet such expectations or benchmarks\\nmay be grounds for termination of the contract prior to the expiration\\nof its term. Such contract shall also address the manner in which\\nstudents will be assigned to the school, the process for employees to\\ntransfer into the school, the services that the district will provide to\\nthe school, and the manner in which the school shall apply for and\\nreceive allocational and competitive grants.\\n 3. The board of education shall retain the ultimate decision-making\\nauthority over the hiring, evaluating, termination, disciplining,\\ngranting of tenure, assignment of employees serving in the school as\\nwell as with respect to staff development for those employees, together\\nwith authority concerning all other terms and conditions of employment,\\nall of which decisions shall be made in a manner consistent with\\napplicable collective bargaining agreements. However, notwithstanding\\nany law, rule or regulation to the contrary, upon the effective date of\\nthe contract, the educational partnership organization shall be\\nauthorized to exercise all powers of a superintendent of schools with\\nrespect to such employment decisions, including but not limited to\\nmaking recommendations, as applicable, to the board of education in\\nconnection with and prior to the board of education making decisions\\nregarding staff assignments, the hiring, the granting of tenure, the\\nevaluating, the disciplining and termination of employees, as well as\\nconcerning staff development. The employees assigned to the school shall\\nsolely be in the employ of the school district and shall retain their\\ntenure rights and all other employment rights conferred by law, and\\nservice in the school shall constitute service to the school district\\nfor all purposes, including but not limited to, the requirements for\\ncriminal history record checks and participation in public retirement\\nsystems. Notwithstanding any other provision of law to the contrary, for\\npurposes of article fourteen of the civil service law, employees in the\\nschool shall be public employees of the school district as defined in\\nsubdivision seven of section two hundred one of the civil service law\\nand shall not be deemed employees of the educational partnership\\norganization by reason of the powers granted to the educational\\npartnership organization by this section. All such employees shall be\\nmembers of the applicable negotiating unit containing like titles or\\npositions for the public school district in which such school is\\nlocated, and shall be covered by the collective bargaining agreement\\ncovering that public school district's negotiating unit, except that the\\nduly recognized or certified collective bargaining representative for\\nthat negotiating unit may modify or supplement, in writing, the\\ncollective bargaining agreement in consultation with the employees of\\nthe negotiating unit working in the school. All such modifications of,\\nor supplements to the collective bargaining agreement are subject to\\nratification by the employees employed within the school and by the\\nboard of education of the public school district, consistent with\\narticle fourteen of the civil service law. Upon the effective date of\\nthe school district's contract with the educational partnership\\norganization, the educational partnership organization shall be\\nempowered to make recommendations to the board of education with respect\\nto the scope of, and process for making modifications and additions to\\nthe collective bargaining agreement.\\n 4. Where a recommendation is made by the educational partnership\\norganization to the board of education pursuant to subdivision two or\\nthree of this section, and such recommendation is denied, the board of\\neducation shall state its reasons for the denial, which shall include an\\nexplanation of how such denial will promote improvement of student\\nachievement in the school and how such action is consistent with all\\naccountability plans approved by the commissioner for the school and the\\nschool district. Nothing in this subdivision shall be construed to\\nprevent a board of education from denying a recommendation of the\\neducational partnership organization based upon the board of education's\\ndetermination that carrying out such recommendation would result in a\\nviolation of law or violation of the terms of an applicable collective\\nbargaining agreement. If the board of education rejects a recommendation\\nof the educational partnership organization to terminate a probationary\\nemployee assigned to the school or to deny tenure to an employee\\nassigned to the school, it shall be the duty of the board of education\\nto transfer such employee to another position in the school district\\nwithin such employee's tenure area for which the employee is qualified,\\nor to create such a position.\\n 5. For purposes of this section the following terms shall have the\\nfollowing meanings:\\n (i) \"educational partnership organization\" means a board of\\ncooperative educational services, a public or independent, non-profit\\ninstitution of higher education, a cultural institution, or a private,\\nnon-profit organization with a proven record of success in intervening\\nin low-performing schools, as determined by the commissioner, provided\\nthat such term shall not include a charter school;\\n (ii) \"board of education\" means the trustees or board of education of\\na school district, or, in the case of a city school district of a city\\nhaving a population of one million or more, the chancellor of such city\\ndistrict;\\n (iii) \"school district\" means a common, union free, central, central\\nhigh school or city school district, other than a special act school\\ndistrict as defined in section four thousand one of this chapter.\\n (iv) \"superintendent of schools\" means the superintendent of schools\\nof a school district, and, in the case of a city school district of a\\ncity having a population of one million or more, a community\\nsuperintendent and the chancellor of such city district when acting in\\nthe role of a superintendent of schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "212", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "212", "activeDate" : "2014-09-22", "sequenceNo" : 71, "repealedDate" : null, "fromSection" : "212", "toSection" : "212", "text" : " § 212. Fees. The department shall charge the following fees: 1. For\\nthe issuance of a qualifying certificate for admission to a professional\\nschool as required by or pursuant to law, five dollars.\\n 2. For admission to a special examination in English authorized or\\nrequired by or pursuant to law as a pre-requisite to admission to a\\nprofessional school or to an examination for a license to engage in or\\npractice a profession, ten dollars.\\n 3. For other certifications or permits for which fees are not\\notherwise provided, fees as fixed by regulations of the department.\\n 4. For the issuance of a replacement license, ten dollars.\\n 5. For the replacement of a biennial registration certificate which\\nhas been lost or destroyed, or for the issuance of each registration\\ncertificate for more than one office, five dollars.\\n 6. For a detailed certification of licensure record at the request of\\nan individual, ten dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "212-A", "title" : "Return of deposits for professional and graduate schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "212-A", "activeDate" : "2014-09-22", "sequenceNo" : 72, "repealedDate" : null, "fromSection" : "212-A", "toSection" : "212-A", "text" : " § 212-a. Return of deposits for professional and graduate schools.\\nAny person who makes a deposit on tuition to a professional or graduate\\nschool for the fall semester next following the making of the deposit\\nand who demands return of the deposit in writing by the April first\\nprevious to such fall semester shall be entitled to the return of such\\ndeposit within thirty days of receipt of such demand by the school, and\\nsuch professional or graduate school shall return the deposit within\\nthirty days.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "212-B", "title" : "Return of tuition for colleges, universities, professional, proprietary and graduate schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "212-B", "activeDate" : "2014-09-22", "sequenceNo" : 73, "repealedDate" : null, "fromSection" : "212-B", "toSection" : "212-B", "text" : " § 212-b. Return of tuition for colleges, universities, professional,\\nproprietary and graduate schools. Any person who pays tuition to a\\ncollege, university, professional, proprietary or graduate school and\\nwho demands its refund in writing before the thirtieth day before the\\ncommencement of the term for which the tuition was paid shall be\\nentitled to one hundred percent reimbursement of such tuition within\\nsixty days of receipt of such demand by the college, university,\\nprofessional, proprietary or graduate school; provided, however, that no\\ndeposit on tuition payable upon acceptance shall be governed by the\\nprovisions of this section. The provisions of this section shall not\\napply if a college, university, professional, proprietary or graduate\\nschool enters into a nonrevokable contract for special or extraordinary\\ninstructional services after receipt of tuition and in reliance of the\\nprospective attendance of the person paying such tuition so long as such\\nperson was given notice before paying tuition that such a contract would\\nbe entered into.\\n A violator of the provisions of this section shall be liable for a\\ncivil penalty not to exceed ten percent of the amount of tuition which\\nwas not refunded as herein provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "212-C", "title" : "Teacher accreditation review fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "212-C", "activeDate" : "2014-09-22", "sequenceNo" : 74, "repealedDate" : null, "fromSection" : "212-C", "toSection" : "212-C", "text" : " § 212-c. Teacher accreditation review fees. The costs of accreditation\\nreviews of teacher education programs shall be borne by the institution\\nseeking accreditation by the board of regents. The commissioner shall\\nestablish and charge fees to cover the costs of the accreditation\\nvisits, any other related visits the commissioner may determine to be\\nnecessary, and related expenses. Fees collected shall be deposited to\\nthe credit of the teacher education accreditation account and disbursed\\npursuant to section ninety-nine-h of the state finance law. The\\ncommissioner shall be authorized to adopt any regulations needed to\\nimplement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "213", "title" : "Extension of educational facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "213", "activeDate" : "2014-09-22", "sequenceNo" : 75, "repealedDate" : null, "fromSection" : "213", "toSection" : "213", "text" : " § 213. Extension of educational facilities. 1. The regents may\\nextend to the people at large increased educational opportunities and\\nfacilities, stimulate interest therein, recommend methods, designate\\nsuitable teachers and lecturers, conduct examinations and grant\\ncredentials, and otherwise organize, aid and conduct such work. And the\\nregents, and with their approval the commissioner of education, may buy,\\nsell, exchange and receive by will, or other gift, or on deposit, books,\\npictures, statuary or other sculptured work, lantern slides, apparatus,\\nmaps, globes, films, sound films, kinescopes, photographic recordings\\nand any article or collections pertaining to or useful in and to any of\\nthe departments, divisions, schools, institutions, associations or other\\nagencies, or work, under their supervision, or control, or\\nencouragement, and may lend or deposit any such articles in their\\ncustody or control, when or where in their judgement compensating\\neducational usefulness will result therefrom; and may also, from time to\\ntime, enter into contracts desirable for carrying into effect the\\nforegoing provisions.\\n 2. In carrying out the provisions of subdivision one of this section,\\nthe regents may: a. Contract with institutions in the university,\\nschool districts, boards of cooperative educational services or other\\nnon-profit educational agencies for the acquisition from such\\ninstitutions, school districts, boards or agencies of sound films,\\nkinescopes, audio recordings and video recordings, scripts, research\\nreports or related educational television materials, for the use of the\\ndepartment, or for the production of educational television programs:\\n b. Lease, to school districts, boards of cooperative educational\\nservices or television corporations created pursuant to section two\\nhundred thirty-six of this chapter, educational television facilities,\\nincluding transmitters, micro-wave relay facilities, production centers,\\nclosed-circuit systems and any equipment necessary therefor, constructed\\nor acquired, and owned by the state, leased by the state, or contract\\nwith such districts, boards of cooperative educational services or\\ncorporations for the operation of such facilities:\\n c. Lease and operate a television station in the city of New York.\\n 3. For the purpose of carrying out the provisions of subdivision two\\nof this section, the regents may make rules or authorize the\\ncommissioner to make regulations providing standards for research and\\nexperimentation, operation and programming of educational television by\\nthe state and the school districts, boards of cooperative educational\\nservices, institutions, corporations and agencies, respectively.\\n 4. In carrying out the provisions of subdivisions one and two of this\\nsection and in order to encourage and stimulate the further development\\nand use of educational television in the state of New York and for the\\npurposes of providing educational services and facilities for pupils in\\nthe public schools of the state of New York, the board of regents is\\nhereby authorized to make additional apportionments to school districts\\nor boards of cooperative educational services in accordance with the\\nprovisions of this subdivision to encourage and assist such districts or\\nboards to install and operate a broadcast or closed-circuit television\\nsystem, or television receiving equipment for the improvement of\\nclassroom instruction.\\n a. Any school district or board of cooperative educational services\\nplanning to establish such a program shall submit to the commissioner of\\neducation on or before the first day of May of the school year preceding\\nthe school year during which the program is to be conducted an\\napplication, together with such information as the commissioner of\\neducation shall require, including at least a complete statement of\\npurposes of the program, the detailed procedures of operation, a\\ndetailed estimate of the cost of such program and a complete description\\nof the installation and equipment to be installed and the detailed\\nprocedures of evaluations to be used in determining the improvement of\\nclassroom instruction.\\n b. The commissioner of education shall establish procedures for\\nevaluations of such programs. One such program for each school district\\nor board of cooperative educational services may be approved by the\\ncommissioner of education, and any program so approved by the\\ncommissioner of education shall be placed on a list in accordance with\\nthe educational merit and value of the program, and the date of receipt\\nof the application, where several programs are evaluated as having equal\\nmerit and value.\\n c. Apportionment shall then be made in accordance with the formula\\ncontained in paragraph d of this subdivision, in the order of such\\nprograms on the list established in accordance with paragraph b of this\\nsubdivision within the amount of the appropriation therefor.\\n d. Any district or board which proposes to install and operate a\\nbroadcast or closed-circuit television system or television receiving\\nequipment for the improvement of classroom instruction, in accordance\\nwith a program approved as provided in this subdivision and to the\\nextent that funds are available pursuant to this subdivision, shall be\\nentitled to an apportionment during the five-year period following the\\napproval of the program as follows:\\n Fifty per cent of the approved cost relative to the acquisition and\\ninstallation of the equipment, and during the first year fifty per cent\\nof the approved operational expenses in connection with the approved\\noperation of the program; during the second year forty per cent of the\\napproved operational expenses in connection with the approved operation\\nof the program; during the third year thirty per cent of the approved\\noperational expenses in connection with the approved operation of the\\nprogram; during the fourth year twenty per cent of the approved\\noperational expenses in connection with the approved operation of the\\nprogram; and during the fifth year ten per cent of the approved\\noperational expenses in connection with the approved operation of the\\nprogram.\\n 5. A school district or a board of cooperative educational services\\nis hereby authorized and empowered to do and perform any and all acts\\nnecessary or convenient to enable it to carry out the provisions of this\\nsection.\\n 6. The regents are authorized to make grants of money, materials and\\nequipment for the purpose of promoting the erection and use of\\neducational television facilities by educational television corporations\\nestablished pursuant to the provisions of section two hundred thirty-six\\nof this chapter. Such grants may be made upon such terms and conditions\\nas the regents may prescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "213-B", "title" : "Unlawful sale of dissertations, theses and term papers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "213-B", "activeDate" : "2014-09-22", "sequenceNo" : 76, "repealedDate" : null, "fromSection" : "213-B", "toSection" : "213-B", "text" : " § 213-b. Unlawful sale of dissertations, theses and term papers. 1. No\\nperson shall, for financial consideration, or the promise of financial\\nconsideration, prepare, offer to prepare, cause to be prepared, sell or\\noffer for sale to any person any written material which the seller\\nknows, is informed or has reason to believe is intended for submission\\nas a dissertation, thesis, term paper, essay, report or other written\\nassignment by a student in a university, college, academy, school or\\nother educational institution to such institution or to a course,\\nseminar or degree program held by such institution.\\n 2. Nothing herein contained shall prevent such educational institution\\nor any member of its faculty or staff, from offering courses,\\ninstruction, counseling or tutoring for research or writing as part of a\\ncurriculum or other program conducted by such educational institution.\\nNor shall this section prevent any educational institution or any member\\nof its faculty or staff from authorizing students to use statistical,\\ncomputer, or any other services which may be required or permitted by\\nsuch educational institution in the preparation, research or writing of\\na dissertation, thesis, term paper, essay, report or other written\\nassignment. Nor shall this section prevent tutorial assistance rendered\\nby other persons which does not include the preparation, research or\\nwriting of a dissertation, thesis, term paper, essay, report or other\\nwritten assignment intended for submission to such educational\\ninstitution in fulfillment of the requirements for a degree, diploma,\\ncertificate or course of study. Nor shall any person be prevented by the\\nprovisions of this section from rendering services for a fee which shall\\nbe limited to the typing, transcription or reproduction of a manuscript.\\n 3. Nothing contained within this section shall prevent any person from\\nselling or offering for sale a publication or other written material\\nwhich shall have been registered under the United States laws of\\ncopyright, provided, however, that the owner of such copyright shall\\nhave given his authorization or approval for such sale and provided\\nfurther that such publication or other written material shall not be\\nintended for submission as a dissertation, thesis, term paper, essay,\\nreport or other written assignment to such educational institution\\nwithin the state of New York in fulfillment of the requirements for a\\ndegree, diploma, certificate or course of study.\\n 4. No person shall sell, assign or otherwise transfer for business or\\nfor any other purpose to any person any information and material of a\\npersonal or private nature acquired from a purchaser of a dissertation,\\nthesis, term paper, essay, report or other written assignment without\\nthe prior consent of such purchaser. The term \"information and material\\nof a personal or private nature\" as used in this subdivision shall\\ninclude, but not be limited to the name of such purchaser, his address\\nand telephone number, the name of such educational institution, the name\\nor number of the course, the name of the faculty member or members for\\nwhom such written assignment has been prepared and any description of\\nthe research involved or the nature of such written assignment.\\n 5. A violation of the provisions of this section shall constitute a\\nclass B misdemeanor.\\n 6. The attorney general and district attorney of the county wherein a\\nviolation of this section occurs shall have concurrent authority to\\ninvestigate and prosecute any violation of this section and any related\\nviolations discovered during the course of such investigation.\\n 7. Whenever there shall be a violation of this section, an applica-\\ntion also may be made by the attorney general in the name of the people\\nof the state of New York to a court or justice having jurisdiction to\\nissue an injunction, and upon notice to the defendant of not less than\\nfive days, to enjoin and restrain the continuance of such violation; and\\nif it shall appear to the satisfaction of the court or justice that the\\ndefendant has, in fact, violated this section, an injunction may be\\nissued by such court or justice, enjoining and restraining any further\\nviolation, without requiring proof that any person has, in fact, been\\ninjured or damaged thereby. In any such proceeding the court may make\\nallowances to the attorney general as provided in section eighty-three\\nhundred three, subdivision six of the civil practice law and rules. In\\nconnection with any such proposed application, the attorney general is\\nauthorized to take proof and make a determination of the relevant facts\\nand to issue subpoenas in accordance with the civil practice law and\\nrules. Additionally, the attorney general may apply in any such\\nproceeding for a monetary penalty of not more than one thousand dollars\\nper violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "214", "title" : "Institutions in the university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "214", "activeDate" : "2014-09-22", "sequenceNo" : 77, "repealedDate" : null, "fromSection" : "214", "toSection" : "214", "text" : " § 214. Institutions in the university. The institutions of the\\nuniversity shall include all secondary and higher educational\\ninstitutions which are now or may hereafter be incorporated in this\\nstate, and such other libraries, museums, institutions, schools,\\norganizations and agencies for education as may be admitted to or\\nincorporated by the university. The regents may exclude from such\\nmembership any institution failing to comply with law or with any rule\\nof the university.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "215", "title" : "Visitation and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "215", "activeDate" : "2014-09-22", "sequenceNo" : 78, "repealedDate" : null, "fromSection" : "215", "toSection" : "215", "text" : " § 215. Visitation and reports. The regents, or the commissioner of\\neducation, or their representatives, may visit, examine into and\\ninspect, any institution in the university and any school or institution\\nunder the educational supervision of the state, and may require, as\\noften as desired, duly verified reports therefrom giving such\\ninformation and in such form as the regents or the commissioner of\\neducation shall prescribe. For refusal or continued neglect on the part\\nof any institution in the university to make any report required, or for\\nviolation of any law or any rule of the university, the regents may\\nsuspend the charter or any of the rights and privileges of such\\ninstitution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "215-A", "title" : "Annual report by regents to governor and legislature", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "215-A", "activeDate" : "2014-09-22", "sequenceNo" : 79, "repealedDate" : null, "fromSection" : "215-A", "toSection" : "215-A", "text" : " § 215-a. Annual report by regents to governor and legislature. 1. The\\nregents of the university of the state of New York shall prepare and\\nsubmit to the governor, the temporary president of the senate, and the\\nspeaker of the assembly, not later than the first day of January,\\nnineteen hundred eighty-nine, nineteen hundred ninety and nineteen\\nhundred ninety-one and the fifteenth day of February of each year\\nthereafter, a report concerning the schools of the state which shall set\\nforth with respect to the preceding school year: enrollment trends;\\nindicators of student achievement in reading, writing, mathematics,\\nscience and vocational courses; graduation, college attendance and\\nemployment rates; such other indicators of student performance as the\\nregents shall determine; information concerning teacher and\\nadministrator preparation, turnover, in-service education and\\nperformance; information concerning school library expenditures and\\nschool library media specialist employment; expenditure per pupil on\\nregular education and expenditure per pupil on special education and\\nsuch other information as requested by the governor, the temporary\\npresident of the senate, or the speaker of the assembly. To the extent\\npracticable, all such information shall be displayed on both a statewide\\nand individual district basis and by racial/ethnic group and gender. The\\nregents are authorized to require school districts, boards of\\ncooperative educational services and nonpublic schools to provide such\\ninformation as is necessary to prepare the report. In preparing the\\nreport, the regents shall consult with other interested parties,\\nincluding local school districts, teachers' and faculty organizations,\\nschool administrators, parents and students.\\n 2. The annual report shall specifically identify school districts (i)\\nhaving fifteen percent or more of their students in special education;\\nor (ii) having fifty percent or more of their students with disabilities\\nin special education programs or services sixty percent or more of the\\nschool day in a general education building; or (iii) having eight\\npercent or more of their students with disabilities in special education\\nprograms in public or private separate educational settings. Such report\\nshall also present each district's percent and the statewide percent for\\neach such measure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "215-B", "title" : "Annual report by commissioner to governor and legislature", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "215-B", "activeDate" : "2014-09-22", "sequenceNo" : 80, "repealedDate" : null, "fromSection" : "215-B", "toSection" : "215-B", "text" : " § 215-b. Annual report by commissioner to governor and legislature.\\nThe commissioner shall prepare and submit to the governor, the president\\npro tem of the senate and the speaker of the assembly not later than\\nJanuary first, nineteen hundred ninety-six and by the first day of\\nJanuary in each year thereafter, a report detailing the financial and\\nstatistical outcomes of boards of cooperative educational services which\\nshall, at minimum, set forth with respect to the preceding school year:\\ntuition costs for selected programs; standard per pupil cost information\\nfor selected services as determined by the commissioner; and aggregate\\nexpenditure data for the following categories: administration,\\ninstructional services, career education, special education, rent and\\nfacilities and other services; and such other information as deemed\\nappropriate by the commissioner. The format for such report shall be\\ndeveloped in consultation with school district officials and the\\ndirector of the budget. Such report will include changes from the year\\nprior to the report year for each such item for all boards of\\ncooperative educational services. Such report shall be distributed to\\nall school districts and boards of cooperative educational services and\\nshall be made available to all other interested parties upon request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "215-C", "title" : "Promoting cost-effectiveness in public elementary and secondary schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "215-C", "activeDate" : "2014-09-22", "sequenceNo" : 81, "repealedDate" : null, "fromSection" : "215-C", "toSection" : "215-C", "text" : " § 215-c. Promoting cost-effectiveness in public elementary and\\nsecondary schools. 1. Definitions. For the purposes of this section,\\nthe following terms shall have the following meanings:\\n (a) \"cost-effectiveness\" shall mean one or more measures of the\\nefficient use of school district resources relative to school\\nperformance in accordance with state educational standards, as\\ndetermined by the department.\\n (b) \"cost-effective practices\" shall mean those practices which most\\nefficiently use limited resources to produce a particular outcome or set\\nof outcomes in accordance with state educational standards.\\n (c) \"board\" shall mean the board of regents of the state of New York.\\n 2. The board and the commissioner shall wherever practicable promote\\ncost-effectiveness and cost-effective practices in the public elementary\\nand secondary schools and boards of cooperative educational services of\\nthe state. As part of the effort pursuant to this section, by January\\nfirst, nineteen hundred ninety-eight and periodically thereafter, the\\ncommissioner shall (a) identify current structures, policies, laws and\\nregulations which hinder cost-effectiveness in schools and school\\ndistricts; (b) identify cost-effective districts by determining which\\nschools or school districts have demonstrated significant achievement or\\nimprovement relative to resource allocation in such areas as student\\nperformance, instruction, management, business administration, early\\nchildhood education and such other areas as the board deems appropriate;\\n(c) identify cost-effective action, policies, practices and programs\\nwhich may be successfully replicated in other school districts; and (d)\\nrecommend or, to the extent feasible, develop specific cost-effective\\nways in which to encourage, recognize and reward academic improvement\\nand success in school districts, and remove existing penalties and\\nfiscal disincentives to such improvement or success.\\n 3. The commissioner shall consult with school district administrators,\\ndistrict superintendents and superintendents of schools, teachers,\\nschool board members, parents, students, non-pedagogical school support\\npersonnel, representatives from post-secondary institutions and other\\npertinent groups and individuals in determining cost-effective programs\\npursuant to subdivision two of this section.\\n 4. The commissioner shall disseminate information to school district\\nadministrators, school board members and other interested parties on how\\ncost-effective practices can be used and applied in school districts,\\nindividual schools and the classroom. Such information shall include a\\nsummary of exemplary cost-effective practices among school districts\\nreceiving apportionments pursuant to subparagraph one of paragraph h of\\nsubdivision fourteen of section thirty-six hundred two of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "215-D", "title" : "State university of New York report on economic development activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "215-D", "activeDate" : "2014-09-22", "sequenceNo" : 82, "repealedDate" : null, "fromSection" : "215-D", "toSection" : "215-D", "text" : " § 215-d. State university of New York report on economic development\\nactivities. The chancellor of the state university of New York shall\\nreport to the governor and to the legislature, on or before January\\nfirst, two thousand fifteen, on economic development activities\\nundertaken by the state university of New York. Such report shall\\ninclude, but not be limited to, expenditures of capital funds for\\neconomic development activities received from the empire state\\ndevelopment corporation, SUNY 2020 challenge grant projects, capital\\nexpenditures from other sources, and activities for the purpose of\\nsecuring START-UP NY approval.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "216", "title" : "Charters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "216", "activeDate" : "2014-09-22", "sequenceNo" : 83, "repealedDate" : null, "fromSection" : "216", "toSection" : "216", "text" : " § 216. Charters. Under such name, with such number of trustees or\\nother managers, and with such powers, privileges and duties, and subject\\nto such limitations and restrictions in all respects as the regents may\\nprescribe in conformity to law, they may, by an instrument under their\\nseal and recorded in their office, incorporate any university, college,\\nacademy, library, museum, or other institution or association for the\\npromotion of science, literature, art, history or other department of\\nknowledge, or of education in any way, associations of teachers,\\nstudents, graduates of educational institutions, and other associations\\nwhose approved purposes are, in whole or in part, of educational or\\ncultural value deemed worthy of recognition and encouragement by the\\nuniversity. No school; college; university or other entity providing\\npost secondary education; library; or museum or historical society shall\\nbe incorporated under the business corporation law, the not-for-profit\\ncorporation law, or any other general law without the consent of the\\ncommissioner or, in the case of a college or university, without the\\nwritten authorization of the Regents. Any other entity incorporated for\\neducational purposes may be formed under the business corporation law or\\nthe not-for-profit corporation law without the consent of the\\ncommissioner, provided that such institution or association submits a\\ncertified copy of the certificate of incorporation to the commissioner\\nwithin thirty days after the corporation receives confirmation from the\\ndepartment of state that the certificate has been accepted for filing.\\n No individual, association, partnership, company or corporation not\\nauthorized by special charter from the legislature of this state or by\\ncharter from the regents to operate a museum, or arboretum shall\\nknowingly use, advertise or transact business under the names \"museum,\"\\nor \"arboretum,\" or any name, title or descriptive material indicating or\\ntending to imply that said individual, association, partnership, company\\nor corporation conducts, carries on, or is such a business when it is\\nnot, or that it is authorized to operate as such, unless the right to do\\nso has been granted by the regents or the commissioner in writing. Any\\nviolation of this paragraph shall be a misdemeanor. Notwithstanding any\\nother provision of this section, an individual, association,\\npartnership, company or corporation doing business under any of such\\nnames on the effective date of this paragraph may come into compliance\\nwith this paragraph by obtaining consent of the regents or the\\ncommissioner within one year of such effective date.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "216-A", "title" : "Applicability of not-for-profit corporation law", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-02", "2017-08-18" ], "docLevelId" : "216-A", "activeDate" : "2014-09-22", "sequenceNo" : 84, "repealedDate" : null, "fromSection" : "216-A", "toSection" : "216-A", "text" : " § 216-a. Applicability of not-for-profit corporation law. 1. The term\\n\"education corporation\" as used in this section means a corporation (a)\\nchartered or incorporated by the regents or otherwise formed under this\\nchapter, or (b) formed by a special act of this state with its principal\\npurpose an education purpose and which is a member of the university of\\nthe state of New York, or (c) formed under laws other than the statutes\\nof this state which, if it were to be formed currently under the laws of\\nthis state, might be chartered by the regents, and which has been\\nauthorized to conduct its activities in this state by the regents or as\\nan authorized foreign education corporation with the consent of the\\ncommissioner. A corporation as defined in the business corporation law\\nis not an education corporation under this section.\\n 2. An education corporation formed prior to September first, nineteen\\nhundred seventy-three which has authority to issue stock, is subject to\\nthe business corporation law in all matters involving shares of stock.\\nTo that extent, the not-for-profit corporation law does not apply to\\nsuch education corporation.\\n 3. A corporation within clause (c) of subdivision one of this section\\n(a) may be granted authority to conduct activities in this state by the\\nregents pursuant to this section and subject to such provisions, not\\ninconsistent with this section, as the regents may prescribe, or (b)\\nwith the consent of the commissioner, may receive authority under\\narticle 13 (Foreign Corporations) of the not-for-profit corporation law\\nto conduct activities in this state as an authorized foreign\\nnot-for-profit corporation. If required by the commissioner and subject\\nto such provisions, not inconsistent with this section, as he may\\nprescribe, an authorized foreign not-for-profit corporation shall be\\ndesignated as an \"authorized foreign education corporation\" in its\\ncertificate of authority filed with the department of state. A foreign\\ncorporation granted authority by the regents hereunder or an \"authorized\\nforeign education corporation\" is an \"education corporation\" under this\\nsection.\\n 4. Except as provided in subdivisions 2 and 3 of this section, the\\nnot-for-profit corporation law applies to a domestic education\\ncorporation and an authorized foreign education corporation, provided\\nthat:\\n a. If a provision of the not-for-profit corporation law conflicts with\\na provision of this chapter or of a special act by which an education\\ncorporation is formed, the provision of this chapter or of such special\\nact shall prevail and the not-for-profit corporation law shall not apply\\nin such case. If an applicable provision of this chapter or of such\\nspecial act relates to a matter embraced in the not-for-profit\\ncorporation law but is not in conflict therewith, both provisions shall\\napply.\\n b. An education corporation to which the not-for-profit corporation\\nlaw is made applicable by this section shall be treated as a \"corp-\\noration\", \"domestic corporation\", \"foreign corporation\", or \"authorized\\nforeign corporation\" as such terms are used in the not-for-profit\\ncorporation law as modified by this section, except that the purposes of\\nan education corporation shall not thereby be extended.\\n c. The following provisions of the not-for-profit corporation law\\nshall not apply to education corporations: section one hundred five,\\nsection one hundred fourteen, paragraph (a) of section two hundred one,\\nparagraphs (b) and (c) of section two hundred two, section two hundred\\nfive, section three hundred one, section three hundred two, section\\nthree hundred three, article four except paragraphs (b) through (p) of\\nsection four hundred four and section four hundred five, section five\\nhundred nine, section five hundred twenty-one to the extent that it\\nrefers to paragraph (d) of section seven hundred six, article eight\\nexcept section eight hundred four, section nine hundred seven, section\\none thousand twelve and article fourteen.\\n d. The following adjusting provisions shall apply in the application\\nof the not-for-profit corporation law under this section:\\n (1) The opening clause of paragraph (a) of section one hundred twelve\\nshall read: \"At the request of the regents of the university of the\\nstate of New York, the attorney-general may maintain an action or\\nspecial proceeding:\"\\n (2) The first sentence of section five hundred one shall read: \"Except\\nwhen the charter or certificate of incorporation so permits, a\\ncorporation shall not have stock or shares or certificates for stock or\\nfor shares, but may issue nontransferable membership certificates or\\ncards to evidence membership, whether or not connected with any\\nfinancial contribution to the corporation, as provided in section six\\nhundred one (Members). The fact that the corporation is an education\\ncorporation, and that the membership certificate or card is\\nnon-transferable shall be noted conspicuously on the face or back of\\neach such certificate or card.\"\\n (3) The first sentence of paragraph (b) of section five hundred eleven\\nshall read as follows: \"Upon presentation of the petition, the Court\\nshall direct that notice of the application be given promptly to the\\nattorney general and the commissioner, and in its discretion may direct\\nthat notice of the application be given, personally or by mail, to any\\nperson interested therein, as member, officer or creditor of the\\ncorporation.\"\\n (4) Paragraph (a) of section five hundred fifteen shall read as\\nfollows: \"Except when the charter or certificate of incorporation\\nauthorizes the issuance of stock, a corporation shall not pay dividends\\nor distribute any part of its income or profit to its members, directors\\nor officers.\"\\n (5) Section five hundred twenty shall include after the words, \"suit\\nof the attorney general\" the following words, \"at the request of the\\nregents of the university of the state of New York,\"\\n (6) Paragraph (b) of section seven hundred three, and section seven\\nhundred four shall not reduce the term of office of directors as\\nprovided in the charter or certificate of incorporation of a\\ncorporation, or of the number of classes into which its board is\\ndivided, if, as of September first, nineteen hundred seventy-three, such\\nterm of office of a director is greater than five years or the board is\\ndivided into more than five classes. Such term of office or number of\\nclasses shall not be increased after September first, nineteen hundred\\nseventy-three.\\n (7) The requirement of the affirmative vote of a majority of the\\nentire board under paragraph (f) of section seven hundred fifteen for\\nfixing the salaries of officers, if not done in or pursuant to the\\nby-laws, shall not apply where the number of the entire board is over\\ntwenty. In such case the affirmative vote of a number of directors at\\nleast equal to the applicable quorum requirement of such board for the\\ntransaction of business shall be sufficient.\\n (8) Section seven hundred sixteen shall not apply to a loan by an\\neducation corporation if its board, in the discharge of its duty to the\\ncorporation, finds that such loan (1) is in the best interests of the\\neducation corporation and (2) is (a) to an officer or director thereof\\npursuant to a plan of employee or faculty assistance, or (b) to a busi-\\nness corporation the shares of which are wholly owned by such education\\ncorporation, or (c) to a not-for-profit corporation which is controlled\\nby such education corporation, or by a group of education corporations\\nincluding such education corporation, or (d) to any corporation on the\\nboard of which a director or officer of such education corporation is\\nserving as a director at the request of the board of such lending\\neducation corporation; provided, however, that any loan by an education\\ncorporation to any corporation or other entity in which a director or\\nofficer of such education corporation has, directly or indirectly, a\\nsubstantial financial interest, is prohibited. The provisions of this\\nsubparagraph shall not apply to a private foundation under section two\\nhundred sixteen-b of this chapter.\\n (9) The opening clause of paragraph (b) of section seven hundred\\ntwenty shall read as follows: \"An action may be brought for the relief\\nprovided in this section and in paragraph (a) of section seven hundred\\nnineteen (Liabilities of director in certain cases) by the attorney\\ngeneral at the request of the regents of the university of the state of\\nNew York, by the corporation, or, in the right of the corporation, by\\nany of the following:\"\\n (10) Under section nine hundred six, if any constituent corporation or\\nthe consolidated corporation is or would be an education corporation,\\nthe consent of the commissioner shall be endorsed on or annexed to the\\ncertificate of merger or consolidation prior to the filing by the\\ndepartment of state.\\n (11) In addition to the requirements of section nine hundred nine\\n(Consent to filing), the consent of the regents shall be endorsed on or\\nannexed to a certificate of merger or consolidation if any constituent\\nor consolidated corporation was chartered, or formed by special act with\\na purpose for which a corporation might be created by the regents.\\n (12) The opening clause of paragraph (a) of section eleven hundred one\\nshall read: \"At the request of the regents of the university of the\\nstate of New York, the attorney general may bring an action for the\\ndissolution of a corporation upon one or more of the following grounds:\"\\n (13) The opening clause of paragraph (a) of section eleven hundred two\\nshall read: \"With the consent of the regents of the university of the\\nstate of New York, a petition for the judicial dissolution of a\\ncorporation may be presented:\"\\n (14) The opening clause of paragraph (a) of section twelve hundred two\\nshall read: \"Upon notice to the attorney general and the commissioner, a\\nreceiver of the property of a corporation can be appointed only by the\\ncourt, and in one of the following cases:\"\\n e. Any reference in the not-for-profit corporation law to the delivery\\nof any certificate or other instrument to the department of state for\\nfiling shall refer to and provide for corresponding action of the\\nregents or the commissioner relating thereto, as the case may be, except\\nthat in cases where the commissioner consents to the filing under\\narticle thirteen of the not-for-profit corporation law of a certificate\\nof authority in which the authorized foreign corporation is designated\\nas an \"authorized foreign education corporation\", filing under article\\nthirteen shall mean filing with the department of state.\\n 5. Every corporation to which the not-for-profit corporation law is\\nmade applicable by this section, is a charitable corporation as defined\\nin paragraph (a) of section one hundred two (Definitions) of the\\nnot-for-profit corporation law under all applicable provisions of that\\nlaw.\\n 6. From and after the effective date of this section the general\\ncorporation law shall not apply to an education corporation.\\n 7. For the purpose of this section and elsewhere in this chapter, the\\neffective date of the not-for-profit corporation law as to corporations\\nto which the not-for-profit corporation law is made applicable by this\\nsection, shall be September one, nineteen hundred seventy-three.\\n 8. Nothing in this section shall impair the rights and powers,\\notherwise granted by law, of the courts or the attorney general of this\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "216-B", "title" : "Private foundations, as defined in the United States internal revenue code of 1954: provisions included in the charter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "216-B", "activeDate" : "2014-09-22", "sequenceNo" : 85, "repealedDate" : null, "fromSection" : "216-B", "toSection" : "216-B", "text" : " § 216-b. Private foundations, as defined in the United States internal\\nrevenue code of 1954: provisions included in the charter.\\n 1. The following provisions are hereby included in the charter,\\nheretofore or hereafter granted under this chapter, to incorporate an\\ninstitution or association (chartered organization) which is a private\\nfoundation as defined in section 509 of the United States internal\\nrevenue code of 1954 (\"Code\").\\n a. The chartered organization shall distribute such amounts for each\\ntaxable year at such time and in such manner as not to subject the\\nchartered organization to tax on undistributed income under section 4942\\nof the code.\\n b. The chartered organization shall not engage in any act of\\nself-dealing which is subject to tax under section 4941 of the code.\\n c. The chartered organization shall not retain any excess business\\nholdings which are subject to tax under section 4943 of the code.\\n d. The chartered organization shall not make any investments in such\\nmanner as to subject the corporation to tax under section 4944 of the\\ncode.\\n e. The chartered organization shall not make any taxable expenditures\\nwhich are subject to tax under section 4945 of the code. Except as\\nprovided in subdivision two, this subdivision applies notwithstanding\\nany other provision of the charter or any direction in an instrument by\\nwhich assets were transferred to the chartered organization.\\n 2. Subdivision 1 shall not apply to the extent that it conflicts with\\nany mandatory direction in an instrument by which assets were\\ntransferred to the chartered organization prior to the effective date of\\nthis section unless such conflicting direction is removed as\\nimpracticable under article eight of the estates, powers and trusts law\\nor in any other manner provided by law. The absence of a specific\\nprovision in such an instrument for the current use of the principal of\\nthe fund, or the presence in such an instrument of a provision, as to\\nthe principal of the fund, limited to the principal's being held,\\ninvested and reinvested, is not such a conflicting mandatory direction.\\n 3. All references in this section to sections of the code shall be to\\nsections as amended from time to time, or to corresponding provisions of\\nsubsequent internal revenue laws.\\n 4. Nothing in this section shall impair the rights and powers of the\\ncourts or the attorney-general of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "216-C", "title" : "Special provisions for cutlery and knife museums that exhibit automatic knives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "216-C", "activeDate" : "2014-09-22", "sequenceNo" : 86, "repealedDate" : null, "fromSection" : "216-C", "toSection" : "216-C", "text" : " § 216-c. Special provisions for cutlery and knife museums that exhibit\\nautomatic knives. 1. For the purposes of this section:\\n a. \"automatic knife\" has the meaning defined therefor in subdivision\\nfive-c of section 265.00 of the penal law.\\n b. \"cutlery and knife museum\" means either: (i) a cutlery and knife\\nmuseum or institution that is located in Orange, Sullivan, or Ulster\\ncounty which is devoted to the public exhibition, display, or\\ndemonstration of cutlery and knives, including an automatic knife\\ncollection, and is incorporated for the promotion of art, education,\\nhistory, and science, or for preserving the cultural significance of the\\nmanufacture of knives and cutlery in the Hudson valley and throughout\\nthe United States, or (ii) any other museum or institution, which is not\\nlocated in a city having a population of one million or more, that is\\nincorporated for the promotion of art, education, history, and science\\nand which offers for public display or exhibition an automatic knife\\ncollection.\\n 2. A cutlery and knife museum that wishes to exhibit, show, or\\ndisplay, in whole or in part, an automatic knife collection may be\\nchartered, established, or otherwise permitted to operate and conduct\\nits business pursuant to the provisions of this section and section two\\nhundred sixteen of this part. Any such museum shall also be subject to\\nthe other sections of this part applicable to museums or institutions;\\nprovided that this section shall supersede any inconsistent provision of\\nany other section of this part applicable to museums or institutions,\\nexcept section two hundred sixteen of this part.\\n 3. All applicants for a cutlery and knife museum subject to the\\nprovisions of this section, who plan to exhibit, show, or display\\nautomatic knives, shall be fingerprinted. Any other person thereafter\\nseeking to become a director, officer, employee, or agent of such museum\\nshall be fingerprinted. Such fingerprints shall be submitted to the\\ndivision of criminal justice services for a state criminal history\\nrecord check, as defined in subdivision one of section three thousand\\nthirty-five of this chapter, and may be submitted to the federal bureau\\nof investigation for a national criminal history record check.\\n 4. Every museum that contains, displays, exhibits or demonstrates\\ncutlery, knives and/or automatic knives that are unlawful to possess in\\nthis state shall implement and submit for approval a security plan for\\nsecuring such cutlery, knives and automatic knives to the division of\\nstate police or police department or sheriff's office having\\njurisdiction over the museum. The security plan will detail specific\\nmeasures that would be used to prevent the unlawful use of such items.\\nThe division of state police or police department or sheriff's office\\nhaving jurisdiction over the museum shall review the plan and certify\\nwhether it meets statutory requirements. Such plan must satisfy at least\\nthe following requirements:\\n a. The building in which all cutlery, knife and automatic knife\\ncollections are housed shall be secured against unauthorized entry,\\nusing heavy duty locks and doors that are resistant to damage, and\\nwindows shall be resistant to breakage.\\n b. The display and exhibition cases shall be securely locked at all\\ntimes except when removing a single cutlery, knife or automatic knife\\nitem to be placed in storage or on display; and\\n c. When not displayed, all cutlery, knives and automatic knives shall\\nbe secured in a locked fireproof safe or vault on the premises or in a\\nsimilar secured and locked area.\\n 5. All cutlery and knife museums subject to the provisions of this\\nsection that wish to ship or loan cutlery, knives or automatic knives to\\nother licensed museums shall notify in writing and obtain approval from\\nthe division of state police. Additionally, any museum that does not\\ncontain, display, exhibit or demonstrate cutlery, knives or automatic\\nknives that are unlawful to possess prior to the effective date of this\\nsection shall implement and submit for approval a security plan pursuant\\nto subdivision four of this section prior to obtaining such items.\\n 6. No cutlery and knife museum, subject to the provisions of this\\nsection, may introduce automatic knives into its premises until the\\ndivision of state police or police department or sheriff's office having\\njurisdiction over the museum has inspected the equipment and building\\nfeatures specified in subdivisions four and five of this section and\\ncertified in writing that all of them are in compliance with their\\nstatutory requirements.\\n 7. All cutlery and knife museums, subject to the provisions of this\\nsection, shall be allowed to possess, own, collect, accept, and purchase\\nautomatic knives to further their activities to promote art, education,\\nhistory, and science, and for the preservation of the cultural\\nsignificance of the manufacture of cutlery and knives in New York state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "217", "title" : "Provisional charters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "217", "activeDate" : "2014-09-22", "sequenceNo" : 87, "repealedDate" : null, "fromSection" : "217", "toSection" : "217", "text" : " § 217. Provisional charters. On evidence satisfactory to the regents\\nthat the conditions for an absolute charter will be met within a\\nprescribed time, they may grant a provisional charter which shall be\\nreplaced by an absolute charter when the conditions have been fully met;\\notherwise, after the specified time, on notice from the regents to this\\neffect, the provisional charter shall terminate and become void and\\nshall be surrendered to the regents. No such provisional charter shall\\ngive power to confer degrees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "218", "title" : "Conditions of incorporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "218", "activeDate" : "2014-09-22", "sequenceNo" : 88, "repealedDate" : null, "fromSection" : "218", "toSection" : "218", "text" : " § 218. Conditions of incorporation. 1. No institution shall be given\\npower to confer baccalaureate or higher degrees in this state unless it\\nshall have financial resources which, in the judgment of the regents,\\nare adequate to insure satisfactory conduct of its degree program and\\nachievement of its stated educational goals; and no institution for\\nhigher education shall be incorporated without suitable provision,\\napproved by the regents, for educational resources and programs. No\\ninstitution shall institute or have any faculty or department of\\neducation in any place or be given power to confer any degree not\\nspecifically authorized by its charter; and no corporation shall, under\\nauthority of any general act, extend its business to include\\nestablishing or carrying on any educational institution or work, without\\nthe consent of the board of regents.\\n 2. No institution shall be given power to confer associate degrees in\\nthis state unless it shall possess financial resources which, in the\\njudgment of the regents, are adequate to insure satisfactory conduct of\\nits degree programs and achievement of its stated educational goals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "219", "title" : "Change of name or charter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "219", "activeDate" : "2014-09-22", "sequenceNo" : 89, "repealedDate" : null, "fromSection" : "219", "toSection" : "219", "text" : " § 219. Change of name or charter. 1. The regents may, at any time, for\\nsufficient cause, by an instrument under their seal and recorded in\\ntheir office, change the name, or alter, suspend or revoke the charter\\nor certificate of incorporation of any domestic corporation which they\\nmight incorporate under section two hundred sixteen, or any certificate\\nof authority of a foreign corporation which they have issued or to which\\nthe commissioner has consented, (a) if subject to their visitation, or,\\n(b) if authorized, chartered or incorporated by the regents or under a\\ngeneral law; provided that, unless on three-fourths request of the\\ntrustees of the corporation, no name shall be changed and no charter or\\ncertificate shall be altered, suspended or revoked, nor shall any rights\\nor privileges thereunder be suspended or repealed by the regents, until\\nthey have mailed to the usual address of every director or trustee of\\nthe corporation concerned at least thirty days' notice of a hearing when\\nany objections to the proposed change will be considered, and until\\nordered by a vote at a meeting of the regents at which the notices have\\nspecified that action is to be taken on the proposed change. A certified\\ncopy of such order of the regents, under their seal, to change the name,\\nor alter, suspend or revoke a certificate of incorporation of any\\ndomestic corporation filed by the department of state under a general\\nlaw, or certificate of authority of any foreign corporation filed by the\\ndepartment of state under a general law, shall be delivered by the\\nregents to such department. The order shall become effective upon the\\nfiling of such certified copy by the department of state.\\n 2. Any notice to a trustee whose address is not readily ascertainable\\nmay be mailed to him in care of the institution. Where it appears that\\nany institution incorporated by the regents has ceased to function, and\\nthe regents after diligent effort are unable to ascertain the names of\\nthe surviving trustees, if any, and their addresses or any address for\\nthe institution formerly maintained by the corporation, and are\\ntherefore unable to send the thirty-day notice to the trustees in the\\nmanner prescribed in this section, they may give such thirty days'\\nnotice by causing the same to be published once a week for three\\nsuccessive weeks prior to the date of such hearing in a daily or weekly\\nnewspaper published or printed in the place where the said corporation\\nor its principal office is or was located; or if there be no such paper,\\nthen in a daily or weekly paper published or printed within the county,\\nif there be one, or, if not, in an adjoining county to that in which\\nsuch corporation or its principal office is or was located.\\n 3. Whenever the trustees of any such corporation shall determine, upon\\nthree-fourths vote to dissolve the corporation, they may petition the\\nregents to issue an order of dissolution. If it appears to the\\nsatisfaction of the regents that there is no sufficient reason for the\\ncontinuance of the corporation that all taxes chargeable to the\\ncorporation have been paid, and, if the corporation has stock\\nprovisions, that the outstanding stock has been surrendered for\\ncancellation, the regents shall thereupon have power to dissolve the\\ncorporation.\\n 4. Whenever the charter or incorporation of an institution is revoked\\nor an order of dissolution made pursuant to the provisions of this\\nsection, it shall be the duty of the trustees and/or the custodians of\\nthe permanent academic records of such institution to file the same with\\nthe state education department, or with such other agency as may be\\napproved by said department where they shall be kept available for\\nfuture reference. In the event, however, that an application is made to\\nthe supreme court for an order directing the disposition of assets of\\nsuch educational corporation pursuant to the provisions of section two\\nhundred twenty of this chapter and such order is thereupon made, the\\ndisposition of such permanent academic records may be directed therein.\\nA copy of the order shall be filed with the education department by the\\napplicant and such order shall so provide.\\n 5. An education corporation may file an assumed name certificate\\npursuant to section one hundred thirty of the general business law,\\nprovided that the consent of the regents is endorsed or annexed thereto.\\nAny education corporation that has filed an assumed name certificate\\nwith the secretary of state prior to the effective date of this\\nsubdivision shall file a copy of such certificate with the department no\\nlater than ninety days after the effective date of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "220", "title" : "Distribution of assets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "220", "activeDate" : "2014-09-22", "sequenceNo" : 90, "repealedDate" : null, "fromSection" : "220", "toSection" : "220", "text" : " § 220. Distribution of assets. 1. Whenever the regents have revoked\\nthe charter of any educational corporation or dissolved such corporation\\npursuant to section two hundred nineteen of this chapter or whenever a\\nprovisional charter has expired, if the corporation has assets the board\\nof trustees shall, within three months after such revocation,\\ndissolution or expiration, petition the supreme court in the judicial\\ndistrict where the principal office of the corporation is or was located\\nfor an order directing the disposition of any and all property belonging\\nto the corporation. Such petition shall be duly verified and shall set\\nforth a complete statement of all the assets, together with their\\nlocation and an estimate of their value, and also a statement of the\\nascertainable debts of the corporation.\\n 2. Such petition shall be accompanied by proof that notice of the time\\nand place of such intended application to said court has been duly\\npublished once in each week for at least four weeks successively, next\\npreceding such application, in a newspaper circulated in the county\\nwhere such corporation is located.\\n 3. A copy of such petition shall be served upon the regents and the\\nattorney general not less than ten days prior to such application.\\n 4. The court shall direct the sale of sufficient designated assets to\\npay any outstanding debts and the cost of dissolution. The regents and\\nthe board of trustees may present to the court their recommendation as\\nto the disposition of the remaining property of the corporation if there\\nbe library books, objects of art or of historical significance, as far\\nas possible they shall not be sold but shall be transferred to\\nlibraries, museums or educational institutions willing to accept them.\\nIf a charter contains a provision indicating a proposed disposition of\\nthe assets in case of dissolution, such provision shall be followed by\\nthe court in its order as far as practicable. If there be any surplus\\nmoneys after payment of debts and the expenses of liquidation, the court\\nmay direct that the same be devoted and applied to any such educational,\\nreligious, benevolent, charitable or other objects or purposes as the\\nsaid trustees may indicate by their petition and the said court may\\napprove.\\n 5. Upon the revocation of the charter of an educational corporation or\\nits dissolution, the trustees of such corporation shall be empowered to\\ncontinue in office for the purpose of settlement of the affairs of the\\ncorporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "221", "title" : "Dissolution of educational institution by stockholders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "221", "activeDate" : "2014-09-22", "sequenceNo" : 91, "repealedDate" : null, "fromSection" : "221", "toSection" : "221", "text" : " § 221. Dissolution of educational institution by stockholders. 1.\\nMeeting to consider application for dissolution, when to be called. The\\ntrustees of any educational corporation chartered by regents or subject\\nto their visitation and having capital stock, may, and upon the written\\napplication of any person owning or lawfully holding one-third of the\\nsaid capital stock, must call a general meeting of the stockholders of\\nthe said corporation as hereinafter provided, for the purpose of\\ndetermining whether or not such corporation shall surrender its charter\\nand be dissolved and its property distributed among the stockholders\\nthereof.\\n 2. Notice thereof, how published. The notice for such general meeting\\nmust state the object thereof and be subscribed by the chairman or other\\nacting presiding officer and the secretary or acting secretary of the\\nsaid corporation or board of trustees; it shall be published once a week\\nfor three successive weeks prior to such meeting in a daily or weekly\\nnewspaper circulated in the place where the principal office of such\\ncorporation is located; or if there be no such paper, then in a daily or\\nweekly paper circulated within the county, if there be one, or, if not,\\nin an adjoining county to that in which such corporation is located.\\n 3. Vote requisite for surrender of charter and dissolution. Whenever,\\nat a meeting of the stockholders called as hereinbefore provided, any\\nperson or persons holding or qualified to vote upon a majority of the\\ncapital stock of such educational corporation shall vote to surrender\\nthe charter thereof and to dissolve the corporation, the trustees of\\nsuch corporation, or a majority of them, must make and sign a\\ncertificate of such action, cause the same to be properly attested by\\nthe officers of the corporation and file the same, together with a copy\\nof the published notice for the meeting at which such action was taken,\\nand due proof of the publication thereof, in the office of the board of\\nregents of the university of the state of New York and thereupon, if the\\nsaid proceedings shall have been regularly conducted as above\\nprescribed, the charter of said corporation shall be deemed to be\\nsurrendered and the said corporation dissolved.\\n 4. Powers of trustees of educational corporations upon dissolution.\\nUpon the dissolution of such educational corporation as herein provided,\\nor upon the revocation by the regents, pursuant to section two hundred\\nnineteen of this chapter, of the charter of an educational corporation\\nhaving outstanding shares of stock, the trustees thereof shall forthwith\\nbecome and be trustees of the creditors and stockholders of the\\ncorporation dissolved. They shall have full power to settle the affairs\\nof the said corporation; to collect and pay the outstanding debts; to\\nsue for and recover debts and property thereof by the name of the\\ntrustees of such corporation; to sell and dispose of the property\\nthereof, at public or private sale, and to divide among the stockholders\\nthe moneys or other property that shall remain after the payment of\\ndebts and necessary expenses.\\n 5. Notice to creditors to present claims, how published. The said\\ntrustees shall, after the dissolution of the said corporation, insert in\\na newspaper circulated in the place where the principal office of said\\ncorporation is located, or if there be none such then in a newspaper\\ncirculated within the county, if there be one, or, if not, in an\\nadjoining county, a notice once in each week for three successive\\nmonths, requiring all persons having claims against the said corporation\\ndissolved to present the same with proof thereof to the said trustees at\\nthe place designated in such notice, on or before a day therein named\\nwhich shall be not less than three months from the first publication\\nthereof. In case any action shall be brought upon any claim which shall\\nnot have been presented to the said trustees within three months from\\nthe first publication of such notice, the said trustees shall not be\\nchargeable for any assets, moneys or proceeds of the said corporation\\ndissolved, which they may have paid in satisfaction of other claims\\nagainst the said corporation, or in making distribution to the\\nstockholders thereof, before the commencement of such action.\\n 6. Surrender of stock scrip, upon distribution to shareholders. Upon\\nthe distribution by the said trustees of assets or property, or the\\nproceeds thereof, of the dissolved corporation among its stockholders,\\nthe said trustees may require the certificates of ownership of capital\\nstock, if such have been issued, standing in the name of any stockholder\\nclaiming a distributive share, or under whom such share is claimed, to\\nbe surrendered for cancellation by such stockholder or person claiming\\nthe said share. In the event of the non-production of any such\\ncertificate, the said trustees may require satisfactory proof of the\\nloss thereof, or of any other cause for such non-production, together\\nwith such security as they may prescribe, before payment of the\\ndistributive share to which the person claiming upon such share of stock\\nmay appear to be entitled.\\n 7. Notice of distribution, to absent and unknown shareholders. In\\ncase the said trustees upon such distribution by them of assets or\\nproperty, or the proceeds thereof, of the dissolved corporation among\\nits stockholders, shall be unable to find any of the said stockholders\\nor the persons lawfully owning or entitled to any portion of the said\\ncapital stock, they shall give notice in the manner hereinabove provided\\nfor calling the general meeting of stockholders of such distribution, to\\nthe persons in whose names such stock shall stand upon the books of the\\nsaid corporation, requiring them to appear at a time and place\\ndesignated, to receive the portion of such assets or property to which\\nthey may be entitled; in case of the failure of any such persons to so\\nappear, it shall be lawful for the said trustees to pay over and deliver\\nto the county treasurer of the county wherein the principal office of\\nsuch corporation was located, or to any trust company or other\\ncorporation located within such county and authorized to receive moneys\\non deposit under order or judgment of a court of record, the proportion\\nof the assets, property or proceeds aforesaid which such non-appearing\\nstock bears to the whole stock; the said trustees shall also deliver\\ntherewith a list of the persons entitled to receive the same, together\\nwith the separate amounts to which they shall be severally entitled.\\n 8. Liability of trustees, when to cease. Upon the payment and\\ndischarge of the debts and obligations of the corporation dissolved, as\\nhereinbefore provided, and the distribution of its assets, property and\\nproceeds among the stockholders thereof, and due provision made, as\\nhereinabove prescribed, for the interests of non-appearing stockholders\\nand such as can not be found, the said trustees shall become and be\\nrelieved and discharged from further duty, liability and responsibility\\nby reason of their relation to the said corporation, or towards the\\nstockholders thereof.\\n 9. Duties and liabilities of custodians. Any county treasurer, trust\\ncompany or other corporation to whom assets, property or proceeds shall\\nbe delivered as herein provided, shall hold the same in trust for the\\npersons designated and entitled to receive it; and upon receiving\\nsatisfactory proof of the right and title thereto, or upon the order of\\nany court of record competent to adjudicate thereupon, shall pay over\\nand deliver to any persons entitled to receive the same the portion of\\nsuch proceeds, property or assets to which they shall be entitled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "222", "title" : "Suspension of operations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "222", "activeDate" : "2014-09-22", "sequenceNo" : 92, "repealedDate" : null, "fromSection" : "222", "toSection" : "222", "text" : " § 222. Suspension of operations. If any institution in the university\\nshall discontinue its educational operations without cause satisfactory\\nto the regents, it shall surrender its charter to them, subject,\\nhowever, to restoration whenever arrangements satisfactory to the\\nregents are made for resuming its work.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "223", "title" : "Consolidation or merger of corporations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "223", "activeDate" : "2014-09-22", "sequenceNo" : 93, "repealedDate" : null, "fromSection" : "223", "toSection" : "223", "text" : " § 223. Consolidation or merger of corporations. Any two or more\\ncorporations chartered under the powers of the regents or incorporated\\nunder a special act of the legislature or under a general law for\\npurposes for which a charter may be granted by the regents may enter\\ninto an agreement for the consolidation or merger of such corporations,\\nsetting forth the terms and conditions of consolidation or merger, the\\nname of the proposed consolidated or merged corporation, the place or\\nplaces where the institution or institutions to be maintained is or are\\nto be located, the number of its directors, which may be five or more,\\nthe time of the annual election and the names of the persons to be\\ndirectors until the first or next annual meeting.\\n The agreement must be approved by three-fourths of the trustees or\\ndirectors of such corporations at a meeting of the trustees or directors\\nof each corporation, separately and specially called for that purpose,\\nwhich approval, duly verified by the chairman and clerk of such meeting,\\nshall be annexed to the petition. On presentation of a petition,\\ntogether with the certificate of approval and the agreement for\\nconsolidation or merger, and on such notice to interested parties as the\\nregents shall prescribe, and after hearing such interested parties as\\ndesire to be heard, the regents may make and execute an order for the\\nconsolidation or merger of the corporations on such terms and conditions\\nas the regents may prescribe. When such order is made, such corporations\\nshall become one corporation by the name designated in the order, and\\nshall be subject only to such duties and obligations as a corporation\\nformed under this chapter for the same purposes; and all the property\\nbelonging to the corporations so consolidated or merged shall be vested\\nin and transferred to the new or surviving corporation, which shall be\\nsubject to all the liabilities of the former corporations, to the same\\nextent as if they had been contracted or incurred by it. If any\\ncorporation so consolidated or merged was incorporated under a special\\nact of the legislature or under a general law pursuant to which its\\ncertificate of incorporation was filed with the department of state, the\\nregents shall deliver a certified copy of the order of consolidation or\\nmerger to such department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "224", "title" : "Prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "224", "activeDate" : "2014-09-22", "sequenceNo" : 94, "repealedDate" : null, "fromSection" : "224", "toSection" : "224", "text" : " § 224. Prohibitions. 1. a. No individual, association, partnership or\\ncorporation not holding university, college or other degree conferring\\npowers by special charter from the legislature of this state or from the\\nregents, shall confer any degree or use, advertise or transact business\\nunder the name university or college, or any name, title or descriptive\\nmaterial indicating or tending to imply that said individual,\\nassociation, partnership or corporation conducts, carries on, or is a\\nschool of law, medicine, dentistry, pharmacy, veterinary medicine,\\nnursing, optometry, podiatry, architecture or engineering, unless the\\nright to do so shall have been granted by the regents in writing under\\ntheir seal.\\n b. Notwithstanding any other provision of law to the contrary, no\\nindividual, association, partnership or corporation operating an\\ninstitution on a for-profit basis and holding degree-conferring powers\\ngranted by the regents pursuant to this subdivision shall, through a\\nchange of ownership or control, convey, assign or transfer such\\ndegree-conferring authority without the consent of the regents. For\\npurposes of this subdivision, a change of ownership or control shall\\ninclude, but shall not be limited to, merger or consolidation with any\\ncorporation; sale, lease, exchange or other disposition of all or\\nsubstantially all of the assets of the institution; and the transfer of\\na controlling interest of the stock of a corporation.\\n 2. No person shall buy, sell or fraudulently or illegally make or\\nalter, give, issue or obtain or attempt to obtain by fraudulent means\\nany diploma, certificate or other instrument purporting to confer any\\nliterary, scientific, professional or other degree, or to constitute any\\nlicense, or a duplicate thereof, or any certificate of registration, or\\nto certify to the completion in whole or in part of any course of study\\nin any university, college, academy or other educational institution.\\n 3. No person, firm, association or corporation shall offer or\\notherwise advertise a college degree in the state of New York without\\nthe prior written approval of the department, in accordance with the\\nregulations of the commissioner of education, unless the institution\\noffering or advertising such a degree is accredited by at least one\\naccrediting commission recognized by the United States commissioner of\\neducation as a reliable authority for the purpose of accreditation at\\nthe post secondary level or unless the program leading to such degree is\\nregistered with the department of education of the state of New York. A\\nviolation of this subdivision is a violation punishable by a fine not to\\nexceed five hundred dollars. Any newspaper or other advertising medium\\nwhich carries said advertisement shall be exempt from the provisions of\\nthis subdivision.\\n 3-a. Notwithstanding the provisions of subdivision three of this\\nsection, the commissioner of education, boards of education, school\\nauthorities, or authorized school officers shall not be required to\\naccept for purposes of certification, recertification, licensure,\\nappointment, promotional increment, or salary differential for pedagogic\\npersonnel, any diploma, degree or course credit from a university,\\ncollege, academy, school or other institution of learning located\\noutside the state of New York if such diploma, degree or course credit\\nwas granted without the requirement of on-campus attendance and if\\ninstruction and testing was transacted primarily by correspondence.\\n Any person making application for certification, recertification,\\nlicensure, appointment, promotional increment or salary differential may\\nbe required by the commissioner, or by boards of education, school\\nauthorities or authorized school officers to submit a signed statement\\nor affidavit as part of such application to identify any diploma, degree\\nor course credit which was granted by a university, college, academy,\\nschool or other institution of learning located outside the state of New\\nYork if such diploma, degree or course credit was granted without the\\nrequirement of on-campus attendance and if instruction and testing was\\ntransacted primarily by correspondence. A willful and wrongful\\nmisrepresentation on such application shall constitute grounds for\\ndisciplinary action in accordance with the provisions of this chapter,\\nthe rules of the regents, the regulations of the commissioner, or the\\nby-laws, rules or regulations of such school authorities.\\n The provisions of this subdivision shall not apply to any diploma,\\ndegree or course credit completed before the effective date of this\\nsubdivision.\\n 4. No diploma or degree shall be conferred in this state except by a\\nregularly organized institution of learning meeting all requirements of\\nlaw and of the university, nor shall any person, with intent to deceive,\\nfalsely represent himself to have received any such degree or\\ncredential, nor shall any person append to his name any letters in the\\nsame form registered by the regents as entitled to the protection\\naccorded to university degrees, unless he shall have received from a\\nduly authorized institution the degree or certificate for which the\\nletters are registered. Counterfeiting or falsely or without authority\\nmaking or altering in a material respect any such credential issued\\nunder seal shall be a felony; any other violation of this section shall\\nbe a misdemeanor; and any person who aids or abets another, or\\nadvertises or offers himself to violate the provisions of this section,\\nshall be liable to the same penalties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "224-A", "title" : "Students unable because of religious beliefs to register or attend classes on certain days", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "224-A", "activeDate" : "2014-09-22", "sequenceNo" : 95, "repealedDate" : null, "fromSection" : "224-A", "toSection" : "224-A", "text" : " § 224-a. Students unable because of religious beliefs to register or\\nattend classes on certain days. 1. No person shall be expelled from or\\nbe refused admission as a student to an institution of higher education\\nfor the reason that he or she is unable, because of his or her religious\\nbeliefs, to register or attend classes or to participate in any\\nexamination, study or work requirements on a particular day or days.\\n 2. Any student in an institution of higher education who is unable,\\nbecause of his or her religious beliefs, to attend classes on a\\nparticular day or days shall, because of such absence on the particular\\nday or days, be excused from any examination or any study or work\\nrequirements.\\n 3. It shall be the responsibility of the faculty and of the\\nadministrative officials of each institution of higher education to make\\navailable to each student who is absent from school, because of his or\\nher religious beliefs, an equivalent opportunity to register for classes\\nor make up any examination, study or work requirements which he or she\\nmay have missed because of such absence on any particular day or days.\\nNo fees of any kind shall be charged by the institution for making\\navailable to the said student such equivalent opportunity.\\n 4. If registration, classes, examinations, study or work requirements\\nare held on Friday after four o'clock post meridian or on Saturday,\\nsimilar or makeup classes, examinations, study or work requirements or\\nopportunity to register shall be made available on other days, where it\\nis possible and practicable to do so. No special fees shall be charged\\nto the student for these classes, examinations, study or work\\nrequirements or registration held on other days.\\n 5. In effectuating the provisions of this section, it shall be the\\nduty of the faculty and of the administrative officials of each\\ninstitution of higher education to exercise the fullest measure of good\\nfaith. No adverse or prejudicial effects shall result to any student\\nbecause of his or her availing himself or herself of the provisions of\\nthis section.\\n 6. Any student, who is aggrieved by the alleged failure of any faculty\\nor administrative officials to comply in good faith with the provisions\\nof this section, shall be entitled to maintain an action or proceeding\\nin the supreme court of the county in which such institution of higher\\neducation is located for the enforcement of his or her rights under this\\nsection.\\n 6-a. It shall be the responsibility of the administrative officials\\nof each institution of higher education to give written notice to\\nstudents of their rights under this section, informing them that each\\nstudent who is absent from school, because of his or her religious\\nbeliefs, must be given an equivalent opportunity to register for classes\\nor make up any examination, study or work requirements which he or she\\nmay have missed because of such absence on any particular day or days.\\nNo fees of any kind shall be charged by the institution for making\\navailable to such student such equivalent opportunity.\\n 7. As used in this section, the term \"institution of higher education\"\\nshall mean any institution of higher education, recognized and approved\\nby the regents of the university of the state of New York, which\\nprovides a course of study leading to the granting of a post-secondary\\ndegree or diploma. Such term shall not include any institution which is\\noperated, supervised or controlled by a church or by a religious or\\ndenominational organization whose educational programs are principally\\ndesigned for the purpose of training ministers or other religious\\nfunctionaries or for the purpose of propagating religious doctrines. As\\nused in this section, the term \"religious belief\" shall mean beliefs\\nassociated with any corporation organized and operated exclusively for\\nreligious purposes, which is not disqualified for tax exemption under\\nsection 501 of the United States Code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "225", "title" : "Unlawful acts in respect to examinations and records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-18", "2018-07-13" ], "docLevelId" : "225", "activeDate" : "2014-09-22", "sequenceNo" : 96, "repealedDate" : null, "fromSection" : "225", "toSection" : "225", "text" : " § 225. Unlawful acts in respect to examinations and records. A\\nperson who shall:\\n 1. Personate or attempt to offer to personate another person in\\ntaking, or attempting or offering to take an examination held in\\naccordance with this chapter or with the rules of the university; or\\n 2. Take, or attempt or offer to take, such an examination in the name\\nof any other person; or\\n 3. Procure any other person to falsely personate him or to take, or\\nattempt or offer to take, any such examination in his name; or\\n 4. Have in his possession question papers to be used in any such\\nexamination, when not contained in their sealed wrappers, or copies of\\nsuch papers or questions, at any time prior to the date set for such\\nexamination, unless duly authorized by the regents or the commissioner\\nof education; or\\n 5. Sell or offer to sell question papers or any questions prepared\\nfor use in any examination held in accordance with this chapter or with\\nthe rules of the university; or\\n 6. Use in any such examination any question papers or questions, or\\nsecure or prepare the answers to such questions prior to the time set\\nfor the examination; or\\n 7. Willfully and wrongfully disclose or transmit to any person the\\nquestions or answers to such examination prior to the time set for such\\nexamination, unless duly authorized by the regents, commissioner of\\neducation or appropriate school authorities or otherwise provided by\\nlaw, or willfully and wrongfully destroy, falsify or conceal the records\\nor results of such examination from the appropriate authorities to whom\\nsuch records or results are required to be transmitted in accordance\\nwith this chapter, the rules of the regents, the regulations of the\\ncommissioner, or the by-laws, rules or regulations of such school\\nauthorities; or\\n 8. Transmit to the state education department answers to questions\\nused in any such examination which are prepared or written outside of\\nthe period of examination, or alter any such answers after such period\\nis closed; or\\n 9. Secure or attempt to secure any credential regularly issued by the\\nuniversity, which is based upon such examination or based upon a course\\nor courses of study in any institution of learning or educational\\ninstitution approved by the university, which he has not actually passed\\nor completed; or\\n 9-a. Knowingly and willfully make an unauthorized and false\\nalteration or representation of any grade, credit, honor, award or\\nstanding in the permanent record or transcript of any student with\\nrespect to a school or college under the supervision of the regents, the\\ncommissioner, or the university of the state of New York.\\n 10. Otherwise secure or attempt to secure the record of having passed\\nsuch examination or of having been issued or of having been given credit\\ntoward such credential in violation of the university rules; is guilty\\nof a misdemeanor and upon conviction thereof shall be punished for a\\nfirst offense by a fine of not less than fifty dollars or imprisonment\\nfor not less than thirty days, or by both such fine and imprisonment,\\nand for a second offense by a fine of not less than two hundred and\\nfifty dollars or imprisonment for not less than six months or by both\\nsuch fine and imprisonment.\\n 11. Notwithstanding the provisions of subdivision ten of this\\nsection, a violation of this section shall also constitute grounds for\\ndisciplinary action in accordance with the provisions of this chapter,\\nthe rules of the regents, the regulations of the commissioner, or the\\nby-laws, rules or regulations of such school authorities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "226", "title" : "Powers of trustees of institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "226", "activeDate" : "2014-09-22", "sequenceNo" : 97, "repealedDate" : null, "fromSection" : "226", "toSection" : "226", "text" : " § 226. Powers of trustees of institutions. The trustees of every\\ncorporation created by the regents, unless otherwise provided by law or\\nby its charter, may:\\n 1. Number and quorum. Fix the term of office and number of trustees,\\nwhich shall not exceed twenty-five, nor be less than five. If any\\ninstitution has more than five trustees, the body that elects, by a\\ntwo-thirds vote after notice of the proposed action in the call for a\\nmeeting, may reduce the number to not less than five by abolishing the\\noffice of any trustee which is vacant and filing in the regents' office\\na certified copy of the action. A majority of the whole number shall be\\na quorum.\\n 2. Executive committee. Elect an executive committee of not less than\\nfive, who, in intervals between meetings of the trustees, may transact\\nsuch business of the corporation as the trustees may authorize, except\\nto grant degrees or to make removals from office.\\n 3. Meetings and seniority. Meet on their own adjournment or when\\nrequired by their by-laws, and as often as they shall be summoned by\\ntheir chairman, or in his absense by the senior trustee, on written\\nrequest of three trustees. Seniority shall be according to the order in\\nwhich the trustees are named in the charter or subsequently elected.\\nNotice of the time and place of every meeting shall be mailed not less\\nthan five nor more than ten days before the meeting to the usual address\\nof every trustee.\\n 4. Vacancies and elections; removals by board of regents. Fill any\\nvacancy occurring in the office of any trustee by electing another for\\nthe unexpired term; provided, however, that where trustees are elected\\nby the legal voters the person so appointed to fill any such vacancy\\nshall hold office until the next annual election of trustees. The office\\nof any trustee shall become vacant on his death, resignation, refusal to\\nact, removal from office, expiration of his term, or any other cause\\nspecified in the charter. If any trustee shall fail to attend three\\nconsecutive meetings without excuse accepted as satisfactory by the\\ntrustees, he shall be deemed to have resigned, and the vacancy shall be\\nfilled. Any vacancy in the office of trustee continuing for more than\\none year, or any vacancy reducing the number of trustees to less than\\ntwo-thirds of the full number may be filled by the regents. The regents\\nmay remove any trustee of a corporation created by them for misconduct,\\nincapacity, neglect of duty, or where it appears to the satisfaction of\\nthe regents that the corporation has failed or refuses to carry into\\neffect its educational purposes. A hearing in the proceeding for the\\nremoval of such trustees shall be had before the board of regents or a\\ncommittee thereof and the trustees shall be given at least ten days'\\nnotice of the time and place of such hearing. In case of removal the\\nregents may appoint successors to the trustees so removed. The\\nprovisions of this section as to removal and filling of vacancies in\\ntrustees shall not apply to corporations now or hereafter established\\nand maintained by a religious denomination, order or sect. No person\\nshall be ineligible as a trustee by reason of sex.\\n 5. Property holding. Take and hold by gift, grant, devise or bequest\\nin their own right or in trust for any purpose comprised in the objects\\nof the corporation, such additional real and personal property, beyond\\nsuch as shall be authorized by their charter or by special or general\\nstatute, as the regents shall authorize within one year after the\\ndelivery of the instrument or probate of the will, giving, granting,\\ndevising or bequeathing such property, and such authority given by the\\nregents shall make any such gift, grant, devise or bequest operative and\\nvalid in law. Any grant, devise or bequest shall be equally valid\\nwhether made in the corporate name or to the trustees of a corporation,\\nand powers given to the trustees shall be powers of the corporation.\\n 6. Control of property. a. Buy, sell, mortgage, let and otherwise use\\nand dispose of its property as they shall deem for the best interests of\\nthe institution; and also to lend or deposit, or to receive as a gift,\\nor on loan or deposit, literary, scientific or other articles,\\ncollections, or property pertaining to their work; and such gifts, loans\\nor deposits may be made to or with the university or any of its\\ninstitutions by any person, or by legal vote of any board of trustees,\\ncorporation, association or school district, and any such transfer of\\nproperty, if approved by the regents, shall during its continuance,\\ntransfer responsibility therefor to the institution receiving it, which\\nshall also be entitled to receive any money, books or other property\\nfrom the state or other sources to which said corporation, association\\nor district would have been entitled but for such transfer.\\n b. Notwithstanding any other provision of law, prior to the discarding\\nof used or surplus books or other such reading materials by trustees of\\na chartered public or free association library which receives over ten\\nthousand dollars in state aid, such trustees shall offer to donate such\\nbooks or materials to a not-for-profit corporation or political\\nsubdivision located within the area of the library system or offer to\\nsell such books or materials to the general public. The trustees shall\\nretain any proceeds received from the sale of such books and materials\\nfor the purpose of maintaining and improving library service within the\\nsystem.\\n 7. Officers and employees. Appoint and fix the salaries of such\\nofficers and employees as they shall deem necessary who, unless employed\\nunder special contract, shall hold their offices during the pleasure of\\nthe trustees; but no trustee shall receive compensation as such. The\\npresident or chief executive officer of an association library\\ncorporation shall be elected by the trustees from their own number and\\nshall be the chairman of the board.\\n 8. Removals and suspensions. Remove or suspend from office by vote of\\na majority of the entire board any trustee, officer or employee engaged\\nunder special contract, on examination and due proof of the truth of a\\nwritten complaint by any trustee, of misconduct, incapacity or neglect\\nof duty; provided, that at least one week's previous notice of the\\nproposed action shall have been given to the accused and to each\\ntrustee.\\n 9. Degrees and credentials. Grant such degrees and honors as are\\nspecifically authorized by their charter, and in testimony thereof give\\nsuitable certificates and diplomas under their seal; and every\\ncertificate and diploma so granted shall entitle the conferee to all\\nprivileges and immunities which by usage or statute are allowed for\\nsimilar diplomas of corresponding grade granted by any institution of\\nlearning.\\n 10. Rules. Make all by-laws and rules necessary and proper for the\\npurposes of the institution and not inconsistent with law or any rule of\\nthe university; but no rule by which more than a majority vote shall be\\nrequired for any specified action by the trustees shall be amended,\\nsuspended or repealed by a smaller vote than that required for action\\nthereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "227", "title" : "Colleges may construct water-works and sewer systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "227", "activeDate" : "2014-09-22", "sequenceNo" : 98, "repealedDate" : null, "fromSection" : "227", "toSection" : "227", "text" : " § 227. Colleges may construct water-works and sewer systems. 1. Every\\nincorporated college in this state is duly authorized and empowered to\\nconstruct and maintain a system of water-works for the purpose of\\nsupplying its college buildings and premises with pure and wholesome\\nwater for domestic, sanitary and fire purposes, and for the preservation\\nof the health of its students, faculty and employees, and for the\\npreservation of the public health of the town, village or city in or\\nnear which such college is located, and the construction and maintenance\\nof such water-works is declared to be a public use. Such water-works, as\\noften as necessary, may be enlarged or improved. Every such incorporated\\ncollege owning its water-works system and having an adequate supply of\\nwater therefrom, may furnish water to persons other than students,\\nfaculty and employees of such college at and for a just and adequate\\ncompensation, providing that they reside within a sewer district now\\ncreated in which the premises of the said college or any part thereof\\nare embraced, and provided no municipal or private public service\\ncorporation operates or maintains a system of water-works therein\\ncapable of supplying water to such inhabitants, and provided further\\nthat the provisions therein relative to the residence of the purchasers\\nof water within a sewer district shall not restrict Cornell University\\nfrom selling water to the residents of the hamlet of Forest Home or a\\nwater district organized for the purpose of furnishing a potable water\\nsupply to said hamlet. Whenever any such college shall extend its mains\\nalong any streets, avenues or highways for the purpose of supplying\\nwater to such inhabitants, it shall not lose its exemption from taxation\\nby reason thereof, and shall not be deemed to be exercising a public or\\ncorporate franchise within the meaning of the tax law.\\n 2. Any such college shall have the right to acquire real estate, or\\nany interest therein, necessary or proper for such water-works, and the\\nright to lay, relay, repair and maintain conduit and water pipes, with\\nconnections and fixtures, on, through, and over the lands of others; the\\nright to intercept and divert the flow of waters from the lands of\\nriparian owners, and from persons owning and interested in any waters;\\nand the right to prevent the flow or drainage of noxious, or impure, or\\nunwholesome matter from the lands of others into its reservoirs, or\\nsources of supply. But no such college shall ever have power to take or\\nuse water from any of the lands of this state, or any land, reservoir,\\nor feeders, or any streams which have been taken by the state for the\\npurpose of supplying the canals with water. The consent of an\\nincorporated village or city must be obtained to lay any such pipes in\\nor through its streets, and such consent may be accompanied by such\\nreasonable conditions or restrictions as are proper.\\n 3. Such college may cause such examinations and surveys for its\\nproposed water-works to be made as may be necessary to determine the\\nproper location thereof, and for such purpose, by its officers, agents\\nand servants, may enter upon any lands or waters in the vicinity for the\\npurpose of making such examinations and surveys, subject to liability\\nfor all damage done. When surveys or examinations are made or concluded,\\na map shall be made of the lands or interests to be taken or entered\\nupon, and on which the land or interest of each owner or occupant shall\\nbe designated, and all streets and roads in which it is proposed to lay\\nconduit pipes, with the proposed line thereof, which map shall be dated\\nand signed by the engineer making the same; and said map shall be filed\\nand kept in the college library for examination and reference, and a\\nduplicate thereof shall be filed in the clerk's office in each county\\nwherein any of such lands or interests proposed to be taken are located.\\nSuch examinations and surveys may be ordered and directed by the\\npresident or board of trustees of such college. A majority of the\\ntrustees shall determine upon the construction of such water-works and\\nthe plans thereof, and order contracts therefor to be made by such\\nofficers of the college as may be designated.\\n 4. If any such college shall be unable to agree upon such terms of\\npurchase of any such property, right or easements, before or after plans\\nshall be determined upon, it may, after such plans have been adopted,\\nacquire the same by condemnation, according to the provisions of the\\neminent domain procedure law.\\n 5. When any such college has constructed and completed water-works, as\\nabove provided, it may, by a majority of its trustees, determine upon\\nand construct a sewer system; it may connect the same with the sewer\\nsystem of the village, city or town sewer districts thereof in or near\\nwhich said college is situated, if such connection is practicable. A\\ncollege, with the approval of its trustees, may allow its sewer system\\nto serve as an interconnection between separate sewer systems of\\nvillages, cities or town sewer districts when and so long as such use of\\nthe sewer system of the college does not interfere with or limit the use\\nof that sewer system by the college. The college shall not lose its\\nexemption from taxation by reason of such connection or interconnection\\nof its sewer system and the college shall not be deemed to be exercising\\na public or corporate franchise within the meaning of the tax law.\\nExamination, surveys and a map may be made as above provided. Lands and\\neasements may be acquired by purchase, as above provided, and in case\\nsuch acquisition can not be made by purchase then they may be acquired\\nby condemnation, according to the provisions of the condemnation law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "228", "title" : "The Hamilton college sewer district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "228", "activeDate" : "2014-09-22", "sequenceNo" : 99, "repealedDate" : null, "fromSection" : "228", "toSection" : "228", "text" : " § 228. The Hamilton college sewer district. The Hamilton college sewer\\ndistrict established in the town of Kirkland, Oneida county, outside the\\nvillage of Clinton, is hereby continued and all the provisions of the\\ntown law relating to a sewer district in a town shall apply to such\\ndistrict, except as herein otherwise provided: The district shall be\\ngoverned by a board of sewer district commissioners consisting of three\\npersons, who shall serve until a vacancy shall occur by reason of death,\\nresignation or removal from office. The town board of the town of\\nKirkland may remove a member of the board for inefficiency, neglect of\\nduty or misconduct in office after a public hearing on not less than ten\\ndays' written notice and an opportunity to be heard in person or by\\ncounsel. A vacancy in office of a commissioner shall be filled by\\nappointment by the town board from a list of nominations of not less\\nthan three persons made by the remaining commissioners. Each\\ncommissioner appointed by the town board must be a resident taxpayer of\\nthe sewer district or in lieu thereof an officer, trustee or member of\\nthe faculty of Hamilton college. Such commissioners shall select one of\\ntheir number as chairman and another as secretary. Each commissioner,\\nbefore entering upon the duties of his office, shall take the\\nconstitutional oath of office and execute to the town of Kirkland and\\nfile with the town clerk an official undertaking in such sum and with\\nsuch sureties as the town board from time to time may direct. Such\\ncommissioners may be paid for their services an annual amount, as\\ndetermined by the town board, up to two thousand dollars. Such\\ncompensation shall be deemed an expense of the district. The board of\\nsewer district commissioners of such district shall have all the powers\\nand be subject to the duties and responsibilities of district\\ncommissioners elected pursuant to the provisions of article thirteen of\\nthe town law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "229", "title" : "County educational institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "229", "activeDate" : "2014-09-22", "sequenceNo" : 100, "repealedDate" : null, "fromSection" : "229", "toSection" : "229", "text" : " § 229. County educational institutions. The board of supervisors of a\\ncounty, having a population of over five hundred thousand and adjacent\\nto a city having a population of over two million, may determine, by\\nresolution, to make application to the regents for the incorporation,\\npursuant to the provisions of part one of this article of one or more of\\nthe institutions enumerated in section two hundred sixteen of this\\nchapter. The regents may, by an instrument under their seal and\\nrecorded in their office, incorporate any such institution or\\ninstitutions under such name with such number of trustees or other\\nmanagers, and with such powers, privileges and duties, and subject to\\nsuch limitations and restrictions in all respects as the regents may\\nprescribe in conformity to law. The cost and expenses necessary to\\nestablish, maintain and support such institution or institutions\\npursuant to the provisions of part one of this article, including the\\nacquisition of real property, and the construction and equipment of\\nbuildings and grounds, shall be a county charge and the board of\\nsupervisors shall provide for the payment of such cost and expenses by\\nthe levy, assessment and collection of taxes in the same manner that\\ntaxes are levied, assessed and collected for other county purposes. The\\nprovisions of part one of this article shall apply to such institution\\nor institutions, except the provision of section two hundred eighteen of\\nthis chapter, requiring resources of at least five hundred thousand\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "230", "title" : "Municipal training institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "230", "activeDate" : "2014-09-22", "sequenceNo" : 101, "repealedDate" : null, "fromSection" : "230", "toSection" : "230", "text" : " § 230. Municipal training institute. The municipal training institute\\nof the state of New York, a corporation created by the regents pursuant\\nto section two hundred sixteen of the education law for the purpose of\\nimproving the administration of municipal affairs by providing courses\\nof training for municipal officials in cities and villages of the state\\nand conducting schools therefor having received an absolute charter\\nunder section two hundred sixteen, and the regents having approved the\\ncourses of study and plan of instruction of such institute, the cost of\\ncarrying out the program of the institute may be defrayed in part with\\ngrants of federal vocational education moneys made to the regents under\\nacts of congress for training those in public and other service\\noccupations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "231", "title" : "Town and county officers training school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "231", "activeDate" : "2014-09-22", "sequenceNo" : 102, "repealedDate" : null, "fromSection" : "231", "toSection" : "231", "text" : " § 231. Town and county officers training school. The town and county\\nofficers training school of the state of New York, a corporation created\\nby the regents pursuant to section two hundred sixteen of the education\\nlaw for the purpose of improving the administration of municipal affairs\\nby providing courses of training for municipal officials in towns and\\ncounties of the state and conducting school therefor having received an\\nabsolute charter under section two hundred sixteen, and the regents\\nhaving approved the courses of study and plan of instruction of such\\ninstitute, the cost of carrying out the program of the training school\\nmay be defrayed in part with grants of federal vocational education\\nmoneys made to the regents under acts of congress for training those in\\npublic and other service occupations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "232", "title" : "Departments and their government", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "232", "activeDate" : "2014-09-22", "sequenceNo" : 103, "repealedDate" : null, "fromSection" : "232", "toSection" : "232", "text" : " § 232. Departments and their government. The state library and state\\nmuseum shall be departments of the university, and the regents may\\nestablish such other departments and divisions therein as they shall\\ndeem useful in the discharge of their duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "233", "title" : "State Museum; collections made by the staff", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "233", "activeDate" : "2014-09-22", "sequenceNo" : 104, "repealedDate" : null, "fromSection" : "233", "toSection" : "233", "text" : " § 233. State Museum; collections made by the staff. 1. All scientific\\nspecimens and collections, works of art, objects of historic interest\\nand similar property appropriate to a general museum, if owned by the\\nstate and not placed in other custody by a specific law, shall\\nconstitute the collections of the state museum. The state museum shall\\nbe the custodian of the collections, shall perform standard curatorial,\\nresearch and educational activities and a director appointed by the\\nregents shall constitute its head.\\n 2. Any scientific collection made by a member of the museum staff\\nduring his term of office shall, unless otherwise authorized by\\nresolution of the regents, belong to the state and form part of the\\nstate museum.\\n 3. The state of New York, through its legislative authority accepts\\nthe provisions of section one hundred twenty of the federal-aid highway\\nact of nineteen hundred fifty-six (70 Stat. 374) relating to the salvage\\nof archaeological or paleontological objects, including but not limited\\nto ruins, historic sites, Indian burial grounds, cemeteries, buildings,\\nartifacts, fossils or, other objects of antiquity having national\\nsignificance from an historical, cultural, social or scientific\\nstandpoint, and empowers and directs the commissioner of education to\\npromulgate joint regulations with the department of environmental\\nconservation, the office of general services, and the office of parks,\\nrecreation and historic preservation and make agreements with those and\\nother appropriate state departments or agencies and such agency or\\nagencies as needed to carry out the purposes of such provision of law.\\n 4. Except as otherwise provided in subdivision three of this section,\\nno person shall investigate, excavate, remove, injure, appropriate or\\ndestroy any object of archaeological, historical, cultural, social,\\nscientific or paleontological interest, situated on, in or under lands\\nowned by the state of New York, without the written permission of the\\ncommissioner of education. A violation of this provision shall\\nconstitute a class A misdemeanor. The attorney general, either\\nindependently or upon referral from a state agency, shall seek civil\\nand/or criminal prosecution, civil and/or criminal penalties and any\\nother relief, including but not limited to seizure and forfeiture of the\\nappropriate items, and forfeiture of the instrumentalities of the\\nunauthorized actions on state lands. The discovery of any such objects\\nshall be forthwith reported to the commissioner by the state department\\nor agency having jurisdiction over such lands.\\n 5. Permits for the examination, excavation or gathering of\\narchaeological, historical, cultural, social, scientific or\\npaleontological objects upon the lands under their respective\\njurisdictions may be granted by the heads of those state departments or\\nagencies to persons authorized by the commissioner of education for the\\npurposes of the state museum and state science service, for the purpose\\nof the preservation of any such objects worthy of permanent preservation\\nand, in all cases, to the acquisition and dissemination of knowledge\\nrelating thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "233-A", "title" : "Property of the state museum", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "233-A", "activeDate" : "2014-09-22", "sequenceNo" : 105, "repealedDate" : null, "fromSection" : "233-A", "toSection" : "233-A", "text" : " § 233-a. Property of the state museum. 1. As used in this section:\\n (a) The term \"museum\" shall mean the New York state museum.\\n (b) The term \"deaccession\" shall mean the permanent removal or\\ndisposal of an object from the collection of the museum by virtue of its\\nsale, exchange, donation or transfer by any means to any person.\\n (c) The term \"person\" shall mean any natural person, partnership,\\ncorporation, company, trust association or other entity, however\\norganized.\\n (d) The term \"property\" means any inanimate object, document or\\ntangible object under the office's care which has intrinsic historic,\\nartistic, scientific, or cultural value.\\n (e) The term \"claimant\" means a person who asserts ownership or some\\nother legal right to undocumented property held by the museum.\\n (f) The term \"loan\" means a deposit of property with the museum not\\naccompanied by a transfer to the museum of title to the property.\\n (g) The term \"lender\" means a person whose name appears on the records\\nof the museum as the person legally entitled to, or claiming to be\\nlegally entitled to, property held by the museum or, if deceased, the\\nlegal heirs of such person.\\n (h) The term \"lender's address\" means the most recent address for the\\nlender shown on the museum's records pertaining to the property on loan,\\nor if the lender is deceased, the last known address of the legal heirs\\nof such lender.\\n (i) The term \"permanent loan\" means a loan of property to the museum\\nfor an unspecified period.\\n (j) The term \"undocumented property\" means property in the possession\\nof the museum for which the museum cannot determine the owner by\\nreference to its records.\\n (k) The term \"conservation measures\" means any actions taken to\\npreserve or stabilize a property including, but not limited to, proper\\nstorage support, cleaning, proper lighting, and restoration.\\n 2. The deaccessioning of property by the museum must be consistent\\nwith the mission of the museum.\\n 3. Prior to the acquisition of property by gift, the museum shall\\nprovide the donor with a written copy of its mission statement and\\ncollections policy, which shall include policies and procedures of the\\nmuseum relating to deaccessioning.\\n 4. If the museum has the knowledge of a planned bequest of any\\nproperty prior to the death of the testator, the museum shall provide\\nthe testator with a written copy of its mission statement and\\ncollections policy, which shall include policies and procedures of the\\nmuseum relating to deaccessioning.\\n 6. Notice given by the museum under this section must be mailed to the\\nlender's last known address by certified mail, return receipt requested.\\nService by mail is complete if the museum receives proof that the notice\\nwas received not more than thirty days after it was mailed; provided,\\nhowever, notice may be given by publication if the museum does not:\\n (a) know the identity of the lender; or\\n (b) know the address of the lender; or\\n (c) receive proof that the notice mailed under this section was\\nreceived within thirty days of mailing. Notice by publication must be\\ngiven at least once a week for three consecutive weeks in a newspaper of\\ngeneral circulation in:\\n (i) the county in which the property is held by the museum; and\\n (ii) the county of the lender's last address, if known.\\n The date of notice under this subdivision shall be the date of the\\nthird published notice.\\n In addition to any other information that may be required or seem\\nappropriate, any notice given under this section must contain the\\nfollowing:\\n (A) The name of the lender or claimant, if known.\\n (B) The last address of the lender or claimant, if known.\\n (C) A brief description of the property on loan to the museum\\nreferenced in the notice.\\n (D) The date of the loan, if known or the approximate date of\\nacquisition of the property.\\n (E) The name and address of the museum.\\n (F) The name, address, and telephone number of the person to be\\ncontacted regarding the property.\\n 7. Notwithstanding any other provisions of law regarding abandoned or\\nlost property, the museum may, beginning five years from the date the\\nlender last contacted the museum, clarify title to property on permanent\\nloan or loaned for a specified term that has expired. Proof of such\\ncontact shall include previously sent restricted letters or loan forms,\\nreturned envelopes, inventories and other documentary evidence. The\\nprocedure for clarifying title shall be as follows:\\n (a) The museum must give notice by mail to the lender that it wishes\\nto clarify ownership rights in the property.\\n (b) In addition to the information described in subdivision six of\\nthis section, the notice shall be entitled \"Notice of Termination\" and\\nmust include a statement containing substantially the following\\ninformation: \"The records of the New York State Museum indicate that\\nyou have property on loan at (name of facility). The museum is seeking\\nto determine whether you wish (i) that the museum return the property to\\nyou, (ii) that the property remain on loan to the museum subject to\\nannual renewal (if the museum wishes that the property remain on loan),\\nor (iii) that the museum retain the property permanently as its owner.\\nPlease contact (name of contact) in writing within one hundred twenty\\ndays, in order to advise the museum as to which of the above\\nalternatives you wish to follow.\"\\n (c) If, no later than one hundred twenty days following receipt\\nthereof, the lender does not respond to the notice of termination by\\nsubmitting a written claim to the property on loan with verifying\\ndocumentation the office shall send a second notice to the lender\\ncontaining the following information: \"On (date of first notice), the\\nNew York State Museum sent you a notice concerning property that,\\naccording to our records, has been loaned to the office. You have not\\nresponded to that notice, a copy of which is enclosed, and the museum\\nwill commence proceedings to acquire title to the property if you do not\\ncontact (name of contact), in writing within one hundred twenty days of\\nreceiving this second notice.\"\\n If the lender fails to respond to the second notice within one hundred\\ntwenty days of receipt, at the request of the commissioner, the attorney\\ngeneral may make an application to the supreme court pursuant to article\\nthirty of the civil practice law and rules for a declaratory judgment to\\ndetermine the museum's right to such property. In a case in which there\\nis no evidence that the notices previously sent by the museum were\\nreceived by the lender, upon application, the supreme court shall\\nspecify the method by which service shall be made upon the lender.\\n 8. Notwithstanding any other provision of law regarding abandoned or\\nlost property the museum may acquire title to undocumented property held\\nby the museum for at least five years as follows:\\n (a) The museum must give notice by publication that it is asserting\\ntitle to the undocumented property.\\n (b) In addition to the information described herein, the notice shall\\nbe entitled \"Notice of Intent to Acquire Title to Property\" and must\\ninclude a statement containing substantially the following information:\\n\"The records of the New York State Museum fail to indicate the owner of\\nrecord of certain property in its possession. The museum hereby asserts\\nits intent to acquire title to the following property: (general\\ndescription of property). If you claim ownership of this property, you\\nmust submit written proof of ownership to the museum and make\\narrangements to collect the property. If you fail to do so within one\\nhundred eighty days, the museum will commence proceedings to acquire\\ntitle to the property. If you claim an interest in the property but do\\nnot possess written proof of such interest, you should submit your name\\nand address and a written statement of your claim to (name of contact),\\nwithin one hundred eighty days, in order to receive notice of any legal\\nproceedings concerning the property. If you wish to commence legal\\nproceedings to claim the property, you should consult your attorney.\"\\n If after one hundred eighty days following the last date of\\npublication of such notice no claimant has responded thereto by\\nsubmitting written proof of ownership of the property to the museum, or\\nif there is a dispute between the museum and any claimant as to\\nownership of the property, upon the request of the commissioner, the\\nattorney general may make an application to the supreme court pursuant\\nto article thirty of the civil practice law and rules for a declaratory\\njudgment to determine the museum's rights in the property.\\n 9. A copy of all notices required by subdivision seven or eight of\\nthis section shall be sent, by certified mail, return receipt requested,\\nto the International Foundation for Art Research, or any successor\\nfoundation or agency having similar purposes, on or before the date on\\nwhich such notices are mailed or first published pursuant to the\\nrequirements of this section.\\n 10. Any person who purchases or otherwise acquires property from the\\nmuseum acquires good title to such property if the museum has acquired\\ntitle in accordance with this section.\\n 11. The provisions of subdivisions seven and eight of this section\\nshall not apply to any property that has been reported as stolen to a\\nlaw enforcement agency or to the Art Theft Archives of the International\\nFoundation for Art Research, or any successor foundation or agency\\nhaving similar purposes, no later than one year following the theft or\\ndiscovery of the theft.\\n 12. The museum shall have the following duty to lenders:\\n (a) When the museum accepts a loan of property, it shall inform the\\nlender in writing of the provisions of this section.\\n (b) The museum shall give a lender, at the lender's address, prompt\\nwritten notice by mail of any known injury to, or loss of, property on\\nloan or of the need to apply conservation measures. Such notice shall\\nadvise the lender of his right, in lieu of the application of such\\nconservation measures, to terminate the loan and, no later than thirty\\ndays after having received such notice, either retrieve the property or\\narrange for its isolation and retrieval. The museum shall not be\\nrequired to publish notice of injury or loss to any undocumented\\nproperty.\\n 13. The owner of property loaned to the museum is responsible for\\npromptly notifying the museum, in writing, of any change of address or\\nchange in the ownership of the property.\\n 14. (a) Unless there is a written loan agreement to the contrary, the\\nmuseum may apply conservation measures to property on loan to the museum\\nwithout giving formal notice or first obtaining the lender's permission\\nif immediate action is required to protect the property on loan or other\\nproperty in the custody of the museum or if the property on loan is a\\nhazard to the health and safety of the public or the museum staff,\\nprovided that:\\n (i) the museum is unable to reach the lender at the lender's last\\nknown address or telephone number before the time the museum determines\\naction is necessary; or\\n (ii) the lender either (A) does not respond to a request for\\npermission to apply conservation measures made pursuant to subdivision\\ntwelve of this section within three days of receiving the request or\\nwill not agree to the conservation measures the museum recommends or (B)\\nfails to terminate the loan and either retrieve the property or arrange\\nfor its isolation and retrieval within thirty days of receiving the\\nrequest.\\n If immediate conservation measures are necessary to protect the\\nproperty or to protect the health or safety of the public or museum\\nstaff, the conditions set forth in subparagraphs (i) and (ii) of this\\nparagraph shall not apply.\\n (b) Unless provided otherwise in an agreement with the lender, if the\\nmuseum applies conservation measures to property under paragraph (a) of\\nthis subdivision, and provided that the measures were not required as a\\nresult of the museum's own action or inaction, the museum shall acquire\\na lien on the property in the amount of the costs incurred by the\\nmuseum, including, but not limited to the cost of labor and materials,\\nand shall not be liable for injury to or loss of the property, provided\\nthat the museum:\\n (i) had a reasonable belief at the time the action was taken that the\\naction was necessary to protect the property on loan or other property\\nin the custody of the museum, or that the property on loan was a hazard\\nto the health and safety of the public or the museum staff; and\\n (ii) exercised reasonable care in the choice and application of\\nconservation measures.\\n 15. The museum shall maintain or continue to maintain, as the case may\\nbe and to the extent such information is available, a record of\\nacquisition, whether by purchase, bequest, gift, loan or otherwise, of\\nproperty for display or collection and of deaccessioning or loan of\\nproperty currently held or thereafter acquired for display or\\ncollection. Any such record shall: (a) state the name, address, and\\ntelephone number of the person from whom such property was acquired, or\\nto whom such property was transferred by deaccessioning or loan, and a\\ndescription of such property, its location, if known, and the terms of\\nthe acquisition or deaccessioning or loan, including any restrictions as\\nto its use or further disposition, and any other material facts about\\nthe terms and conditions of the transaction; (b) include a copy of any\\ndocument of conveyance relating to the acquisition or deaccessioning or\\nloan of such property and all notices and other documents prepared or\\nreceived by the museum.\\n 16. Notwithstanding the provisions of the civil practice law and rules\\nor any other law, except for laws governing actions to recover stolen\\nproperty:\\n (a) No action against the museum for damages arising out of injury to\\nor loss of property loaned to the museum shall be commenced more than\\nthree years from the date the museum gives the lender or claimant notice\\nof the injury or loss under this section.\\n (b) No action against the museum to recover property shall be\\ncommenced more than three years from the date the museum gives notice of\\nits intent to terminate the loan or notice of intent to acquire title to\\nundocumented property.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "233-AA", "title" : "Property of other museums", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19" ], "docLevelId" : "233-AA", "activeDate" : "2014-09-22", "sequenceNo" : 106, "repealedDate" : null, "fromSection" : "233-AA", "toSection" : "233-AA", "text" : " § 233-aa. Property of other museums. 1. As used in this section:\\n (a) The term \"museum\" means any institution, including but not limited\\nto museums, historical societies, zoological gardens, aquariums,\\nbotanical gardens, and arboreta, having collecting as a stated purpose\\nin its charter, or owning or holding collections, or intending to own or\\nhold collections, that is a governmental entity or not-for-profit\\ncorporation. The term museum does not include the state museum.\\n (b) The term \"deaccession\" means the permanent removal or disposal of\\nproperty from the collection of a museum by virtue of its sale,\\nexchange, donation, or transfer by any means to any person.\\n (c) The term \"person\" means any natural person, partnership,\\ncorporation, company, trust association, or other entity, however\\norganized.\\n (d) The term \"property\" means any inanimate object, document,\\norganism, or tangible object under a museum's care which has intrinsic\\nhistoric, artistic, scientific, or cultural value.\\n (e) The term \"loan\" means a deposit of property with a museum not\\naccompanied by a transfer to such museum of title to the property.\\n (f) The term \"lender\" means a person legally entitled to, or claiming\\nto be legally entitled to, property held by the museum or, if such\\nperson is deceased, the legal heirs of such person.\\n (g) The term \"unclaimed property\" means property which is on loan to a\\nmuseum and in regard to which the lender, or anyone acting legitimately\\non the lender's behalf, has not contacted the museum for at least ten\\nyears from the date of the beginning of the loan, if the loan was for an\\nindefinite or undetermined period, or for at least five years after the\\ndate upon which the loan for a definite period expired.\\n (h) The term \"undocumented property\" means property that has been in\\nthe possession of a museum for at least ten years and for which the\\nmuseum cannot determine the lender, donor, or owner by making a good\\nfaith and reasonable search for the identity and last known address of\\nthe lender, donor or owner from the museum records and other records\\nreasonably available to museum staff.\\n (i) The term \"conservation measures\" means any actions taken to\\npreserve or stabilize a property, including, but not limited to, proper\\nstorage, support, cleaning, and restoration.\\n 2. The acquisition of property by a museum pursuant to this section\\nmust be consistent with the mission of the museum.\\n 3. Prior to the acquisition of property by gift, a museum shall inform\\na donor or prospective donor of the provisions of this section and shall\\nprovide a donor or prospective donor with a written copy of its mission\\nstatement and collections policy, which shall include policies and\\nprocedures of the museum related to deaccessioning.\\n 4. If the museum has knowledge of a planned bequest of any property\\nprior to the death of the testator, the museum shall provide the\\ntestator with a written copy of its mission statement and collections\\npolicy, which shall include policies and procedures of the museum\\nrelating to deaccessioning, provided, however, that any museum that\\nroutinely makes its mission statement and collections policy available\\non its website shall be deemed to have complied with this subdivision.\\n 5. Proceeds derived from the sale of any property title to which was\\nacquired by a museum pursuant to this section shall be used only for the\\nacquisition of property for the museum's collection or for the\\npreservation, protection, and care of the collection and shall not be\\nused to defray ongoing operating expenses of the museum.\\n 6. (a) Notice by mail required by this section shall be mailed to a\\nlender's last known address by certified mail, return receipt requested;\\nprovided, however, that notice shall be given by publication pursuant to\\nparagraph (b) of this subdivision if the museum does not:\\n (i) know the identity of the lender; or\\n (ii) know the address of the lender; or\\n (iii) receive proof that the notice mailed under this section was\\nreceived within thirty days of mailing.\\n (b) Notice by publication must be given at least once a week for three\\nconsecutive weeks in a newspaper of general circulation in:\\n (i) the county in which the property is held by the museum; and\\n (ii) the county of the lender's last address, if known.\\n The date of notice under this paragraph shall be the date of the third\\npublished notice.\\n (c) In addition to any other information required by this section, any\\nnotice given under this section must contain the following:\\n (i) The name of the lender, if known.\\n (ii) The last address of the lender, if known.\\n (iii) A brief description of the property on loan to the museum\\nreferenced in the notice.\\n (iv) The date of the loan, if known, or the approximate date of\\nacquisition of the property.\\n (v) The name and address of the museum.\\n (vi) The name, address, and telephone number of the person to be\\ncontacted regarding the property.\\n (d) A copy of all notices required by this section pertaining to\\nproperty in the form of identifiable works of art known to have been\\ncreated before nineteen hundred forty-five and to have changed hands in\\nEurope during the Nazi era (1933-1945) shall be sent to The Art Loss\\nRegister or any successor organization having similar purposes on or\\nbefore the date on which such notices are mailed or first published\\npursuant to the requirements of this section.\\n 7. Unless there is a written loan agreement to the contrary, and\\nnotwithstanding any other provision of law regarding abandoned or lost\\nproperty, a museum that has made a good faith and reasonable search for\\nthe identity and last known address of the lender from the museum\\nrecords and other records reasonably available to museum staff may\\nterminate a loan for unclaimed property in its possession in accordance\\nwith the provisions of this subdivision.\\n (a) If the museum has identified the lender and the lender's last\\nknown address, the museum shall give notice by mail, in accordance with\\nsubdivision six of this section, of its intent to terminate the loan.\\n (b) Such notice shall be entitled \"Notice of Termination\" and must\\ninclude a statement containing substantially the following information:\\n\"The records of the (name of museum) indicate that you have or may have\\nproperty on loan at (name of facility). The museum is seeking to\\ndetermine whether you wish:\\n (i) that the museum return the property to you,\\n (ii) that the property remain on loan to the museum subject to annual\\nrenewal (if the museum also wishes that the property remain on loan), or\\n (iii) that the museum obtain all of the lender's rights to the\\nproperty, either to take the property into its collection or to dispose\\nof the property, in its sole discretion. Please contact (name of\\ncontact) in writing within one hundred twenty days to advise the museum\\nas to which of the above alternatives you wish to follow.\"\\n (c) If the lender does not respond to the notice of termination,\\nwithin one hundred twenty days following receipt thereof, the museum\\nshall send a second notice to the lender containing the following\\ninformation: \"On (date of first notice), the (name of museum) sent you a\\nnotice concerning property that, according to our records, has been lent\\nto the (name of museum). You have not responded to that notice, a copy\\nof which is enclosed, and the museum will commence proceedings to\\nacquire title to the property if you do not contact (name of contact) in\\nwriting within one hundred twenty days of receiving this second notice.\"\\n (d) If the lender fails to respond to the second notice within one\\nhundred twenty days of receipt thereof, the museum shall acquire all of\\nthe lender's rights to the property.\\n (e) If the museum does not receive proof that the notices mailed\\npursuant to this subdivision were received within thirty days of\\nmailing, or if the museum has undertaken a good faith and reasonable\\nsearch of museum records and other records reasonably available to\\nmuseum staff but has been unable to determine the identity and last\\nknown address of the lender, the museum may terminate the loan by\\ncomplying with the procedures established in subdivision eight of this\\nsection for acquisition of title to undocumented property.\\n 8. (a) Notwithstanding any other provision of law regarding abandoned\\nor lost property, a museum may acquire the rights of the lender, donor,\\nor owner to undocumented property by giving notice by publication, in\\naccordance with subdivision six of this section, that it is asserting\\ntitle to the undocumented property.\\n (b) Such notice shall be entitled \"Notice of Intent to Acquire\\nProperty\" and must include a statement containing substantially the\\nfollowing information: \"The (name of museum) hereby asserts its intent\\nto acquire title to the following property: (brief description of\\nproperty). If you claim ownership of this property, you must contact the\\nmuseum in writing and make arrangements to collect the property. If you\\nfail to do so within one hundred eighty days, the museum will commence\\nproceedings to acquire title to the property. If you wish to commence\\nlegal proceedings to claim the property, you should consult an\\nattorney.\"\\n (c) If the museum does not receive contact from any person who can\\nprovide documentation or other evidence establishing an ownership\\ninterest in the property within one hundred eighty days of the date of\\nnotice by publication, the museum shall cause a brief description of the\\nproperty to be submitted to the comptroller, who shall post such\\ndescription on the unclaimed funds registry for not less than one\\nhundred eighty days.\\n (d) If the museum does not receive contact from any person who can\\nprovide documentation or other evidence establishing an ownership\\ninterest in the property prior to or within thirty days following the\\nconclusion of the unclaimed funds registry posting, the museum shall\\nacquire title to the property.\\n 9. The provisions of subdivisions seven and eight of this section\\nshall not apply to:\\n (a) any property that was created before nineteen hundred forty-five\\nand changed hands due to theft, seizure, confiscation, forced sale, or\\nother involuntary means in Europe during the Nazi era (1933-1945); or\\n (b) notwithstanding any copy of a notice sent pursuant to subdivision\\nsix of this section, any property reported as stolen to a law\\nenforcement agency or insurer or The Art Loss Register or any successor\\norganization having similar purposes no later than three years following\\nthe theft or discovery of the theft.\\n 10. A museum shall acquire all rights to undocumented property that is\\nnot solicited by the museum and that is delivered to the museum or left\\non museum premises after January first, two thousand nine if no person\\nprovides documentation or other evidence establishing an ownership\\ninterest in the property within ninety days of delivery of such property\\nto the museum.\\n 11.(a) The museum shall give a lender prompt written notice by mail,\\nin accordance with subdivision six of this section, of any known injury\\nto, or loss of, property on loan or of the need to apply conservation\\nmeasures. Such notice shall advise the lender of his or her right, in\\nlieu of the application of such conservation measures, to terminate the\\nloan and, no later than thirty days after having received such notice,\\neither retrieve the property or arrange for its isolation and retrieval.\\nThe museum shall not be required to publish notice of injury or loss to\\nany undocumented property.\\n (b) Unless there is a written loan agreement to the contrary, the\\nmuseum may apply conservation measures to property on loan to the museum\\nwithout giving formal notice or first obtaining the lender's permission\\nif immediate action is required to protect the property on loan or other\\nproperty in the custody of the museum or if the property on loan is a\\nhazard to the health and safety of the public or the museum staff;\\nprovided that:\\n (i) the museum is unable to reach the lender at the lender's address\\nor telephone number before the time by which the museum determines\\naction is necessary; or\\n (ii) the lender either (1) does not respond to a request for\\npermission to apply conservation measures within three days of receiving\\nthe request or will not agree to the conservation measures the museum\\nrecommends; or (2) fails to terminate the loan and either retrieve the\\nproperty or arrange for its isolation and retrieval within thirty days\\nof receiving the request.\\n If immediate conservation measures are necessary to protect the\\nproperty or to protect the health or safety of the public or museum\\nstaff, the conditions set forth in subparagraphs (i) and (ii) of this\\nparagraph shall not apply.\\n (c) Unless provided otherwise in an agreement with the lender, if a\\nmuseum applies conservation measures to property under paragraph (a) of\\nthis subdivision, and provided that the measures were not required as a\\nresult of such museum's own action or inaction, such museum shall\\nacquire a lien on the property in the amount of the costs incurred by\\nsuch museum, including, but not limited to, the cost of labor and\\nmaterials, and shall not be liable for injury to or loss of the\\nproperty, provided that such museum:\\n (i) had a reasonable belief at the time when the action was taken that\\nthe action was necessary to protect the property on loan or otherwise in\\nthe custody of the museum or that such property on loan was a hazard to\\nthe health and safety on the public or the museum staff; and\\n (ii) exercised reasonable care in the choice and application of\\nconservation measures.\\n 12. A lender shall promptly notify a museum, in writing, of any change\\nof address or change in the ownership of property on loan to such\\nmuseum.\\n 13. The museum shall maintain or continue to maintain, as the case may\\nbe and to the extent such information is reasonably available, a record\\nof acquisition, whether by purchase, bequest, gift, loan or otherwise,\\nof property for display or collection and of deaccessioning or loan of\\nproperty currently held or thereafter acquired for display or\\ncollection. Any such record shall:\\n (a) state the name, address, and telephone number of the person from\\nwhom such property was acquired, or to whom such property was\\ntransferred by deaccessioning or loan, and a description of such\\nproperty, its location, if known, and the terms of the acquisition or\\ndeaccessioning or loan, including any restrictions as to its use or\\nfurther disposition, and any other material facts about the terms and\\nconditions of the transaction, which records shall be updated if a\\nlender informs the museum of a change in address, ownership of the\\nproperty or other relevant information, or if the lender and museum\\nnegotiate a change in the terms of the transaction;\\n (b) include a copy of any document of conveyance relating to the\\nacquisition or deaccessioning or loan of such property and all notices\\nand other documents prepared or received by the museum; and\\n (c) in the case of property acquired pursuant to this section, include\\nrecords documenting the search for the identity and last known address\\nof the lender, and copies of all notices and other documents prepared or\\nreceived by the museum in connection with the acquisition of title to\\nsuch property.\\n 14. Nothing in this section shall limit the ability of a lender and\\nmuseum to bind themselves to different loan provisions by written\\nagreement, nor shall this section abrogate rights and obligations of a\\nlender or museum pursuant to a written agreement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "233-B", "title" : "New York state freedom trail commission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "233-B", "activeDate" : "2014-09-22", "sequenceNo" : 107, "repealedDate" : null, "fromSection" : "233-B", "toSection" : "233-B", "text" : " § 233-b. New York state freedom trail commission. 1. a. There is\\nhereby established within the department the New York state freedom\\ntrail commission. The commission shall consist of twelve members, to be\\nappointed as follows: three members to be appointed by the governor,\\nthree members to be appointed by the board of regents, two members to be\\nappointed by the temporary president of the senate, one member to be\\nappointed by the minority leader of the senate, two members to be\\nappointed by the speaker of the assembly, and one member to be appointed\\nby the minority leader of the assembly. Such members shall be\\nrepresentative of academic or public historians, corporations,\\nfoundations, historical societies, civic organizations, and religious\\ndenominations. In addition, the following state officers, or their\\ndesignees, shall serve as members of the commission: the commissioner of\\neducation, the head of the state museum, the head of the state archives,\\nthe head of the office of state history, the commissioner of economic\\ndevelopment, the head of the state tourism advisory council and the\\ncommissioner of parks, recreation and historic preservation.\\n b. The commission shall begin functioning upon the appointment of a\\nmajority of its members. The chair of the commission shall be chosen by\\nthe members of the commission for a three year term. Commission members,\\nother than ex officio members, shall serve for terms of five years and\\nvacancies shall be appointed in the same manner as provided for original\\nappointments.\\n c. The department and the office of parks, recreation and historic\\npreservation may provide the commission with such staff, equipment, and\\nfacilities as it may need.\\n 2. As part of its responsibilities the commission shall be charged\\nwith reviewing and assisting in the implementation of a master plan in\\nconjunction with federal authorities; sponsoring commemorations,\\nlinkages, seminars and public forum; assisting, encouraging, and\\npromoting the making of applications for inclusion on the national or\\nstate registers of historic places by the parties eligible to do so and\\nthe inclusion of such places therein; and developing partnerships and\\nseeking private and public funds to carry out activities to protect,\\npreserve, and promote the important legacy and lessons of the freedom\\ntrail and the underground railroad in New York state.\\n 3. The commission shall report annually to the governor, the\\nlegislature, and the board of regents for a period of five years from\\nthe date of establishment of the commission, but beginning no later than\\nJanuary first, nineteen hundred ninety-nine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "233-C", "title" : "Study", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "233-C", "activeDate" : "2014-09-22", "sequenceNo" : 108, "repealedDate" : null, "fromSection" : "233-C", "toSection" : "233-C", "text" : " § 233-c. Study. The commissioner shall conduct a study which shall\\ninclude, but not be limited to, documenting the history of the freedom\\ntrail and underground railroad including identifying sites most likely\\nto be eligible for inclusion on the national or state registers of\\nhistoric places, or both; providing for the historic research and\\ncompilation of contemporaneous reports and records necessary to document\\nthe underground railroad sites in New York state, as well as the\\ncontributions of individuals and organizations who participated in the\\nactivities of the underground railroad; and developing cultural and\\nhistoric guidebooks, local histories and the publication of public and\\nprivate documents relating to the underground railroad. The commissioner\\nshall consult with the commissioner of the office of parks, recreation\\nand historic preservation and the national park service in the conduct\\nof the study.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "234", "title" : "Indian collection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "234", "activeDate" : "2014-09-22", "sequenceNo" : 109, "repealedDate" : null, "fromSection" : "234", "toSection" : "234", "text" : " § 234. Indian collection. There shall be made, as the Indian section\\nof the state museum, as complete a collection as practicable of the\\nhistorical, ethnographic and other records and relics of the Indians of\\nthe state of New York, including implements or other articles pertaining\\nto their domestic life, agriculture, the chase, war, religion, burial\\nand other rites or customs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "235", "title" : "State science service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2023-08-04" ], "docLevelId" : "235", "activeDate" : "2014-09-22", "sequenceNo" : 110, "repealedDate" : null, "fromSection" : "235", "toSection" : "235", "text" : " § 235. State science service. There shall be maintained in the\\nuniversity a science service which shall be known as the state science\\nservice and the state geologist, paleontologist, botanist and\\nentomologist shall constitute its staff together with such other\\nscientists as the regents may employ or who are now employed by them.\\nThis service is empowered and directed to make available its services to\\nall the departments of the state, and the residents of the state under\\nsuch rules and regulations as the regents may prescribe and is empowered\\nto engage in such scientific research as directed by law or by the\\nregents and shall cooperate with scientific units or agencies of other\\nstates, the federal government, educational institutions and industry in\\nthe discovery, analysis and dissemination of scientific information.\\nThe director of the state museum shall also be the director and head of\\nthe state science service and the staff of the service shall be members\\nof the staff of the state museum.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "235-A", "title" : "New York state biodiversity research institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "235-A", "activeDate" : "2014-09-22", "sequenceNo" : 111, "repealedDate" : null, "fromSection" : "235-A", "toSection" : "235-A", "text" : " § 235-a. New York state biodiversity research institute. 1. The New\\nYork state biodiversity research institute is hereby created within the\\nNew York state museum within the education department. The purposes of\\nthe institute shall include:\\n (a) advising the governor, governmental agencies, the regents, and the\\nlegislature on matters relating to biodiversity in New York state;\\n (b) fostering, pursuing and sponsoring collaborative biological and\\necological research;\\n (c) increasing understanding of biodiversity research and conservation\\nneeds in New York by establishing and reporting on what is known and\\nwhat is not known about the biological diversity of the state;\\n (d) identifying priority needs for biodiversity research and inventory\\nwork within New York that currently are not receiving adequate\\nattention, and identifying public or private entities that are best\\nsituated to address such needs, thereby leading to better coordination\\nof biodiversity research efforts in the state;\\n (e) promoting awareness of existing and new sources of biodiversity\\ninformation and biodiversity expertise among planners, policy makers,\\nand resource managers;\\n (f) educating elected officials, governmental agencies, and the\\ngeneral public on biodiversity issues through such means as it may\\ndetermine;\\n (g) organizing and sponsoring meetings on biodiversity topics;\\n (h) encouraging the establishment of networks of collaborating\\nscientists engaged in related aspects of biodiversity research;\\n (i) raising sensitivity to biodiversity concerns among state and local\\ngovernment agencies, and serving as a forum for enhanced interagency\\ninformation sharing and cooperation;\\n (j) recommending priority activities for funding through the state\\nland biodiversity stewardship account, created pursuant to section\\nninety-seven-oo of the state finance law;\\n (k) assisting the commissioners of environmental conservation and\\nparks, recreation and historic preservation in conducting reviews,\\npursuant to section 3-0302 of the environmental conservation law and\\nsubdivision eighteen of section 3.09 of the parks, recreation and\\nhistoric preservation law, of lands currently in state ownership, to\\nidentify lands and waters that harbor plants, animals, and ecological\\ncommunities that are rare in New York state;\\n (l) assisting the commissioner of parks, recreation and historic\\npreservation in identifying ecologically significant sites within state\\nparks and historic sites that are candidates for park preserve or park\\npreservation area designation pursuant to article twenty of the parks,\\nrecreation and historic preservation law; and\\n (m) assisting the commissioner of environmental conservation in\\nidentifying lands of ecological significance, currently in state\\nownership, to recommend to the governor and the legislature for\\ndedication to the state nature and historical preserve trust pursuant to\\narticle forty-five of the environmental conservation law.\\n 2. Definitions. When used in this section, the following terms shall\\nmean:\\n (a) \"Biodiversity\" or \"biological diversity\" means the total variety\\nof living organisms found in the state, and the natural processes that\\nsupport them; and\\n (b) \"Institute\" shall mean the New York state biodiversity research\\ninstitute created pursuant to subdivision one of this section.\\n 3. Research programs. The institute shall foster, pursue and sponsor\\noriginal systematic and ecological research, field studies, and\\ninventories of biological collections that are designed to:\\n (a) increase the information base pertaining to plant, animal,\\nbiological community, and ecosystem occurrences in the state, including\\ndescriptions, collections and catalogs of fauna and flora, plant and\\nanimal life-cycle requirements and characteristics, the dynamics of\\necological processes, and the status of rare plants, animals, and\\nbiological communities;\\n (b) detect, document, and interpret patterns and changes in the flora\\nand fauna of the state, including expansions, losses, and introductions\\nof species;\\n (c) explore and foster the gathering of data in poorly known or\\nvulnerable areas of the state; and\\n (d) investigate techniques designed to conserve, protect, and manage\\nbiodiversity.\\n 4. Education and information transfer programs. The institute shall\\nfoster the collection, transfer, and application of biodiversity\\ninformation in the state by:\\n (a) fostering access, compatibility, interchange, and synthesis of\\ndata among biological information systems maintained by public entities,\\nacademic and research institutions, and private organizations;\\n (b) employing advanced technology to coordinate for ease of use the\\nscattered biological collection resources of the state;\\n (c) promoting adherence to accepted standards for biodiversity\\nresearch, including quality control for the collection of voucher\\nspecimens and data, and protocols for responsible collection policies;\\nand\\n (d) supporting the preparation and publication of interpretative works\\nthat draw upon biological collection resources.\\n 5. Biennial reports. The institute shall prepare and submit a report\\non or before January first, nineteen hundred ninety-five and every two\\nyears thereafter to the governor, the regents, and the legislature\\ndescribing programs undertaken or sponsored by the institute, the status\\nof knowledge regarding the state's biodiversity, and research needs\\nrelated thereto.\\n 6. Executive committee. The institute shall be guided by an executive\\ncommittee. Members of the committee shall be from varying backgrounds\\nwith members selected from the stewardship community, from the\\nscientific community, as well as from government service. Such committee\\nshall consist of seventeen members including the commissioner, the\\ncommissioner of environmental conservation, the commissioner of parks,\\nrecreation and historic preservation, the chancellor of the state\\nuniversity of New York or their designees, seven at large members\\nappointed by the governor, one of whom shall be chairperson, two members\\nappointed by the temporary president of the senate, one member appointed\\nby the minority leader of the senate, two members appointed by the\\nspeaker of the assembly and one member appointed by the minority leader\\nof the assembly. Appointed members shall serve for a term of three\\nyears, provided that such members may be reappointed. The executive\\ncommittee shall:\\n (a) adopt policies, procedures, and criteria governing the programs\\nand operations of the institute;\\n (b) recommend to the governor and legislature appropriate actions to\\nidentify, manage and conserve exemplary occurrences of common ecological\\ncommunities on state-owned lands. An \"exemplary occurrence of a common\\necological community\" shall mean a representative, high quality example\\nof a given ecological community type, characterized by a distinctive\\nassemblage of interacting plant and animal populations;\\n (c) develop and implement the research, education and information\\ntransfer programs of the institute;\\n (d) identify and rate proposals for biodiversity research;\\n (e) identify and rate proposals for biodiversity stewardship;\\n (f) submit to the director of the budget, and the chairpersons of the\\nsenate finance committee and the assembly ways and means committee on\\nthe first day of October nineteen hundred ninety-three and on or before\\nAugust first in each year thereafter, a budget request for the\\nexpenditure of funds available from the biodiversity stewardship and\\nresearch fund, for the purposes established by section ninety-seven-oo\\nof the state finance law;\\n (g) meet publicly at least twice a year. The committee shall widely\\ndisseminate notice of its meetings at least two weeks prior to each\\nmeeting. The commissioners of environmental conservation, education and\\nparks, recreation and historic preservation and the chancellor of the\\nstate university shall aid in such dissemination.\\n 7. Scientific working group. The executive committee shall appoint a\\nscientific working group composed of not more than fifteen individuals\\nrepresenting governmental agencies (including a biologist from the\\ndepartment of environmental conservation), academic or research\\ninstitutions, educational organizations, the forest products industry\\nand non-profit conservation organizations. Members of the scientific\\nworking group shall have knowledge and expertise in biodiversity\\nconservation and research and shall serve for a term of three years,\\nprovided, however that members may be reappointed for more than one term\\nat the discretion of the executive committee. The scientific working\\ngroup shall make recommendations to the executive committee with respect\\nto:\\n (a) the identification of priority biodiversity research needs in the\\nstate;\\n (b) the development and implementation of the institute's research,\\neducation, and information transfer programs;\\n (c) the allocation and expenditure of funds from the biodiversity\\nstewardship and research fund created pursuant to section\\nninety-seven-oo of the state finance law;\\n (d) identification and rating of proposals for biodiversity research;\\nand\\n (e) identification and rating of proposals for biodiversity\\nstewardship.\\n 8. Institute director. The institute shall have a director who shall\\nbe appointed by the executive committee and shall after appointment be\\nan employee of the state museum and science service. The institute\\ndirector shall serve at the pleasure of the executive committee. The\\ninstitute director shall serve as chief administrative officer of the\\ninstitute and provide the necessary support for the executive committee.\\n 9. Compensation. The members of the executive committee and the\\nscientific working group shall serve without additional compensation,\\nbut shall be eligible to receive reimbursement for their actual and\\nnecessary expenses from the biodiversity stewardship and research fund\\nestablished by section ninety-seven-oo of the state finance law,\\nprovided however, members of the executive committee representing state\\nagencies may receive reimbursement for their actual and necessary\\nexpenses from their respective agencies. Members of the executive\\ncommittee and scientific working group shall be considered state\\nemployees for the purposes of sections seventeen and nineteen of the\\npublic officers law.\\n 10. Memorandum of understanding. The education department, the\\ndepartment of environmental conservation, and the office of parks,\\nrecreation and historic preservation shall enter into a written\\nmemorandum of understanding to facilitate the appropriate implementation\\nof the biodiversity research institute and the goals, responsibilities,\\nand programs established by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "235-B", "title" : "New York state biological survey", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "235-B", "activeDate" : "2014-09-22", "sequenceNo" : 112, "repealedDate" : null, "fromSection" : "235-B", "toSection" : "235-B", "text" : " § 235-b. New York state biological survey. 1. The New York state\\nbiological survey is hereby established in the New York state science\\nservice within the state museum to inventory, research, analyze and\\ndisseminate information about all the biota of New York. The biological\\nsurvey shall:\\n (a) Develop and maintain an inventory of the biological resources of\\nNew York state, with special emphasis on identifying those resources\\nthat are important to biological diversity, have real or potential\\neconomic significance, or have particular scientific, systematic, or\\nenvironmental importance;\\n (b) Conduct research on and advance the knowledge of the biological\\nand ecological characteristics and processes that constitute or affect\\nNew York state's environment;\\n (c) Interpret and publish the results of research on New York state's\\nbiological resources, thereby making information available to citizens,\\nteachers, industry, and government for educational purposes and for use\\nin decision making;\\n (d) Insure the preservation and appropriate expansion of the state's\\ncollection of scientific specimens and artifacts, conduct research on\\nthese collections, and make specimens and data available for biological\\nresource studies, ecosystem analyses, and other research projects; and\\n (e) Cooperate with the department of environmental conservation,\\noffice of parks, recreation and historic preservation, and other state\\nand federal agencies, private organizations and institutions,\\ncorporations, and individuals interested in biological resources.\\n 2. The survey shall not be authorized to enter any privately owned\\nlands without the written consent of the landowner, lessee, or person in\\ncontrol. The survey shall be authorized to enter into agreements with\\nlandowners to enter private lands on such terms as may be acceptable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "236", "title" : "Public television and radio", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "236", "activeDate" : "2014-09-22", "sequenceNo" : 113, "repealedDate" : null, "fromSection" : "236", "toSection" : "236", "text" : " § 236. Public television and radio. 1. Short title. This section shall\\nbe known and may be cited as the \"Public Television and Radio Act of\\nnineteen hundred seventy-eight\".\\n 2. Legislative findings and declaration of intent. In the years since\\nNew York state's educational television act was passed in nineteen\\nhundred fifty-four, public television in New York has made enormous\\nstrides. Audiences which only a decade ago were calculated in the\\nthousands now number in the millions. Approximately seven million New\\nYork residents now view public television every week. Public television,\\nwhich initially served only a handful of students, now brings nearly ten\\nthousand hours annually of the best of the state's and the nation's\\neducational programming to over one million two hundred thousand\\nstudents in three thousand schools throughout the state. These programs\\nare used by approximately fifty thousand teachers for direct classroom\\ninstruction. Public television also provides the state's youngsters with\\nsome twelve thousand hours annually of the finest children's programming\\navailable including \"Sesame Street\", \"Electric Company\", \"Zoom\" and \"Mr.\\nRogers Neighborhood\". In addition, public television provides a wealth\\nof specialized programming in the educational and cultural arts designed\\nfor viewing by, among others, minority and ethnic populations, senior\\ncitizens, the unemployed, consumers and citizens interested in the\\nperforming arts. It is the sense of the legislature that public\\ntelevision's contributions to the people of New York state have been\\nexceptional. Despite public broadcasting's great progress in New York\\nstate in recent years, its full potential remains untapped. It is,\\ntherefore, the intent of the legislature both to maintain and, expand\\nthe role of public broadcasting in supplying educational, instructional\\nand cultural programs to New Yorkers, as well as to enhance the state's\\nrole in its partnership with its citizens so that this valuable state\\nresource can be nurtured to its optimum potential.\\n 3. Public television and radio corporations; creation and operation.\\na. The board of regents may incorporate any group, institution or\\nassociation for the purpose of constructing, owning, operating or\\nmaintaining a non-profit and noncommercial public television station or\\npublic television and/or radio station for providing educational\\ntelevision and radio programs. Any such corporation shall be subject to\\nall the provisions applicable to corporations created by the board of\\nregents and, in addition, shall be subject to the provisions of this\\nsection.\\n b. The charter of any such corporation may be amended from time to\\ntime, suspended, or revoked, upon the regents' own motion, after notice\\nand an opportunity to be heard, before the board of regents or a\\ncommittee thereof or a hearing officer designated by the board of\\nregents.\\n c. Each such corporation and all its operations and the powers and\\nduties of its trustees and officers shall be subject to the general\\nsupervision and control of the board of regents and to such rules as the\\nboard of regents may adopt and promulgate from time to time with respect\\nto such corporations.\\n d. The television programs developed and presented by such\\ncorporations shall consist of educational, instructional and cultural\\nprograms.\\n e. The appointment or election of any trustee of such corporation\\nshall be subject to approval by the regents while under regents' charter\\nand through the first five years of broadcast operations. The regents\\nmay reinstitute requirements for trustee approval over a reasonable\\nperiod on finding a corporation in violation of an applicable rule,\\nregulation or law. After the expiration of rule requirements,\\ncorporations shall include a list of current trustees in its annual\\nreport.\\n f. The regents may remove any trustee, officer or employee of such\\ncorporation for misconduct, incapacity, wilful violation or neglect of\\nduty under this chapter, or wilfully disobeying, or refusing to comply\\nwith, any order or rule of the regents. The hearing in the proceeding\\nfor the removal of any such person shall be had before the board of\\nregents or a committee thereof or a hearing officer designated by the\\nboard of regents and such trustee, officer or employee shall be given at\\nleast ten days' notice of the time and place of such hearing.\\n g. The use of programs for partisan or political purposes or to\\ninfluence the enactment of legislation shall, in the discretion of the\\nboard of regents, be basis for termination of the corporate charter.\\n h. Each such corporation shall render a report to the board of regents\\nnot later than October first of each year upon such matters as the\\nregents may require, and shall furnish such other reports and\\ninformation from time to time as the regents may require.\\n i. Any corporation created under the provisions of this section may\\nmake purchases of commodities and services through the office of general\\nservices subject to such rules as may be established from time to time\\npursuant to section one hundred sixty-three of the state finance law;\\nprovided that each such purchase shall have a cost of five hundred\\ndollars or more and that said corporation shall accept sole\\nresponsibility for any payment of such cost due the vendor.\\n 4. Grants-in-aid to public television and radio corporations and\\npublic radio stations. a. There shall be apportioned, as assistance for\\napproved operating expenses of public television corporations governed\\nby the provisions of this section, an amount not exceeding the product\\nof the number of residents of the state as determined from the nineteen\\nhundred eighty decennial federal census multiplied by: one dollar for\\nthe period beginning July first, nineteen hundred eighty-five and ending\\nJune thirtieth, nineteen hundred eighty-six; one dollar multiplied by\\nfour-twelfths plus one dollar and twenty-five cents multiplied by\\neight-twelfths for the period beginning July first, nineteen hundred\\neighty-six and ending June thirtieth, nineteen hundred eighty-seven; and\\none dollar and forty cents for the period beginning July first, nineteen\\nhundred eighty-seven and ending June thirtieth, nineteen hundred\\neighty-eight, and annually thereafter. Such amount shall be allocated to\\neach such corporation in accordance with a formula and schedule of\\npayments developed and approved by the commissioner and the director of\\nthe division of the budget.\\n b. The formula and schedule of payments developed pursuant to\\nparagraph a hereof shall include provision for an amount not less than\\ntwenty percent of the total state operating assistance for instructional\\ntelevision services to be provided to local educational agencies by\\npublic television corporations through agreements with local school\\ndistricts, subject to the approval of the commissioner.\\n c. There shall be annually apportioned funds for the payment of\\napproved capital expenses of educational television corporations and\\npublic radio stations in such amounts and in such manner as the\\nlegislature shall provide.\\n d. There shall be apportioned, as assistance for approved radio\\nprogramming operating expenses, an amount not exceeding: eighty thousand\\ndollars for the period beginning July first, nineteen hundred\\neighty-five and ending June thirtieth, nineteen hundred eighty-six, and\\neighty thousand dollars multiplied by four-twelfths plus one hundred\\nthousand dollars multiplied by eight-twelfths for the period beginning\\nJuly first, nineteen hundred eighty-six and ending June thirtieth,\\nnineteen hundred eighty-seven, and one hundred ten thousand dollars for\\nthe period beginning July first, nineteen hundred eighty-seven and\\nending June thirtieth, nineteen hundred eighty-eight, and annually\\nthereafter to each public television and radio corporation, governed by\\nthe provisions of this section, and to each public radio station, as\\ndefined in paragraph f of this subdivision and paid in accordance with a\\nformula and schedule of payments developed and approved by the\\ncommissioner and the director of the division of the budget. Recipients\\nof assistance shall render a fiscal report to the board of regents not\\nlater than December first of each year upon such matters as the regents\\nmay require and shall furnish annually such other fiscal reports as the\\nregents may require.\\n e. On or before November first in each year, the board of regents\\nshall submit to the division of the budget a plan outlining a matching\\ncapital grant program for approved capital expenses of public television\\nand/or radio corporations and public radio stations to meet the\\nreplacement costs of capital items including towers, antennas,\\ntransmitters, videotape recorders, cameras, film chains, control room\\nequipment, buildings and building renovations.\\n f. Notwithstanding any other provisions of law, for purposes of this\\nsubdivision the term \"public radio station\" shall mean a non-profit and\\nnoncommercial radio station which meets the following requirements:\\n (1) The station shall be licensed to:\\n (i) an institution chartered by the board of regents; or\\n (ii) an agency of a municipal corporation; or\\n (iii) a corporation created in the state education department and\\nwithin the university of the state of New York.\\n (2) The station other than stations operated by corporations approved\\nfor funding prior to April first, nineteen hundred eighty-five shall\\nhave for a period of three consecutive years immediately prior to\\napportionment of such money and all recipients shall continue to after\\nreceipt of such money:\\n (i) broadcast at least eighteen hours per day or the maximum hours of\\noperation authorized by the federal communications commission, whichever\\nis less, three hundred sixty-five days per year; and\\n (ii) operate with a staff of at least five full-time members paid at\\nleast the federal minimum wage, a budget that includes at least\\nninety-five thousand dollars of non-federal income of which a reasonable\\nportion is received from local business, foundations, or individual\\ncontributors paid either directly to the radio station or broadcast\\ncorporation or to a not-for-profit corporation for the benefit of such\\nradio station and an effective radiated power equivalent to three\\nthousand watts at five hundred feet above average terrain or the maximum\\ntower height authorized by the federal communications commission,\\nwhichever is less for FM radio stations or two hundred fifty watts for\\nAM radio stations.\\n g. At such time that assistance authorized by paragraph a of this\\nsubdivision exceeds the sum appropriated in state fiscal year nineteen\\nhundred ninety--nineteen hundred ninety-one, there shall be apportioned\\nas assistance for approved operating expenses of New York city-licensed\\nWNYC-TV, for each three hundred sixty-five hours of public service\\nprogramming broadcast by such station annually, an amount equal to one\\npercent of that portion of public television assistance for approved\\noperating expenses which represents the increment above the level\\nappropriated in state fiscal year nineteen hundred ninety--nineteen\\nhundred ninety-one; provided, however, that the total apportionment to\\nWNYC-TV shall not exceed ten percent of such incremental assistance over\\nsuch nineteen hundred ninety--nineteen hundred ninety-one level.\\nNotwithstanding any provision of this paragraph to the contrary, such\\nfunding for WNYC-TV shall not diminish the amount of state aid received\\nby the nine public television corporations pursuant to paragraph a of\\nthis subdivision in state fiscal year nineteen hundred ninety--nineteen\\nhundred ninety-one. For the purposes of this subdivision, \"public\\nservice programming\" shall be defined as non-commercial cultural,\\ninstructional or educational programming. In order to qualify for\\nassistance under this subdivision, the minimum hours of non-commercial\\npublic service programming, shall be eight hours daily and shall include\\nthree hours daily of prime time service, which is defined as service\\nbetween the hours of 8:00 p.m. and 11:00 p.m. Non-commercial public\\nservice programming, other than prime time, shall be broadcast in blocks\\nof not less than one hundred twenty minutes. All funds so apportioned\\nshall be used for non-commercial public service television broadcast\\nactivities. WNYC-TV shall render a report to the commissioner not later\\nthan December first of each year such funds are appropriated upon the\\nuse of such appropriation, and shall furnish such other reports and\\ninformation relating to such funds as the commissioner may from time to\\ntime require. Funds appropriated pursuant to this subdivision shall not\\nbe used for partisan or political purposes or to influence the enactment\\nof legislation.\\n h. There shall be apportioned, at such time that any appropriation\\nexceeds the sum appropriated in state fiscal year nineteen hundred\\nninety--nineteen hundred ninety-one for approved capital expenses of\\neducational television corporations and public radio stations, as\\nprovided in paragraph c of this subdivision, an amount to New York\\ncity-licensed WNYC-TV. Notwithstanding any provisions of this paragraph\\nto the contrary, such funding shall not diminish the amount of state\\naid, for capital purposes, that the nine public television corporations\\nand fifteen public radio stations received in state fiscal year nineteen\\nhundred ninety--nineteen hundred ninety-one. WNYC-TV shall render a\\nreport to the commissioner not later than December first of each year\\nsuch funds are appropriated upon the use of funds apportioned pursuant\\nto this paragraph, and shall furnish such other reports and information\\nrelating to such funds as the commissioner may require.\\n 5. Implementation. For the purposes of carrying out the provisions of\\nthis section, the regents may make rules, or authorize the commissioner\\nto make regulations, providing for the implementation of this section,\\nincluding provision for annual audited reports of the financial records\\nof such corporations as the regents or the commissioner may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "237", "title" : "Regents plan for higher education including approved plans of state university and city university of New York and plans of independent i...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "237", "activeDate" : "2014-09-22", "sequenceNo" : 114, "repealedDate" : null, "fromSection" : "237", "toSection" : "237", "text" : " § 237. Regents plan for higher education including approved plans of\\nstate university and city university of New York and plans of\\nindependent institutions of higher education. 1. Purposes of planning.\\nMaster planning for higher education in New York State should:\\n a. Define and differentiate the missions and objectives of higher\\neducation.\\n b. Identify the needs, problems, societal conditions and interests of\\nthe citizens of the state of New York to which programs of higher\\neducation may most appropriately be addressed.\\n c. Define and differentiate the missions and objectives of\\ninstitutions of higher education.\\n d. Develop programs to meet the needs, solve the problems, affect the\\nconditions and respond to the public's interests by:\\n (1) Setting goals.\\n (2) Describing the time required to meet those goals.\\n (3) Identifying the resources needed to achieve the goals.\\n (4) Establishing priorities.\\n e. Be in sufficient detail to enable all participants in the planning\\nprocess, representatives of the people and the citizens themselves to\\nevaluate the needs, objectives, program proposals, priorities, costs and\\nresults of higher education.\\n f. Optimize the use of resources.\\n g. Evaluate program effectiveness.\\n 2. The regents shall, on or before the twenty-fifth day of April\\nnineteen hundred seventy-one and each fourth year thereafter, request\\nthe state university trustees, the board of higher education of the city\\nof New York, and all independent higher educational institutions to\\nsubmit long-range master plans for their development. Such request shall\\nspecify the nature of the information, plans and recommendations to be\\nsubmitted, shall describe statewide needs, problems, societal conditions\\nand interests of the citizens and discuss their priorities, and provide\\nappropriate information which may be useful in the formulation of such\\nplans.\\n 3. The regents shall, once every four years, review the proposed plan\\nand recommendations required to be submitted by the state university\\ntrustees pursuant to section three hundred fifty-four of this chapter,\\nthe proposed plan and recommendations of the board of higher education\\nin the city of New York required to be submitted pursuant to section\\nsixty-two hundred two of this chapter, and the plans of independent\\ninstitutions of higher education and, upon approval by the regents of\\nthe plans submitted by the state university trustees and the board of\\nhigher education, they shall be incorporated into a regents plan or\\ngeneral revision thereof for the development of higher education in the\\nstate. Such regents plan shall include the plan and recommendations\\nproposed by the state university trustees and the plan and\\nrecommendations proposed by the board of higher education in the city of\\nNew York and may include plans with respect to other matters not\\ncomprehended within the plan of the state and city universities,\\nincluding but not limited to improving institutional management and\\nresources, instruction and guidance programs, financial assistance to\\nstudents and extension of educational opportunities. In determining the\\nneed for additional educational facilities in a particular area, the\\nplans and facilities of existing public and independent institutions\\nshall be fully evaluated. Such statewide plan shall include for\\ninformation purposes a summary of all recommendations appearing in the\\nprior statewide plan and subsequent amendments thereof containing a\\nbrief statement of action taken and progress toward achievement of each\\nsuch recommendation.\\n 4. During the calendar year nineteen hundred sixty-four and each\\nfourth year thereafter the regents shall evaluate all available\\ninformation with respect to the plans and facilities of independent\\ninstitutions and shall review and act upon the proposed plan and\\nrecommendations of the state university trustees and upon the proposed\\nplan and recommendations of the board of higher education in the city of\\nNew York and incorporate such information, recommendations and each of\\nthe component plans so acted upon into a tentative regents plan or\\ngeneral revision thereof for the development of higher education in the\\nstate. Copies of such tentative regents plan or general revision\\nthereof, as the case may be, shall be made available to the trustees of\\nthe state university, the board of higher education in the city of New\\nYork and the governing boards of all other institutions of higher\\neducation admitted to the university of the state of New York.\\nThereafter, after giving due notice, the regents shall conduct one or\\nmore hearings on such tentative regents plan or general revision\\nthereof.\\n 5. The regents shall transmit their plan or general revision thereof\\nfor the development of higher education in the state to the governor and\\nthe legislature on or before the first day of November, nineteen hundred\\nsixty-four and each fourth year thereafter. The governor may disapprove\\nor conditionally approve any part of the plan or general revision\\nthereof after notifying the regents of such disagreements at least sixty\\ndays prior to such action during which time they may revise their\\nrecommendations relating to such items and request the governor to adopt\\nsuch revised recommendations in lieu of such action. Such plan or\\ngeneral revision thereof or so much thereof as shall be approved and\\nupon such terms and conditions as the governor may impose, shall become\\neffective upon such approval by the governor.\\n 6. Any modification recommended by the state university trustees or by\\nthe board of higher education in the city of New York to their\\nrespective plans, theretofore formulated and approved pursuant to\\nsection three hundred fifty-four or section sixty-two hundred two of\\nthis chapter shall be reviewed by the regents who may hold one or more\\nhearings thereon after giving due notice thereof. As approved by the\\nregents, such modification shall be made a part of the respective plans\\nof the state university and of the city university and shall, together\\nwith any modifications the regents may make to that portion of their\\nplan for the development of higher education in the state not\\ncomprehended in the plans of the state and city universities, be\\ntransmitted to the governor and the legislature, all of which shall then\\nbecome effective upon approval by the governor as modifications of the\\nregents plan. By the first day of November in nineteen hundred\\nseventy-four and each fourth year thereafter the regents shall summarize\\nand report to the governor and the legislature any modifications made\\npursuant to this subdivision and shall include in such report a\\nstatement on the progress made in implementing the regents plan and\\ntheir general recommendations with respect to higher education.\\n 7. An advisory council on higher education consisting of the\\nchancellor of the state university of New York, the chancellor of the\\ncity university of New York, and a representative of the commission on\\nindependent colleges and universities shall be convened by the\\ncommissioner of education and shall advise the regents and the\\ncommissioner on all phases of planning.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "238", "title" : "Chair on geriatrics in the state university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238", "activeDate" : "2014-09-22", "sequenceNo" : 115, "repealedDate" : null, "fromSection" : "238", "toSection" : "238", "text" : " § 238. Chair on geriatrics in the state university. 1. There is\\nhereby established in the state university of New York, under the\\njurisdiction of its board of trustees, one distinguished chair on\\ngeriatrics at a state operated institution in the state university for\\nprofessional education in medicine.\\n 2. The state university board of trustees shall select the location of\\nsuch chair and shall determine the fields of knowledge to be included\\nwithin the term \"geriatrics\" as used in this section.\\n 3. The state university board of trustees are hereby authorized,\\nwithin annual appropriations made for this purpose, to appoint\\noutstanding scholars to fill the chair on geriatrics established by this\\nsection, on such terms and conditions and for such duration as may be\\nagreed upon by the parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "238-A", "title" : "Statewide resource centers for geriatric education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "238-A", "activeDate" : "2014-09-22", "sequenceNo" : 116, "repealedDate" : null, "fromSection" : "238-A", "toSection" : "238-A", "text" : " § 238-a. Statewide resource centers for geriatric education. 1. There\\nis hereby established in the state university of New York, under the\\njurisdiction of its board of trustees, a statewide resource center for\\ngeriatric education as established by chapter seven hundred\\nseventy-seven of the laws of nineteen hundred eighty-one, and the acts\\nsupplemental thereto.\\n 2. The state university board of trustees is hereby authorized within\\nannual appropriations made for this purpose to designate the SUNY Health\\nScience Center at Syracuse and Mount Sinai Medical Center in New York\\ncity to implement the provisions of this section.\\n 3. The statewide resource centers for geriatric education shall be\\ncharged with developing a clearinghouse based on information gathered on\\neducational programs in existence throughout the state and nation. The\\ncenters shall make available information on model curricula, textbooks,\\nresource materials, medical residencies, internships, clinical\\nrotations, conferences, continuing education programs, funding for\\nresearch and training and other information that may be useful in\\nimproving geriatric training in medical schools within the state. They\\nmay also provide such services to allied professions.\\n 4. The centers shall periodically disseminate information of interest\\nto each of the medical schools and allied professions within the state.\\nThe centers shall also be available to assist the medical schools and\\nallied professions within the state with individual requests for\\nimproving their programs in geriatric education. Efforts should be made\\nto utilize an interdisciplinary approach in disseminating the centers'\\ninformation.\\n 5. The board of trustees shall submit a report annually to the\\ngovernor, the president of the senate, the speaker of the assembly, the\\ndirector of the state office for the aging and the commissioner of\\nhealth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "239", "title" : "Albert Einstein chairs in science and Albert Schweitzer chairs in the humanities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239", "activeDate" : "2014-09-22", "sequenceNo" : 117, "repealedDate" : null, "fromSection" : "239", "toSection" : "239", "text" : " § 239. Albert Einstein chairs in science and Albert Schweitzer chairs\\nin the humanities. 1. Legislative finding and declaration of policy.\\nThe public and private colleges in this state enjoy a well-deserved\\nreputation for academic excellence and intellectual vitality. For them\\nto preserve and further enhance their great stature they must compete\\nwith colleges in other states and countries to attract the world's most\\ndistinguished and renowned scholars. The presence of these giants of\\nscience and the humanities at institutions of learning in this state\\nstrengthens and stimulates the academic community of the entire state.\\nTheir presence in this state also serves to attract exceptional faculty\\nmembers, research scholars and students to colleges and research\\nfacilities in this state and nurtures the development of graduate work\\nin science and the humanities in colleges in this state which do not now\\nhave such programs. All of this helps to create an atmosphere of\\nintellectual, scientific and cultural vigor conducive to the attraction\\nof new atomic, space, technological and other industries to this state.\\nThe people of the entire state benefit from the resulting state-wide\\nintellectual, cultural and economic growth. The great cost attendant\\nupon attracting such world famous figures, compensating them and\\nproviding them with necessary staff and facilities is beyond the\\nfinancial means of most colleges. The legislature finds that in order\\nto meet this need a program of distinguished chairs should be\\nestablished within the university of the state of New York, under the\\njurisdiction of the regents.\\n 2. There are hereby established in the university of the state of New\\nYork, under the jurisdiction of the regents, two distinguished chairs,\\none of which shall be known as the Albert Einstein chair in science and\\none of which shall be known as the Albert Schweitzer chair in the\\nhumanities. One additional such Einstein chair and one additional such\\nSchweitzer chair shall be established during each of the fiscal years\\ncommencing April first, nineteen hundred sixty-five, nineteen hundred\\nsixty-six, nineteen hundred sixty-seven and nineteen hundred\\nsixty-eight, until a total of ten such chairs has been established. The\\nregents shall determine the fields of knowledge to be included within\\nthe terms science and humanities as used in this section.\\n 3. The regents are hereby authorized, within appropriations made\\ntherefor, to contract with outstanding scholars to fill the Albert\\nEinstein chairs in science and the Albert Schweitzer chairs in the\\nhumanities established by this section, on such terms and conditions and\\nfor such duration as may be agreed upon by the parties.\\n 4. The regents are hereby authorized, within appropriations made\\ntherefor, to contract with any college in this state on such terms and\\nconditions and for such duration as may be agreed upon by the parties,\\nin relation to the provision of proper facilities, equipment, supplies,\\nprofessional assistants, clerical and other personnel and such other\\nservices as may be necessary or appropriate to enable the holder of an\\nAlbert Einstein chair in science or an Albert Schweitzer chair in the\\nhumanities to carry out his work in connection therewith and to give\\neffect to the purposes for which such chair was established as set forth\\nin subdivision one of this section. Every college in this state is\\nhereby authorized to enter into such a contract with the regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "239-A", "title" : "Collection and distribution of student's residual consumer goods", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "239-A", "activeDate" : "2014-09-22", "sequenceNo" : 118, "repealedDate" : null, "fromSection" : "239-A", "toSection" : "239-A", "text" : " § 239-a. Collection and distribution of student's residual consumer\\ngoods. 1. For purposes of this section, the following terms shall have\\nthe following meanings:\\n a. \"consumer goods\" shall mean goods that are used or bought for use\\nprimarily for personal, family or household purposes including, but not\\nlimited to, home furnishings, canned and non-perishable foods,\\nfactory-sealed and/or originally-packaged toiletries, clothing,\\ncookware, and electronics.\\n b. \"university\" and \"college\" shall have the same meaning as set forth\\nin section two of this title.\\n c. \"city university\" shall have the same meaning as set forth in\\nsection sixty-two hundred two of this chapter.\\n 2. The administration of the individual state and city universities\\nand colleges and every public or private college, community college or\\nuniversity within the state, are hereby authorized to facilitate a\\ncampus-wide charitable donation program for local area not-for-profit\\norganizations utilizing students' residual consumer goods. The\\nadministration:\\n a. shall designate a collection area for students to drop-off their\\nunused or surplus goods two weeks before the end of the school year;\\n b. shall either develop a direct donation program of the residual\\nconsumer goods or organize a charitable event to collect residual\\nconsumer goods and donate such goods to local not-for-profit\\norganizations; and\\n c. may involve student organizations for the implementation of the\\nprogram.\\n 3. The consumer goods collected:\\n a. shall be from those college students residing in campus-related\\nresidential facilities;\\n b. shall be consumer goods that would be discarded at the end of the\\nschool year by college students;\\n c. shall be in useable and good working condition.\\n 4. In the event that there is no viable local not-for-profit\\norganization able to accept the residential consumer goods collected,\\nthe administration of the individual state or city university or college\\nor public or private college, community college or university within the\\nstate may organize a campus-wide sale of such goods. The profits of such\\nsale may be dedicated by the student organizations or by the individual\\nstate or city university or college or public or private college,\\ncommunity college or university facilitating the program to a local\\nnot-for-profit organization.\\n 5. The administration of any individual state or city university or\\ncollege or public or private college, community college or university\\nmay grant credit to student members of organizations involved with the\\nprogram, pursuant to subdivision two of this section, in the amount and\\nform that such administration deems appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 67 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A5P1-A", "title" : "Cody Center For Autism and Developmental Disabilities", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1-A", "activeDate" : "2014-09-22", "sequenceNo" : 119, "repealedDate" : null, "fromSection" : "240", "toSection" : "243", "text" : " PART 1-A\\n CODY CENTER FOR AUTISM AND DEVELOPMENTAL DISABILITIES\\nSection 240. The Stony Brook university Cody center for autism and\\n developmental disabilities at Stony Brook university.\\n 241. Purposes of the Cody center.\\n 242. Site.\\n 243. Funding and reporting.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "240", "title" : "The Stony Brook university Cody center for autism and developmental disabilities at Stony Brook university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "240", "activeDate" : "2014-09-22", "sequenceNo" : 120, "repealedDate" : null, "fromSection" : "240", "toSection" : "240", "text" : " § 240. The Stony Brook university Cody center for autism and\\ndevelopmental disabilities at Stony Brook university. The Stony Brook\\nuniversity Cody center for autism and developmental disabilities\\n(hereinafter the \"Cody center\") is hereby established under the\\njurisdiction of the state university of New York. The Cody center shall\\nbe administered as a program of the state university in accordance with\\nthe policies of the trustees of the state university.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "241", "title" : "Purposes of the Cody center", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "241", "activeDate" : "2014-09-22", "sequenceNo" : 121, "repealedDate" : null, "fromSection" : "241", "toSection" : "241", "text" : " § 241. Purposes of the Cody center. The purposes of the Cody center\\nshall be to:\\n 1. Advance the standards of care for individuals with autism spectrum\\ndisorders and other developmental disabilities.\\n 2. Provide an educational setting for professionals working with\\nfamilies of individuals with developmental disabilities.\\n 3. Contribute significant research outcomes to the body of science\\nsurrounding cause, identification, and treatment of developmental\\ndisabilities.\\n 4. Practice a multidisciplinary approach when serving people with\\ndevelopmental disabilities.\\n 5. Support and advance developed programs that form the core of\\ncommunity services and education including the social skills program,\\nthe resource center, the school consultation program, undergraduate and\\ngraduate courses, the parent education program and case management.\\n (a) The social skills program at the Cody center:\\n (i) Curriculum is primarily geared toward children and adolescents\\nwith pervasive developmental disorders.\\n (ii) The program uses a positive teaching approach, in a group format,\\nto promote the development of pro-social behaviors.\\n (iii) Clinical psychologists and behavior specialists facilitate\\ngroups.\\n (b) Resource center services: The Cody center occupies a facility in\\nPort Jefferson Station designed to provide evaluation and continuing\\ntreatment by a multidisciplinary staff including psychiatry, psychology,\\nneurology, genetics, social work and other specialties. The Cody center\\nprovides the following services:\\n (i) Community outreach.\\n (ii) Individualized information/support sessions with family members\\nof newly diagnosed children.\\n (iii) Medicaid service coordination.\\n (iv) Non-medicaid service coordination.\\n (v) Sponsorship of parent and professional training seminars.\\n (c) School consultation services: Children with autism spectrum\\ndisorders face a number of challenges in mainstream educational systems.\\nOften, school district personnel do not have the special training\\nrequired to make inclusion a rewarding and successful experience. The\\nschool consultation program aims to support teachers and other school\\npersonnel in their efforts to educate and work effectively with children\\nwith autism spectrum disorders. The program provides:\\n (i) Proactive and ongoing technical assistance to school districts and\\nprivate educational facilities throughout Long Island.\\n (ii) Consultation services by Cody center autism specialists with\\nextensive experience and training in addressing the learning and\\nbehavioral needs of children with autism spectrum disorders.\\n (d) Services include:\\n (i) Program planning and staff development.\\n (ii) Parent training.\\n (iii) Technical assistance to classroom teams to address the needs of\\na particular child or children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "242", "title" : "Site", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "242", "activeDate" : "2014-09-22", "sequenceNo" : 122, "repealedDate" : null, "fromSection" : "242", "toSection" : "242", "text" : " § 242. Site. The site of the Cody center shall be at the Matt and\\nDebra Cody center for autism and developmental disabilities at the state\\nuniversity at Stony Brook.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "243", "title" : "Funding and reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "243", "activeDate" : "2014-09-22", "sequenceNo" : 123, "repealedDate" : null, "fromSection" : "243", "toSection" : "243", "text" : " § 243. Funding and reporting. Funds shall be made available for the\\nsupport of the Cody center in the amounts appropriated for this purpose.\\nThe Cody center shall annually submit a complete and detailed report\\nsetting forth its operations and accomplishments to the chancellor of\\nthe state university, the president of the state university at Stony\\nBrook, the director of the budget, and the chairs of the senate higher\\neducation committee, the senate finance committee, the assembly higher\\neducation committee and the assembly ways and means committee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A5P2", "title" : "Libraries", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 124, "repealedDate" : null, "fromSection" : "245", "toSection" : "285", "text" : " PART II\\n LIBRARIES\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "245", "title" : "State library, how constituted", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "245", "activeDate" : "2014-09-22", "sequenceNo" : 125, "repealedDate" : null, "fromSection" : "245", "toSection" : "245", "text" : " § 245. State library, how constituted. All books, pamphlets,\\nmanuscripts, records, archives and maps, and all other property\\nappropriate to a general library, if owned by the state and not placed\\nin other custody by law, shall be in charge of the regents and\\nconstitute the state library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "246", "title" : "State medical library", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "246", "activeDate" : "2014-09-22", "sequenceNo" : 126, "repealedDate" : null, "fromSection" : "246", "toSection" : "246", "text" : " § 246. State medical library. The state medical library shall be a\\npart of the New York state library under the same government and\\nregulations and shall be open for consultation to every citizen of the\\nstate at all hours when the state library is open and shall be available\\nfor borrowing books to every accredited physician residing in the state\\nof New York, who shall conform to the rules made by the regents for\\ninsuring proper protection and the largest usefulness to the people of\\nthe said medical library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "247", "title" : "State law library; legislative reference library", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "247", "activeDate" : "2014-09-22", "sequenceNo" : 127, "repealedDate" : null, "fromSection" : "247", "toSection" : "247", "text" : " § 247. State law library; legislative reference library. The state\\nlaw library and the legislative reference library shall be parts of the\\nNew York state library under the same government and regulations and\\nshall be open for consultation to every citizen of the state at all\\nhours when the state library is open and the law library shall be\\navailable for borrowing books to every duly admitted attorney residing\\nin the state of New York, who shall conform to the rules made by the\\nregents for insuring proper protection and the largest usefulness to the\\npeople of the said law library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "248", "title" : "Manuscript and records \"on file\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "248", "activeDate" : "2014-09-22", "sequenceNo" : 128, "repealedDate" : null, "fromSection" : "248", "toSection" : "248", "text" : " § 248. Manuscript and records \"on file\". Manuscript or printed papers\\nof the legislature, usually termed \"on file,\" and which shall have been\\non file more than five years in custody of the senate and assembly\\nclerks, and all public records of the state not placed in other custody\\nby a specific law shall be part of the state library and shall be kept\\nin rooms assigned and suitably arranged for that purpose by the trustees\\nof public buildings. The regents shall cause such papers and records to\\nbe so classified and arranged that they can be easily found. No paper or\\nrecord shall be removed from such files except on a resolution of the\\nsenate and assembly withdrawing them for a temporary purpose, and in\\ncase of such removal a description of the paper or record and the name\\nof the person removing the same shall be entered in a book provided for\\nthat purpose, with the date of its delivery and return.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "249", "title" : "State library, when open; use of books", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "249", "activeDate" : "2014-09-22", "sequenceNo" : 129, "repealedDate" : null, "fromSection" : "249", "toSection" : "249", "text" : " § 249. State library, when open; use of books. The state library shall\\nbe kept open at least eight hours each day on five days every week in\\nthe year except the legal holidays known as Independence day,\\nThanksgiving day and Christmas day. Nothing in this section shall\\nprohibit the regents from opening the state library on other days and\\ntimes. Members of the legislature, judges of the court of appeals,\\njustices of the supreme court and heads of state departments may borrow\\nfrom the library books for use in Albany, but shall be subject to such\\nrestrictions and penalties as may be prescribed by the regents for the\\nsafety or greater usefulness of the library. Under such rules and\\nconditions as the regents may prescribe, the state library may lend its\\nbooks and printed material for a limited time to other individuals and\\ninstitutions conforming to said rules and conditions. Such service shall\\nbe free to residents of this state as far as practicable, but the\\nregents may, in their discretion, charge a proper fee to nonresidents or\\nfor assistance of a personal nature or for other reason not properly an\\nexpense to the state, but which may be authorized for the accommodation\\nof users of the library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "249-A", "title" : "Libraries of public institutions of higher education; access and use", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "249-A", "activeDate" : "2014-09-22", "sequenceNo" : 130, "repealedDate" : null, "fromSection" : "249-A", "toSection" : "249-A", "text" : " § 249-a. Libraries of public institutions of higher education; access\\nand use. The state university trustees and the board of higher\\neducation of the city of New York are hereby authorized to establish\\nsuch rules and regulations as may be necessary and appropriate to make\\nprovision for access and use by the residents of the state of the\\nlibraries and library facilities of the public institutions of higher\\neducation under their respective jurisdictions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "250", "title" : "Duplicate department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "250", "activeDate" : "2014-09-22", "sequenceNo" : 131, "repealedDate" : null, "fromSection" : "250", "toSection" : "250", "text" : " § 250. Duplicate department. The regents shall have charge of the\\npreparation, publication and distribution, whether by sale, exchange or\\ngift, of the colonial history, natural history and all other state\\npublications not otherwise assigned by law. To guard against waste or\\ndestruction of state publications, and to provide for the completion of\\nsets to be permanently preserved in American and foreign libraries, the\\nregents shall maintain a duplicate department to which each state\\ndepartment, bureau, board, commission, authority, division, office or\\npublic benefit corporation shall send after completing its distribution,\\nany remaining copies which it no longer requires. The above, with any\\nother publications not needed in the state library, shall be the\\nduplicate department, and rules for sale, exchange or distribution from\\nit shall be fixed by the regents, who shall use all receipts from such\\nexchanges or sales for the expenses of and for increasing the duplicate\\ndepartment or depository of the state library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "251", "title" : "Transfers from state officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251", "activeDate" : "2014-09-22", "sequenceNo" : 132, "repealedDate" : null, "fromSection" : "251", "toSection" : "251", "text" : " § 251. Transfers from state officers. The librarian of any library\\nowned by the state, or the officer in charge of any state department,\\nbureau, board, commission or other office may, with the approval of the\\nregents, transfer to the permanent custody of the state library or\\nmuseum any books, papers, maps, manuscripts, specimens or other articles\\nwhich, because of being duplicates or for other reasons, will in his\\njudgment be more useful to the state in the state library or museum than\\nif retained in his keeping.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "252", "title" : "Other libraries owned by the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "252", "activeDate" : "2014-09-22", "sequenceNo" : 133, "repealedDate" : null, "fromSection" : "252", "toSection" : "252", "text" : " § 252. Other libraries owned by the state. The report of the state\\nlibrary to the legislature shall include a statement of the total number\\nof volumes or pamphlets, the number added during the year, with a\\nsummary of operations and conditions, and any needed recommendation for\\nsafety or usefulness for each of the other libraries owned by the state,\\nthe custodian of which shall furnish such information or facilities for\\ninspection as the regents may require for making this report. Each of\\nthese libraries shall be under the sole control now provided by law, but\\nfor the annual report of the total number of books owned by or bought\\neach year by the state, it shall be considered as a branch of the state\\nlibrary and shall be entitled to any facilities for exchange of\\nduplicates, inter-library loans or other privileges properly accorded to\\na branch.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "253", "title" : "Public and association libraries and museums", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "253", "activeDate" : "2014-09-22", "sequenceNo" : 134, "repealedDate" : null, "fromSection" : "253", "toSection" : "253", "text" : " § 253. Public and association libraries and museums. 1. All\\nprovisions of this section and of sections two hundred fifty-four to two\\nhundred seventy-one inclusive shall apply equally to libraries, museums,\\nand to combined libraries and museums, and the word \"library\" shall be\\nconstrued to mean reference and circulating libraries and reading rooms.\\n 2. The term \"public\" library as used in this chapter shall be\\nconstrued to mean a library, other than professional, technical or\\npublic school library, established for free public purposes by official\\naction of a municipality or district or the legislature, where the whole\\ninterests belong to the public; the term \"association\" library shall be\\nconstrued to mean a library established and controlled, in whole or in\\npart, by a group of private individuals operating as an association,\\nclosed corporation or as trustees under the provisions of a will or deed\\nof trust; and the term \"free\" as applied to a library shall be construed\\nto mean a library maintained for the benefit and free use on equal terms\\nof all the people of the community in which the library is located.\\n 3. The term \"Indian library\" shall be construed to mean a public\\nlibrary established by the tribal government of the Saint Regis Mohawk\\ntribe, the Seneca Nations of Indians or the Tonawanda Seneca tribe and\\nlocated on their respective reservations, to serve Indians residing on\\nsuch reservations and any other persons designated by its board of\\ntrustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "254", "title" : "Standards of library service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "254", "activeDate" : "2014-09-22", "sequenceNo" : 135, "repealedDate" : null, "fromSection" : "254", "toSection" : "254", "text" : " § 254. Standards of library service. The regents shall have power to\\nfix standards of library service for every free association, public and\\nhospital library or, with the advice of the appropriate tribal\\ngovernment and library board of trustees, Indian library which receives\\nany portion of the moneys appropriated by the state to aid such\\nlibraries, or which is supported in whole or in part by tax levied by\\nany municipality or district. In the case of a hospital library or a\\nlibrary serving a hospital, such standards shall be established in\\nconsultation with the commissioner of health. If any such library shall\\nfail to comply with the regents requirements, such library shall not\\nreceive any portion of the moneys appropriated by the state for free,\\nhospital or Indian libraries nor shall any tax be levied by any\\nmunicipality or district for the support in whole or in part of such\\nlibrary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "255", "title" : "Establishment of a public library", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-06", "2016-01-08", "2017-08-18" ], "docLevelId" : "255", "activeDate" : "2014-09-22", "sequenceNo" : 136, "repealedDate" : null, "fromSection" : "255", "toSection" : "255", "text" : " § 255. Establishment of a public library. 1. By a majority vote at any\\nelection, or at a meeting of the electors duly held, any county, city,\\nvillage, town, school district or other body authorized to levy and\\ncollect taxes; or by vote of its board of supervisors or other governing\\nelective body any county, or by vote of its common council or by action\\nof a board of estimate and apportionment or other proper authority any\\ncity, or by vote of its board of trustees any village, or by vote of its\\ntown board any town, or any combination of such voting bodies, may\\nindividually or jointly authorize the establishment of a public library\\nwith or without branches, and may appropriate money raised by tax or\\notherwise to equip and maintain such library or libraries or to provide\\na building or rooms for its or their use. Any such municipality or\\ndistrict may acquire real or personal property for library purposes by\\ngift, grant, devise, bequest or condemnation and may take, buy, sell,\\nhold and transfer either real or personal property for public library\\npurposes. Whenever twenty-five taxpayers shall so petition, the question\\nof providing library facilities shall be voted on at the next election\\nor meeting at which taxes may be voted, provided that due public notice\\nof the proposed action shall have been given. Whenever the electors of a\\nschool district at a district meeting duly held shall have authorized\\nthe establishment of a public library under the provisions of this\\nsection, at such meeting or at any subsequent meeting duly held, they\\nmay determine by a majority of the voters present and voting on the\\nproposition to levy a tax to be collected in installments for the\\npurchase or condemnation of a site and the erection thereon of a library\\nbuilding or the erection of a library building on land acquired\\notherwise than by purchase or condemnation, or for the purchase of land\\nand a suitable building thereon and make necessary alterations and\\nadditions and equip such building for use as a library.\\n 2. Upon the request of a majority of the members of the boards of\\ntrustees of two or more libraries chartered by the regents, if it shall\\nappear to the satisfaction of the commissioner that the establishment of\\na cooperative library system will result in improved and expanded\\nlibrary service to the area and that the area is suitable for the\\nestablishment of such a cooperative library system, the commissioner may\\ncall a joint meeting of the trustees of such libraries for the purpose\\nof determining whether a cooperative library system shall be established\\nand electing a board of trustees of such cooperative library system. If\\nit shall appear to the commissioner that the area proposed for the\\ncooperative library system is not sufficient to warrant the\\nestablishment of such system; that such area is not otherwise suitable\\nor that for sufficient other reason such cooperative library system as\\nproposed should not be established he shall disapprove such request.\\n a. Notice of such meeting shall be given by the commissioner to each\\ntrustee by mail to his last known address at least five days prior to\\nsuch meeting. At such meeting the board of trustees of each library\\nparticipating shall have five votes.\\n b. Such meeting shall be called to order by the person designated by\\nthe commissioner and shall thereupon organize by the election of a\\nchairman. At such meeting a resolution in substantially the following\\nform shall be presented for the action of the meeting: \"Resolved that a\\ncooperative library system be established consisting of the following\\nlibraries chartered by the regents ............... (name libraries) for\\nthe purpose of expanding and improving library service in the area\\nserved by the above named libraries.\"\\n c. If the resolution described above is adopted, then the meeting\\nshall proceed to elect a board of trustees of such library system to\\nconsist of not less than five nor more than twenty-five members as\\ndetermined by the meeting.\\n d. Within one month after taking office, the trustees-elect shall\\napply to the regents for a charter as a cooperative library system.\\n e. The board of trustees shall manage and control such cooperative\\nlibrary system and shall have all the powers of trustees of other\\neducational institutions in the university as defined in this chapter.\\nSuch board shall elect a president, secretary and treasurer. Before\\nentering upon his duties, such treasurer shall execute and file with the\\ntrustees an official undertaking in such sum and with such sureties as\\nthe board shall direct and approve. The treasurer need not be a member\\nof such board. The funds of the cooperative library system shall be\\ndeposited in a bank or banks designated by the board of trustees and\\nshall be expended only under the direction of such trustees upon\\nproperly authenticated vouchers.\\n f. The term of office of trustees shall be five years except that the\\nmembers of the first board of trustees shall determine by lot the year\\nin which the term of office of each trustee shall expire so that as\\nnearly as possible the terms of one-fifth of the members of such board\\nwill expire annually. Thereafter, the successors of such trustees shall\\nbe elected annually by a meeting of the trustees of the participating\\nlibraries in the cooperative library system. No trustee shall hold\\noffice consecutively for more than two full terms. Such meeting shall be\\ncalled by the secretary of the cooperative library system who shall give\\nnotice to all the trustees of participating libraries in the manner\\nprovided in subparagraph a of this subdivision for giving notice of the\\nmeeting to authorize the establishment of such cooperative library\\nsystem.\\n g. A contract may be entered into between the board of trustees of a\\ncooperative library system and the department under which the state\\nlibrary will provide services, facilities and staff to the cooperative\\nlibrary system upon terms agreed upon by and between the parties to such\\ncontract.\\n h. Nothing herein contained shall be deemed to deprive any\\nparticipating library of its property.\\n i. The board of trustees of any library chartered by the regents which\\nis not participating in a cooperative library system may adopt a\\nresolution requesting that such library become a participating library\\nin a cooperative library system. Duplicate copies of such resolution\\ncertified by the clerk of such board of trustees shall be filed with the\\nboard of trustees of the cooperative library system. If such board\\napprove such resolution such approval shall be endorsed thereon and a\\ncopy thereof shall be filed with the commissioner. Upon such resolution\\nbeing approved by the commissioner such additional library shall become\\na participating library in such system and shall have the same rights,\\nduties and privileges as other libraries participating therein.\\n j. The participating libraries in such library system shall be those\\nlibraries, members of the boards of trustees of which join in\\npetitioning the commissioner to call the meeting for the establishment\\nof the cooperative library system pursuant to this section, and who are\\nnamed in the resolution voted upon by such meeting and in the charter of\\nthe library system.\\n k. The board of trustees of each public library system shall meet no\\nfewer than six times a year.\\n 3. Trustees of a reference and research library resources system shall\\nhave those powers set forth in section two hundred twenty-six of this\\narticle with respect to trustees of corporations chartered by the\\nregents, and in addition shall have the following powers and duties:\\n a. The board of trustees of a reference and research library resources\\nsystem shall include at least one representative of each constituent\\npublic library system, at least one representative of the member\\nacademic library with the largest collection, and at least two\\nnonlibrarians from the research community served by the system.\\n b. The term of office of trustees shall be five years except that the\\nmembers of the first board of trustees shall determine by lot the year\\nin which the term of office of each trustee shall expire so that as\\nnearly as possible the terms of one-fifth of the members of such board\\nwill expire annually. Thereafter, the successors of such trustees shall\\nbe elected annually by a meeting of the designated representatives of\\nthe member institutions participating in the reference and research\\nlibrary resources system. No trustee shall hold office consecutively for\\nmore than two full terms. Such annual meeting shall be called by the\\nsecretary of the reference and research library resources system who\\nshall give notice to all the participating libraries by mail at least\\nfive days prior to such meeting.\\n c. The board of trustees shall meet no fewer than six times a year.\\n 4. By a majority vote of the tribal government of an Indian\\nreservation, or upon the request of the tribal government of an Indian\\nreservation, an Indian library may be established, with or without\\nbranches, and may make application to the state or other source for\\nmoney to equip and maintain such library or libraries or to provide a\\nbuilding or rooms for its uses. Notwithstanding the provisions of\\nsection seven of the Indian law, the board of trustees of such library,\\non behalf of the tribal government, may acquire real or personal\\nproperty for use by an Indian library by gift, grant, devise, bequest\\nand may take, buy, sell, hold and transfer either real or personal\\nproperty for the purposes of such library. No more than one Indian\\nlibrary may be established on a reservation and such library shall serve\\nall inhabitants of that reservation. No such library shall be\\nestablished on any reservation that has fewer than three hundred\\npermanent residents and one thousand acres of land.\\n 5. The boards of trustees of any two, or more, public libraries,\\nIndian libraries, reference and research library resources systems,\\ncooperative library systems, or association libraries, as defined in\\nthis article, may pool surplus funds to be used for the purchase of\\ncertificates of deposit in any bank or trust company, provided that such\\ncertificate of deposit be secured by a pledge of obligations of the\\nUnited States of America, or any obligation fully guaranteed or insured\\nas to interest and principal by the United States of America acting\\nthrough an agency, subdivision, department or division thereof, or\\nobligations of the state of New York. Each participating public library,\\nIndian library, reference and research library resources system,\\ncooperative library system or association library shall be entitled to\\nits pro-rata share of interest earned on such certificates in proportion\\nto its contribution to the purchase price of such certificates.\\n 6. The board of trustees of any two, or more, public libraries, public\\nlibrary systems, reference and research library resources systems, as\\ndefined in this chapter, shall have the power to enter into, amend,\\ncancel and terminate agreements for performance among themselves or one\\nfor the other of their respective functions, for the purpose of\\ncooperatively advertising and awarding bids for equipment, supplies and\\nservices, provided:\\n a. such advertising and awards have been made in accordance with the\\nrequirements of article five-A of the general municipal law;\\n b. the purchasing and making of contracts shall be subject to general\\nlaws applicable thereto; and\\n c. that any such agreements shall include a manner of responding for\\nany liabilities that might be incurred in the operation of the joint\\nservice or agreement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "256", "title" : "Contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "256", "activeDate" : "2014-09-22", "sequenceNo" : 137, "repealedDate" : null, "fromSection" : "256", "toSection" : "256", "text" : " § 256. Contracts. 1. Any authority named in section two hundred\\nfifty-five may, individually or jointly with another municipal or\\ndistrict body or tribal government, grant money for the support of the\\ncost of maintaining or the cost of any capital improvements to or\\nexpenditure for one or more: free association libraries, provided such\\nlibraries are registered by the regents; public libraries, provided such\\nlibraries are registered by the regents; and cooperative library systems\\napproved by the commissioner; or may, individually or jointly with\\nanother municipal or district body or tribal government, contract with\\nthe trustees of a free association library registered by the regents, or\\nwith any municipal or district body having control of such a library, or\\nwith the trustees of the cooperative library system, or with the\\ntrustees of a public library registered by the regents to furnish\\nlibrary services to the people of the municipality, district or\\nreservation for whose benefit the contract is made, under such terms and\\nconditions as may be stated in such contract. The amount agreed to be\\npaid for such services under such contract shall be a charge upon the\\nmunicipal or district bodies or tribal government which agree to make\\nthe payment and shall be paid directly to the treasurer of the free\\nassociation library, public library or of the cooperative library\\nsystem.\\n 2. When the municipality agreeing to make the payment or grant is a\\ntown in which there are one or more incorporated villages, which village\\nor villages jointly with such town contract with the trustees of a\\ncooperative library system, a free association library or with another\\nmunicipal district or body having control of a public library whether or\\nnot such district or body is an incorporated village in such town, the\\namount appropriated by the town board in such town shall be a charge\\nupon the taxable property of that part of the town outside of any such\\nincorporated village.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "257", "title" : "Acceptance of conditional gift", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "257", "activeDate" : "2014-09-22", "sequenceNo" : 138, "repealedDate" : null, "fromSection" : "257", "toSection" : "257", "text" : " § 257. Acceptance of conditional gift. By majority vote at any\\nelection or at a meeting of the electors, duly held, any municipality or\\ndistrict or by three-fourths vote of its council any city, or any\\nlibrary or any designated branch thereof if so authorized by such vote\\nof a municipality, district or council, or any combination of such\\nvoting bodies, may accept gifts, grants, devises or bequests for library\\npurposes or for kindred affiliated educational, social and civic\\nagencies on condition that a specified annual appropriation shall\\nthereafter be made for the maintenance of a library or branches thereof,\\nor of such kindred affiliated agencies, by the municipality or district\\nor combination so authorizing such acceptance, or upon such other\\nconditions as may be stipulated in the terms of the gift. Such\\nacceptance when approved by the regents of the university under seal and\\nrecorded in its book of charters shall be a binding contract, and such\\nmunicipality or district shall levy and collect yearly in the manner\\nprescribed for other taxes the amount stipulated and shall maintain any\\nso accepted gift, grant, devise or bequest intact and make good any\\nimpairment thereof, and shall comply with all other conditions set forth\\nin the stated terms of the gift.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "258", "title" : "Closing of museum; admission fee during certain hours", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "258", "activeDate" : "2014-09-22", "sequenceNo" : 139, "repealedDate" : null, "fromSection" : "258", "toSection" : "258", "text" : " § 258. Closing of museum; admission fee during certain hours. The\\ntrustees of any institution supported under this chapter by public\\nmoney, in whole or in part, may, so far as consistent with free use by\\nthe public at reasonable or specified hours, close any of its museum\\ncollections at certain other hours, for study, to meet the demands of\\nspecial students or for exhibition purposes, and may charge an admission\\nfee at such hours, provided that all receipts from such fees shall be\\npaid into the treasury and be used for the maintenance or enlargement of\\nthe institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "258-A", "title" : "Purchases by museums, historical societies, zoological gardens, aquariums, botanical gardens and arboreta through office of general services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "258-A", "activeDate" : "2014-09-22", "sequenceNo" : 140, "repealedDate" : null, "fromSection" : "258-A", "toSection" : "258-A", "text" : " § 258-a. Purchases by museums, historical societies, zoological\\ngardens, aquariums, botanical gardens and arboreta through office of\\ngeneral services. Museums, historical societies, zoological gardens,\\naquariums, botanical gardens and arboreta which are chartered or\\nincorporated by the regents or otherwise formed pursuant to section two\\nhundred sixteen of this chapter or otherwise pursuant to the laws of\\nthis state and are also non-profit organizations may make purchases of\\ncommodities and services through the office of general services subject\\nto such rules as may be established from time to time pursuant to\\nsection one hundred sixty-three of the state finance law; provided that\\neach such purchase shall have a cost of five hundred dollars or more and\\nthat said museum, historical society, zoological garden, aquarium,\\nbotanical garden or arboreta shall accept sole responsibility for any\\npayment of such cost due the vendor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "259", "title" : "Library taxes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-03-12", "2022-08-05", "2023-10-27" ], "docLevelId" : "259", "activeDate" : "2014-09-22", "sequenceNo" : 141, "repealedDate" : null, "fromSection" : "259", "toSection" : "259", "text" : " § 259. Library taxes. 1. a. Taxes, in addition to those otherwise\\nauthorized, may be voted for library purposes by any authority named in\\nsection two hundred fifty-five of this part and shall, unless otherwise\\ndirected by such vote, be considered as annual appropriations therefor\\nuntil changed by further vote and shall be levied and collected yearly,\\nor as directed, as are other general taxes. In the case of a school\\ndistrict the appropriation for library purposes shall be submitted to\\nthe voters of the district as proposed by the library board of trustees\\nin a separate resolution and shall not be submitted as a part of the\\nappropriation of the necessary funds to meet the estimated expenditures\\nof the school district. All moneys received from taxes or other public\\nsources for library purposes shall be kept as a separate library fund by\\nthe treasurer of the municipality or district making the appropriation\\nand shall be expended only under direction of the library trustees on\\nproperly authenticated vouchers, except that money received from taxes\\nand other public sources for the support of a public library or a free\\nassociation library or a cooperative library system shall be paid over\\nto the treasurer of such library or cooperative library system upon the\\nwritten demand of its trustees. All such moneys paid over to a public\\nlibrary treasurer shall be deposited and secured in the manner provided\\nby section ten of the general municipal law and the library trustees or\\nthe library treasurer, if the trustees shall delegate such duty to him,\\nmay invest such moneys in the manner provided by section eleven of such\\nlaw.\\n b. (1) Except as provided in subparagraph two of this paragraph,\\nwhenever qualified voters of a municipality, in a number equal to at\\nleast ten per centum of the total number of votes cast in such\\nmunicipality for governor at the last gubernatorial election, shall so\\npetition and the library board of trustees shall endorse, the question\\nof establishing or increasing the amount of funding of the annual\\ncontribution for the operating budget of a registered public or free\\nassociation library by such municipality to a sum specified in said\\npetition, shall be voted on at the next general election of such\\nmunicipality, provided that due public notice of the proposed action\\nshall have been given. An increase in library funding provided pursuant\\nto this paragraph shall not apply to a municipal budget adopted prior to\\nthe date of such election.\\n (2) Solely for the purposes of this paragraph, the term \"municipality\"\\nshall:\\n (i) not include a city with a population of one million or more,\\n (ii) mean only a county when the public libraries located in such\\ncounty are members of a federated public library system whose central\\nlibrary is located in a city of more than three hundred thousand\\ninhabitants.\\n 2. In the case of a joint public library authorized to be established\\nby two or more municipalities or districts pursuant to section two\\nhundred fifty-five of this chapter, the governing bodies of the\\nparticipating municipalities and districts shall enter into an agreement\\ndesignating the treasurer of one of the participating municipalities or\\ndistricts to be the treasurer of the joint public library. The agreement\\nshall be for a period of not less than one year nor more than five years\\nand the state comptroller and the commissioner of education shall be\\nnotified in writing by the board of library trustees of such agreement\\nand designation.\\n The municipality or district whose treasurer is designated to serve as\\ntreasurer of a joint public library may be compensated for the services\\nrendered by such official to the library. The amount to be paid for such\\nservices shall be determined by agreement between the governing body of\\nthe municipality or district and the board of library trustees, and\\nshall be paid at least annually from the public library fund.\\n 3. The treasurer of a joint public library shall maintain the separate\\nlibrary fund required by subdivision one of this section and shall\\ncredit to such fund all moneys received. The state aid apportioned to a\\njoint public library, amounts appropriated by participants toward its\\nsupport and all amounts received from other sources shall be paid to the\\nlibrary treasurer. Appropriations for the library made by the\\nparticipating municipalities or districts shall be paid in full to the\\nlibrary treasurer within sixty days after the beginning of the library\\nfiscal year.\\n Disbursements for purposes of a joint public library shall be made by\\nthe treasurer in the manner prescribed in subdivision one of this\\nsection.\\n Within thirty days after the close of the fiscal year the treasurer\\nshall make an annual report of the receipt and disbursement of library\\nmoneys to the board of library trustees and to the governing body of\\neach of the participating municipalities or districts.\\n 4. Notwithstanding the provisions of subdivisions one and three of\\nthis section, the library trustees may by resolution establish a petty\\ncash fund, in such amount as they shall determine, for any employee who\\nhas supervision of any library or branch thereof. Expenditures from such\\nfund may be made by such employee in advance of audit by the library\\ntrustees, but only after the submission of properly itemized and\\nauthenticated vouchers for materials, supplies or services furnished to\\nthe library or branch thereof and upon terms calling for payment to the\\nvendor upon the delivery of any such materials or supplies or the\\nrendering of any such services. At each meeting of the library trustees\\na list of all expenditures made from such fund since the last meeting of\\nthe trustees, together with the vouchers supporting such expenditures,\\nshall be presented by such employee to the library trustees. The\\ntrustees shall direct the treasurer to reimburse such petty cash fund in\\nan amount equal to the total of such bills which the trustees shall so\\nallow. Any of such bills or any portion of such bills which the library\\ntrustees shall refuse to allow shall be the personal liability of such\\nemployee and he shall promptly reimburse such petty cash fund in the\\namount of such disallowances. If such reimbursement has not been made by\\nthe time of the first payment of salary to such employee after the\\naction of the library trustees in disallowing an amount so expended,\\nsuch amount shall be withheld from such salary payment to such employee\\nand, if necessary, subsequent salary payments and paid into such petty\\ncash fund until an amount so disallowed by the library trustees has been\\nrepaid in full to the petty cash fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "260", "title" : "Trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-03-12", "2022-08-05" ], "docLevelId" : "260", "activeDate" : "2014-09-22", "sequenceNo" : 142, "repealedDate" : null, "fromSection" : "260", "toSection" : "260", "text" : " § 260. Trustees. 1. Public libraries authorized to be established by\\naction of the voters or their representatives shall be managed by\\ntrustees who shall have all the powers of trustees of other educational\\ninstitutions of the university as defined in this chapter; provided that\\nthe number of trustees of county public libraries and Indian libraries\\nshall not be less than five nor more than fifteen and that the number of\\ntrustees of other public libraries shall not be less than five nor more\\nthan fifteen. The number of trustees of joint public libraries\\nauthorized to be established by two or more municipalities or districts\\nor any combination thereof shall be not less than five nor more than\\ntwenty-five, as determined by agreement of the voting bodies empowered\\nto authorize the establishment of such libraries pursuant to subdivision\\none of section two hundred fifty-five of this chapter and shall be set\\nforth in the resolution authorizing the establishment of such joint\\npublic library. Such resolution shall also set forth the number of such\\ntrustees which each of the participating municipalities or districts\\nshall be entitled to elect or appoint, and the terms of office of the\\ntrustees as determined in accordance with subdivision three of this\\nsection.\\n 2. The trustees of public libraries authorized to be established by\\ncities shall be appointed by the mayor and confirmed by the common\\ncouncil, in counties they shall be appointed by the county board of\\nsupervisors or other governing elective body, in villages they shall be\\nappointed by the village board of trustees, in towns they shall be\\nappointed by the town board, in school districts they shall be elected\\nby the legal voters in the same manner as trustees are elected in the\\nschool district which established said library, and on Indian\\nreservations they shall be elected at a general tribal election or\\notherwise designated by the chiefs or head men of an Indian tribe; that\\nnotwithstanding the fact that county, town or local school district\\nlines do not penetrate the reservation boundary, Indians residing on\\nreservations shall be eligible to serve as trustees of public libraries\\nestablished in school districts to the same extent as they are qualified\\nvoters pursuant to subdivision three of section twenty hundred twelve of\\nthis chapter; that the first trustees shall determine by lot the year in\\nwhich the term of office of each trustee shall expire and that a new\\ntrustee shall be elected or appointed annually to serve for three or\\nfive years to be determined by the entity establishing the public\\nlibrary. Notwithstanding the foregoing provisions of this subdivision,\\nin any case where a town is a contributor to the support of any such\\npublic library in a village located within the town the appointment of\\ntrustees of such library who reside outside the village but within such\\ntown shall be subject to the approval of the town board of such town.\\nThe charter of any public library granted prior to April thirtieth,\\nnineteen hundred twenty-one, which provides for trustees, their terms of\\noffice and method of election or appointment in a manner differing from\\nthat hereinbefore provided, shall remain in full force and effect until\\nthe regents, upon application of the library trustees, shall amend the\\ncharter to conform to the provisions of law in effect when such\\namendment is made.\\n 3. The trustees of a joint public library authorized to be established\\nby two or more municipalities or districts or any combination thereof\\nshall be appointed or elected by the body authorized by subdivision two\\nof this section to elect or appoint trustees of public libraries\\nauthorized to be established by such municipality or district. The\\nnumber of such trustees to be elected or appointed by each of the\\nparticipating municipalities or districts shall be determined as\\nprovided in subdivision one of this section. The term of office of such\\ntrustees shall be three or five years except that the terms of the first\\ntrustees shall be so arranged that the terms of as nearly as possible to\\none-third or one-fifth of the members shall expire annually.\\n 4. No person who is a member of any municipal council or board\\nauthorized by this section to appoint public library trustees in any\\nmunicipality shall be eligible for the office of such public library\\ntrustee in such municipality.\\n 5. The boards of trustees of public, free association and Indian\\nlibraries shall hold regular meetings at least quarterly, and such\\nboards shall fix the day and hour for holding such meetings.\\n 6. The board of trustees of a library system or a public or free\\nassociation library chartered by the regents of the state of New York\\nmay determine to contribute annually a sum of money to assist the New\\nYork State Association of Library Boards in fostering, encouraging and\\npromoting the further development of library activities throughout the\\nstate and financing programs in this state which will assist in the\\ndissemination of information leading to the improvement and extension of\\nlibrary services.\\n 7. The board of trustees of a public library established and supported\\nby a school district shall, in addition to powers conferred by this or\\nany other chapter, be authorized in its discretion to call, give notice\\nof and conduct a special district meeting for the purpose of electing\\nlibrary trustees and of submitting initially a resolution in accordance\\nwith the provisions of subdivision one of section two hundred fifty-nine\\nof this chapter. Such meeting shall be held prior to the first day of\\nJuly but subsequent to the first day of April. Should the board of\\ntrustees of the library determine, in its discretion, not to notice and\\nconduct such a meeting, then the election and budget vote will be\\nnoticed and conducted by the board of education of the school district\\nas part of its annual meeting.\\n 8. Candidates for the office of trustee of a public library\\nestablished and supported by a school district shall be nominated by\\npetition which shall meet the requirements of subdivision a of section\\ntwo thousand eighteen of this chapter, except that such candidates shall\\nbe elected in the manner specified in subdivision b of such section\\nexcept that the nominating petition filed pursuant to subdivision a or b\\nof such section shall be signed by a least twenty-five qualified voters\\nof the library district, or two percent of the voters who voted in the\\nlast previous annual election of members of the library board of\\ntrustees, whichever is greater. The provisions of this subdivision shall\\nnot apply to a charter granted prior to April thirtieth, nineteen\\nhundred seventy-one that provides for a different procedure.\\n 9. The board of trustees of a public library established and supported\\nby a school district, in addition to any other powers conferred by this\\nchapter, may, in its discretion, call, give notice of and conduct a\\nspecial district meeting of the qualified voters of the school district\\nfor any proper library purpose, including the re-submission of a\\ndefeated library appropriation, at a time and place designated by said\\nboard of trustees, except as to those purposes set forth in subdivision\\nseven of this section.\\n 10. The board of trustees of a public library established and\\nsupported by a school district, in addition to any other powers\\nconferred in this chapter, shall have the power to determine the\\nnecessity for construction of library facilities, to select a library\\nsite or sites, to select the architect, and to require that the board of\\neducation call, give notice of and conduct a special district meeting in\\naccordance with the provisions of subdivision nine of this section for\\nthe purpose of designating and acquiring a site or sites and authorizing\\nthe issuance of obligations of the school district for acquisition and\\nconstruction of library facilities, or either.\\n 11. Whenever the board of trustees of a public library shall call,\\ngive notice of and conduct a special district meeting under subdivision\\nseven or nine of this section, such meeting shall be established,\\nnoticed and conducted in the same manner and to the same extent as such\\nmeetings were theretofore established, noticed and conducted by the\\nboard of education of the school district, the board of trustees of the\\nlibraries making all the determinations and taking all action in respect\\nthereto otherwise required of the board of education of the school\\ndistrict, except that the meeting need not, in the discretion of the\\nboard of trustees of the library, be held in separate election districts\\nin those school districts where election districts have been established\\nby the board of education. The board of registration shall meet as\\nprovided in section two thousand fourteen of this chapter and notice of\\nthe meeting shall be given in accordance with the provisions of sections\\ntwo thousand four and two thousand seven of this chapter. The cost of\\nall such meetings and registrations shall be a charge to the library.\\n 12. The board of trustees of a public, free association or Indian\\nlibrary which provides public access to the internet shall establish a\\npolicy governing patron use of computer terminals which access the\\ninternet. Verification of such policy shall be included in the annual\\nreport submitted to the department.\\n Notwithstanding any other provision of law, prior to the discarding of\\nused or surplus books or other such reading materials by trustees of a\\nchartered public, cooperative or free association library which receives\\nover ten thousand dollars in state aid, such trustees shall offer to\\ndonate such books or materials to a not-for-profit corporation or\\npolitical subdivision located within the area of the library system or\\noffer to sell such books or materials to the general public. The\\ntrustees shall retain any proceeds received from the sale of such books\\nand materials for the purpose of maintaining and improving library\\nservice within the system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "260-A", "title" : "Meetings of board of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "260-A", "activeDate" : "2014-09-22", "sequenceNo" : 143, "repealedDate" : null, "fromSection" : "260-A", "toSection" : "260-A", "text" : " § 260-a. Meetings of board of trustees. Every meeting, including a\\nspecial district meeting, of a board of trustees of a public library\\nsystem, cooperative library system, public library or free association\\nlibrary, including every committee meeting and subcommittee meeting of\\nany such board of trustees in cities having a population of one million\\nor more, shall be open to the general public. Such meetings shall be\\nheld in conformity with and in pursuance to the provisions of article\\nseven of the public officers law. Provided, however, and\\nnotwithstanding the provisions of subdivision one of section ninety-nine\\nof the public officers law, public notice of the time and place of a\\nmeeting scheduled at least two weeks prior thereto shall be given to the\\npublic and news media at least one week before such meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "260-B", "title" : "Reduction of salaries for purchase of annuities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "260-B", "activeDate" : "2014-09-22", "sequenceNo" : 144, "repealedDate" : null, "fromSection" : "260-B", "toSection" : "260-B", "text" : " § 260-b. Reduction of salaries for purchase of annuities. Each board\\nof trustees of a library system, cooperative library system, public\\nlibrary or free association library in its discretion, may enter into a\\nwritten agreement with any employee of such board to reduce the annual\\nsalary as otherwise payable by law of such employee for the purpose of\\npurchasing an annuity for such employee. Any such agreement may be\\nterminated at any time upon written notice by either such employee or\\nsuch board. Nothing contained in this section shall be construed to\\ndiminish or impair any benefits to which such employee or his legal\\nrepresentatives or beneficiaries would be otherwise entitled had such\\nsalary reduction agreement not been entered into in accordance with the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "260-C", "title" : "Reduction of salaries for tax-deferred annuities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "260-C", "activeDate" : "2014-09-22", "sequenceNo" : 145, "repealedDate" : null, "fromSection" : "260-C", "toSection" : "260-C", "text" : " § 260-c. Reduction of salaries for tax-deferred annuities. The board\\nof trustees of a library system, cooperative library system, public\\nlibrary or free association library, in its discretion, may enter into a\\nwritten agreement with any of its employees to reduce the annual salary,\\nas otherwise earned and payable by law, of such employee for the purpose\\nof providing a tax-deferred annuity for such employee under the\\nretirement system in which such employee is currently a member, but only\\nif such retirement system specifically provides for such tax-deferred\\nannuities, and subject to any provisions and limitations applicable\\nthereto. Any such agreement may be terminated upon written notice by\\neither such employee or such board. Nothing contained in this section\\nshall be construed to diminish or impair any benefits to which such\\nemployee or his legal representatives or beneficiaries would be\\notherwise entitled had such salary reduction agreement not been entered\\ninto in accordance with the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "261", "title" : "Incorporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "261", "activeDate" : "2014-09-22", "sequenceNo" : 146, "repealedDate" : null, "fromSection" : "261", "toSection" : "261", "text" : " § 261. Incorporation. Within one month after taking office, the first\\nboard of trustees of any such public library or Indian library shall\\napply to the regents for a charter in accordance with the vote\\nestablishing the library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "262", "title" : "Use of public and Indian libraries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "262", "activeDate" : "2014-09-22", "sequenceNo" : 147, "repealedDate" : null, "fromSection" : "262", "toSection" : "262", "text" : " § 262. Use of public and Indian libraries. Every library established\\nunder section two hundred fifty-five of this chapter shall be forever\\nfree to the inhabitants of the municipality or district or Indian\\nreservation, which establishes it, subject always to rules of the\\nlibrary trustees who shall have authority to exclude any person who\\nwilfully violates such rules; and the trustees may, under such\\nconditions as they think expedient, extend the privileges of the library\\nto persons living outside such municipality or district or Indian\\nreservation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "263", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "263", "activeDate" : "2014-09-22", "sequenceNo" : 148, "repealedDate" : null, "fromSection" : "263", "toSection" : "263", "text" : " § 263. Reports. Every library or museum, other than a school library,\\nwhich enjoys any exemption from taxation or receives state aid or other\\nprivilege not usually accorded to business corporations shall make the\\nreport required by section two hundred fifteen of this chapter, and such\\nreport shall relieve the institution from making any report now required\\nby statute or charter to be made to the legislature or to any\\ndepartment, court or other authority of the state. These reports shall\\nbe summarized and transmitted to the legislature by the regents with the\\nannual reports of the university.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "264", "title" : "Injuries to property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "264", "activeDate" : "2014-09-22", "sequenceNo" : 149, "repealedDate" : null, "fromSection" : "264", "toSection" : "264", "text" : " § 264. Injuries to property. Whoever intentionally injures, defaces\\nor destroys any property belonging to or deposited in any incorporated\\nlibrary, reading-room, museum or other educational institution, shall be\\npunished by imprisonment in a state prison for not more than three\\nyears, or in a county jail for not more than one year, or by a fine of\\nnot more than five hundred dollars, or by both such fine and\\nimprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "265", "title" : "Detention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "265", "activeDate" : "2014-09-22", "sequenceNo" : 150, "repealedDate" : null, "fromSection" : "265", "toSection" : "265", "text" : " § 265. Detention. Whoever wilfully detains any book, newspaper,\\nmagazine, pamphlet, manuscript or other property belonging to any public\\nor incorporated library, reading-room, museum or other educational\\ninstitution, for thirty days after notice in writing to return the same,\\ngiven after the expiration of the time which by the rules of such\\ninstitution, such article or other property may be kept, shall be\\npunished by a fine of not less than one nor more than twenty-five\\ndollars, or by imprisonment in jail not exceeding six months, and the\\nsaid notice shall bear on its face a copy of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "265-A", "title" : "Defense of lawful detention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "265-A", "activeDate" : "2014-09-22", "sequenceNo" : 151, "repealedDate" : null, "fromSection" : "265-A", "toSection" : "265-A", "text" : " § 265-a. Defense of lawful detention. In any action for false arrest,\\nfalse imprisonment, unlawful detention, defamation of character,\\nassault, trespass or invasion of civil rights brought by any person by\\nreason of having been detained on or in the immediate vicinity of the\\npremises of a public library or association library for the purpose of\\ninvestigation or questioning as to the ownership of any materials, it\\nshall be a defense to such action that the person was detained in a\\nreasonable manner and for not more than a reasonable time to permit such\\ninvestigation or questioning by a peace officer or by the librarian in\\ncharge, his or her authorized employee or agent, and that such peace\\nofficer, librarian, employee or agent has reasonable grounds to believe\\nthat the person so detained was committing or attempting to commit\\nlarceny on such premises of such materials. As used in this section,\\n\"reasonable grounds\" shall include, but not be limited to, knowledge\\nthat a person has concealed, unauthorized possession of material owned\\nor belonging to the public library or association library, and a\\n\"reasonable time\" shall mean the time necessary to permit the person\\ndetained to make a statement or to refuse to make a statement, and the\\ntime necessary to examine employees and records of the public library or\\nassociation library relative to the ownership of the materials.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "266", "title" : "Transfer of libraries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "266", "activeDate" : "2014-09-22", "sequenceNo" : 152, "repealedDate" : null, "fromSection" : "266", "toSection" : "266", "text" : " § 266. Transfer of libraries. By vote similar to that required by\\nsection two hundred fifty-five of this chapter any municipality or\\ndistrict or tribal government or combination of districts, or by action\\nof its trustees at a meeting duly held any association library,\\nincorporated or registered by the regents, may, when such vote or action\\nhas been duly approved by the regents, transfer, conditionally as\\nprovided in section two hundred fifty-seven of this chapter, or\\notherwise, the ownership and control of its library with all its\\nproperty, real and personal, or any part thereof, to any municipality,\\nor district, or institution providing for free library service; and the\\ntrustees or body making the transfer shall thereafter be relieved of all\\nresponsibility pertaining to property thus transferred.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "267", "title" : "Local neglect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "267", "activeDate" : "2014-09-22", "sequenceNo" : 153, "repealedDate" : null, "fromSection" : "267", "toSection" : "267", "text" : " § 267. Local neglect. If the local authorities of any library\\nsupported wholly or in part by state money fail to provide for the\\nsupport of such library and the public usefulness of its books, the\\nregents shall in writing notify the trustees of said library what is\\nnecessary to meet the state's requirements, and on such notice all said\\nlibrary's rights to further grants of money or books from the state\\nshall be suspended until the regents certify that the requirements have\\nbeen met; and if said trustees shall refuse or neglect to comply with\\nsuch requirements within sixty days after service of such notice, the\\nregents may remove them from office and thereafter all books and other\\nlibrary property wholly or in part paid for from state moneys shall be\\nunder the full and direct control of the regents who, as shall seem best\\nfor public interests, may appoint new trustees to carry on the library,\\nor may store it, or distribute its books to other libraries.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "268", "title" : "Abolition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "268", "activeDate" : "2014-09-22", "sequenceNo" : 154, "repealedDate" : null, "fromSection" : "268", "toSection" : "268", "text" : " § 268. Abolition. Any library established by public vote of any\\nmunicipality or district, or by vote of the common council of any city,\\nor by vote of the board of trustees of any village, or by action of\\nschool authorities, or by vote of the tribal government of an Indian\\nreservation, or under section two hundred fifty-five of this chapter,\\nmay be abolished by majority vote at an election, or at a meeting of the\\nelectors duly held, provided that due public notice of the proposed\\naction shall have been given, or by vote of such tribal government. If\\nany such library is abolished, its property shall be used first to\\nreturn to the regents, for the benefit of other free association or\\npublic or school libraries in that locality, the equivalent of such sums\\nas it may have received from the state or from other sources as gifts\\nfor public use. After such return any remaining property may be used as\\ndirected in the vote abolishing the library, but if the entire library\\nproperty does not exceed in value the amount of such gifts, it may be\\ntransferred to the regents for public use, and the trustees shall\\nthereupon be free from further responsibility. No abolition of a public\\nlibrary shall be lawful until the regents grant a certificate that its\\nassets have been properly distributed and its abolition completed in\\naccordance with law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "269", "title" : "Library extension service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "269", "activeDate" : "2014-09-22", "sequenceNo" : 155, "repealedDate" : null, "fromSection" : "269", "toSection" : "269", "text" : " § 269. Library extension service. By such means, in such manner and\\nupon such conditions as the regents may prescribe, they shall make\\nprovision for a library extension service for the promotion,\\norganization and supervision of free libraries; for supplying\\ninformation, advice, assistance or instruction on any matter pertaining\\nto library methods or practice or to the establishment, equipment,\\norganization or administration of libraries; for the acquisition,\\npreparation and circulation of traveling libraries and other educational\\nmaterial; for aiding and encouraging study clubs; and for the employment\\nof all suitable efforts to bring within the reach of all the people of\\nthe state, and awaken their desire for, increased opportunities and\\nfacilities for reading and study.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "270", "title" : "Acceptance of surplus library books or property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "270", "activeDate" : "2014-09-22", "sequenceNo" : 156, "repealedDate" : null, "fromSection" : "270", "toSection" : "270", "text" : " § 270. Acceptance of surplus library books or property. The state\\neducation department is hereby authorized to cooperate with the United\\nStates commissioner of education, the war assets administration, and/or\\nother federal officers and officials in the administration of any\\nstatute heretofore or hereafter enacted for the disposal of surplus\\nlibrary books or property, and to accept for and on behalf of the state\\nof New York or its political subdivisions surplus library books or other\\nproperty suitable and necessary to the operation of public and free\\nlibraries and Indian libraries and for the improvement and extension of\\nlibrary service for New York state, and any funds, which may be made\\navailable to the state of New York by the federal government for these\\nand related public and Indian library services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "271", "title" : "Apportionment of state aid to Indian libraries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "271", "activeDate" : "2014-09-22", "sequenceNo" : 157, "repealedDate" : null, "fromSection" : "271", "toSection" : "271", "text" : " § 271. Apportionment of state aid to Indian libraries. Any Indian\\nlibrary chartered by the regents or in the absence of such library any\\ntribal government contracting for service from a chartered and\\nregistered library or approved library system, shall be entitled to\\nreceive state aid during each calendar year consisting of the following\\namounts:\\n 1. Eighteen thousand dollars, and\\n 2. The sum of eighteen dollars and twenty cents per capita for persons\\nresiding on the reservation served by the Indian library or contract as\\nshown by the latest federal census or certified by the New York state\\ndirector of Indian services, and\\n 3. The sum of one dollar and fifty cents per acre of area served by\\nthe Indian library or contract.\\n Such sums shall be paid annually to the Indian library board of\\ntrustees for the use of the Indian library, or in the absence of such a\\nboard, to the tribal government for a contract for library service.\\nNothing contained in this section shall be construed to diminish the\\nfunds, services or supplies provided to any Indian library by a library\\nsystem as defined in section two hundred seventy-two of this article.\\nIncreases in appropriations for such purposes during a calendar year\\nshall be pro rated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "272", "title" : "Conditions under which library systems are entitled to state aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "272", "activeDate" : "2014-09-22", "sequenceNo" : 158, "repealedDate" : null, "fromSection" : "272", "toSection" : "272", "text" : " § 272. Conditions under which library systems are entitled to state\\naid. 1. Public library systems. a. The term \"public library system\" as\\nused in this article means:\\n (1) A library established by one or more counties.\\n (2) A group of libraries serving an area including one or more\\ncounties in whole or in part.\\n (3) A library of a city containing one or more counties.\\n (4) A cooperative library system established pursuant to section two\\nhundred fifty-five of this chapter, the plan of library service of any\\nof which shall have been approved by the commissioner.\\n b. The \"area served\" by a public library system for the purposes of\\nthis article shall mean the area which the public library system\\nproposes to serve in its approved plan of service. In determining the\\npopulation of the area served by the public library system the\\npopulation shall be deemed to be that shown by the latest federal census\\nfor the political subdivisions in the area served. Such population shall\\nbe certified in the same manner as provided by section fifty-four of the\\nstate finance law except that such population shall include the\\nreservation and school Indian population and inmates of state\\ninstitutions under the direction, supervision or control of the state\\ndepartment of corrections and community supervision, the state\\ndepartment of mental hygiene and the state department of social welfare.\\nIn the event that any of the political subdivisions receiving library\\nservice are included within a larger political subdivision which is a\\npart of the public library system the population used for the purposes\\nof computing state aid shall be the population of the larger political\\nsubdivision, provided however, that where any political subdivision\\nwithin a larger political subdivision shall have taken an interim census\\nsince the last census taken of the larger political subdivision, the\\npopulation of the larger political subdivision may be adjusted to\\nreflect such interim census and, as so adjusted, may be used until the\\nnext census of such larger political subdivision. In the event that the\\narea served is not coterminous with a political subdivision, the\\npopulation of which is shown on such census, or the area in square miles\\nof which is available from official sources, such population and area\\nshall be determined, for the purpose of computation of state aid\\npursuant to section two hundred seventy-three of this part by applying\\nto the population and area in square miles of such political\\nsubdivision, the ratio which exists between the assessed valuation of\\nthe portion of such political subdivision included within the area\\nserved and the total assessed valuation of such political subdivision.\\n c. Members of a public library system shall be those public, free\\nassociation, and Indian libraries located within the service area which\\nhave been admitted to membership prior to July first, nineteen hundred\\nseventy-eight, or which apply for and are granted membership subsequent\\nto that date with the approval of the commissioner. No public library\\nsystem shall be subject to any loss of benefits under these provisions\\nwhere such system has made reasonable effort to prevent the unapproved\\nwithdrawal of such library from the system and the system demonstrates,\\nin a manner satisfactory to the commissioner, that the residents of the\\narea encompassed by the withdrawing library will continue to benefit\\nfrom the library services provided by the public library system.\\n d. \"Approved plan\" as used in this article means a plan of library\\nservice by a public library system approved by the commissioner\\nsubsequent to May first, nineteen hundred fifty-eight.\\n e. Approval shall not be given to a public library system unless it\\nwill serve at least two hundred thousand people or four thousand square\\nmiles of area, provided, however, that provisional approval may be given\\nto a public library system which will serve at least fifty thousand\\npersons provided the area served includes three or more political\\nsubdivisions and provided further that a satisfactory plan of expansion\\nof service to be followed during the ensuing five-year period is adopted\\nby such library system and approved by the commissioner.\\n f. The board of trustees of the public library system shall submit to\\nthe commissioner the plan of library service. Such plan shall be\\nsupported by such information as the commissioner may require in the\\nform prescribed by him.\\n g. No such plan of library service shall be approved by the\\ncommissioner unless he finds that it provides for the residents of the\\narea served thereby a method conforming to the regulations of the\\ncommissioner by which the participating libraries are obligated to\\npermit the loan of books and material among members of the system for\\nuse on the same basis permitted by the library which owns or controls\\nthem.\\n h. The commissioner shall by regulation provide the standard of\\nservice with which such a public library system must comply. Such\\nregulations shall, among other things, relate to the total book stock;\\nthe diversity of such book stock with respect to general subjects and\\ntype of literature, provided that such regulations shall not, directly\\nor indirectly, prohibit the inclusion of a particular book, periodical\\nor material or the works of a particular author or the expression of a\\nparticular point of view; annual additions to book stock; circulation of\\nbook stock; maintenance of catalogues; number and location of libraries\\nor branch libraries; hours of operation and number and qualifications of\\npersonnel, necessary to enable a public library system to render\\nadequate service. Such regulations may establish standards which differ\\non the basis of population; density of population; the actual valuation\\nof the taxable property within the area served; the condition of library\\nfacilities in existence on April first, nineteen hundred fifty-seven;\\nthe amount raised by taxation by or for the area served; the relation of\\nsuch amount to population and actual value of the property taxed; the\\nrelation of the amount of funds received by a public library sytem from\\nlocal taxes to that derived from private contributions; or on such other\\nbasis as the commissioner finds necessary to provide for the equitable\\ndistribution of state aid.\\n i. Each public library system receiving state aid pursuant to this\\nsection and section two hundred seventy-three shall furnish such\\ninformation regarding its library service as the commissioner may from\\ntime to time require to discharge his duties under such sections. The\\ncommissioner may at any time revoke his approval of a plan of library\\nservice if he finds that the public library system operating under such\\nplan no longer conforms to the provisions of this section or the\\nregulations promulgated by the commissioner hereunder; or, in the case\\nof provisional approval, if such library system no longer conforms to\\nthe agreement, plans or conditions upon which such provisional approval\\nwas based. In such case a public library system shall not thereafter be\\nentitled to state aid pursuant to this section or section two hundred\\nseventy-three unless and until its plan of library service is again\\napproved by the commissioner.\\n j. (1) In the event that the sum total of local sponsor support raised\\nby local taxation exclusive of the sum raised for capital expenditures\\nfor the support of a public library system and participating libraries\\nin a twelve month period is less than ninety-five per centum of the\\naverage of the amounts raised for such purposes by local taxation for\\nthe two preceding twelve month periods, the state aid to which such\\nlibrary system would otherwise be entitled shall be reduced by\\ntwenty-five per centum. Such state aid shall likewise be reduced by\\ntwenty-five per centum in the event that the public library system shall\\nrefuse after reasonable notice to make provision for the expansion of\\nthe area served in accordance with the regulations of the commissioner.\\nUpon receipt of annual systems and participating libraries activity\\nreports satisfactory to the commissioner, the commissioner shall\\ndetermine the amount of any underpayment or overpayments related to\\nmaintenance of effort and shall apply such adjustment to the next annual\\npayment due such library system. In the first year in which any library\\nsystem changes its reporting from the calendar year to a fiscal year\\nother than the calendar year, it shall file any additional reporting\\nschedules deemed necessary by the commissioner for the purpose of\\ndetermining maintenance of effort as required herein, in order that no\\nperiod of time shall be exempt from such requirement.\\n (2) In the event that the total sum raised by local taxation,\\nexclusive of the sum raised for capital expenditures, for the support of\\na central library of a public library system in a twelve month period,\\nis less than ninety-five per centum of the average of the amounts raised\\nfor such purposes by local taxation for the two preceding twelve month\\nperiods, the state aid to which such library system would otherwise be\\nentitled for the development of its central library shall be reduced by\\ntwenty-five per centum. Upon receipt of annual central library activity\\nreports satisfactory to the commissioner, the commissioner shall\\ndetermine the amount of any underpayment or overpayments related to\\nmaintenance of effort and shall apply such adjustment to the next annual\\npayment due such library system. In the first year in which any library\\nsystem changes its reporting from the calendar year to a fiscal year\\nother than the calendar year, it shall file any additional reporting\\nschedules deemed necessary by the commissioner for the purpose of\\ndetermining maintenance of effort as required herein, in order that no\\nperiod of time shall be exempt from such requirement.\\n (3) The commissioner may waive the requirements of subparagraphs one\\nand two of this paragraph, if the commissioner determines that the\\napplication of such subparagraphs would result in excessive hardship for\\nthe public library system or central library brought about by an\\nextraordinary change in a local sponsor's economic condition, loss by a\\nlocal sponsor of state aid to local governments provided under section\\nfifty-four of the state finance law, or by a natural disaster. The\\ncommissioner may grant such waiver for a period of up to three\\nconsecutive calendar years. The commissioner shall report any waivers\\ngranted under this subparagraph to the speaker of the assembly, the\\ntemporary president of the senate, the chairs of the legislative fiscal\\ncommittees and the director of the division of the budget.\\n (4) A \"local sponsor\" shall mean any municipality, district or school\\ndistrict, as defined in the general municipal law, or any combination\\nthereof.\\n k. In promulgating regulations and approving, rejecting or revoking\\nplans of library service pursuant to this section, consideration shall\\nbe given to:\\n (1) The prevention of unreasonable discrimination among the persons\\nserved by such public library system.\\n (2) The need for rapid expansion of library facilities in areas not\\nnow served.\\n (3) The need of each public library system for the professional\\nservices of an adequate number of librarians having, in addition to\\ngeneral familiarity with literature, special training with respect to\\nbook selection and organization for library use.\\n (4) The need for a book stock sufficient in size and varied in kind\\nand subject matter.\\n (5) The need for regular fresh additions to book stock.\\n (6) The need for adequate books, materials and facilities for research\\nand information as well as for recreational reading.\\n (7) The need for libraries, branches, and other outlets convenient in\\nlocation, and with adequate hours of service.\\n (8) The desirability for the integration of existing libraries and new\\nlibraries into systems serving a sufficiently large population to\\nsupport adequate library service at a reasonable cost.\\n (9) The need for the economic and efficient utilization of public\\nfunds.\\n (10) The need for full utilization of local pride, responsibility,\\ninitiative and support of library service and the use of state aid in\\ntheir stimulation but not as their substitute.\\n (11) The needs of special populations.\\n l. Each public library system shall provide access to the internet in\\ndesignated libraries located within their systems for the purpose of\\nconnecting residents of this state who are serving in the military on\\nactive duty in a combat theater or combat zone of operations to spouses,\\ndomestic partners, children, including adopted, step, or foster\\nchildren, and parents, including those who stood in the relationship of\\na parent to the serviceperson for one year or more, at any time prior to\\nthe serviceperson's entry into active military service.\\n (1) Each public library system shall assign within its system six\\ncomputer terminals with internet access for such use, and shall ensure\\nthat each county within its system has a library with at least one\\ncomputer terminal for such use.\\n (2) Notwithstanding subparagraph one of this paragraph, in a library\\nsystem containing a city with a population of one hundred twenty-five\\nthousand or more individuals, at least two terminals shall be assigned\\nwithin such city in a designated library or libraries that serve such\\ncity. Furthermore, in a city with a population of one million or more,\\nthere shall be at least ten terminals assigned in any county which is\\nwholly contained within such city.\\n (3) When determining which libraries are to be assigned computer\\nterminals for such purpose, the system shall consider the location and\\ncurrent availability of computer terminals with internet access. In the\\nevent that within a public library system there are no libraries within\\na county that have a computer with internet access, a computer with\\ninternet access shall be provided by the department to the assigned\\nlibrary within such county. Furthermore, in public library systems with\\nfewer than six counties, when determining where additional terminals\\nshould be assigned after terminals have been placed in each county\\nwithin the system pursuant to subparagraphs one and two of this\\nparagraph, such systems shall give priority to libraries that serve\\nareas which support and maintain military bases or to libraries that\\nserve the largest populations.\\n 2. Reference and research library resources systems.\\n a. The term \"reference and research library resources system\" as used\\nin this article means a duly chartered educational institution resulting\\nfrom the association of a group of institutions of higher education,\\nlibraries, non-profit educational institutions, hospitals, and other\\ninstitutions organized to improve reference and research library\\nresources service. Such reference and research library resource systems\\nmay be registered upon meeting the standards set forth by the\\ncommissioner.\\n b. The \"area served\" by a reference and research library resources\\nsystem for the purposes of this article shall include not less than\\nseven hundred fifty thousand persons, as based upon the latest approved\\nfederal census, or not less than ten thousand square miles; and the\\ndefined area of service shall:\\n (1) Include more than one county; and\\n (2) Respect the integrity of the area of service of a public library\\nsystem; and\\n (3) Constitute a service area effectively related to the availability\\nof information resources and services and to the area of service of\\nother reference and research library resources systems, as determined by\\nthe commissioner.\\n c. Membership in a reference and research library resources system.\\n (1) The membership shall include at least four chartered\\ndegree-granting institutions of higher education of the four year level\\nwhose libraries meet departmental standards.\\n (2) Membership shall also include either:\\n (i) at least one chartered degree-granting institution of higher\\neducation offering graduate programs for a masters degree whose library\\nholds not less than two hundred seventy-five thousand volumes and\\ncurrently receives not less than three thousand periodical titles, or\\n (ii) a public library which holds not less than four hundred thousand\\nadult volumes and currently receives not less than one thousand five\\nhundred periodical titles.\\n (3) The membership may also include approved public and school library\\nsystems which are within the region served by the reference and research\\nlibrary resources system.\\n (4) A public library in Suffolk or Nassau county that provides service\\nwithin the area served by the system except that no such public library\\nwhich is not a member of a public library system shall be eligible for\\nmembership in a reference and research library resources system.\\n (5) A reference and research library resources system may set its own\\nminimum standards for membership consistent with regulations of the\\ncommissioner, except that;\\n (i) any chartered institution of higher education whose library meets\\nthe departmental standards shall be eligible for membership, and\\n (ii) any chartered institution of higher education whose library does\\nnot meet the departmental standards may not be eligible for membership\\nunless it submits to the department a five-year plan for the realization\\nof the standards, the plan bearing the signed approval of the head\\nlibrarian, the president, and the academic dean of the institution, and\\n (iii) any hospital whose library meets the standards established by\\nthe regents in accordance with section two hundred fifty-four of this\\narticle shall be eligible for membership, and\\n (iv) any hospital whose library does not meet the standards\\nestablished by the regents will not be eligible for membership unless it\\nsubmits to the commissioner a five year plan for the realization of the\\nstandards, such plan bearing the signed approval of the head of the\\ngoverning board of such hospital.\\n (6) The member institutions of each reference and research library\\nresources system shall be broadly representative of the chartered\\neducational agencies, nonprofit organizations, hospitals and other\\nspecial libraries providing library service within the defined area of\\nservices of the system.\\n d. Plan of service.\\n (1) The reference and research library resources system shall submit a\\nplan of service to the commissioner for approval, in a form to be\\nprescribed by the commissioner to cover resources, needs, proposed\\nprogram, budget, contractual agreements, and any other information which\\nthe commissioner may require.\\n (2) The plan of service must show the manner in which the reference\\nand research library resources system will improve the library resources\\nand services presently available in the area to the research community,\\nincluding improved reader access.\\n (3) The plan of service shall indicate the manner in which the\\nreference and research library resources system strengthens the library\\nprograms of its members and the manner in which the system program is\\nrelated to appropriate regional programs in higher education.\\n (4) The plan of service shall identify the resources and needs of each\\nhospital library, or library serving hospitals and show the manner in\\nwhich the reference and research library resources system will improve\\nhospital library services and in which it will assist each hospital\\nlibrary which does not meet the regents' standards to attain such\\nstandards and will assist each non-member hospital library or library\\nserving a hospital to attain membership in the system.\\n e. The commissioner shall by regulation establish the standard of\\nservice to be met by such a reference and research library resources\\nsystem.\\n f. Each reference and research library resources system receiving\\nstate aid pursuant to this section and section two hundred seventy-three\\nof this article shall furnish such information regarding its library\\nservice as the commissioner may from time to time require to discharge\\nhis duties under such sections. The commissioner may at any time revoke\\nhis approval of a plan of library service if he finds that the library\\nsystem operating under such plan no longer conforms to the provisions of\\nthis section or the regulations promulgated by the commissioner\\nhereunder. In such case a library system shall not thereafter be\\nentitled to state aid pursuant to this section and section two hundred\\nseventy-three of this article unless and until its plan of library\\nservice is again approved by the commissioner.\\n g. In promulgating regulations and approving, rejecting or revoking\\nplans of library service pursuant to this section, consideration shall\\nbe given to:\\n (1) The prevention of unreasonable discrimination among the persons\\nserved by such library system;\\n (2) The need for regional resources of sufficient size and varied in\\nkind and subject matter;\\n (3) The need for adequate books, materials (print and non-print) and\\nfacilities for research and information;\\n (4) The need for outlets convenient in time and place for the sharing\\nof library materials;\\n (5) The need for the economic and efficient utilization of public\\nfunds;\\n (6) The need for full utilization of local responsibility, initiative\\nand support of library service and the use of state aid in their\\nstimulation but not as their substitute.\\n (7) The need for adequate books, materials, including both print and\\nnon-print materials, and facilities for current medical information\\nservices to be provided each hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "273", "title" : "Apportionment of state aid to libraries and library systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-12", "2023-10-27" ], "docLevelId" : "273", "activeDate" : "2014-09-22", "sequenceNo" : 159, "repealedDate" : null, "fromSection" : "273", "toSection" : "273", "text" : " § 273. Apportionment of state aid to libraries and library systems. 1.\\nAny public library system providing service under an approved plan\\nduring a calendar year shall be entitled to receive during that calendar\\nyear state aid consisting of the following amounts:\\n a. An annual grant of:\\n (1) Ten thousand dollars where the library system serves less than one\\ncounty, or\\n (2) Twenty thousand dollars where the library system serves one entire\\ncounty, or\\n (3) Where the library system serves more than one county the system\\nshall be entitled to receive twenty-five thousand dollars for each\\nentire county served and/or ten thousand dollars for each county, any\\npart of which is served by the library system. If an entire county is\\nserved by two or more library systems, each of which serves a part\\nthereof, each of such library systems shall be entitled to receive a\\ngrant of ten thousand dollars and in addition, a pro rata share of an\\nadditional sum of ten thousand dollars, such share to be computed in\\naccordance with the ratio which the population of the area of the county\\nserved by such library system bears to the total population of the\\ncounty, as determined under subdivision one of section two hundred\\nseventy-two of this article.\\n b. In a library system which submits a plan for further development of\\nits central library, which plan shall be approved by the commissioner in\\nrelation to standards for such central libraries, the amount of central\\nlibrary development aid shall be:\\n (1) thirty-two cents per capita of the population within the chartered\\narea of service of such library system with a minimum amount of one\\nhundred five thousand dollars, and\\n (2) an additional seventy-one thousand five hundred dollars to the\\nlibrary system for the purchase of books and materials including\\nnonprint materials, as defined in regulations of the commissioner, for\\nits central library. Ownership of library materials and equipment\\npurchased with such central library aid provided by this paragraph shall\\nbe vested in the public library system.\\n c. The sum of ninety-four cents per capita of population of the area\\nserved.\\n d. (1) An amount equal to the amount by which expenditures by the\\nlibrary system for books, periodicals, binding and nonprint materials\\nduring the preceding fiscal year exceeds forty cents per capita of\\npopulation of the area served but the total apportionment pursuant to\\nthis subparagraph shall not exceed sixty-eight cents per capita of\\npopulation served. In the first year in which any library system changes\\nits reporting from the calendar year to a fiscal year other than the\\ncalendar year, it shall file any additional reporting schedules deemed\\nnecessary by the commissioner for the purpose of determining state aid\\nfor the calendar year.\\n (2) Each public library system with an automation program to support\\nbibliographic control and interlibrary sharing of information resources\\nof member libraries, and to coordinate and integrate the automated\\nsystem or systems of such member libraries consistent with regulations\\nof the commissioner, shall be eligible to receive an amount equal to\\nseven percent of the amount earned in subparagraph one of this\\nparagraph, or seventy-six thousand five hundred dollars, whichever is\\nmore.\\n e. The sum of fifty-two dollars per square mile of area served by the\\nlibrary system in the case of library systems serving one county or\\nless. Such sum shall be increased by five dollars for each additional\\nentire county served, provided, however, that no apportionment pursuant\\nto this paragraph shall exceed seventy-two dollars per square mile of\\narea served. If an entire county is served by two or more library\\nsystems, each of which serves a part thereof, each of such library\\nsystems shall be entitled to receive, in addition to the aid computed in\\naccordance with the foregoing provisions of this paragraph, a pro rata\\nshare of an increase of five dollars to be computed as follows: the sum\\nresulting from the computation of five dollars per square mile of area\\nserved by the one of such library systems which would receive the\\nlargest amount of aid pursuant to this paragraph shall be pro rated\\namong the library systems serving such county in accordance with the\\nratio which the population of the area served by each of such library\\nsystems bears to the population of the county as determined under\\nsubdivision one of section two hundred seventy-two of this article.\\n f. (1) Local library services aid. Except in cities with a population\\nin excess of one million inhabitants, each chartered and registered\\npublic and free association library meeting standards of service\\npromulgated by the commissioner, and each public or free association\\nlibrary serving a city with a population of one hundred thousand or more\\nwhich merged with the public library system on or before January first,\\nnineteen hundred seventy-six and which meets standards of service\\npromulgated by the commissioner, shall be eligible to receive annually\\nthirty-one cents per capita of the population of the library's chartered\\nservice area as on file with the commissioner on January first of the\\ncalendar year for which aid is payable, or, thirty-one cents per capita\\nof the population of the city with a population of one hundred thousand\\nor more whose public or free association library merged with the public\\nlibrary system on or before January first, nineteen hundred seventy-six,\\nwith a minimum amount of one thousand five hundred dollars, except that\\nno library shall receive less than the amount of local library services\\naid received in two thousand one. Regulations of the commissioner shall\\nprovide a method for establishing changes in chartered service areas or\\ndetermining populations thereof. Local library services aid shall be\\npaid to the system for distribution within thirty days of receipt to its\\nmember libraries in accordance with this subdivision. Notwithstanding\\nany contrary provisions of this subparagraph, the commissioner shall\\nestablish procedures under which a public or free association library\\nmay apply for a waiver of the requirements of the standards of service;\\nprovided, however, that any such waivers may only be granted in the same\\nyear in which the commissioner has apportioned a reduction adjustment.\\n (2) Local services support aid. Except in cities with a population in\\nexcess of one million inhabitants, each public library system operating\\nunder an approved plan of service shall be eligible to receive annually\\nlocal services support aid equal to two-thirds of the total dollar\\namount paid in local library services aid to the member libraries of the\\nsystem plus thirty-one cents per capita of the system's population who\\ndo not reside within the chartered service area of a member library.\\n (3) Local consolidated systems aid. In cities with a population in\\nexcess of one million inhabitants, each public library system operating\\nunder an approved plan of service shall be eligible to receive annually\\nlocal consolidated system aid equal to the sum of (i) thirty-one cents\\nper capita of the population served by the system, but not less than the\\namount of local library incentive aid received in nineteen hundred\\nninety-one as reported on the library's nineteen hundred ninety-one\\nannual report; and (ii) an additional amount equal to two-thirds of the\\ntotal dollar amount computed for the system pursuant to clause (i) of\\nthis subparagraph.\\n g. In addition to the sums otherwise provided in paragraphs a, b, c,\\nd, e, f, h and i of this subdivision, the New York Public Library shall\\nreceive an amount equal to its actual expenditures for books,\\nperiodicals and binding for its research libraries which expenditures\\nare not otherwise reimbursed or seven hundred sixty-seven thousand\\ndollars, whichever is less, and the additional sum of five million six\\nhundred forty-nine thousand six hundred dollars for the general support\\nof such research libraries. In addition to any other sums provided to\\nsuch library, the sum of two million dollars shall be payable annually\\nto the New York Public Library for the general support of library\\nservices provided by the New York Public Library to the students of the\\nCity University of New York and the sum of one million dollars shall be\\npayable annually to the New York Public Library for the general support\\nof its science, industry and business library.\\n h. (1) Coordinated outreach services. Each public library system which\\nprovides coordinated outreach services, as defined by regulations to be\\npromulgated by the commissioner, to persons who are educationally\\ndisadvantaged or who are members of ethnic or minority groups in need of\\nspecial library services, or who are unemployed and in need of job\\nplacement assistance, or who live in areas underserved by a library, or\\nwho are blind, physically disabled, have developmental or learning\\ndisabilities, or who are aged or confined in institutions, shall be\\nentitled to receive annually forty-three thousand dollars and thirteen\\ncents per capita of the total population of the area served.\\n (2) Adult literacy grants. The commissioner shall award annual grants\\nfor approved expenses for library-based programs conducted by public\\nlibrary systems and public and free association libraries which are\\nmembers of a public library system to assist adults to increase their\\nliteracy skills. The commissioner shall award such grants having\\ndetermined that such programs are being operated in direct coordination\\nwith local public schools, colleges and other organizations which are\\noperating similar adult literacy programs. Annual state aid of two\\nhundred thousand dollars shall be awarded for grants in accordance with\\nregulations promulgated by the commissioner. Ninety percent of the\\namount of any such adult literacy grant shall be payable to the library\\nor system upon approval by the department. The final ten percent shall\\nbe payable upon completion of the project.\\n (3) Family literacy grants. The commissioner shall award annual grants\\nfor approved expenses for library-based family literacy programs for\\npre-school and school age children and their parents conducted by public\\nlibrary systems and public libraries and free association libraries\\nwhich are members of a public library system. Annual state aid of three\\nhundred thousand dollars for grants shall be awarded in accordance with\\nregulations promulgated by the commissioner. Ninety percent of the\\namount of any such family literacy grant shall be payable to the library\\nor system upon approval by the department. The final ten percent shall\\nbe payable upon completion of the project.\\n i. In addition to any other sums provided for such purposes, the New\\nYork Public Library shall receive annually the sum of seven hundred\\nthirty-four thousand dollars for the program of the Schomburg center for\\nresearch in black culture, and the additional sum of nine hundred\\neighty-four thousand dollars for the program of the library for the\\nblind and physically handicapped.\\n j. In addition to any other sums provided to such library, the sum of\\ntwo hundred fifty thousand dollars shall be paid annually to the New\\nYork Historical Society for making its library services available to the\\npublic.\\n k. In addition to any other sums provided to such library the sum of\\nthree hundred fifty thousand dollars shall be payable annually to the\\nBrooklyn Public Library for its business library for each calendar year.\\n l. In addition to any other sums provided to such library, the sum of\\nfifty thousand dollars shall be payable annually to the Buffalo and Erie\\nCounty Public Library for a continuity of service project approved by\\nthe commissioner for each calendar year.\\n m. In addition to any other sums provided to such library system, the\\nsum of thirty thousand dollars shall be payable annually to the Nassau\\nlibrary system for a continuity of service project approved by the\\ncommissioner for each calendar year.\\n n. The minimum annual grant available to a library system under\\nparagraphs a, c and e and subparagraph one of paragraph d of this\\nsubdivision shall be six hundred seventy-five thousand dollars.\\n 2. Within the amounts appropriated therefor moneys paid out pursuant\\nto this section shall be paid out of the state treasury on vouchers\\ncertified by the commissioner after audit by and upon the warrant of the\\ncomptroller.\\n 3. The commissioner may waive the requirement that a public library\\nsystem serve an entire county to earn the maximum annual grant under\\nsubparagraphs two and three of paragraph a of subdivision one of this\\nsection and paragraphs b, c, e and h of subdivision one of this section\\nwhere the commissioner deems reasonable effort has been made by the\\nsystem to encourage membership by all libraries in the county.\\n 4. Reference and research library resources system. a. Any reference\\nand research library resources system providing service under an\\napproved plan during a calendar year shall be entitled to receive annual\\nstate aid consisting of an annual grant of two hundred seventy thousand\\ndollars plus the sum of one dollar and fifty cents per square mile of\\narea served plus the sum of six cents per capita of the population of\\nthe area served. Each system may annually appropriate funds received\\nunder this provision to obtain matching funds from the National\\nEndowment for the Humanities in the United States Newspaper Program. The\\nannual amount payable to each approved system under this paragraph shall\\nbe payable on or before July first, provided that, upon receipt of\\nannual system activity reports satisfactory to the commissioner, the\\ncommissioner shall determine the amount of any under- or overpayments\\nand shall apply such adjustment to the next annual payment due such\\nsystem.\\n b. The commissioner is hereby authorized to expend up to five hundred\\nsix thousand dollars annually in each state fiscal year to provide\\nformula grants to approved reference and research library resources\\nsystems for provision of consumer health and medical information\\nservices for all types of libraries and library systems. Such grants\\nshall assist libraries in providing access to timely and accurate\\nmedical and health information for medical personnel and for the general\\npublic. In addition to any other sum provided in this subdivision, each\\nreference and research library resources system providing service under\\nan approved plan with a consumer health and medical library information\\nservices program for all types of libraries and library systems shall be\\neligible to receive an annual formula grant. Such formula grants shall\\nbe determined on the basis of criteria to be prescribed by the\\ncommissioner. The commissioner shall provide the annual amount payable\\nto each approved system under this paragraph in the following manner:\\n (1) Funds shall be available to each reference and research library\\nresources system in such manner as to insure that the ratio of the\\namount each system is eligible to receive equals the weighted ratio of\\nthe total number of institutions as defined in subparagraph two of this\\nparagraph in the region served by the system to the total number of such\\ninstitutions in the state.\\n (2) For the purposes of determining the amount of funds available to\\neach system, institutions and their weightings are as follows:\\n (i) not-for-profit hospitals licensed by the New York state health\\ndepartment, with a weighting of two;\\n (ii) for-profit teaching hospitals licensed by the New York state\\nhealth department, with an additional weighting of one; and\\n (iii) member institutions of a reference and research library\\nresources system, excluding public and hospital libraries, with a\\nweighting of one.\\n c. (1) The commissioner is hereby authorized to expend up to one\\nmillion three hundred ninety-six thousand dollars in each state fiscal\\nyear to provide formula grants to approved reference and research\\nlibrary resources systems for provision of services to member hospital\\nlibraries in not-for-profit hospitals licensed by the New York state\\nhealth department, or to member libraries serving such hospitals. Such\\nformula grants shall be determined on the basis of criteria to be\\ndeveloped by the commissioner and shall assist member hospital libraries\\nor member libraries serving hospitals in meeting the standards\\nestablished by the regents in accordance with section two hundred\\nfifty-four of this article. Such formula grants shall support\\nintegration of member hospital libraries or member libraries serving\\nhospitals into existing networks.\\n (2) The commissioner shall provide grants to the reference and\\nresearch library resources systems in the following manner:\\n (a) an amount equal to seventy-five cents per square mile of area\\nserved by the reference and research library resource system in\\nfurtherance of the purposes of this paragraph, and\\n (b) the remainder for library services to hospitals in accordance with\\nregulations of the commissioner adopted for such purpose.\\n 5. Coordinated collection development program for public and nonprofit\\nindependent colleges and universities.\\n a. Libraries of public and nonprofit independent colleges and\\nuniversities are entitled to receive annual funding for a coordinated\\ncollection development grant if they meet the following conditions:\\n (1) Membership in a reference and research library resources system,\\n (2) Their resources are made available to the public, through full\\nparticipation in the interlibrary loan and other resource sharing\\nprograms of the reference and research library resources system of which\\nthey are members, and\\n (3) They meet the requirements set forth in regulations adopted by the\\ncommissioner including but not confined to\\n (a) maintenance of effort,\\n (b) relationships between reference and research library resources\\nsystems' programs and the regional higher education master plan,\\n (c) submission of interlibrary loan statistics, and such other reports\\nas may be required by the commissioner.\\n b. Public and nonprofit independent colleges and universities with\\nlibraries which meet the criteria of paragraph a of this subdivision are\\neligible for annual grants as follows:\\n (1) Four thousand four hundred dollars for each institution, and\\n (2) One dollar and four cents for each full-time equivalent student\\nenrolled in each qualifying institution, in the academic year completed\\nprior to the state fiscal year. For purposes of this section, a\\nfull-time equivalent shall be calculated as follows:\\n (i) one full-time undergraduate student shall be considered one\\nfull-time equivalent student;\\n (ii) one part-time undergraduate student shall be considered one-third\\nof a full-time equivalent student;\\n (iii) one part-time graduate student shall be considered one full-time\\nequivalent student; and\\n (iv) one full-time graduate student shall be considered one and\\none-half of a full-time equivalent student.\\n c. Funds for the support of this program shall be appropriated to the\\ndepartment, except that funds for the state-operated institutions of the\\nstate university of New York and the senior colleges of the city\\nuniversity of New York, shall be appropriated to the state university of\\nNew York out of any moneys in the state treasury in the general fund to\\nthe credit of the state purposes fund not otherwise appropriated, and\\nfunds shall be appropriated to the city university of New York out of\\nany moneys in the state treasury in the general fund to the credit of\\nthe local assistance fund not otherwise appropriated, and shall be\\nsubject to the same distribution formula as provided in paragraph b of\\nthis subdivision.\\n 6. Regional bibliographic data bases and interlibrary resources\\nsharing. a. The commissioner shall award annually to each of the\\napproved nine reference and research library resources systems, from\\nfunds appropriated by the legislature for an annual grant for an\\nautomation program (i) to support bibliographic control and interlibrary\\nsharing of information resources among all types of libraries and\\nlibrary systems in an area not less than that of a reference and\\nresearch library resources system, and (ii) to coordinate and integrate\\nthe automated systems of the component member public library system or\\nsystems, school library system or systems and other automated systems\\nwithin the area of the reference and research library resources system.\\nEach reference and research library resources system of such region\\nshall be entitled to an annual grant of two hundred thousand dollars\\nplus the sum of two cents per capita of the population served.\\n b. To be eligible for a grant, each reference and research library\\nresources system shall meet the requirements set forth in regulations\\nadopted by the commissioner which shall include standards relating to\\nlibrary automation, continuous development of the data base, and\\nupdating, access and linking of the data base programs. Each reference\\nand research library resources system shall include in its approved plan\\nof service a description of a regional library automation program, which\\nshall include all library systems in the region that are members of the\\nreference and research library resources system.\\n 7. Conservation and preservation of library research materials. a. The\\ncommissioner shall award in any state fiscal year, an annual formula\\ngrant of one hundred fifty-eight thousand dollars for a program of\\nconservation and/or preservation of library research materials to each\\nof the following comprehensive research libraries: Columbia university\\nlibraries, Cornell university libraries, New York state library, New\\nYork university libraries, university of Rochester libraries, Syracuse\\nuniversity libraries, the research libraries of the New York public\\nlibrary, state university of New York at Albany library, state\\nuniversity of New York at Binghamton library, state university of New\\nYork at Buffalo library, and state university of New York at Stony Brook\\nlibrary.\\n b. To be eligible for such formula grants, each such comprehensive\\nresearch library must submit both a five-year plan and an annual program\\nbudget. The plan must satisfy criteria to be established by the\\ncommissioner in regulations relating to the identification of library\\nresearch materials, the need for their preservation, and the means of\\ntheir conservation.\\n c. Other agencies and libraries, as defined in regulations promulgated\\nby the commissioner, which are not eligible for funding under paragraph\\na of this subdivision, may receive separate grants the sum of which\\nshall not exceed five hundred thousand dollars in any state fiscal year\\nto support the preservation and/or conservation of unique library\\nresearch materials. Such agencies and libraries shall submit project\\nproposals. Approval of such project proposals, and determination of\\nfunding level, shall be based upon, but not limited to, factors such as:\\nthe research value of materials to be preserved and/or conserved;\\nappropriateness of conservation and preservation techniques in\\naccordance with statewide planning and national standards; institutional\\ncapacity for successful completion of the project, including facilities,\\nexperience, and technical expertise; availability of staff with\\nappropriate training and expertise; contribution of the institution to\\nthe project in matching funds and staff resources; and the volume of\\ninterlibrary lending and access to holdings by the public. Ninety\\npercent of each such grant shall be payable upon approval by the\\ndepartment and the remaining ten percent shall be payable upon project\\ncompletion.\\n d. Funds made available under the provisions of this section may be\\nused by comprehensive research libraries and other agencies eligible for\\nfunding to obtain matching funds from the national endowment for the\\nhumanities preservation program and other federal programs.\\n e. The commissioner shall establish an office for coordination of\\nconservation and/or preservation of library research materials to\\nidentify the conservation and/or preservation needs of libraries within\\nthe state, to assess the technology available for such conservation and\\npreservation, and to coordinate the conservation and preservation\\nefforts resulting from this legislation.\\n 8. New York state talking book and braille library. The New York state\\ntalking book and braille library shall be entitled to receive annually\\nan amount equal to the product of the aid ceiling multiplied by the\\nnumber of registered borrowers of such materials of such library as of\\nthe November report for the November immediately preceding the state\\nfiscal year for which the payment will be made. Such amount shall be\\nused to improve the quality of services provided to such borrowers. For\\naid payable in each state fiscal year, the aid ceiling per registered\\nborrower shall be nineteen dollars. Notwithstanding any other provision\\nof law, the New York state talking book and braille library shall be the\\nsuccessor in interest to the New York state library for the blind and\\nvisually handicapped for all purposes, or the library for the blind and\\nphysically handicapped, and the change in name shall not affect the\\nrights or interests of any party. Except where the context indicates a\\ncontrary intent, any reference in any other general or special law to\\nthe New York state library for the blind and visually handicapped or the\\nlibrary for the blind and physically handicapped shall be deemed a\\nreference to the New York state talking book and braille library.\\n 9. State aid for a coordinated program of library and archival\\nservices at The Center for Jewish History, Inc. a. In addition to any\\nother sums provided to The Center for Jewish History, Inc., the\\ncommissioner shall award in any state fiscal year an annual grant of two\\nhundred thousand dollars for a coordinated program of library and\\narchival services that will increase public access to the library and\\narchival collections of The Center for Jewish History, Inc. and its\\nmember institutions.\\n b. The Center for Jewish History, Inc. is hereby admitted to the\\nUniversity of the State of New York and shall, as a condition of\\ncontinued receipt of aid, maintain such status in accordance with\\nregulations of the commissioner. Such regulations may include submission\\nof a five-year plan and annual program budget.\\n 10. State aid for summer reading programs. The commissioner is hereby\\nauthorized to expend the funds of the love your library fund,\\nestablished in section ninety-nine-l of the state finance law, which\\nshall provide grants for participation in statewide summer reading\\nprograms as coordinated by the state library to public library systems\\non the basis of criteria to be developed by the commissioner. Upon a\\ndetermination by the commissioner that there is adequate revenue\\navailable for a grant program in the upcoming fiscal year, grants shall\\nbe awarded as follows:\\n a. sixty percent of the funds appropriated pursuant to this section\\nshall be made available to public library systems for use by member\\nlibraries by the commissioner in such manner as to insure that the ratio\\nof the amount received within each system to the whole of the aid made\\navailable pursuant to this paragraph is no greater than the ratio of the\\npopulation served by such system to the population of the state; and\\n b. forty percent of the funds appropriated pursuant to this section\\nshall be made available to library systems for use by their member\\nlibraries within each system by the commissioner in such manner as to\\ninsure that an equal amount is received within each system in the state.\\n 11. Notwithstanding any other provision of law to the contrary, each\\nyear commencing with the two thousand six calendar year, no library or\\nlibrary system shall receive less aid pursuant to this section or\\nsection two hundred seventy-one or two hundred seventy-two of this part\\nthan it would have been eligible to receive for the two thousand one\\ncalendar year solely by reason of a decrease in the population of the\\narea served as a result of the latest approved federal census.\\n 12. The commissioner is hereby authorized to expend funds annually for\\nformula grants to public library systems, reference and research library\\nresources systems, and school library systems operating under an\\napproved plan of service. Such formula grants shall be provided for the\\nperiod commencing July first and ending on June thirtieth next\\nfollowing. Such formula grants will be distributed in the following\\nmanner:\\n a. Each public library system established pursuant to sections two\\nhundred fifty-five and two hundred seventy-two of this part and\\noperating under a plan approved by the commissioner is entitled to\\nreceive annually thirty-nine thousand dollars and an amount equal to ten\\nand ninety-four hundredths percent of the amount of state aid received\\nfor the current year by such system under paragraphs a, c, d, e and n of\\nsubdivision one of this section;\\n b. Each reference and research library resources system established\\npursuant to section two hundred seventy-two of this part and operating\\nunder a plan approved by the commissioner is entitled to receive\\nannually thirty-nine thousand dollars and an amount equal to ten and\\nninety-four hundredths percent of the amount of state aid received for\\nthe current year under paragraph a of subdivision four of this section;\\nand\\n c. Each school library system established pursuant to section two\\nhundred eighty-two of this part and operating under a plan approved by\\nthe commissioner is entitled to receive annually thirty-nine thousand\\ndollars and an amount equal to ten and ninety-four hundredths percent of\\nthe amount of state aid received for the current year by such system\\nunder paragraphs a, b, c, d, e and f of subdivision one of section two\\nhundred eighty-four of this part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "273-A", "title" : "State aid for library construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2017-08-18", "2019-09-06", "2019-10-25", "2020-06-19", "2021-11-12", "2021-11-19", "2022-07-08", "2023-05-12", "2024-08-30", "2025-01-10" ], "docLevelId" : "273-A", "activeDate" : "2014-09-22", "sequenceNo" : 160, "repealedDate" : null, "fromSection" : "273-A", "toSection" : "273-A", "text" : " * § 273-a. State aid for library construction. 1. State aid shall be\\nprovided for up to fifty percent of the total project approved costs,\\nexcluding feasibility studies, plans or similar activities, for projects\\nfor the acquisition of vacant land and the acquisition, construction,\\nrenovation or rehabilitation, including leasehold improvements, of\\nbuildings of public libraries and library systems chartered by the\\nregents of the state of New York or established by act of the\\nlegislature subject to the limitations provided in subdivision five of\\nthis section and upon approval by the commissioner, except that state\\naid may be provided for up to seventy-five percent of the total project\\napproved costs for buildings of public libraries that are located in an\\neconomically disadvantaged community. Provided however that the state\\nliability for aid paid pursuant to this section shall be limited to\\nfunds appropriated for such purpose. Aid shall be provided on approved\\nexpenses incurred during the period commencing July first and ending\\nJune thirtieth for up to three years, or until the project is completed,\\nwhichever occurs first. Fifty percent of such aid shall be payable to\\neach system or library upon approval of the application by the\\ndepartment. Forty percent of such aid shall be payable in the next state\\nfiscal year. The remaining ten percent shall be payable upon project\\ncompletion.\\n 2. Each application for state aid shall be submitted by the board of\\ntrustees of the library or library system responsible for the operation\\nof the subject building to the commissioner for his review and approval,\\nafter having been reviewed and approved by the governing board of the\\npublic library system of which such library is a member. Each\\napplication shall:\\n a. demonstrate that resources are or shall be available to provide for\\nmaximum utilization of the project if approved;\\n b. contain verification in such form as may be acceptable to the\\ncommissioner that the total cost of the project, exclusive of state aid,\\nhas been or will be obtained;\\n c. demonstrate that library operations would be made more economical\\nas a consequence of approval;\\n d. be limited to one project concerning such building, provided that\\nno building shall be the subject of more than one application per year;\\n e. contain documentation, where such an application requests state aid\\nin an amount greater than fifty percent, demonstrating how the project\\nwill address the service needs of one or more economically disadvantaged\\ncommunities. Such documentation may demonstrate need through poverty\\nrates, concentrations of English language learners, low high school\\ngraduation rates, limited fiscal capacity or other relevant factors; and\\n f. provide such other information as may be required by the\\ncommissioner.\\n 3. In approving any application that would receive state aid beyond\\nfifty percent of the total project approved costs, the board of trustees\\nof the library system shall give particular attention to addressing the\\nlibrary service needs of economically disadvantaged communities as\\nprovided for in paragraph e of subdivision two of this section.\\n 4. In approving any application the commissioner shall consider the\\ncondition of existing libraries and, where appropriate, the needs of\\nisolated or economically disadvantaged communities, provided that no\\napplication shall be approved for a project that is deemed by the\\ncommissioner to have been completed prior to the date of the\\napplication.\\n 5. Aid shall be distributed pursuant to this section as follows:\\n a. sixty percent of the funds appropriated pursuant to this section\\nshall be made available to libraries within each system by the\\ncommissioner in such manner as to insure that the ratio of the amount\\nreceived within each system to the whole of the aid made available\\npursuant to this paragraph is no greater than the ratio of the\\npopulation served by such system to the population of the state;\\n b. forty percent of the funds appropriated pursuant to this section\\nshall be made available to library systems or libraries within each\\nsystem by the commissioner in such manner as to insure that an equal\\namount is received within each system in the state;\\n c. any funds made available pursuant to paragraph a or b of this\\nsubdivision which by April first of each succeeding fiscal year, are\\ndeclined by such libraries or library systems for any reason, or which\\ncannot otherwise be used by such libraries or library systems for any\\nreason, shall be made available by the commissioner to other eligible\\nlibraries within such system, or if no such library can use such funds\\nshall be reallocated among the other library systems and their libraries\\nin a manner that will to the extent possible provide from such\\nreallocated funds an equal amount to each such system.\\n 6. The commissioner shall adopt rules and regulations as are necessary\\nto carry out the purposes and provisions of this section.\\n 7. The commissioner shall submit to the temporary president of the\\nsenate and the speaker of the assembly an annual report describing those\\nprojects that have received state funding of greater than fifty percent\\nof project costs and the communities to be served by those projects.\\n * NB Effective until March 31, 2020\\n * § 273-a. State aid for library construction. 1. State aid shall be\\nprovided for up to fifty percent of the total project approved costs,\\nexcluding feasibility studies, plans or similar activities, for projects\\nfor the acquisition, construction, renovation or rehabilitation,\\nincluding leasehold improvements, of buildings of public libraries and\\nlibrary systems chartered by the regents of the state of New York or\\nestablished by act of the legislature subject to the limitations\\nprovided in subdivision four of this section and upon approval by the\\ncommissioner. Provided however that the state liability for aid paid\\npursuant to this section shall be limited to funds appropriated for such\\npurpose. Aid shall be provided on approved expenses incurred during the\\nperiod commencing July first and ending June thirtieth for up to three\\nyears, or until the project is completed, whichever occurs first. Fifty\\npercent of such aid shall be payable to each system or library upon\\napproval of the application. Forty percent of such aid shall be payable\\nin the next state fiscal year. The remaining ten percent shall be\\npayable upon project completion.\\n 2. Each application for state aid shall be submitted by the board of\\ntrustees of the library or library system responsible for the operation\\nof the subject building to the commissioner for his review and approval,\\nafter having been reviewed and approved by the governing board of the\\npublic library system of which such library is a member. Each\\napplication shall:\\n a. demonstrate that resources are or shall be available to provide for\\nmaximum utilization of the project if approved;\\n b. contain verification in such form as may be acceptable to the\\ncommissioner that the total cost of the project, exclusive of state aid,\\nhas been or will be obtained;\\n c. demonstrate that library operations would be made more economical\\nas a consequence of approval;\\n d. be limited to one project concerning such building, provided that\\nno building shall be the subject of more than one application per year;\\nand\\n e. provide such other information as may be required by the\\ncommissioner.\\n 3. In approving any application the commissioner shall consider the\\ncondition of existing libraries and, where appropriate, the needs of\\nisolated or economically disadvantaged communities, provided that no\\napplication shall be approved for a project that is deemed by the\\ncommissioner to have been completed prior to the date of the\\napplication.\\n 4. Aid shall be distributed pursuant to this section as follows:\\n a. sixty percent of the funds appropriated pursuant to this section\\nshall be made available to libraries within each system by the\\ncommissioner in such manner as to insure that the ratio of the amount\\nreceived within each system to the whole of the aid made available\\npursuant to this paragraph is no greater than the ratio of the\\npopulation served by such system to the population of the state;\\n b. forty percent of the funds appropriated pursuant to this section\\nshall be made available to library systems or libraries within each\\nsystem by the commissioner in such manner as to insure that an equal\\namount is received within each system in the state;\\n c. any funds made available pursuant to paragraph a or b of this\\nsubdivision which by April first of each succeeding fiscal year, are\\ndeclined by such libraries or library systems for any reason, or which\\ncannot otherwise be used by such libraries or library systems for any\\nreason, shall be made available by the commissioner to other eligible\\nlibraries within such system, or if no such library can use such funds\\nshall be reallocated among the other library systems and their libraries\\nin a manner that will to the extent possible provide from such\\nreallocated funds an equal amount to each such system.\\n 5. The commissioner shall adopt rules and regulations as are necessary\\nto carry out the purposes and provisions of this section.\\n * NB Effective March 31, 2020\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "274", "title" : "Use and care of school library", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "274", "activeDate" : "2014-09-22", "sequenceNo" : 161, "repealedDate" : null, "fromSection" : "274", "toSection" : "274", "text" : " § 274. Use and care of school library. The school library shall be a\\npart of the school equipment and shall be kept in the school building at\\nall times. Such library shall be devoted to the exclusive use of the\\nschool, except as otherwise provided by the rules of the commissioner of\\neducation and except in a district where there is no free library, in\\nwhich case such school library shall be a circulating library for the\\nuse of the residents of the district.\\n The commissioner of education shall prescribe rules regulating\\n 1. The purchase, recording, safekeeping and loaning of books in school\\nlibraries, and the use of such books by pupils and teachers in the\\npublic schools.\\n 2. The conditions under which books in a school library may be used by\\nthe public in a district in which a free library is situated.\\n 3. The management of school libraries and their use as circulating\\nlibraries by the residents of the district in which they are situated.\\n 4. The contents and submission of reports of school librarians,\\nteachers and other school authorities as to school libraries.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "275", "title" : "Librarians of school libraries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "275", "activeDate" : "2014-09-22", "sequenceNo" : 162, "repealedDate" : null, "fromSection" : "275", "toSection" : "275", "text" : " § 275. Librarians of school libraries. In a school district\\nmaintaining an academic department or high school the board of education\\nmay employ, and fix the compensation of, a person to act as school\\nlibrarian who may be engaged for all or a part of the time in\\nperformance of the duties of the position as may be directed by the said\\nboard. The person so employed, who may be the librarian of the free\\nlibrary, shall be possessed of the qualifications prescribed by the\\ncommissioner of education. In all other districts the trustees or board\\nof education may appoint a competent person to act as librarian. In\\ncase of a failure of a city or union free school district maintaining an\\nacademic department or high school to employ a librarian as above\\nprovided, the teacher of English in such school shall be the librarian.\\nIn case of a failure to appoint a librarian in any other district, the\\nteacher, or if there be more than one teacher the principal teacher,\\nshall act as librarian. The trustees or board of education shall report\\nto the commissioner of education the name and address of the person\\nemployed or appointed as librarian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "276", "title" : "Existing rules continued in force", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "276", "activeDate" : "2014-09-22", "sequenceNo" : 163, "repealedDate" : null, "fromSection" : "276", "toSection" : "276", "text" : " § 276. Existing rules continued in force. All existing provisions of\\nlaw and rules established by the commissioner of education for the\\nmanagement of public school libraries shall hold good as to the\\nmanagement of such school libraries until altered by or in pursuance of\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "277", "title" : "Authority to raise and receive money for school library", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "277", "activeDate" : "2014-09-22", "sequenceNo" : 164, "repealedDate" : null, "fromSection" : "277", "toSection" : "277", "text" : " § 277. Authority to raise and receive money for school library. Each\\ncity and school district in the state is hereby authorized to raise\\nmoneys by tax in the same manner as other school moneys are raised, or\\nto receive moneys by gift or devise, for starting, extending or caring\\nfor the school library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "278", "title" : "Authority to transfer school library property to a free library", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "278", "activeDate" : "2014-09-22", "sequenceNo" : 165, "repealedDate" : null, "fromSection" : "278", "toSection" : "278", "text" : " § 278. Authority to transfer school library property to a free\\nlibrary. The board of education in any city or union free school\\ndistrict or the electors of any other district, by legal vote duly\\napproved by the regents, may give to any free library any of the books\\nor other public school library property not required in such school\\nlibrary, provided such free library is registered by the regents and\\nsituated in such city or district; and the school authorities or body\\nmaking the transfer shall thereafter be relieved of all responsibility\\npertaining to the property so transferred.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "279", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "279", "activeDate" : "2014-09-22", "sequenceNo" : 166, "repealedDate" : null, "fromSection" : "279", "toSection" : "279", "text" : " § 279. Fees. A fee of five dollars shall be paid for each public\\nlibrarian's certificate or school librarian's certificate issued under\\npart two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "280", "title" : "Penalty for disobedience to library law, rules or orders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "280", "activeDate" : "2014-09-22", "sequenceNo" : 167, "repealedDate" : null, "fromSection" : "280", "toSection" : "280", "text" : " § 280. Penalty for disobedience to library law, rules or orders. The\\ncommissioner of education is hereby authorized to withhold its share of\\npublic school moneys from any city or district which uses school library\\nmoneys for any other purpose than that for which they are provided, or\\nfor any wilful neglect or disobedience of the law or the rules or orders\\nof said commissioner in the premises.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "281", "title" : "Loans and extensions of credit to infants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "281", "activeDate" : "2014-09-22", "sequenceNo" : 168, "repealedDate" : null, "fromSection" : "281", "toSection" : "281", "text" : " § 281. Loans and extensions of credit to infants. A contract hereafter\\nmade by an infant after he has attained the age of sixteen years in\\nrelation to obtaining a loan or extension of credit from an institution\\nof the university of the state of New York in connection with such\\ninfant's attendance upon a course of instruction offered by such\\ninstitution, or from a bank, trust company or national bank having a\\nprincipal, branch or trust office in this state for the purpose of\\ndefraying all or a portion of the expenses of such infant's attendance\\nupon a course of instruction in an institution of the university of the\\nstate of New York or any other institution for higher education without\\nthis state which is a member of or accredited by an accrediting agency\\nrecognized by the department, may not be disaffirmed by him on the\\nground of infancy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "282", "title" : "Establishment of school library systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "282", "activeDate" : "2014-09-22", "sequenceNo" : 169, "repealedDate" : null, "fromSection" : "282", "toSection" : "282", "text" : " § 282. Establishment of school library systems. The commissioner is\\nauthorized to approve the establishment of school library systems, each\\nsystem to be composed of school districts which are located within a\\nboard of cooperative educational services area, or a school district\\nserving a city with a population of one hundred twenty-five thousand or\\nmore, or combinations thereof. The systems may include non-public school\\nlibraries as defined in regulations to be promulgated by the\\ncommissioner. Upon establishment, such school library systems shall be\\ngoverned by either their respective boards of cooperative educational\\nservices, by boards of education in school districts serving cities with\\npopulations of one hundred twenty-five thousand or more, or by a\\ngoverning body established under the plan to be submitted to the\\ncommissioner in cases of systems serving a combination of areas.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "283", "title" : "Functions of school library systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "283", "activeDate" : "2014-09-22", "sequenceNo" : 170, "repealedDate" : null, "fromSection" : "283", "toSection" : "283", "text" : " § 283. Functions of school library systems. The functions of school\\nlibrary systems shall include but not be limited to: (a) creating and\\ndeveloping a union catalog of materials listing the resources of each\\nparticipating school library; (b) developing a plan which will aid each\\nparticipating school library in cooperative collection development; (c)\\nadopting and implementing an interlibrary loan policy and program among\\nparticipating school libraries; (d) assuring a method of effective\\ndelivery of library materials within the system; (e) promoting\\ndevelopment programs and continuing education for staff of participating\\nschools; (f) encouraging awareness of the resources and services\\navailable in participating school libraries; and (g) cooperating with\\nother library systems in resource sharing and other activities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "284", "title" : "State aid for school library systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "284", "activeDate" : "2014-09-22", "sequenceNo" : 171, "repealedDate" : null, "fromSection" : "284", "toSection" : "284", "text" : " § 284. State aid for school library systems. 1. Each school library\\nsystem established pursuant to section two hundred eighty-two of this\\npart and operating under a plan approved by the commissioner shall be\\neligible to receive funding under this section consisting of the\\nfollowing amounts:\\n a. Each school library system with a public and nonpublic school\\nenrollment of less than one hundred thousand students shall receive a\\nbase grant of eighty-three thousand dollars;\\n b. Each school library system with a public and nonpublic school\\nenrollment of one hundred thousand students but less than two hundred\\nthousand students shall receive a base grant of ninety thousand dollars;\\n c. Each school library system with a public and nonpublic school\\nenrollment of two hundred thousand students but less than five hundred\\nthousand students shall receive a base grant of one hundred twenty-three\\nthousand dollars; and\\n d. Each school library system with a public and nonpublic school\\nenrollment of more than five hundred thousand students shall receive a\\nbase grant of eight hundred ninety-seven thousand dollars.\\n e. In addition to the base grant provided in paragraph a, b, c or d of\\nthis subdivision, each school library system shall receive annually:\\n (1) twenty-nine cents per student enrolled in the public and nonpublic\\nschools located within such system, and\\n (2) five hundred dollars per public school district located within\\nsuch system, and a minimum of four thousand three hundred dollars per\\nsystem located within a board of cooperative educational services area,\\nor five thousand dollars per city school district of a city with a\\npopulation of one hundred twenty-five thousand inhabitants or more, and\\n (3) two dollars and forty-five cents per square mile of the school\\nlibrary system.\\n f. In addition to any other sum provided in this subdivision, any\\nschool library system formed through an act of merger since January\\nfirst, nineteen hundred eighty-four shall receive fifty thousand dollars\\nannually for each approved act of merger, provided, however, that any\\nschool library system formed through an act of merger on or after April\\nfirst, two thousand eight shall receive ninety thousand dollars annually\\nfor each approved act of merger.\\n g. In addition to any other sum provided in this subdivision, each\\nschool library system shall be eligible to receive annually an\\nautomation grant amounting to ten percent of the total aid produced for\\nthat system by adding the base grant provided by paragraph a, b, c or d\\nof this subdivision to the additional aid provided by paragraphs e and f\\nof this subdivision.\\n 2. Before a school library system shall be entitled to receive\\noperating funds, such system shall submit a plan of library service to\\nthe commissioner for approval. The commissioner shall establish\\nstandards of service for school library systems by regulation. Such\\nregulations shall contain standards relating to: system staffing; union\\ncatalog and data-base development; interlibrary loan; communications and\\ndelivery; governance and advisory committees; membership criteria and\\nthe means of relating district library resources and programs to those\\nof the system; non-public school participation; and procedures for\\nsubmission and approval of plans and certification of membership.\\n 3. The moneys made available pursuant to this section shall be\\ndistributed to each school library system whose plan of service has been\\napproved under the provisions of subdivision two of this section.\\n 4. Each school library system receiving state aid pursuant to this\\nsection shall furnish such information regarding its library service as\\nthe commissioner may from time to time require to determine whether it\\nis operating in accordance with its plan and the standards of service\\nthe commissioner has established. The commissioner may at any time after\\naffording notice and an opportunity to be heard, revoke approval of a\\nplan of library service if the commissioner finds that the school\\nlibrary system no longer conforms to its approved plan, the provisions\\nof this section or the regulations promulgated by the commissioner\\nhereunder; or, in the case of provisional approval, if such school\\nlibrary system no longer conforms to the agreement, plans or conditions\\nupon which such provisional approval was based. In such case a school\\nlibrary system shall not thereafter be entitled to state aid pursuant to\\nthis section unless and until its plan of library service is again\\napproved by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "285", "title" : "State aid for cooperation with correctional facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "285", "activeDate" : "2014-09-22", "sequenceNo" : 172, "repealedDate" : null, "fromSection" : "285", "toSection" : "285", "text" : " § 285. State aid for cooperation with correctional facilities. 1. Each\\npublic library system operating under an approved plan of service which\\nhas a state correctional facility or facilities within its area of\\nservice shall be awarded an annual grant of nine dollars twenty-five\\ncents per capita for the inmate population of such facility or\\nfacilities to make available to the inmate population of such facility\\nor facilities, in direct coordination with the correctional facilities\\nlibraries, the library resources of such system. The commissioner shall\\nadopt any regulations necessary to carry out the purposes and provisions\\nof this subdivision.\\n 2. The commissioner is authorized to expend up to one hundred\\nseventy-five thousand dollars annually to provide grants to public\\nlibrary systems operating under an approved plan of service for\\nprovision of services to county jail facilities. Such formula grants\\nshall assist the library system in making available to the inmate\\npopulation of such facility or facilities the library resources of such\\nsystem. Such grants shall be available to each public library system in\\nsuch manner as to insure that the ratio of the amount each system is\\neligible to receive equals the ratio of the number of inmates served by\\nthe county jail facility to the total number of inmates served by county\\njail facilities in the state as of July first of the year preceding the\\ncalendar year in which the state aid to public library systems is to be\\npaid. Inmate populations shall be certified by the New York state\\ncommission of correction. The commissioner shall adopt any regulations\\nnecessary to carry out the purposes and provisions of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 48 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A5P3", "title" : "Federal Funds For Vocational Education", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 173, "repealedDate" : null, "fromSection" : "290", "toSection" : "292", "text" : " PART III\\n FEDERAL FUNDS FOR VOCATIONAL EDUCATION\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "290", "title" : "Acceptance of law of the United States", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "290", "activeDate" : "2014-09-22", "sequenceNo" : 174, "repealedDate" : null, "fromSection" : "290", "toSection" : "290", "text" : " § 290. Acceptance of law of the United States. The state of New York\\nhereby accepts all of the provisions and the benefits of an act passed\\nby the senate and house of representatives of the United States of\\nAmerica, in congress assembled, entitled \"An act to provide for the\\npromotion of vocational education; to provide for cooperation with the\\nstates in the promotion of such education in agriculture and the trades\\nand industries; to provide for co-operation with the states in the\\npreparation of teachers of vocational subjects; and to appropriate money\\nand regulate its expenditure,\" approved February twenty-third, nineteen\\nhundred seventeen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "291", "title" : "Custodian of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "291", "activeDate" : "2014-09-22", "sequenceNo" : 175, "repealedDate" : null, "fromSection" : "291", "toSection" : "291", "text" : " § 291. Custodian of funds. The state commissioner of taxation and\\nfinance and the state comptroller are hereby constituted and appointed\\nthe joint custodians of the moneys paid to the state of New York for\\nvocational education, under the provisions of such act, and such moneys\\nshall be paid out in the manner provided by such act for the purposes\\ntherein specified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "292", "title" : "Board of regents to co-operate with federal board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "292", "activeDate" : "2014-09-22", "sequenceNo" : 176, "repealedDate" : null, "fromSection" : "292", "toSection" : "292", "text" : " § 292. Board of regents to co-operate with federal board. The regents\\nof The University of the State of New York are hereby designated as the\\nstate board for the purpose of carrying into effect the provisions of\\nsuch act, and are hereby authorized and directed to co-operate with the\\nfederal board of vocational education in the administration and\\nenforcement of its provisions, and to perform such official acts and\\nexercise such powers as may be necessary to entitle the state to receive\\nits benefits.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A6", "title" : "No title", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 177, "repealedDate" : null, "fromSection" : "293", "toSection" : "297", "text" : " ARTICLE 6\\nSection 293. Establishment of interstate library district.\\n 294. Appointment of members of governing board of interstate\\n library district.\\n 295. Support of interstate library district.\\n 296. Compact administrator.\\n 297. Withdrawal.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "293", "title" : "Establishment of interstate library district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "293", "activeDate" : "2014-09-22", "sequenceNo" : 178, "repealedDate" : null, "fromSection" : "293", "toSection" : "293", "text" : " § 293. Establishment of interstate library district. One or more\\nincorporated public libraries of this state, by majority action of the\\nboard of trustees thereof, may enter into an agreement with one or more\\npublic library agencies in another state or states which have adopted\\nthe interstate library compact for the purpose of establishing and\\nmaintaining an interstate library district. For the purposes of this\\nact, a cooperative library system established under article five of this\\nchapter shall be deemed to be a public library.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "294", "title" : "Appointment of members of governing board of interstate library district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "294", "activeDate" : "2014-09-22", "sequenceNo" : 179, "repealedDate" : null, "fromSection" : "294", "toSection" : "294", "text" : " § 294. Appointment of members of governing board of interstate library\\ndistrict. (a) The board of trustees of each public library which is a\\nparty to an agreement establishing an interstate library district\\npursuant to section two hundred ninety-three of this article, shall\\nappoint a member or members to represent such library on the governing\\nboard of such interstate library district. The number of such\\nrepresentatives shall be determined by the agreement establishing such\\ninterstate library district.\\n (b) The governing board of such interstate library district shall be a\\nbody corporate.\\n (c) Such governing board shall administer such interstate library\\ndistrict as provided in this act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "295", "title" : "Support of interstate library district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "295", "activeDate" : "2014-09-22", "sequenceNo" : 180, "repealedDate" : null, "fromSection" : "295", "toSection" : "295", "text" : " § 295. Support of interstate library district. Any library, library\\nsystem, county, city, village, town or school district of this state may\\nprovide funds, including funds received from local taxation for state\\naid for the support and operation of an interstate library district\\nestablished as provided herein, in accordance with the terms of the\\nagreement establishing the same provided that such agreement together\\nwith the plan of library service thereunder has been approved by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "296", "title" : "Compact administrator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "296", "activeDate" : "2014-09-22", "sequenceNo" : 181, "repealedDate" : null, "fromSection" : "296", "toSection" : "296", "text" : " § 296. Compact administrator. The commissioner of education shall be\\nthe administrator for the interstate library compact pursuant to article\\nten of the compact.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "297", "title" : "Withdrawal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "297", "activeDate" : "2014-09-22", "sequenceNo" : 182, "repealedDate" : null, "fromSection" : "297", "toSection" : "297", "text" : " § 297. Withdrawal. The commissioner of education is hereby designated\\nas the official who is authorized to send and receive the notices\\nprovided in article eleven of the compact in the event of withdrawal of\\nthis state or any other state from the compact.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A7", "title" : "Commissioner of Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-12-19" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 183, "repealedDate" : null, "fromSection" : "301", "toSection" : "318", "text" : " ARTICLE 7\\n COMMISSIONER OF EDUCATION\\nSection 301. Commissioner of education continued.\\n 302. How chosen.\\n 303. Term of office.\\n 304. Expenses.\\n 305. General powers and duties.\\n 306. Removal of school officers; withholding public money.\\n 307. Acquisition of real property.\\n 308. Other powers.\\n 309. Schools of union free school districts and cities.\\n 309-a. Twenty-first century schools program.\\n 310. Appeals or petitions to commissioner of education and\\n other proceedings.\\n 311. Powers of commissioner upon appeals or petitions, et\\n cetera.\\n 312. Filed papers and copies thereof.\\n 313. Unfair educational practices.\\n 313-a. Prohibition against the use of certain material in\\n questionnaires and applications for admission to\\n educational institutions.\\n 314. State plan for school district reorganization.\\n 315. School district names.\\n 316. Teacher resource and computer training centers.\\n 317. General education development exam.\\n 318. Distribution of surplus computers.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "301", "title" : "Commissioner of education continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "301", "activeDate" : "2014-09-22", "sequenceNo" : 184, "repealedDate" : null, "fromSection" : "301", "toSection" : "301", "text" : " § 301. Commissioner of education continued. The office of\\ncommissioner of education is hereby continued. Subject to the general\\ndirection and control of the regents of the university, he shall\\ncontinue to have, exercise and perform the functions, powers and duties\\nconferred or imposed by law upon the commissioner of education. He shall\\ncontinue to exercise the judicial functions conferred by law upon the\\ncommissioner of education and, subject to rules of the regents, to make,\\nexecute and issue in the name of the department such determinations,\\ndecisions, orders, notices and certificates as may be required for the\\nexercise and performance of the functions, powers and duties conferred\\nor imposed upon the department. With the approval of the board of\\nregents, he shall continue to prepare the annual estimates and requests\\nfor appropriations for operation, maintenance and construction of the\\nNew York state school for the blind. All moneys appropriated for the\\nNew York school for the blind, or derived from other sources in the\\ncourse of the administration thereof, shall be expended upon vouchers\\napproved by the commissioner of education, when and in the manner\\nauthorized by the board of regents. The regents may adopt rules\\nconferring and imposing upon the commissioner of education such\\nadditional powers and duties as may be required for the effective\\nadministration of the department and of the state system of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "302", "title" : "How chosen", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "302", "activeDate" : "2014-09-22", "sequenceNo" : 185, "repealedDate" : null, "fromSection" : "302", "toSection" : "302", "text" : " § 302. How chosen. The commissioner of education shall be elected by\\na majority vote of the regents. Residence without the state of New York\\nshall not disqualify him from election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "303", "title" : "Term of office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "303", "activeDate" : "2014-09-22", "sequenceNo" : 186, "repealedDate" : null, "fromSection" : "303", "toSection" : "303", "text" : " § 303. Term of office. The commissioner of education shall serve\\nduring the pleasure of the board of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "304", "title" : "Expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "304", "activeDate" : "2014-09-22", "sequenceNo" : 187, "repealedDate" : null, "fromSection" : "304", "toSection" : "304", "text" : " § 304. Expenses. The commissioner shall be paid his necessary\\ntraveling and other expenses. However, notwithstanding any law, rule,\\nregulation or agreement to the contrary, the commissioner shall not be\\nprovided an official residence, nor shall the salary plan for the\\npresident of the university of the state of New York, as provided in\\nsubdivision three of section one hundred sixty-nine of the executive\\nlaw, make provision for an official residence. The commissioner of the\\noffice of general services is authorized to sell at fair market value\\nany official residence formerly provided to the commissioner or to the\\npresident of the university of the state of New York, as well as all\\nstate-owned appurtenances associated with such residence. The proceeds\\nfrom such sale shall be deposited to the credit of the general fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "305", "title" : "General powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24", "2015-04-24", "2015-05-01", "2015-07-03", "2015-12-04", "2016-04-08", "2016-07-29", "2017-04-21", "2017-07-07", "2017-08-18", "2017-08-25", "2017-09-15", "2017-09-22", "2017-10-27", "2017-12-01", "2018-03-02", "2018-03-16", "2018-04-27", "2018-07-13", "2019-01-04", "2019-04-19", "2019-05-03", "2019-07-12", "2019-09-06", "2019-11-15", "2019-12-20", "2020-02-07", "2020-04-17", "2021-04-23", "2022-04-08", "2022-04-15", "2022-11-25", "2022-12-16", "2023-05-12", "2023-07-07", "2023-09-08", "2023-10-27", "2024-03-08", "2024-04-26", "2024-05-03", "2024-05-31", "2024-08-23", "2024-10-04", "2026-06-05" ], "docLevelId" : "305", "activeDate" : "2014-09-22", "sequenceNo" : 188, "repealedDate" : null, "fromSection" : "305", "toSection" : "305", "text" : " § 305. General powers and duties. The commissioner of education is\\nhereby charged with the following powers and duties:\\n 1. He is the chief executive officer of the state system of education\\nand of the board of regents. He shall enforce all general and special\\nlaws relating to the educational system of the state and execute all\\neducational policies determined upon by the board of regents.\\n 2. He shall have general supervision over all schools and institutions\\nwhich are subject to the provisions of this chapter, or of any statute\\nrelating to education, and shall cause the same to be examined and\\ninspected, and shall advise and guide the school officers of all\\ndistricts and cities of the state in relation to their duties and the\\ngeneral management of the schools under their control. Additionally, he\\nshall cause to be prepared and distributed to school officers of all\\ndistricts, nonpublic schools and cities of the state timely notice as to\\nalternate sources of funding for specific programs or purposes such as,\\nbut not limited to, grants to be awarded on the basis of competitive\\nproposals by state or federal agencies or from an approved private\\nsource. Such notice shall include information as to proposal submission\\ndeadlines, eligibility standards and other relevant information to\\nassist school officers in making application for such alternate sources\\nof funding. The commissioner shall not be liable for any damages\\nresulting from failure to give notice under this subdivision.\\n 3. He shall have general supervision of industrial schools, trade\\nschools and schools of agriculture, mechanic arts and home making; he\\nshall prescribe regulations governing the licensing of the teachers\\nemployed therein; and he is hereby authorized, empowered and directed to\\nprovide for the inspection of such schools, to take necessary action to\\nmake effectual the provisions therefor, and to advise and assist boards\\nof education in the several cities and school districts in the\\nestablishment, organization and management of such schools.\\n 4. He shall also have general supervision over the state teachers\\ncolleges and state colleges for teachers which have been, or which may\\nhereafter be, established as required by the provisions of this chapter.\\n 5. He shall be ex officio a trustee of Cornell university.\\n 6. He shall be responsible for the safe keeping and proper use of the\\ndepartment and university seal and of the books, records and other\\nproperty in charge of the regents, and for the proper administration and\\ndiscipline of the various officers and divisions of the education\\ndepartment.\\n 7. The commissioner may annul upon cause shown to his or her\\nsatisfaction any certificate of qualification granted to a teacher by\\nany authority whatever or declare any diploma issued by a state teachers\\ncollege and state colleges for teachers ineffective and null as a\\nqualification to teach a public school within this state, and the\\ncommissioner may reconsider and reverse his or her action in any such\\nmatter. In a proceeding brought pursuant to this subdivision on charges\\nagainst a certified teacher, the commissioner shall also be authorized\\nto impose as a penalty:\\n a. suspension of a teaching certificate or license:\\n (1) wholly for a fixed period of time; or\\n (2) partially, until the teacher successfully completes a course of\\nretraining in the area to which the suspension applies; or\\n (3) wholly, until the teacher successfully completes a course of\\ntherapy or treatment;\\n b. limitation of the scope of a teaching certificate through\\nrevocation of an extension to teach additional subjects or grades;\\n c. a fine not to exceed five thousand dollars; or\\n d. a requirement that the teacher pursue a course of continuing\\neducation or training.\\n The attorney general shall, at the request of the commissioner or the\\ndirector of the division of the budget, bring an action in the name of\\nthe people of the state of New York to enforce and collect any fine\\nimposed pursuant to this subdivision. In any such action, the findings\\nand determination of the hearing officer or hearing panel or of the\\ncommissioner shall be admissible evidence and shall be conclusive proof\\nof the violation and the penalty assessed. For purposes of this\\nsubdivision, the term \"teacher\" shall mean any professional educator\\nholding a teaching certificate or license, including but not limited to\\na classroom teacher, teaching assistant, pupil personnel services\\nprofessional, school administrator or supervisor or superintendent of\\nschools.\\n 7-a. a. In addition to the authority to revoke and annul a certificate\\nof qualification of a teacher in a proceeding brought pursuant to\\nsubdivision seven of this section, the commissioner shall be authorized,\\nand it shall be his or her duty, to revoke and annul in accordance with\\nthis subdivision the teaching certificate of a teacher convicted of a\\nsex offense for which registration as a sex offender is required\\npursuant to article six-C of the correction law.\\n b. As used in this subdivision, the following terms shall have the\\nfollowing meanings:\\n (1) \"conviction\" means any conviction whether by plea of guilty or\\nnolo contendere or from a verdict after trial or otherwise;\\n (2) \"sex offense\" means an offense set forth in subdivision two or\\nthree of section one hundred sixty-eight-a of the correction law,\\nincluding an offense committed in any jurisdiction for which the\\noffender is required to register as a sex offender in New York;\\n (3) \"teacher\" means any professional educator holding a teaching\\ncertificate as defined in subparagraph four of this paragraph, including\\nbut not limited to a classroom teacher, teaching assistant, pupil\\npersonnel services professional, school administrator or supervisor or\\nsuperintendent of schools; and\\n (4) \"teaching certificate\" means the certificate or license or other\\ncertificate of qualification granted to a teacher by any authority\\nwhatsoever.\\n c. Upon receipt of a certified copy of a criminal history record\\nshowing that a teacher has been convicted of a sex offense or sex\\noffenses or upon receipt of notice of such a conviction as provided in\\nparagraph d of this subdivision, the commissioner shall automatically\\nrevoke and annul the teaching certificate of such teacher without the\\nright to a hearing. The commissioner shall mail notice of the revocation\\nand annulment pursuant to this subdivision by certified mail, return\\nreceipt requested, and by first-class mail directed to the teacher at\\nsuch teacher's last known address and, if different, the last address\\nfiled by the certificate holder with the commissioner and to the\\nteacher's counsel of record in the criminal proceeding as reported in\\nthe notice pursuant to paragraph d of this subdivision. Such notice\\nshall inform the teacher that his or her certificate has been revoked\\nand annulled, identify the sex offense or sex offenses of which the\\nteacher has been convicted and shall set forth the procedure to follow\\nif the teacher denies he or she is the person who has been so convicted.\\nIf such teacher notifies the commissioner in writing within twenty-five\\ndays after the date of receipt of the notice that he or she is not the\\nsame person as the convicted offender identified in the criminal record\\nor identified pursuant to paragraph d of this subdivision, provides\\nproof to reasonably support such claim and the commissioner is satisfied\\nthe proof establishes such claim, the commissioner shall, within five\\nbusiness days of the receipt of such proof, restore such teacher's\\nteaching certificate retroactive to the date of revocation and\\nannulment.\\n d. Upon conviction of a teacher of a sex offense defined in this\\nsubdivision, the district attorney or other prosecuting authority who\\nobtained such conviction shall provide notice of such conviction to the\\ncommissioner identifying the sex offense or sex offenses of which the\\nteacher has been convicted, the name and address of such offender and\\nother identifying information prescribed by the commissioner, including\\nthe offender's date of birth and social security number, to the extent\\nconsistent with federal and state laws governing personal privacy and\\nconfidentiality of information. Such notice shall also include the name\\nand business address of the offender's counsel of record in the criminal\\nproceeding.\\n e. Upon receipt of proof that the conviction or convictions that\\nformed the basis for revocation and annulment of the teacher's teaching\\ncertificate pursuant to this subdivision have been set aside upon appeal\\nor otherwise reversed, vacated or annulled, the commissioner shall be\\nrequired to conduct a due process hearing pursuant to subdivision seven\\nof this section and part eighty-three of title eight of the New York\\ncodes, rules and regulations prior to making a determination as to\\nwhether to reinstate the teacher's original teaching certificate. Such\\ndetermination shall be made within ninety days after such proof has been\\nreceived.\\n f. Except as provided in paragraph g of this subdivision, and\\nnotwithstanding any other provision of law to the contrary, a teacher\\nshall be reinstated to his or her position of employment in a public\\nschool, with full back pay and benefits from the date his or her\\ncertificate was revoked or annulled to the date of such reinstatement,\\nunder the following circumstances:\\n (i) The termination of employment was based solely on the conviction\\nof a sex offense, or the revocation or annulment of a certificate based\\non such conviction, and such conviction has been set aside on appeal or\\notherwise reversed, vacated or annulled and the commissioner has\\nreinstated the teacher's certification pursuant to paragraph e of this\\nsubdivision; or\\n (ii) The termination of employment was based solely on the conviction\\nof a sex offense and it has been determined that the teacher is not the\\nsame person as the convicted offender.\\n g. If a teacher's employment was terminated as a result of a\\ndisciplinary proceeding conducted pursuant to section three thousand\\ntwenty-a of this chapter or other disciplinary hearing conducted\\npursuant to any collective bargaining or contractual agreement on one or\\nmore grounds other than conviction of a sex offense, or the revocation\\nor annulment of a certificate based on such conviction, then nothing in\\nparagraph f of this subdivision shall require a school district to\\nreinstate employment of such teacher or be liable for back pay or\\nbenefits.\\n h. No provision of this article shall be deemed to preclude the\\nfollowing: (i) the commissioner from conducting a due process hearing\\npursuant to subdivision seven of this section and part eighty-three of\\ntitle eight of the New York codes, rules and regulations; or (ii) a\\nschool district or employing board from bringing a disciplinary\\nproceeding pursuant to section three thousand twenty-a of this chapter;\\nor (iii) a school district or employing board from bringing an\\nalternative disciplinary proceeding conducted pursuant to a collective\\nbargaining or contractual agreement.\\n i. The commissioner shall be authorized to promulgate any regulations\\nnecessary to implement the provisions of this subdivision.\\n 7-b. a. In addition to the authority to revoke and annul a certificate\\nof qualification of a teacher in a proceeding brought pursuant to\\nsubdivisions seven and seven-a of this section, the commissioner shall\\nbe authorized, and it shall be his or her duty, to revoke and annul in\\naccordance with this subdivision the certificate of a school\\nadministrator or supervisor convicted of an offense listed under\\nsubparagraph two of paragraph b of this subdivision.\\n b. As used in this subdivision, the following terms shall have the\\nfollowing meanings:\\n (1) \"conviction\" means any conviction whether by plea of guilty or\\nnolo contendere or from a verdict after trial or otherwise;\\n (2) \"offense\" means defrauding the government as defined in section\\n195.20 of the penal law, and any such offense in any other jurisdiction\\nwhich includes all of the elements of such felony and for which a\\nsentence to a term of imprisonment in excess of one year was authorized\\nand is authorized in such state, irrespective of whether such sentence\\nwas imposed;\\n (3) \"school administrator or supervisor\" means any professional school\\ndistrict administrator, school administrator or supervisor, or school\\nbusiness administrator holding a certificate as defined in subparagraph\\nfour of this paragraph; and\\n (4) \"certificate\" means the certificate or license or other\\ncertificate of qualification granted to qualify an individual to serve\\nas a school administrator or supervisor by any authority whatsoever.\\n c. Upon receipt of a certified copy of a criminal history record\\nshowing that a school administrator or supervisor has been convicted of\\nan offense as defined in subparagraph two of paragraph b of this\\nsubdivision or upon receipt of notice of such a conviction as provided\\nin paragraph d of this subdivision, the commissioner shall automatically\\nrevoke and annul the certificate of such school administrator or\\nsupervisor without the right to a hearing. The commissioner shall mail\\nnotice of the revocation pursuant to this subdivision by certified mail,\\nreturn receipt requested, and by first-class mail directed to the school\\nadministrator's or supervisor's last known address and, if different,\\nthe last address filed by the certificate holder with the commissioner\\nand to the school administrator's or supervisor's counsel of record in\\nthe criminal proceeding as reported in the notice pursuant to paragraph\\nd of this subdivision. Such notice shall inform the school administrator\\nor supervisor that his or her certificate has been revoked and annulled,\\nidentify the offense of which the school administrator or supervisor has\\nbeen convicted and shall set forth the procedure to follow if the school\\nadministrator or supervisor denies he or she is the person who has been\\nso convicted. If such school administrator or supervisor notifies the\\ncommissioner in writing within twenty-five days after the date of\\nreceipt of the notice that he or she is not the same person as the\\nconvicted offender identified in the criminal record, or identified\\npursuant to paragraph d of this subdivision, provides proof to\\nreasonably support such claim and the commissioner is satisfied the\\nproof establishes such claim, the commissioner shall, within five\\nbusiness days of the receipt of such proof, restore such school\\nadministrator's or supervisor's teaching certificate retroactive to the\\ndate of revocation and annulment.\\n d. Upon conviction of a school administrator or supervisor of an\\noffense defined in subparagraph two of paragraph b of this subdivision,\\nthe district attorney or other prosecuting authority who obtained such\\nconviction shall provide notice of such conviction to the commissioner\\nidentifying the offense of which the school administrator or supervisor\\nhas been convicted, the name and address of such offender and other\\nidentifying information prescribed by the commissioner, including the\\noffender's date of birth and social security number, to the extent\\nconsistent with federal and state laws governing personal privacy and\\nconfidentiality of information. Such district attorney or other\\nprosecuting authority shall include in such notice the name and business\\naddress of the offender's counsel of record in the criminal proceeding.\\n e. Upon receipt of proof that the conviction or convictions that\\nformed the basis for revocation and annulment of the school\\nadministrator's or supervisor's certificate pursuant to this subdivision\\nhave been set aside upon appeal or otherwise reversed, vacated or\\nannulled, the commissioner shall be required to conduct a due process\\nhearing pursuant to subdivision seven of this section and part\\neighty-three of title eight of the New York codes, rules and regulations\\nprior to making a determination as to whether to reinstate the school\\nadministrator's or supervisor's original certificate. Such determination\\nshall be made within ninety days after such proof has been received.\\n f. Except as provided in paragraph g of this subdivision, and\\nnotwithstanding any other provision of law to the contrary, a school\\nadministrator or supervisor shall be reinstated to his or her position\\nof employment in a public school or public school district, with full\\nback pay and benefits from the date his or her certificate was revoked\\nor annulled to the date of such reinstatement, under the following\\ncircumstances:\\n (1) The termination of employment was based solely on the conviction\\nof an offense defined in subparagraph two of paragraph b of this\\nsubdivision, or the revocation or annulment of a certificate based on\\nsuch conviction, and such conviction has been set aside on appeal or\\notherwise reversed, vacated or annulled and the commissioner has\\nreinstated the school administrator's or supervisor's certification\\npursuant to paragraph e of this subdivision; or\\n (2) The termination of employment was based solely on the conviction\\nof an offense defined in subparagraph two of paragraph b of this\\nsubdivision and it has been determined that the school administrator or\\nsupervisor is not the same person as the convicted offender.\\n g. If a school administrator's or supervisor's employment was\\nterminated as a result of a disciplinary proceeding conducted pursuant\\nto section three thousand twenty-a of this chapter or other disciplinary\\nhearing conducted pursuant to any collective bargaining or contractual\\nagreement on one or more grounds other than conviction of an offense\\ndefined in subparagraph two of paragraph b of this subdivision, or the\\nrevocation or annulment of a certificate based on such conviction, then\\nnothing in paragraph f of this subdivision shall require a school\\ndistrict to reinstate the employment of such school administrator or\\nsupervisor or be liable for back pay or benefits.\\n h. No provision of this article shall be deemed to preclude the\\nfollowing: (1) the commissioner from conducting a due process hearing\\npursuant to subdivision seven of this section and part eighty-three of\\ntitle eight of the New York codes, rules and regulations; or (2) a\\nschool district or employing board from bringing a disciplinary\\nproceeding pursuant to section three thousand twenty-a of this chapter;\\nor (3) a school district or employing board from bringing an alternative\\ndisciplinary proceeding conducted pursuant to a collective bargaining or\\ncontractual agreement.\\n i. The commissioner shall be authorized to promulgate any regulations\\nnecessary to implement the provisions of this subdivision.\\n 8. He shall cause to be prepared and keep in his office records of all\\npersons who have received, or shall receive, certificates of\\nqualification to teach or diplomas of the state teachers colleges, and\\nstate colleges for teachers, with the dates thereof, and shall note\\nthereon all annulments of such certificates and diplomas, and reversals\\nthereof, with the dates and causes thereof, together with such other\\nparticulars as he may deem expedient.\\n 9. The commissioner shall procure with the consent of the federal\\nauthorities complete lists giving the names, ages and destination within\\nthe state of all alien children of school age and such other facts as\\nwill tend to identify them, and shall deliver copies of such lists to\\nthe several boards of education and school boards in the respective\\nlocalities within the state to which said children shall be destined, to\\naid in the enforcement of the provisions of this chapter relative to the\\ncompulsory attendance at school of children of school age.\\n 10. He may administer oaths and take affidavits concerning any matter\\nrelating to the duties of his office or pertaining in any way to the\\nschools of the state or any part thereof.\\n 11. He is hereby authorized to furnish, by means of pictorial or\\ngraphic representations, additional facilities for instruction in\\ngeography, history, science and kindred subjects, to the schools,\\ninstitutions and organizations under the supervision of the regents.\\nMaterial collected for this purpose may, under regents' general rules,\\nbe lent for a limited time to responsible institutions and organizations\\nfor the benefit of artisans, mechanics and other citizens of the several\\ncommunities of the state. He may from time to time enter into contracts\\nnecessary for carrying out this provision.\\n 12. The commissioner of education is authorized and directed to\\nestablish and provide for the maintenance and conduct of courses of\\nstudy or training in state teachers colleges and state colleges for\\nteachers and in colleges and universities and other educational\\ninstitutions and in connection with other educational agencies for the\\npurpose of training teachers in principles and methods of instruction,\\nand to give them knowledge to fit them to instruct foreign born and\\nnative adults and minors over sixteen years of age in evening,\\nextension, factory, home and community classes. Such courses of study\\nshall be prescribed by the commissioner of education and shall continue\\nfor a period of not less than one year. No teacher employed to instruct\\nforeign born and native adults and minors over sixteen years of age\\nshall be employed by the state or compensated in whole or in part by the\\nstate, unless he shall have completed such course of study or training\\nor shall have an equivalent thereof to be determined under the\\nregulations of the commissioner of education. A special certificate\\nshall be issued to teachers who have completed such course of study or a\\ncourse of instruction which is equivalent thereto, provided, however,\\nthat temporary permits may be issued by the commissioner of education to\\nteachers who are qualified to give such instruction pending the\\ncompletion of such a course of study or training.\\n 12-a. The commissioner shall evaluate the effectiveness of all teacher\\npreparation programs in the state, and the timelines and costs of\\ndeveloping or modifying data systems to collect the necessary data. Such\\nstudy shall consider measuring the effectiveness of such programs based\\non the academic performance of their students and graduates and through\\nother measures. The commissioner shall consult with the chancellors of\\nthe state university of New York and the city university of New York,\\nand other representatives of institutions of higher education. Upon\\ncompletion of such study, the commissioner shall make recommendations to\\nthe board of regents on implementation of such methodologies.\\n 13. The commissioner of education or the board of education or\\ntrustees of any city or school district may provide for the\\nestablishment of courses of instruction or study and schools in\\nconnection with factories, places of employment, or in such other places\\nas he or they may deem advisable, for the purpose of giving instruction\\nto foreign-born and native adults and minors over the age of sixteen\\nyears. Such course of instruction or study shall include instruction in\\nEnglish, history, civics and other subjects tending to promote good\\ncitizenship and to increase vocational efficiency. Such course of\\ninstruction and study shall be prescribed by the regents of the\\nuniversity of the state of New York, and shall be in conformity with\\nrules to be adopted by them.\\n 14. a. All contracts for the transportation of school children, all\\ncontracts to maintain school buses owned or leased by a school district\\nthat are used for the transportation of school children, all contracts\\nfor mobile instructional units, and all contracts to provide, maintain\\nand operate cafeteria or restaurant service by a private food service\\nmanagement company shall be subject to the approval of the commissioner,\\nwho may disapprove a proposed contract if, in his opinion, the best\\ninterests of the district will be promoted thereby. Except as provided\\nin paragraph e of this subdivision, all such contracts involving an\\nannual expenditure in excess of the amount specified for purchase\\ncontracts in the bidding requirements of the general municipal law shall\\nbe awarded to the lowest responsible bidder, which responsibility shall\\nbe determined by the board of education or the trustee of a district,\\nwith power hereby vested in the commissioner to reject any or all bids\\nif, in his opinion, the best interests of the district will be promoted\\nthereby and, upon such rejection of all bids, the commissioner shall\\norder the board of education or trustee of the district to seek, obtain\\nand consider new proposals. All proposals for such transportation,\\nmaintenance, mobile instructional units, or cafeteria and restaurant\\nservice shall be in such form as the commissioner may prescribe.\\nAdvertisement for bids shall be published in a newspaper or newspapers\\ndesignated by the board of education or trustee of the district having\\ngeneral circulation within the district for such purpose. Such\\nadvertisement shall contain a statement of the time when and place where\\nall bids received pursuant to such advertisement will be publicly opened\\nand read either by the school authorities or by a person or persons\\ndesignated by them. All bids received shall be publicly opened and read\\nat the time and place so specified. At least five days shall elapse\\nbetween the first publication of such advertisement and the date so\\nspecified for the opening and reading of bids. The requirement for\\ncompetitive bidding shall not apply to an award of a contract for the\\ntransportation of pupils or a contract for mobile instructional units,\\nif such award is based on an evaluation of proposals in response to a\\nrequest for proposals pursuant to paragraph e of this subdivision. The\\nrequirement for competitive bidding shall not apply to annual, biennial,\\nor triennial extensions of a contract nor shall the requirement for\\ncompetitive bidding apply to quadrennial or quinquennial year extensions\\nof a contract involving transportation of pupils, maintenance of school\\nbuses or mobile instructional units secured either through competitive\\nbidding or through evaluation of proposals in response to a request for\\nproposals pursuant to paragraph e of this subdivision, when such\\nextensions (1) are made by the board of education or the trustee of a\\ndistrict, under rules and regulations prescribed by the commissioner,\\nand, (2) do not extend the original contract period beyond five years\\nfrom the date cafeteria and restaurant service commenced thereunder and\\nin the case of contracts for the transportation of pupils, for the\\nmaintenance of school buses or for mobile instructional units, that such\\ncontracts may be extended, except that power is hereby vested in the\\ncommissioner, in addition to his existing statutory authority to approve\\nor disapprove transportation or maintenance contracts, (i) to reject any\\nextension of a contract beyond the initial term thereof if he finds that\\namount to be paid by the district to the contractor in any year of such\\nproposed extension fails to reflect any decrease in the regional\\nconsumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based\\nupon the index for all urban consumers (CPI-U) during the preceding\\ntwelve month period; and (ii) to reject any extension of a contract\\nafter ten years from the date transportation or maintenance service\\ncommenced thereunder, or mobile instructional units were first provided,\\nif in his opinion, the best interests of the district will be promoted\\nthereby. Upon such rejection of any proposed extension, the commissioner\\nmay order the board of education or trustee of the district to seek,\\nobtain and consider bids pursuant to the provisions of this section. The\\nboard of education or the trustee of a school district electing to\\nextend a contract as provided herein, may, in its discretion, increase\\nthe amount to be paid in each year of the contract extension by an\\namount not to exceed the regional consumer price index increase for the\\nN.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban\\nconsumers (CPI-U), during the preceding twelve month period, provided it\\nhas been satisfactorily established by the contractor that there has\\nbeen at least an equivalent increase in the amount of his cost of\\noperation, during the period of the contract.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\nin the case of any emergency arising out of an accident or other\\nunforeseen occurrence or condition affecting pupil transportation\\nservices within a district, and requiring immediate action which cannot\\nawait competitive bidding, interim contracts for pupil transportation\\nservices may be let by the board of education or the trustee of such\\ndistrict for a period not to exceed one month, pending the award of a\\ncontract for such services in compliance with the provisions of\\nparagraph a of this subdivision.\\n c. Each board of education, or the trustees, of a school district\\nwhich elected or elects to extend one or more pupil transportation\\ncontracts may extend a contract in an amount which is in excess of the\\nmaximum increase allowed by use of the CPI referenced in paragraph a of\\nthis subdivision. Such excess amount shall not be greater than the sum\\nof the following: (i) the sum of the actual cost of qualifying criminal\\nhistory and driver licensing testing fees attributable to special\\nrequirements for drivers of school buses pursuant to articles nineteen\\nand nineteen-A of the vehicle and traffic law plus the actual cost of\\nany diagnostic tests and physical performance tests that are deemed to\\nbe necessary by an examining physician or the chief school officer to\\ndetermine whether an applicant to drive a school bus under the terms of\\nthe contract has the physical and mental ability to operate a school\\ntransportation conveyance and to satisfactorily perform the other\\nresponsibilities of a school bus driver pursuant to regulations of the\\ncommissioner; (ii) in a school district located in a city with at least\\none million inhabitants, the actual cost of clean air technology filters\\nand Global Positioning System (GPS) technology; (iii) in a school\\ndistrict located in a city with at least one million inhabitants, with\\nrespects only to any extension beginning in fiscal year two thousand\\nfive--two thousand six, the sum of the actual cost of providing school\\nbus attendants including the actual cost of criminal history record\\nchecks for school bus attendant applicants and training and instruction\\nfor school bus attendants pursuant to section twelve hundred\\ntwenty-nine-d of the vehicle and traffic law plus up to five percent of\\nsuch cost for necessary administrative services; and (iv) the actual\\ncost of equipment or vehicle modification, or training required, by any\\nstate or local legislation or regulation promulgated or effective on or\\nafter June first, two thousand five. Such costs shall be approved by the\\ncommissioner upon documentation provided by the school district and\\ncontractor as required by the commissioner.\\n * d. Notwithstanding the provisions of paragraphs a, b and c of this\\nsubdivision, the board of education or the trustee of a district and a\\ncontractor providing pupil transportation services to such district may\\namend a contract for pupil transportation services upon a finding that\\nsuch amendment is necessary to comply with any federal, state or local\\nlaw, rule or regulation imposed after the execution of such contract, or\\nto enhance the safety of pupil transportation, as determined by the\\nboard or trustee subject to the approval of the commissioner pursuant to\\nregulations which shall require demonstrable enhancements in pupil\\nsafety and/or increased savings consistent with maintaining pupil\\nsafety. Such amendment shall cause no additional cost to the state,\\nlocality or school district. The commissioner shall not approve such an\\namendment if the commissioner finds that it circumvents the competitive\\nbidding requirements contained in paragraph a of this subdivision, or\\notherwise violates this section or any other provision of law, or fails\\nto increase or maintain the safety of pupil transportation.\\n * NB Repealed January 1, 2017\\n e. Notwithstanding the provisions of any general, special or local law\\nor charter, a board of education or a trustee of a district, pursuant to\\nrules and regulations promulgated by the commissioner, may award a\\ncontract for the transportation of pupils or a contract for mobile\\ninstructional units involving an annual expenditure in excess of the\\namount specified for purchase contracts in the bidding requirements of\\nthe general municipal law in compliance with the provisions of paragraph\\na of this subdivision or subsequent to an evaluation of proposals\\nsubmitted in response to a request for proposals prepared by or for the\\nboard of education or trustee of a district. The commissioner, in\\naddition to his existing statutory authority to approve or disapprove\\ntransportation contracts, may reject any award of a transportation\\ncontract or a contract for mobile instructional units that is based on\\nan evaluation of proposals submitted in response to a request for\\nproposals if he finds that (1) the contractor is not the most responsive\\nto the request for proposals, or (2) that the best interests of the\\ndistrict will be promoted thereby.\\n f. When a board of education or a trustee of a school district elects\\nto receive proposals submitted in response to a request for proposals,\\nsuch board of education or trustee shall evaluate each proposal from a\\nresponding contractor according to criteria established by the\\ncommissioner. For evaluation of proposals related to contracts for pupil\\ntransportation services, such criteria shall include at a minimum (i)\\nthe previous experience of the contractor in transporting pupils, (ii)\\nthe name of each transportation company the contractor has been an owner\\nor a manager and previous experience, (iii) a description of any safety\\nprograms implemented by the contractor, (iv) a record of accidents in\\nmotor vehicles under the control of the contractor, (v) driving history\\nof employees of the contractor, (vi) inspection records and model year\\nof the motor vehicles under the control of the contractor, (vii)\\nmaintenance schedule of the motor vehicles under the control of the\\ncontractor, (viii) financial analysis of the contractor, and (ix)\\ncompliance with insurance requirements. For evaluation of proposals\\nrelated to contracts for mobile instructional units, such criteria shall\\ninclude at a minimum (1) the previous experience of the contractor in\\nproviding mobile instructional units for use by public school districts,\\n(2) the name of each transportation company or manufacturer in which the\\ncontractor or any of the contractor's officers has been an owner or a\\nmanager or has had a controlling interest, (3) a description of any\\nvehicle safety standards included in the design standards for the mobile\\ninstructional units under the control of the contractor that exceed\\napplicable standards defined in statute or regulations, (4) inspection\\nrecords and model year of the mobile instructional units under the\\ncontrol of the contractor, (5) maintenance schedule of the mobile\\ninstructional units under the control of the contractor, (6) financial\\nanalysis of the contractor and (7) compliance with insurance\\nrequirements.\\n 15. The extension industrial teacher training courses heretofore\\nestablished are continued under the jurisdiction and control of the\\neducation department. Members of the faculty to teach such courses shall\\nbe appointed by the commissioner of education and, subject to the\\napproval of the director of the budget, shall be classified, allocated\\nand paid in accordance with the schedules contained in section three\\nhundred fifty-five-a of this chapter.\\n 16. The commissioner shall cooperate with the commissioner of health\\nto facilitate the timely establishment and maintenance of current\\nrecords of courses in advanced emergency medical technology.\\n 17. Whenever a mistake has been made, or an honest dispute exists, as\\nto the location of the division line between land owned by the state,\\nwhich is under the jurisdiction, care, custody or control of the\\ndepartment of education, and adjoining privately owned land, the\\ncommissioner of education, acting for and on behalf and in the name of\\nthe people of the state of New York, may enter into a boundary line\\nagreement, fixing and determining the division line between such lands,\\nsubject to the approval of the attorney general as to form, content and\\nmanner of execution.\\n 18. The commissioner shall cooperate with the superintendent of\\nfinancial services and the commissioner of commerce in the creation of\\neducational programs to be offered in conjunction with and in support of\\nthe export finance awareness program of the department of financial\\nservices and the department of commerce. Such assistance may include,\\nbut shall not be limited to, the development of specific training\\nprograms, identification of potential training needs, provision of\\nfacilities for training and the identification of potential trainees.\\nFurther activity by the commissioner shall require that a designee of\\nthe commissioner attend each and every export awareness advisory board\\nmeeting, formally report to the commissioner, and have the commissioner\\ncontact the superintendent of financial services and the commissioner of\\ncommerce so that the superintendent of financial services may coordinate\\nthe activities of each of these components in the area of training.\\n 19. The commissioner is authorized and directed to require all\\nelementary and secondary schools to store all chemicals present in their\\nscience facilities in locked and secure storage rooms and cabinets. The\\nschools shall provide for the placement, spacing, arrangement,\\nventilation and fire protection of such stored chemicals in accordance\\nwith guidelines promulgated by the commissioner of education. The\\ncommissioner shall also require all elementary and secondary schools to\\nprepare at least annually an inventory of such chemicals, including the\\nchemical's name, the chemical abstracts service registry number, a\\nhazard warning code, the generally accepted method or methods of\\ndisposal, a compatible storage code, the date received, the scheduled\\ndate of disposal, the quantity received, the quantity remaining and its\\nlocation. The inventory must be kept in a secure location and be\\navailable for inspection by the commissioner.\\n 20. He shall also have and execute such further powers and duties as\\nhe shall be charged with by the regents.\\n 21. a. For the purposes of the computation of the apportionment of aid\\nunder any of the provisions of this chapter or any other law, the\\ncommissioner shall promulgate regulations to provide where not otherwise\\nprovided by law, for the use of whole numbers, fractions or decimals.\\nSuch regulations shall specify when such numbers shall be rounded or\\ntruncated. Such regulations may provide that under each apportionment\\nthe amount of aid to be paid pursuant to the applicable section of law\\nmay be paid in whole dollars.\\n b. The commissioner shall periodically prepare an updated electronic\\ndata file containing actual and estimated data relating to\\napportionments due and owing during the current school year and\\nprojections of such apportionments for the following school year to\\nschool districts and boards of cooperative educational services from the\\ngeneral support for public schools, growth and boards of cooperative\\neducational services appropriations on the following dates: November\\nfifteenth, or such alternative date as may be requested by the director\\nof the budget for the purpose of preparation of the executive budget;\\nFebruary fifteenth, or such alternative date as may be jointly requested\\nby the chair of the senate finance committee and the chair of the\\nassembly ways and means committee; and May fifteenth.\\n c. The commissioner shall transmit a report in support of the general\\nsupport for public schools appropriation to the director of the budget\\nand each such committee chair containing schedules displaying such\\napportionments then due and owing, including updated data for the\\ncurrent audit year, seven preceding audit years and the estimated year,\\nto coincide with each such update and by September first with respect to\\npayments due for the preceding school year.\\n 22. The commissioner shall establish the procedures for a statewide\\nsystem of assigning unique student identification numbers for all\\nstudents in public and nonpublic schools within the state for purposes\\nof student tracking and for state reporting purposes. Students shall\\nretain their numbers until they attain the age of twenty-one. As new\\nstudents enter schools in New York, they shall be assigned a unique\\nnumber. The commissioner shall include in such system appropriate\\nprocedures for insuring security and confidentiality of student\\ninformation. The commissioner shall adopt regulations to provide for the\\nimplementation of such statewide system by school districts and\\nnonpublic schools.\\n 23. The commissioner shall have primary responsibility for the\\ndevelopment and implementation of integrated employment opportunities\\nincluding short-term and intensive supported employment services and, as\\nappropriate, long-term extended support services and shall coordinate\\nwith the commissioner of social services, the commissioner of the office\\nof mental health and the commissioner of the office of mental\\nretardation and developmental disabilities under an integrated\\nemployment implementation plan, pursuant to article twenty-one of this\\nchapter.\\n 24. Notwithstanding any inconsistent provision of this chapter, the\\ncommissioner may, by regulation, provide for a system whereby schools,\\nschool districts and municipalities submit required certifications\\nelectronically or in any other media form which the commissioner\\nreasonably determines offers the same degree of accountability and\\ncontrol provided by paper certifications. The certifications described\\nin this subdivision shall constitute written instruments, computer data\\nor statements within the meaning of articles one hundred seventy, one\\nhundred seventy-five and one hundred seventy-six of the penal law.\\n 25. The commissioner shall conduct periodic fiscal audits of boards of\\ncooperative educational services as defined in section nineteen hundred\\nfifty of this chapter and, to the extent sufficient resources are\\nprovided the department for such purpose, shall assure that each such\\nboard of cooperative educational services is audited at least once every\\nthree years.\\n 26. The commissioner is authorized and directed to promulgate rules\\nand regulations to require that any statement prepared to satisfy the\\nprovisions of sections sixteen hundred eight, seventeen hundred sixteen\\nand twenty-six hundred one-a of this chapter, any district-wide mailing\\ndistributed which in whole or part related to such statement, and any\\nreport prepared to satisfy the requirements of sections sixteen hundred\\nten, seventeen hundred twenty-one and twenty-five hundred twenty-eight\\nof this chapter, commencing in the nineteen hundred\\nninety-seven--ninety-eight school year, be in plain language and that\\ncategorization of and format for revenue including payments in lieu of\\ntaxes, property tax refunds from certiorari proceedings, expenditure,\\ntransfer, and fund balance information and changes in such data from the\\nprior year and, in the case of a resubmitted or amended budget, changes\\nin such information from the prior year's submitted budget, shall be\\ncomplete and accurate and set forth in such a manner as to best promote\\npublic comprehension and readability.\\n 27. The commissioner shall promulgate regulations in consultation with\\nthe New York state energy research and development authority concerning\\nthe development and approval of energy performance contracts for school\\ndistricts and boards of cooperative educational services in accordance\\nwith subdivision eight of section 9-103 of the energy law.\\n 28. On or before April first, two thousand, the commissioner shall\\ndevelop and implement an automated board of cooperative educational\\nservices state aid reporting system for the purpose of tracking and\\nreporting state and local expenditures for aidable shared services\\npursuant to subdivision five of section nineteen hundred fifty of this\\nchapter. Such system shall track state and local expenditures in the\\nmanner prescribed by the commissioner, provided that, at a minimum, such\\nsystem shall report such expenditures by board of cooperative\\neducational services, by type of cooperative service agreement (CO-SER)\\nand by component school district. In addition, such system shall report\\nexpenses and aid totals, as well as expenditures and aid per resident\\nweighted average daily attendance.\\n 29. The commissioner shall develop a program whereby any veteran of\\nthe armed forces who served in world war II and who was unable, for any\\nreason, to complete a secondary education, may be awarded a high school\\ndiploma based on knowledge and experience gained while in service.\\n 29-a. The commissioner shall develop a program whereby any veteran of\\nthe armed forces who served in the Korean conflict and who was unable,\\nfor any reason, to complete a secondary education, may be awarded a high\\nschool diploma based on knowledge and experience gained while in\\nservice.\\n 29-b. The commissioner shall develop a program whereby any veteran of\\nthe armed forces who served in the Vietnam war and who was unable, for\\nany reason, to complete a secondary education, may be awarded a high\\nschool diploma based on knowledge and experience gained while in\\nservice.\\n 30. (a) The commissioner, in cooperation with the division of criminal\\njustice services and in accordance with all applicable provisions of\\nlaw, shall promulgate rules and regulations to require the\\nfingerprinting of prospective employees, as defined in section eleven\\nhundred twenty-five of this chapter, of school districts, charter\\nschools and boards of cooperative educational services and authorizing\\nthe fingerprinting of prospective employees of nonpublic and private\\nelementary and secondary schools, and for the use of information derived\\nfrom searches of the records of the division of criminal justice\\nservices and the federal bureau of investigation based on the use of\\nsuch fingerprints. The commissioner shall also develop a form for use by\\nschool districts, charter schools, boards of cooperative educational\\nservices, and nonpublic and private elementary and secondary schools in\\nconnection with the submission of fingerprints that contains the\\nspecific job title sought and any other information that may be relevant\\nto consideration of the applicant. The commissioner shall also establish\\na form for the recordation of allegations of child abuse in an\\neducational setting, as required pursuant to section eleven hundred\\ntwenty-six of this chapter. No person who has been fingerprinted\\npursuant to section three thousand four-b of this chapter or pursuant to\\nsection five hundred nine-cc or twelve hundred twenty-nine-d of the\\nvehicle and traffic law and whose fingerprints remain on file with the\\ndivision of criminal justice services shall be required to undergo\\nfingerprinting for purposes of a new criminal history record check. This\\nsubdivision and the rules and regulations promulgated pursuant thereto\\nshall not apply to a school district within a city with a population of\\none million or more.\\n (b) The commissioner, in cooperation with the division of criminal\\njustice services, shall promulgate a form to be provided to all such\\nprospective employees of school districts, charter schools, boards of\\ncooperative educational services, and nonpublic and private elementary\\nand secondary schools that elect to fingerprint and seek clearance for\\nprospective employees that shall:\\n (i) inform the prospective employee that the commissioner is required\\nor authorized to request his or her criminal history information from\\nthe division of criminal justice services and the federal bureau of\\ninvestigation and review such information pursuant to this section, and\\nprovide a description of the manner in which his or her fingerprint\\ncards will be used upon submission to the division of criminal justice\\nservices;\\n (ii) inform the prospective employee that he or she has the right to\\nobtain, review and seek correction of his or her criminal history\\ninformation pursuant to regulations and procedures established by the\\ndivision of criminal justice services.\\n (c) The prospective employer shall obtain the signed, informed consent\\nof the prospective employee on such form supplied by the commissioner\\nwhich indicates that such person has:\\n (i) been informed of the right and procedures necessary to obtain,\\nreview and seek correction of his or her criminal history information;\\n (ii) been informed of the reason for the request for his or her\\ncriminal history information;\\n (iii) consented to such request for a report;\\n (iv) supplied on the form a current mailing or home address for the\\nprospective employee;\\n (v) been informed that he or she may withdraw his or her application\\nfor employment pursuant to this section, without prejudice, at any time\\nbefore employment is offered or declined, regardless of whether the\\nprospective employee or employer has reviewed such prospective\\nemployee's criminal history information;\\n (vi) where the applicant is to be fingerprinted pursuant to section\\nthree thousand thirty-five of this chapter, the process for seeking a\\nwaiver of the fees associated with conducting a criminal history records\\ncheck, pursuant to paragraph (b) of subdivision four of section three\\nthousand thirty-five of this chapter,\\n (vii) been informed that in the event his or her employment is\\nterminated and such person has not become employed in the same or\\nanother school district, charter school, board of cooperative\\neducational services, or nonpublic or private elementary or secondary\\nschool within twelve-months of such termination, the commissioner shall\\nnotify the division of criminal justice services of such termination,\\nand the division of criminal justice services shall destroy the\\nfingerprints of such person. Such person may request that the\\ncommissioner notify the division of criminal justice services that his\\nor her fingerprints shall be destroyed prior to the expiration of such\\ntwelve month period in which case the commissioner shall notify the\\ndivision of criminal justice services and the division shall destroy the\\nfingerprints of such person promptly upon receipt of the request; and\\n (viii) been informed of the manner in which he or she may submit to\\nthe commissioner any information that may be relevant to the\\nconsideration of his or her application for clearance including, where\\napplicable, information in regard to his or her good conduct and\\nrehabilitation.\\n * (d) The commissioner shall develop forms to be provided to all\\nschool districts, charter schools, boards of cooperative educational\\nservices, and to all nonpublic and private elementary and secondary\\nschools that elect to fingerprint their prospective employees, to be\\ncompleted and signed by prospective employees when conditional\\nappointment or emergency conditional appointment is offered.\\n * NB Repealed July 1, 2015\\n * (e) The commissioner may promulgate rules and regulations regarding\\nthe conditional appointment and emergency conditional appointment of a\\nprospective employee.\\n * NB Repealed July 1, 2015\\n * 31. The commissioner shall direct that each school district, charter\\nschool, and private elementary and secondary school appoint a designated\\neducational official for the purposes set forth in section 380.90 of the\\ncriminal procedure law, subdivision seventeen of section 301.2 and\\nsubdivision three of section 380.1 of the family court act. In addition,\\nthe commissioner shall promulgate rules and regulations, in consultation\\nwith the office of court administration, to facilitate electronic access\\nby the courts to the names and addresses of such designated educational\\nofficials.\\n * NB There are 2 sub 31's\\n * 31. The commissioner shall cooperate with the commissioner of\\nagriculture and markets in establishing a farm-to-school program and\\ncoordinating New York Harvest For New York Kids Week as described in\\nsubdivision five-b of section sixteen of the agriculture and markets\\nlaw. The commissioner's responsibilities shall include, but not be\\nlimited to, compiling information for the department of agriculture and\\nmarkets from school districts and other educational institutions under\\nthe department's jurisdiction interested in purchasing New York farm\\nproducts and disseminating to those districts and institutions\\ninformation from the department of agriculture and markets about the\\navailability of New York farm products, and contact information for\\nfarmers and other businesses marketing such products. The commissioner\\nshall report to the legislature about the need for changes in law to\\nfacilitate the purchase of such products by schools and other\\ninstitutions.\\n * NB There are 2 sub 31's\\n * 33. a. The commissioner shall establish procedures for the approval\\nof providers of supplemental educational services in accordance with the\\nprovisions of subsection (e) of section one thousand one hundred sixteen\\nof the No Child Left Behind Act of 2001 and shall adopt regulations to\\nimplement such procedures. Notwithstanding any other provision of state\\nor local law, rule or regulation to the contrary, any local educational\\nagency that receives federal funds pursuant to title I of the Elementary\\nand Secondary Education Act of nineteen hundred sixty-five, as amended,\\nshall be authorized to contract with the approved provider selected by a\\nstudent's parent, as such term is defined in subsection thirty-one of\\nsection nine thousand one hundred one of the No Child Left Behind Act of\\n2001, for the provision of supplemental educational services to the\\nextent required under such section one thousand one hundred sixteen.\\nEligible approved providers shall include, but not be limited to, public\\nschools, BOCES, institutions of higher education, and community based\\norganizations.\\n b. Notwithstanding any other provision of law to the contrary, for\\npurposes of article twenty-three-B of this chapter and for purposes of a\\ncriminal history record check pursuant to section three thousand\\nthirty-five or subdivision twenty of section twenty-five hundred\\nninety-h of this chapter, any individual who is employed by or\\nassociated with a supplemental educational services provider approved by\\nthe commissioner other than a school district, board of cooperative\\neducational services or charter school, and who will provide\\nsupplemental educational services through direct contact with eligible\\nchildren shall be deemed to be an employee of the school district in\\nwhich he or she provides such services for purposes of article\\ntwenty-three-B of this chapter and shall be deemed to be a prospective\\nemployee of each school district in which such provider is authorized to\\nprovide services and shall be required to be fingerprinted pursuant to\\nsection three thousand thirty-five or subdivision twenty of section\\ntwenty-five hundred ninety-h of this chapter, regardless of the location\\nin which such services are delivered.\\n * NB Repealed June 30, 2015\\n 34. The commissioner is hereby authorized and directed to apply school\\nbus safety practices instruction and retraining requirements prescribed\\npursuant to the provisions of section thirty-six hundred twenty-four of\\nthis chapter to drivers who operate transportation which is owned,\\nleased or contracted for by private and parochial schools to the same\\nextent as such requirements shall apply to drivers who operate\\ntransportation which is owned, leased or contracted for by public school\\ndistricts. The chief school administrator of every private and parochial\\nschool shall approve the employment of each driver for each school bus\\noperated for such private or parochial school and shall ensure that each\\nsuch driver shall meet the school bus safety practices instruction and\\nretraining requirements prescribed pursuant to section thirty-six\\nhundred twenty-four of this chapter. Nothing in this subdivision shall\\nbe construed to apply such provisions to volunteer drivers who transport\\npupils on other than a regularly established route on an occasional\\nbasis.\\n * 35. The commissioner shall develop guidelines by which school\\ndistricts may establish a program to make available to parents or\\npersons in parental relation of children attending schools in such\\ndistricts, an internet based electronic communications system to provide\\nfor the transmission of individual personalized messages or group\\ncommunication over the internet, to communicate with the teachers of\\nsuch children.\\n * NB There are 2 sb 35's\\n * 35. The commissioner shall, in cooperation with the commissioner of\\nmental health, develop guidelines for voluntary implementation by school\\ndistricts, that incorporate social and emotional development into\\nelementary and secondary school educational programs as prescribed in\\nparagraph (b) of subdivision one of section three of the children's\\nmental health act of 2006.\\n * NB There are 2 sb 35's\\n 36. The commissioner shall ensure that by July first, two thousand\\neight, a student progress report, written in plain English and in a form\\nprescribed by the commissioner, is prepared for all students. Such\\nprogress report shall provide parents or persons in parental relation\\nwith information on their child's performance on state assessments over\\nmultiple years of testing and shall also explain the process by which\\nparents or persons in parental relation may inquire further about their\\nchild's progress. All school districts and charter schools shall prepare\\nand disseminate the student progress report to parents or persons in\\nparental relation in a timely manner.\\n 37. The commissioner shall develop methods to support educators in the\\nuse of performance data to assist in student learning, which shall be\\nperiodically improved based on feedback from educators.\\n 38. The commissioner shall develop informational materials to assist\\nparents or persons in parental relation and teachers in understanding\\nthe regents learning standards and the results of state assessments.\\n 39. The commissioner shall develop a school leadership report card and\\na separate school progress report card to assist boards of education,\\nthe state and the public in assessing the performance of school leaders,\\nincluding superintendents of schools and building principals, and the\\nschools that they lead. The report cards shall include an assessment of\\nthe school's progress in achieving standards of excellence. By January\\nfirst, two thousand nine, the commissioner shall develop such standards\\nof excellence which shall include, but not be limited to, parent\\ninvolvement, curriculum, teacher quality, and accountability measures as\\nset forth in section two hundred eleven-a of this title. The\\ncommissioner shall promulgate regulations requiring the trustees or\\nboards of education of every common, union free, central, central high\\nschool and city school district, and the chancellor of a city school\\ndistrict in a city of one million or more inhabitants, to attach copies\\nof such report cards to the statement of estimated expenditures pursuant\\nto section sixteen hundred eight or seventeen hundred sixteen of this\\nchapter, where applicable, and to otherwise make the report cards\\npublicly available in the same manner as a school district report card.\\n 40. The board of regents shall explore the development of a\\nprekindergarten through postsecondary (P-16) data system that tracks\\nstudent performance from prekindergarten through attendance at public\\ncolleges in this state and links students to teachers or instructors.\\nThe commissioner shall consult with other relevant state departments,\\nagencies and instrumentalities of the state about the feasibility of\\nlinking the system to other data collection systems containing\\ninformation relevant to the education of children, including but not\\nlimited to social services information; and to identify barriers to the\\nexchange of data between the P-16 system and social services and other\\nsystems under their control and collaborate to facilitate the free\\nexchange of data. Such data system shall be maintained consistent with\\napplicable confidentiality requirements, so as to prevent disclosures\\nthat would constitute an unwarranted invasion of personal privacy. The\\ncommissioner shall report to the board of regents on activities\\nconducted pursuant to this subdivision.\\n 41. The commissioner shall establish a program to evaluate various\\nmethods used by schools to identify students receiving a free or reduced\\nprice meal under programs authorized by the National School Lunch Act,\\nas amended, or the Child Nutrition Act of 1966, as amended. The\\ncommissioner shall identify methodologies and practices utilized by\\nschools and school districts, within the state and nationally, to:\\n a. simplify student access to meal programs; and\\n b. identify students through an electronic payment system, or through\\nother means, in order to eliminate the overt identification of students\\nreceiving a free or reduced price meal.\\nOn or before July first, two thousand nine, the commissioner shall\\ndisseminate detailed information on the best practices utilized by such\\nschools and school districts which simplify access and eliminate the\\ndistinction between students receiving a free or reduced price meal and\\nthose paying full price so as to more effectively operate the program.\\nThe commissioner shall also submit a report containing such information\\nto the legislature on or before such date.\\n 42. a. The commissioner, in conjunction with the commissioner of\\nhealth, shall promulgate and review as necessary rules and regulations\\nrelating to pupils who suffer mild traumatic brain injuries, also\\nreferred to as a \"concussion,\" while receiving instruction or engaging\\nin any school sponsored or related activity. In developing such rules\\nand regulations, the commissioner shall consider comments from\\nstakeholders and other interested parties including but not limited to\\nparents, teachers, students, school administrators, school athletic\\ntrainers, sport coaches, medical and health professionals, the public\\nschools athletic league (PSAL), the New York state public high school\\nathletic association (NYSPHSAA), and other athletic associations. Such\\nregulations shall include, but not be limited to:\\n (i) requiring a course of instruction relating to recognizing the\\nsymptoms of mild traumatic brain injuries and monitoring and seeking\\nproper medical treatment for pupils who suffer mild traumatic brain\\ninjuries. Such course of instruction shall be required to be completed\\non a biennial basis by all school coaches, physical education teachers,\\nnurses and athletic trainers. The course of instruction required by this\\nsubparagraph shall include, but not be limited to, the definition of a\\n\"concussion,\" signs and symptoms of mild traumatic brain injuries, how\\nsuch injuries may occur, practices regarding prevention, and the\\nguidelines for the return to school and to certain school activities\\nafter a pupil has suffered a mild traumatic brain injury regardless of\\nwhether such injury occurred outside of school. Such training may be\\ncompleted by means of courses of instruction, including but not limited\\nto, courses provided online and by teleconference approved by the\\ndepartment;\\n (ii) providing that the department and the department of health shall\\npost on their internet websites information relating to mild traumatic\\nbrain injuries, which shall include but not be limited to, the\\ndefinition of a \"concussion,\" signs and symptoms of mild traumatic brain\\ninjuries, how such injuries may occur, and the guidelines for the return\\nto school and to certain school activities after a pupil has suffered a\\nmild traumatic brain injury regardless of whether such injury occurred\\noutside of school. Schools shall be required to include such information\\nin any permission form or parent or person in parental relation consent\\nform or similar document that may be required for a pupil's\\nparticipation in interscholastic sports and shall also include such\\ninformation, or reference how to obtain such information from the\\ndepartment and the department of health internet websites, on the\\nschool's internet website, if one exists;\\n (iii) requiring the immediate removal from athletic activities of any\\npupil believed to have sustained or who has sustained a mild traumatic\\nbrain injury. In the event that there is any doubt as to whether a pupil\\nhas sustained a concussion, it shall be presumed that he or she has been\\nso injured until proven otherwise. No such pupil shall resume athletic\\nactivity until he or she shall have been symptom free for not less than\\ntwenty-four hours, and has been evaluated by and received written and\\nsigned authorization from a licensed physician. Such authorization shall\\nbe kept on file in the pupil's permanent health record. Furthermore,\\nsuch rules and regulations shall provide guidelines for limitations and\\nrestrictions on school attendance and activities for pupils who have\\nsustained mild traumatic brain injuries, consistent with the directives\\nof the pupil's treating physician.\\n (iv) authorizing each school or school district, in its discretion, to\\nestablish a concussion management team which may be composed of the\\nathletic director (if any), a school nurse, the school physician, a\\ncoach of an interscholastic team, an athletic trainer or such other\\nappropriate personnel as designated by the school or school district.\\nThe concussion management team shall oversee the implementation of the\\nrules and regulations promulgated pursuant to this subdivision as it\\npertains to their associated school including the requirement that all\\nschool coaches, physical education teachers, nurses and athletic\\ntrainers that work with and provide instruction to pupils engaged in\\nschool sponsored athletic activities complete training relating to mild\\ntraumatic brain injuries. Furthermore, every concussion management team\\nmay establish and implement a program which provides information on mild\\ntraumatic brain injuries to parents and persons in parental relation\\nthroughout each school year.\\n b. The rules and regulations established pursuant to this subdivision\\nshall be deemed to be the minimum standards that must be complied with\\nby every public school relating to mild traumatic brain injuries. Such\\nrules and regulations may also be implemented by nonpublic schools if\\nthey so authorize. Nothing in this subdivision shall prohibit any public\\nschool or nonpublic school from adopting and implementing more stringent\\nstandards.\\n 43. The commissioner shall make available, on the department internet\\nwebsite, materials on problem gambling among school-age youth identified\\nor developed by the office of alcoholism and substance abuse services in\\nconsultation with the department, pursuant to subdivision (j) of section\\n19.07 of the mental hygiene law.\\n 44. The commissioner shall prohibit the administration of traditional\\nstandardized tests, as defined in regulations issued by the\\ncommissioner, in pre-kindergarten programs and in grades kindergarten\\nthrough second grade; provided, however, that nothing herein shall\\nprohibit assessments in which students perform real-world tasks that\\ndemonstrate application of knowledge and skills or assessments that are\\notherwise required to be administered by federal law.\\n * 45. The commissioner shall provide that no school district or board\\nof cooperative educational services may place or include on a student's\\nofficial transcript or maintain in a student's permanent record any\\nindividual student score on a state administered standardized English\\nlanguage arts or mathematics assessment for grades three through eight,\\nprovided that nothing herein shall be construed to interfere with\\nrequired state or federal reporting or to excuse a school district from\\nmaintaining or transferring records of such test scores separately from\\na student's permanent record, including for purposes of required state\\nor federal reporting.\\n * NB Repealed December 31, 2018\\n * 46. The commissioner shall provide that any test results on a state\\nadministered standardized English language arts or mathematics\\nassessment for grades three through eight sent to parents or persons in\\nparental relation to a student include a clear and conspicuous notice\\nthat such results will not be included on the student's official\\ntranscript or in the student's permanent record and are being provided\\nto the student and parents for diagnostic purposes.\\n * NB Repealed December 31, 2018\\n 47. The commissioner shall provide that no school district shall make\\nany student promotion or placement decisions based solely or primarily\\non student performance on the state administered standardized English\\nlanguage arts and mathematics assessments for grades three through\\neight. However, a school district may consider student performance on\\nsuch state assessments provided that the school district uses multiple\\nmeasures in addition to such assessments and that such assessments do\\nnot constitute the major factor in such determinations. In addition, the\\ncommissioner shall require every school district to annually notify the\\nparents and persons in parental relation to the students attending such\\ndistrict of the district's grade promotion and placement policy along\\nwith an explanation of how such policy was developed. Such notification\\nmay be provided on the school district's website, if one exists, or as\\npart of an existing informational document that is provided to parents\\nand persons in parental relation.\\n * 48. The commissioner shall issue regulations:\\n a. allowing students with disabilities who are not eligible for the\\nNew York state alternate assessment and whose cognitive and intellectual\\ndisabilities preclude their meaningful participation in chronological\\ngrade level instruction to be assessed based on instructional level\\nrather than chronological age;\\n b. allowing English language learners to be assessed with a\\nstate-administered assessment that measures the English language\\ndevelopment of such students rather than the English language arts exam\\nfor their first two years of enrollment; and\\n c. ensuring accountability for the performance of such students in\\nappropriate ways.\\n * NB Effective upon and to the extent allowed by a federal waiver\\nissued by the U.S. department of education\\n 49. The commissioner shall promulgate such standards and regulations\\nas may be necessary to ensure:\\n a. that the amount of time devoted to state-administered required\\nassessments developed by the state directly or by contract for each\\ngrade does not exceed, in the aggregate, one percent of the minimum\\nrequired annual instructional hours for such grade.\\n b. that, for each school district, the amount of time devoted to\\nstandardized assessments that are not specifically required by state or\\nfederal law for each grade does not exceed, in the aggregate, one\\npercent of the minimum required annual instructional hours for such\\ngrade.\\n c. that, for each school district, the amount of time devoted to test\\npreparation under standardized testing conditions for each grade does\\nnot exceed, in the aggregate, two percent of the minimum required annual\\ninstructional hours for such grade.\\n Time devoted to teacher administered classroom quizzes or exams,\\nportfolio reviews, or performance assessments shall not be counted\\ntowards the limits established by this subdivision. In addition, nothing\\nin this subdivision shall be construed to supersede the requirements of\\na section of the 504 plan of a qualified student with a disability or\\nfederal law relating to English Language Learners or the individualized\\neducation program of a student with disabilities.\\n 50. The commissioner shall provide instructional tools and outreach\\nmaterials for parents and families to assist parents and families in\\nunderstanding the purposes, elements and instructional changes relating\\nto implementation of common core learning standards as well as how to\\nbest support their child's educational progress and outcomes. Such tools\\nand outreach shall include, but not be limited to, online resources with\\nlinguistically and culturally appropriate materials, community outreach,\\nand the dissemination of materials through schools, non-profit\\norganizations, libraries, and other partners.\\n 51. The commissioner shall, in order to assist school districts and\\nboards of cooperative educational services in developing common core\\ntraining programs for teachers and principals, develop professional\\ndevelopment tools, resources and materials that school districts, boards\\nof cooperative educational services, teachers and principals may\\nutilize. The commissioner may collaborate with the state university of\\nNew York, the city university of New York, and independent colleges and\\nuniversities to offer effective, data-informed professional development\\nand coaching to meet the needs of implementing the common core learning\\nstandards. Such professional development and coaching shall include\\nnecessary materials, age appropriate instruction and resources that\\nprovide best practices for the effective implementation of the common\\ncore learning standards. Such support shall be available for the purpose\\nof providing professional development for teachers and principals, as\\nwell as preparation programs for participating school districts, boards\\nof cooperative educational services, charter schools and communities at\\nlarge, and may include recommendations for how teachers and principals\\ncan collaborate on strategies, including but not limited to study groups\\nand coaching, to improve classroom practices. The commissioner shall\\nalso identify regional examples of school districts that have\\nsuccessfully implemented the common core learning standards, where such\\nexamples exist, and shall invite such districts to serve on a voluntary\\nbasis as models that principals, teachers and other school professionals\\nwithin the region may visit and observe. In addition, the commissioner\\nshall include opportunities for teachers and other content-area experts\\nto provide feedback and recommendations for the continuous improvement\\nand development of voluntary common core curriculum modules offered by\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "306", "title" : "Removal of school officers; withholding public money", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "306", "activeDate" : "2014-09-22", "sequenceNo" : 189, "repealedDate" : null, "fromSection" : "306", "toSection" : "306", "text" : " § 306. Removal of school officers; withholding public money. 1.\\nWhenever it shall be proved to his satisfaction that any trustee, member\\nof a board of education, clerk, collector, treasurer, district\\nsuperintendent, superintendent of schools or other school officer is a\\nmember of an organization listed as subversive by the board of regents\\npursuant to the provisions of section three thousand twenty-two of this\\nchapter, or has been guilty of any wilful violation or neglect of duty\\nunder this chapter, or any other act pertaining to common schools or\\nother educational institution participating in state funds, or wilfully\\ndisobeying any decision, order, rule or regulation of the regents or of\\nthe commissioner of education, said commissioner, after a hearing at\\nwhich the school officer shall have the right of representation by\\ncounsel, may, by an order under his hand and seal, which order shall be\\nrecorded in his office, remove such school officer from his office.\\n 2. Said commissioner of education may also withhold from any district\\nor city its share of the public money of the state for wilfully\\ndisobeying any provision of law or any decision, order or regulation as\\naforesaid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "307", "title" : "Acquisition of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "307", "activeDate" : "2014-09-22", "sequenceNo" : 190, "repealedDate" : null, "fromSection" : "307", "toSection" : "307", "text" : " § 307. Acquisition of real property. 1. The commissioner of\\neducation, when an appropriation therefor has been made by the\\nlegislature, may acquire any real property which he may deem necessary\\nfor the purposes of a state educational institution by purchase or\\npursuant to the provisions of the eminent domain procedure law the title\\nto which shall be taken in the name of and be vested in the people of\\nthe state of New York; provided, however, that no real property shall be\\nso acquired by purchase unless the title thereto shall be approved by\\nthe attorney general.\\n 2. Whenever real property is to be so acquired pursuant to the\\nprovisions of the eminent domain procedure law, by appropriation, the\\ncommissioner of education shall cause to be made by the state department\\nof transportation an accurate acquisition map. With respect to any real\\nproperty or any easement to be so acquired for state university\\npurposes, the state university trustees may cause the map, description\\nand survey contemplated by this subdivision, and any changes,\\nalterations or modifications in such map contemplated by subdivision\\nfive of this section, to be made by the state department of\\ntransportation or, with the approval of the director of the budget, by a\\nlicensed professional engineer or a licensed land surveyor, and the\\nstate commissioner of transportation and the state university trustees\\nmay each authorize the state university construction fund to act as\\nagent in making such map, description and survey.\\n 3. On the approval of such map by the commissioner, the original\\ntracing of such map shall be filed in the main office of the department\\npursuant to the provisions of the eminent domain procedure law. With\\nrespect to any real property or easement to be so acquired for state\\nuniversity purposes, the original tracing of such map shall be filed in\\nthe office of the state university trustees.\\n 4. If the commissioner shall determine, prior to the filing of such\\nmap in the office of the clerk or register of the county, that changes,\\nalterations or modifications of such map as filed in the main office of\\nthe department should be made, he or she shall, subject to the\\nprovisions of article two of the eminent domain procedure law, if\\napplicable, direct the preparation by the department of transportation\\nof an amended map. On the approval of such amended map by the\\ncommissioner, it shall be filed in the main office of the department and\\nthe amended map shall thereupon in all respects and for all purposes\\nsupersede the map previously filed. With respect to any real property or\\nany easement to be so acquired for state university purposes, upon the\\napproval of such amended map by the state university trustees, it shall\\nbe filed in the office of the state university trustees and the amended\\nmap shall thereupon in all respects and for all purposes supersede the\\nmap previously filed.\\n 5. If the commissioner shall determine, prior to the filing of a copy\\nof such acquisition map in the office of the county clerk or register as\\nprovided in section four hundred two of the eminent domain procedure\\nlaw, that such map should be withdrawn, he or she may file a certificate\\nof withdrawal in the offices of the department and of the department of\\nlaw. Upon the filing of such certificate of withdrawal, the map to\\nwhich it refers shall be cancelled and all rights thereunder shall cease\\nand determine.\\n 6. The commissioner shall deliver to the attorney general a copy of\\nsuch acquisition map, whereupon it shall be the duty of the attorney\\ngeneral to advise and certify to the commissioner the names of the\\nowners of the property, easements, interests or rights described in the\\nsaid acquisition map, including the owners of any right, title or\\ninterest therein, pursuant to the requirements of section four hundred\\nthree of the eminent domain procedure law.\\n 7. If, at or after the vesting of title to such property in the\\npeople of the state of New York, as provided in the eminent domain\\nprocedure law, the commissioner of education shall deem it necessary to\\ncause the removal of an owner or occupant from any real property so\\nacquired, he may cause such owner or occupant to be removed therefrom by\\nproceeding in accordance with section four hundred five of the eminent\\ndomain procedure law. The proceeding shall be brought in the name of\\nthe commissioner of education as agent of the state and the attorney\\ngeneral shall represent the petitioner in the proceedings. No execution\\nshall issue for costs, if any, awarded against the state or the\\ncommissioner of education, but they shall be part of the costs of the\\nacquisition of the real property and be paid in like manner.\\nProceedings may be brought separately against one or more of the owners\\nor occupants of any such property, or one proceeding may be brought\\nagainst all or several of the owners or occupants of any or all such\\nproperty within the territorial jurisdiction of the same court, justice\\nor judge; a final judgment shall be made for immediate removal of\\npersons defaulting in appearance or in answering, or withdrawing their\\nanswers, if any, without awaiting the trial or decision of issues raised\\nby contestants, if any.\\n 8. Upon making any agreement provided for in section three hundred\\nfour of the eminent domain procedure law the commissioner of education\\nor such trustees of the state university of New York, as the case may\\nbe, shall deliver to the comptroller such agreement and a certificate\\nstating the amount due such owner or owners thereunder on account of\\nsuch appropriation of his or their property and the amount so fixed\\nshall be paid out of the state treasury after audit by the comptroller\\nfrom moneys appropriated for the acquisition of such real property, but\\nnot until there shall have been filed with the comptroller a certificate\\nof the attorney general showing the person or persons claiming the\\namount so agreed upon to be legally entitled thereto.\\n 9. Application for reimbursement of incidental expenses as provided\\nin section seven hundred two of the eminent domain procedure law shall\\nbe made to the commissioner upon forms prescribed by him and shall be\\naccompanied by such information and evidence as the commissioner may\\nrequire. Upon approval of such application, the commissioner shall\\ndeliver a copy thereof to the comptroller together with a certificate\\nstating the amount due thereof, and the amount so fixed shall be paid\\nout of the state treasury after audit by the comptroller from monies\\nappropriated for the acquisition of property under this section.\\n 10. The commissioner of education and the trustees of the state\\nuniversity of New York, with the approval of the director of the budget,\\nshall establish and may from time to time amend rules and regulations\\nauthorizing the payment of actual reasonable and necessary moving\\nexpenses of occupants of property acquired pursuant to this section; of\\nactual direct losses of tangible personal property as a result of moving\\nor discontinuing a business or farm operation, but not exceeding an\\namount equal to the reasonable expenses that would have been required to\\nrelocate such property, as determined by the commissioner of education\\nand the trustees of the state university of New York; and actual\\nreasonable expenses in searching for a replacement business or farm; or\\nin hardship cases for the advance payment of such expenses and losses.\\nFor the purposes of making payment of such expenses and losses only the\\nterm \"business\" means any lawful activity conducted primarily for\\nassisting in the purchase, sale, resale, manufacture, processing or\\nmarketing of products, commodities, personal property or services by the\\nerection and maintenance of an outdoor advertising display or displays,\\nwhether or not such display or displays are located on the premises on\\nwhich any of the above activities are conducted. Such rules and\\nregulations may further define the terms used in this subdivision. In\\nlieu of such actual reasonable and necessary moving expenses, any such\\ndisplaced owner or tenant of residential property may elect to accept a\\nmoving expense allowance, plus a dislocation allowance, determined in\\naccordance with a schedule prepared by the commissioner of education and\\nthe trustees of the state university of New York and made a part of such\\nrules and regulations. In lieu of such actual reasonable and necessary\\nmoving expenses, any such displaced owner or tenant of commercial\\nproperty who relocates or discontinues his business or farm operation\\nmay elect to accept a fixed relocation payment in an amount equal to the\\naverage annual net earnings of the business or farm operation, except\\nthat such payment shall be not less than two thousand five hundred\\ndollars nor more than ten thousand dollars. In the case of a business,\\nno such fixed relocation payment shall be made unless the commissioner\\nof education or, in the case of an acquisition, for the purposes of the\\nstate university, the trustees of the state university of New York find\\nand determine that the business cannot be relocated without a\\nsubstantial loss of its existing patronage, and that the business is not\\na part of a commercial enterprise having at least one other\\nestablishment, which is not being acquired by the state or the United\\nStates, which is engaged in the same or similar business. In the case\\nof a business which is to be discontinued but for which the findings and\\ndeterminations set forth above cannot be made, the commissioner or the\\ntrustees of the state university of New York may prepare an estimate of\\nwhat the actual reasonable and necessary moving expenses, exclusive of\\nany storage charges, would be if the business were to be relocated and\\nenter into an agreed settlement with the owner of such business for an\\namount not to exceed such estimate in lieu of such actual reasonable and\\nnecessary moving expenses. Application for payment under this\\nsubdivision shall be made to the commissioner of education or, in the\\ncase of an acquisition for the purposes of the state university, to the\\ntrustees of the state university of New York and shall be accompanied by\\nsuch information and evidence as the commissioner or such trustees, as\\nthe case may be, may require. Upon approval of such application, the\\ncommissioner or such trustees, as the case may be, shall deliver a copy\\nthereof to the comptroller together with a certificate stating the\\namount due thereunder, and the amount so fixed shall be paid out of the\\nstate treasury after audit by the comptroller from moneys appropriated\\nfor the acquisition of property under this section. As used in this\\nsubdivision the term \"commercial property\" shall include property owned\\nby an individual, family, partnership, corporation, association or a\\nnonprofit organization and includes a farm operation. As used in this\\nsubdivision the term \"business\" means any lawful activity, except a farm\\noperation, conducted primarily for the purchase, sale, lease and rental\\nof personal and real property, and for the manufacture, processing, or\\nmarketing of products, commodities, or any other personal property; for\\nthe sale of services to the public; or by a nonprofit organization.\\n 11. Authorization is hereby given to the commissioner of education or\\nin the case of an acquisition for the purposes of the state university\\nto the trustees of the state university of New York to make supplemental\\nrelocation payments, separately computed and stated, to displaced owners\\nand tenants of residential property acquired pursuant to this section\\nwho are entitled thereto, as determined by the commissioner of education\\nor such trustees, as the case may be. The commissioner of education and\\nthe trustees of the state university of New York may, with the approval\\nof the director of the budget, establish and from time to time amend\\nrules and regulations providing for such supplemental relocation\\npayments. Such rules and regulations may further define the terms used\\nin this subdivision. In the case of property acquired pursuant to this\\nsection which is improved by a dwelling actually owned and occupied by\\nthe displaced owner for not less than one hundred eighty days\\nimmediately prior to initiation of negotiations for the acquisition of\\nsuch property, such payment to such owner shall not exceed fifteen\\nthousand dollars. Such payment shall be the amount, if any, which, when\\nadded to the acquisition payment equals the average price, established\\nby the commissioner of education or such trustees, as the case may be,\\non a class, group or individual basis, required to obtain a comparable\\nreplacement dwelling that is decent, safe and sanitary to accommodate\\nthe displaced owner, reasonably accessible to public services and places\\nof employment and available on the private market, but in no event shall\\nsuch payment exceed the difference between acquisition payment and the\\nactual purchase price of the replacement dwelling. Such payment shall\\ninclude an amount which will compensate such displaced owner for any\\nincreased interest costs which such person is required to pay for\\nfinancing the acquisition of any such comparable replacement dwelling.\\nSuch amount shall be paid only if the dwelling acquired pursuant to this\\nsection was encumbered by a bona fide mortgage which was a valid lien on\\nsuch dwelling for not less than one hundred eighty days prior to the\\ninitiation of negotiations for the acquisition of such dwelling. Such\\namount shall be equal to the excess in the aggregate interest and other\\ndebt service costs of that amount of the principal of the mortgage on\\nthe replacement dwelling which is equal to the unpaid balance of the\\nmortgage on the acquired dwelling, over the remainder term of the\\nmortgage on the acquired dwelling, reduced to discounted present value.\\nThe discount rate shall be the prevailing interest rate paid on savings\\ndeposits by commercial banks in the general area in which the\\nreplacement dwelling is located. Any such mortgage interest\\ndifferential payment shall, notwithstanding the provisions of section\\ntwenty-six-b of the general construction law, be in lieu of and in full\\nsatisfaction of the requirements of such section. Such payment shall\\ninclude reasonable expenses incurred by such displaced owner for\\nevidence of title, recording fees and other closing costs incident to\\nthe purchase of the replacement dwelling, but not including prepaid\\nexpenses. Such payment shall be made only to a displaced owner who\\npurchases and occupies a replacement dwelling which is decent, safe and\\nsanitary within one year subsequent to the date on which he is required\\nto move from the dwelling acquired pursuant to this section or the date\\non which he receives from the state final payment of all costs of the\\nacquired dwelling, whichever occurs later, except advance payment of\\nsuch amount may be made in hardship cases. In the case of property\\nacquired pursuant to this section from which an individual or family,\\nnot otherwise eligible to receive a payment pursuant to the above\\nprovisions of this subdivision, is displaced from any dwelling thereon\\nwhich has been actually and lawfully occupied by such individual or\\nfamily for not less than ninety days immediately prior to the initiation\\nof negotiations for the acquisition of such property, such payment to\\nsuch individual or family shall not exceed four thousand dollars. Such\\npayment shall be the amount which is necessary to enable such individual\\nor family to lease or rent for a period not to exceed four years, a\\ndecent, safe, and sanitary dwelling of standards adequate to accommodate\\nsuch individual or family in areas not generally less desirable in\\nregard to public utilities and public and commercial facilities and\\nreasonably accessible to his place of employment, but shall not exceed\\nfour thousand dollars, or to make the down payment, including reasonable\\nexpenses incurred by such individual or family for evidence of title,\\nrecording fees, and other closing costs incident to the purchase of the\\nreplacement dwelling, but not including prepaid expenses, on the\\npurchase of a decent, safe and sanitary dwelling of standards adequate\\nto accommodate such individual or family in areas not generally less\\ndesirable in regard to public utilities and public and commercial\\nfacilities, but shall not exceed four thousand dollars, except if such\\namount exceeds two thousand dollars, such person must equally match any\\nsuch amount in excess of two thousand dollars, in making the down\\npayment. Such payments may be made in installments as determined by the\\ncommissioner of education or such trustees, as the case may be.\\nApplication for payment under this subdivision shall be made to the\\ncommissioner of education or such trustees, as the case may be, and\\nshall be accompanied by such information and evidence as the\\ncommissioner or such trustees, as the case may be, may require. Upon\\napproval of such application, the commissioner or such trustees, as the\\ncase may be, shall deliver a copy thereof to the comptroller, together\\nwith a certificate stating the amount due thereunder, and the amount so\\nfixed shall be paid out of the state treasury after audit by the\\ncomptroller from moneys appropriated for the acquisition of property\\nunder this section.\\n 12. The owner of any real property so acquired may present to the\\ncourt of claims, pursuant to section five hundred three of the eminent\\ndomain procedure law, a claim for the value of such property acquired\\nand for legal damages caused by such acquisition, as provided by law for\\nthe filing of claims with the court of claims. Awards and judgments of\\nthe court of claims shall be paid in the same manner as awards and\\njudgments of that court for the acquisition of lands generally and shall\\nbe paid out of the state treasury after audit by the comptroller from\\nmoneys appropriated for the acquisition of such real property.\\n 13. If the commissioner of education shall determine subsequent to\\nthe acquisition of a temporary easement in any real property that the\\npurposes for which such easement right was acquired have been\\naccomplished and that the exercise of such easement is no longer\\nnecessary, he shall make his certificate that the exercise of such\\neasement is no longer necessary and that such easement right is\\ntherefore terminated, released and extinguished. The commissioner of\\neducation shall cause such certificate to be filed in the office of the\\ndepartment of state and upon such filing all rights acquired by the\\nstate in such property shall cease and determine. The commissioner of\\neducation shall cause a certified copy of such certificate as so filed\\nin the office of the department of state to be mailed to the owner of\\nthe property affected, as certified by the attorney general, if the\\nplace of residence of such owner is known or can be ascertained by a\\nreasonable effort and such commissioner of education shall cause a\\nfurther certified copy of such certificate to be filed in the office of\\nthe recording officer of each county in which the property affected or\\nany part thereof is situated. On the filing of such certified copy of\\nsuch certificate with such recording officer, it shall be his duty to\\nrecord the same in his office in the books used for recording deeds and\\nto index the same against the name of the people of the state of New\\nYork as grantor.\\n 14. Whenever the state university trustees determine that property\\nunder their jurisdiction, heretofore or hereafter acquired for state\\nuniversity purposes pursuant to this section, or any interest therein,\\nis unnecessary for the present or foreseeable future needs of the state\\nuniversity and that any such property or interest may be sold, exchanged\\nor released on terms beneficial to the state to the former owner from\\nwhom such property or interest was acquired or, in the case of an\\ninterest in such property, to the owner of the servient estate, or to\\ntheir respective heirs, successors in interest or assigns, the state\\nuniversity trustees may sell, exchange or release such property or\\ninterest, to such owner, his heirs, successors in interest or assigns,\\nwith the approval of the director of the budget and notwithstanding the\\nprovisions of any general, special or local law, at the fair market\\nvalue thereof or in partial or full settlement of any claim which such\\nowner, or his heirs, successors in interest or assigns, may have for\\ndamages resulting from the acquisition of such property or interest. In\\norder to carry any such sale, exchange or release into effect, the state\\nuniversity trustees are hereby authorized to exchange and deliver in the\\nname of the people of the state of New York a quitclaim of, or a grant\\nin and to, any such property or interest. Each such instrument of\\nconveyance or release shall be prepared by the attorney general and\\nbefore delivery thereof, shall be approved by him as to form and manner\\nof execution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "308", "title" : "Other powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "308", "activeDate" : "2014-09-22", "sequenceNo" : 191, "repealedDate" : null, "fromSection" : "308", "toSection" : "308", "text" : " § 308. Other powers. The commissioner of education shall also have\\npower and it shall be his duty to cause to be instituted such\\nproceedings or processes as may be necessary to properly enforce and\\ngive effect to any provision in this chapter or in any other general or\\nspecial law pertaining to the school system of the state or any part\\nthereof or to any school district or city. He shall possess the power\\nand authority to likewise enforce any rule or direction of the regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "309", "title" : "Schools of union free school districts and cities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "309", "activeDate" : "2014-09-22", "sequenceNo" : 192, "repealedDate" : null, "fromSection" : "309", "toSection" : "309", "text" : " § 309. Schools of union free school districts and cities. The schools\\nof every union free school district and of every city in all their\\ndepartments shall be subject to the visitation of the commissioner of\\neducation. He is charged with the general supervision of their boards\\nof education and their management and conduct of all departments of\\ninstruction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "309-A", "title" : "Twenty-first century schools program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "309-A", "activeDate" : "2014-09-22", "sequenceNo" : 193, "repealedDate" : null, "fromSection" : "309-A", "toSection" : "309-A", "text" : " § 309-a. Twenty-first century schools program. 1. Twenty-first century\\nschools plans. The commissioner is authorized to designate as\\n\"twenty-first century schools,\" schools which are implementing approved\\nplans to achieve substantial improvement in student achievement.\\nApplications for designation as a twenty-first century school may be\\nsubmitted on behalf of an individual school, a subset of schools within\\na school district or all schools within a school district. Each\\napplication for designation as a twenty-first century school shall be\\nmade in a form prescribed by the commissioner and shall set forth a\\nfive-year plan to enable all students to achieve levels of educational\\nachievement that are competitive with high international standards\\nthrough implementation of innovative instructional strategies and\\nrestructuring of school management and programs. Such application shall\\nbe submitted by April first next preceding the school year in which\\noperation as a twenty-first century school would commence. The\\ntwenty-first century school plan shall be developed through consultation\\nwith teachers, administrators, parents and other interested parties and\\nshall be approved by the board of education at a public meeting. Such\\nconsultation shall be conducted in accordance with plans for\\nschool-based planning and shared decision making adopted in accordance\\nwith regulations of the commissioner. A school designated as a\\ntwenty-first century school may revise its plan, subject to approval by\\nthe commissioner and subject to all requirements governing initial\\ndevelopment and approval of a plan. A twenty-first century school plan\\nshall contain such information as the commissioner may require,\\nincluding but not limited to:\\n a. identification of the school or schools included within the plan;\\n b. high, internationally competitive academic content and student\\nachievement standards and mechanisms for assessing student achievement\\nthat are fair, reliable and valid, that have been selected or developed\\nin conjunction with teachers, principals, parents and representatives of\\nemployers, organized labor, higher education institutions and community\\norganizations and are consistent with standards and assessment practices\\ndeveloped by the department, by national organizations of subject-matter\\nexperts or by others;\\n c. specific actions to be undertaken to assure that all students,\\nregardless of economic background, race, gender, ethnicity, disability\\nor limited English proficiency, will have a fair opportunity to achieve\\nthe knowledge and skills described in the student achievement standards\\npursuant to paragraph b of this subdivision;\\n d. specific improvements in student achievement that the plan is\\nexpected to produce including, but not limited to, improvements in\\nstudent achievement as reflected in grades, test scores, portfolio\\nassessments and student demonstrations of skills or competencies and\\nimprovements in attendance and completion rates;\\n e. certifications by the superintendent of schools and the principal\\nof each school included in the plan that the school will comply with all\\nrequirements of this chapter, rules of the board or regulations of the\\ncommissioner listed by the commissioner pursuant to subdivision three of\\nthis section;\\n f. a description of the staff development, training and support for\\nteachers and other personnel that will be necessary to implement the\\nplan;\\n g. any changes in school governance or management, work rules or\\nassignment restrictions, pursuant to collective negotiations where\\napplicable, needed in order to effectively focus and assist schools in\\npreparing students to meet the achievement standards described in\\nparagraph b of this subdivision;\\n h. any actions to be undertaken to assist families of students in\\naddressing pressing needs that affect student achievement, including,\\nbut not limited to, forming partnerships with public and private\\nagencies to increase the access of students and families to quality\\ncoordinated services;\\n i. any actions to be undertaken to facilitate the transition from\\nschool to work or to postsecondary education for all students including,\\nfor example, integration of workplace readiness skills and career\\ninformation into curricula, provision of school-structured work\\nexperiences, cooperation with local employers and articulation of school\\nand college programs; and\\n j. a plan for evaluation of the effectiveness of the program.\\n 2. Criteria for approval. The commissioner may designate a total of up\\nto two hundred fifty twenty-first century schools by the nineteen\\nhundred ninety-nine--two thousand school year. The commissioner shall\\npromulgate criteria for the designation of twenty-first century schools\\nwhich shall include, but not be limited to:\\n a. certifications by the commissioner that: (i) the student\\nachievement standards described pursuant to paragraph b of subdivision\\none of this section represent high, internationally competitive\\nstandards for student knowledge and skills, (ii) that the mechanisms for\\nassessing student achievement pursuant to such paragraph b are fair,\\nreliable and valid; and (iii) the plan is designed to provide all\\nstudents with educational services of a quality at least as high as\\nthose offered under existing practices, without regard to economic\\nbackground, race, gender, ethnicity, disability or limited English\\nproficiency;\\n b. the potential of the school plan for use as a model to be\\nreplicated by other similarly situated schools and the probability of\\nsuccess in substantially improving levels of achievement for all\\nstudents, without regard to economic background, race, gender,\\nethnicity, disability or limited English proficiency;\\n c. evidence and strength of support for the proposal among teachers,\\nparents and staff;\\n d. use of nationally recognized school restructuring and improvement\\nmodels and reliance upon research-based strategies for improving student\\nachievement; and\\n e. changes in local policies to provide the school or schools with\\nadditional enhanced flexibility.\\n The commissioner shall designate twenty-first century schools after\\nconsultation with the twenty-first century schools committee established\\npursuant to subdivision six of this section. The commissioner shall, to\\nthe extent practicable, provide for designation of schools located in a\\nmixture of urban, rural and suburban settings. The commissioner shall\\ntake specific actions to encourage applications from schools located in\\neconomically and socially distressed communities.\\n 3. Exemption from regulation. A school designated as a twenty-first\\ncentury school shall:\\n a. be exempt from complying with rules of the board and regulations of\\nthe commissioner to the extent necessary to implement an approved\\ntwenty-first century school plan and except as provided in paragraphs b\\nand c of this subdivision;\\n b. be authorized, as part of a twenty-first century school plan or\\nrevision thereto, to request approval by the commissioner to be exempted\\nfrom specific requirements of this chapter except as provided in\\nparagraph c of this subdivision and provided that the school shall\\ncontinue to meet the underlying purposes of the statute to the\\nsatisfaction of the commissioner and that the exemption shall be granted\\nonly to the extent necessary to implement an approved twenty-first\\ncentury school plan in the affected school or schools and provided\\nfurther, that within thirty days of granting an exemption pursuant to\\nthis paragraph, the commissioner shall provide written notice of such\\naction to the governor, the temporary president of the senate and the\\nspeaker of the assembly; and\\n c. not be exempt from complying with requirements of this chapter,\\nrules of the board or regulations of the commissioner that (i) protect\\nthe health, safety and civil rights of students and staff, (ii)\\nimplement the requirements of federal law or regulation, (iii) provide\\nfor teacher, staff and parent participation and involvement, maintenance\\nof effort or equitable participation of students and staff in nonpublic\\nschools, (iv) require the use of certified teachers, or (v) pertain to\\nattendance of pupils; further, nothing herein shall be construed to\\nexempt a twenty-first century school or its governing district from\\ncomplying with the provisions of titles two and four of this chapter,\\nwith the requirement to offer students the opportunity to meet all the\\nrequirements for and receive a regents high school diploma or with\\nrequirements to reporting data necessary for the computation of state\\naid.\\n On or by October first, nineteen hundred ninety-four, the commissioner\\nshall promulgate and provide to the governor, the temporary president of\\nthe senate and the speaker of the assembly a preliminary list of all\\nrequirements from which twenty-first century schools shall be required\\nto request specific exemption as provided in paragraph b of this\\nsubdivision and with which twenty-first century schools shall be\\nrequired to comply as provided in paragraph c of this subdivision. The\\ncommissioner shall promulgate a final list of all such requirements on\\nNovember first, nineteen hundred ninety-four. The commissioner shall\\nrevise such list as needed and, in each case, shall provide a\\npreliminary revised list to the governor, the temporary president of the\\nsenate and the speaker of the assembly at least thirty days prior to\\npromulgating a final revised list.\\n 4. School evaluations and reports. Each school designated as a\\ntwenty-first century school shall annually review its effectiveness in\\nimproving student performance and enabling all students to achieve to\\nhigh internationally competitive standards and shall report the results\\nof this review to the commissioner by September first next succeeding\\neach year of operation as a twenty-first century school. Prior to the\\nstart of a school's third year of operation as a twenty-first century\\nschool, the school and the commissioner shall jointly review the\\nschool's performance to identify areas in need of improvement and to\\ndevelop revisions to the school's twenty-first century school plan to\\nremedy the identified shortcomings. If, as a result of such review, the\\ncommissioner determines that the school is unlikely to produce\\nimprovement in student achievement, he or she shall commence action to\\nrevoke the school's designation as a twenty-first century school in\\naccordance with the provisions of subdivision five of this section. The\\ntrustees or board of education of each district operating a twenty-first\\ncentury school shall arrange for an independent evaluation of such\\nschool's effectiveness in substantially improving student achievement.\\nSuch independent evaluation shall be completed and transmitted to the\\ncommissioner within ninety days after completion of the fourth year of\\nthe school's operation as a twenty-first century school. Such\\nindependent evaluation shall be conducted by an agency selected by the\\ntrustees or board of education of the district and approved by the\\ncommissioner.\\n 5. Duties of the commissioner and department. The commissioner shall\\npromulgate guidelines to implement the provisions of this section, shall\\nannually review the performance of all schools designated as\\ntwenty-first century schools, shall provide technical assistance and\\nsupport, as appropriate, to all such schools, and shall submit to the\\nregents, the legislature and the governor, no later than February first,\\nan annual report describing the effectiveness of the twenty-first\\ncentury schools program, recommending changes in the program and\\nrecommending changes in laws and regulations affecting all schools based\\nupon the experiences of twenty-first century schools. The first such\\nreport shall be submitted no later than June first, nineteen hundred\\nninety-five and shall detail the steps undertaken to implement the\\nprovisions of this section. Each such annual report shall list and\\nsummarize all exemptions requested, granted and denied pursuant to\\nparagraph b of subdivision three of this section. The commissioner may,\\nacting either upon complaint or upon his or her own initiative, revoke a\\nschool's designation as a twenty-first century school for good cause\\nshown and after affording the school an opportunity to present arguments\\nagainst revocation.\\n 6. Twenty-first century schools committee. There is hereby established\\nthe twenty-first century schools committee. The committee shall advise\\nand assist the commissioner in developing guidelines to implement the\\nprovisions of this section, selecting schools for designation as\\ntwenty-first century schools, reviewing the performance of such schools,\\nevaluating the overall effectiveness of the twenty-first century schools\\nprogram and recommending changes to the program and to laws, rules and\\nregulations affecting all schools based upon the experiences of\\ntwenty-first century schools. The committee shall consist of thirteen\\nmembers, appointed by the governor, of whom three shall be appointed on\\nthe recommendation of the commissioner, two on the recommendation of the\\ntemporary president of the senate, two on the recommendation of the\\nspeaker of the assembly, one on the recommendation of the minority\\nleader of the senate and one on the recommendation of the minority\\nleader of the assembly. The commissioner shall designate the chair. The\\nappointing authorities shall attempt to assure that the membership of\\nthe committee includes representatives of parents, teachers, school\\nboard members and school administrators as well as representatives of\\ntheir own institutions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "310", "title" : "Appeals or petitions to commissioner of education and other proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "310", "activeDate" : "2014-09-22", "sequenceNo" : 194, "repealedDate" : null, "fromSection" : "310", "toSection" : "310", "text" : " § 310. Appeals or petitions to commissioner of education and other\\nproceedings. Any party conceiving himself aggrieved may appeal by\\npetition to the commissioner of education who is hereby authorized and\\nrequired to examine and decide the same; and the commissioner of\\neducation may also institute such proceedings as are authorized under\\nthis article. The petition may be made in consequence of any action:\\n 1. By any school district meeting.\\n 2. By any district superintendent and other officers, in forming or\\naltering, or refusing to form or alter, any school district, or in\\nrefusing to apportion any school moneys to any such district or part of\\na district.\\n 3. By a county treasurer or other distributing agent in refusing to\\npay any such moneys to any such district.\\n 4. By the trustees of any district in paying or refusing to pay any\\nteacher, or in refusing to admit any scholar gratuitously into any\\nschool or on any other matter upon which they may or do officially act.\\n 5. By any trustees of any school library concerning such library, or\\nthe books therein, or the use of such books.\\n 6. By any district meeting in relation to the library or any other\\nmatter pertaining to the affairs of the district.\\n 6-a. By a principal, teacher, owner or other person in charge of any\\nschool in denying a child admission to, or continued attendance at, such\\nschool for lack of proof of required immunizations in accordance with\\nsection twenty-one hundred sixty-four of the public health law.\\n 7. By any other official act or decision of any officer, school\\nauthorities, or meetings concerning any other matter under this chapter,\\nor any other act pertaining to common schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "311", "title" : "Powers of commissioner upon appeals or petitions, et cetera", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "311", "activeDate" : "2014-09-22", "sequenceNo" : 195, "repealedDate" : null, "fromSection" : "311", "toSection" : "311", "text" : " § 311. Powers of commissioner upon appeals or petitions, et cetera.\\nThe commissioner, in reference to such appeals, petitions or\\nproceedings, shall have power:\\n 1. To regulate the practice therein.\\n 2. To determine whether an appeal shall stay proceedings, and\\nprescribe conditions upon which it shall or shall not so operate.\\n 3. To decline to entertain or to dismiss an appeal, when it shall\\nappear that the appellant has no interest in the matter appealed from,\\nand that the matter is not a matter of public concern, and that the\\nperson injuriously affected by the act or decision appealed from is\\nincompetent to appeal.\\n 4. To make all orders, by directing the levying of taxes or otherwise,\\nwhich may, in his judgment, be proper or necessary to give effect to his\\ndecision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "312", "title" : "Filed papers and copies thereof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "312", "activeDate" : "2014-09-22", "sequenceNo" : 196, "repealedDate" : null, "fromSection" : "312", "toSection" : "312", "text" : " § 312. Filed papers and copies thereof. The commissioner shall file,\\narrange in the order of time, and keep in his office, so that they may\\nbe at all times accessible, all the proceedings on every appeal or\\npetition to him under this article, including his decision and orders\\nfounded thereon; and copies of all such papers and proceedings,\\nauthenticated by him under his seal of office, shall be evidence equally\\nwith the originals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "313", "title" : "Unfair educational practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-02-01", "2019-03-01", "2024-11-29", "2025-03-28" ], "docLevelId" : "313", "activeDate" : "2014-09-22", "sequenceNo" : 197, "repealedDate" : null, "fromSection" : "313", "toSection" : "313", "text" : " § 313. Unfair educational practices. (1) Declaration of policy. (a)\\nIt is hereby declared to be the policy of the state that the American\\nideal of equality of opportunity requires that students, otherwise\\nqualified, be admitted to educational institutions and be given access\\nto all the educational programs and courses operated or provided by such\\ninstitutions without regard to race, color, sex, religion, creed,\\nmarital status, age, sexual orientation as defined in section two\\nhundred ninety-two of the executive law or national origin, except that,\\nwith regard to religious or denominational educational institutions,\\nstudents, otherwise qualified, shall have the equal opportunity to\\nattend therein without discrimination because of race, color, sex,\\nmarital status, age, sexual orientation as defined in section two\\nhundred ninety-two of the executive law or national origin. It is a\\nfundamental American right for members of various religious faiths to\\nestablish and maintain educational institutions exclusively or primarily\\nfor students of their own religious faith or to effectuate the religious\\nprinciples in furtherance of which they are maintained. Nothing herein\\ncontained shall impair or abridge that right.\\n (b) It is hereby further declared to be the policy of the state that\\nindividuals who withdraw from postsecondary educational institutions in\\norder to serve on active duty in the armed forces of the United States\\nin time of war and who seek to return to such educational institutions\\nshall be allowed to do so without the imposition of any penalty,\\nacademic or financial, for their withdrawal, and that any express or\\nimplied contractual provision which imposes any such penalty shall be\\nvoid and unenforceable as against public policy.\\n (2) Definitions. (a) Educational institution means any educational\\ninstitution of post-secondary grade subject to the visitation,\\nexamination or inspection by the state board of regents or the state\\ncommissioner of education and any business or trade school in the state.\\n (b) Religious or denominational educational institution means an\\neducational institution which is operated, supervised or controlled by a\\nreligious or denominational organization and which has certified to the\\nstate commissioner of education that it is a religious or denominational\\neducational institution.\\n (3) Unfair educational practices. It shall be an unfair educational\\npractice for an educational institution after September fifteenth,\\nnineteen hundred forty-eight:\\n (a) To exclude or limit or otherwise discriminate against any person\\nor persons seeking admission as students to such institution or to any\\neducational program or course operated or provided by such institution\\nbecause of race, religion, creed, sex, color, marital status, age,\\nsexual orientation as defined in section two hundred ninety-two of the\\nexecutive law or national origin; except that nothing in this section\\nshall be deemed to affect, in any way, the right of a religious or\\ndenominational educational institution to select its students\\nexclusively or primarily from members of such religion or denomination\\nor from giving preference in such selection to such members or to make\\nsuch selection of its students as is calculated by such institution to\\npromote the religious principles for which it is established or\\nmaintained. Nothing herein contained shall impair or abridge the right\\nof an independent institution, which establishes or maintains a policy\\nof educating persons of one sex exclusively, to admit students of only\\none sex.\\n (b) To penalize any individual because he or she has initiated,\\ntestified, participated or assisted in any proceedings under this\\nsection.\\n (c) To accept any endowment or gift of money or property conditioned\\nupon teaching the doctrine of supremacy of any particular race.\\n (d) With respect to any individual who withdraws from attendance to\\nserve on active duty in the armed forces of the United States in time of\\nwar, including any individual who withdrew from attendance on or after\\nAugust second, nineteen hundred ninety to serve on active duty in the\\narmed forces of the United States in the Persian Gulf conflict: (i) to\\ndeny or limit the readmission of such individual to such institution or\\nto any educational program or course operated or provided by such\\ninstitution because of such withdrawal from attendance or because of the\\nfailure to complete any educational program or course due to such\\nwithdrawal; (ii) to impose any academic penalty on such person because\\nof such withdrawal or because of the failure to complete any educational\\nprogram or course due to such withdrawal; (iii) to reduce or eliminate\\nany financial aid award granted to such individual which could not be\\nused, in whole or part, because of such withdrawal or because of the\\nfailure to complete any educational program or course due to such\\nwithdrawal; or (iv) to fail to provide a credit or refund of tuition and\\nfees paid by such individual for any semester, term or quarter not\\ncompleted because of such withdrawal or because of the failure to\\ncomplete any program or course due to such withdrawal.\\n (e) It shall not be an unfair educational practice for any educational\\ninstitution to use criteria other than race, religion, creed, sex,\\ncolor, marital status, age, sexual orientation as defined in section two\\nhundred ninety-two of the executive law or national origin in the\\nadmission of students to such institution or to any of the educational\\nprograms and courses operated or provided by such institution.\\n (4) Certification of religious and denominational institutions. An\\neducational institution operated, supervised or controlled by a\\nreligious or denominational organization may, through its chief\\nexecutive officer, certify in writing to the commissioner that it is so\\noperated, controlled or supervised, and that it elects to be considered\\na religious or denominational educational institution, and it thereupon\\nshall be deemed such an institution for the purposes of this section.\\n (5) Procedure. (a) Any person seeking admission as a student who\\nclaims to be aggrieved by an alleged unfair educational practice,\\nhereinafter referred to as the petitioner, may himself, or by his parent\\nor guardian, make, sign and file with the commissioner of education a\\nverified petition which shall set forth the particulars thereof and\\ncontain such other information as may be required by the commissioner.\\nThe commissioner shall thereupon cause an investigation to be made in\\nconnection therewith; and after such investigation if he shall determine\\nthat probable cause exists for crediting the allegations of the\\npetition, he shall attempt by informal methods of persuasion,\\nconciliation or mediation to induce the elimination of such alleged\\nunfair educational practice.\\n (b) Where the commissioner has reason to believe that an applicant or\\napplicants have been discriminated against, except that preferential\\nselection by religious or denominational institutions of students of\\ntheir own religion or denomination shall not be considered an act of\\ndiscrimination, he may initiate an investigation on his own motion.\\n (c) The commissioner shall not disclose what takes place during such\\ninformal efforts at persuasion, conciliation or mediation nor shall he\\noffer in evidence in any proceeding the facts adduced in such informal\\nefforts.\\n (d) A petition pursuant to this section must be filed with the\\ncommissioner within one year after the alleged unfair educational\\npractice was committed.\\n (e) If such informal methods fail to induce the elimination of the\\nalleged unfair educational practice, the commissioner shall have power\\nto refer the matter to the board of regents which shall issue and cause\\nto be served upon such institution, hereinafter called the respondent, a\\ncomplaint setting forth the alleged unfair educational practice charged\\nand a notice of hearing before the board of regents, at a place therein\\nfixed to be held not less than twenty days after the service of said\\ncomplaint.\\n Any complaint issued pursuant to this section must be issued within\\ntwo years after the alleged unfair educational practice was committed.\\n (f) The respondent shall have the right to answer the original and any\\namended complaint and to appear at such hearing by counsel, present\\nevidence and examine and cross-examine witnesses.\\n (g) The commissioner and the board of regents shall have the power to\\nsubpoena witnesses, compel their attendance, administer oaths, take\\ntestimony under oath and require the production of evidence relating to\\nthe matter in question before it or them. The testimony taken at the\\nhearing, which shall be public shall be under oath and shall be reduced\\nto writing and filed with the board of regents.\\n (h) After the hearing is completed the board of regents shall file an\\nintermediate report which shall contain its findings of fact and\\nconclusions upon the issues in the proceeding. A copy of such report\\nshall be served on the parties to the proceeding. Any such party within\\ntwenty days thereafter, may file with the regents exceptions to the\\nfindings of fact and conclusions, with a brief in support thereof, or\\nmay file a brief in support of such findings of fact and conclusions.\\n (i) If, upon all the evidence, the regents shall determine that the\\nrespondent has engaged in an unfair educational practice, the regents\\nshall state their findings of fact and conclusions and shall issue and\\ncause to be served upon such respondent a copy of such findings and\\nconclusions and an order requiring the respondent to cease and desist\\nfrom such unfair educational practice, or such other order as they deem\\njust and proper.\\n (j) If, upon all the evidence, the regents shall find that a\\nrespondent has not engaged in any unfair educational practice, the\\nregents shall state their findings of fact and conclusions and shall\\nissue and cause to be served on the petitioner and respondent, a copy of\\nsuch findings and conclusions, and an order dismissing the complaint as\\nto such respondent.\\n (6) Judicial review and enforcement. (a) Whenever the board of regents\\nhas issued an order as provided in this section it may apply to the\\nsupreme court for the enforcement of such order by a proceeding brought\\nin the supreme court within the third judicial district. The board of\\nregents shall file with the court a transcript of the record of its\\nhearing, and the court shall have jurisdiction of the proceeding and of\\nthe questions determined therein, and shall have power to make an order\\nannulling or confirming, wholly or in part, or modifying the\\ndetermination reviewed. The order of the supreme court shall be subject\\nto review by the appellate division of the supreme court and the court\\nof appeals, upon the appeal of any party to the proceeding, in the same\\nmanner and with the same effect as provided on an appeal from a final\\njudgment made by the court without a jury.\\n (b) Any party to the proceeding, aggrieved by a final order of the\\nboard of regents, may obtain a judicial review thereof by a proceeding\\nunder article seventy-eight of the civil practice law and rules, which\\nshall be brought in the appellate division of the supreme court for the\\nthird judicial department.\\n (7) Regents empowered to promulgate rules and regulations. The regents\\nfrom time to time may adopt, promulgate, amend or rescind rules and\\nregulations to effectuate the purposes and provisions of this section.\\n (8) The commissioner shall include in his annual report to the\\nlegislature (1) a resume of the nature and substance of the cases\\ndisposed of through public hearings, and (2) recommendations for further\\naction to eliminate discrimination in education if such is needed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "313-A", "title" : "Prohibition against the use of certain material in questionnaires and applications for admission to educational institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "313-A", "activeDate" : "2014-09-22", "sequenceNo" : 198, "repealedDate" : null, "fromSection" : "313-A", "toSection" : "313-A", "text" : " § 313-a. Prohibition against the use of certain material in\\nquestionnaires and applications for admission to educational\\ninstitutions. No application for admission to any educational\\ninstitution in the state of New York shall contain any questions\\nrequiring the involuntary disclosure of the marital status of the\\nparents of those applying for admission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "314", "title" : "State plan for school district reorganization 1", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "314", "activeDate" : "2014-09-22", "sequenceNo" : 199, "repealedDate" : null, "fromSection" : "314", "toSection" : "314", "text" : " § 314. State plan for school district reorganization 1. The\\ncommissioner of education is hereby authorized to continue the\\ninvestigations, study and review carried on by the joint legislative\\ncommittee on the state education system in order to bring up to date the\\nstate plan for school district reorganization (legislative document\\nnumber twenty-five of nineteen hundred forty-seven, formerly referred to\\nas the Master Plan for School District Reorganization in New York\\nState); to make such studies and surveys as are necessary to review\\nperiodically and maintain such plan currently; to hold hearings in\\nrelation to affected areas for the purpose of eliciting the expression\\nof opinion, cooperation and assistance of the inhabitants of such areas;\\nand to make recommendations for school district reorganization so as to\\nassure the most efficient and economical provision of education\\nfacilities for such areas and in the best educational interests of the\\nchildren in the area. Such recommendations shall be principally directed\\ntoward the reorganization of areas in and around the city school\\ndistricts of cities having less than one hundred twenty-five thousand\\ninhabitants, the reorganization of the remaining common and union free\\nschool districts not included in such urban and suburban areas and the\\nreorganization of the smaller central school districts.\\n 2. At any such time as the commissioner shall determine that an area\\nor areas should be reorganized to assure and provide the best, most\\nefficient and most economical educational facilities for such area or\\nareas and that the best educational interests of the children in the\\narea will be served by such reorganization, the commissioner shall\\nformally announce or reaffirm such plan of reorganization stating his\\nreason therefor by orders made by him and entered in his office. Such\\norder shall identify the affected school districts and shall designate\\nall school districts by name, number or such other description as the\\ncommissioner shall deem proper. The commissioner shall forward a copy of\\nsuch order to the clerk or in the event there is no clerk, the trustee\\nor trustees of such school district located in the affected area or\\nareas.\\n 3. (a) Any school district scheduled for reorganization, and not\\nreorganized, desiring a change in the established plan of reorganization\\nas promulgated pursuant to subdivision two hereof, may petition to the\\ncommissioner for a formal public hearing stating the changes desired\\nwith the supporting papers, data and information. Such petition shall be\\nfiled with the commissioner by the board of education of a city school\\ndistrict or by the trustee or board of trustees or board of education in\\nother types of school districts upon the motion of a majority of the\\nvoters of such school district, present and voting at an annual or\\nspecial school district meeting or election adopting a resolution\\ndirecting the school board or trustees to file such petition.\\n (b) The commissioner within thirty days after receipt of such a\\npetition for a formal public hearing shall designate by written notice\\nthe place of such hearing and fix a date therefor not less than thirty\\nnor more than sixty days from the date of such notice. Such notice shall\\ninclude (1) the time and place of the formal public hearing, (2) set\\nforth the petitioner's proposed change or changes, (3) the established\\nplan of reorganization.\\n (c) Upon receipt of such notice of such hearing from the commissioner,\\nthe petitioning district shall publish a copy of such notice in one\\nnewspaper having a general circulation in such district, such\\npublication to be at least twenty days before such hearing, but if there\\nbe no such newspaper, a copy of said notice shall be posted in at least\\ntwenty public places in said district twenty days before such hearing.\\n (d) Hearing. The formal public hearing shall be held at the time and\\nplace specified in such notice or amended or republished notice. Such\\nhearing may be had before the commissioner or a person designated by him\\nas a hearing officer. The commissioner or such person so designated\\nshall hear the petitioning school district, the department and all\\ndistricts and parties appearing, each of whom may present testimony\\nunder oath, supporting exhibits, departmental records and all data,\\nmaps, sketches and argument, concerning the petition. The petitioner\\nshall have the burden of showing that the proposed change or changes to\\nthe existing state plan assures and provides equally efficient and\\neconomical educational facilities to such area or other areas affected\\nand that the educational interests of the school children in the area\\nwill be at least equally served by such proposed change or changes, and\\nthat such change or changes will create school districts in the area or\\nareas affected which by reason of actual or reasonably to be expected\\ngrowth, will be of adequate size, and financial resources to provide\\nequally efficient and economical educational facilities to such area or\\nareas to serve the educational interests of the children resident\\ntherein in all grades from kindergarten through the twelfth year.\\n (e) Within sixty days after such hearing is concluded and all papers\\nin relation thereto are submitted, the commissioner shall render a\\npreliminary finding recommending whether a change is warranted, setting\\nforth his findings and conclusions which shall be based exclusively on\\nthe evidence presented at the hearing. The commissioner shall recommend\\nthe amendment or confirmation of the state plan in accordance with his\\npreliminary finding by a report made by him and entered in his office.\\nThe commissioner shall serve a copy of such preliminary finding upon the\\nclerk or in the event that there is no clerk, the trustee or trustees of\\nthe school districts located in the affected area or areas. In the event\\nthat such districts do not agree with such preliminary findings, the\\nschool districts affected by the terms of such preliminary finding may\\nwithin thirty days apply to the chancellor of the board of regents for\\nthe appointment of a committee of the regents to review the proposed\\namendment or confirmation of the state plan. In the event that an\\napplication to the chancellor is not made within thirty days for the\\nappointment of a committee of the regents, the preliminary finding shall\\nbecome an order without further action of the commissioner.\\n (f) Upon receipt of such application, the chancellor shall appoint a\\ncommittee of three members of the regents, one of whom shall be a regent\\nwhose judicial district includes all or part of the areas affected. The\\ncommittee of regents shall review the proposed amendment or confirmation\\nof the state plan. In the event the committee is unable to resolve the\\ndifferences between the commissioner and such school districts, it shall\\nwithin sixty days from the date of the appointment of such committee,\\nmake an order reversing, affirming, or modifying, wholly or in part,\\nsuch preliminary finding of the commissioner and amending or confirming\\nthe state plan setting forth the committee's findings and conclusions\\nwhich shall be based exclusively on the evidence presented at the\\ncommissioner's hearing and any additional evidence presented at the\\ncommittee's review. The committee shall have the discretion to permit\\nadditional evidence to be presented by any party. The commissioner shall\\nserve a copy of such order upon the clerk or in the event there is no\\nclerk, the trustee or trustees of the school districts located in the\\naffected area or areas.\\n (g) Such order of the committee of the regents shall be binding and\\nfinal and subject to review pursuant to article seventy-eight of the\\ncivil practice law and rules. The scope of review shall include the\\nquestion whether the determination is on the entire record supported by\\nsubstantial evidence.\\n (h) The commissioner shall establish and promulgate rules of practice\\nand procedures in connection with such hearings, shall provide for the\\nattendance of the hearing officer, regulate the course of the hearing,\\nfix the time for filing of briefs and other documents, provide a hearing\\nstenographer and for the making of a record as well as the making of a\\nfull transcript of all proceedings at the hearing and shall at the\\nrequest of any party, school district or interested person have prepared\\nand furnish a copy of the transcript or any part thereof upon payment of\\nthe costs therefor.\\n (i) School districts designated in the established plan by an order of\\nthe committee of the regents shall be made parties by the petitioning\\ndistrict. Districts which may be affected by the proposed change may\\njoin or be joined in such proceeding by the commissioner or any party.\\n 4. Whenever a school district scheduled for reorganization fails to\\ninstitute such proceeding hereunder within two years subsequent to the\\nfiling of an established plan of reorganization by the commissioner\\npursuant to paragraph two herein, the state plan of reorganization in\\nexistence at that time shall be final and binding upon all districts\\naffected thereby. After such two year period, such district may petition\\nthe commissioner for a change in such final and binding plan upon an\\nadditional showing that material changes have occurred since such two\\nyear period. No proceeding shall again be brought until two years have\\nelapsed since a final determination hereunder.\\n 5. Nothing herein contained shall delay, or interfere with, the\\nexercise of the powers of the commissioner of education vested in him by\\narticles thirty-seven or forty or sections fifteen hundred twenty-four,\\nfifteen hundred twenty-five or fifteen hundred twenty-six of the\\neducation law.\\n 6. Whenever any school district scheduled for reorganization pursuant\\nto the state plan of reorganization as herein established has not\\nconsolidated or reorganized in accordance therewith within two years\\nafter the entry of an order pursuant to subdivision two herein\\nestablishing such final plan of reorganization for the affected district\\nor districts, or has failed within such time after receipt of such\\nnotice to institute a proceeding for a change in accordance with this\\nsection, or is unable to show that such district has adopted a\\nresolution or resolutions in accordance with sections eighteen hundred\\none through eighteen hundred three, fifteen hundred ten through fifteen\\nhundred thirteen, fifteen hundred twenty-two and fifteen hundred\\ntwenty-three, fifteen hundred twenty-four or fifteen hundred twenty-six\\nof this chapter in favor of such reorganization or that in the case of\\nan order of dissolution and annexation, such district has not asked for\\na referendum pursuant to subdivision two of section eighteen hundred\\ntwo, and is being prevented from reorganizing by the action of another\\ndistrict which is part of the same plan of reorganization, commencing\\nwith the school year following the school year in which the two-year\\nperiod expired, such school district shall not be eligible to receive\\nany building aid exceeding the building aid which such district would be\\nentitled to receive in accordance with the applicable provisions of the\\neducation law in existence on July first, nineteen hundred sixty-five\\nuntil such reorganization shall take place, except for such additional\\namounts as may be computed as due on debt service already incurred;\\nprovided, however, that nothing contained in this subdivision shall\\nprevent the apportionment of building aid for construction,\\nreconstruction, alterations of or additions to school building\\nfacilities for the use of grades kindergarten through eight, provided\\nthe commissioner shall find that (1) existing facilities are obsolete or\\ninadequate and (2) that the construction for which aid is sought would\\nbe capable of substantial educational use by the reorganized district in\\nthe event that the reorganization under the existing plan for\\nreorganization is effected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "315", "title" : "School district names", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "315", "activeDate" : "2014-09-22", "sequenceNo" : 200, "repealedDate" : null, "fromSection" : "315", "toSection" : "315", "text" : " § 315. School district names. Each school district, other than a city\\nschool district, shall, in accordance with the commissioner's\\nregulations, adopt a simplified name as the legal name of the district.\\nSuch name shall be submitted to the commissioner for prior approval and\\nwhen such name shall be adopted it shall be filed with the commissioner.\\nThe name of a central school district established or reorganized by an\\norder of the commissioner pursuant to section eighteen hundred one of\\nthis chapter may be changed by the board of education of such district,\\nwith the prior approval of the commissioner, upon a written request by\\nthe board of education filed with the commissioner not later than\\nfourteen days prior to the date of the establishment or reorganization\\nof the district and in accordance with the regulations of the\\ncommissioner. The education department shall issue, on request,\\ncertificates certifying the name of the district and the names of the\\ntowns and counties in which the territory of the district is located, or\\nin the case of school districts other than city school districts, which\\nare wholly or partly located within a city, the names of the city, towns\\nand counties in which the territory of the district is located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "316", "title" : "Teacher resource and computer training centers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "316", "activeDate" : "2014-09-22", "sequenceNo" : 201, "repealedDate" : null, "fromSection" : "316", "toSection" : "316", "text" : " § 316. Teacher resource and computer training centers. 1. As used in\\nthis section, unless another meaning clearly appears from the context:\\n a. \"Teacher resource and computer training center\" means any site\\noperated by a school district, board of cooperative educational services\\nor a consortium of school districts and/or boards of cooperative\\neducational services which is specifically established pursuant to this\\nsection to provide professional support services to teachers within the\\nstate in order to:\\n (1) assist teachers, diagnose learning needs, experiment with the use\\nof multiple instructional approaches, assess student outcomes, assess\\nstaff development needs and plans, and train other school personnel in\\neffective pedagogical approaches;\\n (2) provide demonstration and training sites where teachers are\\ntrained, specifically in the use of computers as teaching aids; the\\ncriteria for school acquisition and use of computer equipment and\\nsoftware; and the evaluation of computer-related materials;\\n (3) develop and produce curricula and curricular materials designed to\\nmeet the educational needs of students being served through application\\nof educational research or new or improved methods, practices, and\\ntechniques;\\n (4) provide training to improve the skills of teachers in order to\\nenable such teachers to meet the special educational needs of the pupils\\nthey serve, and to familiarize such teachers with developments in\\ncurriculum formulation and educational research, including the manner in\\nwhich the research can be used to improve teaching skills;\\n (5) provide a location where teachers may share resources, ideas,\\nmethods and approaches directly related to classroom instruction and\\nbecome familiar with current teaching materials and products for use in\\ntheir classrooms; and\\n (6) retrain teachers and other educational personnel to become better\\nqualified to teach in subject areas necessary to prepare students for\\nthe developing high technology era, in the disciplines of mathematics,\\nscience and computer technology.\\n b. \"Site\" for the purposes of this section shall mean the location or\\nlocations where the curriculum development and training activities of\\nthe teacher resource and computer training center take place.\\n 2. In order to provide the school districts and teachers of the state\\nwith an opportunity to develop systematic, ongoing in-service training\\nprograms, assure the dissemination and application of educational\\nresearch developments to classroom instruction and develop new curricula\\nand curricular materials specifically designed to meet the educational\\nneeds of the students served, the commissioner shall, within available\\nstate appropriations and subject to the procedures established in this\\nsection, provide funds to school districts and boards of cooperative\\neducational services to plan, establish and operate teacher resource and\\ncomputer training centers. Any school district or board of cooperative\\neducational services requesting such funds shall make application\\ntherefor at such time, in such manner, and containing or accompanied by\\nsuch information as the commissioner may through this section or by\\nregulation require. Applications shall be made within the following\\ncategories:\\n (i) a school district with a teacher population of one thousand or\\nmore;\\n (ii) a school district with a teacher population of five hundred or\\nmore but less than one thousand;\\n (iii) a school district with a teacher population of less than five\\nhundred;\\n (iv) a board of cooperative educational services; or\\n (v) a consortium of two or more school districts and/or boards of\\ncooperative educational services.\\n 3. Each such application shall be reviewed by the state professional\\nstandards and practices board for teaching. The board shall in each\\ninstance recommend to the commissioner action, as appropriate, including\\nspecific reasons when it is negative. Any school district, board of\\ncooperative educational services or consortium whose original\\napplication is rejected may resubmit a revised application for further\\nreview. Notwithstanding any other provision to the contrary, an\\napplication to continue a teacher resource center which was in operation\\nprior to the nineteen hundred eighty-four--nineteen hundred eighty-five\\nschool year shall be deemed automatically approved.\\n 4. The commissioner shall establish criteria and standards by which\\napplications shall be evaluated which shall include provisions for\\nfurnishing technical assistance and information provided by the\\ndepartment through the facilities of the proposed teacher resource\\ncenter, provided, however, that such criteria and standards shall be\\nconsistent with federal regulations which were applicable to teacher\\nresource centers in operation during the nineteen hundred eighty-two\\ncalendar year.\\n 5. Any school district, board of cooperative educational services or\\nconsortium having an application approved under this section may\\ncollaborate, consult and contract with an approved institution of higher\\neducation in New York state to carry out activities under or provide\\ntechnical assistance in connection with such application. Each\\napplication shall be reviewed by the professional practices subcommittee\\nof the state professional standards and practices board for teaching.\\n 6. Each teacher resource and computer training center shall be\\noperated by a board, the majority of which shall be composed of\\nelementary and secondary school teachers representative of teachers\\nserved by the teacher resource and computer training center. Teacher\\nmembers shall be designated by the collective bargaining agent of the\\nteachers served by the teacher resource and computer training center.\\nSuch board shall also include individuals designated by the school board\\nor board of cooperative educational services served by such center and\\nat least one representative designated by the institutions of higher\\neducation located in the area served by such center. Such board shall\\nalso include at least one parent of an elementary or secondary school\\npupil and at least one representative of a business or industry that\\nuses, produces or is involved with computer equipment and software.\\n 7. The powers and duties of each teacher resource and computer\\ntraining center board shall include policy formulation, the employment\\nof staff or consultants, budget control and expenditure of funds to\\naccomplish the purposes of this section, recommendations for\\nsubcontracting to secure technical and other kinds of assistance, and\\nany other appropriate managerial or supervisory activities not otherwise\\nprohibited by state or local law or regulations of the commissioner.\\n 7-a. Notwithstanding any other provision of law, a teacher resource\\nand computer training center board may collaborate, consult and contract\\nwith a school district or board of cooperative educational services\\nwhich is included in the application for the establishment of such\\nteacher resource and computer training center for the assignment of\\nteachers employed by such school district or board of cooperative\\neducational services; provided, however, in such case such teacher shall\\ncontinue to accrue all employment rights and benefits, including\\nseniority, with the employing school district or board of cooperative\\neducational services and the teacher resource and computer training\\ncenter board shall reimburse such school district or board of\\ncooperative educational services for the services of such teacher.\\n 8. Funds provided each school year to school districts and boards of\\ncooperative educational services by the commissioner to plan, establish\\nand operate teacher resource and computer training centers shall not\\nexceed two million dollars per center, except that for the city school\\ndistrict for the city of New York such center shall not exceed sixteen\\nmillion eight hundred thousand dollars and provided further that each\\napproved center shall receive not less than twenty thousand dollars. In\\nany year in which there is a statewide increase in funding for teacher\\nresource and computer training centers, such increase shall be\\ndistributed proportionately among existing centers that have\\nsatisfactorily fulfilled the requirements of such centers' current\\ngrant. A portion of the increase shall be made available to new\\napplicants to establish new teacher centers, and to current teacher\\ncenters to develop and implement regional and statewide teacher center\\nactivities.\\n 9. Evaluation and annual reports. a. Teacher resource and computer\\ntraining centers shall provide data annually as prescribed by the\\ncommissioner.\\n b. The commissioner shall prepare and submit to the governor, the\\ntemporary president of the senate and the speaker of the assembly, not\\nlater than May first, nineteen hundred ninety-nine and by the first day\\nof January in each year thereafter, a report detailing the financial and\\nprogrammatic information for teacher resource and computer training\\ncenters. Such report shall, at a minimum, set forth with respect to the\\npreceding school year: cost information for individual services provided\\nby such centers; numbers of teachers and other staff served, summarized\\nin the aggregate, by elementary and secondary school levels, and by home\\nschool district; lists of programs and courses offered, including\\nidentification of those with credit toward college graduate degrees and\\nthose which relate to specific academic areas and higher learning\\nstandards; and aggregate expenditure data for the following categories:\\nadministration, staff development services, rent and other facilities\\ncosts, and other services; and such other information as deemed\\nappropriate by the commissioner to assist the commissioner in\\nidentifying cost-effective services and programs which may be\\nsuccessfully replicated in other centers, school districts and boards of\\ncooperative educational services (BOCES). The format for the report\\nshall be developed by the commissioner in consultation with school\\ndistrict officials, and teacher resource center officials, provided that\\nall information in such report shall be displayed on both a statewide\\nand individual center basis. Such report shall include changes from the\\nyear prior to the report year for each such item for all teacher\\nresource and computer training centers and shall be made available to\\nother interested parties upon request.\\n c. Funds provided under the teacher resource and computer training\\ncenters program may be used to contract with educational organizations\\nfor the purpose of conducting a statewide program evaluation. The\\nprofessional practices subcommittee of the professional standards and\\npractices board shall review and approve grant applications submitted\\nfor this purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "317", "title" : "General education development exam", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "317", "activeDate" : "2014-09-22", "sequenceNo" : 202, "repealedDate" : null, "fromSection" : "317", "toSection" : "317", "text" : " § 317. General education development exam. Notwithstanding any\\nprovision of law, no fee shall be established for admission to the\\ngeneral education development exam.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "318", "title" : "Distribution of surplus computers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "318", "activeDate" : "2014-09-22", "sequenceNo" : 203, "repealedDate" : null, "fromSection" : "318", "toSection" : "318", "text" : " § 318. Distribution of surplus computers. 1. General definitions. As\\nused in this section:\\n (a) \"Computer\" means a computer central processing unit (CPU) and,\\nwhere attached to a CPU, such computer cases, computer memory, cards and\\nother peripheral devices as may reasonably be viewed functionally as one\\nunit.\\n (b) \"Computer software\" means executable computer programs and related\\ndata files on computer-related media, including but not limited to\\nfloppy disks, hard disks, optical and magneto-optical computer data\\nstorage devices.\\n (c) \"Computer equipment\" means computers, computer memory, cards, and\\nassociated peripheral devices, including but not limited to floppy disk\\ndrives, hard disk drives, printers, modems, computer-related cables and\\nnetworking devices, scanners, computer monitors and computer software.\\n 2. The commissioner and the commissioner of general services shall,\\nwithin one hundred eighty days of the effective date of this section, in\\nconsultation with members of the computer industry, representatives of\\nschool boards associations, and teachers' organizations, develop\\nguidelines by which the monetary value of surplus computer equipment can\\nbe compared with its potential educational value, in order to assist the\\ncommissioner of general services to implement the provisions of section\\none hundred sixty-eight of the state finance law.\\n 3. The commissioner shall, within one hundred eighty days of the\\neffective date of this section, and with the advice and counsel of the\\noffice of general services:\\n (a) develop guidelines governing distribution of state owned surplus\\ncomputer equipment to learning institutions involved in the repair and\\nrestoration of such computer equipment; such guidelines shall identify\\ntechnical educational programs in the colleges and schools within the\\nstate with the capacity to repair and restore computer equipment and\\nwhich may use the repair of such equipment in the technological training\\nof their students;\\n (b) develop guidelines under which repaired and restored computer\\nequipment shall be equitably distributed, subject to the following\\nguidelines:\\n (i) distribution of state-owned surplus computer equipment shall be\\nprovided to public schools, the division for youth, public libraries,\\nand other public and private institutions for secular educational use,\\nand to not-for-profit institutions for use by individuals with\\ndisabilities, upon proof of need, and subordinate to the requirements of\\nthe public schools, the division for youth and libraries of New York\\nstate;\\n (ii) distribution of surplus computer equipment shall be based on\\ncompetitive proposals from schools, the division for youth, libraries,\\nand other public and private educational programs for secular\\neducational use, including not-for-profit institutions serving persons\\nwith disabilities, which shall demonstrate need and specific plans for\\nthe use of such equipment; and\\n (iii) the department shall assist applicants in preparing such\\nproposals.\\n 4. (a) The commissioner is hereby authorized to seek and to accept the\\ntransfer of title of surplus computer equipment of educational value\\nfrom agencies of the state and from the office of general services for\\nfurther distribution consistent with the purposes of this section and\\npursuant to the guidelines developed under subdivisions two and three of\\nthis section. Such distribution shall be performed by the office of\\ngeneral services upon the request of the commissioner. Any\\ntransportation costs for shipping such surplus equipment shall be borne\\nby the office of general services.\\n (b) The department shall periodically distribute copies of an\\ninventory of surplus computer equipment that is available for\\ndistribution contemplated by this section to educational institutions\\nunder its supervision and to such other institutions as the commissioner\\nshall have designated, and make it known that those institutions may\\nsubmit proposals to obtain such computer equipment. Upon a proposal\\nhaving been approved pursuant to this section, the office of general\\nservices shall deliver such computer equipment to the recipient pursuant\\nto paragraph (c) of this subdivision.\\n (c) The office of general services may charge reasonable fees to the\\nfinal recipients of such computer equipment for shipping and handling,\\nincluding costs associated with shipping such computer equipment to\\ninstitutions authorized pursuant to this section to repair or restore\\nsuch computer equipment, provided that such fees shall not exceed\\none-half the value of the computer equipment as determined pursuant to\\nsubdivision two of this section, provided that such fees are published,\\nupdated, and distributed with the inventories to the department, and\\nprovided that requests for proposals for such computer equipment contain\\na summary of accompanying fees. Nothing herein shall be construed to\\nprohibit such institutions involved in the repair and restoration of\\nsuch computer equipment from arranging for the shipping and handling of\\nsuch computer equipment to and/or from such institution on its own.\\n 5. The commissioner may accept any and all donations of money,\\nequipment, supplies, materials or services, from any person, firm,\\nassociation, foundation, or corporation, and may receive and utilize the\\nsame in fulfilling the purposes and provisions of this section. Any\\ndonation so accepted shall be reported in the report required by\\nsubdivision six of this section. Such report shall include the nature\\nand amount of the donation and the identity of each donor, except where\\nsuch donor has requested anonymity in writing.\\n 6. The commissioner shall:\\n (a) Keep inventory of computer equipment distributed under this\\nsection to educational facilities based on information provided to the\\ncommissioner by the office of general services; and\\n (b) In collaboration with the commissioner of general services, report\\nevery two years to the governor, the temporary president of the senate,\\nthe speaker of the assembly, the inspector general and the state\\ncomptroller. The initial report shall be submitted on the first of July,\\nnot more than two years after the date on which this section shall have\\nbecome law. The report shall include but not be limited to current\\ninventories of surplus computer equipment in the possession of the\\ndepartment and of the office of general services, inventories of surplus\\ncomputer equipment that have been distributed to educational\\ninstitutions, summaries of requests and deliveries to the various\\ninstitutions, the criteria used in determining which institutions\\nreceived what equipment, and recommendations for more effective means of\\ncarrying out their duties under this section.\\n 7. To promote the purposes of this section, the commissioner shall\\nexamine alternative methods for service, repair, and distribution of\\ncomputer equipment and may apply for and utilize such state and\\nfederally funded programs as may appear effective and consistent with\\nthe purposes of this section. Any grant or services accepted under this\\npart shall be reported in the biennial report required by subdivision\\nsix of this section. Such report shall include the nature, amount and\\nsource of each grant or services.\\n 8. Nothing in this section shall limit the authority of the\\ncommissioner or the commissioner of general services to establish\\nmechanisms by which donated or state-owned surplus property that is not\\ncomputer equipment, but has educational usefulness for enhancing\\ntechnological and scientific literacy that substantially exceeds its\\nmonetary value, may be provided to public and private institutions for\\neducational use.\\n 9. In developing and carrying out guidelines under this section, the\\ncommissioner of general services and the commissioner shall ensure that\\nsoftware will not be transferred pursuant hereto if such transfer would\\ncause a breach of a computer software license agreement or an\\ninfringement of a copyright.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 20 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A7-A", "title" : "Standardized Testing", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7-A", "activeDate" : "2014-09-22", "sequenceNo" : 204, "repealedDate" : null, "fromSection" : "340", "toSection" : "348", "text" : " ARTICLE 7-A\\n STANDARDIZED TESTING\\nSection 340. Definitions.\\n 341. Background reports.\\n 341-a. Standardized testing; reports.\\n 342. Disclosure of test contents.\\n 342-a. Special administrations.\\n 343. Notice.\\n 344. Disclosure of test scores.\\n 344-a. Pretest questions.\\n 344-b. Due process.\\n 344-c. Additional test subject rights.\\n 345. Regulations.\\n 346. Test subject review of computerized test.\\n 346-a. Advisory committee.\\n 347. Violations.\\n 348. Severability.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "340", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "340", "activeDate" : "2014-09-22", "sequenceNo" : 205, "repealedDate" : null, "fromSection" : "340", "toSection" : "340", "text" : " § 340. Definitions. As used in this article: 1. \"Standardized test\" or\\n\"test\" means any test that is given in New York at the expense of the\\ntest subject and designed for use and used in the process of selection\\nfor post-secondary or professional school admissions. Such tests shall\\ninclude, but are not limited to, the Preliminary Scholastic Aptitude\\nTest, Scholastic Aptitude Test, ACT Assessment, Graduate Record\\nExamination, Medical College Admission Test, Law School Admission Test,\\nDental Admission Testing Program, Graduate Management Admission Test,\\nMiller Analogies Test and the Test for Standard Written English. This\\narticle shall not apply to any state, federal, or local civil service\\ntest, any test used solely for placement, credit-by-examination or other\\nnonadmission purpose or any test developed and administered by an\\nindividual school or institution solely for its own purposes or any\\ntest, or portion of a test, designed to evaluate manual skills or other\\nphysical abilities.\\n 2. \"Commissioner\" means the commissioner of education of the state of\\nNew York.\\n 3. \"Test subject\" means an individual to whom a test is administered.\\n 4. \"Test agency\" means any organization, association, corporation,\\npartnership, or individual or person that develops, sponsors or\\nadministers a test.\\n 5. \"Part\" means each portion of a test for which a score is\\ncalculated.\\n 6. \"Test form\" means the test booklet or instrument used for each part\\nof each test.\\n 7. \"Pretest question\" means any question or group of questions on a\\ntest not used to calculate the reported scores of a test subject, nor\\nused to equate scores for that test.\\n 8. \"Test year\" means the twelve-month period commencing September\\nfirst during which the test agency administers a particular test.\\n 9. \"Computerized test\" means any test form administered to test\\nsubjects by means of a computer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "341", "title" : "Background reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "341", "activeDate" : "2014-09-22", "sequenceNo" : 206, "repealedDate" : null, "fromSection" : "341", "toSection" : "341", "text" : " § 341. Background reports. 1. Whenever any test agency prepares or\\ncauses to have prepared research which is used in any study, evaluation\\nor statistical report pertaining to a test operational after January\\nfirst, nineteen hundred eighty, such study, evaluation or report shall\\nbe filed with the commissioner. This section shall apply to any\\nunpublished study, evaluation or statistical report cited in memoranda\\nof support or opposition to legislation or proposed rules and\\nregulations relating to standardized testing written or published by\\nthe test agency or its employees in behalf of the test agency on or\\nafter July first, nineteen hundred ninety-three.\\n 2. If any reports or other documents submitted pursuant to this\\nsection contain information identifiable with any test subject or test\\nuser institution, such information shall be deleted prior to filing with\\nthe commissioner.\\n 3. All reports or other documents submitted pursuant to this section\\nshall be public records.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "341-A", "title" : "Standardized testing; reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "341-A", "activeDate" : "2014-09-22", "sequenceNo" : 207, "repealedDate" : null, "fromSection" : "341-A", "toSection" : "341-A", "text" : " § 341-a. Standardized testing; reports. 1. Definitions. As used in\\nthis section and section three hundred forty-six-a of this article, the\\nfollowing words and terms shall have the following meanings:\\n a. \"Test\" means a standardized test as defined in section three\\nhundred forty of this article; provided however, that the test of\\nEnglish as a foreign language shall not constitute a test for purposes\\nof this section;\\n b. \"Test subject\" means a test subject as defined in section three\\nhundred forty of this article.\\n 2. Not later than July first, nineteen hundred eighty-eight, and for\\none year thereafter, test agencies shall ask each test subject to report\\non the test answer sheet, test registration form, or other appropriate\\nmeans all of the following information:\\n a. The test subject's race or ethnicity, including the following\\ngroups: Black, White, American Indian, Asian, Hispanic or other;\\n b. The test subject's gender, expressed as male or female; and\\n c. The test subject's linguistic background, expressed as whether\\nEnglish was the dominant language of the test subject's household.\\n 3. The test agency shall advise all test subjects that they are not\\nrequired to provide the information requested under paragraphs a and c\\nof subdivision two of this section, that they will not be penalized if\\nthey do not provide the information, and that the information provided\\nwill be used exclusively for research, recruitment, talent\\nidentification and planning purposes.\\n 4. a. Not later than September first, nineteen hundred eighty-nine,\\nthe test agency shall prepare and file or cause to be filed with the\\ncommittee described in section three hundred forty-six-a of this article\\na report relating to each test administered and disclosed pursuant to\\nsection three hundred forty-two of this article by the test agency in\\nNew York between July first, nineteen hundred eighty-eight and July\\nfirst, nineteen hundred eighty-nine. Such report shall be subject to the\\nprovisions of subdivisions two and three of section three hundred\\nforty-one of this article.\\n b. Each such test report shall show by race or ethnicity, linguistic\\nbackground and gender, the mean-scaled scores of test subjects, the\\nstandard deviation of scaled scores, and the distribution of scaled\\nscores.\\n 5. a. Not later than September first, nineteen hundred eighty-nine,\\nthe test agency shall prepare and file or cause to be filed with the\\ncommittee an item report relating to each question used in calculating\\nthe subject's raw score on each test form administered and disclosed\\npursuant to section three hundred forty-two of this article in New York\\nbetween July first, nineteen hundred eighty-eight and July first,\\nnineteen hundred eighty-nine. Such report shall be subject to the\\nprovisions of subdivisions two and three of section three hundred\\nforty-one of this article.\\n b. Each such item report shall show for each question used in\\ncalculating the test subject's raw score, the item's content area\\nspecification, and where disclosed pursuant to section three hundred\\nforty-two of this article, information identifying the text of the item,\\nand the correct answer-rates and R-biserial correlations for all test\\nsubjects, combined and separately by race, ethnicity, gender or\\nlinguistic background as reported under subdivision two of this section.\\nSuch item report shall also calculate the correct answer rates and\\nR-biserial correlations comparing performance by gender and language\\ndominance, within race and ethnic subgroups, including language\\ndominance by the total gender group. Content area specification shall be\\nreported for each exam to indicate area of knowledge, skill or ability\\nthat an item purports to measure according to the examination's\\nmanufacturer or sponsoring agency. Correct answer-rates shall be\\ncalculated by dividing the number of correct answers for a question used\\nin calculating the subject's raw score on all test forms administered\\nand disclosed pursuant to section three hundred forty-two of this\\narticle between July first, nineteen hundred eighty-eight and July\\nfirst, nineteen hundred eighty-nine by the number of test subjects to\\nwhom those test forms were administered. R-biserial correlations shall\\nbe calculated by correlating performance on a question used in\\ncalculating the subject's raw score on each test form administered\\nbetween July first, nineteen hundred eighty-eight and July first,\\nnineteen hundred eighty-nine with performance on the tests as shown by\\ntotal scores.\\n c. The test agency shall not be required to include in such test and\\nitem reports under this subdivision and subdivision four of this section\\ninformation for any group comprising fewer than one hundred test\\nsubjects.\\n d. The test report will also include data showing measures of\\ndifferential item functioning on individual questions that take into\\naccount differences in overall test performance. Data will be provided\\nfor test items which contribute to the candidate scores and for which\\ndifferential item data are available. Differential item functioning data\\nshall be reported for comparative purposes between the following pairs\\nof groups: (Black-White), (Hispanic-White), (American Indian-White),\\n(Asian-White), (Other-White) and (Male-Female). Documentation as to the\\nmethods by which these data have been calculated will accompany the\\ndata. Differential item functioning data shall not be required for pairs\\nof groups comprising fewer than four hundred test subjects in each\\ngroup.\\n e. The committee may request additional data, where already available\\nand published, from the test agencies to clarify the data previously\\nreported pursuant to this subdivision and subdivision four of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "342", "title" : "Disclosure of test contents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09" ], "docLevelId" : "342", "activeDate" : "2014-09-22", "sequenceNo" : 208, "repealedDate" : null, "fromSection" : "342", "toSection" : "342", "text" : " § 342. Disclosure of test contents. 1. Within thirty days after the\\nresults of any standardized test are released, the test agency shall\\nfile or cause to be filed with the commissioner:\\n a. a copy of all test questions used in calculating the test subject's\\nraw score;\\n b. the corresponding acceptable answers to those questions; and\\n c. all rules for converting raw scores into those scores reported to\\nthe test subject together with an explanation of such rules.\\n 2. Within ninety days after filing a standardized test pursuant to\\nsubdivision one of this section and for a period of not less than ninety\\ndays after the offer is made, the test agency shall provide to the test\\nsubject the opportunity to secure:\\n a. a copy of the test questions used to calculate the test subject's\\nraw score;\\n b. a copy of the test subject's answer sheet, or answer record where\\nthere is no answer sheet, together with a copy of the correct answer\\nsheet to the same test with questions used to calculate the test\\nsubject's raw score so marked; and\\n c. a statement of the raw score used to calculate the scores reported\\nto the test subject.\\n The agency may charge a nominal fee for providing such information,\\nnot to exceed the direct cost thereof. Notwithstanding any other\\nprovision in this section, a test agency shall permit a test subject to\\nelect in writing this opportunity both at the time the test subject\\nregisters to take a test and at the time the test agency reports test\\nscores to the test subject; provided, however, that the provisions of\\nthis paragraph shall not apply where either the materials described in\\nparagraph (a) or (b) of this subdivision are provided during the test\\nadministration. The form permitting such election shall describe the\\nopportunity offered pursuant to this subdivision in clear and plain\\nEnglish and shall be part of and included in the test registration form\\nand in a form provided to the test subject at the time test scores are\\nreported to the test subject.\\n 3. a. Notwithstanding subdivisions one and two of this section, a test\\nagency may withhold from disclosure any test forms administered in New\\nYork in any given test program to not more than five percent of the\\nanticipated test subjects annually or to not more than five thousand\\ntest subjects annually, whichever is less.\\n b. Prior to the beginning of a test agency's testing year, the test\\nagency shall designate the dates upon which test forms to be filed with\\nthe commissioner will be used. The test agency shall inform potential\\ntest subjects of these dates.\\n 4. Within three years after the administration in New York of a\\nstandardized test form not required to be disclosed under subdivision\\nthree of this section the test agency shall file the test form and the\\ncorresponding acceptable answers with the commissioner.\\n 5. Subdivisions one, two, three, and four of this section shall not\\napply to the GRE Advanced Tests. With respect to such tests, the test\\nagency shall file with the commissioner the following:\\n a. a copy of all test questions used in calculating the test subject's\\nraw score from one test form administered during the period set forth\\nbelow;\\n b. the corresponding acceptable answers; and\\n c. all rules for converting raw scores into those scores reported to\\nthe test subject together with an explanation of such rules, in\\naccordance with the following schedule:\\n (1) once every three years for such test administered to forty\\nthousand or more test subjects in New York annually, and\\n (2) once every five years for such tests administered to five thousand\\nor less than forty thousand test subjects in New York annually, and\\n (3) once every eight years for such tests administered to fewer than\\nfive thousand test subjects in New York annually.\\n 5-a. Subdivisions one, two, three, four, five and six of this section\\nshall not apply to the Medical College Admission Test. With respect to\\nthat test, the test agency shall file with the commissioner once every\\nfour years the following:\\n a. a copy of all test questions used in calculating the test subject's\\nraw score from one test form administered during the previous four-year\\nperiod;\\n b. the corresponding acceptable answers; and\\n c. all rules for converting raw scores into those scores reported to\\nthe test subject together with an explanation of such rules.\\n 5-b. Subdivisions one, two, three, four, five, five-a and six of this\\nsection shall not apply to the SAT II: Subject Tests. With respect to\\nsuch tests, the test agency shall maintain on file with the commissioner\\na complete sample test, reflecting tests currently in use, of each type\\nof SAT II: Subject Test to be administered in New York and provide to\\nthe test subject the opportunity to secure a copy of a representative\\ncomplete sample test of a Subject Test. Whenever a new Subject Test is\\nadded the test agency shall file and publish updated information\\nconsisting of descriptions and sample items prior to the administration\\nof any such test in New York. Whenever a substantial change is made in\\nany subject, the test agency shall file and publish updated information\\nconsisting of complete sample tests prior to the administration of any\\nsuch test in New York.\\n 6. Notwithstanding other provisions of this section, if a test agency\\nhas administered a standardized test to less than two thousand test\\nsubjects in New York annually, the test agency shall file with the\\ncommissioner at least once every three years:\\n a. a copy of all test questions used in calculating the test subject's\\nraw score from one test form administered during that three year period;\\n b. the corresponding acceptable answers with the commissioner; and\\n c. all rules for converting raw scores into those scores reported to\\nthe test subject together with an explanation of such rules.\\n 7. Documents submitted to the commissioner pursuant to this section\\nshall be public records and, in collecting this material, the State\\nEducation Department shall be considered an archive under Title 17 § 108\\nU.S.C.\\n 8. a. Within sixty days of the receipt of correspondence from a test\\nsubject, their representative, or a user institution challenging or\\nquestioning the keying, scoring, wording, or any aspect of a test\\nquestion or questions used to calculate test subjects' raw scores for\\nstandardized tests filed with the commissioner pursuant to subdivision\\none of this section, the test agency shall place such correspondence in\\na separately maintained file. Such filed correspondence must contain no\\ninformation identifiable with any individual or user institution unless\\nauthorized by that individual or institution.\\n b. Within thirty days of the test agency's sending out a response to\\nthe test subject, their representative or the user institution, the test\\nagency shall place on file a copy of any of the test agency's written\\nresponses to such correspondence clarifying, explaining or defending the\\ntest question or questions. Such filed responses must contain no\\ninformation identifiable with any individual or user institution unless\\nauthorized by that individual or institution.\\n c. Test subjects and any other individual shall be able to gain access\\nto such file by submitting a written request to the test agency. Test\\nagencies shall make copies of any of the requested contents of the file.\\nTest agencies may charge nominal fees to provide copies of any of the\\ncontents of the file upon request. Such fees may not exceed the direct\\ncosts of administering and maintaining such files and photocopying\\nrequested materials.\\n 9. Each test agency shall report the following information to the\\ncommissioner annually:\\n a. the dates of each test administered by the test agency during the\\ntesting year;\\n b. the total number of test subjects who took the test at each\\nadministration;\\n c. the total amount of fees received from test subjects by the test\\nagency for the test for that testing year; and\\n d. those expenses which are directly attributable to the test and\\nthose expenses which are indirectly attributable to the test. The test\\nagency shall also list expenses indirectly attributable to all\\nactivities of the test agency, including expenses not identifiable as\\nattributable to a test.\\n 10. a. Except as provided in paragraphs b, c, d and e of this\\nsubdivision, subdivisions one and two of this section shall not apply to\\nany test agency which discloses test forms administered to at least\\ntwo-thirds of the test subjects in a test year, based on the number of\\nadministrations in the most recent test year.\\n b. Subdivisions one, two, three, four and six of this section shall\\nnot apply to the SAT I: Reasoning Test during the nineteen hundred\\nninety-six--ninety-seven test year or any subsequent test year so long\\nas the College Entrance Examination Board discloses in each such testing\\nyear:\\n (i) four test forms used to administer the SAT I: Reasoning Test in\\nNew York, or\\n (ii) if fewer than four regular SAT I: Reasoning Test administrations\\nare offered in New York during a test year, the same number of SAT I:\\nReasoning Test forms as regular SAT I: Reasoning Test administrations in\\nNew York in that test year.\\n c. Subdivisions one, two, three, four, and six of this section shall\\nnot apply to the Graduate Record Examination (\"GRE\") General Test during\\nthe nineteen hundred ninety-six--ninety-seven test year so long as the\\nGraduate Record Examinations Board discloses in that test year the\\ngreater of:\\n (i) one GRE General Test form administered in New York, or\\n (ii) one-half the number of GRE General Test forms administered in New\\nYork in that test year.\\n d. Subdivisions one, two, three, four, and six of this section shall\\nnot apply to the GRE General Test during the nineteen hundred\\nninety-seven--ninety-eight test year or any subsequent test year, so\\nlong as the Graduate Record Examinations Board discloses in each such\\ntest year one-half of the number of GRE General Test forms administered\\nin regular administrations in New York in that test year if it offers at\\nleast two regular administrations of that test in New York in that test\\nyear.\\n e. Subdivisions one, two, three, four, and six of this section shall\\nnot apply to the Test of English as a Foreign Language (\"TOEFL\") during\\nthe nineteen hundred ninety-six--ninety-seven test year or any\\nsubsequent test year so long as the TOEFL Policy Council discloses in\\neach such test year:\\n (i) five test forms used to administer the TOEFL in New York, or\\n (ii) if fewer than five regular TOEFL administrations are offered in\\nNew York during a test year, the same number of TOEFL forms as such\\nregular administrations in New York during that test year.\\n f. Any test agency offering one or more nondisclosed administrations\\npursuant to this subdivision shall provide to test subjects, in a clear\\nand conspicuous manner in its registration materials, notice of which\\ntest administrations will or will not be disclosed.\\n g. For the purposes of this subdivision, a \"regular\" administration\\nmeans a regular Saturday major paper-and-pencil administration of the\\nSAT I or GRE General Test or a regular Friday major paper-and-pencil\\nadministration of the TOEFL. A \"regular\" administration does not include\\nany other administration (whether offered on a Friday or Saturday or\\notherwise), whether a makeup administration, an administration for\\nSaturday Sabbath observers, or other special-purpose administration, or\\nany individual administration.\\n 11. Notwithstanding subdivision one of this section, a test agency\\nwhich administered a computerized standardized test in test year\\nnineteen hundred ninety-four shall file with the commissioner:\\n a. no later than September first, nineteen hundred ninety-six the test\\nitem pool used for an operational test administered as of December\\nfirst, nineteen hundred ninety-four, and the corresponding acceptable\\nanswers.\\n b. no later than September first, nineteen hundred ninety-seven that\\nportion of the test item pool used for an operational test administered\\nduring the nineteen hundred ninety-six test year equivalent to one\\npaper-and-pencil test form, and the corresponding acceptable answers.\\n c. no later than September first, nineteen hundred ninety-eight that\\nportion of the test item pool used for an operational test administered\\nduring the nineteen hundred ninety-seven test year equivalent to two\\npaper-and-pencil test forms, and the corresponding acceptable answers.\\n d. no later than September first, nineteen hundred ninety-nine that\\nportion of the test item pool used for an operational test administered\\nduring the nineteen hundred ninety-eight test year equivalent to six\\npaper-and-pencil test forms, and the corresponding acceptable answers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "342-A", "title" : "Special administrations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "342-A", "activeDate" : "2014-09-22", "sequenceNo" : 209, "repealedDate" : null, "fromSection" : "342-A", "toSection" : "342-A", "text" : " § 342-a. Special administrations. 1. When regular test\\nadministrations are given on days of religious observance which prevent\\nattendance by test subjects at such regular administrations special\\nadministrations shall be offered with the same frequency as regular\\nadministrations as soon after or before as is possible, at comparable\\ntimes, places and cost.\\n 2. Provided, however, a test agency shall not be required to offer a\\ngreater number of special administrations than were offered during the\\nbase year commencing August first, nineteen hundred seventy-eight and\\nending July thirty-first, nineteen hundred seventy-nine unless the\\nnumber of regular administrations is increased in any subsequent testing\\nyear, in which case the provisions of subdivision one shall apply.\\n 3. No test subject shall by reason of religious belief be denied by a\\ntest agency, the opportunity to take a test which shall be disclosed\\npursuant to subdivisions one and two of section three hundred forty-two\\nof this article during any twelve month period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "343", "title" : "Notice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "343", "activeDate" : "2014-09-22", "sequenceNo" : 210, "repealedDate" : null, "fromSection" : "343", "toSection" : "343", "text" : " § 343. Notice. 1. Each test agency shall provide, along with the\\nregistration form or score report for a test, the following information:\\n a. the purposes for which the test is constructed and is intended to\\nbe used;\\n b. statements designed to provide information for interpreting test\\nresults, including but not limited to, explanations of the test score\\nscale, the standard error of measurement of the test, and a list of\\navailable correlations between test scores and grades, successful\\ncompletion of a course of study and parental income; however, where a\\nrange of the correlations of such studies is given, a median correlation\\nmust also be provided;\\n c. how the test scores will be reported, whether the raw test scores\\nwill be converted in any way before being reported to the test subject\\nand whether and how the test agency will use the test score in raw or\\ntransformed form by itself or together with any other information about\\nthe test subject to predict in any way the subject's future academic\\nperformance for any post secondary educational institution;\\n d. a complete description of any promises or covenants that the test\\nagency makes to the test subject with regard to accuracy of scoring,\\ntimely forwarding of information, policies for notifying test subjects\\nregarding inaccuracies in scoring or score reporting, any procedures to\\nincrease fairness and equity with respect to race, ethnicity and\\nlinguistic background and gender for test subjects with regard to test\\nquestions and test forms, procedures for reviewing challenges by test\\nsubjects, their representatives or user institutions to the keying,\\nscoring, wording or any aspect of a test question or questions used to\\ncalculate test subjects' raw scores, and privacy of information relating\\nto the test subject;\\n e. whether or not the test scores are the property of the test\\nsubject, the time period during which the results will be retained by\\nthe test agency, and policies regarding storage, disposal and future use\\nof test score data; and\\n f. how the test subject may obtain the information required to be\\ndislcosed under section three hundred forty-two of this article.\\n g. how the test subject may obtain information required to be\\navailable under section three hundred forty-four-b of this article;\\n h. a clear, easily understood written description of each section of\\nthe test, including an indication of whether the test contains sections\\nof equating questions together with a statement of the purpose of such,\\nand an indication of whether the test contains sections of pretest\\nquestions together with a statement of the purpose of such;\\n i. a description of all services which will be provided at the\\nlocation of the test administration to accommodate handicapped or\\ndisabled test subjects;\\n j. a concise summary of test administration procedures which provides\\nessential information to the test subject about the conduct of the test\\nincluding the duties and responsibilities of the test proctor or\\nsupervisor and the actions a test subject may take in the event of any\\nproblems which may arise in the course of taking the test;\\n k. a statement of the test agency's recommendations as to how test\\nscores shall be used by an institution to which scores are reported,\\nincluding any recommendation regarding the importance that the\\ninstitution should give to such scores relative to other factors, such\\nas prior academic record, in making any decision affecting a test\\nsubject;\\n l. a description of how test subjects can receive additional\\ninformation from test sponsors about the appropriate use of test scores;\\n m. information which clearly describes the test subjects' rights\\nincluded in section three hundred forty-four-c of this article; and\\n n. information documenting procedures used by the test agency to\\ninsure that the test is fair to all test takers regardless of racial,\\nethnic, gender or regional background.\\n 2. Any institution which is a test score recipient shall be provided\\nwith the information specified in this section. The test agency shall\\nprovide such information prior to or coincident with the first reporting\\nof a test score or scores to a recipient institution. Such institution\\nshall be encouraged to provide interpretive processing by qualified\\npersonnel where such personnel are available.\\n 4. Each public postsecondary institution shall include in its catalog\\nor bulletin a statement whether applicants for undergraduate admission\\nare required to submit test scores. Such statement shall clearly state\\nhow test scores are used in the decision process, how multiple score\\nreports are treated, whether component scores are summed or averaged,\\nand how test scores are used in placement decisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "344", "title" : "Disclosure of test scores", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "344", "activeDate" : "2014-09-22", "sequenceNo" : 211, "repealedDate" : null, "fromSection" : "344", "toSection" : "344", "text" : " § 344. Disclosure of test scores. The score of any test subject shall\\nnot be released or disclosed by the test agency to any person,\\norganization, corporation, association, college, university, or\\ngovernmental agency or subdivision unless specifically authorized by the\\ntest subject. A test agency may, however, release all scores received\\nby a test subject on a test to anyone designated by the test subject to\\nreceive the current score.\\n This section shall not be construed to prohibit release of scores and\\nother information in the possession of a test agency for purposes of\\nresearch leading to studies and reports concerning the tests themselves.\\nSuch studies and reports must contain no information identifiable with\\nany individual test subject or user institution unless authorized by\\nthat individual or institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "344-A", "title" : "Pretest questions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "344-A", "activeDate" : "2014-09-22", "sequenceNo" : 212, "repealedDate" : null, "fromSection" : "344-A", "toSection" : "344-A", "text" : " § 344-a. Pretest questions. The test agency shall cooperate with a\\nstudy conducted under the auspices of the National Research Council of\\nthe effects of pretesting on test subjects' performance. The results of\\nsuch study shall be made available to the chair of the higher education\\ncommittee in the senate and the chair of the higher education committee\\nin the assembly.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "344-B", "title" : "Due process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "344-B", "activeDate" : "2014-09-22", "sequenceNo" : 213, "repealedDate" : null, "fromSection" : "344-B", "toSection" : "344-B", "text" : " § 344-b. Due process. Each test agency shall ensure due process\\nprotection of test subjects whose scores are being questioned for\\nsuspected inauthenticity or irregularity in test administration.\\n 1. When a test agency is presented with information which renders the\\ntest subject's test score suspect, whether that information is in the\\nform of allegations of collusion or cheating, or irregular test\\nadministration, or irregular statistical data, or any other form, the\\ntest agency is responsible for reviewing the information and determining\\nif withholding the test subject's score is warranted.\\n 2. If the test agency determines that withholding the test subject's\\nscore is warranted, the test agency shall give the test subject written\\nnotice of the test agency's decision. The notice shall be sent by\\nregistered mail not later than five working days after the test agency's\\ndecision.\\n 3. The notice to the test subject shall include all of the following:\\n (a) a complete summary of the information submitted to the test agency\\nand relied upon by the test agency to withhold the score;\\n (b) a complete summary of the pertinent facts surrounding the\\ninvestigation;\\n (c) a statement of the test subject's right to receive, upon request,\\ndetails supporting the complete summaries referred to in paragraphs (a)\\nand (b) of this subdivision;\\n (d) the policies and procedures that were followed by the test agency\\nin reviewing and rendering a decision to investigate the test score;\\n (e) the potential consequences which may result from the\\ninvestigation, such as withholding or invalidating the test score;\\n (f) a summary of the information that may be submitted to the test\\nagency by the test subject to support the authenticity of the test\\nscore; and\\n (g) a statement informing the test subject that the opportunity to\\nrespond to the notice will be afforded for not more than fifteen working\\ndays following the date the notice was delivered. No final decision on\\nthe question of suspected irregularity or inauthenticity shall be\\nrendered by the test agency until the test subject under investigation\\nhas responded, or the time for doing so has expired, whichever occurs\\nfirst.\\n 4. After the time period specified in paragraph (g) of subdivision\\nthree of this section has expired, the test agency shall review all of\\nthe evidence and shall make a good faith effort to render a decision\\nregarding the authenticity of the score, within fifteen working days and\\nnotify the test subject immediately. No test agency shall cancel or\\ninvalidate a test subject's test scores on the basis of an alleged\\nirregularity or inauthenticity unless, after all evidence has been\\nconsidered by the test agency, substantial evidence resulting from an\\ninvestigation conducted pursuant to this section supports the\\ncancellation or invalidation.\\n 5. When the test agency determines that substantial evidence exists to\\nsupport cancellation or invalidation of a test score, the test agency\\nshall provide the test subject with a choice of the following options:\\n (a) cancellation of the test scores in question, with full refund of\\nall test fees;\\n (b) an opportunity to take the test again privately and without\\ncharge; or\\n (c) an opportunity to seek arbitration or judicial review of the\\nmatter.\\n 6. The test subject shall have thirty days following receipt of the\\nnotice by registered mail to respond to the notice of inauthenticity or\\nirregularity.\\n 7. If the test subject responds to the notice of inauthenticity or\\nirregularity of test scores sent by the test agency within the time\\nperiod specified by subdivision six of this section, the test agency\\nshall review the contents of the response and comply with one of the\\nfollowing:\\n (a) If the test subject requests cancellation of the test scores, a\\nfull refund of all test fees will be provided within a reasonable\\nperiod.\\n (b) If the test subject requests an opportunity to take the test again\\nprivately and without charge, the test agency shall make appropriate\\naccommodations that are mutually agreed upon by the test agency and test\\nsubject so the test subject has sufficient time to prepare for the\\nretest. The retest shall be given in a reasonable and timely manner. If\\nthe score on the retest is higher, the higher score shall be reported.\\n (c) Nothing in this section precludes the parties from seeking\\nresolution of the testing problems by either judicial review or\\narbitration. The test agency and the test subject shall make a good\\nfaith effort to complete an arbitration process in no more than thirty\\ndays after the election of such option.\\n 8. The test agency shall not release confidential information to any\\nauthorized test score recipients regarding a test subject under pending\\ninvestigation, unless authorized to do so by the test subject.\\n 9. The test agency shall immediately release the test score to the\\ntest subject and the test score recipients, if any, where substantial\\nevidence does not exist to render the inauthenticity or irregularity of\\nthe test score.\\n 10. The procedures prescribed in this section do not apply to\\ninstances where the cancellation of all test scores results from the\\ncomplete disruption of the administration of the test, such as by\\nnatural disasters, national emergencies, inadequate or improper test\\nconditions, answer sheet printing errors, or testing agency errors.\\n 11. Time procedures described in this section shall not apply in those\\ninstances where test scores have already been reported to test score\\nrecipients.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "344-C", "title" : "Additional test subject rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "344-C", "activeDate" : "2014-09-22", "sequenceNo" : 214, "repealedDate" : null, "fromSection" : "344-C", "toSection" : "344-C", "text" : " § 344-c. Additional test subject rights. A test subject who must\\nretake a test because of an error by the test agency, may not be charged\\nfor taking the retest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "345", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "345", "activeDate" : "2014-09-22", "sequenceNo" : 215, "repealedDate" : null, "fromSection" : "345", "toSection" : "345", "text" : " § 345. Regulations. The commissioner shall promulgate regulations to\\nimplement the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "346", "title" : "Test subject review of computerized test", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "346", "activeDate" : "2014-09-22", "sequenceNo" : 216, "repealedDate" : null, "fromSection" : "346", "toSection" : "346", "text" : " § 346. Test subject review of computerized test. Beginning in the test\\nyear two thousand, a test agency which administered a computerized test\\nin test year nineteen hundred ninety-four shall offer test subjects who\\ntake a computerized test a process whereby test subjects are afforded\\nthe opportunity to review questions and answers from their computerized\\ntests. On or before July first, nineteen hundred ninety-eight, such test\\nagency shall submit to the commissioner a report detailing the\\nimplementation of such process. Such report shall set forth in clear\\nlanguage the nature of such opportunity, which shall also be sufficient\\nto meet the demands of such process. The commissioner shall review and\\ncomment upon the report no later than September first, nineteen hundred\\nninety-eight.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "346-A", "title" : "Advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "346-A", "activeDate" : "2014-09-22", "sequenceNo" : 217, "repealedDate" : null, "fromSection" : "346-A", "toSection" : "346-A", "text" : " § 346-a. Advisory committee. 1. There shall be created a temporary\\ncommittee to advise the legislature and make findings and\\nrecommendations with respect to the effect of standardized tests used in\\nthe process of post secondary admissions on test subjects of varying\\nracial, ethnic, linguistic background and gender and consider other\\npossible analytical methods to assure the fairness and equity of such\\ntests.\\n 2. The committee shall consist of ten members to be appointed as\\nfollows: three each shall be appointed by the temporary president of the\\nsenate and by the speaker of the assembly, and two each by the minority\\nleader of the senate and the minority leader of the assembly. At least\\none of the members appointed by each of the four legislative leaders\\nshall be an individual with expertise in measurement and standardized\\ntesting. Such committee shall be broadly representative of persons or\\ngroups residing in the state of New York interested in and affected by\\nstandardized admissions tests which may include, but is not limited to,\\ntest subjects, test agencies, representatives of consumers of\\nstandardized test, post-secondary administrators and faculty and\\nrepresentatives of civil rights organizations.\\n 3. The committee shall select a chairperson from its membership and\\nmay select professional staff, other than the data analysis researchers\\nor organizations described herein, who shall have expertise in\\nmeasurement and standardized testing to design and conduct the study.\\nThe committee shall prepare a design for the analysis of the data\\nrequired for collection pursuant to this section. The study design\\nshall be available upon request for comment for a period for thirty days\\nafter which time the committee shall select or solicit one or more\\nresearchers or organizations to do the data analysis. The analyses shall\\nexamine the differences in test performance between the subgroups\\nindicated in section three hundred forty-one-a of this article and\\nconsider the impact upon those differences of using alternative methods\\nof item selection. Such professional staff, researchers and\\norganizations shall not have any direct financial ties, within five\\nyears prior to the effective date of this section, to standardized\\ntesting, nor to any source that has by personal testimony promoted or\\nopposed regulation of standardized testing, or from any source which has\\nbeen engaged in litigation, within five years prior to the effective\\ndate of this section, against any entity engaged in the standardized\\ntesting industry. The committee shall meet at least two times annually\\nand shall expire on the first day of September, nineteen hundred\\nninety-one. The committee members shall receive no compensation for\\ntheir services, but shall be reimbursed for reasonable expenses actually\\nand necessarily incurred by them in the performance of their duties\\nunder this article.\\n 4. The committee may accept any state grants or appropriations, or as\\nagent of the state, any grant, including federal grants, or any gift for\\nany of the purposes of this article; provided however, that the\\ncommittee shall not accept any grant or gift, directly or indirectly,\\n(a) from the standardized testing industry or from any source currently\\nreceiving funds from the standardized testing industry, or (b) from any\\nsource that has promoted or opposed regulation of standardized testing\\nor from any source that has been engaged in litigation within five years\\nprior to the effective date of this section against any entity engaged\\nin the standardized testing industry or from any source currently\\nreceiving funds from any such sources. Any monies so received may be\\nexpended by the committee to effectuate any purpose of this article,\\nsubject to standard limitations as to approval of expenditures and\\naudit.\\n 5. The committee shall report its finding to the state legislature no\\nlater than the thirty-first of March, nineteen hundred ninety.\\n 6. The committee shall pursue the aforementioned research if adequate\\nfunds have been committed by the first day of July, nineteen hundred\\neighty-nine to further the purposes of this article. Prior to February\\nfirst, nineteen hundred eighty-nine, the committee shall notify the\\nchairs of the assembly ways and means and senate finance committees\\nregarding funds received for the purposes of this article and shall\\nsubmit a request for such appropriations as may be necessary to\\neffectuate the purposes of this section. If no such funds have been\\ncommitted, the committee shall dissolve.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "347", "title" : "Violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-09" ], "docLevelId" : "347", "activeDate" : "2014-09-22", "sequenceNo" : 218, "repealedDate" : null, "fromSection" : "347", "toSection" : "347", "text" : " § 347. Violations. Any test agency which violates any section of this\\narticle shall be liable for a civil penalty of not more than five\\nhundred dollars for each violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "348", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "348", "activeDate" : "2014-09-22", "sequenceNo" : 219, "repealedDate" : null, "fromSection" : "348", "toSection" : "348", "text" : " § 348. Severability. If any provision of this article shall be\\ndeclared unconstitutional or invalid, the other provisions shall remain\\nin effect notwithstanding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A8", "title" : "State University and State Financial Assistance For Higher Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-12-04", "2022-03-25" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 220, "repealedDate" : null, "fromSection" : "350", "toSection" : "365", "text" : " ARTICLE 8\\n STATE UNIVERSITY AND STATE FINANCIAL\\n ASSISTANCE FOR HIGHER EDUCATION\\nSection 350. Definitions.\\n 351. State university mission.\\n 352. State university of New York established.\\n 352-a. Maritime college; admissions program.\\n 353. State university trustees.\\n 354. Powers and duties of state university trustees-planning\\n functions.\\n 355. Powers and duties of trustees--administrative and fiscal\\n functions.\\n 355-a. Powers and duties of trustees--personnel functions.\\n 355-b. Investments in designated obligations; indemnifications.\\n 355-c. College opportunity to prepare for employment.\\n 356. Councils of state-operated institutions; powers and\\n duties.\\n 357. Statutory or contract colleges.\\n 358. State aid for certain higher educational institutions.\\n 359. Reports of the state university trustees.\\n 360. Powers to regulate traffic on university grounds.\\n 361. START-UP NY program leases.\\n 364. Separability.\\n 365. Construction.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "350", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-04-21", "2017-08-18", "2021-04-23", "2024-04-26", "2024-05-31" ], "docLevelId" : "350", "activeDate" : "2014-09-22", "sequenceNo" : 221, "repealedDate" : null, "fromSection" : "350", "toSection" : "350", "text" : " § 350. Definitions. As used in this article, unless the context shall\\notherwise require, the following terms shall mean:\\n 1. \"State university.\" The state university created by this article.\\n 2. \"Community colleges.\" Colleges established and operated pursuant to\\nthe provisions of article one hundred twenty-six, and providing two-year\\npost secondary programs in general and technical educational subjects\\nand receiving financial assistance from the state.\\n 3. \"Statutory or contract colleges.\" Colleges furnishing higher\\neducation, operated by independent institutions on behalf of the state\\npursuant to statute or contractual agreements; provided, that an\\ninstitution not otherwise a statutory or contract college shall not\\nbecome a statutory or contract college because of its receipt of state\\nfunds or financial assistance pursuant to section three hundred\\nfifty-eight hereof, or by entering into any contract pursuant to that\\nsection.\\n 4. \"State-operated institutions.\" Institutions comprising the state\\nuniversity as provided for in subdivision three of section three hundred\\nfifty-two hereof, but not including statutory or contract colleges.\\n 5. \"State university health care facility\" shall mean a hospital, as\\ndefined in section twenty-eight hundred one of the public health law,\\noperated by the state university, or a clinic, as defined in subdivision\\nsix of this section, of a state university health sciences center at\\nBrooklyn, Buffalo, Stony Brook and Syracuse, or the College of\\nOptometry.\\n 6. \"Clinic\" shall mean a facility located either within or outside of\\na state university health care facility providing services related to\\nthe medical education mission of the university, but shall not include\\nstate university student health services.\\n * 7. \"University centers\" shall mean the university centers at Albany,\\nBinghamton, Buffalo and Stony Brook.\\n * NB Repealed July 1, 2016\\n * 8. \"NY-SUNY 2020 challenge grant program\" (\"NY-SUNY 2020\") shall\\nmean a long-term economic and academic plan, which shall include a\\nfinancial aid program, submitted by each state university of New York\\nuniversity center, subject to the approval by the governor and the\\nchancellor of the state university of New York.\\n * NB Repealed July 1, 2016\\n 9. \"SUNY Challenge Grant Program\" shall mean a long-term economic and\\nacademic plan submitted by a college, university or community college as\\ndefined by this section, excluding university centers as defined by this\\nsection, subject to the approval by the Governor and the Chancellor of\\nthe State University of New York.\\n 10. \"Dormitory facilities revenue fund\" means the fund established\\npursuant to section sixteen hundred eighty-q of the public authorities\\nlaw.\\n 11. \"Dormitory facilities revenues\" means all moneys, including rents,\\nfees and charges, derived from the use or occupancy of dormitory\\nfacilities.\\n 12. \"Dormitory facility\" means a dormitory, as such term is defined in\\nparagraph (a) of subdivision two of section sixteen hundred seventy-six\\nof the public authorities law.\\n 13. \"Dormitory facility revenue bond\" means any note or bond of the\\ndormitory authority (i) issued on or after the first day of April, two\\nthousand thirteen for the purposes of financing dormitory facilities or\\nrefinancing notes or bonds previously issued in connection with\\ndormitory facilities, including notes or bonds issued to pay costs\\nincurred in connection with the issuance of such notes or bonds, to fund\\nany reserve for the payment of debt service on such bonds or notes, to\\nfund any reserve established for the improvement, repair, maintenance or\\noperations of dormitory facilities, or to pay or provide for the payment\\nof any note or bond previously issued for any such purpose, and (ii) is\\npayable from moneys on deposit in the dormitory facilities revenue fund\\nand is not payable from any revenue of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "351", "title" : "State university mission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "351", "activeDate" : "2014-09-22", "sequenceNo" : 222, "repealedDate" : null, "fromSection" : "351", "toSection" : "351", "text" : " § 351. State university mission. The mission of the state university\\nsystem shall be to provide to the people of New York educational\\nservices of the highest quality, with the broadest possible access,\\nfully representative of all segments of the population in a complete\\nrange of academic, professional and vocational postsecondary programs\\nincluding such additional activities in pursuit of these objectives as\\nare necessary or customary. These services and activities shall be\\noffered through a geographically distributed comprehensive system of\\ndiverse campuses which shall have differentiated and designated missions\\ndesigned to provide a comprehensive program of higher education, to meet\\nthe needs of both traditional and non-traditional students and to\\naddress local, regional and state needs and goals. In fulfilling this\\nmission, the state university shall exercise care to develop and\\nmaintain a balance of its human and physical resources that:\\n a. recognizes the fundamental role of its responsibilities in\\nundergraduate education and provides a full range of graduate and\\nprofessional education that reflects the opportunity for individual\\nchoice and the needs of society;\\n b. establishes tuition which most effectively promotes the\\nuniversity's access goals;\\n c. encourages and facilitates basic and applied research for the\\npurpose of the creation and dissemination of knowledge vital for\\ncontinued human, scientific, technological and economic advancement;\\n d. strengthens its educational and research programs in the health\\nsciences through the provision of high quality general comprehensive and\\nspecialty health care, broadly accessible at reasonable cost, in its\\nhospitals, clinics and related programs and through networks and joint\\nand cooperative relationships with other health care providers and\\ninstitutions, including those on a regional basis;\\n e. shares the expertise of the state university with the business,\\nagricultural, governmental, labor and nonprofit sectors of the state\\nthrough a program of public service for the purpose of enhancing the\\nwell-being of the people of the state of New York and in protecting our\\nenvironmental and marine resources;\\n e-1. encourage, support and participate through facility planning and\\nprojects, personnel policies and programs with local governments, school\\ndistricts, businesses and civic sectors of host communities regarding\\nthe health of local economies and quality of life;\\n f. promotes appropriate program articulation between its\\nstate-operated institutions and its community colleges as well as\\nencourages regional networks and cooperative relationships with other\\neducational and cultural institutions for the purpose of better\\nfulfilling its mission of education, research and service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "352", "title" : "State university of New York established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-04", "2021-01-29", "2021-06-04" ], "docLevelId" : "352", "activeDate" : "2014-09-22", "sequenceNo" : 223, "repealedDate" : null, "fromSection" : "352", "toSection" : "352", "text" : " § 352. State university of New York established. 1. There is hereby\\ncreated in the state education department and within the university of\\nthe state of New York as established under the board of regents a\\ncorporation to be known as the state university of New York which shall\\nbe responsible for the planning, supervision and administration of\\nfacilities and programs in accordance with the plan proposed by the\\nstate university trustees as approved by the regents pursuant to section\\ntwo hundred thirty-seven of this chapter. The state university shall\\nprovide for higher education supported in whole or in part with state\\nmoneys in accordance with the provisions of section three hundred\\nfifty-eight hereof, and shall perform such other duties as may be\\nentrusted to it by the provisions of this article and any other law.\\nSubject to the terms of any agreement to which it is a party, such\\ncorporation shall have the care, custody, control and management of the\\nlands, grounds, buildings, facilities and equipment used for the\\npurposes of the state-operated institutions of the state university, and\\nit shall have power to protect, preserve and improve the same.\\n 2. Whenever such corporation acquires, absorbs, merges or consolidates\\nwith or becomes the successor to any higher educational institution, all\\nthe right, title and interest in real property held by such predecessor\\ninstitution shall vest in and be held and enjoyed by the people of the\\nstate of New York and state university of New York shall thereupon be\\ndeemed to be vested with and become the successor to all right, title\\nand interest in any personal property, or any beneficial interest\\ntherein, or any other rights and powers possessed by such institution,\\nwhether derived by gift, grant, devise or bequest, in trust or\\notherwise.\\n 3. The state university shall consist of the four university centers\\nat Albany, Binghamton, Buffalo and Stony Brook, the designated colleges\\nof arts and sciences at Brockport, Buffalo, Cortland, Fredonia, Geneseo,\\nNew Paltz, Old Westbury, Oneonta, Oswego, Plattsburgh, Potsdam and\\nPurchase, empire state college, the agricultural and technical colleges\\nat Alfred, Canton, Cobleskill, Delhi, Farmingdale and Morrisville,\\ndownstate medical center, upstate medical center, the college of\\noptometry, the college of environmental science and forestry, maritime\\ncollege, the college of technology at Utica/Rome, the statutory or\\ncontract colleges at Cornell university and Alfred university, and such\\nadditional universities, colleges and other institutions, facilities and\\nresearch centers as have been or hereafter may be acquired, established,\\noperated or contracted to be operated for the state by the state\\nuniversity trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "352-A", "title" : "Maritime college; admissions program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12" ], "docLevelId" : "352-A", "activeDate" : "2014-09-22", "sequenceNo" : 224, "repealedDate" : null, "fromSection" : "352-A", "toSection" : "352-A", "text" : " § 352-a. Maritime college; admissions program. 1. There shall be\\ncreated an admissions program for the state university of New York\\nmaritime college as established pursuant to section three hundred\\nfifty-two of this article in which certain elected officials shall\\nnominate students for placement in such college's regimental/cadet\\ndegree system.\\n 2. (a) Maritime college shall have a total of two hundred eighty-four\\nvacancy positions set aside for applicants who are nominated by the\\ngovernor, a state senator or a member of the assembly. Such vacancy\\nnominations shall increase or decrease based upon the number of senate\\ndistricts authorized pursuant to article three of the New York state\\nconstitution. An applicant who receives such a nomination, is accepted\\nfor admission into the college and participates in the regimental\\nprogram shall receive a tuition scholarship equal to the amount of the\\nstate tuition charge after the deduction of any available grant aid for\\nthe four consecutive years following his or her admission into the\\nprogram provided, however, that the student remains in the\\nregimental/cadet degree program and remains at all times in good\\nacademic standing as determined by the maritime college administration.\\nIn no event shall a student lose his or her scholarship based upon\\nlegislative reapportionment or changes in legislative composition or\\nmembership. Nothing herein shall be construed to limit or reduce the\\nnumber of vacancies available to the general population.\\n (b) To be eligible to receive such nomination and tuition scholarship,\\nthe applicant must be a resident of the state. For purposes of this\\nsection, a state resident shall be defined as a person who has resided\\nin the state of New York for a period of at least one year prior to the\\ntime of nomination, is a graduate or within one year of graduation from\\nan approved high school or has attained a New York state high school\\nequivalency diploma or its equivalent as determined by the commissioner.\\n 3. The vacancy nominations shall be distributed as follows: five for\\nthe governor, five for the majority leader of the senate, five for the\\nspeaker of the assembly, two for each state senator other than the\\nmajority leader of the senate and one for each member of the assembly\\nother than the speaker of the assembly. The governor and each member of\\nthe legislature shall provide one principal and three alternative\\nnominations for consideration for admission. Final admission decisions\\nshall remain with the college and within administrative procedures and\\ncriteria.\\n 4. The state university of New York shall provide annually by the\\nfirst day of July and upon request of the chairperson of the senate\\nhigher education committee or the chairperson of the assembly higher\\neducation committee a report detailing the total vacancies filled, the\\ntotal vacancies expected for the upcoming academic year, what vacancies\\neach elected official is expected to have pursuant to the provisions of\\nsubdivision three of this section and a summary of the previous year's\\ntotal student enrollment and participation in the program.\\n 5. The tuition scholarships authorized by this section shall be made\\navailable so long as funds are made available for such purposes.\\n 6. Any individual receiving a tuition scholarship pursuant to this\\nsection shall apply for all other available state, federal, or other\\neducational grant aid at the time of enrollment. Any grant aid or\\nfinancial assistance received shall be utilized to offset the cost of\\ntuition to the maximum extent possible, except that nothing shall\\nrequire that aid or assistance received which may be used towards costs\\nother than that of tuition shall be applied toward the cost of tuition.\\n 7. The state university of New York is hereby authorized to promulgate\\nany rules and regulations necessary for the implementation of the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "353", "title" : "State university trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "353", "activeDate" : "2014-09-22", "sequenceNo" : 225, "repealedDate" : null, "fromSection" : "353", "toSection" : "353", "text" : " § 353. State university trustees. 1. The state university shall be\\ngoverned, and all of its corporate powers exercised, by a board of\\ntrustees. Such board shall consist of eighteen members, fifteen of whom\\nshall be appointed by the governor with the advice and consent of the\\nsenate, one of whom shall be the president of the student assembly of\\nthe state university, ex-officio and voting, one of whom shall be the\\npresident of the university faculty senate, ex-officio and non-voting,\\nand one of whom shall be the president of the faculty council of\\ncommunity colleges, ex-officio and non-voting. Such ex-officio members\\nshall be subject to every provision of any general, special, or local\\nlaw, ordinance, charter, code, rule, or regulation applying to the\\nvoting members of such board with respect to the discharge of their\\nduties, including, but not limited to, those provisions setting forth\\ncodes of ethics, disclosure requirements, and prohibiting business and\\nprofessional activities. One member of the board shall be designated by\\nthe governor as chairperson and one as vice-chairperson. Of the members\\nfirst appointed, two shall be appointed for a term which shall expire on\\nJune thirtieth, nineteen hundred fifty-two; one for a term which shall\\nexpire on June thirtieth, nineteen hundred fifty-three; two for a term\\nwhich shall expire on June thirtieth, nineteen hundred fifty-four; one\\nfor a term which shall expire on June thirtieth, nineteen hundred\\nfifty-five; two for a term which shall expire on June thirtieth,\\nnineteen hundred fifty-six; one for a term which shall expire on June\\nthirtieth, nineteen hundred fifty-seven; two for a term which shall\\nexpire on June thirtieth, nineteen hundred fifty-eight; one for a term\\nwhich shall expire on June thirtieth, nineteen hundred fifty-nine; two\\nfor a term which shall expire on June thirtieth, nineteen hundred sixty;\\nand one for a term which shall expire on June thirtieth, nineteen\\nhundred sixty-one. Vacancies shall be filled for the unexpired term in\\nthe same manner as original appointments. The term of office of each\\ntrustee appointed on or after April first, nineteen hundred eighty-six\\nshall be seven years, except those of the student member and the faculty\\nmembers. Trustees shall receive no compensation for their services but\\nshall be reimbursed for their expenses actually and necessarily incurred\\nby them in the performance of their duties under this article.\\n 2. a. The board may provide for regular meetings, and the chairman, or\\nthe vice-chairman, or any eight members by petition, may at any time\\ncall a special meeting of the board of trustees and fix the time and\\nplace therefor; and at least seven days notice of every meeting shall be\\nmailed to the usual address of each trustee, unless such notice be\\nwaived by a majority of the board. Resolutions for the consideration of\\nthe board of trustees must be mailed to the usual address of each\\ntrustee no less than seven days prior to a meeting, unless the chair\\nshall make available in writing on the day of the meeting the facts\\nwhich necessitate an immediate vote. Eight trustees attending shall be a\\nquorum for the transaction of business and, unless a greater number is\\nrequired by the by-laws, the act of a majority of the members present at\\nany meeting shall be the act of the board. The board shall hold at least\\ntwo public hearings each year. One public hearing shall be held during\\nthe spring semester and one public hearing shall be held in the fall\\nsemester. The purpose of such hearings shall be to receive testimony and\\nstatements from concerned individuals about university issues. The board\\nshall fix the time, place, duration and format of each hearing. At least\\nthree members of the board shall attend each hearing. At least thirty\\ndays notice of the hearing shall be given by the chairman of the board\\nto all members of the board, to all presidents of state operated\\ncampuses, to the chair of faculty-senate bodies of state operated\\ncampuses, to all student government presidents of state operated\\ncampuses, to the certified or recognized employee organizations\\nrepresenting employees of the state university and to the media. Such\\nnotice shall contain the time and place of the public hearing.\\n b. The agenda for any such meeting of the board of trustees shall be\\nelectronically available on the state university of New York website\\nthree days prior to the meetings unless an executive committee meeting\\nhas been called in which an agenda must be available twenty-four hours\\nin advance, and shall be considered a public record. A summary of\\nresolutions and board actions for any such meeting of the board of\\ntrustees shall be electronically available on the state university of\\nNew York website no later than seven days after the meeting and shall be\\nconsidered a public record. The approved minutes, attendance, voting\\nrecord and either transcripts or video record for any such meeting must\\nbe posted no later than seven days following their approval by the board\\nor executive committee. Information posted on the state university of\\nNew York website regarding board of trustee meetings shall remain on the\\nsite as archived data for a minimum of ten years.\\n c. Any such meeting of the board of trustees shall be conducted in\\naccordance with article seven of the public officers law.\\n 3. The board shall appoint its own officers and staff, prescribe the\\nduties of such employees, and fix their compensation within the\\nappropriations prescribed therefor. Other than those positions included\\nin section one hundred sixty-nine of the executive law, the board shall\\nfix the compensation and benefits of employees in positions in the\\nprofessional service in the state university which are designated,\\nstipulated or excluded from negotiating units as managerial or\\nconfidential as defined pursuant to article fourteen of the civil\\nservice law.\\n 4. a. The board may elect an executive committee of not less than five\\nmembers, who, in intervals between meetings of the board may transact\\nsuch business of the state university as the board may from time to time\\nauthorize, except to grant degrees or to make removals from office. The\\nstudent member of the board shall be a member of such committee. A\\nmajority of the whole of the executive committee, but in any event not\\nless than four members, attending shall be a quorum for the transaction\\nof business and the act of a majority of the members of the executive\\ncommittee present at any meeting thereof shall be the act of such\\ncommittee.\\n b. The agenda for any meeting of any committee and subcommittee of the\\nboard of trustees shall be available electronically on the state\\nuniversity of New York website three days prior to the meeting unless an\\nexecutive committee meeting has been called, in which case an agenda\\nmust be available twenty-four hours in advance, and shall be considered\\na public record. A summary of resolutions and actions by the committee\\nor subcommittee for any such meeting shall be electronically available\\non the state university of New York website no later than seven days\\nafter the meeting and shall be considered a public record. The approved\\nminutes, attendance, voting record, and either transcripts or video\\nrecord, for any such meeting must be posted no later than seven days\\nfollowing the approval by the board, committee or subcommittee.\\nInformation posted on the state university of New York website regarding\\nsuch meetings shall remain on the site as archived data for a minimum of\\nten years.\\n c. Any such meeting of a committee or subcommittee of the board of\\ntrustees shall be conducted in accordance with article seven of the\\npublic officers law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "354", "title" : "Powers and duties of state university trustees-planning functions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "354", "activeDate" : "2014-09-22", "sequenceNo" : 226, "repealedDate" : null, "fromSection" : "354", "toSection" : "354", "text" : " § 354. Powers and duties of state university trustees-planning\\nfunctions. 1. The state university trustees shall, once every four\\nyears, formulate a long-range state university plan or general revision\\nthereof and make recommendations to the board of regents and the\\ngovernor for the organization, development, coordination and expansion\\nof the state university and for the establishment of community colleges\\nin areas suitable for and in need of such institutions, which plan and\\nrecommendations shall include the following:\\n a. plans for new curricula;\\n b. plans for new facilities;\\n c. plans for change in policies with respect to student admissions;\\n d. projected student enrollments; and\\n e. comments upon its relationship to other colleges and universities,\\npublic, independent and proprietary, within the state.\\n f. For informational purposes only, projection standards and overall\\nexpenditure projections of capital and operating costs. Prior to\\ntransmitting their long-range state university plan or general revision\\nthereof to the board of regents and the governor the state university\\ntrustees may, after giving due notice, conduct one or more hearings on\\nsuch plan.\\n 1-a. The state university trustees shall organize or cause to be\\norganized at a university or college of the state university an annual\\nconference on the role of the universities, colleges and other\\nfacilities on the local economies, social conditions and quality of life\\nof host cities, towns and villages. Such conference shall rotate amongst\\nthe individual universities and colleges and shall include but not be\\nlimited to:\\n a. a review of significant partnering between universities, colleges\\nand other institutions of the state university with their host\\ncommunities;\\n b. presentations utilizing the expertise of the state university on\\ntypes of projects, programs and administrative actions that could\\nsupport the state university's mission stated in subdivision e-1 of\\nsection three hundred fifty-one of this article; and\\n c. roundtable discussions between state university trustees, officers\\nand faculty with county, city, town and local officials, business and\\ncivic leaders relating to the purposes of the annual conference.\\n Each sponsoring university or college shall prepare and distribute a\\nreport on the annual conference.\\n 2. During the calendar year nineteen hundred sixty-four and each\\nfourth year thereafter the state university trustees shall transmit\\ntheir proposed plan or general revision thereof to the board of regents\\nand the governor on or before the first day of June in each such year.\\nSuch plan shall be reviewed by the board of regents and shall be subject\\nto approval by such board. As approved by the board of regents and\\nincorporated into the regents plan or general revision thereof for the\\ndevelopment of higher education in the state and, upon approval\\nthereafter by the governor, such plan shall guide and determine the\\ndevelopment of the state university and its community colleges until\\nsuch plan is modified or revised in the manner provided herein.\\n 3. By the first day of June in nineteen hundred seventy-four and every\\nfourth year thereafter, the state university trustees shall report in\\nwriting to the board of regents, to the governor and to the legislature\\non the progress made in carrying out their responsibilities under such\\nplan and their general recommendations with respect to public higher\\neducation, including recommendations as to modifications of such plan\\nwhich the trustees deem essential to meet the then current demands upon\\npublic higher education. The state university trustees may also at any\\nother time propose modifications which they then deem essential or\\ndesirable with respect to such plan. They may, after giving due notice,\\nconduct one or more hearings on such modifications and shall transmit\\ntheir recommendations therefor to the board of regents and the governor.\\nSuch modifications shall be subject to approval by the regents and\\nthereafter by the governor in the same manner as such plan or general\\nrevisions thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "355", "title" : "Powers and duties of trustees--administrative and fiscal functions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-04-24", "2015-11-27", "2015-12-18", "2016-04-08", "2016-07-01", "2017-04-21", "2017-08-18", "2019-04-19", "2019-05-03", "2019-07-05", "2019-07-19", "2020-04-17", "2021-01-01", "2021-03-26", "2021-04-23", "2021-05-07", "2021-11-12", "2021-11-19", "2022-02-04", "2022-04-15", "2022-07-08", "2022-12-16", "2023-01-06", "2023-03-10", "2023-05-12", "2023-10-27", "2024-04-26", "2024-05-31", "2024-11-29", "2025-11-28", "2025-12-12", "2026-03-13", "2026-06-05" ], "docLevelId" : "355", "activeDate" : "2014-09-22", "sequenceNo" : 227, "repealedDate" : null, "fromSection" : "355", "toSection" : "355", "text" : " § 355. Powers and duties of trustees--administrative and fiscal\\nfunctions. 1. Subject to the provisions of the plan or general revision\\nthereof proposed by the state university trustees as approved by the\\nregents pursuant to section two hundred thirty-seven of this chapter,\\nthe state university trustees shall be responsible for:\\n a. The over-all central administration, supervision and coordination\\nof state-operated institutions and the general supervision and\\ncoordination of the statutory or contract colleges in the state\\nuniversity.\\n b. The supervision and coordination of state-aided programs in\\ninstitutions providing higher education pursuant to the provisions of\\nsection three hundred fifty-eight hereof.\\n c. The approval of the establishment of community colleges and four\\nyear colleges authorized by article one hundred twenty-six of this\\nchapter, in conformance with the master plan; the provision of standards\\nand regulations covering the organization and operation of their\\nprograms, courses and curricula, financing arrangements, state financial\\nassistance, tuition charges and fees, and such other matters as may be\\ninvolved in the operation of such colleges.\\n d. The establishment of health and medical centers, four year liberal\\narts colleges, professional and graduate schools, research centers and\\nother facilities, as provided in this article.\\n e. The approval of the appointment of the head of each statutory or\\ncontract college and community college by the respective boards of\\ntrustees or other governing bodies of such institutions.\\n f. The promotion of and participation in inter-institutional\\narrangements among independent and public institutions of higher\\neducation and health care facilities and providers and other\\nhealth-related organizations on a geographical or topical basis to\\nencourage responsible and cost effective use of facilities and academic\\nand health care resources for the enhancement and enrichment of\\neducational experiences and opportunities and promoting high quality\\nhealth care services in support of the state university's educational\\nmission.\\n 2. The state university trustees are further authorized and empowered,\\nsubject to the provisions of the plan or general revisions thereof\\nproposed by the state university trustees as approved by the regents\\npursuant to section two hundred thirty-seven of this chapter:\\n * a. To take, hold and administer on behalf of the state university or\\nany institution therein, real and personal property or any interest\\ntherein and the income thereof either absolutely or in trust for any\\neducational or other purpose within the jurisdiction and corporate\\npurposes of the state university. The trustees may acquire property for\\nsuch purposes by purchase, appropriation or lease and by the acceptance\\nof gifts, grants, bequests and devises, and, within appropriations made\\ntherefor, may equip and furnish buildings and otherwise improve property\\nowned, used or occupied by the state university or any institution\\ntherein. The trustees may acquire property by the acceptance of\\nconditional gifts, grants, devises or bequests, the provisions of\\nsection eleven of the state finance law notwithstanding. Where real\\nproperty is to be acquired by purchase or appropriation, such\\nacquisition shall be in accordance with the provisions of section three\\nhundred seven of this chapter except that the powers and duties in said\\nsection mentioned to be performed by the commissioner shall be performed\\nby the state university trustees. The provisions of section three of the\\npublic lands law notwithstanding, the trustees may provide for the lease\\nof state-owned real property under the jurisdiction of the state\\nuniversity that is part of a tax-free NY area approved pursuant to\\narticle twenty-one of the economic development law, in such manner and\\nupon such terms as the trustees shall determine, provided such lease is\\nconsistent with the approved plan for such tax-free NY area.\\n * NB Effective until June 30, 2016\\n * a. To take, hold and administer on behalf of the state university or\\nany institution therein, real and personal property or any interest\\ntherein and the income thereof either absolutely or in trust for any\\neducational or other purpose within the jurisdiction and corporate\\npurposes of the state university. The trustees may acquire property for\\nsuch purposes by purchase, appropriation or lease and by the acceptance\\nof gifts, grants, bequests and devises, and, within appropriations made\\ntherefor, may equip and furnish buildings and otherwise improve property\\nowned, used or occupied by the state university or any institution\\ntherein. Where real property is to be acquired by purchase or\\nappropriation, such acquisition shall be in accordance with the\\nprovisions of section three hundred seven of this chapter except that\\nthe powers and duties in said section mentioned to be performed by the\\ncommissioner of education shall be performed by the state university\\ntrustees.\\n * NB Effective June 30, 2016\\n b. To make and establish and from time to time alter and amend such\\nrules and regulations, not inconsistent with law, for the government of\\nthe state university and the institutions therein.\\n c. To provide for the care, custody and management of the lands,\\ngrounds, structures, buildings, equipment and facilities of the state\\nuniversity and the institutions therein.\\n d. To visit and inspect the institutions in the state university, and\\nto distribute to or expend or administer for them such property and\\nfunds as the state may appropriate therefor, or as the state university\\ntrustees may hold in trust, or as may otherwise come into their\\npossession.\\n e. To merge any higher educational corporation into the state\\nuniversity with the approval of the governing body of such corporation\\nand statutory approval of the legislature. Any higher educational\\ncorporation is authorized and empowered to merge into the state\\nuniversity. Upon the approval of an agreement of merger by the board of\\nregents and subsequent statutory approval by the legislature, and the\\nfiling thereof with the regents, the merger shall be deemed complete and\\nall the right, title and interest in real property held by such merged\\nhigher educational corporation shall vest in and be held and enjoyed by\\nthe people of the state of New York and all the other estate, property,\\nrights, privileges and franchises of such merged higher educational\\ncorporation shall vest in and be held and enjoyed by the state\\nuniversity, as fully and entirely and without change or diminution as\\nthe same were before held and enjoyed by such merged corporation, and be\\nmanaged and controlled by the state university, but subject to all\\nliabilities and obligations of such merged corporation and the rights of\\nall creditors thereof; except that the state university shall not\\nthereby acquire power to engage in any activity or to exercise any\\nright, privilege or franchise of a kind which it could not otherwise\\nlawfully engage in or exercise. The state university shall cause a copy\\nof the agreement of merger, certified by the board of regents to be a\\ntrue and correct copy of the original filed in their office, to be filed\\nin the office of the secretary of state and in the office of the clerk\\nof the county in which the certificate of incorporation of the merged\\ncorporation was filed, in each case in which the certificate of\\nincorporation of the merged corporation was filed in the office of the\\nsecretary of state; and shall cause a like copy of the merger agreement\\nwith the certificate of the board of regents to be recorded in the\\noffice of the recording officer of each county in which is located any\\nreal property in or to which the merged corporation had any right, title\\nor interest at the time of the merger; and it shall be the duty of each\\nsuch recording officer to record such copy and certificate in his office\\nin the books used for the recording of deeds and to index the same\\nagainst the merged corporation as grantor and the people of the state of\\nNew York as grantees. Neither the secretary of state nor the county\\nclerk or the recording officer of any county shall be entitled to demand\\nor collect any fee for filing or recording any such copy of an agreement\\nof merger.\\n f. To grant all degrees, diplomas and certificates which heretofore\\nhave been granted or have been authorized to be granted upon the\\ncompletion of courses of study in any state-operated institution which\\nnow is or hereafter may be in the state university, prior to the\\nacquisition of such institution by the state university, and also such\\nother degrees as the regents may hereafter specifically authorize them\\nto grant. In testimony thereof the state university trustees may give\\nsuitable diplomas or certificates under the state university seal\\nincluding honorary degrees. Every diploma or certificate so granted\\nshall entitle the conferee to all privileges and immunities which by\\nusage or statute are allowed for similar diplomas or certificates of\\ncorresponding grade granted by any institution of learning.\\n g. To appoint the head of each state-operated institution in the state\\nuniversity upon the recommendation made to them by the council of such\\ninstitution in accordance with the rules and standards established by\\nthe state university trustees; or if such recommendation is not made or\\ndoes not comply with such rules and standards, then to make such\\nappointment as is by them deemed necessary; to prescribe the functions,\\npowers, and duties of the head of each such institution; and to appoint\\nor provide for the appointment of the members of the instructional and\\nadministrative staffs, and such other employees as may be necessary, at\\neach state-operated institution upon the recommendation of the head\\nthereof and prescribe or provide for the prescription of their duties.\\n h. To regulate the admission of students, prescribe the qualifications\\nfor their continued attendance, regulate tuition charges where no\\nprovision is otherwise made therefor by law, and regulate other fees and\\ncharges, curricula and all other matters pertaining to the operation and\\nadministration of each state-operated institution in the state\\nuniversity.\\n (1) Notwithstanding the provisions of any other general, special or\\nlocal law, rule or regulation, such regulations may permit persons sixty\\nyears of age or over to audit courses given therein without tuition,\\nexamination, grading or credit therefor upon a space available basis, as\\ndetermined by the president of each such institution, provided that such\\naudit attendance does not deny course attendance at a state-operated\\ninstitution by an individual who is otherwise qualified under the\\nregulations promulgated pursuant to this section.\\n (2) Such regulations shall also provide that upon request by a student\\nwho is an eligible veteran the payment of tuition and other fees and\\ncharges, less the amounts payable for such purposes from scholarships or\\nother financial assistance awarded said veteran pursuant to article\\nthirteen of this chapter, article one hundred thirty of this chapter or\\nany other state or federal aid program, shall be deferred in such\\namounts and until such times as the several payments of veterans'\\nbenefits under the Veterans' Readjustment Benefit Act of 1966, as\\namended, are received by the veteran, provided that the veteran has\\nfiled a claim for such benefits and presents to the state university\\nproof of eligibility, extent of entitlement to benefits and the need for\\ndeferral until the receipt of such benefits.\\n (3) (i) Such regulations shall further provide that the payment of\\ntuition and fees by any student in any state-operated institution of the\\nstate university who is a member or the spouse or the dependent of a\\nmember of the armed forces of the United States on full-time active duty\\nand stationed in this state, whether or not a resident of the state,\\nshall be paid at a rate or charge no greater than that imposed for\\nstudents thereat who are residents of this state.\\n (ii) Such regulations shall further provide that the payment of\\ntuition and fees by any student who is not a resident of New York state\\nshall be paid at a rate or charge no greater than that imposed for\\nstudents who are residents of the state if such student is enrolled in\\nan institution or educational unit of the state university and is\\nattending such institution or educational unit in accordance with the\\nfederal GI bills and in compliance with all applicable eligibility\\nrequirements thereof.\\n * (4) The trustees shall not impose a differential tuition charge\\nbased upon need or income. Except as hereinafter provided, all students\\nenrolled in programs leading to like degrees at state-operated\\ninstitutions of the state university shall be charged a uniform rate of\\ntuition except for differential tuition rates based on state residency.\\nProvided, however, that the trustees may authorize the presidents of the\\ncolleges of technology and the colleges of agriculture and technology to\\nset differing rates of tuition for each of the colleges for students\\nenrolled in degree-granting programs leading to an associate degree and\\nnon-degree granting programs so long as such tuition rate does not\\nexceed the tuition rate charged to students who are enrolled in like\\ndegree programs or degree-granting undergraduate programs leading to a\\nbaccalaureate degree at other state-operated institutions of the state\\nuniversity of New York. Except as otherwise authorized in this\\nsubparagraph, the trustees shall not adopt changes affecting tuition\\ncharges prior to the enactment of the annual budget, provided however\\nthat:\\n (i) Commencing with the two thousand eleven--two thousand twelve\\nacademic year and ending in the two thousand fifteen--two thousand\\nsixteen academic year the state university of New York board of trustees\\nshall be empowered to increase the resident undergraduate rate of\\ntuition by not more than three hundred dollars over the resident\\nundergraduate rate of tuition adopted by the board of trustees in the\\nprior academic year, provided however that if the annual resident\\nundergraduate rate of tuition would exceed five thousand dollars, then a\\ntuition credit for each eligible student, as determined and calculated\\nby the New York state higher education services corporation pursuant to\\nsection six hundred eighty-nine-a of this title, shall be applied toward\\nthe tuition charged for each semester, quarter or term of study. Tuition\\nfor each semester, quarter or term of study shall not be due for any\\nstudent eligible to receive such tuition credit until the tuition credit\\nis calculated and applied against the tuition charged for the\\ncorresponding semester, quarter or term.\\n (ii) On or before November thirtieth, two thousand eleven, the\\ntrustees shall approve and submit to the chairs of the assembly ways and\\nmeans committee and the senate finance committee and to the director of\\nthe budget a master tuition plan setting forth the tuition rates that\\nthe trustees propose for resident undergraduate students for the five\\nyear period commencing with the two thousand eleven--two thousand twelve\\nacademic year and ending in the two thousand fifteen-two thousand\\nsixteen academic year, and shall submit any proposed amendments to such\\nplan by November thirtieth of each subsequent year thereafter through\\nNovember thirtieth, two thousand fifteen, and provided further, that\\nwith the approval of the board of trustees, each university center may\\nincrease non-resident undergraduate tuition rates each year by not more\\nthan ten percent over the tuition rates of the prior academic year for a\\nfive year period commencing with the semester following the semester in\\nwhich the governor and the chancellor of the state university of New\\nYork approve the NY-SUNY 2020 proposal for such university center.\\n (iii) The state shall appropriate annually and make available general\\nfund operating support, including fringe benefits, for the state\\nuniversity in an amount not less than the amount appropriated and made\\navailable to the state university in state fiscal year two thousand\\neleven--two thousand twelve. Beginning in state fiscal year two thousand\\ntwelve-two thousand thirteen and thereafter, the state shall appropriate\\nand make available general fund operating support, including fringe\\nbenefits, for the state university in an amount not less than the amount\\nappropriated and made available in the prior state fiscal year;\\nprovided, however, that if the governor declares a fiscal emergency, and\\ncommunicates such emergency to the temporary president of the senate and\\nspeaker of the assembly, state support for operating expenses at the\\nstate university and city university may be reduced in a manner\\nproportionate to one another, and the aforementioned provisions shall\\nnot apply.\\n (iv) For the state university fiscal years commencing two thousand\\neleven--two thousand twelve and ending two thousand fifteen--two\\nthousand sixteen, each university center may set aside a portion of its\\ntuition revenues derived from tuition increases to provide increased\\nfinancial aid for New York state resident undergraduate students whose\\nnet taxable income is eighty thousand dollars or more subject to the\\napproval of a NY-SUNY 2020 proposal by the governor and the chancellor\\nof the state university of New York. Nothing in this paragraph shall be\\nconstrued as to authorize that students whose net taxable income is\\neighty thousand dollars or more are eligible for tuition assistance\\nprogram awards pursuant to section six hundred sixty-seven of this\\nchapter.\\n * NB Effective until July 1, 2016\\n * (4) The trustees shall not impose a differential tuition charge\\nbased upon need or income. All students enrolled in programs leading to\\nlike degrees at state-operated institutions of the state university\\nshall be charged a uniform rate of tuition except for differential\\ntuition rates based on state residency. Provided, however, that the\\ntrustees may authorize the presidents of the colleges of technology and\\nthe colleges of agriculture and technology to set differing rates of\\ntuition for each of the colleges for students enrolled in\\ndegree-granting programs leading to an associate degree and non-degree\\ngranting programs so long as such tuition rate does not exceed the\\ntuition rate charged to students who are enrolled in like degree\\nprograms or degree-granting undergraduate programs leading to a\\nbaccalaureate degree at other state-operated institutions of the state\\nuniversity of New York. The trustees shall not adopt changes affecting\\ntuition charges prior to the enactment of the annual budget.\\n * NB Effective July 1, 2016\\n (5) The trustees shall further provide standards for the granting of\\nadvanced standing to veterans applying for college admissions at the\\nstate university, who have successfully completed United States Armed\\nForces Institute or other comparable course work.\\n (6) Where an undergraduate state-operated institution of the state\\nuniversity is located adjacent to another institution of higher\\neducation and students of such undergraduate state operated institution\\nare, under arrangements made by the state university, taking a\\nsubstantial portion of their courses at such other institution, the\\nstate university trustees may permit the students of such undergraduate\\nstate-operated institution, subject to such conditions or limitations as\\nthey deem advisable, to participate in the extra-curricular activities\\nand utilize services of such other institution if those privileges are\\nextended by such other institution.\\n (7) In formulating the curriculum of each state-operated institution\\nin the state university for professional education in medicine there\\nshall be required and included in such curriculum and in the plans and\\nrecommendations of the state university trustees formulated and\\ntransmitted in pursuance of the provisions of section three hundred\\nfifty-four of this chapter, courses and facilities, which in the\\njudgment of the trustees shall be best suited to encourage and to\\nimplement the study and preparation, by students desiring the same, for\\nthe family practice of medicine. Such courses and facilities shall\\ninclude: the establishment and maintenance of a department of family\\npractice under the direction of a qualified family practitioner, courses\\nof study under the supervision of qualified family practitioners, a\\nfamily care program of study and clinical experience, a program of\\npreceptorships, and a program of internships or family practice\\nresidencies in the hospital or hospitals affiliated with such respective\\nschool.\\n (8) Such regulations shall further provide that the payment of tuition\\nand fees by any student who is not a resident of New York state, other\\nthan a non-immigrant alien within the meaning of paragraph (15) of\\nsubsection (a) of section 1101 of title 8 of the United States Code,\\nshall be paid at a rate or charge no greater than that imposed for\\nstudents who are residents of the state if such student:\\n (i) attended an approved New York high school for two or more years,\\ngraduated from an approved New York high school and applied for\\nattendance at an institution or educational unit of the state university\\nwithin five years of receiving a New York state high school diploma; or\\n (ii) attended an approved New York state program for general\\nequivalency diploma exam preparation, received a general equivalency\\ndiploma issued within New York state and applied for attendance at an\\ninstitution or educational unit of the state university within five\\nyears of receiving a general equivalency diploma issued within New York\\nstate; or\\n (iii) was enrolled in an institution or educational unit of the state\\nuniversity in the fall semester or quarter of the two thousand one--two\\nthousand two academic year and was authorized by such institution or\\neducational unit to pay tuition at the rate or charge imposed for\\nstudents who are residents of the state.\\n A student without lawful immigration status shall also be required to\\nfile an affidavit with such institution or educational unit stating that\\nthe student has filed an application to legalize his or her immigration\\nstatus, or will file such an application as soon as he or she is\\neligible to do so.\\n (9) The trustees shall review any proposed community college tuition\\nincrease and the justification for such increase. The justification\\nprovided by the community college for such increase shall include a\\ndetailed analysis of ongoing operating costs, capital, debt service\\nexpenditures, and all revenues.\\n i. To lease to alumni associations of institutions of the state\\nuniversity a portion of the grounds occupied by any institution of the\\nstate university, for the erection thereon of dormitories to be used by\\nstudents in attendance at such institutions. The terms of any lease and\\nthe character of the building to be erected shall be determined by the\\nstate university trustees. Such lease, prior to its execution, shall be\\nsubmitted to the attorney general for his approval as to its form,\\ncontents and legal effect. Nothing contained in this paragraph shall\\naffect the provisions of any lease heretofore executed by a board of\\nvisitors of any state-operated institution pursuant to law. The state\\nuniversity trustees may similarly enter into an agreement with an alumni\\nassociation of an institution of the state university to furnish heat\\nfrom a central heating plant to any dormitory erected by such alumni\\nassociation. Any such dormitory shall not be subject to taxation for any\\npurpose.\\n j. To enter into a boundary line agreement for, on behalf of, and in\\nthe name of the people of the state of New York whenever a mistake has\\nbeen made or an honest dispute exists as to the location of the division\\nline between land owned by the state, which is under the jurisdiction,\\ncare, custody or control of the state university trustees, and adjoining\\nland not owned by the state. Such an agreement shall fix and determine\\nthe division line between such lands, subject to the approval of the\\nattorney general as to form, content and manner of execution.\\n k. To enlist and accept the cooperation of municipal authorities in\\nobtaining the use of public buildings, lands, property and other\\nfacilities, or portions thereof, under the jurisdiction of such\\nmunicipal authorities, for the purposes of the state university. Such\\nappropriate municipal authorities are hereby authorized to permit the\\nuse of public buildings, lands, property and other facilities or\\nportions thereof under their jurisdiction for the purposes of the state\\nuniversity, with or without rental or other charges.\\n l. To appoint university police officers who shall have the powers of\\npolice officers and to remove such police officers at pleasure;\\nprovided, however, that any person appointed a police officer must have\\nsatisfactorily completed or complete within one year of the date of his\\nappointment a course of law enforcement training approved by the\\nmunicipal police training council in consultation with the university.\\nIt shall be the duty of such police officers to preserve law and order\\non the campuses and other property of the university, including any\\nportion of a public highway which crosses or abuts such property.\\n Subject to the approval of the chancellor, the president of each\\nstate-operated campus of the state university shall enter into a written\\nagreement with adjoining law enforcement agencies establishing protocols\\nfor the exercise of authority by such university police officer\\noff-campus, including mutual aid and assistance. Such written protocols\\nshall not be deemed to supersede the authority of other police officers.\\nThe provisions of this paragraph shall not apply to any of the state\\ninstitutions and property referred to in section five thousand seven\\nhundred nine of this chapter.\\n m. To name and rename any state-operated institution of the state\\nuniversity after consultation with its council.\\n n. To enter into a contract with the board of education of a city or\\nschool district in which a state-operated institution is located for the\\neducation by such college, for such period of time as may be agreed\\nupon, of all or part of the children of legal school age residing in\\nsuch city or school district. A board of education in such a city or\\nschool district is hereby authorized and empowered to enter into such\\ncontracts with the state university trustees, subject to the approval of\\nthe commissioner of education, and to perform all necessary acts to\\ncarry out the purposes of this paragraph.\\n o. To conduct or authorize the conduct of research and experiments at\\nstate-operated institutions of the state university in the field or,\\npursuant to agreements therefor, in industrial and commercial plants, in\\nconnection with the educational programs of the state university,\\nincluding projects involving the care, preservation, utilization and\\nmanagement of natural resources and the disposition of crops and other\\nproducts incidental thereto.\\n p. To perform such other acts as may be necessary or appropriate to\\ncarry out effectively the objects and purposes of the state university\\nas specified in this article.\\n q. To prepare and adopt, within the amounts appropriated therefor,\\nplans for land acquisition, state university development and expansion,\\nspace needs and uses and for the construction, acquisition,\\nreconstruction, rehabilitation and improvement of academic buildings,\\ndormitories and other facilities required or to be required for the\\nstate-operated institutions and the statutory or contract colleges, and\\nfor such planning functions to retain or employ private architects,\\nengineers and artists, or firms thereof, or other and different\\nconsultants for proposed projects and for the preparation of space\\nrequirements, cost estimates, preliminary plans, budgetary\\njustifications, and construction standards. During the selection of\\nprojects for such plans, the trustees shall, where applicable, give due\\nconsideration to projects that support improvements in environmental\\nprotection, energy and resource management, solar energy and\\nconservation with particular consideration given to a project's\\npotential to generate cost savings over time.\\n r. To cooperate with and assist the state university construction fund\\nin the construction, acquisition, reconstruction, rehabilitation and\\nimprovement of academic buildings, dormitories and other facilities\\npursuant to article eight-A of this chapter, and to approve the\\narchitectural concept of all such construction projects.\\n s. To lease or make available to the state university construction\\nfund, the dormitory authority or other public benefit corporation, the\\nNew York state teachers' retirement system, the New York state\\nemployees' retirement system, or a business that intends to locate in a\\ntax-free NY area approved pursuant to article twenty-one of the economic\\ndevelopment law, a portion of the grounds or real property occupied by a\\nstate-operated institution or statutory or contract college for the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof academic buildings, dormitories or other facilities thereon pursuant\\nto article eight-A of this chapter and for the purpose of facilitating\\nsuch construction, acquisition, reconstruction, rehabilitation or\\nimprovement, to enter into leases and agreements for the use of any such\\nacademic building, dormitory or other facility in accordance with the\\nprovisions of section three hundred seventy-eight of this chapter;\\nprovided, however, that nothing herein contained shall affect the\\nprovisions of any lease or agreement heretofore executed by the state\\nuniversity with the dormitory authority. The state university trustees\\nmay also enter into agreements with the state university construction\\nfund, the dormitory authority or other public benefit corporation, the\\nNew York state teachers' retirement system, the New York state\\nemployees' retirement system or any business that intends to locate in a\\ntax-free NY area approved pursuant to article twenty-one of the economic\\ndevelopment law, to furnish heat from a central heating plant to any\\nacademic building, dormitory or other facility erected by them or with\\nmoneys supplied by them. Any such academic building, dormitory or other\\nfacility shall not be subject to taxation for any purpose.\\n t. The trustees shall have the power to lease or make available to a\\nnot-for-profit corporation or political subdivision of the state, or the\\nstate, or the office for the aging, for the purposes set forth in\\nsection sixteen hundred seventy-seven of the public authorities law;\\npertaining to the use of dormitory authority facilities by the aged,\\nfacilities or portions thereof located on the grounds or real property\\noccupied by a state-operated institution or statutory or contract\\ncollege, which facilities are owned by or mortgaged to the dormitory\\nauthority. Such leases and agreements shall be upon such terms and\\nconditions as may be agreed upon between the parties thereto, provided\\nthat any such lease or agreement shall be subject to the approval of the\\ndormitory authority. Nothing herein contained shall affect the\\nprovisions of any lease or agreement heretofore executed by the state\\nuniversity with the dormitory authority, or any other agency.\\n u. To establish a water conservation program for academic buildings,\\ndormitories and other facilities of the state university. Such program\\nshall include a survey of water use and conservation in such buildings.\\n v. To cooperate with and assist the state university construction fund\\nin the construction of academic incubator facilities. \"Academic\\nincubator facilities\" as used in this chapter shall mean facilities\\nproviding low-cost space, technical assistance, support services and\\neducational opportunities, including but not limited to central services\\nshared by tenants of the facility, to new high technology companies in\\nthe formative stages of development through a partnership with the state\\nuniversity and shall be state university educational facilities under\\nsubdivision twenty-eight of section sixteen hundred seventy-six of the\\npublic authorities law. Academic incubator facilities shall promote job\\ncreation, entrepreneurship, technology transfer and provide support\\nservices to incubator tenants, including, but not limited to, business\\nplanning, management assistance, financial-packaging, linkages to\\nfinancing sources, and coordination with other sources of assistance.\\n w. When authorized by law, to cooperate with and assist the state\\nuniversity construction fund in the acquisition and development of sites\\nfor university-related economic development facilities as defined in\\nsection three hundred seventy-two-a of this title.\\n x. To enter into one or more agreements with the dormitory authority\\nto provide financial assistance on behalf of the state, as provided in\\nsubdivision eight of section six thousand three hundred four of this\\nchapter, to the local sponsors of community colleges for the design,\\nacquisition, construction, reconstruction, rehabilitation or improvement\\nof one or more facilities for locally sponsored community colleges\\nincluding the furnishing and equipping of such facilities pursuant to\\nsection six thousand three hundred four of this chapter. Each such\\nagreement shall provide for annual payments to the dormitory authority\\nfrom the state aid or other financial assistance provided to the local\\nsponsors of such community colleges and paid into the community college\\ntuition and instructional fund pursuant to paragraph (iii) of\\nsubdivision two of section ninety-seven-p of the state finance law, and\\nmay contain such other terms and conditions as may be agreed upon by the\\nparties thereto, including, but not limited to, provisions relating to\\nthe establishment of reserve funds and indemnities. Each such agreement\\nshall be subject to the approval of the director of the budget.\\n y. To better secure dormitory authority bonds issued in connection\\nwith dormitory facilities, including dormitory facility revenue bonds,\\nthe state university of New York is hereby authorized, in its own name,\\nto assign or otherwise transfer to the dormitory authority any or all of\\nthe state university's rights, title and interest in and to the\\ndormitory facility revenues, and to enter into agreements with the\\ndormitory authority pursuant to subdivision two of section sixteen\\nhundred eighty-q of the public authorities law in furtherance of such\\nassignment or transfer. Any assignment or transfer made pursuant to this\\nparagraph shall constitute a true sale and absolute transfer of the\\ndormitory facilities revenues. The characterization of such assignment\\nor transfer shall not be negated or adversely affected by the retention\\nby the state university of New York of any ownership interest in the\\ndormitory facilities revenues or of any residual right to payment of any\\ndormitory facility revenues remaining in the dormitory facilities\\nrevenue fund after the moneys therein have been applied in accordance\\nwith paragraph (b) of subdivision three of section sixteen hundred\\neighty-q of the public authorities law. All rights, title and interest\\nin and to any moneys paid to or upon the order of the state university\\nof New York pursuant to any agreement by and between the dormitory\\nauthority and the state university of New York entered into pursuant to\\nsubdivision two of section sixteen hundred eighty-q of the public\\nauthorities law or pursuant to any agreement entered into pursuant to\\nparagraph j of subdivision two of section sixteen hundred eighty of the\\npublic authorities law shall vest in the state university of New York\\nand be the absolute property of the state university of New York, and\\nthe dormitory authority shall no longer have any interest in such\\nmoneys.\\n z. In connection with business/university partnerships in support of\\nthe corporate purposes of the state university, to participate in joint\\nand cooperative arrangements with businesses that have located in a\\ntax-free NY area approved pursuant to article twenty-one of the economic\\ndevelopment law provided such arrangements are consistent with the\\napproved plan for such tax-free NY area.\\n 3. The state university trustees shall adopt and implement a patent\\npolicy for research conducted in university facilities which is\\nconsistent with the university's mission of education, scholarly\\nresearch and public service. Such policy shall be designed to encourage\\nresearch activities which produce new knowledge which is of benefit to\\nthe public and which may result in the development of new products and\\nprocesses which are likely to improve the quality of life and the\\nstandard of living of the people of the state, contribute to increased\\nproductivity and advance the public health, safety and welfare. Such\\npolicy shall also provide appropriate incentives for participation by\\nprivate sector business concerns in efforts to develop and utilize\\npatents orginated in conjunction with such research and to commercialize\\nnew products and processes based on the results of such research. The\\ntrustees, when it is deemed necessary to fulfill the objectives of this\\nsubdivision, shall adopt and implement appropriate modifications to such\\npolicy. The trustees shall include in the annual report required by\\nsection three hundred fifty-nine of this chapter an evaluation of the\\neffectiveness of the policy adopted pursuant to this subdivision\\ntogether with a synopsis of any changes in that policy adopted during\\nthe previous year.\\n 4. Notwithstanding the provisions of section forty-four, fifty, or\\nfifty-one of the state finance law or any other provision of law to the\\ncontrary, the state university trustees are authorized and empowered:\\n a. To review and coordinate the budget and appropriation requests of\\nall state-operated institutions and statutory or contract colleges and\\ncombine these requests with the fiscal requirements for institutions of\\nhigher education specified in section three hundred fifty-eight hereof\\ninto a university program budget for submission to the governor together\\nwith appropriate comments by the trustees of the independent\\ninstitutions operating statutory or contract colleges on behalf of the\\nstate regarding the portion of the program budget which relates to such\\ncolleges. Such submission shall be made pursuant to the provisions of\\nsection twenty-two of the state finance law.\\n b. To expend all lump sum or consolidated appropriations and other\\nappropriations made for the state university, including all moneys\\nderived from other sources in the course of the administration thereof.\\nWithin aggregate funds available for expenditure pursuant to section\\nforty-nine of the state finance law, the state comptroller shall draw\\nwarrants for the payment of all vouchers approved by the chancellor of\\nthe state university, as the chief administrative officer of the state\\nuniversity, or by such authority or authorities in the state university\\nas shall be designated by the chancellor by a rule or written direction\\nfiled with the state comptroller, when and in the manner authorized by\\nthe state university trustees. Such lump sum or consolidated\\nappropriations made for personal service, or for maintenance and\\noperation or for non-personal service, or maintenance undistributed\\nincluding personal service, other than appropriations from proprietary\\nor fiduciary funds, shall be available for payments for personal\\nservice, or maintenance and operation or for non-personal service, or\\nfor maintenance undistributed including personal service upon the filing\\nof a schedule of positions and salaries provided, however, that the\\nsalary of the chancellor shall be in accordance with section one hundred\\nsixty-nine of the executive law and that the portions of the salaries\\nfunded from state appropriations for the presidents and senior staff\\nshall not exceed that of the chancellor and the amounts to be available\\nfor other personal service classes of expenditure, and for the expenses\\nof maintenance and operation, or for non-personal service with the\\ndirector of the budget, chairman of the senate finance committee,\\nchairman of the assembly ways and means committee, and the state\\ncomptroller. Any such schedule may be amended and such amendment shall\\nbe filed with the officers named above. The state comptroller is\\nauthorized to pay any amounts required for the salaries and related\\nemployment benefits of state university employees from any\\nappropriations or other funds available therefor. In regard to the state\\nuniversity, the budget director shall exercise the authority granted\\nunder section forty-nine of the state finance law by establishing an\\naggregate amount available for expenditure for the state university from\\nthe aggregate appropriations made, by funding source, for the state\\nuniversity in the state operations appropriations act, rather than by\\nmaking the specific approvals and by filing the certificates of such\\napprovals authorized by section forty-nine of the state finance law. The\\nschedule of positions and salaries required to be filed by the budget\\ndirector pursuant to section forty-nine of the state finance law shall\\nbe replaced by the schedule of positions and salaries filed by the state\\nuniversity pursuant to this paragraph. If the director of the budget,\\npursuant to section forty-nine of the state finance law, shall establish\\nas available for expenditure an aggregate amount less than that\\ncontained in the appropriations made for the state university in the\\nstate operations appropriations act, the board of trustees shall within\\nthirty days of the action of the director of the budget file with the\\ncomptroller, with an informational copy to the budget director and to\\nthe chairs of the assembly ways and means and senate finance committees,\\na certificate allocating such lesser amount in no greater detail than\\nprovided for in the state operations appropriations act. In the event\\nthat the board has failed to file such certification within such thirty\\nday period, the budget director may issue a certificate of availability\\nfor the state university reflecting such amount in no greater detail\\nthan provided for in the state operations appropriations act.\\n c. To increase or decrease appropriations by transfer or interchange\\nas follows:\\n (1) Amounts appropriated for the programs or purposes or for any item\\nor items within such programs or purposes of any individual\\nstate-operated institution and the statutory or contract colleges of the\\nstate university, including state university central administration\\nwithin the schedules of such units or for any individual hospital within\\nthe schedule of hospitals of the state university from a particular fund\\nor funds in a fiscal year may be interchanged between such programs or\\npurposes of such unit or hospital of state university, or between items\\nwithin the same program or purpose, or with other items appropriated\\nfrom such fund not in the same program or purpose, but which are\\ncontained in the state comptroller's classification of items as last\\npromulgated pursuant to a certificate of allocation. Such certificate\\nshall be submitted by such units to the board of trustees of the state\\nuniversity. Such certificate shall be submitted by the board of trustees\\nto the state comptroller with copies to be sent to the chairs of the\\nsenate finance committee and the assembly ways and means committee and\\nthe director of the budget for informational purposes only. The total\\namount appropriated for any program or purpose may be decreased by not\\nmore than the aggregate of five percent of such appropriation for a\\nprogram or purpose with the approval of the units or hospitals or such\\namounts may be decreased by more than the aggregate of five percent of\\nsuch appropriation with the approval of the state university trustees.\\n (2) Amounts appropriated to state-operated institutions and statutory\\nor contract colleges within the schedule of such units or to hospitals\\nwithin the schedule of hospitals of the state university from a\\nparticular fund or funds in a fiscal year for the programs or purposes\\nof such units or hospitals of the state university may be transferred\\nbetween and among such units or hospitals pursuant to a certificate of\\nallocation, submitted directly by the state university to the state\\ncomptroller, with copies of such certificates to be sent to the chairs\\nof the senate finance committee and the assembly ways and means\\ncommittee and the director of the budget for informational purposes\\nonly. The total amount appropriated for any unit may not be decreased by\\nmore than the aggregate of three percent of an appropriation for a unit\\nor the aggregate of ten percent of an appropriation for a hospital.\\n (3) Amounts appropriated for programs or purposes, or for any item\\nwithin such programs or purposes, within the university-wide program\\nschedule of state university from a particular fund or funds in a fiscal\\nyear shall not be decreased by means of transfer or interchange by more\\nthan the aggregate of four percent of an appropriation for a program or\\npurpose within such schedule.\\n (4) Amounts appropriated for hospitals within the hospital schedule of\\nthe state university from a particular fund or funds in a fiscal year\\nfor programs or purposes of such hospitals shall not be increased or\\ndecreased by means of transfer or interchange from the amounts\\nappropriated to the state-operated institutions and the statutory or\\ncontract colleges, university-wide programs, or central administration\\nof the state university. The aggregate appropriation for the hospital\\nschedule shall not be increased or decreased by such transfers of\\nappropriations.\\n (5) Amounts appropriated for the central administration of the state\\nuniversity within the central administration schedule from a particular\\nfund or funds in a fiscal year for programs or purposes including, but\\nnot limited to, administration of state-operated institutions and\\nstatutory or contract colleges, university-wide programs, and hospitals\\nof the state university shall not be increased by means of transfer or\\ninterchange by more than five percent of the aggregate appropriation\\nwithin such schedule.\\n (6) Notwithstanding the foregoing provisions of this subdivision,\\nwhenever the director of the budget, pursuant to section forty-nine of\\nthe state finance law, shall establish an aggregate amount less than\\nthat contained in the state operations appropriations act, the trustees\\nmay transfer or interchange any or all of such lesser amount among any\\nof the programs or purposes or items without regard to the restrictions\\nprovided in this subdivision.\\n (7) On the fifteenth day of October, January, April and July of each\\nyear, the state university shall provide the chair of the senate finance\\ncommittee and the assembly ways and means committee, the state\\ncomptroller and the director of the budget with quarterly reports of all\\ntransfers or interchanges made by the state university pursuant to this\\nsection, with such reports to include the program impact of each\\ntransfer or interchange. The allocation of lump sum appropriations from\\na fund or funds made to the state university for later distribution to\\nstate operated institutions, statutory or contract colleges, hospitals\\nand/or central administration of the state university or the allocation\\nof lump sum appropriations made to all state departments and agencies\\nfor later allocation for specific programs or purposes or units of the\\nstate university shall not be deemed to be part of any total increase or\\ndecrease authorized by this section.\\n * 5. Notwithstanding the provisions of subdivision two of section one\\nhundred twelve and sections one hundred fifteen, one hundred sixty-one,\\nand one hundred sixty-three of the state finance law and sections three\\nand six of the New York state printing and public documents law or any\\nother law to the contrary, the state university trustees are authorized\\nand empowered to:\\n a. (i) purchase materials, proprietary electronic information\\nresources including but not limited to academic, professional, and\\nindustry journals, reference handbooks and manuals, research tracking\\ntools, indexes and abstracts, equipment and supplies, including computer\\nequipment and motor vehicles, (ii) execute contracts for construction\\nand construction-related services contracts, and (iii) contract for\\nprinting, without prior approval by any other state officer or agency,\\nbut subject to rules and regulations of the state comptroller not\\notherwise inconsistent with the provisions of this section and in\\naccordance with guidelines promulgated by the state university board of\\ntrustees after consultation with the state comptroller;\\n a-1. execute contracts for services to an amount not exceeding twenty\\nthousand dollars without prior approval by any other state officer or\\nagency, but subject to rules and regulations of the state comptroller\\nnot otherwise inconsistent with the provisions of this section and in\\naccordance with the guidelines promulgated by the state university board\\nof trustees after consultation with the state comptroller. In addition,\\nthe trustees, after consultation with the commissioner of general\\nservices, are authorized to annually negotiate with the state\\ncomptroller increases in the aforementioned dollar limits and the\\nexemption of any services or categories of services from these limits;\\n b. to establish cash advance accounts for the purpose of purchasing\\nmaterials, supplies, or services, for cash advances for travel expenses\\nand per diem allowances, or for advance payment of wages and salary. The\\naccount may be used to purchase such materials, supplies, or services\\nwhere the amount of a single purchase does not exceed one thousand\\ndollars, in accordance with such guidelines as shall be prescribed by\\nthe state university trustees after consultation with the state\\ncomptroller;\\n c. establish guidelines in consultation with the commissioner of\\ngeneral services authorizing participation by the state university in\\nprograms administered by the office of general services for the purchase\\nof available New York state food products. The commissioner of general\\nservices shall provide assistance to the state university necessary to\\nenable the university to participate in these programs;\\n d. award contract extensions for campus transportation without\\ncompetitive bidding where such contracts were secured either through\\ncompetitive bidding or through evaluation of proposals, however such\\nextensions may be rejected if the amount to be paid to the contractor in\\nany year of such proposed extension fails to reflect any decrease in the\\nregional consumer price index for the New York, New York-Northeastern,\\nNew Jersey area, based upon the index for all urban consumers (CPI-U)\\nduring the preceding twelve-month period. At the time of any contract\\nextension, consideration shall be given to any competitive proposal\\noffered by a public transportation agency. Such contract may be\\nincreased for each year of the contract extension by an amount not to\\nexceed the regional consumer price index increase for the New York, New\\nYork-Northeastern, New Jersey area, based upon the index for all urban\\nconsumers (CPI-U), during the preceding twelve-month period, provided it\\nhas been satisfactorily established by the contractor that there has\\nbeen at least an equivalent increase in the amount of his cost of\\noperation, during the period of the contract.\\n e. guidelines promulgated by the state university board of trustees\\nshall, to the extent practicable, require that competitive proposals be\\nsolicited for purchases, and shall include requirements that purchases\\nand contracts authorized under this section be at the lowest available\\nprice, including consideration of prices available through other state\\nagencies, consistent with quality requirements, and as will best promote\\nthe public interest. Such purchases may be made directly from any\\ncontractor pursuant to any contract for commodities let by the office of\\ngeneral services or any other state agency.\\n * NB Effective until June 30, 2016\\n * 5. Notwithstanding the provisions of paragraph two of section one\\nhundred twelve and sections one hundred fifteen, one hundred sixty-one,\\none hundred sixty-three and one hundred seventy-four of the state\\nfinance law and sections three and six of the New York state printing\\nand public documents law or any other law to the contrary, the state\\nuniversity trustees are authorized and empowered to:\\n a. (i) purchase materials, proprietary electronic information\\nresources including but not limited to academic, professional, and\\nindustry journals, reference handbooks and manuals, research tracking\\ntools, indexes and abstracts equipment and supplies, including computer\\nequipment and motor vehicles, where the amount for a single purchase\\ndoes not exceed twenty thousand dollars, (ii) execute contracts for\\nservices and construction contracts to an amount not exceeding twenty\\nthousand dollars, and (iii) contract for printing to an amount not\\nexceeding five thousand dollars, without prior approval by any other\\nstate officer or agency, but subject to rules and regulations of the\\nstate comptroller not otherwise inconsistent with the provisions of this\\nsection and in accordance with the rules and regulations promulgated by\\nthe state university board of trustees after consultation with the state\\ncomptroller. In addition, the trustees, after consultation with the\\ncommissioner of general services, are authorized to annually negotiate\\nwith the state comptroller increases in the aforementioned dollar limits\\nand the exemption of any articles, categories of articles or commodities\\nfrom these limits. Rules and regulations promulgated by the state\\nuniversity board of trustees shall, to the extent practicable, require\\nthat competitive proposals be solicited for purchases, and shall include\\nrequirements that purchases and contracts authorized under this section\\nbe at the lowest available price, including consideration of prices\\navailable through other state agencies, consistent with quality\\nrequirements, and as will best promote the public interest. Such\\npurchases may be made directly from any contractor pursuant to any\\ncontract for commodities let by the office of general services or any\\nother state agency;\\n b. to establish cash advance accounts for the purpose of purchasing\\nmaterials, supplies, or services, for cash advances for travel expenses\\nand per diem allowances, or for advance payment of wages and salary. The\\naccount may be used to purchase such materials, supplies, or services\\nwhere the amount of a single purchase does not exceed two hundred fifty\\ndollars, in accordance with such guidelines as shall be prescribed by\\nthe state university trustees after consultation with the state\\ncomptroller.\\n c. establish guidelines in consultation with the commissioner of\\ngeneral services authorizing participation by the state university in\\nprograms administered by the office of general services for the purchase\\nof available New York state food products. The commissioner of general\\nservices shall provide assistance to the state university necessary to\\nenable the university to participate in these programs.\\n d. (1) Award contract extensions for campus transportation without\\ncompetitive bidding where such contracts were secured either through\\ncompetitive bidding or through evaluation of proposals in response to a\\nrequest for proposals pursuant to subparagraph (2) of this paragraph,\\nhowever such extensions may be rejected if the amount to be paid to the\\ncontractor in any year of such proposed extension fails to reflect any\\ndecrease in the regional consumer price index for the New York, New\\nYork-Northeastern, New Jersey area, based upon the index for all urban\\nconsumers (CPI-U) during the preceding twelve-month period. At the time\\nof any contract extension, consideration shall be given to any\\ncompetitive proposal offered by a public transportation agency. Such\\ncontract may be increased for each year of the contract extension by an\\namount not to exceed the regional consumer price index increase for the\\nNew York, New York-Northeastern, New Jersey area, based upon the index\\nfor all urban consumers (CPI-U), during the preceding twelve-month\\nperiod, provided it has been satisfactorily established by the\\ncontractor that there has been at least an equivalent increase in the\\namount of his cost of operation, during the period of the contract.\\n * NB Effective June 30, 2016\\n * 6. To enter into any contract or agreement deemed necessary or\\nadvisable after consultation with appropriate state agencies for\\ncarrying out the objects and purposes of state university without prior\\nreview or approval by any state officer or agency other than the state\\ncomptroller and the attorney general including contracts with non-profit\\ncorporations organized by officers, employees, alumni or students of\\nstate university for the furtherance of its objects and purposes.\\nContracts or agreements entered into with the federal government to\\nenable participation in federal student loan programs, including any and\\nall instruments required thereunder, shall not be subject to the\\nrequirements of section forty-one of the state finance law; provided,\\nhowever, that the state shall not be liable for any portion of any\\ndefaults which it has agreed to assume pursuant to any such agreement in\\nan amount in excess of money appropriated or otherwise lawfully\\navailable therefor at the time the liability for payment arises. The\\nforegoing notwithstanding, any contract made for or by the state\\nuniversity for the purchase of: (i) materials, equipment and supplies,\\nincluding computer equipment; (ii) motor vehicles; (iii) construction\\nand construction-related services contracts; and (iv) printing shall not\\nbe subject to prior approval by any other state officer or agency.\\n * NB Effective until June 30, 2016\\n * 6. To enter into any contract or agreement deemed necessary or\\nadvisable after consultation with appropriate state agencies for\\ncarrying out the objects and purposes of state university without prior\\nreview or approval by any state officer or agency other than the state\\ncomptroller and the attorney general including contracts with non-profit\\ncorporations organized by officers, employees, alumni or students of\\nstate university for the furtherance of its objects and purposes.\\nContracts or agreements entered into with the federal government to\\nenable participation in federal student loan programs, including any and\\nall instruments required thereunder, shall not be subject to the\\nrequirements of section forty-one of the state finance law; provided,\\nhowever, that the state shall not be liable for any portion of any\\ndefaults which it has agreed to assume pursuant to any such agreement in\\nan amount in excess of money appropriated or otherwise lawfully\\navailable therefor at the time the liability for payment arises.\\n * NB Effective June 30, 2016\\n * 6-a. The state university trustees shall adopt guidelines for\\nfoundations of state-operated campuses that require each foundation to\\nadopt a conflict of interest policy applicable to such foundation and\\nits affiliated corporations. Among other items, the state university\\ntrustees' guidelines shall require such foundation policies to provide:\\n(a) that service as a board member or officer thereof shall not be used\\nas a means for private benefit or inurement for the board member or\\nofficer, a relative thereof, or any entity in which the board member or\\nofficer, or relative thereof, has a business interest; (b) no board\\nmember or officer who is a vendor of goods or services to the foundation\\nor its affiliated corporation, or who has a business interest in such\\nvendor, or whose relative has a business interest in such vendor, shall\\nvote on, or participate in the foundation's administration of, any\\ntransaction with such vendor; and (c) a board member or officer shall\\nadvise the chair of the foundation or its affiliated corporation of his\\nor a relative's business interest in any such existing or proposed\\nvendor with the foundation or its affiliate. The state university\\ntrustees' guidelines shall define the nature of a business interest and\\nthe closeness of a personal relation that bring a relationship within\\nthe purposes of this subdivision.\\n * NB Repealed July 1, 2016\\n 7. To refund or credit moneys paid to the state university for tuition\\nor any other fee or charge imposed or received by the state university\\ntrustees (1) where such moneys were not required by law or trustees'\\nrule, to the extent of the amount paid; (2) where such moneys were in\\nexcess of the amount required by law or trustees' rule, to the extent of\\nsuch excess; (3) where registration or attendance at a state university\\ninstitution is canceled or terminated prior to the expiration of an\\nacademic term otherwise than by dismissal, to the extent prescribed by\\nrule or otherwise by the state university trustees; provided, however,\\nthat no moneys shall be refunded or credited unless application therefor\\nis made within three years after receipt of such moneys by the state\\nuniversity.\\n 8. Except as otherwise provided herein, all moneys received by the\\nstate university of New York and by state-operated institutions thereof\\nfrom appropriations, tuition, fees, user charges, sales of products and\\nservices and from all other sources, including sources and activities of\\nthe state university which are intended by law to be self-supporting may\\nbe credited to an appropriate fund or funds to be designated by the\\nstate comptroller. The amounts so paid into such fund or funds which\\nwere received by or for the state university shall be used for expenses\\nof the state university in carrying out any of its objects and purposes\\nand such amounts received by or for state-operated institutions of the\\nstate university shall be used for expenses of the state university\\nunder regulations prescribed by the state university trustees.\\nNotwithstanding the foregoing provisions of this subdivision, all\\ndormitory facilities revenues transferred to the dormitory authority by\\nassignment or otherwise pursuant to paragraph y of subdivision two of\\nthis section shall upon receipt by the state university acting as agent\\nfor the dormitory authority be transferred and immediately paid without\\nappropriation thereof to the commissioner of taxation and finance\\npursuant to subdivision four of section four of the state finance law\\nfor deposit to the dormitory facilities revenue fund.\\n 8-a. All monies received by state university health care facilities\\nfrom fees, charges, and reimbursement and from all other sources shall\\nbe credited to a state university health care account in a fund to be\\ndesignated by the state comptroller. Notwithstanding the provision of\\nany law, rule or regulation to the contrary, a portion of such monies\\ncredited may be transferred to a state university account as requested\\nby the state university chancellor or his or her designee. Monies to\\nestablish reserves for long-term expenses of state university health\\ncare facilities and to fulfill obligations required for any contract for\\nhealth care services authorized pursuant to subdivision sixteen of this\\nsection may be designated by the state university as a reserve and\\ntransferred to a separate contractual reserve account. The amounts in\\nsuch accounts shall be available for use in accordance with paragraph b\\nof subdivision four and subdivision eight of this section. Monies shall\\nonly be expended from the state university health care account and the\\ncontractual reserve account pursuant to appropriation. Notwithstanding\\nany provision of this chapter, the state finance law or any other law to\\nthe contrary, such appropriations shall remain in full force and effect\\nfor two years from the effective date of the appropriation act making\\nthe appropriation. Monies so transferred may be returned to the state\\nuniversity health care account; provided, however, that funds in such\\ncontractual reserve account must be sufficient to meet the obligations\\nof all such contracts.\\n 8-b. Notwithstanding the provision of any law, rule or regulation to\\nthe contrary, the state university shall be entitled to annually receive\\nan apportionment and payment of state assistance equal to all moneys\\nderived as a result of the tuition increase, calculated as the\\ndifference in the amount generated using the tuition rates authorized by\\nthe state university trustees for the two thousand seven--two thousand\\neight academic year and the amount generated using the tuition rates\\nauthorized by state university trustees for the two thousand nine--two\\nthousand ten academic year, pursuant to the following schedule: for the\\ntwo thousand nine--two thousand ten academic year, the state university\\nshall receive an amount equal to twenty percent of such tuition\\nincrease; for the two thousand ten--two thousand eleven academic year,\\nthe state university shall receive an amount equal to thirty percent of\\nsuch tuition increase; for the two thousand eleven--two thousand twelve\\nacademic year, the state university shall receive an amount equal to\\nforty percent of such tuition increase; and for the two thousand\\ntwelve--two thousand thirteen academic year, the state university shall\\nreceive an amount equal to fifty percent of such tuition increase. Such\\napportionment shall be for the enhanced investment in the state\\nuniversity of the state of New York and shall be used to supplement, not\\nsupplant, state gross general fund support, unless the director of the\\nbudget determines that state fiscal conditions preclude such an outcome\\nand, in which case, the director shall submit a report regarding the\\nrecommended funding levels and whether the tuition increase\\napportionment provisions of this subdivision have been complied with for\\nthe state university of the state of New York to the chairs of the\\nsenate finance committee and the assembly ways and means committee and\\nthe chairs of the senate higher education committee and the assembly\\nhigher education committee no later than fifteen days following the\\nrelease of the executive budget.\\n 9. Notwithstanding any other provision of this section, the state\\nuniversity trustees may assign to the state university construction fund\\nfor the corporate purposes of the fund all or any portion of any moneys\\nreceived or to be received by the state university and by the\\nstate-operated institutions which are not required by a donor or grantor\\nto be used for other state university purposes.\\n 10. The state university trustees may authorize the chief\\nadministrative officer of each medical center of the state university\\noperating in-patient or out-patient hospital facilities or clinic\\nfacilities to compromise any claim which the state may have for care,\\nmaintenance or treatment received or furnished to patients in such\\nfacilities, in proper cases, where substantial justice will best be\\nserved thereby. Any such compromise shall be subject to the prior\\nwritten approval of the attorney general.\\n 11. Notwithstanding any provision of law, rule or regulation to the\\ncontrary, the state university trustees may authorize the chief\\nadministrative officer of each medical center of the state university\\noperating in-patient or out-patient hospital facilities or clinic\\nfacilities to establish a system for the billing of patients for the\\ncare, maintenance or treatment received or furnished to patients in such\\nfacilities, which in proper cases or in the exercise of prudent fiscal\\ndiscretion may allow for the payment of such charges by means of a\\ncredit card or similar device. Such system may allow for the payment of\\nsuch reasonable administrative fees as may be regularly imposed by a\\nbanking institution or other credit service organization for the use of\\nsuch credit devices. In establishing such system the chief\\nadministrative officer shall seek the assistance of the state\\ncomptroller who shall assist in developing such system so as to ensure\\nthat state funds allocated to such medical centers shall be utilized in\\nan economically feasible method.\\n 12. The state comptroller, or a legally authorized representative of\\nthe state comptroller, may accept from the state university in lieu of\\nan examination of the books and accounts of state university, including\\nits receipts and disbursements and any other matters relating to its\\nfinancial standing, an external examination of its books and accounts\\nmade at the request of state university.\\n 13. Master capital plan. On or before November fifteenth of each year,\\nthe trustees of the state university of New York shall approve and\\nsubmit to the chairmen of the assembly ways and means committee and the\\nsenate finance committee and to the director of the budget a master\\ncapital plan setting forth the projects proposed to be constructed,\\nreconstructed, rehabilitated or otherwise substantially altered pursuant\\nto appropriations enacted or to be enacted during the succeeding five\\nyears. Such plan shall specify the name, location, estimated total cost\\nat the time the project is to be bid, the anticipated date or dates on\\nwhich the design of such project is to commence, the proposed method of\\nfinancing and the estimated economic life of each project. Such plan\\nshall further specify whether proposed projects constitute new\\nconstruction, substantial rehabilitation, moderate rehabilitation or\\nminor rehabilitation and shall indicate how projects support\\nimprovements in environmental protection, energy and resource\\nmanagement, solar energy and conservation. Such criteria for each method\\nof financing shall include, but not be limited to: (i) an analysis of\\nprivate enterprise, federal and any other appropriate financing\\nstandards, (ii) the consideration of the period of economic life of\\nprojects as related to the method of financing, and (iii) project cost\\nranges for the methods of financing. Such plan specification and\\ncategories of construction shall be defined by the trustees, in\\nconsultation with the state university construction fund.\\n Such capital master plan report shall also include, for each project\\nover one-million dollars, a description of the project; expected\\nconstruction start date; any changes to the previously reported start or\\nexpected completion dates; any changes to the expected cost of the\\nproject; the total cash encumbered for the project for the year and the\\ntotal to date for the project; and the total cash expended for the\\nproject for the year and the total to date for the project.\\n All projects that are reported under this subdivision shall be\\nidentified by campus, the name of the specific facility for which the\\nallocation is provided and a description of what the project is that is\\nbeing provided.\\n 14. Notwithstanding the provisions of any general, special or local\\nlaw or charter, the state university trustees shall prepare or cause to\\nbe prepared a development and operation plan for a state university\\nathletic facility, as defined in section sixteen hundred eighty-e of the\\npublic authorities law. Such development and operation plan shall be\\nsubmitted to the director of the budget for approval not later than the\\nfifteenth day of September of the fiscal year of the state. The director\\nof the budget shall file a copy of such plan and approval thereof with\\nthe chairpersons of the senate finance committee and the assembly ways\\nand means committee. No proposed amendment to the plan shall be\\neffective until submitted by the state university trustees and approved\\nby, the director of the budget and filed by the director with the\\nchairpersons of the senate finance committee and the assembly ways and\\nmeans committee.\\n Such development and operation plan shall include, but not be limited\\nto, provisions concerning the following:\\n (a) revenue and expense estimates for the succeeding three year period\\ncommencing in the year of the completion of construction and beneficial\\noccupancy of the state university athletic facility;\\n (b) the sources of revenues that are projected to be available to meet\\nall costs of the operation, repair, maintenance and continuing use of\\nthe state university athletic facility, and any net income remaining to\\ncover subsequent annual debt service expenses, and evidence satisfactory\\nto the state university of New York and the director of the budget that,\\nconsistent with university and community use as set forth in this\\nsection, revenues will be maximized and available when needed for the\\nstate university athletic facility; and\\n (c) plans for the development, operation, repair, maintenance and\\ncontinuing use of the state university athletic facility under the care,\\ncustody, and management of the state university to include, but not be\\nlimited to, athletic competition of the state university of New York at\\nBuffalo, amateur sports, appropriate community events, and activities\\nthat generate support for facility operations.\\n 15. State university fiscal year. Notwithstanding any provision of\\nthis chapter, the state finance law, or any other law to the contrary,\\non and after the first day of July, nineteen hundred ninety-three, the\\nfiscal year of the state university of New York, for the purposes of the\\nbudget, appropriations, receipts and disbursements of state moneys and\\nall other revenues of the state university, financial reporting, and all\\nother affairs of the state university which are regulated in accordance\\nwith or are based on a fiscal year, shall begin with the first day of\\nJuly and end with the next following thirtieth day of June.\\nAppropriations made for the state university for whatever purpose on the\\nbasis of the state university fiscal year which at the close of such\\nfiscal year shall cease to have force and effect except as to\\nliabilities already incurred thereunder shall as to such liabilities\\ncontinue in force and effect until the next succeeding thirtieth day of\\nSeptember, on which date such appropriation shall lapse and no money\\nshall thereafter be paid out of the state treasury or any of its funds\\nor any of the funds under its management pursuant to such appropriation.\\n 16. Subject to laws and regulations applicable to the state university\\nas a health care provider the state university trustees may:\\n a. Notwithstanding section one hundred sixty-three of the state\\nfinance law, authorize contracts for a state university health care\\nfacility for participation in managed care networks and other joint and\\ncooperative arrangements with public, non-profit or business entities\\nincluding entering into a maximum of twenty network arrangements per\\nyear, as partners, joint ventures, sole member or members of non-profit\\nor for-profit corporations, sole member or members of non-profit or\\nfor-profit limited liability companies, as lessor or lessee, as\\nparticipants in joint operating agreements, and shareholders of business\\ncorporations, and the provision of management and administrative\\nservices by or for state university; provided, however, that any such\\ncontracts with for-profit entities shall be authorized only upon\\napproval by the commissioner of health and the director of the division\\nof the budget of a request by the chancellor demonstrating financial\\nneed of a state university health care facility. Any contract for the\\nprovision of management services shall be subject to any provision of\\nthe public health law and health regulations applicable to the state\\nuniversity as a health care provider, including any review by the\\ncommissioner of health pursuant to 10 NYCRR section 405.3(f). In\\naddition, the commissioner of health shall provide for public comment\\nwithin thirty days of a submission of any management contract required\\nto be reviewed pursuant to regulation. The trustees may also authorize\\ncontracts, including capitation contracts, for a state university health\\ncare facility for the provision of general comprehensive and specialty\\nhealth care services, directly or through contract with other service\\nproviders or entities, including state university employees or entities\\ncomprised thereof. Contracts authorized hereunder shall be:\\n (1) consistent with trustee guidelines respecting all terms and\\nconditions necessary and appropriate for managed care and other network,\\njoint or cooperative arrangements, including guidelines for comparative\\nreview where appropriate;\\n (2) subject to laws and regulations applicable to the state university\\nas a health care provider, including with respect to rates and\\ncertificates of need; and\\n (3) subject to article fourteen of the civil service law and the\\napplicable provisions of agreements between the state and employee\\norganizations pursuant to article fourteen of the civil service law.\\n * b. Notwithstanding the provisions of subdivision two of section one\\nhundred twelve of the state finance law, subdivision six of section one\\nhundred sixty-three of the state finance law and section sixty-three of\\nthe executive law (i) authorize contracts for the purchase of goods for\\nstate university health care facilities without prior approval by any\\nother state officer or agency, including contracts for joint or group\\npurchasing arrangements of goods, in accordance with procedures and\\nrequirements found in paragraph a of subdivision five of this section,\\nand (ii) authorize contracts for services which do not exceed\\nseventy-five thousand dollars without prior approval by any other state\\nofficer or agency in accordance with procedures and requirements found\\nin paragraph a of subdivision five of this section. Contracts authorized\\npursuant to this paragraph shall be subject to article fourteen of the\\ncivil service law and the applicable provisions of agreements between\\nthe state and employee organizations pursuant to article fourteen of the\\ncivil service law.\\n The trustees are authorized to negotiate annually with the state\\ncomptroller increases in the aforementioned dollar limits.\\n * NB Effective until June 30, 2016\\n * b. Notwithstanding the provisions of subdivision two of section one\\nhundred twelve of the state finance law relating to the dollar threshold\\nrequiring the comptroller's approval of contracts and subdivision six of\\nsection one hundred sixty-three of the state finance law, authorize\\ncontracts for the purchase of goods and services for state university\\nhealth care facilities:\\n (1) for any contract which does not exceed seventy-five thousand\\ndollars; or\\n (2) for joint or group purchasing arrangements which do not exceed\\nseventy-five thousand dollars without prior approval by any other state,\\nofficer or agency in accordance with procedures and requirements found\\nin paragraph a of subdivision five of this section.\\n (3) contracts authorized hereunder shall be subject to article\\nfourteen of the civil service law and the applicable provisions of\\nagreements between the state and employee organizations pursuant to\\narticle fourteen of the civil service law.\\n The trustees are authorized to negotiate annually with the state\\ncomptroller increases in the aforementioned dollar limits.\\n * NB Effective June 30, 2016\\n c. Authorize contracts for the acquisition, by purchase, lease,\\nsublease, transfer of jurisdiction or otherwise, of facilities suitable\\nfor the delivery of health care services and for the construction,\\nrepair, maintenance, equipping, rehabilitation or improvement thereof.\\nSuch contracts shall be subject to approval by the attorney general as\\nto form and by the director of the budget and the state comptroller.\\nContracts under this paragraph shall be funded from any moneys lawfully\\navailable for the expenses of the health care facilities.\\n 17. Plans for investigation of violent felony offenses. a. The board\\nof trustees of the state university of New York shall adopt rules\\nrequiring that each institution of the state university, on or before\\nJanuary first, two thousand, adopt and implement a plan providing for\\nthe investigation of any violent felony offense occurring at or on the\\ngrounds of each such institution, and providing for the investigation of\\na report of any missing student. Such plans shall provide for the\\ncoordination of the investigation of such crimes and reports with local\\nlaw enforcement agencies. Such plans shall include, but not be limited\\nto, written agreements with appropriate local law enforcement agencies\\nproviding for the prompt investigation of such crimes and reports.\\n b. As used in this subdivision, the following terms shall have the\\nfollowing meanings:\\n (i) \"Local law enforcement agencies\" means any agency or agencies\\nemploying peace officers or police officers for the enforcement of the\\nlaws of the state, and which has or have jurisdiction under provisions\\nof the criminal procedure law over offenses occurring at or on the\\ngrounds of any institution subject to the provisions of this\\nsubdivision.\\n (ii) \"Missing student\" means any student of an institution subject to\\nthe provisions of this subdivision, who resides in a facility owned or\\noperated by such institution and who is reported to such institution as\\nmissing from his or her residence.\\n (iii) \"Violent felony offense\" means a violent felony offense as\\ndefined in subdivision one of section 70.02 of the penal law.\\n 18. Scholarships for academic achievement. a. (1) Beginning with the\\ntwo thousand--two thousand one academic year and thereafter,\\nscholarships for academic achievement shall be awarded to full-time\\nstudents completing their sophomore and junior years of study at all\\nstate university state operated campuses. Two thousand five hundred\\nscholarships shall be awarded to students in the junior year of study\\nand two thousand five hundred scholarships shall be awarded to students\\nin the senior year of study.\\n (2) Scholarships made to students in the junior year shall be to the\\ntwo thousand five hundred students with the highest cumulative grade\\npoint average at the end of such students sophomore year of study. Any\\nstudent receiving such award shall be a New York state resident and\\nshall have a minimum grade point average of 3.5. Such scholarship shall\\nbe awarded at the beginning of the spring semester of such student's\\njunior year.\\n (3) Scholarships made to students in the senior year will be to the\\ntwo thousand five hundred students with the highest cumulative grade\\npoint average at the end of such students' junior year of study. Any\\nstudent receiving such award shall be a New York state resident and\\nshall have a minimum grade point average of 3.5. Such scholarship shall\\nbe awarded at the beginning of the spring semester of such students'\\nsenior year.\\n b. Each individual state university of New York state operated campus\\nshall receive no more than its pro rata share of awards than the\\npercentage of such university's juniors and seniors represent of the\\nentire system enrollment in the junior and senior classes.\\n c. Upon determination of the recipients of the annual awards, the\\nchancellor shall notify the members of the state legislature of all\\nrecipients who permanently reside within the district that such members\\nrepresent.\\n 19. The state university of New York shall provide the chairs of the\\nassembly ways and means committee and the senate finance committee with\\nthe formula and/or methodology used in determining state aid allocations\\nto state university of New York state operated campuses and\\nuniversity-wide programs and the specific budget allocation to each\\ncampus and university-wide program based on the overall funding level\\nfor state-operated campuses and university-wide programs included within\\nthe executive budget submission for the state university of New York\\nwithin forty-five days after the submission of the executive budget and\\nwithin thirty days after the enactment of the state budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "355-A", "title" : "Powers and duties of trustees--personnel functions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-02-27" ], "docLevelId" : "355-A", "activeDate" : "2014-09-22", "sequenceNo" : 228, "repealedDate" : null, "fromSection" : "355-A", "toSection" : "355-A", "text" : " § 355-a. Powers and duties of trustees--personnel functions. 1. (a)\\nThe state university trustees are authorized and empowered to classify\\nand reclassify all positions in the state university determined pursuant\\nto section thirty-five of the civil service law to be in the\\nprofessional service as defined in subdivision three of this section,\\nexcept those of the New York state colleges, schools and experiment\\nstations administered by Cornell university and Alfred university.\\n (b) To the fullest extent possible consistent with its authority under\\nthe civil service law, and after consultation with the state university\\ntrustees, the state civil service commission shall consider the unique\\neducational mission and operating requirements of the state university\\nwhen making any determination relating to the jurisdictional\\nclassification of positions in the state university in the classified\\nservice. The director of the classification and compensation division of\\nthe department of civil service shall similarly consider the unique\\neducational mission and operating requirements of the state university\\nwhen making determinations concerning the classification and\\nreclassification and the allocation and reallocation of the positions in\\nthe state university in the classified service.\\n 2. Subject to the approval of the state university trustees, Cornell\\nuniversity and Alfred university are authorized and empowered to\\nallocate and reallocate positions in the non-professional services of\\nthe New York state statutory or contract colleges, schools and\\nexperiment stations administered by such universities, as classified and\\nreclassified by the respective universities, in accordance with a\\nschedule of positions and salaries filed by the state university\\ntrustees pursuant to subdivision four of section three hundred\\nfifty-five of this chapter.\\n 3. a. The professional service shall include positions requiring the\\nperformance of educational functions in teacher education, agriculture,\\nhome economics, forestry, ceramics, liberal and applied arts and\\nsciences, engineering, technical skills, crafts, business education,\\nlabor and industrial relations, medicine, dentistry, veterinary\\nmedicine, pharmacy, nursing, law, public affairs, maritime officer\\ntraining, academic administration, library service, student activities,\\nstudent personnel service and other professions required to carry on the\\nwork of the state university and of the colleges, schools, institutes,\\nresearch centers, facilities and institutions comprising it. Each\\nemployee in the professional service shall receive an annual salary to\\nbe paid over a period of not less than nine months as determined by the\\nstate university trustees, or by Cornell university and Alfred\\nuniversity with the approval of the state university trustees for the\\nNew York state colleges, schools and experiment stations administered by\\nsuch universities.\\n b. The non-professional services shall mean all positions at the New\\nYork state statutory or contract colleges, schools and experiment\\nstations administered by Cornell university and Alfred university which\\nare not included in the professional service.\\n 4. New appointments in positions allocated to the nonprofessional\\nservices shall be made in accordance with a schedule of positions and\\nsalaries filed by the state university trustees pursuant to subdivision\\nfour of section three hundred fifty-five of this chapter. Any person who\\nis appointed, promoted, reinstated or transferred from an unallocated\\nposition in the nonprofessional services to a position allocated to a\\nsalary grade, the minimum salary of which is equal to or lower than the\\nannual rate of compensation then received by such employee, shall, upon\\nsuch appointment, promotion, reinstatement or transfer, be paid the\\nminimum salary of the grade of such allocated position plus the number\\nof normal performance advancement payments which corresponds to the\\nnumber of years of service in such employee's former unallocated\\nposition or positions during which that employee received a salary equal\\nto or in excess of the minimum salary of the position to which such\\nemployee is appointed, promoted, reinstated or transferred, not to\\nexceed the salary that employee was receiving in such employee's former\\nposition immediately prior to the date of such appointment, promotion,\\nreinstatement or transfer and not to exceed the maximum salary of the\\nnew position.\\n 5. Nothing contained in this section shall prevent the employment of\\npersons who receive part of their compensation from other than state\\nsources.\\n 6. An employee in the professional service who is assigned to\\nextension session, summer session or part-time service shall be entitled\\nto extra compensation for such service provided such service is in\\naddition to that regularly assigned to his position.\\n 7. Any contribution of food, lodging, or maintenance by the state or\\nany commutation in lieu of maintenance, except traveling expenses and\\nfield allowances, shall be considered as part of the salary established\\nin this section. The fair value of such food, lodging, maintenance or\\ncommutation shall be determined by the state university trustees and may\\nin their discretion be deducted from the salary established by this\\nsection.\\n 8. The state university trustees are further authorized and empowered,\\nand Cornell university and Alfred university so far as concerns the New\\nYork state statutory or contract colleges, schools and experiment\\nstations administered by such universities, subject to the approval of\\nthe state university trustees, are also further authorized and\\nempowered:\\n a. To except individual positions or groups, titles or classes of\\npositions from the schedules filed by the state university trustees\\npursuant to subdivision four of section three hundred fifty-five of this\\nchapter.\\n b. To determine the procedure by which an employee may be promoted on\\nevidence of continued meritorious service, and to make promotions. If an\\nemployee in the non-professional services in a position allocated to a\\nsalary grade is appointed or promoted to a position in a higher grade,\\nsuch employee shall receive a percentage increase in existing basic\\nsalary of one and one-half percent plus one and one-half percent times\\nthe number of grades by which that employee is so advanced, or shall be\\npaid the minimum salary of the grade of the position to which such\\nemployee is appointed or promoted, whichever results in a higher annual\\nsalary.\\n c. To transfer positions from one state-operated institution in the\\nstate university to another. Notwithstanding the provisions of the state\\nfinance law, the trustees are hereby authorized to transfer positions\\nwithin a unit of the university without the approval of the director of\\nthe budget.\\n d. To grant leaves of absence to employees for travel, study or other\\nappropriate purposes, not to exceed one year in seven, at the rate of\\nnot to exceed one-half the regular salary paid, or with salary at full\\nrate for such leave for one-half year. The balance of salaries\\nappropriated for such persons, or so much thereof as may be necessary,\\nmay be applied by the state university trustees, Cornell university or\\nAlfred university, as the case may be, during the period of such absence\\nfor the payment of the salaries of substitutes to take the place of the\\npersons to whom leaves of absence have been granted as provided herein.\\n e. To establish regulations providing for the adjustment and\\ndetermination of salaries of professional service employees whose\\nprofessional obligation is changed as between or within calendar years\\nor academic years, or whose conditions of appointment are affected by\\nany other situation unique to state university positions in the\\nunclassified service.\\n f. To establish regulations providing for the payment, upon\\nresignation or retirement, or upon death while in service, for salary or\\nremuneration due by reason of the completion of required services, or in\\nsettlement for unused vacation, if any, to any incumbent of a position\\nin the professional service. The state comptroller is hereby authorized\\nto make such payments in accordance with such regulations from monies\\navailable to state university.\\n 9. The annual salary of a position which is classified or\\nreclassified, or which is allocated or reallocated to a salary grade\\npursuant to this section shall not be reduced for the incumbent by\\nreason of such allocation, reallocation, classification or\\nreclassification so long as such position is held by such incumbent.\\n No employee whose salary would be increased by such allocation,\\nreallocation, classification or reclassification shall have any claim\\nfor the difference between such increased salary and his former salary\\nfor the period prior to the date such change in title or salary grade\\nbecomes effective.\\n The state university trustees are further authorized and empowered,\\nand Cornell university and Alfred university so far as concerns the New\\nYork state statutory or contract colleges, schools and experiment\\nstations administered by such universities, subject to the approval of\\nthe state university trustees, are also further authorized and empowered\\nto adjust salaries upon the reallocation of positions as follows:\\n When any position allocated to a salary grade is reallocated to a\\nhigher salary grade, the annual salary of an incumbent shall be\\ndetermined in accordance with the provisions of paragraph b of\\nsubdivision eight of this section.\\n 10. Salary, status, and accumulated leave credits of employees whose\\nemployment changes as between the classified and the unclassified\\nservice:\\n a. The incumbent of any position in the classified service which is\\ndetermined to be in the unclassified service shall, on the effective\\ndate of such change, be paid at an annual salary rate not less than the\\nformer rate. Such person shall retain the rights and privileges of the\\nclassified service jurisdictional classification with respect to\\ndiscipline, dismissal and suspension for as long as such person remains\\nin the redesignated position.\\n b. Any employee in the classified service who accepts appointment to\\nan unclassified service position shall thereby relinquish the rights and\\nprivileges of such employee's classified service jurisdictional\\nclassification during the continuance of such employee's service in an\\nunclassified position and shall acquire the rights and status of such\\nemployee's unclassified position.\\n c. Any employee in the classified service who accepts appointment to a\\nposition in the unclassified service pursuant to subdivision (h) of\\nsection thirty-five of the civil service law having, as of the effective\\ndate of such change, an accrued balance of annual leave or sick leave\\nunder the attendance rules for the classified service, shall retain such\\nbalances to such employee's credit upon appointment to the professional\\nservice, but shall accrue no further annual or sick leave under the\\nattendance rules for the classified service. Thereafter any such\\nemployees shall be eligible for annual leave and sick leave as provided\\nfor by the state university trustees. Upon resignation or retirement\\nfrom state service such employee shall be paid in cash for any balance\\nof annual leave in accordance with the regulations applicable to persons\\nin the professional service; provided however, that in the case of death\\nwhile in service, such payment, if any, shall be made to the beneficiary\\nto whom a survivor's death benefit pursuant to section one hundred\\nfifty-four of the civil service law, if any, would be payable.\\n Any such employee having accrued overtime or personal leave balance\\nshall forfeit such credit, except that such employee shall be paid in\\ncash for an accrued balance of overtime on the basis of the annual\\nsalary in that employee's classified service position at the time of\\nsuch employee's appointment to the unclassified service. Hereafter, any\\nsuch employee shall be subject to the provisions made by the state\\nuniversity trustees with respect to vacation and other leave except as\\nherein provided.\\n d. Any employee in the unclassified service pursuant to subdivision\\n(h) of section thirty-five of the civil service law who accepts\\nappointment to a classified service position having, as of the effective\\ndate of such change, eligibility for vacation or sick leave under the\\nprovisions made by the state university trustees shall be credited with\\nsuch balance under the attendance rules for the classified service;\\nprovided however, that not more than thirty days of annual leave and two\\nhundred days of sick leave shall be so credited. Thereafter such\\nemployee shall accrue annual leave and sick leave credits in accordance\\nwith the attendance rules for the classified service, except that (i)\\nthat employee's previous state service shall be considered in\\ndetermining the rate at which the employee shall accumulate annual leave\\nunder such rules and (ii) such service shall be considered in allowing\\nany sick leave at one-half salary for which the employee may be\\notherwise eligible under such rules. For the purpose of establishing an\\nanniversary date for computing personal leave credit, such employee\\nshall be deemed to have been appointed on the effective date of that\\nemployee's appointment to the classified service from the unclassified\\nservice. Thereafter such employee shall be subject to the attendance\\nrules for the classified service except as herein provided.\\n 11. Whenever a salary for a position in the professional service\\nresults in an annual salary rate in an amount other than a whole dollar\\namount, said rate shall be increased to the next higher whole dollar.\\n 12. Nothing in this section shall be construed to limit the powers\\nheretofore conferred on Cornell university or Alfred university except\\nas expressly provided for herein.\\n 13. The expenditure of moneys appropriated to support a group\\ndisability insurance program for employees in the professional service\\nshall not exceed sixty percent of salary plus contributions for annuity\\ncontracts not to exceed the rates of employer contributions pursuant to\\narticle eight-B of this chapter plus adjustment for cost of living\\nincreases reduced by any amount for which the employee is eligible\\npursuant to compensation or benefit paid for, by or on behalf of the\\nstate or state university and any normal contribution to a retirement\\nprogram made by the state or the state university on the employee's\\nbehalf while eligible for benefits under such program in accordance with\\nregulations of the state university trustees relating to eligibility and\\nother terms, conditions and limitations of coverage and benefits and\\nadministration of program.\\n 13. Notwithstanding subdivisions one through thirteen of section one\\nhundred thirty and section one hundred thirty-five of the civil service\\nlaw or any other provisions of law, rule or regulations to the contrary:\\n a. Whenever a representative study of peer institutions in private or\\nother public hospitals in the same geographic area as a state university\\nhospital shows that wage rates and/or pay differentials of nurses\\nemployed in such peer institutions are higher than the wage rates and/or\\npay differentials paid by the state to teaching and research center\\nnurses of the state university, the state university trustees may\\nauthorize and prescribe pay differentials which may be added as\\nadjustments to the hiring rate, the job rate and the longevity steps of\\nthe salary grade or grades and/or shift differentials for teaching and\\nresearch center nurses in the classified civil service at the state\\nuniversity hospitals, clinics or other ancillary health care facilities\\nin such areas or locations. In each case, pay differentials under this\\nsubdivision shall be percentages or fixed dollar amounts. Such\\ndifferentials shall be in addition to and not in lieu of an employee's\\nbasic annual salary. Any performance advancement payments, performance\\nawards, longevity payments or other rights or benefits to which an\\nemployee may be entitled shall be calculated from a combined base of\\nannual salary plus differential payments. Any differential payable\\npursuant to this subdivision shall be included as compensation for\\nretirement purposes. A pay differential shall be terminated for any\\nemployee when the employee ceases to be employed in a position, or area,\\nor location for which such pay differential was authorized. Otherwise, a\\npay differential shall remain in effect for each such employee and\\nfuture pay differentials shall be authorized pursuant to this\\nsubdivision.\\n b. Teaching and research center nurses who on April first, nineteen\\nhundred ninety-five are receiving additional compensation as a result of\\na previous determination by the director of classification and\\ncompensation of the department of civil service to authorize a\\ngeographic area pay differential shall continue to receive such\\nadditional compensation while employed in the position for which such\\ndifferential was authorized unless modified pursuant to this\\nsubdivision.\\n c. The state comptroller is hereby authorized to make the payments\\nallowed under this subdivision from monies available to the state\\nuniversity from health care revenues.\\n d. The compensation described herein is limited to those nurses in the\\nclassified civil service employed at university health care facilities\\nat the health science center at Syracuse, university hospital at the\\nhealth science center at Brooklyn, and university hospital at the state\\nuniversity of New York at Stony Brook.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "355-B", "title" : "Investments in designated obligations; indemnifications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "355-B", "activeDate" : "2014-09-22", "sequenceNo" : 229, "repealedDate" : null, "fromSection" : "355-B", "toSection" : "355-B", "text" : " § 355-b. Investments in designated obligations; indemnifications. 1.\\nIt is hereby found and declared that obligations of the state of New\\nYork, the New York state housing finance agency and the dormitory\\nauthority of the state of New York are reasonable, prudent, proper and\\nlegal investments in which all gifts, grants, bequests and devises\\nadministered as endowments by the state university trustees may be\\ninvested by such trustees or any officer, employee or fiduciary thereof.\\nFor the purposes of this section such gifts, grants, bequests and\\ndevises shall be referred to as endowment funds.\\n 2. Notwithstanding any inconsistent provisions of law, the state\\nuniversity trustees may, in their discretion, purchase obligations\\ndesignated and found to be reasonable, prudent, proper and legal\\ninvestments in subdivision one of this section for such endowment funds\\nwithout regard to the percentage of the assets of such endowment funds\\ninvested in such obligations and without regard to the percentage of\\noutstanding obligations of each issuer held or to be held by such funds.\\nThe state university trustees in determining investments for such\\nendowment funds in such obligations may consider, in addition to the\\nappropriate factors recognized by law, the extent to which such\\ninvestments will maintain the credit worthiness of the state of New York\\nand the public benefit corporations identified in subdivision one of\\nthis section so as to enable the state and such corporations to finance\\nthe construction of capital facilities heretofore and hereafter duly\\nauthorized for the state university.\\n 3. Notwithstanding any other provisions of law, including the\\nprovisions of section seventeen of the public officers law, the state\\nshall save harmless and indemnify each and every trustee, officer,\\nemployee or fiduciary with responsibility for the custody of endowment\\nfunds or the assets thereof or for the approval of the sale or\\ninvestment of the assets of such endowment funds, and any investment\\nadviser, attorney or accountant who shall have been employed by or who\\nhave advised such trustee, officer, employee or fiduciary, from any or\\nall financial loss arising out of or in connection with any claim,\\ndemand, suit, action, proceeding or judgment for alleged negligence,\\nwaste or breach of fiduciary duty by reason of any investment by any\\nendowment funds in any obligations designated in subdivision one of this\\nsection, or resulting from the sale of any assets of any endowment fund\\nto obtain sufficient revenues to make such investments, provided that\\nsuch trustee, officer, employee, fiduciary, investment adviser, attorney\\nor accountant shall, within five days after the date on which he is\\npersonally served with, or receives actual notice of, any summons,\\ncomplaint, process, notice, demand, claim or pleading, shall give notice\\nthereof to the attorney general. Upon such notice, the attorney general\\nshall assume control of the representation of such trustee, officer,\\nemployee, fiduciary, investment adviser, attorney or accountant in\\nconnection with such claim, demand, suit, action or proceeding. Each\\nperson so represented shall cooperate fully with the attorney general or\\nany other person designated to assume such defense in respect of such\\nrepresentation or defense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "355-C", "title" : "College opportunity to prepare for employment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "355-C", "activeDate" : "2014-09-22", "sequenceNo" : 230, "repealedDate" : null, "fromSection" : "355-C", "toSection" : "355-C", "text" : " § 355-c. College opportunity to prepare for employment. 1. The state\\nuniversity is authorized to enter into an agreement with the department\\nof social services for the establishment of the college opportunity to\\nprepare for employment (COPE) program for the development of a program\\nof allowable activities and services for eligible participants in the\\nfederal job opportunity and basic skills (JOBS) program.\\n 2. The state university shall identify such funds as necessary,\\nincluding any private funds provided for the purpose of supporting\\nemployment and training services, to be used on a matching basis\\nconsistent with federal requirements.\\n 3. Services may include, but are not limited to, high school\\nequivalency, basic education, job skills training, English-as-a-second\\nlanguage, job readiness training, job placement services, case\\nmanagement, career counseling and assessment, employability planning,\\nsupportive services such as child care, and a youth demonstration\\nactivity providing an integrated program of high school equivalency,\\noccupational training, work experience, and job placement.\\n 4. The state university shall submit an annual evaluation and report\\non the college opportunity to prepare for employment program to the\\ngovernor, the speaker of the assembly, the temporary president of the\\nsenate, the chairman of the assembly ways and means committee, the\\nchairman of the senate finance committee, and the chair of the\\nlegislative commission on skills development and career education no\\nlater than October thirty-first following the program year ending June\\nthirtieth. The evaluation and report shall include, at a minimum, a\\ndescription of services provided, participant characteristics, data on\\nmeasures of educational and job skills gains, job development and\\nplacement, and retention.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "356", "title" : "Councils of state-operated institutions; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "356", "activeDate" : "2014-09-22", "sequenceNo" : 231, "repealedDate" : null, "fromSection" : "356", "toSection" : "356", "text" : " § 356. Councils of state-operated institutions; powers and duties. 1.\\nSubject to the general management, supervision and control of and in\\naccordance with rules established by the state university trustees, the\\noperations and affairs of each state-operated institution of the state\\nuniversity shall be supervised locally by a council consisting of ten\\nmembers, nine of whom shall be appointed by the governor and one of whom\\nshall be elected by and from among the students of the institution. Such\\nvoting members shall be subject to every provision of any general,\\nspecial or local law, ordinance, charter, code, rule or regulation\\napplying to the voting members of such board with respect to the\\ndischarge of their duties including, but not limited to, those\\nprovisions setting forth codes of ethics, disclosure requirements and\\nprohibiting business and professional activities. The election of the\\nstudent member shall be conducted in accordance with rules and\\nregulations promulgated by the respective representative campus student\\nassociation in accordance with guidelines established by the state\\nuniversity trustees. One member shall be designated by the governor as\\nchairman. Where an undergraduate state-operated institution of the state\\nuniversity is located adjacent to another institution of higher\\neducation and students of such undergraduate state-operated institution\\nare, under arrangements made by the state university, taking a\\nsubstantial portion of their courses at such other institution, the\\npresident or other head of such other institution shall be an ex-officio\\nmember of the council for such undergraduate state-operated institution.\\nInitial appointments, other than the student member and ex-officio\\nmembers, shall be for terms expiring July first, nineteen hundred\\nfifty-four, July first, nineteen hundred fifty-five, July first,\\nnineteen hundred fifty-six, July first, nineteen hundred fifty-seven,\\nJuly first, nineteen hundred fifty-eight, July first, nineteen hundred\\nfifty-nine, July first, nineteen hundred sixty, July first, nineteen\\nhundred sixty-one and, where there is no ex-officio member, July first,\\nnineteen hundred sixty-two, respectively, and subsequent appointments,\\nother than the student member, shall be for a full term of nine years\\nfrom the first day of July of the calendar year in which the appointment\\nis made. Vacancies shall be filled for the unexpired term in the same\\nmanner as original selections. The term of office for each council\\nmember appointed on or after April first, nineteen hundred eighty-six\\nshall be seven years. The term of office for the student member shall be\\none year commencing July first of the calendar year in which the\\nelection is conducted, provided, however, that the term of the student\\nmember first elected shall be nine months commencing October first,\\nnineteen hundred seventy-five and expiring June thirtieth, nineteen\\nhundred seventy-six. In the event that the student member ceases to be a\\nstudent at the institution, such member shall be required to resign.\\nMembers of such councils appointed by the governor may be removed by the\\ngovernor. Members of such councils elected by the students of the\\ninstitution may be removed by such students in accordance with rules and\\nregulations promulgated by the respective representative campus student\\nassociation in accordance with guidelines promulgated by the state\\nuniversity trustees. Members of such councils shall receive no\\ncompensation for their services but shall be reimbursed for the expenses\\nactually and necessarily incurred by them in the performance of their\\nduties hereunder.\\n 2. The councils of state-operated institutions shall provide for\\nregular meetings at least four times annually, and the chair, or any\\nfive members by petition, may at any time call a special meeting of the\\ncouncil and fix the time and place therefor. At least seven days notice\\nof every meeting shall be mailed to the usual address of each member,\\nunless such notice be waived by a majority of the council. Resolutions\\nfor the consideration of the councils must be mailed to the usual\\naddress of each council member no less than seven days prior to a\\nmeeting, unless the chair shall make available in writing on the day of\\nthe meeting the facts which necessitate an immediate vote. The agenda\\nfor such meetings shall be available three days prior to the meetings\\nand shall be considered public records. Five members attending shall\\nconstitute a quorum for the transaction of business and the act of a\\nmajority of the members present at any meeting shall be the act of the\\ncouncil.\\n 3. Subject to the general management, supervision, control and\\napproval of, and in accordance with rules established by the state\\nuniversity trustees, the council of each state-operated institution\\nshall, with respect to the institution or institutions for which it\\nserves, exercise the following powers:\\n a. recommend to the state university trustees candidates for\\nappointment by the state university trustees as head of such\\ninstitution;\\n b. review all major plans of the head of such institution for its more\\neffective operation and make such recommendations with respect thereto\\nas it deems appropriate. Such plans shall be submitted for approval by\\nthe state university trustees, together with the recommendations of the\\ncouncil with respect thereto. The state university trustees shall\\ndetermine what constitute such major plans, which are hereby generally\\ndefined to include, among others, plans for the appraisal or improvement\\nof the faculty and other personnel, expansion or restriction of student\\nadmissions, appraisal or improvement of academic programs and of\\nstandards for the earning of degrees, expansion of institutional plants\\nand appraisal or improvement of student activities and housing;\\n c. make regulations governing the care, custody and management of\\nlands, grounds, buildings and equipment;\\n d. review the proposed budget requests for such institution prepared\\nby the head thereof and recommend to the state university trustees a\\nbudget for such institution;\\n e. foster the development of advisory citizens committees to render\\nsuch assistance as the council may request, and to appoint the members\\nof such citizens' committees. Members of such citizens' committees shall\\nreceive no compensation for their services but shall be reimbursed for\\nthe expenses actually and necessarily incurred by them in the\\nperformance of their duties;\\n f. name buildings and grounds;\\n g. make regulations governing the conduct and behavior of students;\\n h. prescribe for and exercise supervision over student housing and\\nsafety;\\n i. make an annual report to the state university trustees on or before\\nSeptember first of each year, and report to them from time to time on\\nany matter it believes requires their attention;\\n j. perform such other powers and duties as may be authorized or\\nrequired by the state university trustees by general rules or special\\ndirectives; and\\n k. make and establish, and from time to time alter and amend, such\\nregulations pertaining to the affairs of its institution, not\\ninconsistent with law or the rules of the state university trustees, as\\nmay be necessary or appropriate to carry out effectively the foregoing\\npowers and duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "357", "title" : "Statutory or contract colleges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "357", "activeDate" : "2014-09-22", "sequenceNo" : 232, "repealedDate" : null, "fromSection" : "357", "toSection" : "357", "text" : " § 357. Statutory or contract colleges. Statutory or contract colleges\\nshall continue to be operated pursuant to the provisions of this chapter\\nbut such colleges shall be subject to the general supervision of the\\nstate university trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "358", "title" : "State aid for certain higher educational institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "358", "activeDate" : "2014-09-22", "sequenceNo" : 233, "repealedDate" : null, "fromSection" : "358", "toSection" : "358", "text" : " § 358. State aid for certain higher educational institutions. 1.\\nState financial assistance may be provided for designated shares of\\ncapital expenditures or operating expenditures or both to the following\\ntypes of institutions operating in conjunction with the state university\\nprogram:\\n a. Medical schools, dental schools, research centers and similar\\ninstitutions or facilities operating specified training or research\\nprograms or projects pursuant to contracts with the state university.\\nThe state university is hereby authorized to enter into such contracts\\nwith the city university of New York. The acceptance of any such\\nfinancial assistance or the making of any such contract by or on behalf\\nof a medical school, dental school, research center or similar\\ninstitution or facility shall not subject it or its programs to\\nsupervision, control or regulation by the state university trustees\\nexcept to the extent that such supervision, control or regulation are\\nexpressly stated in the contract.\\n b. Community colleges.\\n c. Post-secondary technical vocational training institutions which are\\npartly supported by a municipality or board of education and partly\\nsupported by an educational foundation for an industry chartered by the\\nboard of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "359", "title" : "Reports of the state university trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-21", "2017-07-21", "2017-08-18" ], "docLevelId" : "359", "activeDate" : "2014-09-22", "sequenceNo" : 234, "repealedDate" : null, "fromSection" : "359", "toSection" : "359", "text" : " § 359. Reports of the state university trustees. 1. The trustees of\\nthe state university shall make, on or before January first of each\\nyear, an annual report of its activities and such recommendations as it\\nmay deem appropriate to the board of regents, the governor, the state\\ncomptroller and the legislature. This annual report shall include a\\nsummary of state university's (1) operations and accomplishments; and\\n(2) revenues and expenditures, in accordance with the categories or\\nclassifications established by the trustees of the state university for\\noperating and capital outlay purposes. A copy of such report shall also\\nbe transmitted to the council of each state-operated institution.\\n 2. On the fifteenth day of September, November, January, March, May\\nand July of each year, the trustees of the state university shall submit\\nto the chairs of the senate finance committee and the assembly ways and\\nmeans committee and the director of the budget for informational\\npurposes, bi-monthly reports developed in consultation with the\\naforementioned chairs and director of all receipts and disbursements of\\nthe state university. These reports shall include but not be limited to:\\n a. a comparison of actual receipts and disbursements with the fiscal\\nyear expenditure and revenue plan;\\n b. an allocation of lump sums;\\n c. an allocation of lump sum positions;\\n d. the reallocation between campuses of personal service based upon\\nfull-time equivalent positions;\\n e. transfers to other than personal service and temporary service;\\n f. campus allocation changes; and\\n g. identification of any revenue shortfalls, deficiencies, surpluses,\\nor budgetary actions by the governor.\\n 3. The trustees of the state university shall submit to the governor,\\nthe state comptroller and the legislature, within one hundred twenty\\ndays after the close of each state university fiscal year, an annual\\nfinancial statement which has been audited by an independent certified\\npublic accountant and prepared in accordance with generally accepted\\naccounting principles as prescribed by the state comptroller.\\n 4. On the fifteenth day of February, May, August and November of each\\nyear, the state university shall provide the chairs of the senate\\nfinance committee and the assembly ways and means committee and the\\ndirector of the budget with: (a) quarterly reports summarizing all\\nexpenditures from and status of the health care account and the\\ncontractual reserve account authorized by subdivision eight-a of section\\nthree hundred fifty-five of this article; and (b) a list of networks in\\nwhich state university health care facilities are participating.\\n * 5. The state university trustees shall conduct a study regarding the\\neffectiveness and functionality of the New York state tuition assistance\\nprogram, which shall consider a variety of factors including, but not\\nlimited to, the costs associated with pursuing a degree in undergraduate\\nstudy, current tuition assistance program thresholds and award levels,\\ncurrent eligibility criteria to qualify for an award under the tuition\\nassistance program, and any other information the trustees determine to\\nbe relevant. The study shall also include recommendations to improve the\\ntuition assistance program to better meet the future financial aid needs\\nof students who reside in New York state and to ensure continued access\\nand affordability of the state university of New York. The study shall\\nbe submitted to the governor, the temporary president of the senate, the\\nspeaker of the assembly, the director of the division of the budget, the\\nsenate finance committee, the assembly ways and means committee and the\\nhigher education committees of the legislature on or before October\\nfirst, two thousand thirteen. In addition, the state university shall\\nannually examine and report on each state-operated campus' efforts to\\npromote fiscal stability for the duration of the five year tuition plan\\nby implementing cost saving measures and increasing fundraising efforts.\\nFurther, the trustees shall periodically review their patent policies to\\nensure competitiveness, and shall annually report on how the revenue\\ngenerated by this paragraph has helped retain and grow full-time faculty\\nand increase program availability. The University Centers shall also\\nreport annually to the state university trustees on how research revenue\\nyields quantifiable results for each of the four campuses and state\\nuniversity of New York at Buffalo and state university of New York at\\nStony Brook shall additionally report on what each campus is doing to\\nmaintain their AAU status.\\n * NB Repealed July 1, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "360", "title" : "Powers to Regulate Traffic on University Grounds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-15", "2023-04-07" ], "docLevelId" : "360", "activeDate" : "2014-09-22", "sequenceNo" : 235, "repealedDate" : null, "fromSection" : "360", "toSection" : "360", "text" : " § 360. Powers to Regulate Traffic on University Grounds. 1. For the\\npurpose of providing for the safety and convenience of its students,\\nfaculty, employees, and visitors within and upon the property, roads,\\nstreets, and highways under the supervision and control of the state\\nuniversity, the board of trustees is hereby authorized to:\\n a. Adopt and enforce such provisions of the vehicle and traffic law,\\nor any rules of the state department of transportation adopted under the\\nauthority of that law, as control or regulate vehicular or pedestrian\\ntraffic and parking.\\n b. Adopt and enforce such additional rules and regulations for the\\ncontrol of vehicular or pedestrian traffic and parking as local\\nauthorities are permitted to adopt and enforce pursuant to the vehicle\\nand traffic law.\\n c. Adopt and enforce campus rules and regulations not inconsistent\\nwith the vehicle and traffic law relating to parking, vehicular and\\npedestrian traffic, and safety. Such rules and regulations may include\\nprovisions for the disposition of abandoned vehicles, removal by towing\\nor otherwise of vehicles parked in violation of such rules at the\\nexpense of the owner, the payment of fees for the registration or\\nparking of such vehicles, provided that such campus rules and\\nregulations may provide that any veteran attending the state university\\nas a student shall be exempt from any fees for parking or registering a\\nmotor vehicle, and the assessment of administrative fines upon the owner\\nor operator of such vehicles for each violation of the regulations.\\nHowever, no such fine may be imposed without a hearing or an opportunity\\nto be heard conducted by an officer or board designated by the board of\\ntrustees. Such fines, in the case of an officer or employee of state\\nuniversity, may be deducted from the salary or wages of such officer or\\nemployee found in violation of such regulations, or in the case of a\\nstudent of state university found in violation of such regulations, the\\nuniversity may withhold his grades and transcripts until such time as\\nany fine is paid. For purposes of this subdivision, the term \"veteran\"\\nshall mean a member of the armed forces of the United States who served\\nin such armed forces in time of war and who was honorably discharged or\\nreleased under honorable circumstances from such service.\\n d. To erect, operate and maintain at the entrance or entrances to any\\nsuch grounds and at other appropriate points thereon or therein\\nappropriate control lights, signs and signals.\\n 2. A violation of any section of the vehicle and traffic law or of any\\nrule of the state department of transportation made applicable as\\nprovided in paragraphs a or b of subdivision one hereof, shall be a\\nmisdemeanor or traffic infraction as designated in such law or rules as\\nthe case may be, and shall be punishable as therein provided. Such laws,\\nrules and regulations shall be enforced, and violations thereof where\\ndesignated a misdemeanor or traffic infraction shall be punishable in\\nany court having jurisdiction in the territory in which such violations\\nshall occur.\\n 3. Notice of all such laws, rules, and regulations adopted or made\\napplicable pursuant to paragraphs a and b of subdivision one shall be\\ngiven by filing a copy of all such laws, rules and regulations in the\\noffice of the secretary of state, the office of the clerk of the city,\\ntown, or village where they may be enforced, and in the office of the\\ncampus security director or such other location as may be designated by\\nthe campus chief administrative officer. Notice of campus rules and\\nregulations adopted pursuant to paragraph c of subdivision one shall be\\ngiven by filing in the office of the campus security director or such\\nother location as may be designated by the campus chief administrative\\nofficer.\\n 4. The persons designated as police officers by the board of trustees,\\npursuant to paragraph l of subdivision two of section three hundred\\nfifty-five of this chapter, shall have the power among all other police\\npowers to issue a uniform traffic summons and complaint as provided in\\nthe vehicle and traffic law and simplified traffic informations as\\nprovided for in the criminal procedure law for traffic violations\\ncommitted within the geographical area of employment of such police\\nofficers, such informations to be administered pursuant to the\\nprovisions of article two-A of the vehicle and traffic law, where\\napplicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "361", "title" : "START-UP NY program leases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "361", "activeDate" : "2014-09-22", "sequenceNo" : 236, "repealedDate" : null, "fromSection" : "361", "toSection" : "361", "text" : " § 361. START-UP NY program leases. 1. Any lease or contract between a\\nstate university campus, city university campus or community college as\\ndefined in section four hundred thirty-one of the economic development\\nlaw and a business for the use of vacant land or vacant space owned or\\nleased by such state university campus, community college or city\\nuniversity campus in a tax-free NY area approved pursuant to article\\ntwenty-one of the economic development law shall provide:\\n (a) The term of the lease or contract.\\n (b) A requirement that any contract to which a campus or college is a\\nparty, and any contract entered into by a third party acting in place\\nof, on behalf of and for the benefit of the campus or college therein\\npursuant to any lease, permit or other agreement between such third\\nparty and the campus or college for the use of vacant land or vacant\\nspace owned or leased by the state university campus, community college\\nor city university campus for the construction, reconstruction,\\ndemolition, excavation, rehabilitation, repair, renovation, alteration\\nor improvement of a project shall be subject to all of the provisions of\\narticle eight of the labor law, including the enforcement of prevailing\\nwage requirements by the fiscal officer as defined in paragraph e of\\nsubdivision five of section two hundred twenty of the labor law to the\\nsame extent as a contract of the state, and shall be deemed a public\\nwork for purposes of such article.\\n (c) Whenever a party to any lease or contract for projects authorized\\npursuant to this section on lands leased or owned by the city university\\nof New York, enters into a contract under which employees are employed\\nto perform building service work, as that term is defined in section two\\nhundred thirty of the labor law, such work shall be subject to article\\nnine of the labor law to the same extent as building service work\\nperformed pursuant to a contract with a public agency.\\n (d) A requirement that for the purposes of article fifteen-A of the\\nexecutive law, any individual, public corporation or authority, private\\ncorporation, limited liability company or partnership or other entity\\nentering into a contract, subcontract, lease, grant, bond, covenant or\\nother agreement for a project undertaken by a business authorized\\npursuant to article twenty-one of the economic development law shall be\\ndeemed a state agency as that term is defined in such article and such\\ncontracts shall be deemed state contracts within the meaning of that\\nterm as set forth in such article, except that this paragraph shall not\\napply to any lease or contract entered into by a community college of\\nthe state university of New York or city university of New York.\\n (e) The metes and bounds or other applicable description that can be\\neasily identified, shared and verified by an independent third party of\\nthe vacant land or vacant space subject to the contract or lease.\\n (f) A requirement that any lease, contract or other agreement shall\\ninclude an indemnity provision whereby the lessee or sublessee promises\\nto indemnify, hold harmless, and defend the lessor against all claims,\\nsuits, actions, and liability to all persons on the leased premises,\\nincluding tenant, tenant's agents, contractors, subcontractors,\\nemployees, customers, guests, licensees, invitees, and members of the\\npublic, for damage to any such person's property, whether real or\\npersonal, or for personal injuries arising out of tenant's use or\\noccupation of the demised premises.\\n (g) A requirement that upon the expiration of the lease or agreement\\ncovering property owned by the campus or college the demised premises\\nand any improvements thereon shall revert to the campus or college,\\nunless the lease is renewed.\\n (h) A requirement that in the event the demised premises shall cease\\nto be used for the purposes described in the lease or contract covering\\nproperty owned by the campus or college, the lease or contract shall\\nterminate on the thirtieth day after notice of such termination is\\nmailed to the business, the demised premises and any improvements\\nthereon shall revert to the campus or college.\\n (i) A requirement that any and all proceeds relating to the lease or\\ncontract shall be allocated by the board of trustees to the campus or\\ncollege for which such contract or lease applies, deposited in the\\ngeneral fund of such campus or college, and used for purposes including\\nbut not limited to student financial aid for students who are eligible\\nto receive a tuition assistance award or supplemental tuition assistance\\npursuant to section six hundred sixty-seven or six hundred sixty-seven-a\\nof the education law and to support additional full-time faculty\\npositions.\\n 2. For the purposes of this section and for the purposes of any lease\\nor contract authorized pursuant to this section: \"project\" shall mean\\ncapital improvement work on real property under the jurisdiction of the\\ncampus or college to be subject to any lease, transfer or conveyance,\\nother than conveyance of title. Such capital improvement work shall\\ninclude the design, construction, reconstruction, demolition,\\nexcavation, rehabilitation, repair, renovation, alteration or\\nimprovement of real property under the jurisdiction of the campus or\\ncollege.\\n 3. A party to any lease or contract authorized pursuant to this\\nsection may require a contractor awarded a contract, subcontract, lease,\\ngrant, bond, covenant or other agreement for a project to enter into a\\nproject labor agreement pursuant to section two hundred twenty-two of\\nthe labor law during and for the work involved with such project when\\nsuch requirement is part of such party's request for proposals for the\\nproject and when the party determines that the record supporting the\\ndecision to enter into such an agreement establishes that the interests\\nunderlying the competitive bidding laws are best met by requiring a\\nproject labor agreement including: obtaining the best work at the lowest\\npossible price; preventing favoritism, fraud and corruption; the impact\\nof delay; the possibility of cost savings; and any local history of\\nlabor unrest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "364", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364", "activeDate" : "2014-09-22", "sequenceNo" : 237, "repealedDate" : null, "fromSection" : "364", "toSection" : "364", "text" : " § 364. Separability. If any clause, sentence, subdivision, paragraph,\\nsection or part of this article be adjudged by any court of competent\\njurisdiction to be invalid, such judgment shall not affect, impair or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, subdivision, paragraph, section or part thereof\\ndirectly involved in the controversy in which said judgment shall have\\nbeen rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "365", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "365", "activeDate" : "2014-09-22", "sequenceNo" : 238, "repealedDate" : null, "fromSection" : "365", "toSection" : "365", "text" : " § 365. Construction. The powers enumerated in this article shall be\\ninterpreted broadly to effectuate the purposes thereof and shall not be\\nconstrued as a limitation of powers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A8-A", "title" : "State University Construction Fund", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-A", "activeDate" : "2014-09-22", "sequenceNo" : 239, "repealedDate" : null, "fromSection" : "370", "toSection" : "384", "text" : " ARTICLE 8-A\\n STATE UNIVERSITY CONSTRUCTION FUND\\nSection 370. Definitions.\\n 371. State university construction fund.\\n 372. Purposes of fund.\\n 372-a. University-related economic development facilities.\\n 373. General powers and duties of fund.\\n 373-a. Jurisdiction in actions by, against or involving the\\n fund.\\n 374. Relationship with state university.\\n 375. Capital construction planning.\\n 376. Letting of construction contracts.\\n 376-a. Notices of claim and commencement of actions against the\\n fund.\\n 377. Resources of fund.\\n 378. Lease agreements.\\n 379. Transfer of jurisdiction to state university.\\n 380. Tax exemption of moneys and property of fund.\\n 381. Cooperation and assistance from other state agencies.\\n 382. Annual report of trustees.\\n 383. Article not affected if in part unconstitutional or\\n ineffective.\\n 384. Inconsistent provisions of other laws superseded.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "370", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-05-03", "2024-05-31", "2025-01-03" ], "docLevelId" : "370", "activeDate" : "2014-09-22", "sequenceNo" : 240, "repealedDate" : null, "fromSection" : "370", "toSection" : "370", "text" : " § 370. Definitions. As used or referred to in this article, unless a\\ndifferent meaning clearly appears from the context:\\n 1. \"Comptroller\" shall mean the state comptroller.\\n 2. \"Director of the budget\" shall mean the state director of the\\nbudget.\\n 3. \"Dormitory\" shall mean a housing unit or any emergency temporary\\nhousing, with necessary and usual attendant and related facilities and\\nequipment, for the use of students, faculty and staff, and their\\nfamilies, at a state-operated institution or statutory or contract\\ncollege under the jurisdiction of the state university.\\n 4. \"Facility\" shall mean a classroom, lecture hall, library,\\nlaboratory or other academic building, a dormitory, or any structure on\\nor improvement to real property of any kind or description, including\\nfixtures and equipment which are an integral part of any such building,\\nstructure or improvement, a walkway or roadway, and improvements and\\nconnections for water, sewer, gas, electrical, telephone, heating, air\\nconditioning and other utility services, at a state-operated institution\\nor statutory or contract college under the jurisdiction of the state\\nuniversity.\\n 5. \"Federal government\" shall mean the United States of America, and\\nany officer, department, board, commission, bureau, division,\\ncorporation, agency or instrumentality thereof.\\n 6. \"Fund\" shall mean the state university construction fund created by\\nsubdivision one of section three hundred seventy-one of this chapter.\\n 7. \"Letting agency\" shall mean (i) the dormitory authority or other\\nstate agency which by agreement with the fund is to award the contracts\\nfor a particular construction, acquisition, reconstruction,\\nrehabilitation or improvement project, or (ii) the fund if it is to\\naward such contracts.\\n 8. \"Real property\" shall mean lands, waters, rights in lands or\\nwaters, structures, franchises and interests in land, including lands\\nunder water and riparian rights, and any and all other things and rights\\nusually included within the same term and includes also any and all\\ninterests in such property less than full title, such as easements\\npermanent or temporary, rights-of-way, uses, leases, licenses and all\\nother incorporeal hereditaments in every estate, interest or right,\\nlegal or equitable.\\n 9. \"State\" shall mean the state of New York.\\n 10. \"State agency\" shall mean any officer, department, board,\\ncommission, bureau, division, public benefit corporation, agency or\\ninstrumentality of the state.\\n 11. \"State-operated institutions\" shall mean institutions comprising\\nthe state university as provided for in subdivision three of section\\nthree hundred fifty-two of this chapter but not including statutory or\\ncontract colleges.\\n 12. \"State retirement systems\" shall mean (i) the New York state\\nteachers' retirement system provided for in section five hundred two of\\nthis chapter and (ii) the New York state employees' retirement system\\nprovided for in section ten of the retirement and social security law.\\n 13. \"State university\" shall mean the state university of New York as\\ndefined in section three hundred fifty of this chapter.\\n 14. \"Statutory or contract colleges\" shall mean colleges furnishing\\nhigher education, operated by private institutions on behalf of the\\nstate pursuant to statute or contractual agreements; provided that an\\ninstitution not otherwise a statutory or contract college shall not\\nbecome a statutory or contract college because of its receipt of state\\nfunds or financial assistance pursuant to section three hundred\\nfifty-eight of this chapter, or by entering into any contract pursuant\\nto that section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "371", "title" : "State university construction fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "371", "activeDate" : "2014-09-22", "sequenceNo" : 241, "repealedDate" : null, "fromSection" : "371", "toSection" : "371", "text" : " § 371. State university construction fund. 1. There is hereby created\\nwithin the state university the \"state university construction fund\".\\nThe fund shall be a corporate governmental agency constituting a public\\nbenefit corporation. It shall be administered by three trustees\\nappointed by the governor, one of whom shall at all times be a state\\nuniversity trustee. The trustees other than the state university trustee\\nshall be appointed with the advice and consent of the senate.\\n 2. The trustees of the fund first appointed by the governor shall\\nserve for terms ending December thirty-first, in nineteen hundred\\nsixty-four, nineteen hundred sixty-six and nineteen hundred sixty-eight,\\nrespectively. Persons appointed for full terms as their successors shall\\nserve for six years each commencing as of the January first next\\nfollowing the year in which the term of his predecessor expired. In the\\nevent of a vacancy occurring in the office of a trustee by death,\\nresignation or otherwise, the governor shall appoint a successor in the\\nsame manner as an original appointment to serve for the balance of the\\nunexpired term. A vacancy shall be deemed to have occurred whenever the\\ntrustee of the fund who is a state university trustee ceases to be a\\nstate university trustee.\\n 3. The trustees of the fund shall serve without salary, but each\\ntrustee shall be entitled to reimbursement for his actual and necessary\\nexpenses incurred in the performance of his official duties.\\n 4. The trustees of the fund may engage in private employment, or in a\\nprofession or business, subject to the limitations contained in sections\\nseventy-three and seventy-four of the public officers law. The fund\\nshall, for the purposes of such sections, be a \"state agency\", the\\ntrustees thereof shall be \"officers\" of the agency for the purposes of\\nsaid sections, and the trustees, officers and other persons in the\\nemployment of the fund shall be \"employees\" for the purposes of\\nsubdivision one of section seventeen of the public officers law.\\n 5. Notwithstanding any inconsistent provisions of law, general,\\nspecial or local, no officer or employee of the state, or of any civil\\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\\noffice or employment by reason of accepting appointment as a trustee of\\nthe fund.\\n 6. The governor may remove any trustee for inefficiency, neglect of\\nduty or misconduct in office after giving him a copy of the charges\\nagainst him, and an opportunity to be heard, in person or by counsel, in\\nhis defense, upon not less than ten days' notice. If any trustee shall\\nbe removed, the governor shall file with the secretary of state a\\ncomplete statement of charges made against the trustee, and his findings\\nthereon, together with a complete record of the proceedings.\\n 7. The chairman of the fund shall be designated by the governor, shall\\npreside over all its meetings and shall have such other duties as the\\ntrustees may direct. A vice-chairman who shall preside over all meetings\\nof the fund in the absence of the chairman and shall have such other\\nduties as the trustees may direct may be designated from time to time by\\nthe trustees from among the other trustees.\\n 8. The powers of the fund shall be vested in and exercised by no fewer\\nthan two of the trustees then in office. The fund may delegate to one or\\nmore of its trustees, or officers, agents and employees, such powers and\\nduties as it may deem proper; provided, however, that all contracts\\ninvolving an estimated expense of seventy-five thousand dollars or more\\nand all lease agreements to be entered into pursuant to section three\\nhundred seventy-eight of this article shall be approved prior to\\nexecution by no fewer than two trustees of the fund.\\n 9. The fund may appoint such officers, employees and agents as it may\\ndeem advisable, including a general manager to be the chief\\nadministrative officer of the fund, a counsel and a controller, and may\\nprescribe their duties and fix their compensation.\\n 10. Officers and employees of other state agencies may be transferred\\nto the fund and officers and employees of the fund may be transferred to\\nother state agencies without examination and without loss of any civil\\nservice status or rights. No such transfer, however, may be made except\\nwith the approval of the head of the other state agency involved, the\\ndirector of the budget and the chairman of the fund, and in compliance\\nwith the rules and regulations of the state civil service commission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "372", "title" : "Purposes of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372", "activeDate" : "2014-09-22", "sequenceNo" : 242, "repealedDate" : null, "fromSection" : "372", "toSection" : "372", "text" : " § 372. Purposes of fund. The purposes of the fund shall be to provide\\nacademic buildings, dormitories and other facilities including academic\\nincubator facilities and a pharmaceutical research, development which\\nmay also include a manufacturing facility for the state-operated\\ninstitutions and contract and statutory colleges under the jurisdiction\\nof the state university, to reduce the time lag between determination of\\nneed for such facilities and actual occupancy thereof, to expedite the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof such facilities and to assure that the same are ready for the\\npurposes intended when needed and when scheduled under the approved\\nmaster plan of the state university; with respect to university-related\\neconomic development projects authorized by law pursuant to section\\nthree hundred seventy-two-a of this article, to act as agent for the\\nstate university or for a foundation or other not-for-profit entity\\ncreated by or for the state university. In addition to any other\\napproval or permit otherwise required by law, the fund shall not\\nconstruct any new project or facility on a campus of the state\\nuniversity unless the said project or facility has been approved by the\\nstate university trustees and has been specifically and expressly\\nauthorized by such section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "372-A", "title" : "University-related economic development facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372-A", "activeDate" : "2014-09-22", "sequenceNo" : 243, "repealedDate" : null, "fromSection" : "372-A", "toSection" : "372-A", "text" : " § 372-a. University-related economic development facilities. 1.\\nNotwithstanding subdivisions one through six and eight through ten of\\nsection three hundred seventy-six of this article, the provisions of\\nthis section shall apply to the fund when it acts pursuant to the\\nauthorization under this section. Pursuant to the authorization in this\\nsection and approval by the trustees of the university, the fund may\\nacquire, design, construct, reconstruct, rehabilitate, improve, lease,\\nmanage and/or operate university-related economic development\\nfacilities. University-related economic development facilities, as used\\nin this chapter, shall mean facilities for research, development and\\ncommercial enterprises dealing in products and/or services related to\\nthe mission or academic specialties of the campus associated with such\\nfacilities, or dealing in support products or services for such\\nenterprises which will have a significant economic benefit. Consistent\\nwith such authorization, the state university trustees are authorized to\\nenter into contracts or leases for lands and facilities authorized in\\nsubdivision two of this section. Such leases or contracts shall be for\\nthe development, construction, and operation of such facilities by the\\nfund. Construction, acquisition, rehabilitation, improvement, facilities\\noperation management, mortgaging with any private lender (including\\nother security or financing arrangements incidental or related thereto\\nor customary in connection therewith, leasehold mortgaging or assignment\\nof rents) leasing, subleasing of, providing services for or otherwise\\nassisting or granting of easements, licenses or other arrangements in\\nregard to such facilities and underlying land may be provided from time\\nto time without public bidding or sale by such contracts or leases (and\\nreplacements, modifications, substitutions and renewals thereof) and\\nupon such terms as the trustees may approve provided, however, that:\\n a. No contract or lease for real property shall provide for a fee\\nsimple conveyance, or be for a period of greater than thirty years; each\\nsuch contract or lease shall be approved by the attorney general, as to\\nform, the director of the budget and the comptroller of the state of New\\nYork;\\n b. In the event the real property which is the subject of such lease\\nor contract shall cease to be used for the purposes authorized by this\\nsection and at the expiration of such contract or lease in any event,\\nsuch property and the improvements thereon shall revert to the state\\nuniversity of New York, and any such lease or contract shall be made\\nsubject to such conditions, and provide for such reverter;\\n c. The authorization of any facilities or projects in this section\\nshall expire and be of no further force and effect, unless the approval\\nof the trustees of the university occurs within three years of the\\neffective date thereof;\\n d. Any contracts or leases entered into by the trustees of the state\\nuniversity of New York pursuant to this section shall require the lessee\\nor contracting not-for-profit corporation to comply with the\\nrequirements of article fifteen-A of the executive law. Any contract or\\nlease for construction, rehabilitation, or other improvement authorized\\nby this section entered into by the trustees shall require the lessee or\\ncontractor and/or subcontractor to comply with the requirements of\\nsection two hundred twenty, two hundred thirty, two hundred thirty-one,\\ntwo hundred forty and two hundred forty-one of the labor law, where\\napplicable, as well as sections one hundred one and one hundred three of\\nthe general municipal law, where applicable;\\n e. The benefits to the region, state, and university community by the\\nestablishment of a high technology facility at the state university of\\nNew York shall be realized with no negative impact upon the employment\\nstatus of state university of New York employees or collective\\nbargaining units that represent such employees as a result of any\\ncontract or lease authorized by this section;\\n f. Any agreement, contract or lease authorized by this section shall\\ninclude an indemnity provision whereby the lessee or sublessee promises\\nto indemnify, hold harmless, and defend lessor against all claims,\\nsuits, actions, and liability, to all persons on the leased premises,\\nincluding tenants, tenants' agents, contractors, subcontractors,\\nemployees, customers, guests, licensees, invitees, and members of the\\npublic, for damage to any such person's property, whether real or\\npersonal, or for personal injuries arising out of tenants' use or\\noccupation of the demises premises;\\n g. Any such lease, contract or agreement authorized by this section\\nmust clearly define the purpose for which the land will be used\\nconsistent with the mission of the state university of New York and the\\nmission of the campus involved in such lease, contract or agreement; and\\n h. The fund shall report annually to the state university of New York,\\nthe governor, the speaker of the assembly and the temporary president of\\nthe senate, on each of the facilities and projects authorized by this\\nsection.\\n 2. Subsequent to the approval of the trustees of the state university,\\nthe following facilities are specifically and expressly authorized by\\nlaw and to the terms and conditions set forth herein:\\n a. Pharmaceutical technology/manufacturing building and an affiliated\\nacademic incubator at state university of New York college at\\nFarmingdale. The state university of New York is authorized to establish\\nan account to receive payments from leases of the pharmaceutical\\ntechnology/manufacturing building. Any payments deposited into this\\naccount may be transferred to the fund for payments related to design,\\nconstruction, reconstruction, rehabilitation or improvement of the\\naffiliated academic incubator authorized in this paragraph.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "373", "title" : "General powers and duties of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2021-04-23", "2023-01-06", "2023-03-10" ], "docLevelId" : "373", "activeDate" : "2014-09-22", "sequenceNo" : 244, "repealedDate" : null, "fromSection" : "373", "toSection" : "373", "text" : " § 373. General powers and duties of fund. The fund shall have the\\nfollowing powers in addition to those specifically conferred elsewhere\\nin this article:\\n 1. To sue and be sued;\\n 2. To have a seal and alter the same at pleasure;\\n 3. To make and alter by-laws for its organization and internal\\nmanagement;\\n 4. With the approval of the comptroller, to prescribe a system of\\naccounts;\\n 5. To make rules and regulations governing the exercise of its\\ncorporate powers and the fulfillment of its corporate purposes under\\nthis article, which rules and regulations shall be filed with the\\nsecretary of state in the manner provided by section one hundred two of\\nthe executive law;\\n 6. To accept jurisdiction over and to hold, use and improve, in\\naccordance with such terms and conditions as the fund and the state\\nuniversity shall determine, any or all real property acquired by the\\nstate university trustees in the name of the state for state university\\npurposes, together with such rights and privileges as may be incidental\\nand appurtenant thereto;\\n 7. To purchase, receive, lease or otherwise acquire in accordance with\\nthe requirements of article eleven of the state finance law personal\\nproperty necessary and convenient for its corporate purposes, provided\\nthat such personal property shall not be construed to include\\nfurnishings and equipment for completed facilities;\\n 8. To design, construct, acquire, reconstruct, rehabilitate and\\nimprove academic buildings, dormitories and other facilities for the\\nstate university in accordance with sections three hundred seventy-five\\nand three hundred seventy-six of this chapter;\\n 9. In connection with such design, construction, acquisition,\\nreconstruction, rehabilitation and improvement, (i) to install or cause\\nto be installed water, sewer, gas, electrical, telephone, heating, air\\nconditioning and other utility services, including appropriate\\nconnections, (ii) to construct or cause to be constructed walkways,\\nroadways and other improvements on adjacent real property made available\\nby the state university, and (iii) to landscape adjacent real property\\nor cause the same to be landscaped;\\n 10. To maintain, repair and keep up the real property held by it and\\nthe facilities constructed, acquired, reconstructed, rehabilitated or\\nimproved pursuant to this article until responsibility therefor is\\ntransferred to the state university in accordance with section three\\nhundred seventy-nine of this chapter;\\n 11. Subject to the terms of any lease or agreement with third parties,\\nwith respect to approved university-related economic development\\nfacilities or approved university related economic development projects\\nto develop, manage, operate, and/or lease, solely or in cooperation with\\none or more entities or individuals, or to surrender to the appropriate\\nstate official, for other public use or for sale, lease or other\\ndisposition in accordance with law, real property made available to the\\nfund for its corporate purposes by the state university whenever the\\nstate university trustees determine that such real property is\\nunnecessary for present or foreseeable future needs of the state\\nuniversity;\\n * 12. To procure and execute contracts, lease agreements, and all\\nother instruments necessary or convenient for the exercise of its\\ncorporate powers and the fulfillment of its corporate purposes under\\nthis article. Notwithstanding subdivision two of section one hundred\\ntwelve of the state finance law or any other law to the contrary, fund\\nprocurements shall not be subject to the prior approval of any state\\nofficer or agency;\\n * NB Effective until June 30, 2016\\n * 12. To make and execute contracts, lease agreements, and all other\\ninstruments necessary or convenient for the exercise of its corporate\\npowers and the fulfillment of its corporate purposes under this article;\\n * NB Effective June 30, 2016\\n 13. To procure insurance against any loss in connection with any\\nfacility leased to the fund under section three hundred seventy-eight of\\nthis chapter, in such amounts, and from such insurers, as it deems\\ndesirable;\\n 14. To act as agent for, or to assist generally, the attorney general\\nand the state commissioner of transportation in making land surveys,\\ntopographical surveys and valuation appraisals of real property sought\\nto be acquired by the state university trustees;\\n 15. To engage the services of construction, engineering,\\narchitectural, legal and financial consultants, surveyors and\\nappraisers, on a contract basis or as employees, for professional\\nservice and technical assistance and advice; and\\n 16. To do any and all things necessary or convenient to carry out its\\ncorporate purposes and exercise the powers given and granted to it in\\nthis article.\\n * 17. To construct, design/build (using a competitive selection\\nprocess with due consideration of cost), develop, manage, lease and/or\\noperate real property and facilities made available to the fund for its\\ncorporate purposes by the state university related to academic incubator\\nfacilities and a pharmaceutical research, development, which may also\\ninclude a manufacturing facility located at the state university New\\nYork college of technology at Farmingdale.\\n * NB There are 2 sub 17's\\n * 17. To construct, design/build, develop, manage and/or operate real\\nproperty and facilities made available to the fund for its corporate\\npurposes by the state university related to academic incubator and\\napproved university-related economic development facilities;\\n * NB There are 2 sub 17's\\n * 18. To receive or acquire by gift, purchase or otherwise, real and\\npersonal property, or services or other aid, including any reimbursement\\nallowance offered or made available by any person, government agency or\\ncorporation, including, but not limited to, any foundation or other\\nnot-for-profit entity and to receive and use money from any source,\\nincluding, but not limited to the dormitory authority of the state of\\nNew York, or any other private or public source for the site acquisition\\nand construction of a pharmaceutical research, development, which may\\nalso include a manufacturing facility at the state university of New\\nYork college of technology at Farmingdale.\\n * NB There are 2 sub 18's\\n * 18. With respect to approved university-related economic development\\nfacilities, to act as agent for, and execute the powers of, a foundation\\nor other not-for-profit entity created by or for the state university;\\nand\\n * NB There are 2 sub 18's\\n 19. To receive or acquire by gift, purchase or otherwise, real and\\npersonal property, or services or other aid, including any reimbursement\\nallowance offered or made available by any person, government agency or\\ncorporation, including, but not limited to, any foundation or other\\nnot-for-profit entity and to receive and use money from any source,\\nincluding, but not limited to the dormitory authority of the state of\\nNew York, or any other private or public source for the site acquisition\\nand construction of approved university-related economic development\\nfacilities as set forth in section three hundred seventy-two-a of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "373-A", "title" : "Jurisdiction in actions by, against or involving the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "373-A", "activeDate" : "2014-09-22", "sequenceNo" : 245, "repealedDate" : null, "fromSection" : "373-A", "toSection" : "373-A", "text" : " § 373-a. Jurisdiction in actions by, against or involving the fund.\\nThe state supreme court shall have exclusive jurisdiction of any action,\\nwhere the amount sought to be recovered, exclusive of interest and\\ncosts, exceeds ten thousand dollars, brought by or against or involving\\nthe fund. The venue of any such action shall be determined in\\naccordance with the provisions of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "374", "title" : "Relationship with state university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374", "activeDate" : "2014-09-22", "sequenceNo" : 246, "repealedDate" : null, "fromSection" : "374", "toSection" : "374", "text" : " § 374. Relationship with state university. In order the most\\neffectively to carry out its corporate purposes, the fund shall assist\\nand cooperate with and shall make its personnel and services fully\\navailable to the state university in matters relating to the discharge\\nof the capital planning responsibilities and land acquisition program of\\nthe state university. During the course of construction, acquisition,\\nreconstruction, rehabilitation and improvement of facilities for the\\nstate university, the fund shall consult with the state university as\\nthe work progresses in matters relating to changes in space\\nrequirements, site plans, architectural concept, and detailed plans and\\nspecifications and in matters relating to the materials, equipment and\\nsupplies needed to furnish and equip completed facilities. The state\\nuniversity for its part shall assist and cooperate with the fund in\\nmatters relating to such construction, acquisition, reconstruction,\\nrehabilitation and improvement, including the financing thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "375", "title" : "Capital construction planning", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "375", "activeDate" : "2014-09-22", "sequenceNo" : 247, "repealedDate" : null, "fromSection" : "375", "toSection" : "375", "text" : " § 375. Capital construction planning. 1. Construction standards. On or\\nbefore July first, nineteen hundred sixty-two, the state university\\ntrustees shall cause to be prepared with the assistance of the fund, the\\ndormitory authority, the state department of transportation and the\\ndivision of the budget, proposed standards for all facilities or classes\\nof facilities to be constructed, acquired, reconstructed, rehabilitated\\nor improved for the state university pursuant to contracts executed on\\nor after a date thirty days subsequent to the effective date of such\\nstandards. The proposed standards may, in the discretion of the state\\nuniversity trustees, include, among other things, provisions relating to\\nthe quality and type of materials to be used in such facilities,\\nprovisions for safety, fire protection, health and sanitation,\\nprovisions for the installation of fixtures and equipment in such\\nfacilities and construction features deemed by the state university to\\nbe desirable for academic use or for habitability. The proposed\\nstandards shall be reviewed by the state university trustees and shall\\nbe subject to their approval, disapproval or modification on or before\\nAugust first, nineteen hundred sixty-two and in the form approved, shall\\nbe forwarded to the governor for his further approval, disapproval or\\nmodification within thirty days thereafter. The proposed standards shall\\nbe deemed adopted, with or without modifications as the case may be,\\nupon (i) written approval by the governor or (ii) the expiration of\\nthirty days after receipt of the proposed standards by the governor from\\nthe state university trustees, whichever occurs first. The effective\\ndate of such standards shall be September first, nineteen hundred\\nsixty-two. Such standards, in the form adopted, shall be filed by the\\nstate university with the secretary of state in the manner provided by\\nsection one hundred two of the executive law.\\n Changes in the construction standards so adopted may from time to time\\nbe formulated and proposed, reviewed, approved, disapproved or modified,\\nadopted and filed in the same manner as the original standards.\\n 2. Design. The fund shall prepare, or cause to be prepared, within the\\namounts appropriated therefor or otherwise available, the building\\nplans, the exterior drawings or models displaying the architectural\\nconcept of the facility, and the detailed plans and specifications for\\nall construction, acquisition, reconstruction, rehabilitation and\\nimprovement work to be performed at state-operated institutions or\\nstatutory or contract colleges under the jurisdiction of the state\\nuniversity. The fund may cause the building plans, drawings, models and\\ndetailed plans and specifications for such work to be prepared under the\\ndirection of the letting agency in accordance with the terms of any\\nagreement entered into between the fund and such letting agency pursuant\\nto section three hundred seventy-six of this chapter.\\n The detailed plans and specifications for any such work to be\\nperformed pursuant to a contract executed on or after a date thirty days\\nsubsequent to the effective date of the construction standards adopted\\npursuant to subdivision one of this section shall comply with the\\nstandards in effect at the time the contract is executed.\\n Subject to the terms of any agreement entered into between the fund\\nand the letting agency pursuant to section three hundred seventy-six of\\nthis chapter, the fund may from time to time modify, or authorize\\nmodifications to, such detailed plans and specifications provided (i)\\nthat the plans and specifications as so modified shall comply with the\\nconstruction standards, if any, adopted pursuant to subdivision one of\\nthis section and in effect at the time of the modification, and (ii)\\nthat such modifications are made after consultation with the state\\nuniversity, and (iii) that in the event a contingency fund is\\nappropriated to the fund to pay the added costs during the then current\\nstate fiscal year of all modifications made in the course of\\nconstruction, acquisition, reconstruction, rehabilitation and\\nimprovement of facilities for the state university, no such modification\\nmay be made or authorized in such fiscal year without the approval of\\nthe director of the budget unless the cost thereof shall be less than\\nfive per centum of the total estimated cost of the facility as set forth\\nin the budget bill referred to in subdivision one of section three\\nhundred seventy-six of this chapter, but in no event shall any such\\nmodification be made or authorized in such fiscal year if the cost\\nthereof, plus the cost of all modifications theretofore made or\\nauthorized during the same state fiscal year, would exceed the amount of\\nthe contingency fund appropriated for the purpose of such modifications,\\nand (iv) that in the event a contingency fund is not appropriated for\\nthe purpose of such modifications, no such modification involving an\\nestimated expense of ten thousand dollars or more shall be made or\\nauthorized without the prior approval of the director of the budget.\\n 3. Municipal regulations. No county, city, town or village shall have\\npower to modify or change the plans or specifications for facilities to\\nbe constructed, acquired, reconstructed, rehabilitated or improved for\\nstate university purposes, or the construction, plumbing, heating,\\nlighting or other mechanical branch of work necessary to complete the\\nwork in question, nor to require that any person, firm or corporation\\nemployed on any such work shall perform such work in any other or\\ndifferent manner than that provided by such plans and specifications,\\nnor to require that any such person, firm or corporation obtain any\\nother or additional authority or permit from such county, city, town or\\nvillage as a condition of doing such work, nor shall any condition\\nwhatever be imposed by any such county, city, town or village in\\nrelation to the work being done pursuant to this article, but such work\\nshall be under the sole control of the supervising architect or engineer\\nin accordance with the drawings, plans, specifications and contracts in\\nrelation thereto; and the doing of any such work for the fund by any\\nperson, firm or corporation in accordance with the terms of such\\ndrawings, plans, specifications or contracts shall not subject said\\nperson, firm or corporation to any liability or penalty, civil or\\ncriminal, other than as may be stated in such contracts or incidental to\\nthe proper enforcement thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "376", "title" : "Letting of construction contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2021-04-23", "2024-05-03", "2024-05-31", "2025-01-03", "2026-05-29" ], "docLevelId" : "376", "activeDate" : "2014-09-22", "sequenceNo" : 248, "repealedDate" : null, "fromSection" : "376", "toSection" : "376", "text" : " § 376. Letting of construction contracts. 1. After May first, nineteen\\nhundred sixty-two, the fund as agent for the state university shall\\nconstruct, acquire, reconstruct, rehabilitate and improve, or cause to\\nbe constructed, acquired, reconstructed, rehabilitated and improved, all\\nacademic buildings, dormitories and other facilities to be constructed,\\nacquired, reconstructed, rehabilitated or improved at state-operated\\ninstitutions or statutory or contract colleges under the jurisdiction of\\nthe state university, provided that legislation or appropriations\\nauthorizing the same (i) have been requested by the state university\\ntrustees, (ii) have been recommended by the governor in a budget bill\\nrelating to a state fiscal year commencing on or after April first,\\nnineteen hundred sixty-two which specifies the facilities to be\\nconstructed, acquired, reconstructed, rehabilitated or improved and the\\ntotal estimated cost for each such facility, and (iii) have been\\napproved by the legislature for such state fiscal year. With respect to\\nstate fiscal years commencing on or after April first, nineteen hundred\\nsixty-three, the budget bill referred to in the preceding sentence shall\\ninclude in addition to the items stated the date when it is desired that\\nthe construction, acquisition, reconstruction, rehabilitation or\\nimprovement of each facility referred to therein be completed, and all\\nwork for such purposes shall be performed in such manner as to assure\\ncompletion, so far as practicable, by the dates specified.\\n 2. The fund may construct, acquire, reconstruct, rehabilitate and\\nimprove such facilities, other than dormitories, by its own employees,\\nby agreement with a state retirement system or any state agency\\nauthorized to perform such work, or by contract awarded pursuant to\\nsubdivision eight of this section.\\n 3. The fund may construct, acquire, reconstruct, rehabilitate and\\nimprove dormitories only by agreement with the dormitory authority\\nestablished under title four of the public authorities law, except that\\nif the dormitory authority indicates its unwillingness to enter into\\nsuch an agreement with the fund for such purpose, the fund may\\nconstruct, acquire, reconstruct, rehabilitate and improve such\\ndormitories by its own employees, by agreement with a state retirement\\nsystem or any state agency (other than the dormitory authority)\\nauthorized to perform such work, or by contract awarded pursuant to\\nsubdivision eight of this section, subject, however, to the rights of\\nholders of outstanding bonds and notes of the dormitory authority with\\nrespect to existing dormitories.\\n 4. In the event that the dormitory authority enters into an agreement\\nwith the fund for construction, acquisition, reconstruction,\\nrehabilitation or improvement of a facility for the state university, it\\nshall perform the work required or cause the work required to be\\nperformed in accordance with the terms of such agreement either by its\\nown employees or by contract awarded pursuant to the provisions of title\\nfour of the public authorities law. In the event any state agency other\\nthan the dormitory authority enters into an agreement with the fund for\\nsuch work it shall perform the same either by its own employees or by\\ncontract awarded pursuant to subdivision eight of this section.\\n 5. No contract for the construction, acquisition, reconstruction,\\nrehabilitation or improvement of academic buildings, dormitories and\\nother facilities shall be awarded by any letting agency unless the state\\nuniversity trustees shall have approved the architectural concept of the\\nfacility to be constructed, acquired, reconstructed, rehabilitated or\\nimproved and unless the fund shall have approved the proposed terms of\\nsuch contract, including the detailed plans and specifications for such\\nfacility.\\n 6. Each contract for the construction, acquisition, reconstruction,\\nrehabilitation or improvement of academic buildings, dormitories and\\nother facilities shall include a provision that the architect who\\ndesigned the facility, or an architect or engineer, or, for projects\\nauthorized by section three hundred seventy-two-a of this article a\\nconstruction manager or other consultant, retained specifically for the\\npurpose of supervision, shall supervise the work to be performed through\\nto completion and shall see to it that the materials furnished and the\\nwork performed are in accordance with the drawings, plans,\\nspecifications and contract therefor.\\n 7. Any letting agency may in its discretion award one contract for all\\nthe work to be performed in construction, acquisition, reconstruction,\\nrehabilitation or improvement without separate and independent bidding\\nor letting on subdivisions of work to be performed.\\n 8. * All contracts which are to be awarded pursuant to this\\nsubdivision shall be awarded by public letting in accordance with the\\nfollowing provisions, notwithstanding any contrary provision of section\\none hundred thirty-five, one hundred thirty-six, one hundred thirty-nine\\nor one hundred forty of the state finance law or any other law,\\nprovided, however, that where the estimated expense of any contract\\nwhich may be awarded pursuant to this subdivision is less than two\\nhundred fifty thousand dollars, a performance bond and a bond for the\\npayment of labor and material may, in the discretion of the fund, not be\\nrequired, and except that in the discretion of the fund, a contract may\\nbe entered into for such purposes without public letting where the\\nestimated expense thereof is less than twenty thousand dollars, or where\\nin the judgment of the fund an emergency condition exists as a result of\\ndamage to an existing academic building, dormitory or other facility\\nwhich has been caused by an act of God, fire or other casualty, or any\\nother unanticipated, sudden and unexpected occurrence, that has resulted\\nin damage to or a malfunction in an existing academic building,\\ndormitory or other facility and involves a pressing necessity for\\nimmediate repair, reconstruction or maintenance in order to permit the\\nsafe continuation of the use or function of such facility, or to protect\\nthe facility or the life, health or safety of any person, and the nature\\nof the work is such that in the judgment of the fund it would be\\nimpractical and against the public interest to have public letting;\\nprovided, however, that the fund, prior to awarding a contract hereunder\\nbecause of an emergency condition notify the comptroller of its intent\\nto award such a contract:\\n * NB Effective until June 30, 2016\\n * All contracts which are to be awarded pursuant to this subdivision\\nshall be awarded by public letting in accordance with the following\\nprovisions, notwithstanding any contrary provision of section one\\nhundred thirty-five, one hundred thirty-six, one hundred thirty-nine or\\none hundred forty of the state finance law, provided, however, that\\nwhere the estimated expense of any contract which may be awarded\\npursuant to this subdivision is less than fifty thousand dollars, a\\nperformance bond and a bond for the payment of labor and material may,\\nin the discretion of the fund, not be required, and except that in the\\ndiscretion of the fund, a contract may be entered into for such purposes\\nwithout public letting where the estimated expense thereof is less than\\ntwenty thousand dollars, or where in the judgment of the fund an\\nemergency condition exists as a result of damage to an existing academic\\nbuilding, dormitory or other facility which has been caused by an act of\\nGod, fire or other casualty, or any other unanticipated, sudden and\\nunexpected occurrence, that has resulted in damage to or a malfunction\\nin an existing academic building, dormitory or other facility and\\ninvolves a pressing necessity for immediate repair, reconstruction or\\nmaintenance in order to permit the safe continuation of the use or\\nfunction of such facility, or to protect the facility or the life,\\nhealth or safety of any person, and the nature of the work is such that\\nin the judgment of the fund it would be impractical and against the\\npublic interest to have public letting; provided, however, that the\\nfund, prior to awarding a contract hereunder because of an emergency\\ncondition notify the comptroller of its intent to award such a contract:\\n * NB Effective June 30, 2016\\n a. If contracts are to be publicly let, the letting agency shall\\nadvertise the invitation to bid in a newspaper published in the city of\\nAlbany and in such other newspapers as will be most likely in its\\nopinion to give adequate notice to contractors of the work required and\\nof the invitation to bid provided, however, that where the estimated\\nexpense of any contract which may be awarded pursuant to this\\nsubdivision is less than fifty thousand dollars, the letting agency may\\nadvertise the invitation to bid solely through the procurement\\nopportunities newsletter published pursuant to section one hundred\\nforty-two of the economic development law. The invitation to bid shall\\ncontain such information as the letting agency shall deem appropriate\\nand a statement of the time and place where all bids received pursuant\\nto such notice will be publicly opened and read.\\n b. The letting agency shall not award any contract after public\\nbidding except to the lowest bidder who in its opinion is qualified to\\nperform the work required and is responsible and reliable. The letting\\nagency may, however, reject any or all bids, again advertise for bids,\\nor waive any informality in a bid if it believes that the public\\ninterest will be promoted thereby.\\n c. The invitation to bid and the contract awarded shall contain such\\nother terms and conditions, and such provisions for penalties, as the\\nletting agency may deem desirable.\\n * d. Any contract awarded pursuant to this subdivision shall contain a\\nclause that the contract shall be deemed executory to the extent of the\\nmoneys available and that no liability shall be incurred by the fund\\nbeyond the moneys available therefor.\\n * NB Effective until June 30, 2016\\n * d. The form of any contract awarded pursuant to this subdivision\\nshall be approved by the attorney general and by the comptroller and\\nshall contain a clause that the contract shall be deemed executory to\\nthe extent of the moneys available and that no liability shall be\\nincurred by the fund beyond the moneys available therefor.\\n * NB Effective June 30, 2016\\n e. The letting agency shall require such deposits, bonds and security\\nin connection with the submission of bids, the award of contracts and\\nthe performance of work as it shall determine to be in the public\\ninterest and for the protection of the state, the state university, the\\nfund and the letting agency.\\n f. Notwithstanding the provisions of any other law to the contrary,\\nall contracts for public work awarded by the state university\\nconstruction fund pursuant to this subdivision shall be in accordance\\nwith section one hundred thirty-nine-f of the state finance law.\\n 9. No payments shall be made by the comptroller from appropriated\\nmoneys on account of any construction contract for a facility until the\\nbills or estimates presented for such payment shall have been duly\\ncertified to be correct (i) by the chairman of the fund or by an officer\\nof the fund duly designated for that purpose, or (ii) if the dormitory\\nauthority is the letting agency, by the chairman thereof or by an\\nofficer or employee thereof duly designated for that purpose.\\n 10. Whenever the fund deems it necessary as a result of or in\\nconnection with the construction, acquisition, reconstruction,\\nrehabilitation and improvement of any academic building, dormitory, and\\nother facility, to provide for the removal, relocation, replacement,\\nreconstruction, repair or extension by a municipality, county, town,\\nvillage or public service corporation, of water mains, sewer pipes,\\ntelephone lines and other facilities maintained for public use and owned\\nby such municipality, county, town, village or public service\\ncorporation, it shall have the power to contract with such municipality,\\ncounty, town, village or public service corporation and such\\nmunicipality, county, town, village or public service corporation shall\\nhave the power to contract with the fund, for such removal, relocation,\\nreplacement, reconstruction, repair or extension. The contract for such\\nremoval, relocation, replacement, reconstruction, repair or extension\\nmay, at the discretion of the fund, be entered into by the fund without\\nthe necessity of public bidding or public letting. Upon the completion\\nand acceptance by the fund of the performance of such removal,\\nrelocation, replacement, reconstruction, repair or extension, said water\\nmains, sewer pipes, telephone lines and other facilities shall be\\nmaintained by the municipality, county, town, village or public service\\ncorporation, as the case may be.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "376-A", "title" : "Notices of claim and commencement of actions against the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "376-A", "activeDate" : "2014-09-22", "sequenceNo" : 249, "repealedDate" : null, "fromSection" : "376-A", "toSection" : "376-A", "text" : " § 376-a. Notices of claim and commencement of actions against the\\nfund. 1. In every action against the fund for damages for injuries to\\nreal or personal property, or for the destruction thereof, or for\\npersonal injuries or death, the complaint shall contain an allegation\\nthat at least thirty days have elapsed since the demand, claim or claims\\nupon which such action is founded were presented to a trustee or officer\\nof the fund and that the fund has neglected or refused to make an\\nadjustment or payment thereof for thirty days after such presentment.\\n 2. Except in an action for wrongful death, an action against the fund\\nfor damages for injuries to real or personal property, or for the\\ndestruction thereof, or for personal injuries, alleged to have been\\nsustained, shall not be commenced more than one year and ninety days\\nafter the cause of action therefor shall have accrued, nor unless a\\nnotice of claim shall have been served on the fund within the time limit\\nestablished by, and in compliance with all requirements of section\\nfifty-e of the general municipal law. An action against the fund for\\nwrongful death shall be commenced in accordance with the notice of claim\\nand time limitation provisions of title eleven of article nine of the\\npublic authorities law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "377", "title" : "Resources of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "377", "activeDate" : "2014-09-22", "sequenceNo" : 250, "repealedDate" : null, "fromSection" : "377", "toSection" : "377", "text" : " § 377. Resources of fund. 1. The fund may receive, accept, invest,\\nadminister, expend and disburse for its corporate purposes appropriation\\nfrom the capital construction fund and the state purposes fund of the\\nstate, and other revenues and moneys made available or to be made\\navailable to it from any or all sources for the construction,\\nacquisition, reconstruction, rehabilitation and improvement of academic\\nbuildings, dormitories and other facilities, including gifts, grants and\\nloans from the federal government, any state agency, any county, city,\\ntown or village, any private foundation, organization or individual, or\\nany other source.\\n 2. All moneys of the fund, other than appropriations and except as\\notherwise authorized or provided in this article, shall be paid to the\\ncommissioner of taxation and finance as agent of the fund, who shall not\\ncommingle such moneys with any other moneys. Such moneys shall be\\ndeposited in two or more separate bank accounts, and one of such\\naccounts, to which shall be credited all income from investments or\\nother accounts and all other moneys received or to be received annually\\nby the fund on a recurring basis, shall be denominated the \"state\\nuniversity construction fund income account\". The moneys in such\\naccounts shall be paid out on checks signed by the commissioner of\\ntaxation and finance on requisition of the chairman of the fund or of\\nsuch other officer or employee or officers or employees as the fund\\nshall authorize to make such requisition. All deposits of such moneys\\nshall, if required by the commissioner of taxation and finance or the\\nagency, be secured by obligations of the United States or of the state\\nof a market value equal at all times to the amount of the deposit and\\nall banks and trust companies are authorized to give such security for\\nsuch deposits.\\n 3. Any such moneys of the fund not required for immediate use may, at\\nthe discretion of the fund, be invested by the commissioner of taxation\\nand finance in obligations of the United States or the state or\\nobligations the principal and interest of which are guaranteed by the\\nUnited States or the state, or in accordance with the provisions of\\nsection ninety-eight-a of the state finance law.\\n 4. Monies received by the fund, in connection with approved\\nuniversity-related economic development facilities, other than state\\nappropriations to the fund, may be deposited in a general account and\\nother such accounts as the fund may deem necessary, for the transaction\\nof its business or in relation to construction or property management\\nactivities undertaken in connection with such projects and shall be paid\\nout on checks signed by the chairman of the fund or such other person or\\npersons as the trustees of the fund may authorize.\\n 5. The comptroller, or his legally authorized representative, is\\nhereby authorized and empowered from time to time to examine the books\\nand accounts of the fund including its receipts, disbursements,\\ncontracts, reserve funds, investments, and any other matters relating to\\nits financial standing. Such an examination shall be conducted by the\\ncomptroller at least once in every five years; the comptroller is\\nauthorized, however, to accept from the fund, in lieu of such an\\nexamination, an external examination of its books and accounts made at\\nthe request of the fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "378", "title" : "Lease agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "378", "activeDate" : "2014-09-22", "sequenceNo" : 251, "repealedDate" : null, "fromSection" : "378", "toSection" : "378", "text" : " § 378. Lease agreements. 1. Any agreement entered into between the\\nfund and a state retirement system pursuant to section three hundred\\nseventy-six of this chapter shall provide for (i) the construction,\\nacquisition, reconstruction, rehabilitation or improvement of one or\\nmore facilities, (ii) the leasing thereof and of the land upon which the\\nsame is erected to the fund upon completion of construction,\\nacquisition, reconstruction, rehabilitation or improvement for a term\\nnot exceeding thirty years and upon such terms and conditions including\\nannual rental as may be agreed upon, and (iii) the conveyance to the\\nstate of title to any such facility at the expiration of the term of the\\nlease or upon the earlier payment in full of the total amount specified\\ntherein, without additional charge therefor. The state university shall\\napprove any such agreement and shall be a party thereto. Any\\nconstruction contract entered into by a state retirement system in\\nconnection with such lease agreement shall be let, or otherwise entered\\ninto, by the retirement system or its agent pursuant to the provisions\\nof section three hundred seventy-six of this chapter. If so designated\\nby a state retirement system, the fund may act as the agent of such\\nretirement system in connection with the construction, acquisition,\\nreconstruction, rehabilitation or improvement which the lease agreement\\nrequires.\\n 2. Any agreement entered into between the fund and the dormitory\\nauthority pursuant to section three hundred seventy-six of this chapter\\nshall provide for (i) the construction, acquisition, reconstruction,\\nrehabilitation or improvement of one or more dormitories, and (ii) the\\nleasing thereof to the state university for a term not exceeding forty\\nyears and upon such terms and conditions including annual rental as may\\nbe agreed upon. The state university shall approve any such contract and\\nshall be a party to any lease made pursuant to its terms.\\n 3. Any agreement entered into between the fund and a state agency\\n(other than the dormitory authority) which is a public benefit\\ncorporation shall provide for (i) the construction, acquisition,\\nreconstruction, rehabilitation or improvement of one or more facilities,\\nand (ii) the leasing thereof to the fund upon completion of\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nfor a term not exceeding thirty years and upon such terms and conditions\\nincluding annual rental as may be agreed upon. The state university\\nshall approve any such agreement and shall be a party thereto.\\n 4. To secure the payment of rentals due or to become due in any year\\nunder any lease agreement entered into pursuant to subdivision one or\\nsubdivision three of this section, the fund may pledge or assign any or\\nall moneys in the state university construction fund income account and\\nin any rental reserve account established pursuant to subdivision five\\nof this section, and any or all moneys which may be in either or both\\nsuch accounts in the future, whether equal to or in excess of the amount\\nof such rentals due or becoming due in any year, and any or all right,\\ntitle and interest of the fund in and to the moneys in or to be\\ndeposited in such accounts.\\n 5. The fund may create and establish one or more separate accounts to\\nbe known as \"rental reserve accounts\" and may pay into such reserve\\naccounts (i) any moneys apportioned and paid by the state for the\\npurposes of such reserve accounts pursuant to this subdivision, (ii) any\\nmoneys in the state university construction fund income account directed\\nto be transferred by the fund to such reserve accounts, and (iii) any\\nother moneys which may be made available to the fund from any source or\\nsources specifically for the purposes of such reserve accounts.\\n The moneys credited to any rental reserve account established under\\nthis subdivision shall be used, except as hereinafter provided, solely\\nfor the payment of rentals as they become due under one or more of the\\nlease agreements referred to in subdivision one or subdivision three of\\nthis section, provided, however, that the moneys in such account shall\\nnot be withdrawn therefrom at any time in such amount as would reduce\\nthe amount thereof to less than the maximum amount of rental becoming\\ndue in any succeeding calendar year under such lease agreements, except\\nfor the purpose of paying such rentals becoming due for the payment of\\nwhich other moneys of the fund are not available.\\n Moneys in a rental reserve account not required for immediate use or\\ndisbursement may be invested in obligations of the United States or the\\nstate or obligations the principal and interest of which are guaranteed\\nby the United States or the state. In computing the amount of a rental\\nreserve account for the purposes of this subdivision, securities in\\nwhich all or a portion of the account are invested shall be valued at\\ntheir market value on a date within seven days of the computation or at\\ntheir cost to the fund, whichever is less.\\n Any excess in a rental reserve account at the end of any fiscal year\\nof the fund over the maximum amount of rental becoming due in any\\nsucceeding calendar year under such lease agreements shall be withdrawn\\nby the fund from such account and transferred to the state university\\nconstruction fund income account to be used for the corporate purposes\\nof the fund.\\n In order further to secure the maintenance in all rental reserve\\naccounts established pursuant to this subdivision of an amount equal to\\nthe maximum amount of rental becoming due in any succeeding calendar\\nyear under the lease agreements to which the reserve account relates,\\nthere shall be annually apportioned and paid to the fund for deposit in\\nsuch rental reserve accounts such sum, if any, as shall be certified by\\nthe chairman of the fund to the governor and director of the budget as\\nnecessary to restore such accounts to an amount equal to the maximum\\namount of rental becoming due in any succeeding calendar year under such\\nlease agreements. The chairman of the fund shall annually, on or before\\nDecember first, make and deliver to the governor and director of the\\nbudget his certificate stating the amount, if any, required to restore\\nsuch rental reserve accounts to the amount aforesaid and the amount so\\nstated in said certificate, if any, shall be apportioned and paid to the\\nfund during the then current state fiscal year.\\n No lease agreement which contains a provision for the establishment or\\nmaintenance of a rental reserve account shall be entered into pursuant\\nto this section unless the governor, or where so designated by the\\ngovernor for such purpose, the director of the budget, shall have\\napproved the terms thereof.\\n 6. The attorney general shall pass upon the form and sufficiency and\\nmanner of execution of any lease agreement entered into pursuant to this\\nsection and the same shall not be effective unless so approved by him.\\n 7. The state shall not be liable for any rentals payable by the fund\\npursuant to the terms of a lease agreement entered into pursuant to this\\nsection and such agreement shall contain among its terms a statement to\\nsuch effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "379", "title" : "Transfer of jurisdiction to state university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "379", "activeDate" : "2014-09-22", "sequenceNo" : 252, "repealedDate" : null, "fromSection" : "379", "toSection" : "379", "text" : " § 379. Transfer of jurisdiction to state university. As soon as\\npracticable after the completion of work, the fund shall make available\\nto the state university trustees for the purposes intended the academic\\nbuildings, dormitories and other facilities constructed, acquired,\\nreconstructed, rehabilitated or improved under this article.\\nResponsibility for the maintenance and routine repair of facilities\\nother than dormitories and for the maintenance and upkeep of adjacent\\nreal property shall remain in the fund after the completion of work and\\nshall be transferred from the fund to the state university trustees\\npursuant to agreement between them, and upon such transfer all right,\\ntitle and interest of the fund in such facilities shall terminate;\\nprovided that in the case of facilities constructed, acquired,\\nreconstructed, rehabilitated or improved solely out of appropriations\\nand grants or gifts of money, such responsibilities shall be so\\ntransferred not later than four months after the completion of work.\\nPrior to the transfer of such responsibilities, the state university\\ntrustees may act as agent for the fund for the maintenance and routine\\nrepair of such facilities and for the maintenance and upkeep of adjacent\\nreal property. This section shall not apply when the state university\\nconstruction fund acts as agent for a foundation or other not-for-profit\\nentity created by or for the state university of New York or when\\nproviding facilities or projects authorized by section three hundred\\nseventy-two-a of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "380", "title" : "Tax exemption of moneys and property of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380", "activeDate" : "2014-09-22", "sequenceNo" : 253, "repealedDate" : null, "fromSection" : "380", "toSection" : "380", "text" : " § 380. Tax exemption of moneys and property of fund. The moneys and\\nproperty of the fund and its operations shall be exempt from taxation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "381", "title" : "Cooperation and assistance from other state agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "381", "activeDate" : "2014-09-22", "sequenceNo" : 254, "repealedDate" : null, "fromSection" : "381", "toSection" : "381", "text" : " § 381. Cooperation and assistance from other state agencies. The\\nstate education department, the state department of transportation, the\\ndormitory authority, the state housing finance agency, the division of\\nthe budget, the office of general services and all other state agencies\\nshall cooperate with and assist the fund in the fulfillment of its\\ncorporate purposes and in the exercise of its corporate powers under\\nthis article and may render such services to the fund within their\\nrespective functions as the fund may reasonably request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "382", "title" : "Annual report of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "382", "activeDate" : "2014-09-22", "sequenceNo" : 255, "repealedDate" : null, "fromSection" : "382", "toSection" : "382", "text" : " § 382. Annual report of trustees. 1. The fund shall submit to the\\ngovernor, the regents, the state university trustees, the legislature,\\nthe chairs of the senate finance committee and the assembly ways and\\nmeans committee, annually on or before January first, a full report of\\nits activities and operations through the thirtieth day of the preceding\\nSeptember, including details as to state university construction\\nprojects in planning, in construction and completed, the performance\\nrecord of the fund in completing construction in accordance with the\\ndesired completion dates and within the estimated costs recommended by\\nthe governor and approved by the legislature, the architects, engineers\\nand other private consultants engaged by the fund on a contract basis\\nand a statement of the total amount paid and yet to be paid, or\\nestimated yet to be paid, under such contract, the letting agency and\\nsuccessful bidder for each construction project, the moneys made\\navailable for the purposes of the fund, details as to any lease\\nagreements executed by the fund and the annual rentals required to be\\npaid on account thereof, and such other information related to the\\nactivities and operations of the fund as it may consider pertinent. Such\\nreport shall also contain details as to all contracts which, pursuant to\\nsection three hundred seventy-six of this chapter, have been entered\\ninto without public letting where an emergency condition exists,\\nincluding the nature of such emergency condition and the state-operated\\ninstitution at which the condition occurred.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\non or before November fifteenth of each year, the state university\\nconstruction fund shall submit, and thereafter may resubmit, to the\\ndirector of the budget, the state comptroller, the chairman of the\\nsenate finance committee and the chairman of the assembly ways and means\\ncommittee a report setting forth the amounts, if any, of all annual\\nrentals and other payments estimated to become due in the succeeding\\nstate fiscal year to the dormitory authority from the fund pursuant to\\nany leases, subleases or other agreements between the dormitory\\nauthority and the fund entered into on or after July first, nineteen\\nhundred eighty-eight, to provide state university educational facilities\\nfor the state university of New York. Such report shall separately state\\nthe amount of income earned on the investment of moneys in the state\\nuniversity construction fund educational facilities payment account\\nsince the date of the last such report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "383", "title" : "Article not affected if in part unconstitutional or ineffective", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "383", "activeDate" : "2014-09-22", "sequenceNo" : 256, "repealedDate" : null, "fromSection" : "383", "toSection" : "383", "text" : " § 383. Article not affected if in part unconstitutional or\\nineffective. If any section, subdivision, paragraph, sentence, clause\\nor provision of this article shall be unconstitutional or be ineffective\\nin whole or in part, to the extent that it is not unconstitutional or\\nineffective, it shall be valid or effective and no other section,\\nsubdivision, paragraph, sentence, clause or provision shall on account\\nthereof be deemed invalid or ineffective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "384", "title" : "Inconsistent provisions of other acts superseded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "384", "activeDate" : "2014-09-22", "sequenceNo" : 257, "repealedDate" : null, "fromSection" : "384", "toSection" : "384", "text" : " § 384. Inconsistent provisions of other acts superseded. Insofar as\\nthe provisions of this article are inconsistent with the provisions of\\nany other act, general or special, the provisions of this article shall\\nbe controlling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A8-B", "title" : "State University Optional Retirement Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-17" ], "docLevelId" : "8-B", "activeDate" : "2014-09-22", "sequenceNo" : 258, "repealedDate" : null, "fromSection" : "390", "toSection" : "397", "text" : " ARTICLE 8-B\\n STATE UNIVERSITY OPTIONAL RETIREMENT PROGRAM\\nSection 390. Definitions.\\n 391. Optional retirement program established.\\n 392. Rates of contribution.\\n 393. Election.\\n 394. Survivor's benefits.\\n 395. Social security.\\n 396. Employer not liable for payment of benefits.\\n 397. Inconsistent provisions of other acts superseded.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "390", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390", "activeDate" : "2014-09-22", "sequenceNo" : 259, "repealedDate" : null, "fromSection" : "390", "toSection" : "390", "text" : " § 390. Definitions. Wherever used in this article:\\n 1. The term \"board\" means the board of trustees of the state\\nuniversity of New York.\\n 2. The term \"state university\" means the state university of New York\\nand the term \"community college\" means a college established and\\noperated under article one hundred twenty-six of this chapter.\\n 3. The term \"eligible employees\" means those employees in positions\\nrequiring the performance of educational functions in teacher education,\\nagriculture, home economics, forestry, ceramics, liberal and applied\\narts and sciences, engineering, technical skills, crafts, business\\neducation, labor and industrial relations, medicine, dentistry,\\nveterinary medicine, pharmacy, nursing, law, public affairs, maritime\\nofficer training, academic administration, library service, student\\nactivities, student personnel service and other professions required to\\ncarry on the work of the state university and the colleges, schools,\\ninstitutes, research centers, facilities and institutions comprising it\\nand of the community colleges. Such positions in the state university,\\nincluding those at the state colleges of agriculture, home economics,\\nveterinary medicine or industrial and labor relations, the state\\nagricultural experiment station at Geneva, or any other institution or\\nagency under the management and control of Cornell university as\\nrepresentative of the board, and at the state college of ceramics under\\nthe management and control of Alfred university as the representative of\\nthe board, and such positions in the community colleges shall be those\\ncertified to the board by the chancellor of state university as\\nrequiring the performance of such functions. No person receiving a\\nbenefit by reason of his retirement from any retirement or pension\\nsystem of New York state or any political subdivision thereof shall be\\neligible to elect the optional retirement program.\\n 3-a. Beginning July first, two thousand thirteen, the term \"eligible\\nemployees\" shall also mean any person excluded from or not encompassed\\nwithin a negotiating unit within the meaning of article fourteen of the\\ncivil service law who would otherwise be entitled to receive a benefit\\nunder the retirement and social security law or the education law\\ninitially hired on or after July first, two thousand thirteen with\\nestimated annual wages of seventy-five thousand per annum or greater.\\nSuch estimate of annual wages to determine eligibility for the purposes\\nof this subdivision shall be provided by the employer. For the purposes\\nof this subdivision, a newly hired state employee whose immediate\\npreceding employment was with another department, division, or agency of\\nthe state shall not be deemed to be an eligible employee.\\n 4. The term \"optional retirement program\" means the retirement program\\nestablished pursuant to this article.\\n 5. The term \"electing employee\" shall mean any eligible employee who\\nexercises his election pursuant to this article to come under the\\noptional retirement program.\\n 6. The term \"salary\" means all amounts paid by or for the state as\\ncompensation for services rendered by an eligible employee holding a\\nposition with the state university or by or for a community college as\\ncompensation for services rendered by an eligible employee holding a\\nposition at such college.\\n 7. The term \"insurer\" shall mean a life insurance corporation, or\\nother corporation subject to department of financial services\\nsupervision.\\n 8. The term \"electing employer\" means a community college which elects\\nto offer the optional retirement program as herein provided.\\n 8-a. Beginning July first, two thousand thirteen, the term \"electing\\nemployer\" shall also mean any public employer within the state of New\\nYork that employs one or more employees who have elected to participate\\nin the optional retirement program established pursuant to this article.\\n 9. The term \"local sponsor\" means any city, county, intermediate\\nschool district, or school district approved by the board, sponsoring or\\nparticipating in the establishment or operation of a community college.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "391", "title" : "Optional retirement program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391", "activeDate" : "2014-09-22", "sequenceNo" : 260, "repealedDate" : null, "fromSection" : "391", "toSection" : "391", "text" : " § 391. Optional retirement program established. 1. There is hereby\\nestablished an optional retirement program which shall provide for the\\npurchase of contracts providing retirement and death benefits for or on\\nbehalf of electing employees. Under such program the state or an\\nelecting employer and such employees shall contribute, to the extent\\nauthorized or required, towards the purchase of such contracts, which\\nshall be issued to, and become the property of, such employees. The\\nboard of trustees of a community college may elect to offer the optional\\nretirement program to eligible employees of such college by resolution,\\nwhich shall become effective upon approval of the local sponsor acting\\nthrough its local legislative body or board or other appropriate\\ngoverning agency.\\n 2. The board shall designate the insurer or insurers to which payment\\nof such contributions may be made and shall approve the form and content\\nof such contracts. In making such designation and giving such approval\\nthe board shall give due consideration to (i) the nature and extent of\\nthe rights and benefits to be provided by such contracts for electing\\nemployees and their beneficiaries, (ii) the relation of such rights and\\nbenefits to the amount of contributions to be made under this article,\\n(iii) the suitability of such rights and benefits to the needs and\\ninterests of electing employees and to the interests of state university\\nand of electing employers in the employment and retention of eligible\\nemployees, and (iv) the authority and ability of the designated insurer\\nor insurers to provide rights and benefits under such contracts.\\n 3. The board is hereby authorized to provide for the administration of\\nsuch optional retirement program and to perform or authorize the\\nperformance of such functions as may be necessary for such purposes in\\naccordance with this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "392", "title" : "Rates of contribution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-05-29" ], "docLevelId" : "392", "activeDate" : "2014-09-22", "sequenceNo" : 261, "repealedDate" : null, "fromSection" : "392", "toSection" : "392", "text" : " § 392. Rates of contribution. 1. Employer contributions. In the case\\nof any electing employee initially appointed on or before June\\nthirtieth, nineteen hundred ninety-two, the state, with respect to\\nemployees of state university, and the electing employer, with respect\\nto employees of a community college, shall, during continuance of his\\nemployment, make contributions at the rate of nine percentum of that\\nportion of his salary upon which contributions, if any, are or may\\nhereafter be paid to the secretary of the treasury of the United States\\npursuant to article three of the retirement and social security law and\\nat the rate of twelve percentum of any portion of his salary upon which\\nsuch contributions are not paid, out of monies which shall be\\nappropriated to state university or which shall be available to the\\nelecting employer for such purpose. In the case of any electing employee\\ninitially appointed on or after July first, nineteen hundred ninety-two,\\nthe state, with respect to employees of the state university and the\\nelecting employer, with respect to employees of a community college,\\nshall, during continuance of his employment, make contributions at the\\nrate of eight percentum of his salary during the first seven years of\\nsuch employment and at the rate of ten percentum of his salary\\nthereafter, out of monies which shall be appropriated to the state\\nuniversity or which shall be available to the electing employer for such\\npurpose. For purposes of this subdivision, that portion of the\\nemployee's salary upon which contributions are or may thereafter be paid\\nto the secretary of the treasury of the United States pursuant to\\narticle three of the retirement and social security law shall be deemed\\nnot to exceed sixteen thousand five hundred dollars.\\n 1-a. Employer contributions. In the case of any electing employee\\nexcluded from or not encompassed within a negotiating unit within the\\nmeaning of article fourteen of the civil service law initially hired on\\nor after July first, two thousand thirteen, the state and the electing\\nemployer shall, during the continuance of his or her employment, make\\ncontributions at the rate of eight per centum of his or her salary.\\n 2. Employee contributions. (a) In the case of any electing employee,\\ncontributions at the rate of three percentum of his salary shall be\\ndeducted as the employee contribution by the comptroller, or by the\\nappropriate fiscal officer with respect to an electing employer,\\nprovided however, that such employee contribution shall be made by (i)\\nthe state for employees other than those employed by an electing\\nemployer in accordance with subdivision one of this section during such\\nperiod as (a) either section seventy-a of the retirement and social\\nsecurity law or section five hundred twenty-eight of this title provides\\nthat the contribution of each member of the New York state employees'\\nretirement system or the New York state teachers' retirement system in\\nthe employ of the state shall be reduced by at least eight percentum of\\nhis compensation or (b) employee contributions to either such system are\\nno longer required by reason of such system becoming noncontributory for\\nstate employees, or (ii) by the electing employer in accordance with\\nsubdivision one of this section during such period as the contributions\\nof any members of either the New York state employees' retirement system\\nor the New York state teachers' retirement system or of any other public\\nretirement system in this state in its employ shall (a) be reduced by at\\nleast eight percentum of their compensation in accordance with section\\nseventy-a of the retirement and social security law or section five\\nhundred twenty-nine of this title or section B3-36.1 or section B20-41.1\\nof the administrative code of the city of New York or (b) employee\\ncontributions to any such system of which any of its employees are\\nmembers are no longer required by reasons of such system becoming non\\ncontributory for such employees; and provided further, however, that\\nsuch employee contribution with respect to the fiscal year of the city\\nof New York beginning on July first, nineteen hundred seventy-two and\\nending on June thirtieth, nineteen hundred seventy-three shall be made\\nby the electing employer in the case of any electing employee who is\\nemployed by a community college operated in such city, notwithstanding\\nany of the foregoing provisions of this subdivision to the contrary.\\n (b) Notwithstanding any provision of paragraph (a) of this subdivision\\nor any other provision of law to the contrary, but subject to the\\nprovisions of subdivision d of section six hundred thirteen of the\\nretirement and social security law, in the case of any electing employee\\ninitially appointed on or after July first, nineteen hundred ninety-two\\nwho is employed by a community college subject to the provisions of this\\narticle which is operated in the city of New York, contributions at the\\nrate of three percentum of his or her salary shall be deducted as the\\nemployee contribution by the appropriate fiscal officer with respect to\\nsuch community college.\\n (c) Notwithstanding any other provision of this section or any other\\nlaw to the contrary, (1) on and after April first, two thousand eight\\nfor a member who joined the optional retirement program established\\npursuant to this article before April first, two thousand twelve and who\\nhas ten or more years of membership in such optional retirement program,\\nthe state shall contribute one-third of the three percent employee\\ncontribution required pursuant to the provisions of this section on\\nbehalf of such employee; and (2) on and after April first, two thousand\\nnine for a member who joined the optional retirement program established\\npursuant to this article before April first, two thousand twelve and who\\nhas ten or more years of membership in such optional retirement program,\\nthe state shall contribute two-thirds of the three percent employee\\ncontribution required pursuant to the provisions of this section on\\nbehalf of such employee; and (3) on and after April first, two thousand\\nten for a member who joined the optional retirement program established\\npursuant to this article before April first, two thousand twelve and who\\nhas ten or more years of membership in such optional retirement program,\\nthe state shall contribute the three percent employee contribution\\nrequired pursuant to the provisions of this section on behalf of such\\nemployee. The provisions of this paragraph shall not apply to any\\nelecting employee who becomes a member of the optional retirement\\nprogram on or after April first, two thousand twelve.\\n (d) Notwithstanding any other law to the contrary, beginning April\\nfirst, two thousand thirteen any electing employee appointed on or after\\nApril first, two thousand twelve, the rate at which each such employee\\nshall contribute in any current plan year (January first to December\\nthirty-first) shall be determined by reference to the wages of such\\nmember in the second plan year (January first to December thirty-first)\\npreceding such current plan year as follows:\\n (i) members with wages of forty-five thousand dollars per annum or\\nless shall contribute three per centum of annual wages;\\n (ii) members with wages greater than forty-five thousand per annum,\\nbut not more than fifty-five thousand per annum shall contribute three\\nand one-half per centum of annual wages;\\n (iii) members with wages greater than fifty-five thousand per annum,\\nbut not more than seventy-five thousand per annum shall contribute four\\nand one-half per centum of annual wages;\\n (iv) members with wages greater than seventy-five thousand per annum\\nbut not more than one hundred thousand per annum shall contribute five\\nand three-quarters per centum of annual wages; and\\n (v) members with wages greater than one hundred thousand per annum\\nshall contribute six per centum of annual wages.\\n Notwithstanding the foregoing, during each of the first three plan\\nyears (January first to December thirty-first) in which such member has\\nestablished membership in the State University Optional Retirement\\nProgram, such employee shall contribute a percent of annual wages in\\naccordance with the preceding schedule based upon a projection of annual\\nwages provided by the employer.\\n 3. Payment of contributions pursuant to subdivisions one and two of\\nthis section shall be made to the designated insurer or insurers upon\\naudit and warrant of the comptroller for employees of the state\\nuniversity and by the appropriate fiscal officer for employees of an\\nelecting employer.\\n 4. In the case of an electing employee initially appointed on or after\\nJuly first, nineteen hundred sixty-four, no contributions pursuant to\\nsubdivisions one and two of this section shall be made by the state or\\nby the electing employer until his completion of one year of service and\\ncontinuance in service thereafter. Employee contributions, if any,\\nrequired during this initial year of service shall be deducted and held\\nby the comptroller or by the appropriate fiscal officer of an electing\\nemployer. At the end of his initial year of service, a single\\ncontribution in an amount determined pursuant to subdivisions one and\\ntwo of this section, with interest at the rate of four percentum per\\nannum, shall be made by the state, upon audit and warrant of the\\ncomptroller, and by the appropriate fiscal officer for an electing\\nemployer, to the designated insurer or insurers, on behalf of such\\nemployee continued in service. In the case of an electing employee who\\ndoes not continue in service with state university or with a community\\ncollege beyond his initial year of service, the amount of employee\\ncontribution, if any, deducted from his salary shall be refunded to him,\\nwith interest at the rate of four percentum per annum.\\n 5. The provisions of subdivision four of this section shall not apply\\nto any electing employee other than an employee appointed for a\\nspecified period of less than three months who, at the time of initial\\nappointment, owns a contract determined by the board to be similar to\\nthose contracts to be purchased under the optional retirement program\\nand issued by the designated insurer or insurers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "393", "title" : "Election", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "393", "activeDate" : "2014-09-22", "sequenceNo" : 262, "repealedDate" : null, "fromSection" : "393", "toSection" : "393", "text" : " § 393. Election. 1. Election of the optional retirement program.\\n (a) Each eligible employee initially appointed on or after July first,\\nnineteen hundred sixty-four, within thirty days of his entry into\\nservice, shall elect (i) to join either the New York state teachers'\\nretirement system or the New York state employees' retirement system or\\nother public retirement system in this state in accordance with the\\nprovisions of law applicable thereto or (ii) to elect the optional\\nretirement program established pursuant to this article; provided\\nhowever, that (1) such persons initially entering service during the\\nperiod July first, nineteen hundred sixty-four through November fourth,\\nnineteen hundred sixty-four may defer such election until December\\nfourth, nineteen hundred sixty-four, and (2) eligible employees of an\\nelecting employer initially appointed on or after the effective date of\\nthe election to offer such program may defer such election until the\\nninetieth day following such effective date of the election to offer\\nsuch program established by an electing employer. Any such deferred\\nelection shall be effective as of the date of entry into service or the\\neffective date of such offer, whichever is later.\\n (b) In the event an eligible employee fails to make an election as\\nprovided in paragraph (a) of this subdivision, he shall be deemed to\\nhave elected membership in the New York state teachers' retirement\\nsystem, or such public retirement system in this state in which his\\nmembership may be otherwise required in accordance with law, except that\\neligible employees of institutions under the management and control of\\nCornell university or Alfred university as the representative of the\\nstate university trustees shall be deemed to have elected membership in\\nthe New York state employees' retirement system. Such membership shall\\nbe effective as of the date of entry into service, or in the case of\\nmembership in the New York city employees retirement system, at the time\\notherwise required by law.\\n (c) The amount, if any, required to have been contributed by any\\nemployee in accordance with an election, a deferred election or failure\\nto elect pursuant to paragraph (a) or paragraph (b) of this subdivision\\nshall be collected by payroll deductions in such manner as may be\\nprovided by the comptroller for employees of state university electing\\nthe optional retirement program, or by the appropriate fiscal officer\\nfor employees of an electing employer, or in the case of membership in\\neither the New York state employees' retirement system or the New York\\nstate teachers' retirement system or other public retirement system in\\nthis state, by the retirement system concerned.\\n (d) Eligible employees other than those employed by an electing\\nemployer appointed on or before June thirtieth, nineteen hundred\\nsixty-four, may elect the optional retirement program established\\npursuant to this article. Such election shall be made on or before\\nDecember fourth, nineteen hundred sixty-four, and shall become effective\\nas of January first, nineteen hundred sixty-five. Eligible employees of\\nan electing employer appointed before the effective date of the election\\nto offer such program may elect the optional retirement program\\nestablished pursuant to this article. Such election shall be made on or\\nbefore the ninetieth day following the effective date of such offer and\\nshall become effective on or as of the first day of January next\\nfollowing the effective date of such offer.\\n (e) Any state employee or employee of an electing employer who becomes\\neligible to elect the optional retirement program by reason of (i) the\\ncertification of the position held by him pursuant to paragraph three of\\nsection three hundred ninety of this article or (ii) his appointment,\\npromotion, transfer or reclassification to a position previously so\\ncertified, may elect the optional retirement program established\\npursuant to this article. Such election shall be made within thirty days\\nafter notice in writing to such employee of his eligibility, and shall\\nbecome effective on the date of such election, except that in no case\\nshall such election by a state employee become effective prior to\\nJanuary first, nineteen hundred sixty-five, or in the case of an\\neligible employee of an electing employer, prior to the first day of\\nJanuary next following the effective date of the offer of such program.\\n (f) Any eligible employee who was employed by the University of\\nBuffalo prior to its merger into state university and who elected to\\ncontinue in the retirement program theretofore provided by the\\nUniversity of Buffalo in accordance with section three of chapter nine\\nhundred eighty of the laws of nineteen hundred sixty-two and who elects\\nthe optional retirement program established pursuant to this article as\\nprovided in paragraphs (d) or (e) of this subdivision shall become\\nineligible to continue in the retirement program provided by the\\nUniversity of Buffalo prior to merger on the effective date of such\\nelection. Such election shall constitute a waiver of all rights and\\nbenefits provided under sections three and seven of chapter nine hundred\\neighty of the laws of nineteen hundred sixty-two.\\n (g) No election by an eligible employee of the optional retirement\\nprogram shall be effective unless it shall be accompanied by an\\nappropriate application, where required, for the issuance of a contract\\nor contracts under the program.\\n 2. Ineligibility for retirement system membership. Any employee who\\nelects the optional retirement program shall be ineligible for\\nmembership in the New York state employees' retirement system, the New\\nYork state teachers' retirement system or any other public retirement\\nsystem in this state so long as he shall remain continuously employed in\\nany position by state university or the institutions under the\\nmanagement and control of Cornell university or Alfred university as\\nrepresentative of the board or by an electing employer and shall\\ncontinue in the optional retirement program.\\n 3. (a) Any eligible employee who is a member of either the New York\\nstate employees' retirement system or the New York state teachers'\\nretirement system at the time he elects the optional retirement program\\nestablished pursuant to this article, shall be deemed to be a person who\\ndiscontinues service on the effective date of such election, for the\\npurpose of determining his eligibility for rights and benefits in either\\nsuch system; provided however, that if he does not withdraw his\\naccumulated contributions, (i) his continued service with state\\nuniversity while under the optional retirement program shall be deemed\\nto be member service in either the New York state employees' retirement\\nsystem or the New York state teachers' retirement system for the purpose\\nof determining his eligibility for any vested retirement allowance,\\nretirement allowance or ordinary death benefit under either such system\\ndependent upon a specified period of total service or upon attainment of\\na specified age while in service or upon death while in service; and\\n(ii) the amount of any such benefit to which he or his estate or person\\ndesignated by him may become entitled under either such system shall be\\ncomputed only on the basis of service otherwise creditable to him\\ntherein and his compensation during such service.\\n (b) Electing employees and their beneficiaries shall not be entitled\\nto any right or benefit under either the New York state employees'\\nretirement system or the New York state teachers' retirement system\\nother than a vested retirement allowance, retirement allowance or\\nordinary death benefit to the extent expressly provided for in this\\nsection.\\n 4. (a) Any eligible employee of an electing employer who is a member\\nor transferred contributor of either the New York city teachers'\\nretirement system or the New York city employees' retirement system at\\nthe time he elects the optional retirement program offered by an\\nelecting employer pursuant to this article shall be deemed to be a\\nperson who terminates membership on the effective date of such election,\\nfor the purpose of determining his eligibility for rights and benefits\\nin either such system; provided however, that if he does not withdraw\\nhis accumulated contributions, (i) his continued service at a community\\ncollege whose employees are otherwise eligible for the New York city\\nteachers' retirement system, or the New York city employees' retirement\\nsystem shall be deemed to be member service in either the New York city\\nteachers' retirement system or the New York city employees' retirement\\nsystem for the purpose of determining his eligibility for any retirement\\nallowance or ordinary death benefit under either such system dependent\\nupon a specified period of total service or upon attainment of a\\nspecified age while in service or upon death while in service; and (ii)\\nthe amount of any such benefit to which he or his estate or person\\ndesignated by him may become entitled under either such system shall be\\ncomputed only on the basis of service otherwise creditable to him\\ntherein and his compensation during such service. (b) Electing employees\\nand their beneficiaries shall not be entitled to any right or benefit\\nunder either the New York city teachers' retirement system or the New\\nYork city employees' retirement system other than a retirement allowance\\nor ordinary death benefit to the extent expressly provided for in this\\nsection. Such employee shall not be eligible for any benefit pursuant to\\nsection B3-36.0, subdivision two or section B3-36.0, subdivision three\\nof the administrative code of the city of New York or section two\\nhundred forty-five of the military law.\\n 5. (a) Subdivision two of this section shall not apply to any eligible\\nemployee who has elected the optional retirement program and after June\\nthirtieth, two thousand two, renders service which is creditable in the\\nNew York state teachers' retirement system, other than service for which\\na contribution is made to the optional retirement program.\\n (b) Subdivision three of this section shall not apply to any member of\\nthe New York state teachers' retirement system who, after joining such\\nsystem, elects the optional retirement program.\\n (c) Anything in subdivision three of this section notwithstanding, any\\neligible employee who is a member of the New York state teachers'\\nretirement system and had elected the optional retirement program prior\\nto July first, two thousand two, may obtain credit for service, other\\nthan service for which a contribution is made to the optional retirement\\nprogram, which is creditable in such system, was rendered after such\\nmember had elected the education department optional retirement program,\\nand was rendered between December first, nineteen hundred ninety-one and\\nJune thirtieth, two thousand two, provided (i) such member has rendered\\nat least five years of service credited with the New York state\\nteachers' retirement system at the time such service is credited, and\\n(ii) in the case of such member subject to the provisions of article\\nfourteen or fifteen of the retirement and social security law, the\\nmember contributes three percent of the wages earned for such service\\ntogether with interest at the rate of five percent per annum compounded\\nannually from the date of such service until payment is made.\\n (d) Anything in this subdivision five notwithstanding, service as an\\neligible employee for which a contribution is made to the optional\\nretirement program shall neither entitle any eligible employee to join\\nor rejoin the New York state teachers' retirement system nor be\\ncreditable in such system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "394", "title" : "Survivor's benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "394", "activeDate" : "2014-09-22", "sequenceNo" : 263, "repealedDate" : null, "fromSection" : "394", "toSection" : "394", "text" : " § 394. Survivor's benefits. In the case of the death of any electing\\nemployee, after the effective date of this election and before\\nretirement, the value of the death benefits provided by the contract or\\ncontracts purchased under the optional retirement program which is\\nattributable to the state's contribution as determined by the board,\\nshall be deemed to be an ordinary death benefit provided under a public\\npension plan within the meaning of section one hundred fifty-four of the\\ncivil service law. Notwithstanding the provisions of such section of\\nthe civil service law, a survivors benefit payable thereunder on account\\nof the death of any electing employee while in the employ of state\\nuniversity, after the effective date of such election and before\\nretirement, including an employee subject to the provisions of\\nsubdivision three of section three hundred ninety-three of this article,\\nshall be paid to such person or persons as such employee shall have\\nnominated to receive the death benefits provided by the contract or\\ncontracts purchased under the optional retirement program. In the event\\nsuch designated beneficiary or beneficiaries do not survive the\\nemployee, or if a beneficiary was not so designated, the survivors\\nbenefit shall be paid to the deceased employee's estate or as provided\\nin section one hundred three-a of the decedent estate law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "395", "title" : "Social security", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395", "activeDate" : "2014-09-22", "sequenceNo" : 264, "repealedDate" : null, "fromSection" : "395", "toSection" : "395", "text" : " § 395. Social security. Every electing employee shall have old-age,\\nsurvivors, and disability insurance coverage provided by the federal\\nsocial security act in accordance with the provisions of article three\\nof the retirement and social security law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "396", "title" : "Employer not liable for payment of benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396", "activeDate" : "2014-09-22", "sequenceNo" : 265, "repealedDate" : null, "fromSection" : "396", "toSection" : "396", "text" : " § 396. Employer not liable for payment of benefits. Neither the\\nstate, nor state university, nor any electing employer or its local\\nsponsor shall be a party to any contract purchased in whole or in part\\nwith contributions made under the optional retirement program\\nestablished and administered pursuant to this article. No retirement,\\ndeath, or other benefits shall be payable by the state, or by state\\nuniversity, or by any electing employer or its local sponsor under such\\noptional retirement program. Such benefits shall be paid to electing\\nemployees or their beneficiaries by the designated insurer or insurers\\nin accordance with the terms of their contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "397", "title" : "Inconsistent provisions of other acts superseded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "397", "activeDate" : "2014-09-22", "sequenceNo" : 266, "repealedDate" : null, "fromSection" : "397", "toSection" : "397", "text" : " § 397. Inconsistent provisions of other acts superseded. Insofar as\\nthe provisions of this article are inconsistent with the provisions of\\nany other act, general or special, the provisions of this article shall\\nbe controlling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A8-C", "title" : "Special Annuity", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-C", "activeDate" : "2014-09-22", "sequenceNo" : 267, "repealedDate" : null, "fromSection" : "398", "toSection" : "399-A", "text" : " ARTICLE 8-C\\n SPECIAL ANNUITY\\nSection 398. Definitions.\\n 398-a. Reduction of salaries for investment in custodial\\n accounts.\\n 399. Special annuity and custodial account programs\\n authorized.\\n 399-a. Reduction of salaries for tax-deferred annuities.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "398", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398", "activeDate" : "2014-09-22", "sequenceNo" : 268, "repealedDate" : null, "fromSection" : "398", "toSection" : "398", "text" : " § 398. Definitions. Whenever used in this article:\\n 1. The term \"employer\" means the state university of New York, the\\nboard of higher education of the city of New York, or a community\\ncollege established and operated under article one hundred twenty-six of\\nthis chapter.\\n 2. The term \"employee\" means a person employed by the state\\nuniversity, the board of higher education of the city of New York, or a\\ncommunity college established and operated under article one hundred\\ntwenty-six of this chapter.\\n 3. The term \"comptroller\" means the comptroller of the state of New\\nYork with respect to the state university or the appropriate fiscal\\nofficer with respect to other employers.\\n 4. The term \"salary\" means that amount fixed by or pursuant to law and\\npaid by or for an employer to an employee as compensation for services\\nrendered by the employee to the employer.\\n 5. The term \"insurer\" means a life insurance corporation or other\\ncorporation subject to department of financial services supervision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "398-A", "title" : "Reduction of salaries for investment in custodial accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398-A", "activeDate" : "2014-09-22", "sequenceNo" : 269, "repealedDate" : null, "fromSection" : "398-A", "toSection" : "398-A", "text" : " § 398-a. Reduction of salaries for investment in custodial accounts.\\nEach employer, in his discretion, may enter into a written agreement\\nwith any employee to reduce the annual salary as otherwise payable by\\nlaw of such employee for the purpose of investing in a custodial account\\nas permitted under section 403(b) of the United States Internal Revenue\\nCode, as amended, for such employee. Any such agreement may be\\nterminated at any time upon written notice by either such employee or\\nemployer and shall be governed by the otherwise consistent provisions of\\nsection three hundred ninety-nine of this article. Nothing contained in\\nthis section shall be construed to diminish or impair any benefits to\\nwhich such employee or his legal representatives or beneficiaries would\\nbe otherwise entitled had such salary reduction agreement not been\\nentered into in accordance with the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "399", "title" : "Special annuity and custodial account programs authorized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399", "activeDate" : "2014-09-22", "sequenceNo" : 270, "repealedDate" : null, "fromSection" : "399", "toSection" : "399", "text" : " § 399. Special annuity and custodial account programs authorized. 1.\\nAn employer is hereby authorized to establish by resolution special\\nannuity and custodial account programs which shall provide for the\\npurchase of contracts or establishment of custodial accounts providing\\nretirement and death benefits for or on behalf of employees electing to\\nenter into an agreement with such employer providing for a reduction of\\nannual salary for the purpose of purchasing such contracts or for making\\ncontributions to such custodial accounts.\\n 2. Where the employer has established a special annuity and/or\\ncustodial account program authorized by this article, any employee may\\nenter into an agreement with his employer for the reduction of his\\nsalary which is earned after the effective date of such agreement and\\nfor contributions to the purchase of an annuity contract or to a\\ncustodial account for such employee by his employer in an amount equal\\nto the reduction in salary so agreed on. The employer shall purchase the\\nannuity contract or make contributions to the custodial account for such\\nemployee entering into such an agreement from the insurer or custodian\\ndesignated pursuant to subdivision four of this section. Such annuity\\ncontract shall be issued to, and become the property of, such employee\\nwhose rights therein shall be non-forfeitable except for failure to pay\\nfuture premiums or such custodial account shall be established on behalf\\nof such employee whose rights therein are non-forfeitable. Neither the\\nstate, or a political subdivision thereof, nor an employer shall be a\\nparty to any annuity contract purchased or custodial account established\\nin whole or in part with payments pursuant to said agreement, and no\\nretirement, death or other benefit shall be payable by the state, or\\npolitical subdivision thereof, or by an employer under such agreement or\\nsuch annuity contract or custodial account.\\n 3. Subject to approval and filing, as hereinafter provided by the\\ncomptroller, any such agreement shall specify the amount of such\\nreduction, and the effective date thereof, and shall be binding and\\nirrevocable as to both parties thereto during the continuation of such\\nemployee's employment with the employer; provided, however, that such\\nagreement may be terminated in accordance with university guidelines\\nupon notice in writing by either party. Such termination shall take\\neffect at the beginning of the payroll period the first day of which is\\nnearest to the thirtieth day following the day on which such\\nnotification of termination was (i) received by the employer, in the\\nevent such termination is initiated by the employee, or (ii) sent to the\\nemployee in the event such termination is initiated by the employer.\\n 4. The board of trustees of state university with respect to the state\\nuniversity and the community colleges, and the board of trustees of the\\ncity university with respect to employees of the city university of New\\nYork, shall designate the insurer or insurers from which such annuity\\ncontracts or in the case of custodial accounts, the company or companies\\nfrom whom regulated investment company shares shall be purchased. In\\nmaking such designation, due consideration shall be given to (a) the\\nnature and extent of the rights and benefits to be provided by contracts\\nfor such special annuity or custodial account for employees and their\\nbeneficiaries, (b) the relation of such rights and benefits to the\\namount of contributions to be made for such contracts, (c) the\\nsuitability of such rights and benefits to the needs and interests of\\nemployees, and to the interests of employers in the employment and\\nretention of employees, and (d) the authority and ability of the\\ndesignated insurer or insurers or designated company or companies to\\nprovide rights and benefits under such contracts or custodial accounts.\\n 5. The board of trustees of state university, with respect to the\\nstate university and the community colleges, and the board of trustees\\nof the city of New York with respect to the city university, are hereby\\nauthorized to provide for the administration of a program for the\\npurchase of such special annuities or establishment of custodial\\naccounts, and to perform or authorize the performance of such functions\\nas may be necessary for such purpose in accordance with this section.\\n 6. No agreement for reduction of salary as authorized by this section\\nor any termination thereof shall become effective until approved by and\\nfiled with the comptroller. Upon such approval and filing the\\ncomptroller shall reduce an employee's salary pursuant to said agreement\\nand pay an amount equal to the amount agreed upon for such salary\\nreduction as an employer contribution to the designated insurer or\\ninsurers or designated custodian or custodians. Notwithstanding the\\nreductions of salary authorized by this article, (i) the amount of\\nemployer and employee contributions otherwise required on behalf of an\\nemployee electing the optional retirement program pursuant to articles\\neight-B or one hundred twenty-five-A of this chapter, as the case may\\nbe, shall continue to be made on the basis of the salary of such\\nemployee without regard to such reduction, or (ii) in the event a member\\nof a public retirement system in this state agrees to a reduction of his\\nsalary in accordance with this subdivision, such agreement shall not\\ncause him to lose any benefits under such public retirement system to\\nwhich he would be otherwise entitled had he not agreed to reduce his\\nsalary for the purpose of having a special annuity purchased or\\ncontributions to a custodial account made on his behalf, and any\\nrequired employer and employee contributions shall continue to be made\\non the basis of the salary of such employee without regard to such\\nreduction. Any survivor's benefit payable pursuant to the civil service\\nlaw shall be based upon the salary of such employee without regard to\\nthe reduction authorized by this article.\\n 7. Any payroll deduction, other than income tax withholdings as\\nrequired by law, which may be required or authorized pursuant to law,\\ncontract, agreement, or any other instrument, the amount of which is\\ndetermined in relation to an employee's earnings, shall be based on the\\nsalary of such employee without regard to reduction thereof pursuant to\\nany agreement authorized by this article.\\n 8. An employee agreeing to have his salary reduced in accordance with\\nthis article shall be paid an amount equal to his salary less the amount\\nof the reduction pursuant to such agreement and any deductions\\nauthorized by law, such amount to be paid in equal installments in\\naccordance with the payroll procedure otherwise appropriate.\\n 9. Payments for contracts providing for a special annuity or custodial\\naccount shall be made by the comptroller to the designated insurer or\\ninsurers or designated custodians out of moneys otherwise available in\\naccordance with law for salaries of the employees for whom such\\nannuities are purchased or contributions to such custodial accounts are\\nmade.\\n 10. Nothing contained in this section shall impair or prevent any\\nagreements which have heretofore, or may hereafter be, entered into\\nbetween Alfred university and any employee of the state college of\\nceramics under the management and control of Alfred university as the\\nrepresentative of the state university trustees, or between Cornell\\nuniversity and any employee of the state colleges of agriculture, home\\neconomics, veterinary medicine or industrial and labor relations, the\\nstate agricultural experiment station at Geneva, or any other\\ninstitution or agency under the management and control of Cornell\\nuniversity as representative of the state university trustees for\\nreduction of the basic annual salary of any such employee as otherwise\\nfixed by or pursuant to law and purchase of a special annuity or\\ncontribution to a custodial account on his behalf. In the case of any\\nsuch employee whose salary is paid directly to him by the state, the\\ncomptroller is hereby authorized to reduce his salary in accordance with\\nany such agreement as certified on the appropriate payroll and upon the\\naudit and warrant of the comptroller the amount of any such reduction\\nshall be paid to Alfred university or Cornell university, as the case\\nmay be, out of moneys appropriated and otherwise available for the\\npayment of such employee's salary, for the purchase by such university\\nof a special annuity or contribution to a custodial account for such\\nemployee. No agreement for reduction of salary and purchase of a special\\nannuity or contribution to a custodial account by any employee to whom\\nthis subdivision is applicable shall cause him to lose any benefits to\\nwhich he would otherwise be entitled by reason of membership in the New\\nYork state and local employees' retirement system and any required\\nemployer and employee contributions to such system shall continue to be\\nmade on the basis of the salary of such employee without regard to such\\nreduction. In the case of any such employee electing the optional\\nretirement program the amount of employer and employee contributions\\notherwise required shall continue to be made on the basis of the salary\\nof such employee without regard to such reduction. Any survivor's\\nbenefit payable pursuant to the civil service law shall be based on the\\nsalary of any employee to whom this subdivision is applicable without\\nregard to his agreement for reduction thereof. Subdivisions seven and\\neight of this section shall apply to employees to whom this subdivision\\nis applicable who enter into agreements for reduction of salary and\\npurchase of special annuities or contribution to a custodial account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "399-A", "title" : "Reduction of salaries for tax-deferred annuities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399-A", "activeDate" : "2014-09-22", "sequenceNo" : 271, "repealedDate" : null, "fromSection" : "399-A", "toSection" : "399-A", "text" : " § 399-A. Reduction of salaries for tax-deferred annuities. The board\\nof higher education of a city having a population of one million or\\nmore, in its discretion, may enter into a written agreement with any of\\nits employees to reduce the annual salary, as otherwise earned and\\npayable by law, of such employee for the purpose of providing a\\ntax-deferred annuity for such employee under the retirement system in\\nwhich such employee is currently a member; but only if such retirement\\nsystem specifically provides for such tax-deferred annuities, and\\nsubject to any provisions and limitations applicable thereto. Any such\\nagreement may be terminated upon written notice by either such employee\\nor such board. Nothing contained in this section shall be construed to\\ndiminish or impair any benefits to which such employee or his legal\\nrepresentatives or beneficiaries would be otherwise entitled had such\\nsalary reduction agreement not been entered into in accordance with the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A9", "title" : "School Buildings and Sites", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-29", "2017-08-18", "2021-01-01", "2024-12-20" ], "docLevelId" : "9", "activeDate" : "2014-09-22", "sequenceNo" : 272, "repealedDate" : null, "fromSection" : "401", "toSection" : "420", "text" : " ARTICLE 9\\n SCHOOL BUILDINGS AND SITES\\nSection 401. Sites; designation and change.\\n 402. Sale of former schoolhouse or site.\\n 402-a. Procedures for closing a school building.\\n 403. Application of proceeds of sale.\\n 403-a. Leasing of school property.\\n 403-b. Leasing of school buildings and facilities.\\n 404. Acquisition of real property.\\n 405. Conveyance of property to public corporations.\\n 406. Vesting of title of lands in certain cases.\\n 407. Application to certain districts.\\n 407-a. Authorization for dormitory authority financing of\\n capital facilities for special act school districts.\\n 407-b. Authorization for dormitory authority financing of\\n capital facilities for state-supported schools for\\n blind and deaf students.\\n 408. Plans and specifications of school buildings must be\\n approved by commissioner of education.\\n 408-a. Plans and specifications for construction of new school\\n buildings.\\n 408-b. Submitting plans and specifications of school buildings\\n with local fire and law enforcement officials.\\n 409. School building regulations in relation to health and\\n safety.\\n 409-a. Eye safety devices for certain students and teachers.\\n 409-b. Use of mercury vapor or metal halide lamps within school\\n buildings.\\n 409-c. Athletic safety equipment.\\n 409-d. Comprehensive public school building safety program.\\n 409-e. Uniform code of public school buildings inspection,\\n safety rating and monitoring.\\n 409-f. Electrically operated partition and door safety.\\n 409-g. Purchase and use of paradichlorobenzene deodorizers.\\n 409-h. Requirements for notification of pesticide applications.\\n 409-i. Procurement and use of environmentally-sensitive cleaning\\n and maintenance products.\\n 409-j. Emergency alert notification system in public schools;\\n cities with a population of one million or more.\\n 409-k. Pesticide alternatives.\\n 410. Officials not to be interested in sales, leases or\\n contracts.\\n 412. Condemnation of schoolhouse and erection of new\\n schoolhouse in place thereof.\\n 413. Use of school buildings for examinations.\\n 414. Use of schoolhouse and grounds.\\n 415. No schoolhouse shall be built on town line.\\n 416. School taxes and school bonds.\\n 417. Allocation of moneys by regents for extraordinary relief\\n to school districts.\\n 418. Purchase and display of flag.\\n 419. Display of flags in assembly rooms.\\n 419-a. Display of flags in classrooms.\\n 420. Rules and regulations.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "401", "title" : "Sites; designation and change", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "401", "activeDate" : "2014-09-22", "sequenceNo" : 273, "repealedDate" : null, "fromSection" : "401", "toSection" : "401", "text" : " § 401. Sites; designation and change. 1. The designation of a site by\\nany school district meeting shall be by written resolution containing a\\ndescription thereof by metes and bounds, and such resolution must\\nreceive the assent of a majority of the qualified voters present and\\nvoting at said meeting, to be ascertained by taking and recording the\\nayes and noes, or by ballot.\\n 2. A board of education in a union free school district containing a\\npopulation of five thousand or more may, without a vote of the qualified\\nvoters of said district, designate sites or additions thereto for school\\nhouses or for any other school purpose.\\n 3. No site of a schoolhouse shall be changed unless a majority of the\\nlegal voters present and voting at a district meeting shall adopt a\\nresolution designating a new site and describing such site by metes and\\nbounds. Such resolution shall be adopted either by ballot or by taking\\nand recording the ayes and noes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "402", "title" : "Sale of former schoolhouse or site", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "402", "activeDate" : "2014-09-22", "sequenceNo" : 274, "repealedDate" : null, "fromSection" : "402", "toSection" : "402", "text" : " § 402. Sale of former schoolhouse or site. 1. Whenever the site of a\\nschoolhouse shall have been changed, as herein provided, and after the\\nvalue of such property has been appraised by the local assessor or a\\nqualified private real property appraiser, the inhabitants of a district\\nentitled to vote, lawfully assembled at any district meeting, shall have\\npower, by a majority of the votes of those present and voting, to direct\\nthe sale of the former site or lot, and the buildings thereon and\\nappurtenances or any part thereof, at such price and upon such terms as\\nthey shall deem proper; and any deed duly executed by the trustees of\\nsuch district, or a majority of them, in pursuance of such direction,\\nshall be valid and effectual to pass all the estate or interest of such\\nschool district in the premises.\\n 2. Whenever the education of all the children of any school district\\nshall have been provided outside the district for a period of two years,\\nor more, pursuant to the provisions of article forty-one of this\\nchapter, and the site of the schoolhouse or other grounds used for\\nschool purposes shall have been unused for a like period, and after the\\nvalue of such property has been appraised by the local assessor or a\\nqualified private real property appraiser, the inhabitants of a district\\nentitled to vote, shall have the power, by a majority of the votes of\\nthose present and voting, to determine that such site or grounds, and\\nbuildings thereon, are of no further use to the district and to direct\\nthe sale thereof, subject to the approval of the commissioner, at such\\nprice and upon such terms as they shall deem proper; and any deed duly\\nexecuted by the trustees of such district, or a majority of them, in\\npursuance of such direction, shall be valid and effective to pass all\\nthe estate or interest of such school district in the premises. Prior to\\nthe sale of school buildings and site or grounds, as provided by this\\nsubdivision, the board of education or the trustees, having jurisdiction\\nthereof, may lease such school buildings and site or grounds, or any\\npart thereof, for residential purposes for periods not in excess of one\\nyear. Rentals therefor shall be in such amounts and payable at such\\ntimes as the board shall determine.\\n Prior to such sale such board of education or trustees may lease such\\nschool buildings and site or grounds, or any part thereof, as provided\\nin section four hundred three-a of this chapter.\\n 3. When a credit shall be directed to be given upon such sale for the\\nconsideration money, or any part thereof, the trustees are hereby\\nauthorized to take in their corporate name such security by bond and\\nmortgage, or otherwise, for the payment thereof, as they shall deem\\nbest, and shall hold the same as a corporation, and account therefor to\\ntheir successors in office and to the district, in the manner they are\\nnow required by law to account for moneys received by them; and the\\ntrustees of any such district and their successors may, in the name of\\ntheir office, sue for and recover the moneys due and unpaid upon any\\nsecurity so taken by them or their predecessors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "402-A", "title" : "Procedures for closing a school building", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "402-A", "activeDate" : "2014-09-22", "sequenceNo" : 275, "repealedDate" : null, "fromSection" : "402-A", "toSection" : "402-A", "text" : " § 402-a. Procedures for closing a school building. 1. At least six\\nmonths in advance of a proposed school closing, the trustees or board of\\neducation of a school district in which such building is located are\\nhereby authorized and recommended to establish an advisory committee on\\nschool building utilization to investigate the educational impact of\\nsuch a closing. In a city with a population of one million or more, when\\nthe city board is considering the closing of any school building, such\\ncity board is hereby authorized and recommended to establish such\\nadvisory committee on school building utilization for schools within its\\njurisdiction and delegate to the appropriate community school board the\\nresponsibility for appointing such a committee for any school within the\\njurisdiction of such community school board. Each committee may be\\ncomprised of but not limited to school district authorities, teaching\\nand nonteaching personnel, parents of pupils who attend public schools\\nin the district, other residents of the district, and representatives\\nfrom business, labor and local government. Such committee, if\\nestablished, shall prepare in writing an educational impact statement\\nwhich shall consider the criteria stated in subdivision two of this\\nsection.\\n 2. The factors to be considered by the committee in the educational\\nimpact statement shall include, but not be limited to:\\n (a) The current and projected pupil enrollment, the prospective need\\nfor such building, the ramifications of such closing upon the community,\\ninitial costs and savings resulting from such closing, the potential\\ndisposability of the closed school;\\n (b) Possible use of such school building for other educational\\nprograms or administrative services;\\n (c) The effect of such closing on personnel needs, and on the costs of\\ninstruction, administration, transportation and other support services;\\n (d) Type, age and physical condition of such building, outstanding\\nindebtedness, maintenance and energy costs, recent or planned\\nimprovements for the building, and such building's special features;\\n (e) Ability of the other schools in the affected district to\\naccommodate pupils if such school building closes; and\\n (f) Possible shared utilization of space in such school building\\nduring or after regular school hours, as permitted in section four\\nhundred fourteen of this chapter.\\n 3. (a) Such educational impact statement shall be filed with the board\\nof education or in a city with a population of one million or more, with\\nthe city board and/or the appropriate community school board. Such board\\nof education shall publish a notice of such proposed closing in at least\\none newspaper of general circulation in the community once a week for\\ntwo weeks, and shall post a notice conspicuously in the affected school\\ndistrict, which shall also be circulated to elected state and local\\npublic officials who represent the affected communities.\\n (b) After the statement has been filed and circulated, the board of\\neducation, and in a city with a population of one million or more, the\\ncity board or, where applicable, the community school board shall hold a\\npublic hearing to evaluate the impact of the proposed closing on the\\naffected district. Such hearing shall be held within sixty days of the\\nissuance of the educational impact statement at times and places\\nconvenient and accessible to the public. Notice of such hearing shall be\\npublished by such board of education in at least one newspaper of\\ngeneral circulation in the community once a week for two weeks, and\\nshall be posted conspicuously in the affected school district, and shall\\nalso be circulated to elected state and local public officials who\\nrepresent the affected communities. At such hearing, factors enumerated\\nin subdivision two of this section shall be considered and alternatives\\nmay be presented by interested parties.\\n (c) The board of education shall render a decision at a regular or\\nspecial meeting, the results of which shall be recorded and made\\navailable to the public. In a city having a population of one million or\\nmore, the community school board shall submit written recommendations\\nfor schools within its jurisdiction to the city board. The city board\\nshall render a decision for all proposed school building closings at a\\nregular or special meeting, the results of which shall be recorded and\\nmade available to the public.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "403", "title" : "Application of proceeds of sale", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403", "activeDate" : "2014-09-22", "sequenceNo" : 276, "repealedDate" : null, "fromSection" : "403", "toSection" : "403", "text" : " § 403. Application of proceeds of sale. All moneys arising from any\\nsale made in pursuance of the last preceding section, shall be applied\\nto the expenses incurred in procuring a new site, and in removing or\\nerecting thereon a schoolhouse, and improving and furnishing such site\\nand building and their appurtenances, so far as such application shall\\nbe necessary; and the surplus, if any, shall be devoted to the purchase\\nof school apparatus and the support of the school, as the voters of the\\ndistrict at any meeting shall direct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "403-A", "title" : "Leasing of school property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403-A", "activeDate" : "2014-09-22", "sequenceNo" : 277, "repealedDate" : null, "fromSection" : "403-A", "toSection" : "403-A", "text" : " § 403-a. Leasing of school property. 1. The board of education or\\ntrustees of a school district are hereby authorized to adopt a\\nresolution providing that specific real property of such district is not\\ncurrently needed for school district purposes and that the leasing of\\nsuch real property is in the best interest of the school district. The\\nterms of such lease shall be subject to the following:\\n (a) The rental payment shall not be less than the fair market rental\\nvalue as determined by the board of education.\\n (b) The term of the lease shall not exceed ten years.\\n (c) Upon termination, the lessee shall be obligated to restore the\\nreal property to its original condition less ordinary depreciation,\\nprovided that the school district may waive such requirement if the\\ntenant has made improvements to such real property which may not be\\nremoved without causing substantial damage to such real property.\\n 2. Upon the consent of the commissioner, renewal of a lease may be\\nmade for a period of up to ten years.\\n 3. The board of education or trustees of a school district are hereby\\nauthorized to lease real property upon such terms and conditions as the\\nboard of education or trustees may deem appropriate to any person,\\npartnership or corporation such board of education or trustees shall\\nhave determined who will provide the most benefit to the school district\\nfor periods not to exceed ten years. Such leases may also be renewed for\\na period of up to ten years upon the consent of the commissioner.\\n 4. Upon termination of the lease, if the school district incurs\\nexpenses in restoring the real property to school use, such expenses\\nshall not be included in computing any apportionment or state building\\naid to such district.\\n 5. Notwithstanding the provisions of paragraph (b) of subdivision one\\nhereof the board of education or trustees of a school district are\\nhereby authorized to enter into a lease agreement in accordance with the\\nprovisions of this section for a period in excess of ten years subject,\\nhowever, to voter approval by referendum.\\n 6. Nothing contained herein shall prevent the board of education or\\ntrustees of a school district from entering into a lease agreement which\\nprovides for the cancellation of the same by such board or trustees\\nupon:\\n (a) a substantial increase or decrease in pupil enrollment; or\\n (b) a substantial change in the needs and requirements of a school\\ndistrict with respect to facilities; or\\n (c) any other change which substantially affects the needs or\\nrequirements of a school district or the community in which it is\\nlocated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "403-B", "title" : "Leasing of school buildings and facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403-B", "activeDate" : "2014-09-22", "sequenceNo" : 278, "repealedDate" : null, "fromSection" : "403-B", "toSection" : "403-B", "text" : " § 403-b. Leasing of school buildings and facilities. 1. The board of\\neducation of any union free or central school district is hereby\\nauthorized to enter into a lease with any other union free or central\\nschool district providing for the use and occupancy by any such school\\ndistrict of a school building, or a portion thereof, owned by such other\\nschool district, provided such lessee school district is within a\\nreasonable distance, as determined by the commissioner, from the lessor\\nschool district, subject to the conditions set forth in this\\nsubdivision. The board of education of any union free or central school\\ndistrict is hereby authorized to enter into a lease with any person,\\npartnership or corporation for use and occupancy of a building or\\nfacility, or a portion thereof, owned by such person, partnership, or\\ncorporation for use as a school facility provided that such building or\\nfacility is located within the school district and subject to the\\nconditions set forth in this subdivision.\\n a. No such lease shall be for a period of more than five years,\\nexcept that the term of such a lease may exceed five years if the\\napproval of the voters of the school district which will become the\\nlessee is obtained before the lease is executed. Notwithstanding any\\nother provision of this section to the contrary, the initial term of\\nsuch a lease, not including any renewals thereof, may not exceed the\\nperiod of probable usefulness that would be prescribed for such building\\nor facilities by the local finance law if the building or facility were\\nowned by a school district.\\n b. The approval of the voters of the school district which will\\nbecome the lessee shall be obtained for any capital project to be\\nundertaken in a leased building or facility during the term of the\\nlease, provided however that any such capital project shall be subject\\nto the prior approval of the commissioner and shall only be approved\\nwhere the commissioner finds that the need for such project has been\\nestablished to the commissioner's satisfaction.\\n c. Such lease shall not become effective until the commissioner shall\\nhave approved the same. In approving such leases, the commissioner shall\\ndetermine: (i) that the leased facility meets all applicable standards\\nfor the health, safety and comfort of occupants; (ii) that the leased\\nfacility is educationally adequate as determined by the commissioner for\\nnew construction or rehabilitation, and (iii) that district has a\\ncurrent five-year facilities plan, or other long-range facilities plan\\nas applicable, that is consistent with the regulations of the\\ncommissioner, and includes the proposed lease as well as all other\\nplanned acquisitions, disposals and leasing of buildings or facilities\\nfor school purposes during the period of the plan.\\n d. Any such lease may be renewed, provided however that the approval\\nof the voters of the school district which will become the lessee shall\\nbe obtained before such renewal is executed.\\n e. To be eligible for aid pursuant to subdivision six of section\\nthirty-six hundred two of this chapter, such leased school or facility\\nshall meet requirements for access by individuals with disabilities to\\nboth facilities and programs, as defined in regulations of the\\ncommissioner, and the leased space shall be used to house programs for\\npupils in grades prekindergarten through twelve, other than programs\\nfunded pursuant to section forty-four hundred ten of this chapter, with\\nminimal associated administrative and support services space as approved\\nby the commissioner.\\n f. The term \"lease\", as used in this section, shall not include a\\nlease with an option to purchase. Any lease entered pursuant to this\\nsection shall include a provision that the lease shall be void and\\nunenforceable if entered into in violation of section eight hundred one\\nof the general municipal law or section four hundred ten of this\\nchapter.\\n 2. Any union free or central school district which shall have leased a\\nschool building from another school district or from a person,\\npartnership or corporation pursuant to the provisions of this section is\\nhereby authorized to operate and conduct school in such building in all\\nrespects as though such school building were owned by and located within\\nthe boundaries of such school district. The average daily attendance of\\npupils attending such school shall be included in the average daily\\nattendance of such lessee district as certified to the commissioner in\\nthe report of the board of education.\\n 3. A school district providing transportation between a school\\nbuilding leased from another district and the homes of the children\\nattending such school shall be entitled to transportation aid as though\\nsuch school were located within the lessee school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "404", "title" : "Acquisition of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "404", "activeDate" : "2014-09-22", "sequenceNo" : 279, "repealedDate" : null, "fromSection" : "404", "toSection" : "404", "text" : " § 404. Acquisition of real property. Real property may be acquired in\\nany school district and in any city having less than seventy thousand\\ninhabitants, for school purposes and for any other purpose for which\\nsuch property may be acquired as provided in this chapter, as follows:\\n 1. By gift, grant, devise or purchase.\\n 2. By involuntary acquisition, if an agreement cannot be made with the\\nowner for the purchase thereof. Such proceedings shall be instituted\\nand conducted by the trustee or board of education, in the name of the\\ndistrict under the provisions of the eminent domain procedure law.\\n 3. This section does not permit the acquisition by condemnation of\\nless than the whole of a city or village lot with the erections and\\nimprovements thereon.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "405", "title" : "Conveyance of property to public corporations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "405", "activeDate" : "2014-09-22", "sequenceNo" : 280, "repealedDate" : null, "fromSection" : "405", "toSection" : "405", "text" : " § 405. Conveyance of property to public corporations. In addition to\\nany other power conferred or possessed by virtue of any provisions of\\nthis chapter, the board of education, trustee or trustees of any school\\ndistrict may convey any school site or lot and the buildings thereon and\\nappurtenances or any part thereof, provided that title to any such\\nschool property is in such board, trustee or trustees, and when no\\nlonger needed, either without consideration or for such consideration\\nand upon terms and conditions as such board, trustee or trustees may\\ndetermine to a public corporation, as defined in the general\\nconstruction law, provided that such real property is to be used by such\\ncorporation for the purposes of the corporation or for a public use. In\\nany school district, except a city school district in a city having a\\npopulation of one hundred twenty-five thousand inhabitants or more, such\\nsale and conveyance shall be submitted to the voters of the district for\\napproval at an annual or special district meeting in the same manner as\\nis now provided by law for the submission of propositions. A board of\\ncooperative educational services or a board of education, without\\napproval of the voters of the school district and upon such\\nconsideration as the board may determine, may convey an easement or\\nright of way over school property for public utility services to any\\nmunicipality, municipal district, authority or public utility. In any\\ncity of over one hundred twenty-five thousand population any sale or\\nconveyance shall be subject to approval by the local governing body of\\nsuch city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "406", "title" : "Vesting of title of lands in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "406", "activeDate" : "2014-09-22", "sequenceNo" : 281, "repealedDate" : null, "fromSection" : "406", "toSection" : "406", "text" : " § 406. Vesting of title of lands in certain cases. Boards of\\neducation in cities having less than seventy thousand inhabitants are\\nhereby clothed with all the powers of trustees, and the title to any and\\nall lands acquired in any city under the provisions of section four\\nhundred four of this chapter shall vest in the board of education\\nthereof, or such other corporate body as is by law vested with the title\\nto the school lands in such city. But nothing herein contained shall be\\nconstrued to limit or circumscribe the powers and duties heretofore\\nlodged in such board of education by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "407", "title" : "Application to certain districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "407", "activeDate" : "2014-09-22", "sequenceNo" : 282, "repealedDate" : null, "fromSection" : "407", "toSection" : "407", "text" : " § 407. Application to certain districts. The provision of section\\nfour hundred four of this article shall apply to union free school\\ndistricts and to districts organized under special laws; and the\\ntrustees of such districts and the boards of education organized under\\nspecial laws shall be and are hereby clothed with all the powers vested\\nin trustees in the three preceding sections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "407-A", "title" : "Authorization for dormitory authority financing of capital facilities for special act school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "407-A", "activeDate" : "2014-09-22", "sequenceNo" : 283, "repealedDate" : null, "fromSection" : "407-A", "toSection" : "407-A", "text" : " § 407-a. Authorization for dormitory authority financing of capital\\nfacilities for special act school districts. 1. The legislature\\ndeclares that it is in the interest of the state, the school districts\\nand the children of the state to assure that special act school\\ndistricts educating children with handicapping conditions pursuant to\\ncontracts with public school districts or social services districts have\\nsufficient facilities related to the education of such children. The\\nlegislature finds that special act school districts providing such\\neducation are in need of improved and additional facilities related to\\nthe education of such children, and the means to finance the\\nconstruction of such improvements and additional facilities. The\\nlegislature, therefore, enacts the following provisions.\\n 2. This section shall apply to special act school districts listed in\\nchapter five hundred sixty-six of the laws of nineteen hundred\\nsixty-seven, as amended, which contract with public school districts or\\nsocial services districts for the education of children with\\nhandicapping conditions pursuant to article eighty-one or eighty-nine of\\nthis chapter.\\n 3. Such special act school districts may enter into leases, subleases\\nor other agreements with the dormitory authority pursuant to title four\\nof article eight of the public authorities law for the financing of the\\ndesign, construction, reconstruction, rehabilitation, improvement,\\nrenovation or otherwise providing for, furnishing or equipping of\\ncapital facilities which are educational facilities where the total\\nestimated cost of such facilities exceeds ten thousand dollars. The\\nplans and specifications of such capital facilities shall be subject to\\nthe approval of the commissioner with respect to educational facilities.\\nSuch capital facilities may be constructed only on land owned by such\\nspecial act school district or, if the land is leased, where the lease\\nis for a period at least equal to the appropriate period of probable\\nusefulness for such facilities as listed in section 11.00 of the local\\nfinance law, or the length of the lease, sublease or other agreement\\nwith the dormitory authority, whichever is longer.\\n 4. Each such special act school district shall, notwithstanding any\\nother provision of law, have the power to convey, lease, sublease or\\notherwise make available to the dormitory authority without\\nconsideration, title or any other rights in real property satisfactory\\nto the dormitory authority.\\n 5. In addition to providing for all other matters deemed necessary and\\nproper, such leases, subleases and other agreements shall (a) require\\nsuch special act school district to pay to the dormitory authority\\nannual rentals which shall include the amount required to pay the\\nprincipal of and interest on obligations of the dormitory authority\\nissued in relation to providing such facilities and all incidental\\nexpenses of the dormitory authority incurred in relation thereto, (b)\\nrequire the special act school district to include an amount sufficient\\nto meet its obligations under the lease, sublease or other agreement in\\neach proposed budget submitted during the term of the lease, sublease or\\nother agreement and (c) include a provision that such agreement shall\\nnot be effective unless and until it is approved by the commissioner\\nwith respect to educational facilities.\\n 6. Title or other real property rights to the capital facilities\\nfinanced pursuant to this section shall remain with the dormitory\\nauthority until the dormitory authority certifies to the commissioner\\nwith respect to educational facilities and the comptroller the receipt\\nby it of the amount necessary to pay the total aggregate amount of\\nannual rentals to the dormitory authority. At such time, title or other\\nreal property rights thereto shall be transferred by the dormitory\\nauthority to such special act school district for use for educational\\npurposes. In order to avail itself of the provisions of this section,\\neach such special act school district must also agree to continue to\\noperate a program for the education of children pursuant to contract\\nwith public school districts or social services districts, and such\\nlease, sublease or other agreement with the dormitory authority shall\\nprovide that, if the special act school district shall cease to operate\\nsuch a program at any time during the term of the agreement, the state\\nwill have the option to take title or other real property rights in\\nland, buildings, equipment and other properties which the special act\\nschool district uses for its program upon, subject to appropriations,\\npayment by the state to the dormitory authority of the amount required\\nto pay the total aggregate amount of annual rentals to the dormitory\\nauthority.\\n 7. On or before November fifteenth of each year, the dormitory\\nauthority shall submit, and thereafter may resubmit, to the director of\\nthe budget, the state comptroller, the chairman of the senate finance\\ncommittee and the chairman of the assembly ways and means committee a\\nreport setting forth the amounts, if any, of all annual rentals\\nestimated to become due in the succeeding state fiscal year to the\\ndormitory authority from the special act school districts pursuant to\\nany leases, subleases or other agreements between the dormitory\\nauthority and such special act school districts to provide educational\\nfacilities for such special act school district. The state comptroller\\nshall pay over to the dormitory authority pursuant to appropriations\\ntherefor solely from moneys available in the school capital facilities\\nfinancing reserve fund the amount set forth in such report at the times\\nand in the amounts set forth in the certificate filed with the\\ncomptroller by the dormitory authority pursuant to subparagraph (iv) of\\nparagraph (b) of subdivision eight of this section.\\n 8. Method of payment; reserve fund. (a) Each special act school\\ndistrict which elects to avail itself of the provisions of this section\\nshall have established with the state comptroller a school capital\\nfacilities financing reserve account which shall be used to pay to the\\ndormitory authority the annual rentals payable to the dormitory\\nauthority by special act school districts which have entered into\\nleases, subleases or other agreements with the dormitory authority to\\nprovide educational facilities pursuant to the provisions of this\\nsection. The dormitory authority shall identify to the state comptroller\\nand to the commissioner with respect to educational facilities, the\\nspecial act school districts with which it has leases, subleases or\\nother agreements pursuant to this section and shall annually certify the\\namount of annual rentals required to be paid pursuant to such leases,\\nsubleases or other agreements.\\n (b) (i) There is hereby established in the custody of the state\\ncomptroller a special fund to be known as the school capital facilities\\nfinancing reserve fund. Within such fund, there is hereby established a\\nspecial account for each special act school district which enters into a\\nlease, sublease or other agreement with the dormitory authority pursuant\\nto this section.\\n (ii) Notwithstanding the provisions of any other law, such fund shall\\nconsist of part of the tuition payments from public school districts and\\nsocial services districts as determined by the commissioner, and state\\naid to special act school districts pursuant to subdivision six of\\nsection thirty-six hundred two of this chapter as determined by the\\ncommissioner. The comptroller shall maintain sufficient amounts in the\\nfund in order to pay when due the annual rentals due to the dormitory\\nauthority from each such special act school district pursuant to any\\nlease, sublease or other agreement entered into pursuant to the\\nprovisions of this section. The dormitory authority shall certify to\\nthe state comptroller the dates and amount of such annual payments as\\nscheduled in its leases, subleases or other agreements with such special\\nact school districts. The commissioner with respect to educational\\nfacilities shall certify the amount of payments due the fund from public\\nschool districts and social services districts, respectively and such\\npublic school districts and social services districts shall make such\\npayments to the fund at such times as shall be prescribed by the\\ncommissioner with respect to educational facilities, subject to the\\napproval of the director of the budget, and after consultation with the\\ndormitory authority.\\n (iii) Revenues in any special account in the school capital facilities\\nfinancing reserve fund may be commingled with any other moneys in such\\nfund. All deposits of such revenues with banks and trust companies shall\\nbe secured by obligations of the United States or of the state of New\\nYork or its political subdivisions. Such obligations shall have a\\nmarket value at least equal at all times to, but not less than, one\\nhundred five percent of the amount of such deposits. All banks and trust\\ncompanies are authorized to give security for such deposits. Any such\\nrevenues in such fund may, in the discretion of the comptroller, be\\ninvested in obligations of the United States or the state or obligations\\nthe principal of and interest on which are guaranteed by the United\\nStates or by the state. Any interest earned shall be credited to such\\nfund.\\n (iv) Upon receipt by the comptroller of a certificate or certificates\\nfrom the dormitory authority that it requires a payment or payments from\\nthe appropriate special account established for a special act school\\ndistrict in order for such special act school district to comply with\\nany lease, sublease or other agreement pursuant to this section, each of\\nwhich certificates shall specify the required payment or payments and\\nthe date when the payment or payments is required, the comptroller shall\\npay from such special account on or before the specified date or within\\nthirty days after receipt of such certificate or certificates, whichever\\nis later, to the paying agent designated by the dormitory authority in\\nany such certificate, the amount or amounts so certified.\\n (v) All payments of money from the school capital facilities financing\\nreserve fund shall be made on the audit and warrant of the state\\ncomptroller.\\n 9. Notwithstanding the provisions of any contract pursuant to article\\neighty-one or eighty-nine of this chapter between a social services\\ndistrict or a public school district and a special act school district,\\nif the special act school district enters into a lease, sublease or\\nother agreement with the dormitory authority pursuant to this section,\\npayments due from the public school district or social services district\\nshall be made in accordance with the provisions of this section.\\n 10. All state and local officials are authorized and required to take\\nwhatever actions are necessary to carry out the provisions of this\\nsection and the provisions of any leases, subleases or other agreements\\nentered into pursuant to this section, including making the required\\npayments to the dormitory authority.\\n 11. Any contract undertaken or financed by the dormitory authority for\\nany construction, reconstruction, rehabilitation or improvement for any\\nspecial act school district shall comply with the provisions of sections\\none hundred one and one hundred three of the general municipal law.\\n 12. Notwithstanding any other provision of law to the contrary, the\\ndormitory authority may execute leases, subleases, or other agreements\\nwith special act school districts for financing of the design,\\nconstruction, rehabilitation, improvement, renovation, acquisition or\\nprovision, furnishing or equipping of capital facilities; provided,\\nhowever, that during the two year period commencing July first, nineteen\\nhundred ninety-five, the amount of bonds inclusive of principal,\\ninterest and issuance costs to be issued for each individual lease,\\nsublease, or other agreement shall not exceed fifteen million dollars\\nannually; and provided further that the total amount of such bonds for\\nall such leases, subleases, or agreements with special act school\\ndistricts during such period shall not exceed twenty million dollars.\\nOn or before September first of each year, the commissioner shall submit\\nto the chairs of the assembly ways and means committee, the senate\\nfinance committee and the director of the budget, a capital plan for\\nthose projects expected to be bonded for special act school districts\\npursuant to this section, within such twenty million dollar allowance.\\nAfter application of the principles of the capital assets preservation\\nprogram, such plan shall accord priority to health and safety\\nconsiderations and shall specify the name, location, estimated total\\ncost of the project at the time the project is to be bid, the\\nanticipated bid date and the anticipated completion date and may contain\\nany further recommendations the commissioner may deem appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "407-B", "title" : "Authorization for dormitory authority financing of capital facilities for state-supported schools for blind and deaf students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "407-B", "activeDate" : "2014-09-22", "sequenceNo" : 284, "repealedDate" : null, "fromSection" : "407-B", "toSection" : "407-B", "text" : " § 407-b. Authorization for dormitory authority financing of capital\\nfacilities for state-supported schools for blind and deaf students. 1.\\nThe legislature declares that it is in the interest of the state and the\\nchildren of the state to assure that state-supported schools for the\\ninstruction of blind and deaf students and other children with\\nhandicapping conditions pursuant to article eighty-five of this chapter\\nand chapter one thousand sixty of the laws of nineteen hundred\\nseventy-four have sufficient facilities related to the education of such\\nchildren. The legislature finds that state-supported schools for blind\\nand deaf students providing such education are in need of improved and\\nadditional facilities related to the education of such children, and the\\nmeans to finance the construction of such improvements and additional\\nfacilities. The legislature, therefore, enacts the following provisions.\\n 2. This section shall apply to state-supported schools for the\\ninstruction of the blind and deaf students and children with other\\nhandicapping conditions, subject to the appointment of the commissioner,\\npursuant to article eighty-five of this chapter and chapter one thousand\\nsixty of the laws of nineteen hundred seventy-four.\\n 3. Such state-supported schools may enter into leases, subleases or\\nother agreements with the dormitory authority pursuant to title four of\\narticle eight of the public authorities law for the financing of the\\ndesign, construction, reconstruction, rehabilitation, improvement,\\nrenovation or otherwise providing for furnishing or equipping of\\neducational or residential facilities where the total estimated cost of\\nsuch facilities exceeds ten thousand dollars. The plans and\\nspecifications of such capital facilities shall be subject to approval\\nof the commissioner. Such educational or residential facilities may be\\nconstructed only on land owned by such state-supported school or, if the\\nland is leased, where the lease is for a period at least equal to the\\nappropriate period of probable usefulness for such facilities as listed\\nin section 11.00 of the local finance law, or the length of the lease,\\nsublease or other agreement with the dormitory authority, whichever is\\nlonger.\\n 4. Each state-supported school shall, notwithstanding any other\\nprovision of law, have the power to convey, lease, sublease or otherwise\\nmake available to the dormitory authority without consideration, title\\nor any other rights in real property satisfactory to the dormitory\\nauthority.\\n 5. In addition to providing for all other matters deemed necessary and\\nproper, such leases, subleases and other agreements shall (a) require\\nthe state-supported school to pay to the dormitory authority annual\\nrentals which shall include the amount required to pay the principal of\\nand interest on obligations of the dormitory authority issued in\\nrelation to providing such facilities and all incidental expenses of the\\ndormitory authority incurred in relation thereto, (b) require the\\nstate-supported school to include an amount sufficient to meet its\\nobligations under the lease, sublease or other agreement in each\\nproposed budget submitted during the term of the lease, sublease or\\nother agreement, and (c) a provision that such agreement shall not be\\neffective unless and until it is approved by the commissioner and the\\ndirector of the budget.\\n 6. Title or other real property rights, to the capital facilities\\nfinanced pursuant to this section shall remain with the dormitory\\nauthority until the dormitory authority certifies to the commissioner\\nand the comptroller the receipt by it of the amount necessary to pay the\\naggregate amount of annual rentals to the dormitory authority. At such\\ntime, title or other real property rights thereto shall be transferred\\nby the dormitory authority to the state-supported school. In order to\\navail itself of the provisions of this section, each state-supported\\nschool must also agree to continue to operate a program for the\\neducation of children pursuant to article eighty-five of this chapter\\nand chapter one thousand sixty of the laws of nineteen hundred\\nseventy-four, and any lease, sublease or other agreement with the\\ndormitory authority shall provide that, if the state-supported school\\nshall cease to operate at any time during the term of the agreement, the\\nschool shall have the obligation to pay the total aggregate amount of\\nannual rentals to the dormitory authority. Upon a determination that the\\nstate-supported school is unable to satisfy such obligations, the state\\nmay take such title or other real property rights of the dormitory\\nauthority in such land, buildings, equipment and other properties which\\nthe state-supported school uses for its program upon payments, subject\\nto appropriations, by the state to the dormitory authority of the amount\\nrequired to pay the total aggregate amount of annual rentals to the\\ndormitory authority.\\n 7. On or before November fifteenth of each year, the dormitory\\nauthority shall submit, and thereafter may resubmit, to the director of\\nthe budget, the state comptroller, the chairman of the senate finance\\ncommittee and the chairman of the assembly ways and means committee a\\nreport setting forth the amounts, if any, of all annual rentals\\nestimated to become due in the succeeding state fiscal year to the\\ndormitory authority from the state-supported schools pursuant to any\\nleases, subleases or other agreements between the dormitory authority\\nand state-supported schools to provide educational and residential\\nfacilities for such state-supported schools.\\n The state comptroller shall pay over to the dormitory authority\\npursuant to appropriations therefor solely from moneys available in the\\nschool capital facilities financing reserve fund the amount set forth in\\nsuch report at the times and in the amounts set forth in the certificate\\nfiled with the comptroller by the dormitory authority pursuant to\\nsubparagraph (iv) of paragraph (b) of subdivision eight of this section.\\n 8. Method of payment; reserve fund. (a) Each state-supported school\\nwhich elects to avail itself of the provisions of this section shall\\nhave established with the state comptroller a school capital facilities\\nfinancing reserve account which shall be used to pay to the dormitory\\nauthority the annual rentals payable to the dormitory authority by\\nstate-supported schools which have entered into leases, subleases or\\nother agreements with the dormitory authority to provide educational or\\nresidential facilities pursuant to this section or to reimburse the\\nstate for expenditures from appropriations made pursuant to subdivision\\nseven of this section. The dormitory authority shall identify to the\\nstate comptroller and to the commissioner the state-supported schools\\nwith which it has leases, subleases or other agreements pursuant to this\\nsection and shall annually certify the amount of annual rentals required\\nto be paid pursuant to such leases, subleases or other agreements.\\n (b) (i) There is hereby established in the custody of the state\\ncomptroller a special fund to be known as the school capital facilities\\nfinancing reserve fund. Within such fund, there is hereby established a\\nspecial account for each state-supported school which enters into a\\nlease, sublease or other agreement with the dormitory authority pursuant\\nto this section.\\n (ii) Notwithstanding the provisions of any other law, such fund shall\\nconsist of payments as made and determined by the commissioner. The\\ncomptroller shall maintain sufficient amounts in the fund in order to\\npay when due the annual rentals due to the dormitory authority from each\\nsuch state-supported school pursuant to any lease, sublease or other\\nagreement entered into pursuant to the provisions of this section. The\\ndormitory authority shall certify to the state comptroller the dates and\\namounts of such payments as scheduled in its lease, subleases or other\\nagreements with such state-supported school. The commissioner shall\\ncertify the amount of payments due the fund from state-supported\\nschools, and shall make such payments to the fund at such times as\\nappropriate, subject to the approval of the director of the budget, and\\nafter consultation with the dormitory authority.\\n (iii) Revenues in any special account in the school capital facilities\\nfinancing reserve fund may be commingled with any other moneys in such\\nfund. All deposits of such revenues shall be secured by obligations of\\nthe United States or of the state of New York or its political\\nsubdivisions. Such obligations shall have a market value not less than\\none hundred five percent of the amount of such deposits. All the banks\\nand trust companies are authorized to give security for such deposits.\\nAny such revenues in such fund may, in the discretion of the\\ncomptroller, be invested in obligations of the United States or the\\nstate or obligations the principal of and interest on which are\\nguaranteed by the United States or by the state. Any interest earned\\nshall be credited to such fund.\\n (iv) Upon receipt by the comptroller of a certificate or certificates\\nfrom the dormitory authority that it requires a payment or payments from\\nthe appropriate special account established for a state-supported school\\nto comply with any lease, sublease or other agreement pursuant to this\\nsection, each of which certificate shall specify the required payment or\\npayments and the date when the payment or payments is required, the\\ncomptroller shall pay from such special account on or before the\\nspecified date or within thirty days after receipt of such certificate\\nor certificates, whichever is later, to the paying agent designated by\\nthe dormitory authority in any such certificate, the amount or amounts\\nso certified.\\n (v) Notwithstanding any other provisions of this subdivision to the\\nextent that the state makes appropriations for the payment of annual\\nrentals to the dormitory authority required to be paid pursuant to the\\nterms of any lease, sublease or other agreement between the dormitory\\nauthority and any state-supported schools and makes such payments,\\nmoneys in the school capital facilities financing reserve fund shall be\\nused to reimburse the state for moneys so expended from such\\nappropriation.\\n (vi) All payments of money from the school capital facilities\\nfinancing reserve fund shall be made on the audit and warrant of the\\nstate comptroller.\\n 9. All state officials are authorized and required to take whatever\\nactions are necessary to carry out the provisions of this section and\\nany leases, subleases or other agreements entered into pursuant to this\\nsection, including making the required payments to the dormitory\\nauthority.\\n 10. Notwithstanding any other provision of law to the contrary, the\\ndormitory authority may execute leases, subleases, or other agreements\\nwith state supported schools for financing of the design, construction,\\nrehabilitation, improvement, renovation, acquisition or provision,\\nfurnishing or equipping of capital facilities; provided, however, that\\nduring the two year period commencing July first, nineteen hundred\\nninety-five, the amount of bonds inclusive of principal, interest and\\nissuance costs to be issued for each individual lease, sublease, or\\nother agreement shall not exceed fifteen million dollars annually;\\nprovided further that the interest on such bonds may not be deferred\\nthrough additional borrowing; and provided finally that the total amount\\nof such bonds for all such leases, subleases, or agreements with state\\nsupported schools during such period shall not exceed sixty-five million\\ndollars.\\n On or before September first of each year, the commissioner shall\\nsubmit to the chairs of the assembly ways and means committee, the\\nsenate finance committee and the director of the budget, a capital plan\\nfor those projects expected to be bonded for state supported schools\\npursuant to this section, within such sixty-five million dollar\\nallowance. After application of the principles of the capital assets\\npreservation program, such plan shall accord priority to health and\\nsafety considerations and shall specify the name, location, estimated\\ntotal cost of the project at the time the project is to be bid, the\\nanticipated bid date and the anticipated completion date and may contain\\nany further recommendations the commissioner may deem appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "408", "title" : "Plans and specifications of school buildings must be approved by commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12", "2024-12-27" ], "docLevelId" : "408", "activeDate" : "2014-09-22", "sequenceNo" : 285, "repealedDate" : null, "fromSection" : "408", "toSection" : "408", "text" : " § 408. Plans and specifications of school buildings must be approved\\nby commissioner of education. 1. No schoolhouse shall hereafter be\\nerected, purchased, repaired, enlarged or remodeled nor shall the\\nadvertisement for bids for the execution of the plans and specifications\\nfor such schoolhouses be placed, in any school district except in a city\\nschool district in a city having seventy thousand inhabitants or more,\\nat an expense which shall exceed one hundred thousand dollars, until the\\nplans and specifications shall have been submitted to the commissioner\\nof education and his approval endorsed thereon. Such plans and\\nspecifications shall show in detail the ventilation, heating and\\nlighting of such buildings.\\n In the case of a school district in a city having seventy thousand\\ninhabitants or more, all the provisions previously set forth in this\\nsubdivision shall apply, except that the commissioner may waive the\\nrequirement for submission of plans and specifications and substitute\\ntherefor the requirement for submission of an outline of such plans and\\nspecifications for his review. Such outline shall be in a form which he\\nmay prescribe from time to time.\\n In either case, the commissioner may, in his discretion, review plans\\nand specifications for projects estimated at an expense of less than one\\nhundred thousand dollars.\\n In the case of a school district in a city having a million\\ninhabitants or more, all of the provisions previously set forth in this\\nsubdivision shall apply, except that such school district shall only be\\nrequired to submit an outline of the plans and specifications to the\\ncommissioner of education for his information where a schoolhouse is to\\nbe erected in conjunction with the development of a project to be\\ndeveloped under the provisions of article two or five of the private\\nhousing finance law and where both the school and the project are to\\nhave rights or interests in the same land, regardless of the similarity\\nor equality thereof, including fee interests, easements, space rights or\\nother rights or interests.\\n 2. The commissioner of education shall not approve the plans for the\\nerection or purchase of any school building or addition thereto or\\nremodeling thereof unless the same shall provide for heating,\\nventilation, lighting, sanitation, storm drainage and health, fire and\\naccident protection adequate to maintain healthful, safe and comfortable\\nconditions therein and unless the county superintendent of highways or\\ncommissioner of public works has been advised of the location of all\\ntemporary and permanent entrances and exits upon all public highways and\\nthe storm drainage plan which is to be used.\\n 3. The commissioner shall approve the plans and specifications,\\nheretofore or hereafter submitted pursuant to this section, for the\\nerection or purchase of any school building or addition thereto or\\nremodeling thereof on the site or sites selected therefor pursuant to\\nthis chapter, if such plans conform to the requirements and provisions\\nof this chapter and the regulations of the commissioner adopted pursuant\\nto this chapter in all other respects; provided, however, that the\\ncommissioner of education shall not approve the plans for the erection\\nor purchase of any school building or addition thereto unless the site\\nhas been selected with reasonable consideration of the following\\nfactors; its place in a comprehensive, long-term school building\\nprogram; area required for outdoor educational activities; educational\\nadaptability, environment, accessibility; soil conditions; initial and\\nultimate cost. In developing such plans and specifications, school\\ndistricts are encouraged to review the energy conservation and saving\\nbest practices available from the department and the New York state\\nenergy research and development authority.\\n 4. No funds voted by a district meeting or other competent authority\\nin any school district to which the provisions of subdivision one of\\nthis section are applicable, exceeding the amounts specified in such\\nsubdivision, shall be expended by the trustees or board of education\\nuntil the commissioner of education shall certify that the plans and\\nspecifications for the same comply with the provisions of this section.\\n 5. In a city having a population of one million or more, all\\ndesigning, draughting and inspecting necessary in connection with the\\nconstruction, additions to, alterations and maintenance of schoolhouses\\nshall be performed by a bureau established and maintained for this\\npurpose under the board of education. The work of this bureau shall be\\nperformed by civil service employees in the classified civil service\\nunder the direction of the superintendent of school buildings, design\\nand construction, except that repairs, betterment and maintenance of\\nheating and ventilating plants and equipment, elevators and mechanical\\nequipment shall remain under the direction of the superintendent of\\nplant operation and maintenance. In a special case upon approval of the\\nboard of estimate, such designing, draughting or inspecting may be\\notherwise performed.\\n 6. The commissioner may promulgate regulations relating to the\\npurchase of existing school buildings. Such regulations shall provide\\nfor an appraisal of such buildings as school buildings and the land on\\nwhich they are situated as school sites by the commissioner of taxation\\nand finance, such estimates of the cost of renovation and construction\\nas may be necessary and limitations on the cost of acquisition and\\nrenovation, in taking into consideration the age and condition of such\\nexisting buildings, in relation to the estimated cost of constructing a\\nnew building containing comparable facilities. Such regulations may also\\nrequire the prior approval of the commissioner of any renovations\\nproposed to be made to such existing school buildings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "408-A", "title" : "Plans and specifications for construction of new school buildings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "408-A", "activeDate" : "2014-09-22", "sequenceNo" : 286, "repealedDate" : null, "fromSection" : "408-A", "toSection" : "408-A", "text" : " § 408-a. Plans and specifications for construction of new school\\nbuildings. 1. The commissioner of general services, after consultation\\nwith the commissioner of education and subject to the approval of the\\ndirector of the budget, shall promptly prepare or acquire as many master\\nsets of complete plans and specifications for the construction of new\\nschool buildings and appurtenant facilities as shall be sufficient to\\nprovide at least six different master sets each for elementary, junior\\nhigh and high schools, based on the number of pupils to be accommodated\\ntherein. Such plans and specifications shall be prepared so as to\\nprovide adequate classrooms and other necessary space and facilities at\\nthe lowest cost consistent with sound construction principles and\\npractices, and the attainment of educational objectives, and shall\\nprovide for heating, ventilation, lighting, sanitation and health, fire\\nand accident protection adequate to maintain healthful, safe, and\\ncomfortable conditions therein. Such plans and specifications shall be\\nso prepared that any possible future addition to any such school\\nbuilding may be economically effectuated. In addition, the commissioner\\nof general services shall, as often as he deems advisable but at least\\nannually, review such master sets and, after consultation with the\\ncommissioner of education, and subject to approval of the director of\\nthe budget, may revise or cancel any of such sets or prepare new sets.\\n 2. The commissioner shall cause duplicates of such master plans and\\nspecifications to be made, and he shall furnish the same to any school\\ndistrict making a request therefor for a reasonable charge sufficient to\\ncover the cost of reproducing such plans and specifications.\\n 3. Plans and specifications prepared and furnished pursuant to the\\nprovisions of this section may be adopted and used in any school\\ndistrict as the plans and specifications for the construction of any new\\nschool building or appurtenant facility hereafter to be erected.\\n 4. Nothing herein contained shall preclude any school district from\\nretaining an architect and/or engineer in connection with the use of\\nsuch master plans and specifications.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "408-B", "title" : "Submitting plans and specifications of school buildings with local fire and law enforcement officials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "408-B", "activeDate" : "2014-09-22", "sequenceNo" : 287, "repealedDate" : null, "fromSection" : "408-B", "toSection" : "408-B", "text" : " § 408-b. Submitting plans and specifications of school buildings with\\nlocal fire and law enforcement officials. The appropriate authorities\\nfor each public and private school building in the state shall submit\\nthe most current plans and specifications for each school building under\\ntheir responsibility to the fire and law enforcement officials in the\\ncity, towns or village where the school building is located. The\\ncommissioner may adopt such rules and regulations as are necessary and\\nappropriate to implement the provisions of this section to facilitate\\nits purpose of providing quick and easy access to and passage through\\nschool buildings should it be necessary for fire or law enforcement\\nreasons. Such regulations shall authorize submittal of simplified plans\\nshowing access and passage ways for older schools where original plans\\nor blueprints may not exist or where the school authorities can justify\\na claim of hardship in meeting the requirements of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409", "title" : "School building regulations in relation to health and safety", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409", "activeDate" : "2014-09-22", "sequenceNo" : 288, "repealedDate" : null, "fromSection" : "409", "toSection" : "409", "text" : " § 409. School building regulations in relation to health and safety.\\n1. All school buildings of common, union free, central, central high\\nschool and city school districts other than city school districts of\\ncities having one hundred twenty-five thousand inhabitants or more and\\nboards of cooperative educational services shall comply with such\\nregulations as the commissioner shall adopt from time to time for the\\npurpose of insuring the health and safety of pupils and staff in\\nrelation to proper heating, lighting, ventilation, sanitation and\\nhealth, fire and accident protection.\\n 2. Notwithstanding the provisions of any other law, rule or\\nregulation, tobacco use shall not be permitted and no person shall use\\ntobacco on school grounds. \"School grounds\" means any building,\\nstructure and surrounding outdoor grounds, including entrances or exits,\\ncontained within a public or private pre-school, nursery school,\\nelementary or secondary school's legally defined property boundaries as\\nregistered in a county clerk's office.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-A", "title" : "Eye safety devices for certain students and teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-A", "activeDate" : "2014-09-22", "sequenceNo" : 289, "repealedDate" : null, "fromSection" : "409-A", "toSection" : "409-A", "text" : " § 409-a. Eye safety devices for certain students and teachers. 1. The\\nboard of education, trustees, principal or other person in charge of\\nevery public or private school or educational institution within the\\nstate, wherein shops or laboratories are conducted providing\\ninstructional or experimental programs involving:\\n a. Hot solids, liquids or molten metals; or\\n b. Milling, sawing, turning, shaping, cutting, or stamping of any\\nsolid materials; or\\n c. Heat treatment, tempering, or kiln firing of any metal or other\\nmaterials; or\\n d. Gas or electric arc welding; or\\n e. Repair or servicing of any vehicle; or\\n f. Caustic or explosive chemicals or materials, shall arrange for and\\nrequire, in accordance with regulations of the commissioner, that every\\nstudent and teacher participating in any such program wear eye safety\\ndevices at the times and under the conditions prescribed in such\\nregulations.\\n 2. The commissioner shall by regulation prescribe the safety standards\\nto be met before the use of any eye safety device may be required and\\nshall include in such regulations requirements relating to the times and\\nconditions when and under which such eye safety devices shall be worn.\\n 3. Visitors to such shops or laboratories shall be furnished with and\\nrequired to wear such eye safety devices at the times and under the\\nconditions prescribed in such regulations while in such shops or\\nlaboratories.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-B", "title" : "Use of mercury vapor or metal halide lamps within school buildings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-B", "activeDate" : "2014-09-22", "sequenceNo" : 290, "repealedDate" : null, "fromSection" : "409-B", "toSection" : "409-B", "text" : " § 409-b. Use of mercury vapor or metal halide lamps within school\\nbuildings. 1. Every new or replacement mercury vapor or metal halide\\nlamp which is used within any school building in the state, for the\\npurpose of providing illumination, shall be of the safety type or\\nvariety which self-extinguishes upon the breaking, cracking or removal\\nof the outer shield protecting the lamp or if such self-extinguishing\\nvariety is not available, each such lamp or its fixture shall be\\nequipped with a shield adequate to protect against and to absorb\\nultraviolet radiation if the lamp were to break or become defective\\nwithin the shielded fixture.\\n 2. Jurisdiction is hereby conferred on the commissioner in order to\\nprovide for the enforcement of this section through rules and\\nregulations which the commissioner shall establish.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-C", "title" : "Athletic safety equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-C", "activeDate" : "2014-09-22", "sequenceNo" : 291, "repealedDate" : null, "fromSection" : "409-C", "toSection" : "409-C", "text" : " § 409-c. Athletic safety equipment. The board of education or\\ntrustees of every school district and the principal or other person in\\ncharge of every nonpublic elementary or secondary school within the\\nstate shall arrange for and require that batboys or batgirls\\nparticipating in baseball or softball competition conducted as an\\nactivity of such school district or nonpublic school shall wear\\nprotective headgear at all times when a game is in play and such batboys\\nor batgirls are on the playing field.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-D", "title" : "Comprehensive public school building safety program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2019-04-19", "2021-09-10" ], "docLevelId" : "409-D", "activeDate" : "2014-09-22", "sequenceNo" : 292, "repealedDate" : null, "fromSection" : "409-D", "toSection" : "409-D", "text" : " § 409-d. Comprehensive public school building safety program. 1.\\nProgram establishment. The commissioner is authorized and directed to\\nestablish, develop and monitor a comprehensive public school building\\nsafety program which shall include a uniform inspection, safety rating\\nand monitoring system. Such program shall require the annual inspection\\nof all public school buildings throughout New York state; establish a\\nsafety rating system for such school buildings to assess the need for\\nmaintenance, repairs, rehabilitation, reconstruction, construction and\\nother improvements related to the structural integrity and overall\\nsafety of public school buildings including but not limited to building\\nsystems related to electrical, plumbing, heating, ventilation, and air\\nconditioning, sanitation and health, fire and accident protection; and\\nrequire that such ratings be used for the purpose of developing a\\nbuildings condition survey as required pursuant to subdivision four of\\nsection thirty-six hundred forty-one of this chapter and a five year\\nfacilities plan as required pursuant to clause (i) of subparagraph two\\nof paragraph b of subdivision six of section thirty-six hundred two of\\nthis chapter.\\n 2. Commissioner's authorization. In implementing the program, the\\ncommissioner is authorized to:\\n (a) require the inspection of every public school building and\\nprescribe qualifications of persons who may perform or supervise such\\ninspections in accordance with the provisions of this section.\\n (b) establish a safety rating system keyed to the structural integrity\\nand overall safety of the building. Such system shall rate every major\\nbuilding system contained within a building and where practicable\\nidentify critical maintenance and include such information in the plan\\nrequired in subdivision ten of section thirty-six hundred forty-one of\\nthis chapter;\\n (c) require each school district to develop a buildings condition\\nsurvey;\\n (d) require each school district to develop a five year capital\\nfacilities plan;\\n (e) establish a process for monitoring all school buildings; and\\n (f) provide for waivers of the requirements of this section and/or\\nsection four hundred nine-e of this article for districts whose school\\nbuilding safety inspection procedures in existence on the effective date\\nof this section are in substantial compliance with such requirements.\\n 3. Notification. Notwithstanding any other provision of law to the\\ncontrary, the commissioner shall be authorized to notify in writing any\\nschool district or board of cooperative educational services the\\nexistence of a hazardous condition found in any school building within\\nthe school district that is in violation of applicable building, health,\\nor safety codes or regulations that may threaten the health and/or\\nsafety of students or staffs. Such notice must be acknowledged and\\nresponded to within five business days or less. Such notice shall be\\ndelivered to the superintendent of the school district or the district\\nsuperintendent of the board of cooperative educational services. In the\\ncase of a city school district in a city having a population of one\\nmillion or more inhabitants such notice shall be delivered to the\\nchancellor of the city district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-E", "title" : "Uniform code of public school buildings inspection, safety rating and monitoring", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "409-E", "activeDate" : "2014-09-22", "sequenceNo" : 293, "repealedDate" : null, "fromSection" : "409-E", "toSection" : "409-E", "text" : " § 409-e. Uniform code of public school buildings inspection, safety\\nrating and monitoring. 1. Code development, rules and regulations. The\\ncommissioner shall, after at least one public hearing, promulgate a\\nuniform code of public school building inspections, safety rating and\\nmonitoring, hereinafter referred to as the \"code\", by rule and\\nregulation. The commissioner shall periodically review the code to\\nensure that it effectuates the purposes of this section, provided\\nhowever nothing herein shall prevent a school district from enacting\\nstricter local codes so long as such code is consistent with the state\\ncode and provided further nothing herein shall affect a separate\\nrequirement to inspect and maintain school buildings pursuant to any\\nother state or local law or regulation.\\n 2. Periodic inspections. (a) Every public school building shall be\\ninspected annually in accordance with the code, provided however, the\\ncommissioner may require more frequent inspections as deemed necessary\\nto maintain the safety of school buildings and the welfare of their\\noccupants.\\n (b) As provided in paragraph (a) of this subdivision such inspections\\nshall:\\n (i) be conducted in a manner and by persons meeting the\\nqualifications, as established in the code;\\n (ii) result in a safety rating of every building as required pursuant\\nto this article; and\\n (iii) be reported on forms prescribed by the commissioner, subscribed\\nby the person or persons who conducted the inspection and filed with the\\ncommissioner within sixty days of the completion of the inspection.\\n (c) In the case of a city school district in a city having a\\npopulation of one million or more inhabitants, each school shall be\\ninspected periodically by the department of buildings pursuant to\\nsection 27-211 of the New York city building code, or any successor or\\nsubstantially similar section.\\n 3. Safety rating system. The commissioner shall develop pursuant to\\nregulations a safety rating system to be used by all school districts\\nand boards of cooperative educational services keyed to the structural\\nintegrity and overall safety of the building and shall be developed\\nusing data obtained from the building's annual inspection as required by\\nthis article. Such safety rating system shall identify and assess the\\ncondition of every major system component of every school building\\nincluding interior structures; building systems such as heating,\\nventilation, plumbing and electrical systems; exterior structures\\nincluding but not limited to roofs, masonry, stairs, and chimneys; and\\ndevelop a system which rates each building component based on at least\\nthe following factors: overall safety; structural integrity; probable\\nuseful life; need for repair or replacement; and maintenance. Such\\nsafety rating shall include mechanisms which facilitate more frequent\\ninspections and repairs as determined necessary to protect the welfare\\nand safety of students and staff residing in such school buildings. This\\ninformation shall be used for purposes of developing a buildings\\ncondition survey as required pursuant to section thirty-six hundred\\nforty-one of this chapter and a five year facilities plan as required\\npursuant to clause (i) of subparagraph two of paragraph (b) of\\nsubdivision six of section thirty-six hundred two of this chapter.\\n 4. Monitoring system. The commissioner shall develop pursuant to\\nregulations a monitoring system to oversee the safety of public school\\nbuildings. Such system shall include but not be limited to the following\\ncomponents:\\n (a) a process that identifies and provides a comprehensive maintenance\\nplan for all major building systems for each school building to ensure\\nthat all buildings are maintained in a state of good repair; and\\n (b) establishment of uniform safety standards governing all\\nconstruction projects. The safety standards shall be designed to promote\\nthe safety of pupils, staff and other building occupants during periods\\nof maintenance, repair, reconstruction, construction or any other\\nconstruction-related activity.\\n (c) establishment of a process to monitor the condition of public\\nschool buildings to provide they are safe and maintained in a state of\\ngood repair.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-F", "title" : "Electrically operated partition and door safety", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-F", "activeDate" : "2014-09-22", "sequenceNo" : 294, "repealedDate" : null, "fromSection" : "409-F", "toSection" : "409-F", "text" : " § 409-f. Electrically operated partition and door safety. The board of\\neducation, trustees, principal or other person in charge of every public\\nor private school or educational institution within the state, wherein\\nclassrooms or other facilities used by students are found to have\\nelectrically operated partitions, doors or room dividers, shall arrange\\nfor, and require, that:\\n 1. Appropriate and conspicuous notice regarding the safe and proper\\noperation and supervision of the electrical device operating such\\npartition, door or room divider is posted in the immediate vicinity of\\nthe operating mechanism;\\n 2. There is established a procedure for the notification of all school\\nemployees and all other persons who regularly make use of the area where\\nsuch device is located of the safe and proper procedure for the\\noperation of the mechanism and of the applicable penalties for disabling\\nsafety equipment required pursuant to this section; and\\n 3. Every electrically operated partition or room divider shall be\\nequipped with safety devices which, subject to standards established in\\nrules and regulations promulgated by the commissioner, stop the forward\\nmotion of the partition or room divider and stop the stacking motion of\\nthe partition or room divider when a body passes between the leading\\npanel of such partition or divider and a wall, or when a body is present\\nin the stacking area of such partition or divider.\\n Any person who disables or directs another person to disable any\\nsafety equipment required pursuant to this section shall be guilty of a\\nviolation punishable by not more than fifteen days imprisonment, or a\\nfine not to exceed one hundred dollars, or both such fine and\\nimprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-G", "title" : "Purchase and use of paradichlorobenzene deodorizers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-G", "activeDate" : "2014-09-22", "sequenceNo" : 295, "repealedDate" : null, "fromSection" : "409-G", "toSection" : "409-G", "text" : " § 409-g. Purchase and use of paradichlorobenzene deodorizers. 1. No\\nboard of education or trustees, principal or other person in charge of\\nany public or private, elementary or secondary school shall authorize\\nthe purchase of or purchase any urinal or toilet deodorizer containing\\nparadichlorobenzene.\\n 2. No public or private, elementary or secondary school shall use or\\nauthorize the use of any toilet or urinal deodorizer containing\\nparadichlorobenzene in any toilet or urinal in any school building or\\nany other facility under the control of such school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-H", "title" : "Requirements for notification of pesticide applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-H", "activeDate" : "2014-09-22", "sequenceNo" : 296, "repealedDate" : null, "fromSection" : "409-H", "toSection" : "409-H", "text" : " § 409-h. Requirements for notification of pesticide applications. 1.\\nFor purposes of this section the following terms shall have the meanings\\nset forth below:\\n (a) \"School\" shall mean any public school district or private or\\nparochial school or board of cooperative educational services.\\n (b) \"Pesticide\" shall have the same meaning as in subdivision\\nthirty-five of section 33-0101 of the environmental conservation law.\\n (c) \"Facility\" means any school building used for instructional\\npurposes and its surrounding grounds, sites and other grounds to be used\\nfor playgrounds, athletics and other instructional purposes, and any\\nadministrative offices.\\n (d) \"Written notification\" shall mean notice in writing that is:\\nprovided directly to the student or staff; or delivered to a receptacle\\ndesignated for that student or staff; or mailed to the student's or\\nstaff's last known address; or delivered by any other reasonable methods\\nauthorized by the commissioner.\\n (e) \"School year\" shall mean the period commencing on the first day of\\nregular instruction and shall end on the last day of session.\\n (f) \"Relevant facility\" shall mean any facility where the staff person\\nreceiving notification regularly works or where a child of the person in\\nparental relation receiving notification regularly receives instruction.\\n 2. Schools shall establish a pesticide notification procedure to\\nprovide information on pesticide applications at school facilities.\\nSchools shall provide written notification of pesticide applications at\\nany relevant facility to staff and persons in parental relation\\naccording to the following provisions:\\n (a) The school shall provide written notification to all staff and\\npersons in parental relation at the beginning of each school year.\\nProvided however, that if a child enrolls after the beginning of the\\nschool year, notification shall be provided within one week of such\\nenrollment. The notification provided at the beginning of the school\\nyear shall include at a minimum the following information:\\n (i) a statement that pesticide products may be used periodically\\nthroughout the school year;\\n (ii) a statement that schools are required to maintain a list of staff\\nand persons in parental relation who wish to receive forty-eight hour\\nprior written notification of pesticide applications at relevant\\nfacilities, and instructions on how to register with the school to be on\\nsuch list for notification; and\\n (iii) the name of a school representative and contact number to obtain\\nfurther information.\\n (b) Within ten days of the end of the school year and within two\\nschool days of the end of winter recess and spring recess, the school\\nshall provide written notification to all staff and persons in parental\\nrelation listing the date, location and product used, for each\\napplication which required prior notification and each emergency\\napplication made, at relevant facilities, during the period of time\\nsince the previous notice. Such notification shall also include a\\nstatement that schools are required to maintain a list of staff and\\npersons in parental relation who wish to receive forty-eight hour prior\\nwritten notification of pesticide applications and instructions on how\\nto register with the school to be on such list for prior notification;\\nhow to obtain further information about the products being applied,\\nincluding any warnings that appear on the label of the pesticides that\\nare pertinent to the protection of humans, animals or the environment;\\nand the name of a school representative and contact number for\\nadditional information.\\n (c) Each school shall establish and maintain a list of staff and\\npersons in parental relation requesting written notification forty-eight\\nhours in advance of pesticide applications at relevant facilities.\\nSchools shall add any staff or person in parental relation to such list\\nupon request.\\n (d) Not less than forty-eight hours prior to the application of a\\npesticide at a facility, a school shall provide to those on the list\\nrelevant to such facility, written notification which shall include, at\\na minimum the following information:\\n (i) the specific date and location of the application at the relevant\\nfacility. In case of outdoor applications the notice must provide a\\nspecific date, and may include two alternative dates in case the\\napplication cannot be made due to weather conditions;\\n (ii) the product name and pesticide registration number assigned by\\nthe United States Environmental Protection Agency;\\n (iii) the following statements: \"This notice is to inform you of a\\npending pesticide application to a school facility. You may wish to\\ndiscuss with the designated school representative what precautions are\\nbeing taken to protect your child from exposure to these pesticides.\\nFurther information about the product(s) being applied, including any\\nwarnings that appear on the label of the pesticide(s) that are pertinent\\nto the protection of humans, animals or the environment, can be obtained\\nby calling the National Pesticide Telecommunications Network information\\nphone number 1-800-858-7378 or the New York State Department of Health\\nCenter for Environmental Health Info line at 1-800-458-1158.\"; and\\n (iv) the name of a school representative and contact number for\\nadditional information.\\n (e) For purposes of this section the following pesticide applications\\nshall not be subject to prior notification requirements:\\n (i) the application of anti-microbial pesticides and anti-microbial\\nproducts as defined by FIFRA in 7 U.S.C. § 136 (mm) and 136q (h)(2);\\n (ii) the use of an aerosol product with a directed spray, in\\ncontainers of eighteen fluid ounces, or less, when used to protect\\nindividuals from an imminent threat from stinging and biting insects\\nincluding venomous spiders, bees, wasps, and hornets. This section shall\\nnot exempt from notification the use of any fogger product or aerosol\\nproduct that discharges to a wide area;\\n (iii) any application where the school facility remains unoccupied for\\na continuous seventy-two hour period following the application of the\\npesticide;\\n (iv) nonvolatile rodenticides in tamper resistant bait stations or in\\nareas inaccessible to children;\\n (v) silica gels and other nonvolatile ready-to-use, paste, foam or gel\\nformulations of insecticides in areas inaccessible to children;\\n (vi) nonvolatile insecticidal baits in tamper resistant bait stations\\nor in areas inaccessible to children;\\n (vii) application of a pesticide classified by the United States\\nEnvironmental Protection Agency as an exempt material under Section 40\\nCFR Part 152.25;\\n (viii) boric acid and disodium octaborate tetrahydrate;\\n (ix) the application of a pesticide which the United States\\nEnvironmental Protection Agency has determined satisfies its reduced\\nrisk criteria, including a biopesticide; or\\n (x) any emergency application of a pesticide when necessary to protect\\nagainst an imminent threat to human health, provided however, that prior\\nto any such emergency application, the person making such application\\nshall make a good faith effort to supply the written notice required\\npursuant to this section. Upon making such an emergency application, the\\nperson making such application shall notify the commissioner of the\\ndepartment of health, using a form developed by the commissioner for\\nsuch purposes that shall include minimally the name of the person making\\nthe application, the pesticide business registration number or certified\\napplicator number of the person making such application, the location\\nand date of such application, the product name and USEPA registration\\nnumber of the pesticide applied and the reason for such application. The\\ncommissioner shall review such form to ensure that the circumstance did\\nwarrant such emergency application. Such forms shall be kept on file at\\nthe department for three years from the date of application and shall be\\navailable to any individual upon request.\\n 3. The commissioner is hereby charged with ensuring the compliance of\\nschools with the requirements of this section, and shall establish a\\nprocedure for parents to notify the state of any school's failure to\\ncomply with the requirements of this section. Whenever it shall have\\nbeen demonstrated to the satisfaction of the commissioner that a school\\ndistrict has failed to adopt a procedure for notification, or to\\nfaithfully and completely implement this section, the commissioner may,\\non thirty days notice to the district, withhold from the district monies\\nto be paid to such district for the current school year pursuant to\\nsection thirty-six hundred nine-a of this chapter, exclusive of monies\\nto be paid in respect of obligations to the retirement systems for the\\nschool and district staff and pursuant to collective bargaining\\nagreements. Where it has been demonstrated to the satisfaction of the\\ncommissioner that a private or parochial school has failed to adopt a\\nprocedure for notification, or to faithfully and completely implement\\nthis section, the commissioner may, on thirty days notice to such\\nschool, withhold from the school state aid monies to be paid to such\\nschool for the current school year pursuant to chapter five hundred\\nseven of the laws of nineteen hundred seventy-four, as amended by\\nchapter nine hundred three of the laws of nineteen hundred eighty-four.\\nPrior to such withholding, the commissioner shall provide the school an\\nopportunity to present evidence of extenuating circumstances; when\\ncombined with evidence that the school shall promptly comply within\\nshort time frames that shall be established by the commissioner as part\\nof an agreement between the school and the commissioner, the\\ncommissioner may temporarily stay the withholding of such funds pending\\nimplementation of such agreement. If the school is in full compliance\\nwith this section, the commissioner shall abate the withholding in its\\nentirety.\\n 4. No school or employee of a school shall be held civilly or\\ncriminally liable for any failure to comply with the requirements of\\nthis section, unless such failure constitutes negligence, gross\\nnegligence, or intentional misconduct. Nothing contained herein shall be\\nconstrued as limiting any legal cause of action or remedy at law, in\\nstatute or in equity that existed prior to the effective date of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-I", "title" : "Procurement and use of environmentally-sensitive cleaning and maintenance products", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-I", "activeDate" : "2014-09-22", "sequenceNo" : 297, "repealedDate" : null, "fromSection" : "409-I", "toSection" : "409-I", "text" : " § 409-i. Procurement and use of environmentally-sensitive cleaning and\\nmaintenance products. 1. For the purpose of this section the following\\nterms shall mean:\\n (a) \"Elementary or secondary school\" means a facility used for\\ninstruction of elementary or secondary students by: (i) any school\\ndistrict, including a special act school district and a city school\\ndistrict in a city having a population of one hundred twenty-five\\nthousand inhabitants or more, (ii) a board of cooperative educational\\nservices, (iii) a charter school, (iv) an approved private school for\\nthe education of students with disabilities, (v) a state-supported\\nschool for the deaf or blind operated pursuant to article eighty-five of\\nthis chapter, and (vi) any other private or parochial elementary or\\nsecondary school.\\n (b) \"Environmentally-sensitive cleaning and maintenance products\"\\nmeans those cleaning and maintenance products that minimize adverse\\nimpacts on children's health and the environment.\\n (c) \"Facility\" means any school building or facility used for\\ninstructional purposes and the surrounding grounds or other sites used\\nfor playgrounds, athletics or other instructional purposes.\\n 2. The commissioner of general services, in consultation with the\\ncommissioner and the commissioners of environmental conservation, health\\nand labor, shall establish and from time to time amend guidelines and\\nspecifications for environmentally-sensitive cleaning and maintenance\\nproducts for use in elementary and secondary school facilities. For the\\npurpose of developing appropriate criteria for such guidelines and\\nspecifications, such commissioners shall review and evaluate existing\\nresearch regarding environmentally-sensitive cleaning and maintenance\\nproducts, including but not limited to, research and guidance issued by\\nthe United States environmental protection agency and the office of the\\nfederal environmental executive. In developing such guidelines, the\\ncommissioner of general services shall provide public notice and an\\nopportunity to comment. Such guidelines shall be followed by elementary\\nand secondary schools to identify and procure environmentally-sensitive\\ncleaning and maintenance products which are available in the form,\\nfunction and utility generally used by elementary and secondary schools\\nin their facilities.\\n 3. The commissioner of general services shall disseminate to all\\nelementary and secondary schools guidelines and specifications for the\\npurchase and use of environmentally-sensitive cleaning and maintenance\\nproducts in elementary and secondary schools for use in their\\nfacilities. The commissioner of general services shall also prepare and\\ndisseminate to all elementary and secondary schools a sample list of\\nsuch environmentally-sensitive cleaning and maintenance products that\\nmeet these guidelines or specifications. The commissioner of general\\nservices shall provide assistance and guidance to elementary and\\nsecondary schools in carrying out the requirements of this section.\\nElementary and secondary schools shall follow such guidelines,\\nspecifications and sample list when purchasing cleaning and maintenance\\nproducts for use in their facilities.\\n 4. Elementary and secondary schools shall notify their personnel of\\nthe availability of such guidelines, specifications and sample list.\\n 5. On or before June first, two thousand seven, the department, in\\nconsultation with the office of general services, shall issue a report\\nproviding an analysis of the impact of such guidelines and\\nspecifications on the purchasing, procurement and use of\\nenvironmentally-sensitive cleaning and maintenance products by\\nelementary and secondary schools. Nothing in this section shall preclude\\nan elementary or secondary school from depleting existing cleaning and\\nmaintenance supply stores purchased prior to the effective date of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-J", "title" : "Emergency alert notification system in public schools; cities with a population of one million or more", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-J", "activeDate" : "2014-09-22", "sequenceNo" : 298, "repealedDate" : null, "fromSection" : "409-J", "toSection" : "409-J", "text" : " § 409-j. Emergency alert notification system in public schools; cities\\nwith a population of one million or more. On or before January first,\\ntwo thousand ten, a city school district located in a city of one\\nmillion or more inhabitants shall, pursuant to rules and regulations\\npromulgated by the chancellor of such city school district and\\nconsistent with section twenty-eight hundred one-a of this chapter,\\nimplement an emergency alert notification system to convey timely\\ninformation concerning emergency incidents or occurrences, as defined by\\nsuch chancellor, that pose an imminent threat to the health or safety of\\na substantial number of students, faculty and staff at a particular\\neducational facility or program. Such emergency alert notification\\nsystem shall employ a variety of communication methods including the\\nautomated delivery of text messages, phone calls and/or electronic mail\\nand shall notify and advise parents or persons in parental relation,\\nfaculty, staff, and elected representatives, who volunteer to receive\\nemergency alert notifications.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "409-K", "title" : "Pesticide alternatives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-K", "activeDate" : "2014-09-22", "sequenceNo" : 299, "repealedDate" : null, "fromSection" : "409-K", "toSection" : "409-K", "text" : " § 409-k. Pesticide alternatives. 1. For purposes of this section the\\nfollowing terms shall have the meanings set forth below:\\n (a) \"School\" shall mean any public school district or private or\\nparochial school or board of cooperative educational services.\\n (b) \"Pesticide\" shall have the same meaning as set forth in\\nsubdivision thirty-five of section 33-0101 of the environmental\\nconservation law, provided however that it shall not include:\\n (i) the application of anti-microbial pesticides and anti-microbial\\nproducts as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)\\n(2);\\n (ii) the use of an aerosol product with a directed spray, in\\ncontainers of eighteen fluid ounces or less, when used to protect\\nindividuals from an imminent threat from stinging and biting insects,\\nincluding venomous spiders, bees, wasps and hornets;\\n (iii) the use of non-volatile insect or rodent bait in a tamper\\nresistant container;\\n (iv) the application of a pesticide classified by the United States\\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\\n152.25;\\n (v) the use of boric acid and disodium octaborate tetrahydrate; or\\n (vi) the use of horticultural soap and oils that do not contain\\nsynthetic pesticides or synergists.\\n 2. No school shall apply pesticide to any playgrounds, turf, athletic\\nor playing fields, except that an emergency application of a pesticide\\nmay be made as determined by the county health department or for a\\ncounty not having a health department such authority as the county\\nlegislature shall designate, the commissioner of health or his or her\\ndesignee, the commissioner of environmental conservation or his or her\\ndesignee, or, in the case of a public school, the school board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "410", "title" : "Officials not to be interested in sales, leases or contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410", "activeDate" : "2014-09-22", "sequenceNo" : 300, "repealedDate" : null, "fromSection" : "410", "toSection" : "410", "text" : " § 410. Officials not to be interested in sales, leases or contracts.\\nA public officer or school officer, who is authorized to sell or lease\\nany property, or to make any contract in his official capacity, or to\\ntake part in making any such sale, lease or contract, who voluntarily\\nbecomes interested individually in such sale, lease or contract,\\ndirectly or indirectly, except in cases where such sale, lease or\\ncontract, or payment under the same, is subject to audit or approval by\\nthe commissioner of education, is guilty of a misdemeanor. The\\nprovisions of this section shall not apply to municipal officers and\\nemployees subject to article eighteen of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "412", "title" : "Condemnation of schoolhouse and erection of new schoolhouse in place thereof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "412", "activeDate" : "2014-09-22", "sequenceNo" : 301, "repealedDate" : null, "fromSection" : "412", "toSection" : "412", "text" : " § 412. Condemnation of schoolhouse and erection of new schoolhouse in\\nplace thereof. 1. A district superintendent, upon the direction of the\\ncommissioner, may make an order condemning a school house, if he or she\\nfinds upon examination that such schoolhouse is wholly unfit for use and\\nnot worth repairing. He or she shall deliver such order to a trustee of\\nthe district and transmit a copy thereof to the commissioner. He or she\\nshall also state in such order the date on which it shall take effect\\nand the sum which in his or her opinion will be necessary to erect a\\nschool building available to the needs of the district.\\n 2. Immediately upon the receipt of said order, the trustees of such\\ndistrict shall call a special meeting of the voters of said district, to\\nconsider the question of building a new schoolhouse therein. Such\\nmeeting shall have power to determine the size of said schoolhouse, the\\nmaterial to be used in its erection, and to vote a tax to build the\\nsame. But such meeting shall have no power to reduce the estimate made\\nby the district superintendent aforesaid by more than twenty-five per\\ncentum of such estimate.\\n 3. And where no tax for building such schoolhouse shall have been\\nvoted by such district within thirty days from the time of holding the\\nfirst meeting to consider the question, it shall be the duty of the\\ntrustees of such district to contract for the building of a schoolhouse\\ncapable of accommodating the children of the district, and to levy a tax\\nto pay for the same, which tax shall not exceed the sum estimated as\\nnecessary by the district superintendent aforesaid, and which shall not\\nbe less than such estimated sum by more than twenty-five per centum\\nthereof. But such estimated sum may be increased at any subsequent\\nschool meeting legally held in the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "413", "title" : "Use of school buildings for examinations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "413", "activeDate" : "2014-09-22", "sequenceNo" : 302, "repealedDate" : null, "fromSection" : "413", "toSection" : "413", "text" : " § 413. Use of school buildings for examinations. The use of a school\\nbuilding shall be granted for any examination. No charge shall be made\\ntherefor, provided always that due and proper care shall be maintained\\nand the school building be left in such condition as found in relation\\nto cleanliness and neatness.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "414", "title" : "Use of schoolhouse and grounds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2022-07-29" ], "docLevelId" : "414", "activeDate" : "2014-09-22", "sequenceNo" : 303, "repealedDate" : null, "fromSection" : "414", "toSection" : "414", "text" : " § 414. Use of schoolhouse and grounds. 1. Schoolhouses and the grounds\\nconnected therewith and all property belonging to the district shall be\\nin the custody and under the control and supervision of the trustees or\\nboard of education of the district. The trustees or board of education\\nmay adopt reasonable regulations for the use of such schoolhouses,\\ngrounds or other property, all portions thereof, when not in use for\\nschool purposes or when the school is in use for school purposes if in\\nthe opinion of the trustees or board of education use will not be\\ndisruptive of normal school operations, for such other public purposes\\nas are herein provided; except, however, in the city of New York each\\ncommunity school board shall be authorized to prohibit any use of\\nschoolhouses and school grounds within its district which would\\notherwise be permitted under the provisions of this section. Such\\nregulations shall provide for the safety and security of the pupils and\\nshall not conflict with the provisions of this chapter and shall conform\\nto the purposes and intent of this section and shall be subject to\\nreview on appeal to the commissioner of education as provided by law.\\nThe trustees or board of education of each district may, subject to\\nregulations adopted as above provided, permit the use of the schoolhouse\\nand rooms therein, and the grounds and other property of the district,\\nwhen not in use for school purposes or when the school is in use for\\nschool purposes if in the opinion of the trustees or board of education\\nuse will not be disruptive of normal school operations, for any of the\\nfollowing purposes:\\n (a) For the purpose of instruction in any branch of education,\\nlearning or the arts.\\n (b) For public library purposes, subject to the provisions of this\\nchapter, or as stations of public libraries.\\n (c) For holding social, civic and recreational meetings and\\nentertainments, and other uses pertaining to the welfare of the\\ncommunity; but such meetings, entertainment and uses shall be\\nnon-exclusive and shall be open to the general public. Civic meetings\\nshall include, but not be limited to, meetings of parent associations\\nand parent-teacher associations.\\n (d) For meetings, entertainments and occasions where admission fees\\nare charged, when the proceeds thereof are to be expended for an\\neducational or charitable purpose; but such use shall not be permitted\\nif such meetings, entertainments and occasions are under the exclusive\\ncontrol, and the said proceeds are to be applied for the benefit of a\\nsociety, association or organization of a religious sect or\\ndenomination, or of a fraternal, secret or exclusive society or\\norganization other than organizations of veterans of the military, naval\\nand marine service of the United States and organizations of volunteer\\nfirefighters or volunteer ambulance workers.\\n (e) For polling places for holding primaries and elections and for the\\nregistration of voters and for holding political meetings. But no\\nmeetings sponsored by political organizations shall be permitted unless\\nauthorized by a vote of a district meeting, held as provided by law, or,\\nin cities by the board of education thereof. Except in cities, it shall\\nbe the duty of the trustees or board of education to call a special\\nmeeting for such purpose upon the petition of at least ten per centum of\\nthe qualified electors of the district. Authority so granted shall\\ncontinue until revoked in like manner and by the same body as granted.\\n (f) For civic forums and community centers. Upon the petition of at\\nleast twenty-five citizens residing within the district or city, the\\ntrustees or board of education in each school district or city shall\\norganize and conduct community centers for civic purposes, and civic\\nforums in the several school districts and cities, to promote and\\nadvance principles of Americanism among the residents of the state. The\\ntrustees or board of education in each school district or city, when\\norganizing such community centers or civic forums, shall provide funds\\nfor the maintenance and support of such community centers and civic\\nforums, and shall prescribe regulations for their conduct and\\nsupervision, provided that nothing herein contained shall prohibit the\\ntrustees of such school district or the board of education to prescribe\\nand adopt rules and regulations to make such community centers or civic\\nforums self-supporting as far as practicable. Such community centers and\\ncivic forums shall be at all times under the control of the trustees or\\nboard of education in each school district or city, and shall be\\nnon-exclusive and open to the general public.\\n (g) For classes of instruction for mentally retarded minors operated\\nby a private organization approved by the commissioner of education.\\n (h) For recreation, physical training and athletics, including\\ncompetitive athletic contests of children attending a private, nonprofit\\nschool.\\n (i) To provide child care services during non-school hours, or to\\nprovide child care services during school hours for the children of\\npupils attending the schools of the district and, if there is additional\\nspace available, for children of employees of the district, and, if\\nthere is further additional space available, the\\nCobleskill-Richmondville school district shall provide child care\\nservices for children ages three and four who need child care assistance\\ndue to lack of sufficient child care spaces. Such determination shall be\\nmade by each district's board of education, provided that the cost of\\nsuch care shall not be a school district charge but shall be paid by the\\nperson responsible for the support of such child; the local social\\nservices district as authorized by law; or by any other public or\\nprivate voluntary source or any combination thereof.\\n (j) For licensed school-based health, dental or mental health clinics.\\n(i) For the purposes of this subdivision, the term \"licensed\\nschool-based health, dental or mental health clinic\" means a clinic that\\nis located in a school facility of a school district or board of\\ncooperative educational services, is operated by an entity other than\\nthe school district or board of cooperative educational services and\\nwill provide health, dental or mental health services during school\\nhours and/or non-school hours to school-age and preschool children, and\\nthat is: (1) a health clinic approved under the provisions of chapter\\none hundred ninety-eight of the laws of nineteen hundred seventy-eight;\\nor (2) another school-based health or dental clinic licensed by the\\ndepartment of health pursuant to article twenty-eight of the public\\nhealth law; or (3) a school-based mental health clinic licensed or\\napproved by the office of mental health pursuant to article thirty-one\\nof the mental hygiene law; or (4) a school-based mental health clinic\\nlicensed by the office of mental retardation and developmental\\ndisabilities pursuant to article sixteen of the mental hygiene law.\\n (ii) Health professionals who provide services in licensed\\nschool-based health, dental or mental health clinics shall be duly\\nlicensed pursuant to the provisions of title eight of this chapter\\nunless otherwise exempted by law and shall be authorized to provide such\\nservices to the extent permitted by their respective practice acts.\\n (iii) Except where otherwise authorized by law, the cost of providing\\nhealth, dental or mental health services shall not be a charge upon the\\nschool district or board of cooperative educational services, and shall\\nbe paid from federal, state or other local funds available for such\\npurpose. Building space used for such a clinic shall be excluded from\\nthe rated capacity of the school building for the purpose of computing\\nbuilding aid pursuant to subdivision six of section thirty-six hundred\\ntwo of this chapter or aid pursuant to subdivision five of section\\nnineteen hundred fifty of this chapter.\\n (iv) Nothing in this paragraph shall be construed to justify a cause\\nof action for damages against a school district or a board of\\ncooperative educational services by reason of acts of negligence or\\nmisconduct by a school-based health, dental or mental health clinic or\\nsuch clinic's officers or employees.\\n (k) For graduation exercises held by not-for-profit elementary and\\nsecondary schools, provided that no religious service is performed.\\n The board of education in the city of New York may delegate the\\nauthority to judge the appropriateness for uses other than school\\npurposes to community school boards.\\n 2. The trustees or board of education shall determine the terms and\\nconditions for such use which may include rental at least in an amount\\nsufficient to cover all resulting expenses for the purposes of\\nparagraphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision\\none of this section. Any such use, pursuant to paragraphs (a), (c), (d),\\n(h) and (j) of subdivision one of this section, shall not allow the\\nexclusion of any district child solely because said child is not\\nattending a district school or not attending the district school which\\nis sponsoring such use or on which grounds the use is to occur.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "415", "title" : "No schoolhouse shall be built on town line", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "415", "activeDate" : "2014-09-22", "sequenceNo" : 304, "repealedDate" : null, "fromSection" : "415", "toSection" : "415", "text" : " § 415. No schoolhouse shall be built on town line. No schoolhouse\\nshall be built so as to stand on the division line of any two towns\\nunless the commissioner of education approves such location.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "416", "title" : "School taxes and school bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "416", "activeDate" : "2014-09-22", "sequenceNo" : 305, "repealedDate" : null, "fromSection" : "416", "toSection" : "416", "text" : " § 416. School taxes and school bonds. 1. A majority of the voters of\\nany school district, present and voting at any annual or special\\ndistrict meeting, duly convened, may authorize such acts and vote such\\ntaxes as they shall deem expedient for making additions, alterations,\\nrepairs or improvements, to the sites or buildings belonging to the\\ndistrict, or for altering and equipping for library use any former\\nschoolhouse belonging to the district, or for the purchase of other\\nsites or buildings, or for a change of sites, or for the purchase of\\nland and buildings for agricultural, athletic, playground or social\\ncenter purposes, or for the erection of new buildings, or for building a\\nbus garage, or for buying apparatus, implements, or fixtures, or for\\npaying the wages of teachers, and the necessary expenses of the school,\\nor for the purpose of paying any judgment, or for the payment or\\nrefunding of an outstanding bonded indebtedness, or for such other\\npurpose relating to the support and welfare of the school as they may,\\nby resolution, approve.\\n 2. On all propositions arising at said meetings involving the\\nexpenditure of money, or authorizing the levy of a tax in one sum or by\\ninstallments, the vote thereon shall be by ballot, or ascertained by\\ntaking and recording the ayes and noes of such qualified voters\\nattending and voting at such meetings; and they may direct the moneys so\\nvoted to be levied in one sum, or by installments, which shall be of\\nsuch amounts and levied in such years as may be determined, within such\\nlimitations as may be fixed by the voters, by the trustees or board of\\neducation. No such tax shall be authorized to be levied by installments\\nas a condition precedent to the issuance of bonds or capital notes\\nunless the notice of the meeting shall state that such tax will be\\nproposed and the object or purpose thereof. Such notice shall comply\\nwith the requirements of section 41.10 of the local finance law.\\n 3. No addition to or change of site or purchase of a new site or tax\\nfor the purchase of any new site or structure, or for grading or\\nimproving a school site, or for the purchase of an addition to the site\\nof any schoolhouse, or for the purchase of lands and buildings for\\nagricultural, athletic, playground or social center purposes, or for\\nbuilding any new schoolhouse or for the erection of an addition to any\\nschoolhouse already built, or for the payment or refunding of an\\noutstanding bonded indebtedness, shall be voted at any such meeting in a\\nunion free school district or a city school district which conducts\\nannual budget votes in accordance with article forty-one of this chapter\\npursuant to section twenty-six hundred one-a of this chapter, unless a\\nnotice by the board of education stating that such tax will be proposed,\\nand specifying the object thereof and the amount to be expended\\ntherefor, shall have been given in the manner provided herein for the\\nnotice of an annual meeting. In a common school district the notice of a\\nspecial meeting to authorize any of the improvements enumerated in this\\nsection shall be given as provided in section two thousand six. The\\nboard of education of a union free school district or a city school\\ndistrict which conducts annual budget votes in accordance with article\\nforty-one of this chapter pursuant to section twenty-six hundred one-a\\nof this chapter, may determine that the vote upon any question to be\\nsubmitted at a special meeting as provided in this section shall be by\\nballot, in which case it shall state in the notice of such special\\nmeeting the hours during which the polls shall be kept open. Printed\\nballots may be prepared by the board in advance of the meeting and the\\nproposition or propositions called for in the notice of the meeting may\\nbe submitted in substantially the same manner as propositions to be\\nvoted upon at a general election.\\n 4. And whenever a tax for any of the objects hereinbefore specified\\nshall be legally voted, the board of trustees or board of education\\nshall make out their tax list, and attach their warrant thereto, in the\\nmanner provided in article seventy-one of this chapter, for the\\ncollection of school district taxes, and shall cause such taxes or such\\ninstalments to be collected at such times as they shall become due.\\n 5. No vote to raise money shall be rescinded, nor the amount thereof\\nbe reduced at any subsequent meeting, unless it be an adjourned meeting\\nor a meeting called by regular and legal notice, which shall specify the\\nproposed action, and at which the vote upon said proposed reduction or\\nrescinding shall be taken by ballot or by taking and recording the ayes\\nand noes of the qualified voters attending and voting thereat.\\n 6. Notwithstanding the foregoing provisions of this section, propo-\\nsitions for the construction of a new schoolhouse or an addition to a\\npresent schoolhouse at the same site shall not be submitted for a vote\\nmore than twice during any twelve month period and in no event shall a\\nproposition be submitted for a vote less than ninety days after a vote\\non the same or similar proposition. However, the prohibition of this\\nsubdivision shall not apply to a proposition to approve an additional\\namount necessary to carry out a construction project, where the voters\\nhave approved an initial building project and it is determined that the\\nbids for such project are in excess of the approved amount.\\n 7. The provisions of this section shall not apply to a city school\\ndistrict in a city having a population of one hundred twenty-five\\nthousand inhabitants or more.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "417", "title" : "Allocation of moneys by regents for extraordinary relief to school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "417", "activeDate" : "2014-09-22", "sequenceNo" : 306, "repealedDate" : null, "fromSection" : "417", "toSection" : "417", "text" : " § 417. Allocation of moneys by regents for extraordinary relief to\\nschool districts. The regents may allocate moneys, out of any sums\\nappropriated for such purpose, to school districts of the state for the\\nrepair, reconstruction or replacement of buildings or equipment from\\ntime to time damaged or destroyed by an act of God, against which\\ninsurance could not reasonably have been provided, where in the light of\\nall the facts the regents are satisfied that such aid is necessary to\\nprevent an unreasonable burden on the taxpayers within such districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "418", "title" : "Purchase and display of flag", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "418", "activeDate" : "2014-09-22", "sequenceNo" : 307, "repealedDate" : null, "fromSection" : "418", "toSection" : "418", "text" : " § 418. Purchase and display of flag. It shall be the duty of the\\nschool authorities of every public school in the several cities and\\nschool districts of the state to purchase a United States flag,\\nflag-staff and the necessary appliances therefor, and to display such\\nflag upon or near the public school building during school hours, and at\\nsuch other times as such school authorities may direct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "419", "title" : "Display of flags in assembly rooms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "419", "activeDate" : "2014-09-22", "sequenceNo" : 308, "repealedDate" : null, "fromSection" : "419", "toSection" : "419", "text" : " § 419. Display of flags in assembly rooms. It shall be the duty of\\nthe school authority of every public school in the several cities and\\nschool districts of the state to purchase a sufficient number of United\\nStates flags and the necessary holders and appliances therefor for\\ndisplay in each assembly room of such school. The commissioner of\\neducation shall prescribe the size and material of such flags and the\\nmanner and place of their display. It shall be the duty of the teacher\\nor other person in charge of each such assembly room to cause the flag\\nassigned for use in such room to be displayed at all times in the manner\\nprescribed. Wilful failure to comply with the provisions of this\\nsection shall be a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "419-A", "title" : "Display of flags in classrooms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "419-A", "activeDate" : "2014-09-22", "sequenceNo" : 309, "repealedDate" : null, "fromSection" : "419-A", "toSection" : "419-A", "text" : " § 419-a. Display of flags in classrooms. The commissioner shall\\nencourage public school authorities in the several cities and school\\ndistricts of the state to display United States flags in the classroom\\nof each school, and shall be authorized to accept donations of flags\\nfrom individuals or civic organizations for distribution in such cities\\nand school districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "420", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "420", "activeDate" : "2014-09-22", "sequenceNo" : 310, "repealedDate" : null, "fromSection" : "420", "toSection" : "420", "text" : " § 420. Rules and regulations. The said school authorities shall\\nestablish rules and regulations for the proper custody, care and display\\nof the flag, and when the weather will not permit it to be otherwise\\ndisplayed, it shall be placed conspicuously in the principal room in the\\nschoolhouse.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 38 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A10", "title" : "New York City Educational Construction Fund", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 311, "repealedDate" : null, "fromSection" : "450", "toSection" : "471", "text" : " ARTICLE 10\\n NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND\\nSection 450. Short title.\\n 451. Statement of legislative findings and purposes.\\n 452. Definitions.\\n 453. New York city educational construction fund.\\n 454. General powers and duties of fund.\\n 455. Relationship with the board of education and the city of\\n New York.\\n 456. Special provisions relating to acquisition and transfer of\\n real property.\\n 457. Plans and specifications.\\n 458. Letting of construction contracts.\\n 459. Resources of the fund.\\n 460. Lease and other agreements.\\n 461. Notes and bonds of the fund.\\n 462. Reserve funds, appropriations and other funds and accounts.\\n 463. Agreement with the state.\\n 464. State and city's right to require redemption of bonds.\\n 465. Remedies of noteholders and bondholders.\\n 466. Notes and bonds as legal investments.\\n 467. Actions by and against fund.\\n 468. Exemptions from taxation.\\n 469. Annual report of trustees.\\n 470. Article not affected if in part unconstitutional or\\n ineffective.\\n 471. Inconsistent provisions of other laws superseded.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "450", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "450", "activeDate" : "2014-09-22", "sequenceNo" : 312, "repealedDate" : null, "fromSection" : "450", "toSection" : "450", "text" : " § 450. Short title. This article may be cited as the New York City\\nEducational Construction Fund Act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "451", "title" : "Statement of legislative findings and purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-05-03" ], "docLevelId" : "451", "activeDate" : "2014-09-22", "sequenceNo" : 313, "repealedDate" : null, "fromSection" : "451", "toSection" : "451", "text" : " § 451. Statement of legislative findings and purposes. There is\\nthreatened in the city of New York a serious shortage of elementary and\\nsecondary school buildings under the jurisdiction of the board of\\neducation of the city of New York. This shortage is occasioned by the\\nage and obsolescence of many existing school buildings, the large number\\nof new school buildings that are needed in various areas of the city of\\nNew York, the scarcity and high cost of available land in the areas\\nwhere such schools are needed, the typical under-utilization of land by\\nelementary and secondary school buildings and the existing limitations\\non the amount of state and city funds available for the construction of\\nsuch buildings.\\n In order to facilitate the timely construction of such school\\nbuildings in combination with other compatible and lawful uses, which\\ncombination would provide a highly desirable and economic utilization of\\navailable land, there should be created a corporate governmental agency\\nof the state, constituting a public benefit corporation, to be known as\\nthe \"New York city educational construction fund, \" which could receive\\nand administer moneys for the construction and improvement of elementary\\nand secondary school buildings in the city of New York and whose\\nprincipal purpose would be the timely and responsive provision of such\\ncombined occupancy structures in accordance with the foreseeable needs\\nof the city of New York for additional or replacement elementary and\\nsecondary educational facilities and the desirability of facilitating\\nmaximum and appropriate utilization of available land. In order to\\nencourage the investment of private capital in such combined occupancy\\nstructures and enable the construction of additional school facilities\\nwithin existing financial limitations through the utilization of\\nincidental revenue produced thereby, the New York city educational\\nconstruction fund should be empowered, through the issuance of its\\nbonds, notes or other obligations to the private investing public, to\\nobtain a portion of the funds necessary to finance the construction of\\nthe school portion of such structures and to apply the revenues received\\nfrom both the school and non-school portions thereof to the payment of\\nsuch bonds, notes or other obligations. In furtherance of these\\npurposes, the creation, continued operation and solvency of the New York\\ncity educational construction fund, including the maintenance of the\\ncapital reserve fund provided for in subdivision one of section four\\nhundred sixty-two of this article, is hereby declared to be a school\\npurpose for which public monies may be appropriated, apportioned and\\nexpended.\\n While responsibility for the educational affairs of the city school\\ndistrict of the city of New York, including the selection of school\\nsites and the design and construction of school facilities, must\\ncontinue in the board of education of the city of New York, title to\\nsuch sites and the school facilities constructed thereon pursuant to\\nthis article should be vested in the fund in order to facilitate the\\nexercise of its powers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "452", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "452", "activeDate" : "2014-09-22", "sequenceNo" : 314, "repealedDate" : null, "fromSection" : "452", "toSection" : "452", "text" : " § 452. Definitions. As used or referred to in this article, unless a\\ndifferent meaning clearly appears from the context:\\n 1. \"Board\" or \"board of education\" shall mean the chancellor or deputy\\nchancellor of the city school district of the city of New York, except\\nfor the purposes of section four hundred fifty-three of this chapter.\\n 2. \"Bonds\" and \"notes\" shall mean bonds and notes respectively, issued\\nby the fund pursuant to this article.\\n 3. \"City\" shall mean the city of New York.\\n 4. \"City agency\" shall mean any officer, administration, department,\\nboard, commission, bureau, division, agency or instrumentality of the\\ncity of New York.\\n 5. \"Combined occupancy structure\" shall mean any improvement on real\\nproperty or any interests therein or thereto, including fee interest,\\neasements, space rights or air rights, containing school accommodations\\nor other facilities of the board of education of the city of New York in\\ncombination with other compatible and lawful non-school uses designed\\nand intended to increase, from both a planning and an economic\\nviewpoint, the efficient utilization of available land areas. A combined\\noccupancy structure shall also include a structure in a project or\\ndevelopment under the auspices of the fund wherein non-school portions\\nof structures placed upon the overall site are not built in space rights\\nover the school portion, so long as some part of the non-school portion\\nis constructed over or under any part of the school portion of the\\ndevelopment.\\n 6. \"Commissioner of education\" shall mean the commissioner of\\neducation of the state of New York.\\n 7. \"Comptroller\" or \"city comptroller\" shall mean the comptroller of\\nthe city of New York.\\n 8. \"Corporation counsel\" shall mean the corporation counsel of the\\ncity of New York.\\n 9. \"Developer\" shall mean and include any private individual,\\npartnership, trust or private or public corporation approved by the\\nboard of education as being qualified and eligible to enter into one or\\nmore leases, subleases or other agreements with the fund providing for\\nthe construction, acquisition, reconstruction, rehabilitation or\\nimprovement of one or more combined occupancy structures; which\\nagreements shall be subject to approval by the board of education.\\n 10. \"Director of management and budget\" or \"city director of\\nmanagement and budget\" shall mean the director of management and budget\\nof the city of New York.\\n 11. \"Finance commissioner\" or \"city finance commissioner\" shall mean\\nthe commissioner of finance of the city of New York.\\n 12. \"Fund\" shall mean the corporate governmental agency created by\\nsection four hundred fifty-three of this article.\\n 13. \"Governor\" shall mean the governor of the state of New York.\\n 14. \"Letting agency\" shall mean and include the board of education or\\nany other city agency which by agreement with the fund is to award the\\ncontracts for a particular construction, reconstruction, rehabilitation\\nor improvement; or the fund itself, if it is to award such contracts.\\n 14-a. \"Maximum debt service reserve fund requirement\" shall mean the\\namount of money required to be deposited in a debt service reserve fund\\nauthorized by section four hundred sixty-two hereof established pursuant\\nto a resolution of the fund.\\n 15. \"Mayor\" shall mean the mayor of the city of New York.\\n 15-a. \"Owner\" shall mean and include any private individual,\\npartnership, trust or private or public corporation, taking possession\\nof the non-school portion of a combined occupancy structure pursuant to\\na lease, sub-lease, conveyance or other agreement, or acquiring fee\\ntitle to or a leasehold or other interest in such non-school portion.\\n 16. \"Planning commission\" shall mean the planning commission of the\\ncity of New York.\\n 17. \"Real property\" shall mean lands, waters, rights in lands or\\nwaters, structures, franchises and interests in land, including air or\\nspace rights, and any and all other things and rights usually included\\nwithin the same term and includes also any and all interests in such\\nproperty less than full title, such as easements permanent or temporary,\\nrights-of-way, uses, leases, licenses and all other incorporeal\\nhereditaments in every estate, interest or right, legal or equitable.\\n 18. \"School building\" shall mean a separate structure entirely devoted\\nto use and occupancy for public school purposes; including incidental\\nand appurtenant recreational and other facilities.\\n 19. \"School portion\" or \"school portion of combined occupancy\\nstructure\" shall mean that portion of a combined occupancy structure\\ndesigned, constructed, reconstructed, rehabilitated or improved for use\\nand occupancy for public school purposes; including the real property to\\nbe used in connection therewith together with incidental and appurtenant\\nrecreational and other facilities.\\n 20. \"State\" shall mean the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "453", "title" : "New York city educational construction fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "453", "activeDate" : "2014-09-22", "sequenceNo" : 315, "repealedDate" : null, "fromSection" : "453", "toSection" : "453", "text" : " § 453. New York city educational construction fund. * 1. There is\\nhereby created the \"New York city educational construction fund.\" The\\nfund shall be a corporate governmental agency constituting a public\\nbenefit corporation. The board of trustees of the fund is hereby\\ncontinued. It shall consist of the chancellor of the city school\\ndistrict of the city of New York, who shall be chair, and two trustees\\nappointed by the mayor who shall each serve at the pleasure of the\\nmayor.\\n * NB Effective until June 30, 2015\\n * 1. There is hereby created the \"New York city educational\\nconstruction fund.\" The fund shall be a corporate governmental agency\\nconstituting a public benefit corporation. The board of trustees of the\\nfund is hereby continued. It shall consist of the chancellor of the city\\nschool district of the city of New York, the president of the interim\\nboard of education or of the board of education, who shall be chairman,\\nand one trustee appointed by the mayor who shall serve a term\\ncoterminous with that of the mayor.\\n * NB Effective June 30, 2015\\n 2. The trustees of the fund shall serve without salary, but each\\ntrustee shall be entitled to reimbursement for his actual and necessary\\nexpenses incurred in the performance of his official duties.\\n 3. The trustees of the fund may engage in private employment, or in a\\nprofession or business, subject to the limitations contained in article\\neighteen of the general municipal law. The fund shall, for the purposes\\nof such article, be a \"municipal agency\", and the trustees thereof shall\\nbe \"officers\" of the agency.\\n 4. Notwithstanding any inconsistent provisions of law, general,\\nspecial or local, no officer or employee of the state, or of any civil\\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\\noffice or employment by reason of his acceptance of appointment as a\\ntrustee, officer or agent of the fund; provided, however, that a\\ntrustee, officer or agent who holds such other public office or\\nemployment shall receive no additional compensation, fee or allowance\\nfor services rendered pursuant to this article, but shall be entitled to\\nreimbursement for his actual and necessary expenses incurred in the\\nperformance of such services.\\n 5. Any trustee may be removed by the commissioner of education for\\ncause shown after having been given notice of the charge and an\\nopportunity of defense, in the manner provided in this chapter for the\\nremoval of members of boards of education of city school districts.\\n 6. The chairman of the fund shall preside over all meetings of the\\ntrustees and shall have such other duties as the trustees may direct. A\\nvice-chairman who shall preside over all meetings of the fund in the\\nabsence of the chairman and who shall have such other duties as the\\ntrustees may direct may be designated from time to time by the trustees\\nfrom among the other trustees.\\n 7. The powers of the fund shall be vested in and exercised by no less\\nthan two of the trustees then in office. The fund may delegate to one or\\nmore of its trustees, or officers, agents or employees, such powers and\\nduties as the trustees may deem proper, provided, however, that all\\ncontracts involving an estimated expense of ten thousand dollars or more\\nand all leases, subleases or other agreements to be entered into\\npursuant to this article shall be approved prior to execution by no less\\nthan two trustees of the fund.\\n 8. The fund may appoint such officers, employees and agents as it may\\ndeem advisable and may prescribe their duties and fix their\\ncompensation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "454", "title" : "General powers and duties of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "454", "activeDate" : "2014-09-22", "sequenceNo" : 316, "repealedDate" : null, "fromSection" : "454", "toSection" : "454", "text" : " § 454. General powers and duties of fund. The fund shall have the\\nfollowing powers in addition to those specifically conferred elsewhere\\nin this article:\\n 1. To sue and be sued;\\n 2. To have a seal and alter the same at pleasure;\\n 3. To make and alter by-laws for its organization and internal\\nmanagement;\\n 4. With the approval of the comptroller of the city of New York to\\nprescribe a system of accounts;\\n 5. To make rules and regulations governing the exercise of its\\ncorporate powers and the fulfillment of its corporate purposes under\\nthis article, which rules and regulations shall be filed with the\\nsecretary of state in the manner provided by section one hundred two of\\nthe executive law;\\n 6. With the approval of the board of education, to purchase, receive,\\nlease or otherwise acquire real and personal property necessary or\\nconvenient for its corporate purposes;\\n 7. Subject to the terms and conditions of any lease, sublease or other\\nagreement with the board of education, to possess, hold, use and improve\\nreal and personal property acquired by or on behalf of the fund so long\\nas its corporate existence shall continue;\\n 8. Upon a two-thirds vote of the trustees of the fund, and subject to\\nthe approval of the board of education, to design, construct, acquire,\\nreconstruct, rehabilitate and improve combined occupancy structures and\\nincidental or appurtenant facilities thereto, or cause such structures\\nand facilities to be designed, constructed, acquired, reconstructed,\\nrehabilitated and improved in accordance with the provisions of this\\narticle;\\n 9. In connection with such design, construction, acquisition,\\nreconstruction, rehabilitation and improvement, to install or cause to\\nbe installed water, sewer, gas, electrical, telephone, heating, air\\nconditioning and other utility services, including appropriate\\nconnections;\\n 10. Subject to the terms and conditions of any lease, sublease or\\nother agreement with the board of education, to maintain, repair and\\nkeep up the real property held by it and all combined occupancy\\nstructures and facilities constructed, acquired, reconstructed,\\nrehabilitated or improved pursuant to this article;\\n 11. Subject to the terms and conditions of any lease, sublease or\\nother agreement with third parties and to the determination of the board\\nof education that such real property is unnecessary for the present or\\nforeseeable future school building needs of the city of New York, to\\nsurrender to the appropriate city official, for other public use or for\\nsale, lease or other disposition in accordance with law, real property\\nheld by the fund for its corporate purposes;\\n 12. To make and execute contracts, leases, subleases and all other\\ninstruments or agreements necessary or convenient for the exercise of\\nits corporate powers and the fulfillment of its corporate purposes under\\nthis article, subject to the approval of the corporation counsel as to\\nform of all such documents to which the city of New York is a party; the\\nterm of any such lease or sublease or renewal thereof shall not be\\nlimited by any provision of any general, special or local law or charter\\napplicable to the city of New York or to the board of education of the\\ncity of New York;\\n 13. To procure insurance against any loss in connection with its\\nproperty and other assets in such amounts and from such insurers as it\\ndeems desirable;\\n 14. With the consent of the board of education to use the agents,\\nemployees and facilities of the board;\\n 15. To engage the services of construction, engineering,\\narchitectural, legal and financial consultants, surveyors and\\nappraisers, on a contract basis or as employees, for professional\\nservice and technical assistance and advice;\\n 16. To assist generally, the department of general services of the\\ncity of New York in making land surveys, topographical surveys and\\nvaluation appraisals of real property sought to be acquired by the board\\nof education of the city of New York;\\n 17. To borrow money and issue negotiable notes, bonds or other\\nobligations and to provide for the rights of the holders thereof;\\n 18. To invest any moneys held in any funds or accounts not required\\nfor immediate use or disbursement, at the discretion of the fund, in\\nobligations of the city, the state or the United States government or\\nobligations the principal of and interest on which are guaranteed by the\\ncity, the state or the United States government or obligations of\\nagencies or instrumentalities of the United States government which may\\nfrom time to time be legally purchased by savings banks of the state as\\ninvestments of funds belonging to them or in their control; and\\ntemporarily to deposit or invest moneys not required for immediate use\\nor disbursement in interest bearing time deposits or certificates of\\ndeposit issued by, a bank or trust company located and authorized to do\\nbusiness in this state, provided, however, that such time deposits or\\ncertificates of deposit shall be payable within such time as the\\nproceeds shall be needed and provided further that such time deposits or\\ncertificates of deposit be secured by a pledge of obligations of the\\nUnited States of America, or any obligation fully guaranteed or insured\\nas to interest and principal by the United States of America acting\\nthrough an agency, subdivision, department or division thereof, or\\nobligations of the state of New York or of a corporate agency or\\ninstrumentality of the state of New York, including the fund itself, or\\nobligations of the city of New York.\\n 19. To accept any gifts or grants or loans of funds and property or\\nfinancial or other aid in any form from the federal government or any\\nagency or instrumentality thereof or from the state or from any other\\nsource and to comply, subject to the provisions of this article, with\\nthe terms and conditions thereof;\\n 20. At the request or with the approval of the board of education, to\\ngrant, sell, license, lease or otherwise transfer without public auction\\nor bidding any real property or any rights or interests therein or\\nthereto, including fee interests, easements, space rights or air rights,\\nheld by it and occupied or reserved for school purposes and needed\\ntherefor, to a private individual or private or public corporation\\nsolely and exclusively for the purpose of developing and constructing\\ntherein or thereon a combined occupancy structure, or a part or portion\\nthereof, or for the purpose of rehabilitating or improving an existing\\nschool to become part of a combined occupancy structure within the\\nmeaning of this article subject to a prior and enforceable agreement\\napproved by the board of education for the reconveyance, retransfer or\\nleaseback of the school portion thereof, upon completion, for use and\\noccupancy by the said board of education in those instances where a\\ngrant, sale or lease has been made to such private individual or private\\nor public corporation; provided, however, that no such sale, lease or\\ntransfer of lands or rights therein or thereto is authorized where the\\ndevelopment of a combined occupancy structure contemplates the erection\\nof nonschool facilities or improvements over an existing playground\\nunless such combined occupancy structure to be constructed over such\\nplayground shall provide playground area at least equal in size to the\\nthen existing playground area;\\n 21. At the request or with the approval of the board of education, to\\ncontract with the owner or other developer of a combined occupancy\\nstructure for the purchase or lease of the school portion thereof upon\\ncompletion for use and occupancy by the board of education of the city\\nof New York;\\n 22. To grant, sell, lease, sublease or otherwise convey the school\\nportion of combined occupancy structures to the city of New York for use\\nand occupancy by the board of education of the city of New York; and\\n 23. To do any and all things necessary or convenient to carry out its\\ncorporate purposes and exercise the powers given and granted to it in\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "455", "title" : "Relationship with the board of education and the city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "455", "activeDate" : "2014-09-22", "sequenceNo" : 317, "repealedDate" : null, "fromSection" : "455", "toSection" : "455", "text" : " § 455. Relationship with the board of education and the city of New\\nYork. In order most effectively to carry out its corporate purposes,\\nthe fund shall cooperate with the director of management and budget and\\nthe board of education of the city of New York in matters relating to\\nland acquisition and capital planning for school buildings and\\nfacilities. During the course of construction, reconstruction,\\nrehabilitation and improvement of combined occupancy structures the fund\\nshall consult with personnel of such board as the work progresses in\\nmatters relating to space requirements, site plans, architectural\\nconcept, and substantial changes in the plans and specifications\\ntherefor, and in matters relating to the original furnishings,\\nequipment, machinery and apparatus needed to furnish and equip the\\nschool portion of such buildings and structures, upon the completion of\\nwork. The board, on its part, shall perform such functions and services\\nfor the fund as may be requested and the fund shall pay to the board,\\nfrom any monies of the fund available for such purpose, the reasonable\\ncost of such functions and services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "456", "title" : "Special provisions relating to acquisition and transfer of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "456", "activeDate" : "2014-09-22", "sequenceNo" : 318, "repealedDate" : null, "fromSection" : "456", "toSection" : "456", "text" : " § 456. Special provisions relating to acquisition and transfer of real\\nproperty. Notwithstanding any contrary provisions of any general,\\nspecial or local law, charter or ordinance:\\n 1. Provided that the trustees of the fund shall have formally approved\\nby a two-thirds vote the acquisition of such real property for the\\ndevelopment of one or more combined occupancy structures, any public\\ncorporation or officer responsible for the acquisition of real property\\nfor school purposes in the city of New York is hereby authorized for and\\non behalf and in the name of the city of New York, to execute and\\ndeliver to the fund, on such terms and for such consideration, if any,\\nas may be determined by such public corporation or officer and the fund,\\nbut not to exceed the cost of acquisition thereof and the cost of\\nimprovements thereon, or lease for a term not exceeding ninety-nine\\nyears, a quitclaim deed conveying to the fund all right, title and\\ninterest of such public corporation and of the city of New York, in and\\nto any of the lands acquired by such public corporation or officer for\\nschool purposes, and in and to any of the improvements thereon, for the\\npurpose of constructing, reconstructing, rehabilitating or improving\\nthereon one or more combined occupancy structures pursuant to this\\narticle for subsequent lease or sublease of the school portion of such\\ncombined occupancy structures to such public corporation or officer, in\\naccordance with the terms of an agreement entered into among them\\npursuant to this article. The fund is hereby authorized to accept such\\nlease or conveyance; to lease, sublease or otherwise transfer or convey,\\nsuch lands and improvements and all or any part of the buildings or\\nstructures constructed, reconstructed, rehabilitated or improved\\nthereon, to third parties and to such public corporation or officer in\\naccordance with the provisions of this article, and to hold the same\\nsubject to the terms of any such lease, conveyance, sublease or other\\nagreement; and such public corporation or officer is hereby authorized\\nto lease or sublease from the fund any such lands or improvements or the\\nschool portion of any combined occupancy structure, constructed,\\nreconstructed, rehabilitated or improved thereon pursuant to this\\narticle or other provisions of law, and to hold such lands,\\nimprovements, buildings and school portions of combined occupancy\\nstructures subject to the terms of any such lease, sublease or other\\nagreement.\\n 2. In the event that the fund shall fail, within five years from the\\ndate of a lease or conveyance authorized pursuant to subdivision one of\\nthis section, to construct, reconstruct, rehabilitate or improve the\\nbuildings or structures thereon for which the conveyance was made, as\\nprovided for in a lease, sublease or other agreement entered into with\\nsuch public corporation or officer, or in the event that such buildings\\nor structures shall cease to be used for the purposes intended, then and\\nin either event but subject to the terms of any lease, sublease or other\\nagreement undertaken by the fund, such lands, and the improvements and\\nbuildings or structures thereon, shall revert to the city of New York\\nwith right of re-entry thereupon, and such lease or deed shall be made\\nsubject to such conditions; provided, however, that as a condition\\nprecedent to the exercise of such right of re-entry the city of New\\nYork, or such public corporation or officer, shall pay to the fund an\\namount equal to the purchase price of such lands and improvements, the\\ndepreciated cost of any buildings or structures constructed,\\nreconstructed, rehabilitated or improved thereon, and all other costs of\\nthe fund incident to the acquisition of such lands and the financing of\\nconstruction, reconstruction, rehabilitation or improvement relating to\\nsuch buildings or structures, all as provided in the aforesaid lease,\\nsublease or other agreement entered into with such public corporation or\\nofficer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "457", "title" : "Plans and specifications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "457", "activeDate" : "2014-09-22", "sequenceNo" : 319, "repealedDate" : null, "fromSection" : "457", "toSection" : "457", "text" : " § 457. Plans and specifications. 1. (a) No combined occupancy\\nstructure shall be acquired, leased, erected, repaired, enlarged or\\nremodeled by the fund until the detailed plans and specifications and\\ncost estimates for the school portion thereof have been submitted to the\\nboard of education and its approval has been endorsed thereon.\\n (b) The board of education shall also review and approve the\\narchitectural concept, including an outline of the plans and\\nspecifications therefor, of the non-school portion of any combined\\noccupancy structure to be erected, repaired, enlarged or remodeled in\\naccordance with the provisions of any lease or other agreement between\\nthe fund and any developer.\\n 2. Notwithstanding any other provision of law applicable to the city\\nschool district of the city of New York or the board of education of the\\ncity of New York, such district and such board shall only be required to\\nsubmit an outline of the plans and specifications for a combined\\noccupancy structure, and for the school portion thereof, to the\\ncommissioner of education for his information.\\n 3. Every contract, lease or other agreement executed by or on behalf\\nof the fund which makes provision for the construction, acquisition,\\nreconstruction, rehabilitation or improvement of the school portion of\\nany combined occupancy structure shall include a provision that the\\narchitect who designed the facility, or an architect or engineer\\nretained specifically for the purpose of supervision, shall supervise\\nthe work to be performed through to completion and shall see to it that\\nthe materials furnished are in accordance with the drawings, plans,\\nspecifications and contractual provisions therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "458", "title" : "Letting of construction contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458", "activeDate" : "2014-09-22", "sequenceNo" : 320, "repealedDate" : null, "fromSection" : "458", "toSection" : "458", "text" : " § 458. Letting of construction contracts. 1. Any contract let by the\\nfund or by any letting agency on behalf of the fund for the\\nconstruction, reconstruction, rehabilitation or improvement of a\\ncombined occupancy structure or of the school portion thereof, shall be\\nin conformity with the provisions of section one hundred one of the\\ngeneral municipal law.\\n 2. Except as otherwise provided in section two hundred twenty-two of\\nthe labor law, every contract, lease or other agreement entered into by\\nor on behalf of the fund for the acquisition, lease, construction,\\nreconstruction, rehabilitation or improvement of the school portion of\\nthe work in any combined occupancy structure shall contain a provision\\nthat, when the entire cost of any such contemplated construction,\\nreconstruction, rehabilitation or improvement for the school portion of\\nthe work shall exceed three million dollars in the counties of the\\nBronx, Kings, New York, Queens, and Richmond; one million five hundred\\nthousand dollars in the counties of Nassau, Suffolk and Westchester; and\\nfive hundred thousand dollars in all other counties within the state,\\nseparate specifications shall be prepared for the following three\\nsubdivisions of the work on the school portion to be performed:\\n a. Plumbing and gas fitting;\\n b. Steam heating, hot water heating, ventilating and air conditioning\\napparatus; and\\n c. Electric wiring and standard illuminating fixtures.\\n Such specifications shall be drawn so as to permit the letting of\\nseparate and independent contracts for each of the above three\\nsubdivisions of work. Within the above three subdivisions of work, any\\nequipment, apparatus and/or installations which shall be designed to\\nservice the entire combined occupancy structure shall be included within\\nthe school portion of the work or let as separate and independent\\ncontracts even if physically located within the non-school portion of\\nthe work. Except as otherwise provided by the public housing law, the\\nprovisions of which shall apply when the developer is the New York city\\nhousing authority, every developer or general contractor undertaking the\\nconstruction, reconstruction, rehabilitation or improvement of any such\\ncombined occupancy structure pursuant to or in furtherance of the\\nprovisions of this article shall let separate contracts to the lowest\\nresponsible bidder for the three subdivisions of the above specified\\nwork to persons, firms or corporations approved by the chairman of the\\nfund as being qualified, responsible and reliable bidders engaged in\\nthese classes of work. All such qualified bidders engaged in the above\\nspecified work shall be entitled to bid and to receive, upon request, a\\ncopy of the plans and specifications. All such bids shall be submitted\\nto the fund and shall be opened publicly at a stated time and place.\\n 2-a. Each bidder on a public work contract, where the preparation of\\nseparate specifications is not required, shall submit with its bid a\\nseparate sealed list that names each subcontractor that the bidder will\\nuse to perform work on the contract, and the agreed-upon amount to be\\npaid to each, for: a. plumbing and gas fitting, b. steam heating, hot\\nwater heating, ventilating and air conditioning apparatus and c.\\nelectric wiring and standard illuminating fixtures. After the low bid is\\nannounced, the sealed list of subcontractors submitted with such low bid\\nshall be opened and the names of such subcontractors shall be announced,\\nand thereafter any change of subcontractor or agreed-upon amount to be\\npaid to each shall require the approval of the public owner, upon a\\nshowing presented to the public owner of legitimate construction need\\nfor such change, which shall be open to public inspection. Legitimate\\nconstruction need shall include, but not be limited to, a change in\\nproject specifications, a change in construction material costs, a\\nchange to subcontractor status as determined pursuant to paragraph (e)\\nof subdivision two of section two hundred twenty-two of the labor law,\\nor the subcontractor has become otherwise unwilling, unable or\\nunavailable to perform the subcontract. The sealed lists of\\nsubcontractors submitted by all other bidders shall be returned to them\\nunopened after the contract award.\\n 3. a. In addition to other bond or bonds, if any, required by law for\\nthe completion of the school portion of a combined occupancy structure,\\nor in the absence of any such requirement, the fund shall nevertheless\\nrequire, prior to the approval of any lease or other agreement providing\\nfor the construction, reconstruction, rehabilitation or improvement of\\nany combined occupancy structure, that the developer, if other than the\\nNew York city housing authority, or general contractor, furnish a bond\\nguaranteeing prompt payment of moneys due to all persons furnishing\\nlabor or materials to or for the person furnishing said bond or to his\\nsubcontractors in the prosecution of the entire work provided for in\\nsuch lease or other agreement. Whenever the developer is the New York\\ncity housing authority, it shall require each of its contractors to\\nfurnish such bonds to said authority and fund with respect to the work\\nto be performed and materials supplied by such contractor, and no\\nseparate or other payment bond shall be required to be furnished to the\\nfund. In those instances where the developer or general contractor is an\\nagency of the state or a public-benefit corporation created by an act of\\nthe state legislature and in instances where said developer or general\\ncontractor or the guarantor of payment of the construction costs of the\\nnon-school portion of the combined \"occupancy structure\" is a public\\nutility corporation or a bank, trust company or savings bank as defined\\nin section two of the banking law, or a national bank having its office\\nand principal place of business in this state, or a subsidiary of such a\\nbank or trust company of which at least eighty (80%) percent of whose\\nstock is owned by it, the said developer or general contractor shall\\nonly be required to furnish said payment bond with respect to the school\\nportion of the combined occupancy structure. In such instances, the said\\npayment bond shall not be required by the fund with respect to the\\nnon-school portion of the combined occupancy structure, but, in lieu\\nthereof, such fund shall require said agency, public benefit\\ncorporation, public utility corporation or banking institution, as the\\ncase may be to guarantee payment of all construction costs with respect\\nto the non-school portion of the combined occupancy structure.\\n b. A copy of such payment bond shall be kept in the office of the\\nchairman of the fund and a copy shall also be kept in the office of the\\nboard of education; such copies shall be open to public inspection.\\n c. Every person who has furnished labor or material, to or for the\\ndeveloper or contractor furnishing such payment bond or to his or her\\nsubcontractors in the prosecution of the work provided for in the lease\\nor other agreement for which said bond is furnished and who has not been\\npaid in full therefor before the expiration of a period of ninety days\\nafter the day on which the last of the labor was performed or material\\nwas furnished by him or her for which the claim is made, shall have the\\nright to sue on such payment bond in his or her own name for the amount,\\nor the balance thereof, unpaid at the time of commencement of the\\naction; provided, however, that a person having a direct contractual\\nrelationship with a subcontractor of the developer or contractor\\nfurnishing the payment bond but no contractual relationship express or\\nimplied with such developer or contractor shall not have a right of\\naction upon the bond unless he or she shall have given written notice to\\nsuch developer or contractor furnishing the bond within ninety days from\\nthe date on which the last of the labor was performed or the last of the\\nmaterial was furnished, for which his or her claim is made, stating with\\nsubstantial accuracy the amount claimed and the name of the party to\\nwhom the material was furnished or for whom the labor was performed. The\\nnotice shall be served by delivering the same personally to the\\ndeveloper or contractor furnishing said bond or by mailing the same by\\nregistered mail, postage prepaid, in an envelope addressed to such\\ndeveloper or contractor at any place where he maintains an office or\\nconducts his or her business or at his or her residence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "459", "title" : "Resources of the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "459", "activeDate" : "2014-09-22", "sequenceNo" : 321, "repealedDate" : null, "fromSection" : "459", "toSection" : "459", "text" : " § 459. Resources of the fund. 1. The fund may receive, accept,\\ninvest, administer, expend and disburse for its corporate purposes\\nappropriations or advances from the city of New York, and other revenues\\nand moneys made available or to be made available to the fund from any\\nor all sources, including gifts, grants, loans and payments from the\\nfederal government, any state agency, any private foundation,\\norganization or individual, or any other source, for the construction,\\nacquisition, reconstruction, rehabilitation and improvement of combined\\noccupancy structures, for the maintenance and repair of such structures,\\nor for the costs of personal service and maintenance and operation of\\nthe fund.\\n 2. All moneys of the fund, except as otherwise authorized or provided\\nin this article, shall be paid to the comptroller of the city of New\\nYork as agent of the fund, who shall not commingle such moneys with any\\nother moneys. Such moneys shall be deposited in two or more separate\\nbank accounts. The moneys in any account shall be paid out of checks\\nsigned by the comptroller on requisition of the chairman of the fund or\\nof such other officer or employee or officers or employees as the fund\\nshall authorize to make such requisition. All deposits of such money\\nshall, if required by the comptroller or the trustees of the fund, be\\nsecured by obligations of the United States or of the city or the state\\nof a market value equal at all times to the amount of the deposit and\\nall banks and trust companies are authorized to give such security for\\nsuch deposits.\\n 3. Subject to the terms of any lease, sublease or other agreement\\nundertaken by the fund, any such moneys of the fund not required for\\nimmediate use may, at the discretion of the fund, be invested by the\\ncomptroller in obligations of the United States, the state or the city\\nor in obligations the principal and interest of which are guaranteed by\\nthe United States, the state or the city.\\n 4. The chairman of the fund shall annually, on or before January\\nfirst, prepare and submit to the mayor and the director of the budget of\\nthe city of New York, on behalf of the trustees of the fund, an itemized\\nbudget for the administration of the fund during the city's next\\nsucceeding fiscal year and information as to the payment or provision\\nfor payment of obligations of the fund expected to be required during\\nsuch year.\\n 5. The city comptroller, or his legally authorized representative, is\\nhereby authorized and empowered from time to time to examine the books\\nand accounts of the fund including its receipts, disbursements,\\ncontracts, reserves, investments, and any other matters relating to its\\nfinancial standing. Such an examination shall be conducted by the\\ncomptroller at least once in every five years; the comptroller is\\nauthorized, however, to accept from the fund, in lieu of such an\\nexamination, an external examination of its books and accounts made at\\nthe request of the trustees of the fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "460", "title" : "Lease and other agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460", "activeDate" : "2014-09-22", "sequenceNo" : 322, "repealedDate" : null, "fromSection" : "460", "toSection" : "460", "text" : " § 460. Lease and other agreements. 1. Any agreement entered into\\nbetween the fund and the owner or developer of a proposed combined\\noccupancy structure pursuant to section four hundred fifty-four of this\\nchapter shall provide for (i) the construction, acquisition,\\nreconstruction, rehabilitation or improvement of one or more combined\\noccupancy structures, and the purchase or acquisition of the original\\nfurnishings, equipment, machinery and apparatus to be used in the school\\nportion of a combined occupancy structure upon completion of the work,\\n(ii) the reconveyance, retransfer or leasing of all or any portion\\nthereof and of the real property or interest therein related thereto,\\nincluding real property originally acquired by the board of education in\\nthe name of the city of New York, upon the completion of construction,\\nacquisition, reconstruction, rehabilitation or improvement upon such\\nterms and conditions as may be agreed upon in those instances where\\nthere has been a prior conveyance, transfer or lease by the Fund to the\\nowner or developer, (iii) the leasing or subleasing of such combined\\noccupancy structures and property, or separately of the school and\\nnon-school portions thereof, by the fund upon completion for a term not\\nexceeding ninety-nine years and upon such terms and conditions including\\nannual rental as may be agreed upon, and (iv) the conveyance to the\\nboard of education in the name of the city of New York of title to the\\nschool portion of any such combined occupancy structures at the\\nexpiration of the term of the lease, or any renewal or extension\\nthereof, or upon earlier payment in full of the total amount specified\\ntherein, without additional charge therefore. The board of education\\nshall approve any such agreement.\\n 2. a. Any lease, sublease or other agreement entered into between the\\nfund and the owner or developer of a proposed combined occupancy\\nstructure shall provide for payment to the fund of the fair market value\\nof such easements, space rights, air rights or other fee or leasehold\\ninterests as are to be held or retained by such owner or developer or\\nhis successor in interest under the terms of such agreement; provided\\nthat where subsidized housing, as hereinafter defined, is intended to be\\nbuilt in or on said easements, space rights, air rights or other fee or\\nleasehold interests, the appropriate document may provide, in the\\ndiscretion of the fund, for payment to the fund of less than the fair\\nmarket value of such easements, space rights, air rights, or other fee\\nor leasehold interests. As used in this paragraph, subsidized housing\\nshall mean dwelling units aided by one or more federal, state or\\nmunicipal programs designed to provide low or moderate income housing.\\n b. Whenever the easements, space rights, air rights or other fee or\\nleasehold interests held or retained by such owner or developer, if\\nother than the New York city housing authority, and/or the non-school\\nimprovements constructed or erected therein or thereon, shall be exempt\\nfrom real property taxes pursuant to the provisions of section four\\nhundred sixty-eight of this article, such lease, sublease or other\\nagreement shall also provide for the payment to the fund of annual or\\nother periodic amounts equal to the amount of real property taxes that\\nwould otherwise have been paid or payable with respect to such\\neasements, space rights, air rights or other fee or leasehold interests,\\nand with respect to the non-school improvements constructed or erected\\ntherein or thereon, over the term of such lease, sublease or other\\nagreement. Where such lease, sublease, or other agreement provides for\\nthe annual or other periodic payment of a fixed sum or sums as a tax\\nequivalency payment during the term of such a lease, sublease, or other\\nagreement, or any part thereof, the sum or sums to be paid may be either\\ngreater or less than the actual amount of real property taxes that would\\notherwise have been paid or payable with respect to the said property\\nrights affected, if said property rights were not exempt, provided the\\ncity shall approve such provision. In the event provision is made for\\nthe annual or other periodic payment of a fixed sum or sums as a tax\\nequivalency payment, such lease, sublease, or other agreement may\\nfurther provide, upon approval by the city of such provision, that (i)\\nsuch lessee, sublessee or vendee shall be required to pay such fixed sum\\nor sums to the fund during the term of such lease, sublease, or other\\nagreement regardless of whether the said property rights are exempt from\\nreal property taxes, (ii) if for any year during such term an ad valorem\\ntax shall be levied and paid by such lessee, sublessee or vendee on the\\nsaid property rights, such lessee, sublessee or vendee shall receive a\\ncredit against any taxes thereafter payable by it to the city the amount\\nof such ad valorem tax paid by it, and (iii) in the event during such\\nterm a substitute tax, in place either in whole or in part of a real\\nproperty tax on said property rights, is levied and paid by such lessee,\\nsublessee or vendee, such lessee, sublessee, or vendee shall receive a\\ncredit against any taxes thereafter payable by it to the city for the\\namount of such substitute tax paid by it.\\n c. (1) Notwithstanding the provisions of section fifty-two of the\\npublic housing law, whenever the New York city housing authority is such\\nowner or developer, such lease, sublease or other agreement shall also\\nprovide for the payment by such authority to the fund or the city of\\nsuch amount, for any year or years, as payment in lieu of real property\\ntaxes on the non-school portion constituting a project, as defined by\\nthe public housing law, as may be agreed upon among the fund, the city\\nand the authority, and as may be approved by the commissioner of the\\nstate division of housing and community renewal if such project is a\\nstate project as defined in the public housing law, and by the federal\\ngovernment if such project is a federal project as defined in the public\\nhousing law.\\n (2) For any of the purposes of the public housing law, including,\\nspecifically, section seventy-three thereof, and notwithstanding any\\nother provision in the public housing law for establishing the amount of\\ntaxes paid or payable with respect to a project for such year and the\\nresulting amount of tax exemption, in computing the amount of tax\\nexemption granted to such non-school portion constituting a project, as\\ndefined by the public housing law, the amount of such payment in lieu of\\ntaxes paid or payable with respect thereto for any year shall be deemed\\nto be the amount of taxes paid or payable for such year.\\n 3. Any lease, sublease or other agreement entered into between the\\nfund and the city of New York or the board of education pursuant to\\nsection four hundred fifty-four of this chapter shall provide for (i)\\nthe construction, acquisition, reconstruction, rehabilitation or\\nimprovement of one or more combined occupancy structures and (ii) the\\nleasing or subleasing of the school portion of such structures to the\\ncity or the board for a term not exceeding ninety-nine years, upon such\\nterms and conditions as may be agreed upon.\\n 4. Every lease, sublease or other agreement executed pursuant to this\\narticle shall be subject to the approval of the commissioner of general\\nservices and the director of management and budget with respect to all\\nrentals or other payments to be made thereunder by the city of New York,\\nthe board of education or by the owner or developer of a combined\\noccupancy structure and shall contain a clause that any agreement of the\\ncity of New York thereunder shall be deemed executory to the extent of\\nthe moneys available to the city therefor and no liability on account\\nthereof shall be incurred by the city beyond the moneys available for\\nthe purpose thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "461", "title" : "Notes and bonds of the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461", "activeDate" : "2014-09-22", "sequenceNo" : 323, "repealedDate" : null, "fromSection" : "461", "toSection" : "461", "text" : " § 461. Notes and bonds of the fund. 1. (a) Subject to the provisions\\nof section four hundred sixty-two of this chapter, the fund shall have\\nthe power and is hereby authorized from time to time to issue its\\nnegotiable bonds and notes in such principal amount as, in the opinion\\nof the fund, shall be necessary, after taking into account other monies\\nwhich may be available for the purpose, to provide sufficient funds for\\nachieving its corporate purposes, including the construction,\\nacquisition, reconstruction, rehabilitation or improvement of the school\\nportion of combined occupancy structures pursuant to this article, the\\npayment of interest on bonds and notes of the fund, establishment of\\nreserves to secure such bonds and notes, and all other expenditures of\\nthe fund incident to and necessary or convenient to carry out its\\ncorporate purposes and powers;\\n (b) The fund shall have power, from time to time, to issue renewal\\nnotes, to issue bonds to pay notes and whenever it deem refunding\\nexpedient, to refund any bonds by the issuance of new bonds, whether the\\nbonds to be refunded have or have not matured, and to issue bonds partly\\nto refund bonds then outstanding and partly for any other purpose. The\\nrefunding bonds shall be sold and the proceeds applied to the purchase,\\nredemption or payment of the bonds to be refunded;\\n (c) Except as may otherwise be expressly provided by the fund, every\\nissue of its notes or bonds shall be general obligations of the fund\\npayable out of any revenues or monies of the fund, subject only to any\\nagreements with the holders of particular notes or bonds pledging any\\nparticular receipts or revenues;\\n (d) Whether or not the notes or bonds are of such form and character\\nas to be negotiable instruments under the provisions of article eight of\\nthe uniform commercial code, the notes or bonds shall be and hereby are\\nmade negotiable instruments within the meaning of and for all the\\npurposes of the uniform commercial code, subject only to the provisions\\nof the notes or bonds for registration.\\n 2. The notes and bonds of the fund shall be authorized by resolution\\nof the trustees, shall bear such date or dates, and shall mature at such\\ntime or times, in the case of any such note, or any renewals thereof,\\nnot exceeding five years, from the date of issue of such original note,\\nand in the case of any such bond not exceeding forty years from the date\\nof issue, as such resolution or resolutions may provide. The notes and\\nbonds shall bear interest at such rate or rates, be in such\\ndenominations, be in such form, either coupon or registered, carry such\\nregistration privileges, be executed in such manner, be payable in such\\nmedium of payment, at such place or places and be subject to such terms\\nof redemption as such resolution or resolutions may provide. The notes\\nand bonds of the fund may be sold by the fund, at public or private\\nsale, at such price or prices as the fund shall determine. No notes or\\nbonds of the fund may be sold by the fund at private sale, however,\\nunless such sale and the terms thereof have been approved in writing by\\nthe city comptroller.\\n 3. Any resolution or resolutions authorizing any notes or bonds or any\\nissue thereof may contain provisions, which shall be a part of the\\ncontract with the holders thereof, as to:\\n (a) pledging all or any part of the fees and charges made or received\\nby the fund, and all or any part of (i) the rentals or other payments to\\nbe received by the fund with respect to the school portion of combined\\noccupancy structures financed with the proceeds of such bonds and notes,\\nand (ii) the rentals or other payments to be received by the fund with\\nrespect to the non-school portion of combined occupancy structures and\\n(iii) any other monies, assets or accounts received or to be received by\\nthe fund or pledged or assigned to the fund to secure the payment of\\nsuch notes or bonds or of any issue thereof, subject to such agreements\\nwith bondholders or noteholders as may then exist;\\n (b) pledging all or any part of the assets of the fund to secure the\\npayment of such notes or bonds or of any issue of notes or bonds,\\nsubject to such agreements with noteholders or bondholders as may then\\nexist;\\n (c) the use and disposition of the gross income of the fund in\\nconnection with combined occupancy structures financed or constructed,\\nacquired, reconstructed, rehabilitated or improved by it or on its\\nbehalf;\\n (d) the setting aside of reserves or sinking funds and the regulation\\nand disposition thereof;\\n (e) limitations on the purpose to which the proceeds of sale of notes\\nor bonds may be applied and pledging such proceeds to secure the payment\\nof the notes or bonds or of any issue thereof;\\n (f) limitations on the issuance of additional notes or bonds; the\\nterms upon which additional notes or bonds may be issued and secured;\\nthe refunding of outstanding or other notes or bonds;\\n (g) the procedure, if any, by which the terms of any contract with\\nnoteholders or bondholders may be amended or abrogated, the amount of\\nnotes or bonds the holders of which must consent thereto, and the manner\\nin which such consent may be given;\\n (h) limitations on the amount of monies to be expended by the fund for\\noperating, administrative or other expenses of the fund;\\n (i) vesting in a trustee or trustees such property, rights, powers and\\nduties in trust as the fund may determine, which may include any or all\\nof the rights, powers and duties of the trustee appointed by the\\nbondholders pursuant to this article, and limiting or abrogating the\\nright of the bondholders to appoint a trustee under this article or\\nlimiting the rights, powers and duties of such trustee;\\n (j) any other matters, of like or different character, which in any\\nway affect the security or protection of the notes or bonds.\\n 4. It is the intention hereof that any pledge made by the fund shall\\nbe valid and binding from the time when the pledge is made; that the\\nmonies or property so pledged and thereafter received by the fund shall\\nimmediately be subject to the lien of such pledge without any physical\\ndelivery thereof or further act; and that the lien of any such pledge\\nshall be valid and binding as against all parties having claims of any\\nkind in tort, contract or otherwise against the fund, irrespective of\\nwhether such parties have notice thereof. Neither the resolution nor any\\nother instrument by which a pledge is created need be recorded.\\n 5. Neither the trustees of the fund nor any person executing the notes\\nor bonds shall be liable personally on the notes or bonds or be subject\\nto any personal liability or accountability by reason of the issuance\\nthereof.\\n 6. The fund, subject to such agreements with noteholders or\\nbondholders as may then exist, shall have power out of any funds\\navailable therefor to purchase notes or bonds of the fund, which shall\\nthereupon be cancelled, at a price not exceeding (a) if the notes or\\nbonds are then redeemable, the redemption price then applicable plus\\naccrued interest to the next interest payment date thereon, or (b) if\\nthe notes or bonds are not then redeemable, the redemption price\\napplicable on the first date after such purchase upon which the notes or\\nbonds become subject to redemption plus accrued interest to such date.\\n 7. Neither the state nor the city of New York shall be liable on the\\nnotes or bonds of the fund and such notes and bonds shall not be a debt\\nof the city or the state, and such notes and bonds shall contain on the\\nface thereof a statement to such effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "462", "title" : "Reserve funds, appropriations and other funds and accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "462", "activeDate" : "2014-09-22", "sequenceNo" : 324, "repealedDate" : null, "fromSection" : "462", "toSection" : "462", "text" : " § 462. Reserve funds, appropriations and other funds and accounts. 1.\\n(a) The fund shall create and establish a special fund (herein referred\\nto as capital reserve fund), and, to secure bonds of the fund issued\\nprior to the twenty-fourth day of July, nineteen hundred seventy-six,\\nshall pay into such capital reserve fund (1) any monies appropriated and\\nmade available by the state or the city of New York for the purposes of\\nsuch fund, (2) any proceeds of sale of notes or bonds to the extent\\nprovided in the resolution of the fund authorizing the issuance thereof,\\nand (3) any other monies which may be made available to the fund for the\\npurpose of such capital reserve fund from any other source or sources.\\nAll moneys held in the capital reserve fund, established for bonds of\\nthe fund secured by such capital reserve fund except as hereinafter\\nprovided, shall be used solely for the payment of the principal of such\\nbonds as the same mature, required payments to any sinking fund\\nestablished for the amortization of such term bonds (hereinafter\\nreferred to as \"sinking fund payments\"), the purchase or redemption of\\nsuch bonds, the payment of interest on such bonds or the payment of any\\nredemption premium required to be paid when such bonds are redeemed\\nprior to maturity; provided, however, that moneys in such capital\\nreserve fund shall not be withdrawn therefrom at any time in such amount\\nas would reduce the amount of such fund to less than the maximum amount\\nof principal and interest maturing and becoming due and sinking fund\\npayments required to be made in any succeeding fiscal year on all bonds\\nof the fund secured by the capital reserve fund then outstanding, except\\nfor the purpose of paying principal, interest and sinking fund payments\\nbecoming due on such bonds of the fund maturing and becoming due and for\\nthe payment of which other monies of the fund are not available. For the\\npurposes of this subdivision, in computing the maximum amount of\\nprincipal maturing in any succeeding calendar year, the principal amount\\nof any term bonds which are to be amortized by sinking fund payments\\nshall not be included in the computation. Any income or interest earned\\nby, or increment to, the capital reserve fund due to the investment\\nthereof may be transferred to other funds or accounts to the extent it\\ndoes not reduce the amount of the capital reserve fund below the maximum\\namount of principal and interest maturing and becoming due and sinking\\nfund payments required to be made in any succeeding calendar year on all\\nbonds of the fund then outstanding secured by the capital reserve fund.\\n (b) The fund shall not issue bonds secured by the capital reserve fund\\nat any time if the maximum amount of principal and interest maturing and\\nbecoming due and sinking fund payments required to be made in a\\nsucceeding fiscal year on the bonds then to be issued and on all other\\nbonds of the fund then outstanding secured by the capital reserve fund\\nwill exceed the amount of the capital reserve fund at the time of\\nissuance unless the fund, at the time of issuance of such bonds, shall\\ndeposit in the capital reserve fund from the proceeds of the bonds so to\\nbe issued, or otherwise, an amount which, together with the amount then\\nin such fund, will be not less than the maximum amount of principal and\\ninterest maturing and becoming due and sinking fund payments required to\\nbe made in any succeeding fiscal year on such bonds then to be issued\\nand on all other bonds of the fund then outstanding secured by the\\ncapital reserve fund.\\n (c) To assure the continued operation and solvency of the capital\\nreserve fund for the carrying out of the public purposes of this\\narticle, provision is made in paragraph (a) of this subdivision for the\\naccumulation in the capital reserve fund of an amount equal to the\\nmaximum amount of principal and interest maturing and becoming due and\\nsinking fund payments required to be made in any succeeding fiscal year\\non all bonds of the fund then outstanding secured by the capital reserve\\nfund. In order further to assure such maintenance of the capital reserve\\nfund, the board of education shall annually request from the city of New\\nYork and pay over to the fund, for deposit in the capital reserve fund,\\nsuch sum, if any, as shall be certified by the chairman of the fund to\\nthe board, the mayor and the director of management and budget of the\\ncity of New York as necessary to restore the capital reserve fund to an\\namount equal to the maximum amount of principal and interest maturing\\nand becoming due and sinking fund payments required to be made in the\\nnext succeeding fiscal year on the bonds of the fund then outstanding\\nsecured by the capital reserve fund; provided, however, that such sum\\nshall have been first appropriated by the city to the board or shall\\notherwise have been made lawfully available to the board for such\\npurpose. The chairman of the fund shall annually, not later than the\\nfifteenth day of February in each year, make and deliver to the board,\\nthe mayor and the director of management and budget his certificate\\nstating the amount, if any, required to restore the capital reserve fund\\nto the amount aforesaid and the amount so stated, if any, shall be paid\\nto the fund by the board during the then current fiscal year of the\\nfund. In the event of the failure or inability of the board to pay over\\nthe stated amount to the fund on or before August first of the same\\nyear, the chairman of the fund shall forthwith make and deliver to the\\ncomptroller of the state of New York a further certificate restating the\\namount so required and, after the comptroller of the state of New York\\nshall have given written notice to the commissioner of education, the\\nmayor and director of management and budget, such amount shall be paid\\nover to the fund by the comptroller of the state of New York out of the\\nnext payment of state aid apportioned to the city of New York on behalf\\nof the city school district of the city of New York for the support of\\ncommon schools or such other aid or assistance payable in support of\\ncommon schools as shall supersede or supplement such state aid for the\\nsupport of common schools, including federal moneys apportioned by the\\nstate to the city of New York on behalf of the city school district for\\nthe support of common schools. Any amount so paid over to the fund shall\\nbe deducted from the corresponding apportionment of state education aid\\nor other aid or assistance for education otherwise credited to the board\\nof education for its purposes and shall not obligate the state to make\\nor entitle the city or the board of education to receive any additional\\nor increased apportionment or payment of state aid for school purposes.\\n (d) In computing the amount of the capital reserve fund for the\\npurposes of this section, securities in which all or a portion of such\\nfund shall be invested shall be valued at par, or if purchased at less\\nthan par, at their cost to the fund.\\n 2. The fund may create and establish with the comptroller or with a\\ntrustee one or more additional funds or accounts and, subject to\\nagreements with bondholders and noteholders, may pay into such funds or\\naccounts (i) fees and charges collected by the fund, (ii) monies which\\nshall be transferred from the capital reserve fund pursuant to the\\nprovisions of paragraph (a) of subdivision one of this section, and\\n(iii) any other monies which may be made available to the fund from any\\nother source or sources. The monies held in or credited to any such\\nreserve fund or account may, in the discretion of the fund but subject\\nto agreements with bondholders and noteholders, be used by the fund (a)\\nfor the repayment of advances from the city of New York, (b) to\\nreimburse the board of education of the city of New York the reasonable\\ncosts of services performed by the board for the fund pursuant to\\nsection four hundred fifty-five of this article, (c) to pay all costs,\\nexpenses and charges of financing, including fees and expenses of\\ntrustees and paying agents, (d) for transfers to the capital reserve\\nfund, (e) for the payment of principal of and interest on bonds or notes\\nissued by the fund when the same shall become due, whether at maturity\\nor on call for redemption, and for the payment of any redemption premium\\nrequired to be paid where such bonds or notes are redeemed prior to\\ntheir stated maturities, and to purchase bonds or notes issued by the\\nfund, (f) for such other corporate purposes as the fund in its\\ndiscretion shall determine and provide, or (g) for payment to the board\\nof education for school purposes.\\n 3. (a) The fund may create and establish one or more special funds\\n(herein referred to as debt service reserve funds), and, to secure bonds\\nof the fund issued on or after the twenty-fourth day of July, nineteen\\nhundred seventy-six, shall pay into each such debt service reserve fund\\n(1) any monies appropriated and made available by the state or city of\\nNew York for the purposes of such fund, (2) any proceeds of sale of\\nnotes or bonds to the extent provided in the resolution of the fund\\nauthorizing the issuance thereof, and (3) any other monies which may be\\nmade available to the fund for the purposes of any such debt service\\nreserve fund from any other source or sources. All moneys held in a debt\\nservice reserve fund, except as hereinafter provided, shall be used\\nsolely for the payment of the principal of bonds of the fund as the same\\nmature, required payments to any sinking fund established for the\\namortization of term bonds (hereinafter referred to as \"sinking fund\\npayments\"), so secured, the purchase or redemption of bonds of the fund\\nso secured, the payment of interest on such bonds of the fund so secured\\nor the payment of any redemption premium required to be paid when such\\nbonds secured by a debt service reserve fund are redeemed prior to\\nmaturity; provided, however, that moneys in a debt service reserve fund\\nshall not be withdrawn therefrom at any time in such amount as would\\nreduce the amount of such fund to less than the debt service reserve\\nfund requirement established pursuant to the agreement with the holders\\nof the bonds of the fund secured by such debt service reserve fund,\\nexcept for the purpose of paying principal of, interest and sinking fund\\npayments becoming due on such bonds of the fund maturing and becoming\\ndue and for the payment of which other monies of the fund are not\\navailable. Any income or interest earned by, or increment to, a debt\\nservice reserve fund due to the investment thereof may be transferred to\\nother funds or accounts to the extent it does not reduce the amount of a\\ndebt service reserve fund below the debt service reserve fund\\nrequirement.\\n (b) The fund shall not issue bonds secured by a debt service reserve\\nfund at any time if the amount in such debt service reserve fund is less\\nthan the debt service reserve fund requirement at the time of issuance\\nunless the fund, at the time of issuance of such bonds, shall deposit in\\nthe debt service reserve fund from the proceeds of the bonds so to be\\nissued, or otherwise, an amount which, together with the amount then in\\nsuch fund, will be not less than the debt service reserve fund\\nrequirement established by the agreement with the holders of the bonds\\nof the fund secured thereby.\\n (c) To assure the continued operation and solvency of the fund for the\\ncarrying out of the public purposes of this article, provision is made\\nin paragraph (a) of this subdivision for the accumulation in a debt\\nservice reserve fund of an amount equal to the debt service reserve fund\\nrequirement on all bonds of the fund then outstanding secured by a debt\\nservice or debt service reserve fund. In order further to assure such\\nmaintenance of a debt service reserve fund, the board of education shall\\nannually request from the city of New York and pay over to the fund\\nafter making the payment required by paragraph (c) of subdivision one of\\nthis section for deposit in a debt service reserve fund, such sum, if\\nany, as shall be certified by the chairman of the fund to the board, the\\nmayor and the director of the budget of the city of New York as\\nnecessary to restore such debt service reserve fund to an amount equal\\nto the debt service reserve fund requirement for the bonds of the fund\\nsecured by such debt service reserve fund; provided, however, that such\\nsum shall have been first appropriated by the city to the board or shall\\notherwise have been made lawfully available to the board for such\\npurpose. The chairman of the fund shall annually, not later than the\\nfifteenth day of February in each year, make and deliver to the board,\\nthe mayor and the director of the budget his certificate stating the\\namount, if any, required to restore a debt service reserve fund to the\\namount aforesaid and the amount so stated after making the payment\\nrequired by paragraph (c) of subdivision one of this section if any,\\nshall be paid to the fund by the board during the then current fiscal\\nyear of the fund. In the event of the failure or inability of the board\\nto pay over the stated amount to the fund on or before August first of\\nthe same year, the chairman of the fund shall forthwith make and deliver\\nto the comptroller of the state of New York a further certificate\\nrestating the amount so required and, after the comptroller of the state\\nof New York shall have given written notice to the commissioner, the\\nmayor and director of the budget, such amount after making the payment\\nrequired by paragraph (c) of subdivision one of this section shall be\\npaid over to the fund by the comptroller of the state of New York out of\\nthe next payment of state aid apportioned to the city of New York on\\nbehalf of the city school district of the city of New York for the\\nsupport of common schools or such other aid or assistance payable in\\nsupport of common schools as shall supersede or supplement such state\\naid for the support of common schools, including federal moneys\\napportioned by the state to the city of New York on behalf of the city\\nschool district for the support of common schools. Any amount so paid\\nover to the fund under paragraph (c) of subdivision one of this section\\nshall be deducted from the corresponding apportionment of state\\neducation aid or other aid or assistance for education otherwise\\ncredited to the board of education for its purposes and shall not\\nobligate the state to make or entitle the city or the board of education\\nto receive any additional or increased apportionment or payment of state\\naid for school purposes.\\n (d) In computing the amount of any debt service reserve fund for the\\npurposes of this section, securities in which all or a portion of such\\nfund shall be invested shall be valued at par, or if purchased at less\\nthan par, at their cost to the fund.\\n (e) The maximum debt service reserve fund requirement for any debt\\nservice reserve fund created pursuant to this subdivision shall not\\nexceed the amount of principal and interest maturing and becoming due\\nand sinking fund payments required to be made in any year on all bonds\\nof the fund secured by such debt service reserve fund. For purposes of\\nthis subdivision, in computing the maximum amount of principal maturing\\nin any year, the principal amount of any term bonds which are to be\\namortized by sinking fund payments shall not be included in the\\ncomputation.\\n 4. In addition to the funds permitted to be established pursuant to\\nsubdivision two hereof, the fund may create and establish with the\\ncomptroller or with a trustee one or more additional funds or accounts\\nand, subject to agreements with bondholders and noteholders, may pay\\ninto such funds or accounts (i) fees and charges collected by the fund,\\n(ii) monies which shall be transferred from a debt service or reserve\\nfund pursuant to the provisions of paragraph (a) of subdivision one of\\nthis section, and (iii) any other monies which may be made available to\\nthe fund from any other source or sources. The monies held in or\\ncredited to any such fund may, in the discretion of the fund but subject\\nto agreements with bondholders and noteholders, be used by the fund (a)\\nfor the repayment of advances from the city of New York, (b) to\\nreimburse the board of education of the city of New York the reasonable\\ncosts of services performed by the board for the fund pursuant to\\nsection four hundred fifty-five of this article, (c) to pay all costs,\\nexpenses and charges of financing, including fees and expenses of\\ntrustees and paying agents, (d) for transfers to a debt service or a\\ndebt service reserve fund, (e) for the payment of principal, interest\\nand sinking fund payments for any bonds or notes issued by the fund when\\nthe same shall become due, whether at maturity or on call for\\nredemption, and for the payment of any redemption premium required to be\\npaid where such bonds or notes are redeemed prior to their stated\\nmaturities, and to purchase bonds or notes issued by the fund, (f) for\\nsuch other corporate purposes as the fund in its discretion shall\\ndetermine and provide, or (g) for payment to the board of education for\\nschool purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "463", "title" : "Agreement with the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "463", "activeDate" : "2014-09-22", "sequenceNo" : 325, "repealedDate" : null, "fromSection" : "463", "toSection" : "463", "text" : " § 463. Agreement with the state. The state does hereby pledge to and\\nagree with the holders of any notes or bonds issued under this article,\\nthat the state will not limit or alter the rights hereby vested in the\\nfund to fulfill the terms of any agreements made with the holders\\nthereof, or in any way impair the rights and remedies of such holders\\nuntil such notes or bonds, together with the interest thereon, with\\ninterest on any unpaid installments of interest, and all costs and\\nexpenses in connection with any action or proceeding by or on behalf of\\nsuch holders, are fully met and discharged. The fund is authorized to\\ninclude this pledge and agreement of the state in any agreement with the\\nholders of such notes or bonds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "464", "title" : "State and city's right to require redemption of bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464", "activeDate" : "2014-09-22", "sequenceNo" : 326, "repealedDate" : null, "fromSection" : "464", "toSection" : "464", "text" : " § 464. State and city's right to require redemption of bonds.\\nNotwithstanding and in addition to any provisions for the redemption of\\nbonds which may be contained in any contract with the holders of the\\nbonds, either the state or the city of New York may, upon furnishing\\nsufficient funds therefor, require the fund to redeem, prior to\\nmaturity, as a whole, any issue of bonds on any interest payment date\\nnot less than twenty years after the date of the bonds of such issue at\\none hundred five per centum of their face value and accrued interest or\\nat such lower redemption price as may be provided in the bonds in case\\nof the redemption thereof as a whole on the redemption date. Notice of\\nsuch redemption shall be published in at least two newspapers published\\nand circulating in the city of New York at least twice, the first\\npublication to be at least thirty days before the date of redemption.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "465", "title" : "Remedies of noteholders and bondholders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465", "activeDate" : "2014-09-22", "sequenceNo" : 327, "repealedDate" : null, "fromSection" : "465", "toSection" : "465", "text" : " § 465. Remedies of noteholders and bondholders. 1. In the event that\\nthe fund shall default in the payment of principal of or interest on any\\nissue of notes or bonds after the same shall become due, whether at\\nmaturity or upon call for redemption, and such default shall continue\\nfor a period of thirty days, or in the event that the fund shall fail or\\nrefuse to comply with the provisions of this article, or shall default\\nin any agreement made with the holders of any issue of notes or bonds,\\nthe holders of twenty-five per centum in aggregate principal amount of\\nthe notes or bonds of such issue then outstanding, by instrument or\\ninstruments filed in the office of the city clerk of the city of New\\nYork and approved or acknowledged in the same manner as a deed to be\\nrecorded, may appoint a trustee to represent the holders of such notes\\nor bonds for the purposes herein provided.\\n 2. Such trustee may, and upon written request of the holders of\\ntwenty-five per centum in principal amount of such notes or bonds then\\noutstanding shall, in his or its own name:\\n (a) by suit, action or proceeding in accordance with the civil\\npractice law and rules, enforce all rights of the noteholders or\\nbondholders and require the fund to carry out agreements with such\\nnoteholders or bondholders and to perform its duties under this article;\\n (b) bring suit upon such notes or bonds;\\n (c) by action or suit, require the fund to account as if it were the\\ntrustee of an express trust for the holders of such notes or bonds;\\n (d) by action or suit, enjoin any acts or things which may be unlawful\\nor in violation of the rights of the holders of such notes or bonds;\\n (e) declare all such notes or bonds due and payable, and if all\\ndefaults shall be made good, then, with the consent of the holders of\\ntwenty-five per centum of the principal amount of such notes or bonds\\nthen outstanding, annul such declaration and its consequences.\\n 3. Such trustee shall in addition to the foregoing have and possess\\nall of the powers necessary or appropriate for the exercise of any\\nfunctions specifically set forth herein or incident to the general\\nrepresentation of bondholders or noteholders in the enforcement and\\nprotection of their rights.\\n 4. The supreme court shall have jurisdiction of any suit, action or\\nproceeding by the trustee on behalf of such noteholders or bondholders.\\nThe venue of any such suit, action or proceeding shall be laid in the\\ncounty of New York.\\n 5. Before declaring the principal of notes or bonds due and payable,\\nthe trustee shall first give thirty days' notice in writing to the mayor\\nof the city of New York, to the fund, to the board of education of the\\ncity of New York and to the attorney general of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "466", "title" : "Notes and bonds as legal investments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "466", "activeDate" : "2014-09-22", "sequenceNo" : 328, "repealedDate" : null, "fromSection" : "466", "toSection" : "466", "text" : " § 466. Notes and bonds as legal investments. The notes and bonds of\\nthe fund are hereby made securities in which all public officers and\\nbodies of this state and all municipalities and municipal subdivisions,\\nall insurance companies and associations, and other persons carrying on\\nan insurance business, all banks, bankers, trust companies, savings\\nbanks and savings associations, including savings and loan associations,\\nbuilding and loan associations, investment companies and other persons\\ncarrying on a banking business, all administrators, guardians,\\nexecutors, trustees and other fiduciaries, and all other persons\\nwhatsoever who are now or may hereafter be authorized to invest in bonds\\nor other obligations of the state, may properly and legally invest\\nfunds, including capital, in their control or belonging to them.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "467", "title" : "Actions by and against fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "467", "activeDate" : "2014-09-22", "sequenceNo" : 329, "repealedDate" : null, "fromSection" : "467", "toSection" : "467", "text" : " § 467. Actions by and against fund. 1. The state supreme court shall\\nhave exclusive jurisdiction of any action, suit or special proceeding\\nbrought by or against or involving the fund. The venue of any action,\\nsuit or special proceeding brought against the fund shall be laid in the\\ncity and county of New York.\\n 2. In every action against the fund for damages, for injuries to real\\nor personal property, or for the destruction thereof, or for personal\\ninjuries or death, the complaint shall contain an allegation that at\\nleast thirty days have elapsed since the demand, claim or claims upon\\nwhich such action is founded were presented to a trustee or officer of\\nthe fund and that the fund has neglected or refused to make an\\nadjustment or payment thereof for thirty days after such presentment.\\n 3. Except in an action for wrongful death, an action against the fund\\nfor damages for injuries to real or personal property, or for the\\ndestruction thereof, or for personal injuries, alleged to have been\\nsustained, shall not be commenced more than one year and ninety days\\nafter the cause of action therefor shall have accrued, nor unless a\\nnotice of claim shall have been served on the fund within the time limit\\nestablished by, and in compliance with all requirements of section\\nfifty-e of the general municipal law. An action against the fund for\\nwrongful death shall be commenced in accordance with the notice of claim\\nand time limitation provisions of title eleven of article nine of the\\npublic authorities law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "468", "title" : "Exemptions from taxation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "468", "activeDate" : "2014-09-22", "sequenceNo" : 330, "repealedDate" : null, "fromSection" : "468", "toSection" : "468", "text" : " § 468. Exemptions from taxation. 1. It is hereby declared that the\\ncreation of the fund and the carrying out of its corporate purposes is\\nin all respects for the benefit of the people of the city and state of\\nNew York and for the improvement of their health, safety, welfare and\\nsecurity and is a public purpose and the fund shall be regarded as\\nperforming a governmental function in the exercise of the powers\\nconferred upon it by this article.\\n 2. The monies and properties of the fund, including all properties\\nconstructed, acquired, reconstructed, rehabilitated or improved by it or\\non its behalf and all properties under its jurisdiction, control or\\nsupervision, and all of its operations and activities shall be exempt\\nfrom taxation.\\n 3. The notes and bonds of the fund issued pursuant to this article,\\nand the income therefrom, and all fees, charges, rents, gifts, grants,\\nrevenues, receipts and other monies received or to be received by the\\nfund shall at all times be free from taxation, except for estate and\\ngift taxes and taxes on transfers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "469", "title" : "Annual report of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "469", "activeDate" : "2014-09-22", "sequenceNo" : 331, "repealedDate" : null, "fromSection" : "469", "toSection" : "469", "text" : " § 469. Annual report of trustees. The trustees of the fund shall\\nsubmit to the mayor, the board of education and the city council of the\\ncity of New York annually on or before February first, a full report of\\nits activities and operations through the thirtieth day of the preceding\\nJune, including: (1) details as to projects in planning, projects in\\nthe process of construction, acquisition, reconstruction, rehabilitation\\nor improvement, and projects completed; (2) the performance record of\\nthe trustees in completing construction in accordance with the desired\\ncompletion dates and within the estimated costs; (3) the architects,\\nengineers and other private consultants engaged by the trustees of the\\nfund on a contract basis and a statement of the total amount paid and\\nyet to be paid, or estimated yet to be paid, under each such contract;\\n(4) the moneys made available for the purposes of the fund; (5) details\\nas to any lease, sublease or agreement executed by the trustees of the\\nfund and the annual rentals to be paid or received on account thereof;\\n(6) its assets and liabilities at the end of the fiscal year, including\\nthe status of reserve funds and other funds and accounts; (7) a schedule\\nof its bonds and notes outstanding at the end of its fiscal year,\\ntogether with the amounts redeemed and incurred during such fiscal year,\\nand such other information related to the activities and operation of\\nthe fund as the trustees may consider pertinent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "470", "title" : "Article not affected if in part unconstitutional or ineffective", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "470", "activeDate" : "2014-09-22", "sequenceNo" : 332, "repealedDate" : null, "fromSection" : "470", "toSection" : "470", "text" : " § 470. Article not affected if in part unconstitutional or\\nineffective. If any section, subdivision, paragraph, sentence, clause\\nor provision of this article shall be unconstitutional or be ineffective\\nin whole or in part, to the extent that it is not unconstitutional or\\nineffective, it shall be valid or effective and no other section,\\nsubdivision, paragraph, sentence, clause or provision shall on account\\nthereof be deemed invalid or ineffective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "471", "title" : "Inconsistent provisions of other laws superseded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "471", "activeDate" : "2014-09-22", "sequenceNo" : 333, "repealedDate" : null, "fromSection" : "471", "toSection" : "471", "text" : " § 471. Inconsistent provisions of other laws superseded. Insofar as\\nthe provisions of this article are inconsistent with the provisions of\\nany other general, special or local law, or with the provisions of any\\ncharter or ordinance, the provisions of this article shall be\\ncontrolling. The provisions of this article shall not be deemed to\\nprevent the city of New York from financing the cost of acquiring,\\nconstructing, reconstructing, rehabilitating or improving one or more\\nschool buildings by the issuance of bonds or capital notes pursuant to\\nthe local finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 22 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A10-B", "title" : "City of Yonkers Educational Construction Fund", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-B", "activeDate" : "2014-09-22", "sequenceNo" : 334, "repealedDate" : null, "fromSection" : "475", "toSection" : "495", "text" : " ARTICLE 10-B\\n CITY OF YONKERS EDUCATIONAL CONSTRUCTION FUND\\nSection 475. Short title.\\n 476. Definitions.\\n 477. City of Yonkers educational construction fund.\\n 478. General powers and duties of fund.\\n 479. Relationship with the board of education of the city of\\n Yonkers.\\n 480. Special provisions relating to acquisition and transfer of\\n real property.\\n 481. Plans and specifications.\\n 482. Letting of construction contracts.\\n 483. Resources of the fund.\\n 484. Lease and other agreements.\\n 485. Notes and bonds of the fund.\\n 486. Reserve funds, appropriations and other funds and accounts.\\n 487. Agreement with the state.\\n 488. State and city's right to require redemption of bonds.\\n 489. Remedies of noteholders and bondholders.\\n 490. Notes and bonds as legal investments.\\n 491. Actions by and against fund.\\n 492. Exemptions from taxation.\\n 493. Annual report of trustees.\\n 494. Article not affected if in part unconstitutional or\\n ineffective.\\n 495. Inconsistent provisions of other laws superseded.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "475", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "475", "activeDate" : "2014-09-22", "sequenceNo" : 335, "repealedDate" : null, "fromSection" : "475", "toSection" : "475", "text" : " § 475. Short title. This article may be cited as the \"City of Yonkers\\nEducational Construction Fund Act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "476", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "476", "activeDate" : "2014-09-22", "sequenceNo" : 336, "repealedDate" : null, "fromSection" : "476", "toSection" : "476", "text" : " § 476. Definitions. As used or referred to in this article, unless a\\ndifferent meaning clearly appears from the context:\\n 1. \"Board\" or \"board of education\" shall mean the board of education\\nof the city of Yonkers.\\n 2. \"Bonds\" and \"notes\" shall mean bonds and notes respectively, issued\\nby the fund pursuant to this article.\\n 3. \"City\" shall mean the city of Yonkers.\\n 4. \"City agency\" shall mean any officer, administration, department,\\nboard, commission, bureau, division, agency or instrumentality of the\\ncity of Yonkers.\\n 5. \"Combined occupancy structure\" shall mean any improvement on real\\nproperty or any interests therein or thereto, including fee interests,\\neasements, space rights or air rights, containing school accommodations\\nor other facilities of the board of education of the city of Yonkers in\\ncombination with other compatible and lawful non-school uses designed\\nand intended to increase, from both a planning and an economic\\nviewpoint, the efficient utilization of available land areas. A combined\\noccupancy structure shall also include a structure in a project or\\ndevelopment under the auspices of the fund wherein non-school portions\\nof structures placed upon the overall site are not built in space rights\\nover the school portion, so long as some part of the non-school portion\\nis constructed over the school.\\n 6. \"Commissioner of education\" shall mean the commissioner of\\neducation of the state of New York.\\n 7. \"Corporation counsel\" shall mean the corporation counsel of the\\ncity of Yonkers.\\n 8. \"Developer\" shall mean and include any private individual,\\npartnership, trust or private or public corporation approved by the\\nboard of education as being qualified and eligible to enter into one or\\nmore leases, subleases or other agreements with the fund providing for\\nthe construction, acquisition, reconstruction, rehabilitation or\\nimprovement of one or more combined occupancy structures; which\\nagreements shall be subject to approval by the board of education.\\n 9. \"Commissioner of finance\" shall mean the commissioner of finance of\\nthe city of Yonkers.\\n 10. \"Fund\" shall mean the corporate governmental agency created by\\nsection four hundred seventy-seven of this article.\\n 11. \"Governor\" shall mean the governor of the state of New York.\\n 12. \"Letting agency\" shall mean and include the board of education or\\nany other city agency which by agreement with the fund is to award the\\ncontracts for a particular construction, reconstruction, rehabilitation\\nor improvement; or the fund itself, if it is to award such contracts.\\n 13. \"Mayor\" shall mean the mayor of the city of Yonkers.\\n 14. \"Owner\" shall mean and include any private individual,\\npartnership, trust or private or public corporation, taking possession\\nof the non-school portion of a combined occupancy structure pursuant to\\na lease, sub-lease, conveyance or other agreement, or acquiring fee\\ntitle to or a leasehold or other interest in such non-school portion.\\n 15. \"Planning commission\" shall mean the planning commission of the\\ncity of Yonkers.\\n 16. \"Real property\" shall mean lands, waters, rights in lands or\\nwaters, structures, franchises and interests in land, including air or\\nspace rights, and any and all other things and rights usually included\\nwithin the same term and includes also any and all interests in such\\nproperty less than full title, such as easements permanent or temporary,\\nrights-of-way, uses, leases, licenses and all other incorporeal\\nhereditaments in every estate, interest or right, legal or equitable.\\n 17. \"School building\" shall mean a separate structure entirely devoted\\nto use and occupancy for public school purposes; including incidental\\nand appurtenant recreational and other facilities.\\n 18. \"School portion\" or \"school portion of combined occupancy\\nstructure\" shall mean that portion of a combined occupancy structure\\ndesigned, constructed, reconstructed, rehabilitated or improved for use\\nand occupancy for public school purposes; including incidental and\\nappurtenant recreational and other facilities.\\n 19. \"State\" shall mean the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "477", "title" : "City of Yonkers educational construction fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "477", "activeDate" : "2014-09-22", "sequenceNo" : 337, "repealedDate" : null, "fromSection" : "477", "toSection" : "477", "text" : " § 477. City of Yonkers educational construction fund. 1. There is\\nhereby created the \"city of Yonkers educational construction fund.\" The\\nfund shall be a corporate governmental agency constituting a public\\nbenefit corporation. It shall be administered by a board of trustees\\nconsisting of the chairman of the board of education of the city of\\nYonkers, four members of such board appointed by the president thereof\\nand four members appointed by the mayor of the city of Yonkers. The\\nchairman of the board of education shall be the chairman of the fund.\\nThe chairman and the trustees who are members of the board of education\\nshall serve during their terms of office as chairman and members,\\nrespectively, of the board of education. The members first appointed by\\nthe mayor shall serve for terms ending two, three, four and five years,\\nrespectively, from the date of their appointment. Their successors shall\\nserve for terms of five years each.\\n 2. The trustees of the fund shall serve without salary, but each\\ntrustee shall be entitled to reimbursement for his actual and necessary\\nexpenses incurred in the performance of his official duties.\\n 3. The trustees of the fund may engage in private employment, or in a\\nprofession or business, subject to the limitations contained in article\\neighteen of the general municipal law. The fund shall, for the purposes\\nof such article, be a \"municipal agency\", and the trustees thereof shall\\nbe \"officers\" of the agency.\\n 4. Notwithstanding any inconsistent provisions of law, general,\\nspecial or local, no officer or employee of the state, or of any civil\\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\\noffice or employment by reason of his acceptance of appointment as a\\ntrustee, officer or agent of the fund; provided, however, that a\\ntrustee, officer or agent who holds such other public office or\\nemployment shall receive no additional compensation, fee or allowance\\nfor services rendered pursuant to this article, but shall be entitled to\\nreimbursement for his actual and necessary expenses incurred in the\\nperformance of such services.\\n 5. Any trustee may be removed by the commissioner of education for\\ncause shown after having been given notice of the charge and an\\nopportunity of defense, in the manner provided in this chapter for the\\nremoval of members of boards of education of city school districts.\\n 6. The chairman of the fund shall preside over all meetings of the\\ntrustees and shall have such other duties as the trustees may direct. A\\nvice-chairman who shall preside over all meetings of the fund in the\\nabsence of the chairman and who shall have such other duties as the\\ntrustees may direct may be designated from time to time by the trustees\\nfrom among the other trustees.\\n 7. The powers of the fund shall be vested in and exercised by no less\\nthan six of the trustees then in office. The fund may delegate to one or\\nmore of its trustees, or officers, agents or employees, such powers and\\nduties as the trustees may deem proper, provided, however, that all\\ncontracts involving an estimated expense of ten thousand dollars or more\\nand all leases, subleases or other agreements to be entered into\\npursuant to this article shall be approved prior to execution by no less\\nthan five trustees of the fund.\\n 8. The fund may appoint such officers, employees and agents as it may\\ndeem advisable and may prescribe their duties and fix their\\ncompensation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "478", "title" : "General powers and duties of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "478", "activeDate" : "2014-09-22", "sequenceNo" : 338, "repealedDate" : null, "fromSection" : "478", "toSection" : "478", "text" : " § 478. General powers and duties of fund. The fund shall have the\\nfollowing powers in addition to those specifically conferred elsewhere\\nin this article:\\n 1. To sue and be sued;\\n 2. To have a seal and alter the same at pleasure;\\n 3. To make and alter by-laws for its organization and internal\\nmanagement;\\n 4. With the approval of the commissioner of finance of the city of\\nYonkers to prescribe a system of accounts;\\n 5. To make rules and regulations governing the exercise of its\\ncorporate powers and the fulfillment of its corporate purposes under\\nthis article, which rules and regulations shall be filed with the\\nsecretary of state in the manner provided by section one hundred two of\\nthe executive law;\\n 6. With the approval of the board of education, to purchase, receive,\\nlease or otherwise acquire real and personal property necessary or\\nconvenient for its corporate purposes;\\n 7. Subject to the terms and conditions of any lease, sublease or other\\nagreement with the board of education, to possess, hold, use and improve\\nreal and personal property acquired by or on behalf of the fund so long\\nas its corporate existence shall continue;\\n 8. Upon a two-thirds vote of the trustees of the fund, and subject to\\nthe approval of the board of education, to design, construct, acquire,\\nreconstruct, rehabilitate and improve combined occupancy structures and\\nincidental or appurtenant facilities thereto, or cause such structures\\nand facilities to be designed, constructed, acquired, reconstructed,\\nrehabilitated and improved in accordance with the provisions of this\\narticle;\\n 9. In connection with such design, construction, acquisition,\\nreconstruction, rehabilitation and improvement, to install or cause to\\nbe installed water, sewer, gas, electrical, telephone, heating, air\\nconditioning and other utility services, including appropriate\\nconnections;\\n 10. Subject to the terms and conditions of any lease, sublease or\\nother agreement with the board of education, to maintain, repair and\\nkeep up the real property held by it and all combined occupancy\\nstructures and facilities constructed, acquired, reconstructed,\\nrehabilitated or improved pursuant to this article;\\n 11. Subject to the terms and conditions of any lease, sublease or\\nother agreement with third parties and to the determination of the board\\nof education that such real property is unnecessary for the present or\\nforeseeable future school building needs of the city of Yonkers, to\\nsurrender to the appropriate city official, for other public use or for\\nsale, lease or other disposition in accordance with law, real property\\nheld by the fund for its corporate purposes;\\n 12. Subject to the approval of the corporation counsel as to form, to\\nmake and execute contracts, leases, subleases, and all other instruments\\nor agreements necessary or convenient for the exercise of its corporate\\npowers and the fulfillment of its corporate purposes under this article;\\nthe term of any such lease or sublease or renewal thereof shall not be\\nlimited by any provision of any general, special or local law or charter\\napplicable to the city of Yonkers or to the board of education of the\\ncity of Yonkers;\\n 13. To procure insurance against any loss in connection with its\\nproperty and other assets in such amounts and from such insurers as it\\ndeems desirable;\\n 14. With the consent of the board of education to use the agents,\\nemployees and facilities of the board;\\n 15. To engage the services of construction, engineering,\\narchitectural, legal and financial consultants, surveyors and\\nappraisers, on a contract basis or as employees, for professional\\nservice and technical assistance and advice;\\n 16. To assist generally, the public works department of the city of\\nYonkers in making land surveys, topographical surveys and valuation\\nappraisals of real property sought to be acquired by the board of\\neducation of the city of Yonkers;\\n 17. To borrow money and issue negotiable notes, bonds or other\\nobligations and to provide for the rights of the holders thereof;\\n 18. To invest any funds held in reserves or sinking funds, or any\\nfunds not required for immediate use or disbursement, at the discretion\\nof the fund, in obligations of the city, the state or the United States\\ngovernment or obligations the principal and interest of which are\\nguaranteed by the city, the state or the United States government;\\n 19. To accept any gifts or grants or loans of funds and property or\\nfinancial or other aid in any form from the federal government or any\\nagency or instrumentality thereof or from the state or from any other\\nsource and to comply, subject to the provisions of this article, with\\nthe terms and conditions thereof;\\n 20. At the request or with the approval of the board of education, to\\ngrant, sell, lease or otherwise transfer without public auction or\\nbidding any real property or any rights or interests therein or thereto,\\nincluding fee interests, easements, space rights or air rights, held by\\nit and occupied or reserved for school purposes and needed therefor, to\\na private individual or private or public corporation solely and\\nexclusively for the purpose of developing and constructing therein or\\nthereon a combined occupancy structure, or a part or portion thereof,\\nwithin the meaning of this article subject to a prior and enforceable\\nagreement approved by the board of education for the reconveyance,\\nretransfer or lease back of the school portion thereof, upon completion,\\nfor use and occupancy by the said board of education; provided, however,\\nthat no such sale, lease or transfer of lands or rights therein or\\nthereto is authorized where the development of a combined occupancy\\nstructure contemplates the erection of nonschool facilities or\\nimprovements over an existing school or playground unless such combined\\noccupancy structure to be constructed over such playground shall provide\\nplayground area at least equal in size to the then existing playground\\narea;\\n 21. At the request or with the approval of the board of education, to\\ncontract with the owner or other developer of a combined occupancy\\nstructure for the purchase or lease of the school portion thereof upon\\ncompletion for use and occupancy by the board of education of the city\\nof Yonkers;\\n 22. To grant, sell, lease, sublease or otherwise convey the school\\nportion of combined occupancy structures to the city of Yonkers for use\\nand occupancy by the board of education of the city of Yonkers; and\\n 23. To do any and all things necessary or convenient to carry out its\\ncorporate purposes and exercise the powers given and granted to it in\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "479", "title" : "Relationship with the board of education of the city of Yonkers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "479", "activeDate" : "2014-09-22", "sequenceNo" : 339, "repealedDate" : null, "fromSection" : "479", "toSection" : "479", "text" : " § 479. Relationship with the board of education of the city of\\nYonkers. In order most effectively to carry out its corporate\\npurposes, the fund shall cooperate with the commissioner of finance and\\nthe board of education of the city of Yonkers in matters relating to\\nland acquisition and capital planning for school buildings and\\nfacilities. During the course of construction, reconstruction,\\nrehabilitation and improvement of combined occupancy structures the fund\\nshall consult with personnel of such board as the work progresses in\\nmatters relating to space requirements, site plans, architectural\\nconcept, and substantial changes in the plans and specifications there-\\nfor, and in matters relating to the original furnishings, equipment,\\nmachinery and apparatus needed to furnish and equip the school portion\\nof such buildings and structures, upon the completion of work. The\\nboard, on its part, shall perform such functions and services for the\\nfund as may be requested and the fund shall pay to the board, from any\\nmonies of the fund available for such purpose, the reasonable cost of\\nsuch functions and services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "480", "title" : "Special provisions relating to acquisition and transfer of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "480", "activeDate" : "2014-09-22", "sequenceNo" : 340, "repealedDate" : null, "fromSection" : "480", "toSection" : "480", "text" : " § 480. Special provisions relating to acquisition and transfer of real\\nproperty. Notwithstanding any contrary provisions of any general,\\nspecial or local law, charter or ordinance: 1. Provided that the\\ntrustees of the fund shall have formally approved by a two-thirds vote\\nthe acquisition of such real property for the development of one or more\\ncombined occupancy structures, any public corporation or officer\\nresponsible for the acquisition of real property for school purposes in\\nthe city of Yonkers is hereby authorized for and on behalf and in the\\nname of the city of Yonkers, to execute and deliver to the fund, on such\\nterms and for such consideration, if any, as may be determined by such\\npublic corporation or officer and the fund, but not to exceed the cost\\nof acquisition thereof and the cost of improvements thereon, a lease for\\na term not exceeding ninety-nine years, or a quitclaim deed conveying to\\nthe fund all right, title and interest of such public corporation and of\\nthe city of Yonkers in and to any of the lands acquired by such public\\ncorporation or officer for school purposes, and in and to any of the\\nimprovements thereon, for the purpose of constructing, reconstructing,\\nrehabilitating or improving thereon one or more combined occupancy\\nstructures pursuant to this article for subsequent lease or sublease of\\nthe school portion of such combined occupancy structures to such public\\ncorporation or officer, in accordance with the terms of an agreement\\nentered into among them pursuant to this article. The fund is hereby\\nauthorized to accept such lease or conveyance; to lease, sublease or\\notherwise transfer or convey, such lands and improvements and all or any\\npart of the buildings or structures constructed, reconstructed,\\nrehabilitated or improved thereon, to third parties and to such public\\ncorporation or officer in accordance with the provisions of this\\narticle, and to hold the same subject to the terms of any such lease,\\nconveyance, sublease or other agreement; and such public corporation or\\nofficer is hereby authorized to lease or sublease from the fund any such\\nlands or improvements or the school portion of any combined occupancy\\nstructure, constructed, reconstructed, rehabilitated or improved thereon\\npursuant to this article or other provisions of law, and to hold such\\nlands, improvements, buildings and school portions of combined occupancy\\nstructures subject to the terms of any such lease, sublease or other\\nagreement.\\n 2. In the event that the fund shall fail, within five years from the\\ndate of a lease or conveyance authorized pursuant to subdivision one of\\nthis section, to construct, reconstruct, rehabilitate or improve the\\nbuildings or structures thereon for which the conveyance was made, as\\nprovided for in a lease, sublease or other agreement entered into with\\nsuch public corporation or officer, or in the event that such buildings\\nor structures shall cease to be used for the purposes intended, then and\\nin either event but subject to the terms of any lease, sublease or other\\nagreement undertaken by the fund, such lands, and the improvements and\\nbuildings or structures thereon, shall revert to the city of Yonkers\\nwith right of re-entry thereupon, and such lease or deed shall be made\\nsubject to such conditions; provided, however, that as a condition\\nprecedent to the exercise of such right of re-entry the city of Yonkers,\\nor such public corporation or officer, shall pay to the fund an amount\\nequal to the purchase price of such lands and improvements, the\\ndepreciated cost of any buildings or structures constructed,\\nreconstructed, rehabilitated or improved thereon, and all other costs of\\nthe fund incident to the acquisition of such lands and the financing of\\nconstruction, reconstruction, rehabilitation or improvement relating to\\nsuch buildings or structures, all as provided in the aforesaid lease,\\nsublease or other agreement entered into with such public corporation or\\nofficer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "481", "title" : "Plans and specifications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481", "activeDate" : "2014-09-22", "sequenceNo" : 341, "repealedDate" : null, "fromSection" : "481", "toSection" : "481", "text" : " § 481. Plans and specifications. 1. (a) No combined occupancy\\nstructure shall be acquired, leased, erected, repaired, enlarged or\\nremodeled by the fund until the detailed plans and specifications and\\ncost estimates for the school portion thereof have been submitted to the\\nboard of education and its approval has been endorsed thereon.\\n (b) The board of education shall also review and approve the\\narchitectural concept, including an outline of the plans and\\nspecifications therefor, of the non-school portion of any combined\\noccupancy structure to be erected, repaired, enlarged or remodeled in\\naccordance with the provisions of any lease or other agreement between\\nthe fund and any developer.\\n 2. Notwithstanding any other provision of law applicable to the city\\nschool district of the city of Yonkers or the board of education of the\\ncity of Yonkers, such district and such board shall only be required to\\nsubmit an outline of the plans and specifications for a combined\\noccupancy structure, and for the school portion thereof, to the\\ncommissioner of education for his information.\\n 3. Every contract, lease or other agreement executed by or on behalf\\nof the fund which makes provision for the construction, acquisition,\\nreconstruction, rehabilitation or improvement of the school portion of\\nany combined occupancy structure shall include a provision that the\\narchitect who designed the facility, or an architect or engineer\\nretained specifically for the purpose of supervision, shall supervise\\nthe work to be performed through to completion and shall see to it that\\nthe materials furnished are in accordance with the drawings, plans,\\nspecifications and contractual provisions therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "482", "title" : "Letting of construction contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "482", "activeDate" : "2014-09-22", "sequenceNo" : 342, "repealedDate" : null, "fromSection" : "482", "toSection" : "482", "text" : " § 482. Letting of construction contracts. 1. Any contract let by the\\nfund or by any letting agency on behalf of the fund for the\\nconstruction, reconstruction, rehabilitation or improvement of a\\ncombined occupancy structure or of the school portion thereof, shall be\\nin conformity with the provisions of section one hundred one of the\\ngeneral municipal law.\\n 2. Except as otherwise provided in section two hundred twenty-two of\\nthe labor law, every contract, lease or other agreement entered into by\\nor on behalf of the fund for the acquisition, lease, construction,\\nreconstruction, rehabilitation or improvement of any combined occupancy\\nstructure shall contain a provision that, when the entire cost of any\\nsuch contemplated construction, reconstruction, rehabilitation or\\nimprovement shall exceed three million dollars in the counties of the\\nBronx, Kings, New York, Queens, and Richmond; one million five hundred\\nthousand dollars in the counties of Nassau, Suffolk and Westchester; and\\nfive hundred thousand dollars in all other counties within the state,\\nseparate specifications shall be prepared for the following three\\nsubdivisions of the work to be performed:\\n a. Plumbing and gas fitting;\\n b. Steam heating, hot water heating, ventilating and air conditioning\\napparatus; and\\n c. Electric wiring and standard illuminating fixtures.\\n Such specifications shall be drawn so as to permit the letting of\\nseparate and independent contracts for each of the above three\\nsubdivisions of work. Except as otherwise provided by the public housing\\nlaw, the provisions of which shall apply when the developer is the\\nYonkers city housing authority, every developer or general contractor\\nundertaking the construction, reconstruction, rehabilitation or\\nimprovement of any such combined occupancy structure pursuant to or in\\nfurtherance of the provisions of this article shall let separate\\ncontracts to the lowest responsible bidder for the three subdivisions of\\nthe above specified work to persons, firms or corporations approved by\\nthe chairman of the fund as being qualified, responsible and reliable\\nbidders engaged in these classes of work. All such qualified bidders\\nengaged in the above specified work shall be entitled to bid and to\\nreceive, upon request, a copy of the plans and specifications. All such\\nbids shall be submitted to the fund and shall be opened publicly at a\\nstated time and place.\\n 2-a. Each bidder on a public work contract, where the preparation of\\nseparate specifications is not required, shall submit with its bid a\\nseparate sealed list that names each subcontractor that the bidder will\\nuse to perform work on the contract, and the agreed-upon amount to be\\npaid to each, for: a. plumbing and gas fitting, b. steam heating, hot\\nwater heating, ventilating and air conditioning apparatus and c.\\nelectric wiring and standard illuminating fixtures. After the low bid is\\nannounced, the sealed list of subcontractors submitted with such low bid\\nshall be opened and the names of such subcontractors shall be announced,\\nand thereafter any change of subcontractor or agreed-upon amount to be\\npaid to each shall require the approval of the public owner, upon a\\nshowing presented to the public owner of legitimate construction need\\nfor such change, which shall be open to public inspection. Legitimate\\nconstruction need shall include, but not be limited to, a change in\\nproject specifications, a change in construction material costs, a\\nchange to subcontractor status as determined pursuant to paragraph (e)\\nof subdivision two of section two hundred twenty-two of the labor law,\\nor the subcontractor has become otherwise unwilling, unable or\\nunavailable to perform the subcontract. The sealed lists of\\nsubcontractors submitted by all other bidders shall be returned to them\\nunopened after the contract award.\\n 3. a. In addition to other bond or bonds, if any, required by law for\\nthe completion of the school portion of a combined occupancy structure,\\nor in the absence of any such requirement, the fund shall nevertheless\\nrequire, prior to the approval of any lease or other agreement providing\\nfor the construction, reconstruction, rehabilitation or improvement of\\nany combined occupancy structure, that the developer, if other than the\\nYonkers city housing authority, or general contractor, furnish a bond\\nguaranteeing prompt payment of moneys due to all persons furnishing\\nlabor or materials to or for the person furnishing said bond or to his\\nor her subcontractors in the prosecution of the entire work provided for\\nin such lease or other agreement. Whenever the developer is the Yonkers\\ncity housing authority, it shall require each of its contractors to\\nfurnish such bond to said authority and fund with respect to the work to\\nbe performed and materials supplied by such contractor, and no separate\\nor other payment bond shall be required to be furnished to the fund.\\n b. A copy of such payment bond shall be kept in the office of the\\nchairman of the fund and a copy shall also be kept in the office of the\\nboard of education; such copies shall be open to public inspection.\\n c. Every person who has furnished labor or material, to or for the\\ndeveloper or general contractor or contractor furnishing such payment\\nbond or to his or her subcontractors in the prosecution of the work\\nprovided for in the lease or other agreement for which the bond is\\nfurnished and who has not been paid in full therefor before the\\nexpiration of a period of ninety days after the day on which the last of\\nthe labor was performed or material was furnished by him or her for\\nwhich the claim is made, shall have the right to sue on such payment\\nbond in his or her own name for the amount, or the balance thereof,\\nunpaid at the time of commencement of the action; provided, however,\\nthat a person having a direct contractual relationship with a\\nsubcontractor of the developer or contractor furnishing the payment bond\\nbut no contractual relationship express or implied with such developer\\nor contractor shall not have a right of action upon the bond unless he\\nor she shall have given written notice to such developer or contractor\\nfurnishing the bond within ninety days from the date on which the last\\nof the labor was performed or the last of the material was furnished,\\nfor which his or her claim is made, stating with substantial accuracy\\nthe amount claimed and the name of the party to whom the material was\\nfurnished or for whom the labor was performed. The notice shall be\\nserved by delivering the same personally to the developer or contractor\\nfurnishing said bond or by mailing the same by registered mail, postage\\nprepaid, in an envelope addressed to such developer or contractor at any\\nplace where he or she maintains an office or conducts his or her\\nbusiness or at his or her residence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "483", "title" : "Resources of the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "483", "activeDate" : "2014-09-22", "sequenceNo" : 343, "repealedDate" : null, "fromSection" : "483", "toSection" : "483", "text" : " § 483. Resources of the fund. 1. The fund may receive, accept,\\ninvest, administer, expend and disburse for its corporate purposes\\nappropriations or advances from the city of Yonkers, and other revenues\\nand moneys made available or to be made available to the fund from any\\nor all sources, including gifts, grants, loans and payments from the\\nfederal government, any state agency, any private foundation,\\norganization or individual, or any other source, for the construction,\\nacquisition, reconstruction, rehabilitation and improvement of combined\\noccupancy structures, for the maintenance and repair of such structures,\\nor for the costs of personal service and maintenance and operation of\\nthe fund.\\n 2. All moneys of the fund, except as otherwise authorized or provided\\nin this article, shall be paid to the comptroller of the city of Yonkers\\nas agent of the fund, who shall not commingle such moneys with any other\\nmoneys. Such moneys shall be deposited in two or more separate bank\\naccounts. The moneys in any account shall be paid out of checks signed\\nby the commissioner of finance on requisition of the chairman of the\\nfund or of such other officer or employee or officers or employees as\\nthe fund shall authorize to make such requisition. All deposits of such\\nmoney shall, if required by the comptroller or the trustees of the fund,\\nbe secured by obligations of the United States or of the city or the\\nstate of a market value equal at all times to the amount of the deposit\\nand all banks and trust companies are authorized to give such security\\nfor such deposits.\\n 3. Subject to the terms of any lease, sublease or other agreement\\nundertaken by the fund, any such moneys of the fund not required for\\nimmediate use may, at the discretion of the fund, be invested by the\\ncommissioner of finance in obligations of the United States, the state\\nor the city or in obligations the principal and interest of which are\\nguaranteed by the United States, the state or the city.\\n 4. The chairman of the fund shall annually, on or before January\\nfirst, prepare and submit to the mayor of the city of Yonkers, on behalf\\nof the trustees of the fund, an itemized budget for the administration\\nof the fund during the city's next succeeding fiscal year and\\ninformation as to the payment or provision for payment of obligations of\\nthe fund expected to be required during such year.\\n 5. The commissioner of finance, or his legally authorized\\nrepresentative, is hereby authorized and empowered from time to time to\\nexamine the books and accounts of the fund including its receipts,\\ndisbursements, contracts, reserves, investments, and any other matters\\nrelating to its financial standing. Such an examination shall be\\nconducted by the commissioner of finance at least once in every five\\nyears; the commissioner of finance is authorized, however, to accept\\nfrom the fund, in lieu of such an examination, an external examination\\nof its books and accounts made at the request of the trustees of the\\nfund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "484", "title" : "Lease and other agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "484", "activeDate" : "2014-09-22", "sequenceNo" : 344, "repealedDate" : null, "fromSection" : "484", "toSection" : "484", "text" : " § 484. Lease and other agreements. 1. Any agreement entered into\\nbetween the fund and the owner or developer of a proposed combined\\noccupancy structure pursuant to section four hundred seventy-eight of\\nthis chapter shall provide for (i) the construction, acquisition,\\nreconstruction, rehabilitation or improvement of one or more combined\\noccupancy structures, and the purchase or acquisition of the original\\nfurnishings, equipment, machinery and apparatus to be used in the school\\nportion of a combined occupancy structure upon completion of the work,\\n(ii) the reconveyance, retransfer or leasing of all or any portion\\nthereof and of the real property or interest therein related thereto,\\nincluding real property originally acquired by the board of education in\\nthe name of the city of Yonkers, upon the completion of construction,\\nacquisition, reconstruction, rehabilitation or improvement upon such\\nterms and conditions as may be agreed upon, (iii) the leasing or\\nsubleasing of such combined occupancy structures and property, or\\nseparately of the school and non-school portions thereof, by the fund\\nupon completion for a term not exceeding ninety-nine years and upon such\\nterms and conditions including annual rental as may be agreed upon, and\\n(iv) the conveyance to the board of education in the name of the city of\\nYonkers of title to the school portion of any such combined occupancy\\nstructure at the expiration of the term of the lease, or any renewal or\\nextension thereof, or upon earlier payment in full of the total amount\\nspecified therein, without additional charge therefor. The board of\\neducation shall approve any such agreement and shall be a party thereto.\\n 2. a. Any lease, sublease or other agreement entered into between the\\nfund and the owner or developer of a proposed combined occupancy\\nstructure shall provide for payment to the fund of the fair market value\\nof such easements, space rights, air rights or other fee or leasehold\\ninterests as are to be held or retained by such owner or developer or\\nhis successor in interest under the terms of such agreement.\\n b. Whenever the easements, space rights, air rights or other fee or\\nleasehold interests held or retained by such owner or developer, if\\nother than the Yonkers city housing authority, and/or the non-school\\nimprovements constructed or erected therein or thereon, shall be exempt\\nfrom real property taxes pursuant to the provisions of section four\\nhundred ninety-two of this article, such lease, sublease or other\\nagreement shall also provide for the payment to the fund of annual or\\nother periodic amounts equal to the amount of real property taxes that\\nwould otherwise have been paid or payable with respect to such\\neasements, space rights, air rights or other fee or leasehold interests,\\nand with respect to the non-school improvements constructed or erected\\ntherein or thereon, over the term of such lease, sublease or other\\nagreement.\\n c. (1) Notwithstanding the provisions of section fifty-two of the\\npublic housing law, whenever the Yonkers city housing authority is such\\nowner or developer, such lease, sublease or other agreement shall also\\nprovide for the payment by such authority to the fund or the city of\\nsuch amount, for any year or years, as payment in lieu of real property\\ntaxes on the non-school portion constituting a project, as defined by\\nthe public housing law, as may be agreed upon among the fund, the city\\nand the authority, and as may be approved by the commissioner of the\\nstate division of housing and community renewal if such project is a\\nstate project as defined in the public housing law, and by the federal\\ngovernment if such project is a federal project as defined in the public\\nhousing law.\\n (2) For any of the purposes of the public housing law, including,\\nspecifically, section seventy-three thereof, and notwithstanding any\\nother provision in the public housing law for establishing the amount of\\ntaxes paid or payable with respect to a project for such year and the\\nresulting amount of tax exemption, in computing the amount of tax\\nexemption granted to such non-school portion constituting a project, as\\ndefined by the public housing law, the amount of such payment in lieu of\\ntaxes paid or payable with respect thereto for any year shall be deemed\\nto be the amount of taxes paid or payable for such year.\\n 3. Any lease, sublease or other agreement entered into between the\\nfund and city of Yonkers or the board of education pursuant to section\\nfour hundred fifty-four of this chapter shall provide for (i) the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof one or more combined occupancy structures and (ii) the leasing or\\nsubleasing of the school portion of such structures to the city or the\\nboard at an annual cost or rental not in excess of the average annual\\ncost or rental of comparable new public school facilities in the city of\\nYonkers and for a term not exceeding ninety-nine years, and upon such\\nother terms and conditions as may be agreed upon.\\n 4. Every lease, sublease or other agreement executed pursuant to this\\narticle shall be subject to the approval of the commissioner of finance\\nwith respect to all rentals or other payments to be made thereunder by\\nthe city of Yonkers, the board of education or by the owner or developer\\nof a combined occupancy structure and shall contain a clause that any\\nagreement of the city of Yonkers thereunder shall be deemed executory to\\nthe extent of the moneys available to the city therefor and no liability\\non account thereof shall be incurred by the city beyond the moneys\\navailable for the purpose thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "485", "title" : "Notes and bonds of the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "485", "activeDate" : "2014-09-22", "sequenceNo" : 345, "repealedDate" : null, "fromSection" : "485", "toSection" : "485", "text" : " § 485. Notes and bonds of the fund. 1. (a) Subject to the provisions\\nof section four hundred eighty-six of this chapter, the fund shall have\\nthe power and is hereby authorized from time to time to issue its\\nnegotiable bonds and notes in such principal amount as, in the opinion\\nof the fund, shall be necessary, after taking into account other monies\\nwhich may be available for the purpose, to provide sufficient funds for\\nachieving its corporate purposes, including the construction,\\nacquisition, reconstruction, rehabilitation or improvement of the school\\nportion of combined occupancy structures pursuant to this article, the\\npayment of interest on bonds and notes of the fund, establishment of\\nreserves to secure such bonds and notes, and all other expenditures of\\nthe fund incident to and necessary or convenient to carry out its\\ncorporate purposes and powers;\\n (b) The fund shall have power, from time to time, to issue renewal\\nnotes, to issue bonds to pay notes and, whenever it deem refunding\\nexpedient, to refund any bonds by the issuance of new bonds, whether the\\nbonds to be refunded have or have not matured, and to issue bonds partly\\nto refund bonds then outstanding and partly for any other purpose. The\\nrefunding bonds shall be sold and the proceeds applied to the purchase,\\nredemption or payment of the bonds to be refunded;\\n (c) Except as may otherwise be expressly provided by the fund, every\\nissue of its notes or bonds shall be general obligations of the fund\\npayable out of any revenues or monies of the fund, subject only to any\\nagreements with the holders of particular notes or bonds pledging any\\nparticular receipts or revenues;\\n (d) Whether or not the notes or bonds are of such form and character\\nas to be negotiable instruments under the provisions of article eight of\\nthe uniform commercial code, the notes or bonds shall be and hereby are\\nmade negotiable instruments within the meaning of and for all the\\npurposes of the uniform commercial code, subject only to the provisions\\nof the notes or bonds for registration.\\n 2. The notes and bonds of the fund shall be authorized by resolution\\nof the trustees, shall bear such date or dates, and shall mature at such\\ntime or times, in the case of any such note, or any renewals thereof,\\nnot exceeding five years, from the date of issue of such original note,\\nand in the case of any such bond not exceeding forty years from the date\\nof issue, as such resolution or resolutions may provide. The notes and\\nbonds shall bear interest at such rate or rates, be in such\\ndenominations, be in such form, either coupon or registered, carry such\\nregistration privileges, be executed in such manner, be payable in such\\nmedium of payment, at such place or places and be subject to such terms\\nof redemption as such resolution or resolutions may provide. The notes\\nand bonds of the fund may be sold by the fund, at public or private\\nsale, at such price or prices as the fund shall determine. No notes or\\nbonds of the fund may be sold by the fund at private sale, however,\\nunless such sale and the terms thereof have been approved in writing by\\nthe city comptroller.\\n 3. Any resolution or resolutions authorizing any notes or bonds or any\\nissue thereof may contain provisions, which shall be a part of the\\ncontract with the holders thereof, as to:\\n (a) pledging all or any part of the fees and charges made or received\\nby the fund, and all or any part of (i) the rentals or other payments to\\nbe received by the fund with respect to the school portion of combined\\noccupancy structures financed with the proceeds of such bonds and notes,\\nand (ii) the rentals or other payments to be received by the fund with\\nrespect to the non-school portion of combined occupancy structures and\\n(iii) any other monies, assets or accounts received or to be received by\\nthe fund or pledged or assigned to the fund to secure the payment of\\nsuch notes or bonds or of any issue thereof, subject to such agreements\\nwith bondholders or noteholders as may then exist;\\n (b) pledging all or any part of the assets of the fund to secure the\\npayment of such notes or bonds or of any issue of notes or bonds,\\nsubject to such agreements with noteholders or bondholders as may then\\nexist;\\n (c) the use and disposition of the gross income of the fund in\\nconnection with combined occupancy structures financed or constructed,\\nacquired, reconstructed, rehabilitated or improved by it or on its\\nbehalf;\\n (d) the setting aside of reserves or sinking funds and the regu-\\nlation and disposition thereof;\\n (e) limitations on the purpose to which the proceeds of sale of notes\\nor bonds may be applied and pledging such proceeds to secure the payment\\nof the notes or bonds or of any issue thereof;\\n (f) limitations on the issuance of additional notes or bonds; the\\nterms upon which additional notes or bonds may be issued and secured;\\nthe refunding of outstanding or other notes or bonds;\\n (g) the procedure, if any, by which the terms of any contract with\\nnoteholders or bondholders may be amended or abrogated, the amount of\\nnotes or bonds the holders of which must consent thereto, and the manner\\nin which such consent may be given;\\n (h) limitations on the amount of monies to be expended by the fund for\\noperating, administrative or other expenses of the fund;\\n (i) vesting in a trustee or trustees such property, rights, powers and\\nduties in trust as the fund may determine, which may include any or all\\nof the rights, powers and duties of the trustee appointed by the\\nbondholders pursuant to this article, and limiting or abrogating the\\nright of the bondholders to appoint a trustee under this article or\\nlimiting the rights, powers and duties of such trustee;\\n (j) any other matters, of like or different character, which in any\\nway affect the security or protection of the notes or bonds.\\n 4. It is the intention hereof that any pledge made by the fund shall\\nbe valid and binding from the time when the pledge is made; that the\\nmonies or property so pledged and thereafter received by the fund shall\\nimmediately be subject to the lien of such pledge without any physical\\ndelivery thereof or further act; and that the lien of any such pledge\\nshall be valid and binding as against all parties having claims of any\\nkind in tort, contract or otherwise against the fund, irrespective of\\nwhether such parties have notice thereof. Neither the resolution nor any\\nother instrument by which a pledge is created need be recorded.\\n 5. Neither the trustees of the fund nor any person executing the notes\\nor bonds shall be liable personally on the notes or bonds or be subject\\nto any personal liability or accountability by reason of the issuance\\nthereof.\\n 6. The fund, subject to such agreements with noteholders or\\nbondholders as may then exist, shall have power out of any funds\\navailable therefor to purchase notes or bonds of the fund, which shall\\nthereupon be cancelled, at a price not exceeding (a) if the notes or\\nbonds are then redeemable, the redemption price then applicable plus\\naccrued interest to the next interest payment date thereon, or (b) if\\nthe notes or bonds are not then redeemable, the redemption price\\napplicable on the first date after such purchase upon which the notes or\\nbonds become subject to redemption plus accrued interest to such date.\\n 7. Neither the state nor the city of Yonkers shall be liable on the\\nnotes or bonds of the fund and such notes and bonds shall not be a debt\\nof the city or the state, and such notes and bonds shall contain on the\\nface thereof a statement to such effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "486", "title" : "Reserve funds, appropriations and other funds and accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-05-03" ], "docLevelId" : "486", "activeDate" : "2014-09-22", "sequenceNo" : 346, "repealedDate" : null, "fromSection" : "486", "toSection" : "486", "text" : " § 486. Reserve funds, appropriations and other funds and accounts. 1.\\n(a) The fund shall create and establish a special fund (herein referred\\nto as capital reserve fund), and shall pay into such capital reserve\\nfund (1)any monies appropriated and made available by the state or the\\ncity of Yonkers for the purposes of such fund, (2) any proceeds of sale\\nof notes or bonds to the extent provided in the resolution of the fund\\nauthorizing the issuance thereof, and (3) any other monies which may be\\nmade available to the fund for the purpose of such capital reserve fund\\nfrom any other source or sources. All monies held in the capital reserve\\nfund, except as hereinafter provided, shall be used solely for the\\npayment of the principal of bonds of the fund as the same mature, the\\npurchase of bonds of the fund, the payment of interest on such bonds of\\nthe fund or the payment of any redemption premium required to be paid\\nwhen such bonds are redeemed prior to maturity; provided, however, that\\nmoneys in such capital reserve fund shall not be withdrawn therefrom at\\nany time in such amount as would reduce the amount of such fund to less\\nthan the maximum amount of principal and interest maturing and becoming\\ndue in any succeeding fiscal year on all bonds of the fund then\\noutstanding, except for the purpose of paying principal of and interest\\non such bonds of the fund maturing and becoming due and for the payment\\nof which other monies of the fund are not available. Any income or\\ninterest earned by, or increment to, the capital reserve fund due to the\\ninvestment thereof may be transferred to other funds or accounts to the\\nextent it does not reduce the amount of the capital reserve fund below\\nthe maximum amount of principal and interest maturing and becoming due\\nin any succeeding calendar year on all bonds of the fund then\\noutstanding.\\n (b) The fund shall not issue bonds at any time if the maximum amount\\nof principal and interest maturing and becoming due in a succeeding\\nfiscal year on such bonds then to be issued and on all other bonds of\\nthe fund then outstanding will exceed the amount of the capital reserve\\nfund at the time of issuance unless the fund, at the time of issuance of\\nsuch bonds, shall deposit in the capital reserve fund from the proceeds\\nof the bonds so to be issued, or otherwise, an amount which, together\\nwith the amount then in such fund, will be not less than the maximum\\namount of principal and interest maturing and becoming due in any\\nsucceeding fiscal year on such bonds then to be issued and on all other\\nbonds of the fund then outstanding.\\n (c) To assure the continued operation and solvency of the fund for the\\ncarrying out of the public purposes of this article, provision is made\\nin paragraph (a) of this subdivision for the accumulation in the capital\\nreserve fund of an amount equal to the maximum amount of principal and\\ninterest maturing and becoming due in any succeeding fiscal year on all\\nbonds of the fund then outstanding. In order further to assure such\\nmaintenance of the capital reserve fund, the board of education shall\\nannually request from the city of Yonkers and pay over to the fund, for\\ndeposit in the capital reserve fund, such sum, if any, as shall be\\ncertified by the chairman of the fund to the board, the mayor and the\\ndirector of the budget of the city of Yonkers as necessary to restore\\nthe capital reserve fund to an amount equal to the maximum amount of\\nprincipal and interest maturing and becoming due in the next succeeding\\nfiscal year on the bonds of the fund then outstanding; provided,\\nhowever, that such sum shall have been first appropriated by the city to\\nthe board or shall otherwise have been made lawfully available to the\\nboard for such purpose. The chairman of the fund shall annually, not\\nlater than the fifteenth day of February in each year, make and deliver\\nto the board and the mayor his certificate stating the amount, if any,\\nrequired to restore the capital reserve fund to the amount aforesaid and\\nthe amount so stated, if any, shall be paid to the fund by the board\\nduring the then current fiscal year of the fund. In the event of the\\nfailure or inability of the board to pay over the stated amount to the\\nfund on or before August first of the same year, the chairman of the\\nfund shall forthwith make and deliver to the mayor a further certificate\\nrestating the amount so required and such amount shall be paid over to\\nthe fund by the commissioner of finance out of the next payment of state\\naid apportioned to the city of Yonkers on behalf of the city school\\ndistrict of the city of Yonkers for the support of common schools. Any\\namount so paid over to the fund shall be deducted from the corresponding\\napportionment of state aid otherwise credited to the board of education\\nfor its purposes and shall not obligate the state to make or entitle the\\ncity or the board of education to receive any additional or increased\\napportionment or payment of state aid for school purposes.\\n (d) In computing the amount of the capital reserve fund for the\\npurposes of this section, securities in which all or a portion of such\\nfund shall be invested shall be valued at par, or if purchased at less\\nthan par, at their cost to the fund.\\n 2. The fund may create and establish with the commissioner of finance\\nor with a trustee one or more additional funds or accounts and, subject\\nto agreements with bondholders and noteholders, may pay into such funds\\nor accounts (i) fees and charges collected by the fund, (ii) monies\\nwhich shall be transferred from the capital reserve fund pursuant to the\\nprovisions of paragraph (a) of subdivision one of this section, and\\n(iii) any other monies which may be made available to the fund from any\\nother source or sources. The monies held in or credited to any such\\nreserve fund or account may, in the discretion of the fund but subject\\nto agreements with bondholders and noteholders, be used by the fund (a)\\nfor the repayment of advances from the city of Yonkers, (b) to reimburse\\nthe board of education of the city of Yonkers the reasonable costs of\\nservices performed by the board for the fund pursuant to section four\\nhundred seventy-nine of this article, (c) to pay all costs, expenses and\\ncharges of financing, including fees and expenses of trustees and paying\\nagents, (d) for transfers to the capital reserve fund, (e) for the\\npayment of principal of and interest on bonds or notes issued by the\\nfund when the same shall become due, whether at maturity or on call for\\nredemption, and for the payment of any redemption premium required to be\\npaid where such bonds or notes are redeemed prior to their stated\\nmaturities, and to purchase bonds or notes issued by the fund, (f) for\\nsuch other corporate purposes as the fund in its discretion shall\\ndetermine and provide, or (g) for payment to the board of education for\\nschool purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "487", "title" : "Agreement with the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "487", "activeDate" : "2014-09-22", "sequenceNo" : 347, "repealedDate" : null, "fromSection" : "487", "toSection" : "487", "text" : " § 487. Agreement with the state. The state does hereby pledge to and\\nagree with the holders of any notes or bonds issued under this article,\\nthat the state will not limit or alter the rights hereby vested in the\\nfund to fulfill the terms of any agreements made with the holders\\nthereof, or in any way impair the rights and remedies of such holders\\nuntil such notes or bonds, together with the interest thereon, with\\ninterest on any unpaid installments of interest, and all costs and\\nexpenses in connection with any action or proceeding by or on behalf of\\nsuch holders, are fully met and discharged. The fund is authorized to\\ninclude this pledge and agreement of the state in any agreement with the\\nholders of such notes or bonds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "488", "title" : "State and city's right to require redemption of bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "488", "activeDate" : "2014-09-22", "sequenceNo" : 348, "repealedDate" : null, "fromSection" : "488", "toSection" : "488", "text" : " § 488. State and city's right to require redemption of bonds.\\nNotwithstanding and in addition to any provisions for the redemption of\\nbonds which may be contained in any contract with the holders of the\\nbonds, either the state or the city of Yonkers may, upon furnishing\\nsufficient funds therefor, require the fund to redeem, prior to\\nmaturity, as a whole, any issue of bonds on any interest payment date\\nnot less than twenty years after the date of the bonds of such issue at\\none hundred five per centum of their face value and accrued interest or\\nat such lower redemption price as may be provided in the bonds in case\\nof the redemption thereof as a whole on the redemption date. Notice of\\nsuch redemption shall be published in at least two newspapers published\\nand circulating in the city of Yonkers at least twice, the first\\npublication to be at least thirty days before the date of redemption.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "489", "title" : "Remedies of noteholders and bondholders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "489", "activeDate" : "2014-09-22", "sequenceNo" : 349, "repealedDate" : null, "fromSection" : "489", "toSection" : "489", "text" : " § 489. Remedies of noteholders and bondholders. 1. In the event that\\nthe fund shall default in the payment of principal of or interest on any\\nissue of notes or bonds after the same shall become due, whether at\\nmaturity or upon call for redemption, and such default shall continue\\nfor a period of thirty days, or in the event that the fund shall fail or\\nrefuse to comply with the provisions of this article, or shall default\\nin any agreement made with the holders of any issue of notes or bonds,\\nthe holders of twenty-five per centum in aggregate principal amount of\\nthe notes or bonds of such issue then outstanding, by instrument or\\ninstruments filed in the office of the city clerk of the city of Yonkers\\nand approved or acknowledged in the same manner as a deed to be\\nrecorded, may appoint a trustee to represent the holders of such notes\\nor bonds for the purposes herein provided.\\n 2. Such trustee may, and upon written request of the holders of\\ntwenty-five per centum in principal amount of such notes or bonds then\\noutstanding shall, in his or its own name:\\n (a) by suit, action or proceeding in accordance with the civil\\npractice law and rules, enforce all rights of the noteholders or\\nbondholders and require the fund to carry out agreements with such\\nnoteholders or bondholders and to perform its duties under this article;\\n (b) bring suit upon such notes or bonds;\\n (c) by action or suit, require the fund to account as if it were the\\ntrustee of an express trust for the holders of such notes or bonds;\\n (d) by action or suit, enjoin any acts or things which may be unlawful\\nor in violation of the rights of the holders of such notes or bonds;\\n (e) declare all such notes or bonds due and payable, and if all\\ndefaults shall be made good, then, with the consent of the holders of\\ntwenty-five per centum of the principal amount of such notes or bonds\\nthen outstanding, annul such declaration and its consequences.\\n 3. Such trustees shall in addition to the foregoing have and possess\\nall of the powers necessary or appropriate for the exercise of any\\nfunctions specifically set forth herein or incident to the general\\nrepresentation of bondholders or noteholders in the enforcement and\\nprotection of their rights.\\n 4. The supreme court shall have jurisdiction of any suit, action or\\nproceeding by the trustee on behalf of such noteholders or bondholders.\\nThe venue of any such suit, action or proceeding shall be laid in the\\ncounty of Westchester.\\n 5. Before declaring the principal of notes or bonds due and payable,\\nthe trustee shall first give thirty days' notice in writing to the mayor\\nof the city of Yonkers, to the fund, to the board of education of the\\ncity of Yonkers and to the attorney general of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "490", "title" : "Notes and bonds as legal investments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "490", "activeDate" : "2014-09-22", "sequenceNo" : 350, "repealedDate" : null, "fromSection" : "490", "toSection" : "490", "text" : " § 490. Notes and bonds as legal investments. The notes and bonds of\\nthe fund are hereby made securities in which all public officers and\\nbodies of this state and all municipalities and municipal subdivisions,\\nall insurance companies and associations, and other persons carrying on\\nan insurance business, all banks, bankers, trust companies, savings\\nbanks and savings associations, including savings and loan associations,\\nbuilding and loan associations, investment companies and other persons\\ncarrying on a banking business, all administrators, guardians,\\nexecutors, trustees and other fiduciaries, and all other persons\\nwhatsoever who are now or may hereafter be authorized to invest in bonds\\nor other obligations of the state, may properly and legally invest\\nfunds, including capital, in their control or belonging to them.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "491", "title" : "Actions by and against fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "491", "activeDate" : "2014-09-22", "sequenceNo" : 351, "repealedDate" : null, "fromSection" : "491", "toSection" : "491", "text" : " § 491. Actions by and against fund. 1. The state supreme court shall\\nhave exclusive jurisdiction of any action, suit or special proceeding\\nbrought by or against or involving the fund. The venue of any action,\\nsuit or special proceeding brought against the funds shall be laid in\\nthe city of Yonkers and county of Westchester.\\n 2. In every action against the fund for damages, for injuries to real\\nor personal property, or for the destruction thereof, or for personal\\ninjuries or death, the complaint shall contain an allegation that at\\nleast thirty days have elapsed since the demand, claim or claims upon\\nwhich such action is founded were presented to a trustee or officer of\\nthe fund and that the fund has neglected or refused to make an\\nadjustment or payment thereof for thirty days after such presentment.\\n 3. Except in an action for wrongful death, an action against the fund\\nfor damages for injuries to real or personal property, or for the\\ndestruction thereof, or for personal injuries, alleged to have been\\nsustained, shall not be commenced more than one year and ninety days\\nafter the cause of action therefor shall have accrued, nor unless a\\nnotice of claim shall have been served on the fund within the time limit\\nestablished by, and in compliance with all requirements of section\\nfifty-e of the general municipal law. An action against the fund for\\nwrongful death shall be commenced in accordance with the notice of claim\\nand time limitation provisions of title eleven of article nine of the\\npublic authorities law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "492", "title" : "Exemptions from taxation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "492", "activeDate" : "2014-09-22", "sequenceNo" : 352, "repealedDate" : null, "fromSection" : "492", "toSection" : "492", "text" : " § 492. Exemptions from taxation. 1. It is hereby declared that the\\ncreation of the fund and the carrying out of its corporate purposes is\\nin all respects for the benefit of the people of the city of Yonkers and\\nstate of New York and for the improvement of their health, safety,\\nwelfare and security and is a public purpose and the fund shall be\\nregarded as performing a governmental function in the exercise of the\\npowers conferred upon it by this article.\\n 2. The monies and properties of the fund, including all properties\\nconstructed, acquired, reconstructed, rehabilitated or improved by it or\\non its behalf and all properties under its jurisdiction, control or\\nsupervision, and all of its operations and activities shall be exempt\\nfrom taxation.\\n 3. The notes and bonds of the fund issued pursuant to this article,\\nand the income therefrom, and all fees, charges, rents, gifts, grants,\\nrevenues, receipts and other monies received or to be received by the\\nfund shall at all times be free from taxation, except for estate and\\ngift taxes and taxes on transfers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "493", "title" : "Annual report of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "493", "activeDate" : "2014-09-22", "sequenceNo" : 353, "repealedDate" : null, "fromSection" : "493", "toSection" : "493", "text" : " § 493. Annual report of trustees. The trustees of the fund shall\\nsubmit to the mayor, the board of education and the city council of the\\ncity of Yonkers annually on or before February first, a full report of\\nits activities and operations through the thirtieth day of the preceding\\nSeptember, including: (1) details as to projects in planning, projects\\nin the process of construction, acquisition, reconstruction,\\nrehabilitation or improvement, and projects completed; (2) the\\nperformance record of the trustees in completing construction in\\naccordance with the desired completion dates and within the estimated\\ncosts; (3) the architects, engineers and other private consultants\\nengaged by the trustees of the fund on a contract basis and a statement\\nof the total amount paid and yet to be paid, or estimated yet to be\\npaid, under each such contract; (4) the monies made available for the\\npurposes of the fund; (5) details as to any lease, sublease or agreement\\nexecuted by the trustees of the fund and the annual rentals to be paid\\nor received on account thereof; (6) its assets and liabilities at the\\nend of the fiscal year, including the status of reserve funds and other\\nfunds and accounts; (7) a schedule of its bonds and notes outstanding at\\nthe end of its fiscal year, together with the amounts redeemed and\\nincurred during such fiscal year, and such other information related to\\nthe activities and operation of the fund as the trustees may consider\\npertinent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "494", "title" : "Article not affected if in part unconstitutional or ineffective", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "494", "activeDate" : "2014-09-22", "sequenceNo" : 354, "repealedDate" : null, "fromSection" : "494", "toSection" : "494", "text" : " § 494. Article not affected if in part unconstitutional or\\nineffective. If any section, subdivision, paragraph, sentence, clause\\nor provision of this article shall be unconstitutional or be ineffective\\nin whole or in part, to the extent that it is not unconstitutional or\\nineffective, it shall be valid or effective and no other section,\\nsubdivision, paragraph, sentence, clause or provision shall on account\\nthereof be deemed invalid or ineffective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "495", "title" : "Inconsistent provisions of other laws superseded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "495", "activeDate" : "2014-09-22", "sequenceNo" : 355, "repealedDate" : null, "fromSection" : "495", "toSection" : "495", "text" : " § 495. Inconsistent provisions of other laws superseded. Insofar as\\nthe provisions of this article are inconsistent with the provisions of\\nany other general, special or local law, or with the provisions of any\\ncharter or ordinance, the provisions of this article shall be\\ncontrolling. The provisions of this article shall not be deemed to\\nprevent the city of Yonkers from financing the cost of acquiring,\\nconstructing, reconstructing, rehabilitating or improving one or more\\nschool buildings by the issuance of bonds or capital notes pursuant to\\nthe local finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A10-C", "title" : "Winter Sports Education Trust Fund", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-C", "activeDate" : "2014-09-22", "sequenceNo" : 356, "repealedDate" : null, "fromSection" : "495-A", "toSection" : "495-A", "text" : " ARTICLE 10-C\\n WINTER SPORTS EDUCATION TRUST FUND\\nSection 495-a. Winter sports education trust fund; appointment of board\\n of trustees to administer fund.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "495-A", "title" : "Winter sports education trust fund; appointment of board of trustees to administer fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "495-A", "activeDate" : "2014-09-22", "sequenceNo" : 357, "repealedDate" : null, "fromSection" : "495-A", "toSection" : "495-A", "text" : " § 495-a. Winter sports education trust fund; appointment of board of\\ntrustees to administer fund. 1. There is hereby created in the custody\\nof the comptroller the winter sports education trust fund.\\n 2. Such fund shall consist of the state lottery revenues paid into the\\nsame by the division of the lottery pursuant to the provisions of\\nsubdivision five of section ninety-two-c of the state finance law and\\nall increments to principal derived from investment gain, interest\\naccumulation, and other sources of income.\\n 3. The comptroller shall invest and keep invested all moneys belonging\\nto the fund in the manner authorized by section ninety-eight of the\\nstate finance law.\\n 4. a. Commencing on or before August fifteenth, nineteen hundred\\neighty-one and on or before the fifteenth day of August of each\\nsucceeding year, the comptroller shall issue a certificate of earnings\\nand accumulated income upon the principal of such trust fund as of the\\nend of the preceding state fiscal year. Such certificate shall also\\ninclude a statement of accumulated income for the prior fiscal years\\nremaining unexpended at the close of such year.\\n b. The principal and the amount of earnings and accumulated income\\nupon the principal of the trust fund for the prior fiscal year, as\\nreported by the comptroller on August fifteenth annually, shall be\\navailable for appropriation to the New York state olympic regional\\ndevelopment authority. Any funds so appropriated shall be used for the\\npurpose of supporting athletic and recreational education within the\\nolympic region as defined in subdivision three of section two thousand\\nsix hundred seven of the public authorities law and for retiring\\noutstanding loan obligations of the olympic regional development\\nauthority in the state fiscal year nineteen hundred\\nninety-six--ninety-seven. All expenditures from the fund for the\\nhereinabove purposes shall be made on the audit and warrant of the\\ncomptroller upon vouchers approved by the chairman of the fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A10-D", "title" : "Regional College Cooperative Services Board", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-D", "activeDate" : "2014-09-22", "sequenceNo" : 358, "repealedDate" : null, "fromSection" : "496", "toSection" : "500", "text" : " ARTICLE 10-D\\n REGIONAL COLLEGE COOPERATIVE SERVICES BOARD\\nSection 496. Legislative declaration.\\n 497. Establishment of regional college cooperative services\\n board.\\n 498. Powers and duties.\\n 499. Additional members of a regional college cooperative\\n services board; withdrawal.\\n 500. Standards for regional college cooperative services board;\\n review of plans.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "496", "title" : "Legislative declaration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "496", "activeDate" : "2014-09-22", "sequenceNo" : 359, "repealedDate" : null, "fromSection" : "496", "toSection" : "496", "text" : " § 496. Legislative declaration. The legislature hereby finds and\\ndeclares that the scarcity of higher educational facilities within the\\nstate poses a serious threat to the future of the state's citizens.\\nRecognizing this scarcity and the threat posed thereby, it is the sense\\nof the members of the legislature that the higher educational needs of\\nour citizens can best be served by the enactment of legislation that\\nwill allow for the wider use of existing educational facilities within\\nthe state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "497", "title" : "Establishment of regional college cooperative services board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "497", "activeDate" : "2014-09-22", "sequenceNo" : 360, "repealedDate" : null, "fromSection" : "497", "toSection" : "497", "text" : " § 497. Establishment of regional college cooperative services board.\\n1. Upon the request of the governing board of at least two or more\\nnon-public institutions of higher education, the commissioner of\\neducation shall call a joint meeting of the members of such governing\\nboards for the purpose of determining whether a regional college\\ncooperative services board should be established within the geographic\\narea in which such institutions are located. In the event that a\\nregional college center with similar purposes is already in existence in\\nthe state, the commissioner of education shall extend to such center the\\nopportunity to become a regional college cooperative services board.\\n 2. If the commissioner determines that such board will strengthen and\\nbest develop the educational resources within the area to be served, he\\nshall call a meeting to elect a board of trustees of such board. Notice\\nof such meeting shall be mailed by the commissioner to each member of\\nthe governing board of each institution at his last known address at\\nleast five days prior to such meeting. At such meeting the governing\\nboard of each institution shall have one vote.\\n 3. Within one month after taking office, the trustees-elect shall\\napply to the regents for a charter as a regional college cooperative\\nservices board.\\n 4. Such board shall elect a president, a secretary and a treasurer.\\nBefore entering upon his duties, such treasurer shall execute and file\\nwith such board an official undertaking in such sum and with such\\nsureties as directed by the board and approved by the commissioner. The\\ntreasurer need not be a member of such board. The funds of such board\\nshall be deposited in a bank or banks designated by its board of\\ntrustees and shall be expended only under the direction of such board\\nupon properly authenticated vouchers.\\n 5. The term of office of the trustees of such board shall be five\\nyears except that the members of the first board of trustees shall\\ndetermine by lot the year in which the term of office of each trustee\\nshall expire so that as nearly as possible the terms of one-fifth of the\\nmembers of such board will expire annually. Thereafter the successors of\\nsuch trustees shall be elected annually at a joint meeting of the member\\ninstitutions. Such meeting shall be called by the secretary of the board\\nwho shall mail a notice of such meeting to each trustee of each of the\\nmember institutions of the board at his last known address, at least ten\\ndays prior to such joint meeting. At such joint meeting the board of\\ntrustees of each member institution of the board shall have one vote.\\nThe board of trustees of any such member institution may, by resolution,\\ndesignate one or more members of such board to attend such joint meeting\\nand cast the vote of such board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "498", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "498", "activeDate" : "2014-09-22", "sequenceNo" : 361, "repealedDate" : null, "fromSection" : "498", "toSection" : "498", "text" : " § 498. Powers and duties. 1. Each board shall, within sixty days\\nafter the receipt of its charter, formulate a plan to provide for joint\\nor cooperative programs, services and arrangements and shall include,\\nbut not be limited to, faculty or administrative staff, use of library,\\ntelevision, research and laboratory facilities and the granting of\\ncredit for courses of study leading to a degree.\\n 2. Such plan shall provide for the sharing of expenses incurred by\\neach participating member institution on such basis or division as may\\nbe jointly agreed upon.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "499", "title" : "Additional members of a regional college cooperative services board; withdrawal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "499", "activeDate" : "2014-09-22", "sequenceNo" : 362, "repealedDate" : null, "fromSection" : "499", "toSection" : "499", "text" : " § 499. Additional members of a regional college cooperative services\\nboard; withdrawal. 1. The governing board of any non-public institution\\nof higher education which is not a member institution in a regional\\ncollege cooperative services board may adopt a resolution requesting\\nthat such institution become such a member institution in an existing\\nboard. Duplicate copies of such resolution certified by the clerk of\\nsuch governing board shall be filed with the board of trustees of the\\nregional board. If such board approves such resolution such approval\\nshall be endorsed thereon and a copy thereof shall be filed with the\\ncommissioner. Upon application, the regents may amend the charter of\\nsuch regional board by including such proposed member institution in\\nsuch board and thereupon such member institution shall have the same\\nrights and duties and privileges as other member institutions therein.\\n 2. The refusal of the board of trustees of such regional board to\\napprove an application for membership in such board by any higher\\neducational institution shall be subject to review by the commissioner\\nupon application of such applying institution and, if so directed by the\\ncommissioner, such board of trustees shall approve such application and\\nrequest the regents to amend the charter of the regional board to\\ninclude such institution as a member institution thereof.\\n 3. A board of trustees of a member institution may file with the board\\nof trustees of a regional board and with the commissioner not less than\\nninety days before the first day of July in any year, a resolution\\nrequesting the withdrawal of such member institution from such board.\\nThereafter, upon application of such member institution or such board,\\nthe regents may amend the charter of such board so that such institution\\nshall cease to be a member thereof on such July first or such later date\\nas shall be fixed by the regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "500", "title" : "Standards for regional college cooperative services board; review of plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "500", "activeDate" : "2014-09-22", "sequenceNo" : 363, "repealedDate" : null, "fromSection" : "500", "toSection" : "500", "text" : " § 500. Standards for regional college cooperative services board;\\nreview of plans. The commissioner shall by regulation provide the\\nstandards for regional boards and the plans of such boards shall be\\nreviewed by the commissioner at least every three years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A11", "title" : "State Teachers' Retirement System For Public School Teachers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2026-03-06" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 364, "repealedDate" : null, "fromSection" : "501", "toSection" : "539", "text" : " ARTICLE 11\\n STATE TEACHERS' RETIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS\\nSection 501. Definitions.\\n 502. Retirement system.\\n 503. Membership of system.\\n 504. Retirement board; members; terms of office; vacancies.\\n 505. Election of the active teacher members of the board.\\n 505-a. Election of retired teacher member of board.\\n 506. Board meetings; oaths of office; quorum; expenses.\\n 507. Officers of board; custody of funds.\\n 508. Investment of funds; interest; accounts; reports.\\n 508-a. New York state teachers' retirement system MWBE asset\\n management and financial institution strategy.\\n 509. Statements of teachers' service; determination of service\\n creditable; service certificates.\\n 510. Superannuation retirement.\\n 511. Disability retirement.\\n 511-a. Special service retirement.\\n 512. Withdrawal and death benefits.\\n 512-a. Deferred retirement.\\n 512-b. Loans.\\n 513. Optional allowances.\\n 514. Benefits to participants in old retirement fund.\\n 515. Funds enumerated.\\n 516. Annuity savings fund; contributions and payments.\\n 517. Annuity reserve fund; pension accumulation fund.\\n 518. Pension reserve fund.\\n 518-a. Supplemental retirement allowance fund.\\n 519. Expense fund.\\n 520. Duties of employer.\\n 521. Collection of contributions.\\n 522. Transfer of contributions between retirement systems.\\n 523. State supervision.\\n 524. Exemption from taxation and execution.\\n 525. Protection against fraud.\\n 526. Merger of local teachers' retirement and pension systems\\n with the state system.\\n 527.\\n 528. Pensions-providing-for-increased-take-home-pay.\\n 529. Pensions providing for increased take home pay for\\n certain teachers.\\n 530. Pensions-providing-for-increased-take-home-pay-for-teachers.\\n 531. Abandonment of unclaimed contributions or other benefits;\\n transfer to the pension accumulation fund.\\n 532. Supplemental retirement allowance.\\n 532-a. Cost-of-living adjustment.\\n 533. Non-contributory retirement plan.\\n 535. Career retirement plan.\\n 536. Deductions from benefits of certain retired members.\\n 537. Lump sum payment of de minimis service retirement\\n benefit.\\n 538. Excess benefit plan.\\n 539. Certain actions by retiring members.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "501", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-03-06" ], "docLevelId" : "501", "activeDate" : "2014-09-22", "sequenceNo" : 365, "repealedDate" : null, "fromSection" : "501", "toSection" : "501", "text" : " § 501. Definitions. The following words and phrases used in this\\narticle shall have the following meanings unless a different meaning is\\nplainly required by the context: 1. \"Retirement system\" shall mean the\\nNew York state teachers' retirement system provided for in section five\\nhundred two of this article.\\n 2. \"Retirement board\" shall mean the retirement board provided by\\nsection five hundred four of this article.\\n 3. \"Employer\" shall mean the state of New York, the city, the village,\\nschool district board or trustee, or other agency of and within the\\nstate by which a teacher is paid.\\n 4. \"Teacher\" shall mean any regular teacher, special teacher,\\nincluding any school librarian or physical training teacher, principal,\\nvice-principal, supervisor, supervisory principal, director,\\nsuperintendent, city superintendent, assistant city superintendent,\\ndistrict superintendent and other member of the teaching or professional\\nstaff of any class, public school, vocational school, truant reformatory\\nschool or parental school, and of any or all classes of schools within\\nthe state of New York, including schools on the Indian reservation,\\nconducted under the order and superintendence of and wholly or partly at\\nthe expense of the New York state education department or of a duly\\nelected board of education, board of school directors or board of\\ntrustees of the state or of any city or school district thereof,\\nprovided that no person shall be deemed a teacher within the meaning of\\nthis article who is not so employed for full time outside vacation\\nperiods. The word, \"teacher,\" shall also include any person employed in\\nthe state education department who at the time he entered such\\nemployment, or within one year prior thereto, was a teacher within the\\nforegoing definition, or who was engaged in such department in the\\nperformance of duties pertaining to instructional services prior to\\nSeptember first, nineteen hundred eighty-six or who provides\\ninstructional services at the New York state school for the blind or the\\nNew York state school for the deaf, but shall not include a person who\\nis a teacher within the foregoing definition, and who elects to become a\\nmember of the New York state employees' retirement system pursuant to\\nparagraph five of subdivision c of section forty of the retirement and\\nsocial security law upon his entry, on or after April first, nineteen\\nhundred fifty, into his employment as such a teacher in a state-operated\\ninstitution or community college under the jurisdiction of the board of\\ntrustees of the state university, or who is a teacher within the\\nforegoing definition, and who elects to become a member of the New York\\ncity employees' retirement system, upon his entry, on or after April\\nfirst, nineteen hundred fifty-six, into his employment as such a teacher\\nin a community college operated by the city of New York, or who is a\\nteacher within the foregoing definition, and who elects the optional\\nretirement program established either by article eight-b or by article\\nthree, part V of this chapter. In all cases of doubt, the retirement\\nboard shall determine whether any person is a teacher as defined in this\\narticle.\\n 5. \"Present teacher\" shall mean any teacher who was a teacher on or\\nbefore the first day of August, nineteen hundred twenty-one, whose\\nmembership in the retirement system created by this article has been\\ncontinuous and\\n a. who became a member of the retirement system created by this act on\\nor before the first day of May, nineteen hundred twenty-four, provided\\nthat any such teacher becoming a member after the establishment of the\\nsystem pay to the system on entrance the amount he would have\\ncontributed had he become a member as of the date of establishment; or\\n b. who was a member of a local district pension system on or before\\nthe first day of August, nineteen hundred twenty-one, who continued\\nthereafter to be a member until he, with the membership of such local\\ndistrict pension system, became a member of the retirement system\\ncreated by this article.\\n 6. \"New entrant\" shall mean any teacher who is a member of the\\nretirement system except a present teacher.\\n 7. \"Contributor\" shall mean any member of the retirement system who\\nhas an account in the annuity savings fund as provided by this article.\\n 8. \"Beneficiary\" shall mean any person in receipt of a retirement\\nallowance or other benefit as provided by this article.\\n 9. \"Regular Interest\" a. For the purpose of crediting interest to\\nindividual accounts in the annuity savings fund, regular interest shall\\nmean interest at five per centum per annum, compounded annually.\\n b. For the purpose of the actuarial valuations specified in\\nsubdivision two of section five hundred seventeen of this article,\\nregular interest shall mean the valuation rate of interest recommended\\nby the system's actuary and approved by the retirement board from time\\nto time.\\n c. Notwithstanding any other provision of this article, the annuity\\nvalues, option factors and reserves to be used to determine the amount\\nof any benefit payable under the provisions of this article, except the\\nbenefit payable under paragraph three of subdivision b of section five\\nhundred twelve of this article, provided that the right to the initial\\npayment of the benefit accrues during the period that this subdivision\\nis in effect, shall be based upon an assumed interest rate of four per\\ncentum per annum compounded annually. In the case of any person retiring\\non or after January first, nineteen hundred eighty-six, the assumed\\ninterest rate shall be such rate as recommended by the system's actuary\\nand approved by the retirement board from time to time not to exceed\\nseven per centum per annum compounded annually, provided, however, that\\nthe authority to use a rate in excess of four per centum per annum\\ncompounded annually shall only become effective if the courts have\\nalready finally determined, as to all members, beneficiaries and\\nretirees of the retirement system, the proper application of the\\ndecision of the United States supreme court in the case of Arizona\\nGoverning Committee for Tax Deferred Annuities and Deferred Compensation\\nPlans v. Norris, 103 S.Ct. 3492 (1983). The exercise of this authority\\nwith respect to any class of annuitants, shall be an authority which is\\nvested exclusively in the retirement board and nothing herein shall be\\nconstrued as requiring a retroactive application of this authority at\\nthe time when such authority becomes available to the retirement board\\nas set forth above.\\n 10. \"Accumulated contributions\" shall mean the sum of all the amounts\\ndeducted from the compensation of a contributor, and credited to his\\nindividual account in the annuity savings fund together with regular\\ninterest thereon. The interest on any contributions made after July\\nfirst, nineteen hundred fifty-seven and prior to the date of receipt of\\nthem by the board shall be added to the accumulated contributions of the\\nmember in accordance with regulations of the retirement board.\\n 11. a. \"Final average salary\" shall mean the average annual\\ncompensation earnable as a teacher during the five years of service\\nimmediately preceding his date of retirement, or it shall mean the\\naverage annual compensation earnable as a teacher during any five\\nconsecutive years of state service, said five years to be selected by\\nthe applicant prior to date of retirement. In the case of a member with\\na membership date prior to the seventeenth day of June, nineteen hundred\\nseventy-one, a contribution by an employer on behalf of such member to a\\ndefined contribution plan qualified under subsection a of section four\\nhundred one of the Internal Revenue Code of nineteen hundred eighty-six,\\nas amended and maintained by such employer may be treated as\\ncompensation for the purposes of this paragraph, provided such\\ncontribution would otherwise have been treated as compensation, had it\\nbeen paid directly to the member at the time the contribution was made.\\n b. Notwithstanding anything to the contrary in this article,\\ncommencing July first, nineteen hundred sixty-nine, \"Final Average\\nSalary\" shall mean the average regular compensation earned as a teacher\\nduring the three years of actual service immediately preceding his date\\nof retirement, or any other three years of consecutive service upon\\napplication of the member, exclusive of any lump sum payments for sick\\nleave, annual leave or any other form of termination pay; provided,\\nhowever, if the compensation earned in any twelve months exceeds that of\\nthe previous twelve months by more than twenty percentum, the amount in\\nexcess of twenty percentum shall be excluded in the computation of final\\naverage salary. In the case of persons who last became members on or\\nafter July first, nineteen hundred seventy-three, the provisions of this\\nparagraph b shall apply only to those retiring from service prior to\\nJuly first, nineteen hundred seventy-four.\\n 12. \"Annuity\" shall mean the annual payments for life derived from\\ncontributions made by contributor as provided in this article. All\\nannuities shall be paid in equal monthly installments.\\n 13. \"Pension\" shall mean the annual payments for life derived from\\npayments made by an employer as provided in this article. All pensions\\nshall be paid in equal monthly installments.\\n 14. \"Retirement allowance\" shall mean the pension plus the annuity.\\n 15. \"Annuity reserve\" shall mean the present value of all payments to\\nbe made on account of any annuity, or benefit in lieu of any annuity,\\ncomputed upon the basis of such mortality tables as shall be adopted by\\nthe retirement board with regular interest.\\n 16. \"Pension reserve\" shall mean the present value of all payments to\\nbe made on account of any pension, or benefit in lieu of any pension,\\ncomputed upon the basis of such mortality tables as shall be adopted by\\nthe retirement board with regular interest.\\n 17. \"Retirement fund\" shall mean the state teachers' retirement fund\\nfor public school teachers of the state of New York as created by\\nchapter one hundred forty of the laws of nineteen hundred ten, chapter\\nfour hundred forty-nine of the laws of nineteen hundred eleven, chapter\\nforty-four of the laws of nineteen hundred fourteen, chapter one hundred\\nthree of the laws of nineteen hundred nineteen and chapter one hundred\\nsixty-one of the laws of nineteen hundred twenty-three.\\n 18. \"Local district pension system\" shall mean any teachers'\\nretirement system or other arrangement for the payment of pensions or\\nannuities to teachers exclusive of the retirement fund, created in any\\ncity or school district of this state prior to the first day of August,\\nnineteen hundred twenty-one.\\n 19. \"Service\" shall mean actual teaching or supervision by the teacher\\nduring regular school hours of the day, and shall mean governmental\\nservice in the state of New York in another capacity where the teacher\\nwas a member of the New York state employees retirement system, and\\nwhere such service was credited to the teacher in the said New York\\nstate employees retirement system. Leave of absence with pay granted by\\nthe employer may be considered service under regulations prescribed by\\nthe retirement board. In all such leaves of absence the salary actually\\nreceived shall be deemed to be the earnable compensation of such teacher\\nwithin the meaning of this article, provided, however, that in the case\\nof a member who dies at any time during the period from July first,\\nnineteen hundred sixty-four through June thirtieth nineteen hundred\\nseventy-four, who is entitled to a death benefit in accordance with\\nparagraph two of subdivision b of section five hundred twelve and who\\nwas on a leave of absence with pay in the last twelve months of service,\\nthen the compensation earnable by such member during the last twelve\\nmonths of service while a member shall be the amount of salary such\\nmember would have earned had such member not been on such leave of\\nabsence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "502", "title" : "Retirement system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "502", "activeDate" : "2014-09-22", "sequenceNo" : 366, "repealedDate" : null, "fromSection" : "502", "toSection" : "502", "text" : " § 502. Retirement system. 1. The \"New York state teachers' retirement\\nsystem\" is hereby continued.\\n 2. Such retirement system shall have the powers and privileges of a\\ncorporation, and under its corporate name, or in the name of its\\nnominees, all of its business shall be transacted, all funds invested,\\nall warrants for money drawn and payments made, and all cash and\\nsecurities and other property shall be held.\\n 3. In accordance with paragraph two of subsection a of section four\\nhundred one of the Internal Revenue Code, it shall be impossible at any\\ntime prior to the satisfaction of the retirement system's liabilities to\\nits members and their beneficiaries under law, for any part of the\\nassets of the retirement system, or income thereon, to be (within any\\ntaxable year or thereafter) used for, or diverted to, purposes other\\nthan for the exclusive benefit of the members of the retirement system\\nor their beneficiaries.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "503", "title" : "Membership of system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2022-04-15", "2023-04-07", "2024-12-20", "2025-02-14" ], "docLevelId" : "503", "activeDate" : "2014-09-22", "sequenceNo" : 367, "repealedDate" : null, "fromSection" : "503", "toSection" : "503", "text" : " § 503. Membership of system. 1. The membership of the retirement\\nsystem shall consist of the following:\\n a. All teachers who were teachers on or before the first day of\\nAugust, nineteen hundred twenty-one, who shall file with the retirement\\nboard applications for membership, except those specifically excluded\\nunder subdivision four of this section.\\n b. All teachers who were not teachers on or before the first day of\\nAugust, nineteen hundred twenty-one, except those specifically excluded\\nunder subdivision four of this section.\\n 2. The retirement board may, in its discretion, deny the right to\\nbecome members to any class of teachers whose compensation is only\\npartly paid by the employer or who are serving on a temporary or any\\nother than a per annum basis, and it may also, in its discretion, make\\noptional with members in any such class their individual entrance into\\nmembership.\\n 3. The membership of any person in the retirement system shall cease\\nwhen seven years have elapsed since the member has performed service as\\na teacher which was credited with the system except as provided in\\nsection five hundred twelve-a of this article, or upon the withdrawal by\\na contributor of his accumulated contributions as provided in this\\narticle, or upon retirement on a pension, or at death, except that the\\nmembership of a teacher, who has not withdrawn his contributions shall\\nnot be cancelled if he (a) has not had sufficient service to be eligible\\nfor disability retirement, and proves to the satisfaction of the\\nretirement board that absence from service was caused by personal\\nillness constituting disability or (b) is eligible to receive a\\nretirement allowance from the system for other than disability.\\n 4. Teachers who are members or who become members of a local district\\npension system maintained under the laws of the state from\\nappropriations or contributions made wholly or partly by an employer\\nshall be excluded from membership in this retirement system.\\n 5. A retired teacher receiving a retirement allowance for other than\\ndisability may return to active public service. Any such retired teacher\\nreturning to active service shall immediately notify the retirement\\nboard of his intention. Except as otherwise provided in sections two\\nhundred eleven and two hundred twelve of the retirement and social\\nsecurity law and section one hundred fifty of the civil service law, his\\nretirement allowance shall be suspended during the time he is in active\\nservice. If such teacher has not elected an optional benefit, the\\npayments of his annuity so suspended shall be held in the annuity\\nreserve fund at regular interest, and upon the resumption of his\\nretirement allowance after again leaving the active service such\\naccumulated amounts shall be applied to increase the annuity otherwise\\npayable to him or in the event of his death while in active service such\\naccumulated amounts shall be paid to his estate or to such person as\\nlast designated as the beneficiary of his accumulated contributions. If\\nsuch teacher has elected an optional benefit and dies while in active\\nservice, the optional benefit in respect of his annuity shall be payable\\nas if no annuity payments had been suspended, but the optional benefit\\nin respect of his pension shall not be payable in excess of the\\nproportion that the cost of such optional pension, when measured by the\\ndifference between his pension without optional modification and the\\noptional pension, is currently covered by the amount of the annuity\\npayments suspended while he is in active service, which difference shall\\nbe paid during the period of his active service from the annuity reserve\\nfund to the fund from which his pension was payable. If, however, such\\nfull cost of the optional pension is greater than the suspended annuity\\npayments, the teacher may elect upon returning to active service to pay\\nthe amount of such difference directly to the retirement system to be\\ncredited to the fund from which his pension was payable, and subject to\\nsuch payments monthly in advance, or at such other intervals as may be\\nagreed upon with the retirement board, the optional benefit in respect\\nof the pension shall be payable in the event the teacher dies while in\\nactive service, as if no pension payments had been suspended. If the\\nsuspended annuity payments are greater than such full cost of the\\noptional pension, the amount of such difference shall be held at regular\\ninterest in the annuity reserve fund, and upon the resumption of his\\nretirement allowance after again leaving active service such accumulated\\namounts shall be applied to increase the annuity otherwise payable to\\nhim, or in the event of his death while in active service such\\naccumulated amounts shall be paid to his estate or to the beneficiary\\nnominated under the option.\\n 6. Credit for service in war after world war I, which shall mean\\nmilitary service during the period commencing the first day of July,\\nnineteen hundred forty, and terminating the thirtieth day of June,\\nnineteen hundred forty-seven, or during the period commencing the\\ntwenty-seventh day of June, nineteen hundred fifty, and terminating the\\nthirty-first day of January, nineteen hundred fifty-five, or during both\\nsuch periods, as a member of the armed forces of the United States, of\\nany person who has been honorably discharged or released under honorable\\ncircumstances from such service, or service by one who was employed by\\nthe War Shipping Administration or Office of Defense Transportation or\\ntheir agents as a merchant seaman documented by the United States Coast\\nGuard or Department of Commerce, or as a civil servant employed by the\\nUnited States Army Transport Service (later redesignated as the United\\nStates Army Transportation Corps, Water Division) or the Naval\\nTransportation Service; and who served satisfactorily as a crew member\\nduring the period of armed conflict, December seventh, nineteen hundred\\nforty-one, to August fifteenth, nineteen hundred forty-five, aboard\\nmerchant vessels in oceangoing, i.e., foreign, intercoastal, or\\ncoastwise service as such terms are defined under federal law (46 USCA\\n10301 & 10501) and further to include \"near foreign\" voyages between the\\nUnited States and Canada, Mexico, or the West Indies via ocean routes,\\nor public vessels in oceangoing service or foreign waters and who has\\nreceived a Certificate of Release or Discharge from Active Duty and a\\ndischarge certificate, or an Honorable Service Certificate/Report of\\nCasualty, from the Department of Defense or who served as a United\\nStates civilian employed by the American Field Service and served\\noverseas under United States Armies and United States Army Groups in\\nworld war II during the period of armed conflict, December seventh,\\nnineteen hundred forty-one through May eighth, nineteen hundred\\nforty-five, and who was discharged or released therefrom under honorable\\nconditions, or who served as a United States civilian Flight Crew and\\nAviation Ground Support Employee of Pan American World Airways or one of\\nits subsidiaries or its affiliates and served overseas as a result of\\nPan American's contract with Air Transport Command or Naval Air\\nTransport Service during the period of armed conflict, December\\nfourteenth, nineteen hundred forty-one through August fourteenth,\\nnineteen hundred forty-five, and who was discharged or released\\ntherefrom under honorable conditions, and who was a teacher in the\\npublic schools of this state at the time of his entrance into the armed\\nforces of the United States, provided no compensation was received under\\nthe provisions of section two hundred forty-two of the military law, and\\nwho returned to public school teaching following discharge or completion\\nof advanced education provided under servicemen's readjustment act of\\nnineteen hundred forty-four, or who following such discharge or release\\nentered into a service which would qualify him pursuant to section\\nforty-three of the retirement and social security law to transfer his\\nmembership in the New York state teachers' retirement system, shall be\\nprovided as follows, any provisions of section two hundred forty-three\\nof the military law to the contrary notwithstanding.\\n (a) Service in war after world war I as defined in this subdivision\\nshall be deemed to be service for all purposes of the retirement fund,\\nprovided claim for such service shall be filed by the member with the\\nretirement board within two years following his return to active\\nteaching service or the entry of the member into a service which would\\nqualify him pursuant to section fifty-nine of the civil service law to\\ntransfer his membership to the New York city employees' retirement\\nsystem or to the New York state employees' retirement system or the\\nfifteenth day of April, nineteen hundred sixty-seven, whichever is\\nlater.\\n (b) For the purposes of computing final average salary, compensation\\nduring any period of service in war after world war I shall be deemed to\\nhave been at the member's rate of compensation in effect immediately\\nprior to such period, or based on additional increments due him if he\\nhad continued teaching.\\n (c) Contributions paid by any member under the provisions of section\\ntwo hundred forty-three of the military law shall be refunded directly\\nto the member and the corresponding contribution paid by the district\\nshall also be returned directly to the district.\\n (d) On the retirement of a member with credit for service in war after\\nworld war I as defined in this subdivision, there shall be transferred\\nfrom the pension accumulation fund to the annuity reserve fund a sum\\nequivalent to the contributions the member would have made to the\\nannuity savings fund had he contributed during his period of service in\\nwar after world war I at the rate in effect immediately prior to such\\nperiod, or on additional increments due him if he had continued\\nteaching, with interest to the date of retirement, which amounts shall\\nbe used to provide an annuity for him.\\n (e) In addition to the contributions required of employers to the\\nretirement system as otherwise provided, there shall be paid an\\nadditional contribution to the pension accumulation fund to cover the\\ncost of the additional benefits covered by this subdivision. The\\nadditional contributions shall be collected by increasing the regular\\ncontributions of the employers in the same proportion as the liabilities\\nof the pension accumulation fund are increased by the adoption of this\\nsubdivision.\\n 7. A teacher, who was a member of the New York state teachers\\nretirement system but who withdrew his accumulated contributions\\nimmediately prior to his entry into, or during his service in the armed\\nforces of the United States in war after World War I, who has been\\nhonorably discharged or released from service, provided no compensation\\nwas received under the provisions of section two hundred forty-two of\\nthe military law, and who returned to public school teaching in the\\nstate of New York following such discharge or release, or following\\ncompletion of advanced education provided under servicemen's\\nreadjustment act of nineteen hundred forty-four, any provisions of\\nsection two hundred forty-three of the military law to the contrary\\nnotwithstanding, will be entitled to credit for service in war after\\nWorld War I, cost free, provided, however, that such credit will not be\\nallowed until he claims and pays for all prior teaching service credited\\nto him at the time of his termination of membership in the New York\\nstate teachers retirement system, and provided further that claim for\\nsuch service in war after World War I shall be filed by the member with\\nthe retirement board before the first day of July, nineteen hundred\\nsixty-eight.\\n 8. A teacher who had been granted credit for service in war after\\nworld war I as provided in this section and whose membership in the New\\nYork state teachers retirement system subsequently ceased by reason of\\nwithdrawal of his accumulated contributions will, upon rejoining the New\\nYork state teachers retirement system, be entitled to the same credit\\nfor service in war after world war I, cost free, that he was credited\\nwith upon termination of his membership in the New York state teachers\\nretirement system, provided, however, that such credit will not be\\nallowed until he claims and pays for all prior teaching service credited\\nto him at the time of his termination of membership in the New York\\nstate teachers retirement system.\\n 9. Credit for emergency service on or after October first, nineteen\\nhundred sixty-one, shall mean active duty (other than for training) in\\nthe armed forces of the United States as defined in title ten of the\\nUnited States code on or after October first, nineteen hundred sixty-one\\nand terminating on June thirtieth, nineteen hundred sixty-three or on\\nthe date that no reserve component unit originally ordered into the\\nactive service of the United States from the state on or after October\\nfirst, nineteen hundred sixty-one remains on such active service,\\nwhichever sooner occurs, of any person who:\\n a. was a teacher in the public schools of this state at the time of\\nhis entrance into such armed forces,\\n b. was a member of the New York state teachers' retirement system and\\nan employee of the state or of an employer at the time he entered such\\narmed forces,\\n c. has been honorably discharged or released under honorable\\ncircumstances from such service, and\\n d. returned to public school teaching within one year following\\ndischarge or release, or completion of advanced education provided by\\nthe United States for education of Korean conflict veterans, or who\\nfollowing such discharge or release entered into a service which would\\nqualify him, pursuant to section forty-three of the retirement and\\nsocial security law, to transfer his membership in the New York state\\nteachers retirement system. Such service shall not include any periods\\nduring which compensation was received by the member for accrued\\nvacation and overtime credit or under the provisions of section two\\nhundred forty-two of the military law or section six of chapter six\\nhundred eight of the laws of nineteen hundred fifty-two.\\n Emergency service on or after October first, nineteen hundred\\nsixty-one, shall for the purposes of this article be deemed credit for\\nservice in war after world war I.\\n 10. Credit for certain World War II service. a. In addition to credit\\nfor military service pursuant to section two hundred forty-three of the\\nmilitary law and subdivisions six through nine of this section, a member\\nemployed as a full-time teacher by an employer as defined in subdivision\\nthree of section five hundred one of the education law and who joined\\nthe retirement system prior to July first, nineteen hundred\\nseventy-three, may obtain credit for military service not in excess of\\nthree years and not otherwise creditable under section two hundred\\nforty-three of the military law and subdivisions six through nine of\\nthis section, rendered on active duty in the armed forces of the United\\nStates during the period commencing July first, nineteen hundred forty,\\nand terminating December thirty-first, nineteen hundred forty-six, or on\\nservice by one who was employed by the War Shipping Administration or\\nOffice of Defense Transportation or their agents as a merchant seaman\\ndocumented by the United States Coast Guard or Department of Commerce,\\nor as a civil servant employed by the United States Army Transport\\nService (later redesignated as the United States Army Transportation\\nCorps, Water Division) or the Naval Transportation Service; and who\\nserved satisfactorily as a crew member during the period of armed\\nconflict, December seventh, nineteen hundred forty-one, to August\\nfifteenth, nineteen hundred forty-five, aboard merchant vessels in\\noceangoing, i.e., foreign, intercoastal, or coastwise service as such\\nterms are defined under federal law (46 USCA 10301 & 10501) and further\\nto include \"near foreign\" voyages between the United States and Canada,\\nMexico, or the West Indies via ocean routes, or public vessels in\\noceangoing service or foreign waters and who has received a Certificate\\nof Release or Discharge from Active Duty and a discharge certificate, or\\nan Honorable Service Certificate/Report of Casualty, from the Department\\nof Defense or on service by one who served as a United States civilian\\nemployed by the American Field Service and served overseas under United\\nStates Armies and United States Army Groups in world war II during the\\nperiod of armed conflict, December seventh, nineteen hundred forty-one\\nthrough May eighth, nineteen hundred forty-five, and who was discharged\\nor released therefrom under honorable conditions, or on service by one\\nwho served as a United States civilian Flight Crew and Aviation Ground\\nSupport Employee of Pan American World Airways or one of its\\nsubsidiaries or its affiliates and served overseas as a result of Pan\\nAmerican's contract with Air Transport Command or Naval Air Transport\\nService during the period of armed conflict, December fourteenth,\\nnineteen hundred forty-one through August fourteenth, nineteen hundred\\nforty-five, and who was discharged or released therefrom under honorable\\nconditions by a person who was a resident of New York state at the time\\nof entry into such service and at the time of being discharged therefrom\\nunder honorable circumstances, and who makes the payments required in\\naccordance with the provisions of this subdivision.\\n However, no military service shall be creditable under this\\nsubdivision in the case of a member who is receiving a military pension\\n(other than for disability) for military service in the armed forces of\\nthe United States.\\n b. To obtain such credit a member shall: (1) deposit in the annuity\\nsavings fund a sum equal to the product of his required contribution\\nrate at time of entry into full-time New York state teaching service,\\nhis annual full-time rate of compensation at that time, and the period\\nof military service being claimed, with regular interest, and (2)\\ndeposit in the pension accumulation fund a sum equal to the product of\\nthe employer's contribution rate exclusive of the rate for supplemental\\npensions at the time of the member's entry into such teaching service,\\nhis annual full-time rate of compensation at that time, and the period\\nof military service being claimed, with regular interest. Such deposit\\nmust be made on or before October fourteenth, nineteen hundred\\nseventy-seven, provided, however, such member may elect to deposit such\\namount over a period of time no greater than the period for which credit\\nis being claimed, in which case such payments must commence no later\\nthan October fourteenth, nineteen hundred seventy-seven. If the full\\namount of such payments is not paid to the retirement system at the time\\nof retirement, the amount of service credited shall be proportional to\\nthe total amount of the payments made.\\n c. The credit for military service hereunder shall not be used to\\nincrease a service retirement benefit if, at the time of retirement,\\nsuch member (1) is retiring from service with less than ten years of\\nfull-time service credit or (2) is retiring with less than three years\\nof member service rendered subsequent to the date that he last became a\\nmember of this system. Upon retirement, as specified in (1) or (2),\\nthere shall be refunded to such member the amount of such deposit plus\\naccrued interest exclusive of the amount deposited to the pension\\naccumulation fund attributable to death and disability benefits.\\n d. (1) In the case of members who have transferred into this system\\nfrom another public retirement system within the state of New York,\\ntheir rate of contribution shall be computed as though they had been a\\nmember of this system from the date of membership in the retirement\\nsystem from which they transferred.\\n (2) Any other provision of law to the contrary notwithstanding, the\\nrate of contribution to be used in calculating contributions to the\\nannuity savings fund pursuant to this subdivision shall be at the rate\\nof four per centum of earnable compensation for members whose date of\\nmembership is on or before June thirtieth, nineteen hundred forty-eight\\nand at the rate of five per centum of earnable compensation for members\\nwhose date of membership is on or after July first, nineteen hundred\\nforty-eight.\\n e. In no event shall credit be granted pursuant to this subdivision if\\ncredit is granted for the same period of time pursuant to other\\nprovisions of law.\\n f. No application for credit pursuant to the provisions of this\\nsubdivision shall be honored if made on or after April fifteenth,\\nnineteen hundred seventy-seven.\\n 10-a. Credit for certain World War II service. a. In addition to\\ncredit for military service pursuant to section two hundred forty-three\\nof the military law and subdivisions six through nine of this section, a\\nmember who joined the retirement system prior to July first, nineteen\\nhundred seventy-three, and who was not eligible for credit for military\\nservice under subdivision ten of this section as a result of being on a\\nleave of absence without pay between July twentieth, nineteen hundred\\nseventy-six and October fifteenth, nineteen hundred seventy-seven or on\\nleave of absence with less than full pay between July twentieth,\\nnineteen hundred seventy-six and October fifteenth, nineteen hundred\\nseventy-seven, may obtain credit for military service not in excess of\\nthree years and not otherwise creditable under section two hundred\\nforty-three of the military law and subdivisions six through nine of\\nthis section, rendered on active duty in the armed forces of the United\\nStates during the period commencing July first, nineteen hundred forty,\\nand terminating December thirty-first, nineteen hundred forty-six, or on\\nservice by one who was employed by the War Shipping Administration or\\nOffice of Defense Transportation or their agents as a merchant seaman\\ndocumented by the United States Coast Guard or Department of Commerce,\\nor as a civil servant employed by the United States Army Transport\\nService (later redesignated as the United States Army Transportation\\nCorps, Water Division) or the Naval Transportation Service; and who\\nserved satisfactorily as a crew member during the period of armed\\nconflict, December seventh, nineteen hundred forty-one, to August\\nfifteenth, nineteen hundred forty-five, aboard merchant vessels in\\noceangoing, i.e., foreign, intercoastal, or coastwise service as such\\nterms are defined under federal law (46 USCA 10301 & 10501) and further\\nto include \"near foreign\" voyages between the United States and Canada,\\nMexico, or the West Indies via ocean routes, or public vessels in\\noceangoing service or foreign waters and who has received a Certificate\\nof Release or Discharge from Active Duty and a discharge certificate, or\\nan Honorable Service Certificate/Report of Casualty, from the Department\\nof Defense, or on service by one who served as a United States civilian\\nemployed by the American Field Service and served overseas under United\\nStates Armies and United States Army Groups in world war II during the\\nperiod of armed conflict, December seventh, nineteen hundred forty-one\\nthrough May eighth, nineteen hundred forty-five, and who was discharged\\nor released therefrom under honorable conditions, or on service by one\\nwho served as a United States civilian Flight Crew and Aviation Ground\\nSupport Employee of Pan American World Airways or one of its\\nsubsidiaries or its affiliates and served overseas as a result of Pan\\nAmerican's contract with Air Transport Command or Naval Air Transport\\nService during the period of armed conflict, December fourteenth,\\nnineteen hundred forty-one through August fourteenth, nineteen hundred\\nforty-five, and who was discharged or released therefrom under honorable\\nconditions by a person who was a resident of New York state at the time\\nof entry into such service and at the time of being discharged therefrom\\nunder honorable circumstances, and who makes the payments required in\\naccordance with the provisions of this subdivision.\\n However, no military service shall be creditable under this\\nsubdivision in the case of a member who is receiving a military pension\\n(other than for disability) for military service in the armed forces of\\nthe United States.\\n b. To obtain such credit a member shall: (1) deposit in the annuity\\nsavings fund a sum equal to the product of his required contribution\\nrate at time of entry into full-time New York state teaching service,\\nhis annual full-time rate of compensation at that time, and the period\\nof military service being claimed, with regular interest, and (2)\\ndeposit in the pension accumulation fund a sum equal to the product of\\nthe employer's contribution rate exclusive of the rate for supplemental\\npensions at the time of the member's entry into such teaching service,\\nhis annual full-time rate of compensation at that time, and the period\\nof military service being claimed, with regular interest. Such deposit\\nmust be made on or before October fourteenth, nineteen hundred eighty,\\nprovided, however, such member may elect to deposit such amount over a\\nperiod of time no greater than the period for which credit is being\\nclaimed, in which case such payments must commence no later than October\\nfourteenth, nineteen hundred eighty. If the full amount of such payments\\nis not paid to the retirement system at the time of retirement, the\\namount of service credited shall be proportional to the total amount of\\nthe payments made.\\n c. The credit for military service hereunder shall not be used to\\nincrease a service retirement benefit if, at the time of retirement,\\nsuch member (1) is retiring from service with less than ten years of\\nfull-time service credit or (2) is retiring with less than three years\\nof member service rendered subsequent to the date that he last became a\\nmember of this system. Upon retirement, as specified in (1) or (2),\\nthere shall be refunded to such member the amount of such deposit plus\\naccrued interest exclusive of the amount deposited to the pension\\naccumulation fund attributable to death and disability benefits.\\n d. (1) In the case of members who have transferred into this system\\nfrom another public retirement system within the state of New York,\\ntheir rate of contribution shall be computed as though they had been a\\nmember of this system from the date of membership in the retirement\\nsystem from which they transferred.\\n (2) Any other provision of law to the contrary notwithstanding, the\\nrate of contribution to be used in calculating contributions to the\\nannuity savings fund pursuant to this subdivision shall be at the rate\\nof four per centum of earnable compensation for members whose date of\\nmembership is on or before June thirtieth, nineteen hundred forty-eight\\nand at the rate of five per centum of earnable compensation for members\\nwhose date of membership is on or after July first, nineteen hundred\\nforty-eight.\\n e. In no event shall credit be granted pursuant to this subdivision if\\ncredit is granted for the same period of time pursuant to other\\nprovisions of law.\\n f. No application for credit pursuant to the provisions of this\\nsubdivision shall be honored if made on or after October fifteenth,\\nnineteen hundred eighty.\\n 11. a. If a retired member, receiving a retirement allowance for other\\nthan disability, returns to active public service, except as otherwise\\nprovided in sections two hundred eleven or two hyndred twelve of the\\nretirement and social security law, and is eligible for membership in\\nthe retirement system, he thereupon shall become a member and his\\nretirement allowance shall be suspended in the same manner as provided\\nin subdivision five of section five hundred three of this article. In\\nsuch event, he shall contribute to the retirement system as if he were a\\nnew member. Upon his subsequent retirement after at least two years of\\nservice he shall:\\n 1. Be credited with all member service earned by him since he last\\nbecame a member of the retirement system, and\\n 2. Receive a retirement allowance which shall consist of:\\n (a) An annuity as provided in subdivision five of section five hundred\\nthree of this article plus an annuity which is the actuarial equivalent\\nof any contributions made by him since he last became a member, and\\n (b) The pension which he was receiving immediately prior to his last\\nrestoration to membership as provided in subdivision five of section\\nfive hundred three of this article, plus a pension based upon the member\\nservice credit earned by him since he last became a member. Such latter\\npension shall be computed as if he were a new member when he rejoined\\nthe system pursuant to the provisions of this subdivision.\\n b. Where such member shall have earned at least five years of member\\nservice credit after restoration to active service, the total service\\ncredit to which he was entitled at the time of his earlier retirement\\nmay, at his option, again be credited to him and upon his subsequent\\nretirement he shall be credited in addition for purposes of computation\\nof the pension portion of the retirement allowance with all member\\nservice earned by him subsequent to his last restoration to membership.\\nSuch total service credit to which he was entitled at the time of his\\nearlier retirement shall be so credited only in the event that such\\nmember returns to the retirement system with regular interest the\\nactuarial equivalent of the amount of the pension he received, or in the\\nevent that such amount is not so repaid the actuarial equivalent thereof\\nshall be deducted from his subsequent retirement allowance.\\n c. Notwithstanding the foregoing provisions of this subdivision, a\\nretired member who is receiving a retirement allowance for other than\\nphysical disability, and who returns to active public service, may elect\\nnot to be restored to membership in the retirement system until he has\\nrendered one year of service following his return to public service. In\\nsuch event his retirement allowance shall be suspended during such year\\nof service in the same manner as provided in subdivision five of section\\nfive hundred three of this article. Upon restoration to membership\\nfollowing completion of such year of service, his service in such year\\nshall be deemed to be service while a member for purposes of subdivision\\nb of section five hundred twelve of this article. He may purchase member\\nservice credit for such year, which shall be deemed earned member\\nservice credit.\\n d. Notwithstanding any other provision of this article, a retired\\nmember who rejoins the system under the provisions of paragraphs a or c\\nof this subdivision shall only be entitled to a death benefit according\\nto the provisions of paragraph two of subdivision b of section five\\nhundred twelve of this article and of no other subdivision thereof and\\nfor the purposes of said paragraph two of subdivision b of section five\\nhundred twelve the credited service as a teacher shall be service as a\\nteacher credited since last joining the system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "504", "title" : "Retirement board; members; terms of office; vacancies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "504", "activeDate" : "2014-09-22", "sequenceNo" : 368, "repealedDate" : null, "fromSection" : "504", "toSection" : "504", "text" : " § 504. Retirement board; members; terms of office; vacancies. 1. The\\ngeneral administration and responsibility for the proper operation of\\nthe retirement system and for making effective the provisions of this\\narticle shall continue to be vested in a retirement board. The\\nretirement board shall from time to time establish rules and regulations\\nfor the administration and transaction of its business and for the\\ncontrol of the funds created herein and shall perform such other\\nfunctions as are required for the execution of the provisions of this\\narticle.\\n 2. The retirement board shall consist of ten members as follows.\\n a. One member, who is not an employee of the state, who shall be or\\nshall have been an executive officer of a bank authorized to do business\\nin this state, elected by the board of regents of The University of the\\nState of New York to serve for a term of three years.\\n b. Two members who are not employees of the state, each of whom shall\\nbe or shall have been a trustee or member of the board of education of a\\nschool district in this state, and at least one of whom shall be or\\nshall have been an executive officer of an insurance company, elected by\\nthe board of regents of The University of the State of New York to serve\\nfor a term of three years, from a list of five or more persons having\\nbroad experience and ability in the fields of finance and investment to\\nbe presented to the regents by the board of directors of the New York\\nState School Boards Association, Inc.\\n c. Two administrative officers of the New York state school system,\\nappointed by the commissioner of education, each to serve for a term of\\nthree years. Members of the present state teachers' retirement fund\\nboard shall be deemed to be administrative officers of the New York\\nstate school system within the meaning of this provision.\\n d. The comptroller of the state of New York or one member appointed by\\nhim who shall serve until his successor is appointed.\\n e. Three members elected from among the members of the retirement\\nsystem, each to serve for a term of three years.\\n f. One member, who must be a retired teacher, who shall be elected in\\naccordance with the provisions of section five hundred five-a of this\\narticle to serve for a term of three years.\\n 3. A vacancy occurring during the term of a member elected by the\\nboard of regents or appointed by the commissioner of education shall be\\nfilled for the unexpired term by the election or appointment of a\\nsuccessor in the same manner as his predecessor. A vacancy occurring\\nduring a term in the case of a member elected from among the active\\nmembers of the retirement system shall be filled, until the next annual\\nconvention of delegates, by the commissioner of education and shall be\\nfilled for the unexpired term by the delegates at the next annual\\nconvention in addition to the regular election. A vacancy occurring\\nduring the term of a retired teacher member shall be filled in\\naccordance with the provisions of section five hundred five-a of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "505", "title" : "Election of the active teacher members of the board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "505", "activeDate" : "2014-09-22", "sequenceNo" : 369, "repealedDate" : null, "fromSection" : "505", "toSection" : "505", "text" : " § 505. Election of the active teacher members of the board. 1. An\\nannual convention of the members of the retirement system shall be held\\nwithin the state of New York during the month of October or November, at\\nan hour and place set by the retirement board on or before May first of\\neach year, for the purpose of electing members of the retirement board.\\n 2. Said convention shall be composed of delegates selected as\\nhereinafter provided from each territory constituting the jurisdiction\\nof, unless otherwise provided for herein, a district superintendent, of\\na village or a city superintendent, or from a school district within a\\nsupervisory district and having at least seventy-five members of the\\nretirement system, or from the department, or from a unit of the state\\nuniversity, which territory, school district, department or unit shall\\nconstitute a territorial unit of representation in the assembly of\\ndelegates. Each territorial unit shall be entitled to be represented in\\nsuch convention by one delegate for each two hundred members of the\\nretirement system employed on a per annum basis in said unit. The total\\nentitlement to delegates for each territorial unit shall be the number\\nof such members divided by two hundred, rounded off to the nearest whole\\nnumber; provided, that each unit shall be entitled to at least one\\ndelegate.\\n 3. Delegates from each territorial unit shall be elected, for a\\ntwo-year term to commence on August first of the year of election, by\\nthe vote of a plurality of the members of the retirement system within\\nsuch territorial unit voting by secret ballot. If there is more than one\\ndelegate entitled to be elected to represent a territorial unit, the\\nvoters shall be instructed to cast a vote for sufficient persons in the\\nnumber needed to represent the territorial unit and those candidates\\nreceiving the most votes shall be declared elected.\\n 4. The election of delegates shall be held in odd numbered years, no\\nearlier than March first and no later than June first, in accordance\\nwith rules adopted by the chief administrative officer of each\\nterritorial unit or his designee. The chief administrative officer of\\neach territorial unit or his designee shall, no later than July first,\\nfile with the retirement system a certificate of election containing the\\nnames and addresses of the delegates elected to the annual convention\\nand such other information as may be required by the retirement board\\nand shall furnish the delegates elected with a copy of said certificate\\nof their election. The certificate of election shall be in a form\\nprescribed by the retirement board.\\n 5. An alternate shall be elected, in the same manner as prescribed for\\ndelegates, for each delegate to serve if the delegate is absent or\\nunable to serve.\\n 6. Each delegate and alternate must be a member of the retirement\\nsystem and employed as a teacher in the territorial unit which he or she\\nrepresents. A person may be elected to only one position, and each\\ndelegate shall be entitled to only one vote.\\n 7. If both a delegate position and its corresponding alternate\\nposition become vacant, a special election shall be held, no later than\\nOctober first, in the same manner as the regular election to fill the\\nremaining portion of the term, and the chief administrative officer or\\nhis designee shall no later than October sixth file with the retirement\\nsystem a certificate of election and shall furnish the delegate so\\nelected with a copy of said certificate of election.\\n 8. Said convention shall be called to order by a member of the\\nretirement board designated by said board, and shall organize the\\nelection of a chairman and a secretary. A majority of all delegates\\nentitled to seats in said convention shall constitute a quorum for the\\ntransaction of business.\\n 9. Members of the retirement board shall be elected by a majority of\\nthose present and voting at the convention held pursuant to this section\\nfor a term commencing on the first day of February following the\\nelection. In order to be eligible to be elected to the retirement board\\npursuant to this section, a person must be a member of the retirement\\nsystem.\\n 10. The provisions of this section shall be deemed mandatory and not\\ndirectory.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "505-A", "title" : "Election of retired teacher member of board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "505-A", "activeDate" : "2014-09-22", "sequenceNo" : 370, "repealedDate" : null, "fromSection" : "505-A", "toSection" : "505-A", "text" : " § 505-a. Election of retired teacher member of board. 1. Election of\\nretired teacher member. An election shall be held during the month of\\nOctober, nineteen hundred ninety-three, and thereafter during the month\\nof October immediately preceding the expiration of a term in office as\\nprescribed in this section, for the purpose of electing the retired\\nteacher member of the retirement board from among the retired members of\\nthe retirement system. All retired members of the retirement system who\\nare retired as of October first in the year in which such election is\\nheld shall be eligible to vote. Such election shall be by secret ballot\\nheld in accordance with the provisions of this section and such rules\\nand regulations as may be adopted by the retirement board. A retired\\nteacher member elected to the retirement board pursuant to the\\nprovisions of this section shall serve for a term of three years\\ncommencing on the first day of January next following said election.\\n 2. Nominations. Nominations of candidates for the position of retired\\nteacher member of the retirement board shall be by petition on forms\\nprovided pursuant to this subdivision. The retirement board shall\\nprepare printed forms for nominating petitions for candidates for the\\noffice of retired teacher member of the retirement board. Such forms\\nshall be available to retired members of the retirement system not later\\nthan July first of a year in which an election is to be held. Each\\ncandidate's petition shall be signed by not less than one hundred\\nretired members of the retirement system and shall be filed with the\\nretirement board not later than August fifteenth in such year. Each such\\npetition shall contain the position and term of office, together with\\nthe name and address of the candidate, and shall also contain the name\\nand address of the retired member of the retirement system who shall be\\nthe alternate candidate in the event of a vacancy caused by the death,\\ndisability, disqualification or withdrawal of the candidate occurring\\nprior to the election. Each petition shall be accompanied by a notarized\\nwritten acceptance of the nomination by the candidate named in the\\npetition and by a notarized written statement of the retired member\\nnamed as alternate candidate that, in the event of the death,\\ndisability, disqualification or withdrawal of the candidate prior to the\\nelection or in the event of the death, disability, disqualification or\\nresignation of the candidate from the position of retired teacher member\\nof the retirement board following election, he or she will accept the\\nnomination or serve on the retirement board in such a contingency. The\\nretirement board shall implement one mailing for each qualified\\ncandidate that so requests and makes payment therefor prior to the time\\nof mailing by bank or certified check. The board shall establish\\nprocedures to merge mailings for more than one qualified candidate in\\norder to reduce postage costs and for administrative convenience if each\\naffected candidate approves. Nothing in this subdivision or in this\\nsection shall be construed to impair existing law preserving the\\nconfidentiality of the home addresses of retirees of the retirement\\nsystem.\\n 3. Election procedures. Such election shall be in the form of a mail\\nreferendum with appropriate provisions, such as the use of double\\nenvelopes, made to insure that the identity of the individual retired\\nmembers will not be disclosed as their marked ballots are submitted and\\ncounted. The retirement board shall prepare and mail a ballot and\\ninstructions for voting to each eligible retired member by first class\\nmail not earlier than October first and not later than October\\nfifteenth. The names of candidates and alternate candidates listed on\\nthe ballot shall be in the order in which the petitions are filed with\\nthe retirement board. The ballots shall be such that they may be machine\\ncounted. Such ballots shall be returned to the address within the state\\nof New York designated by the retirement board and shall be postmarked\\nnot later than October thirty-first. Notwithstanding the foregoing, the\\nretirement board may by resolution establish an alternative procedure\\nfor the conduct of an election pursuant to this section by electronic,\\ntelephonic or other means which provide comparable security and\\nconvenience for voting by retired teacher members.\\n 4. Board of elections. At the time of filing a petition or not later\\nthan September fifteenth, each candidate shall appoint two active or\\nretired members of the retirement system to a board of elections. Such\\nboard of elections shall consist of such appointees of the candidates\\nand one member of the retirement system named by the president of the\\nretirement board, who shall act as its chairman. Members of the board of\\nelections shall not themselves be candidates or alternate candidates.\\nSuch board of elections shall supervise the election. Such board of\\nelections shall meet at the location within the state designated by the\\nretirement board at one o'clock in the afternoon on the second Monday in\\nNovember to certify the election of the candidate receiving the largest\\nnumber of valid votes cast. The retired member so elected shall be\\nnotified of such election by the chairman of the board of elections\\nwithin five days of such certification. The ballots shall be kept in\\nthe custody of the retirement board for at least ninety days after such\\ncertification. Members of the board of elections shall be reimbursed by\\nthe retirement board for reasonable expenses actually incurred, in\\naccordance with rules and regulations adopted by the retirement board.\\n 5. Special election. In the event that no candidate can be certified\\nas having won the election as the result of a tie vote, then the board\\nof elections shall order a special election with the ballot containing\\nonly the names of such candidates with a tie vote. Such special election\\nshall be conducted in the same general manner as the regular election.\\nBallots shall be mailed during the month of November as soon as\\nreasonably practical after the tie vote has been determined and shall be\\nreturned to a location within the state designated by the retirement\\nboard, postmarked no later than the fourteenth day of December. The\\nboard of elections shall meet at the location within the state\\ndesignated by the retirement board on a mutually selected date prior to\\nJanuary first to certify the election of the candidate receiving the\\nlargest number of valid votes cast.\\n 6. Suspension of election. In the event that only one candidate is\\nnominated, then no election shall be held and such candidate shall be\\ndeemed to be elected effective at the same time as if an election had\\nbeen held.\\n 7. Vacancies. A vacancy occurring during the term of a retired teacher\\nmember of the retirement board shall be filled by the retired member who\\nwas the alternate candidate at the time such retired teacher member was\\nlast elected to the board. In the event that such alternate candidate\\nhas died, become disqualified, or is unwilling or unable to serve or in\\nthe event that the alternate candidate dies, is disqualified, becomes\\ndisabled, or resigns after entering upon the position of retired teacher\\nmember of the retirement board, then the vacancy shall be filled by the\\nconcurrent appointment of a successor from among the retired members of\\nthe system by the members of the retirement board who were elected from\\namong the active members of the retirement system. Such alternate\\ncandidate or such appointee, as applicable, shall serve out the\\nunexpired term of the retired teacher member.\\n 8. Certain expenses of alternate candidate. The retired member who was\\nthe alternate candidate at the time a retired teacher member was last\\nelected to the position of the retired teacher member of the retirement\\nboard shall be entitled to be reimbursed from the expense fund for\\nactual and necessary expenses incurred in connection with attendance at\\nthe annual meeting and stated meetings of the retirement board pursuant\\nto subdivision one of section five hundred six of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "506", "title" : "Board meetings; oaths of office; quorum; expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "506", "activeDate" : "2014-09-22", "sequenceNo" : 371, "repealedDate" : null, "fromSection" : "506", "toSection" : "506", "text" : " § 506. Board meetings; oaths of office; quorum; expenses. 1. The\\nretirement board shall meet annually at Albany on a business day in the\\nmonth of January to be fixed by the board and shall have stated meetings\\nat the same place at least once in each three months as determined by\\nthe regulations of the board.\\n 2. Each member of the retirement board shall, within ten days after\\nhis appointment or election, take the constitutional oath of office and\\ncause the same to be filed in the office of the department of state.\\n 3. A majority of the members of the retirement board shall constitute\\na quorum for the transaction of any business.\\n 4. The members of the retirement board shall serve without\\ncompensation, but they shall be reimbursed from the expense fund for all\\nactual necessary expenses and for any loss of salary or wages they may\\nsuffer through serving on the retirement board.\\n 5. Notwithstanding any other provision of law, the affirmative vote of\\na majority of the board and the concurrence of one member of the board\\nelected from among the active members of the retirement system shall be\\nrequired to adopt, amend or repeal any rule or regulation relating to\\nmember benefits.\\n 6. Notwithstanding any other provision of law to the contrary, a\\nmember of the retirement board who is elected from among the members of\\nthe retirement system shall, upon his request, be granted a leave of\\nabsence without pay by his employer for the period of time he serves as\\na member of the retirement board. During the period of said leave of\\nabsence, such member of the retirement board shall receive full credit\\nin the retirement system for the period of such leave of absence. The\\nprovisions of this subdivision shall not be construed as prohibiting an\\nemployer at its discretion from granting a leave of absence with pay.\\nThe retirement board is authorized to adopt such rules and regulations\\nas it finds necessary in administering the provisions of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "507", "title" : "Officers of board; custody of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "507", "activeDate" : "2014-09-22", "sequenceNo" : 372, "repealedDate" : null, "fromSection" : "507", "toSection" : "507", "text" : " § 507. Officers of board; custody of funds. 1. The retirement board\\nshall elect from its membership a president and vice-president, and\\nshall have power to employ a secretary and to secure the services of\\nsuch technical and administrative employees as may be necessary for the\\ntransaction of the business of the retirement system. The compensation\\nof all persons engaged by the retirement board and all other expenses of\\nthe board necessary for the proper operation of the retirement system\\nshall be paid at such rates and in such amounts as the retirement board\\nshall approve.\\n 2. The retirement board shall appoint a counsel to serve as its legal\\nadviser.\\n 3. The head of the division of the treasury in the department of\\ntaxation and finance shall be the custodian of the funds of the\\nretirement system, except any asset consisting of evidence of a loan to\\na member of the retirement system pursuant to section five hundred\\ntwelve-b which such asset shall be in the custody of the retirement\\nboard. Disbursements from the funds of the retirement system shall be\\nmade by the custodian or such person as may be authorized by him only\\nupon warrants signed by a member of the retirement board, or an official\\nthereof, authorized to do so by resolution of the board duly adopted at\\na meeting of the board by a majority of its members. The commissioner of\\ntaxation and finance shall authorize a person who in the absence or\\ndisability of the head of the division of the treasury in the department\\nof taxation and finance shall exercise and perform the functions, powers\\nand duties conferred or imposed on the head of the division of the\\ntreasury in the department of taxation and finance as the custodian of\\nthe funds of the retirement system, and such person so authorized shall\\ncontinue to exercise and perform such functions, powers and duties\\nduring any period that the office of the head of the division of the\\ntreasury in the department of taxation and finance is vacant.\\n 4. The custodian shall furnish annually to the retirement board a\\nsworn statement of the amount of the funds in his custody belonging to\\nthe retirement system.\\n 6. The retirement board shall appoint a medical board of three\\nphysicians who shall hold office at the pleasure of the retirement\\nboard. Such medical board shall meet at regular intervals and shall\\nperform such duties as are assigned to it by the retirement board,\\nincluding, but not limited to, a review of applications for disability\\nretirement and a review of the continued disablement of pensioners\\nretired for disability. The medical board shall report to the retirement\\nboard its recommendation approving or disapproving each disability\\nretirement application. The medical board may designate other physicians\\nto make such medical examinations of a disability applicant as it may\\nrequire and shall review the findings of such physicians prior to making\\nits own recommendation to the retirement board.\\n 7. a. The system shall save harmless and indemnify all members of the\\nretirement board, officers and employees of the system from financial\\nloss arising out of any claim, demand, suit or judgment by reason of\\nalleged negligence or other act by such board member, officer or\\nemployee provided that such board member, officer or employee at the\\ntime of such alleged negligence or act was acting in the discharge of\\nhis duties and within the scope of his employment and that such damages\\ndid not result from the willful and wrongful act or gross negligence of\\nsuch board member, officer or employee and provided further that such\\nboard member, officer or employee shall, within five days of the time he\\nis served with any summons, complaint, process, notice, demand or\\npleading, deliver the original or a copy thereof to the system's legal\\nadvisor.\\n b. Upon such delivery the system's legal advisor may assume control of\\nthe representation of such board member, officer or employee. Such board\\nmember, officer or employee shall cooperate fully with the system's\\nlegal advisor's defense.\\n c. This section shall not in any way impair, limit or modify the\\nrights and obligations of any insurer under any policy of insurance.\\n d. The benefits of this section shall inure only to board members,\\nofficers and employees of the system and shall not enlarge or diminish\\nthe rights of any other party.\\n 8. Notwithstanding the provisions of subdivision seven of this section\\nand in lieu thereof, the retirement board may, by adoption of a board\\nregulation, provide for the indemnification and defense by the system of\\nmembers of the retirement board and employees of the system in\\naccordance with section eighteen of the public officers law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "508", "title" : "Investment of funds; interest; accounts; reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-06", "2021-11-05" ], "docLevelId" : "508", "activeDate" : "2014-09-22", "sequenceNo" : 373, "repealedDate" : null, "fromSection" : "508", "toSection" : "508", "text" : " § 508. Investment of funds; interest; accounts; reports. 1. The\\nmembers of the retirement board shall be the trustees of the several\\nfunds created by this article, and shall determine from time to time\\nwhat part of the moneys belonging to the retirement system shall be\\ninvested. When such board shall determine upon the investment of any\\nmoneys or upon the conversion or sale of any securities, it shall, by\\nresolution duly adopted by a majority vote of the members of the board,\\ndirect the custodian to so invest the moneys or convert or sell the\\nsecurities. Investments shall be made only in securities in which the\\ntrustees of a savings bank may invest the moneys deposited therein as\\nprovided by law except that the retirement system shall have the\\nauthority to own any of its nominee corporations organized pursuant to\\nsubdivision seventeen of this section. It shall be the duty of the\\ncustodian to collect the interest thereon as the same becomes due and\\npayable and also the principal thereof and place the same when so\\ncollected to the credit of the retirement system.\\n 2. The retirement board shall annually allow regular interest on the\\nmean amount for the preceding year in each of the funds created by this\\narticle, excepting the expense fund. The amount so allowed shall be\\npayable to said funds and shall be annually credited thereto by the\\nretirement board. All interest earned upon the entire amount of the\\nfunds belonging to the retirement system shall be used for this purpose,\\nunless the amount so earned is in excess of the requirements, in which\\ncase the excess amount shall be credited to the pension accumulation\\nfund. Any deficiency in the amount required to cover the interest\\nrequirements of the funds, exclusive of the pension accumulation fund,\\nshall be paid from the pension accumulation fund.\\n 3. Except as herein provided, no member nor employee of the retirement\\nboard shall have any interest direct or indirect in the gains or profits\\nof any investment made by the board nor as such directly or indirectly\\nreceive any pay or emolument for his services. And no member nor\\nemployee of the said board directly or indirectly, for himself or as an\\nagent or partner of others, nor a corporation of which he is an officer,\\nstockholder or member, shall borrow any of its funds or deposits or in\\nany manner use the same except to make such current and necessary\\npayments as are authorized by the board; nor shall any member or\\nemployee of said board become an endorser or surety or become in any\\nmanner an obligor for moneys loaned by or borrowed of the board. Nothing\\nherein contained shall be construed to prevent a member or an employee\\nof the retirement board, who is also a member of the retirement system,\\nfrom borrowing from his accumulated contributions in the retirement\\nsystem in accordance with section five hundred twelve-b of this article.\\n 4. The retirement board shall provide for maintenance of an individual\\naccount with each member showing the amount of the member's\\ncontributions and the interest accumulations thereon. It shall report\\nannually to each member who has furnished the board with a mailing\\naddress the accumulated contributions credited to such account together\\nwith the amount of service then credited to the member. It shall collect\\nand keep in convenient form such data as shall be necessary for the\\npreparation of the required mortality and service tables, and for the\\ncompilation of such other information as shall be required for the\\nactuarial valuation of the assets and liabilities of the various funds\\ncreated by this article. Upon the basis of the mortality and service\\nexperience of the members and beneficiaries of the system, the\\nretirement board from time to time shall adopt the tables to be used for\\nvaluation purposes and for determining the amount of annuities to be\\nallowed on the basis of the contributions of members.\\n 5. At such time as the retirement board may deem it necessary and at\\nleast once each quinquennial period, the retirement board shall have its\\nactuary prepare a report showing a complete valuation of the present and\\nprospective assets and liabilities of the various funds created by this\\narticle with the exception of the expense fund. The actuary shall make\\nan investigation of the mortality and service experience of the members\\nof the retirement system and shall report fully upon its conditions as\\nwell as estimated future investment earnings with such recommendations\\nas he shall deem advisable for the information of the retirement board\\nin the proper operation of the retirement system.\\n 6. The records of the retirement board shall be open to public\\ninspection.\\n 7. The retirement board shall publish annually a report showing the\\ncondition of the various funds created by this article, certifying to\\nthe accumulated cash and securities of the funds and giving an account\\nof the operation of the system.\\n 8. The retirement system may use a part of its funds, not exceeding\\nten per centum of its net assets, (1) for purchasing or leasing of land\\nwithin the county of Albany and the construction thereon of a suitable\\noffice building or buildings for the transaction of the business of the\\nretirement system and (2) for purchasing or leasing of land in the\\ncities of Albany, Binghamton, New York, Rochester and Utica and the\\nconstruction thereon of a suitable office building or buildings for\\npurposes of lease or sale to the state and (3) for purchasing or leasing\\nof land in locations approved by the state university trustees and the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof suitable buildings or facilities thereon for purposes of lease or\\nsale to the state university construction fund, such buildings or\\nfacilities to be used by the state university or by state-operated\\ninstitutions or statutory or contract colleges under the jurisdiction of\\nthe state university or by the students, faculty and staff of the state\\nuniversity or of any such state-operated institution or statutory or\\ncontract college, and their families.\\n The retirement system from time to time may lease to any public agency\\nany portion of a building constructed for the transaction of its\\nbusiness which may not be required for such purpose, upon such terms and\\nconditions as shall be deemed to be for the best interest of the\\nretirement system.\\n Real property of the retirement system acquired or constructed\\npursuant to this subdivision shall be exempt from taxation as provided\\nin the real property tax law.\\n 10. The retirement system may invest, within the limitations\\nauthorized for investments in conventional mortgages, a part of its\\nfunds in first mortgages on real property located anywhere within the\\nboundaries of the United States and leased to the government of the\\nUnited States, provided however, that no such investment shall be made\\nunless the terms of the mortgage shall provide for amortization payments\\nin an amount sufficient to completely amortize the loan within the\\nperiod of the lease.\\n 11. The funds of the retirement system may be invested in the purchase\\nof promissory notes or bonds from the farmers home administration issued\\nin connection with the purchase or improvement of real property and\\nwhich are insured by the farmers home administration.\\n 13. Where any benefit accruing under the provisions of this article is\\npayable to a minor, incompetent, or any other person under a legal\\ndisability and no guardian of the property, committee or other such\\nlegal representative is duly appointed within six months of the date the\\nbenefit accrues to such person, the retirement board shall be authorized\\nto adopt rules and regulations providing for a savings account to be\\nestablished for each such person to which shall be paid the amounts of\\nsuch benefits due and owing to such persons. Interest shall be credited\\nto each savings account established pursuant to this subdivision in the\\nsame manner and amount as is credited to the accumulated contributions\\nof members in their individual accounts in the annuity savings fund\\npursuant to this article. The funds in such accounts shall be payable,\\nwithin a reasonable time after proper notification to the system, to a\\nguardian of the property, committee or other such legal representative\\nafter such person is duly appointed or to the beneficiary once the legal\\ndisability is removed. A payment made pursuant to the provisions of this\\nsubdivision shall release the system from any liability whatsoever.\\n 14. The retirement board is hereby authorized to buy securities under\\nan agreement providing for the repurchase thereof. The retirement board\\nis also authorized to assign commitments to invest system funds pursuant\\nto an agreement providing for the subsequent purchase of such\\ninvestments. The securities purchased pursuant to this subdivision\\nshall meet the eligibility standards prescribed for such class of\\ninvestments.\\n 15. During the period ending June thirtieth, nineteen hundred\\nseventy-seven, the retirement board is authorized, in order to obtain\\nthe funds necessary to make investments without the conversion or sale\\nof securities it holds, to borrow an amount not exceeding the amount to\\nbe invested, upon such terms and conditions as the board, by resolution,\\nshall approve, which terms may include the pledge of any assets of such\\nsystem as may be necessary to secure the repayment of the amount\\nborrowed, provided that the total amount of such borrowing at no time\\nshall exceed five per centum of the system's assets.\\n 16. (a) The retirement system is authorized to photograph,\\nmicrophotograph, film, record, copy, image or otherwise reproduce all or\\nany part of its records by any process which accurately reproduces or\\nforms a durable medium for reproducing any original document or record.\\nWhenever the retirement system shall have so reproduced such records and\\nwhenever such reproductions or media have been placed in conveniently\\naccessible files and provision has been made for preserving, examining\\nand using the same, the retirement system may cause the original record\\nwhich has been so reproduced to be disposed of or destroyed.\\n (b) Any reproduction or reproduction from any media authorized\\npursuant to this subdivision shall have the same force and effect as the\\noriginals thereof would have had and shall be deemed to be an original\\nrecord for all purposes, including introduction in evidence in all\\ncourts or administrative agencies. Duly certified or authenticated\\ncopies of such reproductions shall be admitted in evidence equally with\\nthe original reproductions.\\n (c) A duly authorized representative of the retirement system is\\nhereby authorized to certify to the authenticity of any reproduction\\nherein authorized and the retirement system shall make such charges\\ntherefor as may be authorized by law.\\n 17. Any real estate interests acquired by the retirement system\\npursuant to this section, or pursuant to any other provision of law,\\nshall be conveyed to it directly by name, or may be taken in the name of\\na duly authorized nominee. The retirement system shall have the\\nauthority to organize corporations for the purpose of carrying out the\\nintent of this subdivision, and may make loans to said corporations for\\nthe purpose of operating, preserving, or otherwise servicing any\\nproperty being held by said corporations.\\n 18. Notwithstanding any other provision of this section, the\\nretirement board shall have the power to delegate to one or more\\ninvestment managers its authority to invest moneys belonging to the\\nretirement system. The term \"investment managers\" as used in this\\nsubdivision shall include but not be limited to independent contractors\\nselected by the retirement board.\\n 19. Whenever a statute requires that a document must be filed or\\nmoneys deposited with the system within a prescribed period of time or\\nby a specified date in order for a member to be eligible for service\\ncredit or a benefit from the system the document shall be deemed filed\\nor the moneys deposited with the system on the day they are mailed\\nthrough the United States postal service provided the mailing is by\\nregistered or certified mail or such other equivalent service provided\\nby the United States postal service as the retirement board may\\nspecifically permit by rule or regulation. Notwithstanding the\\nprovisions hereof, no such document shall be deemed filed or moneys\\ndeposited with the system on the day of mailing unless actually received\\nby the retirement system as a result of such mailing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "508-A", "title" : "New York state teachers' retirement system MWBE asset management and financial institution strategy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "508-A", "activeDate" : "2014-09-22", "sequenceNo" : 374, "repealedDate" : null, "fromSection" : "508-A", "toSection" : "508-A", "text" : " § 508-a. New York state teachers' retirement system MWBE asset\\nmanagement and financial institution strategy. 1. Within the discretion\\nof the retirement board and in accordance with and subject to its\\nfiduciary duties and obligations as trustees of the teachers retirement\\nsystem and to the members, retirees and beneficiaries of such system and\\nsuch other investment limitations as may be prescribed by this chapter,\\nthe retirement board is authorized to establish on MWBE asset management\\nand financial institution strategy pursuant to section four hundred\\ntwenty-three-c of the retirement and social security law including\\nreasonable goals for utilization of MWBE asset managers, MWBE financial\\ninstitutions and MWBE financial and professional services firms, as such\\nterms are defined in section one hundred seventy-six of the retirement\\nand social security law which strategy shall include, but shall not be\\nlimited to, the following objectives:\\n a. investing assets of the teachers' retirement system with MWBE asset\\nmanagers;\\n b. subject to best execution, (1) conducting trades of public equity\\nsecurities with MWBE financial institutions and (2) conducting trades of\\nfixed-income securities through MWBE financial institutions;\\n c. allocating investments of assets of the teacher's retirement system\\neither through (1) direct investments in the equities and debt\\nsecurities of MWBEs or (2) indirectly through special programs involving\\nMWBE asset managers; and\\n d. awarding contracts for accounting, banking, financial advisory,\\ninsurance, legal, research, valuation and other financial and\\nprofessional services to MWBE financial institutions and other MWBE\\nprofessional services firms.\\n As used in this section, the terms \"MWBE asset manager\", \"MWBE\\nfinancial institutions\", \"MWBE\", \"fidiuciary-controlled entities\", and\\n\"best execution\" shall have the meanings specified in section one\\nhundred seventy-six of the retirement and social security law, and shall\\nbe certified in a manner consistent with the provisions of subdivision\\nthree of section four hundred twenty-three-c of the retirement and\\nsocial security law.\\n 2. The retirement board is also authorized to:\\n a. periodically advertise the existence of such strategy so that MWBE\\nasset managers, MWBE financial institutions and other MWBE professional\\nservice firms are made aware of the opportunities made available\\npursuant to such strategy;\\n b. within sixty days of the end of each fiscal year following the\\neffective date of this section, the retirement board shall report to the\\ngovernor, legislature and the chief diversity officer of the state of\\nNew York on the participation of MWBE asset managers, MWBE financial\\ninstitutions and MWBE professional service providers in investment and\\nbrokerage transactions with or as providers of services for the\\nteachers' retirement system, including a comparative analysis of such\\nactivity relative to such activity with all asset managers, financial\\ninstitutions and professional service providers for the relevant period\\nand on the progress and success of the efforts undertaken during such\\nperiod to achieve the goals of such strategy. Each report shall be\\nsimultaneously published on the website of the teachers' retirement\\nsystem for not less than sixty days following its release to the\\ngovernor and the other recipients named above;\\n c. work with the other fiduciary-controlled entities to create a\\ndatabase of such MWBE entities; and\\n d. periodically, but not less than annually, hold a conference to\\npromote such strategy in conjunction with the other fiduciary-controlled\\nentities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "509", "title" : "Statements of teachers' service; determination of service creditable; service certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "509", "activeDate" : "2014-09-22", "sequenceNo" : 375, "repealedDate" : null, "fromSection" : "509", "toSection" : "509", "text" : " § 509. Statements of teachers' service; determination of service\\ncreditable; service certificates. 1. Under such rules and regulations as\\nthe retirement board shall adopt, each present teacher shall file a\\ndetailed statement of all service as a teacher and service in a similar\\ncapacity in other states rendered by him prior to the first day of\\nAugust, nineteen hundred twenty-one, for which he claims credit, and of\\nsuch other facts as the retirement board may require for the proper\\noperation of the retirement system.\\n 2. a. Each new entrant shall file a detailed statement of (1) service\\nas a teacher; (2) service in other states, territories, possessions and\\ncommonwealths of the United States, which would constitute service as a\\nteacher within the meaning of subdivision four of section five hundred\\none of this article had it been performed within New York state rendered\\nby him prior to so becoming a member; (3) governmental service in the\\nstate of New York where he was a member of the New York state and local\\nemployees' retirement system, and where such service was credited to him\\nin the said New York state and local employees' retirement system; (4)\\nservice with the New York city corrections department prior to nineteen\\nhundred fifty-six which would constitute service as a teacher within the\\nmeaning of subdivision four of section five hundred one of this article\\nhad it been performed in the employ of a public school in New York\\nstate; (5) such service that would have been creditable in one of the\\npublic retirement systems of the state, as defined in subdivision\\ntwenty-three of section five hundred one of the retirement and social\\nsecurity law, at the time the service was rendered, had the individual\\nbeen a member of such retirement system; (6) a statement as to the\\nnumber of years on account of which he desires to contribute; and (7)\\nsuch other facts as the retirement board may require for the proper\\noperation of the system.\\n b. No credit shall be allowed for service which has been credited in\\nany retirement system if the member on or after the effective date of\\nthis paragraph withdraws his contributions to such retirement system and\\nterminates his membership therein during the period in which his\\nmembership in such other system would have been valid and because of\\nsuch withdrawal or termination transfer of such credit from such other\\nretirement system cannot be made to the New York state teachers\\nretirement system pursuant to section five hundred twenty-two of this\\narticle.\\n c. No prior service claim will be allowed for any service for which\\nthe person is receiving a benefit or will be entitled to receive a\\nbenefit at any future time from some other public retirement system, in\\nthis state, in any other state or from the federal government.\\n 3. The retirement board shall fix and determine by appropriate rules\\nand regulations how much service in any year is the equivalent of a year\\nof service, but in computing such service or in computing average\\ncompensation, it shall credit no period of more than a month's duration,\\nduring which a member was absent without pay, nor shall more than one\\nyear of service be credited for all service in any calendar year.\\n 4. Subject to the above restrictions and to such other rules and\\nregulations as the retirement board shall adopt, said board shall verify\\nas soon as practicable the statement of service submitted.\\n 5. After the member has rendered at least two full years of service\\nsince he last became a member, upon verification of the statement of\\nservice submitted and receipt of any contribution required to be paid by\\nthe member pursuant to paragraph a of subdivision eight of this section,\\nthe retirement board shall credit the member with the length of such\\nprior service as set forth in (1), (3), (4) and (5) of paragraph a of\\nsubdivision two of this section and the aggregate length of such prior\\nservice not to exceed ten years as set forth in (2) of paragraph a of\\nsubdivision two of this section provided that in no case shall the\\nnumber of years of credited service outside the state of New York be\\nmore than the number of years of credited service within the state of\\nNew York.\\n 6. So long as membership continues, a prior service certificate shall\\nbe final and conclusive for retirement purposes as to such service\\nunless thereafter modified by the retirement board upon application made\\nby the member within one year after the date of issuance or modification\\nof a prior service certificate or upon the discovery by the retirement\\nboard of an error or fraud. When membership ceases, such certificate\\nshall be void. Should membership be resumed by the teacher, such teacher\\nshall enter the system as a new entrant, except as provided by\\nsubdivisions five and six of section five hundred eleven of this\\narticle.\\n 7. The total state service credited a member shall consist of the\\nservice as a teacher rendered by him since he last became a member, and\\nany prior service as set forth in (1), (3), (4) and (5) of paragraph a\\nof subdivision two of this section. The total service credited a member\\nshall consist of the service rendered by him as a teacher since he last\\nbecame a member and all credited prior service.\\n 8. a. Any member of the retirement system who is credited with at\\nleast two full years of teaching service rendered in the state since he\\nlast became a member may claim such uncredited prior service as set\\nforth in (2), (3), (4) and (5) of paragraph a of subdivision two of this\\nsection, pursuant to subdivision five of this section by paying to the\\nretirement board four per centum of the salaries earned for the years\\nclaimed and such uncredited prior service as set forth in (1) of\\nparagraph a of subdivision two of this section by paying to the\\nretirement board the amount he would have been required to contribute at\\nthe time such service was rendered, not to exceed four per centum of the\\nsalaries earned for the years claimed. The amount due, if any, for such\\nservice shall be deposited with the retirement board prior to retirement\\nin accordance with the requirements of this article and the regulations\\nof the retirement board. The retirement board, upon verification of the\\nclaim and payment made, shall credit such member with such service.\\n Notwithstanding any other provision of this paragraph, any member who\\nlast joined the retirement system prior to July twenty-seventh, nineteen\\nhundred seventy-six and who did not receive credit with the retirement\\nsystem prior to July first, nineteen hundred eighty-eight for prior\\nservice, may obtain credit for prior service pursuant to the provisions\\nof this section or pursuant to the provisions of subdivision b of\\nsection four hundred forty-six of the retirement and social security\\nlaw, whichever is applicable, without making the payments required by\\nthis paragraph.\\n b. Any member who applies for superannuation retirement and who on\\njoining the system claimed and paid for all his uncredited service,\\nshall be reclassified as a \"present teacher\" and shall be credited with\\nall state teaching service rendered before the first day of August,\\nnineteen hundred twenty-one, provided he was a teacher on or before the\\nfirst day of August, nineteen hundred twenty-one, and provided that he\\nis credited with at least fifteen years of teaching service rendered in\\nthe state and has not ceased teaching for a period in excess of five\\nyears in any period of ten consecutive years since the first day of\\nAugust, nineteen hundred twenty-one, and provided that his membership\\nhas been continuous since first joining the system and that he would\\nhave been entitled to the status of \"present teacher\" and to the credit\\nfor service rendered prior to the first day of August, nineteen hundred\\ntwenty-one, had he applied for membership and claimed such credit at the\\ntime he was given the privilege so to do. Any such member who claimed\\nand paid for service rendered prior to the first day of August, nineteen\\nhundred twenty-one, shall, upon being reclassified as a \"present\\nteacher\", have the amount so paid applied on the payment for uncredited\\nservice rendered on and after the first day of August, nineteen hundred\\ntwenty-one, and the balance if any, shall be refunded to the member.\\n c. After the member retires, the next ensuing contribution of the\\nemployers, collected in the manner provided in subdivision two of\\nsection five hundred twenty-one, shall be increased by the lump sum\\nactuarial cost to the employers attributable to such prior service\\ncredit as is granted to members who retire under the provisions of this\\nsubdivision, computed on the basis of the mortality tables and interest\\nrate applicable to members at the time of retirement. The proper funds\\nshall be credited with the amount of such contributions, and such amount\\nof pension shall be charged to the amount so collected.\\n 9. No final determination made by the system with respect to benefits\\nprovided by the system, or matters related thereto, shall be subject to\\nreview in any court of the state of New York, except as provided in\\narticle seventy-eight of the civil practice law and rules.\\n 10. Notwithstanding any other provision of law to the contrary, any\\nlaw insofar as and to the extent it shall establish or affect a benefit\\nprovided by the system shall be deemed to have been in full force and\\neffect on the earlier of the effective date provided for in such law or\\nthe thirtieth day of June of the calendar year of enactment by the\\nlegislature, unless such law expressly provides that it shall not be\\nsubject to this subdivision.\\n 11. Notwithstanding any other provision of law to the contrary, a\\nmember of the retirement system subject to this article or article\\nfourteen or fifteen of the retirement and social security law who,\\nsubsequent to such member's date of membership in the retirement system,\\nrendered service which was credited in another public retirement system\\nof the state but thereafter failed to make timely transfer of such\\nmembership to the retirement system prior to the time the membership in\\nsuch other public retirement system ceased by reason of: a. insufficient\\nservice; b. withdrawal of accumulated contributions; or c. withdrawal of\\nmembership, may obtain credit for such service on the same basis and in\\nthe same manner as if such service had been rendered prior to such\\nmember's date of membership in the retirement system.\\n * 12. Notwithstanding any other provision of law, any member eligible\\nto purchase credit for previous service with a public employer pursuant\\nto this section or to purchase credit for military service pursuant to\\narticle twenty of the retirement and social security law, may elect to\\npurchase any or all of such service by executing a periodic payroll\\ndeduction agreement where and to the extent such elections are permitted\\nby the retirement system by rule or regulation. Such agreement shall set\\nforth the amount of previous service or military service being\\npurchased, the estimated total cost of such service credit, and the\\nnumber of payroll periods in which such periodic payments shall be made.\\nSuch agreement shall be irrevocable, shall not be subject to amendment\\nor modification in any manner, and shall expire only upon completion of\\npayroll deductions required therein. Notwithstanding the foregoing, any\\nmember who has entered into such a payroll deduction agreement and who\\nterminates employment prior to the completion of the payments required\\ntherein shall be credited with any service as to which such member shall\\nhave paid the contributions required under the terms of the agreement.\\n * NB Takes effect upon notice of ruling by Internal Revenue Service --\\nexpires per ch. 627/2007 §22\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "510", "title" : "Superannuation retirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "510", "activeDate" : "2014-09-22", "sequenceNo" : 376, "repealedDate" : null, "fromSection" : "510", "toSection" : "510", "text" : " § 510. Superannuation retirement. 1. Retirement upon a superannuation\\nallowance shall be made under the following conditions:\\n a. A member who has completed twenty-five years of total credited\\nservice and who has attained the age of sixty years or over while in\\nservice, or any member who has completed thirty-five years of total\\ncredited service shall be retired, if he files with the retirement board\\na statement duly attested setting forth at what time not less than\\nthirty days nor more than ninety days subsequent to the execution and\\nfiling thereof he desires such retirement.\\n b. Any member who has attained age seventy may be retired at his own\\nrequest or at the request of his employer if he or his employer files\\nwith the retirement board a statement duly attested setting forth at\\nwhat time subsequent to the execution and filing thereof retirement is\\ndesired, and if throughout the year immediately preceding the filing of\\nsuch statement he shall have been in service as a teacher in this state.\\nThe retirement board shall retire said member as of the date so\\nspecified or as of such other time within thirty days thereafter as the\\nretirement board may find advisable.\\n 2. Upon superannuation retirement a member shall receive a\\nsuperannuation retirement allowance which shall consist of:\\n a. An annuity which shall be the actuarial equivalent of his\\naccumulated contributions at the time of his retirement, and\\n b. A pension of one quarter (1/4) of his final average salary or if\\nhis total service is less than twenty-five years, a pension of one\\none-hundredth (1/100) of his final average salary multiplied by the\\nnumber of years of total service, and\\n c. A further pension of one one-hundred fortieth (1/140) of his final\\naverage salary multiplied by the number of years of total state service\\nin excess of thirty-five years, and\\n d. If the member be a present teacher, a further pension of one\\none-hundred fortieth (1/140) of his final average salary multiplied by\\nthe number of years of total service certified on his prior service\\ncertificate, and\\n e. If the member has contributed pursuant to paragraph c of\\nsubdivision three of section five hundred sixteen, a further pension of\\none one-hundred twentieth (1/120) of his final average salary for each\\nyear of total service in excess of twenty-five years but not in excess\\nof thirty-five years, nor in excess of the number of years for which\\ncredit is allowed under paragraph d of subdivision three of section five\\nhundred sixteen, and\\n f. A further pension, of such amount as shall be required to bring the\\ntotal retirement allowance of members with twenty-five or more years of\\nstate service up to four hundred dollars per annum, and\\n g. The provision of paragraph (c) of subdivision two of this section\\nshall apply only to members retiring on and after the date on which\\nparagraph (c) of subdivision two of this section becomes operative.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "511", "title" : "Disability retirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "511", "activeDate" : "2014-09-22", "sequenceNo" : 377, "repealedDate" : null, "fromSection" : "511", "toSection" : "511", "text" : " § 511. Disability retirement. 1. Retirement on account of disability\\nshall be made under the following conditions: A member who has completed\\nat least fifteen years of total state service or a member who is a\\npresent teacher and who has completed twenty years of service, the last\\nten of which were state service, may be retired on account of disability\\neither upon the application of his employer or upon his own application\\nor that of a person acting in his behalf, if the retirement board, after\\na medical examination of said member by a physician or physicians\\ndesignated by said board shall determine upon the basis of a report\\nsubmitted by said physician or physicians that the said member is\\nphysically or mentally incapacitated for the performance of duty, that\\nhe was incapacitated at the time he ceased teaching and that said member\\nought to be retired.\\n 2. On retirement for disability, a member shall receive a\\nsuperannuation retirement allowance if his state service is twenty-five\\nor more years and he has attained age sixty or if his total service is\\nthirty-five or more years; otherwise, he shall receive a disability\\nretirement allowance which shall consist of:\\n a. An annuity which shall be the actuarial equivalent of his\\naccumulated contributions at the time of his retirement; and\\n b. A pension of one-fifth (1/5) of his final average salary, with the\\nexception that in no case shall the rate of such pension exceed\\nfour-fifths (4/5) of the rate of pension to which he might have been\\nentitled had retirement been deferred until the age of seventy as\\nprovided under paragraph b of subdivision one of section five hundred\\nten; and\\n c. If he be a present teacher, a further pension of one one-hundred\\nfortieth (1/140) of his final average salary multiplied by the number of\\nyears of total service certified on his prior service certificate, and\\n d. If the member has contributed pursuant to paragraph c of\\nsubdivision three of section five hundred sixteen, a pension, in lieu of\\nthe pension provided under paragraph b of subdivision two of this\\nsection, of nine-tenths (9/10) of one one-hundredth (1/100) of his final\\naverage salary multiplied by the number of years of total service not in\\nexcess of twenty-five years, but not less than twenty (20) per centum of\\nhis final average salary, plus nine-tenths (9/10) of one one-hundred\\ntwentieth (1/120) of his final average salary multiplied by the number\\nof years of total service in excess of twenty-five years but not in\\nexcess of thirty-five years, nor in excess of the number of years for\\nwhich credit is allowed under paragraph d of subdivision three of\\nsection five hundred sixteen.\\n 3. On and after July first, nineteen hundred seventy, a member who has\\ncredit for ten years of full time state service, including at least two\\nyears of such service rendered subsequent to June thirtieth, nineteen\\nhundred sixty-seven and subsequent to the date upon which he last joined\\nthe retirement system and who is under age fifty-five, and otherwise\\nmeets the requirements of subdivision one of this section, may be\\nretired on account of disability by the filing of an application with\\nthe retirement board as required by subdivision one of this section.\\nUpon such retirement, he shall receive, in lieu of the retirement\\nallowance specified in subdivision two of this section and the pension\\nfor increased-take-home-pay otherwise authorized in this article, a\\ndisability retirement pension consisting of:\\n a. a pension of one-sixtieth of his final average salary multiplied by\\nthe number of his years of credited state service rendered after June\\nthirtieth, nineteen hundred fifty-nine and\\n b. a pension of one-seventieth of his final average salary multiplied\\nby the number of his years of credited state service rendered before\\nJuly first, nineteen hundred fifty-nine and\\n c. a pension of one one-hundred twentieth of his final average salary\\nmultiplied by the number of his years of credited out-of-state service.\\n In no event shall the disability pension be less than one-sixtieth of\\nthe member's final average salary multiplied by the number of years of\\ntotal service, not to exceed twenty, which would have been credited to\\nthe member had he remained in service until age sixty; provided,\\nhowever, that for members who are credited with service prior to July\\nfirst, nineteen hundred fifty-nine, the minimum pension as so determined\\nshall be reduced by one quarter of one per cent of final average salary\\nmultiplied by the number of his years of service prior to July first,\\nnineteen hundred fifty-nine.\\n On retirement for disability, in addition to the pension hereinabove\\nprovided, a member shall receive an annuity which shall be the actuarial\\nequivalent of his accumulated contributions at the time of his\\nretirement.\\n On and after July first, nineteen hundred seventy-seven, a member who\\nis age fifty-five or over and who otherwise meets the requirements of\\nthis subdivision, shall receive on retirement for disability the\\nretirement allowance he would have received had he filed for a service\\nretirement.\\n On or after October sixteenth, nineteen hundred ninety-two, the\\ndisability pension shall in no event be less than:\\n a. in the case of a member under age sixty, the greater of (i)\\none-sixtieth of the member's final average salary multiplied by the\\nnumber of years of total service, which formula is to be used if the\\npension so computed exceeds one-third of the member's final average\\nsalary, or (ii) one-sixtieth of the member's final average salary\\nmultiplied by the number of years of total service, not to exceed\\ntwenty, which would have been credited to the member had he remained in\\nservice until age sixty; or\\n b. in the case of a member age sixty or over, one-sixtieth of the\\nmember's final average salary multiplied by the number of years of total\\nservice.\\n Notwithstanding anything to the contrary in this article, any member\\nwho shall receive a disability retirement allowance pursuant to this\\nsubdivision shall be required once each year or at such other interval\\nas the retirement board may determine to undergo a medical examination\\nby a physician or physicians designated by the retirement board. Should\\nany disability beneficiary refuse to submit to a medical examination,\\nhis retirement allowance shall be discontinued until his withdrawal of\\nsuch refusal, and should refusal continue for one year all rights in and\\nto his pension shall be forfeited.\\n In the case of persons who last became members on or after July first,\\nnineteen hundred seventy-three, the provisions of this subdivision shall\\napply only until July first, nineteen hundred seventy-four.\\n 4. Once each year or at such other interval as the retirement board\\nmay determine, following the retirement of a teacher who joined the New\\nYork state teachers retirement system on or after July first, nineteen\\nhundred sixty-one, on a disability allowance, or once each year during\\nthe first five years following the retirement of the teacher who joined\\nthe New York state teachers retirement system prior to July first,\\nnineteen hundred sixty-one, on a disability allowance the retirement\\nboard may, and upon his application shall, require any disability\\nbeneficiary to undergo medical examination by a physician or physicians\\ndesignated by the retirement board. Should any disability beneficiary\\nrefuse to submit to a medical examination, his retirement allowance\\nshall be discontinued until his withdrawal of such refusal, and should\\nsuch refusal continue for one year, all his rights in and to his pension\\nshall be forfeited.\\n 5. Should the physician or physicians designated by the retirement\\nboard report and certify to the retirement board that such disability\\nbeneficiary is engaged in or is able to engage in a gainful occupation\\npaying more than the difference between his retirement allowance and his\\nfinal average salary, and should the retirement board concur in such\\nreport, then the amount of his pension shall be reduced to an amount\\nwhich, when added to the amount earnable by him, together with his\\nannuity shall equal the amount of his final average salary. Should his\\nearning capacity be later changed, then the amount of his pension may be\\nfurther altered; provided, that the new pension shall not exceed the\\namount of the pension originally granted nor an amount which when added\\nto the amount earned by the beneficiary, together with his annuity\\nequals the amount of his final average salary. A beneficiary restored to\\nactive service at a salary less than the final average salary or upon\\nthe basis of which he was retired shall not become a member of the\\nretirement system while receiving a reduced pension. Notwithstanding any\\nother provision of this article, the term \"final average salary\" as used\\nin this subdivision four, shall mean either \"final average salary\" as\\ndefined by subdivision eleven of section five hundred one, or the\\nmaximum salary or compensation which the retired member currently would\\nbe receiving in the position from which he was last retired for\\ndisability, if he had not been so retired, whichever is greater,\\nprovided, however, that if the position from which he was so retired has\\nbeen abolished, the retirement board, upon the basis of salary or\\ncompensation currently paid by the retired member's last employer to\\npersons in similar or comparable position, shall determine, for the\\npurposes of this subdivision four, the maximum amount of salary or\\ncompensation which such retired member currently would be receiving in\\nsuch position.\\n 6. Should a disability beneficiary be restored to active service at a\\nsalary as great as his final average salary, his retirement allowance\\nshall cease, and he shall again become a member of the retirement\\nsystem, and his annuity reserve shall be transferred from the annuity\\nreserve fund to the annuity savings fund and credited to his individual\\naccount as a part of his accumulated contributions in the latter fund,\\nand he shall contribute to the said fund thereafter in the same manner\\nand at the same rate as he paid prior to his disability. His prior\\nservice certificate on the basis of which his service was computed at\\nthe time of his retirement shall be renewed and shall again be in full\\nforce and effect, and in addition, upon his subsequent retirement, he\\nshall be credited with all his service as a member subsequent to the\\nperiod covered by his prior service certificate.\\n 7. The retirement board shall adopt appropriate rules and regulations\\nproviding for the reimbursement of reasonable expenses actually incurred\\nby a member in attending medical examinations by physicians designated\\nby the retirement board pursuant to this section. After determining the\\nreasonableness thereof, the retirement board shall approve payment of\\nsuch expenses from the expense fund.\\n 8. a. Notwithstanding any other provision of law to the contrary, a\\nmember who has applied for disability retirement pursuant to this\\nsection, or, in the case of a member subject to article fifteen of the\\nretirement and social security law, pursuant to section six hundred five\\nof such law and has validly elected the applicable optional allowance\\nspecified in paragraph e of this subdivision and is otherwise eligible\\nto retire for disability pursuant to the provisions of this section\\nshall be entitled to the benefits of this subdivision in lieu of any\\npre-retirement death benefit which otherwise would have been payable,\\nbut for the operation of this subdivision. Such member shall be deemed\\nto have elected the benefits of this subdivision unless the member shall\\nhave indicated in a manner prescribed by the retirement board that the\\nmember does not wish to avail himself of such benefits.\\n b. In the event such member dies, and such application for disability\\nretirement has not become effective and has not been rejected, and it is\\ndetermined by the retirement board, upon recommendation of the medical\\nboard, that the physical or mental incapacitation specified in such\\napplication was directly related to the cause of the member's death,\\nsuch application shall be deemed approved by the retirement board,\\neffective one day prior to the date of the member's death. In such\\nevent, the optional allowance elected by such member shall be effective\\nand no pre-retirement death benefit shall be payable.\\n c. In the event no optional allowance specified in paragraph e of this\\nsubdivision was elected by the member, or it is determined by the\\nretirement board, upon recommendation of the medical board, that the\\nphysical or mental incapacitation specified in such application was not\\ndirectly related to the cause of the member's death, this subdivision\\nshall not apply and the applicable pre-retirement death benefit, if any,\\nshall be payable.\\n d. If a member satisfying the provisions of paragraph a of this\\nsubdivision is, at the time the member files an application for\\ndisability retirement, eligible to retire for service under this\\narticle, the member may simultaneously apply for service retirement,\\nprovided the member indicates the application for disability retirement\\nis without prejudice to the member's application for service retirement.\\nUpon retirement for service, the member's application for disability\\nretirement shall be deemed cancelled.\\n e. An eligible optional allowance for the purposes of this subdivision\\nshall only include Option one and Option four pursuant to section five\\nhundred thirteen of this article in the case of a member who has applied\\nfor disability retirement pursuant to this section, and the Alternative\\nOption pursuant to subdivision a-one of section six hundred ten of the\\nretirement and social security law in the case of a member who has\\napplied for disability retirement pursuant to section six hundred five\\nof such law, provided that in the case of Option four and the\\nAlternative Option, the optional allowance elected by the member must\\nprovide only for the payment upon the member's death of a lump sum and\\nsuch lump sum must be greater in amount than the amount of the death\\nbenefit, if any, which would have been paid but for the operation of\\nthis subdivision.\\n f. The retirement board is authorized to adopt such rules and\\nregulations as it deems necessary to implement the provisions of this\\nsection.\\n 9. a. Any law to the contrary notwithstanding, a member who satisfies\\nthe requirements of paragraph b of this subdivision and is otherwise\\neligible (disregarding any service requirement) to retire for disability\\npursuant to this section or section five hundred six or six hundred five\\nof the retirement and social security law, as applicable, may elect to\\nreceive a benefit equal to the death benefit which would have been paid,\\nhad such member died on the member's last day on the payroll in full pay\\nstatus, pursuant to section five hundred twelve of this article or\\nsection four hundred forty-eight, five hundred eight or six hundred six\\nof the retirement and social security law, as applicable.\\n b. To be eligible for the benefit provided in paragraph a of this\\nsubdivision, a member must have been determined by the system to have\\n(i) a terminal illness resulting in a life expectancy of no more than\\ntwelve months, or (ii) a medical condition of a long continued and\\nindefinite duration requiring extraordinary care or treatment regardless\\nof life expectancy.\\n c. The benefit provided in paragraph a of this subdivision shall be in\\nlieu of any disability benefit to which the member may otherwise be\\nentitled. A member who is otherwise eligible to retire for disability\\nmust elect the benefit provided in paragraph a of this subdivision no\\nlater than the thirtieth day following the day on which (i) the system\\nnotifies the member that the member has been retired for disability, or\\n(ii) the member is first eligible to commence receiving a disability\\nretirement benefit, whichever is later. Such election, when made, shall\\nbe irrevocable.\\n d. Except as provided in this paragraph, a member electing the benefit\\nprovided in paragraph a of this subdivision shall for all purposes be\\ndeemed to have been retired for disability. Notwithstanding the\\nforegoing, should a member who has elected the benefit provided in\\nparagraph a of this subdivision thereafter be restored to active service\\nand again become a member of the system,\\n (i) no death benefit shall be payable pursuant to section five hundred\\ntwelve of this article or section four hundred forty-eight, five hundred\\neight or six hundred six of the retirement and social security law, as\\napplicable in the event of the member's subsequent death, and\\n (ii) unless such member shall have rendered five years of credited\\nservice since last becoming a member of the system, any retirement\\nbenefit to which such member may thereafter become entitled shall be\\nreduced by the actuarial value of the benefit paid pursuant to paragraph\\na of this subdivision (less the actuarial value of any applicable\\npost-retirement death benefit which would have been available, but for\\nthis paragraph).\\n e. The retirement board is authorized to adopt such rules and\\nregulations as it may deem necessary to implement the provisions of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "511-A", "title" : "Special service retirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "511-A", "activeDate" : "2014-09-22", "sequenceNo" : 378, "repealedDate" : null, "fromSection" : "511-A", "toSection" : "511-A", "text" : " § 511-a. Special service retirement. 1. Retirement upon a special\\nservice retirement allowance shall be made under the following\\nconditions: Any member, by written notice duly acknowledged and filed\\nwith the retirement board before the first day of July, nineteen hundred\\nsixty-seven, or within two years after he last became a member,\\nwhichever is later, may elect to contribute pursuant to this section on\\nthe basis of retirement at an age within five years of the age when he\\nwould be eligible for superannuation retirement as provided under\\nsubdivision one of section five hundred ten, but not before age\\nfifty-five. After such election the rate of deduction from the earnable\\ncompensation of the contributor shall be six and one-half per centum if\\nhis normal rate as provided under section five hundred sixteen is four\\nper centum, and shall be eight per centum if such normal rate is five\\nper centum. Where a member elects to contribute pursuant to this\\nsection, contributions at such higher rate shall be made from the first\\nday of July, nineteen hundred sixty-seven, or from the first of the\\nmonth following the expiration of thirty days subsequent to the filing\\nof his election, whichever is later. If, at the time of retirement, the\\nmember's accumulated contributions are insufficient to provide an\\nannuity equal to the pension provided under paragraph b of subdivision\\nfour of this section, he shall have the privilege of paying into the\\nretirement system by a single payment the amount required in addition to\\nhis accumulated contributions to provide an annuity equal to said\\npension.\\n 2. One year or more after the filing thereof, a member may withdraw\\nhis election to contribute pursuant to this section on the basis of\\nspecial service retirement. Such withdrawal shall be by written notice\\nduly acknowledged and filed with the retirement board. Such member\\nthereafter shall contribute on the basis of his rate of normal\\ncontribution. Such member, upon application at any time prior to\\nretirement and with the approval of the retirement board, shall be\\nentitled to a refund of the amount of his contributions and regular\\ninterest thereon, which is in excess of the amount of the accumulated\\ncontributions which he would then have to his credit had he been\\ncontributing on the basis of his rate of normal contribution.\\n 3. Any member electing to contribute towards a special service\\nretirement allowance under the provisions of this section, who has\\nattained age fifty-five or over while in service, shall be eligible to\\nretire at any time within five years before the date he would be\\neligible for superannuation retirement as provided under subdivision one\\nof section five hundred ten, if he files with the retirement board a\\nstatement duly attested setting forth at what time not less than thirty\\ndays nor more than ninety days subsequent to the execution and filing\\nthereof he desires such retirement.\\n 4. Upon special service retirement, a member shall receive a special\\nservice retirement allowance which shall consist of:\\n a. An annuity which shall be the actuarial equivalent of his\\naccumulated contributions at the time of his retirement, and\\n b. A pension of one quarter of his final average salary or if his\\ntotal service is less than twenty-five years, a pension of one\\none-hundredth of his final average salary multiplied by the number of\\nyears of total service, and\\n c. If the member be a present teacher, a further pension of one\\none-hundred fortieth of his final average salary multiplied by the\\nnumber of years of total service certified on his prior service\\ncertificate, and\\n d. If the member has contributed pursuant to paragraph c of\\nsubdivision three of section five hundred sixteen, a further pension of\\none one-hundred twentieth (1/120) of his final average salary multiplied\\nby the number of years of total service in excess of twenty-five years\\nbut not in excess of thirty-five years, nor in excess of the number of\\nyears for which credit is allowed under paragraph d of subdivision three\\nof section five hundred sixteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "512", "title" : "Withdrawal and death benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-06-05", "2021-03-19", "2022-04-29", "2022-12-30", "2025-01-10" ], "docLevelId" : "512", "activeDate" : "2014-09-22", "sequenceNo" : 379, "repealedDate" : null, "fromSection" : "512", "toSection" : "512", "text" : " § 512. Withdrawal and death benefits. Benefits upon withdrawal and\\ndeath shall be payable as follows:\\n a. A member who withdraws from service or ceases to be a teacher for\\nany cause other than death or retirement shall be paid on demand the\\naccumulated contributions standing to the credit of his individual\\naccount in the annuity savings fund. A member who has no accumulated\\ncontributions credited to his individual account in the annuity savings\\nfund and who ceases to be a teacher for any cause other than death or\\nretirement may withdraw from membership in the system by filing a notice\\nof withdrawal with the system pursuant to rules and regulations adopted\\nby the retirement board.\\n b. 1. Should a contributor die before retirement, his accumulated\\ncontributions shall be paid to his estate or to such person as he shall\\nhave nominated to receive such benefit. In the event such designated\\nbeneficiary does not survive him, or if he shall not have so designated\\na beneficiary, such benefit shall be payable to the deceased member's\\nestate or as provided in section one hundred three-a of the decedent\\nestate law. Such nomination must be by written designation duly executed\\nand filed with the retirement board.\\n 2. In addition to the return of accumulated contributions, a death\\nbenefit also shall be payable upon the death of a member who dies before\\nthe effective date of his retirement, and was in service upon which his\\nmembership was based when he died or was on the payroll in such service\\nand paid within a period of twelve months prior to his death and had not\\nbeen otherwise gainfully employed since he ceased to be on such payroll\\nor if, during the period that membership is valid, the retirement board\\nshall determine to its satisfaction that said member was physically or\\nmentally incapacitated for the performance of duty at the time he ceased\\nto be on the payroll in such service and that he had been so\\nincapacitated and had not been otherwise gainfully employed since he\\nceased to be on such payroll; provided he had credit for one or more\\nyears of service while actually a member. The amount of death benefit\\nshall be computed by multiplying one twelfth of the compensation\\nearnable by such member during his last twelve months of service while a\\nmember by the number of years, not to exceed twelve, of his total credit\\nfor service as a teacher in this state. Where the member has more than\\ntwelve years of credited service as a teacher in this state and when his\\ndeath occurs on or after July first, nineteen hundred sixty-one, and\\nbefore July first, nineteen hundred seventy-four, there shall be added\\nto such benefit one twenty-fourth of such compensation multiplied by the\\nnumber of years in excess of twelve, but not to exceed twenty-four such\\nyears, of his total credit for service as a teacher in the state. The\\ndeath benefit shall be paid to such person as he shall have nominated to\\nreceive such benefit. In the event such designated beneficiary does not\\nsurvive him, or if he shall not have so designated a beneficiary, such\\nbenefit shall be payable to the deceased member's estate or as provided\\nin section one hundred three-a of the decedent estate law. Such\\nnomination must be by written designation duly executed and filed with\\nthe retirement board. The provisions of this paragraph two of\\nsubdivision b of this section shall apply only to deaths occurring on\\nand after July first, nineteen hundred fifty-nine.\\n 3. Notwithstanding any other provisions of this article or any rules\\nor regulations adopted thereunder by the retirement board, the death\\nbenefit payable pursuant to paragraph two of this subdivision, in the\\ncase of a member who dies after having become eligible to apply and be\\nretired for special service or superannuation pursuant to the provisions\\nof this article, shall be increased by the amount, if any, that the\\nactuarial equivalent of the pension portion of his retirement allowance,\\ncomputed as if he had been retired on the day immediately preceding his\\ndeath, and computed in accordance with the provisions of subdivision two\\nof section five hundred ten and subdivision four of section five hundred\\neleven-a of this article, exceeds the amount of the death benefit\\notherwise payable pursuant to paragraph two of this subdivision. The\\nprovisions of this paragraph three of subdivision b of this section\\nshall apply only to deaths occurring after the date on which said\\nparagraph three becomes operative and prior to July first, nineteen\\nhundred seventy-four.\\n 4. Notwithstanding any other provision of this article, the\\nrequirement of one or more years of credited service, as set forth in\\nparagraph two of this subdivision, shall be deemed to have been\\nsatisfied by any member who has credit for three or more months of\\nservice rendered since last becoming a member. The provisions of this\\nparagraph shall apply only to deaths occurring after June thirtieth,\\nnineteen hundred seventy and before July first, nineteen hundred\\nseventy-five.\\n 5. Notwithstanding any other provision of this article, the death\\nbenefit payable pursuant to paragraph two of this subdivision shall be\\nincreased by the excess, if any, of the greater of a or b over the sum\\nof c and d, where a, b, c and d are as set forth hereunder:\\n a. One-twelfth of the member's compensation multiplied by the number\\nof years, not to exceed thirty-six, of his total credited state service.\\n b. The lesser of three times the member's compensation or twenty\\nthousand dollars.\\n c. The death benefit which, in accordance with the provisions of\\nparagraph two of this subdivision, is payable in addition to the return\\nof accumulated contributions.\\n d. The reserve for increased-take-home-pay.\\n The term \"compensation\", as used in this subparagraph, shall mean (1)\\nin the case of a member who has credit for one or more years of service\\nrendered since last becoming a member, the compensation earned by such\\nmember during his last twelve months of service, and (2) in the case of\\na member who has credit for less than one year of service rendered since\\nlast becoming a member, it shall mean his annual rate of compensation at\\nthe time of his death. The provisions of this paragraph shall apply only\\nto deaths occurring after June thirtieth, nineteen hundred seventy and\\nbefore July first, nineteen hundred seventy-five. The additional death\\nbenefits payable hereunder shall be construed as being payable under\\nparagraph two of this subdivision for the purpose of computing benefits\\npayable under paragraph three of this subdivision.\\n c. The member or, within ninety days after his death, the person\\nnominated by him to receive any benefit payable on his account, may file\\nwith the retirement board a written designation, duly executed,\\nproviding that such benefit shall be paid in the form of an annuity to\\nthe person so nominated. Such annuity shall be determined as the\\nactuarial equivalent of the benefit otherwise payable, on the basis of\\nthe interest rate and the mortality tables adopted by the retirement\\nboard for use in the calculations of such annuities. Such annuity shall\\nbe payable throughout the life of the person so nominated, with no\\npayments at his death unless the member or, within ninety days after his\\ndeath, the person nominated by him to receive his benefit, shall elect\\nto have the actuarial equivalent of such annuity paid in the form of a\\nreduced annuity payable for life with the provision that if the person\\nso nominated should die before the annuity payments received by him are\\nequal to such actuarial equivalent, the balance thereof shall be paid in\\na lump sum to such beneficiary's estate or to such person as such member\\nor his nominee shall have designated. Such designation of a beneficiary\\nto receive such benefit may be made or changed at any time by the person\\nwho made it. Such election or change shall be made by written\\ndesignation duly executed and filed with the retirement board.\\nNotwithstanding the foregoing provisions, the retirement board reserves\\nthe right to pay any benefit in the form of a lump sum payment if the\\nannuity determined as the actuarial equivalent of the benefit otherwise\\npayable is less than one hundred dollars per month.\\n d. 1. The retirement board may adopt rules and regulations providing\\nthat a trustee of an inter vivos or testamentary trust shall be eligible\\nto be nominated to receive a lump sum benefit pursuant to subdivision b\\nof this section.\\n 2. Any proceeds received by a trustee under this section shall not be\\nsubject to the debts of the member or to transfer or estate taxes to any\\ngreater extent than if such proceeds were payable to the beneficiaries\\nnamed in the trust and not to the estate of the member.\\n 3. A payment made in good faith under this section to either a\\ndesignated trustee of an inter vivos trust, a successor trustee of an\\ninter vivos trust who provides a copy of his appointment or a trustee of\\nsuccessor trustee of a testamentary trust who provides a copy of the\\nletters of trusteeship shall be a complete discharge to the system to\\nthe extent of the payment.\\n 4. If no qualified trustee claims the proceeds within eighteen months\\nafter the death of the member, or if satisfactory evidence is furnished\\nwithin such period showing that there is or will be no trustee to\\nreceive the proceeds, payment shall be made to the deceased member's\\nestate.\\n e. Notwithstanding any other provision of law, a member with ten or\\nmore years of credited service in such system who dies before a\\nretirement benefit becomes payable and who is otherwise not entitled to\\na death benefit from the retirement system shall be deemed to have died\\non the last day that he or she was in service upon which his or her\\nmembership was based for purposes of eligibility for the payment of a\\ndeath benefit pursuant to the provisions of this section. The death\\nbenefit payable in such case shall be one-half of that which would have\\nbeen payable had such member died on the last day that service was\\nrendered.\\n f. Notwithstanding the provisions of any other law to the contrary and\\nsolely for the purpose of determining eligibility for the death benefit\\npayable pursuant to this section, a person subject to this section shall\\nbe considered to have died while in teaching service provided such\\nperson was in such service at the time he or she was ordered to active\\nduty pursuant to Title 10 of the United States Code, with the armed\\nforces of the United States or to service in the uniformed services\\npursuant to Chapter 43 of Title 38 of the United States Code and died\\nwhile on such active duty or service in the uniformed services on or\\nafter June fourteenth, two thousand five. Provided, further, that any\\nsuch person ordered to active duty pursuant to Title 10 of the United\\nStates Code, with the armed forces of the United States or to service in\\nthe uniformed servicers pursuant to Chapter 43 of Title 38 of the United\\nStates Code who died prior to rendering the minimum amount of service\\nnecessary to be eligible for this benefit shall be considered to have\\nsatisfied the minimum service requirement.\\n g. Notwithstanding any other provision of law to the contrary, any\\nmember of the retirement system subject to article fourteen or fifteen\\nof the retirement and social security law who has permanently ceased\\nteaching shall have the right to elect the return of his or her\\naccumulated contributions and thereby terminate his or her membership in\\nthe retirement system without regard to the amount of service to his or\\nher credit, provided a public employee retirement system in another\\nstate has certified in a manner satisfactory to the system that such\\nmember is a member of such other retirement system, has at least five\\nyears of retirement credit in such other system, and is eligible, upon\\nthe termination of his or her membership in the system, to obtain\\nretirement credit in such other retirement system for the service which\\nhas been credited to his or her membership in the system. Upon refund of\\nsuch accumulated contributions, any and all obligations of the\\nretirement system to such member shall be totally discharged. The\\nretirement board is authorized to adopt such rules and regulations as\\nmay be necessary to implement this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "512-A", "title" : "Deferred retirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "512-A", "activeDate" : "2014-09-22", "sequenceNo" : 380, "repealedDate" : null, "fromSection" : "512-A", "toSection" : "512-A", "text" : " § 512-a. Deferred retirement. 1. Any member, who discontinues service\\nother than by death or retirement, and who is credited with at least\\nfifteen years of teaching service rendered in the state, by written\\nnotice duly acknowledged and filed with the retirement board at any time\\nbefore his membership would otherwise terminate pursuant to section five\\nhundred three of this article, may elect, in lieu of the return of his\\naccumulated contributions pursuant to section five hundred twelve of\\nthis article, to continue membership with the privilege of applying for\\nretirement pursuant to this section on or after the date he would first\\nbe eligible for retirement had he remained in service but in no case\\nprior to the date he attains age sixty. Any member, who discontinues\\nservice other than by death or retirement on or after June thirtieth,\\nnineteen hundred sixty-five and who is credited with at least ten years\\nof teaching service rendered in the state, by written notice duly\\nacknowledged and filed with the retirement board at any time before his\\nmembership would otherwise terminate pursuant to section five hundred\\nthree of this article, may elect, in lieu of the return of his\\naccumulated contributions pursuant to section five hundred twelve of\\nthis article, to continue membership with the privilege of applying for\\nretirement pursuant to this section on or after the date he would first\\nbe eligible for retirement had he remained in service but in no case\\nprior to the date he attains age fifty-five; provided, that in the case\\nof persons who last became members on or after July first, nineteen\\nhundred seventy-three, the provisions of this paragraph shall apply only\\nuntil July first, nineteen hundred seventy-four.\\n 2. The retirement allowance for a member who has made the election\\npursuant to subdivision one of this section shall consist of (a) an\\nannuity which shall be the actuarial equivalent of such member's\\naccumulated contributions at the time of retirement and (b) a pension of\\none-one hundred fortieth (1/140) of final average salary multiplied by\\nthe total number of years of credited service as of the date of\\ndiscontinuing service.\\n 3. Any member who discontinues service other than by death or\\nretirement on or after June thirtieth, nineteen hundred seventy and who\\nis credited with at least ten years of full time teaching service\\nrendered in the state, at least two of which were rendered since the\\ndate he last joined the retirement system and subsequent to June\\nthirtieth, nineteen hundred sixty-seven, by written notice duly\\nacknowledged and filed with the retirement board at any time before his\\nmembership would otherwise terminate pursuant to section five hundred\\nthree of this article, may elect, in lieu of the return of his\\naccumulated contributions pursuant to section five hundred twelve of\\nthis article, to continue membership with the privilege of applying for\\nretirement pursuant to this subdivision on or after the date he attains\\nage fifty-five. The pension for a member who has made the election\\npursuant to this subdivision shall be computed in accordance with the\\nprocedures set forth in subdivision four of section five hundred\\nthirty-five of this article, unless the member has been credited with at\\nleast twenty years of full time New York state service, in which event\\nhis pension shall be computed in accordance with subdivisions two and\\nthree of the aforementioned section. In no event, however, shall the\\npension so computed exceed seventy-five per cent of the member's final\\naverage salary. In addition to the pension provided by this subdivision,\\nthe member shall receive an annuity which shall be the actuarial\\nequivalent of his accumulated contributions at the time of his\\nretirement. In the case of persons who last became members on or after\\nJuly first, nineteen hundred seventy-three, the provisions of this\\nsubdivision shall apply only to those who discontinue service other than\\nby death or retirement prior to July first, nineteen hundred\\nseventy-four.\\n 4. Any person who is a member on or after June thirtieth, nineteen\\nhundred ninety-eight and who discontinues service other than by death or\\nretirement and who is credited with five years or more of full-time\\nteaching service rendered in the state, at least two of which were\\nrendered since the date he or she last joined the retirement system, by\\nwritten notice duly acknowledged and filed with the retirement board at\\nany time before his or her membership would otherwise terminate pursuant\\nto section five hundred three of this article, may elect, in lieu of the\\nreturn of his or her accumulated contributions pursuant to section five\\nhundred twelve of this article, to continue membership with the\\nprivilege of applying for retirement pursuant to this subdivision on or\\nafter the date he or she attains age fifty-five. The pension for a\\nmember who has made the election pursuant to this subdivision shall be\\ncomputed in accordance with the procedures set forth in paragraph b of\\nsubdivision five of section five hundred thirty-five of this article,\\nunless the member has been credited with at least twenty years of\\nfull-time New York state service, in which event his or her pension\\nshall be computed in accordance with paragraph a of subdivision five of\\nthe aforementioned section. In no event, however, shall the pension so\\ncomputed exceed three-quarters of the member's final average salary. In\\naddition to the pension provided by this subdivision, the member shall\\nreceive an annuity which shall be the actuarial equivalent of his or her\\naccumulated contributions at the time of his or her retirement.\\n 5. Such member, when applying for retirement, may exercise the options\\npursuant to section five hundred thirteen of this article.\\n 6. Interest on the contributions of such member after his membership\\notherwise would have been terminated pursuant to section five hundred\\nthree of this article shall be credited at the rate fixed for\\ncontributions by new entrants at the time of discontinuation of service.\\n 7. If such member should die before the effective date of retirement,\\nhis accumulated contributions shall be paid to his estate or beneficiary\\nin accordance with the provisions of paragraph one of subdivision b of\\nsection five hundred twelve of this article.\\n 8. In the event that such member returns to service, such election\\nshall be considered to be withdrawn as of the date upon which he returns\\nto service and membership in the retirement system will continue\\npursuant to subdivision three of section five hundred three of this\\narticle.\\n 9. Any other provision of law to the contrary notwithstanding, any\\nmember who fails to file the election pursuant to subdivisions one or\\nthree of this section and whose membership would otherwise cease\\npursuant to subdivision three of section five hundred three of this\\narticle, shall be deemed to have filed such election the day before his\\nmembership shall have ceased.\\n 10. Notwithstanding any provision of this section to the contrary, a\\nperson who has elected to continue membership pursuant to the provisions\\nof this section, and who is qualified to transfer pursuant to the\\nprovisions of section five hundred twenty-two of this chapter or section\\nforty-three of the retirement and social security law, shall be deemed\\neligible to transfer, pursuant to such sections of law.\\n 11. Any other provision of law to the contrary notwithstanding, any\\nformer member who met all the eligibility requirements of subdivision\\none or three of this section, but failed to file the election required\\nby such subdivisions, as a result of which his membership in the system\\nwas terminated because his service amounted to less than five years in a\\nperiod of ten consecutive years, shall be deemed to have filed such\\nelection the day before membership ceased, provided such former member\\nfiles an application with the system requesting that his membership be\\nreinstated pursuant to this subdivision and deposits the accumulated\\ncontributions withdrawn from the system with regular interest; provided\\nhowever that no such application shall be valid if (i) the service which\\nwould be credited thereunder is credited in any public retirement system\\nin the United States, or (ii) a benefit is being received from any\\npublic retirement system based upon such credit.\\n 12. Notwithstanding any other provision of this section a person who\\nhas elected to continue membership pursuant to the provisions of this\\nsection may withdraw from membership in the system in accordance with\\nthe provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "512-B", "title" : "Loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "512-B", "activeDate" : "2014-09-22", "sequenceNo" : 381, "repealedDate" : null, "fromSection" : "512-B", "toSection" : "512-B", "text" : " § 512-b. Loans. 1. Any member in active service or on leave of absence\\nwho has credit for at least one year of member service may borrow from\\nhis accumulated contributions in the retirement system once during each\\nsix month period an amount of not less than three hundred dollars\\nproviding the retirement board shall approve such loan. The total of any\\nsuch loans shall not exceed seventy-five per centum of his accumulated\\ncontributions.\\n 2. Repayment. An amount so borrowed, together with interest on any\\nunpaid balance thereof, shall be repaid in equal installments which\\nshall be made by the borrower directly to the retirement board or, with\\nthe consent of the employer, through regular payroll deduction. The\\nstate comptroller is authorized to provide through regular payroll\\ndeduction for such repayment of loans made by employees of the state of\\nNew York. Such installments shall be in such amount as the retirement\\nboard shall approve; however, they shall be at least (a) two percent of\\nthe member's contract salary, and (b) sufficient to pay the interest on\\nthe unpaid balances thereof. In the event that a member is on leave of\\nabsence without pay or is not regularly employed by an employer subject\\nto the provisions of this article, any such outstanding loan shall be\\nrepaid in such installments of principal and interest as the retirement\\nboard shall determine. In the event of default the retirement board\\nshall be authorized to collect such payments due from the employer of\\nsuch member through payroll deduction and such member shall forfeit all\\nfuture entitlement to borrow from the retirement system until the unpaid\\nbalance of the loan outstanding at the time of default is fully paid.\\nThe retirement board, at any time, may accept payments on account of any\\nloan in addition to the installments fixed for repayment thereof. All\\npayments of principal and interest at the minimum rate permitted\\npursuant to subdivision three of this section made by the member shall\\nbe credited to his accumulated contributions. Any additional interest\\npaid by the member shall be credited to the pension accumulation fund.\\n 3. Interest. The rate of interest payable upon loans made pursuant to\\nthis section shall be set by the retirement board. The retirement board\\nshall have power, from time to time and at any time, to decrease such\\nrate to not less than that currently being credited on the member's\\naccumulated contributions or to increase the same to not more than six\\nper centum per annum. Any such decrease or increase shall apply, from\\nthe effective date thereof, to unpaid balances of loans outstanding on\\nsuch date and to new loans made thereafter.\\n 4. Service Charge. A uniform service charge payable upon loans made\\npursuant to this section shall be set by the retirement board in an\\namount sufficient to cover the cost to the retirement system of\\nadministering the loans. Such charge shall be deducted from the member's\\naccumulated contributions when the loan is made or in equal annual\\ninstallments over the period the loan is outstanding.\\n 5. Insurance. Each loan made pursuant to this section shall be insured\\nagainst the death of the member in an amount equal to the amount of the\\nloan outstanding at any given time; with the exception that until thirty\\ndays have elapsed after the making thereof no part of the loans shall be\\ninsured. Such insurance shall be provided by the retirement board\\nthrough the retirement system. Upon the death of the member the amount\\nof insurance so payable shall be credited to his accumulated\\ncontributions. The premium payable by the member for such insurance\\nshall be set by the retirement board at a rate of not to exceed one per\\ncentum of the amount loaned.\\n A premium of one per centum per annum of the amount loaned, prorated\\nto July first next, shall be deducted from the accumulated contributions\\nof the member when the loan is made. Thereafter, a premium of one per\\ncentum per annum of the present value of the outstanding loan as of July\\nfirst shall be deducted from the accumulated contributions of the member\\neach succeeding year until such loan is repaid or the member is retired.\\n The retirement board in its discretion on any July first may increase\\nor reduce the premium, modify the terms or conditions of coverage, or\\ndiscontinue the insurance of loans. In no event shall this subdivision\\nimpose any obligation upon the retirement board to continue to insure\\nloans of members upon the terms and conditions herein provided or upon\\nany other terms or conditions.\\n 6. Special Funds. The retirement board is authorized to establish such\\nfunds as may be necessary to carry out the provisions of subdivisions\\nfour and five of this section.\\n 7. Withdrawals and retirements when loan is outstanding. Whenever a\\nmember becomes entitled to the return of his accumulated contributions\\nbecause of withdrawal from the system or because of having become\\neligible for a death benefit or a retirement allowance or because of an\\nelection to withdraw his accumulated contributions pursuant to\\nsubdivision six of section five hundred sixteen of this article the\\namount of any loan outstanding on such date shall be construed to have\\nbeen already returned to such member and the accumulated contributions\\nto which he shall then be entitled shall be the net amount of such\\ncontributions together with interest thereon standing to his credit in\\nthe annuity savings fund on such date.\\n 8. Rules and Regulations. The retirement board is authorized to adopt\\nsuch rules and regulations as it finds to be necessary in administering\\nthe provisions of this section. Anything in this section\\nnotwithstanding, the retirement board is authorized to adopt rules and\\nregulations permitting a loan at any time prior to retirement to a\\nteacher who is not in active service or on leave of absence, provided\\nsuch loan would otherwise be permitted under this section and under\\napplicable provisions of the Internal Revenue Code relating to loans\\nfrom pension plans.\\n 9. The retirement board shall have the power to discharge any evidence\\nof a loan to a member pursuant to this section upon the satisfaction of\\nthe obligation of the member thereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "513", "title" : "Optional allowances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "513", "activeDate" : "2014-09-22", "sequenceNo" : 382, "repealedDate" : null, "fromSection" : "513", "toSection" : "513", "text" : " § 513. Optional allowances. 1. With the exception that no election of\\nan optional benefit shall become effective in case a member dies within\\nthirty days after the filing of an application for a retirement\\nallowance, until the first payment on account of any benefit becomes\\nnormally due, any member, at the time of his retirement, may elect to\\nreceive his benefits in a retirement allowance payable throughout life\\nor he may on retirement elect to receive the actuarial equivalent at\\nthat time of his retirement allowance in a lesser retirement allowance,\\npayable throughout life with the provision that:\\n Option 1. If he die before he has received in payments the present\\nvalue of his retirement allowance as it was at the time of his\\nretirement, the balance shall be paid to his legal representatives or to\\nsuch person as he shall nominate by written designation duly\\nacknowledged and filed with the retirement board.\\n Option 2. Upon his death, his retirement allowance shall be continued\\nthrough the life of and paid to such person as he shall nominate by\\nwritten designation duly acknowledged and filed with the retirement\\nboard at the time of his retirement.\\n Option 3. Upon his death, one-half of his retirement allowance shall\\nbe continued throughout the life of and paid to such person as he shall\\nnominate by written designation duly acknowledged and filed with the\\nretirement board at the time of his retirement.\\n Option 4. Some other benefit or benefits shall be paid either to the\\nmember or to such person or persons as he shall nominate, provided such\\nother benefit or benefits, together with the lesser retirement\\nallowance, shall be certified by the actuary to be of equivalent\\nactuarial value to his retirement allowance and shall be approved by the\\nretirement board.\\n 2. If any retired member who has not elected an optional benefit, or\\nwho has elected a benefit under Option 4 providing for the payment at\\ndeath of the amount, if any, by which his accumulated contributions at\\nthe time of his retirement exceed the aggregate amount of his annuity\\npayments, dies within thirty days after the date his retirement becomes\\neffective, notwithstanding any other provisions of this law to the\\ncontrary, benefits shall be paid in accordance with subdivision (b) or\\n(c) of section five hundred twelve, except that the amount of his\\naccumulated contributions payable under paragraph (1) of said\\nsubdivision (b) shall be reduced by any annuity payments received by him\\nprior to his death and the benefit payable under paragraph (2) of said\\nsubdivision (b) shall be reduced by any pension payments received by him\\nprior to his death. The amounts payable shall be paid to the beneficiary\\nor beneficiaries entitled thereto as provided under section five hundred\\ntwelve, except that if the member has elected Option 4, as provided\\nabove, the beneficiary nominated under such Option 4 shall be\\nsubstituted for any beneficiary previously nominated and all amounts\\npayable shall be paid to the beneficiary nominated under such Option 4.\\n 3. In the case of persons who last became members on or after July\\nfirst, nineteen hundred seventy-three, the provisions of subdivision two\\nof this section shall apply only to deaths occurring after the date on\\nwhich said subdivision two becomes operative and prior to July first,\\nnineteen hundred seventy-four.\\n 4. a. The retirement board may adopt rules and regulations providing\\nthat a trustee of an inter vivos or testamentary trust shall be (1)\\neligible to be nominated to receive a lump sum benefit under option one\\nand (2) eligible to be nominated to receive any benefit under option\\nfour which the retirement board shall deem appropriate.\\n b. Any proceeds received by a trustee under this section shall not be\\nsubject to the debts of the member or to transfer or estate taxes to any\\ngreater extent than if such proceeds were payable to the beneficiaries\\nnamed in the trust and not to the estate of the member.\\n c. A payment made in good faith under this section to either a\\ndesignated trustee of an inter vivos trust, a successor trustee of an\\ninter vivos trust who provides a copy of his appointment or a trustee or\\nsuccessor trustee of a testamentary trust who provides a copy of the\\nletters of trusteeship shall be a complete discharge to the system to\\nthe extent of the payment.\\n d. If no qualified trustee claims the proceeds within eighteen months\\nafter the death of the retired member, or if satisfactory evidence is\\nfurnished within such period showing that there is or will be no trustee\\nto receive the proceeds, payment shall be made to the deceased retired\\nmember's estate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "514", "title" : "Benefits to participants in old retirement fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "514", "activeDate" : "2014-09-22", "sequenceNo" : 383, "repealedDate" : null, "fromSection" : "514", "toSection" : "514", "text" : " § 514. Benefits to participants in old retirement fund. All annuities\\nof annuitants on the rolls of the retirement fund on the thirty-first\\nday of July, nineteen hundred twenty-one, shall be paid thereafter from\\nthe pension accumulation fund created by this article. The amount of\\nthe annuity of any annuitant on the rolls of such retirement fund, at\\nsuch time, who retired on a full annuity shall be not less than one-half\\nof his final average salary, and not less than four hundred dollars per\\nannum; nor shall the allowance of any annuitant on such roll retired\\nfrom disability be less than a proportionate amount of such minima based\\non the annuitant's years of service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "515", "title" : "Funds enumerated", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "515", "activeDate" : "2014-09-22", "sequenceNo" : 384, "repealedDate" : null, "fromSection" : "515", "toSection" : "515", "text" : " § 515. Funds enumerated. The funds created are:\\n a. The annuity savings fund.\\n b. The annuity reserve fund.\\n c. The pension accumulation fund.\\n d. The pension reserve fund.\\n e. The supplemental retirement allowance fund.\\n f. The expense fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "516", "title" : "Annuity savings fund; contributions and payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "516", "activeDate" : "2014-09-22", "sequenceNo" : 385, "repealedDate" : null, "fromSection" : "516", "toSection" : "516", "text" : " § 516. Annuity savings fund; contributions and payments. The annuity\\nsavings fund shall be the fund in which shall be accumulated the\\ndeductions made from the compensation of contributors. Contributions to\\nand payments from the annuity savings fund shall be made in the\\nfollowing manner:\\n 1. Each employer shall deduct from the compensation of each\\ncontributor on each and every payroll of such contributor for each and\\nevery payroll period subsequent to the date upon which such contributor\\nbecame a member an amount equal to four per centum of such contributor's\\nearnable compensation in the cases of teachers who last became members\\non or before the thirtieth day of June, nineteen hundred forty-eight and\\nfive per centum of earnable compensation in the cases of teachers who\\nlast became members on or after the first day of July, nineteen hundred\\nforty-eight except if membership is renewed upon restoration to active\\nservice after retirement for disability, regular interest shall be\\ncredited at the rate allowed to the member at the time his retirement\\nfor disability last became effective. But no employer shall make any\\ndeduction for annuity purposes from the compensation of a member who has\\ncompleted at least thirty-five years of total service, or who has\\nattained the age of sixty and completed at least twenty-five years of\\ntotal state service, if such member elects not to contribute.\\n 2. In determining the amount earnable by a contributor in a payroll\\nperiod, the retirement board may consider the rate of compensation\\npayable to such member on the first day of the payroll period as\\ncontinuing throughout such payroll period, and it may omit deductions\\nfrom compensation for any period less than a full payroll period if a\\nteacher was not a contributor on the first day of the payroll period,\\nand to facilitate the making of deductions, it may modify the deduction\\nrequired of any contributor by such an amount as shall not exceed\\none-tenth of one per centum of the compensation upon the basis of which\\nsaid deduction is to be made.\\n 3. a. In addition to the deductions from compensation hereinbefore\\nrequired, any contributor may redeposit in the annuity savings fund by a\\nsingle payment an amount equal to the total amount which he withdrew\\ntherefrom as provided in this article, or he may deposit therein by a\\nsingle payment an amount computed to be sufficient, together with the\\nretirement allowance otherwise provided to provide for him a total\\nretirement allowance of one-half of his final average salary upon\\nsuperannuation retirement, or any member or annuitant may deposit\\ntherein by a single payment an amount permitted so to be deposited by\\nthe retirement board for the purpose of purchasing additional annuity,\\nprovided that no such member or annuitant shall be permitted to purchase\\na total additional annuity thereby in excess of one-half his final\\naverage salary; such additional annuity shall afford the usual optional\\nprivileges. Such additional amounts so deposited shall become a part of\\nhis accumulated contributions.\\n b. Notwithstanding anything to the contrary in this article, in\\naddition to the deposits hereinbefore permitted by this subdivision, any\\ncontributor to this system, who is actually on the payroll of a school\\ndistrict or the state, may, for the purpose of purchasing additional\\nannuity, deposit in the annuity savings fund once in any school year by\\na single payment an amount not in excess of four per centum of his\\nearnable rate of compensation for the school year immediately preceding\\nthe date when such payment is made. Any such amount so deposited shall\\nbe credited with regular interest and, on the basis of said rate of\\ninterest, shall become a part of the contributor's accumulated\\ncontributions in all respects including computation of benefits upon\\nretirement.\\n c. Any member by written notice duly acknowledged and filed with the\\nretirement board before the first day of July, nineteen hundred\\nsixty-seven or within two years after he last became a member, whichever\\nis later, may elect to contribute pursuant to this paragraph c of\\nsubdivision three of this section in order to qualify for an increased\\npension for total service in excess of twenty-five years. After such\\nelection the rate of deduction from earnable compensation shall be\\nincreased by two and one-half per centum in the cases of teachers who\\nlast became members on or before the thirtieth day of June, nineteen\\nhundred forty-eight and by three per centum in the cases of teachers who\\nlast became members on or after the first day of July, nineteen hundred\\nforty-eight and such deductions shall be added to the accumulated\\ncontributions of each member. Where a member elects to contribute\\npursuant to this paragraph c of subdivision three of this section, such\\nadditional contributions shall be made from the first day of July,\\nnineteen hundred fifty-seven or from the first day of the month\\nfollowing the expiration of thirty days subsequent to the filing of his\\nelection, whichever is later, except that if the member is contributing\\npursuant to subdivision one of section five hundred eleven-a, such\\nadditional contributions pursuant to this paragraph c of subdivision\\nthree of this section shall be made from the first day of July following\\nthe completion of twenty-five years of total service. If such a member,\\nupon the completion of twenty-five years of total service, wishes to\\nforfeit his right to special service retirement under the provisions of\\nsection five hundred eleven-a, he may cease making contributions\\npursuant to subdivision one of such section, leave such contributions in\\nthe retirement system and commence making contributions pursuant to this\\nparagraph c of subdivision three of this section in order to receive\\ncredit for service rendered after the completion of twenty-five years of\\ntotal service. If such a member, upon the completion of twenty-five\\nyears of total service wishes to maintain his right to special service\\nretirement, he shall continue to make contributions pursuant to\\nsubdivision one of section five hundred eleven-a and commence making\\ncontributions pursuant to this paragraph c. Contributions made pursuant\\nto this paragraph c shall cease on the first day of July following the\\ncompletion of thirty-five years of total service, except that, any\\nmember who has completed more than twenty-five years of service on the\\nfirst day of July, nineteen hundred sixty-seven may deposit in a lump\\nsum an amount equivalent to the sum of the contributions he would have\\nmade prior to the first day of July, nineteen hundred sixty-seven, had\\nthis paragraph c become effective as of the date when twenty-five years\\nof service was completed or as of any date thereafter which the member\\nmay elect for the purpose of determining the amount to be so deposited.\\n d. Members of the retirement system who elect to contribute pursuant\\nto paragraph c of subdivision three of this section, shall receive\\ncredit for each year, not in excess of ten, of service in excess of\\ntwenty-five years for which contributions were made pursuant to\\nparagraph c of subdivision three of this section.\\n 4. The accumulated contributions of a contributor returned to him upon\\nhis withdrawal or paid to his estate or designated beneficiary in the\\nevent of his death as provided in this article shall be paid from the\\nannuity savings fund.\\n 5. Upon the retirement of a contributor his accumulated contributions\\nshall be transferred from the annuity savings fund to the annuity\\nreserve fund.\\n 6. The retirement board may adopt rules and regulations providing for\\nthe withdrawal at retirement by members of the accumulated contributions\\ncredited to their individual accounts in the annuity savings fund. Such\\nrules and regulations shall provide that the application for withdrawal\\nof contributions be filed no earlier than the date the member files the\\napplication for retirement and no later than the day preceding the\\neffective date of retirement. Provided, however, this section has no\\napplication to members subject to article fourteen or article fifteen of\\nthe retirement and social security law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "517", "title" : "Annuity reserve fund; pension accumulation fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "517", "activeDate" : "2014-09-22", "sequenceNo" : 386, "repealedDate" : null, "fromSection" : "517", "toSection" : "517", "text" : " § 517. Annuity reserve fund; pension accumulation fund. 1. The annuity\\nreserve fund shall be the fund from which shall be paid all annuities\\nand all benefits in lieu of annuities.\\n 2. The pension accumulation fund shall be the fund in which shall be\\naccumulated all reserves for the payment of all benefits with the\\nexception of the annuities provided by the accumulated contributions of\\nmembers, and with the exception of supplemental retirement allowances\\npayable in accordance with section five hundred thirty-two of this\\nchapter. Contributions to and payments from the pension accumulation\\nfund shall be made as follows:\\n a. On account of each teacher who is a member of the retirement system\\nthere shall be paid annually into the pension accumulation fund by\\nemployers, a certain percentage of the earnable compensation of each of\\nsuch members of the retirement system to be known as the \"normal\\ncontribution\" and a further percentage known as the \"deficiency\\ncontribution.\" The rates per centum of such contributions shall be fixed\\non the basis of the liabilities of the retirement system as shown by\\nactuarial valuations.\\n b. On the basis of regular interest and of such mortality and other\\ntables as shall be adopted by the retirement board, the actuary engaged\\nby the retirement board to make each valuation required by this article\\nduring the period over which the deficiency contribution is payable,\\nimmediately after making such valuation, shall determine the uniform and\\nconstant percentage of the earnable compensation of the average new\\nentrant, who is a contributor, which if contributed on the basis of the\\ncompensation of such contributor throughout his entire period of active\\nservice, would be sufficient to provide for the payment of a death\\nbenefit payable on his account and to provide at the time of his\\nretirement the total amount of his pension reserve. The rate per centum\\nso determined shall be known as the \"normal contribution\" rate. After\\nthe deficiency contribution has ceased to be payable, the normal\\ncontribution shall be the rate per centum of the earnable salary of all\\ncontributors obtained by deducting from the total liabilities of the\\npension fund the amount of the funds in hand to the credit of that fund\\nand dividing the remainder by one per centum of the present value of the\\nprospective future salaries of all contributors as computed on the basis\\nof the mortality and service tables adopted by the retirement board and\\non the basis of regular interest. The normal rate of contribution shall\\nbe determined by the actuary after each valuation and shall continue in\\nforce until a new valuation and certification.\\n c. The actuary engaged by the retirement board shall compute the rate\\nper centum of the total compensation of all contributors during the\\npreceding school year which is equivalent to four per centum of the\\namount of the total pension liability on account of all contributors and\\nbeneficiaries not dischargeable by the aforesaid normal contribution\\nmade on account of such contributors during the remainder of their\\nactive service. The contribution derived by deductions at the rate per\\ncentum, so determined or at a rate increased therefrom as hereinafter\\nprovided shall be known as the \"deficiency contribution.\" On the basis\\nof the actuarial valuation as of the thirtieth day of June, nineteen\\nhundred fifty-seven, the actuary shall determine the amount of the\\npension liability which is not dischargeable by the funds in hand and\\nthe present value of the normal and deficiency contributions otherwise\\npayable. Such pension liability shall be known as the special\\ndeficiency. The actuary shall determine the annual payment which if made\\nin each fiscal year commencing with the year beginning the first day of\\nJuly, nineteen hundred fifty-eight, for a period of thirty years will\\nprovide for such special deficiency and the per centum of the total\\ncompensation of all contributors during the preceding school year which\\nis equivalent to such annual payment shall be known as the special\\ndeficiency contribution rate. Notwithstanding anything to the contrary\\nin this chapter, the special deficiency contribution rate for use in\\ndetermining the annual payments to be made in each fiscal year\\ncommencing with the year beginning with the first day of July, nineteen\\nhundred sixty, shall be increased to liquidate the total unfunded\\nspecial deficiency adjusted to include the prospective deficit in the\\nannuity reserve fund as shown by the valuation as of the thirtieth day\\nof June, nineteen hundred fifty-nine in the period originally set, and\\nuntil the special deficiency so increased has been liquidated an annual\\ncontribution at the increased special deficiency rate but not less than\\nthe annual payment determined on the basis of the valuation as of the\\nthirtieth day of June, nineteen hundred fifty-nine, shall be made by\\nemployers in addition to the regular normal and deficiency\\ncontributions.\\n d. The total amount payable annually by all employers into the pension\\naccumulation fund shall be certified by the retirement board to the\\ncommissioner of education and such amount shall equal the sum of the\\nrates per centum known as the normal contribution rate and the\\ndeficiency contribution rate of the total compensation earnable by all\\ncontributors during the preceding school year, provided that the amount\\nof each annual deficiency contribution shall be at least three per\\ncentum greater than the preceding annual payment. The aggregate of all\\nsuch payments by employers shall be sufficient, when combined with the\\namounts in the pension accumulation fund, to provide the pensions\\npayable out of the fund during the year then current, and if not, the\\nadditional amount so required shall be collected by means of an\\nincreased contribution which shall continue in force for the period of\\none year, anything to the contrary notwithstanding.\\n e. The deficiency contribution shall be discontinued as soon as the\\naccumulated reserve in the pension accumulation fund shall equal the\\npresent value, as actuarially computed and approved by the retirement\\nboard, of the total liability of such fund less the present value,\\ncomputed on the basis of the normal contribution rate then in force, of\\nthe normal contributions to be received on account of teachers who are\\nat that time contributors.\\n f. Any other provision of law to the contrary notwithstanding,\\nbeginning with the valuation for the fiscal year ending June thirtieth,\\nnineteen hundred seventy, the actuarial valuation of the liabilities,\\nrequired by subdivision five of section five hundred eight of this\\narticle, shall be made on the following basis:\\n 1. On the basis of the valuation rate of interest and of such\\nmortality and other tables as have been adopted by the retirement board,\\nthe actuary shall determine, as of June thirtieth, nineteen hundred\\nseventy, the additional accrued liability which exists as of that date,\\non account of service rendered prior to that date, by reason of\\nlegislation enacted during the years nineteen hundred sixty-eight,\\nnineteen hundred sixty-nine and nineteen hundred seventy, affecting\\narticle eleven of the education law. The actuary shall then determine a\\nschedule of annual contributions which will amortize such additional\\naccrued liability and interest thereon over a period of twenty-five\\nyears. Such interest shall be at the rate of four and one-half per cent\\nduring the first ten years beginning July first, nineteen hundred\\nseventy and at the rate of four per cent thereafter, compounded\\nannually. Each contribution after the first shall equal one hundred four\\nper cent of the preceding contribution. Each year, the actuary shall\\ndetermine a rate of contribution which is equivalent to the amount of\\nthe contribution next due in accordance with the aforesaid schedule.\\nHowever, in no event shall such rate of contribution be less than the\\nrate of contribution determined in the first year in accordance with the\\nprovisions of this subdivision. The amount of the contribution produced\\nby such rate which is in excess of the amount required according to the\\naforesaid schedule shall be added to the contingency reserve. Such\\ncontingency reserve shall be maintained in the pension accumulation fund\\nfor the purpose of providing for such future strengthening of the\\nretirement system's reserve basis as the retirement board, upon the\\nrecommendation of its actuary, deems appropriate.\\n 2. On the basis of the valuation rate of interest and of such\\nmortality and other tables as have been adopted by the retirement board,\\nthe actuary shall compute the rate of normal contribution in the\\nfollowing manner. From the total actuarial liabilities as of each\\nvaluation date, there shall be deducted the sum of the funds in hand and\\nthe present value of the remaining contributions still to be paid under\\nthe provisions of sub-paragraph one of this paragraph. The remainder\\nshall be divided by one per cent of the present value of the prospective\\nfuture salaries of all members of the system, to obtain the rate of\\nnormal contribution.\\n 3. Notwithstanding any other provision of law to the contrary, for\\ncontributions determined on the basis of the June thirtieth, nineteen\\nhundred sixty-eight valuation and subsequent annual valuations, the\\npayment of employer contributions pursuant to section five hundred nine\\nof this article shall be discontinued and the lump sum actuarial cost\\nattributable to the purchase of prior service, as authorized therein,\\nshall be included in the actuarial liabilities used for the\\ndetermination of the rate of normal contribution.\\n 4. The retirement board is hereby empowered to re-establish employer\\ncontribution rates based upon the annual valuation as of June thirtieth,\\nnineteen hundred sixty-eight.\\n g. All pensions with the exception of those payable to new entrants\\nshall be paid from the pension accumulation fund and benefits provided\\nunder section five hundred twelve, subdivision b, paragraph two and\\nsection five hundred fourteen shall be paid from the pension\\naccumulation fund.\\n h. Upon the retirement of a new entrant, an amount equal to his\\npension reserve shall be transferred from the pension accumulation fund\\nto the pension reserve fund.\\n i. The retirement board from time to time shall transfer from the\\npension accumulation fund to the annuity reserve fund such amounts as\\nare necessary under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "518", "title" : "Pension reserve fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "518", "activeDate" : "2014-09-22", "sequenceNo" : 387, "repealedDate" : null, "fromSection" : "518", "toSection" : "518", "text" : " § 518. Pension reserve fund. The pension reserve fund shall be the\\nfund from which shall be paid the pensions to new entrants on account of\\nwhich reserves shall be transferred from the pension accumulation fund.\\nShould any disability pension payable from said fund be canceled, the\\npension reserve thereon shall thereupon be transferred from the pension\\nreserve fund to the pension accumulation fund. Should the pension of a\\ndisability beneficiary be reduced as a result of an increase in his\\nearning capacity, the amount of the annual reduction in his pension\\nshall be paid annually into the pension accumulation fund during the\\nperiod of such reduction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "518-A", "title" : "Supplemental retirement allowance fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "518-A", "activeDate" : "2014-09-22", "sequenceNo" : 388, "repealedDate" : null, "fromSection" : "518-A", "toSection" : "518-A", "text" : " § 518-a. Supplemental retirement allowance fund. The supplemental\\nretirement allowance fund shall be the fund from which shall be paid the\\nsupplemental retirement allowances provided by section five hundred\\nthirty-two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "519", "title" : "Expense fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "519", "activeDate" : "2014-09-22", "sequenceNo" : 389, "repealedDate" : null, "fromSection" : "519", "toSection" : "519", "text" : " § 519. Expense fund. The expense fund shall be the fund from which\\nthe expense of the administration of the retirement system shall be paid\\nexclusive of amounts payable as retirement allowances and as other\\nbenefits provided herein. Contributions shall be made to the expense\\nfund as follows:\\n 1. The retirement board shall determine the amount required to defray\\nthe expenses allocated to those functions which directly or indirectly\\naffect the system's investment operations. This amount so determined\\nshall be collected from net investment income which shall include but\\nnot be limited to interest, dividends, and realized gains and losses.\\n 2. The retirement board shall determine annually the amount required\\nto defray the remaining estimated expenses in the ensuing fiscal year\\nand shall certify such amount to the commissioner of education who shall\\napportion to each employer a proportionate part thereof as provided\\nunder subdivision two of section five hundred twenty-one. Each employer\\nshall make payment for the amount so apportioned to him in the same way\\nas he shall make other payments provided for by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "520", "title" : "Duties of employer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "520", "activeDate" : "2014-09-22", "sequenceNo" : 390, "repealedDate" : null, "fromSection" : "520", "toSection" : "520", "text" : " § 520. Duties of employer. 1. Each employer shall keep such records\\nand from time to time shall furnish such information as the retirement\\nboard in the discharge of its duties may require.\\n 2. a. Upon the employment of any teacher to whom this article may\\napply, he shall be informed by his employer of his duties and\\nobligations in connection with the retirement system as a condition of\\nhis employment. Every teacher accepting employment shall be deemed to\\nconsent and agree to any deductions from his compensation required\\nherein and to all other provisions of this article.\\n b. Upon the employment of any teacher whose right to membership in the\\nsystem has been made optional by the retirement board pursuant to\\nsubdivision two of section five hundred three of this article the\\nemployer shall inform such teacher in writing of the right to join the\\nsystem. Each such teacher shall acknowledge the receipt of such notice\\nby signing a copy thereof and filing it with such employer. Provided,\\nhowever, the failure to inform such teacher shall not in any way be\\nconstrued to waive the requirement that membership for such a teacher\\ncommences only when an application for membership is filed with the\\nsystem nor shall it be construed to waive any of the eligibility\\nrequirements for previous service credit.\\n 3. Notwithstanding any other law, rule or regulation affecting the\\nsalary, pay, compensation, other prerequisites or tenure of any teacher\\nto whom this article applies, or shall apply, and notwithstanding that\\nthe minimum salary, pay, compensation or other prerequisites, provided\\nby law for such teacher shall be reduced thereby, payment less said\\ndeductions shall be a full and complete discharge and acquittance of all\\nclaims and demands whatsoever for service rendered by such member during\\nthe period covered by such payment.\\n 4. During September of each year, or at such other times as the\\nretirement board shall approve, each employer shall certify to the\\nretirement board the names of all teachers to whom this article applies.\\n 5. Each employer shall on the first day of each calendar month or at\\nsuch less frequent intervals as the retirement board may approve, notify\\nthe retirement board of the employment of new teachers, removals,\\nwithdrawals and changes in salary of members that shall have occurred\\nduring the month preceding or the period covered since the last\\nnotification.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "521", "title" : "Collection of contributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "521", "activeDate" : "2014-09-22", "sequenceNo" : 391, "repealedDate" : null, "fromSection" : "521", "toSection" : "521", "text" : " § 521. Collection of contributions. 1. The collection of members'\\ncontributions shall be as follows:\\n a. Each employer shall cause to be deducted on each and every payroll\\nof a contributor for each and every payroll period, the contribution\\npayable by such contributor as provided in this article. Each employer\\nshall certify to the treasurer of said employer on each and every\\npayroll a statement as voucher for the amounts so deducted.\\n b. The treasurer of each employer on receipt from the employer of the\\nvoucher for deductions from the salaries of teachers as provided in this\\narticle shall transmit monthly or at such times as the retirement board\\nshall designate, the amount specified in such voucher to the secretary\\nof the retirement board. The secretary of the retirement board after\\nmaking record of all such receipts shall transmit them to the head of\\nthe division of the treasury in the department of taxation and finance\\nfor use according to the provisions of this article.\\n But nothing in this section shall prevent the retirement board from\\nmodifying the method of collecting the contribution of members so that\\nemployers may retain the amounts so deducted and have a corresponding\\namount deducted from the appropriation for the support of common schools\\notherwise payable to them.\\n 2. The collection of employers' contributions shall be made as\\nfollows:\\n a. Upon the basis of each actuarial determination and appraisal\\nprovided herein, the retirement board shall annually prepare and certify\\nto the commissioner of education a statement of the total amount\\nnecessary to be paid by all employers for the ensuing fiscal year to the\\npension accumulation and expense funds as provided under subdivision two\\nof section five hundred seventeen and under section five hundred\\nnineteen of this article. Upon the basis of the rate of contribution for\\nsupplemental retirement allowances, determined in accordance with\\nsection five hundred thirty-two of this article, the retirement board\\nshall certify to the commissioner of education a statement of the total\\namount necessary to be paid by all employers for the ensuing fiscal year\\nto the supplemental retirement allowance fund. Said certification shall\\ninclude interest on amounts necessary to repay advances made to the\\nsupplemental retirement allowance fund pursuant to subdivision f of\\nsection five hundred thirty-two of this article computed from the date\\nof such advances at the rate determined in accordance with paragraph f\\nof this subdivision.\\n b. The commissioner of education shall include in the certificate\\nwhich he files with the state comptroller showing the amount of state\\nfunds apportioned to the school districts within each county for the\\nsupport of common schools, a statement showing the amount to be\\ncontributed by each employer in each of such counties as required under\\nthis article.\\n The amount to be contributed by each employer except those who operate\\nlocal district pension systems, shall be such percentage of the total\\ncompensation or salaries of all teachers in his employ who are members\\nof the retirement system as the aggregate amount of the normal and\\ndeficiency contributions for the year shall bear to the total\\ncompensation or salaries paid by all employers, except those who operate\\nlocal district pension systems, to all teachers who are members of the\\nretirement system.\\n c. The comptroller shall issue his warrant to the custodian of such\\nfund directing such custodian to credit to the pension accumulation fund\\nand expense fund respectively, from the appropriation for the support of\\ncommon schools the amounts required to be made as contributions to such\\nfunds by the employers as shown by the certificate of the commissioner\\nof education filed with him as directed in paragraph b of this\\nsubdivision.\\n d. The comptroller, in issuing his warrant to the custodian for\\npayment to each county treasurer of that portion of the moneys\\napportioned for the support of common schools, shall deduct therefrom an\\namount equal to the amount required to be contributed by employers of\\nsuch county, as shown by the certificate of the commissioner of\\neducation of this state filed with the comptroller as required by\\nparagraph b of this subdivision.\\n e. In order to meet the financial requirements of this article,\\nemployers who obtain funds directly by taxation are hereby authorized\\nand directed to levy annually such additional taxes as are required to\\nprovide the funds deducted from the amounts apportioned to such\\nemployers from the appropriation of the state for the support of the\\ncommon schools.\\n f. Employers whose payments from the moneys apportioned from the state\\nfor the support of common schools are insufficient to pay the amount due\\nand owing the system, or who do not receive such payments, shall pay the\\nsystem each year the amount of contributions due and owing from the\\nemployer pursuant to this article within thirty days from the date a\\nbill is mailed by the system. Interest, at a rate equal to the average\\nyield payable on fifty-two week United States treasury bills on June\\nthirtieth immediately preceding the day the bill is mailed by the\\nsystem, shall accrue on the outstanding amount due and owing commencing\\nwith the thirty-first day after the bill is mailed.\\n g. Whenever the system determines the contributions made by an\\nemployer are less than the percentage of total compensation or salaries\\nof members of the system in the employ of such employer, as required by\\nthis article, such employer shall pay the system such deficiency within\\nthirty days from the date a bill is mailed by the system. Interest, at a\\nrate equal to the average yield payable on fifty-two week United States\\ntreasury bills on June thirtieth immediately preceding the day before\\nthe bill is mailed by the system, shall accrue on the outstanding amount\\ndue and owing commencing with the thirty-first day after the bill is\\nmailed.\\n h. Notwithstanding any provision of law to the contrary, commencing\\nwith the payments made in the fiscal year beginning July first, nineteen\\nhundred ninety, and each fiscal year thereafter, the employer\\ncontributions due and payable as determined pursuant to the provisions\\nof this article and the employee contributions due and payable pursuant\\nto this article and articles fourteen and fifteen of the retirement and\\nsocial security law, on account of compensation paid in the fiscal year\\nimmediately preceding, and those employer contributions due and payable\\nin each fiscal year pursuant to chapter six hundred sixty-five of the\\nlaws of nineteen hundred eighty-four shall be made to the retirement\\nsystem and collected in the manner set forth in this section each fiscal\\nyear in three payments, each equal to thirty-three and one-third percent\\nof the total amount due for such fiscal year. Such payments shall be\\npaid on September fifteenth, October fifteenth, and November fifteenth\\nof each fiscal year. If a participating employer underpaid its\\nobligation to the retirement system, such underpayment as determined by\\nthe retirement system shall be deducted from the amounts apportioned to\\nsuch employer from the appropriation of the state for the support of the\\ncommon schools due and payable the next April fifteenth. Employers whose\\npayments from such appropriation are insufficient to pay the amount due\\nand owing the system, or who do not receive such payments, shall be\\nbilled by the system for such underpayment and shall pay the system the\\namount due within thirty days from the date a bill is mailed by the\\nsystem. The amount of any employer overpayment of its obligation to the\\nretirement system, as determined by such system shall be a credit to the\\nemployer and shall reduce by an equal amount thereof the initial payment\\nto be made by such employer to such system on the next succeeding\\nSeptember fifteenth.\\n i. Notwithstanding any provision of law to the contrary, the employer\\nand employee contributions due and payable in the nineteen hundred\\neighty-nine--ninety fiscal year on account of compensation paid in the\\nnineteen hundred eighty-eight--eighty-nine fiscal year which were paid\\nprior to April first, nineteen hundred ninety shall be deemed (to the\\nextent such amount is sufficient) to have consisted of all the employee\\ncontributions due and payable pursuant to this article and articles\\nfourteen and fifteen of the retirement and social security law in the\\nnineteen hundred eighty-nine--ninety fiscal year and those employer\\ncontributions due and payable in such fiscal year pursuant to chapter\\nsix hundred sixty-five of the laws of nineteen hundred eighty-four; and\\nthe remaining employer contributions so paid shall be applied evenly to\\nthe payments due and payable on September fifteenth, nineteen hundred\\nninety, October fifteenth, nineteen hundred ninety and November\\nfifteenth, nineteen hundred ninety and the employer contributions\\namounting to eight hundred seventy-three million seven hundred eleven\\nthousand six hundred fifteen dollars ($873,711,615), due and payable\\npursuant to the provisions of this section in the nineteen hundred\\neighty-nine--ninety fiscal year on account of compensation paid in\\nnineteen hundred eighty-eight--eighty-nine fiscal year, except those\\nemployer contributions due and payable in such fiscal year pursuant to\\nchapter six hundred sixty-five of the laws of nineteen hundred\\neighty-four, shall be deferred and payment shall be made to the\\nretirement system in fifteen equal annual payments of ninety-eight\\nmillion five hundred thirty-seven thousand five hundred seven dollars\\n($98,537,507) on October fifteenth, commencing on October fifteenth,\\nnineteen hundred ninety. Such payments are calculated at an interest\\nrate of eight percent per annum. Provided, however, the retirement board\\nis directed to permit the pre-payment of the amounts outstanding under\\nthis paragraph. The retirement board shall: (1) On or before September\\nfirst, nineteen hundred ninety, in addition to the amount due for the\\ncurrent fiscal year billing and for the payment of the amortized annual\\ninstallment, furnish the total amount due and be authorized to accept\\npre-payment in full of said amount by October fifteenth, nineteen\\nhundred ninety. (2) On or before each September first thereafter, in\\naddition to the amount due for the current fiscal year billing and for\\nthe payment of the annual amortized installment, furnish the total\\namount still outstanding and be authorized to accept the pre-payment of\\nany portion of the balance remaining to be paid by October fifteenth of\\nthat year.\\n j. Prior to June first, nineteen hundred ninety, the valuation rate of\\ninterest adopted by the retirement board on April twenty-seventh,\\nnineteen hundred eighty-nine, may be retroactively revised to eight\\npercent by the retirement board, as recommended by the actuary, as if\\nadopted at the April twenty-seventh, nineteen hundred eighty-nine board\\nmeeting, and the employer contribution rate, adopted by the retirement\\nboard at the April twenty-seventh, nineteen hundred eighty-nine board\\nmeeting, revised by the retirement board at the July twenty-seventh,\\nnineteen hundred eighty-nine board meeting, may be retroactively amended\\nby the retirement board as if adopted at the July twenty-seventh,\\nnineteen hundred eighty-nine board meeting and applied to contributions\\npaid in the nineteen hundred ninety--ninety-one fiscal year.\\nNotwithstanding any provision of law to the contrary, the actions of the\\nretirement board pursuant to the provisions of this paragraph shall be\\ndeemed reasonable, prudent and proper. No member of the retirement\\nboard, officer, or employee of the New York state teachers' retirement\\nsystem shall incur or suffer any liability whatsoever by reason of any\\nactions pursuant to this paragraph, and such system shall save harmless\\nand indemnify all members of the retirement board, its officers and\\nemployees from financial loss arising out of any claim, demand, suit,\\naction or judgment as a result of the actions taken pursuant to this\\nparagraph provided that such person shall, within five days after the\\ndate on which he is served with any summons, complaint, process, notice,\\ndemand, claim or pleading, deliver the original or a true copy thereof\\nto the legal advisor of such system. Upon such delivery, the legal\\nadvisor of such system may assume control of the representation of such\\nperson in connection with such claim, demand, suit, action or\\nproceeding. Such person shall cooperate fully with the legal advisor of\\nthe system or any other person designated to assume such defense in\\nrespect of such representation or defense.\\n k. The retirement board is authorized to adopt procedures and/or to\\npromulgate rules and regulations as it deems necessary to adjust and\\nreconcile any payments from employers to actual amounts due whether such\\npayments were received prior or subsequent to the effective date of the\\nchapter of the laws of nineteen hundred ninety which added this\\nparagraph to this section.\\n l. The provisions of paragraphs h and i of this subdivision shall\\nconstitute a contract and the rights of the New York state teachers'\\nretirement system thereunder shall not be impaired in any way\\nwhatsoever.\\n m. In addition to any other payment or collection procedure provided\\nby this article, if the amounts credited from the appropriation for the\\nsupport of common schools are insufficient to fully cover the amounts to\\nbe contributed by the employers, the retirement board is authorized to\\ncertify the unpaid amount to the state comptroller, and the state\\ncomptroller shall, to the extent not otherwise prohibited by law,\\nwithhold such amount from any succeeding payment from any other form of\\nstate aid provided to the employer. If any employer fails to pay the\\namounts required to be contributed pursuant to this section, the\\nretirement system shall be entitled to reasonable attorney fees and\\nother expenses incurred to collect such amounts due and owing. Fees\\nshall be determined pursuant to prevailing market rates for the kind and\\nquality of the services furnished.\\n n. Notwithstanding any other provision of law to the contrary, the\\nboard of education or trustees of a school district which is a\\nparticipating employer, which has elected to make payments of the\\nemployer contributions due and payable to the retirement system pursuant\\nto paragraph i of this subdivision in amortized annual installments, and\\nwhich has determined to make pre-payment of the total amount of such\\ncontributions outstanding in accordance with said paragraph i, may adopt\\na bond resolution authorizing the refinancing of such debt by the\\nissuance of bonds in the amount of such pre-payment without conducting a\\nvote on a tax to be collected in installments, provided that such\\nrefinancing will result in savings to the school district, as certified\\nby the state comptroller, and provided further that the issuance of such\\nobligations otherwise complies with the requirements of the local\\nfinance law and this chapter.\\n 3. Stable contribution option for participating educational employers\\nfor the two thousand thirteen - two thousand fourteen plan year. a. In\\naddition to the definitions in section five hundred one of this article,\\nwhen used in this subdivision:\\n (1) \"participating educational employer\" shall mean a school district\\nor board of cooperative educational services which elects to pay the\\nstable contribution amount in the manner provided in this subdivision;\\n (2) \"stable contribution amount\" shall mean an amount equal to the\\nstable contribution rate multiplied by the pensionable salary base\\n(exclusive of payments for group term life insurance, deficiency\\ncontributions, adjustments relating to prior fiscal years' obligations,\\nobligations pertaining to retirement incentives or any other obligations\\nthat a participating educational employer is permitted to pay on an\\namortized basis);\\n (3) \"stable contribution rate\" shall mean fourteen percent for the two\\nthousand thirteen - two thousand fourteen plan year and the two thousand\\nfourteen - two thousand fifteen plan year and the rate as adopted by the\\nretirement board in accordance with paragraph h of this subdivision; and\\n (4) \"deferred employer contribution amount\" shall mean an amount\\nadequate to fund the benefits for active and retired members associated\\nwith such participating educational employer had such participating\\neducational employer not elected the provisions of this subdivision.\\nSuch deferred employer contribution amount shall be calculated for each\\nyear of participation in the stable contribution option with associated\\ninterest determined specific to each applicable plan year's deferred\\namount.\\n b. Notwithstanding the provisions of this chapter or any other law to\\nthe contrary, the retirement board, in its discretion, shall have\\nauthority to implement the provisions of this subdivision. If the\\nretirement board elects to implement the provisions of this subdivision,\\nthe provisions shall apply to the payment of participating educational\\nemployer contributions in the plan year commencing July first, two\\nthousand thirteen, for the pension bill paid on September fifteenth,\\nOctober fifteenth, and November fifteenth of two thousand fourteen, and\\nfor the subsequent six plan years. If a participating educational\\nemployer does not elect the stable contribution option in the fiscal\\nyear commencing on July first, two thousand thirteen for the pension\\nbill paid on September fifteenth, October fifteenth, and November\\nfifteenth of two thousand fourteen, it shall not be eligible to elect\\nthe stable contribution option in any succeeding plan year.\\n c. For each of the seven plan years to which the provisions of this\\nsubdivision apply, the retirement board shall use a stable contribution\\nrate established by the retirement board for participating educational\\nemployers.\\n d. If the retirement board, in its discretion, decides to adopt a\\nstable contribution option pursuant to this subdivision, the retirement\\nboard shall determine the stable contribution amount in each plan year\\nfor a participating educational employer pursuant to subparagraph two of\\nparagraph a of this subdivision. Such stable contribution amount shall\\nbe in lieu of a participating educational employer's actuarially\\nrequired contribution rate of normal and administrative contributions\\npursuant to sections five hundred seventeen and five hundred nineteen of\\nthis article for the plan year commencing July first, two thousand\\nthirteen, and for the next six subsequent plan years.\\n e. Any participating educational employer which elects to pay the\\nstable contribution amount pursuant to this subdivision shall pay the\\namount based on the stable contribution rate for a period of seven years\\nand such option shall be available to participating educational\\nemployers from the two thousand thirteen - two thousand fourteen plan\\nyear through the two thousand nineteen - two thousand twenty plan year.\\nIn the sixth plan year, the two thousand eighteen - two thousand\\nnineteen plan year, the participating educational employer shall pay the\\nstable contribution rate and, in addition, commence payment for deferred\\nemployer contributions in accordance with paragraph j of this\\nsubdivision. Commencing with the plan year beginning July first, two\\nthousand twenty, the participating educational employer shall resume\\npayment of the actuarially required contribution rate of normal and\\nadministrative contributions pursuant to sections five hundred seventeen\\nand five hundred nineteen of this article and, in addition, any payment\\nfor deferred employer contribution amounts in accordance with paragraphs\\nj and k of this subdivision.\\n f. A participating educational employer paying a stable contribution\\namount shall remit, commencing with the July first, two thousand\\nthirteen plan year, an amount determined by the retirement board by\\nadding the following two amounts together:\\n (1) the stable contribution amount calculated pursuant to this\\nsubdivision; and\\n (2) payments for group term life insurance, deficiency payments,\\nadjustments relating to prior fiscal years' obligations and obligations\\npertaining to retirement incentives or any other obligations that a\\nparticipating educational employer is permitted to pay on an amortized\\nbasis.\\n g. The stable contribution amount must be paid in full by\\nparticipating educational employers on the dates specified in paragraph\\nh of subdivision two of this section.\\n h. Prior to July first, two thousand fifteen and July first, two\\nthousand seventeen the retirement board is authorized to evaluate the\\nstable contribution rate used to calculate participating educational\\nemployer stable contribution amounts. Such evaluation shall be based on\\na projection of assets and liabilities so as to ensure that\\ncontributions by participating educational employers which participate\\nin the stable contribution option are adequate to ensure that system\\nassets are sufficient to fund benefits for active and retired members.\\nThe retirement board is authorized to increase the stable contribution\\nrate by up to two percentage points on July first, two thousand fifteen\\nand on July first, two thousand seventeen. The revised stable\\ncontribution rate resulting from the foregoing evaluations and July\\nfirst, two thousand fifteen and July first, two thousand seventeen\\nstable rate increases may not, in combination, exceed eighteen percent.\\nThe retirement board is authorized to decrease the stable contribution\\nrate, if warranted, but in no event shall the stable contribution rate\\nbe less than fourteen percent.\\n i. A participating educational employer may elect to terminate\\nparticipation in the stable contribution option and resume payment of\\nthe actuarially required contribution of normal and administrative\\ncontributions in accordance with sections five hundred seventeen and\\nfive hundred nineteen of this article. Provided, however, that such\\nparticipating educational employer which elects to terminate\\nparticipation shall make a reconciliation contribution to the retirement\\nsystem, at an amount to be determined by the retirement board, adequate\\nto fund the benefits for active and retired members associated with such\\nparticipating educational employer had such participating educational\\nemployer not elected the provisions of this subdivision. Such\\nreconciliation contribution shall be made over a period not to exceed\\nfive years and shall be made in addition to the normal and\\nadministrative contributions pursuant to sections five hundred seventeen\\nand five hundred nineteen of this article for the plan year in which\\nsuch participating educational employer chooses to resume payment of the\\nnormal and administrative contributions pursuant to sections five\\nhundred seventeen and five hundred nineteen of this article. For the\\npurposes of determining the reconciliation contribution amount, the\\nretirement board shall assume interest on the deferred employer\\ncontribution amount at a rate which approximates the monthly average\\nyield on United States treasury securities at ten-year constant maturity\\nfor the twelve-month period preceding August first of each year plus one\\npercentage point. The interest rate associated with such deferred\\nemployer contribution amount shall be specific to each applicable plan\\nyear's deferred amount.\\n j. In the sixth plan year, commencing July first, two thousand\\neighteen, all participating educational employers having elected the\\nstable contribution option shall continue to contribute the stable\\ncontribution amount to the retirement system and remit to the retirement\\nsystem the accrued deferred employer contributions accumulated in the\\nfirst five plan years. The stable payment of the deferred employer\\ncontribution accrued by the participating educational employer shall be\\npaid to the retirement system in equal annual installments over a\\nfive-year period, with interest on the unpaid portion to be based on the\\nmonthly average yield on United States treasury securities at a ten-year\\nconstant maturity for the twelve-month period preceding August first of\\neach year plus one percentage point. The interest rate associated with\\nsuch deferred employer contribution amount shall be specific to the rate\\nas measured on August first of the applicable plan year to such deferred\\namount. Payments of the stable installments shall be made in the same\\nmanner as other employer contributions as prescribed in this article.\\nNothing in this subdivision shall be construed as prohibiting such\\nparticipating educational employer from making a reconciliation\\ncontribution in accordance with paragraph i of this subdivision.\\n k. In the eighth plan year, commencing July first, two thousand\\ntwenty, all participating educational employers having elected the\\nstable contribution option shall resume payment of the actuarially\\nrequired contribution rate of normal and administrative contributions in\\naccordance with section five hundred seventeen and five hundred nineteen\\nof this article. Additionally, such employer will remit to the\\nretirement system the accrued deferred employer contributions\\naccumulated during the plan years commencing July first, two thousand\\neighteen and July first, two thousand nineteen of the stable\\ncontribution option. The stable payment of the deferred employer\\ncontribution accrued by the participating educational employer shall be\\npaid to the retirement system in equal annual installments over a\\nfive-year period with interest on the unpaid portion to be based on the\\nmonthly average yield on United States treasury securities at a ten-year\\nconstant maturity for the twelve-month period preceding August first of\\neach year plus one percentage point. The interest rate associated with\\nsuch deferred employer contribution amount shall be specific to the rate\\nas measured on August first of the applicable plan year to such deferred\\namount. Payments of the stable installments shall be made in the same\\nmanner as other employer contributions as prescribed in this article.\\nNothing in this subdivision shall be construed as prohibiting such\\nparticipating educational employer from making a reconciliation\\ncontribution in accordance with paragraph i of this subdivision.\\n l. Notwithstanding the provisions of this subdivision, if the\\nretirement board decides to adopt a stable contribution option, in\\naccordance with this subdivision, and the funded status of the\\nretirement system reaches a threshold below eighty percent at the end of\\nany plan year during the seven plan year term of this option, the option\\nshall cease and participating educational employers who have elected the\\nstable contribution option shall resume payment of the actuarially\\nrequired contribution rate of normal and administrative contributions in\\naccordance with section five hundred seventeen and five hundred nineteen\\nof this article. Additionally, such employer will make a reconciliation\\ncontribution to the retirement system, at an amount to be determined by\\nthe retirement board, adequate to fund the benefits for active and\\nretired members associated with such participating educational employer\\nhad such participating educational employer not elected the provisions\\nof this section. The payment of the deferred employer contribution\\naccrued by the participating educational employer shall be paid to the\\nretirement system in equal annual installments over a five-year period\\nwith interest on the unpaid portion to be based on the monthly average\\nyield on United States treasury securities at a ten-year constant\\nmaturity for the twelve-month period preceding August first of each year\\nplus one percentage point. The interest rate associated with such\\ndeferred employer contribution amount shall be specific to the rate as\\nmeasured on August first of the applicable plan year to such deferred\\namount. Payments of the stable installments shall be made in the same\\nmanner as other employer contributions as prescribed in this article.\\n m. The retirement board is authorized to promulgate rules and\\nregulations for implementation of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "522", "title" : "Transfer of contributions between retirement systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-09-15", "2023-12-29", "2024-05-31" ], "docLevelId" : "522", "activeDate" : "2014-09-22", "sequenceNo" : 392, "repealedDate" : null, "fromSection" : "522", "toSection" : "522", "text" : " § 522. Transfer of contributions between retirement systems. 1. Any\\ncontributor, withdrawing from the retirement system and at such time\\ngiving notice to the retirement board of his intention of becoming\\nwithin two years a member of another teachers' retirement system which\\nis being operated on an actuarial basis either under the laws of this\\nstate or under the laws of another state, provided the system has a\\nprovision similar to this provision permitting reciprocal transfer, may,\\nupon depositing within two years his accumulated contributions in such\\nother retirement system or if the member had no accumulated\\ncontributions credited to his individual account in the retirement\\nsystem, upon joining such other retirement system within two years,\\napply to the retirement board for a transfer from the pension\\naccumulation fund to the corresponding fund of such other retirement\\nsystem of the amount of his pension reserve as of the time when he\\nwithdrew his contributions from the annuity savings fund or filed a\\nnotice of withdrawal with the system, and the retirement board shall\\ntransfer to such other retirement system the amount of such reserve,\\nprovided that, if such other retirement system is not under the laws of\\nthis state, credit for a pension benefit of equivalent actuarial value\\nto the amount of reserve transferred shall be given the teacher in the\\nother retirement system and that the retirement board is satisfied that\\nthe retirement system to which said transfer is made is on a solvent\\nbasis.\\n 2. Any contributor entering the retirement system after having\\nwithdrawn from another retirement system and having given notice at the\\ntime of withdrawal to the retirement board of such system of his\\nintention of becoming within one year a member of the retirement system,\\nmay deposit in the annuity savings fund the amount of his accumulated\\ncontributions withdrawn from such other retirement system or if the\\nmember had no accumulated contributions credited to his individual\\naccount in such other retirement system, such member shall in lieu of\\ndepositing moneys in the annuity savings fund, file a notice of intent\\nto transfer pursuant to rules and regulations adopted by the retirement\\nboard. Within one year of such deposit or the filing of a notice of\\nintent to transfer as provided by this subdivision, the pension reserve\\nto his credit in such other retirement system, if such other retirement\\nsystem is operated upon an actuarial basis under the laws of this state,\\nshall be transferred, and if such other system is operated upon an\\nactuarial basis under the laws of another state, may be transferred to\\nthe pension accumulation fund. Notwithstanding anything to the contrary\\nin this article, such contributor shall be classified in this retirement\\nsystem as a present teacher or as a new entrant accordingly as he would\\nhave been classified had the service rendered in the other retirement\\nsystem been rendered while a member of this retirement system. A person\\nso transferred to this retirement system or who has heretofore\\ntransferred to this retirement system shall be deemed to have been a\\nmember of this retirement system during the entire period of membership\\nservice credited to him in the system from which he has transferred.\\nSuch transferee, however, shall not receive more than three per cent\\ninterest on his contributions and accumulated contributions unless he\\nhas continuously been a member in either the system from which he has\\ntransferred or in this retirement system since a date prior to the first\\nday of July, nineteen hundred forty-eight. This shall not be construed\\nto prevent a change in the interest rate to such member if the interest\\nrate payable to other members of this retirement system is changed. In\\ncase he comes from a retirement system not under the laws of this state,\\nhe shall be given a prior service certificate showing a period of\\nservice such that the liability incurred by the retirement system on his\\naccount by reason of prior service shall be equal in amount to the\\namount of the reserve so transferred, provided that in no case shall\\nsuch a contributor who is classified as a new entrant be given less\\ncredit in his prior service certificate than he would have received had\\nno reserve been transferred on his account. In case a contributor\\ntransfers between retirement systems under the laws of this state, he\\nshall be credited in the system to which he is transferring with all\\nservice allowed to him in the first system. Such contributor,\\nnotwithstanding any other provision of law, shall on retirement after\\nthree years of service in the second retirement system be entitled to a\\npension based on a final average salary earned during any five\\nconsecutive years of service in either retirement system or in both\\nretirement systems together, whichever average amount may be the\\ngreater, with the condition that no such contributor shall be entitled\\non retirement within three years of the date of his transfer to a\\ngreater pension for such service rendered before his transfer than he\\nwould have received had he remained under the pension provisions of the\\nfirst retirement system.\\n 3. Notwithstanding any other provisions of the law, a former member of\\nthe New York city teachers' retirement system who holds membership in\\nthe New York state teachers' retirement system on the effective date of\\nthis act and who would have been entitled to transfer service credit to\\nsuch latter retirement system pursuant to this section had his\\nmembership in the former retirement system not terminated, due to no\\nnegligence on the part of the member, may have his transfer rights under\\nthis section restored by depositing, within one year of the effective\\ndate of this act, in the former retirement system an amount equal to the\\ncontributions withdrawn from such system with regular interest thereon.\\n 4. In the case of a member of the New York city teachers' retirement\\nsystem with a membership date prior to July twenty-seventh, nineteen\\nhundred seventy-six and not less than twenty years of credited service\\nin that system who has transferred his/her membership to the system\\npursuant to this section or section forty-three of the retirement and\\nsocial security law, as applicable and is a member of the system on or\\nafter July first, nineteen hundred ninety-eight, the actuary shall\\ncompute the actuarial accrued liability for the member's pension under\\nsubdivision five of section five hundred thirty-five of this article\\nimmediately following transfer as if such member had always been a\\nmember of the system, using the service credited to such member which\\nwas transferred to the system, the member's salary in connection with\\nsuch service and the actuarial assumptions used to compute pension\\nreserves pursuant to subdivision one of this section. If the sum of the\\nreserve-for-increased-take-home-pay, if any, and the pension reserve\\nreceived by the system from the New York city teachers' retirement\\nsystem in respect of such member exceeds such accrued liability as\\ndetermined by the actuary, such excess shall be allocated as of the date\\nof the receipt of such reserve-for-increased-take-home-pay to the\\nannuity savings fund for the benefit of such member and shall be treated\\nas if it had been contributed to such fund by the member, provided,\\nhowever, that, in no event, may the amount so allocated to the annuity\\nsavings fund as provided herein exceed the amount of such\\nreserve-for-increased-take-home-pay, if any, actually received from the\\nNew York city teachers' retirement system. In the case of any member\\nretiring prior to July first, two thousand one, any accumulated\\ncontributions to the credit of such member in the annuity savings fund\\nas of the member's date of retirement resulting from a determination of\\nthe actuary pursuant to this subdivision shall be paid to the retiree in\\na lump sum with interest at the rate of five per centum per annum from\\nthe date of retirement to the date of payment. The retirement board is\\nauthorized to promulgate such rules and regulations as it may deem\\nnecessary or appropriate to implement this subdivision.\\n 5. Notwithstanding any other provision of law to the contrary, except\\nfor the purposes of providing the benefits, if any, of subdivision four\\nof this section, with respect to transfers pursuant to this section\\nwhich occur on or after the effective date of this subdivision, no\\ntransfer of a pension reserve pursuant to subdivision one or two of this\\nsection shall be required when the member is transferring from a public\\nemployee retirement system of this state to any other public employee\\nretirement system of this state. For the purpose of giving the\\ntransferring member such status and crediting such service in the\\nretirement system to which the member is transferring as such member was\\nallowed in the retirement system from which the member has transferred,\\nthe transfer shall be deemed complete upon receipt by the transferee\\nretirement system of (a) a statement from the transferor retirement\\nsystem of the transferring member's date of membership in the transferor\\nretirement system, tier status, service credited to the transferred\\nmembership, and such other information as the transferee retirement\\nsystem may require to effectuate the transfer, and (b) such member's\\naccumulated contributions from the transferor retirement system, if same\\nhad not been previously withdrawn, or notice from the transferor\\nretirement system that such member had no accumulated contributions, or\\nnotice from the transferor retirement system that such member's\\naccumulated contributions had been withdrawn and the amount thereof and,\\nas applicable, receipt from such member of such member's accumulated\\ncontributions and interest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "523", "title" : "State supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "523", "activeDate" : "2014-09-22", "sequenceNo" : 393, "repealedDate" : null, "fromSection" : "523", "toSection" : "523", "text" : " § 523. State supervision. The operation of the retirement system shall\\nbe subject to the supervision of the state department of financial\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "524", "title" : "Exemption from taxation and execution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "524", "activeDate" : "2014-09-22", "sequenceNo" : 394, "repealedDate" : null, "fromSection" : "524", "toSection" : "524", "text" : " § 524. Exemption from taxation and execution. The right of a teacher\\nto a pension, an annuity, or a retirement allowance, to the return of\\ncontributions, any benefit or right accrued or accruing to any person\\nunder the provisions of this article, and the moneys in the various\\nfunds created hereunder, are hereby exempt from any state or municipal\\ntax, and shall not be subject to execution, garnishment, attachment or\\nany other process whatsoever, and shall be unassignable except as in\\nthis article specifically provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "525", "title" : "Protection against fraud", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "525", "activeDate" : "2014-09-22", "sequenceNo" : 395, "repealedDate" : null, "fromSection" : "525", "toSection" : "525", "text" : " § 525. Protection against fraud. 1. Any person who shall knowingly\\nmake any false statement, or shall falsify or permit to be falsified any\\nrecord or records of this retirement system in any attempt to defraud\\nsuch system as a result of such act, shall be guilty of a misdemeanor,\\nand shall be punishable therefor under the laws of the state of New\\nYork.\\n 2. Any violation of subdivision one of this section that results in a\\nmember or beneficiary of the retirement system receiving a benefit or\\npayment in excess of one thousand dollars more than he or she would have\\nbeen entitled to shall be a class E felony. Any violation of subdivision\\none of this section that results in a member or beneficiary of the\\nretirement system to receive a benefit or payment in excess of three\\nthousand dollars more than he or she would have been entitled to shall\\nbe a class D felony.\\n 3. Should any change or error in records result in any employee or\\nbeneficiary receiving from the retirement system more or less than he\\nwould have been entitled to receive had the records been correct, then,\\non the discovery of any such error, the retirement board shall correct\\nsuch error, and, as far as practicable, shall adjust the payments in\\nsuch a manner that the actuarial equivalent of the benefit to which he\\nwas correctly entitled shall be paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "526", "title" : "Merger of local teachers' retirement and pension systems with the state system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "526", "activeDate" : "2014-09-22", "sequenceNo" : 396, "repealedDate" : null, "fromSection" : "526", "toSection" : "526", "text" : " § 526. Merger of local teachers' retirement and pension systems with\\nthe state system. 1. On April ninth, nineteen hundred twenty-three, the\\npublic school teachers' retirement fund or system or the teachers\\nretirement or pension system of every city of the state having a\\npopulation of less than one million, created, established or maintained\\nunder and pursuant to the provisions of any local act, having been\\ndissolved and discontinued and said systems at such time having become a\\npart of and been merged with the New York state teachers' retirement\\nsystem created, established and maintained as provided in this article,\\non and after such date the provisions of this article shall apply,\\nexcept as herein otherwise provided, to the city in and for which such\\nlocal system was created, established and maintained and to the teachers\\nemployed in the public schools therein, to the same extent and with the\\nsame purpose and effect as though the said system in every such city had\\nbeen dissolved and discontinued and had become a part of the state\\nteachers' retirement system under the provisions of former section\\neleven hundred nine-b of the education law, as added by chapter four\\nhundred forty-nine of the laws of nineteen hundred eleven, prior to\\nAugust first, nineteen hundred twenty-one.\\n Within thirty days after April ninth, nineteen hundred twenty-three,\\nthe trustees or other officers of any public school teachers' retirement\\nfund or system dissolved and discontinued shall cause to be transferred\\nto the state treasurer as ex officio treasurer and custodian of the\\nfunds of the New York state teachers' retirement system all the funds to\\nthe credit of such retirement fund or system so dissolved or\\ndiscontinued. The treasurer or other custodian of any such public school\\nteachers' retirement fund or system dissolved and discontinued shall pay\\nand account for all moneys or funds in his possession, at such time,\\nbelonging to such retirement fund or system to the said state treasurer\\nas ex officio treasurer and custodian of the funds of the New York state\\nteachers' retirement system, and the funds so paid over shall thereupon\\nbecome a part of the retirement fund of New York state teachers'\\nretirement system.\\n 2. All members of any public school teachers' retirement system or\\nfund, dissolved and discontinued as herein provided, who are eligible to\\nmembership under the provisions of this article, may become members of\\nthe state teachers' retirement system, upon complying with the\\nprovisions of this article.\\n 3. All persons who had been placed upon the retirement list in\\naccordance with the provisions of the act creating any now dissolved and\\ndiscontinued teachers' retirement system or fund, prior to April ninth,\\nnineteen hundred twenty-three, shall be entitled to receive the same\\namounts which they would have been entitled to receive under the\\nprovisions of this article if the said retirement fund or system had\\nbeen dissolved or discontinued as provided by law prior to August first,\\nnineteen hundred twenty-one. And the amount paid to such annuitants\\nshall in no case be less than the amount which they would have\\nrespectively received had the retirement system or fund of which they\\nwere members not been dissolved and discontinued as herein provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "527", "title" : "Notwithstanding any other provision of law to the contrary the retirement board shall determine the annuity payable as of the date of ret...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "527", "activeDate" : "2014-09-22", "sequenceNo" : 397, "repealedDate" : null, "fromSection" : "527", "toSection" : "527", "text" : " § 527. Notwithstanding any other provision of law to the contrary the\\nretirement board shall determine the annuity payable as of the date of\\nretirement to each member of the system retired prior to the\\ntwenty-eighth day of August, nineteen hundred fifty-eight, on the basis\\nof the mortality tables in force either on the first day of July,\\nnineteen hundred forty or the date such person joined the system,\\nwhichever occurred later, and shall cause any additional amount which\\nwould have been paid from the date of retirement had the annuity been\\ndetermined on such basis at retirement, to be paid to any retired\\nmember, his designated beneficiary or estate, provided an application is\\nfiled with the retirement board in the manner prescribed by the\\nretirement board and thereafter any such annuity as so determined shall\\nbe paid to each such retired member or his designated beneficiary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "528", "title" : "Pensions-providing-for-increased-take-home-pay", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-03-06" ], "docLevelId" : "528", "activeDate" : "2014-09-22", "sequenceNo" : 398, "repealedDate" : null, "fromSection" : "528", "toSection" : "528", "text" : " § 528. Pensions-providing-for-increased-take-home-pay. 1.\\nNotwithstanding any other provision of law to the contrary,\\n a. beginning with the payroll period the first day of which is nearest\\nto April first, nineteen hundred sixty, and ending with the payroll\\nperiod immediately prior to that the first day of which is nearest to\\nApril first, nineteen hundred seventy, the contribution of each member\\nof the retirement system who is a teacher within the provisions of\\nsubdivision four of section five hundred one of this article in the\\nemploy of the state of New York shall be reduced by five per centum of\\nthe compensation paid such member, and\\n b. beginning with the payroll period the first day of which is nearest\\nto April first, nineteen hundred sixty-four, and ending with the payroll\\nperiod immediately prior to that the first day of which is nearest to\\nApril first, nineteen hundred seventy, the contribution of each member\\nof the retirement system who is a teacher within the provisions of\\nsubdivision four of section five hundred one of this article in the\\nemploy of the state of New York shall be reduced by an additional three\\nper centum of the compensation paid such member, and\\n c. beginning with the payroll period the first day of which is nearest\\nto April first, nineteen hundred sixty-six, and ending with the payroll\\nperiod immediately prior to that the first day of which is nearest to\\nApril first, nineteen hundred seventy, the contribution of each member\\nof the retirement system who is a teacher within the provisions of\\nsubdivision four of section five hundred one of this article in the\\nemploy of the state of New York whose rate of contribution is in excess\\nof eight per centum shall be suspended.\\n Where a member's rate of contribution is less than the per centum by\\nwhich his contribution is reduced, such rate shall be discontinued. A\\nmember whose rate of contribution shall be reduced pursuant to the\\nprovisions of this subdivision shall be deemed to have elected to have\\nhis rate so reduced unless he files an election pursuant to the\\nprovisions of subdivision two of this section.\\n 2. Any member whose rate of contribution is reduced pursuant to the\\nprovisions of subdivision one of this section may by a written notice,\\nduly acknowledged and filed with the retirement board within one year\\nafter such reduction or within one year after he last became a member,\\nwhichever is later, elect to make an additional contribution in addition\\nto other contributions otherwise allowed in this article equal to the\\namount of such reduction. One year or more after the filing of such\\nnotice a member may withdraw such election by filing a written notice\\nduly acknowledged and filed with the retirement board.\\n 3. For the period of time as the provisions of this section shall be\\nin effect, contributions for each member of the system whose rate of\\ncontribution is reduced by virtue of the provisions of subdivision one\\nof this section shall be made to the pension accumulation fund by the\\nstate of New York in the same manner and at the same time as other\\ncontributions made by the state as employer of members of the retirement\\nsystem at a rate fixed by the actuary which shall be computed to be\\nsufficient to provide pensions-providing-for-increased-take-home-pay and\\nother benefits which become payable on account of members in the employ\\nof the state. The actuary engaged by the retirement board shall compute\\nan additional contribution to be known as the \"special deficiency\\ncontribution to provide a reserve-for-increased-take-home-pay.\" The\\namount of the reserve-for-increased-take-home-pay shall be the present\\nvalue of that per centum of the member's compensation by which his\\ncontribution is reduced, or would otherwise be reduced if his rate of\\ncontribution equaled or exceeded eight per centum, during the period for\\nwhich his rate of contribution was reduced as provided in subdivision\\none, plus regular and additional interest thereon to the date that\\npension and other benefits become payable.\\n 4. Upon retirement a member whose rate of contribution shall be\\nreduced pursuant to the provisions of subdivision one of this section\\nwill receive, in addition to the annuity and other pension benefits\\nprovided by this article, a pension which is the actuarial equivalent of\\nthe reserve-for-increased-take-home-pay to which he may be entitled, if\\nany.\\n 5. In addition to the return of accumulated contributions and the\\ndeath benefit provided by the provisions of section five hundred twelve\\nof this article, upon the death of a member who died before the\\neffective date of his retirement and was in service upon which his\\nmembership was based when he died or was on the payroll in such service\\nand paid within a period of twelve months prior to his death and had not\\nbeen otherwise gainfully employed since he ceased to be on such payroll,\\nand provided further, he had credit for one or more years of service\\nwhile actually a member, then the reserve-for-increased-take-home-pay\\nattributable to such member shall be paid in the same manner and at the\\nsame time as the death benefit is paid by reason of such member's\\nmembership in the retirement system.\\n 6. The reserve-for-increased-take-home-pay shall be a portion of the\\npension accumulation fund and upon the retirement of a new entrant an\\namount equal to the reserve-for-increased-take-home-pay for such member\\nshall be transferred from the pension accumulation fund to the pension\\nreserve fund.\\n 7. If a person has been a member of the retirement system and\\ncontributions have been made by the state as his employer to provide a\\nreserve-for-increased-take-home-pay and such person has ceased to be a\\nmember of the system and upon rejoining the retirement system claims\\ncredit for such period, the member shall not be required to pay for such\\nyears of service as a contribution shall have been made by the state for\\npensions-providing-for-increased-take-home-pay pursuant to the\\nprovisions of this section.\\n 8. Commencing with the payroll period the first day of which is\\nnearest to April first, nineteen hundred sixty-one, the provisions of\\nthis section shall not apply to any member for any period or periods\\nduring which he ceases or has ceased contributing toward retirement\\npursuant to subdivision one of section five hundred sixteen of this\\narticle, provided, however, that such member shall receive credit\\npursuant to this section for such period or periods for which he\\ncontributes or has contributed toward retirement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "529", "title" : "Pensions providing for increased take home pay for certain teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "529", "activeDate" : "2014-09-22", "sequenceNo" : 399, "repealedDate" : null, "fromSection" : "529", "toSection" : "529", "text" : " § 529. Pensions providing for increased take home pay for certain\\nteachers. Notwithstanding any other provisions of law to the contrary,\\nbeginning with the payroll period the first day of which is nearest to\\nApril first, nineteen hundred sixty-one and ending with the payroll\\nperiod immediately prior to that the first day of which is nearest to\\nApril first, nineteen hundred seventy, any member of the retirement\\nsystem who is a teacher within the provisions of subdivision four of\\nsection five hundred one of this article in the employ of a community\\ncollege shall be deemed for the purposes of providing pensions for\\nincreased take home pay to be a teacher within the provisions of section\\nfive hundred twenty-eight of this article, provided that the board of\\ntrustees of the community college employing such teacher files with the\\nretirement board a certified copy of the resolution, approved by the\\nlocal sponsor acting through its local legislative body or board or\\nother appropriate governing agency, of such board of trustees resolving\\nthat teachers employed in such community college shall be eligible for\\npensions providing for increased take home pay. Such resolutions shall\\nalso specify the per centum of their compensation by which their\\ncontributions shall be reduced, which shall be five per centum unless\\neight per centum is specifically designated. In the event that such an\\napproved resolution is so filed, the contributions of such teachers so\\nemployed in such community college shall be reduced by either five per\\ncentum or eight per centum of their compensation, as provided in such\\nresolution, in the manner prescribed in section five hundred\\ntwenty-eight of this article beginning with the payroll period the first\\nday of which is nearest to the first day of the month following the day\\nsuch certified approved resolution is filed, and thereafter the\\ncontributions for each member of the retirement system employed by such\\ncommunity college whose rate of contribution is reduced by virtue of the\\nprovisions of this section and section five hundred twenty-eight of this\\narticle shall be made to the pension accumulation fund by such community\\ncollege, the local sponsor, the local legislative body or board or other\\nappropriate governing agency in the same manner and at the same time as\\nother contributions are made by such community college, the local\\nsponsor, the local legislative body or board or other appropriate\\ngoverning agency as the employer of members of the retirement system at\\na rate to be fixed in accordance with the procedure prescribed in\\nsection five hundred twenty-eight of this article, and all applicable\\nprovisions of said section five hundred twenty-eight subject to the\\napplicable per centum of a teacher's compensation by which his\\ncontribution shall be reduced shall apply to such community college, the\\nlocal sponsor, the local legislative body or board or other appropriate\\ngoverning agency and to members of the retirement system employed by\\nsuch board of trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "530", "title" : "Pensions-providing-for-increased-take-home-pay-for-teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "530", "activeDate" : "2014-09-22", "sequenceNo" : 400, "repealedDate" : null, "fromSection" : "530", "toSection" : "530", "text" : " § 530. Pensions-providing-for-increased-take-home-pay-for-teachers. 1.\\nNotwithstanding any other provision of law to the contrary, a. beginning\\non the first day of July, nineteen hundred sixty-five, and ending on the\\nthirtieth day of June, nineteen hundred seventy, the contribution of\\neach member of the retirement system who is a teacher within the\\nprovisions of subdivision four of section five hundred one of this\\narticle who is not in the employ of the state of New York or who is not\\nin the employ of a community college shall be reduced by five per centum\\nof the compensation paid such member, and\\n b. beginning on the first day of July, nineteen hundred sixty-seven,\\nand ending on the thirtieth day of June, nineteen hundred seventy, the\\ncontribution of each member of the retirement system who is a teacher\\nwithin the provisions of subdivision four of section five hundred one of\\nthis article who is not in the employ of the state of New York or who is\\nnot in the employ of a community college shall be reduced by an\\nadditional three per centum of the compensation paid such member.\\n Where a member's rate of contribution is less than the per centum by\\nwhich his contribution is reduced, such rate shall be discontinued. A\\nmember whose rate of contribution shall be reduced pursuant to the\\nprovisions of this subdivision shall be deemed to have elected to have\\nhis rate so reduced unless he files an election pursuant to the\\nprovisions of subdivision two of this section.\\n 2. Any member whose rate of contribution is reduced pursuant to the\\nprovisions of subdivision one of this section may by a written notice,\\nduly acknowledged and filed with the retirement board within one year\\nafter such reduction or within one year after he last became a member,\\nwhichever is later, elect to make an additional contribution in addition\\nto other contributions otherwise allowed in this article equal to the\\namount of such reduction. One year or more after the filing of such\\nnotice a member may withdraw such election by filing a written notice\\nduly acknowledged and filed with the retirement board.\\n 3. For the period of time as the provisions of this section shall be\\nin effect, contributions for each member of the system whose rate of\\ncontribution is reduced by virtue of the provisions of subdivision one\\nof this section shall be made to the pension accumulation fund by his\\nemployer in the same manner and at the same time as other contributions\\nmade by the employer as employer of members of the retirement system at\\na rate fixed by the actuary which shall be computed to be sufficient to\\nprovide pensions-providing-for-increased-take-home-pay-for-teachers and\\nother benefits which become payable on account of members not employed\\nby the state of New York or by a community college. The actuary engaged\\nby the retirement board shall compute an additional contribution to be\\nknown as the \"special deficiency contribution to provide a\\nreserve-for-increased-take-home-pay-for-teachers.\" The amount of the\\nreserve-for-increased-take-home-pay-for-teachers shall be the present\\nvalue of that per centum of the member's compensation by which his\\ncontribution is reduced, or would otherwise be reduced if his rate of\\ncontribution equaled or exceeded eight per centum, during the period for\\nwhich his rate of contribution was reduced as provided in subdivision\\none, plus regular and additional interest thereon to the date that\\npension and other benefits become payable.\\n 4. Upon retirement a member whose rate of contribution shall be\\nreduced pursuant to the provisions of subdivision one of this section\\nwill receive, in addition to the annuity and other pension benefits\\nprovided by this article, a pension which is the actuarial equivalent of\\nthe reserve-for-increased-take-home-pay-for-teachers to which he may be\\nentitled, if any.\\n 5. In addition to the return of accumulated contributions and the\\ndeath benefit provided by the provisions of section five hundred twelve\\nof this article, upon the death of a member who died before the\\neffective date of his retirement and was in service upon which his\\nmembership was based when he died or was on the payroll in such service\\nand paid within a period of twelve months prior to his death and had not\\nbeen otherwise gainfully employed since he ceased to be on such payroll,\\nand provided further, he had credit for one or more years of service\\nwhile actually a member, then the\\nreserve-for-increased-take-home-pay-for-teachers attributable to such\\nmember shall be paid in the same manner and at the same time as the\\ndeath benefit is paid by reason of such member's membership in the\\nretirement system.\\n 6. The reserve-for-increased-take-home-pay-for-teachers shall be a\\nportion of the pension accumulation fund and upon the retirement of a\\nnew entrant an amount equal to the\\nreserve-for-increased-take-home-pay-for-teachers for such member shall\\nbe transferred from the pension accumulation fund to the pension reserve\\nfund.\\n 7. If a person has been a member of the retirement system and\\ncontributions have been made by his employer to provide a\\nreserve-for-increased-take-home-pay-for-teachers and such person has\\nceased to be a member of the system and upon rejoining the retirement\\nsystem claims credit for such period, the member shall not be required\\nto pay for such years of service as a contribution shall have been made\\nby his employer for pensions-providing-for-increased-take-home-pay-for-\\nteachers pursuant to the provisions of this section.\\n 8. The provisions of this section shall not apply to any member for\\nany period or periods during which he ceases or has ceased contributing\\ntoward retirement pursuant to subdivision one of section five hundred\\nsixteen of this article, provided, however, that such member shall\\nreceive credit pursuant to this section for such period or periods for\\nwhich he contributes or has contributed toward retirement.\\n 9. Each member of the retirement system as defined in subdivision one\\nof this section who is employed in the city school districts of the\\ncities of Buffalo and Yonkers may have his contribution reduced pursuant\\nto this section by five percentum of the compensation paid such member\\nduring the school year commencing July first, nineteen hundred\\nsixty-four, provided his employer shall adopt and file with the\\nretirement board a resolution to such effect prior to July first,\\nnineteen hundred sixty-four.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "531", "title" : "Abandonment of unclaimed contributions or other benefits; transfer to the pension accumulation fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "531", "activeDate" : "2014-09-22", "sequenceNo" : 401, "repealedDate" : null, "fromSection" : "531", "toSection" : "531", "text" : " § 531. Abandonment of unclaimed contributions or other benefits;\\ntransfer to the pension accumulation fund. 1. Except as otherwise\\nspecifically provided by this article, after at least seven years have\\nelapsed since the member or contributor withdrew from service or ceased\\nto be a teacher for any cause other than death or retirement or seven\\nyears have elapsed from the date any other person became entitled to a\\nbenefit pursuant to this article, the retirement board may send a\\nstatement to such person at the last known address of the person setting\\nforth the amount of the accumulated contributions or other benefits\\nstanding to the credit of such person and give notice to said person\\nthat unless he demands payment of said amount prior to a date at least\\none year from the date the notice is given, said amount will be deemed\\nabandoned and will be transferred by the retirement board to the pension\\naccumulation fund.\\n 2. The retirement board shall cause to be published at least once in\\nan appropriate publication of the New York state department of\\neducation, a publication for professional educators or in a periodical\\nof general circulation, a list setting forth the names of persons who\\nhave unclaimed accumulated contributions or other benefits in the New\\nYork state teachers' retirement system.\\n 3. At the expiration of six months from the date of the publication of\\nthe notices required by subdivision two of this section, the accumulated\\ncontributions or other benefits of the persons so listed shall be deemed\\nabandoned and shall be placed in the pension accumulation fund to be\\nused for the purposes of said fund.\\n 4. Any accumulated contributions or other benefits so deemed abandoned\\nand transferred to the pension accumulation fund may be claimed by the\\nperson entitled to the accumulated contributions or other benefits, or\\nin the event of his death by his estate or by such person or persons as\\nhe shall have nominated to receive such accumulated contributions, by\\nfiling a claim with the retirement board in such form and in such manner\\nas may be prescribed by the retirement board, seeking the return of such\\nabandoned accumulated contributions or other benefits without interest,\\nand in the event such claim is properly made the retirement board shall\\npay over to the person or persons or estate making such claim the amount\\nof such accumulated contributions or other benefits without interest.\\nThe payment shall be made from the pension accumulation fund.\\n 5. Notwithstanding any provision of this section to the contrary and\\nin lieu of any other procedure provided for in this section, the\\nretirement board is authorized to mandate the distribution of unclaimed\\namounts not to exceed one thousand dollars in each case to former\\nmembers or contributors, or persons entitled to a benefit from the\\nsystem, in cases in which at least seven years have elapsed since the\\nmember or contributor withdrew from service or ceased to be a teacher\\nfor any cause other than death or retirement or at least seven years\\nhave elapsed from the date any other person became entitled to a benefit\\nfrom the system pursuant to any provision of this chapter or of the\\nretirement and social security law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "532", "title" : "Supplemental retirement allowance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-05" ], "docLevelId" : "532", "activeDate" : "2014-09-22", "sequenceNo" : 402, "repealedDate" : null, "fromSection" : "532", "toSection" : "532", "text" : " § 532. Supplemental retirement allowance. a. A supplemental retirement\\nallowance shall be paid to pensioners who have retired from the\\nretirement system prior to the calendar year nineteen hundred\\nninety-four. Such supplemental retirement allowance shall be payable on\\nthe basis provided for herein, commencing with a payment for the month\\nof September, nineteen hundred ninety-nine and continuing through the\\nmonth of August, two thousand. Said supplemental retirement allowance\\nshall be a percentage of the retirement allowance otherwise payable,\\ncomputed without optional modification, but excluding any annuity\\nderived from voluntary contributions made by members, except those made\\npursuant to elections under subdivision one of section five hundred\\neleven-a or paragraph c of subdivision three of section five hundred\\nsixteen of this article. Said percentage, for each calendar year of\\nretirement, is set forth in subdivision b of this section. Said\\nsupplemental retirement allowance shall be computed on the basis of the\\nfirst fourteen thousand dollars of such annual retirement allowance and\\nshall be payable commencing September first, nineteen hundred\\nninety-nine to all disability pensioners and recipients of an accidental\\ndeath benefit, and to other pensioners who have attained age sixty-two\\nor who have been retired for ten or more years and have attained age\\nfifty-five.\\n b. 1. In calculating the supplemental retirement allowance in\\naccordance with subdivision a of this section, the following percentages\\nwill be used for each calendar year of retirement, as appropriate:\\nCalendar year of retirement Percentage\\n1993 1.5\\n1992 1.5\\n1991 1.5\\n1990 1.5\\n1989 2.8\\n1988 3.7\\n1987 4.5\\n1986 5.5\\n1985 6.3\\n1984 7.4\\n1983 8.3\\n1982 10.5\\n1981 12.5\\n1980 15.6\\n1979 19.9\\n1978 25.4\\n1977 30.3\\n1976 37.8\\n1975 42.5\\n1974 54.0\\n1973 73.0\\n1972 86.0\\n1971 96.7\\n1970 105.0\\n1969 141.8\\n1968 169.0\\n1967 195.9\\n1966 203.7\\n1965 230.5\\n1964 254.5\\n1963 278.6\\n1962 310.0\\n1961 330.0\\n1960 340.0\\n1959 390.0\\n1958 427.3\\n1957 442.3\\n The supplemental retirement allowance shall be rounded off to the\\nnearest dollar.\\n 1-a. For those pensioners retired from the retirement system prior to\\nthe calendar year nineteen hundred fifty-seven the percentage referred\\nto in this section shall be determined by the ratio of two indexes, in\\nthe following manner. The average of the twelve monthly consumer price\\nindexes of the calendar year nineteen hundred ninety-five divided by the\\naverage of the twelve monthly consumer price indexes of the calendar\\nyear of retirement shall be the ratio of the indexes. Said ratio, minus\\none, shall be expressed as a percentage and shall be adjusted to the\\nlower one-tenth of one per centum. Such adjusted percentage shall be the\\npercentage of the retirement allowance, computed without optional\\nmodification, which is payable as a supplement. Such percentage shall be\\ncomputed by the actuary and certified to the retirement board which\\nshall, by directive, promulgate a schedule of percentages by year of\\nretirement to be used for this purpose. The supplemental retirement\\nallowance shall be rounded off to the nearest dollar.\\n c. The benefits herein above provided for shall be in lieu of the\\nbenefits presently provided by section five hundred ten and articles\\nfour and six of the retirement and social security law, unless such\\nbenefits are in excess of those provided by this section, in which\\nlatter case such benefits shall be paid by the retirement system\\npursuant to this section.\\n d. Notwithstanding any other provision of law, the widow or widower of\\na deceased retired teacher, who had elected one of the options under\\nsection five hundred thirteen of this article which provides that\\nbenefits are to be continued for life to the widow or widower after the\\ndeath of the teacher, shall be entitled to receive a monthly\\nsupplemental retirement allowance pursuant to this subdivision. Such\\nmonthly supplemental retirement allowance shall commence (1) with the\\npayment for the month of September, nineteen hundred seventy-eight, or\\n(2) the month following commencement of widowhood or widowerhood,\\nwhichever is later. The amount of the supplemental retirement allowance\\nprovided by this subdivision shall be one-half of the amount which would\\nhave been payable to the retiree as a supplemental retirement allowance,\\nhad he or she survived.\\n e. 1. Each pensioner of the retirement system who retired before July\\nfirst, nineteen hundred seventy shall be paid, commencing with a payment\\nfor the month of July two thousand one a basic supplemental pension, the\\ntotal of which when added to his yearly retirement allowance computed\\nwithout optional modification, but excluding any annuity derived from\\ncontributions made by members pursuant to paragraphs a and b of\\nsubdivision three of section five hundred sixteen, section five hundred\\ntwenty-eight, section five hundred twenty-nine, section five hundred\\nthirty, section five hundred thirty-three and section five hundred\\nthirty-five of this article, shall equal the lesser of seventeen\\nthousand five hundred dollars or the sum of five hundred dollars\\nmultiplied by the number of years of full-time New York state service\\nnot to exceed thirty-five years with which he was credited at the time\\nof his retirement.\\n 2. The benefits provided for pursuant to this subdivision shall be in\\nlieu of the benefits provided by articles four and six of the retirement\\nand social security law, subdivisions a, b and c of this section, and\\nsubdivision f of section five hundred thirty-two-a of this article,\\nunless such a retired member would be eligible to receive a greater\\nbenefit pursuant to any of such provisions, in which latter case this\\nsubdivision shall not apply.\\n f. Contributions shall be made to the supplemental retirement\\nallowance fund by, or on account of, each employer at a rate computed by\\nthe actuary and approved by the retirement board, which shall be\\ncomputed to be sufficient to provide the benefits established by this\\nsection which are payable during the period of time that this section\\nshall be in effect. The retirement board may from time to time transfer\\nsufficient monies from the pension accumulation fund to the supplemental\\nretirement allowance fund to meet the obligations imposed by this\\nsection. Such advances shall be restored to the pension accumulation\\nfund pursuant to paragraph a of subdivision two of section five hundred\\ntwenty-one of this article.\\n g. 1. Commencing July first, nineteen hundred eighty-three, an\\nadditional supplemental pension shall be paid to those pensioners who on\\nJune thirtieth, nineteen hundred eighty-three were receiving\\nsupplemental benefits computed pursuant to article four of the\\nretirement and social security law or computed pursuant to paragraph one\\nof subdivision e of this section as it read prior to amendment by\\nchapter four hundred seven of the laws of nineteen hundred\\nseventy-seven. Such additional supplemental pension shall equal ten\\npercent of the total of the supplemental pension paid to such pensioner\\npursuant to article four of the retirement and social security law or\\nparagraph one of subdivision e of this section as it read prior to\\namendment by chapter four hundred seven of the laws of nineteen hundred\\nseventy-seven, and the yearly retirement allowance computed without\\noptional modification, but excluding any annuity derived from voluntary\\ncontributions made by members, pursuant to paragraphs a and b of\\nsubdivision three of section five hundred sixteen, section five hundred\\ntwenty-eight, section five hundred twenty-nine, section five hundred\\nthirty, section five hundred thirty-three and section five hundred\\nthirty-five of this article.\\n 2. The benefits provided pursuant to paragraph one of this subdivision\\nshall be in lieu of the benefits provided by any other provision of law,\\nunless such a pensioner would be eligible to receive a greater benefit\\npursuant to any such other provision, in which latter case this\\nsubdivision shall not apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "532-A", "title" : "Cost-of-living adjustment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "532-A", "activeDate" : "2014-09-22", "sequenceNo" : 403, "repealedDate" : null, "fromSection" : "532-A", "toSection" : "532-A", "text" : " § 532-a. Cost-of-living adjustment. a. A cost-of-living adjustment\\nshall be payable on the basis provided for in this section to: (i) all\\npensioners who have attained age sixty-two and have been retired for\\nfive years; (ii) all pensioners who have attained age fifty-five and\\nhave been retired for ten years; (iii) all disability pensioners\\nregardless of age who have been retired for five years; and (iv) all\\nrecipients of an accidental death benefit regardless of age who have\\nbeen receiving such benefit for five years.\\n b. Said cost-of-living adjustment shall be a percentage of the annual\\nretirement allowance otherwise payable, computed without optional\\nmodification, excluding any annuity derived from voluntary contributions\\nmade by members, except those made pursuant to elections under\\nsubdivision one of section five hundred eleven-a or paragraph c of\\nsubdivision three of section five hundred sixteen of this article, but\\nincluding any benefit derived from subdivision f of this section and any\\nprior year's cost-of-living adjustment derived from this section. Said\\npercentage is set forth in subdivision d of this section.\\n c. Said cost-of-living adjustment shall be computed on a base benefit\\namount not to exceed eighteen thousand dollars of the annual retirement\\nallowance defined in subdivision b of this section.\\n d. The percentage referred to in this section shall be determined\\nannually by reference to the consumer price index (all urban consumers,\\nCPI-U, U.S. city average, all items, 1982-84=100), published by the\\nUnited States bureau of labor statistics, for each applicable calendar\\nyear. Said percentage shall equal fifty percent of the annual inflation,\\nas determined from the increase in the consumer price index in the one\\nyear period ending on the March thirty-first prior to the cost-of-living\\nadjustment effective on the ensuing September first. Said percentage\\nshall then be rounded up to the next higher one-tenth of one percent and\\nshall not exceed three percent nor be less than one percent.\\n e. Said cost-of-living adjustment shall be payable in monthly\\ninstallments and shall take effect September first of each year\\ncommencing with a payment for the month of September, two thousand one,\\nor, if later, as soon as practicable after the retired member first\\nbecomes eligible to receive the benefits provided pursuant to paragraph\\na of this section.\\n f. Commencing September first, two thousand, all retired members who\\nhave retired prior to the calendar year nineteen hundred ninety-seven\\nand who meet the eligibility criteria set forth in subdivision a of this\\nsection shall be paid an adjusted benefit in monthly installments on the\\nbasis provided for in this subdivision. Said adjusted benefit shall be\\nequal to a percentage of the change in consumer price index (all urban\\nconsumers, CPI-U, U.S. city average, all items, 1982-84=100), published\\nby the United States bureau of labor statistics, measured from the year\\nof retirement through calendar year nineteen hundred ninety-seven\\naccording to the following schedule:\\n Year of retirement Percentage\\n 1968 through 1996 50%\\n 1966 and 1967 55%\\n 1965 60%\\n 1964 65%\\n 1963 70%\\n 1962 80%\\n 1961 90%\\n prior to 1961 100%\\nSaid adjusted benefit shall be computed on a base benefit amount not to\\nexceed eighteen thousand dollars of the retirement allowance otherwise\\npayable, computed without optional modification excluding any annuity\\nderived from voluntary contributions made by members, except those made\\npursuant to elections under subdivision one of section five hundred\\neleven-a or paragraph c of subdivision three of section five hundred\\nsixteen of this article. Any benefits received pursuant to this\\nsubdivision shall be in lieu of any benefits received pursuant to\\nsection five hundred thirty-two of this article, unless such benefits\\nare in excess of those provided by this section, in which case such\\nbenefits shall be paid by the retirement system pursuant to such\\nprovision.\\n g. Notwithstanding any other provision of law, the surviving spouse of\\na deceased retired member who retired under an option which provides\\nthat benefits are to be continued for life to the surviving spouse after\\nthe death of the retired member, shall be entitled to receive benefits\\npursuant to this section. Said benefits shall be fifty percent of the\\nmonthly benefits which the pensioner would be receiving pursuant to this\\nsection if living, and shall commence (i) with a payment for the month\\nof September, two thousand, or (ii) the month following the death of the\\ndeceased retired member, whichever is later.\\n h. The benefits provided pursuant to this section shall be in lieu of\\nthe benefits presently provided by section five hundred ten or article\\nfour or six of the retirement and social security law unless such\\nbenefits are in excess of those provided by this section, in which case\\nsuch benefits shall be paid by the retirement system pursuant to such\\nprovision.\\n i. The liability created by this section shall be funded through the\\nnormal rate of contribution in accordance with subparagraph two of\\nparagraph f of subdivision two of section five hundred seventeen of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "533", "title" : "Non-contributory retirement plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "533", "activeDate" : "2014-09-22", "sequenceNo" : 404, "repealedDate" : null, "fromSection" : "533", "toSection" : "533", "text" : " § 533. Non-contributory retirement plan. a. Any other provision of\\nlaw to the contrary notwithstanding, no further contributions to the\\nretirement system, as provided in sections five hundred eleven-a or five\\nhundred sixteen of this article, shall be required of any member.\\n b. Contributions shall be made to the pension accumulation fund, as\\nprovided in section five hundred seventeen of this article, at a rate\\ncomputed by the actuary and approved by the retirement board, which\\nshall be computed to be sufficient to provide the benefits established\\nby this section.\\n c. Nothing contained in this section shall impair the right of any\\nmember to make contributions pursuant to sections five hundred eleven-a\\nand five hundred sixteen of this article. Any member may elect to\\ncontribute pursuant to sections five hundred eleven-a and five hundred\\nsixteen of this article, by written notice duly acknowledged and filed\\nwith the retirement board on or before June thirtieth, nineteen hundred\\nsixty-nine or within one year after he last became a member, whichever\\nis later. Where a member makes an election to contribute, as provided\\nherein, he shall contribute to the retirement system as otherwise\\nprovided in this article. One year or more after the filing of the\\nnotice of the election to contribute, the member may withdraw such\\nelection and elect not to contribute.\\n d. 1. On and after July first, nineteen hundred sixty-eight a member\\nshall be eligible for service retirement when he meets the conditions\\nset forth in sections five hundred ten or five hundred eleven-a of this\\narticle, by the filing of a statement with the retirement board as\\nrequired by subdivision one of section five hundred ten of this article.\\nFor the purposes of this section, all members shall be deemed to have\\nmade the election for special service retirement under section five\\nhundred eleven-a of this article.\\n 2. A member who retires on or after July first, nineteen hundred\\nsixty-eight, under the provisions of this section, shall receive a\\nservice retirement pension which shall be in lieu of the service\\nretirement pension and the pension-for-increased-take-home-pay otherwise\\nauthorized under this article, subject to any adjustments made pursuant\\nto subdivision g of this section. Such pension, for the period of\\ncredited state service rendered prior to July first, nineteen hundred\\nfifty-nine, and for all credited out-of-state service, shall be computed\\nas provided in section five hundred ten of this article. Such pension,\\nfor the period of credited state service rendered on and after July\\nfirst, nineteen hundred fifty-nine, shall be one-fiftieth of final\\naverage salary for each year of such service rendered during the first\\ntwenty-five years of the member's total service, plus one-sixtieth of\\nfinal average salary for each year of such service rendered during that\\nportion of the member's total service which is in excess of twenty-five\\nyears but not in excess of thirty-five years, plus one-seventieth of\\nfinal average salary for each year of such service rendered during that\\nportion of the member's total state service which is in excess of\\nthirty-five years.\\n 3. In addition to the retirement allowance provided in paragraph two\\nof this subdivision, a member who has at least twenty years of credited\\nstate service and retires during the month of July, nineteen hundred\\nsixty-eight, shall receive an added pension allowance equal to sixteen\\nper cent of the pension otherwise provided in this article. For persons\\nretiring subsequent to July, nineteen hundred sixty-eight, the added\\npension authorized hereunder shall be reduced at the rate of one-sixth\\nof one per cent for each month thereafter.\\n 4. The additional pension provided under this section shall not be\\nincluded in computing any pension reserve payable pursuant to the\\nprovisions of paragraph three of subdivision b of section five hundred\\ntwelve of this article.\\n e. In addition to the pension hereinabove provided, a member shall\\nreceive an annuity which shall be the actuarial equivalent of his\\naccumulated contributions at the time of his retirement, in accordance\\nwith section five hundred sixteen of this article.\\n f. The benefits hereinabove provided shall be payable unless the\\nmember would otherwise under the provisions of this article be entitled\\nto a greater benefit, in which event the greater benefit shall be\\npayable.\\n g. If at the time of retirement any portion of the employer's\\ncontribution has been committed by election of the member toward\\npurchase of a variable annuity, the retirement board shall deduct from\\nthe member's pension allowance as otherwise computed under this section,\\nan amount equal to the actuarial equivalent of the amounts so committed,\\nplus regular and additional interest thereon to the date of retirement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "535", "title" : "Career retirement plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "535", "activeDate" : "2014-09-22", "sequenceNo" : 405, "repealedDate" : null, "fromSection" : "535", "toSection" : "535", "text" : " § 535. Career retirement plan. 1. Any other provision of law to the\\ncontrary notwithstanding, on or after July first, nineteen hundred\\nseventy a member may retire pursuant to the provisions of this section\\nwhen,\\n a. he has credit for thirty-five or more years of total service, or\\n b. he has attained age fifty-five or older and has received credit for\\nfive or more years of full time New York state service, at least two of\\nwhich have been rendered since the date upon which he last joined the\\nretirement system and since June thirtieth, nineteen hundred\\nsixty-seven, or\\n c. he has attained age fifty-five or older and has credit for two or\\nmore years of full time service in the period subsequent to June\\nthirtieth, nineteen hundred sixty-seven and has rendered two years of\\nfull time New York state service in the period subsequent to his\\nattainment of age fifty-three and subsequent to the date upon which he\\nlast joined the retirement system by filing with the system a statement\\nduly attested, setting forth at what time not less than thirty days nor\\nmore than ninety days subsequent to the execution and filing thereof he\\ndesires such retirement.\\n In the case of persons who last became members on or after July first,\\nnineteen hundred seventy-three, the provisions of this section shall\\napply only to those who retire prior to July first, nineteen hundred\\nseventy-four.\\n 2. A member who retires pursuant to the provisions of this section and\\nwho is credited with at least twenty years of full time New York state\\nservice at the time of his retirement, shall receive a pension\\nconsisting of:\\n a. one and two-tenths per cent of his final average salary multiplied\\nby the number of years of his credited New York state service rendered\\nprior to July first, nineteen hundred fifty-nine, and\\n b. two per cent of his final average salary multiplied by the number\\nof years of his credited New York state service rendered subsequent to\\nJune thirtieth, nineteen hundred fifty-nine, and\\n c. one per cent of his final average salary multiplied by the number\\nof years of out-of-state service to his credit, excluding, however, any\\nsuch service credits which would bring his total years of credited\\nservice above thirty-five years.\\n 3. In addition to the pension allowance provided in subdivision two of\\nthis section, a member who is credited with at least twenty years of\\nfull time New York state service and retires during the month of July,\\nnineteen hundred seventy, shall receive an added pension allowance equal\\nto twelve per cent of the pension allowance provided in paragraphs a and\\nb of subdivision two of this section. For persons retiring subsequent to\\nJuly, nineteen hundred seventy, the added pension authorized hereunder\\nshall be reduced at the rate of one-sixth of one per cent for each month\\nthereafter.\\n 4. A member who retires pursuant to the provisions of this section and\\nwho is credited with less than twenty years of full time New York state\\nservice at the time of his retirement shall receive a pension which is\\ncomputed by multiplying the pension calculated in accordance with\\nsubdivision two of this section by five per cent for each year of\\ncredited full time state service, but in no event shall the pension\\npayable pursuant to this subdivision be less than fifty per cent of the\\npension computed in accordance with subdivision two of this section.\\n 5. a. In lieu of the pension provided by subdivisions two and three of\\nthis section, a member who retires pursuant to the provisions of this\\nsection on or after July first, nineteen hundred seventy-six and who is\\ncredited with at least twenty years of full-time New York state service\\nat the time of his retirement, shall receive a pension consisting of:\\n 1. one and eighty one-hundredths per cent of his final average salary\\ntimes the number of years of his credited New York state service\\nrendered prior to July first, nineteen hundred fifty-nine, and\\n 2. two per cent of his final average salary times the number of years\\nof his credited New York state service rendered subsequent to June\\nthirtieth, nineteen hundred fifty-nine, and\\n 3. one per cent of his final average salary times the number of years\\nof out-of-state service to his credit, excluding, however, any such\\nservice credits which would bring his total years of credited service\\nabove thirty-five years.\\n b. In lieu of the pension provided by subdivision four of this\\nsection, a member, who retires pursuant to the provisions of this\\nsection on or after July first, nineteen hundred seventy-six and who is\\ncredited with less than twenty years of full-time New York state service\\nat the time of his retirement, shall receive a pension which is computed\\nby multiplying the pension calculated in accordance with paragraph a of\\nthis subdivision by five per cent for each year of credited full-time\\nNew York state service, but in no event shall the pension payable\\npursuant to this subdivision be less than fifty per cent of the pension\\ncomputed in accordance with paragraph a of this subdivision.\\n 6. In no event shall the pension provided pursuant to the provisions\\nof this section exceed seventy-five per cent of the member's final\\naverage salary.\\n 7. A member who retires pursuant to the provisions of this section\\nshall receive the service retirement pension provided by this section\\nand such pension shall be in lieu of any other service retirement\\npension and the pension for increased-take-home-pay otherwise authorized\\nunder this article.\\n 8. In addition to the service retirement pension provided by this\\nsection, the member shall receive an annuity which shall be the\\nactuarial equivalent of his accumulated contributions at the time of his\\nretirement.\\n 9. Nothing herein shall alter in any manner either the amount of the\\ndeath benefit specified in paragraph three of subdivision b of section\\nfive hundred twelve of this article or the date upon which a member is\\nfirst eligible for the benefit described therein.\\n 10. The benefits provided by this section shall be payable unless the\\nmember would otherwise under the provisions of this article be entitled\\nto a greater benefit, in which event the greater benefit shall be\\npayable.\\n 11. Anything in this article to the contrary notwithstanding, a person\\nwho becomes a member on or after July first, nineteen hundred seventy,\\nso long as this section is in effect, shall be permitted to establish\\nhis eligibility for retirement under sections five hundred ten, five\\nhundred eleven-a and five hundred thirty-three of this article, solely\\nfor the purpose of entitling his estate or beneficiary to the death\\nbenefit payable under paragraph three of subdivision b of section five\\nhundred twelve of this article.\\n 12. Anything in this article to the contrary notwithstanding, a person\\nwho becomes a member on or after July first, nineteen hundred seventy,\\nso long as this section is in effect, shall not be permitted to make\\ncontributions pursuant to this article, except for purchase of prior\\nservice credits or military service credits.\\n 13. On and after July first, nineteen hundred seventy all members\\nshall be deemed to have made the elections permitted under subdivision\\none of section five hundred eleven-a and paragraph c of subdivision\\nthree of section five hundred sixteen of this article, whether or not a\\nformal application for such benefit was submitted to the retirement\\nboard, and on and after July first, nineteen hundred seventy no\\ncontribution shall be required of any member under subdivision one of\\nsection five hundred eleven-a, as well as subdivision one and paragraph\\nc of subdivision three of section five hundred sixteen of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "536", "title" : "Deductions from benefits of certain retired members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "536", "activeDate" : "2014-09-22", "sequenceNo" : 406, "repealedDate" : null, "fromSection" : "536", "toSection" : "536", "text" : " § 536. Deductions from benefits of certain retired members. 1.\\nNotwithstanding any other provision of law, a pensioner who is retired\\nfrom the retirement system shall have the right, at any time after such\\npensioner's retirement, to execute and file a deduction authorization\\ncard with the retirement board authorizing the deduction from such\\npensioner's retirement allowance of membership dues and such pensioner's\\nshare of the cost for employee organization-sponsored benefit plans and\\nthe payment thereof to a retiree organization of which the pensioner is\\nthen a member and which is then affiliated with either an employee\\norganization certified or recognized as the collective bargaining\\nrepresentative of all employees in the negotiating unit of which the\\npensioner was a part prior to his or her retirement or with an employee\\norganization with which such employee organization is then affiliated.\\nThe retirement board shall thereafter deduct from the retirement\\nallowance of such pensioner the amount of membership dues and such\\namounts required to be paid by such pensioner for such authorized\\nemployee organization-sponsored benefit plans, and shall transmit the\\nsum so deducted to said retiree organization. Such authorization shall\\ncontinue in effect until revoked in writing by such pensioner. For\\npurposes of this section, the term \"employee organization-sponsored\\nbenefit plans\" shall include any and all insurance plans and/or other\\nbenefit plans sponsored by such retiree organization whether provided by\\n(a) a not-for-profit corporation licensed under article forty-three of\\nthe insurance law; (b) any insurance company authorized to do business\\nin this state; (c) a health maintenance organization issued a\\ncertificate of authority pursuant to article forty-four of the public\\nhealth law; or (d) a self-insurance arrangement, welfare fund or benefit\\nfund.\\n 2. Notwithstanding any other provision of law, a retired member shall\\nhave the right, at any time after his or her retirement, to execute and\\nfile a deduction authorization card with the retirement board\\nauthorizing the payment of voluntary contributions to the political\\ncommittee, as defined in subdivision one of section 14-100 of the\\nelection law, of such member's employee organization, provided such\\norganization is certified or recognized pursuant to article fourteen of\\nthe civil service law as the representative of all employees in the\\nnegotiating unit in which such retired member was then employed. Such\\nauthorization shall continue in effect until revoked in writing by such\\nmember. The board shall determine the cost of administering deductions\\nfor voluntary contributions to the political committee and the cost\\nincurred by the retirement system in administering such contributions\\nshall be paid from the funds of the political committee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "537", "title" : "Lump sum payment of de minimis service retirement benefit", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2017-08-18" ], "docLevelId" : "537", "activeDate" : "2014-09-22", "sequenceNo" : 407, "repealedDate" : null, "fromSection" : "537", "toSection" : "537", "text" : " § 537. Lump sum payment of de minimis service retirement benefit.\\nNotwithstanding any other law to the contrary, a member of the\\nretirement system who is entitled to receive a retirement allowance,\\nother than for disability, pursuant to this article or pursuant to\\narticle eleven or fifteen of the retirement and social security law,\\nwhich retirement allowance prior to optional modification is twenty-four\\nhundred dollars per annum or less, may elect at retirement to receive,\\nin lieu of such retirement allowance, a lump sum payment which has been\\ncertified by the actuary to be of actuarial equivalent value to such\\nretirement allowance and approved by the retirement board. Such lump sum\\nshall be calculated using the interest rate on thirty year United States\\ntreasury bonds as of January first of the calendar year in which the\\nretirement becomes effective. Upon payment of such lump sum, any and all\\nobligations of the retirement system to such member shall be totally\\ndischarged. Commencing January first, two thousand four, the interest\\nrate on ten year United States treasury obligations as of January first\\nof the calendar year in which the retirement becomes effective shall be\\nused.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "538", "title" : "Excess benefit plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "538", "activeDate" : "2014-09-22", "sequenceNo" : 408, "repealedDate" : null, "fromSection" : "538", "toSection" : "538", "text" : " § 538. Excess benefit plan. Notwithstanding any other law to the\\ncontrary, the retirement board is authorized in its sole discretion to\\nestablish a qualified governmental excess benefit arrangement within the\\nmeaning of, in conformity with and then only to the extent and so long\\nas permitted by subsection m of section four hundred fifteen of the\\nInternal Revenue Code of 1986, as amended, for the purpose of providing\\nsuch retirement benefits as would otherwise have been payable to\\nretirees of the system, but for the application of the limitations on\\nbenefits of subsection b of section four hundred fifteen of the Internal\\nRevenue Code of 1986, as amended. The retirement board is also\\nauthorized to promulgate such rules and regulations as may be necessary\\nto implement a qualified governmental excess benefit plan as provided in\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "539", "title" : "Certain actions by retiring members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "539", "activeDate" : "2014-09-22", "sequenceNo" : 409, "repealedDate" : null, "fromSection" : "539", "toSection" : "539", "text" : " § 539. Certain actions by retiring members. 1. Notwithstanding any law\\nto the contrary, this section shall apply to any member of the system\\nwho is otherwise eligible to retire pursuant to the provisions of this\\narticle or pursuant to article fourteen or fifteen of the retirement and\\nsocial security law.\\n 2. Subject to the limitations in subdivisions three and four of this\\nsection, a member shall be retired for service or with a deferred\\nretirement allowance, as requested by the member, upon or on a date\\nafter the filing of a retirement application with the retirement system.\\n 3. A member shall not file for service retirement or for a deferred\\nretirement allowance any earlier than ninety days prior to the date on\\nwhich the member desires to be retired.\\n 4. A member shall not be retired under any provision of law until the\\nmember has ceased to be paid on the payroll of an employer participating\\nin the retirement system. In the case of a member who has the right to\\nretire for disability under article fourteen of the retirement and\\nsocial security law, disability retirement shall not commence any\\nearlier than the date on which primary social security disability\\nbenefits commence.\\n 5. A member may retroactively withdraw his or her retirement for\\nservice or with a deferred retirement allowance by filing a revocation\\nof retirement no later than fourteen days following the date upon which\\nthe member was retired. The retirement system shall have no obligation\\nto make any payment on account of any service retirement or deferred\\nretirement allowance during said period.\\n 6. An option selection duly filed by the member with the retirement\\nsystem shall become effective upon retirement. Notwithstanding the\\nforegoing, a member who has been retired for service or with a deferred\\nretirement allowance may file an option selection or change or\\nwithdrawal of an option selection previously filed no later than thirty\\ndays following the date on which the member has retired; a member who\\nhas been retired for disability may file an option selection or a change\\nor withdrawal of an option selection previously filed no later than (i)\\nthirty days following the date on which such member's application for\\ndisability retirement was approved by the retirement board or (ii)\\nthirty days following the date on which the member was retired for\\ndisability, whichever is later.\\n 7. A member subject to the provisions of this article who has\\naccumulated contributions credited to the member's individual account in\\nthe annuity savings fund may elect to withdraw such contributions\\npursuant to subdivision six of section five hundred sixteen of this\\narticle within the period provided in subdivision six of this section\\nfor the selection, change or withdrawal of an option selection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 45 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A12", "title" : "Health and Safety Grants For Nonpublic School Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 410, "repealedDate" : null, "fromSection" : "549", "toSection" : "553", "text" : " ARTICLE 12\\n HEALTH AND SAFETY GRANTS FOR NONPUBLIC SCHOOL CHILDREN\\nSection 549. Legislative findings.\\n 550. Definitions.\\n 551. Apportionment.\\n 552. Applications, reports, regulations.\\n 553. Installments.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "549", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "549", "activeDate" : "2014-09-22", "sequenceNo" : 411, "repealedDate" : null, "fromSection" : "549", "toSection" : "549", "text" : " § 549. Legislative findings. The legislature hereby finds and\\ndeclares that:\\n 1. The state has a primary responsibility to ensure the health,\\nwelfare and safety of children attending both public and nonpublic\\nschools.\\n 2. The state discharges this responsibility to public school children\\nthrough substantial amounts of per pupil financial assistance to local\\nschool districts. The fiscal crisis in nonpublic education, however, has\\ncaused a diminution of proper maintenance and repair programs,\\nthreatening the health, welfare and safety of nonpublic school children,\\nparticularly in urban areas. Such areas are generally identified by a\\nhigh incidence of families receiving assistance to dependent children\\nand deteriorating physical structures, including nonpublic school\\nbuildings. Financial resources necessary to properly maintain and repair\\nsuch buildings are beyond the capabilities of low-income people whose\\nchildren attend nonpublic schools.\\n 3. In recognition of the financial plight of urban areas in attracting\\nqualified teachers, the federal government has enacted Title IV of the\\nHigher Education Act of nineteen hundred sixty-five, which provides\\nincentives to teachers to instruct in those schools which serve a high\\nconcentration of students from low-income families.\\n 4. It is incumbent upon the state to ensure that the physical\\nenvironment in such Title IV areas is both healthy and safe. Incidental\\nto such goals, but none the less significant, is the contribution that a\\nhealthy and safe school environment makes to the stability of urban\\nneighborhoods.\\n 5. To insure a healthy and safe school environment for children\\nattending nonpublic schools, the state has the right to make grants for\\nmaintenance and repair expenditures which are clearly secular, neutral\\nand non-ideological in nature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "550", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "550", "activeDate" : "2014-09-22", "sequenceNo" : 412, "repealedDate" : null, "fromSection" : "550", "toSection" : "550", "text" : " § 550. Definitions. In this article:\\n 1. \"Commissioner\" shall mean the state commissioner of education.\\n 2. \"Qualifying school\" shall mean a nonprofit elementary or secondary\\nschool in the state of New York, other than a public school, which (a)\\nis providing instruction in accordance with article seventeen and\\nsection thirty-two hundred four of this chapter, (b) has not been found\\nto be in violation of Title VI of the Civil Rights Act of nineteen\\nhundred sixty-four, 78 Stat. 252, 42 U.S.C. § 2000 (d), (c) which is\\nentitled to a tax exemption under section five hundred one (a) and five\\nhundred one (c)(3) of the Federal Internal Revenue Code of nineteen\\nhundred fifty-four, as amended, and (d) has been designated during the\\nbase year as serving a high concentration of pupils from low-income\\nfamilies for purposes of Title IV of the Federal Higher Education Act of\\nnineteen hundred sixty-five (20 U.S.C.A. § 425).\\n 3. \"Base year\" shall mean the school year immediately preceding the\\ncurrent year.\\n 4. \"Current year\" shall mean the school year during which an\\napportionment is to be paid pursuant to this article.\\n 5. \"Health, welfare and safety grants\" shall mean the apportionment\\nmade pursuant to this article which shall be used for the maintenance\\nand repair of nonpublic school facilities and equipment to ensure the\\nhealth, welfare and safety of enrolled pupils.\\n 6. \"Maintenance and repair\" shall mean the provision of heat, light,\\nwater, ventilation and sanitary facilities; cleaning, janitorial and\\ncustodial services; snow removal; necessary upkeep and renovation of\\nbuildings, grounds and equipment; fire and accident protection; and such\\nother items as the commissioner may deem necessary to ensure the health,\\nwelfare and safety of enrolled pupils.\\n 7. \"Average daily attendance\" shall mean the total number of\\nattendance days of enrolled pupils in grades one through twelve during\\nthe base year, divided by the number of days the school was in session\\nduring such year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "551", "title" : "Apportionment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "551", "activeDate" : "2014-09-22", "sequenceNo" : 413, "repealedDate" : null, "fromSection" : "551", "toSection" : "551", "text" : " § 551. Apportionment. 1. In order to meet proper health, welfare and\\nsafety standards in qualifying schools for the benefit of the pupils\\nenrolled therein, there shall be apportioned health, welfare and safety\\ngrants by the commissioner to each qualifying school for the school\\nyears beginning on and after July first, nineteen hundred seventy-one,\\nan amount equal to the product of thirty dollars multiplied by the\\naverage daily attendance of pupils receiving instruction in such school,\\nto be applied for costs of maintenance and repair. Such apportionment\\nshall be increased by ten dollars multiplied by the average daily\\nattendance of pupils receiving instruction in a school building\\nconstructed prior to nineteen hundred forty-seven. In no event shall the\\nper pupil annual allowance computed under this section exceed fifty per\\ncentum of the average per pupil cost of equivalent maintenance and\\nrepair in the public schools of the state on a state-wide basis, as\\ndetermined by the commissioner, and in no event shall the apportionment\\nto a qualifying school exceed the amount of expenditures for maintenance\\nand repair of such school as reported pursuant to section five hundred\\nfifty-two of this article.\\n 2. The apportionment pursuant to this section shall be reduced by one\\none hundred eightieth for each day less than one hundred eighty days\\nthat such school was actually in total session in the base year, except\\nthat the commissioner may disregard such reduction up to five days if he\\nfinds that the school was not in session for one hundred eighty days\\nbecause of extraordinary adverse weather conditions, impairment of\\nheating facilities, insufficiency of water supply, shortage of fuel or\\nthe destruction of a school building, and if the commissioner further\\nfinds that such school cannot make up such days of instruction during\\nthe school year. No such reduction shall be made, however, for any day\\non which such school was in session for the purpose of administering the\\nregents examinations or the regents scholarship examinations, or any\\nday, not to exceed three days, when such school was not in session\\nbecause of a conference of teachers called by the principal of the\\nschool.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "552", "title" : "Applications, reports, regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "552", "activeDate" : "2014-09-22", "sequenceNo" : 414, "repealedDate" : null, "fromSection" : "552", "toSection" : "552", "text" : " § 552. Applications, reports, regulations. Each qualifying school\\nwhich seeks an apportionment pursuant to this article shall submit to\\nthe commissioner an application therefor, at such times, in such form\\nand containing such information as the commissioner may by regulation\\nprescribe in order to carry out the purposes of this article. Such\\napplications shall include an audited statement of the expenditures of\\nmaintenance and repair of such qualifying school for the base year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "553", "title" : "Installments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "553", "activeDate" : "2014-09-22", "sequenceNo" : 415, "repealedDate" : null, "fromSection" : "553", "toSection" : "553", "text" : " § 553. Installments. The amount to be apportioned to a qualifying\\nschool in any current year shall be paid in two equal installments, the\\nfirst to be made on or before January fifteenth and the other not later\\nthan June fifteenth of such year, except that for the school year\\ncommencing July first, nineteen hundred seventy-one such apportionment\\nshall be made in one payment on or before June fifteenth, nineteen\\nhundred seventy-two. The commissioner may provide for later payments\\nfor the purpose of adjusting and correcting apportionments. The amount\\nto be apportioned to a qualifying school shall be payable on order and\\nwarrant of the comptroller on vouchers certified or approved by the\\ncommissioner in the manner provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A12-A", "title" : "Arthur O Eve Elementary and Secondary Education Opportunity Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12-A", "activeDate" : "2014-09-22", "sequenceNo" : 416, "repealedDate" : null, "fromSection" : "559", "toSection" : "563", "text" : " ARTICLE 12-A\\n ARTHUR O. EVE ELEMENTARY AND SECONDARY EDUCATION OPPORTUNITY PROGRAM\\nSection 559. Legislative findings.\\n 560. Short title.\\n 561. Definitions.\\n 562. Tuition reimbursement payments to parents.\\n 563. Commissioner; powers.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "559", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "559", "activeDate" : "2014-09-22", "sequenceNo" : 417, "repealedDate" : null, "fromSection" : "559", "toSection" : "559", "text" : " § 559. Legislative findings. The legislature hereby finds and declares\\nthat:\\n 1. The vitality of our pluralistic society is, in part, dependent upon\\nthe capacity of individual parents to select a school, other than\\npublic, for the education of their children. A healthy competitive and\\ndiverse alternative to public education is not only desirable but indeed\\nvital to a state and nation that have continually reaffirmed the value\\nof individual differences.\\n 2. The Supreme Court of the United States has recognized and\\nreaffirmed this right of selection. This right, however, is diminished\\nor even denied to children of lower-income families, whose parents, of\\nall groups, have the least options in determining where their children\\nare to be educated.\\n 3. Quality education is made possible for all children in our state\\nonly because the burden of providing it has been carried by taxpayers\\nwho support both public and nonpublic education. Any precipitous decline\\nin the number of nonpublic school pupils would cause a massive increase\\nin public school enrollment and costs. Such an increase would seriously\\njeopardize quality education for all children and aggravate an already\\nserious fiscal crisis in public education.\\n 4. In recognition of the initiative of parents who support both public\\nand nonpublic education, it is a legitimate purpose for the state to\\npartially relieve the financial burden of parents who provide a\\nnonpublic education for their children which satisfies the compulsory\\neducation laws of the state. Such assistance is clearly secular, neutral\\nand nonideological in nature and is consistent with the historical and\\ncontinuing role of the state in providing a quality education for all\\nchildren and in nurturing a pluralistic society.\\n 5. The Arthur O. Eve Elementary and Secondary Education Opportunity\\nProgram is hereby established, which consists of tuition reimbursement\\nfor parents of low income, in order to provide partial assistance in\\nmeeting the financial burden of supporting the compulsory education of\\ntheir children who are full-time students in New York nonpublic\\nelementary and secondary schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "560", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "560", "activeDate" : "2014-09-22", "sequenceNo" : 418, "repealedDate" : null, "fromSection" : "560", "toSection" : "560", "text" : " § 560. Short title. This article shall be known as the \"Arthur O. Eve\\nElementary and Secondary Education Opportunity Program\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "561", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "561", "activeDate" : "2014-09-22", "sequenceNo" : 419, "repealedDate" : null, "fromSection" : "561", "toSection" : "561", "text" : " § 561. Definitions. The following terms, whenever used in this\\narticle, shall have the following meanings:\\n a. \"Parent\" means a legal resident of the state of New York with a New\\nYork taxable income of under five thousand dollars who is a parent,\\nstepparent, adoptive parent and the spouse of an adoptive parent of a\\npupil enrolled in a nonpublic school, or a resident with such taxable\\nincome standing in loco parentis to such pupil.\\n b. \"Taxable income\" means the amount of combined net taxable income,\\nif any, of both parents computed in accordance with the provisions of\\nsection six hundred eleven of the tax law computed without the benefit\\nof the modification of federal adjusted gross income for nonpublic\\nschool tuition pursuant to paragraph (14) of subsection (c) of section\\nsix hundred twelve of the tax law, for the year for which a tuition\\nreimbursement payment is sought. If the parents of a pupil are living\\napart, the taxable income of the parent who claims reimbursement under\\nthis article shall be based upon the taxable income of that parent with\\nwhom the pupil is living, or who exercises custody if the pupil is a\\nminor, or would exercise custody if the applicant were a minor and any\\nappropriate payments for the support of the pupil from the other parent.\\n c. \"Nonpublic school\" means any nonprofit elementary or secondary\\nschool in the State of New York, other than a public school, which (i)\\nis providing instruction in accordance with article seventeen and\\nsection thirty-two hundred four of this chapter, (ii) has not been found\\nto be in violation of Title VI Civil Rights Act of 1964, 78 Stat. 252,\\n42 U.S.C. § 2000 (d), and (iii) which is entitled to a tax exemption\\nunder section five hundred one (a) and five hundred one (c) (3) of the\\nFederal Internal Revenue Code of nineteen hundred fifty-four, as\\namended.\\n d. \"Tuition\" means the amount actually paid by a parent for the\\nenrollment of a pupil at a nonpublic school for the calendar year for\\nwhich a tuition reimbursement payment is sought.\\n e. \"Pupil\" means a resident of the state of New York who has been\\nenrolled full-time in a nonpublic school and whose parents' combined\\ntaxable income is less than five thousand dollars.\\n f. \"Commissioner\" means the commissioner of education of the State of\\nNew York.\\n g. \"Regular school year\" means all of the months of the calendar year\\nexclusive of July and August.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "562", "title" : "Tuition reimbursement payments to parents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "562", "activeDate" : "2014-09-22", "sequenceNo" : 420, "repealedDate" : null, "fromSection" : "562", "toSection" : "562", "text" : " § 562. Tuition reimbursement payments to parents. 1. Upon the filing\\nby a parent of the verified statement as required by subdivision two,\\nthe commissioner shall make a tuition reimbursement payment to such\\nparent for tuition expenses made in the preceding calendar year. Only\\none such payment shall be made on behalf of any pupil in a calendar\\nyear. Such payment shall be the lesser of either (a) fifty percent of\\nthe tuition paid by the parent during the preceding calendar year for\\nthe elementary or secondary education of each pupil, or (b) five dollars\\nper month for the period of enrollment in a nonpublic school during the\\nregular school year for each pupil in grades one through eight, and ten\\ndollars per month for the period of enrollment in a nonpublic school\\nduring the preceding regular school year for each pupil in grades nine\\nthrough twelve. Whenever payments as herein computed total less than ten\\ndollars, no such payment shall be made.\\n 2. In order to be eligible for tuition reimbursement hereunder, the\\nparent of a pupil shall, by May first of the year following the calendar\\nyear for which reimbursement is sought, file with the commissioner a\\nverified statement, in such form as he shall provide, stating that the\\npupil was enrolled during such year in a nonpublic school or schools\\nand, in addition, the following information: (a) the name, address and\\ntaxable income of the parent; (b) the name, address and birth date of\\nthe pupil; (c) the grade in which the pupil was enrolled during each\\nmonth in a nonpublic school in such year; (d) the name and address of\\nthe nonpublic school or schools attended by such pupil; (e) a receipted\\ntuition bill. For reimbursement for the calendar year nineteen hundred\\nseventy-one, such verified statement shall be filed not later than July\\nfirst, nineteen hundred seventy-two.\\n 3. No parent shall be eligible to receive a tuition reimbursement\\npayment who has claimed a modification of federal adjusted gross income\\nfor nonpublic school tuition pursuant to paragraph fourteen of\\nsubsection (c) of section six hundred twelve of the tax law based upon\\nthe same tuition expenditures.\\n 4. The state tax commission shall, when requested by the com-\\nmissioner, compare any verified statement filed with the commissioner\\npursuant to this article with the state income tax returns if any, filed\\nby the parent making such verified statement and shall report any\\ndiscrepancies to the commissioner. All verified statements filed with\\nthe commissioner and all reports made to him by the state tax\\ncommission, pursuant to this article shall be deemed confidential and,\\nexcept in accordance with proper judicial order or as otherwise\\nprescribed by law, it shall be unlawful for the commissioner or any\\nofficer or employee of the department to divulge or make known in any\\nmanner the amount of income or any other particulars set forth in any\\nverified statement filed with him hereunder or report made to him\\npursuant to this subdivision; but nothing contained herein shall be\\nconsidered to prohibit the commissioner's publication of statistics so\\nclassified as to prevent the identification of particular affidavits or\\nreports.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "563", "title" : "Commissioner; powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "563", "activeDate" : "2014-09-22", "sequenceNo" : 421, "repealedDate" : null, "fromSection" : "563", "toSection" : "563", "text" : " § 563. Commissioner; powers. The commissioner shall have\\nresponsibility for the administration of the program created by this\\narticle and may promulgate such regulations as are necessary to carry\\nout the provisions of this article. The amount required to be paid\\nunder the provisions of this article shall be payable on order and\\nwarrant of the comptroller on vouchers certified or approved by the\\ncommissioner in the manner provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A13", "title" : "Higher Education Student Financial Aid Programs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2019-04-19", "2019-07-19" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 422, "repealedDate" : null, "fromSection" : "601", "toSection" : "608-A", "text" : " ARTICLE 13\\n HIGHER EDUCATION STUDENT FINANCIAL AID PROGRAMS\\nSection 601. Definitions.\\n 602. Duties of the commissioner.\\n 603. Evaluation by the board of regents.\\n 604. General awards.\\n 605. Academic performance awards.\\n 605-a. Scholarships for academic excellence.\\n 606. County awards for professional education in nursing,\\n medicine, dentistry, optometry or veterinary medicine.\\n 607. Required disclosure to matriculated students.\\n 608. World trade center memorial scholarships.\\n 608-a. Military enhanced recognition, incentive and tribute\\n (\"MERIT\") scholarships.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "601", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "601", "activeDate" : "2014-09-22", "sequenceNo" : 423, "repealedDate" : null, "fromSection" : "601", "toSection" : "601", "text" : " § 601. Definitions. As used in this article, the following terms shall\\nhave the following meanings unless otherwise specified:\\n 1. \"President\" shall mean the president of the New York state higher\\neducation services corporation.\\n 2. \"College\" shall mean any institution of higher education,\\nrecognized and approved by the regents of the university of the state of\\nNew York, which provides a course of study leading to the granting of a\\npost-secondary degree or diploma.\\n 3. \"Vocational institution\" shall mean a business, trade, technical or\\nother occupational school approved as such by the regents of the\\nuniversity of the state of New York or accredited by a nationally\\nrecognized accrediting agency or association accepted as such by the\\nregents of the state of New York.\\n 4. \"Approved program\", for the purpose of determining a student's\\neligibility for awards provided in articles thirteen and fourteen of\\nthis chapter and subject to specific modification by sections of such\\narticles, shall mean the following programs of study approved by the\\ncommissioner pursuant to this article in accordance with rules of the\\nboard of regents and registered by the state education department in\\naccordance with regulations of the commissioner or, where applicable,\\nregistered by the state department of health and forwarded to the state\\neducation department: (1) collegiate level programs leading to a degree,\\nor programs leading to a diploma or certificate that are fully\\ncreditable towards a degree program in that institution; (2) study and\\ntraining programs offered by a hospital school, a community college, a\\nunit of the state university of New York, a unit of the city university\\nof New York, or an institution chartered by the regents or by the\\nlegislature for the purpose of granting degrees, leading to licensure as\\na professional registered or practical nurse or to certification in an\\narea of medical or health technology; and (3) two-year programs offered\\nin a registered private business school.\\n 5. \"Children\" as referenced in subdivision four of section six hundred\\nfour and sections six hundred eight, six hundred eight-a, six hundred\\nsixty-eight-a, six hundred sixty-eight-b, six hundred sixty-eight-d and\\nsix hundred sixty-eight-e of this title shall mean: (a) birth children,\\nadopted children, stepchildren who survive an individual, or children\\nfor whom an individual was a legal guardian, and (b) other children\\nrelated by blood, adoption or marriage to an individual for whom such\\nindividual had assumed and was exercising custody and care as of the\\ndate of such individual's death.\\n 6. \"Impact area\" as referenced in sections six hundred eight and six\\nhundred sixty-eight-d of this title shall mean the secure zone\\nestablished by the city of New York surrounding the world trade center\\nand the crash sites during the period that disasters were declared or\\nrescue and recovery efforts were underway.\\n 7. \"Financial dependent\" as referenced in sections six hundred four,\\nsix hundred eight, six hundred eight-a, six hundred sixty-eight-b, six\\nhundred sixty-eight-d and six hundred sixty-eight-e of this title shall\\nmean a person who is dependent for his or her support upon an\\nindividual, other than one who was involved in, supported, or was\\nresponsible for the act or acts of terrorism or other intentional act or\\nacts that caused such death, injury or illness, who has died or become\\nseverely and permanently disabled as described in such sections,\\nprovided that a person shall be considered a financial dependent and\\nshall be eligible for awards pursuant to these sections upon a showing\\nof unilateral dependence or mutual interdependence upon such individual,\\nwhich may be evidenced by a nexus of factors, including but not limited\\nto common ownership of property, common householding, shared budgeting\\nand the length of the relationship between the financial dependent and\\nsuch individual.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "602", "title" : "Duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "602", "activeDate" : "2014-09-22", "sequenceNo" : 424, "repealedDate" : null, "fromSection" : "602", "toSection" : "602", "text" : " § 602. Duties of the commissioner. 1. Selection and certification of\\nacademic performance award recipients. (a) The commissioner shall select\\nthe qualified recipients of academic performance awards, from among\\ncandidates who meet and exceed the minimum eligibility requirements, in\\norder of merit on the basis of such combination of test scores, academic\\nrecords, and personal qualifications as the commissioner deems\\nappropriate. If awards are allocated on the basis of geographic or\\npolitical units in the state, and if for any reason there is an\\ninsufficient number of qualified applicants in any unit, the remaining\\nnumber of awards in such unit shall be allocated to the best qualified\\napplicants in the entire state. No person shall be eligible to receive\\nan academic performance award under this article who fails to achieve\\nthe minimum standard of test scores, academic record, or, in the\\njudgment of the commissioner, personal qualifications necessary to\\ndemonstrate promise of successful completion of the program for which\\nthe award is made; (b) The commissioner shall certify to the president\\nthose students eligible to receive academic performance awards.\\n 2. The commissioner shall promulgate regulations defining the\\nfollowing terms by which the president can determine a student's\\neligibility for student aid and loan programs: (a) full-time study or\\nattendance; (b) part-time study or attendance; (c) full-time and\\npart-time accelerated study beyond the regular program of study for the\\nacademic year; (d) permissible use of general and academic performance\\nawards; (e) matriculation; and (f) loss of good academic standing.\\n 3. The commissioner shall promulgate regulations by which the\\npresident shall determine whether a student has entered an approved\\nprogram during the academic year prior to the normal effective date of\\nthe student's award.\\n 4. If any person because of administrative error or inadvertency\\nshould fail to receive an academic performance award which he would\\notherwise be entitled to receive, the commissioner may certify such\\nperson to the president as eligible to receive such award without regard\\nto the total number of such awards authorized under this article, and\\npayments shall be made thereon out of moneys available in the same\\nmanner as other academic performance awards are paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "603", "title" : "Evaluation by the board of regents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "603", "activeDate" : "2014-09-22", "sequenceNo" : 425, "repealedDate" : null, "fromSection" : "603", "toSection" : "603", "text" : " § 603. Evaluation by the board of regents. On or before January\\nfirst, nineteen hundred seventy-six, and annually thereafter on or\\nbefore December first, the board of regents shall make a report to the\\ngovernor and the temporary president of the senate, the speaker of the\\nassembly, the senate finance committee, the assembly ways and means\\ncommittee and the standing committees of the legislature having\\njurisdiction of higher education evaluating all financial assistance and\\nloan programs established by this article, which report shall contain\\nsuch recommendations as the regents may deem appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "604", "title" : "General awards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-15", "2017-08-18", "2019-01-11", "2021-04-23", "2026-05-29" ], "docLevelId" : "604", "activeDate" : "2014-09-22", "sequenceNo" : 426, "repealedDate" : null, "fromSection" : "604", "toSection" : "604", "text" : " § 604. General awards. 1. Tuition assistance program awards are\\navailable for all students who are enrolled in approved programs and who\\ndemonstrate the ability to complete such courses, in accordance with\\nstandards established by the commissioner.\\n 2. Regents awards for children of deceased and disabled veterans are\\navailable for eligible students in an approved program.\\n 3. Regents awards for children of deceased state correction officers\\nand state civilian employees of a correctional facility are available\\nfor eligible students in an approved program pursuant to section six\\nhundred sixty-nine of this chapter.\\n 4. Regents awards for children of deceased police officers, firemen,\\nvolunteer firefighters and correction officers are available for\\neligible students in an approved program pursuant to section six hundred\\nsixty-four of this chapter.\\n 5. Veterans tuition awards are available for eligible students\\nenrolled in approved undergraduate or graduate programs at degree\\ngranting institutions and approved vocational training programs pursuant\\nto section six hundred sixty-nine-a of this title.\\n 6. Tuition awards for part-time undergraduate students enrolled in\\napproved programs in degree-granting institutions.\\n * 7. Tuition benefit for active members of the New York army national\\nguard, New York air national guard and naval militia members enrolled in\\napproved post-secondary degree programs in degree-granting institutions.\\n * NB Repealed September 1, 2016\\n 9. Memorial scholarships for children, spouses and financial\\ndependents of deceased firefighters, volunteer firefighters, police\\nofficers, peace officers, and emergency medical service workers.\\n 10. World trade center memorial scholarships.\\n 11. American Airlines flight 587 memorial scholarships pursuant to\\nsection six hundred sixty-eight-f of this title.\\n 12. Continental Airlines flight 3407 memorial scholarships pursuant to\\nsection six hundred sixty-eight-g of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "605", "title" : "Academic performance awards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-15", "2017-08-18", "2018-11-30", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "605", "activeDate" : "2014-09-22", "sequenceNo" : 427, "repealedDate" : null, "fromSection" : "605", "toSection" : "605", "text" : " § 605. Academic performance awards. 1. Regents college scholarships.\\nRegents college scholarships shall be awarded to students completing\\ntheir high school programs for attendance in approved programs, on the\\nbasis of nationally established competitive examinations.\\n a. County allocation. Twenty-five thousand such scholarships shall be\\nawarded each year and shall be allocated to each county in the state in\\nthe same ratio that the number of students residing in such county who\\nwere graduated from approved high schools in the state during the school\\nyear preceding the date of the examination for the award of such\\nscholarships bears to the total number of students residing in the state\\nwho were graduated from approved high schools in the state during such\\nschool year; provided, that no county shall be allocated fewer than\\nforty scholarships, except that Hamilton county shall be allocated no\\nfewer than sixteen scholarships. In the event that a scholarship awarded\\npursuant to this paragraph is declined by a student or for any reason\\nrevoked by the commissioner or the president, its benefits shall lapse\\nand there shall be no further payment or reawarding of such scholarship.\\n b. School allocation. If in any year the candidates who are graduates\\nof a given approved high school in the state and who are awarded\\nscholarships under paragraph a of this subdivision do not constitute at\\nleast one person for every forty persons who were graduated from such\\nschool during the school year preceding the date of the examination for\\nthe award of such scholarships, then additional scholarships shall be\\nawarded in such year in the number required to provide such allocation\\nof scholarship awards for each such school, and such additional\\nscholarships shall be awarded directly to candidates from each such\\nschool in accordance with the provisions of section six hundred two of\\nthis chapter. In the event that a scholarship awarded pursuant to this\\nparagraph is declined by a student or for any reason revoked by the\\ncommissioner or the president, its benefits shall lapse and there shall\\nbe no further payment or reawarding of such scholarship.\\n 2. Regents professional education in nursing scholarships. Regents\\nprofessional education in nursing scholarships shall be awarded on the\\nsame basis as regents college scholarships to students completing their\\nhigh school programs for attendance in programs for the training of\\nregistered professional nurses at colleges or schools approved by the\\nregents. Eight hundred such scholarships shall be awarded each year.\\nSuch scholarships shall be allocated to each county in the state in the\\nsame ratio that the number of students residing in such county who were\\ngraduated from approved high schools in the state during the school year\\npreceding the date of the examination for the award of such scholarships\\nbears to the total number of students residing in the state who were\\ngraduated from approved high schools in the state during such school\\nyear, provided, that no county shall be allocated fewer than four\\nscholarships, except that Fulton and Hamilton counties shall each be\\nallocated no fewer than two scholarships; provided, however, that no\\ncounty shall be allocated fewer scholarships than such county received\\nduring the year nineteen hundred seventy-two--nineteen hundred\\nseventy-three.\\n 3. Regents professional education in medicine or dentistry\\nscholarships. Regents professional education in medicine or dentistry\\nscholarships shall be awarded annually, on a competitive basis, to\\nstudents beginning professional study in medicine or dentistry. One\\nhundred such scholarships shall be awarded annually, and shall be\\nclassified and allocated in accordance with regents rules. The\\nprovisions of this subdivision shall only apply to any recipient who\\nreceives his or her first award payment prior to the nineteen hundred\\neighty-five--nineteen hundred eighty-six academic year.\\n 3-a. Regents professional education in optometry scholarships. Regents\\nprofessional education in optometry scholarships shall be awarded\\nannually, on a competitive basis, to students beginning professional\\nstudy in optometry. Five such scholarships shall be awarded annually in\\noptometry, and shall be classified and allocated in accordance with\\nregents rules. The provisions of this subdivision shall only apply to\\nany recipient who receives his or her first award payment prior to the\\nnineteen hundred eighty-five--nineteen hundred eighty-six academic year.\\n 3-b. Regents professional education in veterinary medicine\\nscholarships. Regents professional education in veterinary medicine\\nscholarships shall be awarded annually, on a competitive basis, to\\nstudents beginning professional study in veterinary medicine. Ten such\\nscholarships shall be awarded annually in veterinary medicine, and shall\\nbe classified and allocated in accordance with regents rules. The\\nprovisions of this subdivision shall only apply to any recipient who\\nreceives his or her first award payment prior to the nineteen hundred\\neighty-five--nineteen hundred eighty-six academic year.\\n 4. Regents physician shortage scholarships. At least thirty percent of\\nthe regents professional education in medicine or dentistry scholarships\\nawarded each year shall be awarded to students beginning or engaged in\\nthe professional study in medicine who agree to practice medicine upon\\ncompletion of their professional training in an area in New York state\\ndesignated as having a shortage of physicians, provided, however, that\\nto the extent that regents physician shortage scholarships are not\\nawarded, such scholarships shall be awarded as regents professional\\neducation in medicine and dentistry scholarships. The provisions of this\\nsubdivision shall only apply to any recipient who receives his or her\\nfirst award payment prior to the nineteen hundred eighty-five--nineteen\\nhundred eighty-six academic year.\\n a. In selecting and certifying scholarship recipients under this\\nsection, priority shall be accorded to applicants in the following\\norder:\\n (1) first, to any applicant who (1) has a family income of six\\nthousand dollars or less and (2) resides in an area designated as having\\na shortage of physicians pursuant to paragraph c of this subdivision;\\n (2) second, to any applicant who has a family income of six thousand\\ndollars or less;\\n (3) third, to any applicant who (1) has a family income of ten\\nthousand dollars or less and (2) resides in an area designated as having\\na shortage of physicians pursuant to paragraph c of this subdivision;\\n (4) fourth, to any applicant who has a family income of ten thousand\\ndollars or less;\\n (5) fifth, to any other applicant.\\n b. With respect to recipients who have received award payments prior\\nto the nineteen hundred eighty-two--nineteen hundred eighty-three\\nacademic year, with such time as the commissioner shall by regulation\\nprovide, a recipient of an award shall have practiced medicine in an\\narea designated as having a shortage of physicians pursuant to paragraph\\nd of this subdivision for that number of months calculated by\\nmultiplying by nine the number of annual awards he received. If a\\nrecipient fails to comply fully with such condition, the president shall\\nbe entitled to recover from such recipient an amount which bears the\\nsame ratio to (a) the aggregate of the amount of the awards received as\\n(b) the number of months the recipient failed to comply with this\\ncondition bears to the number of months he was obligated to comply with\\nthis condition, together with interest at seven percent per annum\\ncomputed from the date on which he completed his professional training\\nand/or active military service. A recipient shall not be required to\\ncomply with the provisions of this paragraph unless he shall have\\nreceived a medical degree and any obligation to comply with such\\nprovisions shall be cancelled upon his death. The regents shall make\\nregulations to provide for the waiver or suspension of any financial\\nobligation where compliance would involve extreme hardship.\\n c. The requirements of this paragraph shall apply to any recipient who\\nreceives his or her first award payment commencing with the nineteen\\nhundred eighty-two--nineteen hundred eighty-three academic year or\\nsubsequently, and the requirements of paragraph (b) of this subdivision\\nshall not apply to such recipients. Within such time as the commissioner\\nshall by regulation provide, a recipient of an award shall have\\npracticed medicine in an area designated as having a shortage of\\nphysicians pursuant to paragraph (d) of this subdivision for that number\\nof months calculated by multiplying by nine the number of annual awards\\nreceived by the recipient. If a recipient fails to comply fully with\\nsuch condition, the president shall be entitled to recover from such\\nrecipient an amount determined by the formula:\\n A = 2B (t-s)\\n t\\nin which \"A\" is the amount the president is entitled to recover; \"B\" is\\nthe sum of all awards paid to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of service actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis paragraph shall be paid within the one year period beginning on the\\ndate that the recipient failed to comply with this condition. A\\nrecipient shall not be required to comply with the provisions of this\\nparagraph unless he or she shall have received a medical degree and\\nuntil he or she shall have completed his or her professional training,\\nor active military service, or both. Any obligation to comply with such\\nprovisions shall be cancelled upon the death of the recipient. The\\ncommissioner shall make regulations to provide for the waiver or\\nsuspension of any financial obligation where compliance would involve\\nextreme hardship.\\n d. The regents, after consultation with the commissioner of health,\\nshall designate those areas of New York state which have a shortage of\\nphysicians for the purposes of this subdivision and, should it be\\nnecessary in selecting among the applicants, may establish relative\\nrankings of those areas.\\n e. A recipient of an award shall report annually to the New York state\\nhigher education services corporation, on forms prescribed by it, as to\\nthe performance of the required services or the recipient's current\\nstatus, commencing the calendar year following graduation from medical\\nschool and continuing until the recipient shall have completed, or it is\\ndetermined he or she shall not be obligated to complete, the required\\nservices. The corporation may also require recipient to file a report on\\nhis or her current status prior to graduation during any calendar year\\nin which an application for an additional award is not filed. If the\\nrecipient shall fail to file any report required hereunder within thirty\\ndays of written notice to the recipient, mailed to the address shown on\\nthe last application for an award or last report filed, whichever is\\nlater, the president of the corporation may impose a fine of up to one\\nthousand dollars. The president shall have the discretion to waive the\\nfiling of a report, excuse a delay in filing, or a failure to file a\\nreport, or waive or reduce any fine imposed for good cause shown.\\n 5. Regents scholarships for war veterans. Regents scholarships for war\\nveterans shall be awarded on a competitive basis, for study beginning\\nwith the college year nineteen hundred seventy-five--nineteen hundred\\nseventy-six. Six hundred such scholarships shall be awarded in such year\\nto veterans of the armed forces of the United States who have served on\\nactive duty (other than for training) between October one, nineteen\\nhundred sixty-one and March twenty-nine, nineteen hundred seventy-three,\\nand who on the date by which applications are required to be submitted\\nhave been released from such active duty on conditions not other than\\nhonorable. Such scholarships shall be allocated to each county in the\\nstate in the same ratio that the number of legal residents in such\\ncounty, as determined by the most recent federal census, bears to the\\ntotal number of residents in the state; provided, however, that no\\ncounty shall be allocated fewer scholarships than such county received\\nduring the year nineteen hundred sixty-eight--sixty-nine.\\n 6. Regents scholarships in Cornell University. a. Number. Cornell\\nUniversity shall grant, on a competitive basis, tuition reducing\\nscholarships, to be known as regents scholarships in Cornell University,\\nin the total amount of at least thirty thousand dollars each year for\\nnew freshman awards. At least one such scholarship shall be awarded\\nannually for each senate district of the state.\\n b. Amount. Each such scholarship shall entitle the recipient to a\\ncredit against tuition in any of the tuition paying divisions of Cornell\\nUniversity for four years or five years, depending on the number of\\nyears required for the baccalaureate. The tuition credit for each such\\nscholarship shall be determined by Cornell University on the basis of\\nthe financial status of the scholarship holder as related to the cost of\\neducation at such university. No such scholarship shall reduce the\\ntuition by less than one hundred dollars nor by more than one thousand\\ndollars.\\n c. Eligible list. Such scholarships shall be awarded annually by\\nCornell University in the order of merit to candidates who meet the\\nrequirements for admission to Cornell University and whose names appear\\non lists established as the result of competitive examinations prepared\\nunder the direction of the commissioner of education. In the award of\\nsuch scholarships, preference shall be given, where other qualifications\\nare equal, to the children of those who have died in the military\\nservice of the United States.\\n d. Statewide list. If a scholarship belonging to a senate district\\nshall not be claimed by a resident thereof or if there be no resident of\\nsuch senate district entitled to such a scholarship, any sum available\\nfor a scholarship or scholarships for residents of such senate district,\\ntogether with any unexpended balance of the total amount of thirty\\nthousand dollars, shall be used to make awards to additional candidates\\nin order of merit from a statewide list.\\n e. Report. A complete list of the names and addresses of the\\nscholarship recipients, and the amount of tuition credit granted to\\nthem, shall be filed by Cornell University with the commissioner and the\\npresident not later than October first of each year.\\n 7. Empire state challenger scholarships for teachers. Empire state\\nchallenger scholarships for prospective elementary and secondary school\\nteachers of mathematics or science or other fields of teacher shortage\\nas identified by the commissioner on or after January first, nineteen\\nhundred eighty-six, shall be awarded on a competitive basis as\\ndetermined by the commissioner, for study beginning with the college\\nyear nineteen hundred eighty-four--eighty-five or thereafter. a.\\nTwenty-six such scholarships shall be awarded annually to residents of\\neach judicial district as defined in section one hundred forty of the\\njudiciary law, who enroll in a registered program for the preparation of\\nteachers in such teacher shortage fields at any New York institution of\\nhigher education. The commissioner shall to the extent practicable\\nensure that recipients of such scholarships include individuals who are\\nunrepresented or underrepresented in the respective disciplines.\\n b. Within such time as the commissioner by regulations provide, the\\nrecipient of an award shall have taught in the field or fields for which\\nthe scholarship was awarded in an elementary or secondary school in New\\nYork state for that number of months calculated by multiplying by five\\nthe number of annual awards granted to the recipient except that a\\nrecipient who as of July first, nineteen hundred ninety-three has\\nreceived fewer than three annual awards shall be exempt from such\\nconditions. If a recipient fails to comply fully with such condition,\\nthe president shall be entitled to recover from such recipient an amount\\nwhich bears the same ratio to (i) the aggregate of the amount of the\\nawards received as (ii) the number of months the recipient failed to\\ncomply with this condition bears to the number of months the recipient\\nwas obligated to comply with this condition, together with interest at\\nten percent per annum computed from the date on which the recipient\\ncompleted professional training. Such recovery may be made over such\\nperiod of time as is prescribed by the president. Any obligation to\\ncomply with such provisions shall be cancelled upon the recipient's\\ndeath. The commissioner shall adopt regulations to provide for the\\nwaiver or suspension of any financial obligation in whole or in part\\nwhere compliance would involve severe hardship. In determining whether\\nto grant such waiver or suspension, the commissioner may consider\\nwhether the recipient failed to complete the registered program for the\\npreparation of teachers or completed such program under financial\\nhardship by reason of the discontinuance of funding for the award of\\nscholarships pursuant to this subdivision.\\n 7-a. New York state math and science teaching incentive program awards\\npursuant to section six hundred sixty-nine-d of this title.\\n 8. Empire state challenger fellowships for teachers. a. Six hundred\\nfifty Empire state challenger fellowships shall be awarded annually in\\naccordance with paragraphs b, c and d of this subdivision on a\\ncompetitive basis as determined by the commissioner to individuals\\nenrolled in a registered graduate program in any New York institution of\\nhigher education which leads to permanent certification as a teacher of\\nmathematics or science or other fields of teacher shortage as identified\\nby the commissioner on or after January first, nineteen hundred\\neighty-six. The commissioner shall to the extent practicable ensure that\\nrecipients of such fellowships include individuals who are unrepresented\\nor underrepresented in the respective disciplines.\\n b. A maximum of twenty-five fellowships for full-time study shall be\\nreserved for teachers whose positions have been abolished within two\\nyears preceding the date of application for a fellowship because of a\\ndecline in student enrollment and who are qualified to pursue graduate\\nstudy to obtain certification to teach mathematics or science or other\\nfields of teacher shortage as identified by the commissioner on or after\\nJanuary first, nineteen hundred eighty-six.\\n c. A maximum of four hundred twenty-five fellowships for full-time\\nstudy shall be reserved for individuals who have earned baccalaureate\\ndegrees in mathematics, the physical sciences, the biological sciences,\\nengineering or other disciplines related to fields of teacher shortage\\nas identified by the commissioner on or after January first, nineteen\\nhundred eighty-six but are not eligible for provisional or permanent\\ncertification, and who are qualified to pursue graduate study in a\\nprogram leading to the degree of master of arts in teaching, or the\\nequivalent as determined by the commissioner.\\n d. Not less than two hundred fellowships for part-time study shall be\\nmade available to persons not receiving a fellowship reserved in\\nparagraphs b and c of this subdivision. In the event that there are\\nfull-time fellowships reserved under such paragraphs b and c that have\\nnot been awarded after awards have been made for all qualified\\napplicants, such excess number of fellowships shall be available for\\naward as part-time fellowships pursuant to this paragraph.\\n e. Within such time as the commissioner shall by regulation provide, a\\nrecipient of an award shall have taught in the field or fields for which\\nthe fellowship was awarded in an elementary or secondary school in New\\nYork state for ten months for a full-time award or for that number of\\nmonths calculated by multiplying by five the number of part-time awards\\ngranted to the recipient. If a recipient fails to comply fully with such\\ncondition, the president shall be entitled to recover from such\\nrecipient an amount which bears the same ratio to (i) the aggregate of\\nthe amount of the awards received as (ii) the number of months the\\nrecipient failed to comply with this condition bears to the number of\\nmonths the recipient was obligated to comply with this condition,\\ntogether with interest at ten percent per annum computed from the date\\non which the recipient completed professional training. Such recovery\\nmay be made over such period of time as is prescribed by the president.\\nAny obligation to comply with such provisions shall be cancelled upon\\nthe recipient's death. The commissioner shall have regulations to\\nprovide for the waiver or suspension of any financial obligation in\\nwhole or part under this subdivision where compliance would involve\\nextreme hardship. In determining whether to grant such waiver or\\nsuspension, the commissioner may consider whether the recipient failed\\nto complete the registered graduate program leading to permanent\\ncertification as a teacher or completed such program under financial\\nhardship by reason of the discontinuance of funding for the award of\\nfellowships pursuant to this subdivision.\\n * 9. Regents physician loan forgiveness program. Regents physician\\nloan forgiveness awards shall be awarded annually to physicians who\\nagree to practice medicine in an area of New York state designated by\\nthe regents as having a shortage of physicians. Such awards shall be\\nclassified and allocated in accordance with regents rules.\\n a. Eligibility. (1) The applicant must be a resident of New York state\\nand licensed to practice medicine.\\n (2) The applicant must have completed a professional residency program\\nwithin the five years immediately preceding the period for which the\\nfirst award would be granted, or be within two years of completion of an\\naccredited residency program in a primary care specialty designated in\\nshort supply by the board of regents.\\n (3) The applicant must agree to practice medicine in an area in New\\nYork state designated as having a shortage of physicians. The regents,\\nafter consultation with the commissioners of health, corrections and\\ncommunity supervision, mental health and developmental disabilities,\\nshall designate those regions and facilities of New York state which\\nhave a shortage of physicians for the purposes of this section and\\nestablish relative rankings thereof.\\n b. Selection. The commissioner, in consultation with the commissioner\\nof health, shall establish criteria for the selection of participants in\\nthe program. An applicant must satisfy at least one of the criteria\\nestablished. A priority shall be accorded to any applicant who is\\ncompleting the second year of the service requirement and is reapplying\\nfor a new award. The criteria shall include but not be limited to the\\nfollowing:\\n (i) reapplication for a new award by a person who is completing the\\nsecond year of a service requirement;\\n (ii) receipt of specific training in a primary care specialty or\\nobstetrics, determined by the regents to be in short supply;\\n (iii) receipt of specific training or experience in serving a shortage\\narea;\\n (iv) receipt of specific training or experience matching a specific\\nmedical need existing in a shortage area; and\\n (v) agreement pursuant to subdivision (d) of this section to practice\\nin an area determined by the regents to have a severe shortage of\\nprimary care physician services.\\n c. Notification. (1) The commissioner shall then forward approved\\napplications to the president and shall notify unsuccessful applicants;\\n (2) The president shall verify the approved applicants':\\n (i) eligibility; and\\n (ii) total undergraduate and medical school student expense;\\n (3) The president shall notify applicants of their award entitlement.\\n d. Service requirement. Within such time as the commissioner shall by\\nregulation provide, a recipient of an award shall have agreed to\\npractice medicine in a specific area designated as having a shortage of\\nphysicians for a period of twelve months for each annual payment to be\\nreceived by the recipient. Physicians in training who receive an award\\nshall not receive credit toward their required service for time spent in\\na training program. In no case shall the total number of months of\\nservice required be less than twenty-four. The president shall, in\\nconsultation with the commissioner, develop and secure from each award\\nrecipient, a written agreement to:\\n (i) practice medicine in the designated shortage area;\\n (ii) to accept Medicare and Medicaid payments; and\\n (iii) to provide thirty-five hours per week of direct patient care in\\nthe designated shortage area being served, or to the designated\\npopulation being served.\\nIf a recipient fails to comply fully with such conditions, the president\\nshall be entitled to receive from such recipient an amount to be\\ndetermined by the formula:\\n A = 2B (t-s)\\n ---\\n t\\nin which \"A\" is the amount the president is entitled to recover; \"B\" is\\nthe sum of all payments made to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of service actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis paragraph shall be paid within the five-year period beginning on\\nthe date that the recipient failed to comply with this service\\ncondition. Nothing in the written agreement shall affect the terms of\\nemployment of the individual who shall negotiate, separate and apart\\nfrom the program, his or her salary and other forms of employment with\\nan agency, institution or a program in which he or she shall be\\nemployed.\\n Any obligation to comply with such provisions as outlined in this\\nsection shall be cancelled upon the death of the recipient. The\\ncommissioner shall make regulations to provide for the waiver or\\nsuspension of any financial obligation which would involve extreme\\nhardship.\\n e. Reporting. A recipient of an award shall report annually to the New\\nYork state higher education services corporation, and the department of\\nhealth on forms prescribed by the president, as to the performance of\\nthe required services, commencing with the calendar year in which the\\nrecipient begins to practice medicine in a shortage area and continuing\\nuntil the recipient shall have completed, or it is determined that he or\\nshe shall not be obligated to complete, the required services. If the\\nrecipient shall fail to file any report required hereunder within thirty\\ndays of written notice to the recipient, mailed to the address shown on\\nthe last application for an award or last report filed, whichever is\\nlater, the president of the corporation may impose a fine of up to one\\nthousand dollars. The president shall have the discretion to waive the\\nfiling of a report, excuse a delay in filing or a failure to file a\\nreport, or waive or reduce any fine imposed for good cause shown.\\n f. Other awards. Award recipients shall be eligible to apply for one\\nadditional award.\\n * NB Program terminates per ch. 31/85, as amended\\n * 10. Regents health care professional opportunity scholarships.\\nRegents health care professional opportunity scholarships shall be\\nawarded annually to students who are beginning or engaged in an approved\\nprogram in medicine or dentistry and who are economically disadvantaged\\nand/or members of an underrepresented minority group, provided, however,\\nthat to the extent that regents health care professional opportunity\\nscholarships are not awarded, such scholarships shall be awarded as\\nregents professional opportunity scholarships. These scholarships shall\\nbe classified and allocated in accordance with regents rules.\\n a. In selecting and certifying scholarship recipients under this\\nsubdivision, priority shall be accorded to applicants in the following\\norder:\\n (1) First, to any applicant who is economically disadvantaged as\\ndefined by the regents and a minority historically underrepresented in\\nthe profession as determined by the regents after consultation with the\\ncouncil on professional career opportunity created by section nine\\nhundred forty-one of the executive law;\\n (2) Second, to any applicant who is a minority underrepresented in the\\nprofession as determined by the regents after consultation with the\\ncouncil on professional career opportunity created by section nine\\nhundred forty-one of the executive law;\\n (3) Third, to any applicant who is a graduate of the state-sponsored\\nopportunity program pursuant to section sixty-four hundred fifty-one or\\nsixty-four hundred fifty-two of this chapter.\\n In the event that there are more applicants who have the same priority\\nthan there are remaining scholarships, the commissioner shall distribute\\nthe remaining number of such scholarships by means of a lottery or other\\nform of random selection.\\n b. The commissioner shall then forward approved applications to the\\npresident and shall notify unsuccessful applicants.\\n c. The president shall notify applicants of their award entitlement.\\n d. The president shall, in consultation with the commissioner, develop\\nand secure from each successful applicant a written agreement to\\npractice medicine or dentistry, as appropriate, in a designated shortage\\narea. Within such time as the commissioner shall by regulation provide,\\na recipient of an award shall have practiced medicine or dentistry in an\\narea designated as having a shortage of physicians or dentists, as\\nappropriate, for that number of months calculated by multiplying by\\ntwelve the number of annual payments received by the recipient. In no\\ncase shall the total number of months of service required be less than\\ntwenty-four. If a recipient fails to comply fully with such conditions,\\nthe president shall be entitled to receive from such recipient an amount\\nto be determined by the formula:\\n A = 2B (t-s)\\n ---\\n t\\nin which \"A\" is the amount the president is entitled to recover; \"B\" is\\nthe sum of all payments made to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of service actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis paragraph shall be paid within the five-year period beginning on\\nthe date that the recipient failed to comply with this service\\ncondition. Nothing in the written agreement shall affect the terms of\\nemployment of the individual who shall negotiate, separate and apart\\nfrom the program, his or her salary and other forms of employment with\\nan agency, institution or a program in which he or she shall be\\nemployed.\\n Any obligation to comply with such provisions as outlined in this\\nsection shall be cancelled upon the death of the recipient. The\\ncommissioner shall make regulations to provide for the waiver or\\nsuspension of any financial obligation which would involve extreme\\nhardship.\\n e. A recipient of an award shall report annually to the New York state\\nhigher education services corporation, on forms prescribed by it, as to\\nthe performance of the required services, commencing with the calendar\\nyear in which the recipient begins to practice medicine or dentistry in\\na shortage area and continuing until the recipient shall have completed,\\nor it is determined that he or she shall not be obligated to complete,\\nthe required services. If the recipient shall fail to file any report\\nrequired hereunder within thirty days of written notice to the\\nrecipient, mailed to the address shown on the last application for an\\naward or last report filed, whichever is later, the president of the\\ncorporation may impose a fine of up to one thousand dollars. The\\npresident shall have the discretion to waive the filing of a report,\\nexcuse a delay in filing or a failure to file a report, or waive or\\nreduce any fine imposed for good cause shown.\\n * NB Scholarship terminates per ch. 31/85, as amended\\n * 11. Regents professional opportunity scholarships. a. Regents\\nprofessional opportunity scholarships shall be awarded annually to\\nstudents who are beginning or engaged in an approved program leading to\\na degree in a profession licensed by the regents or other field\\ndesignated by the regents and who are economically disadvantaged and/or\\nmembers of an underrepresented minority group. Such scholarships shall\\nbe classified and allocated in accordance with regents rules. In\\nselecting and certifying scholarship recipients under this subdivision,\\npriority shall be accorded to applicants in the following order:\\n (1) First, to any applicant who is economically disadvantaged as\\ndefined by the regents and a minority historically underrepresented in\\nthe profession or field as determined by the regents after consultation\\nwith the council on professional career opportunity created by section\\nnine hundred forty-one of the executive law;\\n (2) Second, to any applicant who is a minority underrepresented in the\\nprofession or field determined by the regents after consultation with\\nthe council on professional career opportunity created by section nine\\nhundred forty-one of the executive law;\\n (3) Third, to any applicant who is enrolled in or is a graduate of the\\nstate-sponsored opportunity program pursuant to section sixty-four\\nhundred fifty-one or sixty-four hundred fifty-two of this chapter.\\n In the event that there are more applicants who have the same priority\\nthan there are remaining scholarships, the commissioner shall distribute\\nthe remaining number of such scholarships by means of a lottery or other\\nform of random selection.\\n b. The commissioner shall then forward approved applications to the\\npresident and shall notify unsuccessful applicants.\\n c. The president shall notify applicants of their award entitlement.\\n d. Within such time as the commissioner shall by regulation provide, a\\nrecipient of an award shall have resided and been employed in a\\nprofession or field designated by the regents in New York state for that\\nnumber of months calculated by multiplying by twelve the number of\\nannual awards received by the recipient. If a recipient fails to comply\\nfully with such condition, the state shall be entitled to recover from\\nsuch recipient an amount determined by the formula:\\n A = 2B (t-s)\\n ---\\n t\\nin which \"A\" is the amount the president is entitled to recover; \"B\" is\\nthe sum of all awards paid to the recipient and the interest on such\\namount which would be payable if at the times such awards were paid they\\nwere loans bearing interest at the maximum prevailing rate; \"t\" is the\\ntotal number of months in the recipient's period of obligated services;\\nand \"s\" is the number of months of service actually rendered by the\\nrecipient. Any amount which the president is entitled to recover under\\nthis paragraph shall be paid within the five-year period beginning on\\nthe date that the recipient failed to comply with this service\\ncondition. Nothing in the written agreement shall affect the terms of\\nemployment of the individual who shall negotiate, separate and apart\\nfrom the program, his or her salary and other forms of employment.\\n Any obligation to comply with such provisions as outlined in this\\nsection shall be cancelled upon the death of the recipient. The\\ncommissioner shall make regulations to provide for the waiver or\\nsuspension of any financial obligation which would involve extreme\\nhardship.\\n e. A recipient of an award shall report annually to the New York state\\nhigher education services corporation, on forms prescribed by it, as to\\nthe performance of the required services, until the recipient shall have\\ncompleted, or it is determined that he or she shall not be obligated to\\ncomplete, the required services. If the recipient shall fail to file any\\nreport required hereunder within thirty days of written notice to the\\nrecipient, mailed to the address shown on the last application for an\\naward or last report filed, whichever is later, the president of the\\ncorporation may impose a fine of up to one thousand dollars. The\\npresident shall have the discretion to waive the filing of a report,\\nexcuse a delay in filing or a failure to file a report, or waive or\\nreduce any fine imposed for good cause shown.\\n * NB Scholarship terminates per ch. 31/85, as amended\\n 12. Empire state scholarships of excellence. One thousand empire state\\nscholarships of excellence shall be awarded each year, beginning with\\nthe nineteen hundred eighty-six--nineteen hundred eighty-seven academic\\nyear to students completing their high school programs who in each\\ncounty receive the highest scores on the nationally established\\ncompetitive examinations upon which the regents college scholarships are\\nbased. The awarded scholarships shall be allocated to each county in the\\nstate in the same ratio that the number of students residing in such\\ncounty who were graduated from approved high schools in the state during\\nthe school year preceding the date of the examination for the award of\\nsuch scholarships bears to the total number of students residing in the\\nstate who were graduates from approved high schools in the state during\\nsuch school year provided that no county shall be allocated less than\\ntwo scholarships, except Hamilton county which shall be allocated no\\nless than one scholarship. In the event that a scholarship awarded\\npursuant to this subdivision is declined by a student, or, for any\\nreason, is revoked by the commissioner or the president, its benefits\\nshall lapse and there shall be no further payment or reawarding of such\\nscholarship.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "605-A", "title" : "Scholarships for academic excellence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "605-A", "activeDate" : "2014-09-22", "sequenceNo" : 428, "repealedDate" : null, "fromSection" : "605-A", "toSection" : "605-A", "text" : " § 605-a. Scholarships for academic excellence. 1. (a) Beginning with\\nthe nineteen hundred ninety-seven--ninety-eight academic year and\\nthereafter, scholarships for academic excellence shall be awarded to\\nstudents completing their high school programs for attendance in\\napproved programs. The academic merit criteria for awarding these\\nscholarships will be determined by taking the weighted average of a\\nstudent's score on Regents examinations taken by students prior to their\\nsenior year in all of the following five subject areas: comprehensive\\nEnglish; global studies; U.S. history/government; level 3 math; and\\nscience, which shall consist of the weighted average of the combination\\nof exams taken in chemistry, biology, earth science and physics. For\\nthose schools not offering regents examinations in all such five subject\\nareas, awards shall be based on criteria developed by the commissioner\\nand subject to the approval of the director of the budget.\\n (b) School allocation. (i) Each high school in the state, as defined\\nin regulations of the commissioner adopted for such purpose and subject\\nto the approval of the director of the budget, shall be allocated: for\\nthe nineteen hundred ninety-seven--ninety-eight academic year, a single\\nscholarship of one thousand dollars; and for the nineteen hundred\\nninety-eight--ninety-nine academic year and thereafter, a single\\nscholarship of one thousand five hundred dollars which shall be awarded\\nto the top scholar of such school as determined by the academic merit\\ncriteria set forth in paragraph (a) of this subdivision.\\n (ii) The remaining scholarships for the nineteen hundred\\nninety-seven--ninety-eight academic year of one thousand dollars, and\\nfor the nineteen hundred ninety-eight--ninety-nine academic year and\\nthereafter, of one thousand five hundred dollars shall be allocated to\\nhigh schools in the state as defined in regulations of the commissioner\\nfor such purpose and subject to the approval of the director of the\\nbudget, in the same ratio that the number of students enrolled in the\\ntwelfth grade at such high school in the prior school year bears to the\\ntotal number of students who were enrolled in the twelfth grade in the\\nstate during the prior school year. The ratio shall be multiplied by\\nthe number of scholarships available and the results, rounded to the\\nnearest whole number, shall be the number of scholarships allocated to\\nthe school. Such awards shall be distributed on the basis of the\\nacademic merit criteria as set forth in paragraph (a) of this\\nsubdivision.\\n (iii) All scholarships of five hundred dollars shall be allocated in\\nthe same manner as described in subparagraph (ii) of this paragraph.\\n 2. In the event that a scholarship awarded is declined by a student,\\nor for any reason revoked by the commissioner or the president, its\\nbenefits shall lapse and there shall be no further payments or awarding\\nof such scholarship.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "606", "title" : "County awards for professional education in nursing, medicine, dentistry, optometry or veterinary medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "606", "activeDate" : "2014-09-22", "sequenceNo" : 429, "repealedDate" : null, "fromSection" : "606", "toSection" : "606", "text" : " § 606. County awards for professional education in nursing, medicine,\\ndentistry, optometry or veterinary medicine. Each county of the state\\noutside New York city is hereby authorized to establish awards in such\\nmanner as the local legislative body of such county may determine, for\\nattendance by legal residents of this state, who meet the citizenship\\nrequirements established by article fourteen of this chapter for the\\nprofessional study of nursing, medicine, dentistry, optometry or\\nveterinary medicine, at approved nursing, medical, dental, optometry or\\nveterinary medicine schools within the United States, conditioned upon\\nthe promise of the scholarship holder to practice nursing, medicine,\\ndentistry, optometry or veterinary medicine in such county for such\\nperiod as such body may fix, following his licensing as a nurse,\\nphysician, dentist, optometrist or veterinarian. Each such award shall\\nentitle the recipient to such sum of money as may be fixed by such body\\nwhile in attendance at approved nursing, medical, dental, optometry or\\nveterinary medicine schools in the United States during a period of not\\nto exceed four years of professional study and for physicians for a\\nfurther period of not to exceed two years while engaged in an internship\\nor as a resident physician in an accredited hospital in the United\\nStates. Such awards may, as an alternative to awards hereinbefore\\nauthorized, be granted by any such county to those already so licensed\\nto practice nursing, medicine, dentistry, optometry or veterinary\\nmedicine upon the promise of such grantees to practice within the county\\nfor a period of time and upon such terms and conditions as the county\\nmay fix, provided such recipient did not receive a similar award while a\\nstudent. The county shall appropriate annually such sums of money as\\nmay be necessary to defray the costs of such awards and moneys so\\nappropriated shall be deemed appropriated for a lawful county purpose\\nand shall be raised by the same method as moneys required for other\\nlawful county purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "607", "title" : "Required disclosure to matriculated students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "607", "activeDate" : "2014-09-22", "sequenceNo" : 430, "repealedDate" : null, "fromSection" : "607", "toSection" : "607", "text" : " § 607. Required disclosure to matriculated students. The commissioner\\nof education shall promulgate rules and regulations to reflect and\\nadminister the intent of section 493A of the Higher Education Act of\\n1965 as last amended by P.L. 94-482 concerning institutional and\\nfinancial aid for students.\\n The information, to be disseminated through but not limited to,\\ncollege catalogues or bulletins, shall include in addition to that\\ninformation cited by congress, job placement and graduate school\\nplacement statistics where available.\\n All material required by this section and all material contained in\\nthe bulletin shall be truthfully representative of the institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "608", "title" : "World trade center memorial scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "608", "activeDate" : "2014-09-22", "sequenceNo" : 431, "repealedDate" : null, "fromSection" : "608", "toSection" : "608", "text" : " § 608. World trade center memorial scholarships. 1. Notwithstanding\\nsubdivisions three and five of section six hundred sixty-one of this\\ntitle, children, spouses and financial dependents of innocent victims\\nwho have died or have been severely and permanently disabled, or those\\ninnocent victims who have become severely and permanently disabled as a\\ndirect result of an injury sustained in the impact area of the September\\neleventh, two thousand one attack on the United States of America, shall\\nbe eligible to receive a scholarship in an annual amount determined\\npursuant to subdivision two of section six hundred sixty-eight-d of this\\ntitle. The attack on the United States of America shall consist of the\\nattack on the world trade center, the attack on the Pentagon and the\\nhijackings and crashes of United Airlines flights 93 and 175 and\\nAmerican Airlines flights 11 and 77.\\n 2. Awards under this section shall be payable for each of not more\\nthan four academic years of undergraduate study or five academic years\\nif a program normally requires five years, as defined by the\\ncommissioner pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "608-A", "title" : "Military enhanced recognition, incentive and tribute (\"MERIT\") scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "608-A", "activeDate" : "2014-09-22", "sequenceNo" : 432, "repealedDate" : null, "fromSection" : "608-A", "toSection" : "608-A", "text" : " § 608-a. Military enhanced recognition, incentive and tribute\\n(\"MERIT\") scholarships. 1. Eligible persons. a. Children, spouses and\\nfinancial dependents of members of the armed forces or state organized\\nmilitia who at any time on or after the second day of August, nineteen\\nhundred ninety, while in service in the armed forces of the United\\nStates, as defined by subdivision eight of section one of the military\\nlaw, or in a force of the state organized militia, as defined by\\nsubdivision nine of section one of the military law: (i) while a legal\\nresident of New York state, died, became severely and permanently\\ndisabled or was classified as missing in action in a combat theater or\\ncombat zone of operations as part of military operations related to such\\nmilitary service or died as a result of injury or illness suffered or\\nincurred during such military service; or (ii) while a legal resident of\\nNew York state, died or became severely and permanently disabled as a\\nresult of injury or illness suffered or incurred during military\\ntraining operations in preparation for duty in a combat theater or\\ncombat zone of operations.\\n b. A member of the armed forces of the United States who: (i) became\\nseverely and permanently disabled as a result of service in the armed\\nforces of the United States, as defined by subdivision eight of section\\none of the military law, in a combat theater or combat zone of\\noperations as part of military operations at any time on or after the\\nsecond day of August, nineteen hundred ninety; and (ii) was a legal\\nresident of New York state at the time of military service.\\n c. A member of the armed forces of the United States who: (i) became\\nseverely and permanently disabled as a result of injury or illness\\nsuffered or incurred during military training operations in preparation\\nfor duty in a combat theater or combat zone of operations; and (ii) was\\na legal resident of New York state at the time of military service.\\n d. A member of the state organized militia who: (i) became severely\\nand permanently disabled as a result of injury or illness suffered or\\nincurred during active military service, as defined in subdivision six\\nof section one of the military law; and (ii) was a legal resident of New\\nYork state at the time of military service.\\n 2. Awards under this section shall be payable for each of not more\\nthan four academic years of undergraduate study or five years if a\\nprogram normally requires five years, as defined by the commissioner\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A13-A", "title" : "Liberty Scholarships", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-A", "activeDate" : "2014-09-22", "sequenceNo" : 433, "repealedDate" : null, "fromSection" : "610", "toSection" : "612", "text" : " ARTICLE 13-A\\n LIBERTY SCHOLARSHIPS\\nSection 610. Liberty scholarships.\\n 611. Liberty scholarship advisory committee.\\n 612. Liberty partnerships.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "610", "title" : "Liberty scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-06-13", "2026-03-13" ], "docLevelId" : "610", "activeDate" : "2014-09-22", "sequenceNo" : 434, "repealedDate" : null, "fromSection" : "610", "toSection" : "610", "text" : " § 610. Liberty scholarships. 1. Establishment of liberty\\nscholarships. The president of the higher education services\\ncorporation shall award liberty scholarships for payment annually\\nbeginning with the nineteen hundred ninety-one--nineteen hundred\\nninety-two academic year, and in each academic year thereafter, to\\nstudents eligible pursuant to subdivision two of this section. In\\nadministering this program, the president is hereby authorized to\\nexercise all powers and duties authorized under article fourteen of this\\nchapter.\\n 2. Eligibility for scholarship. Liberty scholarships shall be awarded\\nto persons:\\n a. who have applied for such scholarship;\\n b. who have graduated from a secondary school located within New York\\nstate or have received a high school equivalency diploma from New York\\nstate;\\n c. who have not attained the age of twenty-two as of June thirtieth\\nprior to the academic year for which the initial award is received and\\nwho are undergraduate students receiving aid under this chapter for the\\nfirst time during academic year nineteen hundred ninety-one--nineteen\\nhundred ninety-two or thereafter;\\n d. who have enrolled in an approved program in a degree-granting\\ninstitution located in New York state within twenty-four months of the\\ndate that the recipient graduated from secondary school or received a\\nhigh school equivalency diploma, provided that those students who are\\ntemporarily unable to avail themselves of the award due to illness,\\nmilitary service or other causes in accordance with rules of the board\\nof regents prior to receipt of the first payment of an award may be\\ngranted a leave of absence pursuant to regulations of the trustees of\\nthe higher education services corporation;\\n e. who satisfy the requirements of section six hundred sixty-one of\\nthis chapter;\\n f. who retain good academic standing as defined by the commissioner;\\nand\\n g. who qualify for a scholarship pursuant to subdivision six of this\\nsection.\\n 3. Application. Application for payment of a liberty scholarship shall\\nbe made in conjunction with an application for tuition assistance in\\naccordance with rules of the board.\\n 4. Application for other student financial assistance. a. A student\\nenrolled in a program of full-time study shall not be entitled to\\nreceive a scholarship unless the recipient (1) receives a tuition\\nassistance award or supplemental tuition assistance award pursuant to\\nsection six hundred sixty-seven or six hundred sixty-seven-a of this\\nchapter and (2) receives a Pell grant award pursuant to section one\\nthousand seventy-a of title twenty of the United States code.\\n b. A recipient enrolled in a program of part-time study shall not be\\nentitled to receive a scholarship unless the recipient receives a Pell\\ngrant award pursuant to section one thousand seventy-a of title twenty\\nof the United States code.\\n 5. Duration. a. Subject to the requirements of subdivision two of this\\nsection, a recipient shall be entitled to an annual scholarship for not\\nmore than (1) four academic years of full-time undergraduate study or\\nthe equivalent thereof of part-time study, or (2) five academic years,\\nor the equivalent thereof of part-time study, if the program of study\\nnormally requires five years, as defined by the commissioner pursuant to\\narticle thirteen of this chapter.\\n b. For purposes of this subdivision and subdivision fourteen of\\nsection six hundred five of this chapter, the term \"part-time study\"\\nmeans enrollment for at least six but less than twelve semester hours,\\nor the equivalent, per semester or at least four but less than eight\\nsemester hours per quarter in an approved undergraduate program.\\n c. Any semester, quarter or term of attendance during which a student\\nreceives an award for part-time study pursuant to this section shall be\\ncounted as one-half of a semester, quarter or term, as the case may be,\\ntoward the maximum term of eligibility for tuition assistance awards\\npursuant to sections six hundred sixty-six and six hundred sixty-seven\\nof this chapter.\\n 6. Amount. a. The president shall grant annual scholarships in the\\nfollowing amounts:\\n (1) If the recipient attends an institution of the city university of\\nNew York or an institution of the state university of New York other\\nthan the statutory colleges at Cornell, the college of environmental\\nscience and forestry at Syracuse and the college of ceramics at Alfred,\\nthe annual scholarship award shall be an amount equal to the non-tuition\\ncost of attendance at such institution or college reduced by (i) the\\namount of a Pell grant and (ii) the amount of such other state and\\nfederal scholarships and grants, other than tuition assistance or\\nsupplemental tuition assistance received under this chapter, which do\\nnot require repayment, awarded to the recipient for the cost of\\nattendance at the institution being attended, as reported to the\\npresident; provided, however, that such scholarship shall be reduced one\\ndollar for every three dollars of income in excess of eighteen thousand\\ndollars of income; or\\n (2) If the recipient attends any other degree-granting institution\\nwithin New York state and enrolls in a program approved by the\\ncommissioner, the annual scholarship award shall be based upon an amount\\nequal to the average non-tuition cost of attendance, as determined by\\nthe commissioner in consultation with the president and as approved by\\nthe director of the budget, for a student at the state university of New\\nYork or actual non-tuition cost of attendance at such institution,\\nwhichever is less, reduced by (i) the amount of a Pell grant the\\nrecipient would have been entitled to had the recipient attended the\\nstate university of New York and (ii) the amount of such other state and\\nfederal scholarships and grants, other than tuition assistance or\\nsupplemental tuition assistance received under this chapter, which do\\nnot require repayment, awarded to the recipient for the cost of\\nattendance at the institution being attended, as reported to the\\npresident; provided, however, that such scholarships shall be reduced\\none dollar for every three dollars of income in excess of eighteen\\nthousand dollars of income.\\n (3) Scholarships and grants that reduce the cost of attendance for\\npurposes of determining the amount of a scholarship award shall not\\ninclude supplemental financial assistance provided on a last dollar\\nbasis pursuant to the provisions of section sixty-four hundred fifty-one\\nor sixty-four hundred fifty-two of this chapter.\\n (4) \"Non-tuition cost of attendance\", as used in this paragraph, shall\\nmean: (i) the actual amount charged by the institution for room and\\nboard and (ii) an allowance for transportation, books and supplies as\\ndetermined by the commissioner in consultation with the president and as\\napproved by the director of the budget, provided that such determination\\nshall be made no later than December first of each year for use in the\\nsucceeding academic year. In the event a student does not incur room or\\nboard charges at the institution, \"non-tuition cost of attendance\" shall\\nmean an allowance for room and board as determined by the commissioner\\nin consultation with the president and approved by the director of the\\nbudget. In determining allowances pursuant to this subparagraph, the\\ncommissioner may take into consideration the allowances provided for in\\nthe Pell grant program.\\n b. For the purposes of determining annual scholarships, the term\\n\"income\" shall be determined in accordance with the provisions of\\nsection six hundred sixty-three of this chapter, except that in making\\nsuch determination, adjusted gross income, as defined in regulations of\\nthe trustees of the corporation, shall be used instead of New York state\\nnet taxable income.\\n c. In no event shall the combination of all student financial aid\\nreceived by a student exceed the recipient's total cost of attendance at\\nthe institution being attended.\\n 7. Ineligibility for a tuition assistance, supplemental tuition\\nassistance or Pell grant award in a particular academic year shall not\\nprevent a recipient from receiving a liberty scholarship award in any\\nsubsequent year in which such recipient shall become eligible for a\\ntuition assistance, supplemental tuition assistance or Pell grant award,\\nprovided, however, the seven-year period referred to in subdivision\\nseven of section six hundred sixty-five of this chapter, or an\\neight-year period for part-time study, shall not have elapsed.\\n 8. Relationship to educational opportunity programs. Liberty\\nscholarship recipients who qualify for admission to the educational\\nopportunity programs established in section sixty-four hundred fifty-one\\nor sixty-four hundred fifty-two of this chapter shall in no way be\\nprecluded from participation in such programs as a result of their\\nstatus as liberty scholarship recipients. Recipients who qualify and are\\nselected for participation in the opportunity programs shall be eligible\\nto receive the same tutoring and counseling services provided to other\\neducational opportunity program students, and shall be eligible to\\nreceive supplemental financial assistance through the educational\\nopportunity programs for any approved costs not otherwise funded under\\nsuch scholarship.\\n 9. Notification. The superintendent of schools or other chief school\\nofficer of each public school district and the chief school officer of\\nnonpublic secondary schools shall take steps to inform students and\\nparents about the liberty scholarship program and various types of\\nstudent financial aid that are available for their college educations.\\nThe corporation, in cooperation with the commissioner, shall assist such\\nefforts by making available to school districts, nonpublic secondary\\nschools and students information relating to such programs and aid. In\\naddition, the commissioner, in cooperation with the president and school\\nofficials shall also provide such other information as is appropriate to\\nencourage students to complete high school and to assist students in\\npreparing to attend college.\\n 10. Regulations. All regulations of the commissioner or regulations of\\nthe trustees of the corporation to implement the provisions of this\\narticle shall be subject to the approval of the director of the budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "611", "title" : "Liberty scholarship advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "611", "activeDate" : "2014-09-22", "sequenceNo" : 435, "repealedDate" : null, "fromSection" : "611", "toSection" : "611", "text" : " § 611. Liberty scholarship advisory committee. There is hereby\\ncreated a liberty scholarship advisory committee, which shall consist of\\neleven persons appointed by the governor, two of whom shall be upon the\\nrecommendation of the president pro tem of the senate and two of whom\\nshall be upon the recommendation of the speaker of the assembly. Such\\nmembers shall serve at the pleasure of the governor, except that those\\nrecommended by other authorities shall serve at the pleasure of such\\nrecommending authorities, and shall include, but not be limited to,\\nrepresentatives of secondary schools, business and industry, labor and\\nnonprofit or voluntary organizations. In addition to such eleven\\nmembers, the president of the higher education services corporation, the\\ncommissioner of education, the chancellor of the state university of New\\nYork, the chancellor of the city university of New York and the\\npresident of the commission of independent colleges and universities\\nshall serve on the committee as ex-officio members. The governor shall\\ndesignate one member to serve as chairperson of the committee. No later\\nthan April first, nineteen hundred eighty-nine, such committee shall\\nprepare a plan that (i) identifies counseling and support services for\\nstudents available from institutions of higher education, secondary\\nschools, government agencies, business and industry, labor, nonprofit\\norganizations and volunteers and (ii) proposes ways in which such\\ncounseling and support services can be coordinated to promote continuity\\nof counseling and support. In addition, the advisory committee shall\\nmake recommendations as to the implementation of such plan and shall\\nperiodically report on the degree to which such plan has been\\nsuccessfully implemented. The president, commissioner and the\\nchancellors of the public universities shall make available personnel to\\nact as staff for the committee. The members of the committee shall\\nreceive no compensation for their services, but shall be entitled to\\nreimbursement for their actual and necessary expenses incurred in the\\nperformance of their duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "612", "title" : "Liberty partnerships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12" ], "docLevelId" : "612", "activeDate" : "2014-09-22", "sequenceNo" : 436, "repealedDate" : null, "fromSection" : "612", "toSection" : "612", "text" : " § 612. Liberty partnerships. 1. The commissioner shall award grants\\nfor the purpose of providing support services to students enrolled in\\npublic and non-public schools who are identified as having a high risk\\nof dropping out of school. Such awards shall be made on a competitive\\nbasis to degree-granting institutions of higher education or consortia\\nof degree-granting higher education institutions in cooperation with\\nschool districts and not-for-profit community-based organizations. In\\naddition, in areas of the state where no degree-granting institution or\\nconsortium of degree-granting institutions of higher education can\\nprovide appropriate services to students, the commissioner may award\\ngrants to not-for-profit community-based organizations in cooperation\\nwith school districts.\\n a. All grant applications shall contain the following program\\nelements:\\n (1) a program for identifying students who are at-risk of dropping out\\nas measured by academic performance, attendance, discipline problems,\\nand other factors affecting school performance including but not limited\\nto teenage pregnancy or parenting, residence in a homeless shelter or\\ntemporary living arrangement, substance abuse, child abuse or neglect,\\nor limited English proficiency;\\n (2) a program for encouraging the use of volunteers and facilitating\\nparent involvement where possible and involvement of current or former\\nliberty scholarship recipients as peer or mentor counselors in programs;\\nand\\n (3) a program to provide for continuity of services throughout a\\nstudent's progression through secondary school.\\n b. In awarding such grants, the commissioner shall give priority to\\napplications that:\\n (1) provide services to school districts receiving an apportionment\\nunder subdivision twenty-five of section thirty-six hundred two of this\\nchapter;\\n (2) provide services to schools identified by the commissioner as in\\nneed of assistance pursuant to the comprehensive assessment report;\\n (3) provide services to rural schools with students at risk;\\n (4) replicate model programs of demonstrated effectiveness, including\\nmodels that provide for small group partnerships with low student-staff\\nratios. The commissioner shall identify model programs with proven\\neffectiveness and shall make such models available to grant applicants;\\n (5) demonstrate a high level of institutional commitment to programs\\nin fields relevant to counseling and mentoring, including but not\\nlimited to education, social work, psychology and sociology and the\\nextent to which such institution shall involve faculty members and\\ngraduate/professional students from such degree programs;\\n (6) the need for such services in the area the institution proposes to\\nserve; and\\n (7) the degree to which the institution proposes to cooperate with\\nschool districts and not-for-profit community based organizations to\\nprovide services and insure continuity of such services until such\\nstudents graduate from high school or receive a high school equivalency\\ndiploma.\\n c. Services for non-public school students shall be provided at sites\\nother than sectarian non-public schools.\\n 2. Services. Funds available under this section shall be used for\\ncompensatory and support services to students who are identified as\\nbeing at risk of dropping out of school. Services to be provided under\\nthis section may include skills assessment, tutoring, academic and\\npersonal counseling, family counseling and home visits, staff\\ndevelopment activities for personnel with direct responsibility for such\\nstudents and mentoring programs.\\n 3. Allowable costs. Allowable costs under this program shall include,\\nbut not be limited to: salaries of program personnel, including graduate\\nstudent stipends; transportation costs for students and program\\npersonnel; instructional materials; reimbursement to school districts\\nfor release time granted to employees while participating in the\\nplanning and development of activities funded pursuant to this section;\\ntraining of program personnel; costs related directly to program\\nprovisions, including summer and weekend activities; and administrative\\ncosts directly attributable to the program.\\n 4. a. For school years commencing in nineteen hundred eighty-nine--\\nninety and thereafter, the amount that shall be made available for\\nfunding liberty partnership grants shall be equal to four percent of the\\nbase year enrollment of children in public and non-public schools in New\\nYork state in grades seven through twelve, as computed in accordance\\nwith regulations of the commissioner, multiplied by seven hundred fifty\\ndollars, provided, however, that notwithstanding the foregoing, the\\namount that shall be made available for funding liberty partnership\\ngrants for the nineteen hundred eighty-nine--ninety, nineteen hundred\\nninety--ninety-one and nineteen hundred ninety-one--ninety-two school\\nyears shall be twenty-five percent, fifty percent, and seventy-five\\npercent, respectively, of the amount to be provided pursuant to this\\nsubdivision.\\n b. A grant to a recipient of an award under this section shall not\\nexceed the amount of three hundred thousand dollars for any grant year,\\nprovided that a recipient may receive a grant in excess of such amount\\nat the rate of twelve hundred fifty dollars for each student, in excess\\nof two hundred forty students, who is provided compensatory and support\\nservices by the recipient during such grant year.\\n c. The grant recipients shall provide students at public and nonpublic\\nschools the opportunity to receive compensatory and support services in\\nan equitable manner consistent with the number and need of the children\\nin such schools.\\n 5. Regulations. The commissioner shall adopt regulations for the\\nimplementation of this section.\\n 6. Annual report. The commissioner shall prepare an annual report\\nevaluating the programs funded under this section and under sections\\nsixty-four hundred fifty-four and sixty-four hundred fifty-five of this\\nchapter and making appropriate recommendations. The report shall be\\nsubmitted on or before December first, to the governor, the temporary\\npresident of the senate and the speaker of the assembly.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A13-B", "title" : "Student Lending Accountability, Transparency and Enforcement Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13-B", "activeDate" : "2014-09-22", "sequenceNo" : 437, "repealedDate" : null, "fromSection" : "620", "toSection" : "632", "text" : " ARTICLE 13-B\\n STUDENT LENDING ACCOUNTABILITY, TRANSPARENCY AND ENFORCEMENT ACT\\nSection 620. Definitions.\\n 621. Prohibition of gifts made by lending institutions to\\n covered institutions and their employees.\\n 622. Prohibition of receipt of gifts by covered institutions.\\n 623. Prohibition of receipt of gifts by covered institution\\n employees.\\n 624. Covered institution employee prohibitions and reporting\\n requirements.\\n 625. Misleading identification of lending institutions'\\n employees.\\n 626. Loan disclosure and prohibition of quid pro quo high risk\\n loans.\\n 627. Standards for preferred lender lists.\\n 628. Proper execution of master promissory notes.\\n 629. Disclosures at request of covered institutions.\\n 630. Penalties.\\n 631. Rules and regulations.\\n 632. Non-exclusivity of rights or remedies.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "620", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "620", "activeDate" : "2014-09-22", "sequenceNo" : 438, "repealedDate" : null, "fromSection" : "620", "toSection" : "620", "text" : " § 620. Definitions. As used in this article, the following terms shall\\nhave the following meanings unless otherwise specified:\\n 1. \"Borrower\" shall mean a student attending a covered institution in\\nthis state, or a parent or person in parental relation to such student,\\nwho also obtains an educational loan from a lending institution to pay\\nfor or finance higher education expenses.\\n 2. \"Covered institution\" shall mean any college, vocational\\ninstitution, or approved program as defined in section six hundred one\\nof this title.\\n 3. \"Covered institution employee\" shall mean any employee, agent,\\ncontractor, director, officer or trustee of a covered institution.\\n 4. \"Educational loan\" shall mean any loan that is made, insured, or\\nguaranteed under Part B of Title IV of the Federal Higher Education Act\\nof nineteen hundred sixty-five, as amended, any high risk loan or any\\nprivate loan issued by a lending institution for the purposes of paying\\nfor or financing higher education expenses.\\n 5. \"Gift\" shall mean any discount, favor, gratuity, inducement, loan,\\nstock, thing of value, or other item having more than nominal value.\\n a. The term \"gift\" shall include, but is not limited to:\\n (1) Any money, service, loan, entertainment, honoraria, hospitality,\\nlodging costs, meals, registration fees, travel expenses, discount,\\nforbearance or promise;\\n (2) Gifts provided in kind, by purchase of a ticket, payment in\\nadvance, or reimbursement after expenses have been incurred;\\n (3) Any computer hardware for which the recipient pays below-market\\nprices;\\n (4) Any printing costs or services.\\n b. The term \"gift\" shall not include any of the following:\\n (1) A lending institution's own brochure or promotional literature;\\n (2) Food, refreshments, training, or informational material furnished\\nto a covered institution employee as an integral part of a training\\nsession, if such training contributes to the professional development of\\nthe covered institution employee.\\n c. Nothing in this article shall be construed to affect the private\\nphilanthropic activities of banks or other lending institutions that are\\nunrelated to educational loans.\\n 6. \"High risk loans\" shall mean any agreement between a lending\\ninstitution and a covered institution that provides for the lending\\ninstitution to provide loans to students with a poor or no credit\\nhistory, who would otherwise not be eligible for educational loans.\\n 7. \"Higher education expenses\" shall include the following:\\n a. tuition and fees;\\n b. costs incurred for books, supplies, transportation, and\\nmiscellaneous personal expenses; and\\n c. room and board costs.\\n 8. \"Lending institution\" shall mean:\\n a. any entity that itself or through an affiliate makes educational\\nloans to pay for or finance higher education expenses or that\\nsecuritizes such loans;\\n b. any entity, or association of entities, that guarantees educational\\nloans; or\\n c. any industry, trade or professional association or other entity\\nthat receives money, related to educational loan activities, from any\\nentity described above in paragraphs a and b of this subdivision.\\n 9. \"Preferred lender list\" shall mean a list of one or more\\nrecommended or suggested lending institutions that a covered institution\\nmakes available for use, in print or any other medium or form, by\\nborrowers, potential borrowers or others.\\n 10. \"Revenue sharing\" shall mean any arrangement whereby a lending\\ninstitution pays a covered institution or an affiliated entity or\\norganization of such covered institution a percentage of the principal\\nof each loan directed towards the lending institution from a borrower at\\nthe covered institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "621", "title" : "Prohibition of gifts made by lending institutions to covered institutions and their employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "621", "activeDate" : "2014-09-22", "sequenceNo" : 439, "repealedDate" : null, "fromSection" : "621", "toSection" : "621", "text" : " § 621. Prohibition of gifts made by lending institutions to covered\\ninstitutions and their employees. 1. A lending institution may not,\\ndirectly or indirectly, offer or provide any gift to a covered\\ninstitution or a covered institution employee, in exchange for any\\nadvantage or consideration provided to such lending institution related\\nto its educational loan activities.\\n 2. A lending institution may not engage in revenue sharing with a\\ncovered institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "622", "title" : "Prohibition of receipt of gifts by covered institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "622", "activeDate" : "2014-09-22", "sequenceNo" : 440, "repealedDate" : null, "fromSection" : "622", "toSection" : "622", "text" : " § 622. Prohibition of receipt of gifts by covered institutions. 1. A\\ncovered institution may not, directly or indirectly, solicit, accept or\\nreceive any gift from or on behalf of a lending institution, in exchange\\nfor any advantage or consideration provided to such lending institution\\nrelated to its educational loan activities.\\n 2. A covered institution may not engage in revenue sharing with a\\nlending institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "623", "title" : "Prohibition of receipt of gifts by covered institution employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "623", "activeDate" : "2014-09-22", "sequenceNo" : 441, "repealedDate" : null, "fromSection" : "623", "toSection" : "623", "text" : " § 623. Prohibition of receipt of gifts by covered institution\\nemployees. 1. A covered institution shall require that no covered\\ninstitution employee on his or her own behalf or on behalf of another,\\ndirectly or indirectly, solicits, accepts or receives any gift from or\\non behalf of a lending institution. Nothing in this section shall be\\nconstrued as prohibiting a covered institution employee from conducting\\nbusiness with a lending institution, provided that such business is\\nunrelated in any manner whatsoever to a covered institution.\\n 2. A covered institution employee, on his or her own behalf or on\\nbehalf of another, shall not directly or indirectly solicit, accept or\\nreceive any gift from or on behalf of a lending institution. Nothing in\\nthis section shall be construed as prohibiting a covered institution\\nemployee from conducting business with any lending institution, provided\\nthat such business is unrelated in any manner whatsoever with the\\ncovered institution.\\n 3. Covered institution employees shall report to the department any\\ninstance of a lending institution attempting to give a gift to such\\ncovered institution employees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "624", "title" : "Covered institution employee prohibitions and reporting requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "624", "activeDate" : "2014-09-22", "sequenceNo" : 442, "repealedDate" : null, "fromSection" : "624", "toSection" : "624", "text" : " § 624. Covered institution employee prohibitions and reporting\\nrequirements. 1. A lending institution shall require that no covered\\ninstitution employee receives any remuneration for serving as a member\\nor participant of an advisory board of a lending institution or receives\\nany reimbursement of expenses for so serving.\\n 2. A covered institution shall require that no covered institution\\nemployee of such covered institution receives any remuneration for\\nserving as a member or participant of an advisory board of a lending\\ninstitution or receives any reimbursement of expenses for so serving.\\n 3. Nothing in this section shall be construed as prohibiting:\\n a. a covered institution employee's participation on an advisory board\\nof a lending institution that is unrelated in any manner whatsoever to\\neducational loans; or\\n b. a covered institution employee, who does not have a direct interest\\nin or does not benefit from the functions of the covered institution's\\nfinancial aid office, from serving on a board of directors of a publicly\\ntraded or privately held company.\\n 4. Covered institution employees who are directly involved with or\\nbenefit from the functions of the covered institution's financial aid\\noffice shall be required to report to the department, in a form and\\nmanner prescribed by the department, all participation or financial\\ninterests related to any lending institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "625", "title" : "Misleading identification of lending institutions' employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "625", "activeDate" : "2014-09-22", "sequenceNo" : 443, "repealedDate" : null, "fromSection" : "625", "toSection" : "625", "text" : " § 625. Misleading identification of lending institutions' employees.\\n1. A lending institution shall require that no employee or agent of\\nsuch lending institution is identified to borrowers or potential\\nborrowers of a covered institution as an employee, representative or\\nagent of such covered institution.\\n 2. A covered institution shall require that no employee or agent of a\\nlending institution is identified to borrowers or potential borrowers of\\nsuch covered institution as an employee, representative or agent of such\\ncovered institution.\\n 3. No employee, representative or agent of a lending institution may\\nstaff a covered institution's financial aid offices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "626", "title" : "Loan disclosure and prohibition of quid pro quo high risk loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "626", "activeDate" : "2014-09-22", "sequenceNo" : 444, "repealedDate" : null, "fromSection" : "626", "toSection" : "626", "text" : " § 626. Loan disclosure and prohibition of quid pro quo high risk\\nloans. 1. Should a borrower or potential borrower consult a covered\\ninstitution's financial aid office in connection with obtaining an\\neducational loan to pay for or finance higher education expenses, the\\ncovered institution shall inform the borrower or potential borrower of\\nall available financing options under Title IV of the Federal Higher\\nEducation Act of nineteen hundred sixty-five, as amended, including\\ninformation on any terms and conditions of available loans under such\\ntitle that are more favorable to the borrower, before a lending\\ninstitution may provide a private educational loan to a borrower\\nattending a covered institution.\\n 2. A lending institution shall not enter into an agreement or\\notherwise provide any high risk loans, in exchange for the covered\\ninstitution providing concessions or promises to the lending institution\\nthat may prejudice other borrowers or potential borrowers.\\n 3. A covered institution shall not enter into an agreement or\\notherwise provide any high risk loans, in exchange for the covered\\ninstitution providing concessions or promises to the lending institution\\nthat may prejudice other borrowers or potential borrowers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "627", "title" : "Standards for preferred lender lists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "627", "activeDate" : "2014-09-22", "sequenceNo" : 445, "repealedDate" : null, "fromSection" : "627", "toSection" : "627", "text" : " § 627. Standards for preferred lender lists. A covered institution\\nthat provides or makes available a preferred lender list must comply\\nwith the following standards:\\n 1. A preferred lender list must disclose the process by which the\\ncovered institution selected lending institutions for such preferred\\nlender list, including, but not limited to, the method and criteria used\\nto choose the lending institutions and the relative importance of those\\ncriteria;\\n 2. A preferred lender list must state in the same font size and same\\nmanner as the predominant text on the document that borrowers have the\\nright and ability to select the education loan provider of their choice,\\nare not required to use any of the lenders on such preferred lender\\nlist, and will suffer no penalty for choosing a lender that is not on\\nsuch preferred lender list;\\n 3. The covered institution's decision to include a lending institution\\non any preferred lender list and the covered institution's decision as\\nto where on the preferred lender list the lending institution's name\\nappears shall be determined solely by consideration of the best\\ninterests of the borrowers who may use such preferred lender list\\nwithout regard to the pecuniary interests of the covered institution;\\n 4. The contents of any preferred lender list shall be reviewed and\\nupdated no less than annually;\\n 5. No lending institution shall be placed on a preferred lender list\\nunless such lending institution provides assurance to the covered\\ninstitution and to borrowers who take out loans from such lending\\ninstitution that the advertised benefits upon repayment will continue to\\ninure to the benefit of borrowers regardless of whether the lending\\ninstitution's loans are sold;\\n 6. No lending institution that, to the covered institution's knowledge\\nafter reasonable inquiry, has an agreement to sell its loans to another\\nunaffiliated lending institution shall be included on a preferred lender\\nlist unless such agreement is disclosed therein in the same font size\\nand same manner as the predominant text on the document in which the\\npreferred lender list appears;\\n 7. No lending institution shall be placed on a covered institution's\\npreferred lender lists or in favored placement on a covered\\ninstitution's preferred lender lists for a particular type of loan, in\\nexchange for benefits provided to the covered institution or to the\\ncovered institution's students in connection with a different type of\\nloan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "628", "title" : "Proper execution of master promissory notes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "628", "activeDate" : "2014-09-22", "sequenceNo" : 446, "repealedDate" : null, "fromSection" : "628", "toSection" : "628", "text" : " § 628. Proper execution of master promissory notes. A covered\\ninstitution shall not direct in any manner whatsoever potential\\nborrowers to any electronic master promissory notes or other loan\\nagreements that do not provide a reasonable and convenient alternative\\nfor the borrower to complete a master promissory note with any federally\\napproved lending institution offering the relevant loan in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "629", "title" : "Disclosures at request of covered institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "629", "activeDate" : "2014-09-22", "sequenceNo" : 447, "repealedDate" : null, "fromSection" : "629", "toSection" : "629", "text" : " § 629. Disclosures at request of covered institutions. Except for\\neducational loans made, insured, or guaranteed by the federal\\ngovernment, upon the request of any covered institution, a lending\\ninstitution shall disclose to such covered institution, in reasonable\\ndetail and form, the historic default rates of the borrowers from such\\ncovered institution, and the rates of interest charged to borrowers from\\nsuch covered institution in the year preceding the disclosures and the\\nnumber of borrowers obtaining each rate of interest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "630", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "630", "activeDate" : "2014-09-22", "sequenceNo" : 448, "repealedDate" : null, "fromSection" : "630", "toSection" : "630", "text" : " § 630. Penalties. 1. If after providing notice and an opportunity for\\na hearing the department determines that a covered institution or\\nlending institution has violated any terms or provisions of this\\narticle, then the covered institution or lending institution may be\\nliable for a civil penalty. Regardless of the department's determination\\nthat a covered institution or lending institution is liable for a single\\nviolation or a series of violations under this article, the maximum\\npenalty shall not exceed fifty thousand dollars. In taking action\\nagainst a covered institution or lending institution, consideration\\nshall be given to the nature and severity of violations of this article.\\n 2. If after providing notice and an opportunity for a hearing the\\ndepartment determines that a covered institution employee has violated\\nany terms or provisions of this article, then the covered institution\\nemployee may be liable for a civil penalty. Regardless of the\\ndepartment's determination that a covered institution employee is liable\\nfor a single violation or a series of violations under this article, the\\nmaximum penalty shall not exceed seven thousand five hundred dollars. In\\ntaking action against a covered institution employee, consideration\\nshall be given to the nature and severity of violations of this article.\\n 3. If after providing notice and an opportunity for a hearing the\\ndepartment determines that a lending institution has violated a term or\\nprovision of this article, such lending institution shall not be placed\\nor remain on any covered institution's preferred lender list unless\\nnotice of such violation is provided to all potential borrowers of the\\ncovered institution.\\n 4. Nothing in this section shall prohibit the department from reaching\\na settlement agreement with a covered institution, covered institution\\nemployee or lending institution in order to effectuate the purposes of\\nthis section. Provided, however, if such settlement agreement is reached\\nwith a covered institution or lending institution, the department shall\\nprovide notice of such action to all potential borrowers in a form and\\nmanner prescribed by the department.\\n 5. The department shall deposit the funds generated from this section\\ninto the student lending education account, created by section\\nninety-seven-hhhh of the state finance law. Such funds shall be given to\\ncovered institutions upon application to the department for the purposes\\nof:\\n a. Educating borrowers and potential borrowers on the educational loan\\nprocess, including, but not limited to, available educational loan\\noptions, understanding rates and terms of student loans, managing costs\\nand credit responsibilities, student loan repayment and loan\\nconsolidation; and\\n b. Reimbursing borrowers from inflated educational loan prices caused\\nby revenue sharing agreements between such covered institution and a\\nlending institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "631", "title" : "Rules and regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "631", "activeDate" : "2014-09-22", "sequenceNo" : 449, "repealedDate" : null, "fromSection" : "631", "toSection" : "631", "text" : " § 631. Rules and regulations. The commissioner and the department\\nshall promulgate rules and regulations necessary for the implementation\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "632", "title" : "Non-exclusivity of rights or remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "632", "activeDate" : "2014-09-22", "sequenceNo" : 450, "repealedDate" : null, "fromSection" : "632", "toSection" : "632", "text" : " § 632. Non-exclusivity of rights or remedies. Nothing in this article\\nshall be construed to limit, in any manner, any rights or remedies\\notherwise available under law to any person or entity, including, but\\nnot limited to, the attorney general of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14", "title" : "New York State Higher Education Services Corporation", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-04-21", "2017-08-18", "2018-04-20", "2026-03-13" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 451, "repealedDate" : null, "fromSection" : "651", "toSection" : "694-B", "text" : " ARTICLE 14\\n NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION\\n PART I\\n CORPORATE STRUCTURE\\nSection 651. Definitions.\\n 652. New York state higher education services corporation;\\n purposes; board of trustees.\\n 653. Powers and duties of the board.\\n 654. President of the corporation.\\n 655. Powers and duties of the president.\\n 656. Contributions to corporation; tax deduction thereof.\\n 657. Tax exemption of corporation.\\n 658. Supervision by the superintendent of financial services.\\n 659. Audits.\\n 660. Expenditure of funds.\\n PART II\\n STUDENT FINANCIAL AID\\n SUBPART I\\n GENERAL PROVISIONS\\nSection 661. Eligibility requirements and conditions governing awards\\n and loans.\\n 662. Revocations.\\n 663. Income; a determinant of amount of awards.\\n 664. Concurrent awards.\\n 665. Payment.\\n 665-a. Institutional participation in award programs.\\n SUBPART II\\n GENERAL AWARDS\\nSection 666. Tuition awards for part-time undergraduate students.\\n 667. Tuition assistance program awards.\\n 667-a. Supplemental tuition assistance program.\\n 667-c. Part-time tuition assistance program awards.\\n 668. Regents awards for children of deceased and disabled\\n veterans.\\n 668-a. Regents awards for children of deceased police officers,\\n peace officers, firefighters and volunteer\\n firefighters.\\n 668-b. Memorial scholarships for children, spouses and\\n financial dependents of deceased firefighters,\\n volunteer firefighters, police officers, peace\\n officers, and emergency medical service workers.\\n 668-c. Awards for Vietnam veterans' children born with Spina\\n Bifida enrolled in approved undergraduate or graduate\\n programs at degree granting institutions.\\n 668-d. World trade center memorial scholarships.\\n 668-e. Military enhanced recognition, incentive and tribute\\n (\"MERIT\") scholarships.\\n 668-f. American Airlines flight 587 memorial scholarships.\\n 668-g. Continental Airlines flight 3407 memorial scholarships.\\n 669. Regents awards for children of deceased state correction\\n officers and state civilian employees of a correction\\n facility.\\n 669-a. Veterans tuition awards program.\\n 669-b. Recruitment incentive and retention program for members\\n of the New York state organized militia.\\n 669-c. Volunteer recruitment service scholarships.\\n 669-d. New York state math and science teaching incentive\\n program.\\n 669-e. New York state science, technology, engineering and\\n mathematics incentive program.\\n SUBPART III\\n ACADEMIC PERFORMANCE AWARDS\\nSection 670. Regents college scholarships.\\n 670-a. Empire state scholarships of excellence.\\n 670-b. Scholarships for academic excellence.\\n 671. Regents professional education in nursing scholarships.\\n 672. Regents professional education in medicine or dentistry\\n scholarships.\\n 672-a. Regents professional education in optometry\\n scholarships.\\n 672-b. Regents professional education in veterinary medicine\\n scholarships.\\n 673. Regents physician shortage scholarships.\\n 674. Regents veterans with war service scholarships.\\n 675. Empire state challenger scholarships for teachers.\\n 676. Empire state challenger fellowships for teachers.\\n 677. Regents physician loan forgiveness program.\\n 677-a. Physician loan repayment program.\\n 678. Regents health care professional opportunity\\n scholarships.\\n 679. Regents professional opportunity scholarships.\\n SUBPART IV\\n OTHER AWARDS\\nSection 679-a. New York state licensed social worker loan forgiveness\\n program.\\n 679-b. Primary care practitioner scholarship program.\\n 679-c. Senator Patricia K. McGee nursing faculty scholarship\\n program.\\n 679-d. New York state nursing faculty loan forgiveness\\n incentive program.\\n 679-e. New York state district attorney and indigent legal\\n services attorney loan forgiveness program.\\n 679-f. New York state young farmers loan forgiveness incentive\\n program.\\n PART III\\n STUDENT LOANS\\nSection 680. Powers and duties.\\n 681. Capacity of minors.\\n 681-a. Guaranteed student loans; special requirements.\\n 683-a Sale of student loan; notification to borrower.\\n 683-b. Information furnished by the state tax commission and\\n the comptroller.\\n PART IV\\n MISCELLANEOUS PROVISIONS\\nSection 686. Dissolution of corporation.\\n 687. Separability.\\n 688. Construction.\\n 689. Transfer of officers and employees.\\n 689-a. Tuition credits.\\n PART V\\n THE NEW YORK HIGHER EDUCATION LOAN PROGRAM\\nSection 690. Definitions.\\n 691. Powers and duties.\\n 692. Education loans; special requirements.\\n 693. Repayment of loans.\\n 694. Sale of education loans.\\n 694-a. Miscellaneous.\\n 694-b. Reporting.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P1", "title" : "Corporate Structure", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 452, "repealedDate" : null, "fromSection" : "651", "toSection" : "660", "text" : " PART I\\n CORPORATE STRUCTURE\\nSection 651. Definitions.\\n 652. New York state higher education services corporation;\\n purposes; board of trustees.\\n 652-a. Employees of the New York state higher education services\\n corporation; background checks.\\n 653. Powers and duties of the board.\\n 654. President of the corporation.\\n 655. Powers and duties of the president.\\n 656. Contributions to corporation; tax deduction thereof.\\n 657. Tax exemption of corporation.\\n 658. Supervision by the superintendent of financial services.\\n 659. Audits.\\n 660. Expenditure of funds.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "651", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "651", "activeDate" : "2014-09-22", "sequenceNo" : 453, "repealedDate" : null, "fromSection" : "651", "toSection" : "651", "text" : " § 651. Definitions. As used in this article, the following terms shall\\nhave the following meanings unless otherwise specified:\\n 1. \"Corporation\" shall mean the New York state higher education\\nservices corporation.\\n 2. \"Board\" shall mean the board of trustees of the New York state\\nhigher education services corporation.\\n 3. \"President\" shall mean the president of the corporation.\\n 4. \"College\", \"vocational institution\" and \"approved program\" shall\\nhave the same meanings as defined in article thirteen.\\n 5. \"Academic year\" shall mean the regular school year beginning July\\nfirst and ending June thirtieth.\\n 6. \"Federal student aid programs\" shall mean the programs of the\\nUnited States government making financial aid available to pay for the\\ncost of attending post-secondary institutions and established under\\nTitle IV of the Higher Education Act of nineteen hundred sixty-five, as\\namended, or any successor statute.\\n 7. \"Lend\" shall include one or more of the following services: the\\norigination, disbursement, servicing, and/or collection of any student\\nor parent education loan made by or on behalf of a lending institution a\\ngovernment entity, or an institution of higher education for the purpose\\nof paying for higher education expenses as well as serving as a\\nsecondary market for these loans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "652", "title" : "New York state higher education services corporation; purposes; board of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "652", "activeDate" : "2014-09-22", "sequenceNo" : 454, "repealedDate" : null, "fromSection" : "652", "toSection" : "652", "text" : " § 652. New York state higher education services corporation; purposes;\\nboard of trustees. 1. There is hereby created in the State Education\\nDepartment and within the University of the State of New York as\\nestablished under the Board of Regents, an educational corporation to be\\nknown as the New York State Higher Education Services Corporation.\\n 2. The purposes of such corporation shall be:\\n a. To improve the post-secondary educational opportunities of eligible\\nstudents through the centralized administration of New York state\\nfinancial aid and loan programs;\\n b. To coordinate the state's administrative effort in student\\nfinancial aid and loan programs with those of other levels of\\ngovernment;\\n c. To support the administration by the federal government, other\\nstates, and institutions of post-secondary education of the federal\\nstudent aid programs established under Title IV of the Higher Education\\nAct of nineteen hundred sixty-five, as amended, or any successor\\nstatute.\\n 3. The corporation shall be governed and all of its corporate powers\\nexercised by a board of trustees which shall consist of fifteen members,\\nnine of whom shall be appointed by the governor with the advice and\\nconsent of the senate. The members not requiring the advice and consent\\nof the senate shall be the commissioner of education, the chancellor of\\nthe state university, the chancellor of the city university of the city\\nof New York, and three students. One such student shall be the president\\nof the student assembly of the state university of New York, one such\\nstudent shall be the chair of the united student senate of city\\nuniversity of New York, and one such student shall be a student\\nregistered in a full time course of study at a state university\\ncommunity college. In the event a student who shall be a member by\\nreason of his or her office in a student organization shall fail to\\nqualify, the student who holds the next highest office in the\\norganization shall be the member of the board.\\n 4. All members shall be at least eighteen years of age, citizens of\\nthe United States and residents of the state. The appointed members\\nshall consist of two representatives of banking institutions within the\\nstate, two such members shall be the presidents of independent\\ninstitutions of higher education within the state, one such member shall\\nbe a president or chief executive officer of a school licensed or\\nregistered pursuant to section five thousand one of this chapter, one\\nsuch member shall be a financial aid officer at a higher education\\ninstitution in New York, one such member shall be a president or chief\\nexecutive officer of a degree granting proprietary college located\\nwithin the state, one such member shall be a student currently\\nregistered and in full time attendance at a degree granting independent\\ninstitution of higher education in New York, and one shall be\\nrepresentative of the public.\\n 5. The appointed members shall serve for terms of six years each and\\nshall be eligible for reappointment to successive terms; provided,\\nhowever, that the student representative of the state university\\ncommunity colleges shall serve for a term of one year.\\n 6. The board of trustees shall elect, from among its appointed\\nmembers, a chairman and vice-chairman who shall serve in such offices\\nfor terms of one year and who shall be eligible for reelection for\\nsuccessive terms. Vacancies shall be filled for the unexpired term in\\nthe same manner as original appointments. Trustees, including the\\nchairman and vice-chairman, shall receive no compensation for their\\nservices but shall be reimbursed for their expenses actually and\\nnecessarily incurred by them in the performance of their duties under\\nthis article.\\n 7. a. The board of trustees shall provide for the holding of regular\\nmeetings and such special meetings at the call of the chairman, as may\\nbe necessary. A majority of the trustees shall constitute a quorum for\\nthe transaction of any business and the act of the majority of the\\ntrustees present at any meeting shall be deemed the act of the board.\\n b. The agenda for any such meeting of the board of trustees shall be\\navailable electronically on the higher education services corporation\\nwebsite three days prior to the meetings and shall be considered a\\npublic record. The attendance, minutes, voting record, and either\\ntranscripts or video record, for any such meeting of the board of\\ntrustees shall be electronically available on the higher education\\nservices corporation website no later than seven days after the meeting\\nand shall be considered public records. Information posted on the higher\\neducation services corporation website regarding board of trustee\\nmeetings shall remain on the site as archived data for a minimum of ten\\nyears.\\n c. Any such meeting of the board of trustees shall be conducted in\\naccordance with article seven of the public officers law.\\n 8. The commissioner of education, the chancellor of the state\\nuniversity and the chancellor of the city university each may, by\\nofficial authority filed in his or her respective department or\\nuniversity, and with the secretary of the board, designate an officer of\\nhis or her respective department or university to represent and exercise\\nall the powers of such commissioner or chancellor as the case may be at\\nall meetings of the board from which such commissioner or chancellor may\\nbe absent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "652-A", "title" : "Employees of the New York state higher education services corporation; background checks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "652-A", "activeDate" : "2014-09-22", "sequenceNo" : 455, "repealedDate" : null, "fromSection" : "652-A", "toSection" : "652-A", "text" : " § 652-a. Employees of the New York state higher education services\\ncorporation; background checks. 1. Current and prospective employees of\\nthe corporation shall be subject to background and security clearance\\ninvestigations required in the ordinary course of the corporation's\\nbusiness if background and security clearance are necessary for employee\\nparticipation or proposed participation in the administration of federal\\nstudent loans or other federal programs under the federal direct loan\\nprogram.\\n 2. Such background or security clearance investigation shall be\\nperformed by the corporation or on behalf of the corporation by a state\\nor federal government agency authorized to perform such investigations.\\nThe corporation shall be authorized to request and receive from the\\ndivision of criminal justice services or federal government agency\\nhaving facilities for performing such services: security clearance\\ninformation, including criminal background and credit information for\\ncorporation employees, New York state employees seeking transfer to the\\ncorporation under section seventy of the civil service law, New York\\nstate employees seeking hire at the corporation who are on a preferred\\nlist subject to section eighty-one of the civil service law, or New York\\nstate employees seeking hire at the corporation through their place on\\nan eligible list as defined in section fifty-six of the civil service\\nlaw and who have successfully completed a promotional exam subject to\\nsection fifty-two of the civil service law if such security information\\nis necessary for the employees to be in compliance with the\\nadministration of federal student loans or other federal programs under\\nthe federal direct loan program. The corporation shall inform subjects\\nof background and security clearance investigations of the factors to be\\nconsidered in the evaluation of the criminal background information and\\ncredit information obtained.\\n 3. If an employee or prospective employee needs background and\\nsecurity clearance in order to be compliant with the administration of\\nfederal student loans or other federal programs under the federal direct\\nloan program, the corporation shall be authorized to require such an\\nemployee or prospective employee to submit to the corporation or other\\nstate or federal government agency authorized to perform such\\ninvestigations identifying information, which shall include\\nfingerprints, personal information, or other authorizations, required by\\nthe corporation or the division of criminal justice services or federal\\ngovernment agency authorized to perform such investigations. The\\nfingerprints so obtained shall be forthwith forwarded to the division of\\ncriminal justice services for a state criminal history record check, and\\nthe federal bureau of investigation or other federal government agency\\nhaving facilities for conducting a national criminal history record\\ncheck, for the purposes of determining whether or not criminal charges\\nare pending against the employee or prospective employee or whether or\\nnot the employee or prospective employee had previously been convicted\\nof a crime, and such agency shall report a finding of such pending\\ncharges and previous convictions, if any, to the corporation in writing\\nor by electronic means or any other method agreed upon by the\\ncorporation and the agency. All such criminal history records or other\\nbackground information received by the corporation shall be confidential\\npursuant to applicable federal and state laws, rules and regulations,\\nand shall not be published or in any way disclosed except to those\\nemployees of the corporation responsible for evaluating the information\\nobtained or upon the request of federal officials responsible for\\nadministration of a federal student loan program. All determinations\\nmade pursuant to this section shall be in accordance with the provisions\\nof subdivision sixteen of section two hundred ninety-six of the\\nexecutive law and article twenty-three-A of the correction law unless\\nsuch provisions are in direct conflict with federal law or federal loan\\nprogram requirements. The corporation shall provide the subject of the\\ncriminal history check or checks with a copy of any criminal history\\nrecord together with a copy of article twenty-three-A of the correction\\nlaw and inform such applicant of his or her right to seek correction of\\nany incorrect information contained in such record. The subject shall\\nhave the right to seek correction of any incorrect information contained\\nin such records pursuant to applicable state and federal laws and\\nregulations. The corporation shall be responsible for any fees\\nassociated with background and security checks required by this section\\nfor current employees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "653", "title" : "Powers and duties of the board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "653", "activeDate" : "2014-09-22", "sequenceNo" : 456, "repealedDate" : null, "fromSection" : "653", "toSection" : "653", "text" : " § 653. Powers and duties of the board. In furtherance of the purposes\\nset forth in this article, the board of trustees shall have the\\nfollowing powers and duties:\\n 1. To take, hold and preserve, on behalf of the corporation all moneys\\nappropriated to the corporation or otherwise available to it.\\n 2. a. To submit to the governor, the temporary president of the\\nsenate, the speaker of the assembly, the senate finance committee, the\\nassembly ways and means committee and the standing committees of the\\nlegislature having jurisdiction of higher education, at such times as\\nthe director of the budget may prescribe a student aid and loan budget\\nrequest for the following state fiscal year. The budget request shall\\ninclude, but not be limited to estimates of the number and\\ncharacteristics of students eligible for aid and loans, other than\\neducation loans made under the New York higher education loan program\\npursuant to part V of this article which budget request shall be\\ndeveloped by the president after consultation with the board of regents\\nin order to implement the student financial aid and loan programs, other\\nthan education loans made under the New York higher education loan\\nprogram pursuant to part V of this article provided for in this article.\\nNotwithstanding, the budget request shall also include an estimate of\\nthe amounts needed for state operations within the New York higher\\neducation loan program account for purposes of the New York higher\\neducation loan program established pursuant to part V of this article. A\\ncopy of the budget request shall be transmitted to the commissioner for\\nhis information. The budget request submitted by the board shall be\\nsubject to approval annually as part of the executive budget.\\n b. At the time and in the format prescribed by the Director of the\\nBudget, the Board shall submit to the Division of the Budget an\\nadministrative and operating budget request. This budget request shall\\nbe subject to approval annually as part of the executive budget.\\n c. In order further to assure the payment by the corporation to\\nlending institutions for defaulted loans, other than education loans\\nmade under the New York higher education loan program pursuant to part V\\nof this article in the respective amounts as guaranteed by the\\ncorporation pursuant to contract, there shall be annually apportioned\\nand paid to the corporation such estimated amount, if any, as shall be\\ncertified by the board to the governor and director of the budget as\\nnecessary to provide for the payment of all such defaults for the next\\nensuing state fiscal year. The board shall, as part of its annual budget\\nrequest, make and deliver to the governor and director of the budget,\\nits certificate stating the estimated amount, if any, required to pay\\nsuch defaults for the ensuing state fiscal year, if any, and said sums\\nshall be apportioned and paid to the corporation during such fiscal\\nyear.\\n 3. To submit on or before November first of each calendar year an\\nannual report to the board of regents, the governor, the temporary\\npresident of the senate, the speaker of the assembly, the senate finance\\ncommittee, the assembly ways and means committee and the standing\\ncommittees of the legislature having jurisdiction of higher education.\\n 4. To sue and be sued in the name of the corporation provided,\\nhowever, a claim for money damages against the corporation, except where\\nsuch claim is based on an alleged guarantee made by the corporation\\nunder the federal guaranteed student loan programs or is for interest or\\nother subsidies payable by the federal government under such programs,\\nshall be made solely under and pursuant to the provisions of the court\\nof claims act including but not limited to service thereunder upon the\\nattorney general. Except in the case where the provisions of the court\\nof claims act apply, process in any action or proceeding may be served\\nupon the secretary of state as agent for the corporation, in the manner\\nprovided by section three hundred six of the business corporation law.\\nProvided, however, notwithstanding any inconsistent provision of law,\\nthe venue of an action brought by or on behalf of the corporation on any\\nloan made or guaranteed by it which is in default, may be laid in Albany\\ncounty or any other county otherwise permitted by law and in any action\\nbrought against the corporation the venue shall be laid in the county of\\nAlbany. Provided further however, that in an action brought by or on\\nbehalf of the corporation on any loan made or guaranteed by it which is\\nin default, a defendant shall be entitled, upon motion made in the\\ncounty in which venue has been laid and upon a showing of facts\\nsufficient to require a trial of any issue of fact, to a change of venue\\nto any other county permitted by law.\\n 5. To procure a policy or policies of group life insurance to insure\\nthe repayment of loans made or guaranteed by the corporation in the\\nevent of the death of an individual to whom a loan is made or guaranteed\\nhereunder.\\n 6. To appoint an advisory council to consist of three student\\nfinancial aid officers from public institutions of higher education,\\nthree student financial aid officers from private institutions of higher\\neducation, three representatives of banking institutions within the\\nstate, and four students, one of whom shall be a student registered in a\\nfull time course of study at an institution of the state university, one\\nof whom shall be a student registered in a full time course of study at\\nan institution of the city university of the city of New York, one of\\nwhom shall be a student registered in a full time course of study at an\\nindependent institution of higher education within the state, and one of\\nwhom shall be a student registered in a full time course of study at a\\ncommunity college located outside of the city of New York, to assist the\\ncorporation on a regular basis in carrying out its purposes. The four\\nstudent members shall be appointed after consultation with and\\nrecommendations from appropriate student organizations. Appointments\\nshall be for a period of three years, except that of the student members\\nwhich shall be for one year, and except that of the members first\\nappointed from public institutions of higher education and of the\\nmembers first appointed from private institutions of higher learning and\\nof the members first appointed from banking institutions, respectively,\\none shall be appointed for a term of one year beginning July first,\\nnineteen hundred seventy-five and ending June thirtieth, nineteen\\nhundred seventy-six, one shall be appointed for a term of two years\\nbeginning July first, nineteen hundred seventy-five and ending June\\nthirtieth, nineteen hundred seventy-seven and one shall be appointed for\\na term of three years beginning July first, nineteen hundred\\nseventy-five and ending June thirtieth, nineteen hundred seventy-eight.\\nAny members whose employment or student status ceases to conform to the\\nabove requirements shall be required to resign. Vacancies shall be\\nfilled for the unexpired term in the same manner as original\\nappointments.\\n 7. To prescribe, with the approval of the comptroller, a system of\\naccounts.\\n 8. To take, hold and administer, on behalf of the corporation and for\\nany of its purposes, real property, personal property and moneys, or any\\ninterest therein, and the income therefrom, either absolutely or in\\ntrust, for any purpose of the corporation. The board may acquire\\nproperty or moneys for such purpose by purchase or lease in accordance\\nwith the requirements of article eleven of the state finance law and by\\nthe acceptance of gifts, grants, bequests, devises or loans; provided,\\nhowever, that no obligation of the corporation shall be a debt of the\\nstate.\\n 9. To perform such other acts as may be necessary or appropriate to\\ncarry out the objects and purposes of the corporation as specified in\\nthis article including promulgation of rules and regulations, which\\nshall be filed in accordance with section one hundred one-a of the\\nexecutive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "654", "title" : "President of the corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "654", "activeDate" : "2014-09-22", "sequenceNo" : 457, "repealedDate" : null, "fromSection" : "654", "toSection" : "654", "text" : " § 654. President of the corporation. 1. The governor shall appoint,\\nwith the advice and consent of the senate, the president of the\\ncorporation. The president shall be the chief executive officer of the\\ncorporation and shall serve at the pleasure of the governor.\\n 2. Any vacancy shall be filled for the unexpired term in the same\\nmanner as the original appointment.\\n 3. The salary of the president shall be fixed by the governor from\\nappropriations made to the corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "655", "title" : "Powers and duties of the president", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "655", "activeDate" : "2014-09-22", "sequenceNo" : 458, "repealedDate" : null, "fromSection" : "655", "toSection" : "655", "text" : " § 655. Powers and duties of the president. In administering the\\nprovisions of this article, the president shall have the following\\npowers and duties:\\n 1. To administer the student financial aid programs specified in this\\narticle.\\n 2. To receive from the commissioner the list of academic performance\\naward recipients in order of merit and to notify such recipients of\\ntheir status as part of their application for other general awards or\\nloans.\\n 3. To lend money and guarantee loans upon such terms and conditions\\nas the board may prescribe in accordance with the provisions of this\\narticle.\\n 4. To propose rules and regulations, subject to approval by the board\\nof trustees, governing the following:\\n a. Application for and the granting and administration of student aid\\nand loan programs, the repayment of loans or the guarantee of loans made\\nby the corporation; and administrative functions in support of state and\\nfederal student aid programs.\\n b. Other matters relating to the activities of the corporation,\\nincluding but not limited to the limitation, suspension or termination\\nof approval of aid, loan, or loan guarantee applications for students\\nattending or planning to attend colleges or vocational institutions\\nwhenever the board of regents has determined that such a college or\\nvocational institution no longer meets minimum certification\\nrequirements or the board of trustees has determined, after notice and\\naffording an opportunity for hearing, that such college or vocational\\ninstitution has violated or failed to carry out any regulation\\nprescribed under this article or adopted by the board of trustees\\npursuant to the powers granted in this article.\\n c. Procedures to be followed for submission of information by\\ncolleges or vocational institutions as may be necessary to provide for\\nany administrative function by such institutions participating in any\\nfederal or state student aid programs, including applications therefor\\nand repayment thereof, except that obligations of colleges shall be\\nlimited to the following requirements:\\n (i) those required by the federal student aid programs;\\n (ii) periodic reports on the status of student borrowers at the\\nparticular college;\\n (iii) interviews or other appropriate communications with student\\nborrowers at the time an application for a loan is certified or as soon\\nthereafter as feasible emphasizing the importance of the loan\\nobligation;\\n (iv) interviews or other appropriate communications with student\\nborrowers who are graduating or are known to be terminating their\\nenrollment emphasizing the importance of the loan obligation;\\n (v) providing the corporation, upon request, with the last known\\naddresses of borrowers who have graduated or otherwise left the college\\nand who are in default, including any change of address known to the\\ncollege after such request;\\n (vi) certification of student loans as frequently as is advisable and\\nfeasible, and as lenders will process them (on an annual, semester,\\nquarterly or other academic period basis), with such certification\\nlimited to those educational expenses approved under the federal student\\naid programs;\\n (vii) cooperation in whatever way is feasible and appropriate under\\ninstitutional regulations in advising defaulting borrowers of their loan\\nobligations.\\n 5. To establish, revise from time to time, charge and collect fees as\\nthe corporation shall determine, consistent with the applicable\\nprovisions of the New York state and federal student aid programs.\\n 6. To prepare and make available explanatory pamphlets concerning\\nstate aid and loan programs.\\n 7. To establish a comprehensive collection of information and\\nmaterials relative to public and private sources of higher education\\nfinancial assistance available to students and to the characteristics of\\nthe students who are the recipients of such assistance.\\n 8. To conduct financial aid program reviews of a post-secondary\\ninstitution's procedures and records with respect to: certification to\\nthe corporation of eligible students for purposes of tuition assistance\\nprogram and New York state sponsored student aid programs; compliance of\\nfinancial aid programs with the provisions of this article and the\\nrelevant portion of the regulations of the commissioner; disbursement of\\ntuition assistance program and other awards; and the capacity of\\ninstitutions to administer New York state and federal financial aid\\nprograms.\\n 9. To request and receive from any department, division, board,\\nbureau, commission or agency of the state or any subdivision thereof\\nsuch assistance and data as it deems necessary to properly carry out its\\npowers, duties and functions.\\n 10. To develop for the board of trustees a proposed budget for the\\nfollowing state fiscal year in such form as the board may require and in\\naccordance with the provisions of section six hundred fifty-three.\\n 11. To appoint such officers, employees and agents, as he may deem\\nnecessary, prescribe their duties, fix their compensation and provide\\nfor reimbursement of their expenses within amounts available therefor by\\nappropriation; subject, however, to the provisions of the civil service\\nlaw, which shall apply to the corporation in the same manner as such law\\napplies to a municipal corporation other than a city.\\n 12. To perform such other acts as may be necessary or appropriate to\\ncarry out effectively the general objects and purposes of the\\ncorporation, as specified in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "656", "title" : "Contributions to corporation; tax deduction thereof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "656", "activeDate" : "2014-09-22", "sequenceNo" : 459, "repealedDate" : null, "fromSection" : "656", "toSection" : "656", "text" : " § 656. Contributions to corporation; tax deduction thereof.\\nNotwithstanding the provisions of any general or special law all\\ndomestic corporations or associations organized for the purpose of\\ncarrying on business in this state, and any person, are hereby\\nauthorized to make contributions to the New York state higher education\\nservices corporation or to the New York higher education loan program\\nvariable rate default reserve fund, the New York higher education loan\\nprogram fixed rate default reserve fund, or the state of New York\\nmortgage agency higher education loan program default reserve fund, as\\napplicable and such contributions shall be allowed as deductions in\\ncomputing the net taxable income of any such person, corporation or\\nassociation for purposes of any income or franchise tax imposed by the\\nstate or any political subdivision thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "657", "title" : "Tax exemption of corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "657", "activeDate" : "2014-09-22", "sequenceNo" : 460, "repealedDate" : null, "fromSection" : "657", "toSection" : "657", "text" : " § 657. Tax exemption of corporation. 1. The property, income,\\nobligations and activities of the corporation shall be exempt from all\\ntaxes and assessments.\\n 2. The state of New York does hereby pledge to and agree with the\\nholders of the bonds, notes, or other obligations of the corporation\\npursuant to this article, or of the state of New York mortgage agency\\nauthorized in section two thousand four hundred six of the public\\nauthorities law for the corporate purposes authorized in section two\\nthousand four hundred five-a of the public authorities law, or of any\\nother state entity authorized to issue bonds or notes under the New York\\neducation loan program codified in part V of this article that are\\nissued for such purpose, and with the holders of such education loans,\\nthat the provisions of law applicable to the New York education loan\\nprogram variable rate default reserve fund, the New York education loan\\nprogram fixed rate default reserve fund, or the state of New York\\nmortgage agency New York education loan program default reserve fund, as\\napplicable, and to the powers of the corporation to receive and deposit\\nin each such fund the applicable amounts described therein shall not be\\namended in a manner adversely affecting the interests of such holders\\nwithout adequate provision being made to protect such interests and that\\nthe corporation shall not be required to pay any taxes or assessments\\nupon any of its property or upon its activities pursuant to the\\nprovisions of this article, or upon any moneys, funds, revenues or other\\nincome held or received by the corporation, and that the obligations and\\nnotes of the corporation and the income therefrom shall at all times be\\nexempt from taxation, except for estate and gift taxes and taxes on\\ntransfers. Each of the corporation, the state of New York mortgage\\nagency and any such other public benefit corporation, is authorized to\\ninclude this pledge and agreement of the state in any agreements with\\nthe holders of such bonds and with the holders of such education loans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "658", "title" : "Supervision by the superintendent of financial services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "658", "activeDate" : "2014-09-22", "sequenceNo" : 461, "repealedDate" : null, "fromSection" : "658", "toSection" : "658", "text" : " § 658. Supervision by the superintendent of financial services. The\\ncorporation in its administration of student loan programs shall be\\nsubject to the supervision and examination of the superintendent of\\nfinancial services, but shall not be deemed to be a banking organization\\nnor required to pay a fee for any such supervision or examination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "659", "title" : "Audits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "659", "activeDate" : "2014-09-22", "sequenceNo" : 462, "repealedDate" : null, "fromSection" : "659", "toSection" : "659", "text" : " § 659. Audits. Notwithstanding any other provision of this chapter,\\nthe state comptroller shall, from time to time but not less than once in\\nevery three years, examine the books and accounts of the New York state\\nhigher education services corporation created by this article, including\\nits receipts, disbursements, contracts, leases, investments and any\\nother matters relating to its financial standing. In lieu of such an\\nexamination, the state comptroller is hereby authorized to accept from\\nthe corporation an external examination of its books and accounts made\\nat the request of the corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "660", "title" : "Expenditure of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "660", "activeDate" : "2014-09-22", "sequenceNo" : 463, "repealedDate" : null, "fromSection" : "660", "toSection" : "660", "text" : " § 660. Expenditure of funds. All moneys appropriated for the\\nCorporation, or derived from other sources in the course of the\\nadministration thereof, shall be expended upon vouchers approved by the\\npresident as the chief administrative officer of the corporation, or by\\nsuch employees of the corporation as shall be designated by the\\npresident by a rule or written direction filed with the Comptroller,\\nwhen and in the manner authorized by the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P2", "title" : "Student Financial Aid", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 464, "repealedDate" : null, "fromSection" : "661", "toSection" : "679-F", "text" : " PART II\\n STUDENT FINANCIAL AID\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P2SP1", "title" : "General Provisions", "docType" : "SUBPART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 465, "repealedDate" : null, "fromSection" : "661", "toSection" : "665-A", "text" : " SUBPART I\\n GENERAL PROVISIONS\\nSection 661. Eligibility requirements and conditions governing awards\\n and loans.\\n 662. Revocations.\\n 663. Income; a determinant of amount of awards.\\n 664. Concurrent awards.\\n 665. Payment.\\n 665-a. Institutional participation in award programs.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "661", "title" : "Eligibility requirements and conditions governing awards and loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-07-05", "2019-07-19", "2022-04-15", "2022-12-16", "2025-12-12", "2026-03-13" ], "docLevelId" : "661", "activeDate" : "2014-09-22", "sequenceNo" : 466, "repealedDate" : null, "fromSection" : "661", "toSection" : "661", "text" : " § 661. Eligibility requirements and conditions governing awards and\\nloans. 1. Applicability. The eligibility requirements and conditions\\nestablished in this section shall apply to all general awards, academic\\nperformance awards and student loans other than education loans made\\npursuant to part V of this article.\\n 2. Application and recipient qualifications. At least annually and at\\nsuch times as the board shall establish, a student and, where\\napplicable, the parents and spouse of such student seeking aid or loans\\nunder the provisions of this article, shall submit to the corporation on\\nforms it shall establish such information as the board may require.\\n 3. Citizenship. An applicant (a) must be a citizen of the United\\nStates, or (b) must be an alien lawfully admitted for permanent\\nresidence in the United States, or (c) must be an individual of a class\\nof refugees paroled by the attorney general of the United States under\\nhis parole authority pertaining to the admission of aliens to the United\\nStates.\\n 4. Attendance in approved courses of study in approved institutions.\\nTo be eligible to receive payments from the president a student:\\n a. Must be matriculated in an approved program, as defined by the\\ncommissioner pursuant to article thirteen of this chapter, or pursuant\\nto paragraph b of this subdivision, in an institution situated in the\\nstate, which has been approved and operating in this state for at least\\none year, and has been approved for participation in federal student\\nfinancial aid programs authorized by Title IV of the Higher Education\\nAct of 1965, as amended. Nothing in this subdivision shall preclude\\npayment of an award to a recipient who receives instruction outside the\\nstate, which instruction is conducted by an institution situated in the\\nstate, and is part of the student's program of study at such\\ninstitution; provided, however, that nothing in this subdivision shall\\npreclude the receipt of a loan pursuant to section six hundred eighty of\\nthis article; provided, further, that students not attending\\ninstitutions eligible for participating in federal Title IV financial\\naid programs on or before July first, two thousand seven: (i) who\\nreceived their first award under this article before the two thousand\\nsix--two thousand seven academic year shall be eligible for payments\\nuntil the end of the two thousand nine--two thousand ten academic year;\\nor (ii) who received their first award under this article for the two\\nthousand six--two thousand seven academic year through and including the\\ntwo thousand nine--two thousand ten academic year shall be eligible for\\npayments until the end of the two thousand fourteen--two thousand\\nfifteen academic year.\\n b. Notwithstanding any other provision of law to the contrary and the\\nrules and regulations promulgated pursuant thereto, the president shall\\nmake tuition assistance program awards available to full-time resident\\nundergraduate students not currently eligible for awards under\\nsubdivision three of section six hundred sixty-seven of this part and\\nwho are attending an educational institution in this state that:\\n (i) is exempt from federal taxation under section 501(c)(3) of the\\nInternal Revenue Code; and\\n (ii) has its headquarters and main campus located within the state and\\nis eligible for funds under Title IV of the Higher Education Act of\\n1965, as amended; and\\n (iii) is accredited by an agency recognized by the United States\\nsecretary of education, or by a successor federal agency; and\\n (iv) enrollment in which institution would render the student eligible\\nto receive a federal Pell grant in accordance with section one thousand\\nseventy of title twenty of the United States code, et. seq. and the\\nregulations promulgated thereunder; and\\n (v) provides a program of instruction lasting at least three years,\\nfor which the student is enrolled.\\n b-1. Tuition assistance program awards that are made available to\\nstudents pursuant to paragraph b of this subdivision shall not be\\nawarded if an applicant:\\n (i) does not meet the citizenship requirements pursuant to subdivision\\nthree of this section;\\n (ii) does not meet the income requirements pursuant to section six\\nhundred sixty-three of this subpart;\\n (iii) does not maintain good academic standing pursuant to paragraph c\\nof subdivision six of section six hundred sixty-five of this subpart,\\nand if there is no applicable existing academic standards schedule\\npursuant to such subdivision, then such recipient shall be placed on the\\nacademic standards schedule applicable to students enrolled in a\\nfour-year or five-year undergraduate program;\\n (iv) is in default in the repayment of any state or federal student\\nloan, has failed to comply with the terms of any service condition\\nimposed by an academic performance award made pursuant to this article,\\nor has failed to make a refund of any award; or\\n (v) is incarcerated in any federal, state or other penal institution.\\n c. Must be in full-time attendance, as defined by the commissioner,\\nexcept as otherwise specifically provided in this article, and, for a\\nstudent having completed his or her second academic year, must have a\\ncumulative C average or its equivalent. The president may waive the\\nrequirement that the student have a cumulative C average or its\\nequivalent for undue hardship based on: (i) the death of a relative of\\nthe student; (ii) the personal injury or illness of the student; or\\n(iii) other extenuating circumstances; and\\n d. For students who first receive aid pursuant to this chapter in\\nacademic year nineteen hundred ninety-six--nineteen hundred ninety-seven\\nto academic year two thousand six--two thousand seven, must have a\\ncertificate of graduation from a school providing secondary education,\\nor the recognized equivalent of such certificate; or have achieved a\\npassing score, as determined by the United States secretary of\\neducation, on a federally approved examination which demonstrates that\\nthe student can benefit from the education being offered;\\n e. For students who first receive aid pursuant to this chapter in\\nacademic year two thousand six--two thousand seven, must have a\\ncertificate of graduation from a recognized school providing secondary\\neducation within the United States, or the recognized equivalent of such\\ncertificate, or have been admitted to such institution after receiving a\\npassing score on a federally approved ability to benefit test that has\\nbeen independently administered and evaluated, as provided by the\\ncommissioner;\\n f. For students who first receive aid pursuant to this chapter in\\nacademic year two thousand seven--two thousand eight or thereafter, must\\nhave (i) a certificate of graduation from a school providing secondary\\neducation from a state within the United States; or (ii) the recognized\\nequivalent of such certificate; or (iii) received a passing score on a\\nfederally approved ability to benefit test that has been identified by\\nthe board of regents as satisfying the eligibility requirements of this\\nsection and has been independently administered and evaluated as defined\\nby the commissioner;\\n g. For students who are disabled as defined by the Americans With\\nDisability Act of 1990, 42 USC 12101, the full-time attendance\\nrequirement is eliminated. Such disabled students may be in part-time\\nattendance, as defined by the commissioner in order to be eligible to\\nreceive payments from the president.\\n 5. Residence. a. Except as provided in subdivision two of section six\\nhundred seventy-four, an applicant for an award at the undergraduate\\nlevel of study must either (i) have been a legal resident of the state\\nfor at least one year immediately preceding the beginning of the\\nsemester, quarter or term of attendance for which application for\\nassistance is made, or (ii) be a legal resident of the state and have\\nbeen a legal resident during his last two semesters of high school\\neither prior to graduation, or prior to admission to college. Provided\\nfurther that persons shall be eligible to receive awards under section\\nsix hundred sixty-eight or section six hundred sixty-nine who are\\ncurrently legal residents of the state and are otherwise qualified.\\n b. An applicant for an award at the graduate level of study must\\neither (i) have been a legal resident of the state for at least one year\\nimmediately preceding the beginning of the semester, quarter or term of\\nattendance for which application for assistance is made, or (ii) be a\\nlegal resident of the state and have been a legal resident during his\\nlast academic year of undergraduate study and have continued to be a\\nlegal resident until matriculation in the graduate program.\\n c. A student, during any period for which he receives financial\\nsupport or assistance from a parent or stepparent, or is claimed by a\\nparent or stepparent as a dependent for income tax purposes shall, for\\nthe purposes of this article, be considered to reside at the residence\\nof such parent or stepparent, unless the student submits evidence\\nsatisfactory to the president that the student's residence is elsewhere.\\n d. If an applicant for an award allocated on a geographic basis has\\nmore than one residence in this state, his residence for the purpose of\\nthis article shall be his place of actual residence during the major\\npart of the year while attending school, as determined by the\\ncommissioner.\\n e. Notwithstanding any other provision of this article to the\\ncontrary, the New York state residency eligibility requirement for\\nreceipt of awards is waived for a member, or the spouse or dependent of\\na member, of the armed forces of the United States on full-time active\\nduty and stationed in this state.\\n 6. Restrictions. a. All general and academic performance awards shall\\nonly be used in the manner prescribed by the commissioner pursuant to\\narticle thirteen of this chapter, for the specific purpose for which the\\nawards are made, and no such awards shall be used to obtain professional\\ninstruction in theology.\\n b. A student who is in default on a student loan made under any\\nstatutory New York state or federal education loan program shall be\\nineligible to receive any award or loan pursuant to this article until\\nthe student cures the default status pursuant to applicable law and\\nregulation.\\n c. A student who has failed to comply with the terms of any service\\ncondition imposed by an award made pursuant to this article or has\\nfailed to repay an award made pursuant to this article, as required by\\nparagraph a of subdivision four of section six hundred sixty-five of\\nthis subpart, shall be ineligible to receive any award or loan pursuant\\nto this article so long as such failure to comply or repay continues.\\n d. No student who is incarcerated in any federal, state or other penal\\ninstitution shall be eligible for any general or academic performance\\naward made pursuant to this article.\\n 7. Awards of student financial aid. Whenever the corporation gives\\nwritten notification to a student of the amount of student financial aid\\nsuch student will receive under the provisions of this article, such\\nwritten notification shall be accepted by the institution as a deferment\\nagainst tuition charges pending the issuance of such moneys by the\\ncorporation, unless: (a) the institution has more current or accurate\\ninformation on file indicating the student will receive a different\\namount from that calculated by the corporation, in which event the\\ninstitution's calculated amount shall be accepted as a deferment against\\ntuition charges pending the issuance of such moneys by the corporation,\\nor\\n (b) the institution is waiting for corrections of financial aid forms\\nor income verification which the student has not yet completed, or\\nsupplied, in which case deferment will not take place until such time as\\nthe student has completed his or her responsibilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "662", "title" : "Revocations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "662", "activeDate" : "2014-09-22", "sequenceNo" : 467, "repealedDate" : null, "fromSection" : "662", "toSection" : "662", "text" : " § 662. Revocations. 1. If at any time the president determines that\\nthe recipient of an academic performance award has failed to comply with\\nthe regulations of the commissioner in respect to the use of such award,\\nor to observe the rules, regulations or conditions prescribed or imposed\\nby the institution attended, or that an award was made through error, or\\ncontrary to law, he may suspend or revoke such award. In the event of a\\nviolation of law he shall take such action as shall be required by such\\nlaw.\\n 2. Disposition of relinquished or revoked awards. An academic\\nperformance award relinquished by the holder or revoked by the president\\nshall be issued to the next alternate in the year in which such academic\\nperformance award was issued. However, an academic performance award\\nrelinquished by the holder or revoked after the holder was matriculated\\nshall not be reawarded, nor shall any academic performance award be\\nawarded or reawarded after the first semester, quarter or term of\\nattendance following the effective date of the academic performance\\naward series.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "663", "title" : "Income, a determinant of amount of awards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2019-11-15", "2020-11-13", "2022-04-22", "2023-04-07" ], "docLevelId" : "663", "activeDate" : "2014-09-22", "sequenceNo" : 468, "repealedDate" : null, "fromSection" : "663", "toSection" : "663", "text" : " § 663. Income, a determinant of amount of awards. 1. Income defined.\\nExcept as otherwise provided in this section, \"income\" shall be the\\ntotal of the combined net taxable income and income from pensions of New\\nYork state, local governments, the federal government and any private\\nemployer of the applicant, the applicant's spouse, and the applicant's\\nparents, including any pension and annuity income excluded for purposes\\nof taxation pursuant to paragraph three-a of subsection (c) of section\\nsix hundred twelve of the tax law, as reported in New York state income\\ntax returns for the calendar year next preceding the beginning of the\\nschool year for which application for assistance is made, except that\\nany amount received by an applicant as a scholarship at an educational\\ninstitution or as a fellowship grant, including the value of contributed\\nservices and accommodations, shall not be included within the definition\\nof \"income\" for the purposes of this article. The term \"parent\" shall\\ninclude birth parents, stepparents, adoptive parents and the spouse of\\nan adoptive parent. Income, if not a whole dollar amount, shall be\\nassumed to be equal to the next lowest whole dollar amount. Any change\\nin the status of an applicant with regard to the persons responsible for\\nthe applicant's support occurring after the beginning of any semester\\nshall not be considered to change the applicant's award for that\\nsemester.\\n 2. Separation of parents. If the parents of an applicant are living\\napart, the income of the applicant shall be based upon the income of\\nthat parent with whom the applicant is living; or who exercises custody\\nif the applicant is a minor, or would exercise custody if the applicant\\nwere a minor, and any appropriate payments for the support of the\\napplicant from the other parent.\\n 3. Exclusion of parental income in the determination of the amount of\\nan award. a. In determining the amount of an award for students, the\\nincome of the parents shall be excluded if the student has been\\nemancipated from his parents.\\n b. A student shall be considered emancipated if:\\n (1) The applicant is a student who was married on or before December\\nthirty-first of the calendar year prior to the beginning of the academic\\nyear for which application is made or is an undergraduate student who\\nhas reached the age of twenty-two on or before June thirtieth prior to\\nthe academic year for which application is made and who, during the\\ncalendar year next preceding the semester, quarter or term of attendance\\nfor which application is made and at all times subsequent thereto up to\\nand including the entire period for which application is made:\\n (i) has not resided and will not reside with his or her parents for\\nmore than six weeks; and\\n (ii) has not and will not receive financial assistance or support\\nvalued in excess of seven hundred fifty dollars from his or her parents;\\nand\\n (iii) has not and will not be claimed as a dependent by either parent\\nfor purposes of either federal or state income tax; or\\n (2) The applicant has reached the age of thirty-five on or before June\\nthirtieth prior to the academic year for which application is made; or\\n (3) The applicant was enlisted in full time active military service in\\nthe armed forces of the United States and has been honorably discharged\\nfrom such service, provided, however, that the applicant has not and\\nwill not be claimed as a dependent by either parent for purposes of\\neither federal or state income tax.\\n c. In making a determination of where a student resides for the\\npurposes of item (i) of subparagraph one hereof, the president may\\nconsider such criteria as he deems appropriate. Residence by the student\\nin an apartment, building, or other premises owned by a parent shall be\\nconsidered residence with that parent, for the purposes of this section,\\neven if the student makes payment therefor in the form of rent or other\\nconsiderations.\\n d. Any undergraduate student who was allowed to exclude parental\\nincome pursuant to the provisions of subdivision three of section six\\nhundred three of this chapter as they existed prior to July first,\\nnineteen hundred seventy-four may continue to exclude such income for so\\nlong as he continues to comply with such provisions.\\n e. In making a determination of whether a student has been claimed by\\na parent as a dependent for purpose of either federal or state income\\ntax, the president may require the student to submit a copy of that\\nportion of the parents' federal income tax return which includes the\\nparents' signature and the list of claimed dependents.\\n 4. Relinquishing of parental control. In determining the amount of an\\naward, the president may, in cases of unusual and exceptional family\\ncircumstances warranting such action, recognize an existing condition\\nwherein parental control has in effect been relinquished by the parents\\nor others responsible for the applicant, and notwithstanding the\\nprovisions of subdivision three of this section, the applicant has in\\neffect been emancipated. Provided, however, that students who have\\nqualified as an orphan, foster child, or ward of the court for the\\npurposes of federal student financial aid programs authorized by Title\\nIV of the Higher Education Act of 1965, as amended, shall not be\\nconsidered emancipated for the purposes of determining an award pursuant\\nto section six hundred sixty-seven of this article. The criteria used in\\ndetermining these cases of unusual and exceptional family circumstances\\nshall be established by the president with the approval of the board of\\ntrustees and the director of the division of the budget.\\n 5. Adjustments of income. In the determination of income for purposes\\nof paragraphs a and b of subdivision three of section six hundred\\nsixty-seven of this part if, during the academic year in which the\\napplicant will receive an award, one of either the parents of the\\napplicant or other dependent child of such parents, the spouse of the\\napplicant, or one or more dependent children of the applicant, in\\naddition to the applicant, will be in full-time attendance in an\\napproved program, the combined net taxable income determined under\\nsubdivision one of this section shall be reduced by three thousand\\ndollars and an additional two thousand dollars for each other such\\nperson additional to the aforesaid persons (including the applicant) who\\nwill be in such attendance, and the resulting amount shall be deemed the\\napplicable income in determining the applicant's award for the academic\\nyear.\\n 6. Income tax return not filed or not including income outside New\\nYork state. If a person required to report income to the corporation did\\nnot file an appropriate New York state income tax return, or if the\\nreturn did not include income outside New York state, such person shall\\nreport to the corporation what his income would have been had his total\\nincome been subject to New York state income tax and had such income tax\\nreturn been filed.\\n 7. Statement of income. An applicant, the applicant's spouse, and the\\napplicant's parents, if their income is included in \"income\" for\\npurposes of this article, shall file annually with the corporation, in a\\nmanner prescribed by the president, a statement of their income, signed\\nand affirmed as true under penalties of perjury.\\n 8. Verification of financial report. The state tax commission shall,\\nupon request by the president, compare any statement filed with the\\ncorporation pursuant to this article or any information derived\\ntherefrom with the state income tax returns filed by the persons making\\nsuch statement and shall report any discrepancies to the president.\\n 9. Confidentiality of financial reports. All statements filed with the\\ncorporation and all reports made by the state tax commission pursuant to\\nthis section shall be deemed confidential.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "664", "title" : "Concurrent awards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "664", "activeDate" : "2014-09-22", "sequenceNo" : 469, "repealedDate" : null, "fromSection" : "664", "toSection" : "664", "text" : " § 664. Concurrent awards. 1. a. No person shall receive benefits\\nconcurrently from more than one academic performance award under this\\nchapter, except for the regents scholarship in Cornell university. Nor\\nshall any person receive benefits from an academic performance award\\nunder this chapter concurrently with any scholarship, grant, or\\neducational assistance under federal law that, in the judgment of the\\ncommissioner would duplicate the purpose of such academic performance\\naward, except United States war orphan educational benefits or benefits\\nunder the veterans' readjustment benefits act of nineteen hundred\\nsixty-six.\\n b. A person may receive concurrently a tuition assistance program\\naward, a regents award for children of deceased and disabled veterans\\nand a regents award for children of deceased police officers, firemen\\nand volunteer firefighters, and correction officers of the state or any\\npolitical subdivision thereof, and may also receive benefits under one\\nor all of these awards concurrently with an academic performance award\\nor federal or other awards. However, in the case of the regents awards\\nfor children of deceased state correction officers and state civilian\\nemployees of a correctional facility received pursuant to the provisions\\nof section six hundred sixty-nine of this article, no person shall\\nreceive benefits under this award concurrently with any other general or\\nacademic performance award under this chapter, or with any scholarship,\\ngrant, or educational assistance under federal law that, in the judgment\\nof the commissioner would duplicate the purposes of such award.\\n c. A person may receive concurrently a tuition assistance award and a\\nscholarship for academic achievement pursuant to subdivision eighteen of\\nsection three hundred fifty-five of this chapter.\\n 2. Where concurrent use of two or more awards is not permitted under\\nthis section, a student qualifying for two or more awards must choose\\nwhich award he wishes to accept.\\n 3. The board shall promulgate, subject to the approval of the regents,\\nrules and regulations which shall govern the use of state awards and\\nloans concurrently with awards and loans granted to a student by any\\nother political entity or subdivision, institute, corporation, agency,\\nor foundation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "665", "title" : "Payment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24" ], "docLevelId" : "665", "activeDate" : "2014-09-22", "sequenceNo" : 470, "repealedDate" : null, "fromSection" : "665", "toSection" : "665", "text" : " § 665. Payment. 1. Semester payment. The annual award to each\\nrecipient shall be paid in separate installments on a prorated basis,\\nfor each semester, quarter, or other term of attendance during the\\nacademic year. For an approved two-year program of study conducted on a\\nclock hour basis at a registered private business school, the award\\nshall be paid in installments by payment term as such period is defined\\nby the rules of the board. The board shall take into consideration in\\npromulgating such rules an appropriate proration of the regular program\\nof study provided during an academic year and the periods at which\\nstudent progress and academic standing are evaluated. In no event shall\\nthere be less than two, nor more than four, payment terms in an academic\\nyear, including when such year contains a semester, quarter or other\\nterm of accelerated study, provided however, that up to thirty percent\\nof payments may be paid in the following academic year but no later than\\nAugust first.\\n 2. Payment for accelerated study. a. If the student enrolls for a term\\nof study which shall be beyond the regular program of study for the\\nacademic year, an additional award shall be made for each such term of\\nstudy on the basis of an equivalent full semester, quarter, or term of\\nattendance during the regular academic year.\\n b. If the student enrolls in a term of accelerated study as described\\nin paragraph a of this subdivision constituting less than the equivalent\\nof a full semester, quarter, or term of attendance, but at least half of\\nthe minimum of such a full-time program, as defined by the commissioner\\npursuant to article thirteen, the award for such term of study shall be\\none-half of the award that would otherwise have been received for\\nfull-time study. The total period of study for which payment may be made\\nshall not exceed the equivalent of the maximum period authorized for\\nthat award. In the case of awards under subdivision four of section six\\nhundred sixty-seven, the base award shall be the lesser of (i) one-half\\nof the amount of the award provided for or (ii) the amount of tuition,\\nand the deduction shall be at one-half the rate that would otherwise\\napply to full-time study.\\n c. A student shall qualify for accelerated study upon the completion\\nof twenty-four credit hours, or its equivalent, from such institution in\\nthe preceding two semesters, or the equivalent, prior to the term of the\\napplication provided however, that the equivalent of three credits per\\nsemester may be remedial courses and therefore such student shall be\\neligible for an accelerated award after having earned a total of\\neighteen degree credits in the preceding two semesters.\\n 3. Institutional certification, audit and payment procedure.\\n a. Each institution of post-secondary education shall certify to the\\ncorporation that each student in attendance at that institution who has\\napplied for a general award or academic performance award under this\\narticle is eligible for such award in accordance with all criteria\\nestablished for such award by statute and regulation. Such certification\\nshall be made on forms provided by the president within such time as\\nrequired by the president and shall state that, as of the date\\nestablished by the institution in accordance with its refund policy and\\nthe regulations of the commissioner, the student (i) has incurred a full\\ntuition liability for that term of attendance, (ii) was no longer\\neligible for a refund upon withdrawal from study, (iii) was in full-time\\nattendance and (iv) satisfied all other eligibility requirements for\\nsuch award. If any student does not satisfy the necessary eligibility\\nrequirements on that date, it shall be the responsibility of the\\ninstitution to so state, to specify whether such student was eligible\\nprior to that date and the amount of tuition liability incurred.\\n b. The comptroller shall audit institutional adherence to the\\nstatutes, rules and regulations governing general and academic\\nperformance awards and shall be responsible for determining the amount,\\nif any, owed to the state by an institution which amount represents\\noverpayment to the institution on a student's behalf. The comptroller\\nshall report cases of suspected willful and knowing institutional\\nviolation of such statutes, rules or regulations to the district\\nattorney in the county in which such institution is located.\\n c. (i) Payments under this article shall be made by the comptroller\\nupon the certificate of the president to or for the benefit of the\\nrecipient of each award. Such certificate shall be given upon vouchers\\nor other evidence provided by the student and by the institution of\\nattendance showing that the person named therein is entitled to receive\\nthe sum specified, either directly or for his benefit. Payments may be\\nmade directly to the school attended by the person named in such\\ncertificate, on behalf of and for the benefit of such person. The\\npresident may establish such methods of payment, including prepayment,\\nof awards to students or to schools on behalf of students as may effect\\nthe orderly administration of the program as he may deem appropriate.\\nSelection of the method of payment shall be at the option of the\\ninstitution, provided, however, that the president may limit\\nparticipation in such alternative methods of payment to schools\\nfulfilling criteria established by the president to assure the\\nappropriate receipt and handling of funds.\\n (ii) Notwithstanding any other provision of law, and in accordance\\nwith rules adopted by the board for these purposes, the president may\\nsuspend, limit or terminate an institution's participation in the\\ngeneral, academic and other award programs administered by the\\ncorporation in the event it shall be determined after a hearing\\nconducted in accordance with the state administrative procedure act that\\nthe institution has violated any statute, rule or regulation applicable\\nto such award programs. If the president shall determine that immediate\\naction is necessary in order to prevent an unreasonable risk of\\nsubstantial loss of funds administered by the corporation, the president\\nmay, in accordance with rules and regulations adopted by the board for\\nthis purpose, withhold payments and prepayments of awards upon the\\ninitiation of the suspension, limitation and termination proceeding as\\nan emergency measure. Upon receipt of a report or other information\\nindicating a violation by an institution of any law or rule applicable\\nto the award programs affecting the eligibility of a substantial number\\nof students attending the institution and receiving awards, or\\nindicating the institution may terminate its program prior to the\\ncompletion of the term or semester or may fail to repay refunds due, the\\npresident, in accordance with rules adopted by the board for this\\npurpose, may make payments and prepayments to the institution in\\ninstallments, in trust, or under such other terms and conditions as the\\npresident may deem necessary to assure such payments shall be expended\\nconsistent with statutory and regulatory requirements or shall be\\navailable for application to the payment of refunds due.\\n (iii) During the initial year a school shall offer approved programs,\\nthe president may make payments and prepayments to the school in\\ninstallments, in trust, or under such other terms and conditions as the\\npresident may deem necessary to assure such payments shall be expended\\nconsistent with statutory and regulatory requirements or shall be\\navailable for application to the payment of refunds due.\\n d. A registered business school shall submit to the president at such\\ntime as the rules of the board may provide a statement of such school's\\nfinancial operations and condition as of the end of the school's most\\nrecent fiscal period prepared by an independent public auditor in\\nconformity with generally accepted auditing standards. Submission of\\nsuch a statement may be made a condition of further participation in the\\nawards program.\\n 4. a. Student refunds. If a student receives payment as a result of\\nadministrative error by the institution or the corporation or a false or\\nerroneous statement on his application or financial form, or any other\\nact of omission or commission on the part of the student, his spouse, or\\nhis parents, such that the recipient would otherwise have been\\nconsidered by the president ineligible to receive such payment, the\\nrecipient shall be required to refund the improper payment to the state.\\n b. Institutional refunds. The president shall require institutions to\\nrefund payment to the state, and the student shall not be required to\\nrefund such payments, when (i) the president has determined that\\ninadequate administrative procedures or practices of the institution\\nresulted in the incorrect certification of the eligibility of a program\\nor student, or (ii) the commissioner has determined that the institution\\nfailed to conduct an approved program in accordance with the regulations\\nof the commissioner in effect when such program was conducted.\\n c. The president shall be empowered to: (i) require such payment\\nimmediately, (ii) accept a repayment schedule or installment payments\\nover a reasonable period of time, (iii) reduce any future award received\\nby such student by the amount of the refund due, or (iv) reduce any\\nfuture payments receivable by the institution on behalf of currently\\neligible students by the amount of refund due with a direction to the\\ninstitution to consider each eligible student's account to have been\\ncredited with the amount of his award eligibility for that term of\\nattendance. The board of trustees shall promulgate regulations governing\\nprocedures for the assertion, appeal and recovery of a refund claimed by\\nthe corporation against a student or an institution.\\n d. If the recipient or the institution, as the case may be, without\\nreasonable cause, fails to promptly comply with the president's demand\\nfor such refund, the attorney general of the state shall, upon request\\nof the president, bring suit to obtain such refund.\\n 5. Payment for prior study. If the recipient of an award under section\\nsix hundred five of this chapter, except subdivision four thereof, has\\nenrolled in an approved program during the academic year prior to the\\nnormal effective date of such aid, his scholarship shall become\\neffective at the time he began his regular college course and he shall\\nbe entitled to receive payment of awards under such scholarship for such\\nprior study.\\n 6. Loss of good academic standing. a. If the recipient of an award\\nfails to maintain good academic standing as defined by the commissioner\\npursuant to article thirteen of this chapter, which definition shall\\ninclude direction to institutions to establish standards of reasonable\\nprogress toward completion of the program in which a student is\\nenrolled, the president shall suspend further payments under the award\\nuntil and unless the student shall establish, to the satisfaction of the\\ncommissioner, promise of successful completion of the program for which\\nthe award is made, and the president may revoke the award if the\\nrecipient is not reinstated in good academic standing within a\\nreasonable time to be set by the commissioner.\\n b. Students who receive their first state award during the nineteen\\nhundred eighty-one--nineteen hundred eighty-two academic year through\\nand including the two thousand five--two thousand six academic year,\\nshall maintain good academic standing as defined by the commissioner,\\nexcept that such standard shall not apply to students receiving aid\\nunder section six hundred sixty-seven-a of this part.\\n c. Students who receive their first state award during the two\\nthousand six--two thousand seven academic year and thereafter shall make\\nsatisfactory progress toward the completion of the program's academic\\nrequirements as provided in this paragraph. For purposes of this\\nsubdivision, \"reasonable progress toward completion of the program\"\\nshall mean a student must complete, at a minimum, the following\\nrequirements at the time of certification; provided that nothing shall\\nprevent a college from developing stricter standards to measure\\nreasonable progress:\\n (i) For students first receiving aid in two thousand seven--two\\nthousand eight, through and including two thousand nine--two thousand\\nten, and for students enrolled in a program of remedial study as defined\\nin paragraph d of this subdivision who first received aid in two\\nthousand seven--two thousand eight, and thereafter, and enrolled in\\nfour-year or five-year undergraduate programs whose terms are organized\\nin semesters:\\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th\\n Certified\\n for This\\n Payment\\n A Student Must 0 3 9 21 33 45 60 75 90 105\\n Have Accrued at\\n Least This\\n Many Credits\\n With At Least 0 1.1 1.2 1.3 2.0 2.0 2.0 2.0 2.0 2.0\\n This Grade\\n Point Average\\n (ii) For students first receiving aid in two thousand seven--two\\nthousand eight, through and including two thousand nine--two thousand\\nten, and for students enrolled in a program of remedial study as defined\\nin paragraph d of this subdivision who first received aid in two\\nthousand seven--two thousand eight, and thereafter, and enrolled in\\ntwo-year undergraduate programs whose terms are organized in semesters:\\n Before Being 1 2 3 4 5 6\\n Certified\\n for This\\n Payment\\n A Student 0 3 9 18 30 45\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With at Least 0 .5 .75 1.3 2.0 2.0\\n This Grade\\n Point Average\\n (iii) For students first receiving aid in two thousand seven--two\\nthousand eight, through and including two thousand nine--two thousand\\nten, and for students enrolled in a program of remedial study as defined\\nin paragraph d of this subdivision who first received aid in two\\nthousand seven--two thousand eight, and thereafter, and enrolled in\\nfour-year or five-year undergraduate programs whose terms are organized\\non a trimester basis:\\n Before Being 1 2 3 4 5 6 7 8\\n Certified\\n for This\\n Payment\\n A Student 0 2 4 9 17 25 33 40\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 0 1.1 1.1 1.2 1.2 1.3 2.0 2.0\\n This Grade\\n Point Average\\nand,\\n Before Being 9 10 11 12 13 14 15\\n Certified\\n for This\\n Payment\\n A Student 50 60 70 80 90 100 110\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0\\n This Grade\\n Point Average\\n (iv) For students first receiving aid in two thousand seven--two\\nthousand eight, through and including two thousand nine--two thousand\\nten, and for students enrolled in a program of remedial study as defined\\nin paragraph d of this subdivision who first received aid in two\\nthousand seven--two thousand eight, and thereafter, and enrolled in\\ntwo-year undergraduate programs whose terms are organized on a trimester\\nbasis:\\n Before Being 1 2 3 4 5 6 7 8 9\\n Certified\\n for This\\n Payment\\n A Student 0 2 4 9 15 21 30 37 45\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 0 .5 .5 .75 .75 1.3 2.0 2.0 2.0\\n This Grade\\n Point Average\\n (v) For students first receiving aid in two thousand ten--two thousand\\neleven and thereafter, who do not meet the definition of a student\\nenrolled in a program of remedial study as defined in paragraph d of\\nthis subdivision, and are enrolled in a four-year or five-year\\nundergraduate program whose terms are organized in semesters:\\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th\\n Certified\\n for This\\n Payment\\n A Student 0 6 15 27 39 51 66 81 96 111\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0\\n This Grade\\n Point Average\\n (vi) For students first receiving aid in two thousand ten--two\\nthousand eleven and thereafter, who do not meet the definition of a\\nstudent enrolled in a program of remedial study as defined in paragraph\\nd of this subdivision, and are enrolled in a two-year undergraduate\\nprogram whose terms are organized in semesters:\\n Before Being 1st 2nd 3rd 4th 5th 6th\\n Certified\\n for This\\n Payment\\n A Student 0 6 15 27 39 51\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 0 1.3 1.5 1.8 2.0 2.0\\n This Grade\\n Point Average\\n (vii) For students first receiving aid in two thousand ten--two\\nthousand eleven and thereafter, who do not meet the definition of a\\nstudent enrolled in a program of remedial study as defined in paragraph\\nd of this subdivision, and are enrolled in a four-year or five-year\\nundergraduate program whose terms are organized on a trimester basis:\\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th\\n Certified\\n for This\\n Payment\\n A Student 0 4 8 14 22 30 38 46\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0\\n This Grade\\n Point Average\\n and,\\n Before Being 9th 10th 11th 12th 13th 14th 15th\\n Certified\\n for This\\n Payment\\n A Student 56 66 76 86 96 106 116\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0\\n This Grade\\n Point Average\\n (viii) For students first receiving aid in two thousand ten--two\\nthousand eleven and thereafter, who do not meet the definition of a\\nstudent enrolled in a program of remedial study as defined in paragraph\\nd of this subdivision, and are enrolled in a two-year undergraduate\\nprogram whose terms are organized on a trimester basis:\\n Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th\\n Certified\\n for This\\n Payment\\n A Student 0 2 6 14 22 30 38 46 54\\n Must Have\\n Accrued at\\n Least This\\n Many Credits\\n With At Least 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0 2.0\\n This Grade\\n Point Average\\n d. For purposes of paragraph c of this subdivision, a student enrolled\\nin a program of remedial study shall mean a student: (a) whose scores on\\na recognized college placement exam or nationally recognized\\nstandardized exam indicated the need for remediation for at least two\\nsemesters, as certified by the appropriate college official and approved\\nby the commissioner; or (b) who was enrolled in at least six semester\\nhours of non-credit remedial courses, as approved by the commissioner,\\nin the first term they received a tuition assistance program award in an\\napproved program; or (c) who is or was enrolled in the higher education\\nopportunity program (HEOP), the educational opportunity program (EOP),\\nthe search for education, elevation and knowledge (SEEK) program, or the\\ncollege discovery (CD) program.\\n 7. Availability of academic performance awards. Except as provided\\nherein, payment of academic awards may be made for a period of seven\\nyears beginning with the academic year in which payment is first\\navailable. In the event that a person entitled to such an award is\\nengaged in active service in the armed forces of the United States or\\nactive service in the national welfare in a program such as the peace\\ncorps, an extension of the seven year period equivalent to the period of\\nsuch active service but not in excess of three years may be granted upon\\napplication to the corporation. A recipient who is ineligible for\\npayment of an award in the first academic year of eligibility due to\\nattendance in an ineligible out of state school shall not be thereafter\\neligible for any other payments of such award. Recipients of an award\\nwhich may be reawarded who are temporarily unable to avail themselves of\\nthe benefits of the award due to illness or other cause established by\\nthe board of regents prior to receipt and utilization of the first\\npayment of such award, may apply for a temporary leave of absence\\npursuant to the regulations of the corporation. The provisions of this\\nsubdivision shall not be considered to increase or in any way alter the\\nnumber, amount or methods of payments made under an academic performance\\naward.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "665-A", "title" : "Institutional participation in award programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-12", "2022-03-25", "2022-05-06" ], "docLevelId" : "665-A", "activeDate" : "2014-09-22", "sequenceNo" : 471, "repealedDate" : null, "fromSection" : "665-A", "toSection" : "665-A", "text" : " § 665-a. Institutional participation in award programs. 1.\\nParticipation agreement. No institution may participate in the general,\\nacademic or other award programs described in this article unless it\\nshall have entered into a written agreement with the corporation under\\nwhich it shall be bound to comply with all laws and rules applicable to\\nsuch programs. The participation agreement may contain such other terms\\nand conditions, consistent with such applicable laws, rules and\\nprocedures, as the president may require in accordance with rules\\nadopted for this purpose by the board and shall be developed in\\nconsultation with the commissioner of education. In accordance with\\nrules adopted by the board for this purpose, the president, may suspend,\\nlimit or terminate an institution's participation in these programs in\\nthe event it shall be determined after a hearing conducted in accordance\\nwith the state administrative procedure act that the institution has\\nviolated any applicable laws, rules or procedures provided for under the\\nagreement in accordance with law and the rules of the board.\\n 2. Reports. In accordance with rules adopted by the board for this\\npurpose, the president may require an institution participating in the\\ngeneral, academic and other award programs to certify on such forms as\\nthe president may prescribe at the commencement of its semester, term or\\nother period of attendance, or at such other times as the president may\\ndirect, the manner in which the records are being maintained to\\ndemonstrate the eligibility of the students the institution certifies as\\neligible for the receipt of awards under the provisions of subdivision\\nthree of section six hundred sixty-five of this article during such\\nsemester, term or period of attendance. The president may suspend, limit\\nor terminate an institution's participation in the general, academic and\\nother award programs administered by the corporation in the event it\\nshall be determined after a hearing conducted in accordance with the\\nstate administrative procedure act that the institution has failed or\\nrefused to submit such certified report after written demand therefor,\\nor shall have willfully submitted a materially false report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P2SP2", "title" : "General Awards", "docType" : "SUBPART", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-04-21", "2017-08-18", "2025-05-16" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 472, "repealedDate" : null, "fromSection" : "666", "toSection" : "669-E", "text" : " SUBPART II\\n GENERAL AWARDS\\nSection 666. Tuition awards for part-time undergraduate students.\\n 667. Tuition assistance program awards.\\n 667-a. Supplemental tuition assistance program.\\n 667-c. Part-time tuition assistance program awards.\\n 668. Regents awards for children of deceased and disabled\\n veterans.\\n 668-a. Regents awards for children of deceased police officers,\\n peace officers, firefighters and volunteer\\n firefighters.\\n 668-b. Memorial scholarships for children, spouses and financial\\n dependents of deceased firefighters, volunteer\\n firefighters, police officers, peace officers, and\\n emergency medical service workers.\\n 668-c. Awards for Vietnam veterans' children born with Spina\\n Bifida enrolled in approved undergraduate or graduate\\n programs at degree granting institutions.\\n 668-d. World trade center memorial scholarships.\\n 668-e. Military enhanced recognition, incentive and tribute\\n (\"MERIT\") scholarships.\\n 668-f. American Airlines flight 587 memorial scholarships.\\n 668-g. Continental Airlines flight 3407 memorial scholarships.\\n 669. Regents awards for children of deceased state correction\\n officers and state civilian employees of a correction\\n facility.\\n 669-a. Veterans tuition awards program.\\n 669-b. Recruitment incentive and retention program for members\\n of the New York state organized militia.\\n 669-d. New York state math and science teaching incentive\\n program.\\n 669-e. New York state science, technology, engineering and\\n mathematics incentive program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "666", "title" : "Tuition awards for part-time undergraduate students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "666", "activeDate" : "2014-09-22", "sequenceNo" : 473, "repealedDate" : null, "fromSection" : "666", "toSection" : "666", "text" : " § 666. Tuition awards for part-time undergraduate students. 1.\\nDefinition. For the purposes of this section (a) \"part-time student\"\\nmeans a student enrolled for at least three but less than twelve\\nsemester hours, or the equivalent, per semester or at least four but\\nless than eight semester hours per quarter in an approved undergraduate\\ndegree or registered certificate program in a degree-granting\\ninstitution, and (b) \"income\" means that amount determined in accordance\\nwith subdivisions one and two of section six hundred sixty-three of this\\narticle.\\n 2. Eligible students. Tuition awards may be made to students, who\\ncomply with the requirements provided in subdivisions three, five and\\nsix of section six hundred sixty-one of this article, and (i) are also\\npart-time students matriculated in approved undergraduate degree\\nprograms or enrolled and accepted into registered certificate programs\\nand (ii) if eligible to claim dependents or to be claimed as dependents\\nunder the tax law, whose incomes do not exceed fifty thousand five\\nhundred fifty dollars or if ineligible whose incomes do not exceed\\nthirty-four thousand two hundred fifty dollars. The continuation of\\neligibility for a tuition award shall require the retention of good\\nacademic standing, as defined by the commissioner pursuant to article\\nthirteen of this chapter. Prior to the approval of any additional award\\npursuant to this section, participating institutions shall review the\\nacademic standing of all recipients of awards pursuant to this section.\\n 3. Participating institutions. Institutions which offer undergraduate\\ndegrees and participate in the tuition assistance program are eligible\\nto participate in the tuition award for part-time students program,\\npursuant to this section provided, however, that the tuition for the\\nprogram in which a student is enrolled totals at least one hundred\\ndollars a year. Eligible institutions shall apply to the corporation to\\nparticipate in such program on applications postmarked on or before the\\nfifteenth day of June, such applications having been postmarked by the\\ncorporation to all eligible institutions on or before the fifteenth day\\nof May. The department shall provide the enrollment data upon which the\\ninstitutional allocation of funds will be based to the corporation on or\\nbefore the first day of May. The corporation shall notify participating\\ninstitutions of the institutional allocation of funds on or before the\\nfifteenth day of July. Notwithstanding the manner and extent in which\\nallocations of funds for awards are made under this subdivision to\\ninstitutions which form a part of the state university of New York or\\nthe city university of New York, the chancellor of either such\\nuniversity may reallocate and distribute any unexpended portion of the\\nallocation of an institution of such university to any other institution\\nof such university to which an allocation is made hereunder.\\nNotwithstanding the manner and extent in which allocations of funds for\\nawards are made under this subdivision to independent institutions of\\nhigher education, the president may reallocate and distribute any\\nunexpended portion of the allocation of such an institution to any other\\nsuch institution to which an allocation is made hereunder. Written\\nnotice of such reallocation and distribution shall be given to the\\ncorporation by such chancellor or commissioner in accordance with the\\nrules of the board.\\n 4. Selection of recipients. Participating institutions shall select\\nrecipients of tuition awards for part-time students from amoung elibible\\nstudents. Participating institutions shall consider those eligible\\nstudents who demonstrate the greatest amount of financial need remaining\\nafter all available grants have been applied to educational costs and\\nshall give preference, where possible, to students who would be\\notherwise unable to attempt or continue post secondary education. The\\ntotal number of recipients and the amount of awards shall be limited by\\nthe institutional allocation of funds pursuant to subdivision eight of\\nthis section. The institution shall select recipients within forty-five\\ndays after the date fixed by the institution for students to add or drop\\ncourses in the semester, quarter or term for which the award is made and\\neach recipient shall be notified in writing of the award, its amount,\\nthat it is effected by a waiver of tuition by the institution in such\\namount, and that the award is counted toward the maximum term of\\neligibility under the tuition assistance program. In the event a\\nrecipient is determined to be ineligible for an award after such\\nnotification is given, the institution shall advise the recipient in\\nwriting thereof, and that its selection of such recipient and its waiver\\nof tuition is a nullity. If the determination of ineligiblility is made\\nprior to the date the institution submits its report of recipients to\\nthe corporation, a replacement recipient may be selected, notified and\\nreported.\\n 5. Amount of award. The annual award shall be for an amount up to two\\nthousand dollars or tuition, whichever is less. The amount of the award\\nshall be determined by the participating institution. Such institution\\nshall waive the tuition for such eligible student in the amount of such\\naward.\\n 6. Limitation of amount. In no event shall the award for any year\\nexceed the amount by which the tuition, exclusive of educational fees,\\npayable by the student exceeds the total of all other state, federal or\\nother educational aid which the commissioner has identified by\\nregulation as duplicative of the purposes of tuition awards pursuant to\\nthis section. For the purposes of this subdivision, neither United\\nStates war orphans educational benefits nor benefits under the veterans'\\nreadjustment act of nineteen hundred sixty-six shall be considered as\\nfederal or other educational aid.\\n 7. Duration. A recipient shall be eligible for a period not to exceed\\neight years of part-time undergraduate study or, if the undergraduate\\nprogram normally requires five academic years of full-time study, for a\\nperiod not to exceed ten years of part-time undergraduate study.\\nRecipients enrolled in a program of remedial study conforming to the\\nprovisions of this article, approved by the commissioner in a degree\\ngranting institution, and intended to culminate in an undergraduate\\ndegree shall be considered as enrolled in a program normally requiring\\nfive years. Any semester, quarter or term of attendance during which a\\nstudent receives an award pursuant to this section shall be counted as\\none-half of a semester, quarter or term, as the case may be, toward the\\nmaximum term of eligibility for tuition assistance program awards\\npursuant to section six hundred sixty-seven of this chapter. The period\\nof eligibility shall be proportionately reduced for each semester,\\nquarter or term of attendance during which a student receives an award\\npursuant to section six hundred sixty-seven of this article.\\n 8. Institutional allocation of funds. The total amount of funds for\\nawards at a participating institution for an academic year shall be that\\namount determined by multiplying the annual total appropriation for this\\nprogram by a ratio whose numerator shall be the undergraduate part-time\\ndegree program enrollment at the institution during the preceding\\nacademic year and whose denominator shall be the aggregate of such\\nenrollment at all participating institutions in such academic year.\\n 9. Institutional reports and reimbursements. One week after the final\\ndate recipients may be selected, each participating institution shall\\nreport to the corporation the following: (i) the eligible students who\\nreceived an award pursuant to this section and their incomes; and (ii)\\nthe amount of each such award. Within forty-five days of the conclusion\\nof each term or semester during which the awards are made pursuant to\\nthis section, each participating institution shall certify to the\\ncorporation whether or not each student reported received a cumulative\\npassing average for the semester hours undertaken pursuant to such\\naward. The corporation shall reimburse the participating institution for\\neach award made by such institution on behalf of an eligible student\\nprovided, however, that if, during any term or semester, the value of\\nthe awards conferred by the institution to students who fail to maintain\\na cumulative passing average exceeds ten percent of the total value of\\nall the awards conferred by the institution, the institution shall not\\nbe reimbursed for the value of those awards made to students who fail to\\nmaintain a cumulative passing average which is in excess of ten percent\\nof the total value of all the awards conferred by the institution during\\nthat term or semester. A recipient of such award shall not be liable\\nfor tuition waived in the amount of the award for semester hours\\nundertaken pursuant to such award for which he or she did not receive a\\ncumulative passing average. The president may make prepayments to\\ninstitutions of their allocations of funds in accordance with the\\nprovisions of paragraph c of subdivision three of section six hundred\\nsixty-five of this article, and the president may require institutional\\nrefunds in accordance with the provisions of paragraph c of subdivision\\nfour of section six hundred sixty-five of this article.\\n 10. Annually prior to the first day of November the corporation shall\\nprepare a report to the board of regents which shall contain an\\nevaluation concerning the administration of the tuition award program\\nfor part-time undergraduate students and an analysis of the information\\nreported pursuant to subdivision nine of this section. The board of\\nregents shall then prepare a report to the governor and the legislature\\nmaking appropriate recommendations annually prior to the first day of\\nJanuary.\\n 11. The state comptroller shall audit the tuition award program for\\npart-time undergraduate students for the period commencing July first,\\nnineteen hundred eighty-four and ending June thirtieth, nineteen hundred\\neighty-five and shall make a report, not later than October first,\\nnineteen hundred eighty-five, relating thereto to the governor, the\\ntemporary president of the senate and the speaker of the assembly.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "667", "title" : "Tuition assistance program awards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-03-03", "2017-08-18", "2018-12-14", "2019-10-25", "2021-04-23", "2024-05-03", "2024-05-31", "2024-07-12", "2025-05-16" ], "docLevelId" : "667", "activeDate" : "2014-09-22", "sequenceNo" : 474, "repealedDate" : null, "fromSection" : "667", "toSection" : "667", "text" : " § 667. Tuition assistance program awards. 1. Recipient\\nqualifications. Tuition assistance program awards are available for all\\nstudents who are enrolled in approved programs and who demonstrate the\\nability to complete such courses, in accordance with standards\\nestablished by the commissioner provided, however, that no award shall\\nbe made unless tuition (exclusive of educational fees) and, if\\napplicable, the college fee levied by the state university of New York\\npursuant to the April first, nineteen hundred sixty-four financing\\nagreements with the New York state dormitory authority charged for the\\nprogram in which the student is enrolled total at least two hundred\\ndollars a year, and provided further that, no award can exceed one\\nhundred percent of the amount of tuition charged.\\n 2. Duration. No undergraduate shall be eligible for more than four\\nacademic years of study, or five academic years if the program of study\\nnormally requires five years. Students enrolled in a program of remedial\\nstudy, approved by the commissioner in an institution of higher\\neducation and intended to culminate in a degree in undergraduate study\\nshall, for purposes of this section, be considered as enrolled in a\\nprogram of study normally requiring five years. An undergraduate student\\nenrolled in an eligible two year program of study approved by the\\ncommissioner shall be eligible for no more than three academic years of\\nstudy. Any semester, quarter, or term of attendance during which a\\nstudent receives any award under this article, after the effective date\\nof the former scholar incentive program and prior to academic year\\nnineteen hundred eighty-nine--nineteen hundred ninety, shall be counted\\ntoward the maximum term of eligibility for tuition assistance under this\\nsection, except that any semester, quarter or term of attendance during\\nwhich a student received an award pursuant to section six hundred\\nsixty-six of this subpart shall be counted as one-half of a semester,\\nquarter or term, as the case may be, toward the maximum term of\\neligibility under this section. Any semester, quarter or term of\\nattendance during which a student received an award pursuant to section\\nsix hundred sixty-seven-a of this subpart shall not be counted toward\\nthe maximum term of eligibility under this section.\\n 3. Tuition assistance program awards.\\n a. Amount. The president shall make awards to students enrolled in\\ndegree-granting institutions or registered not-for-profit business\\nschools qualified for tax exemption under § 501(c)(3) of the internal\\nrevenue code for federal income tax purposes in the following amounts:\\n (i) For each year of undergraduate study, assistance shall be provided\\nas computed on the basis of the amount which is the lesser of the\\nfollowing:\\n (A) (1) In the case of students who have not been granted an exclusion\\nof parental income, who have qualified as an orphan, foster child, or\\nward of the court for the purposes of federal student financial aid\\nprograms authorized by Title IV of the Higher Education Act of 1965, as\\namended, or had a dependent for income tax purposes during the tax year\\nnext preceding the academic year for which application is made, except\\nfor those students who have been granted exclusion of parental income\\nwho have a spouse but no other dependent:\\n (a) For students first receiving aid after nineteen hundred\\nninety-three--nineteen hundred ninety-four and before two thousand--two\\nthousand one, four thousand two hundred ninety dollars; or\\n (b) For students first receiving aid in nineteen hundred\\nninety-three--nineteen hundred ninety-four or earlier, three thousand\\nseven hundred forty dollars; or\\n (c) For students first receiving aid in two thousand--two thousand one\\nand thereafter, five thousand dollars, except starting in two thousand\\nfourteen-two thousand fifteen and thereafter such students shall receive\\nfive thousand one hundred sixty-five dollars; or\\n (d) For undergraduate students enrolled in a program of study at a\\nnon-public degree-granting institution that does not offer a program of\\nstudy that leads to a baccalaureate degree, or at a registered\\nnot-for-profit business school qualified for tax exemption under section\\n501(c)(3) of the internal revenue code for federal income tax purposes\\nthat does not offer a program of study that leads to a baccalaureate\\ndegree, four thousand dollars. Provided, however, that this subitem\\nshall not apply to students enrolled in a program of study leading to a\\ncertificate or degree in nursing.\\n (2) In the case of students receiving awards pursuant to subparagraph\\n(iii) of this paragraph and those students who have been granted\\nexclusion of parental income who have a spouse but no other dependent.\\n (a) For students first receiving aid in nineteen hundred ninety-four\\n--nineteen hundred ninety-five and nineteen hundred\\nninety-five--nineteen hundred ninety-six and thereafter, three thousand\\ntwenty-five dollars, or\\n (b) For students first receiving aid in nineteen hundred\\nninety-two--nineteen hundred ninety-three and nineteen hundred\\nninety-three--nineteen hundred ninety-four, two thousand five hundred\\nseventy-five dollars, or\\n (c) For students first receiving aid in nineteen hundred\\nninety-one--nineteen hundred ninety-two or earlier, two thousand four\\nhundred fifty dollars; or\\n (B) (1) Ninety-five percent of the amount of tuition (exclusive of\\neducational fees) charged and, if applicable, the college fee levied by\\nthe state university of New York pursuant to the April first, nineteen\\nhundred sixty-four financing agreement with the New York state dormitory\\nauthority.\\n (2) For the two thousand one--two thousand two academic year and\\nthereafter one hundred percent of the amount of tuition (exclusive of\\neducational fees) charged and, if applicable, the college fee levied by\\nthe state university of New York pursuant to the April first, nineteen\\nhundred sixty-four financing agreement with the New York state dormitory\\nauthority.\\n (ii) Except for students as noted in subparagraph (iii) of this\\nparagraph, the base amount as determined from subparagraph (i) of this\\nparagraph, shall be reduced in relation to income as follows:\\nAmount of income Schedule of reduction\\n of base amount\\n(A) Less than seven thousand None\\n dollars\\n(B) Seven thousand dollars or Seven per centum of excess\\n more, but less than eleven over seven thousand dollars\\n thousand dollars\\n(C) Eleven thousand dollars or Two hundred eighty dollars\\n more, but less than eighteen plus ten per centum of excess\\n thousand dollars over eleven thousand dollars\\n(D) Eighteen thousand dollars or Nine hundred eighty dollars\\n more, but not more than eighty plus twelve per centum of\\n thousand dollars excess over eighteen\\n thousand dollars\\n (iii) (A) For students who have been granted exclusion of parental\\nincome and were single with no dependent for income tax purposes during\\nthe tax year next preceding the academic year for which application is\\nmade, the base amount, as determined in subparagraph (i) of this\\nparagraph, shall be reduced in relation to income as follows:\\nAmount of income Schedule of reduction\\n of base amount\\n(1) Less than three thousand None\\n dollars\\n(2) Three thousand dollars or Thirty-one per centum of\\n more, but not more than ten amount in excess of three\\n thousand dollars thousand dollars\\n (B) For those students who have been granted exclusion of parental\\nincome who have a spouse but no other dependent, for income tax purposes\\nduring the tax year next preceding the academic year for which\\napplication is made, the base amount, as determined in subparagraph (i)\\nof this paragraph, shall be reduced in relation to income as follows:\\nAmount of income Schedule of reduction\\n of base amount\\n(1) Less than seven thousand None\\n dollars\\n(2) Seven thousand dollars or Seven per centum of excess\\n more, but less than eleven over seven thousand dollars\\n thousand dollars\\n(3) Eleven thousand dollars or Two hundred eighty dollars\\n more, but less than eighteen plus ten per centum of excess\\n thousand dollars over eleven thousand dollars\\n(4) Eighteen thousand dollars or Nine hundred eighty dollars\\n more, but not more than forty plus twelve per centum of\\n thousand dollars excess over eighteen\\n thousand dollars\\n (iv) If the amount of reduction is not a whole dollar, it shall be\\nreduced to the next lowest whole dollar. In the case of any student who\\nhas received four or more payments pursuant to any and all awards\\nprovided for in this subdivision, for the two thousand--two thousand one\\nacademic year the base amount shall be reduced by an additional one\\nhundred fifty dollars for the two thousand one--two thousand two\\nacademic year and thereafter the base amount shall be reduced by an\\nadditional one hundred dollars.\\n (v) The award shall be the net amount of the base amount determined\\npursuant to subparagraph (i) of this paragraph reduced pursuant to\\nsubparagraph (ii) or (iii) of this paragraph but the award shall not be\\nreduced for the two thousand--two thousand one and two thousand one--two\\nthousand two academic years below two hundred seventy-five dollars if\\nthe amount of income is eighty thousand dollars or less and more than\\nseventy thousand dollars, three hundred twenty-five dollars if the\\namount of income is seventy thousand dollars or less and more than sixty\\nthousand dollars and four hundred twenty-five dollars if the amount of\\nincome is sixty thousand dollars or less.\\n (vi) For the two thousand two--two thousand three academic year and\\nthereafter, the award shall be the net amount of the base amount\\ndetermined pursuant to subparagraph (i) of this paragraph reduced\\npursuant to subparagraph (ii) or (iii) of this paragraph but the award\\nshall not be reduced below five hundred dollars.\\n b. Amount. The president shall make awards to students enrolled in two\\nyear programs offered in registered private business schools except for\\nregistered not-for-profit business schools qualified for tax exemption\\nunder section 501(c)(3) of the internal revenue code for federal income\\ntax purposes in the following amounts:\\n (i) For each year of study, assistance shall be provided as computed\\non the basis of the amount which is the lesser of the following:\\n (A) (1) eight hundred dollars, or\\n (2) for students receiving awards pursuant to subparagraph (iii) of\\nthis paragraph, six hundred forty dollars; or\\n (B) (1) Ninety-five percent of the amount of tuition (exclusive of\\neducational fees) charged.\\n (2) For the two thousand one--two thousand two academic year and\\nthereafter one hundred percent of the amount of tuition (exclusive of\\neducational fees).\\n (ii) Except for students as noted in subparagraph (iii) of this\\nparagraph, the base amount as determined in subparagraph (i) of this\\nparagraph, shall be reduced in relation to income as follows:\\nAmount of income Schedule of reduction\\n of base amount\\n(A) Less than seven thousand None\\n dollars\\n(B) Seven thousand dollars or Seven per centum of the excess\\n more, but less than eleven over seven thousand dollars\\n thousand dollars\\n (C) For students first receiving aid:\\n (1) for the first time in academic years nineteen hundred\\n eighty-nine--nineteen hundred ninety, nineteen hundred\\n ninety-two--nineteen hundred ninety-three and nineteen hundred\\n ninety-three--nineteen hundred ninety-four:\\n Amount of income Schedule of reduction of\\n base amount\\n Eleven thousand dollars or Two hundred eighty dollars plus\\n more but not more than forty- ten per centum of the excess\\n two thousand five hundred over eleven thousand dollars\\n dollars\\n (2) for the first time in academic years nineteen hundred\\n ninety--nineteen hundred ninety-one, nineteen hundred\\n ninety-one--nineteen hundred ninety-two, nineteen hundred\\n ninety-four--nineteen hundred ninety-five and thereafter:\\n Amount of income Schedule of reduction of\\n base amount\\n Eleven thousand dollars or Two hundred eighty dollars plus\\n more but not more than fifty ten per centum of the excess\\n thousand five hundred over eleven thousand dollars\\n dollars\\n (3) for the first time in academic years prior to academic year\\n nineteen hundred eighty-nine--nineteen hundred ninety:\\n Amount of income Schedule of reduction of\\n base amount\\n Eleven thousand dollars or Two hundred eighty dollars plus\\n more but not more than thirty- ten per centum of the excess over\\n four thousand two hundred fifty eleven thousand dollars\\n dollars\\n (iii) For students who have been granted exclusion of parental\\n income and were single with no dependent for income tax purposes\\n during the tax year next preceding the academic year for which\\n application is made, the base amount, as determined in subparagraph\\n (i) of this paragraph, shall be reduced in relation to income as\\n follows:\\n Amount of income Schedule of reduction of\\n base amount\\n (A) Less than three thousand None\\n dollars\\n (B) Three thousand dollars or Thirty-one per centum of the ex-\\n more, but not more than ten cess over three thousand dollars\\n thousand dollars\\n (iv) If the amount of reduction is not a whole dollar, it shall be\\n reduced to the next lowest whole dollar. In the case of any student\\n who has received four or more payments pursuant to any and all awards\\n provided for in this subdivision, for the two thousand--two thousand\\n one academic year the base amount shall be reduced by an additional\\n one hundred fifty dollars for the two thousand one--two thousand two\\n academic year and thereafter the base amount shall be reduced by an\\n additional one hundred dollars.\\n (v) The award shall be the net amount of the base amount determined\\n pursuant to subparagraph (i) of this paragraph reduced pursuant to\\n subparagraph (ii) or (iii) of this paragraph but the award shall not\\n be reduced below one hundred dollars. If the income exceeds the\\n maximum amount of income allowable under subparagraph (ii) or (iii) of\\n this paragraph, no award shall be made.\\n c. Restrictions. In no even shall shall any award:\\n (i) be made unless the annual tuition (exclusive of educational\\n fees) and, if applicable, the college fee levied by the state\\n university of New York pursuant to the April first, nineteen hundred\\n sixty-four financing agreement with the New York state dormitory\\n authority charged for the program in which the student is enrolled\\n total at least two hundred dollars; or\\n (ii) exceed the amount by which such annual tuition (exclusive of\\n educational fees) and, if applicable, the college fee levied by the\\n state university of New York pursuant to the April first, nineteen\\n hundred sixty-four financing agreement with the New York state\\n dormitory authority exceed the total of all other state, federal, or\\n other educational aid that is received or receivable by such student\\n during the school year for which such award is applicable and that, in\\n the judgment of the commissioner, would duplicate the purposes of the\\n award; or\\n (iii) be made when income exceeds the maximum income set forth in\\n this subdivision. The commissioner shall list in his regulations all\\n major state and federal financial aid available to New York state\\n students and identify any forms of aid that are duplicative of the\\n purposes of the tuition assistance program. For the purposes of this\\n subdivision, neither United States war orphan educational benefits nor\\n benefits under the veterans' readjustment act of nineteen hundred\\n sixty-six shall be considered as federal or other educational aid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "667-A", "title" : "Supplemental tuition assistance program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "667-A", "activeDate" : "2014-09-22", "sequenceNo" : 475, "repealedDate" : null, "fromSection" : "667-A", "toSection" : "667-A", "text" : " § 667-a. Supplemental tuition assistance program. 1. Legislative\\nintent. The legislature hereby finds that to further the goal of equal\\nopportunity it is necessary to assure the availability of supplemental\\nassistance for the successful remediation of educationally disadvantaged\\nstudents in addition to assistance currently available under existing\\nstatute for students with financial need. Accordingly, tuition\\nassistance shall be extended to students whose need for remediation\\nprecludes them from fulfilling the program pursuit and academic progress\\nrequirements of the tuition assistance program.\\n 2. Operation. (a) The supplemental tuition assistance program shall\\nbe governed by all law, rules and regulations pertaining to the tuition\\nassistance program provided however that, notwithstanding any law, rule\\nand regulation to the contrary, eligibility for supplemental tuition\\nassistance program awards shall be limited to any undergraduate student\\nreceiving aid under this article for the first time during school year\\nnineteen hundred ninety-five--nineteen hundred ninety-six or thereafter\\nwho meets both of the following conditions:\\n (i) The student shall not be enrolled in the higher education\\nopportunity program, educational opportunity program, the Percy Ellis\\nSutton search for education, elevation and knowledge program or the\\ncollege discovery program.\\n (ii) The student must be accepted into an institution of higher\\neducation and be enrolled in an approved non-credit bearing remediation\\nprogram in the summer immediately preceding and/or immediately following\\nthe initial year of matriculated study.\\n (b) Students who meet the conditions described in paragraph (a) of\\nthis subdivision shall be eligible to receive up to one quarter of the\\nannual tuition assistance program award for each session, up to two\\nsessions, of summer remediation in addition to those tuition assistance\\nprogram awards specified in subdivision two of section six hundred\\nsixty-seven of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "667-C", "title" : "Part-time tuition assistance program awards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-15", "2023-05-12", "2024-04-26", "2024-05-31", "2024-07-12", "2025-05-16" ], "docLevelId" : "667-C", "activeDate" : "2014-09-22", "sequenceNo" : 476, "repealedDate" : null, "fromSection" : "667-C", "toSection" : "667-C", "text" : " § 667-c. Part-time tuition assistance program awards. 1.\\nNotwithstanding any law, rule or regulation to the contrary, the\\npresident of the higher education services corporation is authorized to\\nmake tuition assistance program awards to part-time students enrolled at\\nthe state university, a community college, the city university of New\\nYork, and a non-profit college or university incorporated by the regents\\nor by the legislature who meet all requirements for tuition assistance\\nprogram awards except for the students' part-time attendance.\\n 2. For purposes of this section, a part-time student is one who:\\n a. enrolled as a first-time freshman during the two thousand six--two\\nthousand seven academic year or thereafter at a college or university\\nwithin the state university, including a statutory or contract college,\\na community college established pursuant to article one hundred\\ntwenty-six of this chapter, the city university of New York, or a\\nnon-profit college or university incorporated by the regents or by the\\nlegislature;\\n b. has earned at least twelve credits in each of two consecutive\\nsemesters at one of the institutions named in paragraph a of this\\nsubdivision by the time of the awards;\\n c. is enrolled for at least six but less than twelve semester hours,\\nor the equivalent, per semester in an approved undergraduate degree\\nprogram; and\\n d. has a cumulative grade-point average of at least 2.00.\\n 3. a. For part-time students defined in this section, the award shall\\nbe calculated as provided in section six hundred sixty-seven of this\\narticle and shall be in an amount equal to the enrollment factor percent\\nof the award the student would have been eligible for if the student\\nwere enrolled full-time. The enrollment factor percent is the percentage\\nobtained by dividing the number of credits the student is enrolled in,\\nas certified by the school, by the number of credits required for\\nfull-time study in the semester, quarter or term as defined by the\\ncommissioner.\\n b. Any semester, quarter or term of attendance during which a student\\nreceives an award pursuant to this section shall be counted as the\\nenrollment factor percent of a semester, quarter or term toward the\\nmaximum term of eligibility for tuition assistance awards pursuant to\\nsection six hundred sixty-seven of this article. The total period of\\nstudy for which payment may be made shall not exceed the equivalent of\\nthe maximum period authorized for that award.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668", "title" : "Regents awards for children of deceased and disabled veterans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2021-11-19", "2022-04-22", "2023-04-07", "2026-03-06" ], "docLevelId" : "668", "activeDate" : "2014-09-22", "sequenceNo" : 477, "repealedDate" : null, "fromSection" : "668", "toSection" : "668", "text" : " § 668. Regents awards for children of deceased and disabled veterans.\\n1. Period of military service. For a student to be eligible, the\\nparent, or step-parent where the student is the dependent of the\\nstep-parent, (i) must have been a recipient of the armed forces\\nexpeditionary medal, the navy expeditionary medal or the marine corps\\nexpeditionary medal for participation in operations in Lebanon from June\\nfirst, nineteen hundred eighty-three to December first, nineteen hundred\\neighty-seven, in Grenada from October twenty-third, nineteen hundred\\neighty-three to November twenty-first, nineteen hundred eighty-three, or\\nin Panama from December twentieth, nineteen hundred eighty-nine to\\nJanuary thirty-first, nineteen hundred ninety, or (ii) must have served\\non regular active duty (other than for training) in the armed forces of\\nthe United States during part of one of the following periods:\\n (a) April sixth, nineteen hundred seventeen to November eleven,\\nnineteen hundred eighteen.\\n (b) December seven, nineteen hundred forty-one to December thirty-one,\\nnineteen hundred forty-six, or have been employed by the War Shipping\\nAdministration or Office of Defense Transportation or their agents as a\\nmerchant seaman documented by the United States Coast Guard or\\nDepartment of Commerce, or as a civil servant employed by the United\\nStates Army Transport Service (later redesignated as the United States\\nArmy Transportation Corps, Water Division) or the Naval Transportation\\nService; and who served satisfactorily as a crew member during the\\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\\nto August fifteenth, nineteen hundred forty-five, aboard merchant\\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\\nfurther to include \"near foreign\" voyages between the United States and\\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\\nin oceangoing service or foreign waters and who has received a\\nCertificate of Release or Discharge from Active Duty and a discharge\\ncertificate, or an Honorable Service Certificate/Report of Casualty,\\nfrom the Department of Defense or have served as a United States\\ncivilian employed by the American Field Service and served overseas\\nunder United States Armies and United States Army Groups in world war II\\nduring the period of armed conflict, December seventh, nineteen hundred\\nforty-one through May eighth, nineteen hundred forty-five, and who was\\ndischarged or released therefrom under honorable conditions, or have\\nserved as a United States civilian Flight Crew and Aviation Ground\\nSupport Employee of Pan American World Airways or one of its\\nsubsidiaries or its affiliates and served overseas as a result of Pan\\nAmerican's contract with Air Transport Command or Naval Air Transport\\nService during the period of armed conflict, December fourteenth,\\nnineteen hundred forty-one through August fourteenth, nineteen hundred\\nforty-five, and who was discharged or released therefrom under honorable\\nconditions.\\n (c) June twenty-seven, nineteen hundred fifty to January thirty-one,\\nnineteen hundred fifty-five.\\n (d) December twenty-second, nineteen hundred sixty-one to May seventh,\\nnineteen hundred seventy-five.\\n (e) August two, nineteen hundred ninety to the end of hostilities in\\nthe Persian Gulf conflict.\\n (f) From September eighteenth, two thousand one until the end of the\\nUnited States military efforts in Afghanistan.\\n (g) From October sixteenth, two thousand two until the end of the\\nUnited States military efforts in Iraq.\\n 2. Eligible groups. Awards shall be made to students each of whom has\\na parent with such service, or a step-parent with such service where the\\nstudent is the dependent of the step-parent even if the student's\\nbiological parent is still living, who:\\n (a) was a legal resident of New York state at the time of his or her\\ndemise and who died or die while so serving, or as a result of injury or\\nillness suffered or incurred during such military service; or\\n (b) is an honorably discharged veteran of the United States or member\\nof the armed forces of the United States, who is a resident of the state\\nof New York, and who has a current disability of forty percent or more\\nas a result of an injury or illness which is incurred or was incurred\\nduring such military service; or\\n (c) is now deceased, who was a resident of this state at the time of\\nhis or her demise, and who at the time of his or her demise had a\\ndisability to a degree of forty percent or more as a result of an injury\\nor illness which was incurred during such military service; or\\n (d) is classified as a former prisoner of war, or as missing in\\naction, who has been so classified by the United States department of\\ndefense, and who is a resident of the state of New York if a former\\nprisoner of war or was a resident of the state of New York when\\nclassified as missing in action.\\n 3. Determinations of disability. Determinations concerning disability\\nor death by the United States Administrator of Veterans Affairs or the\\nseparate branches of the armed forces of the United States shall be\\nconclusive.\\n 4. Amount and duration. Every recipient shall receive an annual award\\nof four hundred fifty dollars for each of not more than four academic\\nyears, or five academic years if the recipient is enrolled in a program\\nnormally requiring five years, as defined by the commissioner, pursuant\\nto article thirteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-A", "title" : "Regents awards for children of deceased police officers, peace officers, firefighters and volunteer firefighters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "668-A", "activeDate" : "2014-09-22", "sequenceNo" : 478, "repealedDate" : null, "fromSection" : "668-A", "toSection" : "668-A", "text" : " § 668-a. Regents awards for children of deceased police officers,\\npeace officers, firefighters and volunteer firefighters. 1. Eligible\\nstudents. Awards shall be made to resident children of police officers\\nand peace officers as defined in the criminal procedure law,\\nfirefighters and volunteer firefighters and correction officers of the\\nstate or any political subdivision thereof, or volunteer firefighters of\\nfire departments or companies under contract to provide fire protection\\nto a municipality or fire district who have died as a result of an\\ninjury sustained in the line of duty.\\n 2. Amount and duration. Every recipient shall receive an annual award\\nof four hundred fifty dollars for each of not more than four academic\\nyears of undergraduate study or five academic years if a program\\nnormally requires five years, as defined by the commissioner pursuant to\\narticle thirteen of this chapter.\\n 3. Notwithstanding any inconsistent provision of this chapter, no\\nchild of a correction officer of the state who is receiving an award\\nunder the provisions of section six hundred sixty-nine of this article\\nshall receive an award under the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-B", "title" : "Memorial scholarships for children, spouses and financial dependents of deceased firefighters, volunteer firefighters, police officers, p...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "668-B", "activeDate" : "2014-09-22", "sequenceNo" : 479, "repealedDate" : null, "fromSection" : "668-B", "toSection" : "668-B", "text" : " § 668-b. Memorial scholarships for children, spouses and financial\\ndependents of deceased firefighters, volunteer firefighters, police\\nofficers, peace officers, and emergency medical service workers. 1.\\nNotwithstanding subdivision five of section six hundred sixty-one of\\nthis article, children, spouses or the financial dependents of\\nfirefighters, volunteer firefighters, police officers, peace officers,\\nand emergency medical service workers who have died as a result of an\\ninjury sustained in the line of duty, in service to the state of New\\nYork shall be eligible to receive an annual amount determined pursuant\\nto subdivision two of section six hundred sixty-eight-d of this article.\\nAny award pursuant to this section shall be inclusive of any amount the\\nstudent would otherwise be eligible for pursuant to section six hundred\\nsixty-eight-a or six hundred sixty-eight-d of this article.\\n 2. Awards under this section shall be payable for each of not more\\nthan four academic years of undergraduate study or five academic years\\nif a program normally requires five years, as defined by the\\ncommissioner pursuant to article thirteen of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-C", "title" : "Awards for Vietnam veterans' children born with Spina Bifida enrolled in approved undergraduate or graduate programs at degree granting i...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2021-11-19", "2022-04-22", "2023-04-07" ], "docLevelId" : "668-C", "activeDate" : "2014-09-22", "sequenceNo" : 480, "repealedDate" : null, "fromSection" : "668-C", "toSection" : "668-C", "text" : " § 668-c. Awards for Vietnam veterans' children born with Spina Bifida\\nenrolled in approved undergraduate or graduate programs at degree\\ngranting institutions. 1. Eligible students. Awards shall be made to\\nVietnam veterans' resident children born with Spina Bifida enrolled in\\napproved undergraduate or graduate programs at degree granting\\ninstitutions. For the purpose of this section, \"Vietnam veteran\" shall\\nmean a person who served in Indochina at any time from the twenty-second\\nday of December, nineteen hundred sixty-one, to and including the\\nseventh day of May, nineteen hundred seventy-five and was honorably\\ndischarged from the armed forces of the United States; \"born with Spina\\nBifida\" shall mean a diagnosis at birth of such disease inclusive of all\\nforms, manifestations, complications and associated medical conditions\\nthereof, but shall not include Spina Bifida Occulta. Such diagnosis\\nshall be in accordance with the provisions of the federal Spina Bifida\\nprogram and shall be documented by the United States Administration of\\nVeterans' Affairs.\\n 2. Amount and duration. Every recipient shall receive an annual award\\nof four hundred fifty dollars for each of not more than four academic\\nyears of undergraduate study or five academic years if a program\\nnormally requires five years, as defined by the commissioner pursuant to\\narticle thirteen of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-D", "title" : "World trade center memorial scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "668-D", "activeDate" : "2014-09-22", "sequenceNo" : 481, "repealedDate" : null, "fromSection" : "668-D", "toSection" : "668-D", "text" : " § 668-d. World trade center memorial scholarships. 1. Eligible groups.\\nNotwithstanding subdivisions three and five of section six hundred\\nsixty-one of this article, children, spouses and financial dependents of\\ninnocent victims who have died or have been severely and permanently\\ndisabled, or those innocent victims who have become severely and\\npermanently disabled as a direct result of an injury sustained in the\\nimpact area of the September eleventh, two thousand one attack on the\\nUnited States of America, shall be eligible to receive a memorial\\nscholarship. The attack on the United States of America shall consist of\\nthe attack on the world trade center, the attack on the Pentagon and the\\nhijackings and crashes of United Airlines flights 93 and 175 and\\nAmerican Airlines flights 11 and 77.\\n 2. Amount. (a) The president shall grant annual scholarships in the\\nfollowing amounts:\\n (1) If the recipient attends an institution of the city university of\\nNew York or an institution of the state university of New York other\\nthan the statutory colleges at Cornell, the college of environmental\\nscience and forestry at Syracuse and the college of ceramics at Alfred,\\nthe annual award shall be an amount equal to: the tuition charged at\\nsuch institution provided that, notwithstanding any provision of law to\\nthe contrary, the tuition charged to award recipients shall not exceed\\nthat charged to state resident students attending such institution; the\\nmandatory fees charged at such institution; and the non-tuition cost of\\nattendance at such institution or college, provided that the scholarship\\nshall not exceed an amount that is equal to the total cost of attendance\\ndetermined for federal Title IV student financial aid purposes, less all\\nother scholarships and grants provided by New York state, other states,\\nthe federal government, or other governments, and the amount of\\neducational benefits paid under any program that would duplicate the\\npurposes of this program, provided that any scholarships or grants\\nprovided to a recipient by the institution which are intended to fund\\nany portion of the difference between the annual state award and the\\nactual costs of attendance at any such institution shall not be\\nconsidered to duplicate the purposes of this program; or\\n (2) If the recipient attends any other approved program within New\\nYork state, the annual award shall be based upon an amount equal to: the\\ntuition charged to state resident students attending a four-year college\\nof the state university of New York; the average mandatory fees charged\\nat four-year colleges of the state university of New York, or the actual\\ntuition and fees charged to the recipient, whichever is less; and the\\naverage non-tuition cost of attendance, as determined by the president\\nand as approved by the director of the budget, for a student at the\\nstate university of New York or actual non-tuition cost of attendance at\\nsuch institution, whichever is less, provided that the scholarship shall\\nnot exceed an amount that is equal to the total cost of attendance\\ndetermined for federal Title IV student financial aid purposes, less all\\nother scholarships and grants provided by New York state, other states,\\nthe federal government, or other governments, and the amount of\\neducational benefits paid under any program that would duplicate the\\npurposes of this program, provided that any scholarships or grants\\nprovided to a recipient by the institution which are intended to fund\\nany portion of the difference between the annual state award and the\\nactual costs of attendance at any such institution shall not be\\nconsidered to duplicate the purposes of this program.\\n (3) Notwithstanding paragraph a of subdivision four of section six\\nhundred sixty-one of this article, if the recipient is a New York state\\nresident and, on September eleventh, two thousand one, was matriculated\\nand in attendance in an institution of higher education that provides a\\ntwo-year or four-year program of instruction for which the institution\\nawards an associate or baccalaureate degree and which is eligible to\\nparticipate in a program under Title IV of the Higher Education Act of\\n1965, as amended or any successor statutes located outside of New York\\nstate, the annual award shall be based upon an amount equal to: the\\ntuition charged to state resident students attending a four-year college\\nof the state university of New York; the average mandatory fees charged\\nat four-year colleges of the state university of New York or the actual\\ntuition and fees charged to the recipient, whichever is less; and the\\naverage non-tuition cost of attendance, as determined, by the president\\nand as approved by the director of the budget, for a student at the\\nstate university of New York or actual non-tuition cost of attendance at\\nsuch institution, whichever is less, provided that the scholarship shall\\nnot exceed an amount that is equal to the total cost of attendance\\ndetermined for federal Title IV student financial aid proposes, less all\\nother scholarships and grants provided by New York state, other states,\\nthe federal government, or other governments, and the amount of\\neducational benefits paid under any program that would duplicate the\\npurposes of this program, provided that any scholarships or grants\\nprovided to a recipient by the institution which are intended to fund\\nany portion of the difference between the annual state award and the\\nactual annual costs of attendance at any such institution shall not be\\nconsidered to duplicate the purposes of this program.\\n (4) \"Non-tuition cost of attendance\", as used in this subdivision,\\nshall mean: (i) the actual amount charged by the institution for room\\nand board, and (ii) an allowance for transportation, books and supplies\\nas determined by the president and as approved by the director of the\\nbudget, provided that such determination shall be made no later than\\nDecember first of each year for use in the succeeding academic year. In\\nthe event a student does not incur room or board charges at the\\ninstitution, \"non-tuition cost of attendance\" shall mean an allowance\\nfor room and board as determined by the president and approved by the\\ndirector of the budget. In determining allowances pursuant to this\\nsubparagraph, the president may take into consideration the allowances\\nprovided for in the Pell grant program.\\n (b) In no event shall the combination of all student financial aid\\nreceived by a student exceed a recipient's total cost of attendance at\\nthe institution being attended.\\n 3. Duration. Awards under this section shall be payable for each of\\nnot more than four academic years of undergraduate study or five\\nacademic years if a program normally requires five years, as defined by\\nthe commissioner pursuant to article thirteen of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-E", "title" : "Military enhanced recognition, incentive and tribute (\"MERIT\") scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-19" ], "docLevelId" : "668-E", "activeDate" : "2014-09-22", "sequenceNo" : 482, "repealedDate" : null, "fromSection" : "668-E", "toSection" : "668-E", "text" : " § 668-e. Military enhanced recognition, incentive and tribute\\n(\"MERIT\") scholarships. 1. Eligible persons. a. Notwithstanding\\nsubdivisions three and five of section six hundred sixty-one of this\\ntitle, children, spouses and financial dependents of a member of the\\narmed forces of the United States or state organized militia who at any\\ntime on or after the second day of August, nineteen hundred ninety,\\nwhile in service in the armed forces of the United States, as defined by\\nsubdivision eight of section one of the military law or in a force of\\nthe state organized militia, as defined in subdivision nine of section\\none of the military law: (i) while a legal resident of New York state,\\ndied, became severely and permanently disabled or was classified as\\nmissing in action in a combat theater or combat zone of operations as\\npart of military operations, or died as a result of injury or illness\\nsuffered or incurred during such military service; or (ii) while a legal\\nresident of New York state, died or became severely and permanently\\ndisabled as a result of injury or illness suffered or incurred during\\nmilitary training operations in preparation for duty in a combat theater\\nor combat zone of operations.\\n b. A member of the armed forces of the United States who: (i) became\\nseverely and permanently disabled as a result of service in the armed\\nforces of the United States, as defined by subdivision eight of section\\none of the military law, in a combat theater or combat zone of\\noperations as part of military operations at any time on or after the\\nsecond day of August, nineteen hundred ninety; and (ii) was a legal\\nresident of New York state at the time of military service.\\n c. A member of the armed forces of the United States who: (i) became\\nseverely and permanently disabled as a result of injury or illness\\nsuffered or incurred during military training operations in preparation\\nfor duty in a combat theater or combat zone of operations; and (ii) was\\na legal resident of New York state at the time of military service.\\n d. A member of the state organized militia who: (i) became severely\\nand permanently disabled as a result of injury or illness suffered or\\nincurred during active military service, as defined in subdivision six\\nof section one of the military law related to duty in a combat theater\\nor combat zone of operations; and (ii) was a legal resident of New York\\nstate at the time of active military service.\\n 2. Amount. The president shall grant annual scholarships in amounts\\ndetermined in accordance with subdivisions two and three of section six\\nhundred sixty-eight-d of this part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-F", "title" : "American Airlines flight 587 memorial scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "668-F", "activeDate" : "2014-09-22", "sequenceNo" : 483, "repealedDate" : null, "fromSection" : "668-F", "toSection" : "668-F", "text" : " § 668-f. American Airlines flight 587 memorial scholarships. 1.\\nEligible groups. Notwithstanding subdivisions three and five of section\\nsix hundred sixty-one of this part, children, spouses, and financial\\ndependents of persons who died as a direct result of the crash of\\nAmerican Airlines flight 587, in Rockaway, Queens, on November twelfth,\\ntwo thousand one, shall be eligible to receive a memorial scholarship.\\n 2. Amount. The president shall grant annual scholarships in amounts\\ndetermined in accordance with subdivision two of section six hundred\\nsixty-eight-d of this subpart.\\n 3. Duration. Awards under this section shall be payable for each of\\nnot more than four academic years of undergraduate study or five\\nacademic years if a program normally requires five years, as defined by\\nthe commissioner pursuant to article thirteen of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "668-G", "title" : "Continental Airlines flight 3407 memorial scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "668-G", "activeDate" : "2014-09-22", "sequenceNo" : 484, "repealedDate" : null, "fromSection" : "668-G", "toSection" : "668-G", "text" : " § 668-g. Continental Airlines flight 3407 memorial scholarships. 1.\\nEligible groups. Notwithstanding subdivisions three and five of section\\nsix hundred sixty-one of this part, children, spouses and financial\\ndependents of persons who died as a direct result of the crash of\\nContinental Airlines flight 3407, in Clarence, New York, on February\\ntwelfth, two thousand nine, shall be eligible to receive a memorial\\nscholarship for their attendance at an institution located within New\\nYork state.\\n 2. Amount. The president shall grant annual scholarships in amounts\\ndetermined in accordance with subdivision two of section six hundred\\nsixty-eight-d of this subpart.\\n 3. Duration. Awards under this section shall be payable for each of\\nnot more than four academic years of undergraduate study or five\\nacademic years if a program normally requires five years, as defined by\\nthe commissioner pursuant to article thirteen of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "669", "title" : "Regents awards for children of deceased state correction officers and state civilian employees of a correction facility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "669", "activeDate" : "2014-09-22", "sequenceNo" : 485, "repealedDate" : null, "fromSection" : "669", "toSection" : "669", "text" : " § 669. Regents awards for children of deceased state correction\\nofficers and state civilian employees of a correction facility. 1.\\nEligible students. Awards shall be made to resident children of state\\ncorrection officers and state civilian employees of a correctional\\nfacility who died as a result of an injury sustained in the line of duty\\nduring the period from September ninth, nineteen hundred seventy-one\\nthrough September thirteenth, nineteen hundred seventy-one, inclusive.\\n 2. Amount and duration. The award shall not exceed the sum of\\ntuition, educational fees, room and board charged by the state\\nuniversity of New York nor shall it be for more than four academic years\\nof undergraduate study or five academic years if a program of study\\nnormally requires five years, as defined by the commissioner pursuant to\\narticle thirteen.\\n 3. Notwithstanding any inconsistent provision of this chapter, no\\nchild of a state correction officer who is receiving an award under the\\nprovisions of section six hundred sixty-eight-a of this article shall\\nreceive an award under the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "669-A", "title" : "Veterans tuition awards program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2021-11-19", "2022-04-22", "2023-04-07", "2024-11-15", "2025-02-21", "2025-07-04", "2025-12-26", "2026-02-20" ], "docLevelId" : "669-A", "activeDate" : "2014-09-22", "sequenceNo" : 486, "repealedDate" : null, "fromSection" : "669-A", "toSection" : "669-A", "text" : " § 669-a. Veterans tuition awards program. 1. As used in this section,\\nthe following terms shall have the following meanings:\\n a. \"Vietnam veteran\" means (i) a person who is a resident of this\\nstate, (ii) who served in the armed forces of the United States in\\nIndochina at any time from the twenty-eighth day of February, nineteen\\nhundred sixty-one, to and including the seventh day of May, nineteen\\nhundred seventy-five, and (iii) who was discharged therefrom under\\nhonorable conditions, including but not limited to honorable discharge,\\ndischarge under honorable conditions, or general discharge.\\n b. \"Persian Gulf veteran\" means (i) a person who is a resident of this\\nstate, (ii) who served in the armed forces of the United States in the\\nhostilities that occurred in the Persian Gulf from the second day of\\nAugust, nineteen hundred ninety through the end of such hostilities, and\\n(iii) who was discharged therefrom under honorable conditions, including\\nbut not limited to honorable discharge, discharge under honorable\\nconditions, or general discharge.\\n c. \"Afghanistan veteran\" means (i) a person who is a resident of this\\nstate, (ii) who served in the armed forces of the United States in the\\nhostilities that occurred in Afghanistan from the eleventh day of\\nSeptember, two thousand one, to the end of such hostilities, and (iii)\\nwho was discharged therefrom under honorable conditions, including but\\nnot limited to honorable discharge, discharge under honorable\\nconditions, or general discharge.\\n d. \"Other eligible combat veteran\" means: an individual who (i) is a\\nresident of this state, (ii) served in the armed forces of the United\\nStates in hostilities that occurred after February twenty-eighth,\\nnineteen hundred sixty-one, as evidenced by their receipt of an Armed\\nForces Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps\\nExpeditionary Medal, and (iii) was discharged under honorable\\nconditions, including but not limited to honorable discharge, discharge\\nunder honorable conditions, or general discharge.\\n e. \"Part time study\" means enrollment for at least three but less than\\ntwelve semester hours per semester, or the equivalent, in an approved\\nundergraduate or graduate program.\\n f. \"Approved vocational training programs\" means programs offered by\\nagencies approved by the commissioner for funding pursuant to this\\nsection. The commissioner shall approve only such non-credit programs\\nwhich are at least three hundred twenty clock hours in length, and which\\nmeet standards of instructional quality established in regulations by\\nthe commissioner. These standards shall include, but not be limited to,\\nqualifications of administrative and instructional personnel, quality of\\nfacilities and equipment, recordkeeping, admission, grading, attendance,\\nand record of placement of completers which meets standards of\\nacceptability as established by the commissioner.\\n 2. a. Tuition awards are available for all Vietnam, Persian Gulf,\\nAfghanistan and other eligible combat veterans, as defined in\\nsubdivision one of this section, who are enrolled, pursuant to paragraph\\na of subdivision four of section six hundred sixty-one of this part, in\\napproved undergraduate or graduate programs at degree granting\\ninstitutions or enrolled in approved vocational training programs and\\nwho apply for a tuition assistance program award pursuant to section six\\nhundred sixty-seven of this subpart.\\n b. Eligibility for awards under this section shall be established as\\nof the date the application is received by the corporation. All eligible\\nrecipients shall receive an award in an amount as set forth in\\nsubdivision four of this section.\\n 3. a. No recipient shall receive awards for more than eight semesters\\nof full time undergraduate study, or the equivalent of four academic\\nyears, or, if an undergraduate program normally requires five academic\\nyears of full time study, for more than ten semesters of full time\\nstudy, or the equivalent of five academic years. Recipients enrolled in\\na program of remedial study conforming to the provisions of this\\narticle, approved by the commissioner in a degree granting institution,\\nand intended to culminate in an undergraduate degree shall be considered\\nas enrolled in a program normally requiring five years. No recipient\\nenrolled in an approved vocational training program shall receive awards\\nfor more than four semesters of full-time study or the equivalent of two\\nacademic years of full-time study.\\n b. No recipient shall receive awards for more than sixteen semesters\\nof part time undergraduate study as defined in subdivision one, or the\\nequivalent of eight academic years of part time study, or, if an\\nundergraduate program normally requires five academic years of full time\\nstudy, for more than twenty semesters of part time study, or the\\nequivalent of ten academic years. Recipients enrolled in a program of\\nremedial study conforming to the provisions of this chapter, approved by\\nthe commissioner in a degree granting institution, and intended to\\nculminate in an undergraduate degree shall be considered as enrolled in\\na program normally requiring five years. No recipient enrolled in an\\napproved vocational training program shall receive awards for more than\\neight semesters of part-time study or the equivalent of four academic\\nyears of part-time study.\\n c. No recipient shall receive awards for more than six semesters of\\nfull time study, or the equivalent of three academic years, for graduate\\nstudy. No recipient shall receive awards for more than twelve semesters\\nof part time graduate study as defined in subdivision one of this\\nsection, or the equivalent of six academic years of part time graduate\\nstudy.\\n 4. Every recipient shall receive an award equal to the amount of\\nundergraduate tuition for residents of New York state charged by the\\nstate university of New York or actual tuition charged, whichever is\\nless, for each semester, or the equivalent, of full time study, or a\\npro-rated amount for part-time study; provided, however, that such award\\nshall not be reduced by any benefits available under the federal\\nMontgomery GI Bill act of 1984 or the federal Pell grant program\\npursuant to section one thousand seventy-a of title twenty of the United\\nStates code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "669-B", "title" : "Recruitment incentive and retention program for members of the New York state organized militia", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-15", "2017-08-18", "2021-04-23", "2026-05-29" ], "docLevelId" : "669-B", "activeDate" : "2014-09-22", "sequenceNo" : 487, "repealedDate" : null, "fromSection" : "669-B", "toSection" : "669-B", "text" : " * § 669-b. Recruitment incentive and retention program for members of\\nthe New York state organized militia. 1. The division of military and\\nnaval affairs is authorized, within amounts appropriated or otherwise\\nlawfully available from any other source, to establish a recruitment\\nincentive and retention program.\\n 2. Definitions as used in this section:\\n a. The term \"active member\" shall mean a member of a federally\\nrecognized unit of the New York army national guard, New York air\\nnational guard, or New York naval militia who meets the minimum\\nrequirements for satisfactory active membership as set forth in the\\nregulations of the United States departments of the army, navy and air\\nforce, as applicable, and the New York state division of military and\\nnaval affairs.\\n b. The term \"degree producing curriculum\" shall mean a series of\\ncourses programmed to culminate in a specific post-secondary degree or\\ndiploma when successfully completed.\\n c. The term \"tuition\" shall mean the total semester, quarter, or\\nclassroom hour cost of instruction to the student as periodically\\npublished in the catalogue of the institution, specifically excluding\\nmandatory fees, book charges, and room and board.\\n d. The term \"tuition benefit\" shall mean the payment of whatever cost\\nis attributable to the cost of tuition after the deduction of any other\\navailable educational grant aid, including the Army Continuing Education\\nSystem (ACES) (AR-621-5 17 November 1993) and any successor Army\\nregulations, that could defray such cost; however, specifically\\nexcluding the federal Montgomery GI Bill.\\n e. The term \"part-time study\" shall mean enrollment in an approved\\npost-secondary degree program for at least six but less than twelve\\nsemester hours, or the equivalent per semester, or at least four but\\nless than eight semester hours per quarter in an institution.\\n f. The term \"institution\" shall mean any institution of higher\\neducation recognized and approved by the regents or the university of\\nthe state of New York which provides a course of study leading to the\\ngranting of a post-secondary degree or diploma.\\n g. The term \"legal resident\" shall mean a person whose principal\\ndomicile is located within New York state in excess of one hundred\\neighty-six days per year; excepting active federal military duty.\\n 3. Notwithstanding the provisions of any other general, special, or\\nlocal law, rule, or regulation, any active member who has successfully\\ncompleted advanced individual training or commissioning and other\\nrequirements of the division of military and naval affairs for tuition\\nbenefit eligibility shall be entitled to the tuition benefit provided by\\nthis section upon his or her enrollment in a degree producing curriculum\\nin any institution.\\n 4. Unless otherwise provided for in this section, eligibility for the\\ntuition benefit provided by this section shall be determined by the\\neducation services offices of the division of military and naval\\naffairs, which shall issue certificates of eligibility and promulgate\\nsuch administrative rules and procedures as are necessary to implement\\nthe tuition benefit provided under this section. Such administrative\\nrules and procedures shall include in the factors for the determination\\nof eligibility for the tuition benefit provided by this section the\\nfulfillment of the contractual obligation and commitments for service in\\nthe New York army national guard, New York air national guard and New\\nYork naval militia.\\n 5. Any active member who currently possesses a baccalaureate degree or\\nhigher is ineligible for participation in the recruitment incentive\\nprogram provided by this section.\\n 5-a. Notwithstanding the provisions of subdivision three of this\\nsection, the adjutant general may, as defined in agency regulation, and\\nwithin appropriated amounts, allow active members who have not completed\\nbasic or advanced individual training or commissioning to participate in\\nthe recruitment incentive program.\\n 5-b. Notwithstanding the provisions of any other general, special or\\nlocal law, rule or regulation, a recipient who has failed to\\nsuccessfully complete his or her term of enlistment, if such failure is\\nnot due to causes beyond his or her control as determined by the\\nadjutant general or his designee, shall be ineligible to participate in\\nthe tuition benefit provided by this section. Monies expended by the\\nadministrating agency of such benefit shall be reimbursed to the state\\nin the full amount by the former recipient within one year of\\ntermination of active membership.\\n 5-c. Notwithstanding the provisions of any other general, special or\\nlocal law, a recipient who has successfully completed his or her term of\\nenlistment due to having served in a combat theater or combat zone of\\noperations, shall be eligible to continue to participate in the tuition\\nbenefit provided by this section, if such recipient was enrolled in said\\nbenefit prior to deployment in a combat theater or combat zone of\\noperations.\\n 6. The tuition benefit provided by this section shall be restricted to\\nlegal residents of the state. The benefit may be used for either\\npart-time or full-time study. No restriction as to sessions, student\\nstatus, or space availability which does not apply to all students shall\\nbe placed by institutions upon recipients under this program.\\n 7. Upon the recipient's attainment of a baccalaureate degree or\\ncessation of status as an active member, whichever occurs first, the\\nbenefit provided by this section shall be discontinued. The tuition\\nbenefit provided by this section may be suspended at the direction of\\nthe division of military and naval affairs for a recipient's failure to\\nmaintain good military standing as an active member, for the failure to\\nmaintain good academic progress and program pursuit, or for the failure\\nto maintain sufficient academic standing to retain eligibility for any\\nother financial assistance the recipient may be receiving.\\n 8. Unless otherwise provided for in this section, the tuition benefit\\nshall be on the terms and conditions set by the division of military and\\nnaval affairs, provided that any such benefit shall not exceed an amount\\nequal to the actual annual tuition charged to the recipient or the\\ntuition charged by the state university of New York, whichever is less,\\noffset by any financial assistance and any other resources available\\nthrough the national guard or the division of military and naval affairs\\non behalf of the recipient, including the Army Continuing Education\\nSystem (ACES) (AR-621-5 17 November 1993) and any successor Army\\nregulations, and the total of all other state, federal, or other\\neducational grant aid that is received or receivable by such student\\nduring the school year for which such benefit is applicable. For the\\npurposes of this subdivision, benefits available under the federal\\nMontgomery GI Bill act of 1984 shall not be considered as federal or\\nother educational aid.\\n 9. Any active member who is eligible for the tuition benefit provided\\nby this section must apply for all other available state, federal,\\nincluding the Army Continuing Education System (ACES) (AR-621-5 17\\nNovember 1993) and any successor Army regulations, or other educational\\ngrant aid at time of enrollment. The division of military and naval\\naffairs shall access all financial assistance available on behalf of all\\nsuch active members. Any grant aid or financial assistance received,\\nexcluding that of the Montgomery GI Bill Act of 1984, shall be utilized\\nto offset the cost of tuition to the maximum extent possible, except\\nthat nothing shall require that aid or assistance received which may be\\nused towards costs other than that of tuition shall be applied toward\\nthe cost of tuition.\\n 10. The tuition benefit provided by this section shall be effective\\nbeginning with the school semester or quarter following its enactment\\ninto law.\\n * NB Repealed September 1, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "669-D", "title" : "New York state math and science teaching incentive program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18" ], "docLevelId" : "669-D", "activeDate" : "2014-09-22", "sequenceNo" : 488, "repealedDate" : null, "fromSection" : "669-D", "toSection" : "669-D", "text" : " § 669-d. New York state math and science teaching incentive program.\\n1. Eligibility. Notwithstanding subdivision five of section six hundred\\nsixty-one of this part, undergraduate and/or graduate students who are\\nmatriculated in an approved undergraduate or graduate program at degree\\ngranting institutions leading to a career as a math or science teacher\\nin secondary education shall be eligible for an award under this\\nsection, provided the applicant: (a) signs a contract with the\\ncorporation agreeing to teach in the classroom on a full-time basis for\\nfive years in the field of math or science in a school located within\\nNew York state providing secondary education recognized by the board of\\nregents or the university of the state of New York; and (b) complies\\nwith the applicable provisions of this article and all requirements\\npromulgated by the corporation for the administration of the program.\\n 2. Within amounts appropriated therefor, awards shall be granted to\\napplicants that the corporation has certified are eligible to receive\\nsuch awards. Up to five hundred awards may be made to new recipients\\nannually. Such awards shall be made to recipients after the successful\\ncompletion of each academic year, as defined by the corporation.\\n 3. An award shall entitle the recipient to annual payments for not\\nmore than four academic years of full-time undergraduate study and one\\nacademic year of full-time graduate study leading to certification as a\\nclassroom teacher in mathematics or science.\\n 4. Recipients shall receive an annual payment for the successful\\ncompletion of an academic year, equal to the annual tuition charged to\\nstate resident students attending an undergraduate program full-time at\\nthe state university of New York, or actual tuition charged, whichever\\nis less.\\n 5. The corporation shall convert to a student loan the full amount of\\nthe award given pursuant to this section, plus interest, according to a\\nschedule to be determined by the corporation if: (a) two years after the\\ncompletion of the degree program and receipt of initial certification it\\nis found that a recipient is not teaching in the field of math or\\nscience in a school located within New York state providing secondary\\neducation recognized by the board of regents or the university of the\\nstate of New York; or (b) a recipient has not taught in the field of\\nmath or science in a school located within New York state providing\\nsecondary education recognized by the board of regents or the university\\nof the state of New York for five of the seven years after the\\ncompletion of the degree program and receipt of initial certification;\\nor (c) a recipient fails to complete their degree program or changes\\nmajors to an undergraduate degree program other than in science or math;\\nor (d) a recipient fails to receive or maintain their teaching\\ncertificate or license in New York state; or (e) a recipient fails to\\nrespond to requests by the corporation for the status of his or her\\nacademic or professional progress.\\n 6. The corporation is authorized to promulgate rules and regulations\\nnecessary for the implementation of the provisions of this section,\\nincluding the criteria for the provision of awards on a competitive\\nbasis and the rate of interest charged for repayment of the student\\nloan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "669-E", "title" : "New York state science, technology, engineering and mathematics incentive program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2018-11-09" ], "docLevelId" : "669-E", "activeDate" : "2014-09-22", "sequenceNo" : 489, "repealedDate" : null, "fromSection" : "669-E", "toSection" : "669-E", "text" : " § 669-e. New York state science, technology, engineering and\\nmathematics incentive program. 1. Undergraduate students who are\\nmatriculated in an approved undergraduate program leading to a career in\\nscience, technology, engineering or mathematics at a New York state\\npublic institution of higher education shall be eligible for an award\\nunder this section, provided the applicant: (a) graduates from a high\\nschool located in New York state during or after the two thousand\\nthirteen--fourteen school year; and (b) graduates within the top ten\\npercent of his or her high school class; and (c) enrolls in full-time\\nstudy each term beginning in the fall term after his or her high school\\ngraduation in an approved undergraduate program in science, technology,\\nengineering or mathematics, as defined by the corporation, at a New York\\nstate public institution of higher education; and (d) signs a contract\\nwith the corporation agreeing that his or her award will be converted to\\na student loan in the event the student fails to comply with the terms\\nof this program as set forth in subdivision four of this section; and\\n(e) complies with the applicable provisions of this article and all\\nrequirements promulgated by the corporation for the administration of\\nthe program.\\n 2. Awards shall be granted beginning with the two thousand\\nfourteen--two thousand fifteen academic year and thereafter to\\napplicants that the corporation has determined are eligible to receive\\nsuch awards. The corporation shall grant such awards in an amount equal\\nto the amount of undergraduate tuition for residents of New York state\\ncharged by the state university of New York or actual tuition charged,\\nwhichever is less; provided, however, (i) a student who receives\\neducational grants and/or scholarships that cover the student's full\\ncost of attendance shall not be eligible for an award under this\\nprogram; (ii) for a student who receives educational grants and/or\\nscholarships that cover less than the student's full cost of attendance,\\nsuch grants and/or scholarships shall not be deemed duplicative of this\\nprogram and may be held concurrently with an award under this program,\\nprovided that the combined benefits do not exceed the student's full\\ncost of attendance; and (iii) an award under this program shall be\\napplied to tuition after the application of all other educational grants\\nand scholarships limited to tuition and shall be reduced in an amount\\nequal to such educational grants and/or scholarships. Upon notification\\nof an award under this program, the institution shall defer the amount\\nof tuition equal to the award. No award shall be final until the\\nrecipient's successful completion of a term has been certified by the\\ninstitution.\\n 3. An eligible recipient shall not receive an award for more than four\\nacademic years of full-time undergraduate study or five academic years\\nif the program of study normally requires five years, excluding any\\nallowable interruption of study.\\n 4. The corporation shall convert to a student loan the full amount of\\nthe award given pursuant to this section, plus interest, according to a\\nschedule to be determined by the corporation if: (a) a recipient fails\\nto complete an approved undergraduate program in science, technology,\\nengineering or mathematics or changes majors to a program of\\nundergraduate study other than in science, technology, engineering or\\nmathematics; or (b) upon completion of such undergraduate degree program\\na recipient fails to either (i) complete five years of continuous full\\ntime employment in the science, technology, engineering or mathematics\\nfield with a public or private entity located within New York state, or\\n(ii) maintain residency in New York state for such period of employment;\\nor (c) a recipient fails to respond to requests by the corporation for\\nthe status of his or her academic or professional progress. The terms\\nand conditions of this subdivision shall be deferred for individuals who\\ngraduate with a degree in an approved undergraduate program in science,\\ntechnology, engineering or mathematics and enroll on at least a\\nhalf-time basis in a graduate or higher degree program or other\\nprofessional licensure degree program until they are conferred a degree,\\nand shall also be deferred for any interruption in undergraduate study\\nor employment as established by the rules and regulations of the\\ncorporation. The terms and conditions of this subdivision may also be\\ndeferred for a grace period, to be established by the corporation,\\nfollowing the completion of an approved undergraduate program in\\nscience, technology, engineering or mathematics a graduate or higher\\ndegree program or other professional licensure degree program. Any\\nobligation to comply with such provisions as outlined in this section\\nshall be cancelled upon the death of the recipient. Notwithstanding any\\nprovisions of this subdivision to the contrary, the corporation is\\nauthorized to promulgate rules and regulations to provide for the waiver\\nor suspension of any financial obligation which would involve extreme\\nhardship.\\n 5. The corporation is authorized to promulgate rules and regulations,\\nand may promulgate emergency regulations, necessary for the\\nimplementation of the provisions of this section, including, but not\\nlimited to, the rate of interest charged for repayment of the student\\nloan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P2SP3", "title" : "Academic Performance Awards", "docType" : "SUBPART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 490, "repealedDate" : null, "fromSection" : "670", "toSection" : "679", "text" : " SUBPART III\\n ACADEMIC PERFORMANCE AWARDS\\nSection 670. Regents college scholarships.\\n 670-a. Empire state scholarships of excellence.\\n 670-b. Scholarships for academic excellence.\\n 671. Regents professional education in nursing scholarships.\\n 672. Regents professional education in medicine or dentistry\\n scholarships.\\n 672-a. Regents professional education in optometry scholarships.\\n 672-b. Regents professional education in veterinary medicine\\n scholarships.\\n 673. Regents physician shortage scholarships.\\n 674. Regents veterans with war service scholarships.\\n 675. Empire state challenger scholarships for teachers.\\n 676. Empire state challenger fellowships for teachers.\\n 677. Regents physician loan forgiveness program.\\n 677-a. Physician loan repayment program.\\n 678. Regents health care professional opportunity\\n scholarships.\\n 679. Regents professional opportunity scholarships.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "670", "title" : "Regents college scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "670", "activeDate" : "2014-09-22", "sequenceNo" : 491, "repealedDate" : null, "fromSection" : "670", "toSection" : "670", "text" : " § 670. Regents college scholarships. 1. Number and certification.\\nTwenty-five thousand regents college scholarships shall be awarded each\\nyear. Such scholarships shall be allocated as provided in article\\nthirteen to eligible students as certified to the president by the\\ncommissioner.\\n 2. Duration. Each scholarship recipient shall receive an annual award\\nfor each of not more than four academic years of undergraduate study, or\\nfive academic years if a program of study normally requires five years\\nas defined by the commissioner pursuant to article thirteen; provided,\\nhowever, for the purposes of this section a student who is in his or her\\nlast term of eligibility and who need not take twelve or more credits or\\nthe equivalent thereof to complete the prescribed course of study of the\\ninstitution such student is attending shall remain eligible for such\\naward.\\n 3. Amount. The president shall make awards in the following amounts:\\n (a) The annual award shall be one thousand dollars, but if the income\\nexceeds one thousand eight hundred dollars, the award shall be reduced\\nby one dollar for each ten dollars, or part thereof, of the excess,\\nprovided the minimum award shall be two hundred fifty dollars. If the\\nannual amount of tuition and educational fees payable by the student is\\nmore than three hundred fifty dollars, the award shall not exceed the\\namount of such tuition and educational fees; if the amount of such\\ntuition and educational fees is three hundred fifty dollars or less, the\\naward shall not exceed three hundred fifty dollars.\\n (b) The annual award for any scholarship awarded pursuant to this\\nsection and effective subsequent to the nineteen hundred\\nseventy-three--nineteen hundred seventy-four school year shall be two\\nhundred fifty dollars. Provided, however, in the case of any student who\\nhas received an award effective with the nineteen hundred\\nseventy-four--nineteen hundred seventy-five school year, if the award of\\ntwo hundred fifty dollars when combined with any award made pursuant to\\nthe provisions of subdivision four of section six hundred sixty-seven of\\nthis article would be less than the total of the combined awards he\\nmight otherwise be entitled to receive pursuant to the provisions of\\nparagraph (a) of this subdivision and of subdivision three of section\\nsix hundred sixty-seven, he shall be entitled to receive the combined\\namount computed pursuant to the provisions of paragraph (a) of this\\nsubdivision and of subdivision three of section six hundred sixty-seven.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "670-A", "title" : "Empire state scholarships of excellence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "670-A", "activeDate" : "2014-09-22", "sequenceNo" : 492, "repealedDate" : null, "fromSection" : "670-A", "toSection" : "670-A", "text" : " § 670-a. Empire state scholarships of excellence. 1. Number and\\ncertification. One thousand empire state scholarships of excellence\\nshall be awarded each year. Such scholarships shall be allocated as\\nprovided in article thirteen of this chapter to eligible students\\ncertified to the president by the commissioner.\\n 2. Duration. A scholarship shall entitle the recipient to an annual\\naward for not more than four academic years of undergraduate study, or\\nfive academic years if the program of study normally requires five years\\nas defined by the commissioner pursuant to article thirteen of this\\nchapter.\\n 3. Amount. The annual award shall be in the amount of two thousand\\ndollars provided in no event shall the amount of the annual award exceed\\nthe recipient's cost of attendance at the institution attended. Cost of\\nattendance shall mean tuition, required fees, laboratory and other\\ninstruction related expenses, books, transportation, room and board. The\\ncost of attendance however shall be reduced by the amount the recipient\\nshall receive or would be entitled to receive as a Pell grant pursuant\\nto section one thousand seventy-a of title twenty of the United States\\nCode. Anything in this article to the contrary notwithstanding, a\\nrecipient of an empire state scholarship of excellence may concurrently\\nreceive with such award any other academic or general award for which he\\nor she may be eligible provided however in no event shall the\\ncombination of all such awards exceed the recipient's cost of attendance\\nat the institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "670-B", "title" : "Scholarships for academic excellence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "670-B", "activeDate" : "2014-09-22", "sequenceNo" : 493, "repealedDate" : null, "fromSection" : "670-B", "toSection" : "670-B", "text" : " § 670-b. Scholarships for academic excellence. 1. Number and\\ncertification. Five thousand scholarships shall be awarded in the\\nnineteen hundred ninety-seven--ninety-eight academic year, and eight\\nthousand scholarships shall be awarded in the nineteen hundred\\nninety-eight--ninety-nine academic year and thereafter. Such\\nscholarships shall be allocated as provided in article thirteen of this\\nchapter to eligible students certified to the president by the\\ncommissioner.\\n 2. Duration. A scholarship shall entitle the recipient to an annual\\naward for not more than four academic years of undergraduate study, or\\nfive academic years, if the program of study normally requires five\\nyears as defined by the commissioner pursuant to article thirteen of\\nthis chapter.\\n 3. Amount. a. (i) For the nineteen hundred ninety-seven--ninety-eight\\nacademic year, there shall be two thousand scholarships in the amount of\\none thousand dollars each and there shall be three thousand scholarships\\nin the amount of five hundred dollars each.\\n (ii) For the nineteen hundred ninety-eight--ninety-nine academic year\\nand thereafter, there shall be two thousand scholarships in the amount\\nof one thousand five hundred dollars each and there shall be six\\nthousand scholarships in the amount of five hundred dollars each.\\n (iii) Notwithstanding any inconsistent provision of law, students\\nawarded one thousand dollar scholarships in the nineteen hundred\\nninety-seven--ninety-eight academic year shall be entitled in the\\nnineteen hundred ninety-eight--ninety-nine academic year and thereafter\\nto an annual award of one thousand five hundred dollars.\\n b. In no event shall the amount of the annual award exceed the\\nrecipient's cost of attendance at the institution attended. Cost of\\nattendance shall mean tuition, required fees, laboratory and other\\ninstruction related expenses, books, transportation, room and board.\\nAnything in this article to the contrary notwithstanding, a recipient of\\na scholarship may concurrently receive with such award any other\\nacademic or general award for which he or she may be eligible provided\\nhowever in no event shall a recipient be awarded a scholarship in any\\namount where the combination of all such awards would exceed the\\nrecipient's cost of attendance at the institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "671", "title" : "Regents professional education in nursing scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "671", "activeDate" : "2014-09-22", "sequenceNo" : 494, "repealedDate" : null, "fromSection" : "671", "toSection" : "671", "text" : " § 671. Regents professional education in nursing scholarships. 1.\\nNumber and certification. Eight hundred regents professional education\\nin nursing scholarships shall be awarded each year. Such scholarships\\nshall be allocated as provided in article thirteen to eligible students\\nas certified to the president by the commissioner.\\n 2. Duration. Each such scholarship shall entitle the recipient to an\\nannual award for each year while enrolled in an approved course of study\\nleading to registration as a professional nurse, but not exceeding the\\nnormal period of study required to complete the requirements for the\\nprogram, as such approved courses and normal periods of study are\\ndefined by the commissioner pursuant to article thirteen.\\n 3. Amount. The president shall make awards in the following amounts:\\n (a) The annual award shall be five hundred dollars, but if the income\\nexceeds one thousand eight hundred dollars, the award shall be reduced\\nby one dollar for each ten dollars, or part thereof, of the excess. The\\nminimum award shall be two hundred dollars. If the annual amount of\\ntuition and educational fees payable by the student is more than three\\nhundred fifty dollars, the award shall not exceed the amount of such\\ntuition and fees; if the amount of such tuition and educational fees is\\nthree hundred fifty dollars, or less, the award shall not exceed three\\nhundred fifty dollars.\\n (b) The annual award for any scholarship awarded pursuant to this\\nsection and effective subsequent to the nineteen hundred\\nseventy-three--nineteen hundred seventy-four school year shall be two\\nhundred fifty dollars. Provided, however, in the case of any student\\nwho has received an award effective with the nineteen hundred\\nseventy-four--nineteen hundred seventy-five school year, if the award of\\ntwo hundred fifty dollars when combined with any award made pursuant to\\nthe provisions of subdivision four of section six hundred sixty-seven of\\nthis article would be less than the total of the combined awards he\\nmight otherwise be entitled to receive pursuant to the provisions of\\nparagraph (a) of this subdivision and of subdivision three of section\\nsix hundred sixty-seven, he shall be entitled to receive the combined\\namount computed pursuant to the provisions of paragraph (a) of this\\nsubdivision and of subdivision three of section six hundred sixty-seven.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "672", "title" : "Regents professional education in medicine or dentistry scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "672", "activeDate" : "2014-09-22", "sequenceNo" : 495, "repealedDate" : null, "fromSection" : "672", "toSection" : "672", "text" : " § 672. Regents professional education in medicine or dentistry\\nscholarships. 1. Number and certification. One hundred regents\\nprofessional education in medicine or dentistry scholarships shall be\\nawarded each year. Such scholarships shall be allocated as provided in\\narticle thirteen to eligible students as certified to the president by\\nthe commissioner.\\n 2. Duration. Such scholarship shall entitle the recipient to an award\\nfor not more than four academic years while matriculated in an approved\\nprogram, as defined by the commissioner pursuant to article thirteen.\\n 3. Amount. The president shall make academic year awards in the amount\\nof one thousand dollars, but if the income exceeds one thousand eight\\nhundred dollars, the award shall be reduced by the amount of one dollar\\nfor each eight dollars, or part thereof, of the excess, except that in\\nno event shall the award be less than three hundred fifty dollars. If\\nthe annual amount of tuition and educational fees payable by the student\\nis more than three hundred fifty dollars, the award shall not exceed the\\namount of such tuition and fees.\\n 4. The provisions of this section shall only apply to any recipient\\nwho receives his or her first award payment prior to the nineteen\\nhundred eighty-five--nineteen hundred eighty-six academic year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "672-A", "title" : "Regents professional education in optometry scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "672-A", "activeDate" : "2014-09-22", "sequenceNo" : 496, "repealedDate" : null, "fromSection" : "672-A", "toSection" : "672-A", "text" : " § 672-a. Regents professional education in optometry scholarships. 1.\\nNumber and certification. Five regents professional education in\\noptometry scholarships shall be awarded each year. Such scholarships\\nshall be allocated as provided in article thirteen to eligible students\\nas certified to the president by the commissioner.\\n 2. Duration. Such scholarship shall entitle the recipient to an award\\nfor not more than four academic years while matriculated in an approved\\nprogram, as defined by the commissioner pursuant to article thirteen.\\n 3. Amount. The president shall make academic year awards in the amount\\nof one thousand dollars, but if the income exceeds one thousand eight\\nhundred dollars, the award shall be reduced by the amount of one dollar\\nfor each eight dollars, or part thereof, of the excess, except that in\\nno event shall the award be less than three hundred fifty dollars. If\\nthe annual amount of tuition and educational fees payable by the student\\nis more than three hundred fifty dollars, the award shall not exceed the\\namount of such tuition and fees.\\n 4. The provisions of this section shall only apply to any recipient\\nwho receives his or her first award payment prior to the nineteen\\nhundred eighty-five--nineteen hundred eighty-six academic year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "672-B", "title" : "Regents professional education in veterinary medicine scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "672-B", "activeDate" : "2014-09-22", "sequenceNo" : 497, "repealedDate" : null, "fromSection" : "672-B", "toSection" : "672-B", "text" : " § 672-b. Regents professional education in veterinary medicine\\nscholarships. 1. Number and certification. Ten regents professional\\neducation in veterinary medicine scholarships shall be awarded each\\nyear. Such scholarships shall be allocated as provided in article\\nthirteen to eligible students as certified to the president by the\\ncommissioner.\\n 2. Duration. Such scholarship shall entitle the recipient to an award\\nfor not more than four academic years while matriculated in an approved\\nprogram, as defined by the commissioner pursuant to article thirteen.\\n 3. Amount. The president shall make academic year awards in the amount\\nof one thousand dollars, but if the income exceeds one thousand eight\\nhundred dollars, the award shall be reduced by the amount of one dollar\\nfor each eight dollars, or part thereof, of the excess, except that in\\nno event shall the award be less than three hundred fifty dollars. If\\nthe annual amount of tuition and educational fees payable by the student\\nis more than three hundred fifty dollars, the award shall not exceed the\\namount of such tuition and fees.\\n 4. The provisions of this section shall only apply to any recipient\\nwho receives his or her first award payment prior to the nineteen\\nhundred eighty-five--nineteen hundred eighty-six academic year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "673", "title" : "Regents physician shortage scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "673", "activeDate" : "2014-09-22", "sequenceNo" : 498, "repealedDate" : null, "fromSection" : "673", "toSection" : "673", "text" : " § 673. Regents physician shortage scholarships. 1. Number and\\ncertification. At least thirty percent of the total scholarships\\nawarded each year under the provisions of section six hundred\\nseventy-two shall be awarded to eligible students certified to the\\npresident by the commissioner.\\n 2. Duration. Each such scholarship shall entitle the recipient to an\\naward for not more than four academic years while matriculated in an\\napproved program, as defined by the commissioner pursuant to article\\nthirteen.\\n 3. Amount. The president shall make academic year awards in amounts\\nprovided in this subdivision. The academic year award shall be four\\nthousand dollars, but if the family income of an applicant exceeds six\\nthousand dollars, the award shall be reduced by the amount of one dollar\\nfor each four dollars, or part thereof, of the excess, except that in no\\nevent shall the award be less than one thousand dollars.\\n 4. The provisions of this section shall only apply to any recipient\\nwho receives his or her first award payment prior to the nineteen\\nhundred eighty-five--nineteen hundred eighty-six academic year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "674", "title" : "Regents veterans with war service scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "674", "activeDate" : "2014-09-22", "sequenceNo" : 499, "repealedDate" : null, "fromSection" : "674", "toSection" : "674", "text" : " § 674. Regents veterans with war service scholarships. 1. Number and\\ncertification. Six hundred regents veterans with war service\\nscholarships shall be awarded for study beginning with the college year\\nnineteen hundred seventy-five--nineteen hundred seventy-six, to eligible\\nstudents certified to the president by the commissioner.\\n 2. Residence. Notwithstanding any provision of this article to the\\ncontrary, for such scholarship the only residence requirement for\\neligibility is that an applicant must have been a legal resident of New\\nYork state at the time of entry into the armed forces and must currently\\nbe a legal resident.\\n 3. Duration. Each such scholarship shall entitle the recipient thereto\\nto an annual award for each of four academic years of full-time or\\npart-time study, as defined by the commissioner pursuant to article\\nthirteen, at a college or at a business, professional, vocational,\\ntechnical or trade school licensed or approved by the regents. If all of\\na scholarship holder's attendance is less than full-time, as so defined,\\npayments may be made for a total period not to exceed five academic\\nyears.\\n 4. Amount. Notwithstanding any provisions of this article to the\\ncontrary, the president shall make academic year awards in the amounts\\nprovided in this subdivision. The recipient shall be entitled to a\\nmaximum award of three hundred fifty dollars for each semester or term\\nof full-time or part-time study, but not to exceed the cost of tuition\\nand educational fees for such study. However, the aggregate award for a\\nsingle academic year shall not exceed three hundred fifty dollars, or\\nfive hundred twenty-five dollars if the recipient is in continuous\\nattendance during the entire academic year, including the summer term,\\nand the total aggregate payment under this subdivision shall in no case\\nexceed one thousand four hundred dollars.\\n 5. Leave of absence. Notwithstanding any provision of the article to\\nthe contrary, if an award is paid the recipient under this subdivision\\nfor any semester, quarter or term of attendance during an academic year,\\nthen a leave of absence shall not be required for non-attendance during\\nany part of the balance of such academic year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "675", "title" : "Empire state challenger scholarships for teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "675", "activeDate" : "2014-09-22", "sequenceNo" : 500, "repealedDate" : null, "fromSection" : "675", "toSection" : "675", "text" : " § 675. Empire state challenger scholarships for teachers. 1. Number\\nand certification. Three hundred twelve Empire state challenger\\nscholarships for teachers shall be awarded each year. Such scholarships\\nshall be allocated as provided in article thirteen of this chapter to\\neligible students as certified to the president by the commissioner.\\n 2. Duration. Such scholarship shall entitle the recipient to an annual\\naward for not more than four academic years while matriculated in an\\napproved program, as defined by the commissioner pursuant to article\\nthirteen of this chapter. In order to be eligible for an award, a\\nrecipient must be enrolled in an approved program no later than the\\nbeginning of the junior year.\\n 3. Amount. The president shall make academic year awards up to a\\nmaximum amount of three thousand dollars in reimbursement for tuition\\nand fees. An award shall not exceed the amount of such tuition and fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "676", "title" : "Empire state challenger fellowships for teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "676", "activeDate" : "2014-09-22", "sequenceNo" : 501, "repealedDate" : null, "fromSection" : "676", "toSection" : "676", "text" : " § 676. Empire state challenger fellowships for teachers. 1. Number\\nand certification. Two hundred full-time academic study fellowships and\\ntwo hundred part-time academic study fellowships shall be awarded each\\nyear. All such fellowships shall be awarded to eligible students\\ncertified to the president by the commissioner pursuant to article\\nthirteen of this chapter.\\n 2. Duration. Each fellowship award pursuant to paragraph b or c of\\nsubdivision eight of section six hundred five of this chapter shall\\nentitle the recipient to an award for one academic year of full-time\\nstudy while matriculated in an approved graduate program, as defined by\\nthe commissioner pursuant to article thirteen of this chapter. Each\\nfellowship awarded pursuant to paragraph d of subdivision eight of\\nsection six hundred five of this chapter shall entitle the recipient to\\nan award for not more than two academic years of part-time study while\\nmatriculated in any approved graduate program, as defined by the\\ncommissioner pursuant to article thirteen of this chapter. No recipient\\nshall receive an award subsequent to completion of an approved graduate\\nprogram leading to permanent certification as a teacher in the field or\\nfields for which the fellowship was awarded.\\n 3. Amount. The president shall make full-time academic study awards up\\nto a maximum annual amount of four thousand dollars. The president shall\\nmake part-time academic study awards up to a maximum annual amount of\\none thousand dollars. Awards shall not exceed the recipient's cost of\\nattendance at the institution. Cost of the attendance shall mean\\ntuition, required fees, laboratory and other instruction related\\nexpenses, books, transportation, room and board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "677", "title" : "Regents physician loan forgiveness program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-30" ], "docLevelId" : "677", "activeDate" : "2014-09-22", "sequenceNo" : 502, "repealedDate" : null, "fromSection" : "677", "toSection" : "677", "text" : " * § 677. Regents physician loan forgiveness program. 1. Number and\\ncertification. Eighty regents physician loan forgiveness awards shall be\\nawarded each year. Such awards shall be allocated as provided in article\\nthirteen of this chapter to eligible physicians as certified to the\\npresident by the commissioner.\\n 2. Calculation of award amounts. Each award shall consist of two\\nconsecutive annual loan forgiveness payments. Each of the annual\\npayments shall be for an amount equal to the total of undergraduate and\\nmedical school student loan expense or ten thousand dollars whichever is\\nless. The president shall be responsible for calculating the dollar\\namount of each award that eligibile candidates may receive from this\\nprogram. For the purposes of this section, student loan expense shall\\nmean the cumulative total of the annual student loans covering the cost\\nof attendance at an undergraduate institution and/or medical school.\\nInterest paid or due on student loans that an applicant has taken out\\nfor use in paying for such undergraduate and/or medical education shall\\nbe considered eligible for reimbursement under this program.\\n 3. Award disbursement. a. Annual award disbursements shall be the\\nresponsibility of the president and shall occur prior to the beginning\\nof each of the required terms of service as specified in the service\\ncontract. The board of trustees of the higher education services\\ncorporation shall adopt rules and regulations regarding criteria for\\ndetermining successful completion of the service contract and any appeal\\nprocess that may be required to implement this paragraph upon\\nrecommendation of the president in consultation with the commissioner.\\n b. The disbursement of the second annual award shall be dependent upon\\nsuccessful completion of the first year requirement of the service\\ncontract as defined by the president, as well as other criteria set\\nforth in this section.\\n * NB Program terminates per Ch 31/85 § 17, as amended\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "677-A", "title" : "Physician loan repayment program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "677-A", "activeDate" : "2014-09-22", "sequenceNo" : 503, "repealedDate" : null, "fromSection" : "677-A", "toSection" : "677-A", "text" : " § 677-a. Physician loan repayment program. 1. Certification.\\nPhysician loan repayment awards shall be awarded each year. Such awards\\nshall be allocated as provided in article nine of the public health law\\nto eligible physicians as certified to the president by the commissioner\\nof health.\\n 2. Duration. Each award shall entitle the recipient to an annual award\\nand a recipient shall be eligible for no more than two academic years\\nand no more than four years in post-residency placement.\\n 3. Calculation of award amounts. The president shall be responsible\\nfor calculating the dollar amount of each award that eligible candidates\\nmay receive from this program pursuant to section nine hundred three of\\nthe public health law. For the purposes of this section, student loan\\nexpense shall mean the cumulative total of the annual student loans\\ncovering the cost of attendance at an undergraduate institution and/or\\nmedical school. Interest paid or due on student loans that an applicant\\nhas taken out for use in paying for such undergraduate and/or medical\\neducation shall be considered eligible for reimbursement under this\\nprogram.\\n 4. Award disbursement. Annual award disbursements shall be the\\nresponsibility of the president.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "678", "title" : "Regents health care professional opportunity scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-30" ], "docLevelId" : "678", "activeDate" : "2014-09-22", "sequenceNo" : 504, "repealedDate" : null, "fromSection" : "678", "toSection" : "678", "text" : " * § 678. Regents health care professional opportunity scholarships. 1.\\nNumber and certification. One hundred regents health career professional\\nopportunity scholarships shall be awarded each year. Such scholarships\\nshall be allocated as provided in article thirteen of this chapter to\\neligible students as certified to the president by the commissioner.\\n 2. Duration. Such scholarship shall entitle the recipient to an award\\nfor not more than four academic years while matriculated in an approved\\nprogram, as defined by the commissioner pursuant to article thirteen of\\nthis chapter.\\n 3. Amount. The president shall make academic year awards in amounts\\nprovided in this subdivision. The academic year award shall be ten\\nthousand dollars per year, provided, however, that in no event shall the\\naward exceed the actual costs of attendance. Costs of attendance shall\\ninclude tuition, required fees, laboratory and other instruction related\\nexpenses, books, transportation, room and board.\\n * NB Scholarship terminates per ch 31/85 § 17, as amended\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679", "title" : "Regents professional opportunity scholarships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-11-30" ], "docLevelId" : "679", "activeDate" : "2014-09-22", "sequenceNo" : 505, "repealedDate" : null, "fromSection" : "679", "toSection" : "679", "text" : " * § 679. Regents professional opportunity scholarships. 1. Number and\\ncertification. Two hundred twenty regents professional opportunity\\nscholarships shall be awarded each year. Such scholarships shall be\\nallocated as provided in article thirteen of this chapter to eligible\\nstudents as certified to the president by the commissioner.\\n 2. Duration. No recipient shall be eligible to receive an award\\npursuant to this section for more than four academic years unless\\nenrolled in a program of study recognized by the regents as normally\\nrequiring more than four years to complete.\\n 3. Amount. The president shall make academic year awards in amounts\\nprovided in this subdivision. The academic year award shall be up to\\nfive thousand dollars provided however that if family income of the\\napplicant exceeds an amount established by the regents and approved by\\nthe director of the division of the budget for an economically\\ndisadvantaged applicant, the award shall be reduced by the amount of one\\ndollar for each four dollars, or part thereof, of the excess, provided,\\nhowever, that in no event shall the award be less than one thousand\\ndollars, and no award shall exceed the actual costs of attendance. Costs\\nof attendance shall include tuition, required fees, laboratory and other\\ninstruction related expenses, books, transportation, room and board.\\n * NB Scholarship terminates per ch 31/85 § 17, as amended\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P2SP4", "title" : "Other Awards", "docType" : "SUBPART", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-04-21", "2017-08-18", "2018-04-20" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 506, "repealedDate" : null, "fromSection" : "679-A", "toSection" : "679-F", "text" : " SUBPART IV - OTHER AWARDS\\nSection 679-a. New York state licensed social worker loan forgiveness\\n program.\\n 679-b. Primary care practitioner scholarship program.\\n 679-c. Senator Patricia K. McGee nursing faculty scholarship\\n program.\\n 679-d. New York state nursing faculty loan forgiveness incentive\\n program.\\n 679-e. New York state district attorney and indigent legal\\n services attorney loan forgiveness program.\\n 679-f. New York state young farmers loan forgiveness incentive\\n program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679-A", "title" : "New York state licensed social worker loan forgiveness program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18" ], "docLevelId" : "679-A", "activeDate" : "2014-09-22", "sequenceNo" : 507, "repealedDate" : null, "fromSection" : "679-A", "toSection" : "679-A", "text" : " * § 679-a. New York state licensed social worker loan forgiveness\\nprogram. 1. Purpose. The president shall grant student loan forgiveness\\nawards for the purpose of increasing the number of social workers\\nserving in critical human service areas. For the purposes of this\\nsection, the term \"critical human service area\" shall mean an area in\\nNew York state designated by the corporation, in consultation with a\\ncommittee comprised of one representative each from the corporation, the\\ndepartment, the department of health, the department of mental hygiene,\\nand the office of children and family services, provided that such areas\\nshall include, but not be limited to, areas with a shortage of social\\nworkers in home care, health, mental health, substance abuse, aging,\\nHIV/AIDS and child welfare concerns, or communities with multi-lingual\\nneeds.\\n 2. Eligibility. To be eligible for an award pursuant to this\\nsubdivision, applicants shall (a) be licensed as a social worker\\npursuant to article one hundred fifty-four of this chapter; (b) comply\\nwith subdivisions three and five of section six hundred sixty-one of\\nthis part; and (c) have an outstanding student loan debt.\\n 3. Priority. Such awards shall be made annually to applicants in the\\nfollowing priority:\\n (a) First priority shall be given to applicants who have received\\npayment of an award pursuant to this section in a prior year and who, in\\nthe year prior to application, have provided social work services in (i)\\na critical human service area, or (ii) a previously designated critical\\nhuman service area;\\n (b) Second priority shall be given to applicants who have not received\\npayment of an award pursuant to this section in a prior year and who\\nhave provided social work services in a critical human service area in\\nthe year prior to such application; and\\n (c) Third priority shall be given to applicants who are economically\\ndisadvantaged as defined by the corporation.\\n 4. Awards. The corporation shall grant awards in the value of six\\nthousand five hundred dollars to individuals who have provided full-time\\nsocial work services in a critical human service area in the year prior\\nto such application, provided that no recipient shall receive an award\\nthat exceeds the total remaining balance of the student loan debt and\\nthat no recipient shall receive cumulative awards, pursuant to this\\nsection, in excess of twenty-six thousand dollars. Awards shall be\\nwithin the amounts appropriated for such purpose and based on\\navailability of funds.\\n 5. Rules and regulations. The corporation is authorized to promulgate\\nrules and regulations necessary for the implementation of the provisions\\nof this section. In the event that there are more applicants who have\\nthe same priority, as provided in subdivision three of this section,\\nthan there are remaining awards, the corporation shall provide in\\nregulation the method of distributing the remaining number of such\\nawards, which may include a lottery or other form of random selection.\\n * NB Repealed June 30, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679-B", "title" : "Primary care practitioner scholarship program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-22" ], "docLevelId" : "679-B", "activeDate" : "2014-09-22", "sequenceNo" : 508, "repealedDate" : null, "fromSection" : "679-B", "toSection" : "679-B", "text" : " * § 679-b. Primary care practitioner scholarship program. 1.\\nCertification. Primary care practitioner scholarships may be awarded\\nannually, subject to the availability of funds therefor. Such awards\\nshall be allocated pursuant to section nine hundred four of the public\\nhealth law, to eligible students certified to the president by the\\ncommissioner of health.\\n 2. Duration. Each scholarship shall entitle the recipient to an annual\\naward and a recipient shall be eligible for no more than the equivalent\\nof two academic years based on full-time study.\\n 3. Calculation of award amounts. The president shall make annual\\nawards of up to fifteen thousand dollars, but in no event shall the\\naward exceed cost of attendance at the institution. Cost of attendance\\nshall mean tuition, required fees, books, transportation, room and\\nboard.\\n 4. Award disbursement. Annual award disbursements shall be the\\nresponsibility of the president.\\n * NB Terminated July 18, 1996\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679-C", "title" : "Senator Patricia K", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2022-04-15" ], "docLevelId" : "679-C", "activeDate" : "2014-09-22", "sequenceNo" : 509, "repealedDate" : null, "fromSection" : "679-C", "toSection" : "679-C", "text" : " * § 679-c. Senator Patricia K. McGee nursing faculty scholarship\\nprogram. 1. Purpose:\\n a. The president shall grant scholarship awards for the purpose of\\nincreasing the number of educators and adjunct clinical faculty teaching\\nin the field of nursing education in New York state. Such awards shall\\nbe made on a competitive basis, as promulgated by the corporation\\nthrough rules and regulations to applicants who are registered\\nprofessional nurses and are enrolling in an approved program to obtain a\\nmaster's degree in nursing or a doctoral degree that will qualify them\\nas nursing faculty or adjunct clinical faculty.\\n b. To be eligible for an award pursuant to this subdivision,\\napplicants shall (1) be a licensed registered nurse in New York state;\\n(2) enroll in a master's degree program in nursing or doctoral degree\\nprogram that will qualify them as nursing faculty or adjunct clinical\\nfaculty in New York state; (3) agree to practice in New York state as\\nnursing faculty upon completion of such degree program; and (4) comply\\nwith subdivisions three and five of section six hundred sixty-one of\\nthis part.\\n 2. Award conditions and requirements. Scholarships shall be awarded on\\na competitive basis as promulgated by the corporation through rules and\\nregulations to applicants whom the corporation has certified are\\neligible to receive such awards; and who agree to provide not less than\\ntwelve academic credit hours or its equivalent as nursing faculty or\\nclinical teaching service for the duration of at least four years upon\\ncompletion of the degree program.\\n 3. Amount. The corporation shall grant such awards within the amounts\\nappropriated for such purpose and based on availability of funds\\naccording to a schedule to be determined by the corporation in an\\namount:\\n a. equal to the tuition charged to state resident students attending a\\nmaster's degree program in nursing or doctoral degree program that will\\nqualify them as nursing faculty or adjunct clinical faculty at the state\\nuniversity of New York; the average mandatory fees charged at the state\\nuniversity of New York, or the actual tuition and fees charged to the\\nrecipient, whichever is less; and the average non-tuition cost of\\nattendance, as determined by the corporation and as approved by the\\ndirector of the budget, for a student at the state university of New\\nYork or actual non-tuition cost of attendance at such institution,\\nwhichever is less, provided that the scholarship shall not exceed an\\namount that is equal to the total cost of attendance determined for\\nfederal Title IV student financial aid purposes, less all other\\nscholarships and grants provided by New York state, other states, the\\nfederal government, or other governments, and the amount of educational\\nbenefits paid under any program that would duplicate the purposes of\\nthis program, provided that any scholarships or grants provided to a\\nrecipient by the institution which are intended to fund any portion of\\nthe difference between the annual state award and the actual costs of\\nattendance at any such institution shall not be considered to duplicate\\nthe purposes of this program.\\n b. The total cost of the Senator Patricia K. McGee nursing faculty\\nscholarship program shall not exceed an annual cost of two million\\ndollars, and no annual award shall exceed twenty thousand dollars.\\n 4. Other awards. Award recipients shall be eligible to apply for other\\nawards.\\n 5. Penalties for noncompliance. a. The corporation shall convert to a\\nstudent loan the full amount of the award given pursuant to this\\nsection, plus interest, according to a schedule to be determined by the\\ncorporation if: (1) three years after the completion of the degree\\nprogram it is found that an applicant did not begin to provide nursing\\nfaculty or clinical nurse faculty services; (2) if such applicant does\\nnot provide nursing faculty or clinical nursing faculty services for\\nfour years within seven years of the completion of the master's degree\\nprogram in nursing or doctoral degree; or (3) the student fails to\\nreceive a master's degree in nursing or doctoral degree that will\\nqualify them as nursing faculty or adjunct clinical faculty within the\\nthree years of receiving the award.\\n b. The rate of interest charged for repayment of the student loan\\nshall be determined pursuant to rules and regulations promulgated by the\\ncorporation.\\n * NB Repealed June 30, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679-D", "title" : "New York state nursing faculty loan forgiveness incentive program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18" ], "docLevelId" : "679-D", "activeDate" : "2014-09-22", "sequenceNo" : 510, "repealedDate" : null, "fromSection" : "679-D", "toSection" : "679-D", "text" : " * § 679-d. New York state nursing faculty loan forgiveness incentive\\nprogram. a. Purpose. (1) The president shall grant student loan\\nforgiveness awards for the purpose of increasing the number of educators\\nand adjunct clinical faculty teaching in the field of nursing education\\nin New York state. Such awards shall be made on a competitive basis as\\npromulgated by the corporation through rules and regulations, to\\napplicants who are registered professional nurses with previous clinical\\nexperience in nursing who have completed a masters program in nursing or\\ndoctoral degree that qualified them as nursing faculty or adjunct\\nclinical faculty.\\n (2) To be eligible for an award pursuant to this subdivision,\\napplicants shall (i) be licensed as a registered professional nurse;\\n(ii) have an outstanding student loan debt from a nursing degree program\\nacquired on or after January first, two thousand one; (iii) have a\\nmaster's degree in nursing or doctoral degree that qualified them as\\nnursing faculty or adjunct clinical faculty; (iv) be employed as a\\nfaculty member at a nursing school located in New York state; and (v)\\ncomply with subdivisions three and five of section six hundred sixty-one\\nof this part.\\n (3) An award of eight thousand dollars shall be made annually to\\nrecipients who have provided classroom or clinical instruction of not\\nless than twelve academic credit hours, or its equivalent, as nursing\\nfaculty or in clinical teaching service in the academic year preceding\\nthe granting of the award, provided that no recipient shall receive\\ncumulative awards, pursuant to this section, in excess of forty thousand\\ndollars.\\n (4) Other awards. Award recipients shall be eligible to apply for\\nother awards.\\n b. Duration. Loan forgiveness awards shall be made annually to\\napplicants whom the corporation has certified are eligible to receive\\nsuch awards and have provided nursing faculty or clinical nurse faculty\\nservices required pursuant to this article; provided that no award shall\\nbe granted for more than five years.\\n c. Amount. The corporation shall grant such awards within the amounts\\nappropriated for such purpose and based on availability of funds in an\\namount not to exceed the total cost of the student loan debt.\\n * NB Repealed June 30, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679-E", "title" : "New York state district attorney and indigent legal services attorney loan forgiveness program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "679-E", "activeDate" : "2014-09-22", "sequenceNo" : 511, "repealedDate" : null, "fromSection" : "679-E", "toSection" : "679-E", "text" : " § 679-e. New York state district attorney and indigent legal services\\nattorney loan forgiveness program. 1. Purpose. The president shall grant\\nstudent loan forgiveness awards for the purpose of increasing the number\\nof experienced attorneys serving in the position of district attorney or\\nindigent legal services attorney in the counties of the state.\\n 2. Definitions. a. (i) \"Eligible attorney\" means an attorney, who is a\\nresident of and is admitted to practice law in New York state, who is\\nemployed full-time as either a district attorney, as defined in\\nsubparagraph (ii) of this paragraph, or an indigent legal services\\nattorney, as defined in subparagraph (iii) of this paragraph, who is\\nadmitted to practice law in this state for not more than eleven years or\\nwho was within the eligible period as defined in paragraph b of this\\nsubdivision during the time for which such person is seeking a student\\nloan expense grant. Notwithstanding the foregoing, an eligible attorney\\nshall include those district attorney applicants who were awarded\\nprogram eligibility and who provided qualified service between April\\nfirst, two thousand eight and March thirty-first, two thousand eleven;\\nsuch an eligible attorney shall remain eligible to participate in the\\nprogram provided they are within an eligible period measured from six\\nyears from the date which such attorney was first employed as a district\\nattorney.\\n (ii) \"District attorney\" means the district attorney of one of the\\ncounties of the state or an employee of the office of any such district\\nattorney.\\n (iii) \"Indigent legal services attorney\" means an attorney who is an\\nemployee of (A) any agency designated by subdivisions one and two of\\nsection seven hundred twenty-two of the county law, who is engaged in\\nthe practice of criminal law on behalf of persons charged with a crime\\nwho are financially unable to obtain counsel; (B) a not-for-profit\\ncorporation that is exempt from the payment of federal income taxes\\npursuant to section 501(c)(3) of the internal revenue code and\\nestablished for the purpose of providing legal services that include\\ncivil legal services to persons within New York state who are\\nfinancially unable to obtain counsel; or (C) an agency specified in\\nclause (A) of this subparagraph and/or a corporation specified in clause\\n(B) of this subparagraph and who provides a combination of the civil and\\ncriminal services specified therein.\\n b. \"Eligible period\" means the six-year period after completion of the\\nthird year and before the commencement of the tenth year of employment\\nas an eligible attorney. For purposes of this section, all periods of\\ntime during which an admitted attorney was employed as an eligible\\nattorney and all periods of time during which a law school graduate\\nawaiting admission to the New York state bar was employed by a\\nprosecuting or criminal defense agency as permitted by section four\\nhundred eighty-four of the judiciary law shall be combined.\\n c. \"Student loan expense\" means the total loan balance required to be\\npaid by the eligible attorney on the cumulative total of the attorney's\\noutstanding student loans covering his or her cost of attendance at an\\nundergraduate institution and/or law school, at the time of the\\nattorney's first application for reimbursement. Interest paid or due on\\nsuch loans shall be considered eligible for reimbursement under this\\nprogram. For purposes of this calculation, the amount of the student\\nloan expenses shall be reduced by any grants, loan forgiveness, or\\nsimilar reductions to the attorney's indebtedness that the attorney has\\nreceived or shall receive, including, but not limited to, law school\\nloan forgiveness and public service scholarships.\\n d. \"Year of qualified service\" means the twelve month period measured\\nfrom the anniversary of the attorney's employment as an eligible\\nattorney, or as a law school graduate awaiting admission to the New York\\nstate bar employed by a prosecuting or criminal defense agency as\\npermitted by section four hundred eighty-four of the judiciary law,\\nadjusted for any interruption in employment. Any period of temporary\\nleave from service taken by an eligible attorney shall not be considered\\nin the calculation of qualified service. However, the period of\\ntemporary leave shall be considered an interruption in employment and\\nthe calculation of the time period of qualified service shall recommence\\nwhen the eligible attorney returns to full time service.\\n 3. Awards. a. An eligible attorney may apply for reimbursement after\\nthe completion of each year of qualified service provided however that\\nreimbursement to each eligible attorney shall not exceed three thousand\\nfour hundred dollars, per qualifying year, subject to appropriations\\navailable therefor. The president may establish: (i) an application\\ndeadline and (ii) a method of selecting recipients if in any given year\\nthere are insufficient funds to cover the needs of all the applicants.\\nAwards shall be within the amounts appropriated for such purpose and\\nbased on availability of funds.\\n b. An eligible attorney may apply after the completion of the fourth\\nyear of qualified service, and annually thereafter after the completion\\nof the fifth through ninth year of qualified service, and may seek a\\nstudent loan expense grant for only the previous year of qualified\\nservice within the time periods prescribed by the president. An eligible\\nattorney may receive student loan expense grants for no more than six\\nyears of qualified service within an eligible period.\\n 4. Rules and regulations. The president shall promulgate rules and\\nregulations for the administration of this program. The president may\\npromulgate rules and regulations to delegate to the entities employing\\nthe eligible attorneys the responsibility to certify the employment\\nstatus and the student loan balance of the applicants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "679-F", "title" : "New York state young farmers loan forgiveness incentive program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-03", "2022-04-15", "2022-11-25", "2023-02-24" ], "docLevelId" : "679-F", "activeDate" : "2014-09-22", "sequenceNo" : 512, "repealedDate" : null, "fromSection" : "679-F", "toSection" : "679-F", "text" : " * § 679-f. New York state young farmers loan forgiveness incentive\\nprogram. 1. Purpose. The president shall grant student loan forgiveness\\nawards for the purpose of alleviating the burden of student loan debt\\nfor young farmers. Such awards shall be made on a competitive basis, in\\naccordance with rules and regulations promulgated by the corporation for\\nsuch purposes, to applicants who meet the eligibility criteria. Such\\nrules and regulations shall include provisions for the consideration of\\napplicants who are economically disadvantaged.\\n 2. Eligibility. To be eligible for an award pursuant to this section,\\napplicants shall: (a) have graduated and obtained a degree from an\\napproved New York state college or university; (b) have an outstanding\\nstudent loan debt from obtaining such degree; (c) operate a farm in New\\nYork state on a full-time basis; (d) agree to operate such farm for the\\nduration of no less than five years; (e) apply for this program within\\ntwo years of college graduation; and (f) comply with subdivisions three\\nand five of section six hundred sixty-one of this part.\\n 3. Awards. No greater than ten awards shall be granted to qualified\\napplicants in the amount of up to ten thousand dollars per year, per\\napplicant, not to exceed a duration of five years and not to exceed the\\ntotal amount of such applicant's student loan debt. The corporation\\nshall grant such awards within amounts appropriated for such purposes\\nand based on the availability of funds. No one applicant shall receive\\nmore than a total of fifty thousand dollars upon the end of a five year\\nperiod.\\n 4. Priority. First priority shall be given to applicants who are\\ncompleting the second, third, fourth or fifth year of full-time farm\\noperation and are re-applying to receive an award under this program.\\nSecond priority shall be given to an applicant who can demonstrate\\neconomic need but did not receive an award during the first year of this\\nprogram's operation. If larger numbers of applicants are eligible\\npursuant to this subdivision than funds available, applicants shall be\\nchosen pursuant to rules and regulations promulgated by the corporation.\\nProvided, however, that each applicant chosen shall receive an award of\\nup to ten thousand dollars in each year such applicant is accepted into\\nthe program.\\n * NB Effective September 27, 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P3", "title" : "Student Loans", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 513, "repealedDate" : null, "fromSection" : "680", "toSection" : "683-B", "text" : " PART III\\n STUDENT LOANS\\nSection 680. Powers and duties.\\n 681. Capacity of minors.\\n 681-a. Guaranteed student loans; special requirements.\\n 683-a Sale of student loan; notification to borrower.\\n 683-b. Information furnished by the state tax commission and the\\n comptroller.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "680", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "680", "activeDate" : "2014-09-22", "sequenceNo" : 514, "repealedDate" : null, "fromSection" : "680", "toSection" : "680", "text" : " § 680. Powers and duties. 1. In furtherance of the purposes set forth\\nin this article, the corporation, acting by and through its board, shall\\nhave the following additional powers:\\n a. To lend money in compliance with applicable federal law and\\nregulation, and upon such terms as the board may prescribe (1) to\\npersons who are attending or plan to attend colleges or career education\\ninstitutions in this state or (2) to persons who are residents of this\\nstate and who are attending or plan to attend colleges or career\\neducation institutions outside the state or (3) to persons on behalf of\\neligible dependents who are attending or plan to attend colleges or\\ncareer education institutions in the state or (4) to persons who are\\nresidents of this state on behalf of eligible dependents who are\\nattending or plan to attend colleges or career education institutions\\noutside the state; and\\n b. To guarantee the loan of money in compliance with applicable\\nfederal law and regulation, and upon such terms as the board may\\nprescribe by banks, savings banks, savings and loan associations,\\npension funds, credit unions, colleges, career education institutions,\\nand insurance companies (1) to persons who are attending or plan to\\nattend colleges or career education institutions in this state or (2) to\\npersons who are residents of this state and who are attending or plan to\\nattend colleges or career education institutions outside the state or\\n(3) to persons on behalf of eligible dependents who are attending or\\nplan to attend colleges or career education institutions in the state or\\n(4) to persons who are residents of this state on behalf of eligible\\ndependents who are attending or plan to attend colleges or career\\neducation institutions outside the state. Loans under this paragraph are\\nmade under the authority of the federal student aid programs; and\\n c. To enter into cooperative agreements, subject to the approval of\\nthe board of trustees and the director of the budget, with other\\nentities, including, but not limited to, other states, the federal\\ngovernment, and post-secondary institutions, to establish, administer,\\nand operate federal student aid programs. Notwithstanding the provisions\\nof paragraphs a and b of this subdivision, the corporation is\\nauthorized, pursuant to such cooperative agreements, to provide federal\\nstudent aid services to students and families who are not residents of\\nNew York state.\\n 2. The board shall adopt rules and regulations, consistent with\\nfederal and state law, governing the programs administered by the\\ncorporation pursuant to this part including, but not limited to the\\napplication, granting, payment and repayments of loans made or\\nguaranteed by the corporation. Further, the board shall adopt rules and\\nregulations consistent with federal and state law governing the\\nparticipation of a college or career education institution in the\\nprograms established by this part, including procedures for the\\nlimitation, suspension or termination of such participation after notice\\nand opportunity for a hearing, due to the violation or failure to carry\\nout any rule or regulation prescribed by the board.\\n 3. The president of the higher education services corporation shall\\nensure that information regarding training, employment services and\\nemployment opportunities, including opportunities for programs available\\nwithout cost through the job opportunities and basic skills program, is\\nprovided to any person determined to be a recipient of public\\nassistance. The commissioner of social services shall ensure that such\\ninformation is made available to the higher education services\\ncorporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "681", "title" : "Capacity of minors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "681", "activeDate" : "2014-09-22", "sequenceNo" : 515, "repealedDate" : null, "fromSection" : "681", "toSection" : "681", "text" : " § 681. Capacity of minors. Any person otherwise qualifying for a loan\\nfrom the corporation, or qualifying for a loan guaranteed by the\\ncorporation, shall not be disqualified by reason of his being under the\\nage of eighteen years and for the purposes of applying for, receiving\\nand repaying such a loan any such person shall be deemed to have full\\nlegal capacity to act; provided, however, that the signature of both\\nparents of an applicant not meeting emancipated status requirements\\nshall be required for the purposes of receiving such a loan unless the\\npresident determines in accordance with rules and regulations to be\\npromulgated by the board that unusual family circumstances preclude the\\navailability of such signatures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "681-A", "title" : "Guaranteed student loans; special requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "681-A", "activeDate" : "2014-09-22", "sequenceNo" : 516, "repealedDate" : null, "fromSection" : "681-A", "toSection" : "681-A", "text" : " § 681-a. Guaranteed student loans; special requirements. 1. As used in\\nthis section:\\n (a) \"Federal guaranteed student loan program\" shall mean the program\\nof the United States government making low interest loans available to\\nstudents or parents of students to pay for their cost of attending\\npost-secondary institutions established under Title IV, Part B of the\\nHigher Education Act of nineteen hundred sixty-five, as amended, or any\\nsuccessor statute.\\n (b) \"Guaranteed student loan\" shall mean a loan made by a lender to a\\nstudent who is resident of and is attending an institution in this state\\nor a parent of such a student under and pursuant to the federal\\nguaranteed student loan program.\\n (c) \"Lender\" shall mean a bank, savings and loan association, credit\\nunion, pension fund, insurance company, school or state lending agency\\nparticipating in such federal guaranteed student loan program.\\n (d) \"Guarantee agency\" shall mean any state agency or not-for-profit\\ncorporation which has entered into an agreement with the United States\\nsecretary of education to guarantee loans made under the federal\\nguaranteed student loan program and which guarantees loans made to\\nresidents of this state attending institutions in this state.\\n (e) \"Institution\" shall mean any post-secondary institution, including\\na vocational school, participating in the federal guaranteed student\\nloan program.\\n 2. (a) Any individual, institution, lender or guarantee agency which\\nshall provide a student with an application for a guaranteed student\\nloan shall advise the student prior to his or her execution of such\\napplication that it is for such a loan. Any application for such a loan\\nprovided to a student shall contain, on its face in bold faced, sixteen\\npoint size print, the following statement: \"This is an application for a\\nguaranteed student loan. The money loaned to you must be repaid by you\\nin full, with interest, in accordance with the terms of the loan.\\nFailure to repay the loan can adversely affect your credit and result in\\nlegal action against you.\"\\n 3. No institution shall accept from a student an application for a\\nguaranteed student loan if the name of the lender is not prominently set\\nforth in the application.\\n 4. An institution shall not require a student to make an application\\nfor a guaranteed student loan to a particular lender or otherwise select\\nfor the student such lender. An institution may recommend a lender,\\nhowever, in such case, at such time it shall deliver to the student a\\nstatement supplied by the president as to the student's right and\\nability to obtain such loan from other lenders and as to the insurance\\npremiums charged by guarantee agencies on such loans.\\n 5. The corporation, pursuant to its authority to coordinate the\\nstate's administrative effort in student financial aid and loan programs\\nwith those of other levels of government shall develop and maintain\\nrecords of the guaranteed student loans made by lenders to students who\\nare residents of the state attending institutions in this state which\\nare guaranteed by guarantee agencies other than the corporation. It\\nshall obtain and collect from other guarantee agencies, at such times\\nand in such form as the president shall determine, information as to\\nsuch guaranteed student loans which shall include the following: (i) the\\nnumber and total dollar amount of such loans made during the period\\nreported, shown by lender and by institution; (ii) the number and total\\ndollar amount of loans made to students while attending institutions in\\nthis state which were purchased in default during the period reported,\\nshown by lender and by institution; and (iii) the current default rate\\nfor such loans by lender and by institution.\\n 6. Where a violation of this section by a guarantor or an institution\\nother than a public institution of higher education is alleged to have\\noccurred, the attorney general may apply in the name of the people of\\nthe state of New York to the supreme court of the state of New York\\nwithin the judicial district in which such violations are alleged to\\nhave occurred, on notice of five days, for an order enjoining or\\nrestraining commission or continuance of the alleged unlawful acts. In\\nany such proceeding, the court may impose a civil penalty in an amount\\nnot to exceed five thousand dollars. Enforcement of any violation by a\\npublic institution shall be as otherwise authorized by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "683-A", "title" : "Sale of student loan; notification to borrower", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "683-A", "activeDate" : "2014-09-22", "sequenceNo" : 517, "repealedDate" : null, "fromSection" : "683-A", "toSection" : "683-A", "text" : " § 683-a. Sale of student loan; notification to borrower. 1. \"Banking\\ninstitution\" as used in this section shall mean and include all banks,\\ntrust companies, savings banks, savings and loan associations, credit\\nunions and foreign banking corporations whether incorporated, chartered,\\norganized or licensed under the laws of this state or any other state or\\nthe United States.\\n 2. \"Lender\" as used in this section shall mean and include:\\n (a) a national or state chartered bank, mutual savings bank, savings\\nand loan association, or credit union that:\\n (1) is subject to examination and supervision in its capacity as a\\nlender by an agency of the United States or of the state in which its\\nprincipal place of operation is established; and\\n (2) does not make or hold loans to students under the federal\\nguaranteed student loan program that total more than one-half of its\\nconsumer credit loan dollar volume, including home mortgages, unless it\\nis a bank that is wholly owned by a state; or\\n (b) a pension fund as defined in the federal employees retirement\\nincome security act; or\\n (c) an insurance company that is subject to examination and\\nsupervision by an agency of the United States or a state; or\\n (d) in any state, a single agency of the state or a single private\\nnonprofit agency designated by the state; or\\n (e) for purposes only of purchasing and holding loans made by other\\nlenders under the federal guaranteed student loan program, the student\\nloan marketing association or an agency of any state functioning as a\\nsecondary market.\\n 3. \"Guaranteed education loan\" as used in this section shall mean and\\ninclude any loan made for the purpose of financing higher education\\nwhich is made under the authority of Part B of Title IV of the Higher\\nEducation Act of 1965 or under the authority of section six hundred\\neighty of this chapter.\\n 4. Any banking institution or other eligible lender as such terms are\\ndefined in this section which sells a student loan held by it to the\\nfederal student loan marketing association in the manner authorized by\\nthe federal guaranteed student loan program and applicable provisions of\\nfederal law shall be required to provide written notification of such\\nsale to the student borrower by mail not later than the fifteenth day\\nnext succeeding the date of such sale.\\n 5. Whenever a banking institution or other eligible lender as such\\nterms are defined in this section sells a guaranteed education loan to\\nanother banking institution or eligible lender, such selling institution\\nshall notify the borrower in writing within fifteen days of such sale.\\nSuch notice shall include the name and address of the institution which\\nhas purchased such loan. The selling institution shall also notify the\\nNew York state higher education services corporation or other guarantor\\nof such sale. Notice shall include:\\n (a) the name and address of the institution which has purchased the\\nloan; and\\n (b) the name, address and social security number of the borrower and\\nthe borrower's account number.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "683-B", "title" : "Information furnished by the state tax commission and the comptroller", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "683-B", "activeDate" : "2014-09-22", "sequenceNo" : 518, "repealedDate" : null, "fromSection" : "683-B", "toSection" : "683-B", "text" : " § 683-b. Information furnished by the state tax commission and the\\ncomptroller. Information furnished to the New York state higher\\neducation services corporation by the state tax commission and the\\ncomptroller under or as a result of the agreement authorized by section\\none hundred seventy-one-d of the tax law shall be considered\\nconfidential and shall not be disclosed except to such federal\\ndepartment or agency entitled to such information because such\\ndisclosure is necessary for the proper administration of this part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P4", "title" : "Miscellaneous Provisions", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 519, "repealedDate" : null, "fromSection" : "686", "toSection" : "689-A", "text" : " PART IV\\n MISCELLANEOUS PROVISIONS\\nSection 686. Dissolution of corporation.\\n 687. Separability.\\n 688. Construction.\\n 689. Transfer of officers and employees.\\n 689-a. Tuition credits.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "686", "title" : "Dissolution of corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "686", "activeDate" : "2014-09-22", "sequenceNo" : 520, "repealedDate" : null, "fromSection" : "686", "toSection" : "686", "text" : " § 686. Dissolution of corporation. The corporation and its corporate\\nexistence shall continue until terminated by law upon a finding that\\nthere no longer exists any need for such a corporation; provided,\\nhowever, that no such law shall take effect so long as the corporation\\nshall have notes or other obligations outstanding. For the purpose of\\nthis section, any appropriation or advance made to the corporation by\\nthe state, which has not been repaid, shall not be deemed to be an\\noutstanding obligation of the corporation. Upon the dissolution of the\\ncorporation or the cession of its activities all the property and moneys\\nof such corporation shall be disposed of in a manner provided by such\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "687", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "687", "activeDate" : "2014-09-22", "sequenceNo" : 521, "repealedDate" : null, "fromSection" : "687", "toSection" : "687", "text" : " § 687. Separability. If any clause, sentence, subdivision, paragraph,\\nsection or part of this article be adjudged by any court of competent\\njurisdiction to be invalid, such judgment shall not affect, impair or\\ninvalidate the remainder thereof, but shall be confined in its operation\\nto the clause, sentence, subdivision, paragraph, section or part thereof\\ndirectly involved in the controversy in which said judgment shall have\\nbeen rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "688", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "688", "activeDate" : "2014-09-22", "sequenceNo" : 522, "repealedDate" : null, "fromSection" : "688", "toSection" : "688", "text" : " § 688. Construction. To the extent that the provisions of this\\narticle are inconsistent with the provisions of any other general or\\nspecial law, rule, regulation or charter, the provisions of this article\\nshall be controlling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "689", "title" : "Transfer of officers and employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "689", "activeDate" : "2014-09-22", "sequenceNo" : 523, "repealedDate" : null, "fromSection" : "689", "toSection" : "689", "text" : " § 689. Transfer of officers and employees. 1. Officers and employees\\nof state departments and agencies may be transferred to the corporation\\nand officers and employees of the corporation may be transferred to\\nstate departments and agencies without examination and without loss of\\nany civil service status or rights. No such transfer may, however, be\\nmade except with the approval of the head of the state department or\\ndivision involved and the director of the budget and the president of\\nthe corporation and in compliance with the rules and regulations of the\\nstate civil service commission.\\n 2. Promotions from positions in state departments and agencies to\\npositions in the corporation, and vice versa, may be made from\\ninterdepartmental promotion lists resulting from promotion examinations\\nin which both employees of the corporation and employees of the state\\nare eligible to participate.\\n 3. In computing seniority for purposes of promotion or for purposes of\\nsuspension or demotion upon the abolition of positions in the service of\\nthe corporation or in the service of the state, in the case of an\\nemployee of the corporation a period of prior employment in the service\\nof the state shall be counted in the same manner as though such period\\nof employment had been in the service of the corporation, and in the\\ncase of an employee of the state a period of prior employment in the\\nservice of the corporation shall be counted in the same manner as though\\nsuch period of employment had been in the service of the state. For the\\npurposes of the establishment and certification of preferred lists,\\nemployees suspended from the corporation shall be eligible for\\nreinstatement in the service of the state, and employees suspended from\\nthe service of the state shall be eligible for reinstatement in the\\nservice of the corporation, in the same manner as though the corporation\\nwere a department of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "689-A", "title" : "Tuition credits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-04-21", "2017-08-18", "2021-04-23", "2024-04-26", "2024-05-31" ], "docLevelId" : "689-A", "activeDate" : "2014-09-22", "sequenceNo" : 524, "repealedDate" : null, "fromSection" : "689-A", "toSection" : "689-A", "text" : " * § 689-a. Tuition credits. 1. The New York state higher education\\nservices corporation shall calculate a tuition credit for each resident\\nundergraduate student who has filed an application with such corporation\\nfor a tuition assistance program award pursuant to section six hundred\\nsixty-seven of this article, and is determined to be eligible to receive\\nsuch award, and is also enrolled in a program of undergraduate study at\\na state operated or senior college of the state university of New York\\nor the city university of New York where the annual resident\\nundergraduate tuition rate will exceed five thousand dollars. Such\\ntuition credit shall be calculated for each semester, quarter or term of\\nstudy that tuition is charged and tuition for the corresponding\\nsemester, quarter or term shall not be due for any student eligible to\\nreceive such tuition credit until such credit is calculated, the student\\nand school where the student is enrolled is notified of the tuition\\ncredit amount, and such tuition credit is applied toward the tuition\\ncharged.\\n 2. Each tuition credit pursuant to this section shall be an amount\\nequal to the product of the total annual resident undergraduate tuition\\nrate minus five thousand dollars then multiplied by an amount equal to\\nthe product of the total annual award for the student pursuant to\\nsection six hundred sixty-seven of this article divided by an amount\\nequal to the maximum amount the student qualifies to receive pursuant to\\nclause (A) of subparagraph (i) of paragraph a of subdivision three of\\nsection six hundred sixty-seven of this article.\\n * NB Repealed July 1, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14P5", "title" : "The New York Higher Education Loan Program", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 525, "repealedDate" : null, "fromSection" : "690", "toSection" : "694-B", "text" : " PART V\\n THE NEW YORK HIGHER EDUCATION LOAN PROGRAM\\nSection 690. Definitions.\\n 691. Powers and duties.\\n 692. Education loans; special requirements.\\n 693. Repayment of loans.\\n 694. Sale of education loans.\\n 694-a. Miscellaneous.\\n 694-b. Reporting.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "690", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "690", "activeDate" : "2014-09-22", "sequenceNo" : 526, "repealedDate" : null, "fromSection" : "690", "toSection" : "690", "text" : " § 690. Definitions. As used in this part, the following terms shall\\nhave the following meanings unless otherwise specified:\\n 1. \"Education loan\" shall mean any loan that is made under this\\nprogram to finance or refinance higher education expenses at an eligible\\ncollege.\\n 2. \"Eligible borrower\" or \"borrower\" shall mean (i) a student who is a\\nresident of New York state attending, or accepted for enrollment at, an\\neligible college, or (ii) the parent, legal guardian, or sponsor, as\\ndefined by the corporation in regulation, of a student attending, or\\naccepted for enrollment at, an eligible college who is a resident of New\\nYork state, and who obtains an education loan from a lending institution\\nto pay for or finance higher education expenses under this program.\\n 3. \"Eligible college\" shall mean a post-secondary institution, located\\nwithin New York state, eligible for funds under Title IV of the Higher\\nEducation Act of nineteen hundred sixty-five, as amended, or successor\\nstatute offering a two-year, four-year, graduate or professional degree\\ngranting or certificate program.\\n 4. \"Eligible co-signer\" shall mean a parent, legal guardian or\\notherwise credit worthy individual over twenty-one years of age who\\nsatisfies applicable credit criteria approved by the corporation and is\\na resident of New York state.\\n 5. \"Higher education expenses\" shall mean the cost of attendance at an\\neligible college and shall include tuition and fees, books, room and\\nboard, and other educationally related expenses, as determined by the\\ncorporation.\\n 6. \"Holder\" shall mean, with respect to an education loan: (i) a\\nlender; (ii) a public benefit corporation authorized to finance the\\npurchase or making of education loans pursuant to the public authorities\\nlaw; or (iii) any assignee of such lender or public benefit corporation.\\n 7. \"Lending institution\" or \"lender\" shall mean any entity that itself\\nor through an affiliate originates education loans, other than an entity\\nauthorized to finance the purchase or making of education loans through\\nthe issuance of bonds pursuant to the public authorities law.\\n 8. \"Program\" shall mean the New York Higher Education Loan Program\\nestablished by this article.\\n 9. \"Student\" shall mean any individual who is enrolled at least\\nhalf-time, as defined by the commissioner, in a two year, four year,\\ngraduate or professional degree granting or certificate program at an\\neligible college.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "691", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "691", "activeDate" : "2014-09-22", "sequenceNo" : 527, "repealedDate" : null, "fromSection" : "691", "toSection" : "691", "text" : " § 691. Powers and duties. In furtherance of the purposes set forth in\\nthis part, the corporation shall have the following additional powers\\nand duties:\\n 1. To market, originate, disburse, service, collect, administer,\\nguarantee, secure, finance, and purchase education loans not in default\\nstatus made under this program or contract for these services.\\n 2. To purchase defaulted education loans made under this program.\\n 3. To establish and maintain one or more default reserve funds and\\naccounts within such funds, in accordance with the terms of this\\nprogram.\\n 4. To develop and administer or contract to administer one or more\\nfinancial literacy programs.\\n 5. To provide or contract to provide default aversion services.\\n 6. To establish criteria for eligible colleges, lenders, and other\\nentities such as, but not limited to, servicers, and to enter into\\nparticipation agreements with any such eligible colleges, lenders, and\\nother entities and any entity authorized to finance the purchase or\\nmaking of education loans through the issuance of bonds pursuant to the\\npublic authorities law, and any subsequent purchaser of education loans\\nmade under this program.\\n 7. To establish criteria for all lender underwriting, education loan\\npurchases, servicing and default insurance payments.\\n 8. To establish criteria for the distribution of education loans made\\nunder this program.\\n 9. To audit lenders, servicers, holders, and eligible colleges for\\nprogram compliance.\\n 10. To adopt rules and regulations to implement this program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "692", "title" : "Education loans; special requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "692", "activeDate" : "2014-09-22", "sequenceNo" : 528, "repealedDate" : null, "fromSection" : "692", "toSection" : "692", "text" : " § 692. Education loans; special requirements. In any year in which\\nfixed rate education loans are to be acquired using the proceeds of\\nbonds issued by the state of New York mortgage agency or other public\\nbenefit corporation authorized to issue bonds for the purposes of this\\nprogram, preference shall be given to education loans made to eligible\\nborrowers for the benefit of students who demonstrate financial need\\nbased on such student's family gross income, pursuant to rules and\\nregulations promulgated by the corporation after consultation with the\\nstate of New York mortgage agency or other public benefit corporation\\nauthorized to issue bonds for the purposes of this program. 1. Terms and\\nconditions. (a) eligible borrowers shall apply for education loans under\\nthis program on forms prescribed by the corporation;\\n (b) except as may be provided by regulation, a student for whom an\\neducation loan is made shall be required to first apply for and exhaust:\\n(i) their maximum eligibility of loans under the Federal Family\\nEducation Loan Program (FFELP) and the Federal Direct Student Loan\\nProgram (FDSLP), excluding PLUS loans; (ii) any other federal student\\naid, other than HEAL loans and other aid permitted by the corporation to\\nbe excluded; (iii) any state student aid; and (iv) any other student aid\\nas prescribed by the corporation before being eligible for any education\\nloan under this program;\\n (c) borrowers shall successfully complete a financial literacy course\\nas prescribed by the corporation;\\n (d) student borrowers must apply for education loans under this\\nprogram with an eligible co-signer;\\n (e) a borrower, or co-signer, who is in default on an education loan\\nmade under this program, the Federal Family Education Loan Program, the\\nWilliams D. Ford Program, or has failed to comply with the terms and\\nconditions of any award under this article and has failed to\\nsatisfactorily cure such default or non-compliance as prescribed by\\napplicable law or regulation shall be ineligible to receive a loan under\\nthis program, and shall further be ineligible for any other state\\nstudent aid while in default on an education loan made under this\\nprogram; and\\n (f) participating eligible colleges, lending institutions, and other\\nparticipants in this program shall be required to enter into a\\nparticipation agreement with the corporation and comply with all\\nreporting and processing requirements and procedures as established by\\nthe corporation. These participation agreements shall contain such other\\nspecific terms and conditions of the program as shall be determined by\\nthe corporation.\\n 2. Citizenship. A borrower must be (a) a citizen of the United States,\\nor\\n (b) an alien lawfully admitted for permanent residence in the United\\nStates, or\\n (c) an individual of a class of refugees paroled by the attorney\\ngeneral of the United States under his or her parole authority\\npertaining to the admission of aliens to the United States.\\n 3. Loan limits. Education loans made under this program shall have\\nannual and cumulative loan limits as approved from time to time by the\\ncorporation, subject to the approval of the state of New York mortgage\\nagency, or other public benefit corporation authorized to issue bonds\\nunder the public authorities law for purposes of this program, with\\nrespect to loans that are expected to be financed by such entity.\\n 4. Interest rates. The interest rate of loans made under this program\\nshall be established in a manner that shall be approved at least\\nannually by the corporation, subject to the approval of the state of New\\nYork mortgage agency, or other subject to public benefit corporation\\nauthorized to issue bonds under the public authorities law for purposes\\nof this program, with respect to loans that are expected to be financed\\nby such entity.\\n 5. Default fee. A percentage of the education loan shall be paid as a\\ndefault fee, by or on behalf of the borrower or the lender, in an amount\\nto be established at least annually by the corporation subject to the\\napproval of the state of New York mortgage agency, or other public\\nbenefit corporation authorized to issue bonds under the public\\nauthorities law for purposes of this program, with respect to loans that\\nare expected to be financed by such entity. The default fee established\\nby the corporation, subject to the approval of the state of New York\\nmortgage agency, or other public benefit corporation authorized to issue\\nbonds under the public authorities law for purposes of this program,\\nwith respect to education loans that are expected to be financed by such\\nentity, shall be a percentage of the principal amount of such loans, as\\ndetermined by the corporation, that, together with other amounts on\\ndeposit in the applicable default reserve fund, shall not exceed an\\namount sufficient to ensure that the balance of such funds satisfies the\\nobligations of such default reserve fund and permits such loans to be\\nfinanced. This fee may be considered part of the cost of attendance for\\nthe purposes of calculating the loan amount for this program and shall\\nbe transmitted to the corporation in accordance with rules or\\nregulations promulgated by the corporation. The corporation shall\\ndeposit these funds into a designated account within the New York higher\\neducation loan program variable rate default reserve fund, the New York\\nhigher education loan program fixed rate default reserve fund, or the\\nstate of New York mortgage agency New York higher education loan program\\ndefault reserve fund, as applicable.\\n 6. Consolidation. Education loans made pursuant to this program may be\\neligible for consolidation upon the terms and conditions established by\\nthe corporation. Any person consolidating education loans under this\\nprogram shall be considered a borrower for purposes of this part.\\n 7. Default reserve funds. (a) General provisions. One or more default\\nreserve funds shall be established in the custody of the comptroller\\npursuant to sections seventy-eight-a and seventy-eight-b of the state\\nfinance law. One or more default reserve funds shall be established in\\nthe custody of the state of New York mortgage agency pursuant to\\nsubdivision six of section two thousand four hundred five-a of the\\npublic authorities law. These funds shall be used by the corporation to\\npay default claims to participating lenders and holders of education\\nloans made pursuant to this program.\\n (b) Deposits. The corporation shall promptly deposit or transfer into\\nthe New York higher education loan program variable rate default reserve\\nfund created by section seventy-eight-a of the state finance law, the\\nNew York higher education loan program fixed rate default reserve fund\\ncreated by section seventy-eight-b of the state finance law or the state\\nof New York mortgage agency New York higher education loan program\\ndefault reserve fund created by subdivision six of section two thousand\\nfour hundred five-a of the public authorities law, with respect to\\neducation loans, described in such provisions, any moneys received in\\nconnection with this program other than payments of principal and\\ninterest of education loans that are not in default status, including,\\nbut not limited to: (i) default fees; (ii) fees received from eligible\\ncolleges; (iii) funds received for the repayment of defaulted education\\nloans, the unpaid principal, capitalized and unpaid accrued interest of\\nwhich have been paid from the funds, including without limitation all\\nsuch amounts received through the operation of voluntary collection\\nactivities, administrative wage garnishment or credit of tax\\noverpayments less any amounts received for collection fees assessed by\\nthe corporation; (iv) contractual penalties and subsidy fees; (v) any\\namount that may be appropriated to the corporation; (vi) any amount\\nreceived by the corporation or any agent from any other source for\\ndeposit therein; and (vii) interest and investment income earned by the\\nfunds.\\n 8. Lender due diligence. Participating lenders shall be required to\\nperform all due diligence requirements as prescribed by the corporation\\nand incorporated into the participation agreement and into regulations\\npromulgated by the corporation.\\n 9. Eligible college requirements. (a) Participating eligible colleges\\nshall be required to certify loan eligibility upon forms prescribed by\\nthe corporation and incorporated into the participation agreement and\\npursuant to regulations promulgated by the corporation.\\n (b) Participating eligible colleges shall be required to contribute a\\none percent fee prescribed by the corporation, subject to the approval\\nof the state of New York mortgage agency, or other public benefit\\ncorporation authorized to issue bonds under the public authorities law\\nfor purposes of this program, with respect to loans that are expected to\\nbe financed by such entity, based upon the loan dollar volume or have\\nthe contribution made on its behalf, pursuant to the terms of the\\nparticipation agreement. This fee shall be deposited into a designated\\naccount within the New York higher education loan program variable rate\\ndefault reserve fund the New York higher education loan program fixed\\nrate default reserve fund, or the state of New York mortgage agency New\\nYork higher education loan program default reserve fund, as described in\\nsubdivision seven of this section as applicable. This fee, or any other\\ncollege fee, shall not be assessed to the student or eligible borrower\\nin connection with this program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "693", "title" : "Repayment of loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "693", "activeDate" : "2014-09-22", "sequenceNo" : 529, "repealedDate" : null, "fromSection" : "693", "toSection" : "693", "text" : " § 693. Repayment of loans. 1. Terms of repayment. The terms of\\nrepayment of education loans made under this program shall be\\nestablished in rules and regulations promulgated by the corporation\\nsubject to the approval of the state of New York mortgage agency or\\nother public benefit corporation authorized to issue bonds under the\\npublic authorities law for purposes of this program with respect to\\nloans that are expected to be financed by such entity.\\n 2. Grace period. The terms of any grace period for education loans\\nmade under this program shall be established in rules and regulations\\npromulgated by the corporation subject to the approval of the state of\\nNew York mortgage agency or other public benefit corporation authorized\\nto issue bonds under the public authorities law for purposes of this\\nprogram with respect to loans that are expected to be financed by such\\nentity. Notwithstanding, the grace period established shall be no less\\nthan six months.\\n 3. Forbearance and deferments. Education loans made under this program\\nshall be eligible for in-school and military deferments pursuant to\\nrules and regulations promulgated by the corporation, or pursuant to\\nsuch additional deferments and/or forbearance as offered by an eligible\\nlender, in each case, subject to the approval of the state of New York\\nmortgage agency, or other authorized public benefit corporation\\nauthorized to issue bonds under the public authorities law for purposes\\nof this program, with respect to loans that are expected to be financed\\nby such entity. Upon the assignment of a defaulted education loan made\\nunder this program for collection as described in subdivision five of\\nthis section, the borrower shall no longer be eligible for any\\nforbearance or deferments while such loan remains in default.\\n 4. Delinquency. A borrower shall be considered delinquent on an\\neducation loan under this program after thirty days of non-payment. The\\nholder shall notify the corporation promptly after the first day of\\ndelinquency and the corporation shall undertake actions to return the\\nborrower to repayment pursuant to rules and regulations established by\\nthe corporation. Such actions shall include, but not be limited to,\\nattempts at: (i) locating and contacting the borrower and/or co-signer,\\nas applicable, regarding the delinquent status of their loan; (ii)\\nexplaining the account history and clarifying any discrepancies; (iii)\\ncounseling the borrower and/or co-signer, as applicable, regarding all\\navailable repayment options, inducing deferments, and any public\\nassistance available to them; (iv) providing the borrower and/or\\nco-signer, as applicable, with documentation in connection with their\\nloan or loans; (v) informing the borrower and/or co-signer, as\\napplicable, of the consequences of default; and (vi) any other\\nassistance that would prevent a default by a borrower.\\n 5. Default. Any education loan under this program that is delinquent\\nfor one hundred eighty days shall be deemed in default. Upon default,\\nthe holder shall file a claim with the corporation and, if applicable,\\nthe state of New York mortgage agency, for payment from the New York\\neducation loan program variable rate default reserve fund, the New York\\neducation loan program fixed rate default reserve fund, or the state of\\nNew York mortgage agency New York education loan program default reserve\\nfund, as described in subdivision seven of section six hundred ninety\\ntwo of the education law, as applicable, pursuant to regulations\\npromulgated by the corporation. Upon receipt of a claim, the corporation\\nshall notify the borrower that their loan is being assigned to the\\ncorporation for collection. The lender, or holder shall be paid one\\nhundred percent of the outstanding principal, and of the capitalized and\\nunpaid accrued interest. Upon such payment, this amount shall be the\\nprincipal owed by the borrower.\\n All collection payments received by the corporation from a borrower,\\nor on behalf of borrowers, in default on loans made under this program,\\nexcept collection fees shall be deposited into a designated account\\nwithin the New York higher education loan program variable rate default\\nreserve fund, New York higher education loan program fixed rate default\\nreserve fund, or the state of New York mortgage agency New York higher\\neducation loan program default reserve fund, as applicable.\\n 6. Collection fee. The corporation shall assess a collection fee, in\\nan amount to be determined by the corporation at least annually, on all\\ndefaulted education loans under this program. This fee shall be retained\\nby the corporation for the administration of the program. The aggregate\\nannual revenue generated by such fee shall not exceed the actual costs\\nincurred by the corporation, in the preceding year, in collecting a\\ndefaulted loan under this program on which the corporation has paid a\\nclaim, except in the initial year for which such fee shall not exceed\\nthe fee charged by the corporation for the collection of defaulted loans\\nunder the federal family education loan program. Any amounts in excess\\nof actual cost shall be used to reduce the fee charged in the subsequent\\nyear.\\n 7. Administrative wage garnishment. (a) Notwithstanding any provision\\nof law to the contrary, the corporation shall be entitled to garnish the\\ndisposable pay of an individual to collect the amount owed by the\\nindividual, if such individual fails to make required voluntary payments\\nunder a repayment agreement with the corporation, provided that:\\n (i) The amount deducted for any pay period does not exceed fifteen\\npercent of disposable pay. However, the amount deducted for any period\\nmay exceed fifteen percent with the written consent of the individual;\\n (ii) Prior to garnishment the individual shall have been given thirty\\ndays written notice to the individual's last known address advising such\\nindividual of the nature of the obligation, amount of the loan\\nobligation, the corporation's intent to garnish and an explanation of\\nthe individual's rights under this section including the right to\\ninspect and copy records relating to the debt;\\n (iii) The individual shall have been given an opportunity within the\\naforementioned thirty days to enter into a written repayment agreement\\nwith the corporation to avoid garnishment of wages;\\n (iv) The individual shall have been provided an opportunity for a\\nhearing pursuant to the requirements of paragraph (f) of this\\nsubdivision.\\n (b) The individual's employer shall pay to the corporation amounts as\\ndirected in the withholding order and shall be liable for failure to\\ncomply with said order. The corporation may sue an employer in a court\\nof competent jurisdiction to recover from such employer the amount the\\nemployer fails to withhold from the individual's wages following receipt\\nof the order of withholding with interest thereon plus attorneys' fees\\nand costs;\\n (c) The notice of withholding served upon the employer shall contain\\nonly such information as is necessary for the employer to comply with\\nthe withholding order.\\n (d) No amount may be deducted from the wages of an individual who has\\nbeen involuntarily separated from employment and has not been\\ncontinuously employed for twelve months. An individual must prove that\\nseparation from employment was involuntary. Separation due to\\nincarceration shall not qualify as involuntary separation.\\n (e) An employer may not discharge from employment, take disciplinary\\naction against or refuse to employ an individual by reason of the fact\\nthat such individual's wages are subject to an order of withholding.\\nSuch individual may take action against said employer in a court of\\ncompetent jurisdiction for reinstatement, back pay or such further\\nrelief as may be just and necessary.\\n (f) A hearing as described in subparagraph (iv) of paragraph (a) of\\nthis subdivision shall be provided prior to an order of withholding if\\nthe individual submits a written request for a hearing on or before the\\nfifteenth day following the notice described in subparagraph (ii) of\\nparagraph (a) of this subdivision in accordance with procedures set\\nforth by the corporation. If an individual fails to submit a written\\nrequest in the time frame provided, the corporation shall still provide\\na hearing upon receipt of a written request, but such hearing need not\\nbe provided prior to an order of withholding being issued to the\\nemployer. The hearing shall not be conducted by a party under the\\nsupervision or control of the corporation except that nothing shall\\nprohibit the corporation from appointing an administrative law judge. A\\nhearing decision shall be issued no later than sixty days after the\\nfiling of the petition requesting the hearing.\\n (g) For purposes of this section \"disposable pay\" shall mean that part\\nof the compensation of any individual from an employer remaining after\\ndeduction of amounts required to be withheld by law.\\n (h) All funds received through administrative wage garnishment shall\\nbe deposited into a designated account within the New York higher\\neducation loan program variable rate default reserve fund, the New York\\nhigher education loan program fixed rate default reserve fund, or the\\nstate of New York mortgage agency New York higher education loan program\\ndefault reserve fund, as applicable.\\n 8. New York state tax offset. The corporation shall be entitled to\\nreceive credits of New York state tax overpayments pursuant to section\\none hundred seventy-one-d and paragraph three of subdivision (e) of\\nsection six hundred ninety-seven of the tax law with respect to\\ndefaulted education loans under this program. All funds, or credits,\\nreceived through such tax offsets shall be deposited into a designated\\naccount within the New York higher education loan program variable rate\\ndefault reserve fund, the New York higher education loan program fixed\\nrate default reserve fund, or the state of New York mortgage agency New\\nYork higher education loan program default reserve fund, as applicable.\\n 9. Data share. The corporation shall be entitled to receive data from\\nthe New York state department of taxation and finance pursuant to\\nsection one hundred seventy-one-a and paragraph three of subdivision (e)\\nof section six hundred ninety-seven of the tax law with respect to\\ndefaulted education loans under this program.\\n 10. Statute of limitation. Notwithstanding any provision of law to the\\ncontrary, there shall be no statute of limitations to bring suit or\\notherwise collect an education loan under this program. Judgments in\\nfavor of the corporation under this program shall not expire and there\\nshall be no statute of limitations upon which to enforce or collect said\\njudgment.\\n 11. Capacity of minors. Any person otherwise qualifying for an\\neducation loan under this program shall not be disqualified by reason of\\nhis or her being under the age of eighteen years and for the purposes of\\napplying for, receiving and repaying such a loan, any such person shall\\nbe deemed to have full legal capacity to act. The corporation, in\\ncollecting education loans under this program, shall not be subject to a\\ndefense raised by any borrower based on a claim of infancy.\\n 12. Usury. Notwithstanding any provision of law to the contrary the\\nrate or amount of interest or fees payable on education loans made under\\nthis program shall not exceed twenty-five per centum per annum or its\\nequivalent rate for a longer or shorter period.\\n 13. Death and disability discharge. Upon the death of a student, for\\nthe funding of whose higher education expenses an education loan was\\nmade, the education loan made under this program shall be deemed\\ndischarged. If such a student becomes totally and permanently disabled,\\nthe education loan under this program shall be deemed discharged. A\\ntotal or permanent disability shall mean a condition of an individual\\nwho is unable to work and earn money because of an injury or illness\\nthat is expected to continue indefinitely or result in death. The holder\\nof such discharged education loans shall be paid the outstanding\\nprincipal, capitalized and unpaid accrued interest due from the New York\\nhigher education loan program variable rate default reserve fund, the\\nNew York higher education loan program fixed rate default reserve fund,\\nor the state of New York mortgage agency New York higher education loan\\nprogram default reserve fund, as applicable.\\n 14. Bankruptcy. Education loans under this program shall be considered\\nnon-dischargeable pursuant to section 523(a)(8) of the U.S. Bankruptcy\\nCode.\\n 15. Notwithstanding any other provision of law, other than section one\\nthousand six hundred eighty two and section two thousand four hundred\\nfive-a of the public authorities law, a security interest in education\\nloans shall be perfected only by the filing of a financing statement in\\nthe manner provided under section 9-310 of the uniform commercial code,\\nand shall attach and be assigned priority in the manner provided under\\nthe uniform commercial code with respect to security interests perfected\\nby such a filing, and a description of collateral consisting of\\neducation loans in any financing statement shall be conclusively deemed\\nto be legally sufficient if it refers to records identifying such loans\\nretained by the corporation, provided that any such security interest\\nshall be subject to any applicable lien under section two thousand four\\nhundred five-a of the public authorities law. The owner of any education\\nloan shall advise the corporation of any sale or assignment of such loan\\nat the time and in the manner required by the corporation.\\n 16. Notwithstanding any other provision of law, any eligible public\\ncollege or public career education institution is hereby authorized to\\nenter into one or more agreements with the corporation and any entity\\nauthorized to finance education loans pursuant to the public authorities\\nlaw providing for the participation of such college or career education\\ninstitution in the program and to perform or contract the performance of\\nits obligations under any such agreement. Such obligations may include\\nwithout limitation the payment obligations described in this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "694", "title" : "Sale of education loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "694", "activeDate" : "2014-09-22", "sequenceNo" : 530, "repealedDate" : null, "fromSection" : "694", "toSection" : "694", "text" : " § 694. Sale of education loans. 1. The corporation and holders shall\\nbe authorized to enter into one or more agreements for the sale of\\neducation loans made pursuant to this program.\\n 2. Education loan purchases may be financed (i) by bonds issued by the\\nstate of New York mortgage agency, or other entity authorized to issue\\nbonds for such purpose pursuant to the public authorities law, in an\\namount approved by the director of the division of the budget; or (ii)\\nby other non-state sources in amounts established pursuant to an\\nagreement with the corporation.\\n 3. The corporation shall establish the criteria and terms upon which\\nlenders may sell education loans subject to the approval of the state of\\nNew York mortgage agency or any other entity authorized to issue bonds\\nunder this program with respect to loans that are expected to be\\nfinanced by such entity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "694-A", "title" : "Miscellaneous", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "694-A", "activeDate" : "2014-09-22", "sequenceNo" : 531, "repealedDate" : null, "fromSection" : "694-A", "toSection" : "694-A", "text" : " § 694-a. Miscellaneous. 1. No education loan shall be deemed subject\\nto section one hundred eight of the banking law, to article nine of the\\nbanking law or to any other provisions of law governing the\\nqualifications to make loans or the terms or conditions of loans\\ndescribed in this part, including, without limitation, the interest\\nrates, fees and charges applicable thereto. Neither the corporation nor\\nany entity authorized to finance education loans pursuant to the public\\nauthorities law shall be subject to any licensing requirements in\\nconnection with its education lending activities. No entity shall be\\nconsidered a lender for purposes of any other provision of law solely as\\na result of its interest in an education loan made under this part.\\n 2. Funds may be appropriated to the corporation and/or the state of\\nNew York mortgage agency, or other entity authorized to issue bonds\\nunder this program, for the administration of this program.\\n 3. Interest paid on education loans made under this program shall be\\nallowed as a deduction in computing the net taxable income of any such\\nperson for purposes of any income or franchise tax imposed by the state\\nor any political subdivision thereof.\\n 4. Any agreement of an entity authorized to issue bonds under the\\npublic authorities law for purposes of this program to acquire education\\nloans from a lender shall be subject to the availability to such entity\\nof funding for such purpose upon terms and conditions approved by such\\nentity and shall not require the expenditure by such entity of funds\\nfrom any source other than amounts obtained through the issuance of\\nbonds or notes, including earnings thereon, and any appropriations\\nthereof.\\n 5. The corporation, the state of New York mortgage agency, any lender,\\nand any public benefit corporation authorized to issue bonds under the\\npublic authorities law for the purposes of this program shall not be\\nsubject to Title 5 of the general obligations law with respect to\\neducation loans and such education loans shall not be subject to such\\ntitle.\\n 6. To the extent that the provisions of this part are inconsistent\\nwith the provisions of any other part of this article, the provisions of\\nthis part shall be controlling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "694-B", "title" : "Reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "694-B", "activeDate" : "2014-09-22", "sequenceNo" : 532, "repealedDate" : null, "fromSection" : "694-B", "toSection" : "694-B", "text" : " § 694-b. Reporting. The corporation, after consultation with the state\\nof New York mortgage agency, and any other public benefit corporation\\nthat shall have issued bonds under the public authorities law for\\npurposes of this program, with respect to loans that have been financed\\nby or that are expected to be financed by such entity, shall report\\nannually with respect to education loans made under this program for the\\nprior academic year to the governor, the temporary president of the\\nsenate, the speaker of the assembly, the director of the division of the\\nbudget, the senate finance committee, the assembly ways and means\\ncommittee and the standing committees of the legislature having\\njurisdiction of higher education on the number and characteristics of\\nstudents who received fixed rate and/or variable rate loans under this\\nprogram, including, but not limited to, the interest rate charged, the\\ndefault and collection fees established, the grace period established if\\nother than six months, the number of students who received loans that\\ndemonstrated financial need pursuant to section six hundred ninety-two\\nof this part, the income established by the corporation pursuant to\\nsection six hundred ninety-two of this part, the number of students who\\nreceived fixed rate loans, the number of students who received variable\\nrate loans, the number of default claims received by the corporation,\\nthe number of borrowers subject to administrative wage garnishment, and\\na list of the lenders and holders, if known, who have provided variable\\nrate loans. Such annual report shall be submitted by the first day of\\nDecember following the close of the academic year for which such\\neducation loans were made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A14-A", "title" : "New York State College Choice Tuition Savings Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "14-A", "activeDate" : "2014-09-22", "sequenceNo" : 533, "repealedDate" : null, "fromSection" : "695", "toSection" : "695-G", "text" : " ARTICLE 14-A\\n NEW YORK STATE\\n COLLEGE CHOICE TUITION SAVINGS PROGRAM\\nSection 695. Program established.\\n 695-a. Purposes.\\n 695-b. Definitions.\\n 695-c. Functions of the comptroller and the corporation.\\n 695-d. Powers of the comptroller.\\n 695-e. Program requirements; family tuition account.\\n 695-f. Program limitations; family tuition account.\\n 695-g. Scholarships and financial aid.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695", "title" : "Program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695", "activeDate" : "2014-09-22", "sequenceNo" : 534, "repealedDate" : null, "fromSection" : "695", "toSection" : "695", "text" : " § 695. Program established. There is hereby established the college\\n choice tuition savings program and such program shall be known and may\\n be cited as the \"New York state college choice tuition savings\\n program\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-A", "title" : "Purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-A", "activeDate" : "2014-09-22", "sequenceNo" : 535, "repealedDate" : null, "fromSection" : "695-A", "toSection" : "695-A", "text" : " § 695-a. Purposes. The purposes of the tuition savings program shall\\nbe to authorize the establishment of family tuition accounts and to\\nprovide guidelines for the maintenance of such accounts to:\\n 1. Enable residents of this state and other states to benefit from the\\ntax incentive provided for qualified state tuition programs under the\\nInternal Revenue Code of 1986, as amended; and\\n 2. Attract students to public and private colleges and universities\\nwithin the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-15", "2024-09-13" ], "docLevelId" : "695-B", "activeDate" : "2014-09-22", "sequenceNo" : 536, "repealedDate" : null, "fromSection" : "695-B", "toSection" : "695-B", "text" : " § 695-b. Definitions. As used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Account\" or \"family tuition account\" shall mean an individual\\nsavings account established in accordance with the provisions of this\\narticle.\\n 2. \"Account owner\" shall mean a person who enters into a tuition\\nsavings agreement pursuant to the provisions of this article, including\\na person who enters into such an agreement as a fiduciary or agent on\\nbehalf of a trust, estate, partnership, association, company or\\ncorporation. The account owner may also be the designated beneficiary of\\nthe account.\\n 3. \"Designated beneficiary\" shall mean, with respect to an account or\\naccounts, the individual designated as the individual whose higher\\neducation expenses are expected to be paid from the account or accounts.\\n 4. \"Financial organization\" shall mean an organization authorized to\\ndo business in the state of New York and (a) which is an authorized\\nfiduciary to act as a trustee pursuant to the provisions of an act of\\ncongress entitled \"Employee Retirement Income Security Act of 1974\" as\\nsuch provisions may be amended from time to time, or an insurance\\ncompany; and (b)(i) is licensed or chartered by the department of\\nfinancial services, (ii) is chartered by an agency of the federal\\ngovernment, (iii) is subject to the jurisdiction and regulation of the\\nsecurities and exchange commission of the federal government, or (iv) is\\nany other entity otherwise authorized to act in this state as a trustee\\npursuant to the provisions of an act of congress entitled \"Employee\\nRetirement Income Security Act of 1974\" as such provisions may be\\namended from time to time.\\n 5. \"Eligible educational institution\" shall mean any institution of\\nhigher education defined as an eligible educational institution in\\nsection 529(e)(5) of the Internal Revenue Code of 1986, as amended.\\n 6. \"Member of family\" shall mean a family member as defined in section\\n529 of the Internal Revenue Code of 1986, as amended.\\n 7. \"Program\" shall mean the New York state college choice tuition\\nsavings program established pursuant to this article.\\n 8. \"Qualified higher education expenses\" shall mean any qualified\\nhigher education expense included in section 529 of the Internal Revenue\\nCode of 1986, as amended.\\n 9. \"Qualified withdrawal\" shall mean a withdrawal from an account to\\npay the qualified higher education expenses of the designated\\nbeneficiary of the account at an eligible educational institution.\\n 10. \"Nonqualified withdrawal\" shall mean a withdrawal from an account\\nbut shall not mean:\\n a. a qualified withdrawal;\\n b. a withdrawal made as the result of the death or disability of the\\ndesignated beneficiary of an account; or\\n c. a withdrawal made on the account of a scholarship.\\n 11. \"Corporation\" shall mean the New York state higher education\\nservices corporation.\\n 12. \"Comptroller\" shall mean the comptroller of the state of New York.\\n 13. \"Management contract\" shall mean the contract executed by the\\ncomptroller and a financial organization selected to act as a depository\\nand manager of the program.\\n 14. \"Tuition savings agreement\" shall mean an agreement between the\\ncomptroller or a financial organization and the account owner.\\n 15. \"Program manager\" shall mean a financial organization selected by\\nthe comptroller to act as a depository and manager of the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-C", "title" : "Functions of the comptroller and the corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-C", "activeDate" : "2014-09-22", "sequenceNo" : 537, "repealedDate" : null, "fromSection" : "695-C", "toSection" : "695-C", "text" : " § 695-c. Functions of the comptroller and the corporation. 1. The\\ncomptroller and the corporation shall implement the program under the\\nterms and conditions established by this article and a memorandum of\\nunderstanding relating to any terms or conditions not otherwise\\nexpressly provided for in this article.\\n 2. In furtherance of such implementation the memorandum of\\nunderstanding shall address the authority and responsibility of the\\ncomptroller and the corporation to:\\n a. develop and implement the program in a manner consistent with the\\nprovisions of this article through rules and regulations established in\\naccordance with the state administrative procedure act;\\n b. engage the services of consultants on a contract basis for\\nrendering professional and technical assistance and advice;\\n c. seek rulings and other guidance from the United States Department\\nof Treasury and the Internal Revenue Service relating to the program;\\n d. make changes to the program required for the participants in the\\nprogram to obtain the federal income tax benefits or treatment provided\\nby section 529 of the Internal Revenue Code of 1986, as amended, or any\\nsimilar successor legislation;\\n e. charge, impose, and collect administrative fees and service\\ncharges in connection with any agreement, contract or transaction\\nrelating to the program;\\n f. develop marketing plans and promotion material;\\n g. establish the methods by which the funds held in such accounts be\\ndispersed;\\n h. establish the method by which funds shall be allocated to pay for\\nadministrative costs; and\\n i. do all things necessary and proper to carry out the purposes of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-D", "title" : "Powers of the comptroller", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-D", "activeDate" : "2014-09-22", "sequenceNo" : 538, "repealedDate" : null, "fromSection" : "695-D", "toSection" : "695-D", "text" : " § 695-d. Powers of the comptroller. 1. The comptroller may implement\\nthe program through use of financial organizations as account\\ndepositories and managers. Under the program, individuals may establish\\naccounts directly with an account depository.\\n 2. The comptroller may solicit proposals from financial organizations\\nto act as depositories and managers of the program. Financial\\norganizations submitting proposals shall describe the investment\\ninstrument which will be held in accounts. The comptroller shall select\\nas program depositories and managers the financial organization, from\\namong the bidding financial organizations that demonstrates the most\\nadvantageous combination, both to potential program participants and\\nthis state, of the following factors:\\n a. Financial stability and integrity of the financial organization;\\n b. The safety of the investment instrument being offered;\\n c. The ability of the investment instrument to track increasing costs\\nof higher education;\\n d. The ability of the financial organization to satisfy recordkeeping\\nand reporting requirements;\\n e. The financial organization's plan for promoting the program and the\\ninvestment it is willing to make to promote the program;\\n f. The fees, if any, proposed to be charged to persons for opening\\naccounts;\\n g. The minimum initial deposit and minimum contributions that the\\nfinancial organization will require;\\n h. The ability of banking organizations to accept electronic\\nwithdrawals, including payroll deduction plans; and\\n i. Other benefits to the state or its residents included in the\\nproposal, including fees payable to the state to cover expenses of\\noperation of the program.\\n 3. The comptroller may enter into a contract with a financial\\norganization. Such financial organization management may provide one or\\nmore types of investment instrument.\\n 4. The comptroller may select more than one financial organization for\\nthe program.\\n 5. A management contract shall include, at a minimum, terms requiring\\nthe financial organization to:\\n a. Take any action required to keep the program in compliance with\\nrequirements of section six hundred ninety-five-e of this article and\\nany actions not contrary to its contract to manage the program to\\nqualify as a \"qualified state tuition plan\" under section 529 of the\\nInternal Revenue Code of 1986, as amended;\\n b. Keep adequate records of each account, keep each account segregated\\nfrom each other account, and provide the comptroller with the\\ninformation necessary to prepare the statements required by section six\\nhundred ninety-five-e of this article;\\n c. Compile and total information contained in statements required to\\nbe prepared under section six hundred ninety-five-e of this article and\\nprovide such compilations to the comptroller;\\n d. If there is more than one program manager, provide the comptroller\\nwith such information necessary to determine compliance with section six\\nhundred ninety-five-e of this article;\\n e. Provide the comptroller or his designee access to the books and\\nrecords of the program manager to the extent needed to determine\\ncompliance with the contract;\\n f. Hold all accounts for the benefit of the account owner;\\n g. Be audited at least annually by a firm of certified public\\naccountants selected by the program manager and that the results of such\\naudit be provided to the comptroller;\\n h. Provide the comptroller with copies of all regulatory filings and\\nreports made by it during the term of the management contract or while\\nit is holding any accounts, other than confidential filings or reports\\nthat will not become part of the program. The program manager shall make\\navailable for review by the comptroller the results of any periodic\\nexamination of such manager by any state or federal banking, insurance,\\nor securities commission, except to the extent that such report or\\nreports may not be disclosed under applicable law or the rules of such\\ncommission; and\\n i. Ensure that any description of the program, whether in writing or\\nthrough the use of any media, is consistent with the marketing plan\\ndeveloped in the memorandum of understanding pursuant to the provisions\\nof section six hundred ninety-five-c of this article.\\n 6. The comptroller may provide that an audit shall be conducted of the\\noperations and financial position of the program depository and manager\\nat any time if the comptroller has any reason to be concerned about the\\nfinancial position, the recordkeeping practices, or the status of\\naccounts of such program depository and manager.\\n 7. During the term of any contract with a program manager, the\\ncomptroller shall conduct an examination of such manager and its\\nhandling of accounts. Such examination shall be conducted at least\\nbiennially if such manager is not otherwise subject to periodic\\nexamination by the superintendent of financial services, the federal\\ndeposit insurance corporation or other similar entity.\\n 8. a. If selection of a financial organization as a program manager or\\ndepository is not renewed, after the end of its term:\\n (i) Accounts previously established and held in investment instruments\\nat such financial organization may be terminated;\\n (ii) Additional contributions may be made to such accounts;\\n (iii) No new accounts may be placed with such financial organization;\\nand\\n (iv) Existing accounts held by such depository shall remain subject to\\nall oversight and reporting requirements established by the comptroller.\\n b. If the comptroller terminates a financial organization as a program\\nmanager or depository, he or she shall take custody of accounts held by\\nsuch financial organization and shall seek to promptly transfer such\\naccounts to another financial organization that is selected as a program\\nmanager or depository and into investment instruments as similar to the\\noriginal instruments as possible.\\n 9. The comptroller may enter into such contracts as it deems necessary\\nand proper for the implementation of the program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-E", "title" : "Program requirements; family tuition account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-12-02", "2017-01-13", "2017-08-18", "2019-04-19", "2019-07-19" ], "docLevelId" : "695-E", "activeDate" : "2014-09-22", "sequenceNo" : 539, "repealedDate" : null, "fromSection" : "695-E", "toSection" : "695-E", "text" : " § 695-e. Program requirements; family tuition account. 1. Family\\ntuition accounts established pursuant to the provisions of this article\\nshall be governed by the provisions of this section.\\n 2. A family tuition account may be opened by any person who desires to\\nsave money for the payment of the qualified higher education expenses of\\nthe designated beneficiary. An account owner may designate another\\nperson as successor owner of the account in the event of the death of\\nthe original account owner. Such person who opens an account or any\\nsuccessor owner shall be considered the account owner as defined in\\nsection six hundred ninety-five-b of this article.\\n a. An application for such account shall be in the form prescribed by\\nthe program and contain the following:\\n (i) the name, address and social security number or employer\\nidentification number of the account owner;\\n (ii) the designation of a designated beneficiary;\\n (iii) the name, address, and social security number of the designated\\nbeneficiary; and\\n (iv) such other information as the program may require.\\n b. The comptroller and the corporation may establish a nominal fee for\\nsuch application.\\n 3. Any person, including the account owner, may make contributions to\\nthe account after the account is opened.\\n 4. Contributions to accounts may be made only in cash.\\n 5. An account owner may withdraw all or part of the balance from an\\naccount on sixty days notice or such shorter period as may be authorized\\nunder rules governing the program. Such rules shall include provisions\\nthat will generally enable the determination as to whether a withdrawal\\nis a nonqualified withdrawal or a qualified withdrawal.\\n 6. a. An account owner may change the designated beneficiary of an\\naccount to an individual who is a member of the family of the prior\\ndesignated beneficiary in accordance with procedures established by the\\nmemorandum of understanding pursuant to the provisions of section six\\nhundred ninety-five-c of this article.\\n b. An account owner may transfer all or a portion of an account to\\nanother family tuition account, the subsequent designated beneficiary of\\nwhich is a member of the family as defined in section 529 of the\\nInternal Revenue Code of 1986, as amended.\\n c. Changes in designated beneficiaries and transfers under this\\nsubdivision shall not be permitted to the extent that they would cause\\nall accounts for the same beneficiary to exceed the permitted aggregate\\nmaximum account balance.\\n 7. The program shall provide separate accounting for each designated\\nbeneficiary.\\n 8. No account owner or designated beneficiary of any account shall be\\npermitted to direct the investment of any contributions to an account or\\nthe earnings thereon.\\n 9. Neither an account owner nor a designated beneficiary may use an\\ninterest in an account as security for a loan. Any pledge of an interest\\nin an account shall be of no force and effect.\\n 10. The comptroller shall promulgate rules or regulations to prevent\\ncontributions on behalf of a designated beneficiary in excess of an\\namount that would cause the aggregate account balance for all accounts\\nfor a designated beneficiary to exceed a maximum account balance, as\\nestablished from time to time by the comptroller and the corporation on\\nthe basis of higher education costs in the state, with adequate\\nsafeguards to prevent more contributions than necessary to provide for\\nthe qualified higher education costs of the beneficiary, as required to\\nmaintain the program as a \"qualified tuition program\" under section 529\\nof the Internal Revenue Code of 1986, as amended.\\n 11. a. If there is any distribution from an account to any individual\\nor for the benefit of any individual during a calendar year, such\\ndistribution shall be reported to the Internal Revenue Service and the\\naccount owner, the designated beneficiary, or the distributee to the\\nextent required by federal law or regulation.\\n b. Statements shall be provided to each account owner at least once\\neach year within sixty days after the end of the twelve month period to\\nwhich they relate. The statement shall identify the contributions made\\nduring a preceding twelve month period, the total contributions made to\\nthe account through the end of the period, the value of the account at\\nthe end of such period, distributions made during such period and any\\nother information that the comptroller shall require to be reported to\\nthe account owner.\\n c. Statements and information relating to accounts shall be prepared\\nand filed to the extent required by federal and state tax law.\\n 12. a. A local government or organization described in section\\n501(c)(3) of the Internal Revenue Code of 1986, as amended, may open and\\nbecome the account owner of an account to fund scholarships for persons\\nwhose identity will be determined upon disbursement.\\n b. In the case of any account opened pursuant to paragraph a of this\\nsubdivision the requirement set forth in subdivision two of this section\\nthat a designated beneficiary be designated when an account is opened\\nshall not apply and each individual who receives an interest in such\\naccount as a scholarship shall be treated as a designated beneficiary\\nwith respect to such interest.\\n 13. An annual fee may be imposed upon the account owner for the\\nmaintenance of the account.\\n 14. The program shall disclose the following information in writing to\\neach account owner and prospective account owner of a family tuition\\naccount:\\n a. the terms and conditions for purchasing a family tuition account;\\n b. any restrictions on the substitution of beneficiaries;\\n c. the person or entity entitled to terminate the tuition savings\\nagreement;\\n d. the period of time during which a beneficiary may receive benefits\\nunder the tuition savings agreement;\\n e. the terms and conditions under which money may be wholly or\\npartially withdrawn from the program, including, but not limited to, any\\nreasonable charges and fees that may be imposed for withdrawal;\\n f. the probable tax consequences associated with contributions to and\\ndistributions from accounts; and\\n g. all other rights and obligations pursuant to tuition savings\\nagreements, and any other terms, conditions, and provisions deemed\\nnecessary and appropriate by the terms of the memorandum of\\nunderstanding entered into pursuant to section six hundred ninety-five-c\\nof this article.\\n 15. Tuition savings agreements shall be subject to section fourteen-c\\nof the banking law and the \"truth-in-savings\" regulations promulgated\\nthereunder.\\n 16. Nothing in this article or in any tuition savings agreement\\nentered into pursuant to this article shall be construed as a guarantee\\nby the state or any college that a beneficiary will be admitted to a\\ncollege, or, upon admission to a college will be permitted to continue\\nto attend or will receive a degree from a college.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-F", "title" : "Program limitations; family tuition account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-F", "activeDate" : "2014-09-22", "sequenceNo" : 540, "repealedDate" : null, "fromSection" : "695-F", "toSection" : "695-F", "text" : " § 695-f. Program limitations; family tuition account. 1. Nothing in\\nthis article shall be construed to:\\n a. give any designated beneficiary any rights or legal interest with\\nrespect to an account unless the designated beneficiary is the account\\nowner;\\n b. guarantee that a designated beneficiary will be admitted to an\\neligible educational institution;\\n c. create state residency for an individual merely because the\\nindividual is a designated beneficiary; or\\n d. guarantee that amounts saved pursuant to the program will be\\nsufficient to cover the qualified higher education expenses of a\\ndesignated beneficiary.\\n 2. a. Nothing in this article shall create or be construed to create\\nany obligation of the comptroller, the state, or any agency or\\ninstrumentality of the state to guarantee for the benefit of any account\\nowner or designated beneficiary with respect to:\\n (i) the rate of interest or other return on any account; and\\n (ii) the payment of interest or other return on any account.\\n b. The comptroller and the corporation by rule or regulation shall\\nprovide that every contract, application, deposit slip, or other similar\\ndocument that may be used in connection with a contribution to an\\naccount clearly indicate that the account is not insured by the state\\nand neither the principal deposited nor the investment return is\\nguaranteed by the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "695-G", "title" : "Scholarships and financial aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "695-G", "activeDate" : "2014-09-22", "sequenceNo" : 541, "repealedDate" : null, "fromSection" : "695-G", "toSection" : "695-G", "text" : " § 695-g. Scholarships and financial aid. Monies in a family tuition\\naccount shall not be used toward the calculation of New York state\\nfinancial aid under a financial aid program administered by the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A15", "title" : "Text-books", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15", "activeDate" : "2014-09-22", "sequenceNo" : 542, "repealedDate" : null, "fromSection" : "701", "toSection" : "705", "text" : " ARTICLE 15\\n TEXT-BOOKS\\nSection 701. Power to designate text-books; purchase and loan of\\n text-books; purchase of supplies.\\n 702. Requisites for change.\\n 704. Text-books containing seditious or disloyal matter.\\n 705. Penalty for violation.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "701", "title" : "Power to designate text-books; purchase and loan of text-books; purchase of supplies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "701", "activeDate" : "2014-09-22", "sequenceNo" : 543, "repealedDate" : null, "fromSection" : "701", "toSection" : "701", "text" : " § 701. Power to designate text-books; purchase and loan of text-books;\\npurchase of supplies. 1. In the several cities and school districts of\\nthe state, boards of education, trustees or such body or officer as\\nperform the functions of such boards, shall designate text-books to be\\nused in the schools under their charge.\\n 2. A text-book, for the purposes of this section shall mean: (i) any\\nbook, or a book substitute, which shall include hard covered or\\npaperback books, work books, or manuals and (ii) for expenses incurred\\nafter July first, nineteen hundred ninety-nine, any courseware or other\\ncontent-based instructional materials in an electronic format, as such\\nterms are defined in the regulations of the commissioner, which a pupil\\nis required to use as a text, or a text-substitute, in a particular\\nclass or program in the school he or she legally attends. For expenses\\nincurred on or after July first, two thousand eleven, a text-book shall\\nalso mean items of expenditure that are eligible for an apportionment\\npursuant to sections seven hundred eleven, seven hundred fifty-one\\nand/or seven hundred fifty-three of this title, where such items are\\ndesignated by the school district as eligible for aid pursuant to this\\nsection, provided, however, that if aided pursuant to this section, such\\nexpenses shall not be aidable pursuant to any other section of law.\\nExpenditures aided pursuant to this section shall not be eligible for\\naid pursuant to any other section of law. Courseware or other\\ncontent-based instructional materials in an electronic format included\\nin the definition of textbook pursuant to this subdivision shall be\\nsubject to the same limitations on content as apply to books or book\\nsubstitutes aided pursuant to this section.\\n 3. In the several cities and school districts of the state, boards of\\neducation, trustees or such body or officers as perform the function of\\nsuch boards shall have the power and duty to purchase and to loan upon\\nindividual request, textbooks, to all children residing in such district\\nwho are enrolled in a public school including children attending the\\npublic schools of the district for whom the district is eligible to\\nreceive reimbursement pursuant to paragraph a of subdivision eight of\\nsection thirty-two hundred two of this chapter, provided, however, that\\nsuch children shall not be counted by any other school district, and to\\nall children residing in such district who are enrolled in a nonpublic\\nschool. Textbooks loaned to children enrolled in said nonpublic schools\\nshall be textbooks which are designated for use in any public schools of\\nthe state or are approved by any boards of education, trustees or other\\nschool authorities. Such textbooks are to be loaned free to such\\nchildren subject to such rules and regulations as are or may be\\nprescribed by the board of regents and such boards of education,\\ntrustees or other school authorities. Enrollment shall be as defined in\\nsubdivision one of section thirty-six hundred two of this chapter.\\n 4. No school district shall be required to purchase or otherwise\\nacquire textbooks, the cost of which shall exceed an amount equal to the\\napportionment pursuant to subdivision six of this section plus a minimum\\nlottery grant determined pursuant to subdivision four of section\\nninety-two-c of the state finance law multiplied by the number of\\nchildren residing in such district and so enrolled in the base year; and\\nno school district shall be required to loan textbooks in excess of the\\ntextbooks owned or acquired by such district; provided, however that all\\ntextbooks owned or acquired by such district shall be loaned to children\\nresiding in the district and so enrolled in public and nonpublic schools\\non an equitable basis.\\n 5. In the several cities and school districts of the state, boards of\\neducation, trustees or other school authorities may purchase supplies\\nand either rent, sell or loan the same to the pupils attending the\\npublic schools in such cities and school districts upon such terms and\\nunder such rules and regulations as may be prescribed by such boards of\\neducation, trustees or other school authorities.\\n 6. The commissioner, in addition to the annual apportionment of public\\nmonies pursuant to other articles of this chapter, shall apportion to\\neach school district an amount equal to the cost of the textbooks\\npurchased and loaned by the district pursuant to this section in the\\nbase year, but in no case shall the aid apportioned to the district\\nexceed the product of the textbook factor plus a minimum lottery grant,\\ndetermined pursuant to subdivision four of section ninety-two-c of the\\nstate finance law, and the sum of the enrollments in grades kindergarten\\nthrough twelve in the base year calculated pursuant to subparagraphs\\nfour, five, and six of paragraph n of subdivision one of section\\nthirty-six hundred two of this chapter. Aid payable pursuant to this\\nsection shall be deemed final and not subject to change after April\\nthirtieth of the school year for which payment was due.\\n For aid payable in the two thousand seven--two thousand eight school\\nyear and thereafter, the textbook factor shall equal forty-three dollars\\nand twenty-five cents.\\n 7. The apportionment provided for in this section shall be paid, at\\nsuch times as may be determined by the commissioner and approved by the\\ndirector of the budget, during the school year in which the expenditures\\nare reported to the department prior to such apportionment. Expenditures\\nby a school district in excess of the product of the textbook factor\\nplus a minimum lottery grant determined pursuant to subdivision four of\\nsection ninety-two-c of the state finance law and the sum of the\\nenrollments in grades kindergarten through twelve in the base year\\ncalculated pursuant to subparagraphs four, five, and six of paragraph n\\nof subdivision one of section thirty-six hundred two of this chapter in\\nany school year shall be deemed approved operating expense of the\\ndistrict for the purpose of computation of state aid pursuant to section\\nthirty-six hundred two of this chapter, but expenditures up to such\\nproduct shall not be deemed approved operating expenses for such\\npurpose.\\n 8. In its discretion, a board of education may adopt regulations\\nspecifying the date by which requests for the purchase and loan of\\ntextbooks must be received by the district. Notice of such date shall be\\ngiven to all non-public schools. Such date shall not be earlier than the\\nfirst day of June of the school year prior to that for which such\\ntextbooks are being requested, provided, however, that a parent or\\nguardian of a child not attending a particular non-public school prior\\nto June first of the school year may submit a written request for\\ntextbooks within thirty days after such child is enrolled in such\\nnon-public school. In no event however shall a request made later than\\nthe times otherwise provided pursuant to this subdivision be denied\\nwhere a reasonable explanation is given for the delay in making the\\nrequest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "702", "title" : "Requisites for change", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "702", "activeDate" : "2014-09-22", "sequenceNo" : 544, "repealedDate" : null, "fromSection" : "702", "toSection" : "702", "text" : " § 702. Requisites for change. 1. When a text-book shall have been\\ndesignated for use in a school district or city as provided in\\nsubdivision one of section seven hundred one, it shall not be lawful to\\nsupersede such text-book by any other book within a period of five years\\nfrom the time of such designation, except upon a three-fourths vote of\\nthe board of education, trustees or of such body or officer as performs\\nthe function of such board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "704", "title" : "Text-books containing seditious or disloyal matter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "704", "activeDate" : "2014-09-22", "sequenceNo" : 545, "repealedDate" : null, "fromSection" : "704", "toSection" : "704", "text" : " § 704. Text-books containing seditious or disloyal matter. No\\ntext-book in any subject used in the public schools in this state shall\\ncontain any matter or statements of any kind which are seditious in\\ncharacter, disloyal to the United States or favorable to the cause of\\nany foreign country with which the United States may be at war. The\\ncommission, consisting of the commissioner of education and of two\\npersons to be designated by the regents, whose duty it shall be on\\ncomplaint to examine text-books used in the public schools of the state,\\nin the subjects of civics, economics, English, history, language and\\nliterature, for the purpose of determining whether such text-books\\ncontain any matter or statements of any kind which are seditious in\\ncharacter, disloyal to the United States or favorable to the cause of\\nany foreign country with which the United States may be at war, is\\nhereby continued. Any person may present a written complaint to such\\ncommission that a text-book in any of the aforesaid subjects for use in\\nthe public schools of this state or offered for sale for use in the\\npublic schools of this state contains matter or statements in violation\\nof this section, specifying such matter or statements in detail. If the\\ncommission determine that the text-book against which complaint is made\\ncontains any such matter or statements, it shall issue a certificate\\ndisapproving the use of such text-book in the public schools of this\\nstate, together with a statement of the reasons for its disapproval,\\nspecifying the matter found unlawful. Such certificate of disapproval\\nof a text-book, with a detailed statement of the reasons for its\\ndisapproval, shall be duly forwarded to the boards of education or other\\nboards or authorities having jurisdiction of the public schools of the\\nschool districts of this state, and after the receipt of such\\ncertificate the use of a text-book so disapproved shall be discontinued\\nin such school district.\\n Any contract hereafter made by any such board of education or other\\nschool authorities for the purchase of a text-book in any of such\\nsubjects, which has been so disapproved, shall be void. Any school\\nofficer or teacher who permits a text-book in any of such subjects,\\nwhich has been so disapproved, to be used in the public schools of the\\nstate, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "705", "title" : "Penalty for violation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "705", "activeDate" : "2014-09-22", "sequenceNo" : 546, "repealedDate" : null, "fromSection" : "705", "toSection" : "705", "text" : " § 705. Penalty for violation. Any person violating any of the\\nprovisions of this article shall be liable to a penalty of not less than\\nfifty dollars nor more than one hundred dollars for every such\\nviolation, to be sued for by any taxpayer of the school district, and\\nrecovered before any justice of the peace and when collected, to be paid\\nto the collector or treasurer for the benefit of said school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A15-A", "title" : "School Library Materials", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15-A", "activeDate" : "2014-09-22", "sequenceNo" : 547, "repealedDate" : null, "fromSection" : "711", "toSection" : "712", "text" : " ARTICLE 15-A\\n SCHOOL LIBRARY MATERIALS\\nSection 711. Aid for the purchase of school library materials.\\n 712. Loan of school library materials.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "711", "title" : "Aid for the purchase of school library materials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-10-27" ], "docLevelId" : "711", "activeDate" : "2014-09-22", "sequenceNo" : 548, "repealedDate" : null, "fromSection" : "711", "toSection" : "711", "text" : " § 711. Aid for the purchase of school library materials. 1. In the\\nseveral cities and school districts of the state, boards of education,\\ntrustees or such body or officers as perform the functions of such\\nboards, shall designate school library materials to be used in the\\nschools in the district.\\n 2. School library materials, for the purposes of this article shall\\nmean both audio/visual materials and printed materials that may or may\\nnot require magnification which meet all of the following criteria: (1)\\nmaterials which are catalogued and processed as part of the school\\nlibrary or media center for use by elementary and/or secondary school\\nchildren and teachers; (2) materials which with reasonable care and use\\nmay be expected to last more than one year; and (3) materials which\\nwould not be eligible for aid pursuant to sections seven hundred one and\\nseven hundred fifty-one of this title. School library materials meeting\\nthese criteria may include (i) hard cover and paperback books,\\nperiodicals, that is, publications which appear at regular intervals of\\nless than one year on a continuing basis for an indefinite period,\\ndocuments other than books, pamphlets, musical scores, other printed and\\npublished materials, and (ii) for school year nineteen hundred\\neighty-six--eighty-seven and thereafter, audio/visual materials\\nincluding films, film strips, micro-film, sound recordings, processed\\nslides, transparencies, kinescopes, video tapes, maps, charts, globes,\\npictorial works, including pictures and picture sets, reproductions,\\nphotographs, graphic works, and any other audio/visual materials of a\\nsimilar nature made.\\n 3. No school district shall be required to purchase or otherwise\\nacquire school library materials, the cost of which shall exceed an\\namount equal to the library materials factor multiplied by the sum of\\nthe public school district enrollment and the nonpublic school\\nenrollment in the base year as defined in subparagraphs two and three of\\nparagraph n of subdivision one of section thirty-six hundred two of this\\nchapter. For aid payable in the nineteen hundred ninety-eight--nineteen\\nhundred ninety-nine school year, the library materials factor shall be\\nfour dollars. For aid payable in the two thousand seven--two thousand\\neight school year and thereafter, the library materials factor shall be\\nsix dollars and twenty-five cents.\\n 4. Commencing July first, nineteen hundred ninety eight, the\\ncommissioner, in addition to the annual apportionment of public monies\\npursuant to other articles of this chapter, shall apportion to each\\nschool district an amount equal to the cost of the school library\\nmaterials purchased by the district pursuant to this section in the base\\nyear, but in no case shall the aid apportioned to the district exceed\\nthe product of the library materials factor and the sum of public school\\ndistrict enrollment, nonpublic school enrollment, and additional public\\nenrollment as defined in subparagraphs two, three, and six of paragraph\\nn of subdivision one of section thirty-six hundred two of this chapter.\\nAid payable pursuant to this section shall be deemed final and not\\nsubject to change after April thirtieth of the school year for which\\npayment was due.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "712", "title" : "Loan of school library materials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "712", "activeDate" : "2014-09-22", "sequenceNo" : 549, "repealedDate" : null, "fromSection" : "712", "toSection" : "712", "text" : " § 712. Loan of school library materials. 1. In the several cities and\\nschool districts of the state, boards of education, trustees or such\\nbody or officers as perform the function of such boards shall have the\\npower and duty to loan upon request of an individual or a group of\\nindividual pupils, to all pupils defined in subdivision three of section\\nseven hundred eleven of this article, school library materials. School\\nlibrary materials loaned to such pupils attending private schools shall\\nbe school library materials which are designated for use in any public\\nelementary or secondary schools of the state or are approved by any\\nboard of education, trustees or other school authorities. Such school\\nlibrary materials are to be loaned free to such children subject to such\\nrules and regulations as are or may be prescribed by the board of\\nregents and such boards of education, trustees or other school\\nauthorities.\\n 2. No school district shall be required to loan school library\\nmaterials in excess of the school library materials owned or acquired by\\nsuch district pursuant to section seven hundred eleven of this article.\\nSuch school library materials shall be loaned on an equitable basis to\\nchildren defined in subdivision three of section seven hundred eleven of\\nthis article attending in the current year. The payment of tuition under\\narticle eighty-nine of this chapter is deemed to be an equitable loan to\\nchildren for whom such tuition is paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A15-B", "title" : "Higher Education Textbooks", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-08-21", "2019-08-23", "2022-07-08", "2025-08-15", "2025-08-22" ], "docLevelId" : "15-B", "activeDate" : "2014-09-22", "sequenceNo" : 550, "repealedDate" : null, "fromSection" : "715", "toSection" : "715", "text" : " * ARTICLE 15-B\\n HIGHER EDUCATION TEXTBOOKS\\nSection 715. Instructional materials; students with disabilities.\\n * NB Repealed August 15, 2016\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "715", "title" : "Instructional materials; students with disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2019-08-23", "2022-07-08", "2025-08-15", "2025-08-22" ], "docLevelId" : "715", "activeDate" : "2014-09-22", "sequenceNo" : 551, "repealedDate" : null, "fromSection" : "715", "toSection" : "715", "text" : " * § 715. Instructional materials; students with disabilities. 1. For\\npurposes of this section, the following words shall have the following\\nmeanings: (a) \"College\" means college as defined in subdivision two of\\nsection six hundred one of this chapter;\\n (b) \"Instructional material or materials\" means textbooks and other\\nmaterials written and published by commercial publishers primarily for\\nuse by students in postsecondary instruction that are required or\\nessential to a student's success in a course of study in which a student\\nwith a disability is enrolled. The determination of which materials are\\n\"required or essential to student success\" shall be made by the\\ninstructor of the course. \"Instructional material or materials\" shall\\nalso include commercially published nontextual mathematics and science\\nmaterial wherever available software permits the conversion of existing\\nelectronic files of the materials into a format that is compatible with\\nbraille translation software or alternative media for students with\\ndisabilities.\\n (c) \"Nonprinted instructional materials\" means commercially published\\ninstructional materials in formats other than print, and includes\\ncommercially published instructional materials that require the\\navailability of electronic equipment in order to be used as a learning\\nresource, including, but not necessarily limited to, commercially\\npublished software programs, video disks, and video and audio tapes.\\n (d) \"Printed instructional material or materials\" means instructional\\nmaterial or materials commercially published in book or other\\ncommercially published printed form.\\n (e) \"Structural integrity\" means all of the commercially published\\nprinted instructional material, including, but not limited to, the text\\nof the material, sidebars, the table of contents, chapter headings and\\nsubheadings, footnotes, pictures, illustrations, graphs, charts,\\nindexes, glossaries, and bibliographies. If good faith efforts fail to\\nproduce an agreement pursuant to subdivision two of this section between\\nthe publisher or manufacturer and the commissioner as to an electronic\\nformat that will preserve the structural integrity of the commercially\\npublished printed instructional material, the publisher or manufacturer\\nshall provide the instructional material in the most updated electronic\\nformat taking into consideration the recommendation made by the National\\nInstitute of Standards and Technology (NIST) and shall preserve as much\\nof the structural integrity of the commercially published printed\\ninstructional material as possible.\\n (f) \"Specialized format\" means braille, audio, or digital text that is\\nexclusively for use by blind persons and students with other\\ndisabilities.\\n (g) \"Advisory council\", means a group of individuals appointed as\\nfollows: seven shall be appointed directly by the governor, two shall be\\nappointed on the nomination of the temporary president of the senate,\\ntwo shall be appointed on the nomination of the speaker of the assembly,\\none shall be appointed on the nomination of the minority leader of the\\nsenate, and one shall be appointed on the nomination of the minority\\nleader of the assembly. The council shall be comprised of\\nrepresentatives from college disability student support services; the\\ndepartment; the publisher community; students with disabilities and\\nother interested parties who will provide input into policy development,\\nprogram guidelines and implementation strategies for the implementation\\nof this section, and updates and technical assistance to regional\\ncollege disability service coordinators.\\n (h) \"Guidelines\" means a set of information, training, technical\\nguidance and best practices used in implementing the provisions of this\\nsection.\\n Nothing in this subdivision shall be construed to prohibit a college\\nfrom assisting a student with a disability by using the electronic\\nversion of commercially published printed instructional material\\nprovided pursuant to this section solely to transcribe or arrange for\\nthe transcription of the commercially published printed instructional\\nmaterial into braille. In the event such a transcription is made, the\\ncollege shall have the right to share such braille copy of the\\ncommercially published printed instructional material with other\\nstudents with disabilities.\\n 2. An individual, firm, partnership or corporation that publishes or\\nmanufactures commercially published printed instructional materials for\\nstudents attending college shall provide for purchase by students with\\ndisabilities such printed instructional material in an electronic format\\nmutually agreed upon by the commercial publisher or manufacturer and the\\ncommissioner. These commercially published printed instructional\\nmaterials must be converted to an electronic format using the most\\nupdated software technology available to the public at that time.\\nComputer files or electronic versions of commercially published printed\\ninstructional materials shall maintain the structural integrity of such\\nprinted instructional material, be compatible with commonly used braille\\ntranslation and speech synthesis software, and include corrections and\\nrevisions as may be necessary. The computer files or electronic versions\\nof the commercially published printed instructional material shall be\\navailable to students with disabilities at a cost comparable to the\\nprinted version of such commercially published material and in a timely\\nmanner, upon receipt of a written request that does all of the\\nfollowing:\\n (a) Certifies that the electronic version of the commercially\\npublished printed instructional materials will be used by a student with\\na disability.\\n (b) Certifies that the student has a disability that prevents him or\\nher from using standard commercially published instructional materials.\\n (c) Certifies that the commercially published printed instructional\\nmaterial is for use by the student in connection with a course in which\\nhe or she is registered or enrolled at the college.\\n (d) Is signed by the coordinator of services for students with\\ndisabilities at the college or by the campus or college official\\nresponsible for monitoring compliance with the Americans with\\nDisabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the college.\\n 3. An individual, firm, partnership or corporation specified in\\nsubdivision two of this section may also require that, in addition to\\nthe conditions enumerated above, the request shall include a statement\\nsigned by the student agreeing to both of the following:\\n (a) He or she will use the electronic copy of the commercially\\npublished printed instructional material in specialized format solely\\nfor his or her own educational purposes.\\n (b) He or she will not copy or duplicate the commercially published\\nprinted instructional material or electronic copy for use by others\\nconsistent with the requirements of the copyright revision act of 1976,\\nas amended (17 U.S.C. §101 et seq.).\\n 4. If a college permits a student to directly use the electronic\\nversion of a commercially published instructional material, such student\\nshall use the disk or file in a manner that complies at all times with\\nthe Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et\\nseq.).\\n 5. An individual, firm, partnership or corporation that, for\\ncommercial purposes, publishes or manufactures nonprinted instructional\\nmaterials for students attending college shall provide computer files or\\nother electronic versions of such nonprinted instructional materials for\\nuse by students attending such college subject to the same conditions\\nset forth in subdivisions two and three of this section for printed\\ninstructional materials, when technology is available to convert these\\nnonprinted instructional materials published or manufactured for\\ncommercial purposes to a format that maintains the structural integrity\\nof such nonprinted instructional materials that is compatible with\\nbraille translation and speech synthesis software.\\n 6. Nothing in this section shall be deemed to authorize any use of any\\ncommercially published instructional materials that would constitute an\\ninfringement of copyright under the Copyright Revision Act of 1976, as\\namended (17 U.S.C. Sec. 101 et seq.).\\n 7. The governor shall convene a statewide advisory council as defined\\nin paragraph (g) of subdivision one of this section that will meet as\\nnecessary to fulfill the functions set forth in paragraph (g) of\\nsubdivision one of this section.\\n * NB Repealed August 15, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A15-C", "title" : "Textbook Access Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "15-C", "activeDate" : "2014-09-22", "sequenceNo" : 552, "repealedDate" : null, "fromSection" : "720", "toSection" : "724", "text" : " ARTICLE 15-C\\n TEXTBOOK ACCESS ACT\\nSection 720. Definitions.\\n 721. Pricing transparency.\\n 722. Sales of textbooks, textbook bundles.\\n 723. Special role of faculties in adoptions.\\n 724. Policies addressing course material adoptions and sample\\n materials.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "720", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "720", "activeDate" : "2014-09-22", "sequenceNo" : 553, "repealedDate" : null, "fromSection" : "720", "toSection" : "720", "text" : " § 720. Definitions. As used in this article, the following terms shall\\nhave the following meanings:\\n 1. \"Bundled\" means a textbook and any other learning material,\\nincluding, but not limited to, workbooks, online technologies,\\ndictionaries, CD-ROMS, or books, packaged together to be sold for one\\nprice.\\n 2. \"Institution of higher education\" means any institution of higher\\neducation, recognized and approved by the regents of the university of\\nthe state of New York, which provides a course of study leading to the\\ngranting of a post-secondary degree or diploma.\\n 3. \"Publisher\" means any publishing house, publishing firm, or\\npublishing company that publishes textbooks and supplemental materials.\\n 4. \"Textbook\" means any textbook that is adopted for a course, as\\ndetermined by the faculty member or members or entity charged with\\nchoosing that textbook.\\n 5. \"Supplemental materials\" means materials that supplement the\\nprimary textbook or textbooks that come in the form of another book,\\nonline technologies, a workbook, CD-ROM, or any other format, and that\\ncan be used by a faculty member or a student during the teaching of a\\ncourse.\\n 6. \"Adopter\" means any faculty member or academic department at\\ninstitutions of higher learning responsible for considering and choosing\\ntextbooks and/or supplemental materials to be utilized in connection\\nwith the accredited courses taught at institutions of higher education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "721", "title" : "Pricing transparency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "721", "activeDate" : "2014-09-22", "sequenceNo" : 554, "repealedDate" : null, "fromSection" : "721", "toSection" : "721", "text" : " § 721. Pricing transparency. 1. To ensure pricing transparency, all\\npublishers of college textbooks shall, on request, make readily\\navailable to prospective adopters of their products who are members of\\nthe faculties or purchasing entities of institutions of higher education\\nthe price at which the publisher would make the products available to\\nthe college bookstore that would offer the products to students.\\n 2. For purposes of this section, the term \"products\" means all\\nversions of a textbook or set of textbooks, except custom textbooks or\\nspecial editions of textbooks, available in the subject area for which a\\nprospective adopter is teaching a course, including supplemental\\nmaterials, both when sold together or separately from a textbook.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "722", "title" : "Sales of textbooks, textbook bundles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "722", "activeDate" : "2014-09-22", "sequenceNo" : 555, "repealedDate" : null, "fromSection" : "722", "toSection" : "722", "text" : " § 722. Sales of textbooks, textbook bundles. Textbooks shall be sold\\nin the same manner as ordered by such faculty member or entity in charge\\nof selecting textbooks for courses. In the event such product is\\nunavailable as ordered, the bookstore, faculty, and relevant publisher\\nshall work together to provide the best possible substitute that most\\nclosely matches the requested item or items, and the publisher shall\\nmake available the price of such substitute or substitutes readily\\navailable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "723", "title" : "Special role of faculties in adoptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "723", "activeDate" : "2014-09-22", "sequenceNo" : 556, "repealedDate" : null, "fromSection" : "723", "toSection" : "723", "text" : " § 723. Special role of faculties in adoptions. Each institution of\\nhigher education shall institute policies that encourage faculty members\\nor the entity in charge of textbook adoptions to place their orders with\\nsufficient lead-time to enable the university, or contract-managed,\\nbookstore to confirm the availability of the requested materials and,\\nwhen appropriate, the availability of used textbooks or alternate\\ndigital formats.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "724", "title" : "Policies addressing course material adoptions and sample materials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "724", "activeDate" : "2014-09-22", "sequenceNo" : 557, "repealedDate" : null, "fromSection" : "724", "toSection" : "724", "text" : " § 724. Policies addressing course material adoptions and sample\\nmaterials. No employee at an institution of higher education shall\\ndemand or receive any payment, loan, advance, goods, or deposit of\\nmoney, present or promised, for adopting specific course materials\\nrequired for coursework or instruction; with the exception that the\\nemployee may receive:\\n 1. sample copies, instructor's copies, or instructional material, that\\nare not to be sold;\\n 2. royalties or other compensation from sales of textbooks that\\ninclude such instructor's own writing or work;\\n 3. honoraria for academic peer review of course materials; or\\n 4. training in the use of course materials and learning technologies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A16", "title" : "Computer Technology", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 558, "repealedDate" : null, "fromSection" : "751", "toSection" : "755", "text" : " ARTICLE 16\\n COMPUTER TECHNOLOGY\\nSection 751. Aid for computer software purchases.\\n 752. Loan of computer software.\\n 753. Instructional computer hardware and technology equipment\\n apportionment.\\n 754. Loan of instructional computer hardware.\\n 755. Loan of smart schools classroom technology.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "751", "title" : "Aid for computer software purchases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "751", "activeDate" : "2014-09-22", "sequenceNo" : 559, "repealedDate" : null, "fromSection" : "751", "toSection" : "751", "text" : " § 751. Aid for computer software purchases. 1. In the several cities\\nand school districts of the state, boards of education, trustees or such\\nbody or officers as perform the functions of such boards, shall\\ndesignate software programs to be used in conjunction with computers of\\nthe school district.\\n 2. A software program, for the purposes of this article shall mean (a)\\na computer program which a pupil is required to use as a learning aid in\\na particular class in the school the pupil legally attends, or (b) for\\nexpenses incurred after July first, two thousand nine, any content-based\\ninstructional materials in an electronic format that are aligned with\\nstate standards which are accessed or delivered through the internet\\nbased on a subscription model. Such electronic format materials may\\ninclude a variety of media assets and learning tools, including video,\\naudio, images, teacher guides, and student access capabilities as such\\nterms are defined in the regulations of the commissioner. For expenses\\nincurred on or after July first, two thousand eleven, a software program\\nshall also mean items of expenditure that are eligible for an\\napportionment pursuant to sections seven hundred one, seven hundred\\neleven and/or seven hundred fifty-three of this title, where such items\\nare designated by the school district as eligible for aid pursuant to\\nthis section, provided, however, that if aided pursuant to this section,\\nsuch expenses shall not be aidable pursuant to any other section of law.\\n 3. No school district shall be required to purchase or otherwise\\nacquire software programs, the cost of which shall exceed an amount\\nequal to the software factor multiplied by the sum of the public school\\ndistrict enrollment and the nonpublic school enrollment in the base year\\nas defined in subparagraphs two and three of paragraph n of subdivision\\none of section thirty-six hundred two of this chapter.\\n 4. The commissioner, in addition to the annual apportionment of public\\nmonies pursuant to other articles of this chapter, shall apportion to\\neach school district an amount equal to the cost of the software\\nprograms purchased by the district pursuant to this section in the base\\nyear, but in no case shall the aid apportioned to the district exceed\\nthe product of the software factor and the sum of public school district\\nenrollment, nonpublic school enrollment, and additional public\\nenrollment as defined in subparagraphs two, three, and six of paragraph\\nn of subdivision one of section thirty-six hundred two of this chapter.\\n For aid payable in the nineteen hundred ninety-seven--ninety-eight and\\nnineteen hundred ninety-eight--ninety-nine school years, the software\\nfactor shall equal four dollars and fifty-eight cents. For aid payable\\nin the nineteen hundred ninety-nine--two thousand school year, the\\nsoftware factor shall equal seven dollars and fifty-five cents. For aid\\npayable in the two thousand--two thousand one school year, the software\\nfactor shall equal fourteen dollars and ninety-eight cents. For aid\\npayable in the two thousand one--two thousand two school year, the\\nsoftware factor shall equal twenty-three dollars and ninety cents. For\\naid payable in the two thousand two--two thousand three school year and\\nthereafter, the software factor shall equal fourteen dollars and\\nninety-eight cents. The apportionment provided for in this section shall\\nbe paid at such times as may be determined by the commissioner and\\napproved by the director of the budget. Aid payable pursuant to this\\nsection shall be deemed final and not subject to change after April\\nthirtieth of the school year for which payment was due.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "752", "title" : "Loan of computer software", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "752", "activeDate" : "2014-09-22", "sequenceNo" : 560, "repealedDate" : null, "fromSection" : "752", "toSection" : "752", "text" : " § 752. Loan of computer software. 1. In the several cities and school\\ndistricts of the state, boards of education, trustees or such body or\\nofficers as perform the function of such boards shall have the power and\\nduty to loan upon request of an individual or a group of individual\\npupils, to all pupils defined in subdivision three of section seven\\nhundred fifty-one of this article, software programs. Software programs\\nloaned to such pupils attending private schools shall be software\\nprograms which are designated for use in any public elementary or\\nsecondary schools of the state or are approved by any board of\\neducation, trustees or other school authorities. Such software programs\\nare to be loaned free to such children subject to such rules and\\nregulations as are or may be prescribed by the board of regents and such\\nboards of education, trustees or other school authorities.\\n 2. No school district shall be required to loan software programs in\\nexcess of the software programs owned or acquired by such district\\npursuant to section seven hundred fifty-one of this article. Such\\nsoftware programs shall be loaned on an equitable basis to children\\ndefined in subdivision three of section seven hundred fifty-one of this\\narticle attending in the current year. The payment of tuition under\\narticle eighty-nine of this chapter is deemed to be an equitable loan to\\nchildren for whom such tuition is paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "753", "title" : "Instructional computer hardware and technology equipment apportionment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "753", "activeDate" : "2014-09-22", "sequenceNo" : 561, "repealedDate" : null, "fromSection" : "753", "toSection" : "753", "text" : " § 753. Instructional computer hardware and technology equipment\\napportionment. 1. In addition to any other apportionment under this\\nchapter, a school district shall be eligible for an apportionment under\\nthe provisions of this section for approved expenses for (i) the\\npurchase or lease of micro and/or mini computer equipment or terminals\\nfor instructional purposes or (ii) technology equipment, as defined in\\nparagraph c of subdivision two of this section, used for instructional\\npurposes, or (iii) for the repair of such equipment and training and\\nstaff development for instructional purposes as provided hereinafter, or\\n(iv) for expenses incurred on or after July first, two thousand eleven,\\nany items of expenditure that are eligible for an apportionment pursuant\\nto sections seven hundred one, seven hundred eleven and/or seven hundred\\nfifty-one of this title, where such items are designated by the school\\ndistrict as eligible for aid pursuant to this section, provided,\\nhowever, that if aided pursuant to this section, such expenses shall not\\nbe aidable pursuant to any other section of law. Such aid shall be\\nprovided pursuant to a plan developed by the district which demonstrates\\nto the satisfaction of the commissioner that the instructional computer\\nhardware needs of the district's public school students have been\\nadequately met and that the school district has provided for the loan of\\ninstructional computer hardware to students legally attending nonpublic\\nschools pursuant to section seven hundred fifty-four of this article.\\nThe apportionment shall equal the lesser of such approved expense in the\\nbase year or, the product of (i) the technology factor, (ii) the sum of\\nthe public school district enrollment and the nonpublic school\\nenrollment in the base year as defined in subparagraphs two and three of\\nparagraph n of subdivision one of section thirty-six hundred two of this\\nchapter, and (iii) the building aid ratio, as defined in subdivision\\nfour of section thirty-six hundred two of this chapter. For aid payable\\nin the two thousand seven--two thousand eight school year and\\nthereafter, the technology factor shall be twenty-four dollars and\\ntwenty cents. A school district may use up to twenty percent of the\\nproduct of (i) the technology factor, (ii) the sum of the public school\\ndistrict enrollment and the nonpublic school enrollment in the base year\\nas defined in subparagraphs two and three of paragraph n of subdivision\\none of section thirty-six hundred two of this chapter, and (iii) the\\nbuilding aid ratio for the repair of instructional computer hardware and\\ntechnology equipment and training and staff development for\\ninstructional purposes pursuant to a plan submitted to the commissioner.\\n 2. As used in this article:\\n a. \"Current year\" shall have the same meaning as that term is defined\\nin subdivision one of section thirty-six hundred two of this chapter;\\n b. \"Base year\" shall have the same meaning as that term is defined in\\nsubdivision one of section thirty-six hundred two of this article; and\\n c. \"Technology equipment\", for the purposes of this article, shall\\nmean equipment with a useful life used in conjunction with or in support\\nof educational programs including but not limited to video, solar\\nenergy, robotic, satellite, laser and such other equipment as the\\ncommissioner shall approve provided that expenses for the purchase or\\nlease of such equipment shall not be eligible for aid under any other\\nprovisions of this chapter.\\n 3. No school district shall be required to purchase or otherwise\\nacquire instructional computer hardware or technology equipment, the\\ncost of which exceeds the amount of state aid provided pursuant to this\\nsection.\\n 4. The apportionment provided for in this section shall be paid at\\nsuch times as may be determined by the commissioner and approved by the\\ndirector of the budget, during the school year in which the expenditures\\nare reported to the department prior to such apportionment, but not\\nearlier than the school year after the school year in which expenses are\\nincurred.\\n 5. Expenses aided pursuant to this section shall not be eligible for\\naid pursuant to any other provision of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "754", "title" : "Loan of instructional computer hardware", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "754", "activeDate" : "2014-09-22", "sequenceNo" : 562, "repealedDate" : null, "fromSection" : "754", "toSection" : "754", "text" : " § 754. Loan of instructional computer hardware. 1. In the several\\ncities and school districts of the state, school authorities, as defined\\nin subdivision twelve of section two of this chapter, shall have the\\npower and duty, to the extent provided in this section, to loan, upon\\nrequest of an individual or a group of individual pupils, to all pupils\\nlegally attending nonpublic elementary or secondary schools located in\\nthe school district, instructional computer hardware which is designated\\nfor use in any public elementary or secondary schools of the state or is\\napproved by any school authorities. Such instructional computer hardware\\nis to be loaned free to such children, commencing with the two thousand\\nseven--two thousand eight school year, subject to such rules and\\nregulations as are or may be prescribed by the board of regents and such\\nschool authorities.\\n 2. No school district shall be required to loan instructional computer\\nhardware in excess of the instructional computer hardware acquired by\\nsuch district pursuant to section seven hundred fifty-three of this\\narticle. Such instructional computer hardware shall be loaned on an\\nequitable basis to children attending nonpublic schools in the district\\nin the current year, provided that nothing in this article shall be\\nconstrued to require a school district to loan to children attending\\nnonpublic schools, pursuant to this section, instructional computer\\nhardware purchased with local or federal funds or with state funds other\\nthan funds apportioned pursuant to this article. The payment of tuition\\nunder article eighty-nine of this chapter is deemed to be an equitable\\nloan to children for whom such tuition is paid, and the provisions of\\nthis section shall not apply.\\n 3. School authorities shall adopt regulations specifying the date by\\nwhich requests for the purchase and loan of instructional computer\\nhardware must be received by the district. Notice of such date shall be\\ngiven to all non-public schools in the school district. Such date shall\\nnot be earlier than the first day of June of the school year prior to\\nthat for which such instructional computer hardware is being requested,\\nprovided, however, that a parent or guardian of a child not attending a\\nparticular non-public school prior to June first of the school year may\\nsubmit a written request for instructional computer hardware within\\nthirty days after such child is enrolled in such non-public school. In\\nno event, however, shall a request made later than the times otherwise\\nprovided pursuant to this subdivision be denied where a reasonable\\nexplanation is given for the delay in making the request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "755", "title" : "Loan of smart schools classroom technology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-12" ], "docLevelId" : "755", "activeDate" : "2014-09-22", "sequenceNo" : 563, "repealedDate" : null, "fromSection" : "755", "toSection" : "755", "text" : " * § 755. Loan of smart schools classroom technology. 1. In the several\\ncities and school districts of the state, school authorities, as defined\\nin subdivision twelve of section two of this chapter, shall have the\\npower and duty, to the extent provided in this section, to loan, upon\\nrequest of an individual or a group of individual pupils, to all pupils\\nlegally attending nonpublic elementary or secondary schools located in\\nthe school district, smart schools classroom technology acquired\\npursuant to subdivision sixteen of section thirty-six hundred forty-one\\nof this chapter which is designated for use in any public elementary or\\nsecondary schools of the state or is approved by any school authorities.\\nSuch smart schools classroom technology made available to nonpublic\\nstudents shall be limited to that allowable under both paragraph seven\\nof subdivision sixteen of section thirty-six hundred forty-one of this\\nchapter and section seven hundred fifty-four of this article. Such smart\\nschools classroom technology is to be loaned free to such children,\\ncommencing with the two thousand fourteen--two thousand fifteen school\\nyear, subject to such rules and regulations as are or may be prescribed\\nby the board of regents and such school authorities.\\n 2. No school district shall be required to loan smart schools\\nclassroom technology in excess of the smart schools classroom technology\\nacquired by such district pursuant to subdivision sixteen of section\\nthirty-six hundred forty-one of this chapter. Such smart schools\\nclassroom technology shall be loaned on an equitable basis to children\\nattending nonpublic schools in the district in the current year,\\nprovided that nothing in this article shall be construed to require a\\nschool district to loan to children attending nonpublic schools,\\npursuant to this section, classroom technology purchased with local or\\nfederal funds or with state funds other than funds apportioned pursuant\\nto subdivision sixteen of section three hundred sixty-four of this\\nchapter, and provided further that no school district may loan smart\\nschools classroom technology in an aggregate amount greater than two\\nhundred fifty dollars multiplied by the nonpublic school enrollment in\\nthe base year, at time of enactment, as defined in subparagraph three of\\nparagraph n of subdivision one of section thirty-six hundred two of this\\nchapter. The payment of tuition under article eighty-nine of this\\nchapter is deemed to be an equitable loan to children for whom such\\ntuition is paid, and the provisions of this section shall not apply.\\n 3. School authorities shall adopt regulations specifying the date by\\nwhich requests for the purchase and loan of smart schools classroom\\ntechnology must be received by the district. Notice of such date shall\\nbe given to all non-public schools in the school district. For the two\\nthousand fourteen--two thousand fifteen school year, such date shall not\\nbe earlier than the first day of January of such school year, and for\\nthe two thousand fifteen--two thousand sixteen school year and\\nthereafter, such date shall not be earlier than the first day of June of\\nthe school year prior to that for which such smart schools classroom\\ntechnology is being requested, provided, however, that a parent or\\nguardian of a child not attending a particular non-public school prior\\nto January first or June first of the school year, as applicable, may\\nsubmit a written request for smart schools classroom technology within\\nthirty days after such child is enrolled in such non-public school. In\\nno event, however, shall a request made later than the times otherwise\\nprovided pursuant to this subdivision be denied where a reasonable\\nexplanation is given for the delay in making the request.\\n * NB Effective upon approval by a majority of all votes cast for and\\nagainst it at the election to be held in November of 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A17", "title" : "Instruction In Certain Subjects", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-04-08", "2016-10-07", "2017-08-18", "2019-09-06", "2023-09-08", "2024-04-26", "2024-05-31", "2025-12-19", "2026-06-05" ], "docLevelId" : "17", "activeDate" : "2014-09-22", "sequenceNo" : 564, "repealedDate" : null, "fromSection" : "801", "toSection" : "816", "text" : " ARTICLE 17\\n INSTRUCTION IN CERTAIN SUBJECTS\\nSection 801. Courses of instruction in patriotism and citizenship and\\n in certain historic documents.\\n 801-a. Instruction in civility, citizenship and character\\n education.\\n 802. Instruction relating to the flag; holidays.\\n 802-a. Instruction relating to general elections.\\n 803. Instruction in physical education and kindred subjects.\\n 803-a. Courses of study in prevention of child abduction.\\n 804. Health education regarding alcohol, drugs, tobacco abuse\\n and the prevention and detection of certain cancers.\\n 804-a. Comprehensive school health education demonstration\\n program.\\n 804-b. Education regarding child development.\\n 804-c. Cardiopulmonary resuscitation instruction.\\n 804-d. Automated external defibrillator instruction.\\n 806. Courses of instruction in highway safety and traffic\\n regulation; school safety patrols.\\n 806-a. Driver education.\\n 807. Fire drills.\\n 807-a. Fire inspections.\\n 807-b. College fire inspections.\\n 807-c. Transmission of fire alarm to fire department.\\n 807-d. Locating source of fires in schools.\\n 808. Instruction in fire and arson prevention.\\n 809. Instruction in the humane treatment of animals.\\n 809-a. Instruction in the safe use of firearms and in the game\\n laws.\\n 810. Conservation day.\\n 811. Procurement, use and possession of hypodermic syringes\\n and needles by school personnel for educational\\n purposes.\\n 812. Health training program for secondary school students.\\n 813. School lunch period; scheduling.\\n 814. Courses of study in internet safety.\\n 815. State seal of biliteracy.\\n 816. Local library and school partnerships.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "801", "title" : "Courses of instruction in patriotism and citizenship and in certain historic documents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03" ], "docLevelId" : "801", "activeDate" : "2014-09-22", "sequenceNo" : 565, "repealedDate" : null, "fromSection" : "801", "toSection" : "801", "text" : " § 801. Courses of instruction in patriotism and citizenship and in\\ncertain historic documents. 1. In order to promote a spirit of patriotic\\nand civic service and obligation and to foster in the children of the\\nstate moral and intellectual qualities which are essential in preparing\\nto meet the obligations of citizenship in peace or in war, the regents\\nof The University of the State of New York shall prescribe courses of\\ninstruction in patriotism, citizenship, and human rights issues, with\\nparticular attention to the study of the inhumanity of genocide, slavery\\n(including the freedom trail and underground railroad), the Holocaust,\\nand the mass starvation in Ireland from 1845 to 1850, to be maintained\\nand followed in all the schools of the state. The boards of education\\nand trustees of the several cities and school districts of the state\\nshall require instruction to be given in such courses, by the teachers\\nemployed in the schools therein. All pupils attending such schools, over\\nthe age of eight years, shall attend upon such instruction.\\n Similar courses of instruction shall be prescribed and maintained in\\nprivate schools in the state, and all pupils in such schools over eight\\nyears of age shall attend upon such courses. If such courses are not so\\nestablished and maintained in a private school, attendance upon\\ninstruction in such school shall not be deemed substantially equivalent\\nto instruction given to pupils of like age in the public schools of the\\ncity or district in which such pupils reside.\\n 2. The regents shall prescribe courses of instruction in the history,\\nmeaning, significance and effect of the provisions of the constitution\\nof the United States, the amendments thereto, the declaration of\\nindependence, the constitution of the state of New York and the\\namendments thereto, to be maintained and followed in all of the schools\\nof the state. The boards of education and trustees of the several cities\\nand school districts of the state shall require instruction to be given\\nin such courses, by the teachers employed in the schools therein. All\\npupils attending such schools, in the eighth and higher grades, shall\\nattend upon such instruction.\\n Similar courses of instruction shall be prescribed and maintained in\\nprivate schools in the state, and all pupils in such schools in grades\\nor classes corresponding to the instruction in the eighth and higher\\ngrades of the public schools shall attend upon such courses. If such\\ncourses are not so established and maintained in a private school,\\nattendance upon instruction in such school shall not be deemed\\nsubstantially equivalent to instruction given to pupils in the public\\nschools of the city or district in which such pupils reside.\\n 3. The regents shall determine the subjects to be included in such\\ncourses of instruction in patriotism, citizenship, and human rights\\nissues, with particular attention to the study of the inhumanity of\\ngenocide, slavery (including the freedom trail and underground\\nrailroad), the Holocaust, and the mass starvation in Ireland from 1845\\nto 1850, and in the history, meaning, significance and effect of the\\nprovisions of the constitution of the United States, the amendments\\nthereto, the declaration of independence, the constitution of the state\\nof New York and the amendments thereto, and the period of instruction in\\neach of the grades in such subjects. They shall adopt rules providing\\nfor attendance upon such instruction and for such other matters as are\\nrequired for carrying into effect the objects and purposes of this\\nsection. The commissioner shall be responsible for the enforcement of\\nsuch section and shall cause to be inspected and supervise the\\ninstruction to be given in such subjects. The commissioner may, in his\\ndiscretion, cause all or a portion of the public school money to be\\napportioned to a district or city to be withheld for failure of the\\nschool authorities of such district or city to provide instruction in\\nsuch courses and to compel attendance upon such instruction, as herein\\nprescribed, and for a non-compliance with the rules of the regents\\nadopted as herein provided.\\n 4. The regents shall designate a week during each year and prescribe a\\nuniform course of exercises in the public schools of the state suitable\\nfor pupils of various ages to instill into the minds of such pupils the\\npurpose, meaning and importance of the bill of rights articles in the\\nfederal and state constitutions. Such exercises shall be in addition to\\nany prescribed courses of study in the schools.\\n 5. The regents shall make available to all elementary schools in the\\nstate suitable curriculum materials to aid in the instruction of pupils\\nin grades kindergarten through six in the understanding and acceptance\\nof children with disabilities as defined in section forty-four hundred\\none of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "801-A", "title" : "Instruction in civility, citizenship and character education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "801-A", "activeDate" : "2014-09-22", "sequenceNo" : 566, "repealedDate" : null, "fromSection" : "801-A", "toSection" : "801-A", "text" : " § 801-a. Instruction in civility, citizenship and character education.\\nThe regents shall ensure that the course of instruction in grades\\nkindergarten through twelve includes a component on civility,\\ncitizenship and character education. Such component shall instruct\\nstudents on the principles of honesty, tolerance, personal\\nresponsibility, respect for others, with an emphasis on discouraging\\nacts of harassment, bullying, discrimination, observance of laws and\\nrules, courtesy, dignity and other traits which will enhance the quality\\nof their experiences in, and contributions to, the community. Such\\ncomponent shall include instruction of safe, responsible use of the\\ninternet and electronic communications. The regents shall determine how\\nto incorporate such component in existing curricula and the commissioner\\nshall promulgate any regulations needed to carry out such determination\\nof the regents. For the purposes of this section, \"tolerance,\" \"respect\\nfor others\" and \"dignity\" shall include awareness and sensitivity to\\nharassment, bullying, discrimination and civility in the relations of\\npeople of different races, weights, national origins, ethnic groups,\\nreligions, religious practices, mental or physical abilities, sexual\\norientations, genders, and sexes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "802", "title" : "Instruction relating to the flag; holidays", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-13" ], "docLevelId" : "802", "activeDate" : "2014-09-22", "sequenceNo" : 567, "repealedDate" : null, "fromSection" : "802", "toSection" : "802", "text" : " § 802. Instruction relating to the flag; holidays. 1. It shall be the\\nduty of the commissioner to prepare, for the use of the public schools\\nof the state, a program providing for a salute to the flag and a daily\\npledge of allegiance to the flag, and instruction in its correct use and\\ndisplay which shall include, as a minimum, specific instruction\\nregarding respect for the flag of the United States of America, its\\ndisplay and use as provided by federal statute and regulation and such\\nother patriotic exercises as may be deemed by him to be expedient, under\\nsuch regulations and instructions as may best meet the varied\\nrequirements of the different grades in such schools. However, such\\ninstruction shall include, as a minimum, the provisions of sections one\\nhundred seventy through one hundred seventy-seven of title thirty-six of\\nthe United States Code.\\n 2. It shall also be his duty to make special provision for the\\nobservance in the public schools of Lincoln's birthday, Washington's\\nbirthday, Memorial day and Flag day, and such other legal holidays of\\nlike character as may be hereafter designated by law when the\\nlegislature makes an appropriation therefor.\\n 3. Nothing herein contained shall be construed to authorize military\\ninstruction or drill in the public schools during school hours, except\\nthat the board of education of any school district may offer during\\nschool hours a junior reserve officer training program in conjunction\\nwith the United States Department of Defense to those students in grades\\nnine through twelve who are at least fourteen years of age provided that\\nenrollment and participation in such program is voluntary on the part of\\nthe student and written consent of a parent or guardian is submitted by\\nsuch student and further provided, that the conduct of instruction on or\\nthe presence within any school of any type of current or future weaponry\\nas part of such program is prohibited.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "802-A", "title" : "Instruction relating to general elections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "802-A", "activeDate" : "2014-09-22", "sequenceNo" : 568, "repealedDate" : null, "fromSection" : "802-A", "toSection" : "802-A", "text" : " § 802-a. Instruction relating to general elections. Every school and\\nteacher or instructor shall utilize a sample or facsimile ballot,\\nprovided by the appropriate board of elections pursuant to section 7-118\\nof the election law, when providing instruction in the electoral process\\nrelating to an ongoing general election, for which a sample or facsimile\\nballot has been created, or when holding mock elections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "803", "title" : "Instruction in physical education and kindred subjects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "803", "activeDate" : "2014-09-22", "sequenceNo" : 569, "repealedDate" : null, "fromSection" : "803", "toSection" : "803", "text" : " § 803. Instruction in physical education and kindred subjects. 1. All\\npupils above the age of eight years in all elementary and secondary\\nschools, shall receive as part of the prescribed courses of instruction\\ntherein such physical education under the direction of the commissioner\\nof education as the regents may determine. Such courses shall be\\ndesigned to aid in the well-rounded education of pupils and in the\\ndevelopment of character, citizenship, physical fitness, health and the\\nworthy use of leisure. Pupils above such age attending the public\\nschools shall be required to attend upon such prescribed courses of\\ninstruction.\\n 2. The board of education or trustees of every school district\\nregularly employing twenty or more teachers shall employ a teacher or\\nteachers qualified and duly licensed under the regulations of the\\nregents to give such instruction; in every other district of the state,\\nthey shall require such instruction to be given by the teacher or\\nteachers regularly employed to give instruction in other subjects or by\\na teacher or teachers qualified and duly licensed under the regulations\\nof the regents.\\n 3. The boards of education or trustees of two or more contiguous\\ndistricts in the same supervisory district, however, may join in the\\nemployment of a teacher qualified and duly licensed under the\\nregulations of the regents to give such instruction; and the salary of\\nsuch teacher and the expenses incurred on account of such instruction\\nshall be apportioned by the district superintendent among such districts\\naccording to the assessed valuation thereof, and as so apportioned shall\\nbe a charge upon each of such districts.\\n 4. Similar courses of instruction shall be prescribed and maintained\\nin private schools in the state and all pupils in such schools over\\neight years of age shall attend upon such courses; and if such courses\\nare not so established and maintained in any private school, attendance\\nupon instruction in such school shall not be deemed substantially\\nequivalent to instruction given to children of like ages in the public\\nschool or schools of the city or district in which the child resides.\\n 5. It shall be the duty of the regents to adopt rules determining the\\nsubjects to be included in courses of physical education provided for in\\nthis section, the period of instruction in each of such courses, the\\nqualifications of teachers, and the attendance upon such courses of\\ninstruction.\\n 6. The physical education hereinbefore provided for, may be given,\\nwhen practicable, in any armory of the state where such armory is within\\nconvenient distance from the school, and at such times and in such\\nmanner as not to interfere with the regular military uses of such\\narmory. The commanding officer in charge of any such armory shall, upon\\napplication made by any board of education or trustees of the several\\ncities and school districts within the state, permit access to any such\\narmory, for the purposes herein mentioned.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "803-A", "title" : "Courses of study in prevention of child abduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "803-A", "activeDate" : "2014-09-22", "sequenceNo" : 570, "repealedDate" : null, "fromSection" : "803-A", "toSection" : "803-A", "text" : " § 803-a. Courses of study in prevention of child abduction. 1. All\\npupils in grades K-8 in all public schools in the state shall receive\\ninstruction designed to prevent the abduction of children. Such\\ninstruction shall be provided by or under the direct supervision of\\nregular classroom teachers, provided, however, that such instruction may\\nbe provided by any other agency, public or private.\\n 2. The commissioner, shall provide technical assistance to assist in\\nthe development of curricula for such courses of study which shall be\\nage appropriate and developed according to the needs and abilities of\\npupils at successive grade levels in order to provide awareness skills,\\ninformation, self-confidence and support to aid in the prevention of\\nchild abduction.\\n 3. For purposes of developing such courses of study, the board of\\neducation or trustees of every school district may establish local\\nadvisory councils or utilize the school-based shared decision making and\\nplanning committee established pursuant to regulations of the\\ncommissioner to make recommendations concerning the content and\\nimplementation of such courses. School districts may alternatively\\nutilize courses of instruction developed by consortia of school\\ndistrict, boards of cooperative educational services, other school\\ndistricts or any other agency, public or private. Such advisory councils\\nshall consist of, but not be limited to, parents, school trustees and\\nboard members, appropriate school personnel, business and community\\nrepresentatives, and law enforcement personnel having experience in the\\nprevention of child abduction.\\n 4. The board of education or trustees of every school district shall\\nprovide appropriate training and curriculum materials for the regular\\nteachers who provide such instruction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "804", "title" : "Health education regarding alcohol, drugs, tobacco abuse and the prevention and detection of certain cancers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-07", "2017-02-03", "2017-08-18", "2018-07-13" ], "docLevelId" : "804", "activeDate" : "2014-09-22", "sequenceNo" : 571, "repealedDate" : null, "fromSection" : "804", "toSection" : "804", "text" : " § 804. Health education regarding alcohol, drugs, tobacco abuse and\\nthe prevention and detection of certain cancers. 1. All schools shall\\ninclude, as an integral part of health education, instruction so as to\\ndiscourage the misuse and abuse of alcohol, tobacco, and other drugs and\\npromote attitudes and behavior that enhance health, well being, and\\nhuman dignity.\\n 2. Instruction regarding alcohol, tobacco, and other drugs shall be\\nincluded in the health education provided for all elementary school\\npupils and shall be taught by the regular classroom teachers or by\\nteachers certified to teach health education. Such instruction shall be\\ndesigned according to the needs and abilities of the pupils at\\nsuccessive grade levels with the purpose of developing desirable health\\nbehavior, attitudes, and knowledge as well as self-reliance and problem\\nsolving capacity.\\n 3. Instruction regarding alcohol, tobacco, and other drugs, in\\naddition to continued health guidance in the junior high school grades\\nand the senior high schools, shall be an integral part of a required\\nhealth education course at each of these levels in the secondary schools\\ncurriculum. Students shall be required to demonstrate knowledge in the\\nsubject area through the use of a test, graded project or report, or any\\nother means prescribed by the school authorities regarding alcohol,\\ndrugs, and tobacco. Any such course shall be taught by teachers holding\\na certificate to teach health. Related courses in the secondary school\\ncurriculum shall be taught in a manner supportive of health education\\nregarding alcohol, tobacco, and other drugs. In addition, instruction\\nregarding the dangers of driving while under the influence of alcohol or\\ndrugs shall be an integral part of a required health education course in\\nthe senior high schools. Such instruction shall be provided in all\\nsenior high schools whether or not these schools also provide driver\\neducation courses.\\n 3-a. Instruction regarding methods of prevention and detection of\\ncertain cancers, including but not limited to breast cancer, skin\\ncancer, testicular cancer and other cancers where certain preventive\\nmeasures have become generally accepted and certain detection methods\\nhave been adopted and recommended generally to the public. Such\\ninstruction shall be an integral part of a required health education\\ncourse at the senior high school level, in addition to continued health\\nguidance in senior high schools. Any such course shall be taught by\\nteachers holding a certificate to teach health.\\n 4. a. The commissioner may prescribe in regulations such health\\neducation courses which include instruction regarding alcohol, tobacco,\\nand other drugs as the commissioner may deem necessary and desirable for\\nthe welfare of pupils and the community. The contents may be varied to\\nmeet the needs of particular school districts, or portions thereof, and\\nneed not be uniform throughout the state, provided, however, that school\\ndistricts shall utilize either the curriculum for health education\\ninstruction regarding alcohol, tobacco and other drugs prescribed by the\\ncommissioner or a course approved by the commissioner in accordance with\\ncriteria established by the commissioner. The commissioner is authorized\\nto make recommendations to the board of regents beginning December\\nfirst, two thousand fourteen and every three years thereafter relating\\nto the modernization of such instruction required pursuant to\\nsubdivision one of this section, to include the most up to date age\\nappropriate information available regarding the misuse and abuse of\\nalcohol, tobacco and other drugs, including but not limited to heroin\\nand opioids. Such instruction shall include, but not be limited to,\\ninformation regarding drugs and other substances that are more prevalent\\namong school aged youth. Such recommendations shall be the result of a\\ncollaboration between the department, the office of alcoholism and\\nsubstance abuse services and the department of health. If the board of\\nregents adopts such curriculum, the curriculum requirement shall take\\neffect no later than the next school year after such curriculum has been\\nadopted.\\n b. The commissioner shall make available an interpersonal violence\\nprevention education package for grades kindergarten through twelve,\\nwhich package may consist of student pamphlets, parent pamphlets,\\nvideotapes and other informative materials to be distributed to school\\ndistricts, and shall encourage the use of such material as part of the\\nhealth or other related curricula or programs.\\n c. The regents shall review the health curriculum requirements in\\nexistence on the effective date of this paragraph for the purpose of\\nstreamlining such curriculum and identifying any outdated components\\nthat may be eliminated or consolidated in order to ensure that students\\nhave sufficient time and instruction to develop skills to address issues\\nof violence prevention and mental health. To the extent appropriate, the\\nregents shall modify the existing curriculum to provide greater focus on\\nthe development of skills, by no later than middle school, that are\\nneeded to recognize, cope with and address potentially violent\\nincidents, including an understanding of student's roles in emergency\\nsituations, what to do when confronted with another student who is\\nexperiencing a mental health problem, and other related skills designed\\nto reduce the threat of violence in schools.\\n 5. School authorities shall provide the needed facilities, time, and\\nplace for the instruction set forth herein and shall provide learning\\naids and curriculum resource materials which contribute to effective\\nteaching methods and learning in health education regarding alcohol,\\ntobacco, and other drugs.\\n 6. All pre-service training programs in the state for elementary\\nteachers shall include adequate preparation regarding the instruction in\\nalcohol, tobacco, and other drugs set forth herein, and no teacher shall\\nbe licensed except upon satisfactory demonstration of the competencies\\nincluded in the institutional proposals approved by the education\\ndepartment.\\n 7. Nothing contained in this section shall be deemed to diminish or\\nimpair the duties of the commissioner with respect to the continuing\\nprogram for critical health problems established by chapter seven\\nhundred eighty-seven of the laws of nineteen hundred sixty-seven as\\namended. The commissioner shall coordinate actions taken under authority\\nof this section with the provisions of said chapter as they relate to\\nhealth education in schools, inservice training and training programs,\\nand curriculum or syllabus development regarding the deleterious effects\\nresulting from the use, misuse, and abuse of alcohol, tobacco, and other\\ndrugs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "804-A", "title" : "Comprehensive school health education demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "804-A", "activeDate" : "2014-09-22", "sequenceNo" : 572, "repealedDate" : null, "fromSection" : "804-A", "toSection" : "804-A", "text" : " § 804-a. Comprehensive school health education demonstration program.\\n1. Within the amounts appropriated, the commissioner is hereby\\nauthorized to establish a demonstration program and to distribute state\\nfunds to local school districts, boards of cooperative educational\\nservices and in certain instances community school districts, for the\\ndevelopment, implementation, evaluation, validation, demonstration and\\nreplication of exemplary comprehensive health education programs to\\nassist the public schools in developing curricula, training staff, and\\naddressing local health education needs of students, parents, and staff.\\n 2. School districts or BOCES may contract with appropriate agencies or\\norganizations to participate in such program. Such program shall be\\nlimited to health education at the elementary level and shall be\\ndesigned on a multi-year basis. Such program shall include but not be\\nlimited to the following components:\\n a. Developer grants for comprehensive school health education\\nprograms.\\n (i) Such grants shall include the development, implementation, and\\nevaluation of a comprehensive health education program including such\\nactivities as:\\n (A) coordination of health instruction with other available programs\\nin the school and the community related to health education;\\n (B) provision of inservice training and materials for elementary level\\nschool teachers in comprehensive health education;\\n (C) development and implementation of evaluation procedures to measure\\nstudents' knowledge, skills, behaviors, and attitudes prior to and after\\nproject implementation; and\\n (D) development and implementation of a mechanism for project\\nmaintenance and long-range programming.\\n (ii) Upon successful completion of the above activities and the\\navailability of funds, such grant recipients will assist other local\\neducational agencies with replication.\\n b. Health education regional training centers. Regional training\\ncenters for the purpose of developing materials and providing training\\nprograms to meet the needs of teachers statewide in the implementation\\nof comprehensive school health education programs at the elementary\\nlevel will be established.\\n c. Statewide advocacy for comprehensive health education. Development\\nand implementation of a statewide advocacy program to create an\\nawareness on the part of school administrators of the need to develop\\nstrategies for implementing comprehensive school health education\\nprograms at the elementary level.\\n d. Replication of validated health education programs. Grants will be\\nawarded to local school districts or boards of cooperative educational\\nservices for the replication of nationally or state-validated exemplary\\nhealth education programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "804-B", "title" : "Education regarding child development", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "804-B", "activeDate" : "2014-09-22", "sequenceNo" : 573, "repealedDate" : null, "fromSection" : "804-B", "toSection" : "804-B", "text" : " § 804-b. Education regarding child development. 1. All schools shall\\nbe authorized to include, as an integral part of home economics or\\nhealth education, instruction regarding child development and parental\\nskills and responsibility.\\n 2. Instruction regarding child development and parental skills and\\nresponsibility may be included in the home economics or health education\\nprovided for all secondary school pupils and shall be taught by teachers\\ncertified to teach home economics or health education. Related courses\\nin the secondary school curriculum may be taught in a manner supportive\\nof home economics education or health education regarding child\\ndevelopment and parental skills and responsibility.\\n 3. The commissioner shall promulgate rules and regulations to\\nestablish a curriculum for instruction regarding child development and\\nparental skills and responsibility for the welfare of pupils and the\\ncommunity to be available in school districts. The contents may be\\nvaried to meet the needs of particular school districts, or portions\\nthereof, and need not be uniform throughout the state; such curriculum\\nmay include instruction relating to the consequences and prevention of\\nshaken baby syndrome, which may include the viewing of a video\\npresentation for students in secondary schools.\\n 4. School authorities shall be authorized to provide the needed\\nfacilities, time, and place for the instruction set forth herein and to\\nprovide learning aids and curriculum resource materials which contribute\\nto effective teaching methods and learning in home economics education\\nor health education regarding child development and parental skills and\\nresponsibility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "804-C", "title" : "Cardiopulmonary resuscitation instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "804-C", "activeDate" : "2014-09-22", "sequenceNo" : 574, "repealedDate" : null, "fromSection" : "804-C", "toSection" : "804-C", "text" : " § 804-c. Cardiopulmonary resuscitation instruction. 1. Instructions\\nregarding cardiopulmonary resuscitation may be offered for voluntary\\nadmission as a part of the health education curriculum in all senior\\nhigh schools. In addition to the requirement that all teachers of health\\neducation shall be certified to teach health, persons instructing pupils\\nin cardiopulmonary resuscitation shall possess valid certification by an\\nagency offering such certification in the performance of cardiopulmonary\\nresuscitation and in its instruction.\\n 2. The commissioner may prescribe regulations governing such health\\neducation courses which shall include instruction in cardiopulmonary\\nresuscitation. Such regulations shall in no event prescribe a course of\\nstudy in cardiopulmonary resuscitation which sets forth standards for\\ninstruction of a lesser quality than the requirements of the programs\\nadopted by the American Heart Association or the American Red Cross.\\n 3. School authorities that choose to offer such course shall provide\\nthe needed facilities, time and place for the instruction set forth\\nherein and shall provide learning aids and curriculum resource materials\\nto support such course of study.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "804-D", "title" : "Automated external defibrillator instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "804-D", "activeDate" : "2014-09-22", "sequenceNo" : 575, "repealedDate" : null, "fromSection" : "804-D", "toSection" : "804-D", "text" : " § 804-d. Automated external defibrillator instruction. Instructions\\nregarding the correct use of an automated external defibrillator shall\\nbe included as a part of the health education curriculum in all senior\\nhigh schools when cardiopulmonary resuscitation instruction is being\\nprovided as authorized by section eight hundred four-c of this article.\\nIn addition to the requirement that all teachers of health education\\nshall be certified to teach health, persons instructing pupils in the\\ncorrect use of automated external defibrillators shall possess valid\\ncertification by a nationally recognized organization or the state\\nemergency medical services council offering certification in the\\noperation of an automated external defibrillator and in its instruction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "806", "title" : "Courses of instruction in highway safety and traffic regulation; school safety patrols", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "806", "activeDate" : "2014-09-22", "sequenceNo" : 576, "repealedDate" : null, "fromSection" : "806", "toSection" : "806", "text" : " § 806. Courses of instruction in highway safety and traffic\\nregulation; school safety patrols. 1. The regents of The University of\\nthe State of New York shall prescribe courses of instruction in highway\\nsafety and traffic regulation which shall include bicycle safety, to be\\nmaintained and followed in all the schools of the state. The boards of\\neducation and trustees of the several cities and school districts of the\\nstate shall require instruction to be given in such courses, by the\\nteachers employed in the schools therein. All pupils attending such\\nschools shall attend upon such instruction.\\n Similar courses of instruction shall be prescribed and maintained in\\nprivate schools in the state, and all pupils in such schools shall\\nattend upon such courses. If such courses are not so established and\\nmaintained in a private school, attendance upon instruction in such\\nschool shall not be deemed substantially equivalent to instruction given\\nto pupils of like grade in the public schools in the city or district in\\nwhich such pupils reside.\\n 2. The regents shall determine the subjects to be included in such\\ncourses of instruction in highway safety and traffic regulation\\nincluding bicycle safety, and the period of instruction in each of the\\ngrades in such subjects. They shall adopt rules providing for\\nattendance upon such instruction and for such other matters as are\\nrequired for carrying into effect the teaching of the courses of\\ninstruction prescribed by this section. The commissioner of education\\nshall be responsible for the enforcement of such section and shall cause\\nto be inspected and supervise the instruction to be given in such\\nsubjects. The commissioner may, in his discretion, cause all or a\\nportion of the public school money to be apportioned to a district or\\ncity to be withheld for failure of the school authorities of such\\ndistrict or city to provide instruction in such courses and to compel\\nattendance upon such instruction, as herein prescribed, and for a\\nnoncompliance with the rules of the regents adopted as herein provided.\\n 3. Any board of education or school district board is empowered to\\norganize in the school over which it has control a school safety patrol\\nand, with the written consent of the parents, to appoint pupils as\\nmembers thereof for the purpose of influencing and encouraging the safe\\nuse of highways and highway crossings and bicycles by the pupils of the\\nschool. Nothing herein contained shall be construed to authorize or\\npermit the use of any safety patrol member for the purpose of directing\\nvehicular traffic nor shall any safety patrol member be stationed in\\nthat portion of the highway intended for the use of vehicular traffic.\\nSuch patrol shall function only under the direction and control of the\\nprincipal or teacher in charge of such school. No liability shall attach\\neither to the school district or any individual, trustee, board member,\\nsuperintendent, principal, teacher or other school authority by virtue\\nof the organization, maintenance or operation of a school safety patrol\\norganized, maintained and operated under authority of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "806-A", "title" : "Driver education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "806-A", "activeDate" : "2014-09-22", "sequenceNo" : 577, "repealedDate" : null, "fromSection" : "806-A", "toSection" : "806-A", "text" : " § 806-a. Driver education. 1. Notwithstanding any other provision of\\nlaw, all school districts providing instruction in driver education\\nshall include in such instruction: (a) a driver safety component with an\\nemphasis on the effects of alcohol and drug use, (b) instruction in\\nmotorcycle safety awareness. The commissioner, upon approval by the\\ncommissioner of motor vehicles, shall establish a curriculum for the\\nalcohol and drug education component which shall include but not be\\nlimited to: instruction describing the hazards of driving while impaired\\nor intoxicated; the penalties for alcohol related motor vehicle\\nviolations including sanctions set forth in the penal law that apply to\\nhomicides and assaults arising out of the operation of a motor vehicle\\nwhile intoxicated and those sanctions set forth in the vehicle and\\ntraffic law relating to driving while intoxicated; and the medical,\\nbiological and physiological effects of the consumption of alcohol and\\ntheir impact on the operation of a motor vehicle.\\n 2. The commissioner, upon approval of the commissioner of motor\\nvehicles, shall establish by regulation a certification process by\\ndriver education courses of the amount of time a holder of a class DJ or\\nclass MJ learner's permit has spent operating a motor vehicle while\\nunder the immediate supervision of a driver education teacher. A\\ncertificate issued pursuant to this subdivision shall be deemed to be\\nproof of all or a portion of the supervised driving experience required\\nunder certification pursuant to paragraph (d) of subdivision two of\\nsection five hundred two of the vehicle and traffic law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "807", "title" : "Fire drills", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2016-07-08", "2017-08-18" ], "docLevelId" : "807", "activeDate" : "2014-09-22", "sequenceNo" : 578, "repealedDate" : null, "fromSection" : "807", "toSection" : "807", "text" : " § 807. Fire drills. 1. It shall be the duty of the principal or other\\nperson in charge of every public or private school or educational\\ninstitution within the state, other than colleges or universities, to\\ninstruct and train the pupils by means of drills, so that they may in a\\nsudden emergency be able to leave the school building in the shortest\\npossible time and without confusion or panic. Such drills or rapid\\ndismissals shall be held at least twelve times in each school year,\\neight of which required drills shall be held between September first and\\nDecember first of each such year. At least one-third of all such\\nrequired drills shall be through use of the fire escapes on buildings\\nwhere fire escapes are provided. In the course of at least one such\\ndrill, pupils shall be instructed in the procedure to be followed in the\\nevent that a fire occurs during lunch period, provided however, that\\nsuch additional instruction may be waived where a drill is held during\\nthe regular school lunch period. At least four additional drills shall\\nbe held in each school year during the hours after sunset and before\\nsunrise in school buildings in which students are provided with sleeping\\naccommodations. At least two additional drills shall be held during\\nsummer school in buildings where summer school is conducted, and one of\\nsuch drills shall be held during the first week of summer school.\\n 1-a. In the case of after-school programs, events or performances\\nwhich are conducted within a school building and which include persons\\nwho do not regularly attend classes in such school building, the\\nprincipal or other person in charge of the building shall require the\\nteacher or person in charge of such after-school program, event or\\nperformance to notify persons in attendance at the beginning of each\\nsuch program, event or performance, of the procedures to be followed in\\nthe event of an emergency so that they may be able to leave the building\\nin a timely, orderly manner.\\n 2. It shall be the duty of the board of education or school board or\\nother body having control of the schools in any district or city to\\ncause a copy of this section to be printed in the manual or handbook\\nprepared for the guidance of teachers, where such manual or handbook is\\nin use or may hereafter come into use.\\n 3. It shall be the duty of the person in charge of every public or\\nprivate college or university within the state, to instruct and train\\nthe students by means of drills, so that they may in a sudden emergency\\nbe able to leave the college or university building in the shortest\\npossible time and without confusion or panic. Such drills shall be held\\nat least three times in each year, one of which required drills shall be\\nheld between September first and December first of each such year. In\\nbuildings where summer sessions are conducted, one of such required\\ndrills shall be held during the first week of such summer session. At\\nleast one of such required drills shall be through use of the fire\\nescapes on buildings where fire escapes are provided. At least one\\nadditional drill shall be held in each year during the hours after\\nsunset and before sunrise in college or university buildings in which\\nstudents are provided with sleeping accommodations.\\n 4. Neglect by any principal or other person in charge of any public or\\nprivate school or educational institution to comply with the provisions\\nof this section shall be a misdemeanor punishable at the discretion of\\nthe court by a fine not exceeding fifty dollars; such fine to be paid to\\nthe pension fund of the local fire department where there is such a\\nfund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "807-A", "title" : "Fire inspections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2020-02-21" ], "docLevelId" : "807-A", "activeDate" : "2014-09-22", "sequenceNo" : 579, "repealedDate" : null, "fromSection" : "807-A", "toSection" : "807-A", "text" : " § 807-a. Fire inspections. 1. It shall be the duty of the school\\nauthorities in general charge of the operation of any public or private\\nschool to cause the buildings of such school containing classroom,\\ndormitory, laboratory, physical education, dining or recreational\\nfacilities for student use to be inspected at least annually for fire\\nhazards which might endanger the lives of students, teachers and\\nemployees therein.\\n 2. The annual fire inspection shall be made prior to the first day of\\nDecember of every school year and the report thereof shall be filed by\\nthe school authorities in the places required by subdivision five of\\nthis section no later than the sixteenth day of December of every such\\nyear.\\n 3. a. The school authorities shall cause any fire inspection pursuant\\nto this section to be made by one of the following methods, or any\\ncombination of such methods:\\n (1) Employing, either regularly or specially, persons who, in the\\njudgment of the school authorities, are qualified to make such an\\ninspection, or any phase thereof.\\n (2) Contracting for the making of such inspections, or any phase\\nthereof, by persons who, in the judgment of the school authorities, are\\nqualified.\\n (3) Requesting inspection by the fire department of any city, town,\\nvillage or fire district in which the building is located.\\n (4) Requesting inspection by a fire corporation which is subject to\\nthe provisions of section fourteen hundred two of the not-for-profit\\ncorporation law, if such building is located within the area described\\nin the certificate of incorporation of any such corporation.\\n (5) Requesting inspection by the county fire coordinator, or the\\nofficer performing the powers and duties of a county fire coordinator\\npursuant to a local law, of the county in which the building is located,\\nor by any deputy county fire coordinator or deputy of such other officer\\nso performing the powers and duties of a county fire coordinator\\ndesignated to make the inspection by the county fire coordinator or such\\nother officer so performing the powers and duties of a county fire\\ncoordinator, if the building is located outside a city, town, village,\\nor fire district, which has its own fire department and outside the area\\ndescribed in the certificate of incorporation of any fire corporation\\nwhich is subject to the provisions of section fourteen hundred two of\\nthe not-for-profit corporation law.\\n b. If any such inspection, or phase thereof, is to be made by either\\nof the methods specified in subparagraphs (1) and (2) of paragraph a of\\nthis subdivision, the school authorities shall give reasonable notice of\\nthe date and time such inspection is to be made to the chief, or other\\ncomparable officer, of any fire department, or fire corporation, which\\nhas the regular duty of fighting fire in the building to be inspected.\\nSuch officer, or any subordinate designated by him, may be present\\nduring the inspection and may also file a report of inspection in the\\nmanner provided in this section.\\n c. If any fire department or fire corporation described in\\nsubparagraphs (3) and (4) of paragraph a of this subdivision shall fail\\nor refuse to make a fire inspection promptly after having been requested\\nto do so by the school authorities, the school authorities may request\\nthe county fire coordinator, or the officer performing the powers and\\nduties of a county fire coordinator pursuant to a local law, of the\\ncounty in which the building is located to make such inspection. It\\nshall be the duty of the county fire coordinator, or such other officer\\nso performing the powers and duties of a county fire coordinator, in\\nsuch case to make such inspection or cause it to be made by a deputy\\nwhom he shall designate.\\n d. Regardless of the method or methods used to accomplish the\\ninspection required by this section, the person making the inspection\\nshall file the report thereof with the school authorities no later than\\nthe first day of December.\\n 4. The state fire administrator shall prescribe the form of the fire\\ninspection report and the commissioner of education shall furnish a\\nsupply of such form to school authorities. In prescribing such form the\\nstate fire administrator shall consider standards for fire safety set\\nforth in the state building construction code, the state building\\nconservation and fire prevention code, the regulations of the\\ncommissioner of education and other safety standards.\\n 5. a. The report of any fire inspection shall be filed in the office\\nof the school authorities and with the commissioner of education. All\\nsuch reports so filed in any public office shall be kept as public\\nrecords for at least three years after which period they may be\\ndestroyed.\\n b. Within twenty days after the filing of the report with the school\\nauthorities, the school authorities shall cause public notice of the\\nfiling of such report to be given in substantially the following form:\\n\"Notice is hereby given that the annual inspection for (year) of\\nthe school building (or of the\\nand school buildings) of (name of school district or private\\nschool) for fire hazards which might endanger the lives of students,\\nteachers and employees therein, has been completed and the report\\nthereof is available at the office of (school district or private\\nschool) at for inspection by all interested persons\". If the\\ninspection was not made for the school authorities by the fire\\ndepartment or fire company responsible for fire protection of the\\nbuilding, such authorities shall cause a copy of such notice to be\\nmailed to the chief of such fire department or company.\\n c. The school authorities of public schools shall cause such notice to\\nbe published at least once in the official newspaper, or if there is no\\nofficial newspaper, in a newspaper having general circulation in the\\nschool district, and if there is no newspaper having general circulation\\nin the district, shall cause such notice to be posted in ten conspicuous\\nplaces in the district. Proof of publication or posting of such notice\\nand of the mailing of a copy of such notice to the fire chief shall be\\nfiled in the office of the district.\\n d. The school authorities of private schools shall cause such notice\\nto be published at least once in a newspaper having general circulation\\nin the postal area in which the school building is located, and if there\\nis no newspaper having general circulation in such postal area, shall\\ncause such notice to be posted in ten conspicuous places in such postal\\narea. Proof of posting or publication of such notice and of the mailing\\nof a copy of such notice to the fire chief shall be filed in the school\\noffice.\\n e. If the report shows any alleged deficiencies, the school\\nauthorities shall give at least five days notice by mail to the chief of\\nthe fire department or fire company responsible for fire protection of\\nthe school building of the date and place of a meeting of the trustees,\\nboard of education, or corresponding officers by whatever name known, to\\nbe held within thirty days following the publication or posting required\\nby this section, and shall at such meeting confer with the fire chief\\nconcerning the alleged deficiencies appearing on the inspection report\\nand the measures proposed to be taken by the school authorities to\\ncorrect such deficiencies.\\n f. In each such school district subject to the jurisdiction of a\\ndistrict superintendent under the provisions of article forty-five of\\nthe education law, such district superintendent shall ascertain that the\\nnotices required by this subdivision have been published or posted, and\\nmailed, and any conference with the fire chief required by this\\nsubdivision has been had.\\n 6. It shall be the duty of the commissioner to ascertain annually\\nwhether the inspections of school buildings required by this section\\nhave been made and the reports of the inspection have been filed in\\ntheir respective offices. The commissioner shall review the reports of\\ninspection filed pursuant to this section and may make recommendations\\nto the school authorities with respect to any problems relating to\\nschool fire safety noted in such reports. The commissioner shall require\\na re-inspection of school buildings where a report of inspection\\nidentified violations that, if uncorrected, would cause the department\\nto deny an annual certificate of occupancy to such school building, and\\nshall require additional re-inspections until it is demonstrated to the\\nsatisfaction of the commissioner that said violations have been\\ncorrected. The commissioner may inspect or cause to be inspected at any\\nreasonable time for fire prevention and fire protection purposes the\\nschool buildings required to be inspected by this section.\\n 7. a. Every public or private school required to be inspected as\\nhereinabove provided may be inspected for fire prevention and fire\\nprotection purposes at any reasonable time by:\\n (1) the chief of the fire department of the city, town, village or\\nfire district in which the school is located,\\n (2) the chief of a fire corporation having its headquarters outside a\\nvillage or fire district, if the school is located in the area described\\nin the certificate of incorporation of such company,\\n (3) the chief of the fire department or fire company affording fire\\nprotection to a fire district, fire protection district, or fire alarm\\ndistrict pursuant to a contract, if the school is located in any such\\ndistrict,\\n (4) the member of any fire department or fire company listed in\\nsubparagraph one, two or three of this paragraph assigned by the chief\\nthereof the duty of inspecting school buildings.\\n b. In no event shall the school authorities of any public or private\\nschool, required to be inspected as hereinabove provided, refuse access\\nat any reasonable time to any person described in subparagraphs one,\\ntwo, three and four of paragraph a of this subdivision, who appears for\\nthe purpose of conducting an inspection for fire prevention or fire\\nprotection purposes; provided, however, that the administrator or the\\ndesignee of the administrator of the school to be inspected shall be\\ngiven the opportunity to be present during the inspection.\\n 8. Any person, or any public or other corporation for which any such\\nperson acts, shall not be liable for any error, omission or lack of\\nthoroughness in the making of the inspection and report required or\\npermitted by this section.\\n 9. The term \"school authorities\", as used in this section, means, in\\nrelation to public schools, the trustees, or board of education, or\\ncorresponding officers, whether one or more, and by whatever name known\\nof a city school district, or other school district however created, or,\\nin relation to private schools, the board of trustees, board of\\ndirectors, or other governing board in general charge of the operation\\nof any such school.\\n 10. The term \"private school\", as used in this section, means:\\n a. Any nursery school or kindergarten attended by six or more pupils\\nthree years of age or older which may apply for registration by the New\\nYork state education department pursuant to part one hundred twenty-five\\nof title eight of the official compilation of codes, rules and\\nregulations of the state of New York; provided, however, that this\\nsection shall not apply to day care facilities possessing a valid permit\\nas required by section three hundred ninety of the social services law;\\nor\\n b. Any establishment, other than a public school, attended by\\ntwenty-five or more pupils for the purpose of receiving the instruction\\nof academic grade at the elementary or secondary level required by part\\none of article sixty-five of this chapter.\\n 11. This section shall not apply to the school authorities in the\\ncities of New York, Buffalo, Rochester, Syracuse and Yonkers or to\\ncolleges and universities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "807-B", "title" : "College fire inspections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "807-B", "activeDate" : "2014-09-22", "sequenceNo" : 580, "repealedDate" : null, "fromSection" : "807-B", "toSection" : "807-B", "text" : " § 807-b. College fire inspections. 1. It shall be the duty of the\\ncollege authorities in general charge of the operation of any public or\\nindependent college to cause the buildings under the jurisdiction of\\nsuch college containing classroom, dormitory, fraternities, sororities,\\nlaboratory, physical education, dining or recreational facilities for\\nstudent use to be inspected at least annually for fire hazards which\\nmight endanger the lives of students, teachers and employees therein.\\nInspections of all public and independent college buildings, with the\\nexception of those within a city having a population of one million or\\nmore, shall be conducted by the state office of fire prevention and\\ncontrol or a designee of the state fire administrator. An inspection\\nreport shall be produced by the inspecting agency for each building\\ninspected.\\n 2. The annual fire inspection for public and independent colleges\\nshall be made when the college is in session.\\n 3. The office of fire prevention and control is authorized to adopt\\nrules and regulations establishing minimum standards for the content and\\nfrequency of such inspections in order to ensure compliance with\\napplicable fire safety standards. In the event violations of applicable\\ncodes, rules and regulations pertaining to fire safety are found during\\ninspections, the office of fire prevention and control is authorized to\\ntake appropriate actions to ensure that violations are promptly\\nremedied.\\n 4. The state fire administrator shall prescribe the format of the fire\\ninspection report. In prescribing such format the state fire\\nadministrator shall consider standards for fire safety set forth in the\\nuniform fire prevention and building code and other applicable fire\\nsafety standards.\\n 5. Within ninety days of completing such inspection, the office of\\nfire prevention and control or its designee shall file a copy of the\\nreport with the office of the college authorities and with the\\ncommissioner. All such reports so filed shall be kept as records for at\\nleast three years after which period they may be destroyed. A copy of\\nsuch report shall also be filed with the chief, or other comparable\\nofficer, of any fire department or fire corporation which has the\\nregular duty of fighting fire in the building inspected.\\n 6. The office of fire prevention and control or its designee shall\\nmake recommendations to the college authorities with respect to any\\nproblems relating to building fire safety noted in such reports. The\\ncommissioner may inspect or cause to be inspected at any reasonable time\\nfor fire prevention and fire protection purposes the buildings required\\nto be inspected by this section. The commissioner may impose a fine of\\nup to five hundred dollars per day upon any public or independent\\ncollege which fails to remedy, to the satisfaction of the office of fire\\nprevention and control, any violation noted in a report within thirty\\ndays of receiving a copy of such report.\\n 7. Every public or independent college building required to be\\ninspected by the office of fire prevention and control or its designee\\nmay also be examined for fire protection purposes at any reasonable time\\nby\\n a. the chief of the fire department of the city, town, village or fire\\ndistrict in which the college building is located,\\n b. the chief of a fire corporation having its headquarters outside a\\nvillage or fire district, if the college building is located in the area\\ndescribed in the certificate of incorporation of such company,\\n c. the chief of the fire department or fire company affording fire\\nprotection to a fire district, fire protection district, or fire alarm\\ndistrict pursuant to a contract, if the college building is located in\\nany such district,\\n d. the member of any fire department or fire company listed in\\nparagraphs a, b or c of this subdivision assigned by the chief.\\n 8. Any person, or any public or other corporation for which any such\\npersons acts, shall not be liable for any error, omission or lack of\\nthoroughness in the making of the inspection and report required or\\npermitted by this section.\\n 9. The term \"college authorities\", as used in this section, means the\\nboard of trustees, board of directors, or other governing board in\\ngeneral charge of the operation of any such college.\\n 10. The term \"public college\" shall mean and include \"state-operated\\ninstitutions\", \"statutory or contract colleges\" and \"community colleges\"\\nas defined in section three hundred fifty of this chapter.\\n 11. The term \"independent college\" shall mean colleges other than\\nthose included within subdivision ten of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "807-C", "title" : "Transmission of fire alarm to fire department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2020-02-21" ], "docLevelId" : "807-C", "activeDate" : "2014-09-22", "sequenceNo" : 581, "repealedDate" : null, "fromSection" : "807-C", "toSection" : "807-C", "text" : " § 807-c. Transmission of fire alarm to fire department. 1. The school\\nauthorities designated in subdivision nine of section eight hundred\\nseven-a of this chapter in charge of the operation of any public school\\nor of any private school designated in subdivision ten of such section,\\nlocated in an area within which a fire department or fire company is\\nresponsible for fire protection and within which there is no\\nelectrically or electronically operated fire alarm reporting system\\nprovided for public use may cause the internal fire alarm, fire\\ndetection, or fire extinguishing system of each building in which is\\ncontained classroom, dormitory, laboratory, physical education, dining\\nor recreational facilities for student use to be interconnected with the\\nfire alarm reporting location or system which is provided for such fire\\ndepartment or fire company to receive alarms from the public so that\\nupon activation of such internal fire alarm, fire detection, or fire\\nextinguishing system a signal will be automatically transmitted to such\\nfire alarm reporting location or system.\\n 2. School authorities and the governing body having jurisdiction of\\nany fire department or fire company are hereby authorized, by agreement\\nbetween them, to apportion the costs of installing and maintaining any\\nsuch interconnection, and such costs are hereby deemed appropriate\\nexpenditures from the funds of such school authorities and governing\\nbodies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "807-D", "title" : "Locating source of fires in schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "807-D", "activeDate" : "2014-09-22", "sequenceNo" : 582, "repealedDate" : null, "fromSection" : "807-D", "toSection" : "807-D", "text" : " § 807-d. Locating source of fires in schools. 1. In all public and\\nprivate school buildings having a central annunciator panel or fire\\nalarm cabinet which displays a visual signal identifying any heat\\ndetector, smoke detector, or manually operated fire alarm box within the\\nbuilding which has been activated, there shall be provided as a part of\\nor immediately adjacent to such panel or cabinet a chart or plan showing\\nthe specific location within the building of each such device.\\n 2. In the case of school buildings and additions to existing school\\nbuildings, the construction of which is commenced after September first,\\nnineteen hundred seventy-three, any such panel or cabinet and such chart\\nor plan within such building or addition shall be so located that the\\nsame may be read without entering the building.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "808", "title" : "Instruction in fire and arson prevention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "808", "activeDate" : "2014-09-22", "sequenceNo" : 583, "repealedDate" : null, "fromSection" : "808", "toSection" : "808", "text" : " § 808. Instruction in fire and arson prevention. 1. The commissioner\\nis hereby directed to provide and prescribe a course of instruction in\\nfire and arson prevention, injury prevention and life safety education\\nrelating to the protection against injury or death and protection of\\nproperty against loss or damage as a result of criminally initiated or\\nother preventable fire, for use in the schools of the state, as\\nprescribed by this section. Such course of instruction shall include\\nmaterials to educate children on the dangers of falsely reporting a\\ncriminal incident, an impending explosion or fire emergency involving\\ndanger to life or property, an impending catastrophe, or a life safety\\nemergency.\\n 2. The board of education, trustees, principal or other person in\\ncharge of every public, private and parochial school in the state shall\\narrange for giving such course of instruction in every school under its\\nor his control or direction. Such instruction shall be given to all of\\nthe pupils in every such school for a period of not less than forty-five\\nminutes in each month during which such school is in session.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "809", "title" : "Instruction in the humane treatment of animals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "809", "activeDate" : "2014-09-22", "sequenceNo" : 584, "repealedDate" : null, "fromSection" : "809", "toSection" : "809", "text" : " § 809. Instruction in the humane treatment of animals. 1. The officer,\\nboard or commission authorized or required to prescribe courses of\\ninstruction shall cause instruction to be given in every elementary\\nschool under state control or supported wholly or partly by public money\\nof the state, in the humane treatment and protection of animals and the\\nimportance of the part they play in the economy of nature as well as the\\nnecessity of controlling the proliferation of animals which are\\nsubsequently abandoned and caused to suffer extreme cruelty. Such\\ninstruction shall be for such period of time during each school year as\\nthe board of regents may prescribe and may be joined with work in\\nliterature, reading, language, nature study or ethnology. Such weekly\\ninstruction may be divided into two or more periods. A school district\\nshall not be entitled to participate in the public school money on\\naccount of any school or the attendance at any school subject to the\\nprovisions of this section, if the instruction required hereby is not\\ngiven therein.\\n 2. Study and care of live animals. Any school which cares for or uses\\nanimals for study shall ensure that each animal in such school be\\nafforded the following: appropriate quarters; sufficient space for the\\nnormal behavior and postural requirements of the species; proper\\nventilation, lighting, and temperature control; adequate food and clean\\ndrinking water; and quarters which shall be cleaned on a regular basis\\nand located in an area where undue stress and disturbance are minimized.\\n 3. Application. The provisions of this section shall not be construed\\nto prohibit or constrain vocational instruction in the normal practice\\nof animal husbandry, or prohibit or constrain instruction in\\nenvironmental education activities as established by the department of\\nenvironmental conservation.\\n 4. Dissection of animals. Any student expressing a moral or religious\\nobjection to the performance or witnessing of the dissection of an\\nanimal, either wholly or in part, shall be provided the opportunity to\\nundertake and complete an alternative project that shall be approved by\\nsuch student's teacher; provided, however, that such objection is\\nsubstantiated in writing by the student's parent or legal guardian.\\nStudents who perform alternative projects who do not perform or witness\\nthe dissection of animals shall not be penalized. The board of education\\nor trustees of a school district shall develop a policy to give\\nreasonable notice to all students enrolled in a course that includes the\\ndissection of an animal and students' parents or legal guardians about\\ntheir rights under this subdivision. Such notice shall be made available\\nupon request at the school and distributed to parents and students\\nenrolled in a course that includes dissection at least once at the\\nbeginning of the school year.\\n 5. Treatment of live vertebrate animals. a. Except as provided for in\\nthis subdivision, no school district, school principal, administrator,\\nor teacher shall require or permit the performance of a lesson or\\nexperimental study on a live vertebrate animal in any such school or\\nduring any activity conducted under the auspices of such school whether\\nor not the activity takes place on the premises of such school where\\nsuch lesson or experimental study employs: (i) micro-organisms which\\ncause disease in humans or animals, (ii) ionizing radiation, (iii) known\\ncancer producing agents, (iv) chemicals at toxic levels, (v) drugs\\nproducing pain or deformity, (vi) severe extremes of temperature, (vii)\\nelectric or other shock, (viii) excessive noise, (ix) noxious fumes, (x)\\nexercise to exhaustion, (xi) overcrowding, (xii) paralysis by muscle\\nrelaxants or other means, (xiii) deprivation or excess of food, water or\\nother essential nutrients, (xiv) surgery or other invasive procedures,\\n(xv) other extreme stimuli, or (xvi) termination of life.\\n b. Notwithstanding any inconsistent provision of this section, the\\ncommissioner may, upon the submission of a written program plan, issue\\nto such school a written waiver of such restrictions for students\\nsubject to the following provisions: (i) the student shall be in grade\\nten, eleven, or twelve; and (ii) the student shall be under the\\nsupervision of one or more teachers certified in science; and (iii) the\\nstudent shall be pursuing an accelerated course of study in the sciences\\nas defined by the commissioner in preparation for taking a state or\\nnational advanced placement examination. The commissioner shall issue a\\nwaiver of such restrictions for any teacher certified in science\\ninstructing such student. The written program plan shall include, but\\nnot be limited to: (i) the educational basis for requesting a waiver;\\n(ii) the objective of the lesson or experiment; (iii) the methods and\\ntechniques to be used; and (iv) any other information required by the\\ncommissioner.\\n 6. Report. On or before the first day of January next succeeding the\\neffective date of this amended section, the commissioner shall annually\\nsubmit a report to the governor and the legislature which shall include,\\nbut not be limited to, the number of written program plan proposals\\nsubmitted by schools and the number of such proposals subsequently\\napproved by the commissioner. In those cases where a program plan\\nproposal has been approved by the commissioner, such plan shall be\\nappended to and become a part of the commissioner's annual report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "809-A", "title" : "Instruction in the safe use of firearms and in the game laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "809-A", "activeDate" : "2014-09-22", "sequenceNo" : 585, "repealedDate" : null, "fromSection" : "809-A", "toSection" : "809-A", "text" : " § 809-a. Instruction in the safe use of firearms and in the game laws.\\nThe officer, board, or commission authorized or required to prescribe\\ncourses of instructions in any school under state control, may authorize\\ninstructions to be given in the safe and proper use of firearms allowed\\nby law to be used in the taking of wild game, and may also authorize\\ninstructions to be given in the study of game laws and of proper hunting\\nand conservation practices. Such courses of instruction shall be\\napproved by both the education department and the department of\\nenvironmental conservation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "810", "title" : "Conservation day", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "810", "activeDate" : "2014-09-22", "sequenceNo" : 586, "repealedDate" : null, "fromSection" : "810", "toSection" : "810", "text" : " § 810. Conservation day. 1. The last Friday in April each year is\\nhereby made and declared to be known as Conservation day, and observed\\nin accordance with the provisions of this chapter, except that for the\\nyear nineteen hundred seventy-eight, Conservation day shall be May\\nthird.\\n 2. It shall be the duty of the authorities of every public school in\\nthis state to assemble the pupils in their charge on that day in the\\nschool building, or elsewhere, as they may deem proper, and to provide\\nfor and conduct (1) such exercises as shall tend to encourage the\\nplanting, protection and preservation of trees and shrubs, and an\\nacquaintance with the best methods to be adopted to accomplish such\\nresults, and (2) such lectures, pictures or tours, as shall tend to\\nincrease the interest and knowledge of such pupils in the fish and wild\\nlife, soil and water of the state.\\n 3. The commissioner of education may prescribe from time to time a\\ncourse of exercises and instruction in the subjects hereinbefore\\nmentioned, which shall be adopted and observed by the public school\\nauthorities on Conservation day. Upon receipt of copies of such course\\nsufficient in number to supply all the schools under their supervision,\\nthe school authorities aforesaid shall promptly provide each of the\\nschools under their charge with a copy, and cause it to be observed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "811", "title" : "Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "811", "activeDate" : "2014-09-22", "sequenceNo" : 587, "repealedDate" : null, "fromSection" : "811", "toSection" : "811", "text" : " § 811. Procurement, use and possession of hypodermic syringes and\\nneedles by school personnel for educational purposes. 1.\\nNotwithstanding the provisions of section 220.45 of the penal law, it\\nshall be lawful for authorized persons under the jurisdiction of the\\npublic school authorities in a public school; or of the state education\\ndepartment; or of the governing board of any other educational\\ninstitution, the curriculum of which is registered by the department, to\\npurchase, acquire, have under control, possess and use hypodermic\\nsyringes and needles for instructional or other educational purposes\\nprovided such school authorities in the case of a school district, the\\nappropriate superior officer in the case of the department, or such\\ngoverning board in the case of other institutions, has filed with the\\ncommissioner of education and with the state department of health a\\ncertificate of need for such hypodermic needles which shall set forth\\nthe following:\\n a. The legal designation and address of the school district, if a\\npublic school or if another school or institution, the name and address\\nthereof, and the exact location where such hypodermic syringes and\\nneedles will be used and stored.\\n b. The name and address of the chief administrative officer of the\\nschool or institution.\\n c. The use proposed to be made of such hypodermic needles.\\n d. The names of persons employed in the school, the department, or\\nother institution authorized to have custody and/or use of such\\nhypodermic needles.\\n e. The safeguards to be taken to prevent such instruments from falling\\ninto the hands of unauthorized persons.\\n f. The disposition which will be made of unwanted or broken syringes\\nand needles. In the case of the department such certificate shall be\\nmade and filed by the assistant commissioner under whose supervision the\\nwork involving the use of such hypodermic syringes or needles is done,\\nand a duplicate thereof shall be filed with the state department of\\nhealth.\\n 2. Nothing contained in this section shall be construed to require the\\nfiling of such names by medical institutions, including but not limited\\nto, public health centers, industrial clinics, diagnostic, treatment or\\nresearch centers, rehabilitation facilities, nursing homes, medical\\nschools or colleges, tuberculosis, mental, chronic disease and other\\ntypes of hospitals, clinical laboratories, outpatient departments,\\nnurses training facilities and central service facilities operated in\\nconjunction with medical institutions.\\n 3. The commissioner, after consultation with the commissioner of\\nhealth, shall make regulations for the administration of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "812", "title" : "Health training program for secondary school students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "812", "activeDate" : "2014-09-22", "sequenceNo" : 588, "repealedDate" : null, "fromSection" : "812", "toSection" : "812", "text" : " § 812. Health training program for secondary school students. 1. The\\ncommissioner, in cooperation with the board of regents, is authorized\\nand directed to establish and develop a program of credit for health\\ntraining for those secondary school students evidencing an interest to\\npursue a health care services career. Such program may be instituted by\\nany school district seeking to provide its secondary school students\\nwith an opportunity to participate in a health care facility or agency\\ntraining program wherein its secondary school students shall receive\\nacademic credit for work related training received at health care\\nfacilities or agencies.\\n 2. The board of regents shall establish criteria to be used by school\\ndistricts participating in such program for the selection of eligible\\nsecondary school students seeking placement in a health training program\\nsubject to availability of placement openings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "813", "title" : "School lunch period; scheduling", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "813", "activeDate" : "2014-09-22", "sequenceNo" : 589, "repealedDate" : null, "fromSection" : "813", "toSection" : "813", "text" : " § 813. School lunch period; scheduling. Each school shall schedule a\\nreasonable time for each full day pupil attending pre-kindergarten\\nthrough grade twelve to consume lunch.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "814", "title" : "Courses of study in internet safety", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "814", "activeDate" : "2014-09-22", "sequenceNo" : 590, "repealedDate" : null, "fromSection" : "814", "toSection" : "814", "text" : " § 814. Courses of study in internet safety. 1. Any school district in\\nthe state may provide, to pupils in grades kindergarten through twelve,\\ninstruction designed to promote the proper and safe use of the internet.\\n 2. The commissioner shall provide technical assistance to assist in\\nthe development of curricula for such courses of study which shall be\\nage appropriate and developed according to the needs and abilities of\\npupils at successive grade levels in order to provide awareness, skills,\\ninformation and support to aid in the safe usage of the internet.\\n 3. The commissioner shall develop age-appropriate resources and\\ntechnical assistance for schools to provide to students in grades three\\nthrough twelve and their parents or legal guardians concerning the safe\\nand responsible use of the internet. The resources shall include, but\\nnot be limited to, information regarding how child predators may use the\\ninternet to lure and exploit children, protecting personal information,\\ninternet scams and cyber-bullying.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "815", "title" : "State seal of biliteracy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "815", "activeDate" : "2014-09-22", "sequenceNo" : 591, "repealedDate" : null, "fromSection" : "815", "toSection" : "815", "text" : " § 815. State seal of biliteracy. 1. (a) The state seal of biliteracy\\nis established to recognize high school graduates who have attained a\\nhigh level of proficiency in listening, speaking, reading, and writing\\nin one or more languages in addition to English. The state seal of\\nbiliteracy shall be awarded by the commissioner. School district\\nparticipation in this program is voluntary.\\n (b) The purposes of the state seal of biliteracy are as follows:\\n (1) To encourage pupils to study languages.\\n (2) To certify attainment of biliteracy.\\n (3) To provide employers with a method of identifying people with\\nlanguage and biliteracy skills.\\n (4) To provide universities with an additional method to recognize\\napplicants seeking admission.\\n (5) To prepare pupils with twenty-first century skills.\\n (6) To recognize the value of foreign language and native language\\ninstruction in public schools. For the purpose of this section foreign\\nlanguage means any language other than English (LOTE) including all\\nmodern languages, Latin, American Sign Language, Native American\\nlanguages and native languages.\\n (7) To strengthen intergroup relationships, affirm the value of\\ndiversity, and honor the multiple cultures and languages of a community.\\n 2. (a) The state seal of biliteracy certifies attainment of a high\\nlevel of proficiency by a graduating high school pupil in one or more\\nlanguages, in addition to English.\\n (b) The board of regents shall promulgate such regulations of the\\ncommissioner as may be necessary to establish the criteria that students\\nmust achieve to earn a state seal of biliteracy, which may include, but\\nis not limited to attainment of units of credit in English language arts\\nand languages other than English, passage of state assessments in\\nEnglish language arts and language other than English, and passage of\\nsuch additional assessments of foreign language proficiency as may be\\napproved by the commissioner for this purpose.\\n (c) For purposes of this section, foreign language means any language\\nother than English (LOTE) including all modern languages, Latin,\\nAmerican Sign Language, Native American languages and native languages.\\n 3. The commissioner shall do both of the following:\\n (a) Prepare and deliver to participating school districts an\\nappropriate insignia to be affixed to the diploma and transcript of the\\npupil indicating that the pupil has been awarded a state seal of\\nbiliteracy by the commissioner.\\n (b) Provide other information he or she deems necessary for school\\ndistricts to successfully participate in the program.\\n 4. A school district that participates in the program under this\\nsection shall do both of the following:\\n (a) Maintain appropriate records in order to identify pupils who have\\nearned a state seal of biliteracy.\\n (b) Affix the appropriate insignia to the diploma and transcript of\\neach pupil who earns a state seal of biliteracy.\\n 5. No fee shall be charged to a pupil pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "816", "title" : "Local library and school partnerships", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "816", "activeDate" : "2014-09-22", "sequenceNo" : 592, "repealedDate" : null, "fromSection" : "816", "toSection" : "816", "text" : " § 816. Local library and school partnerships. 1. Legislative intent.\\nIn order to promote and encourage children to read and learn outside the\\nclassroom, this law seeks to encourage local libraries and schools to\\nwork together to promote the availability of library services and\\nresources.\\n 2. Definitions. For the purposes of this section, the following terms\\nshall be defined as follows:\\n a. \"School district\" shall mean any public school district in the\\nstate of New York that contains one or more schools with any combination\\nof grades from and including kindergarten through grade twelve.\\n b. \"Public library\" shall mean any public or association library as\\ndefined in section two hundred fifty-three of this title.\\n 3. Upon the request of a public library that is located within the\\nboundaries of a school district, the district shall disseminate\\ninformational materials provided by the library regarding the public\\nlibrary and applications for public library cards to students enrolled\\nin the school district. Such materials shall be distributed to any or\\nall of the following, as requested by the public library:\\n a. annually to every student of such school district upon his or her\\nentry into kindergarten, grade six and grade nine, except that a library\\nand school may agree to alternate or additional grades;\\n b. to every student upon his or her enrollment as a new student; and\\n c. available at all times in the school library in each school within\\nthe school district for students and parents who wish to obtain such\\nmaterials.\\n 4. The director of each participating public library shall consult\\nannually with the school district in order to coordinate the provision\\nof materials containing information regarding the library, instructions\\non how students may obtain a library card and an application for a\\nlibrary card.\\n 5. Each public library that is located in the school district shall\\nprovide sufficient copies of such materials to the school district for\\ndistribution as described in subdivision three of this section so that\\neach school may satisfy the requirements of this section.\\n 6. In the event there is no public library located within the\\nboundaries of a school district, such school district shall not be\\nrequired to comply with this section.\\n 7. The commissioner shall have the authority to establish rules and\\nregulations to implement the provisions of this section.\\n 8. Nothing in this act shall require a school district to expend\\nadditional funds in order to comply with the provisions of this section.\\n 9. This section shall not apply to a school district or a library in a\\ncity of one million or more where such district or library are subject\\nto a local law which was adopted prior to the enactment of this section\\nand which provides for the distribution of library materials in public\\nschools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 28 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A19", "title" : "Medical and Health Service", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-10-31", "2015-05-01", "2017-08-25", "2018-04-20", "2021-10-29", "2022-08-19", "2023-05-12", "2025-05-16", "2025-05-23", "2025-10-03", "2025-11-14" ], "docLevelId" : "19", "activeDate" : "2014-09-22", "sequenceNo" : 593, "repealedDate" : null, "fromSection" : "901", "toSection" : "920", "text" : " ARTICLE 19\\n MEDICAL AND HEALTH SERVICE\\nSection 901. School health services to be provided.\\n 902. Employment of health professionals.\\n 903. Students to furnish health certificates; and dental\\n health certificates.\\n 904. Examinations by health appraisal.\\n 905. Record of screening examinations for vision, hearing and\\n scoliosis.\\n 906. Existence of communicable diseases; return after illness.\\n 907. Use of sunscreen.\\n 909. School hygiene districts.\\n 910. Choice of method of treatment.\\n 911. Enforcement.\\n 912. Health and welfare services to all children.\\n 912-a. Urine analysis; drug detection.\\n 912-b. Speech and language improvement services.\\n 913. Medical examinations of teachers and other employees.\\n 914. Immunization of children.\\n 915. Prohibiting the sale of certain sweetened foods.\\n 916. Pupils afflicted with asthma.\\n 917. On-site cardiac automated external defibrillator.\\n 918. School district nutrition advisory committees.\\n 919. On-site nebulizers.\\n 920. Public schools; infestation of bedbugs (Cimex\\n lectularius).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "901", "title" : "School health services to be provided", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "901", "activeDate" : "2014-09-22", "sequenceNo" : 594, "repealedDate" : null, "fromSection" : "901", "toSection" : "901", "text" : " § 901. School health services to be provided. 1. School health\\nservices, as defined in subdivision two of this section, shall be\\nprovided by each school district for all students attending the public\\nschools in this state, except in the city school district of the city of\\nNew York, as provided in this article. School health services shall\\ninclude the services of a registered professional nurse, if one is\\nemployed, and shall also include such services as may be rendered as\\nprovided in this article in examining students for the existence of\\ndisease or disability and in testing the eyes and ears of such students.\\n 2. School health services for the purposes of this article shall mean\\nthe several procedures, including, but not limited to, medical\\nexaminations, dental inspection and/or screening, scoliosis screening,\\nvision screening and audiometer tests, designed to determine the health\\nstatus of the child; to inform parents or other persons in parental\\nrelation to the child, pupils and teachers of the individual child's\\nhealth condition subject to federal and state confidentiality laws; to\\nguide parents, children and teachers in procedures for preventing and\\ncorrecting defects and diseases; to instruct the school personnel in\\nprocedures to take in case of accident or illness; to survey and make\\nnecessary recommendations concerning the health and safety aspects of\\nschool facilities and the provision of health information.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "902", "title" : "Employment of health professionals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2015-11-13", "2017-08-18" ], "docLevelId" : "902", "activeDate" : "2014-09-22", "sequenceNo" : 595, "repealedDate" : null, "fromSection" : "902", "toSection" : "902", "text" : " § 902. Employment of health professionals. 1. As used in this article\\n\"health professionals\" means persons duly licensed or otherwise\\nauthorized to practice a health profession pursuant to applicable law,\\nincluding, but not limited to, physicians, registered professional\\nnurses, nurse practitioners, physicians assistants, optometrists,\\ndentists, dental hygienists, dietitians and nutritionists, and\\naudiologists.\\n 2. a. The board of education, and the trustee or board of trustees of\\neach school district, shall employ, at a compensation to be agreed upon\\nby the parties, a qualified physician, or a nurse practitioner to the\\nextent authorized by the nurse practice act and consistent with the\\nwritten practice agreement pursuant to subdivision three of section six\\nthousand nine hundred two of this chapter, to perform the duties of the\\ndirector of school health services, including any duties conferred on\\nthe school physician or school medical inspector under any provision of\\nlaw, to perform and coordinate the provision of health services in the\\npublic schools and to provide health appraisals of students attending\\nthe public schools in the city or district. The physicians or nurse\\npractitioners so employed shall be duly licensed pursuant to applicable\\nlaw.\\n b. Any such board or trustees may employ one or more school nurses,\\nwho shall be registered professional nurses, as well as other health\\nprofessionals, as may be required. Such registered professional nurses\\nand other health professionals shall aid the director of school health\\nservices of the district and shall perform such duties, including health\\ninstruction for the benefit of the public schools as may be prescribed\\nby such board or trustees, in compliance with each such health\\nprofessional's practice act.\\n 3. Health professionals may be employed by the trustees or boards of\\neducation of two or more school districts, and the compensation of such\\nhealth professionals, and the expenses incurred in providing school\\nhealth services for students as provided in this article, shall be borne\\njointly by such districts, and be apportioned among them in any manner\\nagreed to by such districts in a sharing agreement entered pursuant to\\nsection one hundred nineteen-o of the general municipal law. The\\ntrustees or boards of education of two or more school districts in a\\nsupervisory district may enter into an agreement, or agreements as may\\nbe required, with a board of cooperative educational services for the\\nprovision of the services of one or more registered professional nurses,\\nand other health professionals to perform health services, including\\nhealth instruction in such districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "903", "title" : "Students to furnish health certificates; and dental health certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2015-11-13", "2017-08-18", "2017-08-25", "2019-08-23" ], "docLevelId" : "903", "activeDate" : "2014-09-22", "sequenceNo" : 596, "repealedDate" : null, "fromSection" : "903", "toSection" : "903", "text" : " § 903. Students to furnish health certificates; and dental health\\ncertificates. 1. A health certificate shall be furnished by each student\\nin the public schools upon his or her entrance in such schools and upon\\nhis or her entry into the grades prescribed by the commissioner in\\nregulations, provided that such regulations shall require such\\ncertificates at least twice during the elementary grades and twice in\\nthe secondary grades. An examination and health history of any child may\\nbe required by the local school authorities at any time in their\\ndiscretion to promote the educational interests of such child. Each\\ncertificate shall be signed by a duly licensed physician, physician\\nassistant, or nurse practitioner, who is authorized by law to practice\\nin this state, and consistent with any applicable written practice\\nagreement, or by a duly licensed physician, physician assistant, or\\nnurse practitioner, who is authorized to practice in the jurisdiction in\\nwhich the examination was given, provided that the commissioner has\\ndetermined that such jurisdiction has standards of licensure and\\npractice comparable to those of New York. Each such certificate shall\\ndescribe the condition of the student when the examination was made,\\nwhich shall not be more than twelve months prior to the commencement of\\nthe school year in which the examination is required, and shall state\\nwhether such student is in a fit condition of health to permit his or\\nher attendance at the public schools. Each such certificate shall also\\nstate the student's body mass index (BMI) and weight status category.\\nFor purposes of this section, BMI is computed as the weight in kilograms\\ndivided by the square of height in meters or the weight in pounds\\ndivided by the square of height in inches multiplied by a conversion\\nfactor of 703. Weight status categories for children and adolescents\\nshall be as defined by the commissioner of health. In all school\\ndistricts such physician, physician assistant or nurse practitioner\\nshall determine whether a one-time test for sickle cell anemia is\\nnecessary or desirable and he or she shall conduct such a test and the\\ncertificate shall state the results.\\n 2. a. A dental health certificate shall be requested from each\\nstudent. Each student is requested to furnish a dental health\\ncertificate at the same time that health certificates are required. An\\nassessment and dental health history of any child may be requested by\\nthe local school authorities at any time in their discretion to promote\\nthe educational interests of such child. Each certificate shall be\\nsigned by a duly licensed dentist, or a registered dental hygienist who\\nis authorized by law to practice in this state, and consistent with any\\napplicable written practice agreement, or by a duly licensed dentist or\\nregistered dental hygienist who is authorized to practice in the\\njurisdiction in which the assessment was given, provided that the\\ncommissioner has determined that such jurisdiction has standards of\\nlicensure and practice comparable to those of New York. Each such\\ncertificate shall describe the dental health condition of the student\\nwhen the assessment was made, which shall not be more than twelve months\\nprior to the commencement of the school year in which the assessment is\\nrequested, and shall state whether such student is in fit condition of\\ndental health to permit his or her attendance at the public schools.\\n b. A notice of request for dental health certificates shall be\\ndistributed at the same time that parents or person in parental\\nrelationship to students are notified of health examination requirements\\nand shall state that a list of dental practices, dentists and registered\\ndental hygienists to which children may be referred for dental services\\non a free or reduced cost basis is available upon request at the child's\\nschool. The department shall, in collaboration with the department of\\nhealth, compile and maintain a list of dental practices, dentists and\\nregistered dental hygienists to which children may be referred for\\ndental services on a free or reduced cost basis. Such list shall be made\\navailable to all public schools and be made available to parents or\\nperson in parental relationship upon request. The department shall\\npromulgate regulations to ensure the gathering and dissemination of the\\nproper information to interested parties.\\n 3. a. Within thirty days after the student's entrance in such schools\\nor grades, the health certificate shall be submitted to the principal or\\nhis or her designee and shall be filed in the student's cumulative\\nhealth record. If such student does not present a health certificate as\\nrequired in this section, unless he or she has been accommodated on\\nreligious grounds, the principal or the principal's designee shall cause\\na notice to be sent to the parents or person in parental relationship to\\nsuch student that if the required health certificate is not furnished\\nwithin thirty days from the date of such notice, an examination will be\\nmade of such student, as provided in this article. Each school and\\nschool district chosen as part of an appropriate sampling methodology\\nshall participate in surveys directed by the commissioner of health\\npursuant to the public health law in relation to students' BMI and\\nweight status categories as reported on the school health certificate\\nand which shall be subject to audit by the commissioner of health. Such\\nsurveys shall contain the information required pursuant to subdivision\\none of this section in relation to students' BMI and weight status\\ncategories in aggregate. Parents or other persons in parental relation\\nto a student may refuse to have the student's BMI and weight status\\ncategory included in such survey. Each school and school district shall\\nprovide the commissioner of health with any information, records and\\nreports he or she may require for the purpose of such audit. The BMI and\\nweight status survey and audit as described in this subdivision shall be\\nconducted consistent with confidentiality requirements imposed by\\nfederal law.\\n b. Within thirty days after the student's entrance in such schools or\\ngrades, the dental health certificate, if obtained, shall be filed in\\nthe student's cumulative health record.\\n 4. Notwithstanding the provisions of subdivisions one, two and three\\nof this section, no examinations for a health certificate or health\\nhistory shall be required or dental certificate requested, and no\\nscreening examinations for sickle cell anemia shall be required where a\\nstudent or the parent or person in parental relation to such student\\nobjects thereto on the grounds that such examinations or health history\\nconflict with their genuine and sincere religious beliefs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "904", "title" : "Examinations by health appraisal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "904", "activeDate" : "2014-09-22", "sequenceNo" : 597, "repealedDate" : null, "fromSection" : "904", "toSection" : "904", "text" : " § 904. Examinations by health appraisal. 1. Each principal of a public\\nschool, or his or her designee, shall report to the director of school\\nhealth services having jurisdiction over such school, the names of all\\nstudents who have not furnished health certificates as provided in\\nsection nine hundred three of this article, or who are children with\\ndisabilities, as defined by article eighty-nine of this chapter, and the\\ndirector of school health services shall cause such students to be\\nseparately and carefully examined and tested to ascertain whether any\\nstudent has defective sight or hearing, or any other physical disability\\nwhich may tend to prevent him or her from receiving the full benefit of\\nschool work, or from requiring a modification of such work to prevent\\ninjury to the student or from receiving the best educational results.\\nEach examination shall also include a calculation of the student's body\\nmass index (BMI) and weight status category. For purposes of this\\nsection, BMI is computed as the weight in kilograms divided by the\\nsquare of height in meters or the weight in pounds divided by the square\\nof height in inches multiplied by a conversion factor of 703. Weight\\nstatus categories for children and adolescents shall be as defined by\\nthe commissioner of health. In all school districts, such physician,\\nphysician assistant or nurse practitioner shall determine whether a\\none-time test for sickle cell anemia is necessary or desirable and he or\\nshe shall conduct such tests and the certificate shall state the\\nresults. If it should be ascertained, upon such test or examination,\\nthat any of such students have defective sight or hearing, or other\\nphysical disability, including sickle cell anemia, as above described,\\nthe principal or his or her designee shall notify the parents of, or\\nother persons in parental relation to, the child as to the existence of\\nsuch disability. If the parents or other persons in parental relation\\nare unable or unwilling to provide the necessary relief and treatment\\nfor such students, such fact shall be reported by the principal or his\\nor her designee to the director of school health services, whose duty it\\nshall be to provide relief for such students. Each school and school\\ndistrict chosen as part of an appropriate sampling methodology shall\\nparticipate in surveys directed by the commissioner of health pursuant\\nto the public health law in relation to students' BMI and weight status\\ncategories as determined by the examination conducted pursuant to this\\nsection and which shall be subject to audit by the commissioner of\\nhealth. Such surveys shall contain the information required pursuant to\\nthis subdivision in relation to students' BMI and weight status\\ncategories in aggregate. Parents or other persons in parental relation\\nto a student may refuse to have the student's BMI and weight status\\ncategory included in such survey. Each school and school district shall\\nprovide the commissioner of health with any information, records and\\nreports he or she may require for the purpose of such audit. The BMI and\\nweight status survey and audit as described in this section shall be\\nconducted consistent with confidentiality requirements imposed by\\nfederal law. Data collection for such surveys shall commence on a\\nvoluntary basis at the beginning of the two thousand seven academic\\nschool year, and by all schools chosen as part of the sampling\\nmethodology at the beginning of the two thousand eight academic school\\nyear. The department shall also utilize the collected data to develop a\\nreport of child obesity and obesity related diseases.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\nno examinations shall be required pursuant to this section where a\\nstudent or the parent or person in parental relation to such student\\nobjects thereto on the grounds that such examinations conflict with\\ntheir genuine and sincere religious beliefs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "905", "title" : "Record of screening examinations for vision, hearing and scoliosis", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "905", "activeDate" : "2014-09-22", "sequenceNo" : 598, "repealedDate" : null, "fromSection" : "905", "toSection" : "905", "text" : " § 905. Record of screening examinations for vision, hearing and\\nscoliosis. 1. The director of school health services of each school\\ndistrict in this state that is required to provide school health\\nservices, or the health department or agency otherwise responsible to\\nprovide such services, shall conduct screening examinations of vision,\\nhearing, and scoliosis of all students at such times and as defined in\\nthe regulations of the commissioner, and at any time deemed necessary.\\n 2. Notwithstanding any other provisions of any general, special or\\nlocal law, the school authorities charged with the duty of making such\\nscreening examinations of students for the presence of scoliosis\\npursuant to this section shall not suffer any liability to any person as\\na result of making such screening examination, which liability would not\\nhave existed by any provision of law, statutory or otherwise, in the\\nabsence of this section. The positive results of any such screening\\nexaminations of students for the presence of scoliosis shall be in\\nwriting and the parent of, or person in parental relation to, any child\\nin whom the presence of scoliosis is found shall be advised of such\\nresults by the school authorities within ninety days after the finding\\nof the presence of scoliosis is made.\\n 3. The provisions of this section relative to examination for\\nscoliosis shall be waived by the commissioner upon the filing, in\\naccordance with rules and regulations to be established and promulgated\\nby the commissioner, of a resolution, duly adopted by a board of\\neducation, stating that the school district does not have the capability\\nto comply with this section relative to the examination for scoliosis\\nand that such compliance would place a financial cost upon the school\\ndistrict, provided, however, that such resolution may not be adopted\\nprior to the holding of a public hearing on such proposed resolution.\\nSuch rules and regulations to be established and promulgated by the\\ncommissioner in accordance with this section shall include, but not be\\nlimited to, the date for filing such resolution by a board of education\\nand to the dates for filing subsequent resolutions.\\n 4. Vision screening examinations of students in the schools of this\\nstate made pursuant to subdivision one of this section, or made pursuant\\nto the by-laws, regulations or practices of the board of education of\\nthe city school district of the city of New York, shall be subject to\\nthe provisions of this subdivision, and where inconsistent herewith, the\\nprovisions of this subdivision shall prevail. In addition to any vision\\nscreening examinations otherwise required by the provisions or practices\\ncited in this subdivision, all students who enroll in a school of this\\nstate shall be tested for color perception, distance acuity and near\\nvision within six months of admission to the school, or by such other\\ndate as may be prescribed in the regulations of the commissioner. The\\nresults of any such vision screening examinations, whether made pursuant\\nto this subdivision or pursuant to the provisions or practices cited in\\nthis subdivision, shall be in writing and shall be made available to the\\nstudent's parent or person in parental relation and to any teacher of\\nthe student within the school while the student is enrolled in the\\nschool, and shall be kept in a permanent file of the school for at least\\nas long as the minimum retention period for such records, as prescribed\\nby the commissioner pursuant to article fifty-seven-A of the arts and\\ncultural affairs law.\\n 5. Notwithstanding any provision of this section to the contrary, no\\nscreening examinations for vision, hearing, or scoliosis condition shall\\nbe required where a student or the parent or person in parental relation\\nto such student objects thereto on the grounds that such examinations\\nconflict with their genuine and sincere religious beliefs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "906", "title" : "Existence of communicable diseases; return after illness", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "906", "activeDate" : "2014-09-22", "sequenceNo" : 599, "repealedDate" : null, "fromSection" : "906", "toSection" : "906", "text" : " § 906. Existence of communicable diseases; return after illness. 1.\\nWhenever, upon investigation and evaluation by the director of school\\nhealth services or other health professionals acting upon direction or\\nreferral of such director for care and treatment, a student in the\\npublic schools shows symptoms of any communicable or infectious disease\\nreportable under the public health law that imposes a significant risk\\nof infection of others in the school, he or she shall be excluded from\\nthe school and sent home immediately, in a safe and proper conveyance.\\nThe director of school health services shall immediately notify a local\\npublic health agency of any disease reportable under the public health\\nlaw.\\n 2. Following absence on account of illness or from unknown cause, the\\ndirector of school health services may examine each student returning to\\na school without a certificate from a local public health officer, a\\nduly licensed physician, physician assistant, or nurse practitioner.\\n 3. The director of school health services, or other health\\nprofessionals acting upon direction or referral of such director, may\\nmake such evaluations of teachers and any other school employees, school\\nbuildings and premises as, in their discretion, they may deem necessary\\nto protect the health of the students and staff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "907", "title" : "Use of sunscreen", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "907", "activeDate" : "2014-09-22", "sequenceNo" : 600, "repealedDate" : null, "fromSection" : "907", "toSection" : "907", "text" : " § 907. Use of sunscreen. The board of education or trustees of each\\nschool district and board of cooperative educational services, and the\\ngoverning body of each private elementary, middle and secondary school,\\nshall allow students to carry and use topical sunscreen products\\napproved by the federal Food and Drug Administration for\\nover-the-counter use for the purpose of avoiding overexposure to the sun\\nand not for medical treatment of an injury or illness, with the written\\npermission of the parent or guardian of the student. A record of such\\npermission shall be maintained by the school. A student who is unable to\\nphysically apply sunscreen may be assisted by unlicensed personnel when\\ndirected to do so by the student, if permitted by a parent or guardian\\nand authorized by the school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "909", "title" : "School hygiene districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "909", "activeDate" : "2014-09-22", "sequenceNo" : 601, "repealedDate" : null, "fromSection" : "909", "toSection" : "909", "text" : " § 909. School hygiene districts. 1. The board of supervisors of any\\ncounty, with the approval of the commissioner of education, shall have\\npower to establish in such county a school hygiene district which shall\\ninclude the supervisory district or districts in such county, as defined\\nin this chapter. The board of education of any union free school\\ndistrict of four thousand five hundred or more population, which employs\\na superintendent of schools, or of any city having a population of less\\nthan fifty thousand, within such county, may at any time adopt a\\nresolution requesting that such union free school district or city be\\nincluded within such school hygiene district, and after the approval of\\nsuch request by the district committee on school hygiene, herein-below\\nmentioned, and by the commissioner of education, and upon the subsequent\\nfiling by the clerk of such board of education of a certified copy of\\nsuch resolution and of a certified copy of such approvals with the clerk\\nof the board of supervisors, such union free school district or city\\nshall be included within such school hygiene district.\\n 2. When such a school hygiene district is established, as hereinabove\\nprovided, the board of supervisors shall appropriate funds for the\\nsalary and necessary expenses of a district director of school hygiene.\\nFunds may also be appropriated for assistants to the director of school\\nhygiene. Within thirty days after such appropriation is made the\\nchairman of the board of supervisors shall call a meeting, to be held at\\na date as early as practicable, of the district superintendents and\\nschool superintendents in such school hygiene district together with the\\nchairman of the board of supervisors, at which meeting such persons\\nshall organize themselves into a district committee on school hygiene\\nand shall elect a chairman thereof. In any school hygiene district which\\nincludes part or all of a county health district, as defined in the\\npublic health law, the district health officer of such county health\\ndistrict shall be a member of such committee. The district director of\\nschool hygiene and assistants shall be appointed by and work under the\\ndirection of such district committee on school hygiene. They shall meet\\nthe qualifications established by the commissioner of education and be\\ncertificated as supervisors of teachers. Any person appointed as such\\ndistrict director of school hygiene shall be a physician duly licensed\\nand registered to practice in this state and shall have practiced as a\\nphysician, or been engaged in public health work, for at least two\\nyears.\\n 3. It shall be the duty of the district director of school hygiene to\\nadvise, assist, and exercise general supervision over, medical\\ninspectors, dentists and school nurses in the public schools in such\\nschool hygiene district; to keep informed as to their work and require\\nsuch reports from them as he may deem necessary; to see that suitable\\nrecommendations based on the findings of the medical inspectors in their\\nexaminations of pupils are brought to the attention of their teachers\\nand of those in parental relation to such pupils; to aid, and keep\\ninformed as to the work of, oral hygienists, nutrition workers, and\\nother school employees engaged in health work in such schools; to\\ninspect, and report to the proper authorities on, the sanitary\\nconditions of school buildings, and in other ways to promote the\\nphysical welfare and health education of pupils. Whenever the board of\\nsupervisors, or, in a county constituting, in whole or in part, a county\\nhealth district, the district health officer thereof, shall, under any\\nprovisions of law now in force or hereafter enacted, assign any public\\nhealth nurse to the duties of a school nurse in any school or schools\\nwithin a school hygiene district, she may be assigned to perform such\\nduties under the direct control of the district director of school\\nhygiene of such school hygiene district. Such district director of\\nschool hygiene shall be subject to supervision by the state medical\\ninspector of schools.\\n 4. If it be ascertained upon any test or examination held by a medical\\ninspector under the provisions of section nine hundred four of this\\narticle in any of the school districts within a school hygiene district\\nthat any of the pupils are afflicted with defective sight or hearing or\\nother physical disability and the parents have been duly notified as to\\nthe existence of such defects and physical disability and are unable to\\nprovide the necessary relief and treatment for such pupils and such fact\\nis reported by said medical inspector to the district director of school\\nhygiene, such district director shall have power and it shall be his\\nduty to provide relief for such pupils within the amount appropriated\\nfor such purpose by the board of supervisors.\\n 5. The board of supervisors, after determining the amount of the\\nappropriation necessary for the salary and expenses of such district\\ndirector of school hygiene and assistants, shall levy one-half of such\\namount by tax on the towns, union free school districts and cities, if\\nany, included within such school hygiene district, and shall apportion\\nsuch amount, so levied, among such towns, union free school districts\\nand cities, according to the assessed valuation of the taxable property\\ntherein. Whenever a board of supervisors shall make such an\\nappropriation and levy such a tax, the commissioner of education shall\\napportion to each such town, union free school district and city, an\\namount equal to that so levied upon each such respective town, union\\nfree school district or city. The board of supervisors shall likewise,\\nafter determining the amount of the appropriation necessary for expenses\\nincurred for the relief of pupils under subdivision four of this\\nsection, levy the total amount by tax upon the towns, union free school\\ndistricts and cities, if any, included within such school hygiene\\ndistrict, and shall apportion such amount so levied among such towns,\\nunion free school districts and cities according to the assessed\\nvaluation of the taxable property therein. The sums collected from the\\ntaxes so levied, and the amount apportioned by the commissioner of\\neducation, shall be paid to the county treasurer of such county, who\\nshall expend such moneys for the purposes hereinabove provided and in\\nthe same manner as other county charges are paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "910", "title" : "Choice of method of treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "910", "activeDate" : "2014-09-22", "sequenceNo" : 602, "repealedDate" : null, "fromSection" : "910", "toSection" : "910", "text" : " § 910. Choice of method of treatment. Whenever affected by the\\nrequirements of this article, the school employee so affected, and, in\\nthe case of a child, the parent of, or person in parental relation to,\\nsuch child, shall have the right to determine the form or manner of\\ntreatment or remedial care to be prescribed or applied, but the\\ntreatment or remedial care must be in accordance with and as allowed\\nunder the provisions of article one hundred thirty-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "911", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "911", "activeDate" : "2014-09-22", "sequenceNo" : 603, "repealedDate" : null, "fromSection" : "911", "toSection" : "911", "text" : " § 911. Enforcement. 1. It shall be the duty of the commissioner to\\nenforce the provisions of this article, and the commissioner may adopt\\nrules and regulations not inconsistent herewith, after consultation with\\nthe state commissioner of health, for the purpose of carrying into full\\nforce and effect the objects and intent of this article.\\n 2. The commissioner may, in his or her discretion, withhold the public\\nmoney from a district which willfully refuses or neglects to comply with\\nthis article and the rules and regulations made under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "912", "title" : "Health and welfare services to all children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "912", "activeDate" : "2014-09-22", "sequenceNo" : 604, "repealedDate" : null, "fromSection" : "912", "toSection" : "912", "text" : " § 912. Health and welfare services to all children. The voters and/or\\ntrustees or board of education of every school district shall, upon\\nrequest of the authorities of a school other than public, provide\\nresident children who attend such school with any or all of the health\\nand welfare services and facilities which are made available by such\\nvoters and/or trustees or board of education to or for children\\nattending the public schools of the district. Such services may include,\\nbut are not limited to all services performed by a physician, physician\\nassistant, dentist, dental hygienist, registered professional nurse,\\nnurse practitioner, school psychologist, school social worker or school\\nspeech therapist, and may also include dental prophylaxis, vision and\\nhearing screening examinations, the taking of medical histories and the\\nadministration of health screening tests, the maintenance of cumulative\\nhealth records and the administration of emergency care programs for ill\\nor injured students. Any such services or facilities shall be so\\nprovided notwithstanding any provision of any charter or other provision\\nof law inconsistent herewith. Where children residing in one school\\ndistrict attend a school other than public located in another school\\ndistrict, the school authorities of the district of residence shall\\ncontract with the school authorities of the district where such\\nnonpublic school is located, for the provision of such health and\\nwelfare services and facilities to such children by the school district\\nwhere such nonpublic school is located, for a consideration to be agreed\\nupon between the school authorities of such districts, subject to the\\napproval of the qualified voters of the district of residence when\\nrequired under the provisions of this chapter. Every such contract shall\\nbe in writing and in the form prescribed by the commissioner, and before\\nsuch contract is executed the same shall be submitted for approval to\\nthe superintendent of schools having jurisdiction over such district of\\nresidence and such contract shall not become effective until approved by\\nsuch superintendent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "912-A", "title" : "Urine analysis; drug detection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "912-A", "activeDate" : "2014-09-22", "sequenceNo" : 605, "repealedDate" : null, "fromSection" : "912-A", "toSection" : "912-A", "text" : " § 912-a. Urine analysis; drug detection. 1. The school authorities of\\neach school district within the state may cause all children attending\\ngrades seven through twelve, inclusive, in the public and private\\nschools located within such districts, to be separately and carefully\\nexamined in order to ascertain whether any such children are making use\\nof dangerous drugs.\\n 2. Such examination may be made only upon the written request or\\nconsent of a parent of, or person in parental relation to, a child. Such\\nexamination shall be conducted without notice to the child and shall\\ninclude the supervised taking of a urine sample which shall be analyzed\\nfor such drugs and in accordance with such standards as shall be\\nacceptable to the New York state office of alcoholism and substance\\nabuse services, or its successor agency. The results of such examination\\nshall be promptly forwarded to the school authorities. If it should be\\nascertained, upon such test or examination, that any child is making use\\nof dangerous drugs, the school authorities shall report same to the\\nsocial services department for the social services district wherein such\\nschool is located and to the parent of, or person in parental relation\\nto, such child together with a statement to such parent or person in\\nparental relation as to available programs and facilities to combat such\\ndangerous drug usage. The local social services department shall be\\nempowered, in an appropriate case, to take such action and offer such\\nprotective social services as are prescribed by title six of article six\\nof the social services law.\\n 3. Except as required in this section, information resulting from an\\nexamination conducted pursuant to this section shall be kept\\nconfidential and shall not be used for law enforcement purposes but may\\nbe utilized only for statistical, epidemiological or research purposes.\\n 4. Any record or information compiled from such examination which\\nidentifies an individual student as a user of dangerous drugs shall be\\nmaintained separate and apart from such student's other educational\\nrecords and in appropriate confidence and shall be destroyed upon such\\nstudent's graduation or final severance from the secondary educational\\nschool system in this state.\\n Notwithstanding any provision of this section to the contrary, no such\\nexamination shall be required where a student objects thereto on the\\ngrounds that such examinations conflict with their genuine and sincere\\nreligious beliefs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "912-B", "title" : "Speech and language improvement services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "912-B", "activeDate" : "2014-09-22", "sequenceNo" : 606, "repealedDate" : null, "fromSection" : "912-B", "toSection" : "912-B", "text" : " § 912-b. Speech and language improvement services. 1. The board of\\neducation or trustees of each school district and the city school\\ndistrict of the city of New York may provide speech and language\\nimprovement services to students in grades kindergarten through six with\\nspeech impairments of a severity that does not adversely affect the\\nstudent's educational performance but does present a barrier to\\ncommunication.\\n 2. Any student, who is determined to be in need of such speech and\\nlanguage improvement services, shall receive such upon the\\nrecommendation of the building administrator.\\n 3. A student, whose speech impairment adversely affects the student's\\neducational performance shall be referred to the committee on special\\neducation for further evaluation and recommendation for special\\neducation services and programs, pursuant to article eighty-nine of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "913", "title" : "Medical examinations of teachers and other employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "913", "activeDate" : "2014-09-22", "sequenceNo" : 607, "repealedDate" : null, "fromSection" : "913", "toSection" : "913", "text" : " § 913. Medical examinations of teachers and other employees. In order\\nto safeguard the health of children attending the public schools, the\\nboard of education or trustees of any school district or a board of\\ncooperative educational services shall be empowered to require any\\nperson employed by the board of education or trustees or board of\\ncooperative educational services to submit to a medical examination by a\\nphysician or other health care provider of his or her choice or the\\ndirector of school health services of the board of education or trustees\\nor board of cooperative educational services, in order to determine the\\nphysical or mental capacity of such person to perform his or her duties.\\nThe person required to submit to such medical examination shall be\\nentitled to be accompanied by a physician or other person of his or her\\nchoice. The determination based upon such examination as to the physical\\nor mental capacity of such person to perform his or her duties shall be\\nreported to the board of education or trustees or board of cooperative\\neducational services and may be referred to and considered for the\\nevaluation of service of the person examined or for disability\\nretirement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "914", "title" : "Immunization of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "914", "activeDate" : "2014-09-22", "sequenceNo" : 608, "repealedDate" : null, "fromSection" : "914", "toSection" : "914", "text" : " § 914. Immunization of children. 1. Each school shall require of every\\nchild entering or attending such school proof of immunization in\\naccordance with the provisions of section twenty-one hundred sixty-four\\nof the public health law.\\n 2. Each school district shall assist and cooperate with the\\nmunicipality in the development of a plan required by section six\\nhundred thirteen of the public health law.\\n 3. Each school district shall participate in the surveys directed by\\nthe state commissioner of health pursuant to section six hundred\\nthirteen of the public health law of the immunization level of the\\nchildren entering and attending school within such district, and which\\nshall be subject to audit by the state commissioner of health. Each\\nschool and school district shall provide the state commissioner of\\nhealth with any records and reports required for the purpose of such\\naudit. In no event shall the state commissioner of health disclose a\\nstudent's identity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "915", "title" : "Prohibiting the sale of certain sweetened foods", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "915", "activeDate" : "2014-09-22", "sequenceNo" : 609, "repealedDate" : null, "fromSection" : "915", "toSection" : "915", "text" : " § 915. Prohibiting the sale of certain sweetened foods. From the\\nbeginning of the school day until the end of the last scheduled meal\\nperiod, no sweetened soda water, no chewing gum, no candy including hard\\ncandy, jellies, gums, marshmallow candies, fondant, licorice, spun candy\\nand candy coated popcorn, and no water ices except those which contain\\nfruit or fruit juices, shall be sold in any public school within the\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "916", "title" : "Pupils afflicted with asthma", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-31", "2015-07-03" ], "docLevelId" : "916", "activeDate" : "2014-09-22", "sequenceNo" : 610, "repealedDate" : null, "fromSection" : "916", "toSection" : "916", "text" : " § 916. Pupils afflicted with asthma. The board of education or\\ntrustees of each school district and board of cooperative educational\\nservices shall allow pupils who have been diagnosed by a physician or\\nother duly authorized health care provider with a severe asthmatic\\ncondition to carry and use a prescribed inhaler during the school day,\\nwith the written permission of a physician or other duly authorized\\nhealth care provider, and parental consent, based on such physician's or\\nprovider's determination that such pupil is subject to sudden asthmatic\\nattacks severe enough to debilitate such pupil. A record of such\\npermission shall be maintained in the school office. In addition, upon\\nthe written request of a parent or person in parental relation, the\\nboard of education or trustees of a school district and board of\\ncooperative educational services shall allow such pupils to maintain an\\nextra such inhaler in the care and custody of a registered professional\\nnurse employed by such district or board of cooperative educational\\nservices. Nothing in this section shall require a school district or\\nboard of cooperative educational services to retain a school nurse\\nsolely for the purpose of taking custody of a spare inhaler, or require\\nthat a school nurse be available at all times in a school building for\\nsuch purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "917", "title" : "On-site cardiac automated external defibrillator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-07-25", "2025-08-22", "2026-01-23", "2026-06-05" ], "docLevelId" : "917", "activeDate" : "2014-09-22", "sequenceNo" : 611, "repealedDate" : null, "fromSection" : "917", "toSection" : "917", "text" : " § 917. On-site cardiac automated external defibrillator. 1. School\\ndistricts, boards of cooperative educational services, county vocational\\neducation and extension boards and charter schools shall provide and\\nmaintain on-site in each instructional school facility automated\\nexternal defibrillator (AED) equipment, as defined in paragraph (a) of\\nsubdivision one of section three thousand-b of the public health law, in\\nquantities and types deemed by the commissioner in consultation with the\\ncommissioner of health to be adequate to ensure ready and appropriate\\naccess for use during emergencies.\\n 2. Whenever public school facilities pursuant to subdivision one of\\nthis section are used for school sponsored or school approved curricular\\nor extracurricular events or activities and whenever a school-sponsored\\nathletic contest is held at any location, the public school officials\\nand administrators responsible for such school facility or athletic\\ncontest shall ensure the presence of at least one staff person who is\\ntrained, pursuant to paragraph (a) of subdivision three of section three\\nthousand-b of the public health law, in the operation and use of an AED.\\nWhere a school-sponsored competitive athletic event is held at a site\\nother than a public school facility, the public school officials shall\\nassure that automated external defibrillator equipment is provided\\non-site.\\n 3. Public school facilities and staff pursuant to subdivisions one and\\ntwo of this section shall be deemed a \"public access defibrillation\\nprovider\" as defined in paragraph (c) of subdivision one of section\\nthree thousand-b of the public health law and shall be subject to the\\nrequirements and limitations of such section.\\n 4. Pursuant to section three thousand-a and three thousand-b of the\\npublic health law, any public access defibrillation provider, or any\\nemployee or other agent of the provider who, in accordance with the\\nprovisions of this section, voluntarily and without expectation of\\nmonetary compensation renders emergency medical or first aid treatment\\nusing an AED which has been made available pursuant to this section, to\\na person who is unconscious, ill or injured, shall be liable only\\npursuant to section three thousand-a of the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "918", "title" : "School district nutrition advisory committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-25", "2019-08-23" ], "docLevelId" : "918", "activeDate" : "2014-09-22", "sequenceNo" : 612, "repealedDate" : null, "fromSection" : "918", "toSection" : "918", "text" : " § 918. School district nutrition advisory committees. 1. a. Every\\nschool district is hereby authorized and encouraged to establish a child\\nnutrition advisory committee.\\n b. The district advisory committee is encouraged to meet at least\\nquarterly.\\n c. The committee is encouraged to include, but not be limited to, a\\nrepresentative of the school board, the food preparation staff, the\\nphysical education departments, the school nurse or health staff, a\\nregistered dietitian, if available, the faculty of the district, the\\nparent teacher associations in the district, the students enrolled in\\nthe district, and the parents or guardians of students enrolled in the\\ndistrict.\\n d. If, due to special circumstances of a district, it is impossible or\\nimpracticable for all groups recommended to have members on the\\ncommittee to be represented, the district may approve a committee that,\\nto the greatest extent possible, represents the interests of the\\naforementioned groups.\\n 2. The district is encouraged to give, in such newsletter, if any,\\nthat precedes the commencement of school in the fall, written notice to\\nall parents or guardians of enrolled students of the existence of a\\nschool district nutrition advisory committee and supply information as\\nto how such interested parents or guardians may participate on such\\ncommittee.\\n 3. The district is encouraged, to the extent practicable, to give\\nnotice to all parents or guardians and students through its regular\\nnewsletters or other regular forms of written communication as to the\\nscheduled dates of all meetings of the advisory committee.\\n 4. The committee is encouraged to study all facets of the current\\nnutritional policies of the district including, but not limited to, the\\ngoals of the district to promote health and proper nutrition, vending\\nmachine sales, menu criteria, educational curriculum teaching healthy\\nnutrition, educational information provided to parents or guardians\\nregarding healthy nutrition and the health risks associated with\\nobesity, opportunities offered to parents or guardians to encourage\\nhealthier eating habits to students, and the education provided to\\nteachers and other staff as to the importance of healthy nutrition. In\\naddition the committee shall consider recommendations and practices of\\nother districts and nutrition studies.\\n 5. The committee is encouraged to report periodically to the district\\nregarding practices that will educate teachers, parents or guardians and\\nchildren about healthy nutrition and raise awareness of the dangers of\\nobesity. The committee is encouraged also to provide any parent teacher\\nassociations in the district with such findings and recommendations.\\n 6. Each June, the committee shall report to the board of the local\\nschool district regarding the status of the implementation of the\\ndistrict's programs to improve students' nutritional awareness and\\nhealthy diet.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "919", "title" : "On-site nebulizers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "919", "activeDate" : "2014-09-22", "sequenceNo" : 613, "repealedDate" : null, "fromSection" : "919", "toSection" : "919", "text" : " * § 919. On-site nebulizers. 1. The board of education or trustees of\\nthe school district responsible for providing health services in a\\nschool, or the board of cooperative educational services in the case of\\nprograms under its jurisdiction, shall make a nebulizer available\\non-site in every public and private school building in which full or\\npart time nurse services are provided. Nebulizers in such school\\nbuildings shall be made available to allow reasonable access to all\\npublic and private school students with a patient specific order, who\\nrequire inhaled medications administered by a nebulizer, provided,\\nhowever, that nebulizers shall be administered by a school nurse or\\nphysician pursuant to the student's patient specific order. Every\\nnebulizer shall be maintained in working order by the school district or\\nboard of cooperative educational services that provides school health\\nservices to the school building where the nebulizer is located.\\n 2. The commissioner shall be authorized to promulgate regulations for\\nthe implementation of this section.\\n * NB Not effective pursuant to confirmation from DOB stating no\\nfunding has been provided for nebulizers (see ch. 672/2007).\\nConfirmation received 1/24/2012.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "920", "title" : "Public schools; infestation of bedbugs (Cimex lectularius)", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "920", "activeDate" : "2014-09-22", "sequenceNo" : 614, "repealedDate" : null, "fromSection" : "920", "toSection" : "920", "text" : " § 920. Public schools; infestation of bedbugs (Cimex lectularius). 1.\\nIn a city school district having a population of one million or more\\ninhabitants, the principal of each public school shall provide immediate\\nnotification to parents, persons in parental relation or guardians of\\npotentially affected students attending the school, disclosing a finding\\nrelating to the infestation of bedbugs (Cimex lectularius) in such\\nschool; provided, however, that if pursuant to regulations of the\\ncommissioner it is determined that any infestation is contained within a\\ndiscrete area, the principal may limit such notification to parents,\\npersons in parental relationship or guardians of all potentially\\naffected students within such area, and shall advise the parents'\\nassociation of the scope of such notification.\\n 2. Along with the notification required pursuant to subdivision one of\\nthis section, the principal of such public school shall also include\\ninformation regarding proper procedures to prevent further infestations\\nat the school and to prevent the transfer of bedbugs from the school to\\nthe residences of students. Such information shall be developed by the\\nboard of education in consultation with other city agencies and shall be\\navailable in various languages as deemed necessary.\\n 3. The principal shall ensure that the bedbug infestation at the\\nschool is properly addressed in the most effective and safe manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A21", "title" : "Vocational Rehabilitation", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2026-03-13" ], "docLevelId" : "21", "activeDate" : "2014-09-22", "sequenceNo" : 615, "repealedDate" : null, "fromSection" : "1001", "toSection" : "1009", "text" : " ARTICLE 21\\n VOCATIONAL REHABILITATION\\nSection 1001. Short title.\\n 1002. Definitions.\\n 1003. Application for vocational rehabilitation.\\n 1004. Powers and duties of the education department.\\n 1004-a. Sheltered workshops for the mentally retarded, mentally\\n ill and severely physically handicapped.\\n 1004-b. Integrated employment opportunities for individuals with\\n severe disabilities.\\n 1005. Gifts and donations.\\n 1006. Acceptance of law of the United States.\\n 1007. Vocational rehabilitation records.\\n 1008. Use of appropriations.\\n 1009. Powers and duties of department of social services\\n relating to vocational rehabilitation of blind\\n persons.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1001", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1001", "activeDate" : "2014-09-22", "sequenceNo" : 616, "repealedDate" : null, "fromSection" : "1001", "toSection" : "1001", "text" : " § 1001. Short title. This article shall be known and may be cited as\\n\"The Vocational Rehabilitation Law.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1002", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1002", "activeDate" : "2014-09-22", "sequenceNo" : 617, "repealedDate" : null, "fromSection" : "1002", "toSection" : "1002", "text" : " § 1002. Definitions. As used in this article:\\n 1. \"Handicapped person\" means any person who in the judgment of the\\ndepartment is under a physical or mental disability which constitutes a\\nsubstantial handicap to employment but which is of such a nature that\\nvocational rehabilitation services may reasonably be expected to render\\nhim fit to engage in gainful employment, and also any person under a\\nphysical or mental disability which constitutes a substantial handicap\\nto employment and for whom vocational rehabilitation services are\\nnecessary to ascertain his rehabilitation potential.\\n 2. \"Person who is under a physical or mental disability\" means an\\nindividual who has a physical or mental condition which in the judgment\\nof the department limits, contributes to limiting, or, if not corrected,\\nwill result in limiting his activities or functioning.\\n 3. \"Substantial handicap to employment\" means that a physical or\\nmental disability (in the light of attendant medical, psychological,\\nvocational, educational, cultural, social or environmental factors)\\nimpedes an individual's occupational performance, by preventing his\\nobtaining, retaining, or preparing for a gainful occupation consistent\\nwith his capacities and abilities.\\n 4. \"Gainful occupation\" includes any employment for which a\\ncompensation is paid either in goods and/or in services; practice of a\\nprofession; self-employment; homemaking, farm or family work (including\\nwork for which payment is in kind rather than in cash); sheltered\\nemployment; and home industries or other gainful homebound work.\\n 5. \"Vocational rehabilitation services\" means:\\n a. Any goods and services necessary to render a handicapped person fit\\nto engage in a gainful occupation and includes:\\n (1.) Evaluation, including diagnostic and related services;\\n (2.) Counseling and Guidance;\\n (3.) Training;\\n (4.) Placement;\\n (5.) Reader service where necessary for individuals who are visually\\nhandicapped and interpreter services in the case of individuals who are\\ndeaf;\\n (6.) Attendants and amanuenses where required;\\n (7.) Occupational and business licenses;\\n (8.) Books, training supplies and fees;\\n (9.) Transportation;\\n (10.) Physical restoration services;\\n (11.) Maintenance payments to cover the handicapped person's expenses\\nessential to achievement of his vocational rehabilitation objective;\\n (12.) Tools, equipment, initial stocks and supplies;\\n (13.) Training allowances which may be paid to individuals receiving\\ntraining and related services in public and other non-profit workshops\\nand rehabilitation facilities to the extent that funds may be made\\navailable for this purpose;\\n (14.) Other goods and services, not enumerated in this subdivision,\\nnecessary to render a handicapped person fit to engage in a gainful\\noccupation.\\n b. The establishment of public and other nonprofit rehabilitation\\nfacilities for handicapped persons; the establishment of public and\\nother nonprofit workshops for the severely handicapped; and the staffing\\nof public and other nonprofit workshops for the severely handicapped so\\nthat workshops may be established, extended, improved or continued.\\n 6. \"Physical restoration services\" mean those medical and medically\\nrelated services which are necessary to correct or substantially modify\\nwithin a reasonable period of time a physical or mental condition which\\nis stable or slowly progressive and which constitutes a substantial\\nhandicap to employment, and includes (but is not limited to):\\n a. corrective surgery or therapeutic treatment;\\n b. necessary hospitalization in connection with surgery or treatment\\nspecified in (a);\\n c. prosthetic devices essential to obtaining or retaining employment;\\nand\\n d. other necessary medical or medically related services.\\n 7. \"Rehabilitation facility\" means a facility, operated for the\\nprincipal purpose of assisting in the rehabilitation of handicapped\\npersons and\\n a. provides one or more than one of the following types of services:\\n 1. prevocational or conditioning therapy;\\n 2. adjustment training;\\n 3. testing, fitting or training in the use of prosthetic devices;\\n 4. physical or occupational therapy;\\n 5. evaluation, treatment or control of special disabilities; or\\n b. through which is provided an integrated program of medical,\\npsychological, social and vocational evaluation and services under\\nappropriate professional supervision, provided that the major portion of\\nsuch evaluation and services is furnished within the facility, and that\\nall medical and related health services are prescribed by and are under\\nthe supervision of persons licensed to practice medicine in the state.\\n 8. \"Workshop\" means a place where any manufacture or handiwork is\\ncarried on and which is operated for the principle purpose of providing\\ngainful employment to severely handicapped persons (a) as an interim\\nstep in the rehabilitation process for those who cannot be absorbed in\\nthe competitive labor market; or (b) during such time as employment\\nopportunities for them in the competitive labor market do not exist.\\n 9. \"Establishment of a workshop\" or \"rehabilitation facility\" means:\\n a. In the case of a workshop, the expansion, remodeling, or alteration\\nof existing buildings, necessary to adapt such buildings to workshop\\npurposes or to increase the employment opportunities in workshops, and\\nthe acquisition of initial equipment necessary for new workshops or to\\nincrease the employment opportunities in workshops; and\\n b. In the case of a rehabilitation facility, the expansion,\\nremodeling, or alteration of existing buildings, and initial equipment\\nof such buildings, necessary to adapt such buildings to rehabilitation\\nfacility purposes or to increase their effectiveness for such purposes\\nand initial staffing thereof for a period not exceeding one year.\\n 10. With respect to the construction of workshops and rehabilitation\\nfacilities, the following definitions shall apply:\\n a. \"Construction\" includes construction of new buildings, acquisition\\nof existing buildings, and expansion, remodeling, alteration, and\\nrenovation of existing buildings, and initial equipment of such new,\\nnewly acquired, expanded, remodeled, altered or renovated buildings;\\n b. The \"cost\" of construction may include the cost of architects' fees\\nand acquisition of land in connection with construction, but does not\\ninclude the cost of offsite improvements.\\n c. A \"project for construction of a workshop\" may include provisions\\nfor residential accommodations to be used by and in conjunction with the\\nrehabilitation of categories of handicapped individuals as may be\\nhereafter designated.\\n 11. \"Supported employment\" means paid competitive work performed by\\nindividuals with severe disabilities who require intensive support\\nservices to obtain such employment and extended support to sustain such\\nemployment, and which is performed in an integrated setting which\\nprovides regular interactions with individuals who do not have\\ndisabilities, other than paid caregivers.\\n 12. \"Supported employment services\" means support services needed by\\nindividuals with severe disabilities to obtain and sustain supported\\nemployment. Such term shall also include transitional employment\\nservices for individuals with severe and persistent mental illness, as\\ndefined by the commissioner in consultation with the commissioner of the\\noffice of mental health.\\n 13. \"Paid competitive work\", as used in the definition of supported\\nemployment pursuant to subdivision eleven of this section means work\\nthat is performed on a full-time or part-time basis, with a minimum\\nexpectation of averaging at least twenty hours per week as an employment\\ngoal, except that such requirement may be waived for good cause by the\\ncommissioner, and for which an individual is compensated in accordance\\nwith the federal fair labor standards act and the state department of\\nlabor wage and hour regulations.\\n 14. \"Individuals with severe disabilities\" means persons for whom\\ncompetitive employment has either not traditionally occurred or has been\\ninterrupted or intermittent as a result of having a permanent and\\nsubstantially disabling physical, sensory, or mental condition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1003", "title" : "Application for vocational rehabilitation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1003", "activeDate" : "2014-09-22", "sequenceNo" : 618, "repealedDate" : null, "fromSection" : "1003", "toSection" : "1003", "text" : " § 1003. Application for vocational rehabilitation. a. Any handicapped\\nperson available for vocational rehabilitation services may apply to the\\ndepartment for advice and assistance regarding his vocational\\nrehabilitation.\\n b. The state may, to the extent that funds are made available pursuant\\nto the federal social security act, furnish vocational rehabilitation\\nservices to applicants for and beneficiaries of disability benefits\\nunder the social security act as provided in the act and any rules or\\nregulations adopted pursuant thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1004", "title" : "Powers and duties of the education department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "1004", "activeDate" : "2014-09-22", "sequenceNo" : 619, "repealedDate" : null, "fromSection" : "1004", "toSection" : "1004", "text" : " § 1004. Powers and duties of the education department.\\n The education department shall have the responsibility of and is\\nhereby authorized:\\n 1. To adopt and promulgate such rules and regulations and take such\\naction as may be necessary to carry out the provisions of this article.\\n 2. To provide vocational rehabilitation services directly or through\\npublic or private instrumentalities for handicapped persons (excepting\\nblind persons and, with respect to physical restoration services, those\\npersons who are entitled to such services pursuant to the workmen's\\ncompensation law and the volunteer firemen's benefit law) whose\\nvocational rehabilitation the department determines after full\\ninvestigation may be satisfactorily achieved. In the course of its\\ninvestigation of an individual applicant's vocational rehabilitation\\npotential the department may conduct an extended evaluation program\\nincluding utilization of such vocational rehabilitation services as it\\ndeems necessary.\\n 3. To enter into reciprocal agreements with other states to provide\\nfor the vocational rehabilitation of handicapped persons.\\n 4. To engage in and contract for the making of studies,\\ninvestigations, demonstrations, research and reports, and the provision\\nof training and instruction (including the establishment and maintenance\\nof fellowships and traineeships with such stipends and allowances as may\\nbe deemed necessary) the assessment of existing facilities and services\\nand the evaluation of present and future requirements, including plans\\nfor the purposes enumerated above in matters relating to vocational\\nrehabilitation.\\n 5. To arrange and pay part of the cost of projects leading to the\\nconstruction of workshops and rehabilitation facilities and the\\nextension and improvement or the establishment of vocational\\nrehabilitation services for handicapped persons, including the\\nfurnishing of equipment or the furnishing of funds for the purchase of\\nequipment and supplies, personnel and other necessary and proper\\nexpenses in the construction, establishment, improvement, continuation\\nor extension of rehabilitation facilities and workshops operated by\\npublic or nonprofit organizations and agencies.\\n 6. To cooperate in the operation of this article with the state agency\\nor agencies administering the state's public assistance program,\\nworkmen's compensation program, the departments of health, mental\\nhygiene, the federal agencies charged with the administration of the\\nfederal social security act and the federal fair labor standards act or\\nother appropriate federal legislation and with other public and private\\nagencies providing services related to vocational rehabilitation, and\\nwith the state system of public employment offices in the state, making\\nmaximum feasible utilization of the job placement and employment\\ncounseling services and other services and facilities of such offices,\\nand to issue such certifications as are required or indicated thereby.\\n 7. Within its discretion, to consider financial need of handicapped\\nindividuals for the purposes of determining the extent of their\\nrespective participation in the costs of vocational rehabilitation\\nservices and to promulgate rules and regulations establishing financial\\nneed as a condition to the availability of any of the services specified\\nin paragraph a of subdivision five of section one thousand two of this\\nchapter except that no economic need test will be applied as a condition\\nfor furnishing the following vocational rehabilitation services: (a)\\nevaluation, including diagnostic and related services; (b) counseling\\nand guidance; and (c) placement.\\n 8. To supervise and monitor service centers for independent living\\npursuant to article twenty-three-A of this chapter.\\n 9. To contract with not-for-profit organizations for the provision of\\nsupported employment services, as defined in subdivision twelve of\\nsection ten hundred two of this article, to individuals having severe\\ndisabilities defined in subdivision fourteen of section one thousand two\\nof this article in integrated work settings. The commissioner shall\\nensure that funds provided pursuant to this subdivision are not used for\\nthe provision of services that are the responsibility of other state\\nagencies pursuant to the plan developed pursuant to subdivision two of\\nsection one thousand four-b of this article. Services shall be provided\\nat a cost not to exceed that which is necessary and reasonable, and\\nshall include short-term intensive and extended support mechanisms\\nwithin an integrated work setting. The commissioner shall require\\nservice providers to develop appropriate policies and procedures for\\ndirecting their supported employment programs, and to provide such\\nreports as the commissioner deems to be appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1004-A", "title" : "Sheltered workshops for the mentally retarded, mentally ill and severely physically handicapped", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "1004-A", "activeDate" : "2014-09-22", "sequenceNo" : 620, "repealedDate" : null, "fromSection" : "1004-A", "toSection" : "1004-A", "text" : " § 1004-a. Sheltered workshops for the mentally retarded, mentally ill\\nand severely physically handicapped. 1. Declaration of purpose. The\\nconditions of mental retardation, mental illness and severe physical\\nhandicap are such that many young people, after laborious training in\\nthe schools and otherwise, reach the point in their lives where they can\\nand should, under proper and continued guidance, engage in sheltered\\nemployment. The effects of such employment are salutary in many ways.\\nThe affected individual is helped to become a contributing member of\\nsociety. The state is saved the expense of his institutionalization in\\nalready overcrowded state schools and facilities. The family retains\\ncloser contact with him and is spared the anxieties naturally attaching\\nto separation and institutionalization. All of these factors have also\\nbeen shown to reflect tangible benefit upon the mentally retarded,\\nmentally ill and severely physically handicapped person in improving his\\noverall condition. The purpose of this measure is to specifically\\nencourage the development, improvement and expansion of such sheltered\\nemployment facilities by non-profit agencies, so that the salutary\\neffects mentioned can be expediently accomplished.\\n 2. Special provisions relating to mentally retarded, mentally ill and\\nseverely physically handicapped persons in extended sheltered employment\\nin workshops. Notwithstanding any other provision of this article, when\\nit shall appear to the satisfaction of the department that a mentally\\nretarded, mentally ill or severely physically handicapped person over\\nthe chronological age of seventeen years can reasonably be expected to\\nbenefit from, or in his best interests reasonably requires extended\\nsheltered employment in a workshop as defined in section ten hundred\\ntwo, subdivision eight of article twenty-one of this chapter, furnished\\nby an approved non-profit organization, the department is authorized to\\ncontract with such organization for the furnishing of such sheltered\\nemployment to such mentally retarded, mentally ill or severely\\nphysically handicapped person; and the department is further authorized\\nto expend for such purpose a sum or sums not less than one thousand five\\nhundred dollars per annum for each such mentally retarded, mentally ill\\nor severely physically handicapped person, for or towards the cost of\\nproviding such sheltered employment for each such mentally retarded,\\nmentally ill or severely physically handicapped person.\\n The department shall pay at least quarterly during the state fiscal\\nyear such sums as are authorized to such organizations for such\\nsheltered employment immediately upon the completion of evaluation and\\npersonal adjustment services under the sponsorship of the department.\\n 3. The department shall maintain a register of such nonprofit\\norganizations which, after inspection of the facilities for sheltered\\nemployment provided by them, it deems qualified to meet the needs of\\nsuch mentally retarded, mentally ill and severely physically handicapped\\npersons. Such inspection shall also determine the eligibility of such\\norganization to receive the funds hereinbefore specified.\\n 4. The department is authorized to contract with such nonprofit\\norganizations for the provision of vocational rehabilitation services\\nwhich lead to sheltered employment.\\n 5. The department shall assure that individuals in long-term sheltered\\nemployment operated by not-for-profit agencies are periodically reviewed\\nto determine the feasibility of their employment, or training for\\nemployment, in integrated work settings and that maximum efforts toward\\nsuch employment occur, whenever it is determined to be feasible.\\n 6. The commissioner is authorized to promulgate such reasonable rules\\nand regulations as he may deem necessary or proper to carry out the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1004-B", "title" : "Integrated employment opportunities for individuals with severe disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "1004-B", "activeDate" : "2014-09-22", "sequenceNo" : 621, "repealedDate" : null, "fromSection" : "1004-B", "toSection" : "1004-B", "text" : " § 1004-b. Integrated employment opportunities for individuals with\\nsevere disabilities. 1. The department shall have the responsibility to\\nstimulate the development of programs intended to furnish opportunities\\nfor integrated employment including but not limited to, supported\\nemployment and paid competitive work, to individuals with severe\\ndisabilities, and to coordinate with state agencies responsible for\\nfurnishing necessary services to individuals with severe disabilities\\nrelated to such opportunities.\\n 2. State integrated employment implementation plan. a. The\\ncommissioner, in consultation with and with the agreement of the\\ncommissioners of mental health, mental retardation and developmental\\ndisabilities and social services shall develop a state interagency plan\\nfor the implementation of integrated employment opportunities for\\nindividuals with severe disabilities, including supported employment.\\nSuch plan shall be designed so as to ensure that the state's integrated\\nemployment efforts, including the supported employment program, are\\nplanned, developed and implemented comprehensively, with roles and\\nresponsibilities of the respective agencies well-defined. Such plan\\nshall reflect the department's primary responsibility for the\\ndevelopment of integrated employment opportunities for individuals with\\nsevere disabilities, including short-term and intensive supported\\nemployment services, as well as appropriate responsibilities for long\\nterm extended support services. Such plan shall specify the role and\\nresponsibilities of each such agency in assuring that:\\n (i) services are provided fully and equitably;\\n (ii) an array of services is established and appropriate procedures\\nare developed to allow persons with severe disabilities timely access to\\nappropriate support services;\\n (iii) compatible definitions, program evaluation and accounting\\nstandards and reporting documents are implemented;\\n (iv) services and eligibility requirements are integrated and\\ncoordinated between agencies, including the manner in which appropriate\\nresponsibilities for funding and administering both short-term intensive\\nand long-term extended support services for supported employment are to\\nbe implemented;\\n (v) funding sources are clearly defined and amounts are adequate to\\nsupport persons with short-term intensive and long-term extended support\\nneeds;\\n (vi) all necessary steps are taken to maximize the success and cost\\neffectiveness of such programs and the potential of persons served by\\nsuch programs;\\n (vii) continuity of support services is not broken for individuals\\nplaced in an integrated employment setting in the event such placement\\nis interrupted; and\\n (viii) eligibility standards are consistent regarding the placement of\\nindividuals in integrated work settings, including supported employment\\nand other competitive work placements.\\n b. In addition, the plan shall address the manner in which continued\\nsupport for current programs will be maintained; and establishment\\ngrants will be provided. Such establishment grants shall include, but\\nnot be limited to, special projects which enhance the provision of\\nsupported employment and new integrated employment program initiatives\\nwhich would target individuals who have severe disabilities who have\\naged-out or have otherwise exited the school system. In addition, such\\ngrants may be used to provide additional resources to existing programs\\nfor the purposes of increasing the numbers of persons served who have\\nbeen determined by the commissioner to have been unserved or\\nunderserved. Such grants may also be used for new programs for these\\npopulations.\\n c. The commissioner, in consultation with the commissioners of the\\noffice of mental health, the office of mental retardation and\\ndevelopmental disabilities and the department of social services, shall\\ndevelop an audit protocol to verify the actual costs of providing such\\nprograms.\\n 3. Reporting. a. It shall be the primary responsibility of the\\ncommissioner to provide annual reports on the progress of achieving the\\ncomponents of the implementation plan as contained in subdivision two of\\nthis section. In addition, such reports shall include:\\n (i) a current description of individuals served, and services and\\ntechnical assistance provided;\\n (ii) employment status of persons transitioned from sheltered\\nworkshops, special education programs, day treatment centers, and day\\nservices programs into integrated employment programs, including\\nsupported employment programs and other competitive work placements;\\n (iii) incidence of persons in reverse transition between integrated\\nemployment programs, including supported employment programs and paid\\ncompetitive work, and sheltered workshops, day treatment programs and\\nday services programs; and\\n (iv) number of persons for whom employment in an integrated work\\nsetting has been requested and who are waiting for placement.\\n The commissioners of the office of mental health, the office of mental\\nretardation and developmental disabilities, and the department of social\\nservices shall provide any information required to assist the\\ncommissioner in making such report.\\n b. The implementation plan shall be transmitted to the state's board\\nof regents, the governor, the temporary president of the senate, the\\nspeaker of the assembly and the senate committee on finance, the\\nassembly committee on ways and means, the senate committee on education\\nand the assembly committee on education on or before October first,\\nnineteen hundred ninety-three with a report on the status of the\\nimplementation plan transmitted on or before October first of each\\nsucceeding year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1005", "title" : "Gifts and donations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1005", "activeDate" : "2014-09-22", "sequenceNo" : 622, "repealedDate" : null, "fromSection" : "1005", "toSection" : "1005", "text" : " § 1005. Gifts and donations. The department is authorized to receive,\\naccept and use gifts and donations for the purpose of this article which\\nmay be offered, conditionally or unconditionally, notwithstanding\\nsection eleven of the state finance law or any other provision of law.\\nAll money received as gifts or donations shall be paid to the\\ncommissioner of taxation and finance, who together with the state\\ncomptroller is hereby constituted and appointed the joint custodian\\nthereof and shall constitute a special fund to be used under the\\ndirection of the department for the purpose of this article. A full\\nreport of all such gifts and donations, together with the names of the\\ndonors, the amounts contributed by each and all disbursements therefrom\\nshall be submitted annually to the legislature as part of the report of\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1006", "title" : "Acceptance of law of the United States", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1006", "activeDate" : "2014-09-22", "sequenceNo" : 623, "repealedDate" : null, "fromSection" : "1006", "toSection" : "1006", "text" : " § 1006. Acceptance of law of the United States. The state of New\\nYork, through its legislative authority:\\n 1. Accepts the provisions of any law of the United States making\\nappropriation to be apportioned among the states for vocational\\nrehabilitation of disabled persons, and accepts the provisions of any\\nlaw of the United States making appropriation for apportionment or\\ngrants among the states for services for disabled persons.\\n 2. Empowers and directs the board of regents of the university, hereby\\ndesignated the New York state board for vocational education, to\\ncooperate with such agency as the federal government shall designate to\\ncarry out the purposes of such law.\\n 3. Appoints the commissioner of taxation and finance and the state\\ncomptroller as joint custodians of all money given to the state by the\\nUnited States under the authority of such law, and such money shall be\\npaid out in the manner provided by such act for the purposes therein\\nspecified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1007", "title" : "Vocational rehabilitation records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1007", "activeDate" : "2014-09-22", "sequenceNo" : 624, "repealedDate" : null, "fromSection" : "1007", "toSection" : "1007", "text" : " § 1007. Vocational rehabilitation records. 1. It shall be unlawful,\\nexcept for purposes directly connected with the administration of the\\nvocational rehabilitation program, for any person or persons to solicit,\\ndisclose, receive, or make use of, or authorize, knowingly permit,\\nparticipate in, or acquiesce in the use of any list of, or names of, or\\nany information concerning, persons applying for or receiving vocational\\nrehabilitation, directly or indirectly derived from the record, papers,\\nfiles, communications of the state or subdivisions or agencies thereof,\\nor acquired in the course of the performance of official duties without\\nthe consent of each such applicant or recipient. Such records, papers,\\nfiles and communications shall be regarded as confidential information\\nand privileged within the meaning of section forty-five hundred four of\\nthe civil practice law and rules.\\n 2. Wage reporting information obtained by the office of vocational and\\neducational services for individuals with disabilities of the department\\nfrom the state department of taxation and finance pursuant to the tax\\nlaw shall be considered confidential and shall not be disclosed to\\npersons or agencies other than those considered entitled to such\\ninformation when such disclosure is necessary for the proper\\nadministration of the department's vocational rehabilitation program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1008", "title" : "Use of appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1008", "activeDate" : "2014-09-22", "sequenceNo" : 625, "repealedDate" : null, "fromSection" : "1008", "toSection" : "1008", "text" : " § 1008. Use of appropriations. Any appropriation made to carry out the\\nprovisions of this article, in addition to any moneys allotted to the\\nstate for a similar purpose by the government of the United States may\\nbe used for the payment of salaries, travel, maintenance and operation,\\nand other administrative expenses including the purchase of necessary\\noffice furniture, supplies, et cetera, the necessary costs for persons\\nbeing evaluated for or undergoing vocational rehabilitation including\\ntuition, fees, books and other training supplies, maintenance and\\ntraveling expenses, occupational examinations and license fees, medical,\\npsychiatric and psychological examinations and other diagnostic and\\nrelated services, tools and equipment, initial stocks and supplies,\\nsurgical fees, hospitalization, therapeutic treatment and prosthetic\\nappliances, the establishment and construction of public and other\\nnonprofit rehabilitation facilities to provide services for handicapped\\nindividuals and the establishment and construction of public and other\\nnonprofit workshops for the severely handicapped, including the\\nfurnishing of equipment or the providing of grants of funds to such\\npublic and other nonprofit rehabilitation facilities and workshops to be\\nutilized for the acquisition of equipment, supplies, personnel and other\\nnecessary and proper items to be utilized in such facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1009", "title" : "Powers and duties of department of social services relating to vocational rehabilitation of blind persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1009", "activeDate" : "2014-09-22", "sequenceNo" : 626, "repealedDate" : null, "fromSection" : "1009", "toSection" : "1009", "text" : " § 1009. Powers and duties of department of social services relating to\\nvocational rehabilitation of blind persons. 1. The board of social\\nservices, the department of social services and the New York state\\ncommission for the visually handicapped shall retain, and shall continue\\nto exercise, all the powers and duties relating to blind persons\\nconferred on them by the provisions of any other law.\\n 2. The department of social services is empowered to perform any and\\nall acts that may be required to be performed by it by any law of the\\nUnited States in order to obtain funds through the New York state board\\nfor vocational education, or otherwise, from any federal department or\\nagency, for use in the vocational rehabilitation of blind persons; such\\ndepartment is further empowered to use and expend such funds for the\\npurpose herein mentioned in accordance with the provisions of any law of\\nthe United States making such funds available to the state.\\n 3. (a) Notwithstanding any inconsistent provision of this article,\\nfunds made available to the state by the United States to be used for\\nvocational rehabilitation of blind persons shall be accepted and used by\\nthe state for such purposes provided the department of social services\\nshall determine to accept and to use the same in accordance with the\\nprovisions of any law of the United States.\\n (b) Provided the federal government shall make funds available, the\\ndepartment of social services and its commission for the visually\\nhandicapped are empowered to accept gifts for the extension and\\nimprovement of non-profit facilities and workshops for the training and\\nrehabilitation of blind persons, and to match the value of such gifts\\nmade to such department or commission for such purposes by or on behalf\\nof such non-profit facilities or workshops. The department may utilize\\nsuch federal funds and gifts for such purposes and may make appropriate\\nagreements therefor with suitable non-profit agencies serving the blind.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A23", "title" : "Career Education In Counties", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "23", "activeDate" : "2014-09-22", "sequenceNo" : 627, "repealedDate" : null, "fromSection" : "1101", "toSection" : "1116", "text" : " ARTICLE 23\\n CAREER EDUCATION IN COUNTIES\\n PART I\\n VOCATIONAL EDUCATION AND EXTENSION BOARDS\\nSection 1101. Establishment of county vocational education and extension\\n boards.\\n 1102. Powers and duties of vocational education and extension\\n boards.\\n 1103. Courses of study and qualifications of teachers.\\n 1104. State aid.\\n 1105. Exemption of certain districts.\\n 1106. Transportation.\\n 1107. County bonds for land and buildings.\\n PART II\\n COUNTY COMMISSION FOR SPECIAL EDUCATION IN WESTCHESTER COUNTY\\nSection 1110. Establishment of a special education district.\\n 1111. Powers and duties of county commission for special\\n education.\\n 1112. Courses of study and qualifications of teachers.\\n 1113. State aid.\\n 1114. Appropriations by board of supervisors.\\n 1115. Indebtedness of special education district.\\n 1116. County treasurer to act as treasurer of the county\\n commission for special education.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A23P1", "title" : "Vocational Education and Extension Boards", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 628, "repealedDate" : null, "fromSection" : "1101", "toSection" : "1107", "text" : " PART I\\n VOCATIONAL EDUCATION AND EXTENSION BOARDS\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1101", "title" : "Establishment of county vocational education and extension boards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1101", "activeDate" : "2014-09-22", "sequenceNo" : 629, "repealedDate" : null, "fromSection" : "1101", "toSection" : "1101", "text" : " § 1101. Establishment of county vocational education and extension\\nboards.\\n 1. The board of supervisors or other governing elective body of any\\ncounty may adopt a resolution by a majority vote of the members of the\\nboard establishing a county vocational education and extension board for\\nthe purpose of giving instruction in agriculture and home economics and\\nsuch other special subjects as may be approved by the commissioner of\\neducation.\\n 2. Upon the adoption of the resolution as provided in the preceding\\nsubdivision the board of supervisors or other governing elective body\\nshall appoint a board which shall be known as \"The Vocational Education\\nand Extension Board of the County of .................... \" (insert here\\nthe name of the county). Such board shall consist of nine members who\\nshall serve for a period of nine years each except that members first\\nappointed shall be appointed for such terms that the term of one member\\nwill expire each year, and their successors shall thereafter each be\\nappointed for a full term of nine years respectively. At least three\\nmembers of this board shall be appointed upon recommendations made by\\nthe farm and home bureau associations of the county and at least three\\nmembers upon recommendations made by the district superintendents of the\\ncounty. Vacancies occurring in such office shall be filled by the board\\nof supervisors or other governing elective body for the unexpired term.\\n 3. The fiscal year of the vocational education and extension board of\\neach county shall begin on July first and end on June thirtieth.\\n 4. A county vocational education and extension board established\\npursuant to this section is hereby created a body corporate. All\\nproperty which is now vested in, or shall hereafter be transferred to, a\\ncounty vocational education and extension board shall be held by it as a\\ncorporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1102", "title" : "Powers and duties of vocational education and extension boards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1102", "activeDate" : "2014-09-22", "sequenceNo" : 630, "repealedDate" : null, "fromSection" : "1102", "toSection" : "1102", "text" : " § 1102. Powers and duties of vocational education and extension\\nboards. A vocational education and extension board shall, subject to\\nthe provisions of part one of this article, have the following powers\\nand duties:\\n 1. It may make or cause to be made a survey to determine the career\\neducation and extension needs of the county.\\n 2. It may make and establish and from time to time alter and amend\\nrules and regulations for the transaction of its business and for the\\nadministration of the work under its charge.\\n 3. It shall have full power and authority to employ supervisors and\\nteachers and all other persons necessary to carry on career education\\nand extension work and to determine the salaries to be paid. Members of\\nthe teaching and supervisory staff shall be appointed by a majority vote\\nof the vocational education and extension board upon recommendation of\\nthe director for a probationary period not to exceed three years except\\nthat no recommendation shall require for the appointment of a director\\nof career education. Services of members of the teaching and\\nsupervisory staff so employed may be discontinued at any time during the\\nprobationary period, upon the recommendation of the director, by\\nmajority action of such board. On or before the expiration of the\\nprobationary period such board, upon recommendation of the director, may\\nappoint on tenure those persons who have been found competent, efficient\\nand satisfactory. Such persons shall hold their respective positions\\nduring good behavior and competent and efficient service and shall not\\nbe removed except for any of the following causes, after a hearing, as\\nprovided by section three thousand twenty-a of this chapter: (a)\\ninsubordination, immoral character or conduct unbecoming a teacher; (b)\\ninefficiency, incompetency, physical or mental disability or neglect of\\nduty.\\n 4. It shall make an annual report in writing to the regents of The\\nUniversity of the State of New York and to the board of supervisors or\\nother governing elective body on or before the first day of October. It\\nshall also make such other reports as may be required by the\\ncommissioner of education or by the board of supervisors or other\\ngoverning elective body.\\n 5. It may appoint any advisory committees deemed necessary.\\n 6. It shall cooperate with existing public agencies in conducting\\ncareer education and extension work in the county.\\n 7. It shall have such other powers and shall perform such other duties\\nas may be necessary to carry into effect the purposes of part one of\\nthis article.\\n 8. It may request the board of supervisors to contribute the use of or\\nlease land, buildings and other facilities to it, and to contribute to\\nthe cost of operating and maintaining the program of the county\\nvocational education and extension board, and a board of supervisors\\nshall have power to make appropriations toward such cost and to\\ncontribute the use of or lease land, buildings, and other facilities to\\nit.\\n 9. It shall appoint one of its members as president, one of its\\nmembers or another qualified school district voter in the county as\\nclerk and another qualified school district voter in the county as\\ntreasurer. All moneys accruing or appropriated to the board shall be\\npaid to the treasurer of the board. The clerk and treasurer may be paid\\nsuch compensation as may be fixed by the board. The treasurer shall\\nfurnish a surety bond of a surety company authorized to do business in\\nthe state of New York. The form and amount of such bond shall be\\napproved by the board and the cost thereof shall be a charge against the\\nfunds of said board.\\n 10. It shall designate a bank or banks for the deposit of money. Such\\ndesignation shall be made of a bank within the county unless no bank\\nexists in the county. It shall notify the treasurer of all bank\\ndesignations and require him to deposit all money in such designated\\nbanks. Accruing funds, balances, resources and assets shall become the\\nproperty of any succeeding agency or, in the event of termination of the\\nprogram of shared services, such accruing funds, balances, resources and\\nassets shall be prorated among the districts having been served during\\nthe last year of operation and the county in proportion to the amount\\nwhich each paid to the vocational education and extension board.\\n 11. All accounting procedures shall be in accordance with regulations\\nthat apply to union free school districts.\\n 12. It shall have the authority to make contracts with the school\\nauthorities of school districts within the county, or without the county\\nwhere such contract will result in no additional expense being incurred\\nby such county, for services to be rendered by it to such school\\ndistricts, and such school authorities shall have the authority to enter\\ninto such contracts. Payments shall be made by the school districts at\\nleast as often as quarterly. Any amount so paid to the board by a school\\ndistrict shall not be included in computing the apportionment of state\\naid to such district.\\n 13. It may transport pupils under twenty-one years of age to and from\\nschools and classes maintained by such vocational education and\\nextension board for instruction in career education. In providing such\\ntransportation, the board may transport pupils residing outside the\\ncounty who are attending such schools and classes maintained by such\\nboard pursuant to subdivision twelve of this section.\\n 14. It may purchase and maintain a motor vehicle or vehicles to be\\nused for the transportation of school children under twenty-one years of\\nage to schools and classes maintained by the county vocational education\\nand extension board. Such motor vehicle or vehicles may be leased to a\\nschool district when not needed for such transportation. When such\\nmotor vehicle shall be leased as provided in this subdivision, public\\nliability and property damage insurance, fire insurance and compensation\\ninsurance of drivers shall be provided in the amount stated in section\\nthirty-six hundred twenty-seven of this chapter and collision insurance\\nshall be provided in the amount of value of the vehicle to protect the\\nlessor. No part of the cost and expenses resulting from operation,\\nmaintenance and repair of such vehicles during the leasing thereof shall\\nbe included in determining the amount of any form of state aid received\\nby such county vocational education and extension board.\\n 15. It may lease land, buildings, and other facilities as may be\\nnecessary to carry into effect the purposes of part one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1103", "title" : "Courses of study and qualifications of teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1103", "activeDate" : "2014-09-22", "sequenceNo" : 631, "repealedDate" : null, "fromSection" : "1103", "toSection" : "1103", "text" : " § 1103. Courses of study and qualifications of teachers. The courses\\nof instruction to accomplish the purposes of part one of this article\\nare to be approved by the commissioner of education. Such courses when\\nconducted in elementary or secondary schools are to be approved by the\\nsuperintendent in whose jurisdiction such instruction is given. The\\nqualifications of the teachers, directors, assistants and supervisors\\nemployed by a vocational education and extension board must conform to\\nthe regulations of the regents of the university and the commissioner of\\neducation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1104", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1104", "activeDate" : "2014-09-22", "sequenceNo" : 632, "repealedDate" : null, "fromSection" : "1104", "toSection" : "1104", "text" : " § 1104. State aid. 1. The commissioner of education in the annual\\napportionment of public moneys shall apportion therefrom to each county\\nmaintaining approved vocational education and extension work, a quota\\namounting to one-half of the salary paid each teacher, director,\\nassistant, and supervisor, but not to exceed ten thousand five hundred\\ndollars on account of the employment of such teacher, director,\\nassistant or supervisor.\\n 2. Notwithstanding the provisions of subdivision one of this section\\nor chapters fifty-three and three hundred ninety-one of the laws of\\nnineteen hundred eighty-nine or any other provision of law to the\\ncontrary, aid payable to county vocational education and extension\\nboards in the spring of nineteen hundred ninety shall be reduced by an\\namount equal to the amount that would have been paid pursuant to section\\nfive hundred twenty-one of this chapter to the New York state teachers'\\nretirement system on behalf of such board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1105", "title" : "Exemption of certain districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1105", "activeDate" : "2014-09-22", "sequenceNo" : 633, "repealedDate" : null, "fromSection" : "1105", "toSection" : "1105", "text" : " § 1105. Exemption of certain districts. Upon the recommendation of\\nthe county vocational education and extension board, the board of\\nsupervisors or other governing elective body of any county may exempt\\nany city or union free school district from the raising of moneys for\\nthe purpose of paying the cost of operating and maintaining the program\\nof the county vocational education and extension board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1106", "title" : "Transportation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1106", "activeDate" : "2014-09-22", "sequenceNo" : 634, "repealedDate" : null, "fromSection" : "1106", "toSection" : "1106", "text" : " § 1106. Transportation. 1. In a county which has a vocational\\neducation and extension board which does not furnish transportation to\\npupils pursuant to subdivision thirteen of section eleven hundred two of\\nthis chapter the cost of the transportation of pupils under twenty-one\\nyears of age to schools and classes maintained by such county vocational\\neducation and extension board shall be a charge upon the district in\\nwhich such pupils reside, or are attending as non-resident pupils. Such\\ntransportation shall be considered as other transportation of school\\npupils in accordance with the provisions of part two of article\\nseventy-three of the education law and the district of residence, or the\\ndistrict in which non-resident pupils are attending, shall be entitled\\nto a transportation quota.\\n 2. In a county which has a vocational education and extension board\\nwhich furnishes transportation to pupils pursuant to subdivision\\nthirteen of section eleven hundred two of this chapter, such vocational\\neducation and extension board shall receive a transportation quota which\\nshall be one-half of the cost of the transportation of pupils under\\ntwenty-one years of age to schools and classes maintained by such\\nvocational education and extension board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1107", "title" : "County bonds for land and buildings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1107", "activeDate" : "2014-09-22", "sequenceNo" : 635, "repealedDate" : null, "fromSection" : "1107", "toSection" : "1107", "text" : " § 1107. County bonds for land and buildings. A county vocational\\neducation and extension board established by a board of supervisors\\npursuant to the provisions of part one of this article shall be deemed\\nto be a department of the county for the purposes of this section, and\\nthe board of supervisors of such county may acquire land, construct\\nbuildings and other facilities for the use of the vocational education\\nand extension board of the county and shall have the power to expend\\nmoneys for and make appropriations to pay the cost thereof and to\\nfinance the cost thereof pursuant to the local finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A23P2", "title" : "County Commission For Special Education In Westchester County", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 636, "repealedDate" : null, "fromSection" : "1110", "toSection" : "1116", "text" : " PART II\\n COUNTY COMMISSION FOR SPECIAL EDUCATION IN WESTCHESTER COUNTY\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1110", "title" : "Establishment of a special education district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1110", "activeDate" : "2014-09-22", "sequenceNo" : 637, "repealedDate" : null, "fromSection" : "1110", "toSection" : "1110", "text" : " § 1110. Establishment of a special education district.\\n 1. The board of supervisors or other governing elective body of\\nWestchester county shall have power to adopt a resolution by a majority\\nvote of the members of such board to establish within the county a\\nspecial education district which shall include all the territory within\\nthe county. A city school district in such county having a population of\\nfifty thousand or more inhabitants shall be excluded from such special\\neducation district provided the board of education of such city shall\\nadopt a resolution requesting that such city school district be so\\nexcluded and file such resolution with the board of supervisors or other\\ngoverning elective body within sixty days after the establishment of\\nsuch special education district. With the approval of the county\\ncommission for special education to be appointed as hereinafter\\nprovided, a city school district so excluded may later become a part of\\nsuch special education district upon the written application by the\\nboard of education of such city school district.\\n 2. Upon the establishment of such special education district the board\\nof supervisors or other governing elective body shall appoint a board\\nwhich shall be known as the county commission for special education.\\nSuch commission shall consist of five members who shall serve for a\\nperiod of five years each, except that members first appointed shall be\\nappointed for such terms that the term of one member will expire each\\nyear, and their successors shall thereafter each be appointed for a full\\nterm of five years, respectively. Vacancies occurring in such office\\nshall be filled by the board of supervisors or other governing elective\\nbody for the unexpired term.\\n 3. Members of such commission shall serve without compensation except\\ntheir actual and necessary travelling expenses incurred in the\\nperformance of their official duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1111", "title" : "Powers and duties of county commission for special education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1111", "activeDate" : "2014-09-22", "sequenceNo" : 638, "repealedDate" : null, "fromSection" : "1111", "toSection" : "1111", "text" : " § 1111. Powers and duties of county commission for special education.\\nThe county commission for special education shall have power:\\n 1. To make or cause to be made a survey to determine the special\\neducational needs of the district.\\n 2. To establish schools or classes for physically handicapped children\\nand to provide other necessary educational services, including\\ntransportation and home teaching.\\n 3. To establish and maintain vocational schools and classes for the\\npurpose of providing instruction in agricultural, industrial,\\ncommercial, technical and home making subjects.\\n 4. To provide vocational and educational guidance service.\\n 5. To establish such other special educational services as may meet\\nthe approval of the commissioner of education.\\n 6. To employ a director of special education, who shall be the\\nexecutive officer and secretary of the commission, and upon the\\nrecommendation of such director to employ directors, supervisors and\\nteachers and all other persons necessary to carry on such special\\neducation projects as it may establish, and to determine the salaries to\\nbe paid.\\n 7. To purchase, lease, rent, improve or sell land, and build, repair,\\nimprove, lease, rent, buy and sell buildings.\\n 8. To acquire real property by condemnation for the purposes of such\\nspecial education district. Such condemnation proceedings shall be\\ninstituted and conducted by such commission in the name of the district,\\nunder the provisions of the statutes relating to the condemnation of\\nreal property.\\n 9. To purchase all necessary furniture, implements, books, materials,\\nequipment and supplies.\\n 10. To make contracts with cities, villages, school districts or other\\nagencies for carrying out the purposes of part two of this article.\\n 11. To appoint advisory committees.\\n 12. To make and establish, and from time to time alter and amend,\\nrules and regulations for the transaction of its business and for the\\nadministration of the work under its charge.\\n 13. It shall be the duty of the commission to make an itemized\\nestimate of the money needed for the ensuing year for the purposes of\\npart two of this article and file the same with the clerk of the board\\nof supervisors or other governing elective body at least sixty days\\nbefore the annual meeting of such board.\\n 14. It shall be the duty of the commission to make an annual report in\\nwriting to the regents of The University of the State of New York and to\\nthe board of supervisors or other governing elective body on or before\\nthe first day of October in each year. It shall also be its duty to make\\nsuch other reports as may be required by the commissioner of education\\nand by such board or body.\\n 15. It shall have such other powers and shall perform such other\\nduties as may be necessary to carry into effect the purposes of part two\\nof this article.\\n 16. It shall not incur liabilities against county funds in excess of\\nthe amounts appropriated by the board of supervisors or other governing\\nelective body.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1112", "title" : "Courses of study and qualifications of teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1112", "activeDate" : "2014-09-22", "sequenceNo" : 639, "repealedDate" : null, "fromSection" : "1112", "toSection" : "1112", "text" : " § 1112. Courses of study and qualifications of teachers. The courses\\nof instruction to accomplish the purposes of part two of this article\\nare to be approved by the commissioner of education. The qualifications\\nof the teachers, directors, assistants and supervisors employed by the\\ncounty commission for special education must conform to the regulations\\nof the regents of the university and the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1113", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1113", "activeDate" : "2014-09-22", "sequenceNo" : 640, "repealedDate" : null, "fromSection" : "1113", "toSection" : "1113", "text" : " § 1113. State aid. The commissioner of education in the annual\\napportionment of public moneys shall apportion therefrom to such county\\nthe quotas provided in section eleven hundred four of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1114", "title" : "Appropriations by board of supervisors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1114", "activeDate" : "2014-09-22", "sequenceNo" : 641, "repealedDate" : null, "fromSection" : "1114", "toSection" : "1114", "text" : " § 1114. Appropriations by board of supervisors. The board of\\nsupervisors or other governing elective body may make appropriations and\\nlevy taxes upon all the taxable property included within the boundaries\\nof the special education district to carry out the purposes of part two\\nof this article, and such taxes shall be assessed, levied and collected\\nat the same time and in the same manner as county taxes are assessed,\\nlevied and collected within the boundaries of such special education\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1115", "title" : "Indebtedness of special education district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1115", "activeDate" : "2014-09-22", "sequenceNo" : 642, "repealedDate" : null, "fromSection" : "1115", "toSection" : "1115", "text" : " § 1115. Indebtedness of special education district. For the purpose\\nof giving effect to the provisions of part two of this article the board\\nof supervisors or other governing elective body of such county may issue\\nobligations of the county pursuant to the provisions of the local\\nfinance law, which obligations shall be a charge upon the special\\neducation district. Whenever at the time of its enlargement the special\\neducation district shall have an outstanding bonded indebtedness, such\\noutstanding indebtedness shall become a charge against the enlarged\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1116", "title" : "County treasurer to act as treasurer of the county commission for special education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1116", "activeDate" : "2014-09-22", "sequenceNo" : 643, "repealedDate" : null, "fromSection" : "1116", "toSection" : "1116", "text" : " § 1116. County treasurer to act as treasurer of the county commission\\nfor special education. All moneys collected from taxes levied in\\naccordance with the provisions of part two of this article and all\\nmoneys apportioned by the commissioner of education, and any and all\\nmoneys received from any and all sources whatsoever for carrying out the\\nprovisions of part two of this article, shall be paid to the county\\ntreasurer. Such funds shall be disbursed by such county treasurer upon\\naudit by the special education commission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A23-A", "title" : "Service Centers For Independent Living", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "23-A", "activeDate" : "2014-09-22", "sequenceNo" : 644, "repealedDate" : null, "fromSection" : "1120", "toSection" : "1124", "text" : " ARTICLE 23-A\\n SERVICE CENTERS FOR INDEPENDENT LIVING\\nSection 1120. Declaration of intent.\\n 1121. Service centers for independent living; purpose and\\n duties.\\n 1122. Education department; responsibilities.\\n 1123. Regulations.\\n 1124. Distribution of funds.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1120", "title" : "Declaration of intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1120", "activeDate" : "2014-09-22", "sequenceNo" : 645, "repealedDate" : null, "fromSection" : "1120", "toSection" : "1120", "text" : " § 1120. Declaration of intent. Persons with disabilities comprise a\\nlarge percentage of New York's total population. The legislature hereby\\nfinds and declares that action is necessary to assist these individuals\\nto integrate and live more independently in the community. Since their\\ninception, service centers for independent living have enhanced the\\nability of persons with disabilities to pursue an independent and active\\nlifestyle within their community. In order to achieve this, it is\\nnecessary for the state to provide funding to maintain existing service\\ncenters designed to promote independent living and to encourage the\\nestablishment of new centers. In addition, the office of vocational\\nrehabilitation should have the responsibility and authority for the\\nencouragement of the planning, development, funding, evaluation and\\nmonitoring of such service centers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1121", "title" : "Service centers for independent living; purpose and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1121", "activeDate" : "2014-09-22", "sequenceNo" : 646, "repealedDate" : null, "fromSection" : "1121", "toSection" : "1121", "text" : " § 1121. Service centers for independent living; purpose and duties.\\n1. A service center for independent living shall be a community based\\nnon-residential program designed to promote independent living for\\npersons with disabilities.\\n (a) Such center shall:\\n (i) be a private not-for-profit corporation, pursuant to subdivision\\nfive of paragraph a of section one hundred two of the not-for-profit\\ncorporation law; provided, however, that persons with disabilities\\ncomprise at least fifty-one percent of the membership of the board of\\ndirectors;\\n (ii) be staffed by persons experienced in assisting persons with\\ndisabilities;\\n (iii) provide services designed to meet the needs of persons with\\ndisabilities, including such services as assisting persons with\\ndisabilities to obtain housing, employment referral, transportation\\nreferral, attendant care, independent living skills, peer counseling,\\nadvocacy services, job training, health care, homemaker services, and\\nother such services as approved by the commissioner;\\n (iv) train personnel for the purpose of attendant care in assisting\\nand serving persons with disabilities; and\\n (v) serve persons with disabilities.\\n (b) Such center may also, but need not limit itself to, provide\\ndisability awareness programs, peer counseling, role modeling and any\\nother appropriate services within elementary and secondary schools.\\n 2. Such service centers shall not be established or operated as a\\nresidential or housing facility.\\n 3. Such service centers shall make maximum use of existing resources\\navailable to persons with disabilities and shall not duplicate any\\nexisting services or programs, to the extent that such services or\\nprograms are available through other state sources to meet the needs of\\npersons with disabilities. Such centers shall however provide necessary\\ninformation and referral to assist a person with a disability in\\nobtaining such services and coordinate where possible the delivery of\\nsuch services to persons with disabilities.\\n 4. Such service centers shall be in compliance with all applicable\\nlocal laws and ordinances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1122", "title" : "Education department; responsibilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1122", "activeDate" : "2014-09-22", "sequenceNo" : 647, "repealedDate" : null, "fromSection" : "1122", "toSection" : "1122", "text" : " § 1122. Education department; responsibilities. The department shall\\nassist individuals and organizations in the planning and establishment\\nof such service centers. The department shall ensure program\\naccountability and shall monitor and evaluate such centers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1123", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1123", "activeDate" : "2014-09-22", "sequenceNo" : 648, "repealedDate" : null, "fromSection" : "1123", "toSection" : "1123", "text" : " § 1123. Regulations. The commissioner shall promulgate rules and\\nregulations necessary for the implementation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1124", "title" : "Distribution of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-08-19", "2016-11-18", "2017-08-18" ], "docLevelId" : "1124", "activeDate" : "2014-09-22", "sequenceNo" : 649, "repealedDate" : null, "fromSection" : "1124", "toSection" : "1124", "text" : " § 1124. Distribution of funds. 1. Service centers for independent\\nliving shall be funded out of appropriations available for such purposes\\nto the extent of the entire approved budget of such centers.\\n 2. Budgets submitted by service centers shall be approved in\\naccordance with regulations of the commissioner, subject to approval of\\nthe director of the budget.\\n 3. Service centers shall be located in the cities of Albany, Buffalo,\\nRochester, Syracuse, Utica, White Plains, Binghamton, Kingston,\\nPoughkeepsie, Jamestown, Yonkers, the counties of Queens, Kings, Nassau,\\nBronx, Richmond and New York and the township of Brookhaven with a\\nsatellite center in Central Islip in the county of Suffolk.\\n 4. Additional service centers shall be located in the cities of\\nNiagara Falls, Olean, Troy, Amsterdam, Newburgh, Corning, Ithaca,\\nCortland, Auburn, Watertown, Plattsburgh, Batavia, Massena and Glens\\nFalls, the counties of Delaware and Rockland, the county of Orange, in\\neither the city of Middletown or Port Jervis or in the town of Deerpark,\\nGreenville, Mount Hope, Warwick or Wawayanda or in the village of\\nGoshen, in the county of New York to serve the Harlem community, and in\\nthe counties of Putnam, Sullivan and Herkimer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A23-B", "title" : "Child Abuse In an Educational Setting", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-08-16", "2026-03-13" ], "docLevelId" : "23-B", "activeDate" : "2014-09-22", "sequenceNo" : 650, "repealedDate" : null, "fromSection" : "1125", "toSection" : "1133", "text" : " ARTICLE 23-B\\n CHILD ABUSE IN AN EDUCATIONAL SETTING\\nSection 1125. Definitions.\\n 1126. Duties of employees specifically enumerated in this\\n section upon receipt of an allegation of child abuse\\n in an educational setting.\\n 1127. Confidentiality of records.\\n 1128. Duties of school administrators and superintendents upon\\n receipt of a written report alleging child abuse in an\\n educational setting.\\n 1128-a. Additional duties of superintendents.\\n 1129. Penalties for failure to comply.\\n 1130. Notification by district attorney.\\n 1131. Actions upon criminal conviction of a licensed or\\n certified school employee.\\n 1132. Duties of the commissioner; child abuse in an\\n educational setting.\\n 1133. Unreported resignation against public policy.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1125", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07", "2023-10-27" ], "docLevelId" : "1125", "activeDate" : "2014-09-22", "sequenceNo" : 651, "repealedDate" : null, "fromSection" : "1125", "toSection" : "1125", "text" : " § 1125. Definitions. For the purposes of this article the following\\nterms shall have the following meanings:\\n 1. \"Child abuse\" shall mean any of the following acts committed in an\\neducational setting by an employee or volunteer against a child: (a)\\nintentionally or recklessly inflicting physical injury, serious physical\\ninjury or death, or (b) intentionally or recklessly engaging in conduct\\nwhich creates a substantial risk of such physical injury, serious\\nphysical injury or death, or (c) any child sexual abuse as defined in\\nthis section, or (d) the commission or attempted commission against a\\nchild of the crime of disseminating indecent materials to minors\\npursuant to article two hundred thirty-five of the penal law.\\n 2. \"Child\" shall mean a person under the age of twenty-one years\\nenrolled in a school district in this state, other than a school\\ndistrict within a city having a population of one million or more.\\n 3. \"Employee\" shall mean any person receiving compensation from a\\nschool district or employee of a contracted service provider or worker\\nplaced within the school under a public assistance employment program,\\npursuant to title nine-B of article five of the social services law, and\\nconsistent with the provisions of such title for the provision of\\nservices to such district, its students or employees, directly or\\nthrough contract, whereby such services performed by such person involve\\ndirect student contact.\\n 4. \"Volunteer\" shall mean any person, other than an employee, who\\nprovides services to a school or school district, which involve direct\\nstudent contact.\\n 5. \"Educational setting\" shall mean the building and grounds of a\\npublic school district, the vehicles provided by the school district for\\nthe transportation of students to and from school buildings, field\\ntrips, co-curricular and extra-curricular activities both on and off\\nschool district grounds, all co-curricular and extra-curricular activity\\nsites, and any other location where direct contact between an employee\\nor volunteer and a child has allegedly occurred. Such term shall not\\ninclude a special act school district as defined in section four\\nthousand one of this chapter which shall be subject to article eleven of\\nthe social services law.\\n 6. \"Administrator\" or \"school administrator\" shall mean a principal of\\na public school, charter school or board of cooperative educational\\nservices, or other chief school officer.\\n 7. \"Law enforcement authorities\" shall mean a municipal police\\ndepartment, sheriff's department, the division of state police or any\\nofficer thereof. Notwithstanding any other provision of law, law\\nenforcement authorities shall not include any child protective service\\nor any society for the prevention of cruelty to children as such terms\\nare defined in section four hundred twenty-three of the social services\\nlaw.\\n 8. \"Parent\" shall mean either or both of a child's parents or other\\npersons legally responsible for the child.\\n 9. \"Child sexual abuse\" shall mean conduct prohibited by article one\\nhundred thirty or two hundred sixty-three of the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1126", "title" : "Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07", "2019-08-16" ], "docLevelId" : "1126", "activeDate" : "2014-09-22", "sequenceNo" : 652, "repealedDate" : null, "fromSection" : "1126", "toSection" : "1126", "text" : " § 1126. Duties of employees specifically enumerated in this section\\nupon receipt of an allegation of child abuse in an educational setting.\\n1. In any case where an oral or written allegation is made to a teacher,\\nschool nurse, school guidance counselor, school psychologist, school\\nsocial worker, school administrator, school board member or other school\\npersonnel required to hold a teaching or administrative license or\\ncertificate, that a child has been subjected to child abuse by an\\nemployee or volunteer in an educational setting, such person shall upon\\nreceipt of such allegation:\\n (a) promptly complete a written report of such allegation including\\nthe full name of the child alleged to be abused; the name of the child's\\nparent; the identity of the person making the allegation and their\\nrelationship to the alleged child victim; the name of the employee or\\nvolunteer against whom the allegation was made; and a listing of the\\nspecific allegations of child abuse in an educational setting. Such\\nwritten report shall be upon a form as prescribed in section eleven\\nhundred thirty-two of this article.\\n (b) except where the school administrator is the person receiving such\\noral or written allegation, promptly personally deliver a copy of such\\nwritten report to the school administrator of the school in which the\\nchild abuse allegedly occurred.\\n 2. In any case where it is alleged that a child was abused by an\\nemployee or volunteer of a school other than a school within the school\\ndistrict of the child's attendance, the report of such allegations shall\\nbe promptly forwarded to the superintendent of schools of the school\\ndistrict of the child's attendance and the school district where the\\nabuse allegedly occurred, whereupon both school superintendents shall\\ncomply with sections eleven hundred twenty-eight and eleven hundred\\ntwenty-eight-a of this article.\\n 3. Any employee or volunteer who reasonably and in good faith makes a\\nreport of allegations of child abuse in an educational setting to a\\nperson and in a manner described in this section shall have immunity\\nfrom civil liability which might otherwise result by reason of such\\nactions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1127", "title" : "Confidentiality of records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1127", "activeDate" : "2014-09-22", "sequenceNo" : 653, "repealedDate" : null, "fromSection" : "1127", "toSection" : "1127", "text" : " § 1127. Confidentiality of records. Reports and other written material\\nsubmitted pursuant to this article, and photographs taken concerning\\nsuch reports in the possession of any person authorized to receive such\\ninformation, pursuant to this article, shall be confidential and shall\\nnot be redisclosed except to law enforcement authorities involved in an\\ninvestigation of child abuse in an educational setting or as expressly\\nauthorized by law or pursuant to a court-ordered subpoena. A school\\nadministrator or a school superintendent shall exercise reasonable care\\nin preventing such unauthorized disclosure. Willful disclosure of a\\nwritten record required to be kept confidential pursuant to this section\\nto a person not authorized to receive or review such record is a class A\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1128", "title" : "Duties of school administrators and superintendents upon receipt of a written report alleging child abuse in an educational setting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07" ], "docLevelId" : "1128", "activeDate" : "2014-09-22", "sequenceNo" : 654, "repealedDate" : null, "fromSection" : "1128", "toSection" : "1128", "text" : " § 1128. Duties of school administrators and superintendents upon\\nreceipt of a written report alleging child abuse in an educational\\nsetting. Upon receipt of a written report described in paragraph (a) of\\nsubdivision one of section eleven hundred twenty-six of this article\\nalleging that a child has been abused in an educational setting, a\\nschool administrator or superintendent shall where there is a reasonable\\nsuspicion to believe that an act of child abuse has occurred:\\n 1. Where the subject child has made the allegation: (a) promptly\\nnotify the parent of such child that an allegation of child abuse in an\\neducational setting has been made regarding such child and promptly\\nprovide the parent with a written statement prepared pursuant to\\nregulations of the commissioner setting forth parental rights,\\nresponsibilities and procedures under this article; (b) where a school\\nadministrator receives a written report, promptly provide a copy of such\\nreport to the superintendent; and (c) promptly forward such report to\\nappropriate law enforcement authorities. In no event shall reporting to\\nlaw enforcement be delayed by reason of an inability to contact the\\nsuperintendent.\\n 2. Where a parent of the child has made the allegation: (a) promptly\\nprovide the parent of such child with a written statement prepared\\npursuant to regulations of the commissioner setting forth parental\\nrights, responsibilities and procedures under this article; (b) where a\\nschool administrator receives a written report, promptly provide a copy\\nof such report to the superintendent; and (c) promptly forward such\\nreport to appropriate law enforcement authorities. In no event shall\\nreporting to law enforcement be delayed by reason of an inability to\\ncontact the superintendent.\\n 3. Where a person other than the subject child or the parent of a\\nsubject child has made the allegation: (a) promptly notify the parent of\\nthe subject child that an allegation of child abuse in an educational\\nsetting has been made regarding his or her child and promptly provide\\nthe parent with a written statement prepared pursuant to regulations of\\nthe commissioner setting forth parental rights, responsibilities and\\nprocedures under this article; (b) ascertain from the person making such\\nreport the source and basis for such allegation; (c) where a school\\nadministrator receives a written report, promptly provide a copy of such\\nreport to the superintendent; and (d) promptly forward such report to\\nappropriate law enforcement authorities. In no event shall reporting to\\nlaw enforcement be delayed by reason of an inability to contact the\\nsuperintendent.\\n 4. Any school administrator or superintendent who reasonably and in\\ngood faith makes a report of allegations of child abuse in an\\neducational setting or reasonably and in good faith transmits such a\\nreport to a person or agency as required by this article and in a manner\\ndescribed in section eleven hundred twenty-six of this article and this\\nsection shall have immunity from civil liability which might otherwise\\nresult by reason of such actions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1128-A", "title" : "Additional duties of superintendents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07" ], "docLevelId" : "1128-A", "activeDate" : "2014-09-22", "sequenceNo" : 655, "repealedDate" : null, "fromSection" : "1128-A", "toSection" : "1128-A", "text" : " § 1128-a. Additional duties of superintendents. 1. Where a\\nsuperintendent of schools forwards to law enforcement a report as\\ndescribed in paragraph (a) of subdivision one of section eleven hundred\\ntwenty-six of this article, he or she shall refer such report to the\\ncommissioner where the employee or volunteer alleged to have committed\\nan act of child abuse as defined in this article holds a certification\\nor license issued by the department.\\n 2. A report which is made pursuant to this article and does not, after\\ninvestigation, result in a criminal conviction shall be expunged from\\nany record which may be kept by a school or school district with respect\\nto the subject of such a report after a period of five years from the\\ndate of the making of such report or at such earlier time as such\\nschool, or school district, as the case may be, determines.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1129", "title" : "Penalties for failure to comply", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1129", "activeDate" : "2014-09-22", "sequenceNo" : 656, "repealedDate" : null, "fromSection" : "1129", "toSection" : "1129", "text" : " § 1129. Penalties for failure to comply. 1. Willful failure of an\\nemployee to prepare and submit a written report of an allegation of\\nchild abuse as required by this article shall be a class A misdemeanor.\\n 2. (a) Willful failure of a school administrator or superintendent to\\nsubmit a written report of child abuse to an appropriate law enforcement\\nauthority, as required by this article, shall be a class A misdemeanor.\\n (b) Notwithstanding paragraph (a) of this subdivision, any failure to\\nsubmit a written report of child abuse to an appropriate law enforcement\\nauthority as required by this article, shall be punishable by a civil\\npenalty not to exceed five thousand dollars upon an administrative\\ndetermination by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1130", "title" : "Notification by district attorney", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07" ], "docLevelId" : "1130", "activeDate" : "2014-09-22", "sequenceNo" : 657, "repealedDate" : null, "fromSection" : "1130", "toSection" : "1130", "text" : " § 1130. Notification by district attorney. Where a criminal\\ninvestigation of an allegation of child abuse by an employee or\\nvolunteer is undertaken in response to a report forwarded by a school\\nadministrator or superintendent to law enforcement authorities pursuant\\nto section eleven hundred twenty-eight of this article, and where law\\nenforcement authorities have provided such report to the district\\nattorney and have requested assistance, as soon as practicable, it shall\\nbe the responsibility of the district attorney to notify the\\nsuperintendent of schools of the district where the acts of child abuse\\nallegedly occurred and of the school district where the child is\\nattending, if different, of an indictment or the filing of an accusatory\\ninstrument against the employee or volunteer against whom an allegation\\nof child abuse in an educational setting was made. The district attorney\\nshall notify the superintendent of schools of the district where the\\nacts of child abuse allegedly occurred and of the school district, if\\ndifferent, where the child is attending of the disposition of the\\ncriminal case against such employee or volunteer or the suspension or\\ntermination of the criminal investigation of such employee or volunteer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1131", "title" : "Actions upon criminal conviction of a licensed or certified school employee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07" ], "docLevelId" : "1131", "activeDate" : "2014-09-22", "sequenceNo" : 658, "repealedDate" : null, "fromSection" : "1131", "toSection" : "1131", "text" : " § 1131. Actions upon criminal conviction of a licensed or certified\\nschool employee. 1. In the event that a licensed or certified school\\nemployee against whom an allegation of child abuse in an educational\\nsetting has been made, is convicted of any crime involving child abuse\\nin an educational setting, the district attorney shall provide notice\\nthereof to the commissioner, the superintendent of schools of the\\ndistrict where the acts of child abuse occurred and to the school\\ndistrict where the child is attending school, if different.\\n 2. Upon receiving notice of a conviction from a district attorney\\npursuant to subdivision one of this section, the commissioner shall,\\nwithout delay, proceed to determine whether the individual possesses\\ngood moral character, in accordance with the regulations of the\\ncommissioner governing such a determination.\\n 3. Nothing in this article shall be construed as creating any\\nauthority to take an adverse action against an employee or volunteer by\\nvirtue of a report pursuant to this article which has not been\\nsubstantiated.\\n 4. An employee or volunteer who has adverse action taken against him\\nor her by virtue of or in connection with any report made pursuant to\\nthis article shall be entitled to receive a copy of such report and\\nrespond to the allegations of child abuse made therein. Any employee or\\nvolunteer shall, in addition, be entitled to seek disclosure of such\\nreport pursuant to article six of the public officers law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1132", "title" : "Duties of the commissioner; child abuse in an educational setting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07", "2019-08-16" ], "docLevelId" : "1132", "activeDate" : "2014-09-22", "sequenceNo" : 659, "repealedDate" : null, "fromSection" : "1132", "toSection" : "1132", "text" : " § 1132. Duties of the commissioner; child abuse in an educational\\nsetting. 1. The commissioner shall prepare a form for the recording and\\ntransmitting of allegations of child abuse in an educational setting.\\nSuch form shall include: (i) all definitions set out in section eleven\\nhundred twenty-five of this article; and (ii) adequate space for the\\ninclusion of any other information which the person making or filing the\\nreport believes would be helpful in describing or explaining the\\ncircumstances surrounding an allegation of child abuse in an educational\\nsetting in accordance with the provisions of this article.\\n 2. The commissioner shall promulgate rules and regulations for\\ntraining necessary for the implementation of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1133", "title" : "Unreported resignation against public policy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14", "2019-06-07" ], "docLevelId" : "1133", "activeDate" : "2014-09-22", "sequenceNo" : 660, "repealedDate" : null, "fromSection" : "1133", "toSection" : "1133", "text" : " § 1133. Unreported resignation against public policy. 1. A school\\nadministrator or superintendent shall not make any agreement to withhold\\nfrom law enforcement authorities, the superintendent or the\\ncommissioner, where appropriate, the fact that an allegation of child\\nabuse in an educational setting on the part of any employee or volunteer\\nas required by this article in return for the resignation or voluntary\\nsuspension from his or her position of such person, against whom the\\nallegation is made.\\n 2. Each violation of subdivision one of this section shall constitute\\na class E felony, and shall also be punishable by a civil penalty not to\\nexceed twenty thousand dollars.\\n 3. Any superintendent of schools who reasonably and in good faith\\nreports to law enforcement officials information regarding allegations\\nof child abuse or a resignation as required by this article shall have\\nimmunity from any liability, civil or criminal, which might otherwise\\nresult by reason of such actions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A24", "title" : "New York State Rural Education Program Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "24", "activeDate" : "2014-09-22", "sequenceNo" : 661, "repealedDate" : null, "fromSection" : "1201", "toSection" : "1207", "text" : " ARTICLE 24\\n NEW YORK STATE RURAL EDUCATION PROGRAM ACT\\nSection 1201. Short title.\\n 1202. Legislative findings and intent.\\n 1203. Definitions.\\n 1204. New York state center for rural schools established.\\n 1205. Rural education advisory committee established.\\n 1206. Contract authority.\\n 1207. Functions, powers and duties of other state agencies.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1201", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1201", "activeDate" : "2014-09-22", "sequenceNo" : 662, "repealedDate" : null, "fromSection" : "1201", "toSection" : "1201", "text" : " § 1201. Short title. This article shall be known and may be cited as\\nthe \"New York state rural education program act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1202", "title" : "Legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1202", "activeDate" : "2014-09-22", "sequenceNo" : 663, "repealedDate" : null, "fromSection" : "1202", "toSection" : "1202", "text" : " § 1202. Legislative findings and intent. The legislature hereby finds,\\ndetermines and declares that:\\n 1. Rural education is a critical factor and dominant force in\\nstimulating and maintaining socioeconomic development, economic\\nviability, social activity and cultural enrichment in rural regions of\\nNew York state. Rural schools fill an integral role as centers of the\\ncommunity and as a bridge for youth to connect with the broader society\\nin fulfilling their dreams and ambitions;\\n 2. Rural areas account for more than half of the school systems,\\nboards of cooperative education services and colleges in the state;\\n 3. Rural areas have unique conditions and circumstances which require\\nspecial consideration in the development and assessment of state policy,\\nincluding: (a) that rural areas contain many of the low-wealth,\\nlow-spending school districts in the state; (b) that average incomes of\\nrural residents are lower than statewide norms; and (c) that per pupil\\nexpenditures in rural schools are more than fifteen percent below the\\nstatewide average;\\n 4. Weaknesses exist in rural education inasmuch as rural schools have\\ndifficulty attracting and retaining highly trained teachers and\\nadministrators, teachers are spread thinly over several subject areas;\\n 5. A limited knowledge base on small rural educational organizations\\nand lack of a systematic research agenda for rural schools limit the\\npotential for development of cohesive state policy for educational\\nservices in rural New York;\\n 6. The establishment of a program on rural education would enhance the\\ncapacity of policy makers within state government: (a) to better\\nunderstand the inefficiencies and needs of the state's rural education\\nsystems; (b) to assess the impact of existing and proposed government\\nmandates on rural areas; (c) to promote innovation, flexibility and\\ninvestment to ensure that rural residents have equitable access to and\\nreceive quality educational services and opportunities; and (d) to\\npromote the long-term goal of improving the economic and social\\nwell-being of rural communities as a direct result of improving rural\\nschool performance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1203", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1203", "activeDate" : "2014-09-22", "sequenceNo" : 664, "repealedDate" : null, "fromSection" : "1203", "toSection" : "1203", "text" : " § 1203. Definitions. For the purposes of this article:\\n 1. \"Center\" shall mean the New York state center for rural schools;\\n 2. \"Committee\" shall mean the rural education advisory committee,\\nestablished pursuant to the provisions of this article; and\\n 3. \"Rural area\" shall mean any county with less than two hundred\\nthousand population, or any town which has a population of less than one\\nhundred fifty persons per square mile.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1204", "title" : "New York state center for rural schools established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1204", "activeDate" : "2014-09-22", "sequenceNo" : 665, "repealedDate" : null, "fromSection" : "1204", "toSection" : "1204", "text" : " § 1204. New York state center for rural schools established. 1.\\nSubject to the availability of funds appropriated, allocated or\\notherwise supplied from any other public or private source, the New York\\nstate center for rural schools is hereby established in order to provide\\na state-level focus and forum for conducting and disseminating specific\\nresearch and for developing policy recommendations targeted toward the\\nimprovement of the effectiveness and efficiency of educational services\\ndelivery and opportunities in rural New York. Such center shall be\\nestablished within the college of agriculture and life sciences at\\nCornell University, and function cooperatively with the rural education\\nadvisory committee established pursuant to the provisions of this\\narticle.\\n 2. The center, in cooperation with the committee, shall:\\n (a) Promote awareness of special educational needs and conditions in\\nrural areas;\\n (b) Promote assessment and analysis of such factors and variables\\nimpacting the quality of rural education as:\\n (i) Existing statutory and regulatory measures;\\n (ii) Current levels of federal, state and local support, in relation\\nto the financial capacity of school districts to maintain required\\neducational services;\\n (iii) Academic and occupational-training opportunities and program\\nofferings, including those which may serve the physically challenged;\\n (iv) Access to state of the art technology in instruction, including\\ntelecommunications equipment and microcomputers;\\n (v) Academic and occupational training performance testing and\\nstandards;\\n (vi) Staffing, including salary levels, recruitment and retention\\nincentives, and advanced training prospects;\\n (vii) Career guidance, counseling and placement services;\\n (viii) Capacity of school districts to engage in strategic and\\nlong-range planning;\\n (ix) Physical condition of existing facilities, inventories and\\ninfrastructure;\\n (x) Transportation, including services rendered pursuant to chapter\\nfive hundred ninety-eight of the laws of nineteen hundred eighty-nine;\\nchapter eight hundred ninety-five of the laws of nineteen hundred\\neighty-six as amended;\\n (xi) Geographic sparsity and isolation, particularly in terms of\\ntravel distances for pupils and access to community resources;\\n (xii) Availability and integration of community support services; and\\n (xiii) Alternatives to reorganization for necessarily small school\\ndistricts;\\n (c) Maintain an informational repository/clearinghouse of data and\\nresearch results including innovative and cost-effective approaches in\\nrural education, and disseminate research findings, information,\\nmaterials and best practices;\\n (d) Encourage cost-effective, integrated services that address special\\nneeds and conditions in rural areas through joint efforts among private\\nand public institutions and agencies, including but not limited to\\ncolleges, community action agencies, social services agencies, health\\nagencies, employment and training agencies;\\n (e) Promote training and technical assistance for rural school\\ndistrict officials and employees in the use of cost-effective\\ninstructional and administrative practices;\\n (f) Foster demonstration projects and development of alternative\\nmodels to enhance the delivery of academic and occupational-training\\nservices and programs specific to rural areas;\\n (g) Identify opportunities to advance equity in access and quality of\\neducational and job skills training for residents of rural areas,\\nincluding such special target or \"at risk\" populations as:\\n (1) illiterate adults,\\n (2) single mothers,\\n (3) individuals in poverty,\\n (4) substance abusers, and\\n (5) youthful offenders;\\n (h) Have the authority to accept and receive any grants, awards or\\nother funds or appropriations as may be made available to the center and\\ncommittee to effect the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1205", "title" : "Rural education advisory committee established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1205", "activeDate" : "2014-09-22", "sequenceNo" : 666, "repealedDate" : null, "fromSection" : "1205", "toSection" : "1205", "text" : " § 1205. Rural education advisory committee established. 1. Subject to\\nthe availability of funds appropriated, allocated or otherwise supplied\\nfrom any other public or private source for the purposes of implementing\\nthe provisions of this article, a rural education advisory committee is\\nhereby established. Such committee shall be comprised of nine members,\\nto be appointed as follows: one by the temporary president of the\\nsenate, one by the speaker of the assembly, one by the governor, and one\\nby the dean of the college of agriculture and life sciences at Cornell\\nUniversity. The remaining five members, one of whom shall be a certified\\nteacher who has experience teaching in a rural school district, shall be\\nappointed by the commissioner. The commissioner, or his or her designee,\\nshall serve as chairperson of the committee. Membership on the committee\\nshall be:\\n (a) reflective of the diversity of the state's rural population and\\ngeographic areas, and;\\n (b) reflective of the diversity of practical knowledge and interests\\nin the broad range of rural educational sectors, including but not\\nlimited to, primary, secondary and post-secondary educators and\\nadministrators who have experience in a rural school district, community\\nhuman service providers, the business community, and the general public.\\n 2. The chairperson may invite individuals to assist or to serve as\\ntechnical advisors to the committee in the exercise of its powers and\\nduties, as provided in this section.\\n 3. The terms of office of the appointed members of the committee shall\\nbe for four years. Any vacancy occurring in the appointed membership of\\nthe committee shall be filled within one year by the same authority\\nresponsible for the initial appointment of such member.\\n 4. The committee shall meet at least twice yearly, and at such\\nadditional times as may be determined by the chairperson.\\n 5. Members of the committee shall receive no compensation, but shall\\nbe reimbursed for their actual and necessary expenses incurred in the\\nperformance of their official duties.\\n 6. In the exercise of its powers and duties, the committee shall:\\n (a) Work with the center in developing priorities for targeted\\nresearch regarding rural education in New York;\\n (b) Facilitate the development of policy recommendations which may\\nenhance access to, as well as the quality and productivity of,\\neducational programs and practices in rural areas;\\n (c) Participate in the review and authorization of demonstration\\nprojects and the development of alternative models for improved and\\npotentially more cost-effective educational activities and programs;\\n (d) Promote community and school involvement and collaboration in the\\ndevelopment and implementation of policies and activities undertaken\\npursuant to this article; and\\n (e) Prepare an annual report, as well as special focus reports which\\nmay result from specific research and other activities conducted in\\naccordance with this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1206", "title" : "Contract authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1206", "activeDate" : "2014-09-22", "sequenceNo" : 667, "repealedDate" : null, "fromSection" : "1206", "toSection" : "1206", "text" : " § 1206. Contract authority. The center, after consultation with the\\ncommittee, is hereby empowered to enter into any agreement or contract\\nwith any private or public agencies, corporations, or individuals\\nnecessary or convenient to carry out the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1207", "title" : "Functions, powers and duties of other state agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1207", "activeDate" : "2014-09-22", "sequenceNo" : 668, "repealedDate" : null, "fromSection" : "1207", "toSection" : "1207", "text" : " § 1207. Functions, powers and duties of other state agencies. Nothing\\ncontained in this article shall be deemed to derogate or detract in any\\nway from the functions, powers or duties prescribed by law of any agency\\nor department of the state or to interrupt or preclude the direct\\nrelationship of any such department or agency with local agencies,\\nindividuals or corporations for the carrying out of such functions,\\npowers and duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false } ], "size" : 36 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T2", "title" : "School District Organization", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 669, "repealedDate" : null, "fromSection" : "1501", "toSection" : "2857", "text" : " TITLE II\\n SCHOOL DISTRICT ORGANIZATION\\nArticle 31. School districts (§§ 1501--1527-c).\\n 32. Filing of expenditure statements by candidates for\\n membership on board of education (§§ 1528-1531).\\n 33. Common school districts (§§ 1601-1619).\\n 35. Union free school districts (§§ 1701-1726).\\n 37. Central school districts (§§ 1801-1809).\\n 39. Central high school districts (§§ 1901--1917-a).\\n 40. Boards of cooperative educational services (§§ 1950-1952).\\n 40-A. Shared personnel (§§ 1980-1981).\\n 41. District meetings (§§ 2001-2045).\\n Part I-General provisions (§§ 2001-2038).\\n Part II-Contract system (§§ 2040-2045).\\n Part III-Professional services providers (§§ 2050-2054).\\n 43. School district officers-town and county officials\\n (§§ 2101-2143).\\n Part I-General provisions (§§ 2101-2119).\\n Part II-District clerk; treasurer; collector\\n (§§ 2121-2130).\\n Part III-Town and county officials (§§ 2140-2143).\\n 45. Supervisory districts (§§ 2201-2218).\\n 51. City school districts of cities with less than one hundred\\n twenty-five thousand inhabitants (§§ 2501-2530).\\n 52. City school districts of cities with one hundred\\n twenty-five thousand inhabitants or more (§§ 2550-2588).\\n 52-A. New York city community school district system\\n (§§ 2590--2590-s).\\n 53. School elections in city school districts of cities with\\n less than one hundred twenty-five thousand inhabitants\\n (§§ 2601-2613).\\n 55. Regulation by boards of education of conduct on school\\n district property (§§ 2801-2814).\\n 56. Charter schools (§§ 2850-2857).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A31", "title" : "School Districts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-11-12" ], "docLevelId" : "31", "activeDate" : "2014-09-22", "sequenceNo" : 670, "repealedDate" : null, "fromSection" : "1501", "toSection" : "1527-C", "text" : " ARTICLE 31\\n SCHOOL DISTRICTS\\nSection 1501. Existing school districts continued.\\n 1501-a. Publication of minutes.\\n 1501-b. Additional power of boards of education.\\n 1501-c. Voting by residents of certain facilities.\\n 1502. Passengers on school buses.\\n 1502-a. Power to provide for observance of Memorial day; certain\\n cases.\\n 1503. Application of funds obtained from sale of school\\n property.\\n 1504. Formation of new district.\\n 1505. Dissolution, reformation and construction of districts.\\n 1505-a. Teachers' rights as a result of the dissolution of a\\n school district.\\n 1506. Filing of certain orders of district superintendent.\\n 1507. Alteration by consent.\\n 1508. Alteration without consent.\\n 1509. Hearing of objections to order for alteration without\\n consent.\\n 1510. Consolidation of districts by vote of qualified\\n electors.\\n 1511. Request for meeting to consolidate districts; notices of\\n meeting.\\n 1512. Proceedings at meeting for consolidation; adoption of\\n resolution; proceedings to be filed.\\n 1513. Order creating consolidated district; effect.\\n 1514. Property of districts consolidated.\\n 1515. Dissolution or alteration of joint district.\\n 1516. Special meeting of joint district to act regarding\\n alteration or dissolution.\\n 1517. Indebtedness of certain dissolved districts.\\n 1518. Continuance of dissolved districts for payment of debts.\\n 1519. Deposit of records of dissolved district.\\n 1520. Sale of property of dissolved district and disposition\\n of proceeds.\\n 1521. Collection and distribution of moneys due dissolved\\n district.\\n 1522. Notice of meeting for establishment of union free school\\n district.\\n 1523. Proceedings at meeting and effect of affirmative vote.\\n 1524. Consolidation with city school district.\\n 1525. Alteration of boundaries of city school district.\\n 1526. Enlarged city school districts.\\n 1527. Payroll deductions for deposit to employee bank\\n accounts.\\n 1527-c. Shared superintendent program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1501", "title" : "Existing school districts continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1501", "activeDate" : "2014-09-22", "sequenceNo" : 671, "repealedDate" : null, "fromSection" : "1501", "toSection" : "1501", "text" : " § 1501. Existing school districts continued. 1. All school districts\\norganized either by special laws or pursuant to the provisions of a\\ngeneral law are hereby continued.\\n 2. a. Common school districts and union free school districts so\\norganized may be altered or dissolved as provided in this article.\\n b. Notwithstanding any other provision of this chapter or of any other\\ngeneral or special law to the contrary, all school districts which do\\nnot maintain a home school on March first, nineteen hundred sixty-six,\\nand had not prior to October first, nineteen hundred sixty-five voted to\\nreopen such home school and expended monies for construction or\\nrehabilitation of such home school, provided that they are contiguous,\\neither directly, or through other such districts, to a union free,\\ncentral or city school district maintaining a twelve grade school system\\n(not counting kindergarten) and with which such school districts are\\nscheduled to be reorganized pursuant to the state plan for school\\ndistrict reorganization under section three hundred fourteen of this\\nchapter, are hereby abolished as of July first, nineteen hundred\\nsixty-nine, and are hereby made a part of such contiguous union free,\\ncentral or city school district. The provisions of section fifteen\\nhundred fourteen, fifteen hundred seventeen and fifteen hundred eighteen\\nof this chapter shall apply in all such cases.\\n c. Notwithstanding the provisions of paragraph b of this subdivision,\\nany such district desiring a change in such state plan may petition the\\ncommissioner for such change as provided in section three hundred\\nfourteen of this chapter. The status of such district shall be\\nmaintained pending such proceeding, and if any other such district or\\ndistricts is or are contiguous to a union free, central or city school\\ndistrict only through such petitioning district, then and in that event,\\nthe status of such other district or districts shall also be maintained\\npending such proceeding. The petitioning district and such other\\ndistrict or districts contiguous with a union free, central or city\\nschool district only through such petitioning district shall become a\\npart of such other union free, central or city school district as the\\ncommissioner or the court may order; in such case the provisions of\\nparagraph b of this subdivision shall become applicable, and the\\nabolition of such school districts shall become effective as of July\\nfirst next following the final determination of the petition; if, in\\nsuch case, any other school district or districts indirectly contiguous\\nto such union free, central or city school district loses its contiguity\\ntherewith, the commissioner or the court, as the case may be, in the\\norder, shall make an appropriate disposition of such district or\\ndistricts.\\n 3. Central school districts may be organized under and are subject to\\nthe provisions of article thirty-seven.\\n 4. Central high school districts may be altered under and are subject\\nto the provisions of article thirty-nine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1501-A", "title" : "Publication of minutes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1501-A", "activeDate" : "2014-09-22", "sequenceNo" : 672, "repealedDate" : null, "fromSection" : "1501-A", "toSection" : "1501-A", "text" : " § 1501-a. Publication of minutes. Any school district board of\\ntrustees, board of education or other corporate body may publish the\\nminutes of its proceedings in the official newspaper or if no official\\nnewspaper has been designated, in any newspaper having general\\ncirculation in the school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1501-B", "title" : "Additional power of boards of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1501-B", "activeDate" : "2014-09-22", "sequenceNo" : 673, "repealedDate" : null, "fromSection" : "1501-B", "toSection" : "1501-B", "text" : " § 1501-b. Additional power of boards of education. 1. The board of\\neducation of any school district is hereby authorized and empowered to\\nrent or lease for such consideration as may be determined by such board,\\na motor vehicle or vehicles owned by the respective school district\\nduring any time when such vehicle or vehicles are not needed for the\\ntransportation of such children, which are otherwise used for the\\ntransportation of the school children of such district to:\\n (a) any senior citizens center or organization that is recognized and\\nfunded by the office for the aging;\\n (b) any non-profit incorporated organization serving senior citizens;\\n (c) any non-profit incorporated organization serving the physically or\\nmentally handicapped;\\n (d) any not-for-profit organization that provides recreation, youth\\nservices, or the operation of playgrounds or neighborhood recreation\\ncenters;\\n (e) any municipal corporation, as defined in the general construction\\nlaw;\\n (f) any not-for-profit organization providing transportation services\\nin rural counties as defined in section seventy-three-c of the\\ntransportation law for children participating in the agricultural child\\ncare program authorized by the agriculture and markets law; and\\n (g) an operator of a coordinated public transportation service, as\\ndefined by section seventy-three-c of the transportation law, for the\\npurpose of providing a portion of a coordinated public transportation\\nservice plan as authorized by article two-F of the transportation law.\\n (h) any not-for-profit organization, community based organization, or\\neducational or employment and training agency which provides education\\nor employment and training services for youths and adults in a rural\\ncounty, as defined by section seventy-three-c of the transportation law.\\n (i) any fire company as defined in subdivision two of section three of\\nthe volunteer firefighters' benefit law, or an ambulance company as\\ndefined in subdivision two of section three of the volunteer ambulance\\nworkers' benefit law.\\n 2. In the event a school district is wholly or partially located in a\\ncounty which has appointed a services coordinator as defined in section\\nseventy-three-c of the transportation law, the board of education of\\nsuch school district is authorized and empowered to contract, for such\\nconsideration as it shall determine, to store, maintain and repair any\\nmotor vehicle of and provide driver training for the operator of any\\nmotor vehicle used to provide a portion of a coordinated public\\ntransportation service as authorized by article two-F of the\\ntransportation law and owned by any municipal corporation as defined by\\nthe general construction law or any not-for-profit incorporated\\norganization providing a portion of a coordinated public transportation\\nservices plan as authorized by article two-F of the transportation law.\\nThe board of education of such school district shall not enter into such\\ncontract until it is determined that it presently has the capability and\\nfacilities necessary for provision of such services and that provision\\nof such services will not adversely affect the ability of the district\\nto provide educational services to the children of such school district.\\n 3. The board of education of any school district is also authorized\\nand empowered to contract with an operator of a coordinated public\\ntransportation service for the purpose of providing any other portion of\\na coordinated public transportation services plan as authorized by\\narticle two-F of the transportation law, provided that such board of\\neducation of such school district has determined that it presently has\\nthe capability and facilities necessary for provision of such services\\nand that provision of such services will not adversely affect the\\nability of the district to provide educational services to the school\\nchildren of such district.\\n 4. In any case where such motor vehicle is leased pursuant to\\nsubdivision one of this section or where any services are contracted for\\npursuant to subdivision two or three of this section, the consideration\\nto be received for such lease or contract shall not be less than the\\nfull amount of the costs and expenses resulting from such lease or\\ncontract.\\n (a) For the purposes of this section, the full amount of the costs and\\nexpenses resulting from any lease of any vehicle pursuant to subdivision\\none of this section shall include but not be limited to the costs of\\noperation, maintenance and repair of such vehicle, the current fair\\nmarket value of the purchase price of the vehicle annualized for the\\nvehicle's remaining useful life, the cost of public liability and\\nproperty damage insurance, fire insurance and compensation insurance of\\ndrivers and the cost of collision insurance in the amount of the value\\nof the vehicle to protect the lessor.\\n (b) For the purposes of this section, the full amount of the costs and\\nexpenses resulting from any contract for services pursuant to\\nsubdivision two or three of this section shall include but not be\\nlimited to that portion of the costs of any employees, equipment or\\nfacilities which can be attributed to the provision of such services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1501-C", "title" : "Voting by residents of certain facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1501-C", "activeDate" : "2014-09-22", "sequenceNo" : 674, "repealedDate" : null, "fromSection" : "1501-C", "toSection" : "1501-C", "text" : " § 1501-c. Voting by residents of certain facilities. Notwithstanding\\nany provision of this title to the contrary, the provisions of section\\n8-407 of the election law shall apply to all elections conducted\\npursuant to this title by a school district. The board of elections of\\nthe city or county in which a school district is located shall provide\\nfor the implementation of the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1502", "title" : "Passengers on school buses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1502", "activeDate" : "2014-09-22", "sequenceNo" : 675, "repealedDate" : null, "fromSection" : "1502", "toSection" : "1502", "text" : " § 1502. Passengers on school buses. 1. Boards of education of school\\ndistricts located entirely or partially in any county with less than two\\nhundred thousand population or any town which has a population of less\\nthan one hundred fifty persons per square mile are hereby authorized to\\npermit the following persons to ride as passengers on school buses with\\npupils: residents who are enrolled in education or training programs,\\nincluding, but not limited to, alternative education programs,\\nvocational, apprenticeship and job training programs, and on-the-job\\ntraining; children under the age of five traveling between home and day\\ncare or preschool programs; and employees of school districts or other\\neducational or training institutions.\\n 2. Notwithstanding any other provisions of law to the contrary, the\\nboard of education of any school district located entirely or partially\\nin any county with less than two hundred thousand population or any town\\nwhich has a population of less than one hundred fifty persons per square\\nmile is hereby authorized and empowered, in order to protect the\\ninterests of pupils, to adopt rules and regulations under which any\\nperson would be permitted to ride as a passenger on any school bus that\\nprovides pupil transportation for such district during the hours such\\nbus is transporting pupils to and from classes providing:\\n a. such person makes application to the school district, in accordance\\nwith the rules and regulations of the district, and such application is\\napproved by the board of education;\\n b. there is regularly sufficient space on such school bus to permit\\nall pupils to be seated while such bus is in operation;\\n c. any amount charged such person does not exceed the cost to the\\ndistrict for transporting a pupil the same distance.\\n 3. Any rules and regulations adopted pursuant to the provisions of\\nthis section may, among other things, establish the maximum number of\\npersons other than pupils that may ride any bus.\\n 4. Any person authorized in subdivision one of this section to ride as\\na passenger on school buses with pupils, may also ride on buses not\\nowned by the school district but used for transportation of pupils\\npursuant to contract, provided the school district and the owner of the\\nbus agree upon any amount to be charged such person. Such agreement may\\ninclude an amount to be paid to the bus owner or school district.\\n 5. In the event any person is authorized to ride on school buses\\npursuant to the provisions of this section, the school district shall\\nmaintain records indicating the number of such trips and any revenues\\ncollected therefrom. Any funds collected for such non-pupil\\ntransportation as authorized by this section shall be credited to an\\naccount so designated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1502-A", "title" : "Power to provide for observance of Memorial day; certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1502-A", "activeDate" : "2014-09-22", "sequenceNo" : 676, "repealedDate" : null, "fromSection" : "1502-A", "toSection" : "1502-A", "text" : " § 1502-a. Power to provide for observance of Memorial day; certain\\ncases. 1. In any year in which the celebration of the holiday known as\\n\"Memorial day\" is to be otherwise observed as a public holiday pursuant\\nto any other provision of the laws of this state on a day which is other\\nthan the day provided by federal law for such observance, the trustees\\nor board of education may by resolution provide that in and for such\\nschool district, such observance shall be had on the day designated for\\nfederal purposes.\\n 2. Upon the adoption of such resolution the day so designated for\\nfederal purposes shall for the purposes of such school district, its\\nfacilities, employees and students be a public holiday and subject to\\nall other provisions of law relating to public holidays and the date\\notherwise provided by state law for the observance of Memorial day shall\\nnot be a public holiday for that year in or for such school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1503", "title" : "Application of funds obtained from sale of school property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1503", "activeDate" : "2014-09-22", "sequenceNo" : 677, "repealedDate" : null, "fromSection" : "1503", "toSection" : "1503", "text" : " § 1503. Application of funds obtained from sale of school property.\\nAll moneys obtained from the sale of any school property authorized\\nunder the provisions of this chapter shall be applied for the benefit of\\nthe district as directed by the voters thereof in any annual or special\\nmeeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1504", "title" : "Formation of new district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1504", "activeDate" : "2014-09-22", "sequenceNo" : 678, "repealedDate" : null, "fromSection" : "1504", "toSection" : "1504", "text" : " § 1504. Formation of new district. 1. A district superintendent may\\norganize a new school district out of the territory of one or more\\nschool districts which are wholly within the geographic area served by\\nhis board of cooperative educational services, whenever the educational\\ninterests of the community require it. If there is an outstanding bonded\\nindebtedness chargeable against the district or districts out of the\\nterritory of which such new district is organized, the district\\nsuperintendent shall apportion said indebtedness between such new\\ndistrict and the remaining portion of the district or districts out of\\nwhich such new district is organized, according to the assessed\\nvaluation thereof, and the portion of the indebtedness so apportioned\\nshall become a charge for principal and interest upon the respective\\ndistricts as though the same had been incurred by said districts\\nseparately.\\n 2. The district superintendents of two or more adjoining supervisory\\ndistricts, when public interests require it, may form a joint school\\ndistrict out of the adjoining portions of their respective districts.\\n 3. Any municipality situated wholly within one central or union free\\nschool district but whose boundaries are not coterminous with the\\nboundaries of such school district may organize, pursuant to the\\nprovisions of this subdivision, a new union free school district\\nconsisting of the entire territory of such municipality whenever\\nrequired by the educational interests of the community.\\n a. No such new school district may be organized unless: (i) the\\nenrollment of the municipality seeking to organize such new school\\ndistrict equals at least two thousand children, and is no greater than\\nsixty percent of the enrollment of the existing school district from\\nwhich such new school district will be organized; (ii) such new school\\ndistrict would have an actual valuation per total wealth pupil unit at\\nleast equal to the statewide average; and (iii) the enrollment of the\\nexisting school district from which such new school district will be\\norganized equals at least two thousand children, excluding the residents\\nof such municipality.\\n b. No such new school district shall be organized unless the creation\\nof such new school district first shall have been approved by: (i) a\\nmajority vote of the residents of a municipality seeking to organize\\nsuch new school district, provided that a vote of such residents shall\\nnot be required if creation of the new school district has been approved\\nby a vote of at least two-thirds of the members of the local governing\\nbody of the municipality of such municipality (ii) a majority vote of\\nthe trustees or members of the boards of education of the existing\\nschool district from which such new school district will be organized;\\nand (iii) a majority vote of the residents of such existing school\\ndistrict, except that the residents of the municipality seeking to\\norganize the new school district shall not be entitled to participate in\\nsuch vote. Notwithstanding any provision of law to the contrary, a vote\\nof the residents of an existing school district shall not be required if\\nthe creation of the new school district has been approved by a vote of\\nat least two-thirds of the trustees or members of the board of education\\nof such existing school district.\\n c. If a vote of the residents of a municipality is required, it shall\\nbe the duty of the chief executive officer of the municipality seeking\\nto organize a new school district, pursuant to a resolution duly adopted\\nby the governing body of such municipality that the educational\\ninterests of the community require the creation of a new school\\ndistrict, to give public notice that a meeting of the qualified electors\\nof such municipality will be held at some convenient place within such\\nmunicipality to vote upon the question of creating such new school\\ndistrict and to elect members of the board of education of such new\\nschool district. Such notice shall specify the day, hour and place where\\nsuch meeting shall be held, which shall be not less than ten nor more\\nthan thirty days after the posting or publication of such notice. Such\\nnotice shall be published at least once before such meeting in a\\nnewspaper circulated in such municipality, and in the event no newspaper\\nis circulated in such municipality, such notice shall be posted at least\\nten days prior to such meeting in at least five conspicuous places in\\nsuch municipality.\\n d. If a vote of the residents of the existing school district (other\\nthan the residents of the municipality seeking to organize the new\\nschool district) is required, it shall be the duty of the trustees or\\nboard of education of such existing school district to give public\\nnotice that a meeting of the qualified electors of such district will be\\nheld to vote upon the question of creating such new school district.\\nSuch notice shall specify the day, hour and place where such meeting\\nshall be held, which shall be not less than ten nor more than thirty\\ndays after the posting or publication of such notice. Such notice shall\\nbe published at least once before such meeting in a newspaper circulated\\nin such district, and in the event no newspaper is circulated in such\\ndistrict, such notice shall be posted at least ten days prior to such\\nmeeting in at least five conspicuous places in such district. Such\\nmeeting shall be held in accordance with the procedures of section one\\nthousand five hundred twenty-three of this article.\\n e. The clerk of the existing school district immediately shall file\\nwith the district superintendent a certification of the vote of the\\nmembers of the board of education or board of trustees of the existing\\nschool district and, if applicable, a certification of the vote of the\\nresidents of such existing school district (other than the residents of\\nthe municipality seeking to organize the new school district) and/or a\\ncertification of the vote of the residents of such municipality. The\\nnew union free school district consisting of the entire territory of\\nsuch municipality shall be deemed created immediately upon the filing of\\nsuch certifications, and the district superintendent immediately shall\\nissue an order altering the boundaries of the existing school district\\naccordingly, and shall file such order in accordance with section one\\nthousand five hundred six of this article.\\n f. If there is an outstanding bonded indebtedness chargeable against\\nthe existing school district out of the territory of which such new\\ndistrict is organized, the district superintendent shall apportion said\\nindebtedness between such new district and the remaining portion of the\\ndistrict out of which such new district is organized, according to the\\nassessed valuation thereof, and the portion of the indebtedness so\\napportioned shall become a charge for principal and interest upon the\\nrespective districts as though the same had been incurred by said\\ndistricts separately.\\n g. For the purposes of this subdivision, the term \"municipality\" shall\\nmean a city, town or village, and the terms \"enrollment,\" and \"actual\\nvaluation\" and \"total wealth pupil unit\" shall have the same meaning as\\nthose terms are defined in section three thousand six hundred two of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1505", "title" : "Dissolution, reformation and construction of districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1505", "activeDate" : "2014-09-22", "sequenceNo" : 679, "repealedDate" : null, "fromSection" : "1505", "toSection" : "1505", "text" : " § 1505. Dissolution, reformation and construction of districts. 1.\\nAny district superintendent by order may dissolve one or more districts\\nand may from such territory form a new district. He may also unite such\\nterritory or a portion thereof, by order, to any adjoining school\\ndistrict including a union free school district having a population of\\nforty-five hundred or more and employing a superintendent of schools but\\nexcepting a city school district. He shall file such order with the\\nclerks of the school districts affected and also with the town clerks of\\nthe towns in which the districts are located, and a copy with the\\ncommissioner of education. Such order shall designate the date upon\\nwhich it shall take effect, which shall be not less than ninety days\\nafter the date of filing. If such action is to affect a district or\\ndistricts within the territory of more than one superintendent, it shall\\nbe taken by a majority of them, at a meeting duly called by one or more\\nof them.\\n 2. Within thirty days after the filing of the order any district\\naffected thereby may at a meeting duly called, by a majority vote of the\\nlegally qualified voters thereof present and voting at such meeting,\\npresent to the county judge of the county in which the district is\\nlocated, a statement in writing that such district objects to the order\\nand requests the appointment of a committee as provided in this section.\\nSuch judge, within ten days after the filing of such statement and\\nrequest, shall appoint a committee of three disinterested persons,\\nresidents of the county or counties in which the districts affected are\\nlocated but nonresidents of such school districts, at least two of whom\\nshall reside outside of an incorporated village or village district, and\\nshall designate one of such committee to act as chairman thereof, and\\nshall, at the time of the appointment, file with such chairman such\\nstatement and request and a certificate of such appointments and\\ndesignation. Within thirty days after the receipt of such papers by the\\nchairman, such committee shall call a hearing and decide the matter, and\\nthe decision shall be final unless duly appealed from as hereinafter\\nprovided. Such decision shall either affirm, vacate or modify the order\\nof the district superintendent or superintendents, and, together with\\nthe papers and evidence in the matter, shall be filed with the\\ncommissioner of education by the chairman of such committee. Such\\ncommittee also shall file a copy of its decision with the clerks of the\\nschool districts affected, and also with the town clerks of the towns in\\nwhich the districts are located and with the district superintendent or\\nsuperintendents who made the original order. In the event that such\\ncommittee does not make and file its decision as hereinbefore provided,\\nthen the order of the district superintendent or superintendents shall\\nbecome effective in accordance with its terms, and the members of such\\ncommittee shall not be entitled to receive their fees as hereinafter\\nprovided. The members of such committee shall each be entitled to ten\\ndollars for each day actually and necessarily spent in the business of\\nthe committee, and the amount thereof shall be a charge upon the school\\ndistricts affected, in proportion to the actual valuation of such\\ndistricts. Within twenty days from the making and filing of such\\ndecision, any district affected may at a meeting duly called, by a\\nmajority vote of the legally qualified voters thereof present and\\nvoting, appeal to the commissioner of education as provided in article\\nseven of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1505-A", "title" : "Teachers' rights as a result of the dissolution of a school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1505-A", "activeDate" : "2014-09-22", "sequenceNo" : 680, "repealedDate" : null, "fromSection" : "1505-A", "toSection" : "1505-A", "text" : " § 1505-a. Teachers' rights as a result of the dissolution of a school\\ndistrict. 1. In any case in which a school district is dissolved and\\nportions of such former district are added to more than one school\\ndistrict pursuant to the provisions of section fifteen hundred five of\\nthis article or section seventeen hundred five of this chapter, each\\nteacher employed in such former school district at the time of such\\ndissolution shall select the particular school district to which\\nterritory is added in which he or she shall be considered an employee,\\nwith the same tenure status he or she maintained in such former school\\ndistrict. Such selection of the particular school district to which\\nterritory is added by such teacher shall be based upon each teacher's\\nseniority in such former school district, with the right of selection\\npassing from such teachers with the most seniority to such teachers with\\nleast seniority.\\n 2. Any such teacher who is unable to obtain a teaching position in any\\nsuch school district to which territory is added, because the number of\\npositions needed are less than the number of teachers eligible to be\\nconsidered employees pursuant to subdivision one of this section, shall,\\nin all such school districts to which territory is added, be placed on a\\npreferred eligible list of candidates for appointment to a vacancy that\\nmay thereafter occur in a position similar to the one such teacher\\nfilled in such former school district. The teachers on such a preferred\\neligible list shall be appointed to such vacancies in such corresponding\\nor similar positions under the jurisdiction of the school district to\\nwhich territory is added in the order of their length of service in such\\nformer school district, within seven years from the date of the\\ndissolution of such former school district.\\n 3. For any such teacher as set forth in subdivision one of this\\nsection, for salary, sick leave and any other purpose, the length of\\nservice credited in such former school district shall be credited as\\nemployment time with such school district to which territory is added.\\n 4. This section shall in no way be construed to limit the rights of\\nany such teachers set forth in this section granted by any other\\nprovision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1506", "title" : "Filing of certain orders of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1506", "activeDate" : "2014-09-22", "sequenceNo" : 681, "repealedDate" : null, "fromSection" : "1506", "toSection" : "1506", "text" : " § 1506. Filing of certain orders of district superintendent. The\\norder of a district superintendent forming or altering the boundaries of\\na school district and the written description thereof together with all\\nnotices, orders, consents and proceedings relating to the formation or\\nalteration thereof shall be filed with the commissioner, with the clerk\\nof each school district affected, and with the town clerk of the town\\nin which such district is located; provided, however, that orders\\naltering boundaries of school districts shall be filed with the clerk of\\nonly the town in which the property being transferred is located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1507", "title" : "Alteration by consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1507", "activeDate" : "2014-09-22", "sequenceNo" : 682, "repealedDate" : null, "fromSection" : "1507", "toSection" : "1507", "text" : " § 1507. Alteration by consent. 1. With the written consent of the\\ntrustees of all the districts to be affected thereby, the district\\nsuperintendent may make an order altering the boundaries of any school\\ndistrict within his jurisdiction, and fix in such order a day when the\\nalteration shall take effect.\\n 2. With the written consent of the board of education of a union free\\nschool district having a population of forty-five hundred or more, and\\nemploying a superintendent of schools, and the written consent of the\\nboard of education or trustees of a district in a supervisory district\\nadjoining such union free school district, the district superintendent\\nhaving jurisdiction may make an order altering the boundaries of such\\ndistricts, and fix in such order a day when the alteration shall take\\neffect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1508", "title" : "Alteration without consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1508", "activeDate" : "2014-09-22", "sequenceNo" : 683, "repealedDate" : null, "fromSection" : "1508", "toSection" : "1508", "text" : " § 1508. Alteration without consent. If the trustees of any district\\naffected thereby refuse to consent, the district superintendent may make\\nand file with the town clerk of the town in which the property being\\ntransferred is located his order making the alteration, but reciting the\\nrefusal, and directing that the order shall not take effect until a day\\ntherein to be named, and not less than three months after the date of\\nsuch order.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1509", "title" : "Hearing of objections to order for alteration without consent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1509", "activeDate" : "2014-09-22", "sequenceNo" : 684, "repealedDate" : null, "fromSection" : "1509", "toSection" : "1509", "text" : " § 1509. Hearing of objections to order for alteration without consent.\\n1. Within ten days after making and filing such order the district\\nsuperintendent shall give at least a week's notice in writing to the\\ntrustees of all districts affected by the proposed alterations, that at\\na specified time, and at a named place within the town in which one of\\nthe districts to be affected lies, he will hear the objections to the\\nalteration.\\n 2. The trustees of any district to be affected by such order may\\nrequest the supervisor and town clerk of each of the towns, within which\\nsuch districts shall wholly or partly lie, to join with the district\\nsuperintendent as a local board.\\n 3. At the time and place mentioned in the notice, such superintendent,\\nwith the supervisors and town clerks, if they shall attend and act,\\nshall hear and decide the matter, and the decision shall be final unless\\nduly appealed from. Such decision must either affirm or vacate such\\norder, and must be filed with and recorded by the town clerk of the town\\nin which the property to be transferred shall lie, and a tie vote shall\\nbe regarded a decision for the purposes of an appeal on the merits.\\nUpon such appeal the commissioner of education may affirm, modify or\\nvacate the order of the district superintendent or the action of the\\nlocal board.\\n 4. A supervisor and town clerk shall be entitled each to one dollar\\nand fifty cents a day for each day's service in any proceeding under\\nthis section, to be levied and paid as a charge upon their town.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1510", "title" : "Consolidation of districts by vote of qualified electors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1510", "activeDate" : "2014-09-22", "sequenceNo" : 685, "repealedDate" : null, "fromSection" : "1510", "toSection" : "1510", "text" : " § 1510. Consolidation of districts by vote of qualified electors. Two\\nor more common school districts may be consolidated and created as one\\ncommon school district, or two or more union free school districts may\\nbe consolidated and created as one union free school district, or one or\\nmore common school districts may be consolidated with one or more union\\nfree school districts and created as a union free school district, by a\\nvote of the qualified electors thereof as provided in sections fifteen\\nhundred eleven, fifteen hundred twelve and fifteen hundred thirteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1511", "title" : "Request for meeting to consolidate districts; notices of meeting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1511", "activeDate" : "2014-09-22", "sequenceNo" : 686, "repealedDate" : null, "fromSection" : "1511", "toSection" : "1511", "text" : " § 1511. Request for meeting to consolidate districts; notices of\\nmeeting. 1. Whenever two-thirds of the qualified electors of each of\\ntwo or more districts in which there shall be less than fifteen\\nqualified electors, or if there be fifteen or more qualified electors in\\nany of such districts whenever ten or more of such electors, shall sign\\na request for a meeting to be held for the purpose of determining\\nwhether such districts shall be consolidated as a common school district\\nor as a union free school district, as the case may be, and submit the\\nsame to the trustees or board of education of each of such districts, it\\nshall be the duty of such trustees or board of education to submit such\\nproposed consolidation to the commissioner of education for approval. If\\nthe commissioner approve such proposed consolidation, it shall be the\\nduty of such trustees or board of education to give public notice that a\\nmeeting of the qualified electors of such districts will be held at some\\nconvenient place within such districts, as centrally located as may be,\\nto vote upon the question of consolidating such districts. Such notice\\nshall specify the day and hour when such meeting shall be held, not less\\nthan twenty nor more than thirty days after the posting, service or\\npublication of such notice. If the trustees or board of education shall\\nrefuse or neglect to give such notice within twenty days after such\\nrequest is approved by the commissioner of education, the commissioner\\nof education may authorize and direct any qualified elector of the\\ndistrict to give such notice.\\n 2. If any part of any of such districts is situated wholly or partly\\nwithin an incorporated village in which one or more newspapers are\\npublished, such notice shall be published once in each week for three\\nconsecutive weeks before such meeting in all the newspapers published in\\nsuch village, and shall also be posted at least twenty days prior to\\nsuch meeting, in at least five conspicuous places in each district. In\\nall other districts such notice shall be published once in each week for\\nthree consecutive weeks before such meeting, in a newspaper circulated\\nin said districts, and in the event no newspaper is circulated in said\\ndistricts, such notice may be given by publication thereof in a\\nnewspaper circularized and generally distributed through the district or\\ndistricts involved, and it shall be also posted at least twenty days\\nprior to such meeting in at least five conspicuous places in each\\ndistrict. In districts which by the latest census are shown to have a\\npopulation of two hundred or less, the trustees or board of education of\\nsaid districts may dispense with publication and posting as hereinabove\\nrequired, and in the event that such publication and posting are\\ndispensed with, said trustees or board of education of each of said\\ndistricts shall authorize and direct a qualified elector thereof to\\nnotify each qualified elector of such district of said meeting by\\ndelivering to him a copy of such notice, or in case of his absence from\\nhome, by leaving a copy thereof, or so much thereof as relates to the\\ntime, place and object of the meeting, at the place of his abode, at\\nleast twenty days prior to the time of such meeting.\\n 3. The reasonable expense of the publication and service of such\\nnotice shall be chargeable upon the districts, if the vote be in favor\\nof consolidation, and if not, shall be paid by the persons signing the\\nrequest for such meeting as provided by section fifteen hundred\\ntwenty-two.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1512", "title" : "Proceedings at meeting for consolidation; adoption of resolution; proceedings to be filed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "1512", "activeDate" : "2014-09-22", "sequenceNo" : 687, "repealedDate" : null, "fromSection" : "1512", "toSection" : "1512", "text" : " § 1512. Proceedings at meeting for consolidation; adoption of\\nresolution; proceedings to be filed. 1. Such meeting shall be organized\\nas provided in section fifteen hundred twenty-three. Such meeting may\\nadopt a resolution to consolidate such districts if two-thirds of the\\nqualified electors of each district having less than fifteen of such\\nelectors are present, or in case of districts having fifteen or more\\nqualified electors if ten or more are present. The vote upon such\\nresolution shall be by ballot or by taking and recording the ayes and\\nnoes. If the vote shall be by taking and recording the ayes and noes,\\nthe clerk and such assistants as may be provided for him by the meeting\\nshall keep a poll-list upon which shall be recorded the names of all\\nqualified electors voting upon the resolution, the districts in which\\nsuch electors reside, and how each elector voted. If the vote shall be\\nby ballot, one or more inspectors of election shall be appointed in such\\nmanner as the meeting shall determine, who shall receive the votes cast,\\ncanvass the same and announce the result of the ballot to the chairman.\\nIf the vote shall be by ballot then voting machines may be used in the\\nmanner prescribed by section two thousand thirty-five of this chapter\\nand provision shall be made for absentee ballots as provided in section\\ntwo thousand eighteen-a or two thousand eighteen-b of this chapter. If\\nit shall appear that a majority of the qualified electors present and\\nvoting from each district are in favor of such resolution, it shall be\\ndeclared adopted and where at least one of the districts consolidated is\\na union free school district it shall be lawful for such meeting\\nthereafter to proceed to the election of a board of education as\\nprovided in sections seventeen hundred two and seventeen hundred four of\\nthis chapter. If a majority of the qualified electors present and\\nvoting from each district are not in favor of such resolution, all\\nfurther proceedings at such meeting, except a motion to reconsider or\\nadjourn, shall be dispensed with and no such meeting shall be again\\ncalled within one year thereafter.\\n 2. Copies of such request, notice of meeting, order of the\\ncommissioner of education directing a qualified elector to call such\\nmeeting, if any, and the minutes of the meeting, including the record of\\nthe vote upon the resolution and where at least one of the districts\\nconsolidated is a union free school district if such resolution be\\nadopted a record of the declaration of the election of a board of\\neducation, duly certified by the chairman and clerk, shall be\\ntransmitted by either the chairman or clerk, one to the commissioner of\\neducation, and one to the district superintendent of schools in whose\\njurisdiction such districts are located.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1513", "title" : "Order creating consolidated district; effect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1513", "activeDate" : "2014-09-22", "sequenceNo" : 688, "repealedDate" : null, "fromSection" : "1513", "toSection" : "1513", "text" : " § 1513. Order creating consolidated district; effect. The district\\nsuperintendent shall thereupon, in case of an affirmative vote, issue an\\norder consolidating such districts and creating a common school\\ndistrict, or union free school district, as the case may be, designating\\nsuch district by a simplified name in accordance with section three\\nhundred fifteen of this chapter. Such order shall take effect at some\\ndate to be specified therein, not more than three months after the date\\nof the meeting. He shall file such order in the town clerk's office of\\nthe town in which such districts are located. If such districts are\\nlocated in two or more supervisory districts, such order shall be\\nexecuted jointly by the district superintendents of such districts.\\nSuch order shall have the same effect as an order executed by a district\\nsuperintendent dissolving two or more common school districts and\\nforming a new district therefrom, or dissolving one or more of such\\ndistricts and uniting the territory thereof to a union free school\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1514", "title" : "Property of districts consolidated", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1514", "activeDate" : "2014-09-22", "sequenceNo" : 689, "repealedDate" : null, "fromSection" : "1514", "toSection" : "1514", "text" : " § 1514. Property of districts consolidated. When two or more\\ndistricts shall be consolidated into one, the new district shall succeed\\nto all the rights of property possessed by the annulled districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1515", "title" : "Dissolution or alteration of joint district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1515", "activeDate" : "2014-09-22", "sequenceNo" : 690, "repealedDate" : null, "fromSection" : "1515", "toSection" : "1515", "text" : " § 1515. Dissolution or alteration of joint district. The majority of\\nthe district superintendents within whose districts any joint school\\ndistrict lies may make an order at a meeting duly called by one of such\\nsuperintendents altering or dissolving such district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1516", "title" : "Special meeting of joint district to act regarding alteration or dissolution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1516", "activeDate" : "2014-09-22", "sequenceNo" : 691, "repealedDate" : null, "fromSection" : "1516", "toSection" : "1516", "text" : " § 1516. Special meeting of joint district to act regarding alteration\\nor dissolution. 1. If a district superintendent, by notice in writing,\\nshall require the attendance of the other district superintendents, at a\\njoint meeting for the purpose of altering or dissolving a joint\\ndistrict, and a majority of all the superintendents shall refuse or\\nneglect to attend, such superintendents attending, or any one of them,\\nmay call a special meeting of such school district for the purpose of\\ndeciding whether such district shall be altered or dissolved.\\n 2. If such special meeting shall vote to alter or dissolve the\\ndistrict, the district superintendent or superintendents who called such\\nmeeting may make an order altering or dissolving the district and shall\\nrecite in such order the refusal or neglect of the other district\\nsuperintendents, his call of the special meeting and the action taken at\\nsuch meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1517", "title" : "Indebtedness of certain dissolved districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1517", "activeDate" : "2014-09-22", "sequenceNo" : 692, "repealedDate" : null, "fromSection" : "1517", "toSection" : "1517", "text" : " § 1517. Indebtedness of certain dissolved districts. Whenever any\\nschool district is dissolved pursuant to the provisions of section\\nfifteen hundred five of this article and annexed to an adjoining\\ndistrict or adjoining districts or consolidated as provided in section\\nfifteen hundred twelve, the indebtedness of any such district evidenced\\nby bonds or notes or relating to school building construction shall\\nthereupon become a charge upon the enlarged district formed by such\\nannexation or consolidation. The board of education or trustees of such\\nenlarged district shall raise by tax an amount sufficient to pay any\\nsuch indebtedness of such district as the same shall become due.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1518", "title" : "Continuance of dissolved districts for payment of debts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1518", "activeDate" : "2014-09-22", "sequenceNo" : 693, "repealedDate" : null, "fromSection" : "1518", "toSection" : "1518", "text" : " § 1518. Continuance of dissolved districts for payment of debts.\\nThough a district be dissolved, it shall continue to exist in law, for\\nthe purpose of providing for and paying all its just debts, except as\\nprovided in section fifteen hundred seventeen; and to that end the\\ntrustees and other officers shall continue in office, and the\\ninhabitants may hold special meetings, elect officers to supply\\nvacancies and vote taxes; and all other acts necessary to raise money\\nand pay such debts shall be done by the inhabitants and officers of the\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1519", "title" : "Deposit of records of dissolved district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1519", "activeDate" : "2014-09-22", "sequenceNo" : 694, "repealedDate" : null, "fromSection" : "1519", "toSection" : "1519", "text" : " § 1519. Deposit of records of dissolved district. In the event that a\\nschool district shall be dissolved, the clerk of the district, or any\\nperson in whose possession the books, papers and records of the\\ndistrict, or any of them, may be, shall deposit the same with the clerk\\nof the successor school district, and such records shall thereafter be\\nconsidered to be the records of the successor school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1520", "title" : "Sale of property of dissolved district and disposition of proceeds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1520", "activeDate" : "2014-09-22", "sequenceNo" : 695, "repealedDate" : null, "fromSection" : "1520", "toSection" : "1520", "text" : " § 1520. Sale of property of dissolved district and disposition of\\nproceeds. 1. When a district is divided into portions, which are\\nannexed to other districts, its property shall be sold by the supervisor\\nof the town or towns, within which its schoolhouse is situated, at\\npublic auction after at least five days' notice.\\n 2. Such notice shall be given by posting the same in three or more\\npublic places of the town or towns in which the schoolhouse is situated\\nand in one conspicuous place in the district so dissolved.\\n 3. The supervisor, after deducting the expenses of the sale, shall\\napply its proceeds to the payment of the debts of the district, and\\napportion the residue, if any, among the owners or possessors of taxable\\nproperty in the district, in the ratio of their several assessments on\\nthe last corrected assessment-roll of the towns, and pay it over\\naccordingly.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1521", "title" : "Collection and distribution of moneys due dissolved district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1521", "activeDate" : "2014-09-22", "sequenceNo" : 696, "repealedDate" : null, "fromSection" : "1521", "toSection" : "1521", "text" : " § 1521. Collection and distribution of moneys due dissolved district.\\nThe supervisor of the town or towns within which the schoolhouse of the\\ndissolved district was situated may demand, sue for and collect, in the\\nname of his office, any money of the district outstanding in the hands\\nof any of its former officers, or any other person; and, after deducting\\nhis costs and expenses, shall report the balance to the district\\nsuperintendent who shall apportion the same equitably among the\\ndistricts to which the parts of the dissolved district were annexed, to\\nbe by them applied as their district meeting shall determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1522", "title" : "Notice of meeting for establishment of union free school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "1522", "activeDate" : "2014-09-22", "sequenceNo" : 697, "repealedDate" : null, "fromSection" : "1522", "toSection" : "1522", "text" : " § 1522. Notice of meeting for establishment of union free school\\ndistrict. 1. Whenever fifteen persons entitled to vote at any meeting of\\nthe inhabitants of any common school district in this state, shall sign\\na request for a meeting, to be held for the purpose of determining\\nwhether a union free school district shall be established therein in\\nconformity with the provisions of this article, it shall be the duty of\\nthe trustees of such district, within ten days after such request shall\\nhave been presented to them, to give public notice that a meeting of the\\ninhabitants of such district entitled to vote thereat will be held for\\nsuch purpose as aforesaid, at the schoolhouse, or other more suitable\\nplace in such district, on a day and at an hour to be specified in such\\nnotice not less than twenty nor more than thirty days after the\\npublication of such notice.\\n 2. If the trustees shall refuse to give such notice, or shall neglect\\nto give the same for twenty days, the commissioner of education may\\nauthorize and direct any inhabitant of such district to give the same.\\n 3. Whenever such district shall correspond wholly or in part with an\\nincorporated village, in which there shall be published a daily or\\nweekly newspaper, the notice required in this section shall be given by\\nposting the same in five conspicuous places in said district, at least\\ntwenty days prior to such meeting, and by causing the same to be\\npublished once a week for three consecutive weeks before such meeting,\\nin all the newspapers published in said district.\\n 4. In other such districts the said notice shall be given by posting\\nthe same as aforesaid, and in addition thereto, the trustees of such\\ndistrict shall authorize and require any taxable inhabitant thereof to\\nnotify every other qualified voter in such district of such meeting by\\ndelivering to him a copy of such notice or in case of his absence from\\nhome, by leaving a copy thereof, or so much thereof as relates to the\\ntime, place and object of the meeting, at the place of his abode at\\nleast twenty days prior to the time of such meeting.\\n 5. Whenever fifteen persons, entitled as aforesaid, from each of two\\nor more adjoining districts, shall unite in a request for a meeting of\\nthe inhabitants of such districts, to determine whether such districts\\nshall be consolidated by the establishment of a union free school\\ndistrict therein, it shall be the duty of the trustees of such\\ndistricts, or a majority of them, to submit such proposed consolidation\\nto the commissioner of education for approval. If the commissioner\\napprove such proposed consolidation, it shall be the duty of such\\ntrustees, or a majority of them, to give public notice of such meeting,\\nat some convenient place within such districts, and as central as may\\nbe, within the time and to be published and served in the manner set\\nforth in this section, in each of such districts and to provide for the\\nuse of absentee ballots as provided under section two thousand\\neighteen-a or two thousand eighteen-b of this chapter, whichever shall\\napply.\\n 6. The commissioner of education may order such meeting under the\\nconditions and in the manner prescribed in this section.\\n 7. The reasonable expense of the publication and service of such\\nnotice shall be chargeable upon the district, in case a union free\\nschool district is established by the meeting so convened, to be levied\\nand collected by the trustees, as in case of taxes levied for school\\npurposes; but in the event that such union free school district shall\\nnot be established, then the said expense shall be chargeable upon the\\ninhabitants signing the request, jointly and severally, to be sued for,\\nif necessary, in any court having jurisdiction of the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1523", "title" : "Proceedings at meeting and effect of affirmative vote", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1523", "activeDate" : "2014-09-22", "sequenceNo" : 698, "repealedDate" : null, "fromSection" : "1523", "toSection" : "1523", "text" : " § 1523. Proceedings at meeting and effect of affirmative vote. 1.\\nAny such meeting held pursuant to section fifteen hundred twenty-two\\nshall be organized by the election of a chairman and clerk and may be\\nadjourned from time to time, by a majority vote, provided that such\\nadjournment shall not be for a longer period than ten days; and whenever\\nat any such meeting duly called and held under the provisions of\\nsubdivisions one to four, inclusive, of section fifteen hundred\\ntwenty-two, at least fifteen qualified voters of the districts shall be\\npresent; or at such meeting duly called and held under the provisions of\\nsubdivisions five and six of section fifteen hundred twenty-two, at\\nleast fifteen qualified voters of each of the two or more adjoining\\ndistricts, joining in the request, shall be present, such meeting may,\\nby the affirmative vote of a majority present and voting, adopt a\\nresolution to establish a union free school district in said district,\\nor to consolidate the two or more adjoining districts by establishing a\\nunion free school district in said districts pursuant to the notice of\\nsaid meeting. If said meeting shall determine to establish a union free\\nschool district in said districts as aforesaid, it shall be lawful for\\nsuch meeting thereafter to proceed to the election of a board of\\neducation as provided in sections seventeen hundred two and seventeen\\nhundred four of this chapter.\\n 2. The district superintendent in whose district the union free school\\ndistrict is thus organized shall designate such district by a simplified\\nname in accordance with section three hundred fifteen of this chapter\\nand the said board shall have the name and style of the board of\\neducation of (adding the designation aforesaid).\\n 3. Copies of said request, notice of meeting, order of the\\ncommissioner of education directing some inhabitant to call said\\nmeeting, if any, and minutes of said meeting, duly certified by the\\nchairman and clerk thereof, shall be transmitted and deposited,\\nimmediately after such meeting by one of such officers, one to and with\\nthe town clerk, one to and with the district superintendent in whose\\njurisdiction said districts are located, and one to and with the\\ncommissioner of education.\\n 4. If at any such meeting, the question as to the establishment of a\\nunion free school district shall not be decided in the affirmative, as\\naforesaid, then all further proceedings at such meeting, except a motion\\nto reconsider or adjourn, shall be dispensed with, and no such meeting\\nshall be again called within one year thereafter.\\n 5. When any such meeting shall have established a union free school\\ndistrict in said districts, such union free school district shall not be\\ndissolved within the period of one year from the first Tuesday of August\\nnext after such meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1524", "title" : "Consolidation with city school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "1524", "activeDate" : "2014-09-22", "sequenceNo" : 699, "repealedDate" : null, "fromSection" : "1524", "toSection" : "1524", "text" : " § 1524. Consolidation with city school district. 1. Notwithstanding\\nthe provisions of this chapter or any other general, special, or local\\nlaw to the contrary, whenever the qualified voters of a school district\\nwhich is contiguous to the city school district of a city with less than\\none hundred twenty-five thousand inhabitants, according to the latest\\nfederal census, by a majority vote taken at an annual or special meeting\\nof such district shall adopt a proposition to consolidate such school\\ndistrict with such city school district, and the board of education of\\nsuch city school district shall by resolution duly adopted consent\\nthereto, the commissioner of education may by order consolidate such\\nschool district with such city school district; provided, however, that\\nwhere several school districts are contiguous to each other and at least\\none of such school districts is contiguous to such city school district,\\nsuch vote may be taken in each of such school districts at the same\\ntime, and if the proposition to consolidate is adopted by a majority\\nvote in each such district, including any votes cast by absentee ballot\\nas provided under section two thousand eighteen-a or two thousand\\neighteen-b of this chapter, whichever shall apply, and upon the consent\\nof the city school district board of education, the commissioner of\\neducation may include each such district in one order of consolidation;\\nprovided, further, however, that if the proposition to consolidate is\\nnot adopted by a majority vote in each such district, but is so adopted\\nin one or more of such districts, upon the consent of the city school\\ndistrict board of education, the commissioner may include in one order\\nof consolidation only such district or districts as, either singly or as\\na group, are contiguous to such city school district. Such order shall\\nspecify a date on which the same shall take effect, and shall have the\\nsame effect as an order made by a district superintendent dissolving two\\nor more common school districts and forming a new district therefrom, or\\ndissolving one or more common school districts and uniting the territory\\nthereof to a union free school district under the provisions of article\\nthirty-one of this chapter. A copy of such order shall be filed with\\nthe clerk of each school district affected thereby.\\n 2. Unless the effective date of such order of consolidation shall\\ncoincide with the beginning of the fiscal year of the city school\\ndistrict, the board of education of the city school district upon the\\neffective date of the order of consolidation, shall levy a tax upon the\\narea so consolidated with the city school district, to defray the\\nexpenses of educating the pupils of such area from the effective date of\\nthe consolidation to the beginning of the next ensuing fiscal year of\\nthe city school district. For this purpose, the school tax rate used\\nfor the fiscal year of the city school district in progress on the\\neffective date of such order shall be used, except that such rate shall\\nbe divided by twelve and multiplied by the number of months intervening\\nbetween the effective date of such order and the beginning of the next\\nensuing fiscal year of the city school district. The tax list for this\\npurpose shall be prepared and confirmed within thirty days after the\\neffective date of such consolidation.\\n 3. In any city school district with which one or more school\\ndistricts shall have been consolidated under the provisions of this\\nsection, the proper equalization rate shall be fixed and determined\\nannually pursuant to the provisions of section thirty-five hundred five\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1525", "title" : "Alteration of boundaries of city school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1525", "activeDate" : "2014-09-22", "sequenceNo" : 700, "repealedDate" : null, "fromSection" : "1525", "toSection" : "1525", "text" : " § 1525. Alteration of boundaries of city school district.\\nNotwithstanding the provisions of this chapter or any other general,\\nspecial, or local law to the contrary, whenever the commissioner of\\neducation shall receive an application for an alteration of the\\nboundaries of a city school district of a city with less than one\\nhundred twenty-five thousand inhabitants, and the board of education of\\nsuch city school district and the boards of education or trustees of all\\nother districts to be affected by such alteration shall consent thereto\\nin writing, the commissioner of education may make an order altering the\\nboundaries of such city school district, and fix in such order a day\\nwhen the alteration shall take effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1526", "title" : "Enlarged city school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1526", "activeDate" : "2014-09-22", "sequenceNo" : 701, "repealedDate" : null, "fromSection" : "1526", "toSection" : "1526", "text" : " § 1526. Enlarged city school districts. 1. The commissioner of\\neducation is hereby authorized and empowered to create enlarged city\\nschool districts by consolidation of city school districts of cities of\\nless than one hundred twenty-five thousand inhabitants with such area or\\nareas contiguous to such city school districts as, in his discretion,\\nare suitable for the establishment of enlarged city school systems, and\\nto fix, determine and define the boundaries of such enlarged districts\\nas provided in this section.\\n 2. The commissioner is hereby authorized and empowered to make and\\nenter in his office orders laying out such area or areas contiguous to a\\ncity school district of a city of less than one hundred twenty-five\\nthousand inhabitants, provided, however, that no school district which\\nhas an outstanding bonded indebtedness shall be divided by such order in\\nsuch manner that only a part of such district is included in such an\\narea.\\n 3. Within ten days after the making and entry of an order pursuant to\\nthis section, the commissioner shall transmit a certified copy thereof\\nto the board of education of the city school district and the clerk, or\\nin the event there is no clerk, to the trustee or trustees of each\\nschool district wholly or partly included in such area or areas. Such\\nclerk, trustee or trustees, as the case may be, shall, within five days\\nafter receipt of such order, post a copy thereof in five conspicuous\\nplaces in such district.\\n 4. No such area or areas laid out by order of the commissioner shall\\nbe consolidated with such city school district until a majority of the\\nqualified voters of such area or areas have adopted a proposition to\\nconsolidate such area or areas with the city school district, as\\nprovided in this section, and until the board of education of the city\\nschool district has consented to such consolidation by resolution duly\\nadopted and has transmitted a certified copy of such resolution to the\\ncommissioner.\\n 5. When the order laying out such area or areas has been made and\\nentered as provided in this section, a petition may be presented by\\npersons qualified to vote at school meetings, asking for the\\nestablishment of an enlarged city school district by the consolidation\\nof such area or areas with the city school district. Such petition shall\\nbe signed by a number of qualified voters equal to at least ten per\\ncentum of the children in the area or areas according to the latest\\nschool census for the area or areas laid out by the commissioner. Such\\npetition shall be filed with the commissioner and shall request that an\\nelection of the qualified voters within such area or areas be called for\\nthe purpose of determining whether or not such area or areas shall be\\nconsolidated with the city school district. If the commissioner is\\nsatisfied that the petition has been duly signed as provided in this\\nsection, he shall fix a time and place or places for an election of the\\nqualified voters within each such area, which election shall be held not\\nmore than thirty days after the filing of such petition.\\n 6. The commissioner of education shall divide the area into a school\\nelection district or districts. The area shall be so divided that if\\ncircumstances will permit, the school election district will be\\ncoterminous with one or more school districts, or parts or combinations\\nthereof, and that, if practicable, there shall be a schoolhouse in each\\nschool election district. The commissioner shall describe each of such\\nelection districts. If there is no public schoolhouse in a school\\nelection district, the commissioner shall designate the place where the\\nelection in such district shall be had.\\n 7. The commissioner shall cause notice of such election to be posted\\nat least ten days before the election in three conspicuous places in\\neach school district wholly or partly within such area. In addition to\\nthe posting of such notice a copy thereof shall be published at least\\nseven days before the election in a daily or weekly newspaper published\\nwithin the area or in a newspaper having general circulation therein.\\nSuch notice shall state the day of election and the hours the polls are\\nto be open, shall describe the school election district or districts\\ninto which the area is divided, shall specify the schoolhouses or other\\nplaces therein where such election will be held and where the ballots\\nwill be canvassed.\\n 8. The election shall take place during at least four consecutive\\nhours between the hours of seven o'clock in the forenoon and ten o'clock\\nin the evening, as determined by the commissioner of education.\\n 9. Any person qualified to vote in any school district wholly or\\npartly within the area laid out by the commissioner and who resides\\nwithin such area shall be qualified to vote at the election. Before each\\nperson casts his ballot he shall be required to sign a statement\\ncontained in a poll book provided for the purpose, declaring that he is\\na qualified voter within the area.\\n 10. The commissioner of education shall appoint a board of canvass for\\nthe entire area. Such board shall organize by naming one of its members\\nas chairman and shall, as soon as the ballot boxes and books containing\\nthe names of the voters have been delivered to the board of canvass in\\nthe place designated by the commissioner of education, count all the\\nballots. Prior to ascertaining the manner in which any voter has marked\\nhis ballot, the number of ballots from each school election district\\nshall be counted separately without opening them and if the number does\\nnot correspond with the number of names contained in the poll book of\\nsuch school election district, the board before canvassing the ballots,\\nshall withdraw therefrom a number sufficient to make the number of\\nballots correspond with the number of names in the poll book.\\nThereafter, and before ascertaining the manner in which any voter has\\nvoted, the board of canvass shall cause the ballots cast at each school\\nelection district to be thoroughly intermingled with each other in a\\nsingle ballot box large enough to contain the aggregate number of votes\\ncast. A majority of the valid votes cast shall be necessary to adopt the\\nresolution. Such board shall certify to the commissioner of education\\nthe total number of votes cast, the number of valid votes cast for the\\nproposition to consolidate the area with the city school district, the\\nnumber of valid votes cast against the proposition, the number of void\\nballots and the number of blank ballots. The board of canvass shall file\\na copy of such certificate with each superintendent of schools in whose\\njurisdiction such area is located and shall also file a copy thereof\\nwith the town clerk of each town in which any part of such area is\\nlocated. The board of canvass shall seal the books and ballots\\nimmediately upon completion of the certificate setting forth the result,\\nand shall file such sealed books and ballots with the board of education\\nof the city school district, which board of education shall retain and\\ndispose of such books and ballots as provided by law. If an appeal is\\nbrought from the election, the ballots shall be available for the\\ninspection of the commissioner of education.\\n 11. The commissioner of education shall designate a member or members\\nof the board of canvass to act as an election board for the conduct of\\nthe election in each school election district. The election board shall\\nadminister the challenges.\\n 12. The board of canvass shall furnish poll books, ballots and locked\\nballot boxes for each school election district.\\n 13. After the polls are closed, and after all persons within the\\npolling place have voted, the election board shall forthwith proceed to\\ndeliver to the board of canvass at the place designated by the\\ncommissioner of education, the ballot box and the book containing the\\nnames of the voters. Any wilful violation of this paragraph shall be a\\nmisdemeanor.\\n 14. Upon an appeal to the commissioner of education, substantial\\ncompliance with the procedures herein required shall be sufficient to\\nmeet the intent of this section.\\n 15. If the proposition to consolidate such area with such city school\\ndistrict is adopted, the commissioner may by order consolidate such area\\nor areas, and all school districts and parts of school districts\\nincluded therein, with such city school district. Such order shall\\nspecify a date on which the same shall take effect, and the provisions\\nof sections fifteen hundred fourteen, fifteen hundred seventeen and\\nfifteen hundred eighteen shall be applicable to such consolidation. A\\ncopy of such order shall be filed with the clerk of each school district\\naffected thereby.\\n 16. If at any such election the proposition to consolidate shall not\\nbe adopted, no such election shall again be called within one year after\\nsuch original election. If no election shall be called to reconsider the\\nquestion within two years after such original election or if at any such\\nelection called within two years after such original election the\\nproposition shall again fail of adoption, the order of the commissioner\\nlaying out such area or areas shall be deemed null and void and of no\\nfurther force and effect.\\n 17. Unless the effective date of such order of consolidation shall\\ncoincide with the beginning of the fiscal year of the city school\\ndistrict, the board of education of the city school district upon the\\neffective date of the order of consolidation, shall levy a tax upon the\\narea so consolidated with the city school district, to defray the\\nexpenses of educating the pupils of such area from the effective date of\\nthe consolidation to the beginning of the next ensuing fiscal year of\\nthe city school district. For this purpose, the school tax rate used for\\nthe fiscal year of the city school district in progress on the effective\\ndate of such order shall be used, except that such rate shall be divided\\nby twelve and multiplied by the number of months intervening between the\\neffective date of such order and the beginning of the next ensuing\\nfiscal year of the city school district. The tax list for this purpose\\nshall be prepared and confirmed within thirty days after the effective\\ndate of such consolidation.\\n 18. In any enlarged city school district created pursuant to this\\nsection, the proper equalization rate or rates shall be fixed and\\ndetermined annually pursuant to the provisions of section thirty-five\\nhundred five of this chapter.\\n 19. The expense of posting and publishing of the notices and of\\nfurnishing the poll books, ballots and ballot boxes shall be borne\\nequally by the several school districts wholly or partly included within\\nsuch area, unless a consolidation order is made, in which event such\\nexpense shall become a charge upon the enlarged city school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1527", "title" : "Payroll deductions for deposit to employee bank accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1527", "activeDate" : "2014-09-22", "sequenceNo" : 702, "repealedDate" : null, "fromSection" : "1527", "toSection" : "1527", "text" : " § 1527. Payroll deductions for deposit to employee bank accounts. The\\ndisbursing officer of the city school district of the city of Syracuse\\nis authorized to deduct from the salary of members of the teaching and\\nsupervisory staff and other employees with their prior consent sums for\\ndeposit to employee savings accounts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1527-C", "title" : "Shared superintendent program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1527-C", "activeDate" : "2014-09-22", "sequenceNo" : 703, "repealedDate" : null, "fromSection" : "1527-C", "toSection" : "1527-C", "text" : " § 1527-c. Shared superintendent program. Notwithstanding any other\\nprovision of law, rule or regulation to the contrary, the governing\\nboard of a school district with an enrollment of less than one thousand\\nstudents in the previous year shall be authorized to enter into a school\\nsuperintendent sharing contract with no more than two additional school\\ndistricts each of which had fewer than one thousand in enrolled pupils\\nin the previous year. Each shared superintendent arrangement shall be\\ngoverned by the boards of education of the school districts\\nparticipating in the shared contract. Provided however, that this\\nsection shall not be construed to alter, affect or impair any employment\\ncontract which is in effect on or before July first, two thousand\\nthirteen. Any school district which has entered into a school\\nsuperintendent sharing program will continue to be eligible to complete\\nsuch contract notwithstanding that the enrollment of the school district\\nexceeded one thousand students after entering into a shared\\nsuperintendent contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 33 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A32", "title" : "Filing of Expenditure Statements By Candidates For Membership On Board of Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "32", "activeDate" : "2014-09-22", "sequenceNo" : 704, "repealedDate" : null, "fromSection" : "1528", "toSection" : "1531", "text" : " ARTICLE 32\\n FILING OF EXPENDITURE STATEMENTS BY CANDIDATES\\n FOR MEMBERSHIP ON BOARD OF EDUCATION\\nSection 1528. Expenditure and contribution statement.\\n 1529. Times for filing statements.\\n 1530. Proceedings to compel filing of statements or corrected\\n statements of campaign expenditures and contributions.\\n 1531. Procedure.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1528", "title" : "Expenditure and contribution statement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1528", "activeDate" : "2014-09-22", "sequenceNo" : 705, "repealedDate" : null, "fromSection" : "1528", "toSection" : "1528", "text" : " § 1528. Expenditure and contribution statement. 1. (a) Any candidate\\nfor election to the board of education, except a candidate for member of\\nthe community district education council of a New York city community\\nschool district, shall file sworn statements with the clerk of the\\nschool district in which he or she is a candidate and the commissioner\\nsetting forth all moneys or other valuable things, paid, given, expended\\nor promised by him or her, or incurred for or on his or her behalf with\\nhis or her approval to be filed with the aforesaid clerk and\\ncommissioner by any person, firm, association or corporation, to aid his\\nor her own nomination or election, or to aid or influence the nomination\\nor defeat of any candidate to be voted for at the election. Any\\ncandidate for election, if he or she expended nothing or his or her only\\nexpenditures were for personal expenses which when taken together with\\nthe total expenditures incurred by others on his or her behalf and with\\nhis or her approval do not exceed five hundred dollars, and if the\\naggregate amount of all contributions made to such candidate do not\\nexceed five hundred dollars, shall not be required to file any\\nstatements with the commissioner; however such candidate shall file with\\nthe clerk of the school district a sworn statement to the effect that\\nhis or her election expenditures did not exceed five hundred dollars and\\ncontributions received did not exceed five hundred dollars.\\n (b) Any required contribution statements shall include the dollar\\namount of any receipt, contribution or transfer, or the fair market\\nvalue of any receipt, contribution or transfer, which is other than of\\nmoney, the name and address of the transferor, contributor or person\\nfrom whom received, and if the transferor, contributor or person is a\\npolitical committee as defined in subdivision one of section 14-100 of\\nthe election law; the name of and the political unit represented by the\\ncommittee, the date of its receipt, the dollar amount of every\\nexpenditure, the name and address of the person to whom it was made or\\nthe name of and the political unit represented by the committee to which\\nit was made and the date thereof.\\n (c) No person or persons shall make expenditures on behalf of a\\ncandidate without his or her approval unless such person or persons\\nfiles a sworn statement with the clerk and commissioner stating that the\\ncandidate did not approve such expenditure. Such expenditure shall be\\nlimited to twenty-five dollars and shall not be included in determining\\nthe five hundred dollars as set forth in paragraph (a) of this\\nsubdivision.\\n 2. For the purposes of this section, personal expenses shall include\\nonly payments for traveling expenses and expenses incidental thereto,\\nfor writing, printing and preparing for transmission any letter,\\ncircular, or other publication not issued at regular intervals,\\ncontaining a statement of the position or views of the candidate or\\nperson upon public or other questions, for stationery and postage and\\nfor telegraph, telephone and other public messenger service; but all\\nsuch expenses shall be limited to those which are directly and\\npersonally incurred and paid by the candidate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1529", "title" : "Times for filing statements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1529", "activeDate" : "2014-09-22", "sequenceNo" : 706, "repealedDate" : null, "fromSection" : "1529", "toSection" : "1529", "text" : " § 1529. Times for filing statements. 1. The times for filing the\\nstatements prescribed by section fifteen hundred twenty-eight of this\\narticle shall be as follows:\\n a. A first statement shall be filed on or before the thirtieth day\\nnext preceding the election to which it relates.\\n b. A second statement shall be filed on or before the fifth day next\\npreceding the election to which it relates.\\n c. A third statement shall be filed within twenty days next succeeding\\nthe election to which it relates.\\n 2. Unless otherwise provided, each statement shall cover the period up\\nto and including the day next preceding the day herein specified for the\\nfiling thereof; provided, however, that any contribution or loan in\\nexcess of one thousand dollars, if received after the close of the\\nperiod to be covered in the last statement filed before the election but\\nbefore such election, shall be reported, in the same manner as other\\ncontributions, within twenty-four hours after receipt.\\n 3. It shall not be necessary to itemize in any statement the data\\npreviously reported in any prior statement but each statement shall\\ninclude a summary of all expenditures and contributions and other\\nparticulars reported in any previous statements.\\n 4. A statement shall be deemed properly filed when deposited in an\\nestablished post-office within the prescribed time, duly stamped,\\nregistered and directed to the clerk of the school district in which he\\nis a candidate and to the commissioner of education, but in the event it\\nis not received, a duplicate of such statement shall be promptly filed\\nupon notice by the school district administrative officer and/or the\\ncommissioner of its non-receipt. Each statement shall be preserved for a\\nperiod of three years from the date of filing thereof and it shall\\nconstitute a part of the public records and shall be open to public\\ninspection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1530", "title" : "Proceedings to compel filing of statements or corrected statements of campaign expenditures and contributions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1530", "activeDate" : "2014-09-22", "sequenceNo" : 707, "repealedDate" : null, "fromSection" : "1530", "toSection" : "1530", "text" : " § 1530. Proceedings to compel filing of statements or corrected\\nstatements of campaign expenditures and contributions. 1. The supreme\\ncourt or a justice thereof, in a proceeding instituted by any candidate\\nvoted for at the election or by any five qualified voters may compel by\\norder, any candidate required under the provisions of this chapter to\\nfile a statement of expenditures or contributions for campaign purposes,\\nwho has not filed any such statement within the time prescribed by this\\nchapter, to file such statement within five days after notice of the\\norder.\\n 2. The supreme court or a justice thereof, in a proceeding instituted\\nby any candidate voted for at the election or by any five qualified\\nvoters, may compel by order any candidate or other person or persons\\nrequired under the provisions of this chapter to file a statement of\\nexpenditures or contributions for campaign purposes, who has filed a\\nstatement which does not conform to the requirements of this chapter in\\nrespect to its truth, sufficiency in detail or otherwise, to file a new\\nor supplemental statement which shall make the statement or statements\\ntrue and complete within five days after notice of the order.\\n 3. In every proceeding instituted under this section, the court may\\nconfer immunity in accordance with the provisions of section 50.20 of\\nthe criminal procedure law; provided, however, that no immunity shall be\\nconferred except upon twenty-four hours prior written notice to both the\\nattorney general and the appropriate district attorney having an\\nofficial interest therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1531", "title" : "Procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1531", "activeDate" : "2014-09-22", "sequenceNo" : 708, "repealedDate" : null, "fromSection" : "1531", "toSection" : "1531", "text" : " § 1531. Procedure. A special proceeding under the foregoing\\nprovisions of this article shall be heard upon a verified petition and\\nsuch oral or written proof as may be offered, and upon such notice to\\nsuch officers, persons or candidates as the court, justice or judge\\nshall direct and shall be summarily determined.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A33", "title" : "Common School Districts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33", "activeDate" : "2014-09-22", "sequenceNo" : 709, "repealedDate" : null, "fromSection" : "1601", "toSection" : "1619", "text" : " ARTICLE 33\\n COMMON SCHOOL DISTRICTS\\nSection 1601. Trustees constitute a board and body corporate.\\n 1602. Number of trustees; determination of change.\\n 1603. Property held by trustees as corporation.\\n 1604. Powers and duties of trustees.\\n 1604-a. Temporary investment of school moneys.\\n 1605. Powers and duties of a sole trustee.\\n 1606. Mode of exercise of trustees' powers.\\n 1607. Powers of trustees when vacancies on board exist.\\n 1608. Estimated expenses for ensuing year.\\n 1609. Annual report of trustees of certain joint districts.\\n 1610. Trustees' annual report to district.\\n 1611. Penalty for failure of trustee to account.\\n 1612. Payment by trustee to successor.\\n 1613. Trustees' right of action against predecessor.\\n 1614. Notice of non-payment of moneys apportioned.\\n 1615. Taxation for expenses incurred by trustees.\\n 1616. Issuing order in excess of available funds a\\n misdemeanor.\\n 1618. New York State School Boards Association, Inc.\\n 1619. Advertising for bids; letting of contracts.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1601", "title" : "Trustees constitute a board and body corporate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1601", "activeDate" : "2014-09-22", "sequenceNo" : 710, "repealedDate" : null, "fromSection" : "1601", "toSection" : "1601", "text" : " § 1601. Trustees constitute a board and body corporate. The sole\\ntrustee or the trustees of a common school district shall constitute a\\nboard for such district and such board is hereby created a body\\ncorporate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1602", "title" : "Number of trustees; determination of change", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1602", "activeDate" : "2014-09-22", "sequenceNo" : 711, "repealedDate" : null, "fromSection" : "1602", "toSection" : "1602", "text" : " § 1602. Number of trustees; determination of change. 1. At the first\\nannual meeting next after the erection of a common school district the\\nelectors shall determine, by resolution, whether the district shall have\\none or three trustees; and if they resolve to have three trustees, shall\\nelect the three for one, two and three years, respectively, and shall\\ndesignate by their votes for which term each is elected; thereafter in\\nsuch district, one trustee shall be elected for three years at each\\nannual meeting to fill the office of the outgoing trustee; and if they\\nresolve to have one trustee, shall elect the trustee for a one-year\\nterm; thereafter in such district a trustee shall be elected for one\\nyear at each annual meeting to fill the office of the outgoing trustee.\\n 2. The electors of any common school district having three trustees\\nshall have power to decide at any annual meeting by a majority vote of\\nthose present and voting, whether the district shall have a sole trustee\\nor three trustees. If they resolve to have a sole trustee, the trustees\\nin office shall continue in office until their terms of office shall\\nexpire. No election of a trustee shall be had in the district until the\\noffices of such trustees shall become vacant by the expiration of their\\nterms of office or otherwise, and thereafter but one trustee shall be\\nelected for said district.\\n 3. The electors of a common school district having but one trustee may\\ndetermine at an annual meeting, by a two-thirds vote of the legal voters\\npresent and voting thereat, to have three trustees; and upon the\\nadoption of a resolution to that effect, shall proceed to elect three\\ntrustees or such number as may be necessary to form a board of three\\ntrustees, in the same manner as provided in this section for the\\nelection of three trustees at the first annual meeting after the\\nerection of a district; and thereafter in such district, one trustee\\nshall be elected for three years, at each annual meeting, to fill the\\noffice of the outgoing trustee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1603", "title" : "Property held by trustees as corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1603", "activeDate" : "2014-09-22", "sequenceNo" : 712, "repealedDate" : null, "fromSection" : "1603", "toSection" : "1603", "text" : " § 1603. Property held by trustees as corporation. All property which\\nis now vested in, or shall hereafter be transferred to the trustees of a\\ncommon school district, for the use of schools in the district, shall be\\nheld by them as a corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1604", "title" : "Powers and duties of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2019-08-09", "2019-09-13", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12", "2024-05-03", "2024-05-31", "2024-12-20", "2025-07-04" ], "docLevelId" : "1604", "activeDate" : "2014-09-22", "sequenceNo" : 713, "repealedDate" : null, "fromSection" : "1604", "toSection" : "1604", "text" : " § 1604. Powers and duties of trustees. It shall be the duty of the\\ntrustees of a common school district, and they shall have the power:\\n 1. To call special meetings of the inhabitants of such district\\nwhenever they shall deem it necessary and proper.\\n 2. To give notice of special, annual and adjourned meetings in the\\nmanner prescribed in this chapter, if there be no clerk of the district,\\nor he be absent or incapable of acting, or shall refuse to act.\\n 3. To make out a tax-list of every district tax voted by a district\\nmeeting, or authorized by law, which shall contain the names of all the\\ntaxable inhabitants residing in the district at the time of making out\\nthe list, and the amount of tax payable by each inhabitant, as directed\\nin article seventy-one of this chapter.\\n 4. To purchase or lease such schoolhouse sites and other grounds to be\\nused for playgrounds, or for agriculture, athletic center and social\\ncenter purposes, and to purchase or build such schoolhouses, as a\\ndistrict meeting may authorize; to hire temporarily such rooms or\\nbuildings as may be necessary for school purposes; and to purchase such\\nimplements, supplies and apparatus as may be necessary to provide\\ninstruction in agriculture, or to equip and maintain play-grounds, and\\nto conduct athletic and social center activities in the district, when\\nauthorized by a vote of a district meeting.\\n 5. To have the custody and safe-keeping of the district schoolhouses,\\ntheir sites and appurtenances.\\n 6. To insure the school buildings, furniture and school apparatus in\\nan insurance company created by or under the laws of this state, or in\\nan insurance company authorized by law to transact business in this\\nstate, and to comply with the conditions of the policy, and raise by a\\ndistrict tax the amount required to pay the premiums thereon.\\n 7. To insure the school library in such a company in a sum fixed by a\\ndistrict meeting, and to raise the premium by a district tax, and comply\\nwith the conditions of the policy.\\n 7-a. In their discretion to insure pupils against damage occasioned\\nbecause of accidental personal injuries sustained while participating in\\nphysical education classes, intramural and interscholastic sports\\nactivities, in such a company, and raise by district tax the amount\\nrequired to pay the premiums thereon.\\n 7-b. In their discretion, to purchase insurance against accidents to\\npupils occurring in school, on school grounds, while being transported\\nbetween home and school in a school bus as defined in section thirty-six\\nhundred twenty-one, and during sponsored trips.\\n 8. To appoint and enter into contract with a superintendent of schools\\nas provided in, and consistent with, section seventeen hundred eleven of\\nthis chapter, and to employ in accordance with, and subject to, the\\nprovisions of section three thousand twelve of this chapter as many\\nlegally qualified teachers as the schools of the district require; to\\ndetermine the rate of compensation of each teacher and to determine the\\nterms of school to be held during each school year, and to employ\\npersons to supervise, organize, conduct and maintain athletic,\\nplayground and social center activities when they are authorized by a\\nvote of a district meeting as provided by law. The regular teachers of\\nthe school may be employed at an increased compensation or otherwise,\\nand by separate agreement, written or oral, for one or more of such\\nadditional duties.\\n 9. To establish rules for the government and discipline of the schools\\nof the district.\\n 10. To prescribe the course of studies to be pursued in such schools.\\nProvisions shall be made for instructing pupils in all schools supported\\nby public money, or under state control, in all subjects in which such\\ninstruction is required to be given under the provisions of article\\nseventeen of this chapter.\\n 11. To pay the schools moneys apportioned to the district by giving\\norders on the county treasurer, or on the collector or treasurer of such\\ndistrict when duly qualified to receive and disburse the same.\\n 12. To collect by district tax an amount sufficient to maintain school\\nin the district for the current school year, including any judgment\\nrendered against the district, after deducting from the aggregate amount\\nrequired for this purpose the amount of school moneys in the hands of\\nthe county treasurer, collector or treasurer of the district and to pay\\nthe same by written orders on such district collector or treasurer.\\n 13. To draw upon the county treasurer, the collector or treasurer of\\nthe district, when duly qualified to receive and disburse the same, for\\nthe school moneys, by written orders signed by the sole trustee, or\\nwhere there are three trustees, signed by a majority of said trustees;\\nprovided, however, that in common school districts employing ten or more\\nteachers and having a treasurer and a board of three trustees, by\\nresolution duly adopted, the board may authorize one voucher-order check\\nto be drawn in the total amount of a duly certified payroll for the\\nsalaries of regularly appointed employees and officers legally entitled\\nto be compensated for their services; the proceeds of such voucher-order\\npayroll check shall be credited to a payroll account from which checks\\nshall be signed only by the treasurer of the district and drawn payable\\nto individual employees or officers legally entitled to be compensated\\nfor services.\\n 14. To keep each of the schoolhouses under their charge, and its\\nfurniture, school apparatus and appurtenances, in necessary and proper\\nrepair, and make the same reasonably comfortable for use, but shall not\\nexpend therefor without vote of the district an amount to exceed one\\nhundred dollars in any one year.\\n 15. To make any repairs and abate any nuisances, pursuant to the\\ndirection of the district superintendent as herein provided, and provide\\nfuel, stoves or other heating apparatus, pails, brooms and other\\nimplements necessary to keep the schoolhouses and the schoolrooms clean,\\nand make them reasonably comfortable for use, when no provision has been\\nmade therefor by a vote of the district, or the sum voted by the\\ndistrict for said purposes shall have proved insufficient.\\n 16. To provide for all janitorial work in and about the school\\nbuildings, and pay reasonable compensation therefor.\\n 17. To provide bound blank-books for the entering of their accounts,\\nthe records of the district and the proceedings of district and trustee\\nmeetings, and a list of the movable property of the district and they\\nshall deliver such books to their successors in office.\\n 18. To expend in the purchase of a dictionary, books, reproductions of\\nstandard works of art, maps, globes or other school apparatus, including\\nimplements, apparatus and supplies for instruction in agriculture, or\\nfor conducting athletic playgrounds and social center activities, a sum\\nnot exceeding fifty dollars in any one year, without a vote of the\\ndistrict.\\n 19. To establish temporary or branch schools in such places in the\\ndistrict as shall best accommodate the children, and to hire rooms or\\nbuildings therefor and to fit up and furnish such rooms or buildings in\\na suitable manner for conducting school therein when it is shown:\\n a. That any considerable number of the children residing in a portion\\nof the district are so remote from the schoolhouse as to render it\\ndifficult for them to attend school in such schoolhouse in inclement\\nweather, or\\n b. That the schoolhouse is overcrowded and proper accommodations are\\nnot afforded all the children of the district, or\\n c. That for any other sufficient reason suitable and proper school\\nfacilities are not provided by the existing school accommodations.\\n 20. To provide transportation, home-teaching or special classes, as\\ndefined under sections forty-four hundred one and forty-four hundred two\\nof this chapter for physically or mentally handicapped and delinquent\\nchildren. Such transportation, home-teaching or special classes, when\\nprovided pursuant to this subdivision, shall be granted to all such\\nchildren irrespective of the school they legally attend.\\n 21. To purchase and maintain, when authorized by a vote of the\\nqualified voters of the school district, a motor vehicle or vehicles to\\nbe used for the transportation of the school children of the district.\\nSuch motor vehicle or vehicles may be leased to another school district\\nwhen not needed for such transportation. Likewise when not so needed\\nsuch motor vehicle or vehicles may be leased to a school district or a\\nmunicipality as defined in section two of chapter five hundred fifty-six\\nof the laws of nineteen hundred forty-five, for the purpose of\\ntransporting children and instructors in connection with (a) a\\nrecreation project or a youth service project operated by one or more\\nmunicipalities or by a school district, if such project is authorized\\nand approved by the state youth commission, or (b) a youth bureau or\\nagency or activity or project of a county, town, city or village which\\nis devoted to the welfare of youth therein or to providing leisure-time\\nactivities for youth or assistance to children, as authorized in section\\nninety-five of the general municipal law, or (c) one or more playgrounds\\nand neighborhood recreation centers operated and maintained by one or\\nmore cities except New York, Buffalo and Rochester, counties except Erie\\nand the counties within the city of New York, towns or villages, whether\\nor not any school board or district joins in such operating and\\nmaintaining, as authorized in section two hundred forty-four-b of the\\ngeneral municipal law. In any case when such motor vehicle shall be\\nleased as provided in this subdivision, public liability and property\\ndamage insurance, fire insurance and compensation insurance of drivers\\nshall be provided and collision insurance shall be provided in the\\namount of the value of the vehicle, to protect the lessor. The\\nadditional cost of such insurance shall be paid by the lessee. No part\\nof the costs and expenses resulting from operation, maintenance and\\nrepair of such vehicles during the leasing thereof shall be included in\\ndetermining the amount of any form of state aid received by such school\\ndistrict.\\n * 21-a. To lease a motor vehicle or vehicles to be used for the\\ntransportation of the children of the district from a school district,\\nboard of cooperative educational services or county vocational education\\nand extension board or from any other source, under the conditions\\nspecified in this subdivision. No such agreement for the lease of a\\nmotor vehicle or vehicles shall be for a term of more than one school\\nyear, provided that when authorized by a vote of the qualified voters of\\nthe district such lease may have a term of up to five years. Where the\\ntrustee or board of trustees enter into a lease of a motor vehicle or\\nvehicles pursuant to this subdivision for a term of one school year or\\nless, such trustee or board shall not be authorized to enter into\\nanother lease for the same or an equivalent replacement vehicle or\\nvehicles, as determined by the commissioner, without obtaining approval\\nof the qualified voters of the school district.\\n * NB Repealed September 1, 2015\\n 21-b. a. The trustees are authorized to provide regional\\ntransportation services by rendering such services jointly with other\\nschool districts or boards of cooperative educational services. Such\\nservices may include pupil transportation between home and school,\\ntransportation during the day to and from school and a special education\\nprogram or service or a program at a board of cooperative educational\\nservices or an approved shared program at another school district,\\ntransportation for field trips or to and from extracurricular\\nactivities, and cooperative school bus maintenance.\\n b. The trustees are authorized to enter into a contract with another\\nschool district, a county, municipality, or the state office of children\\nand family services to provide transportation for children, including\\ncontracts to provide such transportation as regional transportation\\nservices, provided that the contract cost is appropriate. In determining\\nthe appropriate transportation contract cost, the transportation service\\nprovider school district shall use a calculation consistent with\\nregulations adopted by the commissioner for the purpose of assuring that\\ncharges reflect the true costs that would be incurred by a prudent\\nperson in the conduct of a competitive transportation business.\\n 22. To pay any judgment levied against the district and in the event\\nthere are no moneys otherwise available, to levy a tax upon the taxable\\nproperty of the district to pay the same.\\n 23. To contract with any person, corporation or other school district\\nfor the conveyance of pupils residing within the district, when\\nauthorized to do so under subdivision nineteen of section two thousand\\ntwenty-one, by vote of the inhabitants of the district entitled to vote,\\nor to contract for the operation, maintenance and garaging of motor\\nvehicles owned by the district, in accordance with such rules and\\nregulations as such trustees may establish, consistent with the\\nregulations of the commissioner of education. Upon authorization by a\\nschool district meeting, every such contract of transportation may be\\nmade for a period not exceeding five years, notwithstanding any\\nprovision of any other law inconsistent herewith.\\n 24. To furnish lighting facilities, janitorial care and supervision\\nfor highway underpasses when authorized to do so by vote of a district\\nmeeting under the provisions of subdivision twenty of section two\\nthousand fifteen of this chapter.\\n 25. To provide school health services, as defined in subdivision two\\nof section nine hundred one of this chapter, to all children in\\nattendance upon schools under their supervision and to pay any expense\\nincurred therefor.\\n 26. To establish a petty cash fund for the use of the principal,\\nteacher or clerk of the school district for the payment, in advance of\\nauthorization, of properly itemized bills for materials, supplies or\\nservices furnished to the school district under conditions calling for\\nimmediate payment to the vendor upon delivery of any such materials or\\nsupplies or the rendering of any such services. The amount of such a\\npetty cash fund and the method of handling same shall be in accordance\\nwith regulations established by the commissioner of education.\\n 27. To reimburse members of the teaching and supervising staff for\\nexpenses actually and necessarily incurred in the performance of their\\nofficial duties and to make such rules and regulations in relation\\nthereto as they shall deem necessary and proper. Such rules and\\nregulations may include the establishment of a mileage rate for the use\\nof personally owned cars for such purpose in lieu of auditing and\\nallowing claims for actual and necessary expenses of travel.\\n 28. To provide, maintain and operate a cafeteria or restaurant service\\nfor the use of pupils and teachers while in school and for the use by\\nthe community for school related functions and activities and to furnish\\nmeals to the elderly residents, sixty years of age or older, of the\\ndistrict. Such utilization shall be subject to the approval of the board\\nof education. Charges shall be sufficient to meet the direct cost of\\npreparing and serving such meals, reducible by available reimbursements.\\n 29. To prescribe the text-books to be used in the schools, and to\\ncompel a uniformity in the use of the same, pursuant to the provisions\\nof this chapter, and to furnish the same to pupils out of any moneys\\nprovided for that purpose.\\n 29-a. To develop a plan to ensure that all instructional materials to\\nbe used in the schools of the district are available in a usable\\nalternative format for each student with a disability, as defined in\\nsection forty-four hundred one of this chapter, and for each student who\\nis a qualified individual with a disability as defined in the\\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\\namended, in accordance with his or her educational needs and course\\nselection, at the same time as such instructional materials are\\navailable to non-disabled students. As part of such plan the trustee or\\nboard of trustees shall amend its procurement policies to give a\\npreference in the purchase of instructional materials to vendors who\\nagree to provide materials in alternative formats. For purposes of this\\nsubdivision, \"alternative format\" shall mean any medium or format for\\nthe presentation of instructional materials, other than a traditional\\nprint textbook, that is needed as an accommodation for a disabled\\nstudent enrolled in the school district, including but not limited to\\nBraille, large print, open and closed captioned, audio, or an electronic\\nfile in an approved format, as defined in the regulations of the\\ncommissioner. When an electronic file is provided, the plan shall\\nspecify how the format will be accessed by students and/or how the\\ndistrict shall convert to an accessible format. Such plan shall identify\\nthe needs of students residing in the district for alternative format\\nmaterials. Such plan shall also specify ordering timelines to ensure\\nthat alternative format materials are available at the same time as\\nregular format materials. Such plans shall include procedures to address\\nthe need to obtain materials in alternative format without delay for\\ndisabled students who move into the school district during the school\\nyear.\\n 30. To have in all respects the superintendence, management and\\ncontrol of the educational affairs of the district, and, therefore,\\nshall have all the powers reasonably necessary to exercise powers\\ngranted expressly or by implication and to discharge duties imposed\\nexpressly or by implication by this chapter or other statutes.\\n 31. To provide workmen's compensation coverage as provided in the\\nworkmen's compensation law for all teachers and other employees for\\ninjuries incurred in actual performance of duty.\\n 31-a. In its discretion, to provide under a group insurance policy or\\npolicies issued by any insurance company or insurance companies\\nauthorized to do business in this state or under a group contract issued\\nby one or more corporations subject to article forty-three of the\\ninsurance law, life insurance or accident and health insurance benefits\\nor medical and surgical benefits or hospital service benefits or any two\\nor more of such kinds of benefits to teachers and other employees of the\\nschool district who participate in a plan or plans, as hereinafter\\nprovided. The disbursing officer of the school district is authorized to\\ndeduct from the salary of such participant with his prior consent, in\\nwriting, the sums representing the participant's share of the premium or\\npremiums which are payable by such officer to such insurance company or\\ncorporation. Such board of education is authorized to pay from such\\nmoneys as are available for the purpose, a share of the cost of such\\nbenefit or benefits in such amount as is required to be paid under such\\ngroup insurance policy or policies or group contract or contracts by the\\nboard of education, as employer. The sum to be paid by the board of\\neducation under such policy or policies or contract or contracts, in the\\ndiscretion of such board may be any percentage of the total cost of the\\nbenefit or benefits including the whole thereof.\\n 31-b. In their discretion, to purchase insurance against personal\\ninjuries incurred by an authorized participant in a school volunteer\\nprogram, including but not limited to, those authorized participants who\\nassist on school buses, school sponsored transportation to and from\\nschool, or on school sponsored field trips or any other school sponsored\\nactivity; provided, however, that the injuries were incurred while the\\nauthorized participant was functioning either within the scope of his or\\nher authorized volunteer duties or under the direction of the board of\\neducation, trustee, or board of cooperative educational services, or\\nboth.\\n 32. In its discretion, and with the written consent of any employee,\\nto deduct from the salary of such employee such amount as may be agreed\\nto by such employee for payment to any credit union doing business in\\nthe state of New York as such employee may designate. Any such written\\nauthorization may be withdrawn by such employee at any time.\\n 33. In his discretion to contract with a social services district\\npursuant to subdivision three of section four hundred ten of the social\\nservices law to furnish day care for children on behalf of the social\\nservices district.\\n 34. To appoint a district clerk, and a district treasurer, where such\\noffice is not filled by election pursuant to section two thousand\\ntwenty-one of this chapter, to serve the district during each school\\nyear, or until a successor is appointed.\\n 35. a. In their discretion, to adopt a resolution establishing the\\noffice of claims auditor and appoint a claims auditor who shall hold his\\nor her position subject to the pleasure of such trustees. In its\\ndiscretion, the trustees may adopt a resolution establishing the office\\nof deputy claims auditor who shall act as claims auditor in the absence\\nof the claims auditor. Such claims auditor shall report directly to the\\ntrustees. No person shall be eligible for appointment to the office of\\nclaims auditor or deputy claims auditor who shall also be:\\n (1) a trustee of the school district;\\n (2) the clerk or treasurer of the school district;\\n (3) the superintendent of schools or other official of the district\\nresponsible for business management;\\n (4) the person designated as purchasing agent; or\\n (5) clerical or professional personnel directly involved in accounting\\nand purchasing functions of the school district.\\n b. Such claims auditor or deputy claims auditor shall not be required\\nto be a resident of the district, and the positions of claims auditor\\nand deputy claims auditor shall be classified in the exempt class of the\\ncivil service. The trustees, at any time after the establishment of the\\noffice of claims auditor or deputy claims auditor, may adopt a\\nresolution abolishing such office, whereupon such office shall be\\nabolished. When the office of claims auditor shall have been established\\nand a claims auditor shall have been appointed and shall have qualified,\\nthe powers and duties of the trustees with respect to claims auditing,\\nand allowing or rejecting all accounts, charges, claims or demands\\nagainst the school district, shall devolve upon and thereafter be\\nexercised by such claims auditor during the continuance of such office.\\nThe trustees shall be permitted to delegate the claims audit function to\\none or more independent entities by using (1) inter-municipal\\ncooperative agreements, (2) shared services to the extent authorized by\\nsection nineteen hundred fifty of this title, or (3) independent\\ncontractors, to fulfill this function.\\n c. When the trustees delegate the claims audit function using an\\ninter-municipal cooperative agreement, shared service authorized by\\nsection nineteen hundred fifty of this title, or an independent\\ncontractor, the trustees shall be responsible for auditing all claims\\nfor services from the entity providing the delegated claims auditor,\\neither directly or through a delegation to a different independent\\nentity.\\n 36. In its discretion to provide that the proceeds of the sale or\\nappropriation of school district real property shall, after being used\\nfor any legally required purpose be used to reduce real property taxes\\nin such district for a period not to exceed ten school years, or such\\nlesser period as it may direct. Such proceeds may be invested and any\\ninterest obtained may also be used for such purpose. Such reserve fund\\nshall be invested and reinvested pursuant to the provisions of\\nsubdivision two of section sixteen hundred four-a of this article.\\n 37. In their discretion and in compliance with rules and regulations\\nof the commissioner promulgated pursuant to section one hundred one-a of\\nthis chapter, to give written notice to the family court pursuant to\\nsubdivision four of section seven hundred fifty-eight-a and subdivision\\nfour of section 353.6 of the family court act of the desire of the\\nschool district to act in the supervision of certain juveniles while\\nperforming services for the public good.\\n 38. To offer monetary rewards, in sums not to exceed one thousand\\ndollars, to individuals for information leading to the arrest and\\nconviction of any person or persons for felonies or misdemeanors\\ndirectly connected to vandalism of district property. Such rewards may\\nbe offered on any conditions such trustees may determine, subject to\\nwhatever qualifications it may deem appropriate.\\n * 39. a. Shall require, for purposes of a criminal history record\\ncheck, the fingerprinting of all prospective employees pursuant to\\nsection three thousand thirty-five of this chapter, who do not hold\\nvalid clearance pursuant to such section or pursuant to section three\\nthousand four-b of this chapter or section five hundred nine-cc or\\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\\ninitiating the fingerprinting process, the prospective employer shall\\nfurnish the applicant with the form described in paragraph (c) of\\nsubdivision thirty of section three hundred five of this chapter and\\nshall obtain the applicant's consent to the criminal history records\\nsearch. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the commissioner for purposes of\\nclearance for employment.\\n b. Upon the recommendation of the superintendent, the trustees may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance shall be forwarded to the commissioner along with the\\nprospective employee's fingerprints, as required by paragraph a of this\\nsubdivision. Such appointment shall not commence until notification by\\nthe commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted, the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n c. Upon the recommendation of the superintendent, the trustees may\\nmake an emergency conditional appointment when an unforeseen emergency\\nvacancy has occurred. When such appointment is made, the process for\\nconditional appointment pursuant to paragraph b of this subdivision must\\nalso be initiated. Emergency conditional appointment may commence prior\\nto notification from the commissioner on conditional clearance but shall\\nterminate twenty business days from the date such appointment commences\\nor when the prospective employer is notified by the commissioner\\nregarding conditional clearance, whichever occurs earlier, provided that\\nif conditional clearance is granted, the appointment shall continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (ii) when no other qualified person\\nis available to fill the vacancy temporarily; and (iii) when emergency\\nconditional appointment is necessary to maintain services which the\\ndistrict is legally required to provide or services necessary to protect\\nthe health, education or safety of students or staff. The provisions of\\nsubparagraph (i) of this paragraph shall not apply if the trustees find\\nthat the district has been unable to fill the vacancy despite good faith\\nefforts to fill such vacancy in a manner which would have allowed\\nsufficient time for clearance or conditional clearance.\\n d. Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * 39. Shall require, for purposes of a criminal history record check,\\nthe fingerprinting of all prospective employees pursuant to section\\nthree thousand thirty-five of this chapter, who do not hold valid\\nclearance pursuant to such section or pursuant to section three thousand\\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history records search. Every set of\\nfingerprints taken pursuant to this subdivision shall be promptly\\nsubmitted to the commissioner for purposes of clearance for employment.\\n * NB Effective July 1, 2015\\n 40. Shall upon commencement and termination of employment of an\\nemployee by the district, provide the commissioner with the name of and\\nposition held by such employee.\\n 41. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n 42. a. To enter into a lease, sublease or other agreement with the\\ndormitory authority providing for the financing or refinancing of all or\\na portion of the school district capital facilities or school district\\ncapital equipment in accordance with section sixteen hundred eighty of\\nthe public authorities law and with the approval of the commissioner.\\nSuch lease, sublease, or other agreement may provide for the payment of\\nannual or other payments to the dormitory authority, and contain such\\nother terms and conditions as may be agreed upon by the parties thereto,\\nincluding the establishment of reserve funds and indemnities. For\\npurposes of this subdivision, school district capital equipment shall\\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\\nof the public authorities law.\\n b. Notwithstanding any provisions of law to the contrary, the\\ndormitory authority and the trustee or board of trustees are hereby\\nauthorized and empowered to perform any and all acts and to enter into\\nany and all agreements necessary or desirable to effectuate the purposes\\nof this subdivision.\\n Any expenditure made or liability incurred in pursuance of this\\nsection shall be a charge upon the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1604-A", "title" : "Temporary investment of school moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1604-A", "activeDate" : "2014-09-22", "sequenceNo" : 714, "repealedDate" : null, "fromSection" : "1604-A", "toSection" : "1604-A", "text" : " § 1604-a. Temporary investment of school moneys. The board of\\ntrustees of any common school district may authorize the district\\ntreasurer or other officer having custody of district moneys to invest\\nmoneys of the district in the manner provided by section eleven of the\\ngeneral municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1605", "title" : "Powers and duties of a sole trustee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1605", "activeDate" : "2014-09-22", "sequenceNo" : 715, "repealedDate" : null, "fromSection" : "1605", "toSection" : "1605", "text" : " § 1605. Powers and duties of a sole trustee. The sole trustee of a\\ncommon school district shall possess all the powers and be subject to\\nall the duties, liabilities and penalties which the law imposes upon a\\nboard of three trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1606", "title" : "Mode of exercise of trustees' powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1606", "activeDate" : "2014-09-22", "sequenceNo" : 716, "repealedDate" : null, "fromSection" : "1606", "toSection" : "1606", "text" : " § 1606. Mode of exercise of trustees' powers. 1. The powers committed\\nby law to the trustees of a common school district must be exercised by\\nthem as a board. The board must meet for the transaction of business in\\naccordance with notice of time and place.\\n 2. In a board composed of three trustees, when two only meet to\\ndeliberate upon any matter, and the third, if notified, does not attend,\\nor the three meet and deliberate thereon, the conclusion of two upon the\\nmatter, and their order, act or proceeding in relation thereto, shall be\\nas valid as though it were the conclusion, order, act or proceeding of\\nthe three; and a recital of the two in their minute of the conclusion,\\nact or proceeding, or in their order, act or proceeding of the fact of\\nsuch notice, or of such meeting and deliberation, shall be conclusive\\nevidence thereof.\\n 3. A meeting of the board may be ordered by any member thereof, by\\ngiving not less than twenty-four hours' notice of the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1607", "title" : "Powers of trustees when vacancies on board exist", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1607", "activeDate" : "2014-09-22", "sequenceNo" : 717, "repealedDate" : null, "fromSection" : "1607", "toSection" : "1607", "text" : " § 1607. Powers of trustees when vacancies on board exist. 1. While\\nthere is one vacancy in the office of trustee, the two trustees shall\\nhave all the powers and be subject to all the duties and liabilities of\\nthe three. And while there are two such vacancies, the trustee in\\noffice shall have all the powers and be subject to all the duties and\\nliabilities of the three, as though he were a sole trustee.\\n 2. When a vacancy shall occur in the office of trustee, the board\\nshall immediately call a special meeting of the district to fill such\\nvacancy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1608", "title" : "Estimated expenses for ensuing year", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2017-01-13", "2017-07-07", "2017-08-18", "2019-04-19" ], "docLevelId" : "1608", "activeDate" : "2014-09-22", "sequenceNo" : 718, "repealedDate" : null, "fromSection" : "1608", "toSection" : "1608", "text" : " § 1608. Estimated expenses for ensuing year. 1. It shall be the duty\\nof the trustees of each common school district to present at the annual\\nbudget hearing a detailed statement in writing of the amount of money\\nwhich will be required for the ensuing year for school purposes,\\nspecifying the several purposes and the amount for each. The amount for\\neach purpose estimated necessary for payments to boards of cooperative\\neducational services shall be shown in full, with no deduction of\\nestimated state aid. The amount of state aid provided and its percentage\\nrelationship to the total expenditures shall also be shown. This section\\nshall not be construed to prevent the trustees from presenting such\\nstatement at a budget hearing held not less than seven nor more than\\nfourteen days prior to a special meeting called for the purpose, nor\\nfrom presenting a supplementary and amended statement or estimate at any\\ntime.\\n 2. Such statement shall be completed at least seven days before the\\nbudget hearing at which it is to be presented and copies thereof shall\\nbe prepared and made available, upon request and at the school district\\noffices, at any public library or free association library within the\\ndistrict and on the school district's internet website, if one exists,\\nto residents within the district during the period of fourteen days\\nimmediately preceding the annual meeting and election or special\\ndistrict meeting at which the budget vote will occur and at such meeting\\nor hearing. The board shall also as a part of the notice required by\\nsection two thousand three of this chapter give notice of the date, time\\nand place of the budget hearing and that a copy of such statement may be\\nobtained by any resident in the district at each schoolhouse in the\\ndistrict in which school is maintained during certain designated hours\\non each day other than a Saturday, Sunday or holiday during the fourteen\\ndays immediately preceding such meeting. The board shall include notice\\nof the availability of such statement at least once during the school\\nyear in any district-wide mailing distributed.\\n 3. Commencing with the proposed budget for the nineteen hundred\\nninety-seven--ninety-eight school year, such proposed budget shall be in\\nplain language and shall be consistent with regulations promulgated by\\nthe commissioner pursuant to subdivision twenty-six of section three\\nhundred five of this chapter. Categorization of and format for revenue,\\nincluding payments in lieu of taxes, property tax refunds from\\ncertiorari proceedings, expenditure, transfer, and fund balance\\ninformation and changes in such data from the prior year and, in the\\ncase of a resubmitted or amended budget, changes in such information\\nfrom the prior year's submitted budget, shall be complete and accurate\\nand set forth in such a manner as to best promote public comprehension\\nand readability.\\n 4. Commencing with the proposed budget for the nineteen hundred\\nninety-eight--ninety-nine school year, such proposed budget shall be\\npresented in three components: a program component, a capital component\\nand an administrative component which shall be separately delineated in\\naccordance with regulations of the commissioner after consultation with\\nlocal school district officials. The administrative component shall\\ninclude, but need not be limited to, office and central administrative\\nexpenses, traveling expenses and all compensation, salaries and benefits\\nof all school administrators and supervisors, including business\\nadministrators, superintendents of schools and deputy, assistant,\\nassociate or other superintendents under all existing employment\\ncontracts or collective bargaining agreements any and all expenditures\\nassociated with the operation of the office of trustee or board of\\ntrustees, the office of the superintendent of schools, general\\nadministration, the school business office, consulting costs not\\ndirectly related to direct student services and programs, planning and\\nall other administrative activities. The program component shall\\ninclude, but need not be limited to, all program expenditures of the\\nschool district, including the salaries and benefits of teachers and any\\nschool administrators or supervisors who spend a majority of their time\\nperforming teaching duties, and all transportation operating expenses.\\nThe capital component shall include, but need not be limited to, all\\ntransportation capital, debt service, and lease expenditures; costs\\nresulting from judgments in tax certiorari proceedings or the payment of\\nawards from court judgments, administrative orders or settled or\\ncompromised claims; and all facilities costs of the school district,\\nincluding facilities lease expenditures, the annual debt service and\\ntotal debt for all facilities financed by bonds and notes of the school\\ndistrict, and the costs of construction, acquisition, reconstruction,\\nrehabilitation or improvement of school buildings, provided that such\\nbudget shall include a rental, operations and maintenance section that\\nincludes base rent costs, total rent costs, operation and maintenance\\ncharges, cost per square foot for each facility leased by the school\\ndistrict, and any and all expenditures associated with custodial\\nsalaries and benefits, service contracts, supplies, utilities, and\\nmaintenance and repairs of school facilities. For the purposes of the\\ndevelopment of a budget for the nineteen hundred\\nninety-eight--ninety-nine school year, the trustee or board of trustees\\nshall separate the district's program, capital and administrative costs\\nfor the nineteen hundred ninety-seven--ninety-eight school year in the\\nmanner as if the budget for such year had been presented in three\\ncomponents.\\n 5. The trustee or board of trustees shall append to the statement of\\nestimated expenditures a detailed statement of the total compensation to\\nbe paid to the superintendent of schools, and any assistant or associate\\nsuperintendents of schools in the ensuing school year, including a\\ndelineation of the salary, annualized cost of benefits and any in-kind\\nor other form of remuneration. The trustees shall also append a list of\\nall other school administrators and supervisors, if any, whose annual\\nsalary will be eighty-five thousand dollars or more in the ensuing\\nschool year, with the title of their positions and annual salary\\nidentified; provided however, that the commissioner may adjust such\\nsalary level to reflect increases in administrative salaries after June\\nthirtieth, nineteen hundred ninety-eight. The trustees shall submit a\\ncopy of such list and statement, in a form prescribed by the\\ncommissioner, of compensation to the commissioner within five days after\\ntheir preparation. The commissioner shall compile such data, together\\nwith the data submitted pursuant to subdivision three of section\\nseventeen hundred sixteen of this chapter, into a single statewide\\ncompilation, which shall be made available to the governor, the\\nlegislature, and other interested parties upon request.\\n 6. Each year, the board of education shall prepare a school district\\nreport card, pursuant to regulations of the commissioner, and shall make\\nit publicly available by transmitting it to local newspapers of general\\ncirculation, appending it to copies of the proposed budget made publicly\\navailable as required by law, making it available for distribution at\\nthe annual meeting, and otherwise disseminating it as required by the\\ncommissioner. Such report card shall include measures of the academic\\nperformance of the school district, on a school by school basis, and\\nmeasures of the fiscal performance of the district, as prescribed by the\\ncommissioner. Pursuant to regulations of the commissioner, the report\\ncard shall also compare these measures to statewide averages for all\\npublic schools, and statewide averages for public schools of comparable\\nwealth and need, developed by the commissioner. Such report card shall\\ninclude, at a minimum, any information on the school district regarding\\npupil performance and expenditure per pupil required to be included in\\nthe annual report by the regents to the governor and the legislature\\npursuant to section two hundred fifteen-a of this chapter; and any other\\ninformation required by the commissioner. School districts (i)\\nidentified as having fifteen percent or more of their students in\\nspecial education, or (ii) which have fifty percent or more of their\\nstudents with disabilities in special education programs or services\\nsixty percent or more of the school day in a general education building,\\nor (iii) which have eight percent or more of their students with\\ndisabilities in special education programs in public or private separate\\neducational settings shall indicate on their school district report card\\ntheir respective percentages as defined in this subparagraph and\\nsubparagraphs (i) and (ii) of this paragraph as compared to the\\nstatewide average.\\n 7. * a. Each year, commencing with the proposed budget for the two\\nthousand--two thousand one school year, the trustee or board of trustees\\nshall prepare a property tax report card, pursuant to regulations of the\\ncommissioner, and shall make it publicly available by transmitting it to\\nlocal newspapers of general circulation, appending it to copies of the\\nproposed budget made publicly available as required by law, making it\\navailable for distribution at the annual meeting, and otherwise\\ndisseminating it as required by the commissioner. Such report card shall\\ninclude: (i) the amount of total spending and total estimated school tax\\nlevy that would result from adoption of the proposed budget and the\\npercentage increase or decrease in total spending and total school tax\\nlevy from the school district budget for the preceding school year; and\\n(ii) the district's tax levy limit determined pursuant to section two\\nthousand twenty-three-a of this title, and the estimated school tax\\nlevy, excluding any levy necessary to support the expenditures pursuant\\nto subparagraphs (i) through (iv) of paragraph i of subdivision two of\\nsection two thousand twenty-three-a of this title, that would result\\nfrom adoption of the proposed budget; and (iii) the projected enrollment\\ngrowth for the school year for which the budget is prepared, and the\\npercentage change in enrollment from the previous year; and (iv) the\\npercentage increase in the consumer price index, as defined in paragraph\\nc of this subdivision; and (v) the projected amount of the\\nunappropriated unreserved fund balance that will be retained if the\\nproposed budget is adopted, the projected amount of the reserved fund\\nbalance, the projected amount of the appropriated fund balance, the\\npercentage of the proposed budget that the unappropriated unreserved\\nfund balance represents, the actual unappropriated unreserved fund\\nbalance retained in the school district budget for the preceding school\\nyear, and the percentage of the school district budget for the preceding\\nschool year that the actual unappropriated unreserved fund balance\\nrepresents.\\n * NB Effective until June 16, 2016\\n * a. Each year, commencing with the proposed budget for the two\\nthousand--two thousand one school year, the trustee or board of trustees\\nshall prepare a property tax report card, pursuant to regulations of the\\ncommissioner, and shall make it publicly available by transmitting it to\\nlocal newspapers of general circulation, appending it to copies of the\\nproposed budget made publicly available as required by law, making it\\navailable for distribution at the annual meeting, and otherwise\\ndisseminating it as required by the commissioner. Such report card shall\\ninclude: (i) the amount of total spending and total estimated school tax\\nlevy that would result from adoption of the proposed budget and the\\npercentage increase or decrease in total spending and total school tax\\nlevy from the school district budget for the preceding school year; and\\n(ii) the projected enrollment growth for the school year for which the\\nbudget is prepared, and the percentage change in enrollment from the\\nprevious year; and (iii) the percentage increase in the consumer price\\nindex, as defined in paragraph c of this subdivision; and (iv) the\\nprojected amount of the unappropriated unreserved fund balance that will\\nbe retained if the proposed budget is adopted, the projected amount of\\nthe reserved fund balance, the projected amount of the appropriated fund\\nbalance, the percentage of the proposed budget that the unappropriated\\nunreserved fund balance represents, the actual unappropriated unreserved\\nfund balance retained in the school district budget for the preceding\\nschool year, and the percentage of the school district budget for the\\npreceding school year that the actual unappropriated unreserved fund\\nbalance represents.\\n * NB Effective June 16, 2016\\n b. A copy of the property tax report card prepared for the annual\\ndistrict meeting shall be submitted to the department in the manner\\nprescribed by the department by the end of the business day next\\nfollowing approval of the report card by the trustee or board of\\ntrustees, but no later than twenty-four days prior to the statewide\\nuniform voting day. The department shall compile such data for all\\nschool districts whose budgets are subject to a vote of the qualified\\nvoters and shall make such compilation available electronically at least\\nten days prior to the statewide uniform voting day.\\n c. For purposes of this subdivision, \"percentage increase in the\\nconsumer price index\" shall mean the percentage that represents the\\nproduct of one hundred and the quotient of: (i) the average of the\\nnational consumer price indexes determined by the United States\\ndepartment of labor for the twelve-month period preceding January first\\nof the current year minus the average of the national consumer price\\nindexes determined by the United States department of labor for the\\ntwelve-month period preceding January first of the prior year, divided\\nby (ii) the average of the national consumer price indexes determined by\\nthe United States department of labor for the twelve-month period\\npreceding January first of the prior year, with the result expressed as\\na decimal to two places.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1609", "title" : "Annual report of trustees of certain joint districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1609", "activeDate" : "2014-09-22", "sequenceNo" : 719, "repealedDate" : null, "fromSection" : "1609", "toSection" : "1609", "text" : " § 1609. Annual report of trustees of certain joint districts. Where a\\ncommon school district lies in two or more counties, its trustees shall\\nfile their annual report in the office of the district superintendent\\nhaving jurisdiction over the schools of the town in which the principal\\nschoolhouse of the district is situated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1610", "title" : "Trustees' annual report to district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1610", "activeDate" : "2014-09-22", "sequenceNo" : 720, "repealedDate" : null, "fromSection" : "1610", "toSection" : "1610", "text" : " § 1610. Trustees' annual report to district. The trustees shall\\nrender to the district, at its annual meeting, a just, full and true\\naccount in writing, of all moneys received by them respectively for the\\nuse of the district, or raised or collected by taxes, in the preceding\\nyear, and of the manner in which the same shall have been expended, and\\nshowing to which of them an unexpended balance, or any part thereof, is\\nchargeable; and of all drafts or orders made by them upon the county\\ntreasurer, collector, treasurer or other custodian of moneys of the\\ndistrict; and a full statement of all appeals, actions or suits and\\nproceedings brought by or against them, and of every special matter\\ntouching the condition of the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1611", "title" : "Penalty for failure of trustee to account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1611", "activeDate" : "2014-09-22", "sequenceNo" : 721, "repealedDate" : null, "fromSection" : "1611", "toSection" : "1611", "text" : " § 1611. Penalty for failure of trustee to account. By a wilful\\nneglect or refusal to render such account, a trustee forfeits any\\nunexpired term of his office, and becomes liable to the trustees for any\\ndistrict moneys in his hands.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1612", "title" : "Payment by trustee to successor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1612", "activeDate" : "2014-09-22", "sequenceNo" : 722, "repealedDate" : null, "fromSection" : "1612", "toSection" : "1612", "text" : " § 1612. Payment by trustee to successor. An outgoing trustee shall\\nforthwith pay, to his successor or any other trustees of the district in\\noffice, all moneys in his hands belonging to the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1613", "title" : "Trustees' right of action against predecessor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1613", "activeDate" : "2014-09-22", "sequenceNo" : 723, "repealedDate" : null, "fromSection" : "1613", "toSection" : "1613", "text" : " § 1613. Trustees' right of action against predecessor. The trustees\\nin office shall sue for and recover any district moneys in the hands of\\nany former trustee, or of his personal representatives, and apply them\\nto the use of the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1614", "title" : "Notice of non-payment of moneys apportioned", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1614", "activeDate" : "2014-09-22", "sequenceNo" : 724, "repealedDate" : null, "fromSection" : "1614", "toSection" : "1614", "text" : " § 1614. Notice of non-payment of moneys apportioned. If any portion\\nof the moneys apportioned to the district shall not be paid by the\\ncollector or treasurer of the district, upon the due requirement of the\\ntrustees, they shall forthwith notify the treasurer of the county and\\nthe commissioner of education of the fact. In case of such non-payment\\nby the county treasurer, such notification shall be given to the\\ncommissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1615", "title" : "Taxation for expenses incurred by trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1615", "activeDate" : "2014-09-22", "sequenceNo" : 725, "repealedDate" : null, "fromSection" : "1615", "toSection" : "1615", "text" : " § 1615. Taxation for expenses incurred by trustees. When trustees are\\nrequired or authorized by law, or by a vote of their district, to incur\\nany expenses for such district, and when any expenses incurred by them\\nare made, by express provision of law, a charge upon such district, they\\nmay raise the amount thereof by tax in the same manner as if the\\ndefinite sum to be raised had been voted by a district meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1616", "title" : "Issuing order in excess of available funds a misdemeanor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1616", "activeDate" : "2014-09-22", "sequenceNo" : 726, "repealedDate" : null, "fromSection" : "1616", "toSection" : "1616", "text" : " § 1616. Issuing order in excess of available funds a misdemeanor. 1.\\nThe trustees of a common school district shall not issue an order or\\ndraft upon a county treasurer, collector or treasurer of the district\\nfor the payment of the salary of a teacher unless there shall be in the\\nhands of such county treasurer, collector or treasurer at the time\\nsufficient money belonging to the district to meet such order or draft.\\n 2. A violation of this section by the trustees of a district shall be\\na misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1618", "title" : "New York State School Boards Association, Inc", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1618", "activeDate" : "2014-09-22", "sequenceNo" : 727, "repealedDate" : null, "fromSection" : "1618", "toSection" : "1618", "text" : " § 1618. New York State School Boards Association, Inc. The trustee,\\ntrustees or board of education of any school district may determine to\\nexpend and raise by taxation annually such sums as may be required\\ntoward defraying the actual and necessary expenses of maintaining and\\ncontinuing the New York State School Boards Association, Inc., and any\\nof its activities in this state for the purpose of devising practical\\nways and means for obtaining greater economy and efficiency in the\\nadministration of school district affairs and projects.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1619", "title" : "Advertising for bids; letting of contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1619", "activeDate" : "2014-09-22", "sequenceNo" : 728, "repealedDate" : null, "fromSection" : "1619", "toSection" : "1619", "text" : " § 1619. Advertising for bids; letting of contracts. The trustees\\nshall let all contracts for public work and all purchase contracts to\\nthe lowest responsible bidder after advertisement for bids where so\\nrequired by section one hundred three of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A35", "title" : "Union Free School Districts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35", "activeDate" : "2014-09-22", "sequenceNo" : 729, "repealedDate" : null, "fromSection" : "1701", "toSection" : "1726", "text" : " ARTICLE 35\\n UNION FREE SCHOOL DISTRICTS\\nSection 1701. Boards of education corporate bodies.\\n 1702. Board of education; election; terms of office.\\n 1703. Change in number of members of board of education.\\n 1704. Length of school year, and expenditure of funds.\\n 1705. Annexing territory to a union free school district.\\n 1706. Power of removal of member of board of education.\\n 1707. Annual organizational meetings of boards of education.\\n 1708. Regular meetings; visitation of schools.\\n 1709. Powers and duties of boards of education.\\n 1709-a. Powers of boards of education to ban fraternities,\\n sororities and other secret societies.\\n 1710. Boards of education have powers of trustees of common\\n schools and trustees of academies.\\n 1711. Appointment of superintendent of schools.\\n 1712. Kindergartens; nursery and night schools.\\n 1713. Academy may be adopted as academic department.\\n 1714. Contracts with academies.\\n 1715. Retransfer of academy to its former trustees.\\n 1716. Estimated expenses for ensuing year.\\n 1717. Corporate authorities must raise tax certified by board\\n of education.\\n 1718. Limitation upon expenditures.\\n 1719. Deposit, custody and payment of moneys in villages.\\n 1720. Moneys and accounts in union free school districts.\\n 1721. Records; reports.\\n 1722. Application of article.\\n 1723-a. Temporary investment of school moneys.\\n 1724. Form and audit of claims.\\n 1725. Lease of personal property.\\n 1725-a. Powers of boards of education; instructional equipment.\\n 1726. Lease and lease-purchase of buildings.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1701", "title" : "Boards of education corporate bodies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1701", "activeDate" : "2014-09-22", "sequenceNo" : 730, "repealedDate" : null, "fromSection" : "1701", "toSection" : "1701", "text" : " § 1701. Boards of education corporate bodies. The board of education\\nof each union free school district is hereby created a body corporate\\nand it shall, at its first meeting and at each annual meeting\\nthereafter, elect one of its members president. It may also, in its\\ndiscretion, elect one of its members vice president, who shall have the\\npower to exercise the duties of the president in case of the absence or\\ndisability of the president. In case of vacancy in the office of\\npresident, the vice president shall act as president until a president\\nshall be elected. All property which is now vested in, or shall\\nhereafter be transferred to the board of education of a union free\\nschool district, for the use of schools in the district, shall be held\\nby them as a corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1702", "title" : "Board of education; election; terms of office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-09-13", "2025-07-04" ], "docLevelId" : "1702", "activeDate" : "2014-09-22", "sequenceNo" : 731, "repealedDate" : null, "fromSection" : "1702", "toSection" : "1702", "text" : " § 1702. Board of education; election; terms of office. 1. Whenever a\\nunion free school district shall be established, pursuant to the\\nprovisions of subdivision three of section fifteen hundred four of this\\nchapter, or, pursuant to the provisions of sections fifteen hundred\\ntwenty-two and fifteen hundred twenty-three of this chapter, it shall be\\nthe duty of the meeting at which such union free school district is\\nestablished to elect by ballot not less than three nor more than nine\\ntrustees, who shall, by the order of such meeting, be divided into a\\nsufficient number of classes so that as nearly as possible an equal\\nnumber of members shall be elected to the board each year, based upon a\\nnormal term of three, four or five years, as such meeting may determine.\\nThereafter there shall be elected in such districts, at the annual\\nmeeting, trustees to take the places of those whose terms of office\\nexpire. Such successors shall be elected to serve for a full term of\\nthree, four or five years, as the case may be.\\n 2. The trustees thus elected, shall enter at once upon their offices,\\nand the office of any existing trustees in such districts, before the\\nestablishment of a union free school district therein, shall cease,\\nexcept for the purposes stated in section fifteen hundred eighteen of\\nthis chapter. The said trustees and their successors in office shall\\nconstitute the board of education of the union free school district thus\\nestablished.\\n 3. Each union free school district, at the next annual meeting\\nsubsequent to the effective date of the chapter of the laws of two\\nthousand five which amended this subdivision, may submit to the\\nqualified voters of the district for approval, the issue of ex officio\\nstudent membership on the school district's board of education, by a\\nstudent attending a high school within such school district. Upon voter\\napproval, each such district shall establish a process for student\\nmembership selection pursuant to paragraph c of this subdivision. If,\\nprior to August fifth, two thousand three, a school district had a\\npolicy that allowed a student or students to be ex officio members of\\nthe school board, such policy shall be deemed to meet the requirements\\nof this subdivision and shall be deemed to have full legal effect. In\\nany district that contains more than one high school, such process shall\\ntake into consideration the number of high schools within the district\\nand provide for a mechanism which allows for fair representation among\\nthe schools. Such school district shall allow such selected student to\\nserve as an ex officio member of such district's board of education,\\nand, if so, provided further that:\\n a. The ex officio student member of the board shall be entitled to sit\\nwith board members at all public meetings of the board and participate\\nin all board hearings and meetings.\\n b. The ex officio student member of the board shall not be allowed to\\nvote, shall not be allowed to attend executive session, and shall not be\\nentitled to receive compensation of any form for participating at board\\nmeetings.\\n c. Notwithstanding any other law to the contrary, the ex officio\\nstudent member of the board may be any of the following: the student\\nthat has been duly elected as student president of the high school; a\\nstudent duly elected by the student body; a student selected by the high\\nschool student government; a student selected by the high school\\nprincipal; a student selected by the superintendent of schools; a\\nstudent selected by majority vote of the school board. Provided,\\nhowever, in districts having district-wide student governments or\\nadvisory committees, the student ex officio member shall be selected by\\nthe superintendent of schools from among the members of such\\ndistrict-wide student governments or advisory committees, subject to\\nratification by majority vote of the school board.\\n d. The ex officio student member shall be a senior at the high school\\nand shall have attended such high school for at least two years prior to\\nselection.\\n 3-a. Each union free school district may offer to the voters once\\nevery two years, on the same date as the annual school district budget\\nvote, a separate referendum to decide whether the school district shall\\nallow a student, as established under this section, to serve on the\\nschool board as an ex officio, non-voting member.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1703", "title" : "Change in number of members of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1703", "activeDate" : "2014-09-22", "sequenceNo" : 732, "repealedDate" : null, "fromSection" : "1703", "toSection" : "1703", "text" : " § 1703. Change in number of members of board of education. 1. The\\nnumber of members of the board of education of a union free school\\ndistrict may be increased or decreased at an annual meeting by a\\nmajority vote of the qualified voters present and voting to be\\nascertained by taking and recording the ayes and noes or by ballot. The\\nnumber of members of such board shall not be increased to more than nine\\nnor decreased to less than three.\\n 2. No vote shall be taken upon the proposition to increase or decrease\\nthe number of members of such board of education unless the notice of\\nthe annual meeting shall contain a statement to the effect that the\\nvoters of such district will vote upon such proposition. The board of\\neducation of any such district shall, upon the application of at least\\ntwenty-five voters or five percent of the number of voters who voted in\\nthe previous annual election of the members of the board of education,\\nwhichever is greater, such number to be determined by the number of\\npersons recorded on the poll list as having voted at such election,\\ninclude in the notice of the annual meeting a statement that the\\nproposition to increase or decrease such board will be presented to the\\nannual meeting for determination. If the board refuses or fails to give\\nsuch notice, the notice may be given in such manner as the commissioner\\nof education may direct.\\n 3. The additional members first elected shall be elected at a special\\nmeeting which shall be called by the board and be held not less than\\nthirty nor more than sixty days following the annual meeting at which\\nthe number was increased, and pending the first election of such\\nadditional members no vacancy shall be deemed to exist in the offices\\nthereof except for the purpose of filling the same by election,\\nnotwithstanding any inconsistent provision of any law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1704", "title" : "Length of school year, and expenditure of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1704", "activeDate" : "2014-09-22", "sequenceNo" : 733, "repealedDate" : null, "fromSection" : "1704", "toSection" : "1704", "text" : " § 1704. Length of school year, and expenditure of funds. 1. No board\\nof education or community board in the city school district of the city\\nof New York, except as otherwise provided by law, shall authorize or\\npermit the expenditure of funds under its control at a rate which will\\nexhaust the amount appropriated prior to the conclusion of the period or\\nthe completion of the purpose for which such funds were appropriated.\\n 2. Except as otherwise provided by law, no board of education or\\ncommunity board in the city school district of the city of New York\\nshall provide for a school year consisting of fewer than one hundred\\neighty days of school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1705", "title" : "Annexing territory to a union free school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1705", "activeDate" : "2014-09-22", "sequenceNo" : 734, "repealedDate" : null, "fromSection" : "1705", "toSection" : "1705", "text" : " § 1705. Annexing territory to a union free school district. 1.\\nTerritory may be annexed to a union free school district as provided in\\nthis section.\\n a. The commissioner is authorized and empowered to make and enter in\\nthe commissioner's office orders dissolving one or more common, union\\nfree or central school districts and annexing the territory of such\\ndistricts, or portions thereof, to one or more adjoining union free\\nschool districts, subject to approval of the voters of each school\\ndistrict affected thereby.\\n b. When an order annexing territory to a union free school district\\nhas been made and entered as provided in this section, the commissioner\\nshall, within ten days thereafter, cause certified copies of said order\\nto be filed with the clerk or school authorities of each school district\\naffected thereby. Within thirty days of filing of such order, the\\ncommissioner shall fix a time and place for a special meeting of the\\nqualified voters of each school district affected by the proposed\\nannexation and shall cause notice thereof to be posted at least ten days\\nbefore each such meeting in ten conspicuous places in the school\\ndistrict. In addition to the posting of such notice, a copy thereof\\nshall be duly published, at least three days before each such meeting,\\nin a daily or weekly newspaper published within, or in general\\ncirculation in, the school district in which such meeting is to be held.\\nThe expense of posting and publishing such notice shall be a charge upon\\nthe school district conducting such meeting.\\n 2. Except as provided in this subdivision, any special district\\nmeeting held pursuant to paragraph b of subdivision one of this section\\nshall be conducted in accordance with the procedures specified in\\nsection eighteen hundred three of this chapter.\\n a. At a meeting held pursuant to paragraph b of subdivision one of\\nthis section, a resolution in substantially the following form shall be\\npresented for the action and determination of the meeting, viz.:\\n\"Resolved that the...(insert simplified name of district in accordance\\nwith section three hundred fifteen of this chapter) school district be\\nannexed to the...union free school district (designate union free school\\ndistrict) as provided in the order of the commissioner of education now\\nbefore this meeting.\"\\n b. If at any such meeting the resolution described in paragraph a of\\nthis subdivision shall be presented and shall not be adopted, there\\nshall be no further proceedings at such meeting, except a motion to\\nreconsider the question. No such meeting shall again be called by the\\ncommissioner within one year after such original meeting. If no meeting\\nshall be called to reconsider the question within two years after such\\noriginal meeting, or if at any such meeting called within two years\\nafter such original meeting the resolution shall again be rejected by\\nthe voters, the order of the commissioner to which the resolution\\nrelates shall be deemed null and void and of no further force or effect.\\n c. If the resolution submitted to the voters as provided in paragraph\\na of this subdivision shall be adopted by the voters of each school\\ndistrict affected by the order of the commissioner, the territory\\ndescribed therein shall thereupon be annexed to the existing union free\\nschool district or districts as provided in such order.\\n 3. Whenever a common school district, union free school district or\\ncentral school district becomes a part of a union free school district\\npursuant to the provisions of this section, the union free school\\ndistrict of which any such district shall have become a part, shall\\nsucceed to all the property rights of such common, union free or central\\nschool districts and all indebtedness of any such school district\\nevidenced by bonds or notes or relating to school building construction\\nshall become a charge upon such union free school district of which such\\ndistrict shall have become a part, but all other indebtedness of any\\nsuch district shall be paid by any such district in accordance with the\\nprovisions of section fifteen hundred eighteen of this chapter and to\\nthat extent any such district shall continue to exist in law for the\\npurpose of providing for and paying all such indebtedness in accordance\\nwith the provisions of such section.\\n 4. Notwithstanding any other provision of law, whenever a common\\nschool district, union free school district or central school district\\nis annexed in its entirety to a union free school district pursuant to\\nthis section, all employees of the former school districts at the time\\nof dissolution shall immediately become employees of the reorganized\\nunion free school district, shall retain their tenure and/or employment\\nstatus and the seniority gained in the annexed district, and the\\nseniority list of the employees of the annexed school district shall be\\nmerged with the seniority list of the employees of the annexing school\\ndistrict. If the number of teaching positions needed to provide services\\nin the reorganized union free school district is less than the number of\\nteachers considered to be employees of the reorganized union free school\\ndistrict pursuant to this subdivision, the board of education shall\\nabolish the unneeded positions and place teachers on preferred eligible\\nlists in accordance with section three thousand thirteen of this\\nchapter. For salary, sick leave and other purposes, an employee's length\\nof service with the annexed school district shall be credited as\\nemployment time with the annexing union free school district. This\\nsection shall in no way be construed to limit the rights of any such\\nemployees set forth in this section granted by any other provision of\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1706", "title" : "Power of removal of member of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1706", "activeDate" : "2014-09-22", "sequenceNo" : 735, "repealedDate" : null, "fromSection" : "1706", "toSection" : "1706", "text" : " § 1706. Power of removal of member of board of education. For cause\\nshown, and after giving notice of the charge and opportunity of defense,\\nthe commissioner of education may remove any member of a board of\\neducation. Wilful disobedience of any lawful requirement of the\\ncommissioner of education, or a want of due diligence in obeying such\\nrequirement or wilful violation or neglect of duty is cause for removal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1707", "title" : "Annual organizational meetings of boards of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "1707", "activeDate" : "2014-09-22", "sequenceNo" : 736, "repealedDate" : null, "fromSection" : "1707", "toSection" : "1707", "text" : " § 1707. Annual organizational meetings of boards of education. 1. The\\nannual organizational meeting of the board of education of every union\\nfree school district shall be held on the first Tuesday in July of each\\nyear, unless said day shall be a legal holiday, in which event it shall\\nfall on the first Wednesday in July.\\n 2. The board of education may, however, by resolution, determine that\\nthe annual meeting be held at any time during the first fifteen days in\\nthe month of July.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1708", "title" : "Regular meetings; visitation of schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1708", "activeDate" : "2014-09-22", "sequenceNo" : 737, "repealedDate" : null, "fromSection" : "1708", "toSection" : "1708", "text" : " § 1708. Regular meetings; visitation of schools. 1. It shall be the\\nduty of each board of education elected pursuant to the provisions of\\nthis article to have a regular meeting at least once in each quarter.\\n 2. Each board shall appoint one or more committees, to visit every\\nschool or department under its supervision and such committee or\\ncommittees shall visit such schools at least once annually, and report\\nat the next regular meeting of the board on the condition thereof.\\n 3. The meetings of all such boards shall be open to the public, but\\nsaid boards may hold executive sessions, at which sessions only the\\nmembers of such boards or the persons invited shall be present.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1709", "title" : "Powers and duties of boards of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2019-08-09", "2019-09-13", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12", "2024-05-03", "2024-05-31", "2024-12-20", "2025-07-04" ], "docLevelId" : "1709", "activeDate" : "2014-09-22", "sequenceNo" : 738, "repealedDate" : null, "fromSection" : "1709", "toSection" : "1709", "text" : " § 1709. Powers and duties of boards of education. The said board of\\neducation of every union free school district shall have power, and it\\nshall be its duty:\\n 1. To adopt such by-laws and rules for its government as shall seem\\nproper in the discharge of the duties required under the provisions of\\nthis chapter.\\n 2. To establish such rules and regulations concerning the order and\\ndiscipline of the schools, in the several departments thereof, as they\\nmay deem necessary to secure the best educational results.\\n 3. To prescribe the course of study by which the pupils of the schools\\nshall be graded and classified, and to regulate the admission of pupils\\nand their transfer from one class or department to another, as their\\nscholarship shall warrant.\\n 4. To prescribe the text-books to be used in the schools, and to\\ncompel a uniformity in the use of the same, pursuant to the provisions\\nof this chapter, and to furnish the same to pupils out of any moneys\\nprovided for that purpose.\\n 4-a. To develop a plan to ensure that all instructional materials to\\nbe used in the schools of the district are available in a usable\\nalternative format for each student with a disability, as defined in\\nsection forty-four hundred one of this chapter, and for each student who\\nis a qualified individual with a disability as defined in the\\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\\namended, in accordance with his or her educational needs and course\\nselection, at the same time as such instructional materials are\\navailable to non-disabled students. As part of such plan, the board of\\neducation shall amend its procurement policies to give a preference in\\nthe purchase of instructional materials to vendors who agree to provide\\nmaterials in alternative formats. For purposes of this subdivision,\\n\"alternative format\" shall mean any medium or format for the\\npresentation of instructional materials, other than a traditional print\\ntextbook, that is needed as an accommodation for a disabled student\\nenrolled in the school district, including but not limited to Braille,\\nlarge print, open and closed captioned, audio, or an electronic file in\\nan approved format, as defined in the regulations of the commissioner.\\nWhen an electronic file is provided, the plan shall specify how the\\nformat will be accessed by students and/or how the district shall\\nconvert to an accessible format. Such plan shall identify the needs of\\nstudents residing in the district for alternative format materials. Such\\nplan shall also specify ordering timelines to ensure that alternative\\nformat materials are available at the same time as regular format\\nmaterials. Such plans shall include procedures to address the need to\\nobtain materials in alternative format without delay for disabled\\nstudents who move into the school district during the school year.\\n 5. To make provision for the instruction of pupils in all subjects in\\nwhich such instruction is required to be given under the provisions of\\narticle seventeen of this chapter.\\n 6. To purchase sites, or additions thereto, for recreation grounds,\\nfor agricultural education purposes, and for schoolhouses for the\\ndistrict, when designated by a meeting of the district; and to construct\\nsuch schoolhouses and other structures and additions thereto as may be\\nso designated; and to operate the facilities provided and to market any\\nsurplus of farm products that might be so raised and as may be so\\ndesignated; to purchase furniture and apparatus for such schoolhouses,\\nand to keep the furniture and apparatus therein in repair; and, when\\nauthorized by such meeting, to purchase implements, supplies, and\\napparatus for agricultural, athletic, playground, and social center\\npurposes.\\n 7. To lease, on a temporary basis, necessary space not located on\\nschool property, when the facilities of the district are overcrowded or\\ndamaged or destroyed, and to furnish and equip such space for school\\ndistrict use. The use of such space shall be subject to annual approval\\nby the commissioner.\\n 8. To insure the schoolhouses and their furniture, apparatus and\\nappurtenances, and the school library, in some insurance company created\\nby or under the laws of this state, or in some insurance company\\nauthorized by law to transact business in this state, and to comply with\\nthe conditions of the policy, and raise the sums required for premiums\\nby district tax; provided, however, that the members of the board shall\\nnot be personally liable for any claim arising out of the use or\\ncondition of the aforementioned property if the board, after due\\ndiligence, is unable to obtain such insurance.\\n 8-a. In its discretion to insure pupils against damage occasioned\\nbecause of accidental personal injuries sustained while participating in\\nphysical education classes, intramural and interscholastic sports\\nactivities, in such a company, and raise the sums required for premiums\\nby district tax.\\n 8-b. In its discretion, to purchase insurance against accidents to\\npupils occurring in school, on school grounds, while being transported\\nbetween home and school in a school bus as defined in section thirty-six\\nhundred twenty-one, and during sponsored trips.\\n 8-c. To establish and maintain a program of reserves not to exceed\\nthree per centum, exclusive of any planned balance presently authorized,\\nof the annual budget of the district to cover property loss and\\nliability claims. In the event that three per centum, exclusive of any\\nplanned balance presently authorized, of the annual budget of the\\ndistrict would result in less than fifteen thousand dollars, the total\\nreserve funds may be for an amount not to exceed fifteen thousand\\ndollars. Separate funds shall be established for property loss and for\\nliability claims and the separate identity of each fund shall be\\nmaintained whether its assets consist of cash or investments or both.\\nThe moneys in such funds shall be accounted for separate and apart from\\nall other funds of the school district, in the same manner as provided\\nin subdivision ten of section six-c of the general municipal law. Such\\nmoneys may be invested in accordance with section seventeen hundred\\ntwenty-three-a of this chapter. Any interest earned or capital gain\\nrealized on the moneys so deposited shall accrue and become part of such\\nfunds. Such reserve funds shall not be reduced to amounts less than the\\ntotal of the amounts estimated to be necessary to cover incurred but\\nunsettled claims or suits including expenses in connection therewith\\nother than by payments for losses for which such amounts were\\nestablished. Payments from such reserve funds shall not be made for\\npurposes other than those for which such funds were established without\\nauthorizations by vote of the electors of the district, except that such\\nboard may authorize use of such funds other than amounts allocated for\\nunsettled claims or suits including expenses in connection therewith to\\npay premiums for insurance policies purchased to insure subsequent\\nlosses in areas previously self-insured, in the event of dissolution of\\nthe self-insurance plan.\\n 9. To take charge and possession of the schoolhouses, sites, lots,\\nfurniture, books, apparatus, and all school property within its\\ndistrict; and the title of the same shall be vested respectively in said\\nboard of education.\\n 10. To alter and equip for use as a public library any former\\nschoolhouse or part thereof, the title to which is vested in the board,\\nwhen duly authorized by the qualified voters of the school district.\\n 11. To sell, when authorized by a vote of the qualified voters of the\\nschool district, any former school site or lot, or any real estate the\\ntitle to which is vested in the board, and the buildings thereon, and\\nappurtenances or any part thereof, at such price and upon such terms as\\nsaid voters shall prescribe, and to convey the same by deed to be\\nexecuted by the board or a majority of the members thereof. Also to\\nexchange real estate belonging to the district for the purpose of\\nimproving or changing schoolhouse sites. All deeds or other conveyances\\nof real property heretofore made and delivered, executed by said board\\nof education by its officers, or in the manner in which deeds are\\nexecuted by corporations, or executed in any other manner, shall be as\\nvalid and of the same force and effect as if executed by said board of\\neducation or a majority of the members thereof; but this provision shall\\nnot affect any action or proceeding pending at the time of the taking\\neffect hereof.\\n 12. To take and hold for the use of the said schools or of any\\ndepartment of the same, any real estate transferred to it by gift,\\ngrant, bequest or devise, or any gift, legacy or annuity, of whatever\\nkind, given or bequeathed to the said board, and apply the same, or the\\ninterest or proceeds thereof, according to the instructions of the donor\\nor testator.\\n 12-a. To take and hold in trust for the purpose of awarding\\nscholarships in said schools any real estate transferred to it by gift,\\ngrant, bequest or devise, or any gift, legacy or annuity, of whatever\\nkind, given or bequeathed to said board and apply the same, or the\\ninterest or proceeds thereof, according to the instructions of the donor\\nor testator.\\n 13. To have in all respects the superintendence, management and\\ncontrol of said union free schools, and to establish therein, in\\nconformity with the regents rules, an academic department, whenever in\\ntheir judgment the same is warranted by the demand for such instruction;\\nto receive into said union free schools any pupils residing out of said\\ndistrict, and to regulate and establish the tuition fees of such\\nnonresident pupils in the several departments of said schools.\\n 14. To provide fuel, furniture, apparatus and other necessaries for\\nthe use of said schools.\\n 15. To appoint such librarians as they may from time to time deem\\nnecessary.\\n 16. To contract with and employ such persons as by the provisions of\\nthis chapter are qualified teachers, to determine the number of teachers\\nto be employed in the several departments of instruction in said school,\\nand at the time of such employment, to make and deliver to each teacher\\na written contract as required by section three thousand eleven of this\\nchapter, except as otherwise provided by sections three thousand twelve\\nand three thousand thirteen; and employ such persons as may be necessary\\nto supervise, organize, conduct and maintain athletic, playground and\\nsocial center activities, or for any one or more of such purposes; and\\nto adopt rules and regulations governing the excusing of absences of all\\nteachers and other employees and for the granting of leaves of absence\\nto such employees either with or without pay. The regular teachers of\\nthe school may be employed at an increased compensation or otherwise,\\nand by separate agreement, written or oral, for one or more of such\\npurposes.\\n 17. To fill any vacancy which may occur in said board by reason of the\\ndeath, resignation, removal from office or from the school district, or\\nrefusal to serve, of any member or officer of said board; and the person\\nso appointed in the place of any such member of the board shall hold his\\noffice until the next regular school district election. The person\\nelected to fill such vacancy shall take office immediately upon filing\\nof his official oath of office with the district clerk.\\n 18. To remove any member of their board for official misconduct. But a\\nwritten copy of all charges made of such misconduct shall be served upon\\nhim at least ten days before the time appointed for a hearing of the\\nsame; and he shall be allowed a full and fair opportunity to refute such\\ncharges before removal.\\n 19. To provide and maintain suitable and convenient waterclosets as\\nprovided in section four hundred eleven of this chapter.\\n 20. To raise by tax upon the property of the district any moneys\\nrequired to pay the salary of teachers employed.\\n 20-a. a. In its discretion to adopt a resolution establishing the\\noffice of claims auditor and appoint a claims auditor who shall hold his\\nor her position subject to the pleasure of such board of education. In\\nits discretion, the board of education may adopt a resolution\\nestablishing the office of deputy claims auditor who shall act as claims\\nauditor in the absence of the claims auditor. Such claims auditor shall\\nreport directly to the board of education. No person shall be eligible\\nfor appointment to the office of claims auditor or deputy claims auditor\\nwho shall also be:\\n (1) a member of the board of education;\\n (2) the clerk or treasurer of the board of education;\\n (3) the superintendent of schools or other official of the district\\nresponsible for business management;\\n (4) the person designated as purchasing agent; or\\n (5) clerical or professional personnel directly involved in accounting\\nand purchasing functions of the school district.\\n b. Such claims auditor or deputy claims auditor shall not be required\\nto be a resident of the district, and such position shall be classified\\nin the exempt class of the civil service. Such board of education, at\\nany time after the establishment of the office of claims auditor or\\ndeputy claims auditor, may adopt a resolution abolishing such office,\\nwhereupon such office shall be abolished. When the office of claims\\nauditor shall have been established and a claims auditor shall have been\\nappointed and shall have qualified, the powers and duties of the board\\nof education with respect to claims auditing, allowing or rejecting all\\naccounts, charges, claims or demands against the school district shall\\ndevolve upon and thereafter be exercised by such claims auditor, during\\nthe continuance of such office. A board shall be permitted to delegate\\nthe claims audit function to one or more independent entities by using\\n(1) inter-municipal cooperative agreements, (2) shared services to the\\nextent authorized by section nineteen hundred fifty of this title, or\\n(3) independent contractors, to fulfill this function.\\n c. When the board of education delegates the claims audit function\\nusing an inter-municipal cooperative agreement, shared service\\nauthorized by section nineteen hundred fifty of this title, or an\\nindependent contractor, the board shall be responsible for auditing all\\nclaims for services from the entity providing the delegated claims\\nauditor, either directly or through a delegation to a different\\nindependent entity.\\n 21. To provide school health services, as defined in subdivision two\\nof section nine hundred one of this chapter, to all children in\\nattendance upon schools under their supervision and to pay any expense\\nincurred therefor.\\n 22. To provide, purchase, lease, furnish and maintain buildings or\\nother suitable accommodations for the use of teachers or other employees\\nof the district when duly authorized by a meeting of the district and to\\nraise by tax upon the taxable property of the district and moneys\\nnecessary for such purposes; and also to provide, maintain and operate a\\ncafeteria or restaurant service for the use of pupils and teachers while\\nat school. Such cafeteria may be used by the community for school\\nrelated functions and activities and to furnish meals to the elderly\\nresidents, sixty years of age or older, of the district. Such\\nutilization shall be subject to the approval of the board of education.\\nCharges shall be sufficient to meet the direct cost of preparing and\\nserving such meals, reducible by available reimbursements.\\n 23. To provide milk for pupils within the limitations of an\\nappropriation made therefor.\\n 24. To provide transportation, home-teaching or special classes, as\\ndefined under sections forty-four hundred one and forty-four hundred two\\nof this chapter for physically or mentallly handicapped and delinquent\\nchildren. Such transportation, home-teaching or special classes, when\\nprovided pursuant to this subdivision, shall be granted to all such\\nchildren irrespective of the school they legally attend.\\n 25. a. To purchase and maintain, when authorized by a vote of the\\nqualified voters of the school district, a motor vehicle or vehicles to\\nbe used for the transportation of the school children of the district.\\nAny replacement of a motor vehicle or vehicles, necessitated by damage\\nto or loss of such vehicles, owned by the school district and used for\\nthe transportation of pupils residing within the district, may be\\npurchased by the board of education without voter approval, using any\\nunencumbered funds in the general fund or by the issuance of budget\\nnotes in accordance with section 29.00 of the local finance law, in\\naddition to any available insurance proceeds.\\n b. Such motor vehicle or vehicles may be leased to another school\\ndistrict or to a board of cooperative educational services or to a\\ncounty vocational education and extension board or to an Indian tribe\\nfor educational purposes when not needed for such transportation.\\n c. Likewise when not so needed such motor vehicle or vehicles may be\\nleased to a school district or an Indian tribe, for the purpose of\\ntransporting children and instructors in connection with (1) a\\nrecreation project or a youth service project operated by a school\\ndistrict or by an Indian tribe, if such project is authorized and\\napproved by the state youth commission, or (2) a youth bureau or agency\\nor activity or project of a county, town, city, village or an Indian\\ntribe which is devoted to the welfare of youth therein or to providing\\nleisure-time activities for youth or assistance to children, as\\nauthorized in section ninety-five of the general municipal law, or (3)\\none or more playgrounds and neighborhood recreation centers operated and\\nmaintained by one or more cities except New York, Buffalo and Rochester,\\ncounties except Erie and the counties within the city of New York,\\ntowns, villages, or Indian tribes, whether or not any school board or\\ndistrict joins in such operating and maintaining, as authorized in\\nsection two hundred forty-four-b of the general municipal law.\\n d. The board of education may lease such motor vehicle or vehicles\\nfrom a board of cooperative educational services or from a county\\nvocational education and extension board.\\n e. Under emergency conditions, as determined by the commissioner, the\\nboard of education may lease such vehicle or vehicles from sources other\\nthan a school district, board of cooperative educational services or\\ncounty vocational education and extension board.\\n f. In any case when such motor vehicle shall be leased as provided in\\nthis subdivision, public liability and property damage insurance, fire\\ninsurance and compensation insurance of drivers shall be provided and\\ncollision insurance shall be provided in the amount of the value of the\\nvehicle, to protect the lessor. The additional cost of such insurance\\nshall be paid by the lessee. No part of the costs and expenses resulting\\nfrom operation, maintenance and repair of such vehicles during the\\nleasing thereof shall be included in determining the amount of any form\\nof state aid received by such school district.\\n g. The board of education is authorized to provide regional\\ntransportation services by rendering such services jointly with other\\nschool districts or boards of cooperative educational services. Such\\nservices may include pupil transportation between home and school,\\ntransportation during the day to and from school and a special education\\nprogram or service or a program at a board of cooperative educational\\nservices or an approved shared program at another school district,\\ntransportation for field trips or to and from extracurricular\\nactivities, and cooperative school bus maintenance.\\n h. The board of education is authorized to enter into a contract with\\nanother school district, a county, municipality, or the state office of\\nchildren and family services to provide transportation for children,\\nincluding contracts to provide such transportation as regional\\ntransportation services, provided that the contract cost is appropriate.\\nIn determining the appropriate transportation contract cost, the\\ntransportation service provider school district shall use a calculation\\nconsistent with regulations adopted by the commissioner for the purpose\\nof assuring that charges reflect the true costs that would be incurred\\nby a prudent person in the conduct of a competitive transportation\\nbusiness.\\n * i. In addition to the authority granted in paragraph e of this\\nsubdivision, the board of education shall be authorized to lease a motor\\nvehicle or vehicles to be used for the transportation of the children of\\nthe district from sources other than a school district, board of\\ncooperative educational services or county vocational education and\\nextension board under the conditions specified in this paragraph. No\\nsuch agreement for the lease of a motor vehicle or vehicles shall be for\\na term of more than one school year, provided that when authorized by a\\nvote of the qualified voters of the district such lease may have a term\\nof up to five years. Where the board of education enters a lease of a\\nmotor vehicle or vehicles pursuant to this paragraph for a term of one\\nschool year or less, such board shall not be authorized to enter into\\nanother lease of the same or an equivalent replacement vehicle or\\nvehicles, as determined by the commissioner, without obtaining approval\\nof the voters.\\n * NB Repealed September 1, 2015\\n 26. To pay any judgment levied against the school district and in the\\nevent there are no moneys otherwise available, to levy a tax upon the\\ntaxable property of the district to pay the same.\\n 27. To contract with any person, corporation or other school district\\nfor the conveyance of pupils residing within the district, when\\nauthorized to do so under subdivision nineteen of section two thousand\\ntwenty-one of this chapter, by vote of the inhabitants of the district\\nentitled to vote, or to contract for the operation, maintenance and\\ngaraging of motor vehicles owned by the district, in accordance with\\nsuch rules and regulations as such board of education may establish,\\nconsistent with the regulations of the commissioner. Upon authorization\\nby a school district meeting, every such contract of transportation may\\nbe made for a period not exceeding five years, notwithstanding any\\nprovision of any other law inconsistent herewith.\\n 28. To furnish lighting facilities, janitorial care and supervision\\nfor highway underpasses when authorized to do so by vote of a district\\nmeeting under the provisions of subdivision twenty of section two\\nthousand fifteen of this chapter.\\n 29. To establish a petty cash fund for the use of such school district\\nofficers and employees as may be designated by the board of education\\nfor the payment, in advance of authorization, of properly itemized bills\\nfor materials, supplies or services furnished to the school district\\nunder conditions calling for immediate payment to the vendor upon\\ndelivery of any such materials or supplies or the rendering of any such\\nservices. The amount of such a petty cash fund, the method of handling\\nsame and the officers and employees eligible to use such fund shall be\\nin accordance with regulations established by the commissioner.\\n * 30. To provide, in its discretion, compensation to a speaker or\\nspeakers at commencement day exercises in such amount as may be\\ndetermined by the board.\\n * NB There are 2 sub 30's\\n * 30. To reimburse candidates for teaching positions for actual travel\\nand other necessary expenses incurred by them in appearing for purposes\\nof interview or observation with respect to such positions, when such\\nappearance is made upon the request of any authorized representative of\\nthe board and when such reimbursement is deemed appropriate and proper\\nby the board, in its discretion, to aid in the obtaining of qualified\\npersons for such positions.\\n * NB There are 2 sub 30's\\n 31. To explore, develop and produce natural gas solely for school\\ndistrict purposes in accordance with section three hundred sixty-eight\\nof the general municipal law.\\n 32. To provide, in its discretion, in-service training for its\\nteachers.\\n 33. To have in all respects the superintendence, management and\\ncontrol of the educational affairs of the district, and, therefore,\\nshall have all the powers reasonably necessary to exercise powers\\ngranted expressly or by implication and to discharge duties imposed\\nexpressly or by implication by this chapter or other statutes.\\n 34. To provide workmen's compensation coverage as provided in the\\nworkmen's compensation law for all teachers and other employees for\\ninjuries incurred in actual performance of duty.\\n 34-a. In its discretion, to provide under a group insurance policy or\\npolicies issued by any insurance company or insurance companies\\nauthorized to do business in this state or under a group contract issued\\nby one or more corporations subject to article forty-three of the\\ninsurance law, life insurance or accident and health insurance benefits\\nor medical and surgical benefits or hospital service benefits or any two\\nor more of such kinds of benefits to teachers and other employees of the\\nschool district who participate in a plan or plans, as hereinafter\\nprovided. The disbursing officer of the school district is authorized to\\ndeduct from the salary of such participant with his prior consent, in\\nwriting, the sums representing the participant's share of the premium or\\npremiums which are payable by such officer to such insurance company or\\ncorporation. Such board of education is authorized to pay from such\\nmoneys as are available for the purpose, a share of the cost of such\\nbenefit or benefits in such amount as is required to be paid under such\\ngroup insurance policy or policies or group contract or contracts by the\\nboard of education, as employer. The sum to be paid by the board of\\neducation under such policy or policies or contract or contracts, in the\\ndiscretion of such board may be any percentage of the total cost of the\\nbenefit or benefits including the whole thereof.\\n 34-b. In its discretion, to purchase insurance against personal\\ninjuries incurred by an authorized participant in a school volunteer\\nprogram, including but not limited to, those authorized participants who\\nassist on school buses, school sponsored transportation to and from\\nschool, or on school sponsored field trips or any other school sponsored\\nactivity; provided, however, that the injuries were incurred while the\\nauthorized participant was functioning either within the scope of his or\\nher authorized volunteer duties or under the direction of the board of\\neducation, trustee, or board of cooperative educational services, or\\nboth.\\n 35. In its discretion, and with the written consent of any employee,\\nto deduct from the salary of such employee such amount as may be agreed\\nto by such employee for payment to any credit union doing business in\\nthe state of New York as such employee may designate. Any such written\\nauthorization may be withdrawn by such employee at any time.\\n 37. In its discretion to provide that the proceeds of the sale or\\nappropriation of school district real property shall, after being used\\nfor any legally required purpose, be used to reduce real property taxes\\nin such district for a period not to exceed ten school years, or such\\nlesser period as it may direct. Such proceeds may be invested and any\\ninterest obtained may also be used for such purpose. Such reserve fund\\nshall be invested and reinvested pursuant to the provisions of\\nsubdivision two of section seventeen hundred twenty-three-a of this\\narticle.\\n 38. To offer monetary rewards, in sums not to exceed one thousand\\ndollars, to individuals for information leading to the arrest and\\nconviction of any person or persons for felonies or misdemeanors\\ndirectly connected to vandalism of district property. Such rewards may\\nbe offered on any conditions such board of education may determine,\\nsubject to whatever qualifications it may deem appropriate.\\n * 39. a. Shall require, for purposes of a criminal history record\\ncheck, the fingerprinting of all prospective employees pursuant to\\nsection three thousand thirty-five of this chapter, who do not hold\\nvalid clearance pursuant to such section or pursuant to section three\\nthousand four-b of this chapter or section five hundred nine-cc or\\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\\ninitiating the fingerprinting process, the prospective employer shall\\nfurnish the applicant with the form described in paragraph (c) of\\nsubdivision thirty of section three hundred five of this chapter and\\nshall obtain the applicant's consent to the criminal history records\\nsearch. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the commissioner for purposes of\\nclearance for employment.\\n b. Upon the recommendation of the superintendent, the board may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance shall be forwarded to the commissioner along with the\\nprospective employee's fingerprints, as required by paragraph a of this\\nsubdivision. Such appointment shall not commence until notification by\\nthe commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n c. Upon the recommendation of the superintendent, the board may make\\nan emergency conditional appointment when an unforeseen emergency\\nvacancy has occurred. When such appointment is made, the process for\\nconditional appointment pursuant to paragraph b of this subdivision must\\nalso be initiated. Emergency conditional appointment may commence prior\\nto notification from the commissioner on conditional clearance but shall\\nterminate twenty business days from the date such appointment commences\\nor when the prospective employer is notified by the commissioner\\nregarding conditional clearance, whichever occurs earlier, provided that\\nif conditional clearance is granted the appointment shall continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (ii) when no other qualified person\\nis available to fill the vacancy temporarily; and (iii) when emergency\\nconditional appointment is necessary to maintain services which the\\ndistrict is legally required to provide or services necessary to protect\\nthe health, education or safety of students or staff. The provisions of\\nsubparagraph (i) of this paragraph shall not apply if the board finds\\nthat the district has been unable to fill the vacancy despite good faith\\nefforts to fill such vacancy in a manner which would have allowed\\nsufficient time for clearance or conditional clearance.\\n d. Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * 39. Shall require, for purposes of a criminal history record check,\\nthe fingerprinting of all prospective employees pursuant to section\\nthree thousand thirty-five of this chapter, who do not hold valid\\nclearance pursuant to such section or pursuant to section three thousand\\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history records search. Every set of\\nfingerprints taken pursuant to this subdivision shall be promptly\\nsubmitted to the commissioner for purposes of clearance for employment.\\n * NB Effective July 1, 2015\\n 40. Shall upon commencement and termination of employment of an\\nemployee by the school district, provide the commissioner with the name\\nof and position held by such employee.\\n 41. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n 42. a. To enter into a lease, sublease or other agreement with the\\ndormitory authority providing for the financing or refinancing of all or\\na portion of school district capital facilities or school district\\ncapital equipment in accordance with section sixteen hundred eighty of\\nthe public authorities law and with the approval of the commissioner.\\nSuch lease, sublease, or other agreement may provide for the payment of\\nannual or other payments to the dormitory authority, and contain such\\nother terms and conditions as may be agreed upon by the parties thereto,\\nincluding the establishment of reserve funds and indemnities. For\\npurposes of this subdivision, school district capital equipment shall\\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\\nof the public authorities law.\\n b. Notwithstanding any provisions of law to the contrary, the\\ndormitory authority and the board of education are hereby authorized and\\nempowered to perform any and all acts and to enter into any and all\\nagreements necessary or desirable to effectuate the purposes of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1709-A", "title" : "Powers of boards of education to ban fraternities, sororities and other secret societies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1709-A", "activeDate" : "2014-09-22", "sequenceNo" : 739, "repealedDate" : null, "fromSection" : "1709-A", "toSection" : "1709-A", "text" : " § 1709-a. Powers of boards of education to ban fraternities,\\nsororities and other secret societies. 1. In its discretion, the board\\nof education of each school district, may adopt rules and regulations to\\nabolish and/or prohibit any fraternity, sorority or other secret society\\nin any secondary school under its jurisdiction.\\n 1 (a) Prior to the adoption and promulgation of a rule or regulation\\nin accordance with the provisions of subdivision one of this section by\\nany board of education of a school district, the board of education of\\nthe school district must find that the fraternity, sorority or secret\\nsociety group has by virtue of its activities caused or created a\\ndisruption of or interference with the academic processes of any\\nsecondary school within its jurisdiction or caused or created any\\ninterference with or disruption of the academic progress of any\\nindividual student or students in any secondary school within its\\njurisdiction.\\n 2. For the purposes of this chapter a fraternity, sorority or secret\\nsociety shall mean any organization composed wholly or in part of pupils\\nenrolled in public secondary schools which exists or seeks to perpetuate\\nitself by taking in additional members from the pupils enrolled in such\\nschools on the decision of the membership rather than upon the free\\nchoice of any pupil in such school but shall not be construed to include\\norganizations institutionally sponsored by agencies of public welfare,\\nthe Boy Scouts of America, the Girl Scouts of America, the Campfire\\nGirls, Young Men's Christian Association, Young Women's Christian\\nAssociation, Young Men's Hebrew Association, Young Women's Hebrew\\nAssociation, Catholic Youth Organization, Kiwanis International, Hi-Y or\\nother similar organizations without limitation to the foregoing.\\n 3. Upon and after the adoption and promulgation of a rule or\\nregulation in accordance with the provisions of subdivision one of this\\nsection by the board of education of any such school district, such\\nboard of education may in any secondary school under it's jurisdiction\\ndiscipline any pupil who shall promise to join, or shall become a member\\nof, or shall remain a member of, or shall solicit other persons to join\\nany such fraternity, sorority or secret society.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1710", "title" : "Boards of education have powers of trustees of common schools and trustees of academies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1710", "activeDate" : "2014-09-22", "sequenceNo" : 740, "repealedDate" : null, "fromSection" : "1710", "toSection" : "1710", "text" : " § 1710. Boards of education have powers of trustees of common schools\\nand trustees of academies. The board of education of a union free\\nschool district shall possess all the powers and privileges, and be\\nsubject to all the duties, which the trustees of common school districts\\npossess or are subject to under this chapter, not especially provided\\nfor in this article, and not inconsistent with the provisions of this\\narticle, including, but not limited to, those provided for in sections\\nsixteen hundred four, sixteen hundred six to sixteen hundred seventeen,\\nboth inclusive, and sixteen hundred nineteen of this chapter; and shall\\nenjoy, whenever an academic department shall be by them established, all\\nthe immunities and privileges now enjoyed by the trustees of academies\\nin this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1711", "title" : "Appointment of superintendent of schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1711", "activeDate" : "2014-09-22", "sequenceNo" : 741, "repealedDate" : null, "fromSection" : "1711", "toSection" : "1711", "text" : " § 1711. Appointment of superintendent of schools. 1. The board of\\neducation of any union free school district may appoint a superintendent\\nconsistent with the provisions of this section.\\n 2. Such superintendent shall possess, unless otherwise specified by\\nthe by-laws of the board of education, the following powers and be\\ncharged with the following duties:\\n a. To be the chief executive officer of the school district and the\\neducational system, and to have the right to speak on all matters before\\nthe board, but not to vote.\\n b. To enforce all provisions of law and all rules and regulations\\nrelating to the management of the schools and other educational, social\\nand recreational activities under the direction of the board of\\neducation.\\n c. To prepare the content of each course of study authorized by the\\nboard of education. The content of each such course shall be submitted\\nto the board of education for its approval and, when thus approved, the\\nsuperintendent shall cause such courses of study to be used in the\\ngrades, classes and schools for which they are authorized.\\n d. To recommend suitable lists of textbooks to be used in the schools.\\n e. To have supervision and direction of associate, assistant and other\\nsuperintendents, directors, supervisors, principals, teachers,\\nlecturers, medical inspectors, nurses, claims auditors, deputy claims\\nauditors, attendance officers, janitors and other persons employed in\\nthe management of the schools or the other educational activities of the\\ndistrict authorized by this chapter and under the direction and\\nmanagement of the board of education; to transfer teachers from one\\nschool to another, or from one grade of the course of study to another\\ngrade in such course, and to report immediately such transfers to such\\nboard for its consideration and actions; to report to such board\\nviolations of regulations and cases of insubordination, and to suspend\\nan associate, assistant or other superintendent, director, supervisor,\\nexpert, principal, teacher or other employee until the next regular\\nmeeting of such board, when all facts relating to the case shall be\\nsubmitted to such board for its consideration and action.\\n f. To have supervision and direction over the enforcement and\\nobservance of the courses of study, the examination and promotion of\\npupils, and over all other matters pertaining to playgrounds, medical\\ninspection, recreation and social center work, libraries, lectures, and\\nall other education activities under the management, direction and\\ncontrol of the board of education.\\n 3. Such superintendent shall be under the direction of the board of\\neducation, which shall prescribe his or her powers and duties, except as\\notherwise provided in subdivision two of this section. The\\nsuperintendent shall be paid a salary, to be fixed by the board of\\neducation, and he may be removed from office by a vote of the majority\\nof all the members of such board, provided, however, that a board of\\neducation may enter into a contract with such superintendent for a\\nperiod of not less than three and not more than five years, and upon\\nsuch other terms as shall be mutually acceptable to the parties,\\nincluding but not limited to, fringe benefits and procedures for\\ntermination by either party prior to the expiration of the term of such\\ncontract. The services of such a superintendent of schools may be\\ndiscontinued at any time by a majority vote of the board of education,\\nand upon sixty days notice in writing to the superintendent of schools.\\nThe other terms of any such contract, including any provisions relating\\nto an increase in salary, compensation or other benefits, shall not be\\nbased on or tied to the terms of any contract or collective bargaining\\nagreement that the board of education has or will enter with the\\nteachers or other employees of the school district.\\n 4. Notwithstanding any inconsistent provision of law, the provisions\\nof paragraph e of subdivision two of this section relating to the\\ntransfer of teachers may be modified by an agreement that is\\ncollectively negotiated pursuant to the provisions of article fourteen\\nof the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1712", "title" : "Kindergartens; nursery and night schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1712", "activeDate" : "2014-09-22", "sequenceNo" : 742, "repealedDate" : null, "fromSection" : "1712", "toSection" : "1712", "text" : " § 1712. Kindergartens; nursery and night schools. 1. The board of\\neducation of each school district may maintain kindergartens which shall\\nbe free to resident children between the ages of four and six years,\\nprovided, however, such board may fix a higher minimum age for admission\\nto such kindergartens.\\n 2. A board of education may maintain nursery schools which shall be\\nfree to resident children and may fix the age for admission.\\n 3. Night schools wherein the common branches and such additional\\nsubjects as may be adapted to students applying for instruction are\\ntaught on at least two nights each week, for two hours each night, shall\\nbe maintained by the board of education and in each school district\\nwhere twenty or more persons from seventeen to twenty-one years of age\\nare required to attend upon evening instruction, or where twenty or more\\npersons over the age of sixteen years make applications for instruction\\nin a night school, on at least fifty nights. All night schools shall be\\nfree to all persons residing in the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1713", "title" : "Academy may be adopted as academic department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1713", "activeDate" : "2014-09-22", "sequenceNo" : 743, "repealedDate" : null, "fromSection" : "1713", "toSection" : "1713", "text" : " § 1713. Academy may be adopted as academic department. Whenever a\\nunion free school district shall be established under the provisions of\\narticle thirty-one, and there shall exist within the district an\\nacademy, the board of education, when authorized by a vote of the voters\\nof the district, may adopt such academy as the academic department of\\nthe district, with the consent of the trustees of the academy, and\\nthereupon the trustees by a resolution to be attested by the signatures\\nof the officers of the board and filed in the office of the clerk of the\\ncounty, shall declare their offices vacant, and thereafter the said\\nacademy shall be the academic department of such union free school\\ndistrict. The board of education when thereto authorized by a vote of\\nthe qualified voters of the district may lease said academy and site,\\nand maintain the academic department of such union free school district\\ntherein and thereon.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1714", "title" : "Contracts with academies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1714", "activeDate" : "2014-09-22", "sequenceNo" : 744, "repealedDate" : null, "fromSection" : "1714", "toSection" : "1714", "text" : " § 1714. Contracts with academies. The board of education of a union\\nfree school district, with the approval of the commissioner of\\neducation, may adopt an academy as the academic department thereof, and\\ncontract for the instruction therein of pupils of academic grade,\\nresiding in the district. The academy thereupon becomes the academic\\ndepartment of such union free school district, and the district is\\nentitled to the same rights and privileges, is subject to the same\\nduties, and the apportionment and distribution of state school money\\nshall be made to it, as if an academic department had been established\\nin such district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1715", "title" : "Retransfer of academy to its former trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1715", "activeDate" : "2014-09-22", "sequenceNo" : 745, "repealedDate" : null, "fromSection" : "1715", "toSection" : "1715", "text" : " § 1715. Retransfer of academy to its former trustees. If there shall\\nbe, in a dissolved union free school district, an academy which shall\\nhave been adopted as the academic department of the union free school\\ndistrict, under the provisions of title nine, chapter five hundred\\nfifty-five of the laws of eighteen hundred sixty-four, and any amendment\\nthereof, or title eight of chapter five hundred fifty-six of the laws of\\neighteen hundred ninety-four, and any amendment thereof, or under this\\nchapter, it shall, upon the application of a majority of the surviving\\nresident former trustees or stockholders, be transferred by the board of\\neducation to said former trustees or stockholders.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1716", "title" : "Estimated expenses for ensuing year", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2017-01-13", "2017-07-07", "2017-08-18", "2019-04-19" ], "docLevelId" : "1716", "activeDate" : "2014-09-22", "sequenceNo" : 746, "repealedDate" : null, "fromSection" : "1716", "toSection" : "1716", "text" : " § 1716. Estimated expenses for ensuing year. 1. It shall be the duty\\nof the board of education of each district to present at the annual\\nbudget hearing a detailed statement in writing of the amount of money\\nwhich will be required for the ensuing year for school purposes,\\nspecifying the several purposes and the amount for each. The amount for\\neach purpose estimated necessary for payments to boards of cooperative\\neducational services shall be shown in full, with no deduction of\\nestimated state aid. The amount of state aid provided and its percentage\\nrelationship to the total expenditures shall also be shown. This section\\nshall not be construed to prevent the board from presenting such\\nstatement at a budget hearing held not less than seven nor more than\\nfourteen days prior to a special meeting called for the purpose, nor\\nfrom presenting a supplementary and amended statement or estimate at any\\ntime.\\n 2. Such statement shall be completed at least seven days before the\\nbudget hearing at which it is to be presented and copies thereof shall\\nbe prepared and made available, upon request and at the school district\\noffices, at any public library or free association library within the\\ndistrict and on the school district's internet website, if one exists,\\nto residents within the district during the period of fourteen days\\nimmediately preceding the annual meeting and election or special\\ndistrict meeting at which the budget vote will occur and at such meeting\\nor hearing. The board shall also as a part of the notice required by\\nsection two thousand four of this chapter give notice of the date, time\\nand place of the budget hearing and that a copy of such statement may be\\nobtained by any resident in the district at each schoolhouse in the\\ndistrict in which school is maintained during certain designated hours\\non each day other than a Saturday, Sunday or holiday during the fourteen\\ndays immediately preceding such meeting. The board shall include notice\\nof the availability of such statement at least once during the school\\nyear in any district-wide mailing distributed.\\n 3. Commencing with the proposed budget for the nineteen hundred\\nninety-seven--ninety-eight school year, such proposed budget shall be in\\nplain language and shall be consistent with regulations promulgated by\\nthe commissioner pursuant to subdivision twenty-six of section three\\nhundred five of this chapter. Categorization of and format for revenue,\\nincluding payments in lieu of taxes, property tax refunds from\\ncertiorari proceedings, expenditure, transfer, and fund balance\\ninformation and changes in such data from the prior year and, in the\\ncase of a resubmitted or amended budget, changes in such information\\nfrom the prior year submitted budget, shall be complete and accurate and\\nset forth in such a manner as to best promote public comprehension and\\nreadability.\\n 4. Commencing with the proposed budget for the nineteen hundred\\nninety-eight--ninety-nine school year, such proposed budget shall be\\npresented in three components: a program component, a capital component\\nand an administrative component which shall be separately delineated in\\naccordance with regulations of the commissioner after consultation with\\nlocal school district officials. The administrative component shall\\ninclude, but need not be limited to, office and central administrative\\nexpenses, traveling expenses and all compensation, salaries and benefits\\nof all school administrators and supervisors, including business\\nadministrators, superintendents of schools and deputy, assistant,\\nassociate or other superintendents under all existing employment\\ncontracts or collective bargaining agreements, any and all expenditures\\nassociated with the operation of the board of education, the office of\\nthe superintendent of schools, general administration, the school\\nbusiness office, consulting costs not directly related to direct student\\nservices and programs, planning and all other administrative activities.\\nThe program component shall include, but need not be limited to, all\\nprogram expenditures of the school district, including the salaries and\\nbenefits of teachers and any school administrators or supervisors who\\nspend a majority of their time performing teaching duties, and all\\ntransportation operating expenses. The capital component shall include,\\nbut need not be limited to, all transportation capital, debt service,\\nand lease expenditures; costs resulting from judgments in tax certiorari\\nproceedings or the payment of awards from court judgments,\\nadministrative orders or settled or compromised claims; and all\\nfacilities costs of the school district, including facilities lease\\nexpenditures, the annual debt service and total debt for all facilities\\nfinanced by bonds and notes of the school district, and the costs of\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof school buildings, provided that such budget shall include a rental,\\noperations and maintenance section that includes base rent costs, total\\nrent costs, operation and maintenance charges, cost per square foot for\\neach facility leased by the school district, and any and all\\nexpenditures associated with custodial salaries and benefits, service\\ncontracts, supplies, utilities, and maintenance and repairs of school\\nfacilities. For the purposes of the development of a budget for the\\nnineteen hundred ninety-eight--ninety-nine school year, the board of\\neducation shall separate the district's program, capital and\\nadministrative costs for the nineteen hundred ninety-seven--ninety-eight\\nschool year in the manner as if the budget for such year had been\\npresented in three components.\\n 5. The board of education shall append to the statement of estimated\\nexpenditures a detailed statement of the total compensation to be paid\\nto the superintendent of schools, and any assistant or associate\\nsuperintendents of schools in the ensuing school year, including a\\ndelineation of the salary, annualized cost of benefits and any in-kind\\nor other form of remuneration. The board shall also append a list of all\\nother school administrators and supervisors, if any, whose annual salary\\nwill be eighty-five thousand dollars or more in the ensuing school year,\\nwith the title of their positions and annual salary identified; provided\\nhowever, that the commissioner may adjust such salary level to reflect\\nincreases in administrative salaries after June thirtieth, nineteen\\nhundred ninety-eight. The board of education shall submit a copy of such\\nlist and statement, in a form prescribed by the commissioner, of\\ncompensation to the commissioner within five days after their\\npreparation. The commissioner shall compile such data, together with the\\ndata submitted pursuant to subdivision four of section sixteen hundred\\neight of this chapter, into a single statewide compilation, which shall\\nbe made available to the governor, the legislature, and other interested\\nparties upon request.\\n 6. Each year, the board of education shall prepare a school district\\nreport card, pursuant to regulations of the commissioner, and shall make\\nit publicly available by transmitting it to local newspapers of general\\ncirculation, appending it to copies of the proposed budget made publicly\\navailable as required by law, making it available for distribution at\\nthe annual meeting, and otherwise disseminating it as required by the\\ncommissioner. Such report card shall include measures of the academic\\nperformance of the school district, on a school by school basis, and\\nmeasures of the fiscal performance of the district, as prescribed by the\\ncommissioner. Pursuant to regulations of the commissioner, the report\\ncard shall also compare these measures to statewide averages for all\\npublic schools, and statewide averages for public schools of comparable\\nwealth and need, developed by the commissioner. Such report card shall\\ninclude, at a minimum, any information of the school district regarding\\npupil performance and expenditure per pupil required to be included in\\nthe annual report by the regents to the governor and the legislature\\npursuant to section two hundred fifteen-a of this chapter; and any other\\ninformation required by the commissioner. School districts (i)\\nidentified as having fifteen percent or more of their students in\\nspecial education, or (ii) which have fifty percent or more of their\\nstudents with disabilities in special education programs or services\\nsixty percent or more of the school day in a general education building,\\nor (iii) which have eight percent or more of their students with\\ndisabilities in special education programs in public or private separate\\neducational settings shall indicate on their school district report card\\ntheir respective percentages as defined in this paragraph and paragraphs\\n(i) and (ii) of this subdivision as compared to the statewide average.\\n 7. * a. Each year, commencing with the proposed budget for the two\\nthousand--two thousand one school year, the board of education shall\\nprepare a property tax report card, pursuant to regulations of the\\ncommissioner, and shall make it publicly available by transmitting it to\\nlocal newspapers of general circulation, appending it to copies of the\\nproposed budget made publicly available as required by law, making it\\navailable for distribution at the annual meeting, and otherwise\\ndisseminating it as required by the commissioner. Such report card shall\\ninclude: (i) the amount of total spending and total estimated school tax\\nlevy that would result from adoption of the proposed budget and the\\npercentage increase or decrease in total spending and total school tax\\nlevy from the school district budget for the preceding school year; and\\n(ii) the district's tax levy limit determined pursuant to section two\\nthousand twenty-three-a of this title, and the estimated school tax\\nlevy, excluding any levy necessary to support the expenditures pursuant\\nto subparagraphs (i) through (iv) of paragraph i of subdivision two of\\nsection two thousand twenty-three-a of this title, that would result\\nfrom adoption of the proposed budget; and (iii) the projected enrollment\\ngrowth for the school year for which the budget is prepared, and the\\npercentage change in enrollment from the previous year; and (iv) the\\npercentage increase in the consumer price index, as defined in paragraph\\nc of this subdivision; and (v) the projected amount of the\\nunappropriated unreserved fund balance that will be retained if the\\nproposed budget is adopted, the projected amount of the reserved fund\\nbalance, the projected amount of the appropriated fund balance, the\\npercentage of the proposed budget that the unappropriated unreserved\\nfund balance represents, the actual unappropriated unreserved fund\\nbalance retained in the school district budget for the preceding school\\nyear, and the percentage of the school district budget for the preceding\\nschool year that the actual unappropriated unreserved fund balance\\nrepresents.\\n * NB Effective until June 16, 2016\\n * a. Each year, commencing with the proposed budget for the two\\nthousand--two thousand one school year, the board of education shall\\nprepare a property tax report card, pursuant to regulations of the\\ncommissioner, and shall make it publicly available by transmitting it to\\nlocal newspapers of general circulation, appending it to copies of the\\nproposed budget made publicly available as required by law, making it\\navailable for distribution at the annual meeting, and otherwise\\ndisseminating it as required by the commissioner. Such report card shall\\ninclude: (i) the amount of total spending and total estimated school tax\\nlevy that would result from adoption of the proposed budget and the\\npercentage increase or decrease in total spending and total school tax\\nlevy from the school district budget for the preceding school year; and\\n(ii) the projected enrollment growth for the school year for which the\\nbudget is prepared, and the percentage change in enrollment from the\\nprevious year; and (iii) the percentage increase in the consumer price\\nindex, as defined in paragraph c of this subdivision; and (iv) the\\nprojected amount of the unappropriated unreserved fund balance that will\\nbe retained if the proposed budget is adopted, the projected amount of\\nthe reserved fund balance, the projected amount of the appropriated fund\\nbalance, the percentage of the proposed budget that the unappropriated\\nunreserved fund balance represents, the actual unappropriated unreserved\\nfund balance retained in the school district budget for the preceding\\nschool year, and the percentage of the school district budget for the\\npreceding school year that the actual unappropriated unreserved fund\\nbalance represents.\\n * NB Effective June 16, 2016\\n b. A copy of the property tax report card prepared for the annual\\ndistrict meeting shall be submitted to the department in the manner\\nprescribed by the department by the end of the business day next\\nfollowing approval of the report card by the board of education, but no\\nlater than twenty-four days prior to the statewide uniform voting day.\\nThe department shall compile such data for all school districts whose\\nbudgets are subject to a vote of the qualified voters and shall make\\nsuch compilation available electronically at least ten days prior to the\\nstatewide uniform voting day.\\n c. For purposes of this subdivision, \"percentage increase in the\\nconsumer price index\" shall mean the percentage that represents the\\nproduct of one hundred and the quotient of: (i) the average of the\\nnational consumer price indexes determined by the United States\\ndepartment of labor for the twelve-month period preceding January first\\nof the current year minus the average of the national consumer price\\nindexes determined by the United States department of labor for the\\ntwelve-month period preceding January first of the prior year, divided\\nby (ii) the average of the national consumer price indexes determined by\\nthe United States department of labor for the twelve-month period\\npreceding January first of the prior year, with the result expressed as\\na decimal to two places.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1717", "title" : "Corporate authorities must raise tax certified by board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1717", "activeDate" : "2014-09-22", "sequenceNo" : 747, "repealedDate" : null, "fromSection" : "1717", "toSection" : "1717", "text" : " § 1717. Corporate authorities must raise tax certified by board of\\neducation. 1. The corporate authorities of any incorporated village in\\nwhich any such union free school district shall be established, shall\\nhave power, and it shall be their duty, to raise, from time to time, by\\ntax, to be levied upon all the real property in said village, as by law\\nprovided for the defraying of the expenses of its municipal government,\\nsuch sum as the board of education established therein shall declare\\nnecessary for teachers' salaries and the ordinary contingent expenses of\\nsupporting the schools of said district.\\n 2. The sums so declared necessary shall be set forth in a detailed\\nstatement in writing, addressed to the corporate authorities by the\\nboard of education, giving the various purposes of anticipated\\nexpenditure, and the amount necessary for each; and the said corporate\\nauthorities shall have no power to withhold the sums so declared to be\\nnecessary; and such corporate authorities as aforesaid shall have power\\nand it shall be their duty to raise, from time to time, by tax as\\naforesaid, any such further sum to be set forth in a detailed statement\\nin writing, addressed to the corporate authorities by the board of\\neducation, giving the various purposes of the proposed expenditure, and\\nthe amount necessary for each which may have been or which may hereafter\\nbe authorized by a majority of the voters of such union free school\\ndistrict present and voting at any special district meeting duly\\nconvened for any of the purposes stated in section four hundred sixteen\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1718", "title" : "Limitation upon expenditures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1718", "activeDate" : "2014-09-22", "sequenceNo" : 748, "repealedDate" : null, "fromSection" : "1718", "toSection" : "1718", "text" : " § 1718. Limitation upon expenditures. 1. No board of education shall\\nincur a district liability in excess of the amount appropriated by a\\ndistrict meeting unless such board is specially authorized by law to\\nincur such liability.\\n 2. Notwithstanding the provisions of subdivision one of this section,\\ngrants in aid received from the state and federal governments for\\nspecific purposes, other state grants in aid identified by the\\ncommissioner for general use as specified by the board of education,\\nother gifts which are required to be spent for particular objects or\\npurposes and insurance proceeds received for the loss, theft, damage or\\ndestruction of real or personal property, when proposed to be used or\\napplied to repair or replace such property, may be appropriated by\\nresolution of the board of education at any time for such objects or\\npurposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1719", "title" : "Deposit, custody and payment of moneys in villages", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1719", "activeDate" : "2014-09-22", "sequenceNo" : 749, "repealedDate" : null, "fromSection" : "1719", "toSection" : "1719", "text" : " § 1719. Deposit, custody and payment of moneys in villages. 1. All\\nmoneys raised for the support of schools in any union free school\\ndistrict whose boundaries are coterminous with the boundaries of an\\nincorporated village or apportioned to the same by the education\\ndepartment or otherwise, shall be paid into the treasury of such village\\nto the credit of the board of education therein; and the funds so\\nreceived into such treasury shall be kept separate and distinct from any\\nother funds received into the said treasury. And the officer having the\\ncharge thereof shall give such additional security for the safe custody\\nthereof as the corporate authorities of such village shall require. The\\nboard of education in any such union free school district may, in its\\ndiscretion, fix the compensation to be paid to the treasurer of such\\nvillage for the services imposed upon him by this section, and such\\ncompensation, as so fixed, shall be paid from such moneys.\\n 2. No money shall be drawn from such funds, credited to a board of\\neducation, unless in pursuance of a resolution of said board, and on\\nvoucher-order checks signed by the treasurer, payable to the order of\\nthe persons entitled to receive such money, and stating on their face\\nthe purpose or service for which such moneys have been authorized to be\\npaid by the said board of education. The board of education may in its\\ndiscretion require that such checks be countersigned by another officer\\nof such district. When authorized by resolution of the board of\\neducation such checks may be signed with the facsimile signature of the\\ntreasurer and other district officer whose signature is required, as\\nreproduced by a machine or device commonly known as a checksigner. No\\nresolution of the board of education, however, shall be necessary for\\nthe payment of compensation for services of an officer or employee\\nengaged at agreed wages by the hour, day, week, month or year when the\\nname of such officer or employee appears upon a duly certified payroll,\\nor of the principal of or interest on indebtedness of the district. By\\nresolution duly adopted, the board may determine to enter into a\\ncontract to provide for the deposit of the periodic payroll of the\\nschool district in a bank or trust company for disbursal by it in\\naccordance with provisions of section ninety-six-b of the banking law.\\n 3. When obligations are issued and sold pursuant to the local finance\\nlaw by a union free school district whose boundaries are the same as the\\nboundaries of an incorporated village, the proceeds of the sale of such\\nobligations shall be paid into the treasury of said incorporated\\nvillage, to the credit of the board of education.\\n 4. So much of this section as relates to the deposit of moneys raised\\nfor the support of schools in any union free school district shall not\\napply to the Bronxville union free school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1720", "title" : "Moneys and accounts in union free school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1720", "activeDate" : "2014-09-22", "sequenceNo" : 750, "repealedDate" : null, "fromSection" : "1720", "toSection" : "1720", "text" : " § 1720. Moneys and accounts in union free school districts. 1. All\\nmoneys raised in a union free school district or apportioned thereto by\\nthe education department or otherwise, shall be paid to the treasurer of\\nthe district entitled to receive the same, and be applied to the uses of\\nthe district and the board shall annually render their accounts of all\\nmoneys received and expended by them for the use of said schools.\\n 2. No money shall be drawn from such funds in possession of such\\ntreasurer, unless in pursuance of a resolution of said board, and on\\nvoucher-order checks signed by the treasurer, payable to the order of\\nthe persons entitled to receive such money and stating on their face the\\npurpose or service for which said moneys have been authorized to be paid\\nby the said board of education. The board of education may in its\\ndiscretion require that such checks be countersigned by another officer\\nof such district. When authorized by resolution of the board of\\neducation such checks may be signed with the facsimile signature of the\\ntreasurer and other district officer whose signature is required, as\\nreproduced by a machine or device commonly known as a check-signer.\\nSuch board may by resolution designate one of its members other than\\nsaid other officer whose signature is required or appoint a deputy\\ntreasurer who shall serve at the discretion of the board, to sign such\\nchecks in lieu of either the treasurer or other officer whose signature\\nis required, in case of their absence or inability, provided that any\\nboard member or deputy treasurer so authorized shall, before acting in\\nthe place and stead of the treasurer, execute and file an official\\nundertaking in an amount and in the manner required as to such treasurer\\npursuant to the provisions of this chapter. No resolution of the board,\\nhowever, shall be necessary for the payment of compensation for services\\nof an officer or employee engaged at agreed wages by the hour, day,\\nweek, month or year, where the name of such officer or employee appears\\nupon a duly certified payroll, or of the principal of or interest on\\nindebtedness of the district. By resolution duly adopted, the board may\\ndetermine to enter into a contract to provide for the deposit of the\\nperiodic payroll of the school district in a bank or trust company for\\ndisbursal by it in accordance with provisions of section ninety-six-b of\\nthe banking law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1721", "title" : "Records; reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1721", "activeDate" : "2014-09-22", "sequenceNo" : 751, "repealedDate" : null, "fromSection" : "1721", "toSection" : "1721", "text" : " § 1721. Records; reports. It shall be the duty of the board of\\neducation of a union free school district to keep an accurate record of\\nall its proceedings in books provided for that purpose. It shall also\\nbe the duty of said board to cause to be published once in each year,\\nduring the month of July or during the month of August, in at least one\\npublic newspaper, published in such district or, if one public newspaper\\nis not published in such district, then in a public newspaper having\\ngeneral circulation within such district, a full and detailed account of\\nall moneys received by the board or the treasurer of said district, for\\nits account and use, and of all the moneys expended therefor, giving the\\nitems of expenditure in full; should there be no paper published in or\\nhaving general circulation within said district said board shall publish\\nsuch account by notice to the taxpayers, by posting copies thereof in\\nfive public places in said district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1722", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1722", "activeDate" : "2014-09-22", "sequenceNo" : 752, "repealedDate" : null, "fromSection" : "1722", "toSection" : "1722", "text" : " § 1722. Application of article. The provisions of this article shall\\napply to all union free school districts heretofore organized pursuant\\nto the provisions of chapter four hundred thirty-three of the laws of\\neighteen hundred fifty-three, and the amendments thereof, chapter five\\nhundred fifty-five of the laws of eighteen hundred sixty-four, and the\\namendments thereof, and of chapter five hundred fifty-six of the laws of\\neighteen hundred ninety-four and the amendments thereof; and sections\\nseventeen hundred seventeen, four hundred one, subdivision one, four\\nhundred sixteen and seventeen hundred nineteen, subdivision three, of\\nthis chapter are made applicable to all school districts established by\\nand organized under special statutes, except those of cities; and\\nsections seventeen hundred eleven and four hundred one, subdivision two,\\nof this chapter are made applicable to all school districts, except\\nthose of cities, having a population of five thousand and upwards\\nestablished by and organized under special statutes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1723-A", "title" : "Temporary investment of school moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1723-A", "activeDate" : "2014-09-22", "sequenceNo" : 753, "repealedDate" : null, "fromSection" : "1723-A", "toSection" : "1723-A", "text" : " § 1723-a. Temporary investment of school moneys. The board of\\neducation of any union free school district may authorize the district\\ntreasurer or other officer having custody of district moneys to invest\\nmoneys of the district in the manner provided by section eleven of the\\ngeneral municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1724", "title" : "Form and audit of claims", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23" ], "docLevelId" : "1724", "activeDate" : "2014-09-22", "sequenceNo" : 754, "repealedDate" : null, "fromSection" : "1724", "toSection" : "1724", "text" : " § 1724. Form and audit of claims. * 1. No claim against a central\\nschool district or a union free school district, except for compensation\\nfor services of an officer or employee engaged at agreed wages by the\\nhour, day, week, month or year or for the principal of or interest on\\nindebtedness of the district, shall be paid unless an itemized voucher\\ntherefor approved by the officer whose action gave rise or origin to the\\nclaim, shall have been presented to the board of education of the\\ndistrict and shall have been audited and allowed; provided, however that\\nin the case of a school district with a public school enrollment of ten\\nthousand students or more, the board of education may, at its\\ndiscretion, use a risk-based or sampling methodology to determine which\\nclaims are to be audited in lieu of auditing all claims so long as it is\\ndetermined by resolution of the board of education that the methodology\\nfor choosing the sample provides reasonable assurance that all the\\nclaims represented in the sample are proper charges against the school\\ndistrict. The board of education shall be authorized, but not required,\\nto prescribe the form of such voucher.\\n * NB Effective until July 1, 2014\\n * 1. No claim against a central school district or a union free school\\ndistrict, except for compensation for services of an officer or employee\\nengaged at agreed wages by the hour, day, week, month or year or for the\\nprincipal of or interest on indebtedness of the district, shall be paid\\nunless an itemized voucher therefor approved by the officer whose action\\ngave rise or origin to the claim, shall have been presented to the board\\nof education of the district and shall have been audited and allowed.\\nThe board of education shall be authorized, but not required, to\\nprescribe the form of such voucher.\\n * NB Effective July 1, 2014\\n 2. The board of education, in considering any claim, may require any\\nperson presenting the same to be sworn before it or before any member\\nthereof and to give testimony relative to the justness and accuracy of\\nsuch claim, and may take evidence and examine witnesses under oath in\\nrespect to the claim, and for that purpose may issue subpoenas for the\\nattendance of witnesses. When a claim has been finally audited by the\\nboard of education the clerk of such board shall endorse or attach a\\ncertificate of such audit upon the claim or upon an abstract on which\\nsuch claims are listed and file the same as a public record in his\\noffice. When any claim has been so audited and a certificate thereof so\\nfiled, the clerk of the board of education shall draw a warrant\\nspecifying the name of the claimant, the amount allowed and the fund,\\nfunction and object chargeable therewith and such other information as\\nmay be deemed necessary and essential, directed to the treasurer of the\\ndistrict, authorizing and directing him to pay to the claimant the\\namount allowed upon his claim. A copy of such warrant shall be filed in\\nthe office of the clerk.\\n 3. The board of education may by resolution authorize the payment in\\nadvance of audit of claims for public utility services, postage, freight\\nand express charges. All such claims shall be presented at the next\\nregular meeting for audit, and the claimant and the officer incurring or\\napproving the same shall be jointly and severally liable for any amount\\ndisallowed by the board of education.\\n As used in this subdivision, the term public utility services shall\\nmean electric, gas, water, sewer and telephone services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1725", "title" : "Lease of personal property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1725", "activeDate" : "2014-09-22", "sequenceNo" : 755, "repealedDate" : null, "fromSection" : "1725", "toSection" : "1725", "text" : " § 1725. Lease of personal property. 1. Notwithstanding any incon-\\nsistent provision of law, a board of education of any union free school\\ndistrict may enter into agreements for the lease of personal property.\\n 2. Before executing any such agreement, the board of education must\\nadopt a resolution determining that such agreement is in the best\\nfinancial interests of the school district and stating the bases of that\\ndetermination.\\n 3. No agreement for the lease of personal property shall be for a term\\nof more than the current school year unless such agreement shall be\\napproved by the voters of the district, either as a separate proposition\\nor as an appropriation with indication that a lease is intended or\\npossible, or unless the board of education shall have determined that\\nsuch lease of property is an ordinary contingent expense.\\n 4. Such agreements shall be subject to the bidding requirements of the\\ngeneral municipal law for purchase contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1725-A", "title" : "Powers of boards of education; instructional equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1725-A", "activeDate" : "2014-09-22", "sequenceNo" : 756, "repealedDate" : null, "fromSection" : "1725-A", "toSection" : "1725-A", "text" : " § 1725-a. Powers of boards of education; instructional equipment.\\nNotwithstanding any inconsistent provision of law, the board of\\neducation of any school district is hereby authorized and empowered to\\nenter into agreements for the lease-purchase of instructional equipment,\\nwith the payments to be applied against the purchase price of the\\nequipment. The term \"instructional equipment\" shall be defined in\\nregulations by the commissioner. Any such lease-purchase agreements\\nshall have the prior written approval of the commissioner before\\nexecution. Such agreements shall be subject to the bidding requirements\\nof the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1726", "title" : "Lease and lease-purchase of buildings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1726", "activeDate" : "2014-09-22", "sequenceNo" : 757, "repealedDate" : null, "fromSection" : "1726", "toSection" : "1726", "text" : " § 1726. Lease and lease-purchase of buildings. 1. Notwithstanding any\\ninconsistent provision of law, the board of education of any union free\\nschool district may enter into agreements pursuant to the provisions of\\nthis section for the lease or lease-purchase of buildings for school\\npurposes, to be placed or erected on a site owned by the district.\\n 1-a. Notwithstanding any inconsistent provision of law, the board of\\neducation of any union free school district may enter into agreement\\nwith the dormitory authority for the lease or lease-purchase for school\\npurposes from the dormitory authority of a dormitory (or any part\\nthereof), as defined in section sixteen hundred seventy-six of the\\npublic authorities law, including, if the agreement so provides, land,\\nbuildings, any attendant facilities, and equipment, provided such\\ndormitory (a) is owned by or in the possession of the dormitory\\nauthority, and (b) was originally provided or financed by the authority\\nfor an educational institution as defined in subdivision one of section\\nsixteen hundred eighty of the public authorities law and (c) is no\\nlonger being used by such educational institution. Any such agreement\\nmay provide for the alteration, reconstruction or rehabilitation of any\\nsuch dormitory or part thereof by the school district or the authority\\nas capital items. The provisions of subdivisions three, four, six, eight\\nand nine of this section shall not apply to any agreement with the\\ndormitory authority authorized by this subdivision, provided,\\nnevertheless, that the lease or lease-purchase agreement may not be made\\nfor a period in excess of the applicable period of probable usefulness\\nfor the building or buildings, as so altered, reconstructed or\\nrehabilitated, and provided, further, that the plans and specifications\\nfor such building or buildings, as so altered, reconstructed or\\nrehabilitated, shall be subject to approval of the commissioner of\\neducation, before such alteration, reconstruction or rehabilitation may\\nbe authorized by the board of education of such school district.\\n 2. Before executing any such agreement, the board of education shall\\nadopt a resolution determining that such agreement is in the best\\nfinancial interests of the school district and stating the basis of that\\ndetermination.\\n 3. Such agreements shall be subject to the bidding requirements of the\\ngeneral municipal law, except that the provisions of section one hundred\\none of the general municipal law shall not apply to lease or\\nlease-purchase of pre-manufactured items delivered to the site, but\\nshall apply to installation and other work to be performed on the site.\\n 4. No agreement for the lease of a building or buildings may be made\\nfor a term of more than five years, beginning with the time of\\noccupancy. No lease-purchase agreement may be made for a period\\nexceeding the applicable period of probable usefulness pursuant to the\\nprovisions of the local finance law. Nothing herein contained shall be\\ndeemed to prohibit a board of education from entering into a renewal of\\nsuch lease agreement of such building or buildings for like periods,\\nprovided, however, that the total lease payments or the total amount of\\nlease-purchase agreement payments over the period of any such agreement\\nincluding all lease renewals, may not exceed the purchase price of such\\nbuilding or buildings, together with interest of not to exceed six\\npercent per annum on any unpaid balance.\\n 5. A board of education may not enter into any lease or lease-purchase\\nagreement authorized by this section without the previous approval of\\nthe voters of the district; provided that a board of education may, with\\nthe approval of the commissioner, lease necessary space in case of an\\nunforeseeable emergency.\\n 6. Any agreement by which a building is leased to a school district\\nfor installation on land owned by the district must include provision\\nfor the removal of such building by the lessor within ninety days after\\ntermination of the lease, unless such lease is renewed or title to the\\nbuilding passes to the school district in accordance with the provisions\\nof this section.\\n 7. The commissioner, with the approval of the director of the budget,\\nshall establish a uniform procedure for allocation of payments under\\nlease-purchase agreements for the purpose of determining operating aid\\nand aid for building purposes, respectively; provided, however, that no\\nbuilding aid shall be paid unless and until the school district has\\nlegally committed itself to the purchase in accordance with the\\nprovisions of this section.\\n 8. Plans and specifications and the proposed lease, lease renewal or\\nlease-purchase agreement for buildings to be leased or purchased\\npursuant to the provisions of this section must be approved by the\\ncommissioner before a board of education may authorize or execute any\\nagreement, or renewal thereof, for such purposes.\\n 9. The term \"lease\", as used in this section, shall include a lease\\nwith an option to purchase; provided, however, that in the case of a\\nlease with an option to purchase, no part of any lease payments may be\\ncounted against the purchase price, in case the option to purchase is\\nexercised.\\n 10. The term of no lease agreement including renewals thereof, may\\nexceed the period of probable usefulness provided for such building or\\nbuildings by the local finance law.\\n 11. No annual installment of lease-purchase payment may exceed any\\nother such installment under any such agreement by more than fifty per\\ncentum thereof.\\n 12. Any school district entering into any lease-purchase agreement\\nunder this section, shall pledge its full faith and credit for the full\\nperformance of all obligations under such agreement, including all\\nannual payments required to be made thereunder.\\n 13. The annual payments to be made by the school district under any\\nsuch agreement shall commence within two years after the execution of\\nany such agreement, or within thirty days from the time the board of\\neducation shall have approved such building for occupancy, whichever\\nshall be later.\\n 14. The total amount of any unpaid annual payments of a lease-purchase\\nagreement in relation to the principal of any such indebtedness, in case\\nof a school district in a city as defined in the local finance law shall\\nbe deemed to be indebtedness of the school district for a capital\\nimprovement within the meaning of subparagraph (b) of subdivision three\\nof paragraph a of section 135.00 of the local finance law.\\n 15. The annual payments by such a school district in a city in\\nrelation to such indebtedness and interest shall be deemed to be\\n\"indebtedness\" and \"interest\" within the meaning of section ten of\\narticle eight of the state constitution.\\n 16. No such agreement shall be renegotiated or amended in such manner\\nas to constitute a refunding within the meaning of section two of\\narticle eight of the state constitution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 28 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A37", "title" : "Central School Districts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37", "activeDate" : "2014-09-22", "sequenceNo" : 758, "repealedDate" : null, "fromSection" : "1801", "toSection" : "1809", "text" : " ARTICLE 37\\n CENTRAL SCHOOL DISTRICTS\\nSection 1801. Formation and changes of central school districts.\\n 1802. Organization procedure.\\n 1803. Proceedings at meeting.\\n 1803-a. Alternative voting procedure.\\n 1804. Board of education; election; powers and duties.\\n 1805. Powers of central school district; officers of component\\n districts; transition state aid.\\n 1807. Transportation of school children.\\n 1809. Apportionment to central school districts containing\\n former central school districts.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1801", "title" : "Formation and changes of central school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1801", "activeDate" : "2014-09-22", "sequenceNo" : 759, "repealedDate" : null, "fromSection" : "1801", "toSection" : "1801", "text" : " § 1801. Formation and changes of central school districts. 1. The\\ncommissioner of education is hereby authorized and empowered to lay out\\ncentral school districts for the establishment of central schools to\\ngive instruction in elementary or elementary and high school subjects\\nand to fix, determine and define the boundaries of said districts as\\nhereinafter provided.\\n 2. The commissioner is authorized and empowered to make and enter in\\nhis office orders laying out territory in new central school districts\\nor annexing to existing central school districts territory not contained\\nwithin a city school district in a city having a population of more than\\nten thousand inhabitants, and not contained within a city school\\ndistrict having a full valuation of taxable real estate per public\\nschool pupil residing in the district of more than fifteen thousand\\ndollars; provided, however, that no territory contained within a city\\nschool district in a city having a population of ten thousand\\ninhabitants or less may be included in new central school districts or\\nannexed to existing central school districts after July first, nineteen\\nhundred fifty-five. The commissioner of education is authorized and\\nempowered to make and enter in his office orders dissolving and annexing\\na central school district or districts to another central school\\ndistrict, pursuant to the provisions of subdivision two of section\\neighteen hundred two of this chapter. The commissioner in laying out\\nsuch central school districts and in fixing and defining the boundaries\\nthereof shall include only territory of suitable size conveniently\\nlocated for the attendance of pupils and having a sufficient number of\\npupils for the establishment of a central school. The commissioner shall\\ndesignate all central school districts by such simplified name as he\\nshall deem proper.\\n 3. Within ten days after the making and entry of the order pursuant to\\nthis section, the commissioner shall transmit a certified copy thereof\\nto the clerk, or in the event there is no clerk, to the trustee or\\ntrustees of each school district the territory of which is affected by\\nsaid order. The clerk, the trustee or trustees, as the case may be,\\nshall, within five days after receipt of such order, post a copy thereof\\nin five conspicuous places in such district.\\n 4. No central school district laid out by order of the commissioner\\nshall operate as a central school district, nor be entitled to receive\\nthe benefits of a central school district until it has been organized by\\nthe qualified voters of the district in accordance with the provisions\\nof this article, provided, however, a central school district which was\\norganized prior to April seventh, nineteen hundred forty-four, or\\npursuant to the provisions of this section and to which territory may be\\nannexed shall not be required to again organize.\\n 5. The commissioner of education is hereby authorized and empowered to\\nmake and enter in his office an order annexing the territory of common\\nschool district number three of the town of Wilmington, Essex county to\\ncentral school district number two of the town of North Elba, Essex\\ncounty, together with such territory of common school district number\\none of the town of Wilmington, Essex county as will provide contiguity\\nbetween the aforementioned Wilmington common school district number\\nthree and North Elba central school district number two.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1802", "title" : "Organization procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1802", "activeDate" : "2014-09-22", "sequenceNo" : 760, "repealedDate" : null, "fromSection" : "1802", "toSection" : "1802", "text" : " § 1802. Organization procedure. 1. New central school districts shall\\nbe organized as provided in this subdivision.\\n a. When an order laying out a central school district has been made\\nand entered as provided in section eighteen hundred one of this chapter,\\na petition may be presented by persons qualified to vote at school\\ndistrict meetings asking for the organization of a central school\\ndistrict and the establishment of a central school therein. Said\\npetition shall be signed by at least one hundred of such qualified\\nvoters or by a number of such qualified voters equal to at least ten per\\ncentum of the pupils of said central school district as determined by\\nthe last school census, whichever shall be less.\\n b. Said petition shall be filed with the commissioner and shall\\nrequest that a meeting of the qualified voters within said territory be\\ncalled for the purpose of determining whether or not such territory\\nshall be organized as a central school district and a central school be\\nestablished therein for instruction in elementary or elementary and high\\nschool subjects. If the commissioner is satisfied that the petition has\\nbeen duly signed as provided in this section, he shall fix a time and\\nplace for a special meeting of the qualified voters within the central\\nschool district, which meeting shall be held not more than thirty days\\nafter the filing of the petition aforesaid. The commissioner shall\\ncause notice of such meeting to be posted at least ten days before the\\nmeeting in three conspicuous places in each school district wholly or\\npartly within the central school district. In addition to the posting of\\nsuch notice, a copy thereof shall be published at least three days\\nbefore the meeting in a daily or weekly newspaper published within the\\nterritory or in a newspaper circulating therein. The expense of posting\\nand publishing of the notice shall be borne equally by the several\\nschool districts within the territory, unless a central school district\\nis organized, in which event such expense shall become a charge upon\\nsaid central school district.\\n 2. Territory shall be annexed to a central school district as provided\\nin this subdivision.\\n a. When an order annexing territory to a central school district has\\nbeen made and entered as provided in section eighteen hundred one of\\nthis chapter, the commissioner shall within ten days thereafter cause\\ncertified copies of said order to be filed with the clerk of the central\\nschool district and the trustee or trustees of each school district\\naffected thereby. Said order annexing territory to the central school\\ndistrict shall become final sixty days after such filing of the\\ncertified copy thereof, unless a permissive referendum is requested as\\nhereinafter provided. Said order may state that it shall take effect on\\na date specified therein which date shall not, however, be earlier than\\nsixty days after such filing.\\n b. When at least one hundred of the qualified voters residing in a\\ncentral school district, as it existed prior to the order of annexation,\\nor a number of such qualified voters equal to at least ten per centum of\\nthe pupils therein, as determined by the last school census, whichever\\nshall be less; or when at least one hundred qualified voters residing\\nwithin any school district affected by such order or a number of such\\nqualified voters equal to at least ten per centum of the pupils therein,\\nas determined by the last school census, whichever shall be less, shall,\\nwithin sixty days after the last filing of the copies of the aforesaid\\norder, file a petition with the commissioner requesting a special\\nmeeting of the qualified voters of such district affected thereby, a\\nspecial meeting shall be held pursuant to notice, as hereinafter set\\nforth, to determine whether the order annexing the school district or\\ndistricts, or any one of such districts, shall be approved. If the\\ncommissioner determines that the petition has been duly signed by the\\nnumber of qualified voters required, he shall fix a time and place,\\nwithin thirty days after the receipt by him of said petition, for a\\nspecial meeting of the qualified voters of the central school district\\nor school district in respect of which a petition has been filed as\\naforesaid. The commissioner shall cause notice thereof to be posted at\\nleast ten days before the meeting in ten conspicuous places in such\\ncentral school district or such school district. In addition to the\\nposting of such notice a copy thereof shall be duly published, at least\\nthree days before the meeting, in a daily or weekly newspaper published\\nwithin such central school district or any of the school districts in\\nwhich such meeting is to be held, or in a newspaper circulating in the\\nterritory. The expense of posting and publishing the notice aforesaid\\nshall be a charge upon the central school district or school district\\nconducting such meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1803", "title" : "Proceedings at meeting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-13", "2017-08-18", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "1803", "activeDate" : "2014-09-22", "sequenceNo" : 761, "repealedDate" : null, "fromSection" : "1803", "toSection" : "1803", "text" : " § 1803. Proceedings at meeting. 1. Any meeting held pursuant to the\\nnotice provided in section eighteen hundred two shall be called to order\\nby a school official or a qualified voter of the district, designated by\\nthe commissioner of education for the purpose. The first order of\\nbusiness shall be the election of a chairman and a clerk who shall be\\nqualified voters of the district. The meeting may be adjourned from time\\nto time by a majority vote of the qualified voters present but no such\\nadjournment shall be for a longer period than ten days. The affirmative\\nvote of a majority of the qualified voters present and voting shall be\\nrequired on the adoption of a resolution.\\n 2. At a meeting held pursuant to subdivision one of section eighteen\\nhundred two a resolution in substantially the following form shall be\\npresented for the action and determination of the meeting, viz.:\\n\"Resolved that the ........ central school district (add designation) as\\ndescribed in the order of the commissioner of education now before this\\nmeeting, be organized and a central school for instruction in elementary\\nand high school subjects be established.\"\\n 3. At a meeting held in an existing central school district pursuant\\nto subdivision two of section eighteen hundred two a resolution in\\nsubstantially the following form shall be presented for the action and\\ndetermination of the meeting, viz.: \"Resolved that the ........ (insert\\nsimplified name of district in accordance with section three hundred\\nfifteen of this chapter) school district be annexed to the .........\\ncentral school district (designate central school district) as provided\\nin the order of the commissioner of education now before this meeting.\"\\nSaid resolution may be amended by a majority vote of the qualified\\nvoters present to exclude one or more of the districts described in said\\norder of the commissioner from annexation to the central school\\ndistrict.\\n 4. At a meeting held in any common or union free school district\\npursuant to subdivision two of section eighteen hundred two a resolution\\nin substantially the following form shall be presented for the action\\nand determination of the meeting, viz.: \"Resolved that the .........\\n(insert simplified name of district in accordance with section three\\nhundred fifteen of this chapter) school district be annexed to the\\n.......... central school district (designate central school district) as\\nprovided in the order of the commissioner of education now before this\\nmeeting.\"\\n * 5. Votes upon the adoption of a resolution shall be cast in the same\\nmanner as votes for the election of school district trustees. The\\ncommissioner of education may order such modifications in the manner of\\nvoting as are customary for school district elections in the community\\naffected by such vote. Such modifications may include the use of voting\\nmachines, as provided in subdivision one of section two thousand\\nthirty-five of this chapter, and shall include the use of absentee\\nballots as provided under section two thousand eighteen-a or two\\nthousand eighteen-b of this chapter, whichever shall apply.\\n * NB Effective until December 31, 2015\\n * 5. Votes upon the adoption of a resolution shall be cast in the same\\nmanner as votes for the election of school district trustees. The\\ncommissioner of education may order such modifications in the manner of\\nvoting as are customary for school district elections in the community\\naffected by such vote. Such modifications may include the use of voting\\nmachines and shall include the use of absentee ballots as provided under\\nsection two thousand eighteen-a or two thousand eighteen-b of this\\nchapter, whichever shall apply.\\n * NB Effective December 31, 2015\\n 6. A copy of the minutes of the meeting or meetings duly certified by\\nthe clerk shall be filed by him with the commissioner of education, with\\neach school superintendent in whose jurisdiction such school district,\\nor any part thereof, is or may thereafterward be located and with the\\ntown clerk of each town in which any part of said school district is or\\nmay thereafterward be located.\\n 7. If the resolution described in subdivision two of this section is\\nadopted, then the voters shall proceed to organize in accordance with\\nthe provisions of this article.\\n 8. If at any such meeting the resolution described in subdivision two,\\nthree or four of this section shall be presented and shall not be\\nadopted, there shall be no further proceedings at such meeting, except a\\nmotion to reconsider the question. No such meeting shall again be called\\nwithin one year after such original meeting. No new meeting shall be\\ncalled unless a petition therefor shall be presented to the commissioner\\nin the manner provided in subdivision two of section eighteen hundred\\ntwo of this article. If no meeting shall be called to reconsider the\\nquestion within two years after such original meeting or if at any such\\nmeeting called within two years after such original meeting the\\nresolution shall again fail of adoption, the order of the commissioner\\nof education to which the resolution relates shall be deemed null and\\nvoid and of no further force or effect.\\n 9. If the resolution submitted to the voters as provided in either\\nsubdivision three or subdivision four of this section shall be adopted\\nthe territory described therein shall thereupon be annexed to the\\nexisting central school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1803-A", "title" : "Alternative voting procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-13", "2017-08-18", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "1803-A", "activeDate" : "2014-09-22", "sequenceNo" : 762, "repealedDate" : null, "fromSection" : "1803-A", "toSection" : "1803-A", "text" : " § 1803-a. Alternative voting procedure. 1. When an order laying out a\\ncentral school district has been made and entered as provided in section\\neighteen hundred one of this chapter, and the petitions referred to in\\nparagraph a of subdivision one of section eighteen hundred two thereof\\nhave been, or are being, presented and filed with the commissioner, a\\nsecond petition may be presented by persons qualified to vote in any\\nschool district, all of which is included in the area of the central\\nschool district as laid out by such order, and which school district at\\nthe time of such order maintained its own schoolhouse. Such second\\npetition may request the alternative voting procedure authorized by this\\nsection, and shall be signed by at least one hundred qualified voters of\\nsuch district or by a number of such qualified voters equal to at least\\nten per centum of the pupils of such district as determined by the last\\nschool census, whichever shall be less; provided, however, that such\\nsecond petition must, in any event, contain not less than ten\\nsignatures. Such second petition shall be filed with the commissioner at\\nthe same time as the first petition is filed. If the commissioner is\\nsatisfied that both petitions have been duly signed as provided by law,\\nhe shall fix a time and place for an election of the qualified voters\\nwithin the central school district, which said election shall be held\\nnot more than thirty days after the filing of the petitions aforesaid.\\nThe commissioner shall cause notice of such election to be posted at\\nleast ten days prior thereto in three conspicuous places in each school\\ndistrict wholly or partly within the central school district. In\\naddition to the posting of such notice, a copy thereof shall be\\npublished at least three days before the election in a daily or weekly\\nnewspaper published within the territory or in a newspaper circulating\\ntherein. The expense of posting and publishing of the notice shall be\\nborne equally by the several school districts within the territory,\\nunless a central school district is organized, in which event such\\nexpense shall become a charge upon said central school district.\\n 2. Elections for the establishment of a central school district under\\nthe provisions of this section shall be conducted as follows:\\n a. They shall take place on a day and at a place designated by the\\ncommissioner for a vote by all the qualified voters within the central\\nschool district, except as otherwise provided in paragraph b of this\\nsubdivision.\\n b. The qualified voters of any school district from which a second\\npetition pursuant to subdivision one of this section has been received,\\nshall vote on the designated day at the principal schoolhouse located in\\nsuch district. Such petitioning district shall be known as a special\\nelection district.\\n c. The election shall take place during at least four consecutive\\nhours between the hours of seven o'clock in the forenoon and ten o'clock\\nin the evening, as determined by the commissioner of education.\\n d. The ballots for the election shall be furnished by the commissioner\\nof education and shall contain a resolution in substantially the\\nfollowing form: \"Resolved that the ........... central school district\\n(add designation) as described in the order of the commissioner of\\neducation be organized and a central school for instruction in\\nelementary and high school subjects be established.\"\\n e. Before each person casts his ballot he shall be required to sign a\\nstatement contained in a poll book provided for the purpose, declaring\\nthat he is a qualified voter within the central school district.\\n f. Provision shall be made for the use of absentee ballots as provided\\nunder section two thousand eighteen-a or two thousand eighteen-b of this\\nchapter, whichever shall apply.\\n 3. The commissioner shall appoint a board of canvass whose duty it\\nshall be to act as a board of elections at the central voting place\\ndesignated by the commissioner pursuant to paragraph a of subdivision\\ntwo of this section, and also to act as a board of canvass for the\\nentire area included in the central school district, including any\\ndistrict petitioning pursuant to subdivision one of this section. Such\\nboard shall, as soon as the ballot boxes and books containing the names\\nof the voters have been delivered to the board of canvass at the place\\ndesignated by the commissioner, count the ballots of all those voting in\\nthe central school district. Prior to ascertaining the manner in which\\nany voter has marked a ballot, the number of ballots from the central\\nvoting place and each special election district shall be counted\\nseparately without opening them and if the number does not correspond\\nwith the number of names contained in the poll book of such central\\nvoting place or special election district, the board before canvassing\\nthe ballots, shall withdraw therefrom a number sufficient to make the\\nnumber of ballots correspond with the number of names in the poll book.\\nSuch board shall then canvass the vote of the central voting place and\\nof each special election district separately and certify to the\\ncommissioner the total number of votes cast at the central voting place\\nand at each special election district, the number of valid votes cast\\nfor the organization, the number of valid votes cast against the\\norganization, the number of void ballots and the number of blank\\nballots. A majority of the valid votes cast at the central voting place\\nand at each special election district shall be necessary to establish\\nthe central school district. The board of canvass shall seal the books\\nand the ballots immediately upon the completion of the certificate,\\nsetting forth the result and shall retain them in its possession for at\\nleast thirty days. If an appeal is brought from an action of the\\nmeeting, the ballots shall be available for the inspection of the\\ncommissioner. The board of canvass shall file a copy of such certificate\\nwith each school superintendent in whose jurisdiction the central school\\ndistrict, or any part thereof, is or may thereafterward be located, and\\nshall also file a copy thereof with the town clerk of each town in which\\nany part of such central school district is or may thereafterward be\\nlocated.\\n 4. a. The trustee or board of trustees or education of each special\\nelection district shall act as an election board for the conduct of the\\nelection in such district. The sole trustee or president of the board\\nshall administer the challenges. If the president of the board is not\\navailable, the board may elect any one of its members in his stead. If\\nno one is otherwise available or if during the course of the election it\\nbecomes necessary for a trustee in a one-trustee district to absent\\nhimself, the district superintendent of schools shall designate a voter\\nof the election district to carry out the duties of the election board.\\nSuch board shall furnish a padlocked ballot box.\\n b. After the polls are closed, and after all persons within the room\\nhave voted, the election board shall forthwith proceed to deliver to the\\nboard of canvass at the place designated by the commissioner of\\neducation the ballot box and the book containing the names of the\\nvoters. Any wilful violation of this paragraph shall be a misdemeanor.\\n 5. Upon an appeal to the commissioner of education, substantial\\ncompliance with the procedures herein required shall be sufficient to\\nmeet the intent of this section.\\n 6. If the resolution described in subdivision two of this section\\nshall be defeated, no such elections or meeting shall again be called\\nwithin one year after such elections. If no elections or meeting shall\\nbe called to reconsider the question within two years after such\\noriginal elections or if at any such elections or meeting called within\\ntwo years of such original elections the resolution shall again fail of\\nadoption, the order of the commissioner of education to which the\\nresolution relates shall be null and void and of no further force and\\neffect.\\n 7. If at such election the resolution referred to in subdivision two\\nis adopted, the commissioner of education shall fix a time and place for\\na special meeting of the qualified voters within the central school\\ndistrict for the purpose of electing a board of education. The\\ncommissioner shall cause notice of such meeting to be posted at least\\nten days before the meeting in three conspicuous places in each former\\nschool district wholly or partly within the central school district. In\\naddition to the posting of such notice, a copy thereof shall be\\npublished at least three days before the meeting in a daily or weekly\\nnewspaper published within the territory or in a newspaper circulating\\ntherein. The expense of posting and publishing of the notice shall be\\nupon said central school district.\\n * 8. The commissioner of education may order such modifications in the\\nmanner of voting on the resolution described in subdivision two of\\nsection eighteen hundred three of this article and for the election\\ndescribed in subdivision seven of this section as are customary in\\nschool district elections in the community affected by such vote. Such\\nmodifications may include the use of voting machines, as provided in\\nsubdivision one of section two thousand thirty-five of this chapter, and\\nthe use of nominating petitions.\\n * NB Effective until December 31, 2015\\n * 8. The commissioner of education may order such modifications in the\\nmanner of voting on the resolution described in subdivision two of\\nsection eighteen hundred three of this chapter and for the election\\ndescribed in subdivision seven of this section as are customary in\\nschool district elections in the community affected by such vote. Such\\nmodifications may include the use of voting machines and the use of\\nnominating petitions.\\n * NB Effective December 31, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1804", "title" : "Board of education; election; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12", "2024-09-13", "2025-07-04" ], "docLevelId" : "1804", "activeDate" : "2014-09-22", "sequenceNo" : 763, "repealedDate" : null, "fromSection" : "1804", "toSection" : "1804", "text" : " § 1804. Board of education; election; powers and duties. 1. Each such\\ncentral school district shall be managed by a board of education\\nconsisting of five, seven or nine members, which board shall have the\\nsame powers and duties as boards of education in union free school\\ndistricts as prescribed by this chapter. Except as provided in this\\narticle, all the provisions of this chapter or of any other general law\\nrelating to or affecting union free school districts shall apply to\\ncentral districts organized as herein provided. The corporate existence\\nof any city school district the territory of which is enlarged by the\\nformation of a central school district pursuant to this article shall\\ncontinue and such central school district shall be and shall be\\ndesignated as a city school district and shall be subject to the\\nprovisions of article fifty-one of this chapter and to those provisions\\nof this article which are not inconsistent with the provisions of\\narticle fifty-one.\\n 2. The first board of education shall be elected at the meeting at\\nwhich the resolution organizing such central school district and\\nestablishing a central school is adopted or in case the alternative\\nvoting procedure authorized by section eighteen hundred three-a of this\\nchapter has been adopted, at the meeting referred to in subdivision\\nseven of such section. It shall be the duty of such meeting to elect\\nfive, seven or nine members of the board of education who shall by order\\nof such meeting be divided into a sufficient number of classes so that\\nas nearly as possible an equal number of members shall be elected to the\\nboard each year.\\n 3. The number of members of the board of education of an organized and\\nexisting central school district may be increased to seven or nine\\nmembers in the same manner as increases are made in union free school\\ndistricts. The number of members of a board containing nine members may\\nbe decreased to seven or five members and the number of members of a\\nboard containing seven members may be decreased to five members in the\\nsame manner as decreases are made in union free school districts.\\n 4. The annual meeting and election in each central school district\\nshall be held on the third Tuesday of May provided, however that such\\nannual meeting and election shall be held on the second Tuesday in May\\nif the commissioner at the request of a local school board certifies no\\nlater than March first that such election would conflict with religious\\nobservances, and any school budget revote shall be held on the date\\nspecified in subdivision three of section two thousand seven of this\\ntitle. Such annual meeting and school budget revote shall be conducted\\nand the election of members of the board shall be held in the same\\nmanner as in union free school districts organized and operating under\\nthe provisions of this chapter. The board of education of each central\\nschool district shall hold a budget hearing not less than seven nor more\\nthan fourteen days prior to the annual or special district meeting at\\nwhich a school budget vote will occur, and shall prepare and present to\\nthe voters at such budget hearing a proposed school district budget for\\nthe ensuing school year.\\n 5. a. Nothing herein contained shall be construed to deprive any\\nexisting school district of the property belonging to such district, or\\nto affect the indebtedness of said district. An existing district within\\nthe meaning of this article shall be construed to mean a district that\\nlies within the boundaries of a central school district. Each such\\nexisting district shall be deemed to continue to exist in law for the\\npurpose of paying all its just debts, including obligations lawfully\\nissued prior to the organization of such central school district,\\ntogether with all interest thereon as the same shall fall due. In\\nlevying the annual school tax upon the property of such central school\\ndistricts, the board of education shall also assess and levy upon the\\ntaxable property of each such existing district which has an outstanding\\nindebtedness, an additional sum sufficient to pay all of such\\nindebtedness which shall fall due during the school year for which the\\ntax is levied less any sum received by such central school district and\\napportioned and credited to the existing school district pursuant to the\\nprovisions of subdivision four of section eighteen hundred six of this\\narticle.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\nwhenever a common school district or a union free school district shall,\\nafter July first, nineteen hundred sixty-four, become a part of a\\ncentral school district either pursuant to the provisions of subdivision\\none of section eighteen hundred two of this article, or pursuant to the\\nprovisions of subdivision two thereof, or whenever a central school\\ndistrict, after such date, shall become a part of another central school\\ndistrict pursuant to either of such provisions, the central school\\ndistrict, of which any such district shall have become a part, shall\\nsucceed to all the property rights of such common, union free or central\\nschool district and all indebtedness of any such school district\\nevidenced by bonds or notes or relating to school building construction\\nshall become a charge upon such central school district of which such\\ndistrict shall have become a part, but all other indebtedness of any\\nsuch district shall be paid by any such district in accordance with the\\nprovisions of section fifteen hundred eighteen of this chapter and to\\nthat extent any such district shall continue to exist in law for the\\npurpose of providing for and paying all such indebtedness in accordance\\nwith the provisions of such section.\\n 6. a. The board of education shall not sell or otherwise dispose of\\nthe property of any such existing district except with the approval of a\\nmajority of the qualified voters of such existing district present and\\nvoting upon the question at a meeting of such voters duly called by such\\nboard of education; provided, however, that upon the expiration of five\\nyears from the date of discontinuance of a school, pursuant to section\\none thousand eight hundred five of this chapter, the board of education\\nmay, in its discretion, without a vote by such qualified voters upon\\nsuch question, sell or otherwise dispose, in the manner provided by law,\\nof such a school or other building previously used for school purposes\\nand the real property on which it is situated. For that purpose the\\nproceeds of such sale or disposal of property belonging to such existing\\ndistrict, after deducting the cost of repairs or improvements made after\\nthe organization of the central school district, shall be used for the\\npayment of the portion payable by such existing district of any\\noutstanding indebtedness of such existing district which shall be due\\nand payable or which may thereafter become due and payable. Any balance\\nremaining after the payment of such indebtedness shall be apportioned\\namong the taxpayers of such existing district as they appear upon the\\nlast completed town or city assessment roll preceding the date of sale,\\nproviding such apportioned sum shall equal or exceed five dollars and\\nunless the voters of such existing district by a majority vote of those\\npresent and voting at a special district meeting called for that purpose\\nshall vote to turn over the proceeds of such sale or disposal of such\\nproperty to the central district to be used for the benefit of the\\ncentral district. Any balance of funds remaining in the treasury of the\\nseveral districts included within the central school district on July\\nfirst next following the date of the establishment of such central\\nschool district, after paying all outstanding obligations then due and\\npayable, shall be turned over to the treasurer of the central school\\ndistrict within thirty days thereafter and shall become available for\\nuse by the board of education of the central school district; provided,\\nhowever, that if any such existing district shall have any obligations\\nwhich shall become due and payable after such July first, so much of any\\nsuch balance of funds as may be necessary shall be held in a special\\naccount by the treasurer of the central school district for the purpose\\nof paying the principal of, and interest on, such obligations, as the\\nsame shall become due and payable from time to time. The title to all\\nproperty erected or otherwise acquired after the organization of such\\ncentral school district shall be vested in the central district,\\nirrespective of the location of such property.\\n b. The provisions of paragraph a of this subdivision shall not be\\napplicable to the property of any common or union free school district\\nwhich, after July first, nineteen hundred sixty-four, shall become part\\nof a central school district, nor to any central school district which,\\nafter such date, shall become part of another central school district.\\n c. Notwithstanding the provisions of paragraph a of this subdivision,\\nthe board of education of a central school district may, by resolution,\\nafter a period of at least seven years of centralization, sell any piece\\nof real property which such board shall deem to be of no use or value\\ntherefor. The sale of such property shall be without the approval of the\\nqualified voters of the school district, unless a petition requiring\\nthat the question as to the sale of such property be submitted to a vote\\nby the qualified voters of such district. Such petition shall be\\nsubscribed and acknowledged by at least ten per centum of the qualified\\nvoters of such district, and filed with the clerk of the board of\\neducation within thirty days of the adoption of such resolution. Upon\\nthe affirmative vote of a majority of the qualified voters, voting\\nthereon, such resolution shall become effective. The proceeds derived\\nfrom such sale shall revert to the use and benefit of the entire\\ndistrict. Upon approval by the board of education, such funds may be (i)\\nutilized to reduce existing bonded indebtedness; (ii) applied to\\nconstruction, reconstruction or renovation within such district; or\\n(iii) applied to the general fund of such district.\\n 7. Deeds of property sold or disposed of under the provisions of the\\npreceding subdivision shall be executed by the board of education of the\\ncentral school district or a majority of the members thereof. Any deed\\nduly executed and delivered by the board of education of the central\\nschool district in the course of a sale or disposal of real property of\\na constituent district pursuant to the provisions of the preceding\\nsubdivision shall be valid and effectual to pass all the estate or\\ninterest of such constituent district in the premises. All deeds or\\nother conveyances of real property of any district heretofore made and\\ndelivered, executed by said board of education of said central school\\ndistrict by its officers, or in the manner in which deeds are executed\\nby corporations, or executed in any other manner, shall be as valid and\\nof the same force and effect as if executed by said board of education\\nof said central school district or a majority of the members thereof;\\nbut this provision shall not affect any action or proceeding pending at\\nthe time of the taking effect hereof.\\n 8. The board of education may, in its discretion, provide compensation\\nto a speaker or speakers at commencement day exercises in such amount as\\nmay be determined by the board.\\n * 9. a. The board of education shall, for purposes of a criminal\\nhistory record check, require the fingerprinting of all prospective\\nemployees pursuant to section three thousand thirty-five of this\\nchapter, who do not hold valid clearance pursuant to such section or\\npursuant to section three thousand four-b of this chapter or section\\nfive hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and\\ntraffic law. Prior to initiating the fingerprinting process, the\\nprospective employer shall furnish the applicant with the form described\\nin paragraph (c) of subdivision thirty of section three hundred five of\\nthis chapter and shall obtain the applicant's consent to the criminal\\nhistory records search. Every set of fingerprints taken pursuant to this\\nsubdivision shall be promptly submitted to the commissioner for purposes\\nof clearance for employment.\\n b. Upon the recommendation of the superintendent, the board may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance shall be forwarded to the commissioner along with the\\nprospective employee's fingerprints, as required by paragraph a of this\\nsubdivision. Such appointment shall not commence until notification by\\nthe commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n c. Upon the recommendation of the superintendent, the board may make\\nan emergency conditional appointment when an unforeseen emergency\\nvacancy has occurred. When such appointment is made, the process for\\nconditional appointment pursuant to paragraph b of this subdivision must\\nalso be initiated. Emergency conditional appointment may commence prior\\nto notification from the commissioner on conditional clearance but shall\\nterminate twenty business days from the date such appointment commences\\nor when the prospective employer is notified by the commissioner\\nregarding conditional clearance, whichever occurs earlier, provided that\\nif conditional clearance is granted the appointment shall continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (ii) when no other qualified person\\nis available to fill the vacancy temporarily; and (iii) when emergency\\nconditional appointment is necessary to maintain services which the\\ndistrict is legally required to provide or services necessary to protect\\nthe health, education or safety of students or staff. The provisions of\\nsubparagraph (i) of this paragraph shall not apply if the board finds\\nthat the district has been unable to fill the vacancy despite good faith\\nefforts to fill such vacancy in a manner which would have allowed\\nsufficient time for clearance or conditional clearance.\\n d. Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * 9. The board of education shall, for purposes of a criminal history\\nrecord check, require the fingerprinting of all prospective employees\\npursuant to section three thousand thirty-five of this chapter, who do\\nnot hold valid clearance pursuant to such section or pursuant to section\\nthree thousand four-b of this chapter or section five hundred nine-cc or\\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\\ninitiating the fingerprinting process, the prospective employer shall\\nfurnish the applicant with the form described in paragraph (c) of\\nsubdivision thirty of section three hundred five of this chapter and\\nshall obtain the applicant's consent to the criminal history records\\nsearch. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the commissioner for purposes of\\nclearance for employment.\\n * NB Effective July 1, 2015\\n 10. The board of education shall upon commencement and termination of\\nemployment of an employee by the school district, provide the\\ncommissioner with the name of and position held by such employee.\\n 11. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n 12. Each central school district, at the next annual meeting\\nsubsequent to the effective date of the chapter of the laws of two\\nthousand five which amended this subdivision, may submit to the\\nqualified voters of the district for approval, the issue of ex officio\\nstudent membership on the school district's board of education, by a\\nstudent attending a high school within such school district. Upon voter\\napproval, each such district shall establish a process for student\\nmembership selection pursuant to paragraph c of this subdivision. If,\\nprior to August fifth, two thousand three, a school district had a\\npolicy that allowed a student or students to be ex officio members of\\nthe school board, such policy shall be deemed to meet the requirements\\nof this subdivision and shall be deemed to have full legal effect. In\\nany district that contains more than one high school, such process shall\\ntake into consideration the number of high schools within the district\\nand provide for a mechanism which allows for fair representation among\\nthe schools. Such school district shall allow such selected student to\\nserve as an ex officio member of such district's board of education,\\nand, if so, provided further that:\\n a. The ex officio student member of the board shall be entitled to sit\\nwith board members at all public meetings of the board and participate\\nin all board hearings and meetings.\\n b. The ex officio student member of the board shall not be allowed to\\nvote, shall not be allowed to attend executive session, and shall not be\\nentitled to receive compensation of any form for participating at board\\nmeetings.\\n c. Notwithstanding any other law to the contrary, the ex officio\\nstudent member of the board may be any of the following: the student\\nthat has been duly elected as student president of the high school; a\\nstudent duly elected by the student body; a student selected by the high\\nschool student government; a student selected by the high school\\nprincipal; a student selected by the superintendent of schools; a\\nstudent selected by majority vote of the school board. Provided,\\nhowever, in districts having district-wide student governments or\\nadvisory committees, the student ex officio member shall be selected by\\nthe superintendent of schools from among the members of such\\ndistrict-wide student governments or advisory committees, subject to\\nratification by majority vote of the school board.\\n d. The ex officio student member shall be a senior at the high school\\nand shall have attended such high school for at least two years prior to\\nselection.\\n 12-a. Each central school district may offer to the voters once every\\ntwo years, on the same date as the annual school district budget vote, a\\nseparate referendum to decide whether the school district shall allow a\\nstudent, as established under this section, to serve on the school board\\nas an ex officio, non-voting member.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1805", "title" : "Powers of central school district; officers of component districts; transition state aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1805", "activeDate" : "2014-09-22", "sequenceNo" : 764, "repealedDate" : null, "fromSection" : "1805", "toSection" : "1805", "text" : " § 1805. Powers of central school district; officers of component\\ndistricts; transition state aid. All central school districts shall\\nhave the same powers and be subject to the same limitations that are now\\nconferred or imposed by law upon union free school districts as provided\\nby this chapter. The district officers of the several existing\\ndistricts shall remain in office until August first next following\\norganization of such central school district for the purpose of\\nconducting and maintaining school in the several districts, the carrying\\nout of contracts in force at the time of the organization of such\\ncentral school district, of paying all just debts and obligations of\\nsuch existing districts due and payable on or prior to said August\\nfirst, and of levying and collecting taxes raised or necessary to be\\nraised for any of said purposes. For the purposes of the apportionment\\nand payment of public moneys, notwithstanding any other provisions of\\nthis article, any apportionments and payments made during the school\\nyear in which such central school district was organized shall be\\napportioned and credited to the existing districts. Any apportionments\\nmade and paid during the school year next succeeding the date of the\\norganization of such central school district shall be made and credited\\nto the central school district but the amounts thereof shall be\\ndetermined upon the basis of the continuance of the existing districts\\nas separate districts during the entire school year in which such\\ncentral school district was organized.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1807", "title" : "Transportation of school children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1807", "activeDate" : "2014-09-22", "sequenceNo" : 765, "repealedDate" : null, "fromSection" : "1807", "toSection" : "1807", "text" : " § 1807. Transportation of school children. 1. The commissioner of\\neducation shall have power in any such central school district to\\nrequire the payment by the district of such expense of transportation of\\nschool children to and from the schools they legally attend within the\\ndistrict as in his judgment such transportation is required because of\\nthe remoteness of the school to the pupil or for the promotion of the\\nbest interests of such children and the same shall be a charge upon the\\ndistrict.\\n 2. In any part of the city school district of the city of Syracuse for\\nwhich transportation of school children is not provided and which the\\nboard of education of such district shall have designated as an area\\npresenting a danger or hazard to school children walking to and from\\nschool, such board may provide transportation for such school children\\nto and from the school they legally attend within the district and the\\ncost of such transportation shall be a charge upon the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1809", "title" : "Apportionment to central school districts containing former central school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1809", "activeDate" : "2014-09-22", "sequenceNo" : 766, "repealedDate" : null, "fromSection" : "1809", "toSection" : "1809", "text" : " § 1809. Apportionment to central school districts containing former\\ncentral school districts. Whenever a new central school district shall\\nbe laid out and organized out of territory including existing central\\nschool districts, or whenever a central school district shall have\\nterritory annexed to it including existing central school districts,\\nsuch central school district shall be entitled to receive the same\\napportionments as it would have received had all the districts included\\nin the existing central school district or districts included in such\\nterritory been originally laid out and organized as a central school\\ndistrict; provided that the amount of the building quota or quotas if\\nany for each central school district included in such new central school\\ndistrict or annexed to such central school district shall continue to be\\npaid to the new central school district or the central school district\\nto which such territory is annexed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A39", "title" : "Central High School Districts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "39", "activeDate" : "2014-09-22", "sequenceNo" : 767, "repealedDate" : null, "fromSection" : "1901", "toSection" : "1917-A", "text" : " ARTICLE 39\\n CENTRAL HIGH SCHOOL DISTRICTS\\nSection 1901. Central high school districts; number and election of\\n members of board of education.\\n 1902. Other districts may join central high school district.\\n 1903. Powers of board of education; laws applicable.\\n 1904. Annual organizational meeting of board of education in\\n the county of Nassau.\\n 1905. District treasurer and clerk; custody and disbursement\\n of funds.\\n 1906. District meetings; vote upon school taxes.\\n 1907. Transportation of pupils.\\n 1908. Apportionment of expenses.\\n 1909. State aid.\\n 1910. Location of site or sites.\\n 1911. Acquisition of site and erection of building.\\n 1912. Formation of central high school districts in the county\\n of Suffolk.\\n 1913. Laying out; referendum procedure.\\n 1914. Board of education; number and election.\\n 1915. Facilities; housing of program.\\n 1916. Superintendent status.\\n 1917. Employees; employment rights.\\n 1917-a. Employees; employment rights; creation of new central\\n high school district.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1901", "title" : "Central high school districts; number and election of members of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-09-13", "2025-07-04" ], "docLevelId" : "1901", "activeDate" : "2014-09-22", "sequenceNo" : 768, "repealedDate" : null, "fromSection" : "1901", "toSection" : "1901", "text" : " § 1901. Central high school districts; number and election of members\\nof board of education. 1. Existing central high school districts are\\ncontinued. Boards of education of such central high school districts\\nheretofore established shall continue as constituted under the order of\\nthe commissioner. The number of their members shall be not less than\\nfive. There shall be at least one member of such a board from each\\ncommon school district and at least two from each union free school\\ndistrict within the central high school district. The board of education\\nof each union free school district in each such central high school\\ndistrict shall appoint the number of persons so designated by the\\ncommissioner to represent such district as members of the board of\\neducation of such central high school district. In each common school\\ndistrict having a sole trustee, such trustee shall represent such\\ndistrict as a member of the board of education of such central high\\nschool district. If a common school district have three trustees, such\\nboard of trustees shall designate one of its members to represent such\\ndistrict as a member of such board of education. The persons so\\ndesignated shall be members of the board of education of the central\\nhigh school district during their terms of office as members of the\\nboard of education or as trustees of the districts respectively\\nrepresented by them. Whenever a vacancy shall occur in the office of a\\nmember of the board of education of such central high school district,\\nit shall be filled as above provided.\\n 2. Each central high school district, at the next annual meeting and\\nelection subsequent to the effective date of the chapter of the laws of\\ntwo thousand five which added this subdivision, may submit to the\\nqualified voters of the district for approval the issue of ex officio\\nstudent membership, on the school district's board of education, by a\\nstudent attending a high school within such school district. Upon voter\\napproval, each such district shall establish a process for student\\nmembership selection pursuant to paragraph c of this subdivision. If,\\nprior to August fifth, two thousand three, a school district had a\\npolicy that allowed a student or students to be ex officio members of\\nthe school board, such policy shall be deemed to meet the requirements\\nof this subdivision and shall be deemed to have full legal effect. In\\nany district that contains more than one high school, such process shall\\ntake into consideration the number of high schools within the district\\nand shall provide for a mechanism which allows for fair representation\\namong the schools. Such district shall allow such selected student to\\nserve as an ex officio member of such board of education, and, if so,\\nprovided further that:\\n a. The ex officio student member of the board shall be entitled to sit\\nwith board members at all public meetings of the board and participate\\nin all board hearings and meetings.\\n b. The ex officio student member of the board shall not be allowed to\\nvote, shall not be allowed to attend executive session, and shall not be\\nentitled to receive compensation of any form for participating at board\\nmeetings.\\n c. Notwithstanding any other law to the contrary, the ex officio\\nstudent member of the board may be any of the following: the student\\nthat has been duly elected as student president of the high school; a\\nstudent duly elected by the student body; a student selected by the high\\nschool student government; a student selected by the high school\\nprincipal; a student selected by the superintendent of schools.\\nProvided, however, in districts having district-wide student governments\\nor advisory committees, student ex officio members shall be selected by\\nthe superintendent of schools from among the members of such\\ndistrict-wide student governments or advisory committees, subject to\\nratification by majority vote of the school board.\\n d. The ex officio student member shall be a senior at the high school\\nand shall have attended such high school for at least two years prior to\\nselection.\\n 3. Each central high school district may offer to the voters once\\nevery two years, on the same date as the annual school district budget\\nvote, a separate referendum to decide whether the school district shall\\nallow a student, as established under this section, to serve on the\\nschool board as an ex officio, non-voting member.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1902", "title" : "Other districts may join central high school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1902", "activeDate" : "2014-09-22", "sequenceNo" : 769, "repealedDate" : null, "fromSection" : "1902", "toSection" : "1902", "text" : " § 1902. Other districts may join central high school district. Other\\nschool districts that were not included in the establishment of the\\noriginal central high school district may join such district upon a vote\\nof the majority of the electors of such district present and voting at a\\ndistrict meeting duly called for that purpose and upon the consent of\\nthe board of education of the central high school district and the order\\nof the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1903", "title" : "Powers of board of education; laws applicable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1903", "activeDate" : "2014-09-22", "sequenceNo" : 770, "repealedDate" : null, "fromSection" : "1903", "toSection" : "1903", "text" : " § 1903. Powers of board of education; laws applicable. 1. The board of\\neducation of a central high school district shall have jurisdiction over\\nthe pupils residing therein who have completed the work of the sixth\\ngrade and shall have the same powers and duties in respect to the school\\ntherein as a board of education of a union free school district has,\\nunder this chapter, in respect to the schools in such district. Except\\nas otherwise provided in this article, the provisions of this chapter as\\nto the courses of study, the qualifications and employment of teachers\\nand the maintenance, conduct and supervision of public schools in union\\nfree school districts shall apply to a central high school district.\\n 2. Where the district has provided transportation to students enrolled\\nin such district to a school sponsored field trip, extracurricular\\nactivity or any other similar event, it shall provide transportation\\nback to either the point of departure or to the appropriate school in\\nthe district, unless the parent or legal guardian of a student\\nparticipating in such event has provided the school district with\\nwritten notice, consistent with district policy, authorizing an\\nalternative form of return transportation for such student or unless\\nintervening circumstances make such transportation impractical. In cases\\nwhere intervening circumstances make transportation of a student back to\\nthe point of departure or to the appropriate school in the district\\nimpractical, a representative of the school district shall remain with\\nthe student until such student's parent or legal guardian has been (a)\\ncontacted and informed of the intervening circumstances which make such\\ntransportation impractical and (b) such student had been delivered to\\nhis or her parent or legal guardian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1904", "title" : "Annual organizational meeting of board of education in the county of Nassau", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1904", "activeDate" : "2014-09-22", "sequenceNo" : 771, "repealedDate" : null, "fromSection" : "1904", "toSection" : "1904", "text" : " § 1904. Annual organizational meeting of board of education in the\\ncounty of Nassau. The annual organizational meeting of the board of\\neducation of every central high school district in the county of Nassau\\nshall be held on the second Tuesday in July of each year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1905", "title" : "District treasurer and clerk; custody and disbursement of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1905", "activeDate" : "2014-09-22", "sequenceNo" : 772, "repealedDate" : null, "fromSection" : "1905", "toSection" : "1905", "text" : " § 1905. District treasurer and clerk; custody and disbursement of\\nfunds. The board of education of a central high school district shall\\nappoint a treasurer, who shall hold office during the pleasure of the\\nboard and shall be subject to the provisions of this chapter relative to\\nthe treasurer of a union free school district. The amount raised by tax\\nin the several districts included within the central high school\\ndistrict for the support and maintenance of such central high school,\\nshall be paid to the treasurer of such central high school district and\\nshall be paid out by him upon the orders of the board of education\\nissued and executed in pursuance of a resolution of said board. The\\nprovisions of this chapter relative to the payment of claims against a\\nunion free school district shall apply, so far as practicable, to the\\npayment of claims against a central high school district. The board of\\neducation of such district may appoint one of its members or a qualified\\nelector of such district as clerk of the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1906", "title" : "District meetings; vote upon school taxes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1906", "activeDate" : "2014-09-22", "sequenceNo" : 773, "repealedDate" : null, "fromSection" : "1906", "toSection" : "1906", "text" : " § 1906. District meetings; vote upon school taxes. 1. The annual\\nmeeting and election of a central high school district shall be held on\\nthe third Tuesday in May, provided, however, that such annual meeting\\nand election shall be held on the second Tuesday in May if the\\ncommissioner at the request of a local school board certifies no later\\nthan March first that such election would conflict with religious\\nobservances, and any school budget revote shall be held on the date\\nspecified in subdivision three of section two thousand seven of this\\ntitle. The board of education of every central high school district\\nshall hold a budget hearing prior to each annual meeting and election or\\nspecial district meeting at which a school budget vote will occur, and\\nshall prepare and present to the voters at such budget hearing a\\nproposed school district budget for the ensuing school year. Special\\nmeetings may be called in the same manner and for the same purposes as\\nspecial meetings in union free school districts. Such meetings shall be\\nheld for the same purposes and in the same manner, and be subject to the\\nsame provisions of law, except as may be provided otherwise in\\nsubdivision two of this section, as like meetings in union free school\\ndistricts, and all persons who are qualified electors of the school\\ndistricts included in such central high school district may vote at such\\nmeetings.\\n 2. For any annual or special meeting the board of education may on its\\nown motion divide the central high school district into such number of\\nelection districts as there shall be union free school districts within\\nthe central high school district. The boundaries of such election\\ndistricts shall be coterminous with the boundaries of such union free\\nschool districts. Such meetings shall be held so far as possible in the\\npublic schoolhouse within each such election district designated by the\\nboard of education. The schoolhouse or other place so designated for\\neach election district shall be stated in the notice of the meeting. The\\nlegal voters present in each election district shall elect a chairman\\nand secretary and the chairman so elected shall appoint at least three\\ninspectors of election who shall canvass the result of the election in\\nsuch election district and prepare and sign a statement showing the\\nresults of the voting. Each such statement shall be forthwith delivered\\nto the district clerk. The district clerk shall forthwith examine and\\ntabulate the statements and prepare a certificate of the combined\\nresults of the voting, announce the result thereof and record the\\ncertificate with the records of the meeting. The proceedings, in the\\nevent of such division, in all other respects shall be the same as if\\nthe school meeting were held in one place.\\n 3. The board of education of such district shall present at the annual\\nmeeting a detailed statement in writing of the estimated expenditures\\nrequired for the support and maintenance of the central high school\\ntherein for the ensuing year. The said meeting shall vote the necessary\\ntaxes to meet such expenditures, in the same manner as taxes are voted\\nat a district meeting in a union free school district. The provisions of\\nsections seventeen hundred twenty-five and seventeen hundred sixteen to\\nseventeen hundred nineteen, inclusive, of this chapter, and all other\\nprovisions relative to the making of appropriations, the voting of\\ntaxes, and the expenditure of moneys for the support, maintenance and\\nexpenses of public schools in union free school districts, shall apply\\nto the support, maintenance, and expenses of a central high school\\ndistrict.\\n 4. a. Whenever the board of education of a central high school\\ndistrict in the county of Nassau shall have provided for the personal\\nregistration of voters at school meetings or elections in such district,\\nsuch board of education shall fix the day or days for registration by\\nresolution adopted not later than the fortieth day preceding each annual\\nor special meeting or election in such district. The last day for such\\nregistration shall not be more than eleven nor less than three days\\npreceding each annual or special meeting or election. Such board shall\\nforthwith notify the clerk of each component union free school district\\nproviding for personal registration, of such registration day or days\\nfor each annual meeting. Such board shall also notify each such clerk of\\nevery special meeting or election in such central high school district\\nat least ten days prior thereto. The board of registration of the\\ncentral high school district shall meet on the day or days fixed by such\\nboard of education for the purpose of preparing a register,\\ncomplementary to the register or registers of any component union free\\nschool district providing for personal registration, for the personal\\nregistration of qualified voters within any component union free school\\ndistrict providing for personal registration, which voters have not\\nregistered for the annual or any subsequent special meeting or election\\nin such union free school district, and for the personal registration of\\nqualified voters of any component union free school district not\\nproviding for personal registration.\\n b. Whenever personal registration of voters shall have been provided\\nfor in any such central high school district, any qualified voter of a\\ncomponent union free school district who is duly registered in such\\nunion free school district for the annual meeting or a subsequent\\nspecial meeting or election therein, shall be deemed duly registered for\\nand entitled to vote at the annual meeting or any special meeting or\\nelection in such central high school district occurring between the date\\nof such registration and the next ensuing annual meeting.\\n c. Whenever the board of education of such central high school\\ndistrict shall have so provided for registration of voters, the board of\\neducation of any component union free school district in such central\\nhigh school district, which board of education shall have provided or\\nshall provide for personal registration of voters at school meetings or\\nelections of such union free school district, shall designate the day or\\ndays for registration so that the last day for such registration shall\\nnot be more than eleven nor less than five days preceding each such\\nschool meeting. In designating the day or days of registration for the\\nannual meeting such board shall include the day or days which shall have\\nbeen theretofore designated by the board of education of the central\\nhigh school district as the registration day or days for the annual\\nmeeting of the central high school district. The register prepared in\\nsuch union free school district, in addition to complying with the\\nrequirements of subdivision two of section two thousand fourteen of this\\nchapter, shall include columns or space to make the proper entries\\nrelating to any annual or special central high school district meeting\\nor election. Such register shall be delivered by the clerk of such union\\nfree school district to the custody of the clerk of the central high\\nschool district on the day preceding the meeting or election of the\\ncentral high school district at which it is to be used. It shall be\\nreturned to the clerk of the union free school district on the day\\nfollowing such meeting or election. Such register shall at all\\nreasonable times be open to inspection by any qualified voter of the\\ncentral high school district, even though in the possession of the clerk\\nof such union free school district.\\n d. The provisions of sections two thousand four, two thousand fourteen\\nand two thousand fifteen of this chapter shall be applicable in any\\ncentral high school district providing for personal registration, except\\nas otherwise provided in this subdivision.\\n e. Nothing contained in this subdivision shall be deemed to require\\nthe board of education of any component union free school district to\\nprovide for personal registration of voters for meetings or elections in\\nsuch union free school district.\\n 5. a. The board of education of a central high school district in the\\ncounty of Nassau, which has provided for the personal registration of\\nvoters at school meetings and elections in such central high school\\ndistrict, may, by resolution duly adopted and entered upon its minutes,\\non its own motion divide the central high school district into election\\ndistricts. The boundaries of such election districts shall be\\ncoterminous with the boundaries of the union free school districts\\nwithin the central high school district, except that where a component\\nunion free school district, in turn, shall have been or hereafter is\\ndivided into school election districts pursuant to section two thousand\\nseventeen of this chapter, such school election districts of such union\\nfree school districts shall in such case, without further action of the\\nboard of education of the central high school district, become and be\\nelection districts of the central high school district.\\n b. Where the board of education shall have so divided the central high\\nschool district into election districts pursuant to the provisions of\\nthis subdivision, notwithstanding the provisions of subdivisions one and\\nthree of this section, the vote upon the appropriation of the necessary\\nfunds to meet the estimated expenditures of the central high school\\ndistrict and upon any propositions involving the expenditure of money by\\nthe central high school district or upon any other matter which may\\nproperly be brought before the annual meeting or election of the central\\nhigh school district, shall be held at the same time as the annual\\nmeetings or elections of the component union free school districts. The\\nclerk of the central high school district shall give the notices\\nrequired by subdivision one of section two thousand four of this\\nchapter, in relation to such annual meeting.\\n c. Where the procedure of this subdivision is used, the board of\\neducation of the central high school district shall notify the clerk of\\neach component union free school district of such determination, not\\nlater than thirty days preceding the date of such annual meeting. In\\nsuch case, also, the board of education of the central high school\\ndistrict shall complete the statement required by section seventeen\\nhundred sixteen of this chapter and shall forward a sufficient number of\\ncopies thereof to the clerk of each component union free school district\\ntherein, not later than ten days preceding such annual meeting or\\nelection, and such copies shall thereupon be made available by the clerk\\nof each such component union free school district, together with the\\ncopies of the statement relating to such component union free school\\ndistrict, provided, however, that an additional supply of copies of such\\nstatement shall also be made available to the annual meeting of the\\ncentral high school district by the clerk of such district.\\n d. Each clerk of a component union free school district shall\\nthereupon include in the notices required by section two thousand four\\nof this chapter, relating to the annual meeting or election in such\\ncomponent union free school district, a statement to the effect that the\\nmeeting or election will also vote on the appropriation of the necessary\\nfunds to meet the estimated expenditures of the central high school\\ndistrict and upon any propositions involving the expenditure of moneys\\nby the central high school district or upon any other matter which may\\nbe properly brought before the annual meeting or election of the central\\nhigh school district. Such appropriation and propositions, if any, shall\\nthen appear separately upon the ballot or voting machines used at such\\nmeetings or elections in such component union free school districts. The\\ncanvass of the result of the vote on each such appropriation and\\nproposition relating to the central high school district shall forthwith\\nbe certified to the clerk of each such component union free school\\ndistrict, who in turn shall forthwith certify such canvass to the clerk\\nof the central high school district. Such clerk shall forthwith examine\\nand tabulate such statements and prepare a certificate of the combined\\nresults of the vote, announce the result thereof to the board of\\neducation of the central high school district and record the certificate\\nwith the records of the meeting or election.\\n e. Where the board of education of a central high school district\\nproceeds under the provisions of this subdivision, the registration of a\\nqualified voter of a component union free school district upon the\\nregister of such union free school district shall be a sufficient\\nregistration for the purpose of the vote of such voter on the\\nappropriation and propositions of the central high school district.\\n f. When the board of education of such central high school district\\ncalls a special meeting or election of such central high school\\ndistrict, the respective boards of registration of the component union\\nfree school districts shall meet on such day or days as shall be fixed\\nby the board of education of the central high school district and the\\nprovisions of section two thousand fourteen of this chapter shall be\\napplicable to the registration for special meetings or elections of the\\ncentral high school district, except as otherwise provided in this\\nsubdivision. The canvass of the result of the voting at such special\\nmeeting or election shall forthwith be certified to the clerk of the\\ncentral high school district who shall forthwith proceed in the same\\nmanner as hereinbefore provided in the case of an annual meeting or\\nelection.\\n g. If voting machines are used in any component union free school\\ndistrict of such central high school district, the rules printed and\\ndistributed pursuant to section two thousand thirty-five of this chapter\\nin such union free school district shall also contain the rules\\nsimilarly adopted or to be adopted by the board of education of the\\ncentral high school district with respect to any propositions relating\\nto such central high school district.\\n h. All the provisions of articles thirty-nine and forty-one of this\\nchapter shall be applicable to any annual or special meeting or election\\nheld pursuant to this subdivision, except as otherwise provided in this\\nsubdivision either expressly or by necessary implication.\\n i. Upon an appeal to the commissioner of education, substantial\\ncompliance with the procedures herein required shall be sufficient to\\nmeet the intent of this subdivision.\\n 6. The provisions of this section shall not apply with respect to any\\nperson registered to vote pursuant to the provisions of section three\\nhundred fifty-two of the election law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1907", "title" : "Transportation of pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1907", "activeDate" : "2014-09-22", "sequenceNo" : 774, "repealedDate" : null, "fromSection" : "1907", "toSection" : "1907", "text" : " § 1907. Transportation of pupils. The board of education of such\\ncentral high school district may cause transportation to be furnished to\\nthe pupils residing in the district who are entitled to attend such\\ncentral high school or other public or non-public high school within the\\ncentral high school district and who reside so remote from the high\\nschool they legally attend that they will be deprived of the privilege\\nof attendance thereat unless such transportation is furnished. The cost\\nof such transportation shall be a charge against such central high\\nschool district and shall be raised by tax without a vote of the\\ndistrict and be paid in the same manner as are any expenditures for the\\nsupport and maintenance of such central high school district. The\\ncommissioner of education may, upon sufficient notice to such board of\\neducation and after an opportunity to such board to be heard in its\\ndefense, issue an order directing such board to provide such\\ntransportation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1908", "title" : "Apportionment of expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1908", "activeDate" : "2014-09-22", "sequenceNo" : 775, "repealedDate" : null, "fromSection" : "1908", "toSection" : "1908", "text" : " § 1908. Apportionment of expenses. 1. The board of education of such\\ncentral high school district shall cause to be apportioned among the\\nschool districts included in such central high school district the\\namount required for the payment of the principal and interest of all\\nobligations issued for the purchase or acquisition of a school site, the\\nerection thereon of a new school building and the construction of\\nimprovements and other structures on such site, and for the payment of\\nthe authorized expenditures for the maintenance, support and expenses of\\nsuch high school during the ensuing school year. There shall be\\napportioned to each such district such portion of such amount as the\\nassessed valuation of the taxable property in such district bears to the\\ntotal assessed valuation of all the school districts included in such\\ncentral high school district, as appears from the last preceding\\nassessment roll. The board of education of such central high school\\ndistrict shall on or before July first of each year present to the board\\nof education of each union free school district and to the trustee or\\nboard of trustees of each common school district in such central high\\nschool district a certified statement of the portion of such amount to\\nbe paid by each of such districts, except that in a central high school\\ndistrict where the board of education has by resolution pursuant to\\nsection nineteen hundred six determined that the annual meeting of such\\ncentral high school district shall be held on the last Tuesday in April,\\nand where the annual meeting has been so held, the board of education of\\nsuch central high school district must present the above mentioned\\ncertified statement in the manner above set out on or before May tenth\\nof each year, and the said boards of education, boards of trustees or\\ntrustees shall cause the same to be raised by tax on the taxable\\nproperty in such districts in the same manner as other taxes for the\\nsupport and maintenance of the schools therein.\\n 2. The board of education of a central high school district in the\\ncounty of Westchester shall present such certified statements to the\\nboard of education of each union free school district and to the\\ntrustees or board of trustees of each common school district in such\\ncentral high school district on or before the third Tuesday in June each\\nyear, and such boards of education, boards of trustees or trustees shall\\ninclude such amount in the annual school taxes of such districts and\\ncertify the same to the supervisor of the town before July first each\\nyear as provided in the laws applicable to such county.\\n 3. The board of education or the trustees of each school district\\nwithin and forming a part of such central high school district situate\\nwithin the county of Nassau, within ten days after receipt of any\\npayment of moneys raised by taxation as determined by the school\\ndistrict assessment roll, shall pay or cause to be paid over to the\\ntreasurer of such central high school district a sum of money not less\\nthan an amount which bears the same ratio to such payment received by\\nthe said board of education or trustees as such school district's share\\nof the central high school budget bears to the total budget of such\\nschool district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1909", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1909", "activeDate" : "2014-09-22", "sequenceNo" : 776, "repealedDate" : null, "fromSection" : "1909", "toSection" : "1909", "text" : " § 1909. State aid. 1. Public moneys shall be apportioned to such\\ncentral high school district on account of the central high school\\nmaintained therein, in the same amount and under the same conditions as\\nin the case of apportionments to union free school districts on account\\nof secondary instruction given in the public schools of such districts,\\nunder the provisions of this chapter. There shall be apportioned to such\\ncentral high school district the amounts allowed by section two thousand\\nforty-five of this chapter for the instruction of non-resident academic\\npupils, on account of pupils attending the high school in such central\\nhigh school district from a district or districts included in such\\ncentral high school district not maintaining an academic department at\\nthe time of the establishment of such district.\\n 2. Any state aid representing tax savings duly provided by a component\\nschool district of the central high school district pursuant to section\\nthirteen hundred six-a of the real property tax law for taxes levied to\\nfund expenditures of the central high school district shall be claimed\\nby such component school district pursuant to subdivision three of\\nsection thirteen hundred six-a of the real property tax law, and any\\nresulting payment of state aid to the component school district based on\\nsuch tax savings shall be paid by the component school district, within\\nten days after receipt of such payment, over to the treasurer of such\\ncentral high school district in an amount equal to the product of the\\ntotal payment received by such component school district for all tax\\nsavings provided pursuant to section thirteen hundred six-a of the real\\nproperty tax law multiplied by the quotient of the tax savings provided\\nfor taxes levied to fund expenditures of the central high school\\ndistrict divided by the total tax savings duly provided by such\\ncomponent school district pursuant to section thirteen hundred six-a of\\nthe real property law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1910", "title" : "Location of site or sites", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1910", "activeDate" : "2014-09-22", "sequenceNo" : 777, "repealedDate" : null, "fromSection" : "1910", "toSection" : "1910", "text" : " § 1910. Location of site or sites. The board of education of such\\ncentral high school district shall designate the site or sites for one\\nor more central high school buildings in such district or for any other\\nschool purpose by resolution containing a description thereof by metes\\nand bounds. If such board of education is unable to agree as to the\\nselection of such site or sites, or shall for any reason neglect or\\nrefuse to designate such site or sites, the commissioner of education\\nmay upon submission of the question to him, after a hearing and due\\ninvestigation, issue an order determining the location of such site or\\nsites.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1911", "title" : "Acquisition of site and erection of building", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1911", "activeDate" : "2014-09-22", "sequenceNo" : 778, "repealedDate" : null, "fromSection" : "1911", "toSection" : "1911", "text" : " § 1911. Acquisition of site and erection of building. 1. The board of\\neducation of a central high school district shall, when the site of the\\nsaid high school building shall have been designated as provided herein,\\nsubmit to the qualified electors of such district a proposition\\nauthorizing the levy and collection of a tax, in one sum or by\\ninstallments, sufficient in amount for the purchase or acquisition of\\nsuch site.\\n 2. The said board of education shall also submit to the qualified\\nelectors of the said central high school district a proposition\\nauthorizing the levy and collection of a tax, in one sum or in\\ninstallments, for the erection on such site of a new building suitable\\nfor high school purposes and for the construction of such improvements\\nor structures on such site as may be required for the establishment and\\nmaintenance of a high school in such district.\\n 3. Such propositions shall be voted upon by the qualified electors of\\nthe district at a meeting called by the board of education of such\\ncentral high school district, and for the purpose of voting upon such\\npropositions the said district shall be deemed to be a school district\\nand the provisions of this chapter relative to district meetings and the\\nadoption of propositions authorizing the levy of school taxes shall\\napply to meetings held in such central high school district for the\\npurposes herein specified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1912", "title" : "Formation of central high school districts in the county of Suffolk", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1912", "activeDate" : "2014-09-22", "sequenceNo" : 779, "repealedDate" : null, "fromSection" : "1912", "toSection" : "1912", "text" : " § 1912. Formation of central high school districts in the county of\\nSuffolk. A central high school district may be formed by the\\ncombination of two or more central, union free or common school\\ndistricts in the county of Suffolk. The territory shall be contiguous.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1913", "title" : "Laying out; referendum procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1913", "activeDate" : "2014-09-22", "sequenceNo" : 780, "repealedDate" : null, "fromSection" : "1913", "toSection" : "1913", "text" : " § 1913. Laying out; referendum procedure. 1. The commissioner is\\nauthorized to lay out a central high school district for the\\nestablishment and maintenance of instruction for secondary pupils in\\ngrades seven through twelve and to fix its boundaries.\\n 2. Within ten days after the making and entry of the order pursuant to\\nthis section, the commissioner shall transmit a certified copy thereof\\nto the clerk, or in the event there is no clerk, to the trustee or\\ntrustees of each school district affected by such order. The clerk, the\\ntrustee or trustees, as the case may be, shall, within five days after\\nreceipt of such order, post a copy thereof in five conspicuous places in\\nsuch district.\\n 3. No central high school district laid out by order of the\\ncommissioner shall operate as such until it has been established by the\\nqualified voters of the district in accordance with the provisions of\\nthis article.\\n 4. Upon the request of the boards of education of two or more school\\ndistricts involved, or upon the receipt of petitions representing\\nqualified voters equal to ten percent of resident school age pupils from\\neach of a majority of the districts to be included, the commissioner\\nshall order a referendum to be conducted in each of the districts\\nincluded in the proposed reorganization. The conduct of such referenda\\nshall be consistent with the provisions of sections eighteen hundred\\none, eighteen hundred two, eighteen hundred three and eighteen hundred\\nfour of this chapter, except as specifically provided in this article.\\nIf the resolution to establish the central high school district is\\npassed in all of the districts, the central high school district shall\\nbe established as laid out. If the proposition to establish the central\\nhigh school district shall fail to receive a majority of the votes cast\\nin any district, the order laying out such central high school district\\nshall be deemed void. However, nothing herein contained shall prevent\\nthe commissioner from issuing a new order and ordering a vote in\\ndistricts in which a resolution shall have received a majority of the\\nvotes cast. An order defeated at the polls may not be reissued for two\\nyears. Notwithstanding any inconsistent provision of law, upon consent\\nof the commissioner and each of the boards of education of the school\\ndistricts involved, there may also be offered before the qualified\\nvoters of all the districts, at the same time as the referendum to form\\na central high school district, a bond referendum for the construction\\nof a new high school to serve as the central high school of the new\\ncentral high school district, provided, however, that if either\\nreferendum shall fail to gain approval, both shall be deemed to have\\nfailed and provided, further, that the boards of education of the school\\ndistricts involved shall submit the proposition and that such\\nproposition shall be deemed to have been submitted by the board of\\neducation of the newly formed central high school district. The board of\\neducation of the central high school district subsequently formed shall\\nbe authorized to carry out all acts necessary to effectuate such\\nconstruction, and such board shall be deemed to have assumed full\\nauthority to take all action necessary and to proceed with all other\\nbusiness to establish the central high school district and to enter into\\nany and all contracts, including but not limited to construction\\ncontracts, and be eligible for any and all state aid and state aid\\nreimbursement pursuant to subdivision six and paragraph c of subdivision\\nfourteen of section thirty-six hundred two of this chapter, provided\\nthat the percent increase pursuant to such paragraph c shall be thirty,\\nand shall be in effect for expenditures incurred on or after the date\\nupon which a bond referendum for the construction of a new high school\\nto serve as the central high school of the new central high school\\ndistrict is offered before the qualified voters of the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1914", "title" : "Board of education; number and election", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1914", "activeDate" : "2014-09-22", "sequenceNo" : 781, "repealedDate" : null, "fromSection" : "1914", "toSection" : "1914", "text" : " § 1914. Board of education; number and election. For any central high\\nschool district formed on or after July first, nineteen hundred\\neighty-one, the order of the commissioner establishing such central high\\nschool district shall specify the number of members to constitute the\\nboard of education of such district and the number of members\\nrepresenting each of the districts included in such district. The number\\nof members of such board shall be not less than five. There shall be at\\nleast one member of such board from each component school district. The\\nboard of education of each union free school district or central school\\ndistrict in such central high school district shall appoint the number\\nof persons so designated by the commissioner to represent such district\\nas members of the board of education thereof. In each common school\\ndistrict having a sole trustee, such trustee shall represent such\\ndistrict as a member of the board of education of such central high\\nschool district. If a common school district has three trustees, such\\nboard of trustees shall designate one of its members to represent such\\ndistrict as a member of such board of education. The persons so\\ndesignated shall be members of the board of education of the central\\nhigh school district during their terms of office as members of the\\nboard of education or as trustees of the districts respectively\\nrepresented by them. Whenever a vacancy shall occur in the office of a\\nmember of the board of education of such central high school district,\\nit shall be filled as above provided; except that each component school\\ndistrict may choose to fill vacancies from its district on the central\\nhigh school district board by election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1915", "title" : "Facilities; housing of program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1915", "activeDate" : "2014-09-22", "sequenceNo" : 782, "repealedDate" : null, "fromSection" : "1915", "toSection" : "1915", "text" : " § 1915. Facilities; housing of program. 1. The board of education may\\nlease existing buildings within a territory of the central high school\\ndistrict from a component district or, if authorized by the voters of a\\ncentral high school district, construct, purchase or otherwise acquire\\nland and buildings for school purposes.\\n 2. The board of education of such central high school district shall\\ndesignate the site or sites for one or more high school buildings in\\nsuch district or for any other school purpose by resolution containing a\\ndescription thereof by metes and bounds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1916", "title" : "Superintendent status", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1916", "activeDate" : "2014-09-22", "sequenceNo" : 783, "repealedDate" : null, "fromSection" : "1916", "toSection" : "1916", "text" : " § 1916. Superintendent status. A central high school district will be\\nconsidered for eligibility for independent superintendency status under\\ncriteria established by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1917", "title" : "Employees; employment rights", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1917", "activeDate" : "2014-09-22", "sequenceNo" : 784, "repealedDate" : null, "fromSection" : "1917", "toSection" : "1917", "text" : " § 1917. Employees; employment rights. Teachers and other staff\\nmembers of component districts, except the superintendent of schools,\\nwhose services in the component districts are no longer needed because\\nof creation of a central high school district, shall be granted\\nemployment rights in central high school districts in accordance with\\nlength of service in each tenure area.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1917-A", "title" : "Employees; employment rights; creation of new central high school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1917-A", "activeDate" : "2014-09-22", "sequenceNo" : 785, "repealedDate" : null, "fromSection" : "1917-A", "toSection" : "1917-A", "text" : " § 1917-a. Employees; employment rights; creation of new central high\\nschool district. 1. Teachers and other staff members of component\\ndistricts, except the superintendent of schools, whose services in the\\ncomponent districts are no longer needed because of the creation of a\\ncentral high school district or the transference of students to an\\nexisting central high school district, shall be granted employment\\nrights in central high school districts in accordance with the\\nprovisions of this section.\\n 2. As used in this section, a \"component district\" shall mean a\\ncentral, union free or common school district within the territory of\\nthe central high school district, and a \"central high school district\"\\nshall mean a central high school district existing or created pursuant\\nto this article.\\n 3. In any case in which a component district sends students to a\\ncentral high school district, each teacher and all other employees\\npreviously employed in the education of such students by such component\\ndistrict prior to the time that such component district sends its\\nstudents to a central high school district shall be considered employees\\nof such central high school district, with the same tenure status held\\nin such component district.\\n For purposes of this section, when a component district takes back\\nstudents that it sent to another district on a tuition basis and sends\\nsuch students to a central high school district, such central high\\nschool district shall be deemed the \"sending district\" for purposes of\\nthe rights and protections provided in section three thousand fourteen-c\\nof this chapter.\\n 4. If the number of teaching and other positions needed to provide the\\neducational services required by such central high school district is\\nless than the number of teachers and other employees eligible to be\\nconsidered employees of such central high school district as provided by\\nsubdivision three of this section, the services of the teachers and\\nother employees having the least seniority in the component district\\nwithin the tenure area of the position shall be discontinued. Such\\nteachers and other employees shall be placed on a preferred eligible\\nlist of candidates for appointment to a vacancy that may thereafter\\noccur in an office or position under the jurisdiction of the component\\ndistrict, the \"receiving district\" as defined in section three thousand\\nfourteen-c of this chapter, from which a component district has taken\\nback students, and the central high school district similar to the one\\nsuch teacher or other employee filled in such component district. The\\nteachers and other employees on such preferred lists shall be reinstated\\nor appointed to such vacancies in such corresponding or similar\\npositions under the jurisdiction of the component district or the\\ncentral high school district in the order of their length of service in\\nsuch component district, within seven years from the date of the\\nabolition of such office or position.\\n 5. For any such teacher or other employee as described in subdivision\\nthree of this section for salary, sick leave and any other purposes, the\\nlength of service credited in such component district shall be credited\\nas employment time with such central high school district.\\n 6. This section shall in no way be construed to limit the rights of\\nany of such teachers or other employees described in this section\\ngranted by any other provision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A40", "title" : "Boards of Cooperative Educational Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "40", "activeDate" : "2014-09-22", "sequenceNo" : 786, "repealedDate" : null, "fromSection" : "1950", "toSection" : "1952", "text" : " ARTICLE 40\\n BOARDS OF COOPERATIVE EDUCATIONAL SERVICES\\nSection 1950. Establishment of boards of cooperative educational\\n services pending the creation of intermediate districts.\\n 1951. Budget of board of cooperative educational services.\\n 1952. Technologies network ties program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1950", "title" : "Establishment of boards of cooperative educational services pending the creation of intermediate districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-10-03", "2015-04-24", "2015-07-31", "2016-04-08", "2016-06-17", "2016-09-09", "2016-12-09", "2017-04-21", "2017-08-18", "2018-04-20", "2018-04-27", "2018-05-04", "2018-07-06", "2019-04-19", "2019-05-03", "2019-07-12", "2019-10-11", "2020-04-17", "2020-12-04", "2021-04-23", "2022-03-04", "2022-04-15", "2022-07-08", "2022-07-29", "2022-08-05", "2023-05-12", "2024-07-05", "2024-09-13", "2024-09-20", "2025-05-16", "2025-07-04", "2026-02-27" ], "docLevelId" : "1950", "activeDate" : "2014-09-22", "sequenceNo" : 787, "repealedDate" : null, "fromSection" : "1950", "toSection" : "1950", "text" : " § 1950. Establishment of boards of cooperative educational services\\npending the creation of intermediate districts. 1. The boards of\\neducation and school trustees of a supervisory district which is not\\npart of an intermediate district, meeting at a time and place to be\\ndesignated by the district superintendent of schools, may, by a majority\\nvote of their members present and voting, file with the commissioner of\\neducation a petition for the establishment of a board of cooperative\\neducational services for the purpose of carrying out a program of shared\\neducational services in the schools of the supervisory district and for\\nproviding instruction in such special subjects as the commissioner may\\napprove. The commissioner, by order, may establish such a board with\\nmembership of not less than five nor more than fifteen, upon such\\napplication and when a vacancy occurs in the office of district\\nsuperintendent of schools shall establish such a board, unless the\\ncommissioner shall issue an order pursuant to section twenty-two hundred\\none redistricting the county so as to provide for a lesser number of\\nsupervisory districts. The commissioner, by order, may authorize a\\nboard, established prior to July second, nineteen hundred sixty-five, to\\nincrease its membership to not less than five nor more than fifteen.\\n 2. Upon the establishment by the commissioner of such a board, boards\\nof education and school trustees, by a vote pursuant to subdivision\\ntwo-a of this section shall elect a board of cooperative educational\\nservices. Except for elections conducted pursuant to subdivision two-a\\nof this section, and the adoption of a public resolution regarding the\\napproval or disapproval of the tentative administrative budget pursuant\\nto subparagraph five of paragraph b of subdivision four of this section,\\ncomponent districts having more than five board of education members\\nshall be limited to five votes on any matters relating to the district\\nsuperintendency or board of cooperative educational services. A full\\nterm shall be three years to serve from July first next following\\nelection. It shall be the duty of such meeting by order of such meeting\\nto divide into a sufficient number of classes the terms of the members\\nof the board of cooperative educational services so that as nearly as\\npossible an equal number of members shall be elected to the board each\\nyear. Notwithstanding any other provision of this subdivision, upon the\\ndecrease of the full term of members from five to three years, the board\\nof cooperative educational services shall direct that one or more\\nmembers be elected for a term of one, two or four years in order to\\nassure, as nearly as possible, that an equal number of members will be\\nelected to the board each year. Members of such board shall be\\nreimbursed for necessary expenses for attending meetings of such boards.\\nThe district superintendent shall be the executive officer of the board,\\nand where a board of cooperative educational services comprises two or\\nmore supervisory districts the district superintendents, together with\\nthe president of the board of cooperative educational services, shall\\nact as an executive committee.\\n 2-a. a. Notwithstanding any other provision of law, commencing on and\\nafter the first day of November, nineteen hundred ninety-three, the\\nmembers of a board of cooperative educational services shall be elected\\nin accordance with the provisions of this subdivision.\\n b. Not later than the first day of February of each year the president\\nof the board of cooperative educational services shall designate a\\nsingle date on or after the sixteenth day and on or before the thirtieth\\nday of April on which each component board, other than the board of\\neducation of a central high school district, shall conduct a public\\nmeeting which may be a regular or special meeting, for the purpose of\\nelecting members of the board of cooperative educational services and\\nadopting a public resolution concerning the approval or disapproval of\\nthe tentative administrative budget. In the case of a central high\\nschool district, such public meeting shall be held on the regular\\nbusiness day next following the date designated by the president of the\\nboard of cooperative educational services. Nomination of a person to be\\nelected to a board of cooperative educational services shall be made by\\nat least one component district by board resolution. Such resolution\\nshall be transmitted in writing to the clerk of the board of cooperative\\neducational services at least thirty days prior to the date of the\\nelection as designated by the president of the board of cooperative\\neducational services. No nomination of a person to be elected to a board\\nof cooperative educational services from a component district which\\ncurrently has a resident serving on such board shall be accepted unless\\nsuch member's office is to expire at the end of the current year, unless\\nthe size of such board exceeds the number of component school districts\\nor unless an unrepresented district declines to make a nomination. For\\npurposes of this subdivision, any such person or board member nominated\\nby a special act school district, a central high school district or any\\ndistrict which is a component of a central high school district shall be\\ndeemed a resident of the district that nominated him or her only.\\nFurthermore, it shall be the duty of the board of cooperative\\neducational services to encourage the nomination of persons residing in\\ncomponent districts not currently represented on such board. The clerk\\nshall include the name and address of each person nominated on the\\nelection ballot to be distributed in accordance with paragraph c of this\\nsubdivision.\\n c. Members of the boards of cooperative educational services shall be\\nelected by resolution of the component boards on a ballot prepared by\\nthe clerk of the board of cooperative educational services. Such ballot\\nshall be mailed to each component district no later than fourteen days\\nprior to the date designated as the day of the election by the president\\nof the board of cooperative educational services. Each component\\ndistrict shall be entitled to one vote for each vacant office to be\\nfilled. A component board may not cast more than one vote for any\\ncandidate. The candidates receiving a plurality of the votes cast for\\nthe several offices shall be elected, provided, however, that no more\\nthan one person residing in a particular component district may be\\nelected to serve as a member of a board of cooperative educational\\nservices at one time unless the number of seats on such board exceeds\\nthe number of component districts or unless an unrepresented district\\ndeclines to make a nomination, provided further that a person nominated\\nby a special act school district, a central high school district or a\\ncomponent of a central high school district shall be deemed a resident\\nof the nominating district only for this purpose. Where more than one\\nposition is to be filled by such election and there is a variance in the\\nlength of the terms for which such offices are to be filled as\\nauthorized by this subdivision, or one or more persons are to be elected\\nfor a full term or terms and one or more persons are to be elected for\\nthe unexpired portion of a term or terms, or both, the candidate\\nreceiving the greatest number of votes shall be entitled to the longest\\nterm and candidates receiving the next highest number of votes, to the\\nseveral offices in decreasing order of the length of such terms or\\nunexpired portions of such terms. Each component school district shall\\nmail or deliver its completed ballot to the clerk of the board of\\ncooperative educational services no later than one business day after\\nthe election.\\n d. In the event that more eligible persons than the number remaining\\nto be elected receive an equal number of votes sufficient that fewer\\npersons receiving such number of votes would be elected, the president\\nof the board of cooperative educational services shall call a run-off\\nelection to be conducted in accordance with the provisions of paragraph\\nc of this subdivision and to be held on a date within twenty days of the\\ninitial vote. The only persons who shall be deemed nominated for such\\nrun-off election shall be the candidates who have received such equal\\nnumber of votes. In the event that equal numbers of votes are received\\nby eligible candidates for offices with a variance in the length of the\\nterm of office but the number of votes received by such candidates is\\nsufficient to elect each of the candidates to the board of cooperative\\neducational services, the candidates receiving such equal number of\\nvotes shall draw lots to determine who of them shall fill each such\\noffice.\\n e. Notwithstanding any other provision of this subdivision to the\\ncontrary, in the event a component school district will be transferred\\nto a new supervisory district as of July first next succeeding the date\\ndesignated for the annual election of the board of cooperative\\neducational services, and such component district, as of April fifteenth\\nof the current year, does not have a resident who is a member of the\\nboard of cooperative educational services of the supervisory district of\\nwhich it is a component in the current year, such component district\\nshall be eligible to nominate candidates and vote in the annual board\\nelection of the boards of cooperative educational services to which the\\ncomponent district will be transferred, as if such transfer had already\\noccurred.\\n f. In the event of a vacancy in the membership of a board of\\ncooperative educational services which occurs prior to January first in\\nany school year or during the period commencing five days prior to the\\ndate designated for submission of nominations of candidates to the board\\nof cooperative educational services and ending on the last day of the\\nschool year, a special election to fill such vacancy shall be conducted\\nin accordance with the provisions of paragraphs b, c and d of this\\nsubdivision on a date designated by the president of the board of\\ncooperative educational services not late than forty-five days after the\\ndate the vacancy occurred. In the event of a vacancy in the membership\\nof a board of cooperative educational services which occurs on or after\\nJanuary first and prior to the fifth day preceding the date designated\\nfor submission of nominations of candidates the board of cooperative\\neducational services may fill such vacancy by appointment and the person\\nso appointed shall hold office until the next annual election of the\\nboard of cooperative educational services. Notwithstanding any other\\nprovision of this subdivision, any vacancy which occurs on or after July\\nfirst, nineteen hundred ninety-three and prior to January first,\\nnineteen hundred ninety-four shall be filled by a special election in\\naccordance with paragraphs b, c and d of this subdivision.\\n 2-b. Where the commissioner of education has established or hereafter\\nestablishes a board of cooperative educational services for the purpose\\nof carrying out a program of shared educational services in the schools\\nof two or more supervisory districts, the commissioner may by order\\ndesignate the number of members of such board which shall not be less\\nthan five nor more than fifteen, or may by order increase the number of\\nmembers of such board to a maximum of fifteen or decrease the number of\\nmembers to a minimum of five. Except for elections conducted pursuant to\\nsubdivision two-a of this section, and the adoption of a public\\nresolution regarding the approval or disapproval of the tentative\\nadministrative budget pursuant to subparagraph five of paragraph b of\\nsubdivision four of this section, component districts having more than\\nfive board of education members shall be limited to five votes on any\\nmatters relating to the district superintendency or board of cooperative\\neducational services.\\n Boards of education and school trustees, shall elect the members of\\nsuch board of cooperative educational services pursuant to subdivision\\ntwo-a of this section. A full term shall be three years to serve from\\nJuly first next following election. It shall be the duty of such meeting\\nby order of such meeting to divide into a sufficient number of classes\\nthe terms of the members of the board of cooperative educational\\nservices so that as nearly as possible an equal number of members shall\\nbe elected to the board each year. Notwithstanding any other provision\\nof this subdivision, upon the decrease of the full term of members from\\nfive to three years, the board of cooperative educational services shall\\ndirect that one or more members be elected for a term of one, two or\\nfour years in order to assure, as nearly as possible, that an equal\\nnumber of members will be elected to the board each year. Members of\\nboards of cooperative educational services shall be reimbursed for\\nnecessary expenses for attending meetings of such board. Where the board\\nof cooperative educational services comprises two or more supervisory\\ndistricts, the district superintendents, together with the president of\\nthe board of cooperative educational services, shall act as an executive\\ncommittee.\\n 3. The boards of cooperative educational services in any two or more\\nsupervisory districts may cooperate in the provision of any of the\\nservices authorized by subdivision four of this section. In such cases,\\nthe district superintendents of the respective supervisory districts\\nshall serve as an executive committee to carry out the decision of the\\nboards of cooperative educational services in their respective\\ndistricts. Agreements may be made by such boards arranging for such\\ncooperative services on such terms and conditions as may be agreed upon\\nand providing the method of allocation of the cost thereof. Such\\nagreements may be made for such period as may be approved by the\\ncommissioner but not to exceed ten years. The terms of such agreement\\nshall be binding upon such boards and their component districts for the\\nperiod specified in such agreement.\\n 4. The board of cooperative educational services shall have the power\\nand duty to:\\n a. (1) Appoint a district superintendent of schools in the manner\\nprovided in section twenty-two hundred four of this chapter, and in its\\ndiscretion to provide for the payment of supplementary salary to the\\ndistrict superintendent of schools by the supervisory district. The term\\nof any employment contract or agreement between a district\\nsuperintendent and the board of cooperative educational services that is\\nentered into or amended on or after the effective date of this\\nsubparagraph shall not exceed three years. Copies of employment\\ncontracts and amendments to such contracts entered into pursuant to this\\nparagraph shall be filed with the commissioner within five days of\\nexecution.\\n (2) Notwithstanding any inconsistent provision of law in no event\\nshall the total salary including amounts paid pursuant to section\\ntwenty-two hundred nine of this chapter for district superintendents for\\neach school year through the two thousand two--two thousand three school\\nyear exceed ninety-eight percent of that earned by the commissioner for\\nstate fiscal year nineteen hundred ninety-two--ninety-three, and in no\\nevent shall such total salary for a district superintendent for the two\\nthousand three--two thousand four school year or any subsequent school\\nyear exceed: (i) one hundred six percent of the salary cap applicable in\\nthe preceding school year, or (ii) ninety-eight percent of that earned\\nby the commissioner in the two thousand three--two thousand four state\\nfiscal year, whichever is less. In no event shall any district\\nsuperintendent be permitted to accumulate vacation or sick leave credits\\nin excess of the vacation and sick leave credits managerial/confidential\\nemployees of the state are permitted to accumulate pursuant to\\nregulations promulgated by the state civil service commission, nor may\\nany district superintendent at the time of separation from service be\\ncompensated for accrued and unused vacation credits or sick leave, or\\nuse accrued and unused sick leave for retirement service credit or to\\npay for health insurance in retirement, at a rate in excess of the rate\\npermitted to managerial/confidential employees of the state pursuant to\\nregulations of the state civil service commission. In addition to the\\npayment of supplementary salary, a board of cooperative educational\\nservices may provide for the payment of all or a portion of the cost of\\ninsurance benefits for the district superintendent of schools, including\\nbut not limited to health insurance, disability insurance, life\\ninsurance or any other form of insurance benefit made available to\\nmanagerial/confidential employees of the state; provided that any such\\npayments for whole life, split dollar or other life insurance policies\\nhaving a cash value shall be included in the total salary of the\\ndistrict superintendent for purposes of this subparagraph, and provided\\nfurther that any payments for the employee contribution, co-pay or\\nuncovered medical expenses under a health insurance plan also shall be\\nincluded in the total salary of the district superintendent.\\nNotwithstanding any other provision of law, payments for such insurance\\nbenefits may be based on the district superintendent's total salary or\\nthe amount of his or her supplementary salary only. Any payments for\\ntransportation or travel expenses in excess of actual, documented\\nexpenses incurred in the performance of duties for the board of\\ncooperative educational services or the state, and any other lump sum\\npayment not specifically excluded from total salary pursuant to this\\nsubparagraph, shall be included in the total salary of the district\\nsuperintendent for purposes of this subparagraph. Nothing herein shall\\nprohibit a district superintendent from waiving any rights provided for\\nin an existing contract or agreement as hereafter prohibited in favor of\\nrevised compensation or benefit provisions as permitted herein. In no\\nevent shall the terms of the district superintendent's contract,\\nincluding any provisions relating to an increase in salary, compensation\\nor other benefits, be contingent upon the terms of any contract or\\ncollective bargaining agreement between the board of cooperative\\neducational services and its teachers or other employees. The\\ncommissioner may adopt regulations for the purpose of implementing the\\nprovisions of this paragraph.\\n (3) Notwithstanding any provision of law to the contrary, any employee\\nof a board of cooperative educational services who is appointed as the\\ndistrict superintendent of schools shall vacate his or her prior\\nposition with the board of cooperative educational services upon\\nappointment as district superintendent, and no district superintendent\\nshall have a contract of employment with the board of cooperative\\neducational services other than a contract entered pursuant to this\\nparagraph.\\n b. (1) Prepare, prior to the annual meeting of members of the boards\\nof education and school trustees, held as provided in paragraph o of\\nthis subdivision, a tentative budget of expenditures for the program\\ncosts, a tentative budget for capital costs, and a tentative budget for\\nthe administration costs of the board of cooperative educational\\nservices. Such budgets shall include the proposed budget for the\\nupcoming school year, the previous school year's actual costs and the\\ncurrent school year's projected costs for each object of expenditure.\\nSuch program, capital and administrative budgets shall be separately\\ndelineated in accordance with the definition of program, capital and\\nadministrative costs which shall be promulgated by the commissioner\\nafter consultation with school district officials and the director of\\nthe budget. Personal service costs for each budget shall include the\\nnumber of full-time equivalent positions funded and total salary and,\\nexcept as noted herein, fringe benefit costs for such positions by\\nprogram. Each program budget shall also include the local and statewide\\nunit costs of such programs and services proposed for the upcoming\\nschool year, such actual unit costs for the previous school year, and\\nthe current school year's projected unit costs, all established in\\naccordance with paragraph d of this subdivision. The capital budget\\nshall include facility construction and lease expenditures authorized\\npursuant to paragraphs p, t and u of this subdivision, payments for the\\nrepayment of indebtedness related to capital projects, payments for the\\nacquisition or construction of facilities, sites or additions, provided\\nthat such budget shall contain a rental, operations and maintenance\\nsection that will include base rent costs, total rent costs, operations\\nand maintenance charges, cost per square foot for each facility rented\\nor leased by such board of cooperative educational services, and any and\\nall expenditures associated with custodial salaries and benefits,\\nservice contracts, supplies, utilities, maintenance and repairs for such\\nfacilities, and that such budget shall include the annual debt service\\nand total debt for all facilities financed by bonds or notes of the\\ncomponent districts, annual rental and lease payments and total rental\\nand lease costs for all facilities rented by such board; such capital\\nbudget shall also include expenditures resulting from court judgments\\nand orders from administrative bodies or officers, and, to the extent a\\nboard's administrative budget has been adopted, one-time costs incurred\\nin the first year in which an employee retires. The administrative\\nbudget shall include, but need not be limited to, office and central\\nadministrative expenses, traveling expenses and salaries and benefits of\\nsupervisors and administrative personnel necessary to carry out the\\ncentral administrative duties of the supervisory district, any and all\\nexpenditures associated with the board, the office of district\\nsuperintendent, general administration, central support services,\\nplanning, and all other administrative activities. Such administrative\\nbudget shall also specify the amount of supplementary salary and\\nbenefits, if any, which the board determines should be paid to the\\ndistrict superintendent of schools and the board shall append to such\\nbudget a detailed statement of the total compensation to be paid the\\ndistrict superintendent of schools by the board, including a delineation\\nof the salary, annualized cost of benefits and any in-kind or other form\\nof remuneration to be paid, plus, commencing with the presentation of\\nthe budget for the nineteen hundred ninety-seven--ninety-eight school\\nyear, a list of items of expense eligible for reimbursement on expense\\naccounts in the ensuing school year and a statement of the amount of\\nexpenses paid to the district superintendent of schools in the prior\\nyear for purposes of carrying out his or her official duties.\\n (2) The board of cooperative educational services shall provide copies\\nof such tentative budgets and attachments to the trustees or board of\\neducation of each component school district of the board of cooperative\\neducational services at least ten days prior to the annual meeting held\\npursuant to paragraph o of this subdivision. Such trustees or boards of\\neducation shall make such budgets available to the residents of their\\nrespective school districts upon request.\\n (3) The board of cooperative educational services shall comply with\\nany reasonable requests for additional information not contained in such\\nbudgets which may be requested prior to the annual meeting held pursuant\\nto paragraph o of this subdivision.\\n (4) The board of cooperative educational services shall give public\\nnotice of the annual meeting held pursuant to paragraph o of this\\nsubdivision by publishing a notice once each week within the two weeks\\npreceding the annual meeting held as provided in paragraph o of this\\nsubdivision, the first publication to be at least fourteen days before\\nsuch meeting, in two newspapers if there be two, or in one newspaper if\\nthere shall be but one, having general circulation within the board of\\ncooperative educational services. If no newspaper shall have general\\ncirculation therein, said notice shall be posted in at least twenty of\\nthe most public places in the board of cooperative educational services\\nat least fourteen days before such meeting. Such notice shall state that\\nthe tentative budgets will be presented by the board of cooperative\\neducational services to the trustees or board of education of each\\ncomponent school district of the board of cooperative educational\\nservices in attendance at such meeting. Such notice shall also include a\\nsummary of the tentative administrative, capital and program budgets in\\na form prescribed by the commissioner. The summary of the administrative\\nbudget shall include, but shall not be limited to, the salary and\\nbenefits of supervisors and administrative personnel of the board of\\ncooperative educational services and the total compensation payable to\\nthe district superintendent of schools. Such notice shall also indicate\\nwhen a copy of the tentative budgets will be available for inspection by\\nthe public during regular business hours at one or more locations\\nspecified in the notice.\\n (5) The trustees or board of education of each component school\\ndistrict of the board of cooperative educational services shall adopt a\\npublic resolution which shall approve or disapprove such tentative\\nadministrative budget at a regular or special meeting to be held within\\nthe component district on the date designated pursuant to subdivision\\ntwo-a of this section as the date for election of members of the board\\nof cooperative educational services, or in the case of the board of\\neducation of a central high school district on the regular business day\\nnext following such designated date.\\n If the resolutions adopted by the trustees or boards of education of a\\nmajority of the component school districts of the board of cooperative\\neducational services actually voting approve the tentative\\nadministrative budget, the board of cooperative educational services may\\nadopt the tentative administrative budget without modification. If a\\nmajority of the component school districts actually voting fail to adopt\\nresolutions approving such tentative administrative budget, or if the\\nnumber of component school districts approving the budget equals the\\nnumber of school districts disapproving the budget, the board of\\ncooperative educational services shall prepare and adopt a contingency\\nadministrative budget which shall not exceed the amount of the\\nadministrative budget of the board of cooperative educational services\\nfor the previous school year except to accommodate expenditure increases\\nattributable to supplemental retirement allowances payable pursuant to\\nsection five hundred thirty-two of this chapter and section\\nseventy-eight of the retirement and social security law.\\n (6) Notwithstanding any other provision of this section, any component\\nschool district which will be transferred to a new supervisory district\\nas of July first next succeeding the date designated for the vote on the\\ntentative administrative budget shall vote on the administrative budget\\nof the board of cooperative educational services to which it will be\\ntransferred, as if such transfer had already occurred. Where the\\ncommissioner has issued an order for the merger of two or more\\nsupervisory districts to take effect on July first, in the school year\\nimmediately preceding the merger, the boards of cooperative educational\\nservices to be merged shall jointly prepare a program, administrative\\nand capital budget for the merged board of cooperative educational\\nservices and shall jointly conduct a vote on the tentative\\nadministrative budget of the merged board of cooperative educational\\nservices in accordance with this paragraph as if the merger was already\\nin effect. In the event such a merger does not take effect on July\\nfirst, the commissioner shall be authorized to order the boards of\\ncooperative educational services to be merged to develop program,\\nadministrative and capital budgets and conduct a vote on administrative\\nbudgets in the manner prescribed by this section on dates other than\\nthose specified in this section.\\n (7) Each component school district shall transmit the resolution\\neither approving or disapproving the board of cooperative educational\\nservices' tentative administrative budget no later than one business day\\nafter the adoption of such resolution. The board of cooperative\\neducational services shall, no later than the fifteenth day of May,\\nadopt the final program, capital and administrative budgets for the\\nensuing year. Except as provided in paragraph d of this subdivision,\\nsubparagraph (a) of paragraph p of this subdivision, and subdivision one\\nof section nineteen hundred fifty-one of this article, such\\nadministrative and capital budgets, when so adopted, after deducting\\nstate aid applicable thereto, shall be a charge against all of the\\ncomponent school districts in the supervisory district and each\\ncomponent school district's proportionate share shall be determined by\\nthe board of cooperative educational services according to weighted\\naverage daily attendance or according to true valuation or according to\\nresident public school district enrollment as defined in paragraph n of\\nsubdivision one of section thirty-six hundred two of this chapter except\\nthat only one method shall be applied among the component districts of a\\nboard of cooperative educational services in any year, unless otherwise\\nprovided by law. In a merged supervisory district in the county of\\nSuffolk each component school district's proportionate share of such\\nadministrative and capital budgets may be determined according to\\nweighted average daily attendance, according to true valuation, or\\naccording to using the weighted average daily attendance for a certain\\npercentage of the cost and true valuation for a certain percentage of\\nadministrative and capital costs. Such costs, in a merged supervisory\\ndistrict in the county of Suffolk, apportioned by using weighted average\\ndaily attendance and true valuation shall be subject to adjustment by\\nthe board of cooperative educational services in a manner that will\\nminimize the annual change in costs for the greatest number of component\\ndistricts. Such percentages shall be established by the board of\\ncooperative educational services upon the approval of the component\\ndistricts subject to the final approval of the commissioner. It is\\nfurther provided that such administrative budget approved by the board\\nshall be subject to review by the commissioner to determine: (i) the\\nlevel of administrative savings achieved by the merger and (ii) if such\\nadministrative savings equals or exceeds the level identified by the\\nmerger planning task force appointed by the district superintendent. If\\nthe board of cooperative educational services determines to change the\\nmethod of apportioning administrative costs and capital expenses from\\nthat followed in the previous year, such determination may be made only\\nif the board of cooperative educational services has conducted a hearing\\nat a regular or special meeting of such board which all members of\\nboards of education and school trustees have been invited to attend,\\nsuch hearing to be held at least thirty days prior to the annual meeting\\nof members of boards of education and school trustees. In the\\nPutnam/North Westchester board of cooperative educational services, each\\ncomponent district's proportionate share of such administrative and\\ncapital budgets may also be determined by using the weighted average\\ndaily attendance for a certain percentage and the true valuation for a\\ncertain percentage. Such percentages shall be applied according to\\nclause (i) of this subparagraph.\\n (i) The three methods of apportionment of administrative and capital\\nexpenses are as follows: (1) in accordance with the ratio which the\\ncomponent school district's total full or true valuation in effect at\\nthe time of the adoption of the budget bears to the total true or full\\nvaluation of all of the component school districts within the board of\\ncooperative educational services, (2) by dividing the total amount of\\nsuch administrative and capital expenses by the total weighted average\\ndaily attendance of pupils residing in all component school districts\\ncontained within the board of cooperative educational services and\\nattending a public school and multiplying by the weighted average daily\\nattendance of such resident pupils in each of the component school\\ndistricts, or (3) by dividing the total amount of such administrative\\nand capital expenses by the total resident public school district\\nenrollment of all component school districts contained within the board\\nof cooperative educational services and multiplying by the resident\\npublic school district enrollment of the component school districts. In\\naddition, in a merged supervisory district in the county of Suffolk,\\nwhere a combination of the first and second methods could be applied as\\nprovided in the opening paragraph of this subparagraph may be utilized.\\nIn the Putnam/North Westchester board of cooperative educational\\nservices, where a combination of the first and second methods is\\nutilized, the percentages shall be used as follows: for the two thousand\\nfive-two thousand six school year, ninety percent using true valuation\\nand ten percent using the weighted average daily attendance; for the two\\nthousand six-two thousand seven school year, eighty percent using true\\nvaluation and twenty percent using the weighted average daily\\nattendance; for the two thousand seven-two thousand eight school year,\\nseventy percent using true valuation and thirty percent using the\\nweighted average daily attendance; for the two thousand eight-two\\nthousand nine school year, sixty percent using true valuation and forty\\npercent using the weighted average daily attendance; and for the two\\nthousand nine-two thousand ten school year and any school year\\nthereafter, fifty percent using true valuation and fifty percent using\\nthe weighted average daily attendance.\\n (ii) If the board of cooperative educational services chooses to\\napportion administrative costs and capital expenses according to full or\\ntrue valuation, special school districts authorized to receive state aid\\nin accordance with chapter five hundred sixty-six of the laws of\\nnineteen hundred sixty-seven, as amended, shall have their full value\\nfor purposes of this section computed by multiplying the resident\\nweighted average daily attendance by the state average full valuation\\nper pupil as established by the commissioner for the year in which the\\nbudget is adopted. The school authorities of each component school\\ndistrict shall add such amount to the budget of such component districts\\nand shall pay such amount to the treasurer of the board of cooperative\\neducational services and shall be paid out by the treasurer upon the\\norders of the board of cooperative educational services issued and\\nexecuted in pursuance of a resolution of said board.\\n c. Make or cause to be made surveys to determine the need for\\ncooperative educational services in the supervisory district and present\\nthe findings of their surveys to local school authorities. Each board of\\ncooperative educational services shall prepare long range program plans,\\nincluding special education and career education program plans, to meet\\nthe projected need for such cooperative educational services in the\\nsupervisory district for the next five years as may be specified by the\\ncommissioner, and shall keep on file and make available for public\\ninspection and review by the commissioner such plans and thereafter\\nannual revisions of such plans on or before the first day of December of\\neach year, provided that such plans may be incorporated into a board of\\ncooperative educational services district-wide comprehensive plan.\\n d. (1) Aidable shared services. At the request of component school\\ndistricts, and with the approval of the commissioner, provide any of the\\nfollowing services on a cooperative basis: school nurse teacher,\\nattendance supervisor, supervisor of teachers, dental hygienist,\\npsychologist, teachers of art, music, physical education, career\\neducation subjects, guidance counsellors, operation of special classes\\nfor students with disabilities, as such term is defined in article\\neighty-nine of this chapter; pupil and financial accounting service by\\nmeans of mechanical equipment; maintenance and operation of cafeteria or\\nrestaurant service for the use of pupils and teachers while at school,\\nand such other services as the commissioner may approve. Such cafeteria\\nor restaurant service may be used by the community for school related\\nfunctions and activities and to furnish meals to the elderly residents\\nof the district, sixty years of age or older. Utilization by elderly\\nresidents or school related groups shall be subject to the approval of\\nthe board of education. Charges shall be sufficient to bear the direct\\ncost of preparation and serving of such meals, exclusive of any other\\navailable reimbursements.\\n * (2) Certain services prohibited. Commencing with the nineteen\\nhundred ninety-seven--ninety-eight school year, the commissioner shall\\nnot be authorized to approve as an aidable shared service pursuant to\\nthis subdivision any cooperative maintenance services or municipal\\nservices, including but not limited to, lawn mowing services and\\nheating, ventilation or air conditioning repair or maintenance or trash\\ncollection, or any other municipal services as defined by the\\ncommissioner. On and after the effective date of this paragraph, the\\ncommissioner shall not approve, as an aidable shared service, any new\\ncooperative maintenance or municipal services for the nineteen hundred\\nninety-six--ninety-seven school year, provided that the commissioner may\\napprove the continuation of such services for one year if provided in\\nthe nineteen hundred ninety-five--ninety-six school year. No service\\nprovided to an out-of-state school district pursuant to subparagraph ten\\nof paragraph h of this subdivision shall be eligible for aid.\\n * NB Effective until July 1, 2019\\n * (2) Certain services prohibited. Commencing with the nineteen\\nhundred ninety-seven--ninety-eight school year, the commissioner shall\\nnot be authorized to approve as an aidable shared service pursuant to\\nthis subdivision any cooperative maintenance services or municipal\\nservices, including but not limited to, lawn mowing services and\\nheating, ventilation or air conditioning repair or maintenance or trash\\ncollection, or any other municipal services as defined by the\\ncommissioner. On and after the effective date of this paragraph, the\\ncommissioner shall not approve, as an aidable shared service, any new\\ncooperative maintenance or municipal services for the nineteen hundred\\nninety-six--ninety-seven school year, provided that the commissioner may\\napprove the continuation of such services for one year if provided in\\nthe nineteen hundred ninety-five--ninety-six school year.\\n * NB Effective July 1, 2019\\n (2-a) Cost effectiveness of instructional and non-instructional\\ntechnology. Notwithstanding any other provision of this section to the\\ncontrary, expenditures incurred pursuant to purchase and/or installation\\ncontracts entered into on or after January fifteenth, two thousand, for\\nthe following categories of instructional and non-instructional\\ntechnology purchase and installation:\\n (i) computer equipment,\\n (ii) conduits,\\n (iii) wiring,\\n (iv) powering and testing of hardware installations,\\n (v) all costs associated with lease or purchase of local or wide area\\nnetwork hardware located on district property, and\\n (vi) incidental costs for original purchase and installation of\\nhardware, including installation of basic operating systems software\\nrequired for hardware testing,\\nshall not be considered an aidable shared service unless the component\\nschool district is able to demonstrate that such shared service would be\\nmore cost-effective than would otherwise be possible if such services\\nwere to be purchased without the involvement of a board of cooperative\\neducational services. Any aid that may be payable for such shared\\nservice pursuant to subdivision five of this section shall be excluded\\nin the demonstration and determination of cost-effectiveness and cost\\nsavings pursuant to this subdivision. The commissioner shall issue\\nguidelines to advise component school districts in their determination\\nof cost-effectiveness. Notwithstanding any other provision of law, if a\\ncomponent school district determines that any instructional and\\nnon-instructional technology purchase and installation from the board of\\ncooperative educational services are not cost effective, as determined\\npursuant to this paragraph, the commissioner shall, upon request, assist\\nthe school district to enter into a cooperative service agreement\\n(CO-SER) with another BOCES, which is cost effective in the provision of\\nsuch technology purchases and installations.\\n (3) Requests for shared services; operating plan; required notice.\\nRequests for such shared services shall be filed by component school\\ndistricts with the board of cooperative educational services not later\\nthan the first day of February of each year, provided that such requests\\nshall not be binding upon the component school district. The board of\\ncooperative educational services shall submit its proposed annual\\noperating plan for the ensuing school year to the department for\\napproval not later than the fifteenth day of February of each year. Such\\nboard shall, through its executive officer, notify each component school\\ndistrict on or before the tenth day of March concerning the services\\nwhich have been approved by the commissioner to be made available for\\nthe ensuing school year. Such notice shall set forth the local uniform\\ncost of each such service, based on (i) anticipated participation in the\\nensuing school year, or (ii) participation in the current year, or (iii)\\na two or three year average including participation in the current year,\\nwhich unit cost shall be the same for all participating component\\ndistricts and shall be based upon a uniform methodology approved\\nannually by at least three-quarters of the participating component\\nschool districts after consultation by local school officials with their\\nrespective boards; provided, however, such unit cost shall be subject to\\nfinal adjustment for programs for students with disabilities based on\\nactual participation in accordance with regulations of the commissioner.\\nNotwithstanding the determination of the local uniform unit cost\\nmethodology selected in accordance with this paragraph, each board of\\ncooperative education services shall annually report to the commissioner\\nthe budgeted unit cost and, when available, the actual unit cost of such\\nprograms and services, in accordance with both the local uniform unit\\ncost methodology and a statewide uniform unit cost methodology\\nprescribed by the commissioner by regulation, where the budgeted\\nstatewide unit cost shall be based on the anticipated participation in\\nthe ensuing year and the actual statewide unit cost shall be based on\\nactual participation through the end of each year.\\n (4) Contracts for shared services; allocation of costs. Each component\\nschool district shall on or before the first day of May following such\\nnotification notify the board of cooperative educational services of its\\nintention to participate or not to participate in such shared services\\nand the specific services which such district elects to utilize. Each\\nparticipating component school district shall be required to pay the\\nboard of cooperative educational services for the cost of the services\\nset forth in such notification, except for adjustments caused by\\nsubsequent unanticipated changes in the district's enrollment. The board\\nof cooperative educational services shall enter into contracts with its\\ncomponent school districts for such requested services. A copy of each\\nexecuted contract for such purpose shall be filed with the commissioner\\nby the board of cooperative educational services on or prior to the\\nfirst day of August of each year. Notwithstanding the provisions of\\nparagraph b of this subdivision, any component school district which\\ndoes not elect to participate in any such specific cooperative services\\nauthorized under this paragraph shall not be required to pay any share\\nof the moneys provided in the budget as salaries of teachers or other\\npersonnel employed in providing such service, for equipment and supplies\\nfor such service or for transportation of pupils to and from the place\\nwhere such service is maintained. Provided, further, that a board of\\ncooperative educational services may allocate the cost of such services\\nto component school districts in accordance with terms agreed upon\\nbetween such board and three-quarters of the boards of education and\\ntrustees of local school districts participating in the service.\\n (5) Operating plan and budget; unanticipated shared services. The\\nboard of cooperative educational services shall submit to the\\ncommissioner on or before the first day of June an operating plan and\\nbudget based upon the request for services which it has received from\\nits component school districts. Such submission shall include the\\nbudgeted unit cost of programs and services based on both the local and\\nthe statewide uniform unit cost methodologies for each program and\\nservice offered by the board of cooperative educational services. A\\nboard of cooperative educational services which receives requests for\\nunanticipated shared services subsequent to the adoption of its budget\\nshall submit an amended operating plan including such additional shared\\nservices to the commissioner, together with a statement from the chief\\nschool administrator of each school district which has requested such\\nservices indicating the availability of funds in the budget of the\\nschool district to pay for such district's share of the cost of such\\nadditional services. Such amended plan shall be submitted in the manner\\nand form prescribed by regulations of the commissioner. The board of\\ncooperative educational services shall allocate the cost of providing\\nsuch additional shared services among the component school districts\\nwhich have requested such services, and shall contract with the\\ncomponent school districts for such services. A copy of each contract\\nfor this purpose shall be filed by the board of cooperative educational\\nservices with the commissioner not more than thirty days from its\\nexecution. An annual program report and evaluation for each school year\\nas prescribed by the commissioner, shall be submitted by the board of\\ncooperative educational services to the commissioner on or before the\\nfirst day of September following such school year.\\n e. Upon the recommendation of the district superintendent, employ such\\nadministrative assistants, teachers, supervisors, clerical help and\\nother personnel as may be necessary to carry out its program.\\n f. Receive all reimbursements from public funds on account of the\\ncooperative educational services performed under its jurisdiction, and\\nallocate the costs of cooperative educational activities and shared\\nservices including administrative and clerical costs against the\\ncomponent school districts and receive and disburse the same, and to\\napportion surpluses and assessments for services on the basis of\\nparticipation to those components and to those school districts outside\\nthe board of cooperative educational services contracting for such\\nprograms, and to apportion surpluses and assessments for administrative\\nexpenses to all component districts. All such apportionments shall be\\nmade annually.\\n g. Borrow money in anticipation of revenue due the board of\\ncooperative educational services.\\n h. (1) Arrange cooperative educational services with and if necessary\\nmake contracts covering same with other public agencies for shared\\nservices and to produce educational television materials and programs,\\nand to own or lease television facilities and to enter into appropriate\\ncontracts concerning the same.\\n (2) To enter into contracts with the United States of America, the\\nState of New York, any school district, community college, public\\ninstitution of higher education, independent institution of higher\\neducation eligible for aid under section sixty-four hundred one of this\\nchapter, public libraries, or public agency in relation to the program\\nof the board of cooperative educational services, and any such school\\ndistrict, community college, institution of higher education, or public\\nagency is hereby authorized and empowered to do and perform any and all\\nacts necessary or convenient in relation to the performance of any such\\ncontracts.\\n (3) To enter into contracts with school districts which are component\\ndistricts in the board of cooperative educational services for the\\neducation by such component school district or districts of children who\\nreside within the board of cooperative educational services in the\\nprogram of the board of cooperative educational services, and for all\\npurposes of this chapter in such event such children shall be deemed\\nattending classes maintained by the board of cooperative educational\\nservices. School districts are hereby authorized and empowered to do and\\nperform any and all acts necessary or convenient in relation to the\\nperformance of any such contracts.\\n (4) To enter into contracts with nonpublic schools to provide data\\nprocessing services for pupil personnel records and other administrative\\nrecords of the nonpublic schools and the processing of fingerprints\\nutilized in criminal history record checks for those nonpublic schools\\nthat elect to require such criminal history record checks pursuant to\\nparagraph (a) of subdivision thirty of section three hundred five of\\nthis chapter.\\n (5) To enter into contracts with the United States of America, the\\nstate of New York, any community college, agricultural and technical\\ncollege or other public agency for the purpose of providing career\\neducation programs to such agencies. Any such proposed contract shall be\\nsubject to the review and approval of the commissioner, who may only\\napprove such proposed contract when, in his opinion, such contract will\\nresult in a more economical utilization of existing career and career\\neducation resources than would be achieved were such contract not\\napproved. The commissioner shall issue a finding in writing in making\\nall determinations pursuant to this article.\\n (6) To enter into contracts with not-for-profit corporations to\\nparticipate in federal programs relating to career training and\\nexperience. Any such proposed contract shall be subject to review and\\napproval of the commissioner, who may approve such proposed contract\\nonly when in his opinion such contract will result in increased or\\nimproved career opportunities. The commissioner shall issue a finding in\\nwriting in making all determinations pursuant to this subparagraph.\\n (7) To enter into contracts with the state of New York, any community\\ncollege, agricultural and technical college, or public agency for the\\npurpose of providing electronic data processing services to such\\nagencies. Any such proposed contract shall be subject to the review and\\napproval of the commissioner, who may only approve such proposed\\ncontract when, in his opinion, such contract will not disrupt the level\\nof services provided to component school districts and will result in a\\nmore economical utilization of existing board of cooperative educational\\nservices computer facilities. The commissioner shall issue a finding in\\nwriting in making all determinations pursuant to this subparagraph.\\n * (8) To enter into contracts with the commissioner of the office of\\nchildren and family services pursuant to subdivision six-a of section\\nthirty-two hundred two of this chapter to provide to such office, for\\nthe benefit of youth in its custody, any special education programs,\\nrelated services and career and technical education services provided by\\nthe board of cooperative educational services to component school\\ndistricts. Any such proposed contract shall be subject to the review and\\napproval of the commissioner to determine that it is an approved\\ncooperative educational service. Services provided pursuant to such\\ncontracts shall be provided at cost, and the board of cooperative\\neducational services shall not be authorized to charge any costs\\nincurred in providing such services to its component school districts.\\n * NB Repealed June 30, 2015\\n * (9) To enter into contracts with the commissioner of the office of\\nmental health, to provide special education and related services, in\\naccordance with subdivision six-b of section thirty-two hundred two of\\nthis chapter to patients hospitalized in hospitals operated by the\\noffice of mental health who are between the ages of five and twenty-one\\nwho have not received a high school diploma. Any such proposed contract\\nshall be subject to the review by the commissioner and his and her\\ndetermination that it is an approved cooperative educational service.\\nServices provided pursuant to such contracts shall be provided at cost\\nand approved by the commissioner of the office of mental health and the\\ndirector of the division of the budget, and the board of cooperative\\neducational services shall not be authorized to charge any costs\\nincurred in providing such services to its component school districts.\\n * NB Repealed June 30, 2015\\n * (10) To enter into contracts of no more than five years and subject\\nto the sunset date of this subparagraph, with out-of-state school\\ndistricts for special education and/or career and technical education\\nservices or for the use of existing products that demonstrate how to map\\nthe common core standards to assessments and/or provide access to\\nexisting webinars or online courses relating to implementation of the\\ncommon core standards and/or for providing professional development to\\neducators. Any contract shall be approved by the commissioner, the\\nboard of cooperative educational services and the district\\nsuperintendent of schools, provided such services are made available to\\nany school district within the supervisory district and that the\\nrequirements of this subparagraph are met. Contracts must be executed by\\nthe board of cooperative educational services and the trustees or boards\\nof education of such out-of-state school districts and shall only\\nauthorize out-of-state students to participate in an instructional\\nprogram if such services are available to all eligible students in New\\nYork state schools in the component districts and the number of\\nparticipating out-of-state students only comprises up to five percent of\\nthe total number of the total enrolled students in the instructional\\nprogram at the board of cooperative educational services and that the\\nboard of cooperative educational services spends no more than thirty\\npercent of its employees' time on services to out-of-state districts\\npursuant to this subparagraph. To be approved by the commissioner, the\\ncontract and any business plan, shall demonstrate that any services\\nprovided to out-of-state schools pursuant to this subparagraph shall not\\nresult in any additional costs being imposed on component school\\ndistricts and that any payments received by the board of cooperative\\neducational services for services provided in this subparagraph that\\nexceed any cost to the board of cooperative educational services for\\nproviding such services shall be applied to reduce the costs of aidable\\nshared services allocated to component school districts pursuant to\\nparagraph d of this subdivision and shall also be applied to reduce the\\napproved cost of services pursuant to subdivision five of this section.\\nServices provided by a board of cooperative educational services to\\ncomponent districts at the time of approval of a contract under this\\nparagraph shall not be reduced or eliminated solely due to a board of\\ncooperative educational services' performance of services to\\nout-of-state districts pursuant to this paragraph.\\n * NB Repealed July 1, 2019\\n (11) To enter into contracts with individual public libraries or\\npublic library systems for the purpose of providing high-speed\\ntelecommunications services including, but not limited to, high-speed\\ninternet services. Any such proposed contract shall be subject to the\\nreview and approval of the commissioner, who may only approve such\\nproposed contract when, in such commissioner's opinion, such contract:\\n(a) will result in a more economical utilization of existing boards of\\ncooperative educational services high-speed telecommunications services\\nor resources than would be achieved were such contract not approved; (b)\\nwill not disrupt the level of services to component school districts;\\nand (c) will result in a more economical utilization of existing library\\nresources. The commissioner shall issue a finding, in writing, making\\nany determination pursuant to this subparagraph. Such services to public\\nlibraries and library systems shall be provided at cost and shall not be\\neligible for aid pursuant to subdivision five of this section.\\n i. Make such reports as are required by the commissioner of education.\\n j. Appoint one of its members as president, one of its members or\\nanother qualified voter in a district within the supervisory district as\\nclerk and another qualified voter in a district within the supervisory\\ndistrict as treasurer. The duties of the clerk and treasurer shall be\\nthe same as those established by statute and regulations of the\\ncommissioner of education for clerks and treasurers of union free school\\ndistricts.\\n k. Designate a depositary within the territorial limits of any\\ncomponent district for the deposit of money in the manner provided by\\nsection ten of the general municipal law. The receipt, deposit,\\ninvestment and disbursement of moneys, and all procedures relating\\nthereto, including, but not limited to the requirements for signatures,\\nthe appointment of a claims auditor to approve claims for purchases, and\\nthe optional use of claim forms, and the establishment of an internal\\naudit function, shall be subject to the laws relating to union free\\nschool districts.\\n m. At the request of officials of school districts, created by\\nlegislative act, within the territory of a board of cooperative\\neducational services, provide services as outlined in paragraph d of\\nthis subdivision. For such districts, there shall be apportioned from\\nstate funds to the board of cooperative educational services a sum equal\\nto one-half the total cost of the approved services provided to such\\nschool district.\\n n. In those counties where taxes other than those on real property are\\napplied to school purposes, the tax rate shall be deemed to be that\\nwhich would result if such taxes had not been applied to school\\npurposes.\\n o. A meeting of members of the boards of education and school trustees\\nof the component districts shall be held during the month of April on or\\nbefore the fifteenth day of April, on a date and at a place and hour\\ndesignated by the president of the board of cooperative educational\\nservices. The tentative administrative capital and program budgets of\\nthe board of cooperative educational services shall be available for\\ninspection of the boards of education and school trustees at such\\nmeeting. Notice of the date, time and place of such meeting shall be\\ngiven to each of the members of the boards of education and trustees and\\nto the clerk of each of the component school districts by mail addressed\\nto the last known address of such persons at least fourteen days prior\\nto the meeting.\\n p. (a) To rent suitable land, classrooms, offices or buildings upon or\\nin which to maintain and conduct such cooperative educational services\\nand administrative offices for a period not to exceed ten years and to\\nimprove, alter, equip and furnish such land, classrooms, offices or\\nbuildings in a suitable manner for such purposes (1) before executing\\nany lease, the board shall adopt a resolution determining that such\\nagreement is in the best financial interests of the supervisory district\\nand stating the basis of that determination; (2) the rental payment\\nshall not be more than the fair market value as determined by the board;\\nand (3) upon the consent of the commissioner, renewal of such lease may\\nbe made for a period of up to ten years. Nothing contained herein shall\\nprevent the board from entering into a lease agreement which provides\\nfor the cancellation of the same by such board upon: (i) a substantial\\nincrease or decrease in pupil enrollment; or (ii) a substantial change\\nin the needs and requirements of a board of cooperative educational\\nservices with respect to facilities; or (iii) any other change which\\nsubstantially affects the needs or requirements of a board of\\ncooperative educational services or the community in which it is\\nlocated. No lease or other contract for the occupancy of such land,\\nclassrooms, offices or buildings shall be enforceable against the board\\nof cooperative educational services unless and until the same shall have\\nbeen approved in writing by the commissioner.\\n (b) To lease unneeded facilities to public or private agencies,\\nindividuals, partnerships, or corporations, with the approval of the\\ncommissioner of education, and for a term not to exceed five years,\\nwhich shall be renewable with the approval of the commissioner of\\neducation.\\n q. To provide transportation for pupils to and from classes maintained\\nby such board of cooperative educational services at the request of one\\nor more school districts. School districts and boards of cooperative\\neducational services are authorized to enter into contracts with one or\\nmore school districts, private contractors, and one or more boards of\\ncooperative educational services and any municipal corporation and\\nauthority to provide such transportation. Boards of cooperative\\neducational services may operate joint or regional transportation\\nsystems for the transportation authorized by articles seventy-three and\\neighty-nine of this chapter. Such transporation, except when provided by\\na political subdivision or a board of cooperative educational services,\\nshall be subject to the requirements of subdivision fourteen of section\\nthree hundred five of the education law.\\n r. With the approval of the district superintendent of schools and of\\nthe commissioner of education to furnish any of the educational services\\nprovided for in this section or any other section of law which\\nauthorizes such board to provide services to school districts outside of\\nthe supervisory district, upon such terms as may be agreed upon pursuant\\nto contracts executed by such board of cooperative educational services\\nand the trustees or boards of education of such school districts.\\n s. Provide workmen's compensation coverage as provided in the\\nworkmen's compensation law for all teachers and other employees for\\ninjuries incurred in actual performance of duty.\\n t. When authorized by the qualified voters of the board, to purchase\\nor otherwise acquire buildings, sites or additions thereto, to purchase\\nor otherwise acquire real property for any lawful purpose and to\\nconstruct buildings thereon.\\n u. To purchase necessary furniture, equipment, implements, apparatus\\nand supplies.\\n v. To accept gifts of real and personal property.\\n w. To furnish any of the services provided for in this section or any\\nother section of law which authorizes such board to provide services to\\nschool districts outside of the board of cooperative educational\\nservices, with the approval of the commissioner of education and of the\\ndistrict superintendent of schools or superintendents of schools having\\njurisdiction of such school districts for a period of not to exceed five\\nyears, upon such terms as may be agreed upon pursuant to contracts\\nexecuted by the board of cooperative educational services and the\\ntrustees or boards of education of such school districts.\\n x. To sell, when authorized by the qualified voters of the board of\\ncooperative educational services, any real property the title of which\\nis vested in the board of cooperative educational services and buildings\\nthereon and appurtenances or any part thereof at such price and upon\\nsuch terms as shall be prescribed in such resolution; also, when so\\nauthorized, to exchange real property belonging to the board of\\ncooperative educational services for the purpose of improving or\\nchanging school sites. The proceeds of such sale shall be applied as\\nprovided by the resolution authorizing such sale.\\n * y. To enter into agreements for the lease of personal property.\\nBefore executing any such agreement, the board shall adopt a resolution\\ndetermining that such agreement is in the best financial interests of\\nthe board of cooperative educational services, which resolution shall\\nstate the basis for that determination. Such agreements shall be subject\\nto the bidding requirements of the general municipal law. No agreement\\nfor the lease of personal property may be made for a term in excess of\\nfive years, beginning with the time of receipt of possession of the\\nsubject of the lease.\\n * NB There are 2 par. y's\\n * y. Notwithstanding any other provision of this section and with the\\nconsent of the commissioner, the board of cooperative educational\\nservices of the county of Oswego may enter into contracts with the\\ncounty of Oswego to provide transportation for handicapped children in\\nthe county of Oswego to and from any facility or institution for\\neducating handicapped children within or without such county.\\n * NB There are 2 par. y's\\n z. To furnish, with the approval of the commissioner of education, for\\nan amount not less than the cost thereof, any of the instructional\\nsupport services provided to component school districts, including but\\nnot limited to audio-visual materials and related media services,\\ncurricular materials, in-service education programs and pupil personnel\\nservices for the diagnosis of handicapping conditions, to any nonpublic,\\nnot-for-profit elementary or secondary school in the state of New York\\nwhich provides the instruction required by section thirty-two hundred\\nfour and article seventeen of this chapter, and which is chartered by\\nthe regents or registered with or subject to examination and inspection\\nby the state education department.\\n aa. Notwithstanding any other provision of law, a board of cooperative\\neducational services may, with the prior written approval of the\\ncommissioner, contract to accept from a leasing company which has\\nqualified as lowest bidder pursuant to the provisions of the general\\nmunicipal law a sum sufficient to purchase data processing equipment\\nfrom the manufacturer thereof, pay such sum to the manufacturer of said\\nequipment, receive the equipment and title thereto and convey the same\\nto the leasing company with a simultaneous lease of the equipment from\\nsuch leasing company to the board of cooperative educational services\\nfor a specified period of years. Before any such agreement shall be\\nexecuted, the board of cooperative educational services shall adopt a\\nresolution determining that such agreement is in the best financial\\ninterest of the board. Such lease may be renewed for a further specified\\nperiod of years with the prior approval of the commissioner of\\neducation.\\n bb. Boards of cooperative educational services may provide academic\\nand other programs and services in the school year on a cooperative\\nbasis, including summer programs and services. (1) Requests to provide\\nsuch programs and services shall be filed annually with the commissioner\\nfor approval.\\n (2) The commissioner may approve such programs and services only if\\nthey (a) are requested by two or more component school districts; (b)\\nwill provide additional opportunities for pupils; (c) will be expected\\nto result in a cost savings to the two or more component school\\ndistricts requesting the programs and services; (d) will provide greater\\nopportunity for pupils, including those with handicapping conditions, to\\nearn credit for academic subjects and (e) will insure a greater or more\\nappropriate use of facilities by boards of cooperative educational\\nservices.\\n (3) Such programs and services may include, but shall not be limited\\nto (a) expansion of itinerant teaching services in advanced academic\\nsubject courses; (b) academic course offerings at regular board of\\ncooperative educational services centers or at leased sites during the\\nschool year or summer school periods, as requested by component\\ndistricts; (c) block scheduling to enable students to attend classes at\\na board of cooperative educational services center for an entire school\\nday; (d) satellite offerings of specific concentrations or\\nspecializations sponsored by boards of cooperative educational services\\nat local schools, with cross-contracting for services; (e) expanded use\\nof interactive television and other technologies to offer academic\\ncourses on site or at component school districts; and (f) programs of\\nacademic intervention services approved by the commissioner designed to\\nfulfill the academic intervention services requirement imposed by the\\nregulations of the commissioner, provided that in approving such\\nprograms and services for the two thousand--two thousand one school year\\nor thereafter, the commissioner shall assure that the program or service\\nresults in a cost savings to all participating districts, disregarding\\nany aid pursuant to subdivision five of this section.\\n (4) Such programs or services if approved by the commissioner, shall\\nbe eligible for aid pursuant to subdivision five of this section.\\n (5) A teacher whose position in a school district is abolished as the\\nresult of a takeover of an academic program by a board or boards of\\ncooperative educational services shall be accorded the rights provided\\nby section thirty hundred fourteen-a of this chapter.\\n (6) To implement a program or service approved under this paragraph, a\\nschool district may transport pupils to the site of a board of\\ncooperative educational services program in those cases where a pupil\\notherwise would be entitled to transportation but for the fact that the\\nprogram is at the board of cooperative educational services and not at a\\nschool of the district. Under these circumstances, for those purposes of\\narticle seventy-three of this chapter, the board of cooperative\\neducational services site shall be considered a school.\\n cc. Upon approval by a vote of the board of cooperative educational\\nservices, establish and maintain a program of reserves not to exceed\\nthree per centum of the annual budget of the district to cover property\\nloss and liability claims. Separate funds shall be established for\\nproperty losses and for liability claims, and the separate identity of\\neach such fund shall be maintained whether its assets consist of cash or\\ninvestments or both. The money in such funds shall be deposited and\\nsecured in the manner provided by section ten of the general municipal\\nlaw. The moneys so deposited shall be accounted for separate and apart\\nfrom all other funds of the district, in the same manner as provided in\\nsubdivision ten of section six-c of the general municipal law. The\\nmoneys in such funds may be invested in the manner provided by section\\neleven of the general municipal law. Any interest earned or capital gain\\nrealized on the money so deposited shall accrue and become part of such\\nfunds. Such reserve funds shall not be reduced to amounts less than the\\ntotal of the amounts estimated to be necessary to cover incurred but\\nunsettled claims or suits including expenses in connection therewith\\nother than by payments for losses for which such reserve amounts were\\nestablished, except that such board may authorize use of such funds\\nother than amounts allocated for unsettled claims or suits including\\nexpenses in connection therewith to pay premiums for insurance policies\\npurchased to insure subsequent losses in areas previously self-insured,\\nin the event of dissolution of the self-insurance plan.\\n dd. Provide for activities and services pertaining to the arts at the\\nrequest of one or more school districts. Such activities and services\\nshall be eligible for aid and shall include, but not be limited to,\\nprograms with, and performances by, artists or organizations approved by\\nthe commissioner of education. Boards of cooperative educational\\nservices are authorized to enter into contracts with one or more school\\ndistricts, or boards of cooperative educational services.\\n ee. Upon approval by a vote of the board of cooperative educational\\nservices and of the boards of education of a majority of the school\\ndistricts participating in the instructional program of such board,\\nestablish a career education instructional equipment reserve fund for\\nthe replacement and purchase of advanced technology equipment used in\\ninstructional programs conducted by the board of cooperative educational\\nservices. Subject to a limitation imposed by regulation of the\\ncommissioner on the amount of money which may be maintained in equipment\\nreserve funds established pursuant to this paragraph, moneys for such\\nfunds shall be obtained by including depreciation expenses for the\\ncareer education instructional equipment used in providing instructional\\nservices on a cooperative basis in the computation of the cost of such\\nservices pursuant to paragraph d of this subdivision. Proceeds from the\\nsale of career education instructional equipment used in the\\ninstructional programs of the board and any income earned on money\\ndeposited in a reserve fund shall become part of such fund. The moneys\\nin such funds shall be deposited and secured in the manner provided by\\nsection ten of the general municipal law. The moneys so deposited shall\\nbe accounted for separate and apart from all other funds of the\\ndistrict, in the same manner as provided in subdivision ten of section\\nsix-c of the general municipal law. The moneys in such funds may be\\ninvested by the board of cooperative educational services in the manner\\nprovided by section eleven of the general municipal law. In the event a\\ncareer education instructional equipment reserve fund is liquidated, the\\nmoneys in such fund shall be allocated to the school districts\\nparticipating in the instructional programs of the board of cooperative\\neducational services in proportion to the value of the contributions to\\nthe fund made by the participating districts. The commissioner may\\npromulgate regulations pertaining, but not limited, to the amount of\\nmoney to be retained in such reserve funds, the types of equipment for\\nwhich depreciation expenses may be charged and for which expenditures\\nmay be made from the reserve fund, and required documentation of\\ntransactions relating to such funds.\\n ff. In its discretion, to purchase insurance against personal injuries\\nincurred by an authorized participant in a school volunteer program,\\nincluding but not limited to, those authorized participants who assist\\non school buses, school sponsored transportation to and from school, or\\non school sponsored field trips or any other school sponsored activity;\\nprovided, however, that the injuries were incurred while the authorized\\nparticipant was functioning either within the scope of his or her\\nauthorized volunteer duties or under the direction of the board of\\neducation, trustee, or board of cooperative educational services, or\\nboth.\\n gg. Notwithstanding any other provision of law, a board of cooperative\\neducational services may provide training for employment to adults on a\\nspace available basis, with consideration given to occupations and\\nindustries in demand, and establish reduced adult tuition rates for such\\ntraining. For the purposes of this section, training for employment for\\nadults shall be offered through state approved sequences or parts\\nthereof of secondary career education instruction. Adults may\\nparticipate in such instruction and be awarded certificates of\\ncompletion, but they may not earn credit based on their participation\\ntowards a high school diploma. Pursuant to section forty-six hundred two\\nof this chapter, a board of cooperative educational services may\\nestablish such reduced rates for participation of adults provided that\\nparticipation is limited to assigned instructional staff and currently\\nused facilities in scheduled secondary career education programs, and\\nprovided further that such rates may not be less than fifty percent of\\nthe tuition rates charged to school districts for the participation of\\nsecondary students in the same programs, unless waived by the\\ncommissioner based on application of the board of cooperative\\neducational services. This participation of adults at reduced tuition\\nrates shall be in accordance with terms agreed upon by the board of\\ncooperative educational services and the component school districts\\nreceiving such services but in no case shall such rates result in\\nextraordinary costs assigned to such component school districts. Boards\\nof cooperative educational services which provide such training to\\nadults shall submit to the commissioner annually a report which shall\\ninclude but not be limited to the number of adults served, referral\\nsource, training sequences or parts thereof taken by adult participants,\\nthe tuition rates charged to them, and the gross revenues realized\\ntherefrom. For the purpose of this paragraph, \"adult\" shall mean any\\nperson under the age of twenty-one who has received a high school\\ndiploma or any person twenty-one years of age or older, whether or not\\nthey have received a high school diploma.\\n hh. Provide for activities and services pertaining to environmental\\neducation at the request of more than one school district. Such\\nactivities and services each of which shall not exceed three weeks\\nduration to be eligible for aid and shall include programs with and\\nperformances by individuals or organizations with special skills\\nessential to the activity or service, but not appropriate to full time\\nboards of cooperative educational services staff. Boards of cooperative\\neducational services are authorized to enter into contracts with\\nindividuals, public agencies, and not-for-profit corporations to carry\\nout the provisions of this paragraph, subject to the approval of the\\ncommissioner.\\n ii. Enter into agreements with one or more financing agencies to\\nprovide for the acceptance by such board of credit cards as a means of\\npayment of course fees or tuition when required for instructional\\nprograms offered by such board of cooperative educational services. Any\\nsuch agreement shall govern the terms and conditions upon which a credit\\ncard proffered as a means of payment of such fees or tuition shall be\\naccepted or declined and the manner in and conditions upon which the\\nfinancing agency shall pay to such board the amount of such fees or\\ntuition paid by means of a credit card pursuant to such agreement. Any\\nsuch agreement may provide for the payment by such board to such\\nfinancing agency of fees for the services provided by such financing\\nagency. For purposes of this paragraph, the following terms shall have\\nthe following meanings:\\n (1) \"Credit card\" means any credit card, credit plate, charge plate,\\ncourtesy card, debit card or other identification card or device issued\\nby a person to another person which may be used to obtain a cash advance\\nor a loan or credit or to purchase a lease property or services on the\\ncredit of the person issuing the credit card or a person who has agreed\\nwith the issuer to pay obligations arising from the use of a credit card\\nissued to another person.\\n (2) \"Financing agency\" means any agency defined as such in subdivision\\neighteen of section four hundred one of the personal property law;\\n (3) \"Person\" means an individual, partnership, corporation or any\\nother legal or commercial entity.\\n jj. To contract to furnish any of the services provided for in this\\nsection to component school districts of the board of cooperative\\neducational services, with the approval of the commissioner, for a\\nperiod not to exceed five years, upon such terms as may be agreed upon\\npursuant to such contracts executed by the board of cooperative\\neducational services and the trustees or boards of education of such\\nschool districts, provided that any such contract entered into, extended\\nor amended on or after July first, nineteen hundred ninety-six shall be\\nconsistent with the requirements of paragraph d of this subdivision and\\nsubdivision one of section nineteen hundred fifty-one of this article\\nregarding the allocation of costs to component school districts based\\nupon the local uniform unit cost of each such service.\\n kk. For the nineteen hundred ninety-seven--ninety-eight school year\\nand thereafter, the board of cooperative educational services (BOCES)\\nshall prepare a BOCES report card, pursuant to regulations of the\\ncommissioner, and shall make it publicly available by transmitting it to\\nlocal newspapers of general circulation, appending it to copies of the\\nproposed administrative budget made publicly available as required by\\nlaw, making it available for distribution at the annual meeting, and\\notherwise disseminating it as required by the commissioner. Such report\\ncard shall include measures of the academic performance of the board of\\ncooperative educational services, on a school by school or program by\\nprogram basis, and measures of the fiscal performance of the supervisory\\ndistrict, as prescribed by the commissioner. Pursuant to regulations of\\nthe commissioner, the report card shall also compare these measures to\\nstatewide averages for all boards of cooperative educational services.\\nSuch report card shall include any information required by the\\ncommissioner.\\n * ll. a. Shall require, for purposes of a criminal history record\\ncheck, the fingerprinting of all prospective employees pursuant to\\nsection three thousand thirty-five of this chapter, who do not hold\\nvalid clearance pursuant to such section or pursuant to section three\\nthousand four-b of this chapter or section five hundred nine-cc or\\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\\ninitiating the fingerprinting process, the prospective employer shall\\nfurnish the applicant with the form described in paragraph (c) of\\nsubdivision thirty of section three hundred five of this chapter and\\nshall obtain the applicant's consent to the criminal history records\\nsearch. Every set of fingerprints taken pursuant to this paragraph shall\\nbe promptly submitted to the commissioner for purposes of clearance for\\nemployment.\\n b. Upon the recommendation of the district superintendent, the board\\nmay conditionally appoint a prospective employee. A request for\\nconditional clearance shall be forwarded to the commissioner along with\\nthe prospective employee's fingerprints, as required by paragraph a of\\nthis subdivision. Such appointment shall not commence until notification\\nby the commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted, the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n c. Upon the recommendation of the district superintendent, the board\\nmay make an emergency conditional appointment when an unforeseen\\nemergency vacancy has occurred. When such appointment is made, the\\nprocess for conditional appointment pursuant to paragraph b of this\\nsubdivision must also be initiated. Emergency conditional appointment\\nmay commence prior to notification from the commissioner on conditional\\nclearance but shall terminate twenty business days from the date such\\nappointment commences or when the prospective employer is notified by\\nthe commissioner regarding conditional clearance, whichever occurs\\nearlier, provided that if conditional clearance is granted, the\\nappointment shall continue as a conditional appointment. Prior to the\\ncommencement of such appointment, the prospective employer must obtain a\\nsigned statement for emergency conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction. An unforeseen emergency vacancy shall be\\ndefined as: (i) a vacancy that occurred less than ten business days\\nbefore the start of any school session, including summer school, or\\nduring any school session, including summer school, without sufficient\\nnotice to allow for clearance or conditional clearance; (ii) when no\\nother qualified person is available to fill the vacancy temporarily; and\\n(iii) when emergency conditional appointment is necessary to maintain\\nservices which the district is legally required to provide or services\\nnecessary to protect the health, education or safety of students or\\nstaff. The provisions of subparagraph (i) of this paragraph shall not\\napply if the board finds that the district has been unable to fill the\\nvacancy despite good faith efforts to fill such vacancy in a manner\\nwhich would have allowed sufficient time for clearance or conditional\\nclearance.\\n d. Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * ll. Shall require, for purposes of a criminal history record check,\\nthe fingerprinting of all prospective employees pursuant to section\\nthree thousand thirty-five of this chapter, who do not hold valid\\nclearance pursuant to such section or pursuant to section three thousand\\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history records search. Every set of\\nfingerprints taken pursuant to this paragraph shall be promptly\\nsubmitted to the commissioner for purposes of clearance for employment.\\n * NB Effective July 1, 2015\\n mm. Shall upon commencement and termination of employment of an\\nemployee by the board, provide the commissioner with the name of and\\nposition held by such employee.\\n * nn. Notwithstanding any other provision of this section and with the\\nconsent of the commissioner, the Madison-Oneida board of cooperative\\neducational services may enter into a contract or contracts not to\\nexceed a total period of two years with the Madison Cortland ARC to\\nprovide transportation maintenance and repair services on buses owned\\nand operated by the Madison Cortland ARC. The Madison-Oneida board of\\ncooperative educational services shall not charge any portion of costs\\nincurred pursuant to this paragraph to its component school districts.\\n * NB Repealed July 26, 2015\\n 4-a. The board of cooperative educational services shall develop a\\nplan to ensure that all instructional materials to be used in the\\nprograms of the board of cooperative educational services are available\\nin a usable alternative format for each student with a disability, as\\ndefined in section forty-four hundred one of this chapter, and for each\\nstudent who is a qualified individual with a disability as defined in\\nthe rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701)\\nas amended, in accordance with his or her educational needs and course\\nselection, at the same time as such instructional materials are\\navailable to non-disabled students. As part of such plan, the board of\\ncooperative educational services shall amend its procurement policies to\\ngive a preference in the purchase of instructional materials to vendors\\nwho agree to provide materials in alternative formats. For purposes of\\nthis subdivision, \"alternative format\" shall mean any medium or format\\nfor the presentation of instructional materials, other than a\\ntraditional print textbook, that is needed as an accommodation for a\\ndisabled student enrolled in a program of the board of cooperative\\neducational services, including but not limited to Braille, large print,\\nopen and closed captioned, audio, or an electronic file in an approved\\nformat, as defined in the regulations of the commissioner. When an\\nelectronic file is provided, the plan shall specify how the format will\\nbe accessed by students and/or how the district shall convert to an\\naccessible format. Such plan shall identify the needs of students\\nenrolled in a program of the board of cooperative educational services\\nfor alternative format materials. Such plan shall also specify ordering\\ntimelines to ensure that alternative format materials are available at\\nthe same time as regular format materials. Such plans shall include\\nprocedures to address the need to obtain materials in alternative format\\nwithout delay for disabled students who enroll in a program of a board\\nof cooperative educational services during the school year.\\n 5. a. Upon application by a board of cooperative educational services,\\nthere shall be apportioned and paid from state funds to each board of\\ncooperative educational services an amount which shall be the product of\\nthe approved cost of services actually incurred during the base year\\nmultiplied by the sharing ratio for cooperative educational services aid\\nwhich shall equal the greater of: (i) an amount equal to one minus the\\nquotient expressed as a decimal to three places without rounding of\\neight mills divided by the tax rate of the local district computed upon\\nthe actual valuation of taxable property, as determined pursuant to\\nsubdivision one of section thirty-six hundred two of this chapter and\\nnotwithstanding section three thousand six hundred three, expressed in\\nmills to the nearest tenth as determined by the commissioner, provided,\\nhowever, that where services are provided to a school district which is\\nincluded within a central high school district or to a central high\\nschool district, such amount shall equal one minus the quotient\\nexpressed as a decimal to three places without rounding of three mills\\ndivided by the tax rates, expressed in mills to the nearest tenth, of\\nsuch districts, as determined by the commissioner or (ii) the aid ratio\\nof each school district for the current year, which shall be such\\ncomponent school district's board of cooperative educational services\\naid ratio and which shall be not less than thirty-six percent converted\\nto decimals and shall be not more than ninety percent converted to\\ndecimals. For the purposes of this paragraph, the tax rate of the local\\ndistrict computed upon the actual valuation of taxable property shall be\\nthe sum of the amount of tax raised by the school district plus any\\npayments in lieu of taxes received by the school district pursuant to\\nsection four hundred eighty-five of the real property tax law, divided\\nby the actual valuation of the school district, provided, however that\\nthe tax rate for a central high school district shall be the sum of the\\namount of tax raised by the common and union free school districts\\nincluded within the central high school district for the support of the\\ncentral high school district plus any payments in lieu of taxes received\\nfor the support of the central high school district pursuant to section\\nfour hundred eighty-five of the real property tax law, divided by the\\nactual valuation of the central high school district. The tax rate for\\neach common or union free school district which is included within a\\ncentral high school district shall be the sum of the amount raised for\\nthe support of such common or union free school district plus any\\npayments in lieu of taxes received for the support of the school\\ndistrict pursuant to section four hundred eighty-five of the real\\nproperty tax law, exclusive of the amount raised for the central high\\nschool district, divided by the actual valuation of such common or union\\nfree school district.\\n b. The cost of services herein referred to shall be the amount\\nallocated to each component school district by the board of cooperative\\neducational services to defray expenses of such board, except that that\\npart of the salary paid any teacher, supervisor or other employee of the\\nboard of cooperative educational services which is in excess of thirty\\nthousand dollars shall not be such an approved expense, and except also\\nthat administrative and clerical expenses shall not exceed ten percent\\nof the total expenses for purposes of this computation. Any gifts,\\ndonations or interest earned by the board of cooperative educational\\nservices or on behalf of the board of cooperative educational services\\nby the dormitory authority or any other source shall not be deducted in\\ndetermining the cost of services allocated to each component school\\ndistrict. Any payments made to a component school district by the board\\nof cooperative educational services pursuant to subdivision eleven of\\nsection six-p of the general municipal law attributable to an approved\\ncost of service computed pursuant to this subdivision shall be deducted\\nfrom the cost of services allocated to such component school district.\\nThe expense of transportation provided by the board of cooperative\\neducational services pursuant to paragraph q of subdivision four of this\\nsection shall be eligible for aid apportioned pursuant to subdivision\\nseven of section thirty-six hundred two of this chapter and no board of\\ncooperative educational services transportation expense shall be an\\napproved cost of services for the computation of aid under this\\nsubdivision. Transportation expense pursuant to paragraph q of\\nsubdivision four of this section shall be included in the computation of\\nthe ten percent limitation on administrative and clerical expenses.\\n c. The \"tax rate\" as herein referred to shall not include a special\\ntax levied for debt service in an existing district of a central school\\ndistrict or a consolidated district.\\n d. Nothing in this act shall prevent school districts or boards of\\ncooperative educational services with the approval of the commissioner\\nof education from providing cooperative educational services for which\\nno application for state aid is to be made.\\n e. Any aid apportioned in accordance with section two hundred thirteen\\nof the education law to a board of cooperative educational services in\\nconnection with the production of educational television materials and\\nprograms, or the acquisition by purchase, lease or otherwise of\\ntelevision facilities or operational expenses in connection therewith\\nshall not be utilized in connection with computing the apportionment to\\nsuch board of cooperative educational services. Any aid apportioned or\\npaid by the state to a board of cooperative educational services for\\nexperimental or special programs shall not be utilized in connection\\nwith computing the apportionment to such board of cooperative\\neducational services.\\n f. The sum of the amounts determined for each component school\\ndistrict as the apportionment to the board of cooperative educational\\nservices pursuant to the provisions of this section shall not be less\\nthan the amount which would have been apportioned during the nineteen\\nhundred sixty-seven--sixty-eight school year under the provisions of\\nthis subdivision as in effect on December thirty-first, nineteen hundred\\nsixty-six to the board of cooperative educational services of which the\\ndistrict was a component member for which such apportionment was made,\\nexcept that such minimum apportionment shall be reduced in any year in\\nwhich the expenditures of the component district for board of\\ncooperative educational purposes fall below the expenditure on which the\\nnineteen hundred sixty-seven--sixty-eight apportionment to the board of\\ncooperative educational services was based, such reduction to be made on\\na proportionate basis.\\n g. Any payment required by a board of cooperative educational services\\nto the dormitory authority or any payment required by a board of\\ncooperative educational services to acquire or construct a school\\nfacility of the board of cooperative educational services, and any\\npayments for rental of facilities by a board of cooperative educational\\nservices shall, for the purposes of apportionment of public moneys to\\nthe board of cooperative educational services by the state of New York,\\nbe deemed to be an administrative or capital expense, as designated by\\nthe commissioner, but the entire amount of such payment shall be\\nutilized in making such apportionment and the limitation of ten percent\\nof the total expenses contained in this subdivision shall not be\\napplicable. Any expense designated by the commissioner as a capital\\nexpense shall be included in the capital budget of the board of\\ncooperative educational services and, except as otherwise provided in\\nthis paragraph, shall be aided in the same manner as an administrative\\nexpense. Any such payment shall not be considered part of the total\\nexpenses of the board for purposes of determining the administrative and\\nclerical expenses not to exceed ten percent otherwise eligible for aid\\nunder this subdivision, and such payments shall be considered for the\\npurpose of apportionment during the current school year such payment is\\nmade. The apportionment for such payments shall be determined by\\nmultiplying the amount of such payment allocated to each component\\nschool district in the board of cooperative educational services by the\\naid ratio, and shall be not more than ninety percent converted to\\ndecimals, of each such component computed pursuant to subdivision three\\nof section thirty-six hundred two and used to apportion aid to that\\ndistrict in that current school year; provided, however, the\\napportionment for the construction, acquisition, reconstruction,\\nrehabilitation, or improvement of board of cooperative educational\\nservices facilities, including payments to the dormitory authority and\\npayments under any lease agreement, shall be based upon the cost of the\\nboard of cooperative educational services school facilities but not to\\nexceed the cost allowance set forth in subdivision six of section\\nthirty-six hundred two of the education law and payments for rental\\nfacilities shall be subject to the approval of the commissioner.\\n h. Each board of cooperative educational services receiving a payment\\npursuant to paragraph a of this subdivision and section thirty-six\\nhundred nine-d of this chapter shall be required to set aside from such\\npayment an amount not less than the amount of state aid received\\npursuant to paragraph a of this subdivision in the base year that was\\nattributable to cooperative services agreements (CO-SERs) for career\\neducation, as determined by the commissioner, and shall be required to\\nuse such amount to support career education programs in the current\\nyear.\\n 5-a. Financial assistance for school districts first joining a board\\nof cooperative educational services (BOCES). a. Eligibility. Any school\\ndistrict first joining a BOCES on or after July first, nineteen hundred\\nninety-five and prior to July second, nineteen hundred ninety-seven\\nshall be eligible to apply to the commissioner for financial assistance\\npursuant to the provisions of this subdivision and subdivision five of\\nthis section.\\n b. Financial assistance. Financial assistance shall mean an interest\\nfree loan available upon application in the current year which shall not\\nexceed the product of (i) the applicable percent defined in paragraph c\\nof this subdivision and (ii) the sum of the local share and any\\nrepayment due for the prior year loan. Such local share shall equal the\\npositive remainder resulting when aid payable on behalf of the district\\nin the current year pursuant to subdivision five of this section is\\nsubtracted from the district's BOCES expenses which are or would be\\naidable in the current year or the next year pursuant to such\\nsubdivision five. The annual application for such a loan shall be in a\\nform prescribed by the commissioner and shall accompany the submission\\nof the final set of state aid forms required of the BOCES each year and\\nshall be certified by the district superintendent of the BOCES. The\\namount of the loan in any year shall be determined by the commissioner\\nand the payment and repayment of the loan shall be in accordance with\\nthe provisions of paragraph d of this subdivision.\\n c. Applicable percent. The applicable percent shall be determined by\\nthe number of years that an eligible district has been a component\\ndistrict of a BOCES. In the first year, such percent shall be equal to\\nthe district's BOCES and building aid ratio for aid payable in the first\\nyear in which the district joins the BOCES, each year thereafter, such\\npercent shall be reduced by ten percent until such percent would drop\\nbelow ten percent at which time it shall be deemed to be zero.\\n d. Payment and repayment. Notwithstanding any inconsistent provisions\\nof section thirty-six hundred nine-a of this chapter, the loan amounts\\ndetermined by the commissioner pursuant to paragraph b of this\\nsubdivision shall be paid to each eligible school district on or before\\nJune fifteenth, commencing with the first year of eligibility, but only\\nto the extent that the repayment of the base year loan has been secured.\\nNotwithstanding any inconsistent provision of law, the state comptroller\\nshall deduct the amount of any base year loan from any monies due such\\nschool district in March of the current year. Should the amount of any\\nmonies due such school district in March be insufficient to repay the\\ntotal amount of the base year loan to the school district, the state\\ncomptroller shall deduct any balance due the state from any other monies\\npayable to such district. Should the total amount of monies due to or on\\nbehalf of such school district be insufficient to repay the total amount\\nof the base year loan determined in paragraph b of this subdivision,\\nsuch school district shall make a direct payment to the state before\\nMarch first of the current year and such payment shall be credited to\\nthe general fund local assistance account of the department.\\n 6. The board of cooperative educational services is hereby created a\\nbody corporate. All property which is now vested in, or shall hereafter\\nbe transferred to the board of cooperative educational services, shall\\nbe held by them as a corporation.\\n 7. In the event that two or more entire supervisory districts for\\nwhich boards of cooperative educational services have been established\\nshall become a single supervisory district by the redistricting of\\nsupervisory districts pursuant to section twenty-two hundred one of this\\nchapter, the boards of cooperative educational services theretofore\\nestablished shall nevertheless remain in existence until August first\\nnext following such redistricting for the purpose of carrying out the\\nprograms for the current school year. For all other purposes, from and\\nafter the effective date of such redistricting such boards of\\ncooperative educational services shall constitute a single board of\\ncooperative educational services for the supervisory district as then\\nconstituted in the same manner as though such board had been established\\nfor such supervisory district pursuant to subdivision one of this\\nsection, and shall have all of the powers and duties of such boards\\nunder this chapter. The members of such boards shall continue to serve\\nuntil the expiration of the terms of office for which they were elected.\\nNo election shall be held to fill vacancies on such board as the terms\\nof members expire until such date as the terms of sufficient members\\nhave expired to cause the membership of such board to be not less than\\nfive nor more than fifteen, such number to be determined at the annual\\nmeeting of the trustees and members of boards of education of such\\nsupervisory district held in the month of April following such\\nredistricting. Thereafter members of such board shall be elected\\nannually to fill vacancies occurring by expiration of term.\\nNotwithstanding any other provision of law, a board of cooperative\\neducational services may fill a vacancy on such board at the annual\\nboard election immediately following such annual meeting and may accept\\nnominations pursuant to subdivision two-a of this section in\\nanticipation that one or more vacancies will exist once such annual\\nmeeting so establishes the number of the membership of the board,\\nprovided that the election ballot shall state that nominations have been\\naccepted in anticipation of possible vacancies and that the clerk of the\\nboard of cooperative educational services will advise the component\\nboards in writing of the actual number of vacant offices to be filled at\\nthe election, if any, no later than one business day after the annual\\nmeeting. Should such a supervisory district for which a board of\\ncooperative educational services has been established be divided by the\\ncommissioner in the redistricting thereof, on August first next\\nfollowing such redistricting, after paying all outstanding obligations\\nof such board, any balance of funds remaining in the treasury of such\\nboard shall be allocated to the credit of the component school districts\\nin accordance with the ratio which the proportion of the cost allocated\\nto each component school district bears to the total cost of services of\\nsuch board of cooperative educational services during the last full\\nschool year of its operation. In the event that a board of cooperative\\neducational services shall have been established for the supervisory\\ndistrict of which such component district is then a part, the amount of\\nsuch balance allocated to such district shall be paid to the board of\\ncooperative educational services established for such supervisory\\ndistrict and any member of the board of cooperative educational services\\nfor such divided district who resides in the territory so transferred\\nshall on and after the date of such redistricting become a member of the\\nboard of cooperative educational services of the supervisory district to\\nwhich the school district in which he or she resides has been\\ntransferred and shall serve as such member until the expiration of the\\nterm of office for which he or she was elected. In the event that there\\nis no board of cooperative educational services for any component\\ndistrict the amount of such balance allocated to such district shall be\\npaid to the treasurer of such district. In such event the state aid\\nauthorized by subdivision five of this section for the last year of\\noperation of such board of cooperative educational services shall be\\ndistributed to the component school districts in the amounts which would\\nhave accrued to such board of cooperative educational services by reason\\nof their participation.\\n 8. Notwithstanding any other provision of this chapter, with the\\napproval of the commissioner of education, at the request of boards of\\neducation of union free school districts having a population of four\\nthousand five hundred or more and employing a superintendent of schools,\\nwhere such school districts lie within towns included in the supervisory\\ndistrict or supervisory districts comprising the territory served by a\\nboard of cooperative educational services, such union free school\\ndistricts may upon the consent of the board of cooperative educational\\nservices be included as component districts for the purposes of this\\nsection and shall have all of the rights and obligations of such\\ncomponent districts under this section. Notwithstanding any other\\nprovision of this chapter, and with the consent of the commissioner,\\nlikewise, at the request of the board of education of any city school\\ndistrict, having a population of less than one hundred twenty-five\\nthousand inhabitants, such city school district may, upon the consent of\\nthe board of cooperative educational services, be included as a\\ncomponent district for the purpose of this section and shall have all\\nthe rights and obligations of such component districts under this\\nsection.\\n 8-a. Notwithstanding any other provision of this section and with the\\nconsent of the commissioner, the city school district of the city of\\nSyracuse may, upon consent of the board of cooperative educational\\nservices for the sole supervisory district for Onondaga and Madison\\ncounties, be included as a component district for the sole purpose of\\noperating a combined program and/or constructing a combined facility for\\nthe trainable mentally retarded children in the city of Syracuse and the\\ncounty of Onondaga. Such city school district shall add an amount to its\\nbudget and levy, collect and pay the same to such board of cooperative\\neducational services to defray the proportional expenses of constructing\\nand operating such facility for such children. Such city school district\\nshall not be liable for payment of administrative expenses as provided\\nfor in paragraph b of subdivision four of this section nor shall such\\ncity school district be eligible for the payment of state aid under this\\nsection except such city school district shall receive state aid based\\non its proportionate share of building expenses related to this program\\nas determined by the commissioner.\\n Such city school district shall continue to receive aid under\\nsubdivision five of section thirty-six hundred two for the attendance of\\nchildren in this program.\\n 8-b. Notwithstanding any other provisions of this section and with the\\nconsent of the commissioner, city school districts of cities in excess\\nof one hundred twenty-five thousand inhabitants but less than one\\nmillion inhabitants, upon consent of the board of cooperative\\neducational services approved by the commissioner may be included as a\\ncomponent district of such board of cooperative educational services for\\nthe sole purpose of purchasing student information system services\\nconsistent with standards established by the commissioner from such\\nboard of cooperative educational services. Each such city school\\ndistrict shall add an amount to its budget and shall levy, collect and\\npay the costs of such program to such board of cooperative educational\\nservices to defray their portion of the expenses of such a program. Such\\ncity school district shall not be liable for payment of administrative\\nexpenses as provided for in paragraph b of subdivision four of this\\nsection nor shall such city school district be eligible for payment of\\nstate aid under this section.\\n 8-c. Notwithstanding any other provision of this section, any school\\ndistrict not a component of the board of cooperative educational\\nservices of the supervisory district serving its geographic area,\\nincluding a city school district in a city having a population in excess\\nof one hundred twenty-five thousand inhabitants, upon consent of the\\nboard of cooperative educational services and with the approval of the\\ncommissioner, may be treated in the same manner as a component school\\ndistrict of the board of cooperative educational services of the\\nsupervisory district serving its geographic area, or an adjoining board\\nof cooperative educational services in the case of a city school\\ndistrict in a city having one million inhabitants or more, for the sole\\npurpose of purchasing instructional support services, as defined by the\\ncommissioner. Each such school district shall add an amount to its\\nbudget and shall levy, collect and pay the costs of such program to such\\nboard of cooperative educational services to defray its portion of the\\nexpenses of such program, including a charge for administration not to\\nexceed the restricted indirect cost rate, provided that the board of\\ncooperative educational services shall not charge any portion of the\\nadministrative costs incurred pursuant to this subdivision to its\\ncomponent school districts. Such school districts shall not be liable\\nfor payment of administrative expenses as provided for in paragraph b of\\nsubdivision four of this section and subdivision one of section nineteen\\nhundred fifty-one of this article. In the case of city school districts\\nin a city with a population in excess of one hundred twenty-five\\nthousand inhabitants, such participation shall be in addition to the\\nparticipation authorized by subdivisions eight-a and eight-b of this\\nsection. In the case of a city school district in a city with a\\npopulation of one hundred twenty-five thousand inhabitants or more, in\\nlieu of participation as a component district of an adjoining board of\\ncooperative educational services, the city school district may opt to\\nprovide such support services as shared services directly or in\\ncollaboration with one or more institutions of higher education. The\\napproved costs of such services shall be eligible for state aid in\\naccordance with the provisions of subdivision twenty of section\\nthirty-six hundred two of this chapter, and shall not be eligible for\\naid pursuant to subdivision five of this section.\\n 9. No person shall be eligible to be elected to the office of member\\nof a board of cooperative educational services who is an employee of a\\nschool district in the supervisory district.\\n 9-a. No person shall be eligible to hold the office of member of a\\nboard of cooperative educational services who does not reside within the\\nboundaries of a component school district of any such board.\\n 10. Notwithstanding any other provisions of this chapter or of any\\nother general or special law to the contrary, if and when two or more\\nsupervisory districts shall be combined into a new supervisory district\\npursuant to the provisions of section twenty-two hundred one of this\\nchapter, as a result of which the boards of cooperative educational\\nservices for such supervisory districts shall become a single board of\\ncooperative educational services for such redistricted supervisory\\ndistrict, such single board of cooperative educational services for such\\nredistricted supervisory district shall, in such case, allocate the\\nappropriate amounts of payments required to be made to the dormitory\\nauthority for rental of facilities or otherwise to the school districts\\ncontained, respectively, in such former boards of cooperative\\neducational services for such supervisory districts, as if such boards\\ncontinued to exist in law for the sole purpose of making such payments.\\n 11. With the approval of the commissioner, one or more boards of\\ncooperative educational services and one or more school districts may\\nenter into an agreement or agreements to provide for sharing costs of\\nconstruction of or leases for facilities acquired for the purpose of\\nhousing services to be provided by a board or boards of cooperative\\neducational services for provision of which services such facilities are\\nconstructed or leased, provided, however that no new agreements for the\\nsharing of costs of construction or leases of facilities may be entered\\ninto pursuant to this subdivision on or after July first, two thousand\\nthree. No such agreement may be for a longer term than is required to\\nretire any obligations issued by one or more of the parties to such\\nagreement for the purpose of acquiring such facilities, or to pay the\\ndormitory authority in full for the acquisition of such facilities.\\n 13. a. A board of cooperative educational services and the component\\nschool districts of such board of cooperative educational services may\\nenter into an agreement providing for the acquisition from the dormitory\\nauthority of facilities designed to house services to be provided by\\nsuch board of cooperative educational services and for the sharing of\\nthe cost of such acquisition. Such agreement in addition to providing\\nfor all other matters deemed necessary and proper shall (i) set forth\\nthe cost of such acquisition which shall be the amount certified by the\\ndormitory authority as sufficient to pay the principal of, the\\nredemption premium, if any, and interest to the earliest of either the\\nmaturity date or the next redemption date on all obligations of the\\ndormitory authority issued in relation to providing such facilities,\\nincluding all incidental expenses in relation thereto, and (ii) provide\\nfor an allocation and apportionment of the cost of such acquisition\\namong the component school districts on such equitable basis as the\\nparties thereto shall determine and agree, and the proportion of the\\ntotal cost to be provided by each such district in accordance with such\\nallocation and apportionment. In those cases where construction of such\\nfacilities shall not have been completed, the amount so certified by the\\ndormitory authority shall include the amount estimated to be necessary\\nby the dormitory authority to complete such construction by it acting\\nfor and on behalf of such board of cooperative educational services;\\nprovided, however, that such agreement shall provide that such board\\nshall pay to the dormitory authority any additional amounts thereafter\\ndetermined and certified by the dormitory authority to be necessary in\\norder to complete the construction of such facilities. Existing\\ncontracts awarded by the dormitory authority for the construction of\\nsuch facilities shall not be modified, nor shall any work not covered\\nthereby be authorized, without the prior consent of an officer of such\\nboard authorized to so act by a resolution of such board. Such agreement\\nshall be executed by all the component school districts of such board of\\ncooperative educational services whose allocation of administrative\\nexpenses would include a portion of the amounts required to be paid the\\ndormitory authority for the rental of such facilities.\\n b. The acquisition of such facilities is hereby declared and\\ndetermined to be a school district purpose and an object or purpose for\\nwhich each such component school district is hereby authorized to expend\\nmoney and contract indebtedness. The period of probable usefulness of\\nsuch object or purpose is hereby determined to be thirty years. Each\\nsuch component school district is hereby authorized to finance its share\\nof the cost of the acquisition of such facilities together with costs\\nincidental to such financing, including, but not limited to legal fees,\\nprinting, engraving and publication of notices, either from any current\\nfunds legally available therefor, or by the issuance of obligations\\npursuant to the local finance law; provided, however, that (i) no\\napproval of the voters of such component school district shall be\\nrequired, (ii) the voting of a special tax or a tax to be collected in\\ninstallments shall not be a condition precedent to the adoption of a\\nbond resolution for such object or purpose, (iii) a majority vote of the\\nentire voting strength of the board of education shall be sufficient for\\nadoption of such a bond resolution, which bond resolution may be adopted\\nat a regular meeting, or a special meeting of the board of education\\ncalled on not less than twelve hours oral or written notice, which may\\nbe held either within or outside of such district, (iv) any such bond\\nresolution shall take effect immediately and shall not be subject either\\nto a mandatory or permissive referendum, and (v) no such bond resolution\\nshall be adopted prior to the execution by the board of cooperative\\neducational services and the component school districts of such board of\\ncooperative educational services of the agreement required by paragraph\\na of this subdivision.\\n c. Nothing herein contained shall be construed to permit any school\\ndistrict in a city (as defined in paragraph two-b of section 2.00 of the\\nlocal finance law) to contract indebtedness for such object or purpose\\nin excess of the limitation prescribed by paragraph b of section 104.00\\nof such law, without a compliance with the provisions of paragraph c\\nthereof. A school district, other than a school district in a city, may\\nissue bonds or bond anticipation notes for such object or purpose in\\nexcess of the limitation prescribed by paragraph d of such section\\n104.00, without complying with the requirements of subparagraphs one\\nthrough three of such paragraph. Notwithstanding any other provision of\\nlaw to the contrary, a special act school district, as defined in\\nsubdivision eight of section four thousand one of this chapter, shall\\nnot be deemed a component school district of the board of cooperative\\neducational services for purposes of this subdivision.\\n d. Upon certification by the dormitory authority of the receipt by it\\nof the amount set forth in the agreement as the cost of the acquisition\\nof such facilities, title thereto shall vest in the board of cooperative\\neducational services without any further action or deed or conveyance,\\nwhich title shall be held by the board of cooperative educational\\nservices for the benefit and on behalf of all the component school\\ndistricts of such board executing such agreement.\\n e. The validity of any obligations issued by any school district in\\naccordance with this subdivision shall not be affected or impaired by\\nany omission, defect or irregularity in any previous acts or proceedings\\nby the board of cooperative educational services, or by any of the\\ncomponent school districts of such board of cooperative educational\\nservices in relation to the authorization of such facilities or the\\nconstruction and financing thereof by the dormitory authority.\\n f. State aid on account of the acquisition of such facilities shall be\\npaid to each component school district based upon its respective debt\\nservice or share thereof paid pursuant to the agreement herein provided\\nfor, and upon its respective aid ratio.\\n g. Notwithstanding any provision of law, the dormitory authority, any\\nboard of cooperative educational services and any component school\\ndistrict thereof, are all hereby authorized and empowered to perform any\\nand all acts and to enter into any and all agreements necessary or\\ndesirable to effectuate the purposes of this subdivision.\\n 14. a. All provisions of this subdivision shall be applicable only if\\nany agreement or agreements referred to herein shall be entered into by\\na board of cooperative educational services and all of the component\\nschool districts of the board of cooperative educational services. A\\nboard of cooperative educational services and the component school\\ndistricts of such board of cooperative educational services may enter\\ninto an agreement providing for the acquisition or construction,\\nincluding new construction, additions or reconstruction of facilities\\ndesigned to house services to be provided by such board of cooperative\\neducational services and for the sharing of the cost of such acquisition\\nor construction. Such agreement in addition to providing for all other\\nmatters deemed necessary and proper shall (i) set forth the cost of such\\nacquisition or construction and costs incidental thereto and (ii)\\nprovide for an allocation and apportionment of the costs of such\\nacquisition or construction among the component school districts on such\\nequitable basis as the parties thereto shall determine and agree, and\\nthe proportion of the total cost to be provided by each such district in\\naccordance with such allocation and apportionment. Such agreement shall\\nbe executed by all the component school districts of such board of\\ncooperative educational services and such board of cooperative\\neducational services. Such agreement may provide that each component\\nschool district of such a board of cooperative educational services\\nshall issue an agreed upon amount of its obligations in a total amount\\nsufficient to acquire or construct such facilities, or that all\\ncomponent districts of such board shall together issue joint obligations\\npledging the full faith and credit for all component districts jointly\\nand that each such district shall pay a specified share of annual debt\\nservice on such joint obligations in accordance with the provisions of\\narticle five-g of the general municipal law and applicable provisions of\\nthe local finance law.\\n b. The acquisition or construction of such facilities is hereby\\ndeclared and determined to be a public purpose and a school district\\npurpose and a specific object or purpose for which each such component\\nschool district is hereby authorized to expend money and contract\\nindebtedness. The period of probable usefulness of such specific object\\nor purpose is hereby determined to be thirty years. Each such component\\nschool district is hereby authorized to finance its share of the cost of\\nthe acquisition or construction of such facilities, together with costs\\nincidental thereto, either from any current funds legally available\\ntherefor or by the issuance of obligations pursuant to the local finance\\nlaw; provided, however, that (i) no approval of the voters of such\\ncomponent school district shall be required, (ii) the voting of a\\nspecial tax or a tax to be collected in installments shall not be a\\ncondition precedent to the adoption of a bond resolution for such\\nspecific object or purpose, (iii) a majority vote of the entire voting\\nstrength of the board of education shall be sufficient for adoption of\\nsuch a bond resolution, which bond resolution may be adopted at a\\nregular meeting, or a special meeting of the board of education called\\non not less than twenty-four hours oral or written notice to the members\\nof such board as provided in section sixteen hundred six of the\\neducation law, which meeting may be held either within or outside of\\nsuch district, (iv) any such bond resolution shall take effect\\nimmediately and shall not be subject to either a mandatory or permissive\\nreferendum, and (v) no such bond resolution shall be adopted prior to\\nthe execution by the board of cooperative educational services and all\\nof the component school districts of such board of cooperative\\neducational services of the agreement required by paragraph a of this\\nsubdivision.\\n c. No further approval of the voters of such board of cooperative\\neducational services or any component district thereof shall be required\\nother than that required by paragraph t of subdivision four of this\\nsection.\\n d. Such agreement shall further provide that title to the facility\\nshall vest in the board of cooperative educational services which title\\nshall be held by the board of cooperative educational services for the\\nbenefit and on behalf of all the component school districts of such\\nboard executing such agreement.\\n e. Nothing herein contained shall be construed to permit any school\\ndistrict in a city (as defined in paragraph two-b of section 2.00 of the\\nlocal finance law) to contract indebtedness for such specific object or\\npurpose in excess of the limitation prescribed by paragraph b of section\\n104.00 of such law, without complying with the provisions of paragraph c\\nthereof. A school district, other than a school district in a city, may\\nnot issue bonds or bond anticipation notes for such specific object or\\npurpose in excess of the limitation prescribed by paragraph d of such\\nsection 104.00, without complying with the requirements of subparagraphs\\none through three of such paragraph. Notwithstanding any other provision\\nof law to the contrary, a special act school district, as defined in\\nsubdivision eight of section four thousand one of this chapter, shall\\nnot be deemed a component school district of the board of cooperative\\neducational services for purposes of this subdivision.\\n f. State aid on account of the acquisition or construction of such\\nfacilities shall be paid to each component school district based upon\\nits respective debt service or share thereof paid pursuant to the\\nagreement herein provided for, and upon its respective aid ratio. Any\\nsuch computation of state aid shall further be based upon the cost of\\nsuch acquisition, or construction, and including incidental costs, to\\nthe board of cooperative educational services but not to exceed the cost\\nallowance set forth in subdivision six of section thirty-six hundred two\\nof this chapter.\\n 18. Accountability of personal property. On or before January first,\\nnineteen hundred ninety-seven, each board of cooperative educational\\nservices shall develop and adopt a formal policy on personal property\\naccountability, including the acquisition, sale and disposal of personal\\nproperty. Such policy shall be approved by the commissioner consistent\\nwith regulations adopted for such purpose, which shall include but not\\nbe limited to (a) procedures for the acquisition of personal property\\nboth by purchase and by gift, (b) procedures for the periodic inventory\\nof personal property, and (c) procedures for the sale of valuable\\npersonal property to the highest bidder, except however that vehicles\\nreceived at no cost for use in an authorized welfare to work program may\\nbe transferred at no cost or at cost of repairs, where repairs have been\\nmade to the vehicle at the board of cooperative education services, to\\nparticipants who have met all the program requirements. Each such board\\nshall periodically review and update such policy, provided that any\\namendments of the policy shall be subject to approval of the\\ncommissioner.\\n 19. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1951", "title" : "Budget of board of cooperative educational services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-13", "2017-08-18", "2021-04-30", "2022-04-01", "2023-04-14", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "1951", "activeDate" : "2014-09-22", "sequenceNo" : 788, "repealedDate" : null, "fromSection" : "1951", "toSection" : "1951", "text" : " § 1951. Budget of board of cooperative educational services. 1. The\\nfinal administrative and capital budgets of the board of cooperative\\neducational services as adopted shall be a charge against all of the\\nschool districts contained in the board of cooperative educational\\nservices, provided, however, that any component school district which\\ndoes not elect to participate in any specific educational service\\nauthorized to be furnished by the board of cooperative educational\\nservices shall not be required to pay any share of the moneys provided\\nin the program budget as salaries of teachers or other personnel\\nemployed in providing such service, for equipment and supplies for such\\nservice or for transportation of pupils to and from the place where such\\nservice is maintained, provided, however, expenditures for the board of\\ncooperative educational services program, including office and central\\nadministrative expenses, traveling expenses and salaries and benefits of\\nsupervisors and all other central administrative personnel necessary to\\ncarry out its program shall be deemed administrative expenses which\\nshall be a charge upon all component school districts notwithstanding\\nthe fact that such a component school district elects to not participate\\nin any specific program offered by the board of cooperative educational\\nservices. Each school district's proportionate share of administrative\\nand capital expenses shall be determined in accordance with subparagraph\\nseven of paragraph b of subdivision four of section nineteen hundred\\nfifty of this article. The board shall allocate the cost of other\\nservices to participating component school districts in accordance with\\nterms agreed upon between such board and the boards of education and\\ntrustees of each component school district using the local uniform unit\\ncost of each such service, based on (i) anticipated participation in the\\nensuing school year, or (ii) participation in the current year, or (iii)\\na two or three year average including participation in the current year,\\nwhich unit cost shall be the same for all participating component school\\ndistricts and shall be computed in accordance with a uniform methodology\\napproved annually by at least three-quarters of the participating\\ncomponent school districts after consultation by local school officials\\nwith their respective boards; provided, however, such unit cost shall be\\nsubject to final adjustment for programs for students with disabilities\\nbased on actual participation in accordance with regulations of the\\ncommissioner. The school authorities of each school district in the\\nboard of cooperative educational services shall add such amount to the\\nbudget of such school district and shall pay such amount to the\\ntreasurer of the board of cooperative educational services, and shall be\\npaid out by the treasurer upon orders of the board issued and executed\\npursuant to the resolution of said board.\\n 2. a. If the board of cooperative educational services determines to\\nsubmit a proposition to authorize the purchase or acquisition of sites\\nor additions thereto and real property and to construct buildings\\nthereon and to purchase buildings and construct additions thereto, or to\\nauthorize the sale of any real property the title to which is vested in\\nthe board of cooperative educational services and buildings thereon and\\nappurtenances or any part thereof, or to authorize the exchange of real\\nproperty held by the board of cooperative educational services for the\\npurpose of improving or changing school sites, to the qualified voters\\nof the board of cooperative educational services, then the board shall\\ncall a meeting and submit to the qualified voters of the board of\\ncooperative educational services such a proposition. The board shall\\ncause a notice of such meeting to be given by public notice of the time\\nand place of such meeting once in each week within the four weeks next\\npreceding such meeting, the first publication to be at least twenty-five\\ndays before said meeting, in two newspapers if there shall be two, or in\\none newspaper if there shall be but one, having general circulation\\nwithin the board of cooperative educational services, but if no\\nnewspaper shall then have general circulation therein, the said notice\\nshall be posted in at least twenty of the most public places in said\\nboard of cooperative educational services twenty-five days before the\\ntime of such meeting. Such notice shall contain a statement of the\\nproposition or propositions to be submitted at such meeting.\\n b. Such notice and all other notices and reports required to be\\npublished in newspapers under the provisions of this chapter shall be\\nprinted at the rates and for the fees prescribed in section eight\\nthousand seven of the civil practice law and rules. In the event that\\nthe publishers of one or both of the newspapers having general\\ncirculation in such district shall refuse to print and publish the\\nnotices or reports at the rates and for the fees so prescribed,\\npublication in such newspaper or newspapers so refusing may be omitted,\\nin which case the notices or reports shall be posted as required by this\\nsection in lieu of such publication.\\n c. A person shall be entitled to vote at any meeting of the voters of\\nthe board of cooperative educational services who is:\\n (1) A citizen of the United States.\\n (2) Eighteen years of age.\\n (3) A resident within the board of cooperative educational services\\nfor a period of thirty days next preceding the meeting at which he\\noffers to vote.\\n No person shall be deemed to be ineligible to vote at any such\\nmeeting, by reason of sex, who has the other qualifications required by\\nthis paragraph.\\n d. If a person offering to vote at any meeting of the voters of the\\nboard of cooperative educational services shall be challenged as\\nunqualified by any legal voter of such board at such meeting, the\\nchairman presiding at such meeting shall require the person so offering\\nto make the following declaration: \"I do declare and affirm that I am,\\nand have been, for the thirty days last past, an actual resident of this\\nboard of cooperative educational services and that I am qualified to\\nvote at this meeting.\" Every person making such declaration shall be\\npermitted to vote on all questions proposed at such meeting; but if any\\nperson shall refuse to make such declaration his vote shall be rejected.\\n e. A person who shall wilfully make a false declaration of his right\\nto vote at a meeting of the voters of a board of cooperative educational\\nservices after his right to vote thereat has been challenged, shall be\\ndeemed guilty of a misdemeanor. Any person not qualified to vote at such\\nmeeting, who shall vote thereat, shall thereby forfeit ten dollars, to\\nbe sued for by the supervisor for the benefit of the board.\\n f. In all propositions arising at said meeting, the vote thereon shall\\nbe by ballot.\\n * g. If the board of cooperative educational services shall so\\ndetermine, voting machines, including lever voting machines, may be used\\nfor recording the vote at such meeting. Before any such machine is used\\nat any such meeting, the inspectors of election shall examine it and see\\nthat all the counters are set at zero (000) and that the ballot labels\\nare properly placed, and that the machine is in all respects in proper\\ncondition for use. The use of such machine shall be deemed a compliance\\nwith any provision of law requiring the vote to be by ballot. The board\\nof cooperative educational services may purchase the necessary voting\\nmachine or machines; or if the county board of elections shall consent\\nthereto, such machines belonging to the county or belonging to the town\\nin which any part of said board of cooperative educational services\\nshall be located may be used at any such meeting, the expense of\\ndelivery and returning and setting up, and any other expense connected\\ntherewith shall be defrayed by the board of cooperative educational\\nservices; but such machines belonging to the county shall not be so used\\nat the time or times when they may be required under the election law.\\nNothing in this subdivision shall be construed to require the board of\\nelections to maintain the care, custody or control of lever voting\\nmachines.\\n * NB Effective until December 31, 2015\\n * g. If the board of cooperative educational services shall so\\ndetermine, voting machines may be used for recording the vote at such\\nmeeting. Before any such machine is used at any such meeting, the\\ninspectors of election shall examine it and see that all the counters\\nare set at zero (000) and that the ballot labels are properly placed,\\nand that the machine is in all respects in proper condition for use. The\\nuse of such machine shall be deemed a compliance with any provision of\\nlaw requiring the vote to be by ballot. The board of cooperative\\neducational services may purchase the necessary voting machine or\\nmachines; or if the county board of elections shall consent thereto,\\nsuch machines belonging to the county or belonging to the town in which\\nany part of said board of cooperative educational services shall be\\nlocated may be used at any such meeting, the expense of delivery and\\nreturning and setting up, and any other expense connected therewith\\nshall be defrayed by the board of cooperative educational services; but\\nsuch machines belonging to the county shall not be so used at the time\\nor times when they may be required under the election law.\\n * NB Effective December 31, 2015\\n h. The board of cooperative educational services shall appoint a\\nqualified voter of the board of cooperative educational services as the\\nchairman of any such meeting. The clerk of the board of cooperative\\neducational services shall give written notice of appointment to the\\nperson so appointed. If the person appointed as chairman refuses to\\naccept such appointment, or fails to serve, the board of cooperative\\neducational services may appoint a qualified voter of the board of\\ncooperative educational services to fill the vacancy. The meeting shall\\nbe called to order by the chairman.\\n i. If the clerk of the board of cooperative educational services shall\\nnot be present, the board may appoint a qualified voter of the board of\\ncooperative educational services to act as clerk of the meeting. The\\nboard shall appoint qualified voters of the board of cooperative\\neducational services as assistant clerks of the meeting. The clerk of\\nthe board of cooperative educational services shall give a written\\nnotice of appointment to the persons so appointed as assistant clerks.\\nIf a person appointed as assistant clerk refuses to accept such\\nappointment, or fails to serve, the board may appoint a qualified voter\\nof the board of cooperative educational services to fill the vacancy.\\nEach assistant clerk shall be entitled to compensation at a rate to be\\nfixed by the board for each day actually and necessarily spent upon the\\nduties of his office. The clerk and assistant clerk or clerks of the\\nmeeting shall keep an accurate and true written record of all\\nproceedings of the meeting and shall file such written record with the\\nclerk of the board of cooperative educational services within\\ntwenty-four hours after the meeting.\\n j. The board shall appoint two qualified voters of the board of\\ncooperative educational services for each ballot box to be used to act\\nas inspectors of election at such meeting. The clerk of the board of\\ncooperative educational services shall give written notice of\\nappointment to the persons so appointed. If a person appointed as\\ninspector of election refuses to accept such appointment, or fails to\\nserve, the board may appoint a qualified voter of the board of\\ncooperative educational services to fill the vacancy. Additional\\ninspectors of election may be appointed in the same manner when, in the\\nopinion of the board, special circumstances exist requiring the services\\nof such additional inspectors. The inspectors of election shall, before\\nthe polls are opened, organize by naming one of their number as chief\\ninspector of election. Each inspector of election shall be entitled to\\ncompensation at a rate to be fixed by the board for each day actually\\nand necessarily spent upon the duties of his office.\\n k. A poll list containing the name and legal residence of every person\\nwhose vote shall be received shall be kept by the clerk and assistant\\nclerk or clerks of the meeting.\\n l. The board shall at the expense of the board of cooperative\\neducational services provide a suitable box or boxes in which the\\nballots, folded so as to conceal the marking thereon, shall be deposited\\nas they are received, and shall in like manner provide a voting booth or\\nbooths and the voters shall be required to enter such booth or booths\\nfor the purpose of marking their ballots.\\n m. The board shall cause printed ballots to be prepared, setting forth\\nthe proposition or propositions to be voted upon, in the form applicable\\nto the submission of a proposition to the meeting of a union free school\\ndistrict.\\n n. All qualified voters entitled to vote who are in the place where\\nthe meeting is held at or before the time of closing the polls shall be\\nallowed to vote.\\n o. Immediately upon the close of the polls the inspectors of election\\nshall canvass the ballots in the same manner as ballots are canvassed at\\na meeting of a union free school district. The chairman of the meeting\\nshall declare to the meeting the result of each ballot as announced to\\nhim by the inspectors of election, and those propositions receiving a\\nmajority of the votes of the voters present and voting shall be deemed\\napproved.\\n p. The meeting of the voters of the board of cooperative educational\\nservices shall be conducted in the same manner as a meeting of the\\nvoters of a union free school district.\\n q. If the board shall so determine it may cause the board of\\ncooperative educational services to be divided into election districts\\nprovided that in each such election district the number of qualified\\nvoters shall at least equal seven hundred. If such resolution be adopted\\nit shall divide the board of cooperative educational services into such\\nnumber of election districts as the board may determine, provided that\\nif circumstances will permit there shall be a schoolhouse in each\\nelection district or in as many such election districts as possible. The\\nelection districts so formed shall continue in existence until modified\\nby resolution of the board. Such resolution shall accurately describe\\nthe boundaries of each such district by street, alley and highway or\\notherwise. Meetings of the voters of the board of cooperative\\neducational services shall be held thereafter in such election\\ndistricts. The board shall designate the place within each election\\ndistrict where the meetings shall be held. When the board of cooperative\\neducational services is divided into election districts, the board shall\\ncause the meeting to be held in each election district pursuant to the\\nprovisions of this subdivision and shall appoint a chairman of the\\nmeeting, clerks and assistant clerks of the meeting and inspectors of\\nelection for each election district. The board shall designate the\\nelection district in which the clerk of the board of cooperative\\neducational services shall be present. Where the board of cooperative\\neducational services has been divided into election districts, the\\ninspectors of election shall make a written report of the results of the\\nballot, signed by all such inspectors, to the chief inspector of\\nelection of each election district. The chief inspector of election of\\neach election district shall within twenty-four hours file such written\\nreport with the clerk of the board of cooperative educational services.\\nThe board shall thereupon within twenty-four hours tabulate and declare\\nthe results of the ballot.\\n r. All disputes concerning the validity of any meeting of the voters\\nof a board of cooperative educational services or of any of the acts of\\nthe officers of such meeting shall be referred to the commissioner of\\neducation for determination and his decisions in the matter shall be\\nfinal and not subject to review. The commissioner may in his discretion\\norder a new meeting.\\n s. The board of cooperative educational services shall provide\\nabsentee ballots to qualified voters. The commissioner shall adopt\\nregulations for the purposes of implementing the provisions of this\\nparagraph which shall include, but not be limited to, creating the\\nprocedure for which such absentee ballots shall be submitted; providing\\nthat such absentee ballots shall be, as nearly as practicable, in the\\nsame form as those voted at the district election; requiring that any\\nabsentee ballot applicant is or will be, on the day of the vote, a\\nqualified voter of the board of cooperative educational services and\\nthat he or she will be on such date over eighteen years of age, a\\ncitizen of the United States and has or will have resided in said\\ndistrict for thirty days next preceding such date; and providing\\ninstructions as to the proper marking thereof.\\n 3. a. For the nineteen hundred ninety-seven--ninety-eight school year\\nand thereafter, the commissioner shall prescribe, in consultation with\\nthe comptroller of the state of New York and within the general taxonomy\\nof accounts established by the comptroller pursuant to section\\nthirty-six of the general municipal law, a uniform and specific taxonomy\\nfor service programs and activities of boards of cooperative educational\\nservices. In developing such prescribed taxonomy, the commissioner shall\\nconsider the recommendations of an advisory panel of district\\nsuperintendents of schools or their representatives as appointed by the\\ncommissioner for such purpose.\\n b. In developing and adopting a budget for the nineteen hundred\\nninety-seven--ninety-eight school year pursuant to this article, each\\nboard of cooperative educational services may use the same locally\\nselected specific taxonomy for service programs and activities as used\\nfor the nineteen hundred ninety-six--ninety-seven school year within the\\ngeneral taxonomy of accounts established by the comptroller pursuant to\\nsection thirty-six of the general municipal law, provided that all such\\naccounts shall be converted to the uniform and specific taxonomy\\nprescribed by the commissioner pursuant to paragraph a of this\\nsubdivision by October first, nineteen hundred ninety-seven and provided\\nthat copies of the approved program, capital and administrative budgets\\nas converted to such uniform and specific taxonomy shall be submitted to\\nthe commissioner on or before October first, nineteen hundred\\nninety-seven.\\n c. In developing and adopting a budget pursuant to this article for\\nthe nineteen hundred ninety-eight--ninety-nine school year and\\nthereafter, each board of cooperative educational services shall use the\\nuniform and specific taxonomy for service programs and activities\\nprescribed by the commissioner pursuant to paragraph a of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1952", "title" : "Technologies network ties program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1952", "activeDate" : "2014-09-22", "sequenceNo" : 789, "repealedDate" : null, "fromSection" : "1952", "toSection" : "1952", "text" : " § 1952. Technologies network ties program. 1. There is hereby\\nestablished a model technologies network ties program to pilot\\ninnovative uses of technology for interactive instruction and\\nadministrative purposes, in order to determine the feasibility of\\ndeveloping a statewide technologies network ties program.\\n 2. The commissioner shall develop a plan, subject to the approval of\\nthe director of the budget, for the allocation of such funds as may be\\nmade available for this program, including competitive grants to school\\ndistricts and boards of cooperative educational services for interactive\\ninstruction. Such plan shall include a listing of the school districts,\\nboards of cooperative educational services and library network systems\\nselected to take part in the pilot program.\\n 3. Objectives of the program shall include the development of a\\nnetwork consisting of a structure which will electronically link all\\nparticipating agencies and allow for the transfer of administrative and\\ninstructional data between and among the participating sites. The\\ncommissioner, in consultation with appropriate consultants and\\nrepresentatives of participating districts and boards of cooperative\\neducational services, will be responsible for determining the\\nappropriate communication standards and protocols for the selection of\\nhardware and software to be used in all facets of the project.\\n 4. The commissioner shall adopt regulations to implement the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A40-A", "title" : "Shared Personnel", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "40-A", "activeDate" : "2014-09-22", "sequenceNo" : 790, "repealedDate" : null, "fromSection" : "1980", "toSection" : "1981", "text" : " ARTICLE 40-A\\n SHARED PERSONNEL\\nSection 1980. Definitions.\\n 1981. Shared personnel between school districts.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1980", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1980", "activeDate" : "2014-09-22", "sequenceNo" : 791, "repealedDate" : null, "fromSection" : "1980", "toSection" : "1980", "text" : " § 1980. Definitions. When used in this article, the following terms\\nshall mean:\\n 1. The term \"board of education\" shall mean the trustee, trustees or\\nboard of education of any common, union free, central, central high or\\ncity school district, or a board of cooperative educational services.\\n 2. The term \"school district\" shall mean any common, union free,\\ncentral, central high or city school district, or a board of cooperative\\neducational services.\\n 3. The term \"district superintendent\" shall mean the chief\\nadministrative officer of a supervisory district as defined in article\\nforty-five of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "1981", "title" : "Shared personnel between school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1981", "activeDate" : "2014-09-22", "sequenceNo" : 792, "repealedDate" : null, "fromSection" : "1981", "toSection" : "1981", "text" : " § 1981. Shared personnel between school districts. 1. Notwithstanding\\nany other provision of law, school authorities of any school district\\nmay arrange to share the services of a superintendent, associate\\nsuperintendent, assistant superintendent or any other employee with\\ndistrictwide administrative or supervisory responsibilities with one or\\nmore other school districts.\\n 2. a. Any such shared personnel who are not in a position for which\\ntenure may be granted pursuant to this chapter shall be considered to be\\nemployed by all participating school districts. Any decisions regarding\\nthe appointment or compensation of such shared personnel shall be made\\nwith the consent of a majority of each of the boards of education of\\neach participating school district. Compensation and benefits of such\\nshared personnel shall be provided by each participating school\\ndistrict, based on an agreed-upon formula.\\n b. Each agreement to share personnel who are in a position for which\\ntenure may be granted pursuant to this chapter shall designate a\\nparticipating district as the principal employing district. Any such\\nshared personnel shall be considered to be employed by the principal\\nemploying district; provided that any decisions regarding the\\nprobationary appointment and compensation package of such shared\\npersonnel shall be made with the consent of a majority of each of the\\nboards of education of each participating district. Decisions regarding\\nthe termination, discipline or tenure of such shared personnel shall be\\nmade by the principal employing district in consultation with all other\\nparticipating districts, and services rendered by such shared personnel\\nunder such agreement in any other participating district shall be deemed\\nto have been rendered in the principal employing district for all\\npurposes under this chapter, including tenure credit, seniority and\\ndiscipline.\\n (i) The agreement to share personnel shall allow other participating\\ndistricts to be substituted as the principal employing district.\\nNotwithstanding any other provision of law, upon substitution of a new\\nprincipal employing district, the shared employee shall be considered an\\nemployee of the new principal employing district with the same tenure\\nstatus he or she maintained in such prior principal employing district.\\nFor any such shared employee for salary, sick leave and any other\\npurposes, the length of service credited in such prior principal\\nemploying district shall be credited as employment time with such new\\nprincipal employing district.\\n (ii) Where the principal employing district abolishes the position of\\na shared employee and creates a new position for the performance of\\nsimilar duties, in determining the right of the employee under\\nsubdivision one of section three thousand thirteen or subdivision one of\\nsection twenty-five hundred ten to appointment to such new position, the\\nnew position shall be deemed similar if more than forty percent of the\\nfunctions of the new position were performed by the shared employee in\\nthe shared position.\\n (iii) Where a participating district other than the principal\\nemploying district determines to discontinue the services of a shared\\nemployee pursuant to the terms of the agreement to share personnel, the\\nemployee shall retain his or her tenure rights in the principal\\nemploying district only.\\n 3. School authorities of any school district sharing personnel\\npursuant to this section shall retain the right to promulgate\\neducational or administrative policies pertaining to their respective\\nschool district pursuant to law, rule or regulation.\\n 4. All agreements to share personnel pursuant to this section shall be\\nsubject to the approval and oversight of the district superintendent, if\\nany, or by the commissioner or his designee if there is no local\\ndistrict superintendent.\\n 5. The commissioner may promulgate rules and regulations to implement\\nthe provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A41", "title" : "District Meetings", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "41", "activeDate" : "2014-09-22", "sequenceNo" : 793, "repealedDate" : null, "fromSection" : "2001", "toSection" : "2054", "text" : " ARTICLE 41\\n DISTRICT MEETINGS\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A41P1", "title" : "General Provisions", "docType" : "PART", "publishedDates" : [ "2014-09-22", "2018-04-27", "2019-11-15", "2023-09-22", "2024-05-03", "2024-05-31", "2025-11-28" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 794, "repealedDate" : null, "fromSection" : "2001", "toSection" : "2038", "text" : " PART I\\n GENERAL PROVISIONS\\nSection 2001. Notice of first meeting of district.\\n 2002. Time and place of annual meeting.\\n 2003. Notice of annual meeting in common school district.\\n 2004. Notice of annual meeting in union free school district.\\n 2005. Special meeting to transact business of annual meeting.\\n 2006. Special meeting in common school district.\\n 2007. Special meeting in union free school district.\\n 2008. Call of special district meeting by district\\n superintendent.\\n 2009. Additional requirements of notice where tax to be\\n authorized to be levied in installments.\\n 2010. Effect of want of due notice of district meetings.\\n 2011. Duty to attend district meetings.\\n 2012. Qualifications of voters at district meetings.\\n 2014. Registration of voters.\\n 2015. Register to be filed; addition to and correction of\\n register; challenges.\\n 2016. Review of registration procedure by supreme court or\\n county judge.\\n 2017. Division of union free school district into election\\n districts.\\n 2018. Nomination of candidates for the office of member of the\\n board of education in all union free school districts\\n or for the office of member of the board of trustees\\n in all common school districts which have elected to\\n vote for trustees at a time or place separate from the\\n annual meeting.\\n 2018-a. Absentee ballots for school district elections.\\n 2018-b. Absentee ballots for school district elections by poll\\n registration.\\n 2018-c. Additional voting procedures.\\n 2019. Declaration in case of challenge of voter.\\n 2019-a. Voting by persons whose names are not in the\\n registration poll ledgers.\\n 2020. Penalty for false declaration or unauthorized vote.\\n 2021. Powers of voters.\\n 2022. Vote on school district budgets and on the election of\\n school district trustees and board of education\\n members.\\n 2023. Levy of tax for certain purposes without vote;\\n contingency budget.\\n 2023-a. Limitations upon school district tax levies.\\n 2023-b. Certification of compliance with property tax freeze\\n requirements.\\n 2024. Reference to commissioner of education.\\n 2025. Procedures at school district meetings.\\n 2029. Poll list.\\n 2030. Ballot box; voting booth.\\n 2031. Election of officers.\\n 2031-a. Electioneering within one hundred feet of polling place\\n prohibited; distance markers.\\n 2032. Ballots for election of school district officers.\\n 2033. Voting after closing of polls.\\n 2034. Canvass of votes; declaration of result.\\n 2035. Use of voting machines at school district meetings or\\n elections.\\n 2036. Effect of failure to appoint or elect qualified voters\\n as district meeting or election officials.\\n 2037. Determination of meeting or election disputes.\\n 2038. Application of article.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2001", "title" : "Notice of first meeting of district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2001", "activeDate" : "2014-09-22", "sequenceNo" : 795, "repealedDate" : null, "fromSection" : "2001", "toSection" : "2001", "text" : " § 2001. Notice of first meeting of district. 1. Whenever any school\\ndistrict shall be formed, or two or more common school districts are\\nconsolidated as provided in section fifteen hundred twelve, the district\\nsuperintendent of schools, or any one or more of such district\\nsuperintendents within whose districts it may be, shall prepare a notice\\ndescribing such district and appointing a time and place for the first\\ndistrict meeting, and deliver such notice to a taxable inhabitant of the\\ndistrict.\\n 2. It shall be the duty of such inhabitant to notify every other\\ninhabitant of the district qualified to vote at the meeting, by\\ndelivering to him a copy of the notice of such meeting, or in case of\\nhis absence from home, by leaving a copy thereof, or so much thereof as\\nrelates to the time, place and object of the meeting, at the place of\\nhis abode, at least six days before the time of the meeting.\\n 3. In case such meeting shall not be held, and in the opinion of the\\ndistrict superintendent or superintendents it shall be necessary to hold\\nsuch meeting before the time herein fixed for the first annual meeting,\\nhe shall deliver another such notice to a taxable inhabitant of the\\ndistrict, who shall serve it as provided in subdivision two of this\\nsection.\\n 4. Every taxable inhabitant, to whom a notice of any district meeting\\nshall be delivered for service pursuant to any provision of part one of\\nthis article, who shall refuse or neglect to serve the same, shall\\nforfeit five dollars to be sued for by the supervisor for the benefit of\\nthe district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2002", "title" : "Time and place of annual meeting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-20", "2025-03-14" ], "docLevelId" : "2002", "activeDate" : "2014-09-22", "sequenceNo" : 796, "repealedDate" : null, "fromSection" : "2002", "toSection" : "2002", "text" : " § 2002. Time and place of annual meeting. 1. The annual meeting and\\nelection of each school district shall be held on the third Tuesday of\\nMay in each year, provided, however that such annual meeting and\\nelection shall be held on the second Tuesday in May if the commissioner\\nat the request of a local school board certifies no later than March\\nfirst that such election would conflict with religious observances.\\nUnless the hour and place thereof shall have been fixed by a vote of a\\nprevious district meeting, the same shall be held in the schoolhouse at\\nseven-thirty o'clock in the evening in the case of a school district\\nthat is not divided into election districts and conducts its election or\\nvote by recording the ayes or noes of the qualified voters attending,\\nor, in the case of all other districts, during at least six consecutive\\nhours after six a.m., two of which hours shall be after six p.m. as\\ndetermined by resolution of the trustees or board of education,\\nprovided, however, that the trustees or board of education of any school\\ndistrict that conducted its annual meeting at seven-thirty p.m. in\\nnineteen hundred ninety-seven may conduct its annual election and budget\\nvote at such time in nineteen hundred ninety-eight. If a district\\npossesses more than one schoolhouse, it shall be held in the one usually\\nemployed for that purpose, unless the trustees or board of education\\ndesignate another, provided that if the school district is divided into\\nelection districts such annual meeting and election shall be held at\\nsuch place in each election district as the board of education may\\ndesignate. If the district possesses no schoolhouse, or if the\\nschoolhouse shall not be accessible or adequate, then the annual meeting\\nand election shall be held at such place as the trustees or board of\\neducation, or the clerk, shall designate in the notice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2003", "title" : "Notice of annual meeting in common school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2003", "activeDate" : "2014-09-22", "sequenceNo" : 797, "repealedDate" : null, "fromSection" : "2003", "toSection" : "2003", "text" : " § 2003. Notice of annual meeting in common school district. 1. The\\ndistrict clerk of each common school district shall give notice of the\\navailability of the statement of expenditures pursuant to the provisions\\nof section sixteen hundred eight of this chapter and shall also give\\nnotice of the time and place of the annual meeting by publishing a\\nnotice four times within the seven weeks next preceding such annual\\nmeeting, the first publication to be at least forty-five days before\\nsaid meeting, in two newspapers if there shall be two, or in one\\nnewspaper if there shall be but one, having general circulation within\\nsuch district. But if no newspaper shall then have general circulation\\ntherein, the said notice shall be posted in at least twenty of the most\\npublic places in said district forty-five days before the time of such\\nmeeting.\\n 2. Such notice shall also state that petitions nominating candidates\\nfor the office of member of the board of trustees must be filed with the\\nclerk of the district between the hours of nine a.m. and five p.m., not\\nlater than the thirtieth day preceding the school meeting or election at\\nwhich the candidates so nominated are to be elected.\\n 3. Such notice and all other notices and reports required to be\\npublished in newspapers under the provisions of this chapter shall be\\nprinted at the rates and for the fees prescribed in the civil practice\\nlaw and rules. In the event that the publishers of one or both of the\\nnewspapers having general circulation in such district shall refuse to\\nprint and publish the notices or reports at the rates and for the fees\\nso prescribed, publication in such newspaper or newspapers so refusing\\nmay be omitted, in which case the notices or reports shall be posted as\\nrequired by this section in lieu of such publication.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2004", "title" : "Notice of annual meeting in union free school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "2004", "activeDate" : "2014-09-22", "sequenceNo" : 798, "repealedDate" : null, "fromSection" : "2004", "toSection" : "2004", "text" : " § 2004. Notice of annual meeting in union free school district. 1.\\nThe clerk of each union free school district shall give notice of the\\navailability of the statement of expenditures pursuant to the provisions\\nof section seventeen hundred sixteen of this chapter and shall also give\\nnotice of the time and place of the annual meeting and the notice\\nrequired by section seventeen hundred sixteen of this chapter by\\npublishing a notice four times within the seven weeks next preceding\\nsuch district meeting, the first publication to be at least forty-five\\ndays before said meeting, in two newspapers if there shall be two, or in\\none newspaper if there shall be but one, having general circulation\\nwithin such district. But if no newspaper shall then have general\\ncirculation therein, the said notice shall be posted in at least twenty\\nof the most public places in said district forty-five days before the\\ntime of such meeting.\\n 2. Such notice shall also state that petitions nominating candidates\\nfor the office of member of the board of education must be filed in the\\noffice of the clerk of the district between the hours of nine a.m. and\\nfive p.m., not later than the thirtieth day preceding the school meeting\\nor election at which the candidates so nominated are to be elected.\\n 5. If the district has personal registration of voters pursuant to\\nsection two thousand fourteen of this chapter, and has not been divided\\ninto election districts pursuant to section two thousand seventeen of\\nthis chapter, such notice shall also state:\\n a. the place and hour or hours at which the board of registration\\nshall meet to prepare the register of the school district and any person\\nshall be entitled to have his name placed upon such register, provided\\nthat at such meeting of the board of registration, he is known or proven\\nto the satisfaction of such board of registration, to be then or\\nthereafter entitled to vote at the school meeting or election for which\\nsuch register is prepared,\\n b. that the register prepared pursuant to section two thousand\\nfourteen of this chapter will be filed in the office of the clerk of the\\ndistrict; that such register will be open for inspection by any\\nqualified voter of the district and the hours during which such register\\nwill be open for inspection on each of the five days prior to and the\\nday set for the meeting or election, except Sundays.\\n 6. If the district has been divided into election districts pursuant\\nto section two thousand seventeen of this chapter, such notice shall\\nalso state:\\n a. the place and hour or hours in each election district at which the\\nmembers of the board of registration shall meet to prepare the register\\nof the school district for each election district and any person shall\\nbe entitled to have his name placed upon such register, provided that at\\nsuch meeting of the members of the board of registration he is known or\\nproven to the satisfaction of such members to be then or thereafter\\nentitled to vote at the school meeting or election for which such\\nregister is prepared,\\n b. the place in each election district where the meeting or election\\nshall be held,\\n c. that the register prepared pursuant to section two thousand\\nfourteen of this chapter will be filed in the office of the clerk of the\\ndistrict; that such register will be open for inspection by any\\nqualified voter of the district and the hours during which such register\\nwill be open for inspection on each of the five days prior to and the\\nday set for the meeting or election, except Sundays,\\n d. if the district is divided into election districts and voting\\nmachines are used, that a statement of estimated expenses for the\\nensuing year will be completed and copies made available at each\\nschoolhouse in the district in which school is maintained during certain\\ndesignated hours on each day other than a Saturday, Sunday or holiday\\nduring the fourteen days immediately preceding such meeting, together\\nwith the text of any resolution which will be presented to the voters.\\n 7. Such notice shall also state that applications for absentee ballots\\nfor election of board members may be applied for at the office of the\\nclerk of the district. Such notice, in such case, shall further state\\nthat a list of all persons to whom absentee ballots shall have been\\nissued, will be available in the said office of the clerk on each of the\\nfive days prior to the day of the election except Sundays, and that such\\nlist will also be posted at the polling place or places at the election\\nof members of the board of education.\\n 8. Such notice and all other notices and reports required to be\\npublished in newspapers under the provisions of this chapter shall be\\nprinted at the rates and for the fees prescribed in section fifteen\\nhundred fifty-one of the civil practice act. In the event that the\\npublishers of one or both of the newspapers having general circulation\\nin such district shall refuse to print and publish the notices or\\nreports at the rates and for the fees so prescribed, publication in such\\nnewspaper or newspapers so refusing may be omitted, in which case the\\nnotices or reports shall be posted as required by this section in lieu\\nof such publication.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2005", "title" : "Special meeting to transact business of annual meeting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2005", "activeDate" : "2014-09-22", "sequenceNo" : 799, "repealedDate" : null, "fromSection" : "2005", "toSection" : "2005", "text" : " § 2005. Special meeting to transact business of annual meeting.\\nWhenever the time for holding the annual meeting in a school district\\nshall pass without such meeting being held, a special meeting, to be\\nheld on the date specified for a school budget revote pursuant to\\nsubdivision three of section two thousand seven of this part, shall\\nthereafter be called by the trustees or by the clerk of such district\\nfor the purpose of transacting the business of the annual meeting; and\\nif no such meeting be called by the trustees or the clerk within ten\\ndays after such time shall have passed, the district superintendent of\\nthe supervisory district in which said school district is situated or\\nthe commissioner of education may order any inhabitant of such district\\nto give notice of such meeting in the manner provided in section two\\nthousand one of this part, and the officers of the district shall make\\nto such meeting the reports required to be made at the annual meeting,\\nsubject to the same penalty in case of neglect; and the officers elected\\nat such meeting shall hold their respective offices only until the next\\nannual meeting and until their successors are elected and shall have\\nqualified. Notice of such annual meeting shall comply with the\\nrequirements of section two thousand three or section two thousand four\\nof this part by publishing such notices once in each week within the two\\nweeks next preceding such special meeting, the first publication to be\\nat least fourteen days before such meeting and any required posting to\\nbe fourteen days before the time of such meeting. If the qualified\\nvoters at such special district meeting defeat the school district\\nbudget, the trustees or board of education shall adopt a contingency\\nbudget pursuant to section two thousand twenty-three of this part.\\nNotwithstanding any other provision in law, the trustees or board of\\neducation following the adoption of a contingency budget may call a\\nspecial district meeting for a second vote on the proposed budget\\npursuant to the requirements of subdivision three of section two\\nthousand seven or subdivision three of section two thousand six of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2006", "title" : "Special meeting in common school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2006", "activeDate" : "2014-09-22", "sequenceNo" : 800, "repealedDate" : null, "fromSection" : "2006", "toSection" : "2006", "text" : " § 2006. Special meeting in common school district. 1. A special\\ndistrict meeting of a common school district shall be held whenever\\ncalled by the trustees or whenever called for by petition of the voters\\npursuant to subdivision three of this section. The notice thereof shall\\nstate the purposes for which it is called, and no business shall be\\ntransacted at such special meeting, except that which is specified in\\nthe notice; and the district clerk, or, if the office be vacant, or the\\nclerk be sick or absent, or shall refuse to act, a trustee, or some\\ntaxable inhabitant, by order of the trustees, shall serve the notice\\nupon each inhabitant of the district qualified to vote at district\\nmeetings, at least six days before the day of the meeting, in the manner\\nprescribed in section two thousand one of this part or the trustees\\nshall give notice of the time and place of such special meeting, and the\\nnotice shall be published once in each week within the four weeks next\\npreceding the special meeting, the first publication to be at least\\ntwenty-two days before said meeting, in two newspapers if there shall be\\ntwo, or in one newspaper if there shall be but one, having general\\ncirculation within such common school district. But if no newspaper\\nshall then have general circulation therein, the said notice shall be\\nposted in at least twenty public places in said district twenty-two days\\nbut not more than twenty-eight days before the time of such meeting.\\n 2. The inhabitants of a district may, at any annual meeting, adopt a\\nresolution prescribing some other mode of giving notice of special\\nmeetings, which resolution and the mode prescribed thereby shall\\ncontinue in force until rescinded or modified at some subsequent annual\\nmeeting.\\n 3. Whenever the voters shall have defeated the budget of the school\\ndistrict at the annual meeting and election, the trustees may call a\\nspecial district meeting for a school budget revote to be held on the\\nthird Tuesday of June, provided, however that such budget revote shall\\nbe held on the second Tuesday in June if the commissioner at the request\\nof a local school board certifies no later than March first that such\\nvote would conflict with religious observances. The trustees shall give\\nthe notices required by subdivision one of section two thousand three of\\nthis part and this section by publishing such notices once in each week\\nwithin the two weeks next preceding such special meeting, the first\\npublication to be at least fourteen days before such meeting, with any\\nrequired posting to be fourteen days before the time of such meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2007", "title" : "Special meeting in union free school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2007", "activeDate" : "2014-09-22", "sequenceNo" : 801, "repealedDate" : null, "fromSection" : "2007", "toSection" : "2007", "text" : " § 2007. Special meeting in union free school district. 1. The board of\\neducation in a union free school district shall have power to call\\nspecial meetings of the inhabitants of the district whenever they shall\\ndeem it necessary and proper, in the manner prescribed in section two\\nthousand four of this chapter. The notice of each special meeting shall\\nstate the purposes for which it is called, and no business shall be\\ntransacted at such special meeting, except that which is specified in\\nthe notice.\\n 2. In a union free school district whose limits correspond with those\\nof any incorporated village, the board of education shall have power to\\ncall special meetings of the inhabitants of the district for the\\npurposes mentioned in section four hundred sixteen in the manner\\nprescribed in said section two thousand four of this chapter.\\n 3. a. Notwithstanding the provisions of subdivisions one and two of\\nthis section, and of section two thousand four of this part, whenever\\nthe voters of the district shall have defeated the budget of the\\ndistrict, in whole or in part, or whenever the board of education shall\\nhave rejected all bids for a contract or contracts for public work,\\ntransportation or purchase, and whenever in either such case the board\\nof education shall deem it necessary and proper to call a special\\nmeeting to take appropriate action, the board of education shall be\\nauthorized to give the notices required by subdivision one of section\\ntwo thousand four of this part by publishing such notices once in each\\nweek within the two weeks next preceding such special meeting, the first\\npublication to be at least fourteen days before such meeting and any\\nrequired posting to be fourteen days before the time of such meeting.\\n b. A school budget revote called pursuant to paragraph a of this\\nsubdivision shall be held on the third Tuesday of June, provided,\\nhowever that such budget revote shall be held on the second Tuesday in\\nJune if the commissioner at the request of a local school board\\ncertifies no later than March first that such vote would conflict with\\nreligious observances.\\n c. Notwithstanding the provisions of section two thousand fourteen of\\nthis part, where a school district shall have adopted personal\\nregistration, the board of registration shall meet on such day or days\\nas shall be fixed by the board of education, the last day of which,\\nhowever, shall not be more than seven nor less than two days preceding\\nany school district meeting notices for which shall have been given as\\nprovided in this subdivision.\\n 4. The board of education in a union free school district shall, in\\neach case when a special district meeting is required or permitted to\\nelect members of such board of education, call such meeting for at least\\nsix consecutive hours between the hours of seven o'clock in the forenoon\\nand nine o'clock in the afternoon, at least two of which hours shall be\\nafter six o'clock in the afternoon, and notice shall be given in the\\nmanner prescribed in section two thousand four of this chapter for\\nmeetings held over the hours.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2008", "title" : "Call of special district meeting by district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2019-04-19" ], "docLevelId" : "2008", "activeDate" : "2014-09-22", "sequenceNo" : 802, "repealedDate" : null, "fromSection" : "2008", "toSection" : "2008", "text" : " § 2008. Call of special district meeting by district superintendent.\\n1. When the clerk and all the trustees of a school district shall have\\nremoved from the district, or their offices shall be vacant, so that a\\nspecial meeting can not be called, as hereinbefore provided, the\\ndistrict superintendent may in like manner give notice of, and call a\\nspecial district meeting.\\n 2. Upon the filing with the trustee or board of education of a\\npetition requesting such officers to call a special district meeting,\\nwhich petition shall state the purpose thereof and shall be signed by\\ntwenty-five qualified voters or five percent of the number of voters who\\nvoted in the previous annual election of the members of the board of\\neducation or trustees, said number to be determined by the number of\\npersons recorded on the poll list as having voted at such election,\\nwhichever shall be greater, such trustee or board of education shall\\nproceed to call such meeting by giving notice thereof within twenty days\\nthereafter unless it shall appear\\n (a) that the purpose for which such meeting is sought to be called is\\nnot within the power of the voters of the district, or\\n (b) that such purpose is illegal, or\\n (c) that a bond or note resolution has been adopted and such petition\\nis not filed within twenty days after publication of notice of such\\nresolution pursuant to section 81.00 of the local finance law, or\\n (d) that other valid reason exists for refusing to call such meeting\\nwhich reason when appealed to the commissioner of education shall be\\ndeemed by him to be sufficient cause for such refusal.\\n * 3. Notwithstanding any other provision of law to the contrary, any\\nproposition submitted by the voters that requires the expenditure of\\nmoney shall be subject to the requirements set forth in subdivision nine\\nof section two thousand twenty-three-a of this part.\\n * NB Repealed June 16, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2009", "title" : "Additional requirements of notice where tax to be authorized to be levied in installments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2009", "activeDate" : "2014-09-22", "sequenceNo" : 803, "repealedDate" : null, "fromSection" : "2009", "toSection" : "2009", "text" : " § 2009. Additional requirements of notice where tax to be authorized\\nto be levied in installments. Where any proposition is to be submitted\\nto an annual or special district meeting or election authorizing a tax\\nto be levied in installments as a condition precedent to the issuance of\\nobligations of the district the notice of the meeting shall, in addition\\nto complying with the requirements of this article, also comply with the\\nrequirements of section four hundred sixteen of this chapter and\\napplicable provisions of the local finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2010", "title" : "Effect of want of due notice of district meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2010", "activeDate" : "2014-09-22", "sequenceNo" : 804, "repealedDate" : null, "fromSection" : "2010", "toSection" : "2010", "text" : " § 2010. Effect of want of due notice of district meetings. The\\nproceedings of no district meeting, annual or special, shall be held\\nillegal for want of a due notice to all the persons qualified to vote\\nthereat, unless it shall appear that the omission to give such notice\\nwas wilful and fraudulent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2011", "title" : "Duty to attend district meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2011", "activeDate" : "2014-09-22", "sequenceNo" : 805, "repealedDate" : null, "fromSection" : "2011", "toSection" : "2011", "text" : " § 2011. Duty to attend district meetings. Whenever any district\\nmeeting shall be duly called, it shall be the duty of the inhabitants\\nqualified to vote thereat, to assemble at the time and place fixed for\\nthe meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2012", "title" : "Qualifications of voters at district meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2012", "activeDate" : "2014-09-22", "sequenceNo" : 806, "repealedDate" : null, "fromSection" : "2012", "toSection" : "2012", "text" : " § 2012. Qualifications of voters at district meetings. A person shall\\nbe entitled to vote at any school meeting or election for the election\\nof school district officers, and upon all other matters which may be\\nbrought before such meeting or election, who is: 1. A citizen of the\\nUnited States.\\n 2. Eighteen years of age.\\n 3. A resident within the district for a period of thirty days next\\npreceding the meeting or election at which he offers to vote.\\n 4. No person shall have the right to register for or vote at any\\nschool meeting or election who would not be qualified to register for or\\nvote at an election in accordance with the provisions of section 5-106\\nof the election law.\\n No person shall be deemed to be ineligible to vote at any such meeting\\nor election, by reason of sex, who has the other qualifications required\\nby this section; and notwithstanding the foregoing provisions of this\\nsection, no Indian eighteen years of age or over who, having been born\\nin the United States to a member of an Indian tribe, or having been\\nnaturalized or otherwise acquired citizenship, shall have resided on an\\nIndian reservation in the state for a period of thirty days next\\npreceding the meeting or election at which he offers to vote or the\\nspouse of such Indian shall be deemed ineligible to vote at any such\\nmeeting or election of the school district where the majority, as\\ndetermined by the commissioner, of the Indian children of such\\nreservation are being educated under a contract pursuant to subdivision\\ntwo of section forty-one hundred one of this chapter, except that the\\nparents or guardians of Indian children of such reservation who are\\nbeing educated in the schools of a district other than the district\\nwhich educates the majority of such children, shall be eligible to vote\\nonly in the district where their children are being so educated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2014", "title" : "Registration of voters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2014", "activeDate" : "2014-09-22", "sequenceNo" : 807, "repealedDate" : null, "fromSection" : "2014", "toSection" : "2014", "text" : " § 2014. Registration of voters. 1. In any union free school district,\\nthe board of education may upon its own motion provide for the personal\\nregistration of voters at school meetings or elections in such district\\nas provided in this section.\\n In such event, the board of education in such district shall\\nimmediately designate four qualified voters of such district to\\nconstitute a board of registration for such district to serve until the\\nthirtieth day following the next annual meeting or election of such\\ndistrict. Thereafter, the board of education of such district shall\\nannually designate, not later than the thirtieth day following the\\nannual meeting or election of such district, four qualified voters of\\nsuch district to constitute a board of registration for such district.\\nSuch members of the board of registration so appointed shall serve until\\nthe thirtieth day after the annual meeting or election of such district\\nin the following year. In the event that a vacancy shall occur on the\\nboard of registration, the board of education at any time may designate\\na qualified voter of such district as a member of the board of\\nregistration for such district to fill the vacancy.\\n Each member of the board of registration shall be entitled to\\ncompensation at a rate to be fixed by the board of education for each\\nday actually and necessarily spent upon the duties of his office.\\n 2. The board of registration of such district shall meet during the\\nannual meeting or election of such district at the place where such\\nannual meeting or election is held for the purpose of preparing a\\nregister for meetings or elections held subsequent to such annual\\nmeeting or election. Such board of registration of such district shall,\\nin addition, meet on such day or days as shall be fixed by the board of\\neducation, the last day of which, however, shall not be more than\\nfourteen nor less than five days preceding each school meeting or\\nelection in such district at such place in the school district, and at\\nsuch hours, as the board of education shall by resolution designate,\\nwhich hours shall include at least four consecutive hours between seven\\no'clock in the morning and eight o'clock in the evening, for the purpose\\nof preparing a register for such meeting or election provided, however,\\nthat at any annual meeting the majority of the voters may adopt a\\nresolution authorizing the registration of voters during the hours for\\nenrollment of children for a school term; provided further, however,\\nthat such voters may also authorize registration during certain\\nspecified hours of the school day, at the office of the district clerk\\nor business office of the school district by the district clerk,\\nassistant district clerk or a member of the board of registration. Such\\nregistration shall not take place less than five days preceding any\\nschool meeting or election. Such registration shall be effective to\\ninclude the next annual meeting and shall take place at the school or\\nschools within the district designated in the resolution. The register\\nshall, so far as practical, be in the same form as the register of\\nvoters in an election district for general elections in a city or\\nvillage having five thousand inhabitants or more, under the election\\nlaw. The register shall be arranged alphabetically by the surnames, and\\nthe place of residence by street and number or otherwise of each person\\nnamed on the list shall be given, or if none, some description\\naccurately locating such place of residence shall be given on such\\nregister. In addition, the register shall have a column or columns in\\nwhich the inspectors of election may indicate whether each person named\\non the list shall have voted in any election or elections or at any\\nmeeting or meetings. The district clerk of such district shall attend\\nwith the board of registration. The board of registration and the\\ndistrict clerk, shall, for the annual meeting or election of the school\\ndistrict, prepare a register of the qualified voters of such school\\ndistrict who shall present themselves personally for registration. Such\\nboard of registration shall in like manner prepare a register for each\\nspecial school meeting or election within such school district, except\\nthat the register prepared at the last annual meeting or election and\\nthe register or registers for any subsequent special meeting, meetings,\\nelection, or elections in such school district shall be used by them as\\nthe basis therefor. The register so prepared shall include all persons\\nwho shall have presented themselves personally for registration in\\naccordance herewith and may include all persons who shall have been\\npreviously registered hereunder for any annual or special meeting or\\nelection and who shall have voted at any annual or special meeting or\\nany election held or conducted during the four calendar years prior to\\nthe year in which such register is being prepared; and the board of\\nregistration shall remove from the register all persons who are known to\\nbe deceased, who have moved out of the school district or who are\\notherwise not qualified as school district electors. The district clerk\\nshall furnish the necessary blank books and blanks at the expense of\\nsuch school district. School meetings and elections in such school\\ndistrict shall be thereafter conducted in the manner provided by this\\nchapter, except that no person shall be entitled to vote thereat whose\\nname does not appear upon the register of the school district in which\\nhe claims to be entitled to vote. In all cases, the board of education\\nshall cause the district clerk to give the notice required by\\nsubdivision four of section two thousand four of this chapter.\\n 3. The board of education may, upon its own motion and at least two\\nmonths prior to a school district meeting or election at which the same\\nis to be effective, revoke the provisions for personal registration\\nadopted as provided in this section. However, the board of education may\\nnot thereafter provide for personal registration unless authorized by\\nthe voters at a district meeting or election.\\n 4. Whenever any union free school district in which personal\\nregistration of voters at school meetings or elections therein is\\nrequired as provided in subdivision one of this section shall have been\\ndivided into election districts pursuant to section two thousand\\nseventeen of this chapter, the board of education shall appoint a board\\nof registration pursuant to the provisions of subdivision one of this\\nsection consisting of as many members as shall provide two for each\\nelection district, shall designate a place in each such election\\ndistrict and shall designate two members of the board of registration to\\nattend thereat for the purpose of preparing a register for such election\\ndistrict. At the same time, the board of education shall designate the\\nregistration place at which the district clerk shall attend. The\\nprovisions of subdivisions one, two and three of this section shall\\napply with respect to the registration of voters in such union free\\nschool districts, except as may be inconsistent with the foregoing\\nprovisions of this subdivision, and except that the notice provided to\\nbe given by the district clerk in subdivision two of this section and\\nsubdivision five and six of section two thousand four of this chapter\\nshall describe each of the election districts as required in subdivision\\ntwo of section two thousand seventeen and subdivision six of section two\\nthousand four of this chapter.\\n 5. The provisions of this section shall not apply with respect to any\\nperson registered to vote pursuant to the provisions of section three\\nhundred fifty-two of the election law.\\n 6. In any case where a union free school district has provided for the\\nregistration of voters during specified hours of the school day at the\\noffice of the district clerk, assistant clerk or a member of the board\\nof registration, such school district's board of registration, at the\\ndiscretion of the board of education, may not be required to meet prior\\nto the annual meeting or election, or prior to a special meeting or\\nspecial election pursuant to subdivision two of this section, solely for\\nthe purposes of registering voters.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2015", "title" : "Register to be filed; addition to and correction of register; challenges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2015", "activeDate" : "2014-09-22", "sequenceNo" : 808, "repealedDate" : null, "fromSection" : "2015", "toSection" : "2015", "text" : " § 2015. Register to be filed; addition to and correction of register;\\nchallenges. 1. The register prepared as provided in section two\\nthousand fourteen of this chapter shall, immediately upon its completion\\nand not less than five days prior to the time set for the school meeting\\nor election at which it is to be used, be filed in the office of the\\nclerk of the district, and thereafter shall at all reasonable times be\\nopen to inspection by any qualified voter of such school district on\\neach day up to and including the day set for the meeting or election,\\nexcept Sundays.\\n 2. The name of no voter may be placed upon a register unless such\\nvoter appears before the board of registration except if a qualified\\nvoter is a resident of a school district and his name appears on a\\nregister as a resident of another district, a written sworn statement\\nmay be filed by such voter with the clerk of the district showing his\\ncorrect residence and the name of such voter shall thereupon be stricken\\nfrom such register and placed upon the proper register.\\n 3. A qualified voter may, upon the examination of such list, file a\\nwritten challenge of the qualifications as a voter of any person whose\\nname appears on such list.\\n 4. Statements and challenges shall be received and preserved by the\\nclerk of the district or other person designated by the board of\\neducation, and immediately upon receiving any such sworn statement of a\\nvoter, applying to have his name placed upon the register or any\\nchallenge as to a name already thereon, the clerk shall file such\\nstatement or challenge or copy thereof, with the register and hold the\\nsame open for inspection by any qualified voter of the district. Upon\\nthe face of such statement or challenge, the clerk shall write clearly\\nwhat action was taken with reference thereto, immediately upon such\\naction being taken.\\n 5. The clerk of the district shall cause a copy of the register of\\nsuch school district to be delivered on the day of the meeting or\\nelection before the opening of the polls to the inspectors of election\\nat each voting place within the district at the place or places where\\nthe meeting or election is to be held. If there be not more than one\\nvoting place, the clerk shall produce the register at the place of the\\nmeeting or election, at the opening thereof. The inspectors of election\\nat each voting place shall indicate on the copy of the register\\ndelivered to them, and opposite the name of each person so registered,\\nwhether each such person did vote in such election or at such meeting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2016", "title" : "Review of registration procedure by supreme court or county judge", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "2016", "activeDate" : "2014-09-22", "sequenceNo" : 809, "repealedDate" : null, "fromSection" : "2016", "toSection" : "2016", "text" : " § 2016. Review of registration procedure by supreme court or county\\njudge. 1. The supreme court or a justice thereof, or the county judge\\nwithin the county in which the school district is wholly or partly\\nsituated, in a proceeding instituted by any qualified voter who, at the\\nmeeting of the board of registration provided for in section two\\nthousand fourteen, made to the board of registration satisfactory proof\\nthat he was or would be entitled to vote at the meeting or election for\\nwhich the board of registration was at such meeting convened to prepare\\na register, and to whom such registration had been refused by such board\\nof registration shall, by order, compel the registration of such voter;\\nand in a proceeding instituted by any qualified voter shall by order\\ndirect to be stricken from the register any names unlawfully thereon,\\nand shall order such board of registration, if necessary, to reconvene\\nfor such purposes not less than two nor more than four days before the\\nday of the meeting or election. Written notice of an application under\\nthis section must be given to the board of registration, by service\\nthereof on two of the members thereof.\\n 2. Such court, justice or judge in a proceeding instituted by any\\nqualified voter whose application to vote has been denied by the\\ninspectors of election shall compel by order the reception of the vote\\nwithin the hours established by law.\\n 3. An affidavit by any officer or employee of the board of education\\nor any police officer, sheriff or deputy sheriff that he visited the\\npremises claimed by the applicant as his residence, and that he\\ninterrogated an inmate, housedweller, keeper or caretaker, owner,\\nproprietor, or landlord thereof or therein, as to the applicant's\\nresidence therein or thereat, and that he was informed by one or more of\\nsuch persons, naming them, that they knew the persons residing upon such\\npremises and that the applicant did not reside upon such premises thirty\\ndays before the meeting or election shall be presumptive evidence\\nagainst the right of the voter to register from such premises.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2017", "title" : "Division of union free school district into election districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2017", "activeDate" : "2014-09-22", "sequenceNo" : 810, "repealedDate" : null, "fromSection" : "2017", "toSection" : "2017", "text" : " § 2017. Division of union free school district into election\\ndistricts. 1. In any union free school district having personal\\nregistration of voters pursuant to section two thousand fourteen of this\\nchapter, the board of education may upon its own motion divide the\\nschool district into election districts, and shall upon the petition of\\ntwenty-five qualified voters of the district, or five percent of the\\nvoters who voted in the previous annual election of the members of the\\nboard of education, whichever is greater, cause to be submitted at an\\nannual or special meeting, a proposition to divide such school district\\ninto election districts provided, however, that in each election\\ndistrict the number of qualified voters shall at least equal three\\nhundred.\\n 2. If it is determined to divide the district into election districts,\\nthe board of education shall immediately thereafter and not less than\\nthirty days prior to an annual or special meeting or election, within\\nsuch district, adopt a resolution dividing the school district into such\\nnumber of election districts as the board of education may determine.\\nThe school district shall be so divided that if circumstances will\\npermit, there shall be a schoolhouse in each election district or in as\\nmany of such election districts as possible. The election districts so\\nformed shall continue in existence until modified by resolution of the\\nboard of education. Such resolution shall accurately describe the\\nboundaries of each such district by streets, alleys and highways, or\\notherwise. School meetings and elections shall thereafter be held so far\\nas may be possible in the public schoolhouses within any such school\\nelection district. The board of education shall designate the place\\nwithin each election district where the meeting or election shall be\\nheld.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2018", "title" : "Nomination of candidates for the office of member of the board of education in all union free school districts or for the office of membe...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-03-12", "2022-08-05" ], "docLevelId" : "2018", "activeDate" : "2014-09-22", "sequenceNo" : 811, "repealedDate" : null, "fromSection" : "2018", "toSection" : "2018", "text" : " § 2018. Nomination of candidates for the office of member of the board\\nof education in all union free school districts or for the office of\\nmember of the board of trustees in all common school districts which\\nhave elected to vote for trustees at a time or place separate from the\\nannual meeting. a. In all union free school districts candidates for\\nthe office of member of the board of education shall be nominated by\\npetition. Each vacancy upon the board of education to be filled shall be\\nconsidered a separate specific office. A separate petition shall be\\nrequired to nominate a candidate to each separate office. Each petition\\nshall be directed to the clerk of the school district, shall be signed\\nby at least twenty-five qualified voters of the district, or two percent\\nof the voters who voted in the previous annual election of the members\\nof the board of education, whichever is greater, such number to be\\ndetermined by the number of persons recorded on the poll list as having\\nvoted at such election shall state the residence of each signer, shall\\nstate the name and residence of the candidate and shall describe the\\nspecific vacancy on the board of education for which the candidate is\\nnominated, which description shall include at least the length of the\\nterm of office and the name of the last incumbent, if any. In the event\\nthat any such nominee shall withdraw his candidacy prior to the\\nelection, such person shall not be considered a candidate unless a new\\npetition nominating such person in the same manner and within the same\\ntime limitations applicable to other candidates is filed with the clerk\\nof the district. Each petition shall be filed in the office of the clerk\\nof the district between the hours of nine a.m. and five p.m., not later\\nthan the thirtieth day preceding the school meeting or election at which\\nthe candidates nominated are to be elected. No person shall be nominated\\nby petition for more than one separate office.\\n b. At any school election in such district, the electors may adopt a\\nproposition providing that, in all subsequent elections, vacancies upon\\nthe board of education shall not be considered separate specific offices\\nand that the nominating petitions shall not describe any specific\\nvacancy upon the board of education for which the candidate is\\nnominated. Such procedure shall be followed with respect to all\\nnominations and elections in subsequent years until and unless such\\nproposition is repealed by the electors of the district at a regular\\nelection by the adoption of a proposition to repeal the same.\\n c. In all common school districts, candidates for the office of member\\nof the board of trustees shall be nominated by petition. Such petition\\nshall not describe any specific vacancy on the board of trustees. Each\\npetition shall be directed to the clerk of the school district and shall\\nbe signed by at least twenty-five qualified voters of the district or\\ntwo percent of the voters who voted in the previous annual election of\\nthe members of the board of trustees, whichever is greater. Such a\\npetition shall state the residence of each signer, and shall contain the\\nname and residence of the candidate.\\n d. If a candidate for whom a nominating petition for the office of\\nmember of a board of education has been duly filed withdraws such\\npetition, dies or becomes otherwise ineligible to hold such office at a\\ntime which is later than fifteen days before the last day for the filing\\nof nominating petitions as provided in subdivision a of this section,\\nthe time for filing nominating petitions for such office shall be\\nextended to five p.m. on the fifteenth day after the day on which such\\ncandidate withdrew, died, or otherwise became ineligible to hold such\\noffice, provided that no such nominating petition may be filed after\\nfive p.m. on the seventh day preceding the date of the election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2018-A", "title" : "Absentee ballots for school district elections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-13", "2020-03-13", "2021-04-30", "2022-04-01", "2023-04-14", "2023-09-22", "2024-01-05", "2024-05-31", "2025-11-28", "2025-12-26" ], "docLevelId" : "2018-A", "activeDate" : "2014-09-22", "sequenceNo" : 812, "repealedDate" : null, "fromSection" : "2018-A", "toSection" : "2018-A", "text" : " § 2018-a. Absentee ballots for school district elections. 1. The board\\nof education of any union free, central or central high school district\\nwhich elects school board members by ballot and provides for personal\\nregistration of voters, shall provide for absentee ballots for the\\nelection of members of the board of education and school district public\\nlibrary trustees, the adoption of the annual budget and school district\\npublic library budget and referenda, in accordance with the provisions\\nof this section.\\n 1-a. In counties with a population of one million or more, the board\\nof education of any union free, central or central high school district\\nwhich elects school board members by ballot and provides for personal\\nregistration of voters shall provide for absentee ballots for the\\nelection of members of the board of education and school district public\\nlibrary trustees, the adoption of the annual budget and school district\\npublic library budget and referenda, in accordance with the provisions\\nof this section.\\n 2. a. An applicant for such an absentee ballot shall submit an\\napplication setting forth (1) his name and residence address, including\\nthe street and number, if any, or town and rural delivery route, if any;\\n(2) that he is or will be, on the day of the school district election, a\\nqualified voter of the school district in which he resides in that he is\\nor will be, on such date, over eighteen years of age, a citizen of the\\nUnited States and has or will have resided in the district for thirty\\ndays next preceding such date; (3) whether he is registered in the\\ndistrict; (4) that he will be unable to appear to vote in person on the\\nday of the school district election for which the absentee ballot is\\nrequested because he is, or will be on such day (a) a patient in a\\nhospital, or unable to appear personally at the polling place on such\\nday because of illness or physical disability or (b) because his duties,\\noccupation, business, or studies will require him to be outside of the\\ncounty or city of his residence on such day, (c) because he will be on\\nvacation outside the county or city of his residence on such day; or,\\n(d) absent from his voting residence because he is detained in jail\\nawaiting action by a grand jury or awaiting trial or is confined in\\nprison after conviction for an offense other than a felony. Such\\napplication must be received by the district clerk at least seven days\\nbefore the election if the ballot is to be mailed to the voter, or the\\nday before the election, if the ballot is to be delivered personally to\\nthe voter.\\n b. (1) Where such duties, occupation, business, or studies are of such\\na nature as ordinarily to require such absence, a brief description of\\nsuch duties, occupation, business, or studies shall be set forth in such\\napplication. (2) Where such duties, occupation, business, or studies are\\nnot of such a nature as ordinarily to require such absence, such\\napplication shall contain a statement of the special circumstances on\\naccount of which such absence is required.\\n c. Where the applicant expects in good faith to be absent on the day\\nof the election because he will be on vacation elsewhere on such day,\\nsuch application shall also contain the dates upon which he expects to\\nbegin and end such vacation, the place or places where he expects to be\\non such vacation, the name and address of his employer, if any, and if\\nself-employed or retired, a statement to that effect.\\n d. Where the absence is because of detention or confinement to jail,\\nsuch application shall state whether the voter is detained awaiting\\naction of the grand jury or is confined after conviction for an offense\\nother than a felony.\\n e. Where a person is or would be, if he were a qualified voter,\\nentitled to apply for the right to vote by absentee ballot under the\\nprovisions of this section, his spouse, parent or child, if a qualified\\nvoter and a resident of the same school district, shall be entitled to\\nvote as an absentee voter upon personally making and signing an\\napplication in accordance with the preceding provisions of this\\nsubdivision and showing that he expects to be absent from the school\\ndistrict on the day of the school district election by reason of\\naccompanying or being with the spouse, child or parent who is or would\\nbe, if he were a qualified voter, so entitled to apply for the right to\\nvote by absentee ballot, and, in the event no application is made by\\nsuch spouse, child or parent, such further information as the board of\\nregistration shall require.\\n f. Such application shall include the following statement to be signed\\nby the voter.\\n I hereby declare that the foregoing is a true statement to the best of\\nmy knowledge and belief, and I understand that if I make any material\\nfalse statement in the foregoing statement of application for absentee\\nballots, I shall be guilty of a misdemeanor.\\nDate.....................Signature of Voter ............................\\n g. An applicant whose ability to appear personally at the polling\\nplace of the school district of which he is a qualified voter is\\nsubstantially impaired by reason of permanent illness or physical\\ndisability and whose registration record has been marked \"permanently\\ndisabled\" by the board of elections pursuant to the provisions of the\\nelection law shall be entitled to receive an absentee ballot pursuant to\\nthe provisions of this section without making separate application for\\nsuch absentee ballot, and the board of registration upon being advised\\nby the board of elections on or with the list of registered voters that\\nthe registration record of a voter is marked \"permanently disabled\"\\nshall send an absentee ballot to such voter at his last known address\\nwith a request to the postal authorities not to forward same but to\\nreturn same in five days in the event that it cannot be delivered to the\\naddressee. The board of education shall determine whether such ballot\\nshall be sent by first class or by certified mail. All such ballots\\nshall be mailed in the same manner as determined by the board of\\neducation. The board of registration shall make an appropriate entry on\\nthe registration indicating the fact that an absentee ballot has been\\nsent and the date of mailing.\\n 3. If, upon examining the application required under the provisions of\\nsubdivision two of this section, and upon such inquiry as it deems\\nproper, the board of registration shall be satisfied that the applicant\\nis a qualified voter of the district, and entitled to vote by absentee\\nballot, such board shall place his name upon the register, thereupon the\\napplicant shall be issued or mailed an absentee voter's ballot and the\\nboard of registration shall make an appropriate entry on the register\\nindicating that an absentee ballot has been applied for by, and issued\\nto, the applicant.\\n 4. Ballots for absentee voters shall be, as nearly as practicable, in\\nthe same form as those to be voted at the district election; if the vote\\nat such election shall be by ballot, the absentee ballot shall conform\\nto the regular ballot; if the vote of such election shall be by voting\\nmachine, the absentee ballot shall conform as closely as possible to the\\nmanner in which the names of the candidates, the questions and the\\npropositions appear on the voting machines, except that the absentee\\nballot shall also contain a space for a write-in or write-ins. Such\\nabsentee ballots shall also contain instructions as to the proper\\nmarking thereof, in accordance with the provisions of sections two\\nthousand thirty-two and two thousand thirty-four of this chapter. On the\\nback of such absentee ballots shall be printed the words \"Official\\nBallot, Absentee Voter.\"\\n 5. a. The board of registration shall enclose each absentee voter's\\nballot in an envelope which shall be labelled:\\n ELECTION MATERIAL\\n PLEASE EXPEDITE\\n On one side of such envelope shall be printed:\\n OFFICIAL BALLOT, ABSENTEE VOTER\\n for\\n School District Election\\nName of Voter .......................................\\nResidence (street and number, if any) ...............\\nCity (or Town) of ...................................\\nCounty of ...........................................\\nSchool district .....................................\\nSchool Election District (if applicable) ............\\n The date of the election and name of the school district shall be\\nprinted, and the name of the voter, residence, school district and\\nschool election district (if applicable) shall be written in by the\\nboard of registration.\\n b. On the reverse side of such envelope shall be printed the following\\nstatement:\\n STATEMENT OF ABSENTEE VOTER\\n I do declare that I am a citizen of the United States, and will be at\\nleast eighteen years of age, on the date of the school district\\nelection; that I will have been a resident of this state and of the\\nschool district and school election district, if any, shown on the\\nreverse side of this envelope for thirty days next preceding the said\\nelection and duly registered in the school district and school election\\ndistrict, if any, shown on the reverse side of this envelope and that I\\nam or on such date will be, a qualified voter of said school district;\\nthat I will be unable to appear personally on the day of said school\\ndistrict election at the polling place of the said district in which I\\nam or will be a qualified voter because of the reason stated on my\\napplication heretofore submitted; that I have not qualified, or do I\\nintend to vote, elsewhere than as set forth on the reverse side of this\\nenvelope; that I have not received or offered, do not expect to receive,\\nhave not paid, offered or promised to pay, contributed, offered or\\npromised to contribute to another to be paid or used, any money or other\\nvaluable thing, as a compensation or reward for the giving or\\nwithholding of a vote at this school district election, and have not\\nmade any promise to influence the giving or withholding of any such\\nvotes; that I have not made or become directly or indirectly interested\\nin any bet or wager depending upon the result of this school district\\nelection; and that I have not been convicted of bribery or any infamous\\ncrime, or, if so convicted, that I have been pardoned or restored to all\\nthe rights of a citizen, without restriction as to the right of\\nsuffrage, or received a certificate of relief from disabilities or a\\ncertificate of good conduct pursuant to article twenty-three of the\\ncorrection law removing my disability to register and vote.\\n I hereby declare that the foregoing is a true statement to the best of\\nmy knowledge and belief, and I understand that if I make any material\\nfalse statement in the foregoing statement of absentee voter, I shall be\\nguilty of a misdemeanor.\\n Date.....................Signature of Voter ..........................\\n c. The envelope shall be gummed, ready for sealing, and shall have\\nprinted thereon, on the side opposite the statement, instructions as to\\nthe duties of the voter after the marking of the ballot, which\\ninstructions shall include a specific direction stating that the\\nenvelope must reach the office of the clerk of the school district not\\nlater than five P.M. on the day of the election in order that his vote\\nmay be canvassed.\\n d. A person who shall make any material false statement in the\\nstatement of absentee voter appearing on the reverse side of the\\nenvelope as provided in this subdivision, shall be guilty of a\\nmisdemeanor.\\n 6. The board of registration shall make a list of all persons to whom\\nabsentee voter's ballots shall have been issued and file such list in\\nthe office of the clerk where it shall be available for public\\ninspection during regular office hours until the day of the election.\\nAny qualified voter may, upon examination of such list, file a written\\nchallenge of the qualifications as a voter of any person whose name\\nappears on such list, stating the reasons for such challenge. Such\\nwritten challenge shall be transmitted by the clerk to the inspectors of\\nelection on election day.\\n 7. a. The board of registration shall be authorized to call upon the\\ncommissioner of police and the officers and members of the police force\\nfor such assistance in the enforcement of the provisions of this section\\nas such board shall require, and such commissioner and officers and\\nmembers of the police force shall be authorized to render such\\nassistance.\\n b. The board of registration may require any person to attend before\\nit at the office of the clerk of the school district and be examined by\\nthe board as to any matter in relation to which such board is charged\\nwith a duty under this section, and may issue a subpoena therefor. Each\\nmember of such board shall be authorized to administer any oath that may\\nbe required or authorized by law in this connection.\\n 8. No absentee voter's ballot shall be canvassed, unless it shall have\\nbeen received in the office of the clerk of the school district not\\nlater than five P.M. on the day of the election.\\n 9. The clerk of the district shall, on the day of the election,\\ntransmit all absentee voters' envelopes, received by him in accordance\\nwith subdivision eight of this section, to the inspectors of election.\\n 10. If, at the school district election, any absentee voters'\\nenvelopes shall have been received at the polling place, the inspectors\\nof election immediately after the closing of the polls shall examine\\nthem, and shall compare the signature, if any, on each envelope with the\\nsignature, if any, on the register, of the person of the same name who\\nregistered from the same address. If the signatures are found to\\ncorrespond, the inspectors shall certify thereto by signing their\\ninitials opposite the name of the voter at the appropriate place in the\\nregister. If a person whose name is on an envelope as a voter, shall\\nhave already voted in person at such school district election, or if his\\nname, residence and signature, as stated on the envelope, are not on the\\nregister, or if there is no signature on the envelope, this envelope\\nshall be laid aside unopened and be returned unopened to the clerk of\\nthe district. If such person is found to be registered and has not so\\nvoted in person, and if no objection is made, or if an objection made be\\nnot sustained, the envelope shall be opened and the ballot withdrawn\\nwithout unfolding and desposited in the proper box or boxes. At the time\\nof the deposit of such ballot, the inspectors shall enter the words\\n\"absentee vote\" at an appropriate place in the register.\\n 11. During such examination any qualified voter present in the polling\\nplace may object to the voting of the ballot contained in any envelope\\nupon the ground or grounds (a) that the person named thereon is not a\\nqualified voter of the school district, or school election district\\n(where applicable), or (b) that he was within the county or city while\\nthe polls of the election were open, except where the applicant is a\\npatient in a hospital located within the county or city or detained or\\nconfined in a jail located within the county or city and except where\\nthe ballot was obtained upon the ground of inability to appear\\npersonally at the polling place on the day of the school district\\nelection because of illness or physical disability, or (c) that he was\\nable to appear personally while the polls were open, in cases where the\\nballot was obtained upon the ground that the voter was a patient in a\\nhospital located within the county or city or detained or confined in a\\njail located within the county or city or upon the ground of inability\\nto appear personally at the polling place on the day of the election\\nbecause of illness or physical disability, or (d) that he was not\\nentitled to cast such ballot. An inspector shall make such an objection\\nif he shall know or suspect that the person named on such envelope is\\nnot such a qualified voter or was so within the school district or was\\nable so to appear personally, or was not entitled to cast such ballot.\\nThe election inspectors shall forthwith proceed to determine each\\nobjection including any written challenge transmitted to them by the\\ndistrict clerk as provided in subdivision six of this section. Unless\\nthe inspectors, by majority vote, shall sustain the objection, the\\nchairman, or if he refuses, another inspector shall endorse upon the\\nenvelope the objection and the words \"not sustained,\" shall sign such\\nendorsement, and shall open the envelope and deposit the ballot as\\nprovided in this section. Should the inspectors, by majority vote,\\nsustain such objection, the objection and word \"sustained\" shall be\\nsimilarly endorsed upon the envelope, the envelope shall not be opened\\nnor the ballots therein canvassed, and such envelope shall be returned\\nunopened to the clerk of the district. If the inspectors of election\\nshall have received an envelope endorsed with the name of a person who\\nto the knowledge of the inspectors is deceased on the day of the\\nelection, the inspectors shall return such envelope unopened to the\\nclerk of the district with the words \"deceased--objection sustained\"\\nendorsed on the envelope.\\n 12. If the inspectors of election shall have received an envelope, and\\nupon opening the same no ballot shall be found therein, the inspectors\\nshall make a memorandum showing that the ballot is missing. When the\\ncasting of absentee voters' ballots shall have been completed, the\\ninspectors shall ascertain the number of such ballots which have been\\ndeposited in the ballot box by deducting from the number of envelopes\\nopened the number of missing ballots, and shall make a separate return\\nthereof in duplicate. The number of absentee voters' ballots deposited\\nin the ballot box shall be added to the number of other ballots\\ndeposited in the ballot box in order to determine the number of all\\nballots to be accounted for in the ballot box. Such ballots shall then\\nbe counted or canvassed by the inspectors of election along with the\\nother ballots cast at such school district election, or, where voting\\nmachines are used, shall be added to the votes recorded on such\\nmachines.\\n 13. Where the district shall have been divided into school election\\ndistricts pursuant to the provisions of this chapter, the provisions of\\nthis section shall be applicable, provided that any reference in this\\nsection to the term \"board of registration\" shall in such case refer to\\nthe board of registration appointed by the board of education for each\\nschool election district, except that paragraph b of subdivision seven\\nof this section shall apply according to its terms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2018-B", "title" : "Absentee ballots for school district elections by poll registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-30", "2022-04-01", "2023-04-14", "2023-09-22", "2024-01-05", "2024-05-31", "2025-11-28" ], "docLevelId" : "2018-B", "activeDate" : "2014-09-22", "sequenceNo" : 813, "repealedDate" : null, "fromSection" : "2018-B", "toSection" : "2018-B", "text" : " § 2018-b. Absentee ballots for school district elections by poll\\nregistration. 1. Notwithstanding the provisions of sections two\\nthousand fourteen and two thousand eighteen-a of this article, the\\ntrustees or the board of education of any common, union free, central or\\ncentral high school district which does not provide for the personal\\nregistration of voters for school district meetings and elections but\\nwhich elects trustees or school board members by ballot, shall provide\\nfor absentee ballots for the election of the trustees or members of the\\nboard and school district public library trustees, the adoption of the\\nannual budget and school district public library budget and referenda.\\n 1-a. Notwithstanding the provisions of sections two thousand fourteen\\nand two thousand eighteen-a of this article, in any county with a\\npopulation of one million or more, the trustees or the board of\\neducation of any common, union free, central or central high school\\ndistrict which does not provide for the personal registration of voters\\nfor school district meetings and elections but which elects trustees or\\nschool board members by ballot shall provide for absentee ballots for\\nthe election of the trustees or members of the board and school district\\npublic library trustees, the adoption of the annual budget and school\\ndistrict public library budget and referenda.\\n 2. a. An applicant for such an absentee ballot shall submit an\\napplication setting forth (1) his name and residence address, including\\nthe street and number, if any, or town and rural delivery route, if any;\\n(2) that he is or will be, on the day of the school district election, a\\nqualified voter of the school district in which he resides in that he is\\nor will be, on such date, over eighteen years of age, a citizen of the\\nUnited States and has or will have resided in the district for thirty\\ndays next preceding such date; (3) that he will be unable to appear to\\nvote in person on the day of the school district election for which the\\nabsentee ballot is requested because he is, or will be on such day (a) a\\npatient in a hospital, or unable to appear personally at the polling\\nplace on such day because of illness or physical disability or (b)\\nbecause his duties, occupation, business, or studies will require him to\\nbe outside of the county or city of his residence on such day, (c)\\nbecause he will be on vacation outside the county or city of his\\nresidence on such day; or, (d) absent from his voting residence because\\nhe is detained in jail awaiting action by a grand jury or awaiting trial\\nor is confined in prison after conviction for an offense other than a\\nfelony. Such application must be received by the district clerk or\\ndesignee of the trustees or school board at least seven days before the\\nelection if the ballot is to be mailed to the voter, or the day before\\nthe election, if the ballot is to be delivered personally to the voter.\\n b. (1) Where such duties, occupation, business, or studies are of such\\na nature as ordinarily to require such absence, a brief description of\\nsuch duties, occupation, business, or studies shall be set forth in such\\napplication.\\n (2) Where such duties, occupation, business, or studies are not of\\nsuch a nature as ordinarily to require such absence, such application\\nshall contain a statement of the special circumstances on account of\\nwhich such absence is required.\\n c. Where the applicant expects in good faith to be absent on the day\\nof the election because he will be on vacation elsewhere on such day,\\nsuch application shall also contain the dates upon which he expects to\\nbegin and end such vacation, the place or places where he expects to be\\non such vacation, the name and address of his employer, if any, and if\\nself-employed or retired, a statement to that effect.\\n d. Where the absence is because of detention or confinement to jail,\\nsuch application shall state whether the voter is detained awaiting\\naction of the grand jury or is confined after conviction for an offense\\nother than a felony.\\n e. Where a person is or would be, if he were a qualified voter,\\nentitled to apply for the right to vote by absentee ballot under the\\nprovisions of this section, his spouse, parent or child, if a qualified\\nvoter and a resident of the same school district, shall be entitled to\\nvote as an absentee voter upon personally making and signing an\\napplication in accordance with the preceding provisions of this\\nsubdivision and showing that he expects to be absent from the school\\ndistrict on the day of the school district election by reason of\\naccompanying or being with the spouse, child or parent who is or would\\nbe, if he were a qualified voter, so entitled to apply for the right to\\nvote by absentee ballot, and, in the event no application is made by\\nsuch spouse, child or parent, such further information as the clerk of\\nthe school district or designee of the trustees or school board shall\\nrequire.\\n f. Such application shall include the following statement to be signed\\nby the voter.\\n I hereby declare that the foregoing is a true statement to the best of\\nmy knowledge and belief, and I understand that if I make any material\\nfalse statement in the foregoing statement of application for absentee\\nballots, I shall be guilty of a misdemeanor.\\nDate......................Signature of Voter ...........................\\n g. The clerk of the school district or a designee of the trustees or\\nschool board shall request registration lists from the board of\\nelections pursuant to subdivision three of section 5-612 of the election\\nlaw for those voters whose registration record has been marked\\n\"permanently disabled\". An applicant whose ability to appear personally\\nat the polling place of the school district of which he is a qualified\\nvoter is substantially impaired by reason of permanent illness or\\nphysical disability and whose registration record has been marked\\n\"permanently disabled\" as determined by the board of elections pursuant\\nto the provisions of this chapter and who has previously applied for an\\nabsentee ballot shall be entitled to receive subsequent absentee ballots\\npursuant to the provisions of this section without making separate\\napplication for such absentee ballot, and the clerk of the school\\ndistrict or a designee of the trustees or school board shall send an\\nabsentee ballot to such voter at his last known address with a request\\nto the postal authorities not to forward same but to return same in five\\ndays in the event that it cannot be delivered to the addressee. The\\nclerk of the school district or a designee of the trustees or school\\nboard shall determine whether such ballot shall be sent by first class\\nor by certified mail. All such ballots shall be mailed in the same\\nmanner as determined by the trustees or the board of education.\\n 3. If, upon examining the application required under the provisions of\\nsubdivision two of this section, and upon such inquiry as it deems\\nproper, the clerk of the school district or designee of the trustees or\\nschool board shall be satisfied that the applicant is a qualified voter\\nof the district, and entitled to vote by absentee ballot, such clerk of\\nthe school district or designee of the trustees or school board shall\\ncause to be issued or mailed to the applicant an absentee voter's ballot\\nand the clerk of the school district or designee of the trustees or\\nschool board shall make an appropriate entry on the poll list pursuant\\nto section two thousand twenty-nine of this article.\\n 4. The clerk of the school district or a designee of the trustees or\\nschool board shall also mail an absentee ballot to every qualified voter\\notherwise eligible for such ballot, who requests an absentee ballot from\\nsuch clerk or trustees or school board designee in a letter which is\\nsigned by the voter and received by the clerk or trustees or school\\nboard designee not earlier than the thirtieth day nor later than the\\nseventh day before the election for which the ballot is first requested\\nand which states the address where the voter resides and to which the\\nballot is to be mailed. The clerk or designee of the trustees or school\\nboard shall enclose with such ballot a form of application for absentee\\nballot. The absentee ballot of a voter who requested such ballot by\\nletter, rather than application, shall not be counted unless a valid\\napplication form, signed by such voter, is received by the clerk of the\\nschool district or designee of the trustees or school board with such\\nballot.\\n 5. Ballots for absentee voters shall be, as nearly as practicable, in\\nthe same form as those to be voted at the district election; if the vote\\nat such election shall be by ballot, the absentee ballot shall conform\\nto the regular ballot; if the vote of such election shall be by voting\\nmachine, the absentee ballot shall conform as closely as possible to the\\nmanner in which the names of the candidates, the questions and the\\npropositions appear on the voting machines, except that the absentee\\nballot shall also contain a space for a write-in or write-ins. On the\\nback of such absentee ballots shall be printed words \"Official Ballot,\\nAbsentee Voter.\"\\n 6. a. The clerk of the school district or designee of the trustees or\\nschool board shall enclose each absentee voter's ballot in an envelope\\nwhich shall be labelled:\\n ELECTION MATERIAL\\n PLEASE EXPEDITE\\n On one side of such envelope shall be printed:\\n OFFICIAL BALLOT, ABSENTEE VOTER\\n for\\n School District Election\\nName of Voter ..........................................................\\nResidence (street and number, if any) ..................................\\nCity (or Town) of ......................................................\\nCounty of ..............................................................\\nSchool District ........................................................\\nSchool Election District (if applicable) ...............................\\n The date of the election and name of the school district shall be\\nprinted, and the name of the voter, residence, school district and\\nschool election district (if applicable) shall be included.\\n b. On the reverse side of such envelope shall be printed the following\\nstatement:\\n STATEMENT OF ABSENTEE VOTER\\n I do declare that I am a citizen of the United States, and will be at\\nleast eighteen years of age on the date of the school district election;\\nthat I will have been a resident of this state and of the school\\ndistrict and school election district, if any, shown on the reverse side\\nof this envelope for thirty days next preceding the said election and\\nthat I am or on such date will be, a qualified voter of said school\\ndistrict; that I will be unable to appear personally on the day of said\\nschool district election at the polling place of the said district in\\nwhich I am or will be a qualified voter because of the reason stated on\\nmy application heretofore submitted; that I have not qualified, or do I\\nintend to vote, elsewhere than as set forth on the reverse side of this\\nenvelope; that I have not received or offered, do not expect to receive,\\nhave not paid, offered or promised to pay, contributed, offered or\\npromised to contribute to another to be paid or used, any money or other\\nvaluable thing, as a compensation or reward for the giving or\\nwithholding of a vote at this school district election, and have not\\nmade any promise to influence the giving or withholding of any such\\nvotes; that I have not made or become directly or indirectly interested\\nin any bet or wager depending upon the result of this school district\\nelection; and that I have not been convicted of bribery or any infamous\\ncrime, or, if so convicted, that I have been pardoned or restored to all\\nthe rights of a citizen, without restriction as to the right of\\nsuffrage, or have received a certificate of relief from disabilities or\\na certificate of good conduct pursuant to article twenty-three of the\\ncorrection law removing my disability to vote.\\n I hereby declare that the foregoing is a true statement to the best of\\nmy knowledge and belief, and I understand that if I make any material\\nfalse statement in the foregoing statement of absentee voter, I shall be\\nguilty of a misdemeanor.\\n Date....................Signature of Voter ...........................\\n c. The envelope shall be gummed, ready for sealing, and shall have\\nprinted thereon, on the side opposite the statement, instructions as to\\nthe duties of the voter after the marking of the ballot, which\\ninstructions shall include a specific direction stating that the\\nenvelope must reach the office of the clerk of the school district or\\ndesignee of the trustees or school board not later than five P.M. on the\\nday of the election in order that his vote may be canvassed.\\n d. A person who shall make any material false statement in the\\nstatement of the absentee voter appearing on the reverse side of the\\nenvelope as provided in this subdivision, shall be guilty of a\\nmisdemeanor.\\n 7. The clerk of the school district or designee of the trustees or\\nschool board shall make a list of all persons to whom absentee voter's\\nballots shall have been issued and maintain such list where it shall be\\navailable for public inspection during regular office hours until the\\nday of the election. Any qualified voter may, upon examination of such\\nlist, file a written challenge of the qualifications as a voter of any\\nperson whose name appears on such list, stating the reasons for such\\nchallenge. Such written challenge shall be transmitted by the clerk or\\nthe designee of the trustees or school board to the inspectors of\\nelection on election day.\\n 8. a. The clerk of the school district or designee of the trustees or\\nschool board shall be authorized to call upon the commissioner of police\\nand the officers and members of the police force for such assistance in\\nthe enforcement of the provisions of this section as such trustees or\\nboard shall require, and such commissioner and officers and members of\\nthe police force shall be authorized to render such assistance.\\n b. The clerk of the school district or designee of the trustees or\\nschool board may require any person to attend before it at the office of\\nthe clerk of the school district or the office of the designee of the\\ntrustees or school board and be examined by the trustees or board as to\\nany matter in relation to which such trustees or board is charged with a\\nduty under this section, and may issue a subpoena therefor. Each member\\nof such trustees or board shall be authorized to administer any oath\\nthat may be required or authorized by law in this connection.\\n 9. No absentee voter's ballot shall be canvassed, unless it shall have\\nbeen received in the office of the clerk of the school district or\\ndesignee of the trustees or school board not later than five P.M. on the\\nday of the election.\\n 10. The clerk of the district or designee of the trustees or school\\nboard shall, on the day of the election, transmit all absentee voters'\\nenvelopes, received by him in accordance with subdivision eight of this\\nsection, to the inspectors of election.\\n 11. If a person whose name is on an envelope as a voter shall have\\nalready voted in person at such school district election, or if there is\\nno signature on the envelope, this envelope shall be laid aside unopened\\nand be returned unopened to the clerk of the district or designee of the\\ntrustees or school board. If such person has not so voted in person, and\\nif no objection is made, or if an objection made be not sustained, the\\nenvelope shall be opened and the ballot withdrawn without unfolding and\\ndeposited in the proper box or boxes.\\n 12. If the inspectors of election shall have received an envelope, and\\nupon opening the same no ballot shall be found therein, the inspectors\\nshall make a memorandum showing that the ballot is missing. When the\\ncasting of absentee voters' ballots shall have been completed, the\\ninspectors shall ascertain the number of such ballots which have been\\ndeposited in the ballot box by deducting from the number of envelopes\\nopened the number of missing ballots, and shall make a separate return\\nthereof in duplicate. The number of absentee voters' ballots deposited\\nin the ballot box shall be added to the number of other ballots to be\\naccounted for in the ballot box. Such ballots shall then be counted or\\ncanvassed by the inspectors of election along with the other ballots\\ncast at such school district election, or, where voting machines are\\nused, shall be added to the votes recorded on such machines.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2018-C", "title" : "Additional voting procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2018-C", "activeDate" : "2014-09-22", "sequenceNo" : 814, "repealedDate" : null, "fromSection" : "2018-C", "toSection" : "2018-C", "text" : " § 2018-c. Additional voting procedures. a. A school district may\\nrequire all persons offering to vote at any school district meeting or\\nelection for which registration is not required, to provide one form of\\nproof of residency. Such form, to be determined by the school district,\\nmay include, but is not limited to, a driver's license, a non-driver\\nidentification card, a utility bill, or a voter registration card. Upon\\noffer of proof of residency, a school district may also require all\\npersons offering to vote to provide their signature, printed name, and\\naddress.\\n b. As an alternative to voting procedures provided for in section\\ntwenty hundred fourteen of this article and subdivision a of this\\nsection, a school district may require all persons offering to vote at\\nany school district meeting or election to provide their signature,\\nprinted name, and address.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2019", "title" : "Declaration in case of challenge of voter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2019", "activeDate" : "2014-09-22", "sequenceNo" : 815, "repealedDate" : null, "fromSection" : "2019", "toSection" : "2019", "text" : " § 2019. Declaration in case of challenge of voter. If a person\\noffering to vote at any school district meeting or election shall be\\nchallenged as unqualified, by any legal voter in such district, either\\nat such meeting or election, or by the filing of a challenge pursuant to\\nsection two thousand fifteen of this chapter, the chairman presiding at\\nsuch meeting or election shall require the person so offering, to make\\nthe following declaration: \"I do declare and affirm that I am, and have\\nbeen, for the thirty days last past, an actual resident of this school\\ndistrict and that I am qualified to vote at this meeting.\" Every person\\nmaking such declaration shall be permitted to vote on all questions\\nproposed at such meeting or election; but if any person shall refuse to\\nmake such declaration, his vote shall be rejected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2019-A", "title" : "Voting by persons whose names are not in the registration poll ledgers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2019-A", "activeDate" : "2014-09-22", "sequenceNo" : 816, "repealedDate" : null, "fromSection" : "2019-A", "toSection" : "2019-A", "text" : " § 2019-a. Voting by persons whose names are not in the registration\\npoll ledgers. 1. Whenever a voter presents himself and offers to cast a\\nballot at any school district meeting or election, and the address at\\nwhich he claims to live is in the election district in which he seeks to\\nvote but his name cannot be found on the list of registered voters or in\\nthe registration poll ledger, he shall be permitted to vote only as\\nhereinafter provided:\\n a. He may present a court order requiring that he be permitted to\\nvote. He shall be required to sign his full name on top of the first\\npage of such order, together with his registration serial number, if\\nany. The voter shall then be permitted to vote in the manner otherwise\\nprescribed for voters whose names are found on the registration lists,\\nwhose registration poll records are found in the ledger; or\\n b. He may request, swear to and subscribe an affidavit stating that he\\nhas duly registered to vote, the address in such election district from\\nwhich he registered, that he remains a duly qualified voter in such\\nelection district and that his registration poll record appears to be\\nlost or misplaced, or that his name has been incorrectly omitted from\\nthe list of registered voters. Such affidavit shall be printed on an\\nenvelope and shall contain an acknowledgement that the affiant\\nunderstands that any false statement made therein is perjury punishable\\naccording to law. The voter shall then be permitted to vote a paper\\nballot. Such ballot shall thereupon be placed in the envelope containing\\nhis affidavit, and the envelope sealed and returned to the board of\\neducation with other records of the meeting or election.\\n 2. a. Before certifying the result of any school district meeting or\\nelection at which voters are required to sign their registration poll\\nrecords or the list of registered voters before voting, the board of\\neducation shall proceed in the manner hereinafter prescribed to cast and\\ncanvass any ballots voted by voters whose registration poll records were\\nmissing or whose names did not appear on the list of registered voters\\non the day of such meeting or election. Each such ballot shall be\\nretained in the original envelope containing the voter's affidavit and\\nsignature, in which it is delivered to the board of education until such\\ntime as it is to be cast and canvassed.\\n b. The board of education shall designate itself or such of its\\nemployees as it shall deem appropriate as a set of poll clerks to cast\\nand canvass such ballots, and fix a time and place for their meeting for\\nsuch purposes, provided that such meeting shall be no more than ten days\\nafter any election at which such ballots are voted. The board may\\ndesignate additional sets of poll clerks and if it designates more than\\none such set, shall apportion among all such sets the election districts\\nfrom which such ballots have been received, provided that all such\\nballots from a single election district shall be assigned to a single\\nset of clerks. Each such set of clerks shall be deemed a central board\\nof inspectors for purposes of this section.\\n c. At least five days prior to the time fixed for such meeting, the\\nboard shall send notice by first class mail to each candidate entitled\\nto have had watchers or challengers present at the polls in any election\\ndistrict from which any such ballot has been received, or, if such\\nnotice is sent prior to the day of the election, to each such candidate\\nso entitled for each election district in the board's jurisdiction. Such\\nnotice shall state the time and place fixed by the board for such\\ncanvass.\\n d. Each such candidate shall be entitled to appoint such number of\\nwatchers or challengers to attend upon each central board of inspectors\\nas such candidate was entitled to appoint at such election in any one\\nelection district for which such central board of inspectors is\\ndesignated to act.\\n 3. Upon assembling at the time and place fixed for such meeting, each\\ncentral board of inspectors shall consider each affidavit envelope and\\nballot from the election districts assigned to it.\\n a. First, the central board of inspectors shall reject any ballot not\\nfound sealed in the envelope in which it was placed at the polling\\nplace, second the ballot of any voter for whom there is no registration\\npoll record or central registration record in the office of the board of\\nelections.\\n b. The central board of inspectors shall then proceed to consider,\\ncast, and canvass the remaining envelopes and the ballots therein\\ncontained as nearly as practicable in the manner provided by this\\nchapter for a board of inspectors to consider, cast, and canvass paper\\nballots at school district meetings or elections.\\n c. Any person lawfully present may object to the refusal to cast or\\ncanvass any ballot on the grounds that the voter is a properly qualified\\nvoter of the election district, or to the casting or canvassing of any\\nballot on the grounds that the voter is not a properly qualified voter\\nof the election district, or otherwise not entitled to cast such ballot.\\nWhen any such objection is made, the board of education shall forthwith\\nproceed to determine such objection and reject or cast such ballot\\naccording to such determination.\\n d. Upon completing the casting and canvassing of ballots as\\nhereinabove provided for any election district, the central board of\\ninspectors shall thereupon, as nearly as practicable in the manner\\nprovided in this section, verify the number of ballots so cast, tally\\nthe votes so cast, add such tally to the previous tally of all votes\\ncast in such election district, and announce the result.\\n 4. Whenever the ballot of any person, voted in an affidavit envelope\\nin the manner prescribed by this section, is rejected under the\\nprovisions of this section on the grounds that such person is not a\\nqualified voter of the election district wherein he sought to vote, the\\nboard of education shall immediately notify such person by first class\\nmail directed to the address given in his affidavit, of the rejection of\\nhis ballot, together with the reason therefor and the appropriate\\ninformation on the times and places where he may register or reregister.\\nWhere appropriate, a form of application for personal registration by\\nmail pursuant to the election law shall be included with such notice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2020", "title" : "Penalty for false declaration or unauthorized vote", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2020", "activeDate" : "2014-09-22", "sequenceNo" : 817, "repealedDate" : null, "fromSection" : "2020", "toSection" : "2020", "text" : " § 2020. Penalty for false declaration or unauthorized vote. 1. A\\nperson who shall wilfully make a false statement to a board of\\nregistration, or to any member or members thereof, or the clerk of the\\ndistrict, for the purpose of having his name placed upon the register,\\nas provided for in section two thousand fifteen, shall be guilty of a\\nmisdemeanor.\\n 2. A person who shall wilfully make a false declaration of his right\\nto vote at a school district meeting or election after his right to vote\\nthereat has been challenged, shall be deemed guilty of a misdemeanor.\\n 3. Any person not qualified to vote at such meeting or election, who\\nshall vote thereat, shall thereby forfeit ten dollars, to be sued for by\\nthe supervisor for the benefit of the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2021", "title" : "Powers of voters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2021", "activeDate" : "2014-09-22", "sequenceNo" : 818, "repealedDate" : null, "fromSection" : "2021", "toSection" : "2021", "text" : " § 2021. Powers of voters. The inhabitants entitled to vote, when duly\\nassembled in any district meeting, shall have power, by a majority of\\nthe votes of those present and voting:\\n 1. In common school districts, to appoint a chairman.\\n 2. To appoint a clerk for the time if the district clerk is absent.\\n 3. To adjourn from time to time as occasion may require, except that\\nwhere a special district meeting shall have been called by a board of\\neducation for the purpose of voting upon an appropriation and the hours\\nof voting shall have been fixed by the board as provided in subdivision\\nthree of section four hundred sixteen of this chapter, the meeting shall\\nnot be adjourned until after the vote shall have been taken and\\ncanvassed upon the proposition submitted.\\n 4. To elect one or three trustees as provided in section sixteen\\nhundred two and a district collector, and in any district which shall so\\ndetermine, as hereinafter provided, to elect a treasurer, at their first\\nmeeting, and so often as such offices or any of them become vacated,\\nexcept as hereinafter provided.\\n 5. To adopt by a vote of a majority of such voters present and voting\\nat the first meeting, or at any subsequent annual meeting, or at any\\nspecial meeting duly called for that purpose, such vote to be\\nascertained by taking and recording the ayes and noes, a resolution to\\nelect a treasurer of said district. If such resolution shall be adopted,\\nsuch voters shall thereupon elect by ballot a treasurer for said\\ndistrict. Any person elected treasurer at any meeting other than an\\nannual meeting, shall hold office until the next annual meeting after\\nsuch election, and until his successor shall be elected or appointed,\\nand thereafter a treasurer shall be elected at each annual meeting for\\nthe term of one year.\\n 6. To fix the amount in which the collector and treasurer shall give\\nbonds for the due and faithful performance of the duties of their\\noffices.\\n 7. To designate a site for a schoolhouse, or for grounds to be used\\nfor playgrounds, or for agricultural, athletic center and social center\\npurposes, or, with the consent of the district superintendent of schools\\nwithin whose district the school district lies, to designate sites for\\ntwo or more schoolhouses for the district. Such designation of a site\\nfor a schoolhouse, or for such grounds, can be made only at a special\\nmeeting of the district, duly called for such purpose by a written\\nresolution in which the proposed site shall be described by metes and\\nbounds, and which resolution must receive the assent of a majority of\\nthe qualified voters present and voting, to be ascertained by taking and\\nrecording the ayes and noes, or by ballot.\\n 8. To vote a tax upon the taxable property of the district, to\\npurchase, lease and improve such sites or an addition to such sites and\\ngrounds for the purposes specified in the preceding subdivision, to hire\\nor purchase rooms or buildings for school rooms or schoolhouses, or to\\nbuild schoolhouses; to keep in repair and furnish the same with\\nnecessary fuel, furniture and appurtenances, and to purchase such\\nimplements, apparatus and supplies as may be necessary to provide\\ninstruction in agriculture and other subjects, and for the organization\\nand conduct of athletic, playground and other social center work.\\n 9. To designate any former schoolhouse and appurtenances, or any part\\nthereof, the title to which is vested in the board, as a public library\\nbuilding, and to vote a tax on the taxable property of the district,\\npursuant to section two hundred fifty-five of this chapter, to pay the\\ncost of necessary alterations and equipment to convert such schoolhouse\\nor part thereof to library use.\\n 10. To vote a tax, not exceeding twenty-five dollars in any one year,\\nfor the purchase of maps, globes, reproductions of standard works of\\nart, blackboards and other school apparatus, and for the purchase of\\ntext-books and other school necessaries for the use of needy pupils of\\nthe district.\\n 11. To vote a tax for the establishment of a school library and the\\nmaintenance thereof, or for the support of any school library already\\nowned by said district, and for the purchase of books therefor, and such\\nsum as they may deem necessary for the purchase of a bookcase or\\nbookcases.\\n 12. To vote a tax to supply a deficiency in any former tax arising\\nfrom such tax being, in whole or in part, uncollectible.\\n 13. To authorize the trustees to cause the schoolhouses, and their\\nfurniture, appurtenances and school apparatus to be insured by any\\ninsurance company created by or under the laws of this state, or any\\nother insurance company authorized by law to transact business in this\\nstate.\\n 14. To alter, repeal and modify their proceedings, from time to time,\\nas occasion may require.\\n 15. To vote a tax for the purchase of a book for the purpose of\\nrecording their proceedings.\\n 16. To vote a tax to replace moneys of the district, lost or embezzled\\nby district officers; and to pay the reasonable expenses incurred by\\ndistrict officers in defending suits or appeals brought against them for\\ntheir official acts, or in prosecuting suits or appeals by direction of\\nthe district against other parties.\\n 17. To vote a tax to pay whatever deficiency there may be in teachers'\\nsalaries after the public money apportioned to the district shall have\\nbeen applied thereto.\\n 18. To vote a tax to pay and satisfy of record any judgments of a\\ncompetent court which may have been or shall hereafter be obtained in an\\naction against the trustees of the district for unpaid teachers'\\nsalaries, where the time to appeal from said judgments shall have\\nlapsed, or there shall be no intent to appeal on the part of such\\ndistrict, or the said judgments are or shall be of the court of last\\nresort.\\n 19. To provide, by tax or otherwise, for the conveyance of pupils\\nresiding in a school district, (a) to the elementary or high schools, or\\nboth, maintained in such district and/or (b) to the elementary or high\\nschools, or both, in any city or district with which an education\\ncontract shall have been made, and/or (c) to the elementary or high\\nschools, or both, other than public, situated within the district or an\\nadjacent district or city, whenever such district shall have contracted\\nwith the school authorities of any city, or with another school\\ndistrict, for the education therein of the pupils residing in such\\nschool district, or whenever in any school district pupils of school age\\nshall reside so remote from the schoolhouse therein or the elementary or\\nhigh school they legally attend, within or without the district, that\\nthey are practically deprived of school advantages during any portion of\\nthe school year.\\n 20. To authorize the trustees or board of education, with the consent\\nof the commissioner of transportation, to furnish lighting facilities\\nand janitorial care for any highway underpass located within their\\ndistrct and supervision thereof during the time the same is used by\\npupils in arriving at or leaving the school premises, whenever such\\nhighway underpass has been constructed by the state and the use thereof\\nis essential for the safety of pupils.\\n 21. To vote a tax to provide funds which may be utilized to meet\\nexpenses during the first one hundred twenty days of the fiscal year\\nfollowing the fiscal year in which such tax is collected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2022", "title" : "Vote on school district budgets and on the election of school district trustees and board of education members", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2017-01-13", "2017-07-07", "2017-08-18", "2019-04-19" ], "docLevelId" : "2022", "activeDate" : "2014-09-22", "sequenceNo" : 819, "repealedDate" : null, "fromSection" : "2022", "toSection" : "2022", "text" : " * § 2022. Vote on school district budgets and on the election of\\nschool district trustees and board of education members. 1.\\nNotwithstanding any law, rule or regulation to the contrary, the\\nelection of trustees or members of the board of education, and the vote\\nupon the appropriation of the necessary funds to meet the estimated\\nexpenditures, in any common school district, union free school district,\\ncentral school district or central high school district shall be held at\\nthe annual meeting and election on the third Tuesday in May, provided,\\nhowever, that such election shall be held on the second Tuesday in May\\nif the commissioner at the request of a local school board certifies no\\nlater than March first that such election would conflict with religious\\nobservances. The sole trustee, board of trustees or board of education\\nof every common, union free, central or central high school district and\\nevery city school district to which this article applies shall hold a\\nbudget hearing not less than seven nor more than fourteen days prior to\\nthe annual meeting and election or special district meeting at which a\\nschool budget vote will occur, and shall prepare and present to the\\nvoters at such budget hearing a proposed school district budget for the\\nensuing school year.\\n 2. Except as provided in subdivision four of this section, nothing in\\nthis section shall preclude the trustees or board of education, in their\\ndiscretion, from submitting additional items of expenditure to the\\nvoters for approval as separate propositions or the voters from\\nsubmitting propositions pursuant to sections two thousand eight and two\\nthousand thirty-five of this part; provided however that such\\npropositions shall be subject to the requirements set forth in\\nsubdivision nine of section two thousand twenty-three-a of this part.\\n 2-a. Every common, union free, central, central high school district\\nand city school district to which this article applies shall mail a\\nschool budget notice to all qualified voters of the school district\\nafter the date of the budget hearing, but no later than six days prior\\nto the annual meeting and election or special district meeting at which\\na school budget vote will occur. The school budget notice shall compare\\nthe percentage increase or decrease in total spending under the proposed\\nbudget over total spending under the school district budget adopted for\\nthe current school year, with the percentage increase or decrease in the\\nconsumer price index, from January first of the prior school year to\\nJanuary first of the current school year, and shall also include the\\ninformation required by paragraphs a and b of this subdivision. The\\nnotice shall also set forth the date, time and place of the school\\nbudget vote, in the same manner as in the notice of annual meeting, and\\nshall also include the district's tax levy limit pursuant to section two\\nthousand twenty-three-a of this part, and the estimated school tax levy,\\nexcluding any levy necessary to support the expenditures pursuant to\\nsubparagraphs (i) through (iv) of paragraph i of subdivision two of\\nsection two thousand twenty-three-a of this part, that would result from\\nadoption of the proposed budget. Such notice shall be in a form\\nprescribed by the commissioner.\\n a. Commencing with the proposed budget for the two thousand one--two\\nthousand two school year, such notice shall also include a description\\nof how total spending and the tax levy resulting from the proposed\\nbudget would compare with a projected contingency budget adopted\\npursuant to section two thousand twenty-three of this article, assuming\\nthat such contingency budget is adopted on the same day as the vote on\\nthe proposed budget. Such comparison shall be in total and by component\\n(program, capital and administrative), and shall include a statement of\\nthe assumptions made in estimating the projected contingency budget.\\n b. Commencing with the proposed budget for the two thousand eight--two\\nthousand nine school year, such notice shall also include, in a format\\nprescribed by the commissioner, an estimate of the tax savings that\\nwould be available to an eligible homeowner under the basic school tax\\nrelief (STAR) exemption authorized by section four hundred twenty-five\\nof the real property tax law if the proposed budget were adopted. Such\\nestimate shall be made in the manner prescribed by the commissioner, in\\nconsultation with the office of real property services.\\n 3. In all elections for trustees or members of boards of education or\\nvotes involving the expenditure of money, or authorizing the levy of\\ntaxes, the vote thereon shall be by ballot, or, in school districts that\\nprior to nineteen hundred ninety-eight conducted their vote at the\\nannual meeting, may be ascertained by taking and recording the ayes and\\nnoes of such qualified voters attending and voting at such district\\nmeetings.\\n 4. The budget adoption process shall conform to the requirements set\\nforth in section two thousand twenty-three-a of this part. In the event\\nthat the original proposed budget is not approved by the voters, the\\nsole trustee, trustees or board of education may adopt a final budget\\npursuant to subdivision five of this section or resubmit to the voters\\nthe original or a revised budget pursuant to subdivision three of\\nsection two thousand seven of this part. Upon one defeat of such\\nresubmitted budget, the sole trustee, trustees or board of education\\nshall adopt a final budget pursuant to subdivision five of this section.\\nNotwithstanding any other provision of law to the contrary, the school\\ndistrict budget for any school year, or any part of such budget or any\\npropositions involving the expenditure of money for such school year\\nshall not be submitted for a vote of the qualified voters more than\\ntwice.\\n 5. If the qualified voters fail to approve the proposed school\\ndistrict budget upon resubmission or upon a determination not to\\nresubmit for a second vote pursuant to subdivision four of this section,\\nthe sole trustee, trustees or board of education, after applying thereto\\nthe public school moneys and other moneys received or to be received for\\nthat purpose, shall levy a tax for the sum necessary for teachers'\\nsalaries and other ordinary contingent expenses in accordance with the\\nprovisions of this subdivision and sections two thousand twenty-three\\nand two thousand twenty-three-a of this article.\\n 6. Notwithstanding the provisions of subdivision four of section\\neighteen hundred four and subdivision five of section nineteen hundred\\nsix of this title, subdivision one of section two thousand two of this\\narticle, subdivision one of this section, subdivision two of section\\ntwenty-six hundred one-a of this title and any other provision of law to\\nthe contrary, the annual district meeting and election of every common,\\nunion free, central and central high school district and the annual\\nmeeting of every city school district in a city having a population of\\nless than one hundred twenty-five thousand inhabitants that is scheduled\\nto be held on the third Tuesday of May, two thousand three is hereby\\nadjourned until the first Tuesday in June, two thousand three. The\\ntrustees or board of education of each such school district shall\\nprovide notice of such adjourned meeting to the qualified voters in the\\nmanner prescribed for notice of the annual meeting, and such notice\\nshall provide for an adjourned budget hearing. The adjourned district\\nmeeting or district meeting and election shall be deemed the annual\\nmeeting or annual meeting and election of the district for all purposes\\nunder this title and the date of the adjourned meeting shall be deemed\\nthe statewide uniform voting day for all purposes under this title.\\nNotwithstanding the provisions of subdivision seven of section sixteen\\nhundred eight or subdivision seven of section seventeen hundred sixteen\\nof this title or any other provision of law, rule or regulation to the\\ncontrary, in two thousand three the property tax report card shall be\\nsubmitted to the department no later than twenty days prior to the date\\nof the adjourned meeting and the department shall make its compilation\\navailable electronically at least seven days prior to such date.\\n * NB Effective until June 16, 2016\\n * § 2022. Vote on school district budgets and on the election of\\nschool district trustees and board of education members. 1.\\nNotwithstanding any law, rule or regulation to the contrary, the\\nelection of trustees or members of the board of education, and the vote\\nupon the appropriation of the necessary funds to meet the estimated\\nexpenditures, in any common school district, union free school district,\\ncentral school district or central high school district shall be held at\\nthe annual meeting and election on the third Tuesday in May, provided,\\nhowever, that such election shall be held on the second Tuesday in May\\nif the commissioner at the request of a local school board certifies no\\nlater than March first that such election would conflict with religious\\nobservances. When such election or vote is taken by recording the ayes\\nand noes of the qualified voters attending, a majority of the qualified\\nvoters present and voting, by a hand or voice vote, may determine to\\ntake up the question of voting the necessary funds to meet the estimated\\nexpenditures for a specific item separately, and the qualified voters\\npresent and voting may increase the amount of any estimated expenditures\\nor reduce the same, except for teachers' salaries, and the ordinary\\ncontingent expenses of the schools. The sole trustee, board of trustees\\nor board of education of every common, union free, central or central\\nhigh school district and every city school district to which this\\narticle applies shall hold a budget hearing not less than seven nor more\\nthan fourteen days prior to the annual meeting and election or special\\ndistrict meeting at which a school budget vote will occur, and shall\\nprepare and present to the voters at such budget hearing a proposed\\nschool district budget for the ensuing school year.\\n 2. Except as provided in subdivision four of this section, nothing in\\nthis section shall preclude the trustees or board of education, in their\\ndiscretion, from submitting additional items of expenditure to the\\nvoters for approval as separate propositions or the voters from\\nsubmitting propositions pursuant to section two thousand eight and two\\nthousand thirty-five of this article.\\n 2-a. Every common, union free, central, central high school district\\nand city school district to which this article applies shall mail a\\nschool budget notice to all qualified voters of the school district\\nafter the date of the budget hearing, but no later than six days prior\\nto the annual meeting and election or special district meeting at which\\na school budget vote will occur. The school budget notice shall compare\\nthe percentage increase or decrease in total spending under the proposed\\nbudget over total spending under the school district budget adopted for\\nthe current school year, with the percentage increase or decrease in the\\nconsumer price index, from January first of the prior school year to\\nJanuary first of the current school year, and shall also include the\\ninformation required by paragraphs a and b of this subdivision. The\\nnotice shall also set forth the date, time and place of the school\\nbudget vote, in the same manner as in the notice of annual meeting. Such\\nnotice shall be in a form prescribed by the commissioner.\\n a. Commencing with the proposed budget for the two thousand one--two\\nthousand two school year, such notice shall also include a description\\nof how total spending and the tax levy resulting from the proposed\\nbudget would compare with a projected contingency budget adopted\\npursuant to section two thousand twenty-three of this article, assuming\\nthat such contingency budget is adopted on the same day as the vote on\\nthe proposed budget. Such comparison shall be in total and by component\\n(program, capital and administrative), and shall include a statement of\\nthe assumptions made in estimating the projected contingency budget.\\n b. Commencing with the proposed budget for the two thousand eight--two\\nthousand nine school year, such notice shall also include, in a format\\nprescribed by the commissioner, an estimate of the tax savings that\\nwould be available to an eligible homeowner under the basic school tax\\nrelief (STAR) exemption authorized by section four hundred twenty-five\\nof the real property tax law if the proposed budget were adopted. Such\\nestimate shall be made in the manner prescribed by the commissioner, in\\nconsultation with the office of real property services.\\n 3. In all elections for trustees or members of boards of education or\\nvotes involving the expenditure of money, or authorizing the levy of\\ntaxes, the vote thereon shall be by ballot, or, in school districts that\\nprior to nineteen hundred ninety-eight conducted their vote at the\\nannual meeting, may be ascertained by taking and recording the ayes and\\nnoes of such qualified voters attending and voting at such district\\nmeetings.\\n 4. In the event that the original proposed budget is not approved by\\nthe voters, the sole trustee, trustees or board of education may adopt a\\nfinal budget pursuant to subdivision five of this section or resubmit to\\nthe voters the original or a revised budget pursuant to subdivision\\nthree of section two thousand seven of this part. Upon one defeat of\\nsuch resubmitted budget, the sole trustee, trustees or board of\\neducation shall adopt a final budget pursuant to subdivision five of\\nthis section. Notwithstanding any other provision of law to the\\ncontrary, the school district budget for any school year, or any part of\\nsuch budget or any propositions involving the expenditure of money for\\nsuch school year shall not be submitted for a vote of the qualified\\nvoters more than twice.\\n 5. If the qualified voters fail to approve the proposed school\\ndistrict budget upon resubmission or upon a determination not to\\nresubmit for a second vote pursuant to subdivision four of this section,\\nthe sole trustee, trustees or board of education, after applying thereto\\nthe public school moneys and other moneys received or to be received for\\nthat purpose, shall levy a tax for the sum necessary for teachers'\\nsalaries and other ordinary contingent expenses in accordance with the\\nprovisions of this subdivision and section two thousand twenty-three of\\nthis article.\\n 6. Notwithstanding the provisions of subdivision four of section\\neighteen hundred four and subdivision five of section nineteen hundred\\nsix of this title, subdivision one of section two thousand two of this\\narticle, subdivision one of this section, subdivision two of section\\ntwenty-six hundred one-a of this title and any other provision of law to\\nthe contrary, the annual district meeting and election of every common,\\nunion free, central and central high school district and the annual\\nmeeting of every city school district in a city having a population of\\nless than one hundred twenty-five thousand inhabitants that is scheduled\\nto be held on the third Tuesday of May, two thousand three is hereby\\nadjourned until the first Tuesday in June, two thousand three. The\\ntrustees or board of education of each such school district shall\\nprovide notice of such adjourned meeting to the qualified voters in the\\nmanner prescribed for notice of the annual meeting, and such notice\\nshall provide for an adjourned budget hearing. The adjourned district\\nmeeting or district meeting and election shall be deemed the annual\\nmeeting or annual meeting and election of the district for all purposes\\nunder this title and the date of the adjourned meeting shall be deemed\\nthe statewide uniform voting day for all purposes under this title.\\nNotwithstanding the provisions of subdivision seven of section sixteen\\nhundred eight or subdivision seven of section seventeen hundred sixteen\\nof this title or any other provision of law, rule or regulation to the\\ncontrary, in two thousand three the property tax report card shall be\\nsubmitted to the department no later than twenty days prior to the date\\nof the adjourned meeting and the department shall make its compilation\\navailable electronically at least seven days prior to such date.\\n * NB Effective June 16, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2023", "title" : "Levy of tax for certain purposes without vote; contingency budget", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2019-04-19" ], "docLevelId" : "2023", "activeDate" : "2014-09-22", "sequenceNo" : 820, "repealedDate" : null, "fromSection" : "2023", "toSection" : "2023", "text" : " * § 2023. Levy of tax for certain purposes without vote; contingency\\nbudget. 1. If the qualified voters shall neglect or refuse to vote the\\nsum estimated necessary for teachers' salaries, after applying thereto\\nthe public school moneys, and other moneys received or to be received\\nfor that purpose, or if they shall neglect or refuse to vote the sum\\nestimated necessary for ordinary contingent expenses, including the\\npurchase of library books and other instructional materials associated\\nwith a library and expenses incurred for interschool athletics, field\\ntrips and other extracurricular activities and the expenses for\\ncafeteria or restaurant services, the sole trustee, board of trustees,\\nor board of education shall adopt a contingency budget including such\\nexpenses and shall levy a tax, subject to the restrictions as set forth\\nin subdivision four of this section and subdivision eight of section two\\nthousand twenty-three-a of this part, for the same, in like manner as if\\nthe same had been voted by the qualified voters, subject to the\\nlimitations contained in subdivisions three and four of this section.\\n 2. Notwithstanding the defeat of a school budget, school districts\\nshall continue to transport students to and from the regular school\\nprogram in accordance with the mileage limitations previously adopted by\\nthe qualified voters of the school district. Such mileage limits shall\\nchange only when amended by a special proposition passed by a majority\\nof the qualified voters of the school district. In cases where the\\nschool budget is defeated by such qualified voters of the school\\ndistrict, appropriations for transportation costs for purposes other\\nthan for transportation to and from the regular school program, and\\ntransportation that would constitute an ordinary contingent expense\\npursuant to subdivision one of this section, shall be authorized in the\\nbudget only after approval by the qualified voters of the district.\\n 3. The administrative component of a contingency budget shall not\\ncomprise a greater percentage of the contingency budget exclusive of the\\ncapital component than the lesser of (1) the percentage the\\nadministrative component had comprised in the prior year budget\\nexclusive of the capital component; or (2) the percentage the\\nadministrative component had comprised in the last proposed defeated\\nbudget exclusive of the capital component.\\n 4. a. The contingency budget shall not result in a tax levy greater\\nthan the tax levied for the prior school year.\\n b. The resolution of the trustee, board of trustees, or board of\\neducation adopting a contingency budget shall incorporate by reference a\\nstatement specifying the projected percentage increase or decrease in\\ntotal spending for the school year, and explaining the reasons for\\ndisregarding any portion of an increase in spending in formulating the\\ncontingency budget.\\n c. Notwithstanding any other provision of law to the contrary, the\\ntrustees or board of education shall not be authorized to amend or\\nrevise a final contingency budget where such amendment or revision would\\nresult in total spending in excess of the spending limitation in\\nparagraph (a) of this subdivision; provided that the trustees or board\\nof education shall be authorized to add appropriations for the\\nexpenditure of gifts, grants in aid for specific purposes or for general\\nuse or insurance proceeds authorized pursuant to subdivision two of\\nsection seventeen hundred eighteen of this chapter in addition to that\\nwhich has been previously budgeted.\\n * NB Effective until June 16, 2016\\n * § 2023. Levy of tax for certain purposes without vote; contingency\\nbudget. 1. If the qualified voters shall neglect or refuse to vote the\\nsum estimated necessary for teachers' salaries, after applying thereto\\nthe public school moneys, and other moneys received or to be received\\nfor that purpose, or if they shall neglect or refuse to vote the sum\\nestimated necessary for ordinary contingent expenses, including the\\npurchase of library books and other instructional materials associated\\nwith a library and expenses incurred for interschool athletics, field\\ntrips and other extracurricular activities and the expenses for\\ncafeteria or restaurant services, the sole trustee, board of trustees,\\nor board of education shall adopt a contingency budget including such\\nexpenses and shall levy a tax for the same, in like manner as if the\\nsame had been voted by the qualified voters, subject to the limitations\\ncontained in subdivisions three and four of this section.\\n 2. Notwithstanding the defeat of a school budget, school districts\\nshall continue to transport students to and from the regular school\\nprogram in accordance with the mileage limitations previously adopted by\\nthe qualified voters of the school district. Such mileage limits shall\\nchange only when amended by a special proposition passed by a majority\\nof the qualified voters of the school district. In cases where the\\nschool budget is defeated by such qualified voters of the school\\ndistrict, appropriations for transportation costs for purposes other\\nthan for transportation to and from the regular school program, and\\ntransportation that would constitute an ordinary contingent expense\\npursuant to subdivision one of this section, shall be authorized in the\\nbudget only after approval by the qualified voters of the district.\\n 3. The administrative component of a contingency budget shall not\\ncomprise a greater percentage of the contingency budget exclusive of the\\ncapital component than the lesser of (1) the percentage the\\nadministrative component had comprised in the prior year budget\\nexclusive of the capital component; or (2) the percentage the\\nadministrative component had comprised in the last proposed defeated\\nbudget exclusive of the capital component.\\n 4. a. The contingency budget shall not result in a percentage increase\\nin total spending over the district's total spending under the school\\ndistrict budget for the prior school year that exceeds the lesser of:\\n(i) the result obtained when one hundred twenty percent is multiplied by\\nthe percentage increase in the consumer price index, with the result\\nrounded to two decimal places; or (ii) four percent.\\n b. The following types of expenditures shall be disregarded in\\ndetermining total spending:\\n (i) expenditures resulting from a tax certiorari proceeding;\\n (ii) expenditures resulting from a court order or judgment against the\\nschool district;\\n (iii) emergency expenditures that are certified by the commissioner as\\nnecessary as a result of damage to, or destruction of, a school building\\nor school equipment;\\n (iv) capital expenditures resulting from the construction,\\nacquisition, reconstruction, rehabilitation or improvement of school\\nfacilities, including debt service and lease expenditures, subject to\\nthe approval of the qualified voters where required by law;\\n (v) expenditures in the contingency budget attributable to projected\\nincreases in public school enrollment, which, for the purpose of this\\nsubdivision, may include increases attributable to the enrollment of\\nstudents attending a pre-kindergarten program established in accordance\\nwith section thirty-six hundred two-e of this chapter, to be computed\\nbased upon an increase in enrollment from the year prior to the base\\nyear for which the budget is being adopted to the base year for which\\nthe budget is being adopted, provided that where the trustees or board\\nof education have documented evidence that a further increase in\\nenrollment will occur during the school year for which the contingency\\nbudget is prepared because of new construction, inception of a\\npre-kindergarten program, growth or similar factors, the expenditures\\nattributable to such additional enrollment may also be disregarded;\\n (vi) non-recurring expenditures in the prior year's school district\\nbudget; and\\n * (vii) expenditures for payments to charter schools pursuant to\\nsection twenty-eight hundred fifty-six of this chapter.\\n * NB There are 2 sb¶(vii)'s\\n * (vii) expenditures for self-supporting programs. For purposes of\\nthis subparagraph, \"self-supporting programs\" shall mean any programs\\nthat are entirely funded by private funds that cover all the costs of\\nthe program.\\n * NB There are 2 sb¶(vii)'s\\n b-1. Notwithstanding any other provision of this subdivision to the\\ncontrary, in the event a state grant in aid provided to the district in\\nthe prior year is eliminated and incorporated into a non-categorical\\ngeneral state aid in the current school year, the amount of such grant\\nmay be included in the computation of total spending for the prior\\nschool year, provided that the commissioner has verified that the grant\\nin aid has been incorporated into such non-categorical general state\\naid.\\n c. The resolution of the trustee, board of trustees, or board of\\neducation adopting a contingency budget shall incorporate by reference a\\nstatement specifying the projected percentage increase or decrease in\\ntotal spending for the school year, and explaining the reasons for\\ndisregarding any portion of an increase in spending in formulating the\\ncontingency budget.\\n d. Notwithstanding any other provision of law to the contrary, the\\ntrustees or board of education shall not be authorized to amend or\\nrevise a final contingency budget where such amendment or revision would\\nresult in total spending in excess of the spending limitation in\\nparagraph (a) of this subdivision; provided that the trustees or board\\nof education shall be authorized to add appropriations for:\\n (i) the categories of expenditures excluded from the spending\\nlimitations set forth in paragraph (b) of this subdivision, subject to\\napproval of the qualified voters where required by law;\\n (ii) expenditures resulting from an actual increase in enrollment over\\nthe projected enrollment used to develop the contingency budget,\\nprovided that where such actual enrollment is less than such projected\\nenrollment, it shall be the duty of the trustees or board of education\\nto use such excess funds to reduce taxes; and\\n (iii) the expenditure of gifts, grants in aid for specific purposes or\\nfor general use or insurance proceeds authorized pursuant to subdivision\\ntwo of sudivision seventeen hundred eighteen of this chapter in addition\\nto that which has been previously budgeted.\\n e. For the purposes of this subdivision:\\n (i) \"Base school year\" shall mean the school year immediately\\npreceding the school year for which the contingency budget is prepared.\\n (ii) \"Consumer price index\" shall mean the percentage that represents\\nthe average of the national consumer price indexes determined by the\\nUnited States department of labor, for the twelve month period preceding\\nJanuary first of the current year.\\n (iii) \"Current year\" shall mean the calendar year in which the school\\ndistrict budget is submitted for a vote of the qualified voters.\\n (iv) \"Resident public school district enrollment shall mean the\\nresident public school enrollment of the school district as defined in\\nparagraph n of subdivision one of section thirty-six hundred two of this\\nchapter.\\n (v) \"Total spending\" shall mean the total amount appropriated under\\nthe school district budget for the school year.\\n * NB Effective June 16, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2023-A", "title" : "Limitations upon school district tax levies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2019-04-19" ], "docLevelId" : "2023-A", "activeDate" : "2014-09-22", "sequenceNo" : 821, "repealedDate" : null, "fromSection" : "2023-A", "toSection" : "2023-A", "text" : " * § 2023-a. Limitations upon school district tax levies. 1. Generally.\\nUnless otherwise provided by law, the amount of taxes that may be levied\\nby or on behalf of any school district, other than a city school\\ndistrict of a city with one hundred twenty-five thousand inhabitants or\\nmore, shall not exceed the tax levy limit established pursuant to this\\nsection, not including any tax levy necessary to support the\\nexpenditures pursuant to subparagraphs (i) through (iv) of paragraph i\\nof subdivision two of this section.\\n 2. Definitions. As used in this section:\\n a. \"Allowable levy growth factor\" shall be the lesser of: (i) one and\\ntwo one-hundredths; or (ii) the sum of one plus the inflation factor;\\nprovided, however, that in no case shall the levy growth factor be less\\nthan one.\\n b. \"Available carryover\" means the amount by which the tax levy for\\nthe prior school year was below the applicable tax levy limit for such\\nschool year, if any, but no more than an amount that equals one and\\none-half percent of the tax levy limit for such school year.\\n c. \"Capital local expenditures\" means the taxes associated with\\nbudgeted expenditures resulting from the financing, refinancing,\\nacquisition, design, construction, reconstruction, rehabilitation,\\nimprovement, furnishing and equipping of, or otherwise providing for\\nschool district capital facilities or school district capital equipment,\\nincluding debt service and lease expenditures, and transportation\\ncapital debt service, subject to the approval of the qualified voters\\nwhere required by law.\\n d. \"Capital tax levy\" means the tax levy necessary to support capital\\nlocal expenditures, if any.\\n e. \"Coming school year\" means the school year for which tax levy\\nlimits are being determined pursuant to this section.\\n f. \"Inflation factor\" means the quotient of: (i) the average of the\\nnational consumer price indexes determined by the United States\\ndepartment of labor for the twelve-month period preceding January first\\nof the current year minus the average of the national consumer price\\nindexes determined by the United States department of labor for the\\ntwelve-month period preceding January first of the prior year, divided\\nby: (ii) the average of the national consumer price indexes determined\\nby the United States department of labor for the twelve-month period\\npreceding January first of the prior year, with the result expressed as\\na decimal to four places.\\n g. \"Prior school year\" means the school year immediately preceding the\\ncoming school year.\\n h. \"School district\" means a common school district, union free school\\ndistrict, central school district, central high school district or a\\ncity school district in a city with less than one hundred twenty-five\\nthousand inhabitants.\\n i. \"Tax levy limit\" means the amount of taxes a school district is\\nauthorized to levy pursuant to this section, provided, however, that the\\ntax levy limit shall not include the following:\\n (i) a tax levy necessary for expenditures resulting from court orders\\nor judgments against the school district arising out of tort actions for\\nany amount that exceeds five percent of the total tax levied in the\\nprior school year;\\n (ii) in years in which the system average actuarial contribution rate\\nof the New York state and local employees' retirement system, as defined\\nby paragraph ten of subdivision a of section nineteen-a of the\\nretirement and social security law, increases by more than two\\npercentage points from the previous year, a tax levy necessary for\\nexpenditures for the coming fiscal year for school district employer\\ncontributions to the New York state and local employees' retirement\\nsystem caused by growth in the system average actuarial contribution\\nrate minus two percentage points;\\n (iii) in years in which the normal contribution rate of the New York\\nstate teachers' retirement system, as defined by paragraph a of\\nsubdivision two of section five hundred seventeen of this chapter,\\nincreases by more than two percentage points from the previous year, a\\ntax levy necessary for expenditures for the coming fiscal year for\\nschool district employer contributions to the New York state teachers'\\nretirement system caused by growth in the normal contribution rate minus\\ntwo percentage points; and\\n (iv) a capital tax levy.\\n 2-a. Tax base growth factor. a. No later than February fifteenth of\\neach year, the commissioner of taxation and finance shall identify those\\nschool districts for which tax base growth factors must be determined\\nfor the coming school year, and shall notify the commissioner of the tax\\nbase growth factors so determined, if any.\\n b. The commissioner of taxation and finance shall calculate a quantity\\nchange factor for the coming school year for each school district based\\nupon the physical or quantity change, as defined by section twelve\\nhundred twenty of the real property tax law, reported to the\\ncommissioner of taxation and finance by the assessor or assessors\\npursuant to section five hundred seventy-five of the real property tax\\nlaw. The quantity change factor shall show the percentage by which the\\nfull value of the taxable real property in the school district has\\nchanged due to physical or quantity change between the second final\\nassessment roll or rolls preceding the final assessment roll or rolls\\nupon which taxes are to be levied, and the final assessment roll or\\nrolls immediately preceding the final assessment roll or rolls upon\\nwhich taxes are to be levied.\\n c. After determining the quantity change factor for a school district,\\nthe commissioner of taxation and finance shall proceed as follows:\\n (i) If the quantity change factor is negative, the commissioner of\\ntaxation and finance shall not determine a tax base growth factor for\\nthe school district.\\n (ii) If the quantity change factor is positive, the commissioner of\\ntaxation and finance shall determine a tax base growth factor for the\\nschool district which is equal to one plus the quantity change factor.\\n 3. Computation of tax levy limits. a. Each school district shall\\ncalculate the tax levy limit for each school year which shall be\\ndetermined as follows:\\n (1) Ascertain the total amount of taxes levied for the prior school\\nyear.\\n (2) Multiply the result by the tax base growth factor, if any.\\n (3) Add any payments in lieu of taxes that were receivable in the\\nprior school year.\\n (4) Subtract the tax levy necessary to support the expenditures\\npursuant to subparagraphs (i) and (iv) of paragraph i of subdivision two\\nof this section for the prior school year, if any.\\n (5) Multiply the result by the allowable levy growth factor.\\n (6) Subtract any payments in lieu of taxes receivable in the coming\\nfiscal year.\\n (7) Add the available carryover, if any.\\n b. On or before March first of each year, any school district subject\\nto the provisions of this section shall submit to the state comptroller,\\nthe commissioner, and the commissioner of taxation and finance, in a\\nform and manner prescribed by the state comptroller, any information\\nnecessary for the calculation of the tax levy limit; and the school\\ndistrict's determination of the tax levy limit pursuant to this section\\nshall be subject to review by the commissioner and the commissioner of\\ntaxation and finance.\\n 4. Reorganized school districts. When two or more school districts\\nreorganize, the commissioner shall determine the tax levy limit for the\\nreorganized school district for the first school year following the\\nreorganization based on the respective tax levy limits of the school\\ndistricts that formed the reorganized district from the last school year\\nin which they were separate districts, provided that in the event of\\nformation of a new central high school district, the tax levy limits for\\nthe new central high school district and its component school districts\\nshall be determined in accordance with a methodology prescribed by the\\ncommissioner.\\n 5. Erroneous levies. In the event a school district's actual tax levy\\nfor a given school year exceeds the maximum allowable levy as\\nestablished pursuant to this section due to clerical or technical\\nerrors, the school district shall place the excess amount of the levy in\\nreserve in accordance with such requirements as the state comptroller\\nmay prescribe, and shall use such funds and any interest earned thereon\\nto offset the tax levy for the ensuing school year.\\n 6. (a) Notwithstanding any other provision of law to the contrary, in\\nthe event the trustee, trustees or board of education of a school\\ndistrict that is subject to the provisions of this section proposes a\\nbudget that will require a tax levy that exceeds the tax levy limit for\\nthe corresponding school year, not including any levy necessary to\\nsupport the expenditures pursuant to subparagraphs (i) through (iv) of\\nparagraph i of subdivision two of this section, then such budget shall\\nbe approved if sixty percent of the votes cast thereon are in the\\naffirmative.\\n (b) Where the trustee, trustees or board of education proposes a\\nbudget subject to the requirements of paragraph (a) of this subdivision,\\nthe ballot for such budget shall include the following statement in\\nsubstantially the same form: \"Adoption of this budget requires a tax\\nlevy increase of which exceeds the statutory tax levy increase\\nlimit of for this school fiscal year and therefore exceeds the\\nstate tax cap and must be approved by sixty percent of the qualified\\nvoters present and voting.\"\\n 7. In the event that the original proposed budget is not approved by\\nthe voters, the sole trustee, trustees or board of education may adopt a\\nfinal budget pursuant to subdivision eight of this section or resubmit\\nto the voters the original or a revised budget at a special district\\nmeeting in accordance with subdivision three of section two thousand\\nseven of this part. Upon one defeat of such resubmitted budget, the sole\\ntrustee, trustees or board of education shall adopt a final budget\\npursuant to subdivision eight of this section.\\n 8. Notwithstanding any other provision of law to the contrary, if the\\nqualified voters fail to approve the proposed school district budget\\nupon resubmission or upon a determination not to resubmit for a second\\nvote pursuant to subdivision seven of this section, the sole trustee,\\ntrustees or board of education shall levy a tax no greater than the tax\\nthat was levied for the prior school year.\\n 9. Nothing in this section shall preclude the trustee, trustees, or\\nboard of education of a school district, in their discretion, from\\nsubmitting additional items of expenditures to the voters for approval\\nas separate propositions or the voters from submitting propositions\\npursuant to sections two thousand eight and two thousand thirty-five of\\nthis part; provided however, except in the case of a proposition\\nsubmitted for any expenditure contained within subparagraphs (i) through\\n(iv) of paragraph i of subdivision two of this section, if any\\nproposition, or propositions collectively that are subject to a vote on\\nthe same date, would require an expenditure of money that would require\\na tax levy and would result in the tax levy limit being exceeded for the\\ncorresponding school year then such proposition shall be approved if\\nsixty percent of the votes cast thereon are in the affirmative.\\n * NB Repealed June 16, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2023-B", "title" : "Certification of compliance with property tax freeze requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-27", "2019-11-15", "2020-04-24" ], "docLevelId" : "2023-B", "activeDate" : "2014-09-22", "sequenceNo" : 822, "repealedDate" : null, "fromSection" : "2023-B", "toSection" : "2023-B", "text" : " § 2023-b. Certification of compliance with property tax freeze\\nrequirements. A school district that is subject to the provisions of\\nsection two thousand twenty-three-a of this part must comply with the\\nrequirements of subdivision two of this section in order to render its\\ntaxpayers eligible for the real property tax freeze credit authorized by\\nsubsection (bbb) of section six hundred six of the tax law for a fiscal\\nyear starting in two thousand fourteen. The property tax cuts will be\\nextended for a second year in jurisdictions which comply with the tax\\ncap and have a state approved government efficiency plan which\\ndemonstrate three year savings and efficiencies of at least one percent\\nper year from shared services, cooperation agreements and/or mergers or\\nefficiencies. The director of the budget shall consider past\\nefficiencies, shared services and reforms in their approval process.\\nWhile localities may offer a variety of approaches it is anticipated\\nthat the county government or board of cooperative educational services\\nwill convene and facilitate a process and submit a county wide or board\\nof cooperative educational services region wide plan for approval. A\\nschool district that is subject to the provisions of section two\\nthousand twenty-three-a of this part must comply with the requirements\\nof subdivision two and either subdivision three or subdivision four of\\nthis section in order to render its taxpayers eligible for the real\\nproperty tax freeze credit authorized by subsection (bbb) of section six\\nhundred six of the tax law for a fiscal year starting in two thousand\\nfifteen.\\n 1. Definitions. As used in this section:\\n a. \"Mergers\" means: reorganizations of eligible school districts\\npursuant to sections fifteen hundred five, fifteen hundred eleven\\nthrough fifteen hundred thirteen, fifteen hundred twenty-four, fifteen\\nhundred twenty-six, seventeen hundred five, eighteen hundred one through\\neighteen hundred three, or twenty-two hundred eighteen of the education\\nlaw; or reorganizations, consolidations, or dissolutions of eligible\\nschool districts in which one or more eligible school districts are\\nterminated and another eligible school district assumes jurisdiction\\nover the terminated school district or districts pursuant to any other\\nprovision of law.\\n b. \"Cooperation agreements\" means agreements entered into between\\neligible school districts to implement the sharing or consolidation of\\nfunctions or services, including but not limited to: procurement, real\\nestate and facility management, fleet management, business and financial\\nservices, administrative services, payroll administration, time and\\nattendance, benefits administration and other transactional human\\nresources functions, contract management, grants management,\\ntransportation services, facilities and function, human services\\nfacilities and functions, customer service facilities and functions and\\ninformation technology infrastructure, process, services and functions.\\n c. \"Eligible school district\" means a school district that is subject\\nto section two thousand twenty-three-a of this part, but shall not mean\\na school district that is subject to article fifty-two of this chapter.\\n d. \"Government efficiency plan\" means a plan that identifies\\ncooperation agreements, shared services and/or mergers or efficiencies\\nto be fully implemented by one or more eligible school districts that\\nare signatories to the plan.\\n e. \"Lead district\" means the eligible school district that is\\nparticipating in a government efficiency plan with more than one\\nsignatory that has elected to submit the government efficiency plan to\\nthe director of the budget on behalf of all signatories to the plan.\\n f. \"Shared services\" means functional consolidations by which one\\neligible school district completely provides a service or function for\\nanother eligible school district, which no longer engages in that\\nfunction or service; shared or cooperative services between and among\\neligible school districts; and regionalized delivery of services between\\nand among eligible school districts. These shared services may be for\\nservices or functions including but not limited to: procurement, real\\nestate and facility management, fleet management, business and financial\\nservices, administrative services, payroll administration, time and\\nattendance, benefits administration and other transactional human\\nresources functions, contract management, grants management,\\ntransportation services, facilities and functions, human services\\nfacilities and functions, customer service facilities and functions and\\ninformation technology infrastructure, processes, services and\\nfunctions.\\n 2. Certification of compliance with tax levy limit. a. Upon the\\nadoption of the budget of an eligible school district, the chief\\nexecutive officer of such school district shall certify to the state\\ncomptroller, the commissioner of taxation and finance and the\\ncommissioner that the budget so adopted does not exceed the tax levy\\nlimit prescribed by section two thousand twenty-three-a of this part.\\nSuch certification shall be made in a form and manner prescribed by the\\nstate comptroller in consultation with the commissioner of taxation and\\nfinance and the commissioner.\\n b. In order for such certification to give rise to a real property tax\\nfreeze credit under subsection (bbb) of section six hundred six of the\\ntax law, such certification shall be made no later than the twenty-first\\nday of the fiscal year to which it applies.\\n c. If such a certification has been made and the actual tax levy of\\nthe school district exceeds the applicable tax levy limit, the excess\\namount shall be placed in reserve and used in the manner prescribed by\\nsubdivision five of section two thousand twenty-three-a of this part,\\neven if a tax levy in excess of the tax levy limit had been duly\\nauthorized for the applicable fiscal year by the school district voters.\\n d. Notwithstanding any provision of law to the contrary, every school\\ndistrict that is subject to the provisions of section two thousand\\ntwenty-three-a of this part shall report both its proposed budget and\\nits adopted budget to the office of the state comptroller and the\\ncommissioner at the time and in the manner as they may prescribe,\\nwhether or not such budget has been or will be certified as provided by\\nthis subdivision.\\n 3. School district government efficiency plans submitted by lead\\ndistrict. a. The superintendent of each lead district shall submit to\\nthe director of the budget by June first, two thousand fifteen, a\\ngovernment efficiency plan that demonstrates three year savings and\\nefficiencies of at least one percent per year from shared services,\\ncooperation agreements and/or mergers or efficiencies over the aggregate\\ntwo thousand fourteen--two thousand fifteen school year tax levies for\\nall eligible school districts that are signatories to such plan.\\n (i) The superintendent of each eligible school district that is a\\nsignatory to a government efficiency plan shall submit to the\\nsuperintendent of the lead district by May fifteenth, two thousand\\nfifteen, a written certification that the eligible school district\\nagrees to undertake its best efforts to fully implement by the end of\\nthe two thousand sixteen--two thousand seventeen school year the\\ncooperation agreements, mergers, efficiencies and/or shared services\\nspecified for the eligible school district in such plan.\\n (ii) The chief financial officer of a school district that is a\\nsignatory to a government efficiency plan shall submit to the\\nsuperintendent of the lead district by May fifteenth, two thousand\\nfifteen, a written certification that in his or her professional\\nopinion, full implementation by the end of the two thousand sixteen--two\\nthousand seventeen school year of the cooperation agreements, mergers,\\nefficiencies and/or shared services that are to be taken by such school\\ndistrict itself as specified in such plan will result in the savings set\\nforth in such plan attributable to such school district.\\n (iii) The chief financial officer of each eligible school district\\nthat is a signatory to a government efficiency plan shall submit to the\\nlead district by May fifteenth, two thousand fifteen, a written\\ncertification that in his or her professional opinion, full\\nimplementation of the cooperation agreements, mergers, efficiencies\\nand/or shared services as specified for all of the eligible school\\ndistricts that are signatories to such plan will result in savings over\\nthe aggregate two thousand fourteen--two thousand fifteen school year\\ntax levies for all eligible school districts that are signatories to\\nsuch plan of at least one percent in each of the two thousand\\nsixteen--two thousand seventeen, the two thousand seventeen--two\\nthousand eighteen and the two thousand eighteen--two thousand nineteen\\nschool years.\\n b. The chief financial officer of each lead district shall submit the\\nfollowing documents to the director of the budget on or before June\\nfirst, two thousand fifteen: (i) the government efficiency plan; (ii) a\\nlist of all eligible school districts that are signatories to such plan;\\n(iii) all of the certifications required by paragraph a of this\\nsubdivision; and (iv) an analysis of the aggregate amount of savings set\\nforth in such plan attributable to all eligible school districts that\\nare signatories to such plan that will be achieved if the cooperation\\nagreements, mergers, efficiencies and/or shared services identified in\\nsuch plan are fully implemented by the end of the two thousand\\nsixteen--two thousand seventeen school year. The director of the budget\\nshall review such documents and shall consider past efficiencies, shared\\nservices and reforms in their approval process to determine whether the\\nrequirements of this subdivision have been met with respect to each\\neligible school district that is a signatory to the government\\nefficiency plan and shall notify the commissioner of taxation and\\nfinance of such determinations no later than July thirty-first, two\\nthousand fifteen.\\n 4. School district government efficiency plans submitted by a single\\neligible school district. a. While localities may offer a variety of\\napproaches it is anticipated that the county government or board of\\ncooperative educational services will convene and facilitate a process\\nand submit a county wide or board of cooperative educational services\\nregion wide plan for approval. As such, eligible school districts are\\nstrongly encouraged to develop a single government efficiency plan for\\nall of the eligible school districts in their board of cooperation\\neducational services district. However, the superintendent of each\\neligible school district that is not participating in a government\\nefficiency plan with more than one signatory may submit to the director\\nof the budget by June first, two thousand fifteen, a government\\nefficiency plan that demonstrates three year savings and efficiencies of\\nat least one percent per year from shared services, cooperation\\nagreements and/or mergers or efficiencies over such eligible school\\ndistrict's two thousand fourteen--two thousand fifteen school year tax\\nlevy.\\n (i) In the event an eligible school district chooses to submit such a\\ngovernment efficiency plan, the superintendent of such eligible school\\ndistrict shall submit to the director of the budget by June first, two\\nthousand fifteen, a written certification that such eligible school\\ndistrict agrees to undertake its best efforts to fully implement by the\\nend of the two thousand sixteen--two thousand seventeen school year the\\ncooperation agreements, mergers, efficiencies and/or shared services\\nspecified in such plan.\\n (ii) In the event a school district chooses to submit such a\\ngovernment efficiency plan, the chief financial officer of such eligible\\nschool district shall submit to the director of the budget by June\\nfirst, two thousand fifteen, an analysis of the savings set forth in\\nsuch plan that will be achieved if the cooperation agreements, shared\\nservices and/or mergers or efficiencies identified in such plan are\\nfully implemented by the end of the two thousand sixteen--two thousand\\nseventeen school year, as well as a written certification that in his or\\nher professional opinion, full implementation of the cooperation\\nagreements, mergers, efficiencies and/or shared services as specified in\\nsuch plan will result in savings over its two thousand fourteen--two\\nthousand fifteen school year tax levy of at least one percent in each of\\nthe two thousand sixteen--two thousand seventeen, the two thousand\\nseventeen--two thousand eighteen and the two thousand eighteen--two\\nthousand nineteen school years.\\n b. The director of the budget shall review the documents referred to\\nin paragraph a of this subdivision and shall consider past efficiencies,\\nshared services and reforms in their approval process to determine\\nwhether the requirements of this subdivision have been met with respect\\nto an eligible school district that has submitted a government\\nefficiency plan and shall notify the commissioner of taxation and\\nfinance of such determination no later than July thirty-first, two\\nthousand fifteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2024", "title" : "Reference to commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2024", "activeDate" : "2014-09-22", "sequenceNo" : 823, "repealedDate" : null, "fromSection" : "2024", "toSection" : "2024", "text" : " § 2024. Reference to commissioner of education. If any question shall\\narise as to what are ordinary contingent expenses the same may be\\nreferred to the commissioner of education, by a statement in writing,\\nsigned by one or more of each of the opposing parties upon the question,\\nand the decision of the commissioner shall be conclusive.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2025", "title" : "Procedures at school district meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2025", "activeDate" : "2014-09-22", "sequenceNo" : 824, "repealedDate" : null, "fromSection" : "2025", "toSection" : "2025", "text" : " § 2025. Procedures at school district meetings. 1. District meetings\\nin common school districts shall be called to order by the trustee or\\nthe chairman of the board of trustees or by a person chosen by the\\ntrustee or trustees. The qualified voters present and voting shall\\nnominate and elect a qualified voter of the district as permanent\\nchairman.\\n 2. In union free and central school districts the board of education\\nshall appoint a qualified voter of the district as permanent chairman of\\neach meeting or election to call such meeting or election to order. When\\nhours have been set for voting in the notice of meeting or election, the\\nchairman shall declare the polls open and closed at the appropriate\\ntime. No motions shall be in order during the hours specified in the\\nnotice for voting. In districts divided into election districts, the\\nchief election inspector in each district shall declare the polls open\\nand closed at the appropriate time.\\n 3. The clerk of the district shall serve as clerk of all meetings and\\nelections.\\n a. In common school districts the voters present and voting may elect\\na clerk of the meeting if the district clerk is not present. The voters\\nmay also elect assistant clerks and election inspectors as required. At\\nleast two election inspectors shall be elected for each ballot box or\\nvoting machine used. The inspectors shall choose a chief inspector of\\nelection.\\n b. In union free and central school districts the board of education\\nshall appoint a qualified voter as acting clerk in the absence or\\ninability to act of the district clerk. The board of education shall\\nalso appoint assistant clerks and election inspectors as required. At\\nleast two election inspectors shall be appointed for each ballot box or\\nvoting machine. The board of education shall designate a chief election\\ninspector, and if the district is divided into election districts the\\nboard of education shall appoint a chief election inspector for each\\nelection district.\\n 4. The clerk and assistant clerk or clerks of the meeting or election\\nshall keep a true and accurate written record of all of the proceedings\\nof the meeting or election and shall file such written record with the\\nclerk of the district within twenty-four hours after the meeting or\\nelection.\\n 5. Each assistant clerk and election inspector appointed by a board of\\neducation shall be entitled to compensation at a rate fixed by such\\nboard of education.\\n 6. A person seventeen years of age who is enrolled in a school\\ndistrict and fulfilling the requirements of section thirty-two hundred\\nseven-a of this chapter shall be eligible to be appointed as, and to\\nperform the duties of, an election inspector or poll clerk as provided\\nin this part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2029", "title" : "Poll list", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2029", "activeDate" : "2014-09-22", "sequenceNo" : 825, "repealedDate" : null, "fromSection" : "2029", "toSection" : "2029", "text" : " § 2029. Poll list. A poll list containing the name and legal\\nresidence of every person whose vote shall be received shall be kept by\\nthe clerk and the assistant clerk or clerks of the meeting or election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2030", "title" : "Ballot box; voting booth", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2030", "activeDate" : "2014-09-22", "sequenceNo" : 826, "repealedDate" : null, "fromSection" : "2030", "toSection" : "2030", "text" : " § 2030. Ballot box; voting booth. 1. The trustee, board of trustees,\\nor board of education, shall, at the expense of the district, provide a\\nsuitable box, or boxes, in which the ballots, folded so as to conceal\\nthe marking thereon, shall be deposited as they are received.\\n 2. In all union free school districts the board of education, shall,\\nat the expense of the district, provide a voting booth, or booths, and\\nvoters shall be required to enter such booth, or booths, for the purpose\\nof marking their ballots.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2031", "title" : "Election of officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2031", "activeDate" : "2014-09-22", "sequenceNo" : 827, "repealedDate" : null, "fromSection" : "2031", "toSection" : "2031", "text" : " § 2031. Election of officers. All district officers shall be elected\\nby ballot.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2031-A", "title" : "Electioneering within one hundred feet of polling place prohibited; distance markers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2031-A", "activeDate" : "2014-09-22", "sequenceNo" : 828, "repealedDate" : null, "fromSection" : "2031-A", "toSection" : "2031-A", "text" : " § 2031-a. Electioneering within one hundred feet of polling place\\nprohibited; distance markers. 1. At every election held for the office\\nof trustee or member of a board of education and at every vote upon any\\nproposition or issue in a school district where the election or vote is\\nheld at a different time from, and not during, the annual meeting of the\\ndistrict, there shall be conspicuously placed, by the inspectors of\\nelection, distance markers at a distance of one hundred feet from the\\npolling place. Such distance markers shall indicate the prohibition\\ncontained herein and shall be so placed at least one-half hour before\\nthe opening of the polls and shall remain until the polls are closed.\\n 2. At such elections or voting held at a different time from, and not\\nduring, the annual meeting of the district, while the polls are open no\\nperson shall do any electioneering within the polling place, or within\\none hundred feet therefrom in any public street, or within such distance\\nin any place in a public manner and no banner, poster or placard on\\nbehalf of or in opposition to any candidate or issue to be voted upon\\nshall be allowed in or upon the polling place or within one hundred feet\\ntherefrom during the election. For the purposes of this section, the\\none hundred foot distance shall be deemed to include a one hundred foot\\nradial measured from the entrances, designated by the inspectors of\\nelection, to a building where such election is being held. This section\\nshall not be deemed to prohibit the board of trustees or board of\\neducation from displaying within any polling place a copy or copies of\\nany budget or proposition to be voted upon.\\n 3. Any person who wilfully violates the provisions of this section\\nshall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2032", "title" : "Ballots for election of school district officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2032", "activeDate" : "2014-09-22", "sequenceNo" : 829, "repealedDate" : null, "fromSection" : "2032", "toSection" : "2032", "text" : " § 2032. Ballots for election of school district officers. 1. In common\\nschool districts the ballots for the election of district officers shall\\nbe written or printed, typed or mimeographed, or partly written and\\npartly printed, typed or mineographed, containing the name of the person\\nvoted for and designating the office for which each is voted.\\n 2. a. In union free school districts the board of education shall\\ncause ballots containing the names of all candidates nominated for\\nelection to the board of education to be printed, typed or mimeographed.\\n b. The names of all candidates for each separate specific office shall\\nbe grouped together and at the top of each group shall be placed a\\ndescription of the separate specific office for which such candidates\\nare nominated, which description shall include at least the length of\\nthe term of office and the name of the last incumbent, if any, and in\\naddition a direction that only one vote may be cast in each separate\\ngroup. The names of the candidates for each separate specific office\\nshall be listed in the order as determined by a drawing by lot. Such\\ndrawing shall be conducted by the clerk of the board of education and\\nshall be held the day after the last possible date for candidates to\\nfile a petition. In the event that any candidate is not present in\\nperson or by a person designated in a written proxy to accomplish the\\ndrawing, the district clerk shall be authorized to act as proxy. In any\\ndistrict where a proposition has been adopted pursuant to paragraph b of\\nsection two thousand eighteen, the names of all candidates for vacancies\\nupon the board of education shall be arranged according to lot as\\nprescribed in this section, and a direction shall be made that as many\\ncandidates may be voted for as there are vacancies to be filled.\\n c. A voting square shall be provided to the left of the name of each\\ncandidate upon the ballot.\\n d. A single cross X mark in pen or pencil, or a single check * mark,\\nin pen or pencil, in the voting square shall indicate a vote.\\n * NB There should be a check mark in this space.\\n e. One blank space shall be provided under the name of the last\\ncandidate for each separate specific office so that voters may vote for\\ncandidates who have not been nominated for the offices to be filled at\\nsuch election and the writing in, with a pencil having black lead, by a\\nvoter, of a name in the blank space so provided, shall indicate a vote.\\n f. Such ballot shall have placed thereon the name of the district and\\ninstructions explaining in substance the provisions of paragraphs d and\\ne of subdivision two of this section and subdivisions three and four of\\nsection two thousand thirty-four of this chapter.\\n 3. All spoiled or defective ballots shall be sealed in an envelope and\\nso endorsed by the inspectors of election. Such envelope shall be placed\\nin the ballot box as provided in subdivision six of section two thousand\\nthirty-three of this chapter.\\n 4. The clerk of the district shall cause to be delivered to the\\ninspectors of election, on the day of the meeting or election and not\\nbefore, a sufficient supply of the ballots for the use of the qualified\\nvoters. Such ballots shall be prepared at the expense of the school\\ndistrict.\\n 5. The ballot shall be folded by the voter so as to conceal his\\nmarking or writing thereon before the ballot is deposited in a ballot\\nbox.\\n 6. If official ballots are not furnished as provided in subdivision\\ntwo of this section, an election of members of a board of education in a\\nunion free school district shall not be declared invalid or illegal\\nbecause of the use of ballots which do not conform to the requirements\\nof subdivision two of this section, provided the intent of the voter may\\nbe ascertained from the use of such irregular or defective ballots and\\nsuch use was not fraudulent and did not substantially affect the result\\nof the meeting or election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2033", "title" : "Voting after closing of polls", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2033", "activeDate" : "2014-09-22", "sequenceNo" : 830, "repealedDate" : null, "fromSection" : "2033", "toSection" : "2033", "text" : " § 2033. Voting after closing of polls. All qualified voters entitled\\nto vote who are in the place where the meeting or election is held at or\\nbefore the time of closing the polls shall be allowed to vote.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2034", "title" : "Canvass of votes; declaration of result", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2034", "activeDate" : "2014-09-22", "sequenceNo" : 831, "repealedDate" : null, "fromSection" : "2034", "toSection" : "2034", "text" : " § 2034. Canvass of votes; declaration of result. 1. Immediately upon\\nthe close of the polls the inspectors of election shall count the\\nballots found in the ballot box without unfolding them, except so far as\\nis necessary to ascertain that each ballot is single. They shall compare\\nthe number of ballots found in the ballot box with the number of persons\\nrecorded on the poll list as having voted at the meeting or election. If\\nthe number of ballots found in the ballot box shall exceed the number of\\nnames on such poll list, such ballots shall be replaced without being\\nunfolded in the box from which they were taken and shall be thoroughly\\nmingled in such box and the chief inspector of election shall then\\npublicly draw out as many ballots as shall be equal to the number of\\nexcess ballots. The ballots so drawn out shall be enclosed without\\nunfolding in an envelope which shall be sealed and endorsed with a\\nstatement of the number of such excess ballots withdrawn from the box\\nand shall be signed by the chief inspector. Such envelope with the\\nexcess ballots therein shall be placed in the ballot box as provided in\\nsubdivision six of this section.\\n 2. The ballots shall be counted or canvassed by the inspectors of\\nelection and the votes cast for each candidate shall be tallied and\\ncounted by the inspectors of election.\\n 3. The whole ballot is void if the voter\\n a. does any act extrinsic to the ballot such as enclosing any paper or\\nother article in the folded ballot, or\\n b. defaces or tears the ballot, or\\n c. makes an erasure thereon, or\\n d. in a union free school district meeting or election, makes any mark\\nthereon other than a single cross X mark in pen or pencil, or a single\\ncheck * mark, in pen or pencil, in a voting square, or other than the\\nwriting in a name for the purpose of voting; provided, however, that an\\nerasure or a mark other than a single cross X mark in pen or pencil, or\\na single check * mark, in pen or pencil, made in a voting square shall\\nnot make the ballot void, but shall render it blank as to the office in\\nconnection with which it is made. No ballot shall be declared void or\\npartially blank because a cross X mark or check * mark thereon is\\nirregular in form.\\n * NB There should be a check mark in this space.\\n 4. In a union free school district meeting or election, if the voter\\nmarks more than one name in a group for a separate specific office or if\\nfor any reason it is impossible to determine the voter's choice of\\ncandidate for an office his vote shall not be counted for such office\\nbut shall be returned as a blank vote thereon.\\n 5. The inspectors of election shall announce to the chairman the\\nresults of the ballot. The ballots that were declared void or wholly\\nblank shall be sealed in an envelope and so endorsed by the inspectors\\nof election. Such envelope shall be placed in the ballot box as\\nprovided in subdivision six of this section.\\n 6. After the ballots are counted and the statements have been made as\\nrequired in this section, the ballots, together with the envelopes\\ncontaining the defective or spoiled ballots, the excess ballots and the\\nvoid or wholly blank ballots, shall be placed in the ballot box or\\nboxes. Each box shall be securely locked and sealed by the inspectors of\\nelection and deposited by the chief inspector with the clerk of the\\ndistrict. The unused ballots shall be placed in a sealed package by the\\ninspectors of election and returned to such clerk by the chief inspector\\nat the same time that such ballot box, or boxes, are delivered to him.\\nThe ballot box, or boxes, and the package of unused ballots, after being\\nsealed by the inspectors of election, shall not thereafter be opened,\\nexcept:\\n a. upon the order of the commissioner of education in the manner\\nspecified in such order, or\\n b. when a period of six months from the date of the meeting or\\nelection has elapsed without any proceeding being commenced in regard to\\nsuch meeting or election, the board of education may, notwithstanding\\nany provision of this chapter or of the public officers law to the\\ncontrary, by written resolution order the unsealing and opening of the\\nballot box, or boxes, and the destruction of all ballots contained\\ntherein, together with the unused ballots.\\n 7. a. Except as provided in paragraph c of this subdivision, the\\nchairman shall declare to the meeting or election the result of each\\nballot, as announced to him by the inspectors of election, and the\\npersons having a plurality of the votes cast, respectively, for the\\nseveral offices shall be elected except as provided in paragraphs b and\\nd of this subdivision.\\n b. If the school district shall have been divided into election\\ndistricts pursuant to section two thousand seventeen of this chapter the\\ninspectors of election shall make a written report of the results of the\\nballot, signed by all such inspectors, to the chief inspector of\\nelection of each election district. The chief inspector of election of\\neach election district shall within twenty-four hours file such written\\nreport with the clerk of the district. The board of education shall\\nthereupon within twenty-four hours tabulate and declare the result of\\nthe ballot.\\n c. If the school district shall have adopted a proposition pursuant to\\nparagraph b of section two thousand eighteen, the candidates receiving a\\nplurality of the votes cast respectively for the several offices shall\\nbe declared elected. Where more than one office is to be filled by such\\nelection and there is a variance in the length of the terms for which\\nsuch offices are to be filled as authorized by this chapter, or where\\none or more persons are to be elected for a full term or terms and one\\nor more persons are to be elected for the unexpired portion of a term or\\nterms, or both, the candidate receiving the largest number of votes\\nshall be entitled to the longest term and the candidates receiving the\\nnext highest number of votes shall be entitled, in decreasing order of\\nthe respective numbers of votes, to the several offices, in decreasing\\norder of the length of such terms or unexpired portions of terms.\\n 8. The clerk of the meeting or election shall record the result of\\neach ballot as declared by the chairman.\\n 9. The clerk of the district shall serve a written notice either\\npersonally or by mail upon each person declared elected as provided in\\nsubdivision five of section twenty-one hundred twenty-one of this\\nchapter.\\n 10. In the event that more eligible persons than the number remaining\\nto be elected receive, for the same office or offices, an equal number\\nof votes sufficient that fewer persons receiving such number of votes\\nwould be elected, the board of education shall call a special run-off\\nelection to be held within forty-five days following the general or\\nspecial election at which such tie vote was cast to determine which of\\nsuch candidates shall be elected to such office. The only persons who\\nshall be deemed nominated for such run-off election shall be the\\ncandidates who have received such equal number of votes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2035", "title" : "Use of voting machines at school district meetings or elections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2017-01-13", "2017-08-18", "2019-04-19" ], "docLevelId" : "2035", "activeDate" : "2014-09-22", "sequenceNo" : 832, "repealedDate" : null, "fromSection" : "2035", "toSection" : "2035", "text" : " § 2035. Use of voting machines at school district meetings or\\nelections. * 1. If the trustees or board of education of any school\\ndistrict shall so determine, voting machines, including lever voting\\nmachines, may be used for recording the vote on elections and questions,\\nor either, at the school district meetings or elections, annual and\\nspecial, or either, in such district. Before any such machine is used at\\nany such meeting or election, the inspectors of election shall examine\\nit and see that all the counters are set at zero (000) and that the\\nballot labels are properly placed, and that the machine is in all\\nrespects in proper condition for use. The use of such machine shall be\\ndeemed a compliance with any provision of law requiring the vote to be\\nby ballot. Such trustees or board of education, with district funds\\navailable, may purchase the necessary voting machine or machines; or, if\\nthe county board of elections shall consent thereto, such machines\\nbelonging to the county or belonging to the town in which any part of\\nsaid school district shall be located, may be used at any such meeting,\\nthe expense of delivery and returning and setting up, and any other\\nexpense connected therewith, to be defrayed by the school district; but\\nsuch machines belonging to the county shall not be so used at the time\\nor times when they may be required under the election law. Nothing in\\nthis subdivision shall be construed to require the board of elections to\\nmaintain the care, custody or control of lever voting machines.\\n * NB Effective until December 31, 2015\\n * 1. If the trustees or board of education of any school district\\nshall so determine, voting machines may be used for recording the vote\\non elections and questions, or either, at the school district meetings\\nor elections, annual and special, or either, in such district. Before\\nany such machine is used at any such meeting or election, the inspectors\\nof election shall examine it and see that all the counters are set at\\nzero (000) and that the ballot labels are properly placed, and that the\\nmachine is in all respects in proper condition for use. The use of such\\nmachine shall be deemed a compliance with any provision of law requiring\\nthe vote to be by ballot. Such trustees or board of education, with\\ndistrict funds available, may purchase the necessary voting machine or\\nmachines; or, if the county board of elections shall consent thereto,\\nsuch machines belonging to the county or belonging to the town in which\\nany part of said school district shall be located, may be used at any\\nsuch meeting, the expense of delivery and returning and setting up, and\\nany other expense connected therewith, to be defrayed by the school\\ndistrict; but such machines belonging to the county shall not be so used\\nat the time or times when they may be required under the election law.\\n * NB Effective December 31, 2015\\n 2. In common school districts the manner of making nominations or\\nsubmitting propositions by anyone other than the trustees and in union\\nfree school districts the manner of submitting propositions by anyone\\nother than the board of education for the purpose of preparing ballots\\nfor the machine shall be prescribed by a rule previously adopted by the\\ntrustees or board of education; provided, however, that the petition,\\ncertificate, declaration, notice or other paper required by such rule,\\nfor the making of any such nomination or submission, except as to a\\nquestion or proposition required by law to be stated in the published or\\nposted notice of the meeting shall be filed with the trustees or board\\nof education not later than thirty days before the meeting or election.\\nAny nomination may be rejected by the trustees if the candidate is\\nineligible for the office or has declared his unwillingness to serve;\\nany proposition may be rejected by the trustees or board of education if\\nthe purpose of the proposition is not within the power of the voters, or\\nwhere the expenditure of moneys is required by the proposition, if the\\nproposition fails to include the necessary specific appropriation. Any\\nsuch rule may be amended from time to time and may state that a\\nreasonable minimum number of signatures shall be required for\\nsubmission. The trustees or board of education shall cause such rule,\\nand amendments from time to time, to be printed for general distribution\\nin the district. Provided, however, that the provisions of any special\\nlaw relating to nominations and elections in any union free school\\ndistrict shall continue to remain in force, and the manner of making\\nnominations and the conduct of meetings and elections, shall conform to\\nsuch special law.\\n * 3. Any proposition submitted pursuant to this section shall be\\nsubject to the requirements set forth in subdivision nine of section two\\nthousand twenty-three-a of this part.\\n * NB Repealed June 16, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2036", "title" : "Effect of failure to appoint or elect qualified voters as district meeting or election officials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2036", "activeDate" : "2014-09-22", "sequenceNo" : 833, "repealedDate" : null, "fromSection" : "2036", "toSection" : "2036", "text" : " § 2036. Effect of failure to appoint or elect qualified voters as\\ndistrict meeting or election officials. The proceedings of no annual or\\nspecial school district meeting or election shall be held illegal for\\nfailure to appoint or elect a qualified voter (or a person satisfying\\nthe requirements of subdivision eight of section 3-400 of the election\\nlaw) as an official at such district meeting or election, unless it\\nshall appear that the acts of such official or officials were improper\\nor that the action of such meeting or election was prejudiced thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2037", "title" : "Determination of meeting or election disputes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2037", "activeDate" : "2014-09-22", "sequenceNo" : 834, "repealedDate" : null, "fromSection" : "2037", "toSection" : "2037", "text" : " § 2037. Determination of meeting or election disputes. All disputes\\nconcerning the validity of any district meeting or election or of any of\\nthe acts of the officers of such meeting or election shall be referred\\nto the commissioner of education for determination and his decisions in\\nthe matter shall be final and not subject to review. The commissioner\\nmay in his discretion order a new meeting or election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2038", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-05-03", "2024-05-31", "2026-04-03" ], "docLevelId" : "2038", "activeDate" : "2014-09-22", "sequenceNo" : 835, "repealedDate" : null, "fromSection" : "2038", "toSection" : "2038", "text" : " § 2038. Application of article. The provisions of part one of this\\narticle shall apply to all school districts except as otherwise provided\\nby article fifty-three of this chapter, and except to city school\\ndistricts of cities with one hundred twenty-five thousand inhabitants or\\nmore.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 41 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A41P2", "title" : "Contract System", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 836, "repealedDate" : null, "fromSection" : "2040", "toSection" : "2045", "text" : " PART II\\n CONTRACT SYSTEM\\nSection 2040. District meeting to authorize contract system.\\n 2040-a. Contributions to school districts containing migrant\\n labor camps.\\n 2041. Trustees or boards of education may contract to receive\\n such children.\\n 2042. Form and validity of contract.\\n 2044. Report of pupils from other districts.\\n 2045. Non-resident attendance.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2040", "title" : "District meeting to authorize contract system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2040", "activeDate" : "2014-09-22", "sequenceNo" : 837, "repealedDate" : null, "fromSection" : "2040", "toSection" : "2040", "text" : " § 2040. District meeting to authorize contract system. 1. Any school\\ndistrict may decide by a majority vote of the qualified voters present\\nand voting at a district meeting:\\n a. To contract for the education of all the elementary pupils of such\\ndistrict in another school district in this state or in any adjoining\\nstate, instead of maintaining a home school.\\n b. To contract for the education of part of the elementary pupils of\\nsuch district in another school district in this state or in an\\nadjoining state and maintain a home school;\\n c. To contract for a period of not less than two and not more than\\nfive years for the education of all the high school pupils of grades\\nseven to twelve, inclusive, of such district in another school district\\nin this state or in an adjoining state, instead of maintaining a home\\nhigh school for such grades.\\n d. To contract for a period of not less than two and not more than\\nfive years for the education of some of the pupils of grades seven to\\ntwelve, inclusive, of such district in another school district in this\\nstate or in an adjoining state provided that such district maintains a\\nhome high school for such grades. Nothing herein shall require a\\ndistrict to enter into a written contract for the education of its high\\nschool pupils where the term is for a period of less than two years.\\n 2. Such contract may be made with one or more school districts. The\\ndesignation of the school districts with which such contracts may be\\nmade shall be made pursuant to the commissioner's regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2040-A", "title" : "Contributions to school districts containing migrant labor camps", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2040-A", "activeDate" : "2014-09-22", "sequenceNo" : 838, "repealedDate" : null, "fromSection" : "2040-A", "toSection" : "2040-A", "text" : " § 2040-a. Contributions to school districts containing migrant labor\\ncamps. Notwithstanding any other provision of law, and for the purpose\\nof sharing the extra expense incurred by a school district in providing\\ntemporary educational facilities for children living in a migrant labor\\ncamp located therein which supplies labor to employers residing in other\\nschool districts, the board of education, trustee, or trustees of any\\nadjoining school district, or other school district in the same town,\\nwhere employers residing therein are supplied with labor from such\\nmigrant labor camp, may contribute not more than three hundred dollars\\nannually to the school district in which such migrant labor camp is\\nlocated. The moneys so contributed shall be used only for the purposes\\nhereinbefore stated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2041", "title" : "Trustees or boards of education may contract to receive such children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2041", "activeDate" : "2014-09-22", "sequenceNo" : 839, "repealedDate" : null, "fromSection" : "2041", "toSection" : "2041", "text" : " § 2041. Trustees or boards of education may contract to receive such\\nchildren. The trustees or board of education of any district or city\\nmay enter into a contract to receive and educate in the schools of such\\ndistrict or city the children of any district which shall authorize its\\ntrustees or board of education to contract for the education of its\\nchildren as provided by section two thousand thirty of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2042", "title" : "Form and validity of contract", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2042", "activeDate" : "2014-09-22", "sequenceNo" : 840, "repealedDate" : null, "fromSection" : "2042", "toSection" : "2042", "text" : " § 2042. Form and validity of contract. Every contract for the\\neducation of school children shall be in writing and in the form\\nprescribed by the commissioner of education, and before such contract is\\nexecuted the same shall be submitted for approval to the superintendent\\nof schools having jurisdiction over said district and such contract\\nshall not become effective until approved by such superintendent. Such\\ncontract shall not be valid or binding upon either party thereto until a\\ncopy thereof is filed with the commissioner of education and approved by\\nhim.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2044", "title" : "Report of pupils from other districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2044", "activeDate" : "2014-09-22", "sequenceNo" : 841, "repealedDate" : null, "fromSection" : "2044", "toSection" : "2044", "text" : " § 2044. Report of pupils from other districts. The children attending\\na school under any contract for the education of elementary pupils shall\\nbe reported to the commissioner of education by the trustees or board of\\neducation of the district or city wherein such children attend school as\\nthough they were residents of such city or school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2045", "title" : "Non-resident attendance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2045", "activeDate" : "2014-09-22", "sequenceNo" : 842, "repealedDate" : null, "fromSection" : "2045", "toSection" : "2045", "text" : " § 2045. Non-resident attendance. 1. No charge for the instruction of\\nnonresident pupils in excess of the difference between the cost of\\neducating such pupils and the apportionment of public moneys on account\\nof the attendance of such pupils shall be made by any district. The\\ntuition charged, if any, in excess of such apportionment is hereby\\ndeclared a charge upon the district from which such nonresident pupil\\nattends, subject, however, to the right of such district to designate\\nthe academic school or schools where instruction shall be given at the\\ndistrict's expense, and provided that no tuition shall be payable by the\\ndistrict of residence for the education, by another district, of an\\nelementary pupil, unless a contract has been entered into between such\\ndistricts pursuant to part two of this article. Such designations shall\\nbe made by each school district pursuant to commissioner's regulations.\\nSuch designation may be reviewed upon appeal to the commissioner of\\neducation in the event the parents or guardians of such pupils deem\\nthemselves aggrieved thereby. In case any school district shall fail to\\nmake a timely designation, the district superintendent of schools in the\\nsupervisory district in which such district is located may make such\\ndesignation, subject to review on appeal by the commissioner of\\neducation. Districts shall not refuse to receive nonresident academic\\npupils for instruction without valid and sufficient reasons therefor.\\nAll acts of the board of education or other district officers relating\\nto such pupils and the tuition charged for their instruction are hereby\\ndeclared subject to review by the commissioner of education. Where a\\ndistrict is so situated that its academic pupils can be more\\nconveniently instructed in the academic department of a school located\\nin another state, the commissioner of education is hereby authorized to\\nmake the same apportionment, annually, to the school district educating\\nsuch academic pupils so instructed outside the state, as he shall be\\nauthorized by law to make for the instruction of academic pupils within\\nthe state, and upon the same conditions.\\n 2. If a pupil resides in a district wherein high school courses are\\noffered, but no vocational high school is available therein, or if\\nvocational high school courses are not available in the academic school\\nor schools designated as herein provided, such pupil may select and\\nattend any other academic school within the state in which vocational\\ncourses are available, and the tuition charged, if any, in excess of the\\ndifference between the cost of educating such pupil and the\\napportionment of public moneys on account of the attendance of such\\npupil, is hereby declared a charge upon the district in which such pupil\\nresides, except however, the cost of transportation of such pupil need\\nnot be paid by such district.\\n 3. Any academic pupils attending school in a school district in this\\nstate, but residing on military reservations within the boundaries of\\nthe state of New York, jurisdiction over which has been ceded to the\\nUnited States, shall be deemed to be pupils of the school district of\\nattendance within the meaning of section thirty-six hundred two of this\\nchapter.\\n 4. Each district which does not maintain a high school shall provide\\ntransportation when necessary for its pupils who have completed the work\\nof the sixth grade and are receiving instruction in another district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A41P3", "title" : "Professional Services Providers", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 843, "repealedDate" : null, "fromSection" : "2050", "toSection" : "2054", "text" : " PART III\\n PROFESSIONAL SERVICES PROVIDERS\\nSection 2050. Definition.\\n 2051. Charging for professional services.\\n 2052. Enforcement.\\n 2053. Reports regarding lawyers.\\n 2054. Non-exclusivity of rights or remedies.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2050", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2050", "activeDate" : "2014-09-22", "sequenceNo" : 844, "repealedDate" : null, "fromSection" : "2050", "toSection" : "2050", "text" : " § 2050. Definition. As used in this part, a \"lawyer\" shall mean an\\nattorney or counselor governed by article fifteen of the judiciary law,\\nwho receives remuneration or other compensation from a school district\\nor board of cooperative educational services in exchange for legal\\nservices provided to such district or board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2051", "title" : "Charging for professional services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2051", "activeDate" : "2014-09-22", "sequenceNo" : 845, "repealedDate" : null, "fromSection" : "2051", "toSection" : "2051", "text" : " § 2051. Charging for professional services. 1. A lawyer shall not\\nsimultaneously be an independent contractor and an employee of a school\\ndistrict or board of cooperative educational services for the purpose of\\nproviding legal services to such school district or board of cooperative\\neducational services.\\n 2. A lawyer who is not an employee of a school district or board of\\ncooperative educational services, shall not seek to be or be considered,\\ntreated or otherwise reported by the school district, or board of\\ncooperative educational services as an employee thereof for purposes of\\ncompensation, remuneration, health insurance, pension and all\\nemployment-related benefits and emoluments associated therewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2052", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2052", "activeDate" : "2014-09-22", "sequenceNo" : 846, "repealedDate" : null, "fromSection" : "2052", "toSection" : "2052", "text" : " § 2052. Enforcement. 1. Any lawyer who violates section two thousand\\nfifty-one of this part, shall be liable for a civil penalty not to\\nexceed three times the charges and fees for contracted services or\\nsalary received by the lawyer and paid by such school district or board\\nof cooperative educational services for legal services, and in addition,\\nmay be enjoined from continuing such violation. Civil penalties and\\ninjunctive relief provided in this section shall be recoverable in an\\naction brought by the attorney general.\\n 2. Any person who shall knowingly:\\n (a) violate subdivision two of section two thousand fifty-one of this\\npart;\\n (b) make a false statement of material fact; or\\n (c) falsify or permit to be falsified any record or records of the\\nretirement system established in this chapter\\nin an attempt to defraud the retirement system established in this\\nchapter as a result of such act for the purpose of obtaining a credit\\ntowards pension benefits, or a benefit or payment in excess of one\\nthousand dollars from such retirement system for a professional services\\nprovider to which such professional services provider would not be\\nentitled, shall be guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2053", "title" : "Reports regarding lawyers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2053", "activeDate" : "2014-09-22", "sequenceNo" : 847, "repealedDate" : null, "fromSection" : "2053", "toSection" : "2053", "text" : " § 2053. Reports regarding lawyers. Every school district and board of\\ncooperative educational services shall, on or before the forty-fifth day\\nafter the commencement of its fiscal year, file with the department, the\\ncomptroller and the attorney general a report specifying: (a) all\\nlawyers who provide legal services to such district or board; (b)\\nwhether such district or board hired such lawyers as employees; and (c)\\nall remuneration and compensation paid for legal services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2054", "title" : "Non-exclusivity of rights or remedies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2054", "activeDate" : "2014-09-22", "sequenceNo" : 848, "repealedDate" : null, "fromSection" : "2054", "toSection" : "2054", "text" : " § 2054. Non-exclusivity of rights or remedies. Nothing in this part\\nshall be construed to limit, in any matter, any rights or remedies\\notherwise available under law against any party or to any person or\\nentity, including, but not limited to, the attorney general or the\\ncomptroller of the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A43", "title" : "School District Officers--town and County Officials", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "43", "activeDate" : "2014-09-22", "sequenceNo" : 849, "repealedDate" : null, "fromSection" : "2101", "toSection" : "2143", "text" : " ARTICLE 43\\n SCHOOL DISTRICT OFFICERS--TOWN AND COUNTY OFFICIALS\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A43P1", "title" : "General Provisions", "docType" : "PART", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 850, "repealedDate" : null, "fromSection" : "2101", "toSection" : "2119", "text" : " PART I\\n GENERAL PROVISIONS\\nSection 2101. Officers of district.\\n 2102. Qualifications of officers.\\n 2102-a. Required training for school district officers.\\n 2103. Ineligibility to office.\\n 2103-a. Policemen and firemen on boards of education.\\n 2105. Terms of office.\\n 2106. Terms of officers of newly created district.\\n 2108. Notice and acceptance of election.\\n 2109. Refusal of trustee to serve.\\n 2110. Penalty for refusal to serve or perform duty.\\n 2111. Resignation of district officers.\\n 2112. Vacating office.\\n 2113. Filling vacancy in office of trustee.\\n 2114. Filling vacancy in office of clerk, collector or\\n treasurer.\\n 2115. Notice of appointment to fill vacancy and filing\\n thereof.\\n 2116. District records, books, etc., are district property.\\n 2116-a. Books and records to be kept by school districts.\\n 2116-b. Internal audit function.\\n 2116-c. Audit committees.\\n 2117. Reports.\\n 2118. Expenses of school district officers.\\n 2119. School district trustee not to draw draft on county\\n treasurer in certain cases.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2101", "title" : "Officers of district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2101", "activeDate" : "2014-09-22", "sequenceNo" : 851, "repealedDate" : null, "fromSection" : "2101", "toSection" : "2101", "text" : " § 2101. Officers of district. 1. Each common school district shall\\nhave one or three trustees as the district determines, a collector\\nexcept in first class towns and except as may be otherwise provided by\\nlaw, and if the district so decides a treasurer.\\n 2. Each union free school district shall have a board of education\\nconsisting of from three to nine trustees as the district shall\\ndetermine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2102", "title" : "Qualifications of officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2102", "activeDate" : "2014-09-22", "sequenceNo" : 852, "repealedDate" : null, "fromSection" : "2102", "toSection" : "2102", "text" : " § 2102. Qualifications of officers. Every school district officer\\nmust be able to read and write and must be a qualified voter of the\\ndistrict; and each member of a board of education of a union free school\\ndistrict, common school district or a central school district shall have\\nbeen a resident of the school district, or in the case of a person\\nqualified by subdivision three of section twenty hundred twelve of this\\nchapter to vote in a district election, a resident of the district or\\nreservation, for at least one year prior to the election.\\nNotwithstanding the provisions of any other general or special law to\\nthe contrary, a school district treasurer, collector or clerk need not\\nbe a resident of the school district to hold such office in such\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2102-A", "title" : "Required training for school district officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2102-A", "activeDate" : "2014-09-22", "sequenceNo" : 853, "repealedDate" : null, "fromSection" : "2102-A", "toSection" : "2102-A", "text" : " § 2102-a. Required training for school district officers. 1. a. Every\\ntrustee or voting member of a board of education of a school district or\\na board of cooperative educational services, elected or appointed for a\\nterm beginning on or after July first, two thousand five, shall, within\\nthe first year of his or her term, complete a minimum of six hours of\\ntraining on the financial oversight, accountability and fiduciary\\nresponsibilities of a school board member.\\n b. In addition to the training required by paragraph a of this\\nsubdivision, every trustee or voting member of a board of education of a\\nschool district or a board of cooperative educational services, elected\\nor appointed for a first term beginning on or after the first of July\\nnext succeeding the effective date of this paragraph, shall, within the\\nfirst year of his or her term, complete a training course to acquaint\\nhim or her with the powers, functions and duties of boards of education,\\nas well as the powers and duties of other governing and administrative\\nauthorities affecting public education.\\n c. Upon demonstration of compliance, no trustee or member of a board\\nof education or a board of cooperative educational services shall be\\nrequired to repeat the training requirements provided for in paragraphs\\na and b of this subdivision. Nothing in this section shall be deemed to\\nrequire a member of a central high school district board or a member of\\na board of cooperative educational services to complete such\\nrequirements if such member has already completed such requirements as a\\nmember of a board of a component school district. Nothing in this\\nsection shall be deemed to require trustees or voting members of a board\\nof education of a school district or a board of cooperative educational\\nservices to complete the requirements of paragraph b of this subdivision\\nif such trustee or member is seated or appointed on or before the\\neffective date of the chapter of the laws of two thousand ten that\\namended this subdivision.\\n 2. The curriculum used for training on financial oversight,\\naccountability and fiduciary responsibilities shall be approved by the\\ncommissioner in consultation with the comptroller and the curriculum\\nused for the general training shall be approved by the commissioner.\\nThese curricula may be offered together as a single course or\\nseparately. The training required by this section may be offered by\\nproviders approved by the commissioner. In approving other providers for\\nthese trainings, the commissioner shall consider the potential\\nprovider's understanding of the educational environment, the roles of\\ntrustees and boards of education and boards of cooperative educational\\nservices, and the experience of the provider in delivering such\\ntraining.\\n 3. Each trustee or member shall demonstrate compliance with these\\nrequirements by filing with the district clerk a certificate of\\ncompletion of such course or courses issued by the provider. Actual and\\nnecessary expenses incurred by a trustee or member in complying with the\\nforegoing requirements shall be a charge against the school district.\\n 4. As long as the chancellor of a school district in a city having a\\npopulation of one million or more inhabitants shall annually certify to\\nthe commissioner that such district has a training program that meets or\\nexceeds the requirements of this section, the provisions of this section\\nshall not apply to such school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2103", "title" : "Ineligibility to office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2103", "activeDate" : "2014-09-22", "sequenceNo" : 854, "repealedDate" : null, "fromSection" : "2103", "toSection" : "2103", "text" : " § 2103. Ineligibility to office. 1. No district superintendent or\\nsupervisor is eligible to the office of trustee or member of a board of\\neducation, and no trustee or member of a board of education can hold the\\noffice of district clerk, collector, treasurer or librarian, except as\\notherwise provided by section twenty-one hundred thirty.\\n 2. A person removed from a school district office shall be ineligible\\nto appointment or election to any district office for a period of one\\nyear from the date of such removal.\\n 3. Not more than one member of a family shall be a member of the same\\nboard of education in any school district.\\n 4. No employee of a board of education may be a member of such board;\\nprovided, however, that in a city with a population of one million or\\nmore nothing herein shall prohibit an employee of the board of education\\nof a community school board from being a member of a community school\\nboard except that such employee may not be a member of any community\\nschool board that directly employs him.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2103-A", "title" : "Policemen and firemen on boards of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "2103-A", "activeDate" : "2014-09-22", "sequenceNo" : 855, "repealedDate" : null, "fromSection" : "2103-A", "toSection" : "2103-A", "text" : " § 2103-a. Policemen and firemen on boards of education.\\nNotwithstanding any general, special or local law, ordinance or charter\\nprovision to the contrary, or any rule or regulation, policemen and\\nfiremen employed by any municipal subdivision of the state or police\\ndistrict provided they are otherwise eligible, may be candidates for\\nelection and serve as members of boards of education in school districts\\nlocated: (1) other than in the municipality where they perform their\\nduties as policemen or firemen on a regular basis, or (2) unless\\nprohibited by the legislative body for whom they are employed, in school\\ndistricts located in the locality where they perform their duties as\\npolicemen or firemen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2105", "title" : "Terms of office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2105", "activeDate" : "2014-09-22", "sequenceNo" : 856, "repealedDate" : null, "fromSection" : "2105", "toSection" : "2105", "text" : " § 2105. Terms of office. 1. In a common school district having a sole\\ntrustee the term of office of trustee shall be one year.\\n 2. In a common school district having three trustees the full term of\\noffice of trustee shall be three years.\\n 3. In a central school district or a union-free school district, the\\nfull term of office of trustee shall be three, four or five years. Any\\nsuch school district may decrease the full term of a school trustee to\\nthree or four years or increase the full term of a school trustee to\\nfour or five years by adopting a proposition at any annual meeting or\\nelection to do so; provided, however, that the term of office of each\\nincumbent trustee shall not be increased or decreased thereby; and\\nprovided, further, that whenever a proposition shall be adopted to\\nincrease the term of office from three or four years to five years, or\\nto decrease the term of office from four or five years to three years,\\nsuch proposition shall provide that one or more of the vacancies to be\\nfilled, during each of the three years next succeeding the adoption of\\nsuch proposition, shall be for three or four years only in order that,\\nas nearly as possible, an equal number of trustees shall be elected to\\nthe board each year.\\n 4. Trustees may be elected for shorter periods as otherwise provided\\nin this chapter.\\n 5. The term of office of a trustee elected at the first meeting of a\\nnewly created common school district having a sole trustee shall expire\\non the first Tuesday of May next thereafter.\\n 6. The term of office of all other district officers shall be one\\nyear.\\n 7. One year, within the meaning of this section, is a school year.\\n 8. When a new union free school district is formed, the meeting, after\\ndetermining the number of members of the board of education to be\\nelected, shall proceed to elect members of the board of education for\\nvarious terms not in excess of five years so that as nearly as possible\\nan equal number of vacancies shall occur on the board of education each\\nyear.\\n 9. When the number of members of the board of education of a union\\nfree school district is increased, the additional members shall be\\nelected for such terms not in excess of five years so that thereafter as\\nnearly as possible an equal number of terms shall expire each year.\\n 10. When the number of members of the board of education of a union\\nfree school district is decreased, no election shall be held until the\\nnumber of members of the board of education shall be equal to or be less\\nthan the number of members to which the board of education is decreased.\\nAt elections thereafter, the members of the board of education shall be\\nelected for such terms not in excess of five years so that as nearly as\\npossible an equal number of members shall be elected to the board each\\nyear.\\n 11. a. Notwithstanding any provision of this section to the contrary,\\nin any union free school district whose boundaries are not coterminous\\nwith those of an incorporated village, except a central school district,\\nwhich under the provisions of law in effect on May first, nineteen\\nhundred fifty-seven, elected members to the board of education for a\\nterm of three years, the qualified voters of the district present and\\nvoting at the annual meeting of such district held during the year\\nnineteen hundred fifty-eight, may adopt a resolution determining that\\nmembers of the board of education of such district shall be elected for\\na term of three years. A certified copy of such resolution shall be\\nfiled with the commissioner of education on or before August first,\\nnineteen hundred fifty-eight. The voters of any such district may\\nrescind such resolution by a majority vote of the voters present and\\nvoting at a special or annual meeting of the district.\\n b. Notwithstanding any provision of this section to the contrary, in\\nany central school district whose boundaries are not coterminous with\\nthose of an incorporated village, the qualified voters of the district\\npresent and voting at the annual meeting of such district held during\\nthe year nineteen hundred fifty-nine may adopt a resolution determining\\nthat members of the board of education of such district shall be elected\\nfor a term of three years. A certified copy of such resolution shall be\\nfiled with the commissioner of education on or before August first,\\nnineteen hundred fifty-nine. The voters of any such district may\\nrescind any such resolution by a majority vote of the voters present and\\nvoting at a special or annual meeting of the district.\\n c. Notwithstanding any provision of this section to the contrary, in\\nany union free school district, the boundaries of which are coterminous\\nwith those of an incorporated village, which under the provisions of law\\nin effect on April twenty-first, nineteen hundred fifty-nine, elected\\nmembers of the board of education for terms of three years, the\\nqualified voters of the district present and voting at the annual\\nmeeting of such district held during the year nineteen hundred\\nsixty-one, may adopt a resolution determining that members of the board\\nof education of such district shall be elected for a term of three\\nyears. A certified copy of such resolution shall be filed with the\\ncommissioner of education on or before August first, nineteen hundred\\nsixty-one. The voters of any such district may rescind such resolution\\nby a majority vote of the voters present and voting at a special or\\nannual meeting of the district.\\n 12. The term of office of trustees of union free school district\\nnumber one of the town of Tonawanda, Erie county, shall be three years.\\n 13. Until the terms of all members of the board of education of a\\nunion free school district, have become five years, or three years when\\na resolution pursuant to subdivision three or subdivision eleven of this\\nsection has been adopted, members of such board of education shall be\\nelected in such numbers and for such terms not in excess of five years,\\nor three years when a resolution pursuant to subdivision three or\\nsubdivision eleven of this section has been adopted, so that as soon as\\npracticable an equal number of members of such board of education will\\nbe elected each year.\\n 14. Notwithstanding any other provision of this chapter to the\\ncontrary, where a term of office expires at the end of a school year and\\nsuch position is or becomes vacant at the time of the annual meeting or\\nelection, the person elected to fill the full term vacancy shall also be\\ndeemed elected to fill the remainder of the term preceding the\\ncommencement of the full term.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2106", "title" : "Terms of officers of newly created district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2106", "activeDate" : "2014-09-22", "sequenceNo" : 857, "repealedDate" : null, "fromSection" : "2106", "toSection" : "2106", "text" : " § 2106. Terms of officers of newly created district. The terms of all\\nofficers other than trustees elected at the first meeting of a newly\\ncreated district shall expire on the first Tuesday of May, next\\nthereafter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2108", "title" : "Notice and acceptance of election", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2108", "activeDate" : "2014-09-22", "sequenceNo" : 858, "repealedDate" : null, "fromSection" : "2108", "toSection" : "2108", "text" : " § 2108. Notice and acceptance of election. 1. The district clerk\\nshall forthwith notify in writing each person elected to office of his\\nelection and the date thereof.\\n 2. Such person shall be deemed to have accepted the office, unless\\nwithin five days after the service of such notice, he shall file his\\nwritten refusal with the clerk. The presence of any such person at the\\nmeeting which elects him to office, shall be deemed a sufficient notice\\nto him of his election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2109", "title" : "Refusal of trustee to serve", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2109", "activeDate" : "2014-09-22", "sequenceNo" : 859, "repealedDate" : null, "fromSection" : "2109", "toSection" : "2109", "text" : " § 2109. Refusal of trustee to serve. A trustee of a common school or\\nunion free school district who publicly declares that he will not accept\\nor serve in the office of trustee, or refuses or neglects to attend\\nthree successive meetings of the board, of which he is duly notified,\\nwithout rendering a good and valid excuse therefor to the other trustees\\nvacates his office by refusal to serve.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2110", "title" : "Penalty for refusal to serve or perform duty", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2110", "activeDate" : "2014-09-22", "sequenceNo" : 860, "repealedDate" : null, "fromSection" : "2110", "toSection" : "2110", "text" : " § 2110. Penalty for refusal to serve or perform duty. 1. Every person\\nelected or appointed to a school district office and being duly\\nqualified to fill the same who shall refuse to serve therein shall\\nforfeit the sum of five dollars.\\n 2. Every person elected or appointed to a school district office and\\nnot refusing to accept the same who shall wilfully neglect or refuse to\\nperform any duty thereof shall by such neglect or refusal vacate his\\noffice and also forfeit the sum of ten dollars.\\n 3. The district superintendent of the supervisory district wherein any\\nsuch person resides may accept his written resignation of the office,\\nand the filing of such resignation and acceptance in the office of the\\ndistrict clerk shall be a bar to the recovery of either penalty under\\nthis section.\\n 4. These penalties shall be for the benefit of the district for which\\nsuch officer was appointed or elected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2111", "title" : "Resignation of district officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2111", "activeDate" : "2014-09-22", "sequenceNo" : 861, "repealedDate" : null, "fromSection" : "2111", "toSection" : "2111", "text" : " § 2111. Resignation of district officers. A school district officer\\nmay resign to a district meeting. Such officer shall also be deemed to\\nhave resigned if he filed a written resignation with the district\\nsuperintendent of his district and such superintendent endorses thereon\\nhis approval and files the same with the district clerk.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2112", "title" : "Vacating office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2112", "activeDate" : "2014-09-22", "sequenceNo" : 862, "repealedDate" : null, "fromSection" : "2112", "toSection" : "2112", "text" : " § 2112. Vacating office. 1. A school district office becomes vacant\\nby death, resignation, refusal to serve, incapacity, or removal from the\\ndistrict or from office.\\n 2. The collector or treasurer vacates his office by not executing a\\nbond to the trustees, as herein required.\\n 3. A trustee or a member of a board of education vacates his office by\\nthe acceptance of either the office of district superintendent or of\\nsupervisor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2113", "title" : "Filling vacancy in office of trustee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2113", "activeDate" : "2014-09-22", "sequenceNo" : 863, "repealedDate" : null, "fromSection" : "2113", "toSection" : "2113", "text" : " § 2113. Filling vacancy in office of trustee. 1. A vacancy in the\\noffice of trustee in any school district may be filled by election\\nwithin ninety days after it occurs. If not so filled, the district\\nsuperintendent of the supervisory district, within which the schoolhouse\\nor principal schoolhouse of the district is situated, may appoint a\\ncompetent person to fill it.\\n 2. If a vacancy in the office of trustee in a union free school\\ndistrict exists, the commissioner of education may order a special\\nelection for filling such vacancy. When such special election is ordered\\nthe vacancy shall not be filled otherwise.\\n 3. If such vacancy is filled by a district meeting, it shall be for\\nthe balance of the unexpired term; but when such vacancy is filled by\\nappointment by a district superintendent, it shall be only until the\\nnext annual meeting of the district.\\n 4. A vacancy in the office of trustee in union free school district\\nnumber one of the town of Tonawanda, Erie county, shall be filled by\\nappointment by the remaining members of the board to serve until the\\nnext annual election at which the vacancy may be filled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2114", "title" : "Filling vacancy in office of clerk, collector or treasurer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2114", "activeDate" : "2014-09-22", "sequenceNo" : 864, "repealedDate" : null, "fromSection" : "2114", "toSection" : "2114", "text" : " § 2114. Filling vacancy in office of clerk, collector or treasurer. A\\nvacancy in the office of clerk, collector or treasurer, may be filled by\\nappointment by the trustees of the district, and the appointees shall\\nhold their respective offices until the next annual meeting of the\\ndistrict, and until their successors are elected and have qualified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2115", "title" : "Notice of appointment to fill vacancy and filing thereof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2115", "activeDate" : "2014-09-22", "sequenceNo" : 865, "repealedDate" : null, "fromSection" : "2115", "toSection" : "2115", "text" : " § 2115. Notice of appointment to fill vacancy and filing thereof.\\nEvery appointment to fill a vacancy shall be forthwith filed, by the\\ndistrict superintendent or trustees making it, in the office of the\\ndistrict clerk, who shall immediately give notice of the appointment to\\nthe person appointed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2116", "title" : "District records, books, etc", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2116", "activeDate" : "2014-09-22", "sequenceNo" : 866, "repealedDate" : null, "fromSection" : "2116", "toSection" : "2116", "text" : " § 2116. District records, books, etc., are district property. The\\nrecords, books and papers belonging or appertaining to the office of any\\nofficer of a school district are hereby declared to be the property of\\nsuch district and shall be open for inspection by any qualified voter of\\nthe district at all reasonable hours, and any such voter may make copies\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2116-A", "title" : "Books and records to be kept by school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-13", "2017-07-07", "2017-08-18" ], "docLevelId" : "2116-A", "activeDate" : "2014-09-22", "sequenceNo" : 867, "repealedDate" : null, "fromSection" : "2116-A", "toSection" : "2116-A", "text" : " § 2116-a. Books and records to be kept by school districts. Unless\\notherwise prescribed by the state comptroller pursuant to section\\nthirty-six of the general municipal law:\\n 1. All school districts shall be required to maintain books and\\nrecords in such form as the commissioner of education shall approve.\\n 2. All school districts, except those employing fewer than eight\\nteachers, shall be required to use a double entry bookkeeping system\\nincorporating the fund method of accounting in accordance with a uniform\\nsystem of accounts approved by the commissioner of education and any\\nschool district under the jurisdiction of a district superintendent may\\nat its option request the district superintendent to provide such\\naccounting service. The cost of accounting service so requested shall be\\nallocated by the district superintendent to and be paid by the school\\ndistrict receiving such service.\\n 3. (a) The school authorities of each school district, except those\\nemploying fewer than eight teachers, but including the city school\\ndistricts of the cities of Buffalo and Rochester, shall obtain an annual\\naudit of its records by an independent certified public accountant or an\\nindependent public accountant. The report of such annual audit shall be\\npresented to the trustees or board of education by such accountant. The\\nboard of education of the city school district of the city of New York,\\ndistricts of such city shall obtain an annual audit by the comptroller\\nof the city of New York, or by an independent certified public\\naccountant or an independent public accountant. Such city school\\ndistrict audit shall include, but not be limited to, transactions\\nprocessed at the level of the central administrative office, the\\ndistrict, and the individual school. The community districts of such\\ncity school district shall obtain an annual audit by the bureau of audit\\nof the board of education of the city school district of the city of New\\nYork or by an independent certified public accountant or an independent\\npublic accountant. A copy of the audit report in form prescribed by the\\ncommissioner and certified by the accountant, or, in the city school\\ndistrict of the city of New York or the community districts therein, by\\nthe accountant, or the comptroller or bureau of audit, as the case may\\nbe, shall be furnished to the commissioner on or before October\\nfifteenth following the end of the fiscal year audited, except that such\\nreport shall be furnished to the commissioner on or before January first\\nfollowing the end of the fiscal year audited for the city school\\ndistricts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and\\nNew York and for the community school districts of the city of New York.\\n (b) On or after July first, two thousand five, all school districts,\\nexcept the city school district of the city of New York, shall utilize a\\ncompetitive request for proposal process when contracting for such\\nannual audit. In addition, on or after July first, two thousand five,\\nand applicable to all school districts, no audit engagement shall be for\\na term longer than five consecutive years; provided, however, that\\nnothing in this subdivision shall preclude a district, in its\\ndiscretion, from permitting an independent certified public accountant\\nor an independent public accountant engaged under an existing contract\\nfor such services to (i) submit a proposal for such services in response\\nto a request for competitive proposals, or (ii) be awarded a contract to\\nprovide such services under a request for proposal process. School\\ndistrict procurement policies and procedures adopted pursuant to section\\none hundred four-b of the general municipal law shall be amended, if\\nnecessary, to be consistent with this requirement.\\n (c) Notwithstanding the provisions of subparagraph one of paragraph\\n(b) of subdivision four of section thirty-five of the general municipal\\nlaw, each school district shall (i) prepare a corrective action plan in\\nresponse to any findings contained in the annual external audit report\\nor management letter, or any final audit report issued by the state\\ncomptroller, within ninety days of receipt of such report or letter, and\\n(ii) to the extent practicable, begin implementation of such corrective\\naction plan no later than the end of the next fiscal year.\\n 3-a. In addition to the annual audit required by subdivision three of\\nthis section, each school district and board of cooperative educational\\nservices within the state shall be subject to audits of the state\\nconducted by the comptroller as set forth in section thirty-three of the\\ngeneral municipal law.\\n 4. The school authorities of each school district may employ or\\ncontract for the preparation of payrolls, accounts and records by\\npersons, firms or corporations using electronic computer systems.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2116-B", "title" : "Internal audit function", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2116-B", "activeDate" : "2014-09-22", "sequenceNo" : 868, "repealedDate" : null, "fromSection" : "2116-B", "toSection" : "2116-B", "text" : " § 2116-b. Internal audit function. 1. No later than July first, two\\nthousand six, each school district shall establish an internal audit\\nfunction to be in operation no later than the following December\\nthirty-first. Such function shall include: (a) development of a risk\\nassessment of district operations, including but not limited to, a\\nreview of financial policies and procedures and the testing and\\nevaluation of district internal controls; (b) an annual review and\\nupdate of such risk assessment; and (c) preparation of reports, at least\\nannually or more frequently as the trustees or board of education may\\ndirect, which analyze significant risk assessment findings, recommend\\nchanges for strengthening controls and reducing identified risks, and\\nspecify timeframes for implementation of such recommendations.\\n 2. School districts of less than eight teachers, school districts with\\nactual general fund expenditures totaling less than five million dollars\\nin the previous school year, or school districts with actual enrollment\\nof less than one thousand five hundred students in the previous school\\nyear shall be exempt from this requirement. Any school district claiming\\nsuch exemption shall annually certify to the commissioner that such\\nschool district meets the requirements set forth in this subdivision.\\n 3. The commissioner, in consultation with the comptroller, is\\nauthorized to promulgate regulations with respect to the internal audit\\nfunction as is necessary for the proper performance of its duties,\\nincluding standards, qualifications and training for audit personnel. In\\ndeveloping such regulations, the commissioner shall consider the\\ndiffering needs, capabilities and environments of school districts of\\nvarying sizes across the state.\\n 4. A district shall be permitted to utilize existing district\\npersonnel to fulfill this function, but such persons shall not have any\\nresponsibility for other business operations of the district while\\nperforming such function.\\n 5. A district shall be permitted to use (a) inter-municipal\\ncooperative agreements, (b) shared services to the extent authorized by\\nsection nineteen hundred fifty of this title, or (c) independent\\ncontractors, to fulfill this function as long as personnel or entities\\nperforming the internal audit function comply with any regulations\\nissued by the commissioner and meet professional auditing standards for\\nindependence between the auditor and the district.\\n 6. Personnel or entities performing the internal audit function shall\\nreport directly to the trustees or board of education of each district.\\nThe district audit committee established under section twenty-one\\nhundred sixteen-c of this article shall assist in the oversight of the\\ninternal audit function on behalf of the trustees or board.\\n 7. Nothing in this section shall be construed as requiring a school\\ndistrict in any city with a population of one hundred twenty-five\\nthousand or more to replace or modify an existing internal audit\\nfunction where such function already exists by special or local law, so\\nlong as the superintendent of the district annually certifies to the\\ncommissioner that the existing internal audit function meets or exceeds\\nthe requirements of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2116-C", "title" : "Audit committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2116-C", "activeDate" : "2014-09-22", "sequenceNo" : 869, "repealedDate" : null, "fromSection" : "2116-C", "toSection" : "2116-C", "text" : " § 2116-c. Audit committees. 1. Every school district, except those\\nemploying fewer than eight teachers, shall establish by a resolution of\\nthe trustees or board of education an audit committee to oversee and\\nreport to the trustees or board on the annual audit of the district\\nrecords as required by section twenty-one hundred sixteen-a of this\\narticle.\\n 2. The audit committee shall be established no later than January\\nfirst, two thousand six as a committee of the trustees or board, as an\\nadvisory committee, or as a committee of the whole. An advisory\\ncommittee may include, or be composed entirely of persons other than\\ntrustees or members of the board if, in the opinion of the trustees or\\nboard, such membership is advisable to provide accounting and auditing\\nexpertise.\\n 3. The audit committee shall consist of at least three members, who\\nshall serve without compensation. Committee members shall be reimbursed\\nfor any actual and necessary expenditures incurred in relation to\\nattendance at meetings. Employees of the school district are prohibited\\nfrom serving on the audit committee. A member of an audit committee\\nshall be deemed a school district officer for the purposes of sections\\nthirty-eight hundred eleven through thirty-eight hundred thirteen of\\nthis chapter, but shall not be required to be a resident of the school\\ndistrict.\\n 4. The role of an audit committee shall be advisory and any\\nrecommendations it provides to the trustees or board under subdivisions\\nfive and six of this section shall not substitute for any required\\nreview and acceptance by the trustees or board of education. If required\\nby a regulation adopted by the commissioner, the annual audit report\\nprepared by an independent certified public accountant or an independent\\npublic accountant shall not be deemed final until accepted by a\\nresolution adopted by the trustees or board of education.\\n 5. It shall be the responsibility of the audit committee to:\\n (a) provide recommendations regarding the appointment of the external\\nauditor for the district;\\n (b) meet with the external auditor prior to commencement of the audit;\\n (c) review and discuss with the external auditor any risk assessment\\nof the district's fiscal operations developed as part of the auditor's\\nresponsibilities under governmental auditing standards for a financial\\nstatement audit and federal single audit standards if applicable;\\n (d) receive and review the draft annual audit report and accompanying\\ndraft management letter and, working directly with the external auditor,\\nassist the trustees or board of education in interpreting such\\ndocuments;\\n (e) make a recommendation to the trustees or board of education on\\naccepting the annual audit report; and\\n (f) review every corrective action plan to be developed by a school\\ndistrict as required by section twenty-one hundred sixteen-a of this\\narticle and assist the trustees or board of education in the\\nimplementation of such plan.\\n 6. In addition, it shall be the responsibility of the audit committee\\nto assist in the oversight of the internal audit function required by\\nsection twenty-one hundred sixteen-b of this article, including, but not\\nlimited to, providing recommendations regarding the appointment of the\\ninternal auditor for the school district, the review of significant\\nfindings and recommendations of the internal auditor, monitoring of the\\nschool district's implementation of such recommendations, and the\\nevaluation of the performance of the internal audit function.\\n 7. Notwithstanding any provision of article seven of the public\\nofficers law or any other law to the contrary, a school district audit\\ncommittee may conduct an executive session pursuant to section one\\nhundred five of the public officers law pertaining to any matter set\\nforth in paragraphs b, c, and d of subdivision five of this section. Any\\ntrustee or member of the board of education who is not a member of such\\naudit committee may be allowed to attend an audit committee meeting if\\nauthorized by a resolution of the trustees or board of education.\\n 8. The commissioner is authorized to promulgate regulations with\\nrespect to audit committees as is necessary for the proper performance\\nof their duties.\\n 9. As long as the chancellor of a school district in a city having a\\npopulation of one million or more inhabitants shall annually certify to\\nthe commissioner that such district has a process for review by an audit\\ncommittee of the district's annual audit that meets or exceeds the\\nrequirements of this section, the provisions of this section shall not\\napply to such school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2117", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2117", "activeDate" : "2014-09-22", "sequenceNo" : 870, "repealedDate" : null, "fromSection" : "2117", "toSection" : "2117", "text" : " § 2117. Reports. 1. The school authorities of each school district\\nshall make a full report to the commissioner of education upon any\\nparticular matter relating to their schools whenever such report shall\\nbe required by said commissioner.\\n 2. The school authorities of each such school district shall, on the\\nfirst day of August in each year, make to the commissioner of education\\na report in writing for the year ending June thirtieth preceding. In\\ndistricts under the jurisdiction of a district superintendent, such\\nreports shall be first submitted to the district superintendent, in\\nduplicate, and he shall approve one copy and file it with the\\ncommissioner of education. Such report shall be in such form as the\\ncommissioner of education shall approve; and every such report shall\\ncertify:\\n a. The whole time school has been maintained in their district during\\nthe year ending on June thirtieth previous to the date of such report,\\nand stating what portion of the time such school has been taught by\\nqualified teachers, and the whole number of days, including holidays, in\\nwhich the school was taught by qualified teachers.\\n b. The amount of their drafts upon the county treasurer, collector or\\ntreasurer of the district for the payment of teachers' salaries during\\nsuch year, and the amount of their drafts for the purchase of books and\\nschool apparatus during such year, and the manner in which such moneys\\nhave been expended.\\n c. The number of children taught in the district during such year by\\nqualified teachers, and the aggregate days' attendance of all such\\nchildren.\\n d. The number of children residing in their district, from birth and\\nunder eighteen years of age, who shall have been, on the thirtieth day\\nof August last preceding the date of such report, legal residents of\\nsuch district. Children supported at an orphan asylum shall not be\\nincluded in such enumeration.\\n e. The number of vaccinated and unvaccinated children of school age in\\ntheir district.\\n f. The amount of money paid for teachers' salaries, in addition to the\\npublic money paid therefor, the amount of taxes levied in such district\\nfor purchasing school sites, for building, hiring, purchasing, repairing\\nand insuring schoolhouses, for fuel, for school libraries, or for any\\nother purpose allowed by law.\\n g. Such additional information in relation to the schools under their\\nmanagement and control as the commissioner of education shall require.\\n 3. The commissioner of education shall prepare, based on information\\nsubmitted to him by school districts, periodic reports covering new\\nschool buildings giving information about them including but not limited\\nto the following:\\n (1) Cost of site.\\n (2) Cost of site improvement including roads, parking, playfields, and\\nutility lines to the building wall.\\n (3) Original furnishings, equipment and apparatus.\\n (4) Professional fees.\\n (5) Incidental costs.\\n (6) Total cost of building.\\n (7) Cost of building per pupil.\\n (8) Cost of building per gross square foot.\\n (9) Cost per gross square foot of the heating and ventilating.\\n (10) Cost per gross square foot of the plumbing.\\n (11) Cost per gross square foot of the electrical work.\\n (12) Square foot per pupil in the total gross area.\\n (13) Square foot per pupil in the net area of the regular and special\\nclassrooms.\\n (14) Square foot per pupil in the net area of other rooms used for\\neducational, health, administrative or social purposes such as the\\ncafeteria, auditorium, gymnasium, kitchen and library.\\n (15) Square foot per pupil of the remaining difference between the\\ngross area and the sum of thirteen and fourteen which would include\\ntoilet rooms, general storage, corridors, stair enclosures, janitor\\nclosets, boiler rooms, building machinery rooms and the area occupied by\\nthe walls of the building.\\n (16) An outline of the school plan.\\n (17) A brief outline specification for the building construction.\\n (18) The name of the architect.\\n (19) The name of the mechanical engineer.\\n (20) The name of the structural engineer.\\n (21) Whether single or multiple bidding was used.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2118", "title" : "Expenses of school district officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2118", "activeDate" : "2014-09-22", "sequenceNo" : 871, "repealedDate" : null, "fromSection" : "2118", "toSection" : "2118", "text" : " § 2118. Expenses of school district officers. All school district\\nofficers, including trustees and members of boards of education, shall\\nbe entitled to be reimbursed for any expenses actually and necessarily\\nincurred in the performance of their official duties. Mileage rates\\nestablished for the use of personally owned cars in lieu of auditing and\\nallowing claims for actual and necessary expenses of travel under the\\nprovisions of subdivision twenty-seven of section sixteen hundred four\\nof this chapter, shall apply to claims under this section. This section\\nshall not apply to district superintendents of schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2119", "title" : "School district trustee not to draw draft on county treasurer in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2119", "activeDate" : "2014-09-22", "sequenceNo" : 872, "repealedDate" : null, "fromSection" : "2119", "toSection" : "2119", "text" : " § 2119. School district trustee not to draw draft on county treasurer\\nin certain cases. A school district trustee who issues an order or\\ndraws a draft on a county treasurer, district treasurer or collector or\\nother disbursing officer of such district for any money, unless there is\\nat the time sufficient money in the hands of such county treasurer,\\ndistrict treasurer or collector or other disbursing officer belonging to\\nthe district to meet such order or draft, is guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 22 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A43P2", "title" : "District Clerk; Treasurer; Collector", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 873, "repealedDate" : null, "fromSection" : "2121", "toSection" : "2130", "text" : " PART II\\n DISTRICT CLERK; TREASURER; COLLECTOR\\n 2121. Duties of district clerk.\\n 2122. Powers and duties of district treasurer in common school\\n district.\\n 2123. Compensation of clerk and treasurer in common school\\n districts.\\n 2124. Collector's official undertaking in common school\\n district.\\n 2125. Collector to disburse state moneys.\\n 2126. Payments and reports by collector.\\n 2127. Liability of collector for moneys lost.\\n 2128. Remedy of trustees against collector in default.\\n 2129. Deposit of moneys by treasurer and collector.\\n 2130. Clerk, treasurer and collector in union free school\\n district.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2121", "title" : "Duties of district clerk", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2121", "activeDate" : "2014-09-22", "sequenceNo" : 874, "repealedDate" : null, "fromSection" : "2121", "toSection" : "2121", "text" : " § 2121. Duties of district clerk. It shall be the duty of the clerk\\nof each school district:\\n 1. To record the proceedings of all meetings of the voters of his\\ndistrict in a book to be provided for that purpose by the district, and\\nto enter therein true copies of all reports made by the trustees to the\\ndistrict superintendent.\\n 2. To give notice, in the manner prescribed by subdivision two of\\nsection two thousand one, of the time and place of holding special\\ndistrict meetings called by the trustees.\\n 3. To affix a notice in writing of the time and place of any adjourned\\nmeeting in at least five of the most public places of such district,\\nwhen the meeting shall have been adjourned for a longer time than one\\nmonth. Such notice shall be so affixed at least five days before the\\ntime appointed for such adjourned meeting.\\n 4. To give the required notice of every annual district meeting.\\n 5. To give notice immediately to every person elected or appointed to\\noffice of his election or appointment; and also to report to the town\\nclerk of the town in which the schoolhouse of his district is situated,\\nthe names and post-office addresses of such officers, under a penalty of\\nfive dollars for neglect in each instance.\\n 6. To notify the trustees of every resignation duly accepted by the\\ndistrict superintendent.\\n 7. To keep and preserve all records, books and papers belonging to his\\noffice and to deliver the same to his successor. For a refusal or\\nneglect so to do, he shall forfeit fifty dollars for the benefit of the\\nschools of the district, to be recovered by the trustees.\\n 8. In the event that the district shall be dissolved, to deposit the\\nbooks, papers and records of his office with the clerk of the successor\\nschool district.\\n 9. To attend all meetings of the board of trustees when notified, and\\nkeep a record of their proceedings in a book provided for that purpose.\\n 10. To call special meetings of the inhabitants whenever all the\\ntrustees of the district shall have vacated their office.\\n 11. To immediately notify the county treasurer of the name and address\\nof persons elected to the office of district treasurer, if a treasurer\\nis elected, and to the office of district collector.\\n 12. To receive, keep and preserve any and all records, books and\\npapers of the respective dissolved school districts deposited with him\\npursuant to section fifteen hundred nineteen of this chapter, and such\\nrecords together with any records of dissolved school districts\\nheretofore deposited shall be considered to be records of the successor\\nschool district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2122", "title" : "Powers and duties of district treasurer in common school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2122", "activeDate" : "2014-09-22", "sequenceNo" : 875, "repealedDate" : null, "fromSection" : "2122", "toSection" : "2122", "text" : " § 2122. Powers and duties of district treasurer in common school\\ndistrict. 1. The treasurer of a school district shall be the chief\\naccounting officer and the custodian of all moneys belonging to the\\ndistrict from whatever source derived, and it is hereby made the duty of\\nthe trustees of such district to pay to such treasurer any and all\\nmoneys that may come into their hands belonging to such district derived\\nfrom sales of personal or real property of the district, from insurance\\npolicies, from bonds of the district issued and sold by them, or from\\nany other source whatever.\\n 2. Such treasurer is hereby authorized and empowered to receive from\\nthe collector of such district all moneys collected by such collector\\nunder and by virtue of any tax list and warrant issued and delivered to\\nhim.\\n 3. Such treasurer is hereby authorized and empowered to demand and\\nreceive from the county treasurer of the county in which such school\\ndistrict is situated all public money apportioned to said district.\\n 4. It shall be the duty of such treasurer before entering upon the\\ndischarge of his duties to execute and deliver to the trustees of such\\ndistrict, his official undertaking in such sum as shall have been fixed\\nby a district meeting or as such trustees with the approval of the\\ndistrict superintendent of schools shall require, with a corporate\\nsurety to be approved by such trustees and by the district\\nsuperintendent of schools, conditioned to faithfully discharge the\\nduties of his office, and to well and truly account for all moneys\\nreceived by him, and to pay over any sums of money remaining in his\\nhands to his successor in office. Such official undertaking when so\\nexecuted and approved by resolution of such trustees shall be filed with\\nthe clerk of the district. The expense of any undertaking executed\\npursuant to this section shall be a school district charge.\\n 5. No moneys shall be paid out or disbursed by such treasurer, except\\nupon the written orders of a sole trustee, or a majority of the\\ntrustees.\\n 6. Such treasurer shall, whenever required by such trustees, report to\\nthem a detailed statement of the moneys received by him and of his\\ndisbursements, and at the annual meeting of such district he shall\\nrender a full account of all moneys received by him and from what\\nsource, and when received, and all disbursements made by him and to whom\\nand the dates of such disbursements respectively, and the balance of\\nmoneys remaining in his hands.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2123", "title" : "Compensation of clerk and treasurer in common school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2123", "activeDate" : "2014-09-22", "sequenceNo" : 876, "repealedDate" : null, "fromSection" : "2123", "toSection" : "2123", "text" : " § 2123. Compensation of clerk and treasurer in common school\\ndistricts. The clerk and treasurer of every common school district may\\nbe entitled to receive such compensation for their services as shall be\\nfixed at an annual meeting of the district. In case such provision is\\nnot made at an annual meeting for the compensation of the clerk and/or\\ntreasurer of such common school district, the trustees of the district\\nmay fix the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2124", "title" : "Collector's official undertaking in common school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2124", "activeDate" : "2014-09-22", "sequenceNo" : 877, "repealedDate" : null, "fromSection" : "2124", "toSection" : "2124", "text" : " § 2124. Collector's official undertaking in common school district.\\n1. It shall be the duty of the collector, before entering upon the\\ndischarge of his duties to execute and deliver to the trustees of the\\ndistrict, his official undertaking, with a corporate surety, to be\\napproved by a majority of the trustees and by the district\\nsuperintendent of schools, in such amount as the district meeting shall\\nhave fixed, or if such meeting shall not have fixed the amount then in\\nsuch amount as the trustees with the approval of the district\\nsuperintendent of schools shall deem reasonable, conditioned for the due\\nand faithful execution of the duties of his office and for the proper\\naccounting for all moneys that may come into the hands of such collector\\nfrom any source whatsoever.\\n 2. The trustees, upon receiving said official undertaking, shall, if\\nthey approve thereof, adopt a resolution to that effect, and if the\\ndistrict superintendent also approve thereof he shall indorse his\\napproval thereon, whereupon the trustees or the district superintendent\\nshall forthwith file the same with the clerk of the district. The\\nexpense of any undertaking executed pursuant to this section shall be a\\nschool district charge.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2125", "title" : "Collector to disburse state moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2125", "activeDate" : "2014-09-22", "sequenceNo" : 878, "repealedDate" : null, "fromSection" : "2125", "toSection" : "2125", "text" : " § 2125. Collector to disburse state moneys. In any school district\\nwhich does not have a treasurer it shall be the duty of the collector of\\nsuch district to disburse the money apportioned by the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2126", "title" : "Payments and reports by collector", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2126", "activeDate" : "2014-09-22", "sequenceNo" : 879, "repealedDate" : null, "fromSection" : "2126", "toSection" : "2126", "text" : " § 2126. Payments and reports by collector. 1. The collector shall\\nkeep in his possession all moneys received or collected by him by virtue\\nof any warrant, or received by him from the county treasurer or board of\\nsupervisors for taxes returned as unpaid, or moneys apportioned by the\\nstate or raised by direct taxation, and pay the same out upon the\\nwritten order of a majority of the trustees.\\n 2. When a treasurer shall have been elected or appointed in a school\\ndistrict, the collector of such district shall pay over all moneys\\ncollected by him under and by virtue of any tax list and warrant issued\\nand delivered to him, to said treasurer; and he shall report in writing,\\nat the annual meeting, all his collections, receipts and disbursements,\\nand shall report to the county treasurer on or before the first Tuesday\\nof March in each year the amounts of school moneys in his hands not paid\\nout on trustees' orders, and shall pay over to his successor in office,\\nwhen such successor has duly qualified and given a bond as required by\\nsection twenty-one hundred twenty-four, all moneys in his hands\\nbelonging to the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2127", "title" : "Liability of collector for moneys lost", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2127", "activeDate" : "2014-09-22", "sequenceNo" : 880, "repealedDate" : null, "fromSection" : "2127", "toSection" : "2127", "text" : " § 2127. Liability of collector for moneys lost. If by the neglect of\\nthe collector any moneys shall be lost to a school district, which might\\nhave been collected within the time limited in the warrant delivered to\\nhim for their collection, he shall forfeit to such district the amount\\nof the moneys thus lost, and shall account for and pay over the same to\\nthe trustees of such district, in the same manner as if they had been\\ncollected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2128", "title" : "Remedy of trustees against collector in default", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2128", "activeDate" : "2014-09-22", "sequenceNo" : 881, "repealedDate" : null, "fromSection" : "2128", "toSection" : "2128", "text" : " § 2128. Remedy of trustees against collector in default. For the\\nrecovery of all such forfeitures, and of all balances, in the hands of\\nthe collector, which he shall have neglected or refused to pay to his\\nsuccessor, or to the treasurer of such district, the trustees, in the\\nname of their office, shall have their remedy upon the official\\nundertaking of the collector, or any action and any remedy given by law;\\nand they shall apply all such moneys, when recovered, in the same manner\\nas if paid without suit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2129", "title" : "Deposit of moneys by treasurer and collector", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2129", "activeDate" : "2014-09-22", "sequenceNo" : 882, "repealedDate" : null, "fromSection" : "2129", "toSection" : "2129", "text" : " § 2129. Deposit of moneys by treasurer and collector. All moneys\\nreceived by the treasurer and collector shall be deposited and secured\\nin the manner provided by section ten of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2130", "title" : "Clerk, treasurer and collector in union free school district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2130", "activeDate" : "2014-09-22", "sequenceNo" : 883, "repealedDate" : null, "fromSection" : "2130", "toSection" : "2130", "text" : " § 2130. Clerk, treasurer and collector in union free school district.\\n1. In every union free school district the board of education shall\\nhave the power to appoint one of their number, or some other individual\\nas clerk of the board of education of such district.\\n 2. Such clerk shall also act as clerk of said district, and shall\\nperform all the clerical and other duties pertaining to his office, and\\nfor his services he shall be entitled to receive such compensation as\\nshall be fixed at an annual meeting of such district.\\n 3. In case no provision is made at an annual meeting for the\\ncompensation of a clerk, the board of education may fix the same.\\n 4. The board of education in every union free school district whose\\nlimits do not correspond with those of an incorporated village or city\\nshall appoint a district treasurer, and a collector who shall hold\\noffice during the pleasure of the board. The board shall also fix the\\ncompensation of the treasurer. The board of education of such district\\nmay also fix the compensation of the collector, which shall be in lieu\\nof all fees to which a school district collector might be entitled,\\nunder the provisions of this chapter. The treasurer, collector, village\\nreceiver or village collector and town official who acts as school\\ncollector, shall deposit and secure all sums of money received and\\ncollected by them in the manner provided by section ten of the general\\nmunicipal law.\\n Notwithstanding the provisions of section ten of the general municipal\\nlaw, the board of education of the Fishers Island union free school\\ndistrict in the town of Southold, Suffolk county may designate a\\ndepositary located in the state of Connecticut. The board may require a\\nreport by the cashier of the depositaries to be submitted at any regular\\nmeeting of the board of the amount of deposit to the credit of the\\ntreasurer.\\n 5. Such treasurer and collector shall each, and within ten days after\\nnotice in writing of his appointment, duly served upon him, and before\\nentering upon the duties of his office, execute and deliver to the said\\nboard of education an official undertaking, with such sufficient penalty\\nand corporate surety as the board may require, conditioned for the\\nfaithful discharge of the duties of his office; and in case such\\nofficial undertaking shall not be given within the time specified, such\\noffice shall thereby become vacant, and said board shall thereupon, by\\nappointment, fill such vacancy. In districts under the jurisdiction of a\\ndistrict superintendent of schools, such official undertakings shall\\nalso be approved by him. They shall be filed in the office of the clerk\\nof the district. The expense of any undertaking executed pursuant to\\nthis section shall be a school district charge.\\n 6. So much of this section as relates to the election of a clerk shall\\nnot apply to the towns of Cortlandt and White Plains in Westchester\\ncounty.\\n 7. Notwithstanding any other provision of law, the board of education\\nof the Bronxville Union Free School District shall appoint a district\\ntreasurer who shall hold office during the pleasure of the board. The\\nboard shall also fix the compensation of the treasurer. The treasurer\\nshall deposit and secure all sums of money received and collected by him\\nor her in the manner provided by section ten of the general municipal\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A43P3", "title" : "Town and County Officials", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 884, "repealedDate" : null, "fromSection" : "2140", "toSection" : "2143", "text" : " PART III\\n TOWN AND COUNTY OFFICIALS\\n 2140. Duties of town clerks.\\n 2141. Expenses of town clerks.\\n 2142. Duties of supervisors.\\n 2143. County clerks and county treasurers to forward certain\\n reports.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2140", "title" : "Duties of town clerks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2140", "activeDate" : "2014-09-22", "sequenceNo" : 885, "repealedDate" : null, "fromSection" : "2140", "toSection" : "2140", "text" : " § 2140. Duties of town clerks. It shall be the duty of the town clerk\\nof each town: 1. To keep all books, maps, papers, and records of his\\noffice touching public schools, and forthwith to report to the district\\nsuperintendent any loss or injury to the same.\\n 2. To receive from the district superintendent or superintendents the\\ncertificates of apportionment of school moneys to each school district\\nor part of a school district of the town, and to record them in a book\\nto be kept for that purpose.\\n 3. To notify forthwith the trustees of the several school districts of\\nthe filing of each such certificate.\\n 4. To furnish the district superintendent of the supervisory district\\nin which his town is situated the names and postoffice addresses of the\\nschool district officers reported to him by the district clerks.\\n 5. To distribute to the trustees of the school districts all books,\\nblanks and circulars which shall be delivered or forwarded to him by the\\ncommissioner of education or district superintendent for that purpose.\\n 6. To receive, file and record the descriptions of the school\\ndistricts, and all papers and proceedings delivered to him by the\\ndistrict superintendent pursuant to the provisions of this chapter.\\n 7. To act, when thereto legally required, in the erection or\\nalteration of a school district, as in article thirty-one of this\\nchapter provided.\\n 8. To deliver within one year from the effective date of this act to\\nthe clerk of the successor district any and all records of the\\nrespective dissolved school districts heretofore deposited in the town\\nclerk's office pursuant to section fifteen hundred nineteen of the\\neducation law as it existed prior to this act, and to notify in writing\\nthe district superintendent of the supervisory district in which such\\nsuccessor school district is situated that such records have been so\\ndeposited.\\n 9. To perform any other duty which may be devolved upon him by this\\nchapter, or by any other law touching public schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2141", "title" : "Expenses of town clerks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2141", "activeDate" : "2014-09-22", "sequenceNo" : 886, "repealedDate" : null, "fromSection" : "2141", "toSection" : "2141", "text" : " § 2141. Expenses of town clerks. The necessary expenses and\\ndisbursements of the town clerk in the performance of his said duties,\\nare a town charge, and shall be audited and paid as such.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2142", "title" : "Duties of supervisors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2142", "activeDate" : "2014-09-22", "sequenceNo" : 887, "repealedDate" : null, "fromSection" : "2142", "toSection" : "2142", "text" : " § 2142. Duties of supervisors. It is the duty of every supervisor: 1.\\nTo sue for and recover, in the name of his office, when the duty is not\\nelsewhere imposed by law, all penalties and forfeitures imposed by this\\nchapter, and for any default or omission of any town officer or school\\ndistrict board or officer under this chapter; and after deducting his\\ncosts and expenses to report the balances to the district\\nsuperintendent.\\n 2. To act, when legally required, in the erection or alteration of a\\nschool district, as provided in article thirty-one of this chapter, and\\nto perform any other duty which may be devolved upon him by this\\nchapter, or any other law relating to public schools.\\n 3. To take and hold possession of the gospel and school lots of his\\ntown.\\n 4. To lease the same for such time not exceeding twenty-one years, and\\nupon such conditions as he shall deem expedient.\\n 5. To sell the same with the advice and consent of the town board or,\\nif the town board shall so direct, with the advice and consent of the\\ninhabitants of the town, at a town election, for such price and upon\\nsuch terms of credit as shall appear to him most advantageous.\\n 6. To invest the proceeds of such sales in loans, secured by bond and\\nmortgage upon unincumbered real property of the value of double the\\namount loaned.\\n 7. To purchase the property so mortgaged upon a foreclosure, and to\\nhold and convey, pursuant to the provisions of this section, the\\nproperty so purchased whenever it shall become necessary.\\n 8. To re-loan the amount of such loans repaid to him, upon the like\\nsecurity.\\n 9. To apply the rents and profits of such lots, and the interest of\\nthe money arising from the sale thereof, to the support of schools, as\\nmay be provided by law, in such manner as shall be thus provided.\\n 10. To render a just and true account of the proceeds of the sales and\\nthe interest on the loans thereof, and of the rents and profits of such\\ngospel and school lots, and of the expenditure and appropriation\\nthereof, on the last Tuesday next preceding the biennial town election,\\nto the town board.\\n 11. To deliver over to his successor in office, all books, papers and\\nsecurities relating to the same, at the expiration of his term of\\noffice.\\n 12. To take therefor a receipt, which shall be filed in the clerk's\\noffice of the town.\\n 13. To commence and prosecute in and by the name and style of the\\nsupervisor of the town any suits against any of his predecessors in\\noffice or against any other person to recover any debt, dues or demands,\\nin anywise arising from such public lot; and no such suit shall abate by\\nthe death, resignation or removal from office of the said supervisor but\\nthe same shall and may be prosecuted to judgment and execution by his\\nsuccessor in office.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2143", "title" : "County clerks and county treasurers to forward certain reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2143", "activeDate" : "2014-09-22", "sequenceNo" : 888, "repealedDate" : null, "fromSection" : "2143", "toSection" : "2143", "text" : " § 2143. County clerks and county treasurers to forward certain\\nreports. 1. The county clerk of each county shall, upon the requisition\\nof the commissioner of education, file with such commissioner any\\nreports of trustees of school districts and boards of education or the\\nabstract of such reports made by district superintendents which have\\nbeen filed in the office of such county clerk pursuant to the provisions\\nof this chapter, whenever it is necessary for the commissioner of\\neducation to obtain information or data contained in official reports\\nwhich have been transmitted to the education department but which have\\nbeen destroyed by fire or otherwise.\\n 2. The county treasurer of each county shall, upon the requisition of\\nthe commissioner of education, forward to said commissioner any original\\ncertificates relating to the apportionment of school moneys which the\\ncommissioner of education has filed in the office of such treasurer,\\nwhenever it is necessary to obtain information on the apportionment of\\nschool moneys when the data relating thereto in the office of the\\ncommissioner of education have been destroyed by fire or otherwise.\\nAfter securing such information as may be necessary from such\\ncertificates, the commissioner of education shall return the same to the\\ntreasurer of such county.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A45", "title" : "Supervisory Districts", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45", "activeDate" : "2014-09-22", "sequenceNo" : 889, "repealedDate" : null, "fromSection" : "2201", "toSection" : "2218", "text" : " ARTICLE 45\\n SUPERVISORY DISTRICTS\\nSection 2201. Supervisory districts.\\n 2202. Office of district superintendent of schools continued.\\n 2204. Appointment of district superintendent.\\n 2205. Qualifications of district superintendent.\\n 2206. District superintendent must take oath of office.\\n 2208. Vacancies in the office of district superintendent.\\n 2209. Salary of district superintendent.\\n 2211. Salary of district superintendent may be withheld.\\n 2212. Removal of district superintendent from office.\\n 2212-b. Mandatory withholding of excess salaries and benefits;\\n removal from office for violations of salary and\\n benefit caps.\\n 2213. District superintendent not to engage in other business.\\n 2214. District superintendent not to be interested in certain\\n business.\\n 2215. General powers and duties of district superintendent.\\n 2216. District superintendent subject to regulations of\\n commissioner of education.\\n 2217. Appeals from acts of district superintendent.\\n 2218. Partitioning of territory and formation of new school\\n districts by district superintendents.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2201", "title" : "Supervisory districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2201", "activeDate" : "2014-09-22", "sequenceNo" : 890, "repealedDate" : null, "fromSection" : "2201", "toSection" : "2201", "text" : " § 2201. Supervisory districts. 1. All supervisory districts in\\nexistence on the date this section, as hereby amended, takes effect, are\\nhereby continued and may be altered or dissolved as provided in\\nsubdivisions two and three of this section.\\n 2. Whenever a vacancy hereafter occurs in the office of district\\nsuperintendent of schools in any supervisory district or whenever the\\ncommissioner receives a letter of resignation from a district\\nsuperintendent, the commissioner shall survey the field in the county\\nwhere the vacancy occurred, and if it shall find that the continuance of\\nthe number of supervisory districts then existing is no longer necessary\\nto serve adequately the educational interests of the county he or she\\nshall be authorized to conduct a study to examine the possible\\nreorganization of such supervisory district if no such study has been\\nconducted within five years.\\n 3. The commissioner is authorized when in his judgment such action\\nwill promote the educational interests of the area to study the transfer\\nof one or more school districts in another adjoining supervisory\\ndistrict, to such supervisory district.\\n 4. The commissioner shall complete such study no later than four\\nmonths after the date such vacancy occurred in the office of district\\nsuperintendent. The findings of such study shall be presented to the\\nboards of trustees and boards of education by the regent representing\\nsuch boards at a public meeting held no later than thirty days after the\\ncompletion of such study, for the purpose of eliciting public comment on\\nthe proposed reorganization plan, a copy of such plan shall be provided\\nto the governor, the temporary president of the senate and the speaker\\nof the assembly. The commissioner shall cause notice of such meeting to\\nbe posted at least ten days before each such meeting in ten conspicuous\\nplaces in the school district. In addition to the posting of such\\nnotice, a copy thereof shall be duly published, at least three days\\nbefore such meeting, in a daily or weekly newspaper published within, or\\nin general circulation in, the supervisory district in which the meeting\\nis to be held. The expense of posting and publishing such notice shall\\nbe a charge upon the component districts contained within such\\nsupervisory district.\\n 5. The commissioner shall be authorized to reorganize any supervisory\\ndistrict, upon completion of the requirements herein, when in his\\njudgement such action will promote the educational interests of such\\nsupervisory districts affected.\\n 6. Such changes in supervisory districts shall conform to the\\nfollowing requirements:\\n a. No school district shall be divided between supervisory districts.\\n b. The territory of supervisory districts shall remain contiguous and\\ncompact.\\n c. Towns shall remain arranged in supervisory districts so that there\\nshall be as equal a division of the territory and number of school\\ndistricts as may be practicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2202", "title" : "Office of district superintendent of schools continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2202", "activeDate" : "2014-09-22", "sequenceNo" : 891, "repealedDate" : null, "fromSection" : "2202", "toSection" : "2202", "text" : " § 2202. Office of district superintendent of schools continued. The\\noffice of district superintendent of schools is hereby continued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2204", "title" : "Appointment of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2204", "activeDate" : "2014-09-22", "sequenceNo" : 892, "repealedDate" : null, "fromSection" : "2204", "toSection" : "2204", "text" : " § 2204. Appointment of district superintendent. 1. The board of\\ncooperative educational services of a supervisory district shall meet\\nupon the direction of the commissioner of education, at a time and place\\ndesignated by the commissioner, for the purpose of appointing a district\\nsuperintendent of schools whenever a vacancy in such office shall occur,\\nunless the commissioner shall issue an order pursuant to section\\ntwenty-two hundred one redistricting the county so as to provide for a\\nlesser number of supervisory districts. Such direction shall be filed by\\nthe commissioner of education in the office of the clerk of the board of\\ncooperative educational services and the commissioner shall also mail a\\nnotice of the time and place of such meeting to each member of the board\\nof cooperative educational services of the district. If such vacancy\\nshall not be filled at such meeting, such meeting may be adjourned to a\\nsubsequent date, and the commissioner may appoint a district\\nsuperintendent of schools who shall serve until the board of cooperative\\neducational services shall fill such vacancy.\\n 2. In the appointment of such district superintendent the vote shall\\nbe by ballot and the person receiving a majority of all votes cast shall\\nbe appointed subject to the approval of the commissioner of education.\\nEach member of the board of cooperative educational services shall be\\nentitled to one vote in such appointment.\\n 3. The clerk of such board shall file a copy of the proceedings of\\neach such meeting and each such appointment, certified by himself and\\nthe president, in the office of the clerk of the county in which such\\nmeeting or appointment takes place and with the commissioner of\\neducation within five days after the close thereof.\\n 4. Whenever a district superintendent from one supervisory district is\\nappointed to be a temporary or acting superintendent in another\\nsupervisory district, he or she shall not receive any compensation for\\nduties associated with the temporary or acting position.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2205", "title" : "Qualifications of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2205", "activeDate" : "2014-09-22", "sequenceNo" : 893, "repealedDate" : null, "fromSection" : "2205", "toSection" : "2205", "text" : " § 2205. Qualifications of district superintendent. 1. To be eligible\\nto appointment to the office of district superintendent of schools a\\nperson must be at least twenty-one years of age, a citizen of the United\\nStates and a resident of the state. No person shall be ineligible on\\naccount of sex.\\n 2. In addition thereto he shall possess or be entitled to a\\nsuperintendent's certificate as provided in section three thousand three\\nof this chapter.\\n 3. A district superintendent who is removed from office shall not be\\neligible for appointment to such office in any supervisory district for\\na period of five years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2206", "title" : "District superintendent must take oath of office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2206", "activeDate" : "2014-09-22", "sequenceNo" : 894, "repealedDate" : null, "fromSection" : "2206", "toSection" : "2206", "text" : " § 2206. District superintendent must take oath of office. A district\\nsuperintendent of schools before entering upon the discharge of the\\nduties of his office, and not later than five days after the date on\\nwhich his term of office is to commence, shall take the oath of office\\nprescribed by the constitution. Such oath may be taken before a county\\nclerk, a justice of the peace, or a notary public, and must be filed in\\nthe office of the secretary of state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2208", "title" : "Vacancies in the office of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2208", "activeDate" : "2014-09-22", "sequenceNo" : 895, "repealedDate" : null, "fromSection" : "2208", "toSection" : "2208", "text" : " § 2208. Vacancies in the office of district superintendent. The office\\nof district superintendent of schools shall be vacant upon:\\n 1. The death of an incumbent.\\n 2. His removal from office by the commissioner of education.\\n 3. His filing in the offices of the commissioner of education and of\\nthe clerk of the board of cooperative educational services his written\\nresignation.\\n 4. His acceptance of the office of supervisor, town clerk or trustee\\nof a school district.\\n 5. His failure to take and file the oath of office as provided in this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2209", "title" : "Salary of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2209", "activeDate" : "2014-09-22", "sequenceNo" : 896, "repealedDate" : null, "fromSection" : "2209", "toSection" : "2209", "text" : "§ 2209. Salary of district superintendent. 1. Each district\\nsuperintendent shall receive an annual salary from the state of\\nforty-three thousand four hundred ninety-nine dollars, payable by the\\ncommissioner of education from moneys appropriated therefor, and in no\\nevent shall any moneys in excess of such amount be paid for such\\nsalaries unless this section is amended or explicitly notwithstood.\\n 2. The supervisors of the towns composing any supervisory district\\nmay by adopting a resolution by a majority vote increase the salary to\\nbe paid by such district to its district superintendent. Such\\nsupervisors must thereupon file with the clerk of the board of\\nsupervisors a certificate showing the amount of such increase. The\\nboard of supervisors of each county shall levy such amount annually by\\ntax on the towns composing such supervisory district within the county.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2211", "title" : "Salary of district superintendent may be withheld", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2211", "activeDate" : "2014-09-22", "sequenceNo" : 897, "repealedDate" : null, "fromSection" : "2211", "toSection" : "2211", "text" : " § 2211. Salary of district superintendent may be withheld. The\\ncommissioner of education may, whenever he is satisfied that a district\\nsuperintendent of schools has persistently neglected to perform an\\nofficial duty, withhold payment of the whole or any part of such\\nsuperintendent's salary as it shall become due and he may also withhold\\nany sum to which such superintendent shall be entitled for expenses and\\nthe amount thus withheld shall be forfeited; but said commissioner may\\nin his discretion remit such forfeiture in whole or in part\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2212", "title" : "Removal of district superintendent from office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2212", "activeDate" : "2014-09-22", "sequenceNo" : 898, "repealedDate" : null, "fromSection" : "2212", "toSection" : "2212", "text" : " § 2212. Removal of district superintendent from office. A district\\nsuperintendent may be removed from office at any time upon the\\naffirmative vote of a majority of the members of the board of\\ncooperative educational services, or by the commissioner pursuant to\\nsection three hundred six of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2212-B", "title" : "Mandatory withholding of excess salaries and benefits; removal from office for violations of salary and benefit caps", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2212-B", "activeDate" : "2014-09-22", "sequenceNo" : 899, "repealedDate" : null, "fromSection" : "2212-B", "toSection" : "2212-B", "text" : " § 2212-b. Mandatory withholding of excess salaries and benefits;\\nremoval from office for violations of salary and benefit caps. 1. The\\ncommissioner shall annually review whether district superintendents are\\nin full compliance with the provisions of subparagraph two of paragraph\\na of subdivision four of section nineteen hundred fifty of this title.\\nIt shall be the duty of each such superintendent to report each such\\nviolation.\\n 2. The commissioner shall withhold from the state salary paid to a\\ndistrict superintendent pursuant to this article twice the value of each\\nsuch violation, unless the commissioner determines that the violation\\nwas inadvertent, in which case the commissioner shall withhold the value\\nof such violation.\\n 3. In addition to the remedy described in subdivision two of this\\nsection, a district superintendent shall be removed from office, and the\\noffice deemed vacated, upon a finding by the commissioner that a\\ndistrict superintendent has intentionally, knowingly or repeatedly\\nviolated the provisions of subparagraph two of paragraph a of\\nsubdivision four of section nineteen hundred fifty of this title, or has\\nknowingly failed to report such violation voluntarily pursuant to\\nsubdivision one of this section. Upon such a finding and after affording\\nthe district superintendent the opportunity for a hearing, the\\ncommissioner shall take all necessary steps to remove the district\\nsuperintendent from office.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2213", "title" : "District superintendent not to engage in other business", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2213", "activeDate" : "2014-09-22", "sequenceNo" : 900, "repealedDate" : null, "fromSection" : "2213", "toSection" : "2213", "text" : " § 2213. District superintendent not to engage in other business. A\\ndistrict superintendent of schools shall devote his whole time to the\\nperformance of the duties of his office and shall not engage in any\\nother occupation or profession. Such time as shall not necessarily be\\ndevoted by a district superintendent of schools to the performance of\\nthe clerical and administrative work of his office shall be devoted to\\nthe visitation and inspection of the schools maintained in his\\nsupervisory district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2214", "title" : "District superintendent not to be interested in certain business", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2214", "activeDate" : "2014-09-22", "sequenceNo" : 901, "repealedDate" : null, "fromSection" : "2214", "toSection" : "2214", "text" : " § 2214. District superintendent not to be interested in certain\\nbusiness. A district superintendent of schools shall not: 1. Be directly\\nor indirectly interested otherwise than as author in the sale,\\npublication, or manufacture of school books, maps, charts, or school\\napparatus or in the sale or manufacture of school furniture or any other\\nschool or library supplies.\\n 2. Be directly or indirectly interested in any contract made by the\\ntrustees of a school district.\\n 3. Be directly or indirectly interested in any agency or bureau\\nmaintained to obtain or aid in obtaining positions for teachers or\\nsuperintendents.\\n 4. Directly or indirectly receive any emolument, gift, pay, reward or\\npromise of pay or reward for recommending or procuring the sale, use or\\nadoption or aiding in procuring the sale, use or adoption of any book,\\nmap, chart, school apparatus or furniture or other supplies for any\\nschool or library or for recommending a teacher or aiding a teacher in\\nobtaining an appointment to teach.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2215", "title" : "General powers and duties of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2215", "activeDate" : "2014-09-22", "sequenceNo" : 902, "repealedDate" : null, "fromSection" : "2215", "toSection" : "2215", "text" : " § 2215. General powers and duties of district superintendent. A\\ndistrict superintendent of schools shall have power and it shall be his\\nduty: 1. To inquire from time to time into and ascertain whether the\\nboundaries of the school districts within his supervisory district are\\ndefinitely and plainly described in the records of the office of the\\nproper town clerk; to cause to be made and filed in the education\\ndepartment a record of such boundaries; and in case the record of the\\nboundaries of any school district shall be found indefinite or\\ndefective, or if the same shall be in dispute, then to cause the same to\\nbe amended or an amended record of the boundaries to be made and filed\\nin the office of the proper town clerk and in the education department.\\nAll necessary expenses incurred in making and filing such records and in\\nestablishing such amended records shall be a charge on the district or\\ndistricts affected, to be audited and allowed by the trustees thereof,\\non the certificate of the district superintendent.\\n 2. To assemble all the teachers of his district by towns or otherwise,\\nfor the purpose of conference on the course of study, for reports of and\\nadvice and counsel in relation to discipline, school management and\\nother school work, and for promoting the general good of all the schools\\nof the district. Teachers shall be entitled to compensation for days\\nactually in attendance upon such conference.\\n 3. To hold meetings of trustees and other school officers and to\\nadvise with and counsel them in relation to their powers and duties and\\nparticularly in relation to the repair, construction, heating,\\nventilating and lighting of schoolhouses and improving and adorning the\\nschool grounds. To especially advise trustees relative to the employment\\nof teachers, the adoption of textbooks and the purchase of library\\nbooks, school apparatus, furniture and supplies.\\n 6. At the direction of the commissioner, to direct the trustees of any\\ndistrict to abate any nuisance in or on the school grounds.\\n 7. To approve the amount of or the corporate sureties on official\\nundertakings of treasurers and collectors of school districts, where\\nsuch approval is required pursuant to law.\\n 8. At the direction of the commissioner, to condemn a schoolhouse as\\nprovided in section four hundred twelve of this chapter.\\n 9. To examine and license teachers pursuant to the provisions of this\\nchapter. He shall also conduct such other examinations as the\\ncommissioner of education shall direct.\\n 10. To examine any charge affecting the moral character of any teacher\\nresiding or employed within his district, and to revoke such teachers'\\ncertificate as provided by section three thousand eighteen of this\\nchapter.\\n 11. To take affidavits and administer oaths in all matters pertaining\\nto the public school system, but without charge or fee.\\n 12. To take and report to the commissioner of education under the\\ndirection of such commissioner testimony in a case on appeal. In such a\\ncase or in any matter or proceeding to be heard or determined by the\\ndistrict superintendent, he may issue a subpoena to compel the\\nattendance of a witness. A subpoena issued under this section shall be\\nregulated by the civil practice law and rules.\\n 13. To exercise in his discretion any of the powers and perform any of\\nthe duties of another district superintendent on the written request of\\nsuch other superintendent, and he must exercise such powers and perform\\nsuch duties when directed to do so by the commissioner of education.\\n 14. To make such investigations and to make such reports to the\\ncommissioner of education upon any matter or act as said commissioner\\nshall from time to time request. He shall make an annual report on the\\nfirst day of August in such form and giving such information as the\\ncommissioner of education shall require.\\n 15. To participate in the permanent computerized statewide school\\ndistrict address match and income verification system as provided in\\nsection one hundred seventy-one of the tax law, and cooperative\\nagreement pursuant thereto and as directed by the commissioner.\\n 16. To report to the commissioner under the direction of such\\ncommissioner on cost-effective practices as defined in section two\\nhundred fifteen-c of this chapter in school districts within his or her\\nsupervisory district.\\n 17. To determine the adequacy and appropriateness of the facilities\\nspace available to house special education programs in the geographic\\narea served by the board of cooperative educational services, consistent\\nwith the least restrictive environment requirement and to ensure the\\nstability and continuity of program placements for students with\\ndisabilities, including procedures that ensure that special education\\nprograms and services located in appropriate facilities will not be\\nrelocated without adequate consideration of the needs of participating\\nstudents with disabilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2216", "title" : "District superintendent subject to regulations of commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2216", "activeDate" : "2014-09-22", "sequenceNo" : 903, "repealedDate" : null, "fromSection" : "2216", "toSection" : "2216", "text" : " § 2216. District superintendent subject to regulations of commissioner\\nof education. A district superintendent shall be subject to such\\nregulations and directions as the commissioner of education shall from\\ntime to time prescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2217", "title" : "Appeals from acts of district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2217", "activeDate" : "2014-09-22", "sequenceNo" : 904, "repealedDate" : null, "fromSection" : "2217", "toSection" : "2217", "text" : " § 2217. Appeals from acts of district superintendent. Appeals from the\\nofficial acts of a district superintendent of schools or from his\\nrefusal or failure to act in any matter in which he may legally act, may\\nbe taken to the commissioner of education. All questions in controversy\\nrelating to the election of such district superintendent shall be\\ndetermined by the commissioner of education on proper appeal. The\\nprovisions of article seven of this chapter shall apply to and govern\\nsuch appeals and decisions therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2218", "title" : "Partitioning of territory and formation of new school districts by district superintendents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2218", "activeDate" : "2014-09-22", "sequenceNo" : 905, "repealedDate" : null, "fromSection" : "2218", "toSection" : "2218", "text" : " § 2218. Partitioning of territory and formation of new school\\ndistricts by district superintendents. Notwithstanding any other\\nprovision of law to the contrary, in addition to the authority granted\\nunder the provisions of article thirty-one of this chapter, a district\\nsuperintendent of schools may order the partitioning of territory from\\nan existing union free, central, central high school or enlarged city\\nschool district that is located within his or her supervisory district,\\nthe dissolution and reformation of the existing school district where\\nnecessary and the formation of a new union free or city school district\\nout of such territory in accordance with the provisions of this section.\\n 1. Definitions: For the purposes of this section and section\\nthirty-six hundred two-f of this chapter:\\n a. \"Actual valuation\" means the actual valuation, as defined in\\nparagraph c of subdivision one of section thirty-six hundred two of this\\nchapter, of a school district that would result from reorganization\\npursuant to this section.\\n b. \"Enlarged city school district\" means a city school district of a\\ncity having a population of less than one hundred twenty-five thousand\\ninhabitants that includes areas outside of the city boundaries.\\n c. \"Enrollment\" means the unduplicated count of all children\\nregistered to receive educational services in grades kindergarten\\nthrough twelve, including children in ungraded programs as registered on\\nthe date prior to November first that is specified by the commissioner\\nas the enrollment reporting date for the school district or non-public\\nschool, as reported to the commissioner.\\n d. \"Municipality\" means a city having a population of less than one\\nhundred twenty-five thousand inhabitants, a village or a town, wholly\\ncontained in one school district.\\n e. \"New school district\" means the school district formed or reformed\\nfrom the territory partitioned from the pre-existing school district\\nthat is coterminous with a municipality.\\n f. \"Pre-existing school district\" means a union free, central, central\\nhigh school or enlarged city school district from which territory is to\\nbe partitioned pursuant to this section.\\n g. \"Remaining school district\" means the school district remaining\\nafter its boundary is altered to partition a municipality.\\n h. \"Union free school district\" means any union free school district\\nother than a special act school district as defined in subdivision eight\\nof section four thousand one of this chapter.\\n 2. Minimum qualifications. To be eligible for reorganization pursuant\\nto this section, the municipality seeking to reorganize a new school\\ndistrict shall have a population of at least ten thousand inhabitants\\nand the remaining school district shall have an enrollment of at least\\none thousand children, provided that any territory that was added to the\\npre-existing school district by vote for annexation, centralization or\\nconsolidation shall not be eligible for partitioning pursuant to this\\nsection until five years after the vote approving such annexation,\\ncentralization or consolidation.\\n 3. Procedure for reorganization. a. Reorganization pursuant to this\\nsection may be initiated by a petition to the board of education of the\\npre-existing school district submitted by the governing body of the\\nmunicipality seeking to reorganize a new school district. If the board\\nof education determines that the petition has been properly submitted\\nand that the territory described in the petition meets the minimum\\nqualifications for reorganization under this section, it shall transmit\\na copy to the district superintendent with a request for assistance in\\nthe development of a plan for reorganization to form a new union free or\\ncity school district out of such territory.\\n b. The district superintendent shall assist the petitioners in\\ndeveloping such reorganization plan in consultation with representatives\\nof the pre-existing school district. Such reorganization plan shall:\\n (i) describe the boundaries of the new school district;\\n (ii) state the effective date of the reorganization and indicate\\nwhether the new school district will be a union free school district or\\na city school district and, in the case of reorganization involving a\\ncentral high school district or a city school district, the type of\\nschool district that the remaining school district will be;\\n (iii) describe how the facilities needs of the new school district\\nwill be met;\\n (iv) describe the impact of the reorganization upon teachers and other\\nemployees of the pre-existing school district;\\n (v) describe the educational programs and services to be provided by\\nthe new school district, and for any reorganization that will take\\neffect during a school year, describe how programs and services to\\nstudents residing in the new school district will be continued without\\ndisruption for the balance of such school year;\\n (vi) set forth any real or personal property of the pre-existing\\nschool district that will be transferred to the new school district in\\naccordance with this section;\\n (vii) provide for a proposed allocation of the bonded indebtedness of\\nthe pre-existing school district incurred while the territory to be\\npartitioned was part of such pre-existing school district and for a\\nproposed allocation of other debt of the pre-existing school district;\\n (viii) describe the impact of the reorganization on the contractual\\nobligations of the pre-existing school district;\\n (ix) include a proposed budget for the new school district for the\\nfirst school year of its operation and estimate the impact of the\\nproposed reorganization on school taxes for taxpayers in the new school\\ndistrict and the remaining school district; and\\n (x) describe any necessary transition procedures for the first school\\nyear of operation of the new school district, including but not limited\\nto procedures for the recommendation of special education programs and\\nservices for students with disabilities and preschool children with\\ndisabilities residing within the new school district.\\n c. The district superintendent shall review the proposed\\nreorganization plan and determine whether it is in compliance with the\\nrequirements of this section. If the district superintendent certifies\\nto the board of education of the pre-existing school district that such\\nplan is in compliance, such board, within twenty days after receipt of\\nsuch certification, shall proceed to call a special district meeting to\\nconduct a vote on the proposed reorganization unless such reorganization\\nis approved by a vote of the board of education to the extent provided\\nunder paragraph d of this subdivision and shall schedule at least one\\npublic hearing on the proposed reorganization, to be held not less than\\nseven days prior to the vote. Notice of such special district meeting\\nshall specify the date and time at which the vote will be held, which\\nshall be not less than twenty nor more than thirty days after the\\npublication or posting of such notice, and the place or places within\\nthe pre-existing school district at which the vote will be held. Such\\nnotice shall be published at least once a week for three consecutive\\nweeks preceding the meeting in at least one newspaper in general\\ncirculation in the pre-existing school district, and if there be no such\\nnewspaper in general circulation in the district, such notice shall be\\nposted in at least five conspicuous places in said district at least\\ntwenty days before such meeting.\\n d. The proposed reorganization shall be subject to approval by:\\n (i) a majority vote of the qualified voters residing in such\\nmunicipality, or a vote of at least two-thirds of the governing body of\\nsuch municipality, and\\n (ii) a majority vote of the qualified voters residing in the remaining\\nschool district, or a vote of at least two-thirds of the board of\\neducation of the pre-existing school district provided that a member who\\nresides in such municipality shall be ineligible to vote as a school\\nboard member on the proposition for reorganization.\\n e. Notwithstanding any other provision of law to the contrary, the\\nboard of education of the pre-existing school district shall be\\nauthorized to establish special election districts for the purpose of\\nconducting the votes required under paragraph d of this subdivision, and\\nthe district superintendent shall be authorized to order any other\\nmodifications in school election procedures that are needed to carry out\\nthe provisions of this section.\\n 4. Order of district superintendent. The clerk of the pre-existing\\nschool district shall file with the district superintendent a\\ncertification of the results of the votes required by paragraph d of\\nsubdivision three of this section. Upon filing of a certification that\\nboth required votes are in favor of reorganization, the district\\nsuperintendent shall issue an order forming or reforming the new school\\ndistrict, altering the boundaries of the pre-existing school district\\naccordingly, and, where necessary, reforming the remaining school\\ndistrict and shall file such order in the manner prescribed in section\\nfifteen hundred six of this chapter. The new school district shall be\\nformed as a union free school district authorized to provide instruction\\nin grades kindergarten through twelve, except that if the new school\\ndistrict is coterminous with a city having a population of one hundred\\ntwenty-five thousand inhabitants or less, such order shall designate\\nsuch district as a city school district. Notwithstanding the foregoing,\\nwhere the territory partitioned from a central high school district is\\ncoterminous with a former component school district of such central high\\nschool district, the district superintendent's order shall reform the\\ncomponent school district as a union free school district authorized to\\nprovide instruction in grades kindergarten through twelve. The remaining\\nschool district shall retain its status as a union free, central,\\ncentral high school or city school district, except that (i) where the\\nnew school district is a city school district, the remaining school\\ndistrict shall be reformed as a union free school district, and (ii)\\nwhere such reorganization would result in a central high school district\\nwith only one component district, the district superintendent shall\\norder reformation of the remaining central high school district into a\\nunion free school district.\\n 5. Effect of partitioning of territory. a. If there is outstanding\\nbonded indebtedness chargeable against the pre-existing school district\\nat the time of reorganization incurred while the territory to be\\npartitioned was part of such pre-existing school district, the district\\nsuperintendent shall apportion such indebtedness between the new school\\ndistrict and the remaining school district according to the actual\\nvaluation of the two districts, based on data on file with the\\ncommissioner; and any approved expenditures for debt service represented\\nby such apportioned indebtedness shall be eligible for an apportionment\\nof building aid computed pursuant to subdivision six of section\\nthirty-six hundred two of this chapter using an aid ratio computed for\\nuse in any year commencing with the nineteen hundred\\neighty-one--eighty-two school year for the pre-existing school district.\\nThe portion of such bonded indebtedness so apportioned shall become a\\ncharge upon the respective districts as though the same had been\\nincurred by said districts separately, and the amount so apportioned\\nshall not be adjusted thereafter.\\n b. Where the pre-existing school district has incurred indebtedness\\nother than bonds or notes for the benefit of the residents of the\\nmunicipality such other debt may be apportioned by the district\\nsuperintendent between the new school district and the remaining school\\ndistrict in the manner and to the extent provided in the reorganization\\nplan.\\n c. Upon the effective date of the reorganization, legal title and all\\nother property rights to any school facility of the pre-existing school\\ndistrict that is located within the new school district shall be\\ntransferred to such new school district, except that school facilities\\nof a central high school district shall remain the property of the\\ncentral high school district. The district superintendent shall\\napportion the value of any school facility so transferred between the\\nnew school district and the remaining school district according to the\\nactual valuation of the two districts based on data on file with the\\ncommissioner. In determining such value, the district superintendent\\nshall deduct from the fair market value of the school facility the\\namount of any outstanding bonded indebtedness on such facility. The\\ncost of an appraisal to determine fair market value shall be a charge\\nupon the new school district. The board of education of the new school\\ndistrict shall reimburse the board of education of the remaining school\\ndistrict in an amount equal to the remaining school district's share of\\nthe value of the school facility as apportioned by the district\\nsuperintendent, and such amount shall be a charge upon the new school\\ndistrict.\\n d. Any school bus or personal property of the pre-existing school\\ndistrict that is no longer needed by the remaining school district may\\nbe transferred to the new school district upon such terms and conditions\\nas may be agreed upon by the boards of education of the remaining school\\ndistrict and the new school district.\\n e. For any reorganization pursuant to this section that takes effect\\nduring a school year, the district superintendent shall apportion the\\nadministrative expense of the board of cooperative educational services\\nchargeable to the pre-existing school district between the new school\\ndistrict and the remaining district based on the actual valuation of the\\ntwo districts.\\n f. Members of the teaching and supervisory staff of the pre-existing\\nschool district at the time of the reorganization shall have the right\\nto select the school district in which he or she shall be considered an\\nemployee, with the same tenure status he or she maintained in the\\npre-existing school district. Such selection shall be based on each\\nteacher's seniority in the pre-existing school district, with the right\\nof selection passing from such teachers with the most seniority to such\\nteachers with the least seniority. Any such teacher who is unable to\\nobtain a teaching position in the new school district because the number\\nof positions needed is less than the number of teachers eligible to be\\nconsidered employees pursuant to this paragraph shall, in such new\\nschool district and in the remaining school district, be placed on a\\npreferred eligible list of candidates for appointment to a vacancy that\\nmay thereafter occur in a position similar to the one such teacher\\nfilled in the pre-existing school district. Such teachers shall be\\nappointed to vacancies in such corresponding or similar positions in the\\norder of their length of service in the pre-existing school district,\\nwithin seven years from the date of the reorganization pursuant to this\\nsection. For such teachers, for salary, sick leave or any other purpose,\\nthe length of service credited in the pre-existing school district shall\\nbe credited as employment time with the new school district or the\\nremaining school district, as applicable.\\n g. Members of the board of education of the pre-existing school\\ndistrict who reside in the territory partitioned pursuant to this\\nsection shall vacate their positions on the effective date of the\\nreorganization, and the vacancies so created shall be filled in the\\nmanner provided by law, provided, however, that if the board of\\neducation of the remaining school district is unable to obtain a quorum\\nto vote on whether to fill such vacancies by appointment or to call a\\nspecial district meeting to fill the vacancies by election within thirty\\ndays after the reorganization, the district superintendent shall be\\nauthorized to fill such vacancies until the next annual meeting and\\nelection of the district. Whenever a school district is reformed\\npursuant to this section, the reformed school district shall be the\\nsuccessor in interest of the former school district and the board of\\neducation of the former school district shall continue as the board of\\neducation of the reformed school district, except that where a central\\nhigh school district is reformed as a union free school district the\\nboard of education of the component school district that is coterminous\\nwith the central high school district shall become the board of\\neducation of the reformed school district, and the members of the board\\nof education of the central high school district shall vacate their\\npositions on the effective date of the reorganization.\\n h. Notwithstanding any other provision of law to the contrary, if a\\nproposal for reorganization pursuant to this section is defeated by the\\nvoters, such proposal may not be resubmitted for a vote until two years\\nafter the original vote.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A51", "title" : "City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "51", "activeDate" : "2014-09-22", "sequenceNo" : 906, "repealedDate" : null, "fromSection" : "2501", "toSection" : "2530", "text" : " ARTICLE 51\\n CITY SCHOOL DISTRICTS OF CITIES WITH LESS THAN ONE HUNDRED\\n TWENTY-FIVE THOUSAND INHABITANTS\\nSection 2501. Application of article.\\n 2502. Board of education.\\n 2503. Powers and duties of board of education.\\n 2503-a. Powers of boards of education to ban fraternities,\\n sororities and other secret societies.\\n 2504. Meetings of board of education.\\n 2506. Collector.\\n 2507. Superintendent of schools; associate superintendents.\\n 2508. Powers and duties of superintendent of schools.\\n 2509. Appointment of assistant and other superintendents,\\n teachers and other employees.\\n 2510. Abolition of office or position.\\n 2511. Purchase and sale of real and personal property.\\n 2512. Buildings and sites.\\n 2513. Contracts; advertisement for bids.\\n 2514. Kindergartens, nursery and night schools.\\n 2515. Fiscal year.\\n 2519. Adoption of budget; publication of changes;\\n appropriations.\\n 2522. General budgetary controls; lapse of appropriations.\\n 2523. Moneys; custody and disbursement.\\n 2524. Form of claims.\\n 2525. Audit of claims.\\n 2526. Claims auditor.\\n 2527. Official undertakings.\\n 2528. Annual financial report.\\n 2529. Tax election.\\n 2530. Power to contract indebtedness.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2501", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2501", "activeDate" : "2014-09-22", "sequenceNo" : 907, "repealedDate" : null, "fromSection" : "2501", "toSection" : "2501", "text" : " § 2501. Application of article. This article shall apply to the\\nschool district of each city which according to the latest federal\\ncensus has less than one hundred twenty-five thousand inhabitants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2502", "title" : "Board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-01-08", "2017-01-13", "2017-07-14", "2017-08-18", "2018-08-31", "2019-01-11", "2019-11-22", "2024-09-13", "2025-07-04", "2025-11-28" ], "docLevelId" : "2502", "activeDate" : "2014-09-22", "sequenceNo" : 908, "repealedDate" : null, "fromSection" : "2502", "toSection" : "2502", "text" : " § 2502. Board of education. 1. The board of education of each city\\nschool district shall constitute a body corporate.\\n 2. Each board of education shall consist of five, seven or nine\\nmembers, to be known as members of the board of education. In the city\\nof Albany, such board shall consist of seven members; and in the city of\\nRensselaer, such board shall consist of five members; subject, however,\\nto any increase or decrease of the number of members of such board as\\nprovided pursuant to the provisions of paragraph a of subdivision four\\nof this section. Members of such board shall be elected by the qualified\\nvoters at large of the school district at annual school elections, under\\nthe provisions of article fifty-three of this chapter except in the city\\nschool district of the city of Albany; provided, however, each board of\\neducation may upon its own motion, and shall upon a written petition,\\nsubscribed by not less than five hundred qualified voters of the\\ndistrict, cause to be submitted at the annual school election a\\nproposition to consider each vacancy upon the board of education a\\nseparate specific office requiring a separate petition to nominate a\\ncandidate to each separate office in accordance with the provisions of\\narticle fifty-three of this chapter.\\n 3. The full term of office of a member of the board of education shall\\nbe three or five years, as the district may determine, except the full\\nterm of office of a member of the board of education in the city of\\nAlbany shall be four years; provided, however, that the term of office\\nof each incumbent member of the city of Albany board on the effective\\ndate of this amendment shall not be decreased, and provided further,\\nthat one or more of the vacancies filled after this change to four year\\nterms shall be for terms of two or three years only in order that, as\\nnearly as possible, an equal number of members shall be elected to the\\nboard each year. Any such school district may decrease the full term of\\na member of the board of education to three years or increase the full\\nterm of a member of the board of education to five years by adopting a\\nproposition at any regular meeting or election to do so; provided,\\nhowever, that the term of office of each incumbent member of the board\\nof education shall not be increased or decreased thereby; and provided,\\nfurther, that whenever a proposition shall be adopted to increase the\\nterm of office from three years to five years, or to decrease the term\\nof office from five years to three years, such proposition shall provide\\nthat one or more of the vacancies to be filled, during each of the three\\nyears next succeeding the adoption of such proposition, shall be for\\nthree or four years only in order that, as nearly as possible, an equal\\nnumber of trustees shall be elected to the board each year. The board of\\neducation in the city of Peekskill may, by adopting a resolution,\\ndecrease the full term of a member of the board of education to two\\nyears in order that, as nearly as possible, an equal number of trustees\\nshall be elected to the board each year; provided, however, that the\\nterm of office of each incumbent member of the board of education shall\\nnot be decreased thereby.\\n 4. a. Each board of education may upon its own motion, and shall upon\\na written petition, subscribed by not less than five hundred qualified\\nvoters of the district, cause to be submitted at the annual school\\nelection a proposition to increase or decrease the number of members of\\nsuch board to a number specified in subdivision two of this section; or\\na proposition to increase or decrease the term of office of members of\\nthe board of education in accordance with subdivision three of this\\nsection.\\n b. The notice of any annual school election at which a proposition\\nshall be submitted pursuant to paragraph a of this subdivision shall\\ninclude a statement that such proposition will be so submitted. In the\\nevent that the board of education fails or refuses to include such\\ninformation in such notice, the commissioner of education may prescribe\\nthe manner in which notice of the submission of such a proposition shall\\nbe given.\\n c. Upon the adoption of a proposition to increase or decrease the\\nnumber of members of the board of education the members of such board\\nthen in office shall continue in office for the balance of their\\nrespective terms. If the proposition so adopted requires an increase in\\nthe number of board members, a sufficient number of members of such\\nboard shall be elected at the annual election immediately succeeding the\\nelection at which such proposition was submitted, to effect the\\nnecessary increase. If the proposition so adopted requires a decrease in\\nthe number of board members, no election of board members shall be held\\nin such district until the election of a member or members shall be\\nnecessary to maintain the number specified in such proposition. The\\noffices of those members whose terms so expire without the election of a\\nsuccessor shall terminate with the expiration of such term. Succeeding\\nmembers of such board shall be elected at annual school elections in\\nsuch years and in such numbers and for such terms of office as shall be\\ndetermined by resolution of the board of education and approved by the\\ncommissioner of education, so that as soon as practicable:\\n (1) The terms of office of all members of such board shall be five\\nyears or three years, as the district shall have determined;\\n (2) The number of members elected to and serving on such board shall\\nequal the number of members specified in such proposition; and\\n (3) As nearly as possible, an equal number of members of the board of\\neducation will be elected each year.\\n d. A resolution adopted pursuant to paragraph c of this subdivision,\\nwhich shall be subject to approval by the commissioner of education,\\nshall be placed on file in the office of the clerk of the school\\ndistrict and shall be a public record.\\n 5. a. The members of a board of education of a school district which\\nafter July first, nineteen hundred fifty, shall become a city school\\ndistrict, as defined in subdivision sixteen of section two of this\\nchapter, shall continue in office until the expiration of their\\nrespective terms of office in those cases where such terms of office\\nexpire with the thirtieth day in June and in all other cases such\\nmembers shall continue in office until July first next succeeding the\\ndate upon which their respective terms of office would have otherwise\\nexpired.\\n b. If the total number of members elected to serve on any such board\\nof education shall be either five, seven or nine, such board shall\\ncontinue to be composed of five, seven or nine members, as the case may\\nbe, subject to change in accordance with subdivision four of this\\nsection.\\n c. If the total number of members elected to serve on any such board\\nof education shall be other than five, seven or nine, such board of\\neducation shall cause to be submitted at the next succeeding annual\\nschool election, held in accordance with article fifty-three of this\\nchapter, propositions to determine whether the number of members of such\\nboard shall be five, seven or nine. If the proposition adopted thereat\\nrequires an increase in the number of board members, a sufficient number\\nof members of such board shall be elected at the annual election\\nimmediately succeeding the election at which such proposition was\\nsubmitted, to effect the necessary increase. If the proposition so\\nadopted requires a decrease in the number of board members, no election\\nof board members shall be held in such district until the election of a\\nmember or members shall be necessary to maintain the number specified in\\nsuch proposition. The offices of those members whose terms so expire\\nwithout the election of a successor shall terminate with the expiration\\nof such term. Thereafter, such board of education shall be composed of\\nthe number of members specified in the proposition for which the\\ngreatest number of valid votes shall have been cast, subject to change\\nin accordance with subdivision four of this section.\\n d. Succeeding members of any such board of education shall be elected\\nat annual school elections in such years and in such numbers and for\\nsuch terms of office as shall be determined by resolution of the board\\nof education and approved by the commissioner of education so that as\\nsoon as practicable:\\n (1) The terms of office of all members shall be five years or three\\nyears, as the district shall determine;\\n (2) As nearly as possible, an equal number of the members of the board\\nof education shall be elected each year; and\\n (3) In the case of boards of education coming under the provisions of\\nparagraph c of this subdivision, the number of members elected to and\\nserving on any such board shall equal the number specified in the\\nproposition adopted pursuant to paragraph c of this subdivision.\\n e. A resolution adopted pursuant to paragraph d of this subdivision,\\nwhich shall be subject to approval by the commissioner of education,\\nshall be placed on file in the office of the clerk of the school\\ndistrict and shall be a public record.\\n 6. Whenever a vacancy shall occur or exist in the office of member of\\nthe board of education, except by reason of expiration of term or of an\\nincrease in the number of members of such board, a majority of the\\nremaining members of such board may appoint a qualified person to fill\\nthe vacancy. The person so appointed shall hold office until the next\\nregular school district election, and the person elected to fill such\\nvacancy shall take office immediately upon the filing of his official\\noath of office with the district clerk.\\n 7. No person shall be eligible to the office of member of the board of\\neducation who is not a qualified voter of the city school district and\\nwho has not been a resident of such district for a period of at least\\none year immediately preceding the date of his election; provided,\\nhowever, that no person shall hold at the same time the office of member\\nof the board of education and any city office other than as a policeman\\nor fireman; provided, further, that where territory is added to a city\\nschool district by order of the commissioner of education pursuant to\\narticle thirty-one of this chapter, residence in the territory so added\\nto the city school district shall be and shall be deemed to be residence\\nin the city school district for the purposes of this subdivision, and a\\nperson qualified to vote in school district elections by virtue of his\\nresidence in the territory so added to the city school district\\nimmediately prior to the addition of such territory to the city school\\ndistrict shall be and shall be deemed to be a qualified voter of the\\ncity school district immediately upon the addition of such territory.\\n 8. A member of a board of education who publicly declares that he will\\nnot accept or serve in the office of member of such board of education,\\nor refuses or neglects to attend three successive meetings of such\\nboard, of which he is duly notified, without rendering a good and valid\\nexcuse therefor to the other members of such board, vacates his office\\nby a refusal to serve.\\n 9. Notwithstanding any general, special or local law to the contrary,\\nthis subdivision shall apply to the city school district of the city of\\nAlbany. a. The members of the board of education of the city school\\ndistrict of the city of Albany shall be elected by the qualified voters\\nof such city as provided herein.\\n b. The members of the board of education shall be elected at large\\nthroughout the city by the qualified voters at a general election.\\n c. Such elections for such offices shall be governed by the provisions\\nof the election law in the same manner as candidates for office\\ngenerally to be elected by the voters of the city of Albany, provided,\\nhowever, that each such candidate shall be required to file a petition\\ncontaining signatures of at least two hundred fifty registered voters of\\nthe city of Albany which petition shall not contain any political party\\nor independent body, name or emblem. Each petition shall contain the\\nname of only one candidate and such petitions shall be filed with the\\nclerk of the board of elections on or before the last day to file\\nindependent nominating petitions.\\n d. No person shall be eligible for the office of member of such board\\nof education who is not a qualified voter of such city school district\\nand who has not been a resident of such district for a period of at\\nleast one year immediately preceding the date of his election; provided,\\nhowever, that no person shall hold at the same time the office of member\\nof the board of education and any other elective office nor shall he be\\na candidate for any other elective office at the same time he is a\\ncandidate for the office of member of such board of education.\\n e. Petitions for the nomination of members of such school board shall\\nbe on white paper containing the required signatures of qualified voters\\nof the city of Albany who were registered to vote therein at the last\\npreceding general election. The sheets of such a petition shall be\\nnumbered consecutively, beginning with number one, at the foot of each\\nsheet. Such a petition must set forth in every instance the correct date\\nof signing, the full name of the signer, his present residence, the\\nresidence from which he was registered at the time of the last preceding\\ngeneral election, the ward of such residence at such time, the election\\ndistrict thereof at such time. A signer need not himself fill in the\\ndate, residence or residences, ward or election district. The election\\ndistrict of the signer to be filled in the petition shall be the\\nelection district in effect at the time of the last preceding general\\nelection. If the residence from which the signer was registered at the\\ntime of the last preceding general election is the same as his present\\nresidence, the word \"same\" may be written, instead of repeating the\\nplace of residence.\\n f. Each sheet of such a petition shall be signed in ink and shall be\\nsubstantially in the following form:\\n I, the undersigned, do hereby state that I am a duly qualified voter\\nof the city of Albany, that I was registered to vote therein at the time\\nof the last preceding general election, that my present place of\\nresidence and my place of residence at the time of the last preceding\\ngeneral election are truly stated opposite my signature hereto, I intend\\nto support at the ensuing election, and I do hereby nominate the\\nfollowing named person as a candidate for nomination for the public\\noffice of member of the board of education of the city of Albany to\\nbe voted for at the election to be held on the........... day\\nof................,19.....\\n In witness whereof, I have hereunto set my hand the day and year\\nplaced opposite my signature.\\n Date Name of Signer Present Residence\\n ............... ..................... ....................\\n ............... ..................... ....................\\n ............... ..................... ....................\\n At the Time of the Last Preceding General Election\\n Residence Ward Election District\\n ............... ..................... ....................\\n ............... ..................... ....................\\n ............... ..................... ....................\\n g. The petition shall be authenticated by witnesses. Such statement\\nshall be accepted for all purposes as the equivalent of an affidavit,\\nand if false shall subject the witness to the same penalties as if he\\nhad been duly sworn. The form of such statement shall be substantially\\nas follows:\\n Statement of Witness\\n I,........................... (name of witness), state: I am a duly\\nqualified voter of the state of New York, and now reside in the city,\\ntown or village of ....................., in such state, at\\n............................ (fill in street and house number and post\\noffice) therein. I was last registered for the general election in the\\nyear .......... from ............... (fill in city, town or village) in\\nthe county of ................., in such state. The said residence was\\nthen in the ............ (fill in number) election district of the\\n......................... (fill in ward in a city, or town, if outside a\\ncity). I know each of the voters whose names are subscribed to this\\npetition sheet containing (fill in number) ................. signatures\\nand each of them subscribed the same in my presence and upon so\\nsubscribing declared to me that the foregoing statement, made and\\nsubscribed by him, was true.\\n ....................\\n Signature of witness\\n Date.................\\n h. The board of elections shall refuse to accept such petitions signed\\nby an insufficient number of qualified voters, or petitions which are\\nnot timely or petitions bearing a political party or independent body\\nname or emblem.\\n i. The provisions of the election law with respect to acceptances by\\ncandidates nominated by independent nominating petitions shall apply to\\ncandidates nominated by petitions for members of such board of\\neducation.\\n j. Objections to petitions for the nomination of members of such board\\nof education, procedures and remedies applicable to such objections\\nshall be the same as those applicable to independent nominating\\npetitions under the election law.\\n k. The board of elections shall cause to be printed official ballots\\ncontaining the names of all candidates as above provided, except that\\nthe board may refuse to have the names of ineligible candidates placed\\non such ballots. The names of the candidates shall be arranged in the\\norder as determined by the drawing by lot by the board of elections in\\nthe manner specified under the provisions of paragraph b of subdivision\\ntwo of section two thousand thirty-two of this chapter, and shall not\\nbear the designation of any political party or independent body name or\\nemblem. Blank spaces shall be provided so that voters may vote for\\ncandidates who have not been nominated for the offices to be filled at\\nsuch elections. The form of such ballots shall conform substantially to\\nthe form of ballots used at general elections as prescribed in the\\nelection law.\\n * l. Voting for the election of members of such board of education\\nshall be by voting machine, as provided in subdivision one of section\\ntwo thousand thirty-five of this chapter, and shall be governed by the\\napplicable provisions of the election law with respect to voting\\nmachines.\\n * NB Effective until December 31, 2015\\n * l. Voting for the election of members of such board of education\\nshall be by voting machine and shall be governed by the applicable\\nprovisions of the election law with respect to voting machines.\\n * NB Effective December 31, 2015\\n m. If a candidate, after a petition in his behalf shall have been duly\\nfiled with the clerk of the board of elections, and prior to the date of\\nthe election, shall decline to accept the nomination, die, remove from\\nthe district, accept or be a candidate for another elective office, or\\nbecome otherwise disqualified for such city school district office, a\\nfurther petition may be filed with such clerk, nominating another\\ncandidate in his place and stead. Such further petition shall in all\\nrespects comply with the provisions of paragraphs (c), (e) and (g) of\\nthis section, except that it may be filed at any time up to and\\nincluding the fifteenth day preceding the date of the general election\\nand the time within which to accept or object to such further petition\\nshall be computed from the date of filing or said fifteenth day\\nwhichever is earlier.\\n n. The term of office of each member of such board shall be five\\nyears, commencing on the first day of January following his election,\\nprovided, however, that the members first elected shall be elected:\\nthree members for three year terms; three members for four year terms;\\none member for a five year term. The candidates receiving a plurality of\\nthe votes cast respectively for the several offices shall be declared\\nelected. Where more than one office is to be filled by such election and\\nthere is a variance in the length of the terms for which such offices\\nare to be filled as authorized by this chapter, or where one or more\\npersons are to be elected for a full term or terms and one or more\\npersons are to be elected for the unexpired portion of a term or terms,\\nor both, the candidate receiving the largest number of votes shall be\\nentitled to the longest term and the candidates receiving the next\\nhighest number of votes shall be entitled, in decreasing order of the\\nrespective numbers of votes, to the several offices, in decreasing order\\nof the length of such terms or unexpired portions of terms. Whenever a\\nvacancy shall occur or exist in the office of member of the board of\\neducation except by reason of expiration of term or increase in the\\nnumber of members of such board, a majority of the remaining members of\\nsuch board, shall elect a qualified person to fill the vacancy. The\\nperson so elected shall hold office to an including the thirty-first day\\nof December next succeeding the first general election at which the\\nvacancy can be filled.\\n o. The members so elected to the board of education shall convene on\\nthe first business day in January of each year at the time of the\\ncommencement of their term of office and select from their members a\\npresident who shall serve for a term of one year or such other term, not\\nexceeding the term of his office, as may be fixed by the rules and\\nregulations of the board.\\n p. The election of members of the board of education of the school\\ndistrict of the city of Albany shall take place at general elections\\nheld in such city. Such election shall be conducted by the board of\\nelections of the county of Albany in the same manner as other elections\\nare conducted by it. The results of such elections, after canvassing,\\nshall be certified and reported by the board of elections to the board\\nof education of such city. The clerk or other appropriate officer of the\\nboard of education shall within twenty-four hours after receipt of such\\ncertification by the board of elections serve a written notice either\\npersonally or by mail upon each person declared to be elected as a\\nmember of the board of education informing him of his election and the\\nlength of his term.\\n 9-a. Notwithstanding any general, special or local law to the\\ncontrary, this subdivision shall apply to the school district of the\\ncity of Rensselaer. a. The members of the board of education of the\\nschool district of the city of Rensselaer shall be elected by the\\nqualified voters of such district as provided herein.\\n b. The members of the board of education shall be elected at large\\nthroughout the district by the qualified voters at an annual school\\nelection taking place at the time specified under the provisions of\\narticle fifty-three of this chapter.\\n c. Except with respect to the number of polling places to be used,\\nwhich is provided for in paragraph l of this subdivision, such elections\\nfor such offices shall be governed by the provisions of the election law\\nin the same manner as candidates for office generally to be elected by\\nthe voters of the city of Rensselaer, provided, however, that each such\\ncandidate shall be required to file a petition containing signatures of\\nat least one hundred registered voters of such district which petition\\nshall not contain any political party or independent body, name or\\nemblem. Each petition shall contain the name of only one candidate and\\nsuch petitions shall be filed with the clerk of the board of elections\\non or before the twentieth day preceding the day of the annual school\\nelection but not earlier than the thirtieth day preceding the day of the\\nannual school election.\\n d. No person shall be eligible for the office of member of such board\\nof education who is not a qualified voter of such school district and\\nwho has not been a resident of such district for a period of at least\\nthirty days immediately preceding the date of his election; provided,\\nhowever, that no person shall hold at the same time the office of member\\nof the board of education and any other elective office nor shall he be\\na candidate for any other elective office at the same time he is a\\ncandidate for the office of member of such board of education.\\n e. Petitions for the nomination of members of such school board shall\\nbe on white paper containing the required signatures of qualified voters\\nof such district who were or will be registered to vote therein thirty\\ndays preceding the annual school election. The sheets of such a petition\\nshall be numbered consecutively, beginning with number one, at the foot\\nof each sheet. Such a petition must set forth in every instance the\\ncorrect date of signing, the full name of the signer, his present\\nresidence, the ward of such residence, and the election district\\nthereof. A signer need not himself fill in the date, residence, ward or\\nelection district.\\n f. Each sheet of such a petition shall be signed in ink and shall be\\nsubstantially in the following form:\\n I, the undersigned, do hereby state that I am a duly qualified voter\\nof the school district of the city of Rensselaer, that I was or will be\\nregistered to vote therein thirty days preceding the ensuing annual\\nschool election to which this petition pertains, that my present place\\nof residence is truly stated opposite my signature hereto, and that I\\nintend to support at the ensuing election, and I do hereby nominate the\\nfollowing named person as a candidate for nomination for the public\\noffice of member of the board of education of the school district of the\\ncity of Rensselaer to be voted for at the election to be held on\\nthe........... day of................,19.....\\n In witness whereof, I have hereunto set my hand the day and year\\nplaced opposite my signature.\\n Date Name of Signer Present Residence\\n ............... ..................... ....................\\n ............... ..................... ....................\\n ............... ..................... ....................\\n Ward Election District\\n ............................. ....................\\n ............................. ....................\\n ............................. ....................\\n g. The petition shall be authenticated by witnesses who shall be\\nqualified to vote at the ensuing annual school election. Such statement\\nshall be accepted for all purposes as the equivalent of an affidavit,\\nand if false shall subject the witness to the same penalties as if he\\nhad been duly sworn. The form of such statement shall be substantially\\nas follows:\\n Statement of Witness\\n I,............................(name of witness), state: I am a duly\\nqualified voter of the state of New York, and now reside in the city,\\ntown or village of....................., in such state,\\nat............................(fill in street and house number and post\\noffice) therein. The said residence is in the..............(fill in\\nnumber) election district of the..........................(fill in ward\\nin a city, or town, if outside a city). I know each of the voters whose\\nnames are subscribed to this petition sheet containing (fill in\\nnumber).................. signatures and each of them subscribed the\\nsame in my presence and upon so subscribing declared to me that the\\nforegoing statement, made and subscribed by him, was true.\\n ....................\\n Signature of witness\\n Date.................\\n h. The board of elections shall refuse to accept such petitions signed\\nby an insufficient number of qualified voters, or petitions which are\\nnot timely or petitions bearing a political party or independent body\\nname or emblem.\\n i. A person nominated as a candidate for school board member shall be\\nnotified forthwith by mail of such nomination by the board of elections\\nand such person shall accept such nomination by filing written notice of\\nacceptance in the office of the county board of elections, not later\\nthan five days after the mailing by the board of elections to such\\nperson of notice that he was so nominated. In the absence of such\\nfiling, such nomination shall be null and void.\\n j. Objections to petitions for the nomination of members of such board\\nof education shall be filed with the county board of elections not later\\nthan the fifteenth day prior to the date of the annual school election.\\nSuch objections shall include the specifications of the grounds for such\\nobjections. Except as provided for in this subdivision, the county board\\nof elections shall apply such rules to the processing, disposition and\\nnotification of such petitions, objections and specifications as are\\napplicable to nominating petitions in general elections conducted by\\nsaid board. When a determination is made that a petition is\\ninsufficient, such board shall give notice of the determination\\nforthwith by mail to each candidate named in the petition, and, if the\\ndetermination is made upon specified objections, the objector shall be\\nnotified. Any judicial proceeding with respect to a petition shall be\\ninstituted within seven days after the last day to file the petitions.\\n k. The board of elections shall cause to be printed official ballots\\ncontaining the names of all candidates as above provided, except that\\nthe board may refuse to have the names of ineligible candidates placed\\non such ballots. The names of the candidates shall be arranged in the\\norder as determined by the drawing by lot by the board of elections in\\nthe manner specified under the provisions of paragraph b of subdivision\\ntwo of section two thousand thirty-two of this chapter. Blank spaces\\nshall be provided so that voters may vote for candidates who have not\\nbeen nominated for the offices to be filled at such elections. The form\\nof such ballots shall conform substantially to the form of ballots used\\nat annual school elections as prescribed in article fifty-three of this\\nchapter.\\n * l. Voting for the election of members of such board of education\\nshall be by voting machine, as provided in subdivision one of section\\ntwo thousand thirty-five of this chapter, and shall be governed by the\\napplicable provisions of the election law with respect to voting\\nmachines; provided, however, that a single polling place, at a location\\nwithin the school district of the city of Rensselaer specified by the\\nboard of education not later than thirty days prior to the annual school\\nelection, shall be utilized.\\n * NB Effective until December 31, 2015\\n * l. Voting for the election of members of such board of education\\nshall be by voting machine and shall be governed by the applicable\\nprovisions of the election law with respect to voting machines;\\nprovided, however, that a single polling place, at a location within the\\nschool district of the city of Rensselaer specified by the board of\\neducation not later than thirty days prior to the annual school\\nelection, shall be utilized.\\n * NB Effective December 31, 2015\\n m. If a candidate, after a petition in his behalf shall have been duly\\nfiled with the clerk of the board of elections, and prior to the date of\\nthe election, shall decline to accept the nomination, die, remove from\\nthe district, accept or be a candidate for another elective office, or\\nbecome otherwise disqualified for such city school district office, a\\nfurther petition may be filed with such clerk, nominating another\\ncandidate in his place and stead. Such further petition shall in all\\nrespects comply with the provisions of paragraphs c, e and g of this\\nsubdivision, except that it may be filed at any time up to and including\\nthe fifteenth day preceding the date of the annual school election and\\nthe time within which to object to such further petition shall be\\nextended by the number of days past the twentieth day before the\\nelection that such further petition is filed.\\n n. The term of office of each member of such board shall be five\\nyears, commencing on the first day of July following his election,\\nprovided, however, that the members first elected shall be elected: two\\nmembers for three year terms; two members for four year terms; one\\nmember for a five year term. The candidates receiving a plurality of the\\nvotes cast respectively for the several offices shall be declared\\nelected. Where more than one office is to be filled by such election and\\nthere is a variance in the length of the terms for which such offices\\nare to be filled as authorized by this chapter, or where one or more\\npersons are to be elected for a full term or terms and one or more\\npersons are to be elected for the unexpired portion of a term or terms,\\nor both, the candidate receiving the largest number of votes shall be\\nentitled to the longest term and the candidates receiving the next\\nhighest number of votes shall be entitled, in decreasing order of the\\nrespective numbers of votes, to the several offices, in decreasing order\\nof the length of such terms or unexpired portions of terms. Whenever a\\nvacancy shall occur or exist in the office of member of the board of\\neducation except by reason of expiration of term or increase in the\\nnumber of members of such board, a majority of the remaining members of\\nsuch board, shall elect a qualified person to fill the vacancy. The\\nperson so elected shall hold office to and including the thirtieth day\\nof June next succeeding the first annual school election at which the\\nvacancy can be filled. Vacancies so filled shall be for the unexpired\\nterm of the member being replaced.\\n o. The members so elected to the board of education shall convene on\\nthe first business day in July of each year at the time of the\\ncommencement of their term of office and select from their members a\\npresident who shall serve for a term of one year.\\n p. The election of members of the board of education of the school\\ndistrict of the city of Rensselaer shall take place at an annual school\\nelection held in such city at the time specified under the provisions of\\narticle fifty-three of this chapter. Such election shall be conducted by\\nthe board of elections of the county of Rensselaer at the expense of\\nsuch board of elections in the same manner as other elections are\\nconducted by it. The results of such elections, after canvassing, shall\\nbe certified and reported by the board of elections to the board of\\neducation of such city. The clerk or other appropriate officer of the\\nboard of education shall within twenty-four hours after receipt of such\\ncertification by the board of elections serve a written notice either\\npersonally or by mail upon each person declared to be elected as a\\nmember of the board of education informing him of his election and the\\nlength of his term.\\n 10. Each small city school district, at the next annual meeting\\nsubsequent to the effective date of the chapter of the laws of two\\nthousand five which amended this subdivision, may submit to the\\nqualified voters of the district for approval, the issue of ex officio\\nstudent membership on the school district's board of education, by a\\nstudent attending a high school within such school district. Upon voter\\napproval, each such district shall establish a process for student\\nmembership selection pursuant to paragraph c of this subdivision. If,\\nprior to August fifth, two thousand three, a school district had a\\npolicy that allowed a student or students to be ex officio members of\\nthe school board, such policy shall be deemed to meet the requirements\\nof this subdivision and shall be deemed to have full legal effect. In\\nany district that contains more than one high school, such process shall\\ntake into consideration the number of high schools within the district\\nand provide for a mechanism which allows for fair representation among\\nthe schools. Such school district shall allow such selected student to\\nserve as an ex officio member of such district's board of education,\\nand, if so, provided further that:\\n a. The ex officio student member of the board shall be entitled to sit\\nwith board members at all public meetings of the board and participate\\nin all board hearings and meetings.\\n b. The ex officio student member of the board shall not be allowed to\\nvote, shall not be allowed to attend executive session, and shall not be\\nentitled to receive compensation of any form for participating at board\\nmeetings.\\n c. Notwithstanding any other law to the contrary, the ex officio\\nstudent member of the board may be any of the following: the student\\nthat has been duly elected as student president of the high school; a\\nstudent selected by the high school student government; a student\\nselected by the high school principal; a student selected by the\\nsuperintendent of schools; a student selected by majority vote of the\\nschool board. Provided, however, in districts having district-wide\\nstudent governments or advisory committees, the student ex officio\\nmember shall be selected by the superintendent of schools from among the\\nmembers of such district-wide student governments or advisory\\ncommittees, subject to ratification by majority vote of the school\\nboard.\\n d. The ex officio student member shall be a senior at the high school\\nand shall have attended such high school for at least two years prior to\\nselection.\\n 10-a. Each small city school district may offer to the voters once\\nevery two years, on the same date as the annual school district budget\\nvote, a separate referendum to decide whether the school district shall\\nallow a student, as established under this section, to serve on the\\nschool board as an ex officio, non-voting member.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2503", "title" : "Powers and duties of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2019-08-09", "2019-09-13", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12", "2024-05-03", "2024-05-31" ], "docLevelId" : "2503", "activeDate" : "2014-09-22", "sequenceNo" : 909, "repealedDate" : null, "fromSection" : "2503", "toSection" : "2503", "text" : " § 2503. Powers and duties of board of education. Subject to the\\nprovisions of this chapter, the board of education:\\n 1. Shall perform any duty imposed upon or exercise any power granted\\nto boards of education of city school districts or union free school\\ndistricts or trustees of common school districts under this chapter or\\nother statutes, or the rules of the regents and regulations of the\\ncommissioner of education so far as they may be applicable to the school\\nor other educational affairs of a city school district, and not\\ninconsistent with the provisions of this article.\\n 2. Shall prescribe such regulations and by-laws as may be necessary to\\nmake effectual the provisions of this chapter and for the conduct of the\\nproceedings of said board and the transaction of its business affairs,\\nfor the general management, operation, control, maintenance and\\ndiscipline of the schools, and of all other educational, social or\\nrecreational activities and other interests under its charge or\\ndirection.\\n 3. Shall have in all respects the superintendence, management and\\ncontrol of the educational affairs of the district, and, therefore,\\nshall have all the powers reasonably necessary to exercise powers\\ngranted expressly or by implication and to discharge duties imposed\\nexpressly or by implication by this chapter or other statutes.\\n 4. a. Shall establish and maintain such free elementary schools, high\\nschools, training schools, vocational and industrial schools, technical\\nschools, night schools, part-time schools, vacation schools, schools for\\nadults, schools for physically or mentally handicapped or delinquent\\nchildren or such other schools or classes as such board shall deem\\nnecessary to meet the needs and demands of the city.\\n b. May maintain public libraries pursuant to section two hundred\\nfifty-five of this chapter, or may contract with any public library or\\nany free association library registered by the regents pursuant to\\nsection two hundred fifty-six thereof; may organize and maintain public\\nlecture courses; and shall establish and equip such playgrounds,\\nrecreation centers and social centers as the board from time to time\\nshall deem proper.\\n c. Shall authorize the general courses of study which shall be given\\nin the schools and shall approve the content of such courses before they\\nbecome operative.\\n d. Shall authorize and determine the textbooks to be used in the\\nschools under its jurisdiction; and shall regulate the admission of\\npupils and their transfer from one class, or grade to another as their\\nscholarship shall warrant; and shall determine the school where each\\npupil shall attend.\\n 5. Shall create, abolish, maintain and consolidate such positions,\\ndivisions, boards or bureaus as, in its judgment, may be necessary for\\nthe proper and efficient administration of its work; shall appoint\\nproperly qualified persons to fill such positions, including a\\nsuperintendent of schools, such associate, assistant and other\\nsuperintendents, directors, supervisors, principals, teachers,\\nlecturers, special instructors, medical inspectors, nurses, claims\\nauditors, deputy claims auditors, attendance officers, secretaries,\\nclerks, custodians, janitors and other employees and other persons or\\nexperts in educational, social or recreational work or in the business\\nmanagement or direction of its affairs as said board shall determine\\nnecessary for the efficient management of the schools and other\\neducational, social, recreational and business activities; and shall\\ndetermine their duties except as otherwise provided herein.\\n 6. Shall have the care, custody, control, safekeeping and maintenance\\nof all school property or other property used for educational, social or\\nrecreational work of the district, and shall prescribe rules and\\nregulations for the preservation of such property. This subdivision\\nshall not apply to property used for social or recreational programs of\\nmunicipalities not established or maintained exclusively for educational\\npurposes.\\n 7. Shall purchase and furnish such apparatus, maps, globes, books,\\nfurniture and other equipment and supplies as may be necessary for the\\nproper and efficient management of the schools and other educational,\\nsocial and recreational activities and interests under its management\\nand control; and may, without authorization by the voters, provide\\ntextbooks or other supplies to all the children attending the schools of\\nsuch city school district.\\n 7-a. To develop a plan to ensure that all instructional materials to\\nbe used in the schools of the district are available in a usable\\nalternative format for each student with a disability, as defined in\\nsection forty-four hundred one of this chapter, and for each student who\\nis a qualified individual with a disability as defined in the\\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\\namended, in accordance with his or her educational needs and course\\nselection, at the same time as such instructional materials are\\navailable to non-disabled students. As part of such plan, the board of\\neducation shall amend its procurement policies to give a preference in\\nthe purchase of instructional materials to vendors who agree to provide\\nmaterials in alternative formats. For purposes of this subdivision,\\n\"alternative format\" shall mean any medium or format for the\\npresentation of instructional materials, other than a traditional print\\ntextbook, that is needed as an accommodation for a disabled student\\nenrolled in the school district, including but not limited to Braille,\\nlarge print, open and closed captioned, audio, or an electronic file in\\nan approved format, as defined in the regulations of the commissioner.\\nWhen an electronic file is provided, the plan shall specify how the\\nformat will be accessed by students and/or how the district shall\\nconvert to an accessible format. Such plan shall identify the needs of\\nstudents residing in the district for alternative format materials. Such\\nplan shall also specify ordering timelines to ensure that alternative\\nformat materials are available at the same time as regular format\\nmaterials. Such plans shall include procedures to address the need to\\nobtain materials in alternative format without delay for disabled\\nstudents who move into the school district during the school year.\\n 8. Shall lease, for such term as may be necessary, and equip property\\nwhen necessary for the purpose of furnishing school accommodations for\\nthe schools of the district and may enter into leases or lease-purchase\\nagreements under the same terms and conditions as may boards of\\neducation of union free school districts. To be eligible for aid\\npursuant to subdivision six of section thirty-six hundred two of this\\nchapter, any such lease or lease-purchase agreement shall be approved by\\nthe commissioner prior to execution; the leased space shall meet\\nrequirements for access by individuals with disabilities to both\\nfacilities and programs, as defined in regulations of the commissioner;\\nthe requirements set forth in paragraphs a, b, c, d and f of subdivision\\none of section four hundred three-b of this chapter shall be met; in the\\ncase of a lease-purchase agreement the requirements of section one\\nhundred three-b of the general municipal law shall be met; and the\\nleased space shall be used to house programs for pupils in grades\\nprekindergarten through twelve, other than programs funded pursuant to\\nsection forty-four hundred ten of this chapter, with minimal associated\\nadministrative and support services space as approved by the\\ncommissioner.\\n 9. a. Shall promote the best interests of the schools and other\\nactivities committed to its care, and shall authorize, or in its\\ndiscretion conduct, and maintain such extra classroom activities,\\nincluding the operation of cafeterias or restaurant service for use by\\npupils and teachers, as the board, from time to time, shall deem proper.\\nSuch cafeterias or restaurant service may be used by the community for\\nschool related functions and activities and to furnish meals to the\\nelderly residents, sixty years of age or older, of the district. Such\\nutilization shall be subject to the approval of the board of education,\\nand shall be subject to voter approval unless the cafeteria or\\nrestaurant service was operated during the preceding school year and\\nrequires no tax levy. Charges shall be sufficient to meet the direct\\ncost of preparing and serving such meals, reducible by available\\nreimbursements.\\n b. For the purposes of this section, a general organization of\\nstudents of a school conducted under the rules and regulations of the\\nboard of education or with its approval, and engaged in extra classroom\\nactivities other than the operation of a cafeteria or restaurant service\\nshall be known as a student organization. Moneys received or derived\\nfrom carrying on such extra classroom activity shall be subject to the\\nuse and disposition of such student organization under rules and\\nregulations prescribed by the board of education, which rules and\\nregulations may require the deposit of such moneys with an official\\ndesignated therein.\\n 10. May compensate, in its discretion, teachers and other employees\\nfor loss of personal property but shall provide workmen's compensation\\ncoverage as provided in the workmen's compensation law for all teachers\\nand other employees for injuries incurred in actual performance of duty.\\n 10-a. In its discretion, to provide under a group insurance policy or\\npolicies issued by any insurance company or insurance companies\\nauthorized to do business in this state or under a group contract issued\\nby one or more corporations subject to article forty-three of the\\ninsurance law, life insurance or accident and health insurance benefits\\nor medical and surgical benefits or hospital service benefits or any two\\nor more of such kinds of benefits to teachers and other employees of the\\nschool district who participate in a plan or plans, as hereinafter\\nprovided. The disbursing officer of the school district is authorized to\\ndeduct from the salary of such participant with his prior consent, in\\nwriting, the sums representing the participant's share of the premium or\\npremiums which are payable by such officer to such insurance company or\\ncorporation. Such board of education is authorized to pay from such\\nmoneys as are available for the purpose, a share of the cost of such\\nbenefit or benefits in such amount as is required to be paid under such\\ngroup insurance policy or policies or group contract or contracts by the\\nboard of education, as employer. The sum to be paid by the board of\\neducation under such policy or policies or contract or contracts, in the\\ndiscretion of such board may be any percentage of the total cost of the\\nbenefit or benefits including the whole thereof.\\n 10-b. In its discretion, to purchase insurance against personal\\ninjuries incurred by an authorized participant in a school volunteer\\nprogram, including but not limited to, those authorized participants who\\nassist on school buses, school sponsored transportation to and from\\nschool, or on school sponsored field trips or any other school sponsored\\nactivity; provided, however, that the injuries were incurred while the\\nauthorized participant was functioning either within the scope of his or\\nher authorized volunteer duties or under the direction of the board of\\neducation, trustee, or board of cooperative educational services, or\\nboth.\\n 11. Shall provide transportation, home teaching or special classes, as\\ndefined under sections forty-four hundred one and forty-four hundred two\\nof this chapter for physically or mentally handicapped and delinquent\\nchildren. Such transportation, home teaching or special classes, when\\nprovided pursuant to this subdivision, shall be granted to all such\\nchildren irrespective of the school they legally attend.\\n 12. Shall provide by contract or otherwise for the transportation of\\nchildren to and from any school or institution of learning whenever in\\nits judgment such transportation is required because of the remoteness\\nof the school to the pupil or for the promotion of the best interests of\\nsuch children; and, in the case of an enlarged city school district,\\nshall provide such transportation to children residing outside the city\\nlimits and may, in its discretion, provide transportation for children\\nresiding within the city limits. Any such contract may be made for a\\nperiod of not exceeding five years, notwithstanding any provision of any\\ncharter or other provision of law inconsistent herewith. Provided that\\nthe cost of such transportation:\\n a. to and from schools within the school district for distances\\ngreater than two or three miles, as applicable, and to and from schools\\noutside the district within the mileage limitations prescribed in\\nparagraph a of subdivision one of section thirty-six hundred thirty-five\\nof this chapter shall always be an ordinary contingent expense, and\\n b. for distances less than two or three miles, as applicable, or for\\ngreater than fifteen miles to and from schools outside the district\\nshall be an ordinary contingent expense if: (i) such transportation was\\nprovided during the preceding school year and the qualified voters have\\nnot passed a special proposition constricting the mileage limitations\\nfor the current school year from those in effect in the prior year, or\\n(ii) the qualified voters have passed a special proposition expanding\\nthe mileage limitations in effect in the prior year.\\n * 12-a. May lease a motor vehicle or vehicles for the transportation\\nof children of the district under the same terms and conditions as the\\nboard of education of a union free school district.\\n * NB Repealed September 1, 2015\\n 13. Shall provide, outside the territorial limits of the city school\\ndistrict but within the state, for the education of children resident\\nwithin the city school district whenever in the judgment of the board of\\neducation, approved by the commissioner of education, the health or\\nwelfare of such children makes such provision necessary or desirable.\\nThe average daily attendance of such pupils shall be included in the\\naverage daily attendance of such district as certified to the\\ncommissioner in the report of the board of education\\n 14. Shall call special district meetings of the qualified voters of\\nthe district, whenever it shall deem it necessary and proper, except as\\notherwise provided in section twenty-six hundred one-a of this chapter;\\nshall give notice of special or annual elections; and shall submit\\npropositions to the voters at such special or annual meetings.\\n 15. Shall appoint and compensate a school district clerk, who shall\\nalso be the clerk of the board of education, and a school district\\ntreasurer, who shall hold their respective offices during the pleasure\\nof the board. It shall be the duty of the school district treasurer to\\nmaintain detailed accounting records showing the status of each\\nappropriation, provided however that the board of education may delegate\\nsuch duty to an employee designated for such purpose. No city officer\\nshall be appointed to any such office, unless the common council or\\nother legislative body of the city shall give its consent thereto in\\nwriting.\\n 16. Shall have power to contract with the city, subject to the\\napproval of the commissioner of education in all cases where such use,\\naccording to a rule established by such commissioner, might affect the\\neducational program, for the use of agencies, employees and facilities\\nof the city, paying to the city its agreed proportion of the\\ncompensation or costs but no agreement therefor shall be made for a\\nperiod longer than five years.\\n Notwithstanding the foregoing provisions, a city school district which\\nemploys the facilities and services of the civil service commission of\\nthe city in which it is located in whole or in part shall pay a\\nfractional part of the actual annual expenditures for such civil service\\ncommission on or before the first day of November in each year. The\\nnumerator of such fraction shall be the number of classified civil\\nservice employees of the city school district multiplied by the amount\\nof expenditures for such commission during the city's previous fiscal\\nyear, and the denominator shall be the total of the number of classified\\ncivil service employees of the city and the city school district. For\\nthe purpose of making such computation the numbers of classified civil\\nservice employees as shall appear on the payrolls of the city and the\\ncity school district for the final payroll period in December of the\\npreceding year shall be used.\\n 17. In its discretion, and with the written consent of any employee,\\nto deduct from the salary of such employee such amount as may be agreed\\nto by such employee for payment to any credit union doing business in\\nthe state of New York as such employee may designate. Any such written\\nauthorization may be withdrawn by such employee at any time.\\n * 18. a. Shall require, for purposes of a criminal history record\\ncheck, the fingerprinting of all prospective employees pursuant to\\nsection three thousand thirty-five of this chapter, who do not hold\\nvalid clearance pursuant to such section or pursuant to section three\\nthousand four-b of this chapter or section five hundred nine-cc or\\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\\ninitiating the fingerprinting process, the prospective employer shall\\nfurnish the applicant with the form described in paragraph (c) of\\nsubdivision thirty of section three hundred five of this chapter and\\nshall obtain the applicant's consent to the criminal history records\\nsearch. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the commissioner for purposes of\\nclearance for employment.\\n b. Upon the recommendation of the superintendent, the board may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance shall be forwarded to the commissioner along with the\\nprospective employee's fingerprints, as required by paragraph a of this\\nsubdivision. Such appointment shall not commence until notification by\\nthe commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted, the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n c. Upon the recommendation of the superintendent, the board may make\\nan emergency conditional appointment when an unforeseen emergency\\nvacancy has occurred. When such appointment is made, the process for\\nconditional appointment pursuant to paragraph b of this subdivision must\\nalso be initiated. Emergency conditional appointment may commence prior\\nto notification from the commissioner on conditional clearance but shall\\nterminate twenty business days from the date such appointment commences\\nor when the prospective employer is notified by the commissioner\\nregarding conditional clearance, whichever occurs earlier, provided that\\nif conditional clearance is granted, the appointment shall continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (ii) when no other qualified person\\nis available to fill the vacancy temporarily; and (iii) when emergency\\nconditional appointment is necessary to maintain services which the\\ndistrict is legally required to provide or services necessary to protect\\nthe health, education or safety of students or staff. The provisions of\\nsubparagraph (i) of this paragraph shall not apply if the board finds\\nthat the district has been unable to fill the vacancy despite good faith\\nefforts to fill such vacancy in a manner which would have allowed\\nsufficient time for clearance or conditional clearance.\\n d. Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * 18. Shall require, for purposes of a criminal history record check,\\nthe fingerprinting of all prospective employees pursuant to section\\nthree thousand thirty-five of this chapter, who do not hold valid\\nclearance pursuant to such section or pursuant to section three thousand\\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history records search. Every set of\\nfingerprints taken pursuant to this subdivision shall be promptly\\nsubmitted to the commissioner for purposes of clearance for employment.\\n * NB Effective July 1, 2015\\n 19. Shall upon commencement and termination of employment of an\\nemployee by the school district, provide the commissioner with the name\\nof and position held by such employee.\\n 20. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2503-A", "title" : "Powers of boards of education to ban fraternities, sororities and other secret societies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2503-A", "activeDate" : "2014-09-22", "sequenceNo" : 910, "repealedDate" : null, "fromSection" : "2503-A", "toSection" : "2503-A", "text" : " § 2503-a. Powers of boards of education to ban fraternities,\\nsororities and other secret societies. 1. In its discretion, the board\\nof education of each school district, may adopt rules and regulations to\\nabolish and/or prohibit any fraternity, sorority or other secret society\\nin any secondary school under its jurisdiction.\\n 2. Prior to the adoption and promulgation of a rule or regulation in\\naccordance with the provisions of subdivision one of this section by any\\nboard of education of a school district, the board of education of the\\nschool district must find that the fraternity, sorority or secret\\nsociety group has by virtue of its activities caused or created a\\ndisruption of or interference with the academic processes of any\\nsecondary school within its jurisdiction or caused or created any\\ninterference with or disruption of the academic progress of any\\nindividual student or students in any secondary school within its\\njurisdiction.\\n 3. For the purposes of this chapter a fraternity, sorority, or secret\\nsociety shall mean any organization composed wholly or in part of pupils\\nenrolled in public secondary schools which exists or seeks to perpetuate\\nitself by taking in additional members from the pupils enrolled in such\\nschools on the decision of the membership rather than upon the free\\nchoice of any pupil in such school but shall not be construed to include\\norganizations institutionally sponsored by agencies of public welfare,\\nthe Boy Scouts of America, the Girl Scouts of America, the Campfire\\nGirls, Young Men's Christian Association, Young Women's Christian\\nAssociation, Young Men's Hebrew Association, Young Women's Hebrew\\nAssociation, Catholic Youth Organization, Kiwanis International, Hi-Y or\\nother similar organizations without limitation to the foregoing.\\n 4. Upon and after the adoption and promulgation of a rule or\\nregulation in accordance with the provisions of subdivision one of this\\nsection by the board of education of any such school district, such\\nboard of education may in any secondary school under its jurisdiction\\ndiscipline any pupil who shall promise to join, or shall become a member\\nof, or shall remain a member of, or shall solicit other persons to join\\nany such fraternity, sorority or secret society.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2504", "title" : "Meetings of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-22", "2025-11-28" ], "docLevelId" : "2504", "activeDate" : "2014-09-22", "sequenceNo" : 911, "repealedDate" : null, "fromSection" : "2504", "toSection" : "2504", "text" : " § 2504. Meetings of board of education. 1. The annual meeting of the\\nboard of education shall be held during the first week in July, at four\\no'clock in the afternoon or such other hour as the board may determine,\\nat which meeting the board shall select a president for the ensuing\\nyear. At such meeting the board may also select a vice-president who\\nshall be authorized to act for the president in case of the president's\\nabsence or inability to act during such year.\\n 2. Such board shall also fix the day and hour for holding regular\\nboard meetings which shall be at least as often as once each month and\\nshall also prescribe a method for calling special meetings of such\\nboard.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2506", "title" : "Collector", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2506", "activeDate" : "2014-09-22", "sequenceNo" : 912, "repealedDate" : null, "fromSection" : "2506", "toSection" : "2506", "text" : " § 2506. Collector. 1. The board of education shall appoint a school\\ndistrict tax collector who shall hold office during the pleasure of the\\nboard. The board may appoint the city school district treasurer to the\\noffice of city school district tax collector. Such collector shall\\nreceive a fixed compensation in lieu of all fees to which a school\\ndistrict collector might be entitled, under the provisions of this\\nchapter. Such collector shall turn over to the city school district\\ntreasurer all moneys collected by him within five days of the day of\\ntheir receipt. In the event that all school district taxes are collected\\nunder an agreement or agreements made pursuant to subdivision two of\\nthis section, no school district tax collector shall thereafter be\\nappointed while all school district taxes are so collected.\\n 2. a. The board of education and the governing board or body of a city\\nin which the city school district is located, in whole or in part, may\\nenter into an agreement for the collection of (1) all taxes on real\\nestate levied by the board of education, or (2) such taxes only as are\\nlevied by the board of education on real estate within the city. In the\\nabsence of any agreement with a city providing for the collection of all\\ncity school district taxes on real estate, the board of education and\\nthe town board of any town containing a portion of the city school\\ndistrict may enter into an agreement for the collection of taxes levied\\nby the board of education on real estate within such town. Any such\\nagreement shall state the consideration payable to such city or town for\\nsuch service and the time and manner of such payment. No such agreement\\nshall be entered into for a period in excess of five years.\\n b. For the duration of any such agreement, the official charged by law\\nwith the collection of taxes levied by or for the city or town, as the\\ncase may be, and any successor in office, shall be and become exofficio\\nthe school district tax collector for all taxes levied on real estate\\nlocated within the area covered by such agreement. All provisions of law\\napplicable to a city school district tax collector, appointed pursuant\\nto subdivision one of this section, shall apply to and govern such\\nofficial in the collection of such school taxes, including, but not\\nlimited to, the provisions of section twenty-five hundred twenty-seven,\\nexcept that such official shall not be entitled to receive any\\ncompensation for his services from the city school district.\\n c. All notices, statements and receipts given by such official in the\\ncollection of such school taxes shall include a statement that such\\nofficial is acting as collector of such school taxes by virtue of an\\nagreement between the city or town, as the case may be, and the city\\nschool district, entered into for the sole purpose of eliminating the\\nexpense of duplicate tax collection agencies.\\n d. In the absence of an agreement or agreements providing for the\\ncollection of all city school district taxes levied on real estate as\\nauthorized by this subdivision, a school district tax collector\\nappointed pursuant to subdivision one of this section shall collect such\\nschool taxes as are not collected under the terms of such agreement or\\nagreements.\\n 3. This section shall not apply to the city school district of the\\ncity of Long Beach.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2507", "title" : "Superintendent of schools; associate superintendents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2507", "activeDate" : "2014-09-22", "sequenceNo" : 913, "repealedDate" : null, "fromSection" : "2507", "toSection" : "2507", "text" : " § 2507. Superintendent of schools; associate superintendents. 1. The\\nsuperintendent and any associate superintendent of schools in each\\nschool district shall hold his position subject to the pleasure of the\\nboard of education, except that the superintendent of schools may be\\nappointed for a term of not to exceed five years, provided that the\\nterms or provisions of any employment contract between the\\nsuperintendent and the board of education relating to an increase in\\nsalary, compensation or other benefits, shall not be based on or tied to\\nthe terms of any contract or collective bargaining agreement that the\\nboard of education has or will enter with the teachers or other\\nemployees of the school district.\\n 2. A superintendent or an associate superintendent may vacate his\\nposition by filing a written resignation with the board of education.\\nNo person shall be eligible to the position of superintendent of\\nschools, deputy superintendent of schools, associate superintendent of\\nschools, assistant superintendent of schools or other superintendent of\\nschools in such city school district unless he shall possess or be\\nentitled to a superintendent's certificate as provided in section three\\nthousand three of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2508", "title" : "Powers and duties of superintendent of schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2508", "activeDate" : "2014-09-22", "sequenceNo" : 914, "repealedDate" : null, "fromSection" : "2508", "toSection" : "2508", "text" : " § 2508. Powers and duties of superintendent of schools. The\\nsuperintendent of schools of a city school district shall possess,\\nsubject to the bylaws of the board of education, the following powers\\nand be charged with the following duties:\\n 1. To be the chief executive officer of the school district and the\\neducational system, and to have a seat on the board of education and the\\nright to speak on all matters before the board, but not to vote.\\n 2. To enforce all provisions of law and all rules and regulations\\nrelating to the management of the schools and other educational, social\\nand recreational activities under the direction of the board of\\neducation.\\n 3. To prepare the content of each course of study authorized by the\\nboard of education. The content of each such course shall be submitted\\nto the board of education for its approval and, when thus approved, the\\nsuperintendent shall cause such courses of study to be used in the\\ngrades, classes and schools for which they are authorized.\\n 4. To recommend suitable lists of textbooks to be used in the schools.\\n 5. To have supervision and direction of associate, assistant and other\\nsuperintendents, directors, supervisors, principals, teachers,\\nlecturers, medical inspectors, nurses, claims auditors, deputy claims\\nauditors, attendance officers, janitors and other persons employed in\\nthe management of the schools or the other educational activities of the\\ndistrict authorized by this chapter and under the direction and\\nmanagement of the board of education; to transfer teachers from one\\nschool to another, or from one grade of the course of study to another\\ngrade in such course, and to report immediately such transfers to such\\nboard for its consideration and action; to report to such board\\nviolations of regulations and cases of insubordination, and to suspend\\nan associate, assistant or other superintendent, director, supervisor,\\nexpert, principal, teacher or other employee until the next regular\\nmeeting of such board, when all facts relating to the case shall be\\nsubmitted to such board for its consideration and action.\\n 6. To have supervision and direction over the enforcement and\\nobservance of the courses of study, the examination and promotion of\\npupils, and over all other matters pertaining to playgrounds, medical\\ninspection, recreation and social center work, libraries, lectures, and\\nall other educational activities under the management, direction and\\ncontrol of the board of education.\\n 7. Notwithstanding any inconsistent provision of law, the provisions\\nof subdivision five of this section relating to the transfer of teachers\\nmay be modified by an agreement that is collectively negotiated pursuant\\nto the provisions of article fourteen of the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2509", "title" : "Appointment of assistant and other superintendents, teachers and other employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2019-10-11", "2020-06-05", "2021-06-11", "2021-06-18", "2022-05-20", "2024-07-05" ], "docLevelId" : "2509", "activeDate" : "2014-09-22", "sequenceNo" : 915, "repealedDate" : null, "fromSection" : "2509", "toSection" : "2509", "text" : " § 2509. Appointment of assistant and other superintendents, teachers\\nand other employees. 1. (a) Teachers and all other members of the\\nteaching staff, authorized by section twenty-five hundred three of this\\narticle, shall be appointed by the board of education, upon the\\nrecommendation of the superintendent of schools, for a probationary\\nperiod of three years, except that in the case of a teacher who has\\nrendered satisfactory service as a regular substitute for a period of\\ntwo years or as a seasonally licensed per session teacher of swimming in\\nday schools who has served in that capacity for a period of two years\\nand has been appointed to teach the same subject in day schools on an\\nannual salary, the probationary period shall be limited to one year;\\nprovided, however, that in the case of a teacher who has been appointed\\non tenure in another school district within the state, the school\\ndistrict where currently employed, or a board of cooperative educational\\nservices, and who was not dismissed from such district or board as a\\nresult of charges brought pursuant to subdivision one of section three\\nthousand twenty-a of this chapter, the probationary period shall not\\nexceed two years. The service of a person appointed to any of such\\npositions may be discontinued at any time during such probationary\\nperiod, on the recommendation of the superintendent of schools, by a\\nmajority vote of the board of education. Each person who is not to be\\nrecommended for appointment on tenure shall be so notified by the\\nsuperintendent of schools in writing not later than sixty days\\nimmediately preceding the expiration of his probationary period.\\n (b) Administrators, directors, supervisors, principals and all other\\nmembers of the supervising staff, except associate, assistant and other\\nsuperintendents, authorized by section twenty-five hundred three of this\\narticle, shall be appointed by the board of education, upon the\\nrecommendation of the superintendent of schools for a probationary\\nperiod of three years. The service of a person appointed to any of such\\npositions may be discontinued at any time during the probationary period\\non the recommendation of the superintendent of schools, by a majority\\nvote of the board of education.\\n 2. At the expiration of the probationary term of any persons appointed\\nfor such term, or within six months prior thereto, the superintendent of\\nschools shall make a written report to the board of education\\nrecommending for appointment on tenure those persons who have been found\\ncompetent, efficient and satisfactory, consistent with any applicable\\nrules of the board of regents adopted pursuant to section three thousand\\ntwelve-b of this chapter. By a majority vote the board of education may\\nthen appoint on tenure any or all of the persons recommended by the\\nsuperintendent of schools. Such persons and all others employed in the\\nteaching service of the schools of such school district who have served\\nthe full probationary period shall hold their respective positions\\nduring good behavior and efficient and competent service, and shall not\\nbe removable except for cause after a hearing as provided by section\\nthree thousand twenty-a of such law. Failure to maintain certification\\nas required by this chapter and the regulations of the commissioner of\\neducation shall constitute cause for removal.\\n 3. Associate superintendents and all other employees authorized by\\nsection twenty-five hundred three of this article, except as otherwise\\nprovided in subdivision one of this section, shall be appointed by the\\nboard of education, provided, however, that the board of education may\\nenter into an employment contract with an associate, assistant, or other\\nsuperintendent of schools for a period of from one to five years.\\n 4. Clerks, draftsmen, inspectors, chemists, tabulating machine\\noperators, secretaries, stenographers, copyists, statisticians,\\njanitors, custodians, custodian-engineers, and all other administrative\\nemployees of a board of education, unless otherwise provided in this\\nchapter, shall be appointed for a probationary period provided in the\\ncivil service law and regulations based thereon. The service of a person\\nappointed to any of such positions may be discontinued by the board of\\neducation at any time during such probationary period. Such persons and\\nall others employed in the administrative service of the board of\\neducation who have served the full probationary period shall hold their\\nrespective positions during good behavior and efficient and competent\\nservice, and shall not be removed except for cause after a hearing by\\nthe affirmative vote of a majority of the board.\\n 5. No principal, supervisor, director, or teacher shall be appointed\\nto the teaching force of such city school district who does not possess\\nqualifications required under this chapter and under the regulations\\nprescribed by the commissioner of education for the persons employed in\\nsuch positions in the schools of the city school districts of the state,\\nbut a board of education may prescribe additional or higher\\nqualifications for the persons employed in any of such positions.\\n 6. Rules and regulations shall be adopted governing excusing of\\nabsences and for the granting of leaves of absence either with or\\nwithout pay for all members of the teaching and supervising staff and\\nother employees.\\n 7. Notwithstanding any other provision of this section no period in\\nany school year for which there is no required service and/or for which\\nno compensation is provided shall in any event constitute a break or\\nsuspension of probationary period or continuity of tenure rights of any\\nof the persons hereinabove described.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2510", "title" : "Abolition of office or position", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "2510", "activeDate" : "2014-09-22", "sequenceNo" : 916, "repealedDate" : null, "fromSection" : "2510", "toSection" : "2510", "text" : " § 2510. Abolition of office or position. 1. If the board of education\\nabolishes an office or position and creates another office or position\\nfor the performance of duties similar to those performed in the office\\nor position abolished, the person filling such office or position at the\\ntime of its abolishment shall be appointed to the office or position\\nthus created without reduction in salary or increment, provided the\\nrecord of such person has been one of faithful, competent service in the\\noffice or position he has filled.\\n 2. Whenever a board of education abolishes a position under this\\nchapter, the services of the teacher having the least seniority in the\\nsystem within the tenure of the position abolished shall be\\ndiscontinued.\\n 3. (a) If an office or position is abolished or if it is consolidated\\nwith another position without creating a new position, the person\\nfilling such position at the time of its abolishment or consolidation\\nshall be placed upon a preferred eligible list of candidates for\\nappointment to a vacancy that then exists or that may thereafter occur\\nin an office or position similar to the one which such person filled\\nwithout reduction in salary or increment, provided the record of such\\nperson has been one of faithful, competent service in the office or\\nposition he has filled. The persons on such preferred list shall be\\nreinstated or appointed to such vacancies in such corresponding or\\nsimilar positions in the order of their length of service in the system\\nat any time within seven years from the date of abolition or\\nconsolidation of such office or position. Notwithstanding any other\\nprovision of law to the contrary, in the event that a member of the New\\nYork state teachers' retirement system, who is receiving a disability\\nretirement allowance, shall have such disability retirement allowance\\nrescinded, such member shall be placed upon such preferred eligible list\\nas of the effective date of his or her disability retirement.\\n (b) The persons on such preferred list shall be reinstated, in\\naccordance with the terms of paragraph (a) of this subdivision, to such\\nsubstitute positions of five months or more in duration, as may from\\ntime to time occur without losing their preferred status on such list.\\nDeclination of such reinstatement shall not adversely affect the\\npersons' preferred eligibility status.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2511", "title" : "Purchase and sale of real and personal property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2511", "activeDate" : "2014-09-22", "sequenceNo" : 917, "repealedDate" : null, "fromSection" : "2511", "toSection" : "2511", "text" : " § 2511. Purchase and sale of real and personal property. 1. The board\\nof education may purchase real and personal property for any of the\\npurposes authorized by law and shall take title thereto in the name of\\nthe school district. The board of education is hereby empowered to sell\\nand convey the same, when it deems it for the best interest of the\\nschool district, except that the purchase, acquisition and sale of real\\nproperty and motor vehicles for the transportation of children shall be\\nsubject to the approval of the voters, to the same extent as in a union\\nfree school district. In the event that an owner of real property\\nrefuses to sell such property to the board of education or such owner is\\nunable to agree with such board on the purchase price thereof, such\\nboard shall have authority to institute such proceedings and take such\\naction as may be necessary to acquire title to such property pursuant to\\nthe eminent domain procedure law.\\n 2. A board of education may petition the municipality in which the\\nproperty affected is situated to institute proceedings under the eminent\\ndomain procedure law, to acquire real property described in the petition\\nwhich the board of education has certified to be necessary for\\neducational purposes. The resolution granting the petition shall set\\nforth the amount to be paid by the board of education to the\\nmunicipality for such property or in lieu thereof that the board of\\neducation shall pay to the municipality all sums expended or required to\\nbe expended by the municipality in the acquisition thereof, and the time\\nof payment and the manner of securing payment thereof, and may require\\nthat the municipality shall receive, before proceeding with the\\nacquisition of such property, such assurances as to payment or\\nreimbursement by the board of education or otherwise as the municipality\\nmay deem advisable. Upon the passage of a resolution by the local\\nlegislative body of the municipality granting the petition, the board of\\neducation shall cause four copies of surveys or maps of the property\\ndescribed in the petition to be made, one of which shall be filed in the\\noffice of the board of education, one in the office of the corporation\\ncounsel or chief law officer of the municipality, one in the office of\\nthe clerk of the municipality and one in the office in which instruments\\naffecting real property in the county are recorded. The filing of such\\ncopies of surveys or maps shall be conclusive evidence of the acceptance\\nby the board of education of the terms and conditions of such\\nresolution. The municipality may proceed under the provisions of the\\neminent domain procedure law for the acquisition of real property for\\npublic improvements. When title to the property shall have vested in the\\nmunicipality, it shall convey the same to the board of education upon\\npayment by the board of education of the sums and the giving of the\\nsecurity required by the resolution granting the petition. As soon as\\ntitle shall have vested in the municipality, the board of education may,\\nupon the authorization of the mayor or chief executive officer of the\\nmunicipality by whatever name known, enter upon the property taken, take\\nover and dispose of existing improvements, and carry out the purposes\\nfor which the property was acquired. Whenever in connection with\\ncondemnation proceedings, requirement is made in any applicable general,\\nspecial or local law for the performance of an act by a department or\\nofficer of the municipality, it shall be regarded for the purposes of\\nthis section as compliance therewith if with the approval of the mayor\\nor other chief executive officer such act is performed by the board of\\neducation or by persons specially designated by it.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2512", "title" : "Buildings and sites", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2512", "activeDate" : "2014-09-22", "sequenceNo" : 918, "repealedDate" : null, "fromSection" : "2512", "toSection" : "2512", "text" : " § 2512. Buildings and sites. 1. Such board of education is authorized\\nand it shall have power to designate sites, to purchase, repair,\\nreconstruct, improve or enlarge school buildings or other buildings or\\nsites, and to construct new buildings, provided that the purchase,\\nrepair, reconstruction, improvement or enlargement of school buildings\\nor other buildings or sites, and construction of new buildings shall be\\nsubject to voter approval, to the same extent as in a union free school\\ndistrict.\\n 2. Whenever in the judgment of such board of education it is necessary\\nto select a new site, or to enlarge a present site, or to designate a\\nplayground or recreation center, or to acquire title to or lease real\\nproperty for other educational purposes authorized by this chapter, such\\nboard may take options on property desirable for such purposes but\\nbefore taking title thereto shall pass a resolution stating the\\nnecessity therefor, describing by metes and bounds or by lot number the\\ngrounds or territory desired for each of such purposes, and estimating\\nthe amount of funds necessary therefor.\\n 3. Whenever in the judgment of such board of education the needs of\\nthe district require a new building for school purposes or for\\nrecreation or other educational purposes authorized by this chapter, or\\nwhen in its judgment a building should be reconstructed or enlarged,\\nsuch board shall pass a resolution specifying in detail the necessity\\ntherefor and estimating the amount of funds necessary for such purpose.\\n 4. No site shall be designated except upon a majority vote of a board\\nof education and no building shall be constructed, reconstructed,\\nrepaired or enlarged until the plans and specifications therefor are\\napproved by the board of education and, in city school districts of\\ncities having a population of less than seventy thousand, according to\\nthe latest federal census, by the commissioner of education pursuant to\\nsection four hundred eight of this chapter.\\n 5. When the real property of the school district is no longer needed\\nfor educational purposes, such board may sell or dispose of such\\nproperty, subject to voter approval, and the proceeds thereof shall be\\ncredited to the funds under the control and administration of the board\\nof education.\\n 6. The board of education of any city school district of a city which\\nhas a planning commission, by whatever name known, shall, before\\ndesignating a site or sites, submit the proposed designation to such\\ncity planning commission. Such commission shall make its recommendation\\nto such board within sixty days from the date of such submission. The\\nboard of education may not designate a site or sites contrary to such\\nrecommendation, except after a public hearing and by a vote of\\ntwo-thirds of its voting strength. The notice for such hearing shall be\\npublished at least once in each week for the four weeks preceding such\\nhearing, in a newspaper, or two newspapers if there be two, having a\\ngeneral circulation, in such city school district. If such commission\\nfails to make any recommendation prior to the expiration of such sixty\\ndays, the board of education may proceed to designate such site or\\nsites. This subdivision shall not apply to the designation of a site or\\nsites by such board of education where such site is located inside the\\ncity school district, but outside the boundaries of the city.\\n 7. a. To enter into a lease, sublease or other agreement with the\\ndormitory authority providing for the financing or refinancing of all or\\na portion of school district capital facilities or school district\\ncapital equipment in accordance with section sixteen hundred eighty of\\nthe public authorities law and with the approval of the commissioner.\\nSuch lease, sublease, or other agreement may provide for the payment of\\nannual or other payments to the dormitory authority, and contain such\\nother terms and conditions as may be agreed upon by the parties thereto,\\nincluding the establishment of reserve funds and indemnities. For\\npurposes of this subdivision, school district capital equipment shall\\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\\nof the public authorities law.\\n b. Notwithstanding any provisions of law to the contrary, the\\ndormitory authority and the board of education are hereby authorized and\\nempowered to perform any and all acts and to enter into any and all\\nagreements necessary or desirable to effectuate the purposes of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2513", "title" : "Contracts; advertisement for bids", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2513", "activeDate" : "2014-09-22", "sequenceNo" : 919, "repealedDate" : null, "fromSection" : "2513", "toSection" : "2513", "text" : " § 2513. Contracts; advertisement for bids. The board of education\\nshall let all contracts for public work and all purchase contracts to\\nthe lowest responsible bidder after advertisement for bids where so\\nrequired by section one hundred three of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2514", "title" : "Kindergartens, nursery and night schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2514", "activeDate" : "2014-09-22", "sequenceNo" : 920, "repealedDate" : null, "fromSection" : "2514", "toSection" : "2514", "text" : " § 2514. Kindergartens, nursery and night schools. 1. The board of\\neducation of each city school district may maintain kindergartens which\\nshall be free to resident children between the ages of four and six\\nyears, provided, however, such board may fix a higher minimum age for\\nadmission to such kindergartens.\\n 2. A board of education may maintain nursery schools which shall be\\nfree to resident children and may fix the age for admission.\\n 3. Night schools, which shall be free to all persons residing in the\\ncity school district, and wherein the common branches and, in the\\ndiscretion of the board of education, such additional subjects as may be\\nadapted to students applying for instruction are taught on at least two\\nnights each week, for two hours each night, shall be maintained by the\\nboard of education:\\n a. In city school districts of a city having a population of one\\nhundred thousand or more, according to the latest federal census on at\\nleast one hundred nights.\\n b. In city school districts of a city having a population of fifty\\nthousand but less than one hundred thousand, according to the latest\\nfederal census, on at least seventy-five nights.\\n c. In each other city school district, on at least fifty nights.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2515", "title" : "Fiscal year", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2515", "activeDate" : "2014-09-22", "sequenceNo" : 921, "repealedDate" : null, "fromSection" : "2515", "toSection" : "2515", "text" : " § 2515. Fiscal year. The fiscal year for city school districts of\\ncities with less than one hundred twenty-five thousand inhabitants shall\\nbe the period commencing with July first and ending with June thirtieth\\nnext following.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2519", "title" : "Adoption of budget; publication of changes; appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2519", "activeDate" : "2014-09-22", "sequenceNo" : 922, "repealedDate" : null, "fromSection" : "2519", "toSection" : "2519", "text" : " § 2519. Adoption of budget; publication of changes; appropriations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2522", "title" : "General budgetary controls; lapse of appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2522", "activeDate" : "2014-09-22", "sequenceNo" : 923, "repealedDate" : null, "fromSection" : "2522", "toSection" : "2522", "text" : " § 2522. General budgetary controls; lapse of appropriations. 1. A\\nseparate account shall be kept of each appropriation. Each such account\\nshall show the amount of the appropriation, the encumbrances against\\nsuch account, the amounts expended therefrom and the unencumbered\\nbalance.\\n 2. No expenditure, or contract which in any manner involves the\\nexpenditure of money or the incurring of any pecuniary liability, shall\\nbe made or entered into by the school district, or officer or employee\\nthereof, unless an amount has been appropriated and is available\\ntherefor or has been authorized to be borrowed pursuant to the local\\nfinance law. This subdivision shall not prevent the making of a\\ncontract or lease for a term exceeding one year when authorized by law;\\nnor shall this subdivision require a school district which has entered\\ninto a contract or lease for a term exceeding one year to pay during the\\ncurrent fiscal year any amounts larger than those which become due and\\nowing during that year under the terms of such lease or contract.\\n 3. Appropriations, to the extent that they shall not have been\\nexpended or encumbered, shall lapse at the close of the fiscal year for\\nwhich made, except that appropriations for capital improvements shall\\ncontinue in force until the purposes for which they were made shall have\\nbeen accomplished or abandoned.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2523", "title" : "Moneys; custody and disbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23" ], "docLevelId" : "2523", "activeDate" : "2014-09-22", "sequenceNo" : 924, "repealedDate" : null, "fromSection" : "2523", "toSection" : "2523", "text" : " § 2523. Moneys; custody and disbursement. 1. The treasurer of each\\ncity school district shall demand, collect, receive and have the care\\nand custody of moneys belonging to or due the district from every\\nsource. On the business day next following the day of their receipt the\\ntreasurer shall deposit in his name, as treasurer of the city school\\ndistrict, all such moneys in or with such banks or trust companies as\\nshall have been designated as depositaries of the moneys of such\\ndistrict. Where the board of education with the written consent of the\\ncity authorities, has appointed a city officer as city school district\\ntreasurer, such treasurer may not commingle school district funds with\\ncity funds.\\n * 2. Such moneys shall be disbursed only on the signature of such\\ntreasurer by checks payable to the person or persons entitled thereto.\\nThe board of education may in its discretion require that such\\nchecks-other than checks for salary, be countersigned by another\\nofficer of such district. When authorized by resolution of the board of\\neducation such checks may be signed with the facsimile signature of the\\ntreasurer and other district officer whose signature is required, as\\nreproduced by a machine or device commonly known as a check-signer. Each\\ncheck drawn by the treasurer shall state the fund against which it is\\ndrawn. No fund shall be overdrawn nor shall any check be drawn upon one\\nfund to pay a claim chargeable to another. No money shall be paid out by\\nthe treasurer except upon the warrant of the clerk of the board of\\neducation after audit and allowance by such board, or if a claims\\nauditor or deputy claims auditor shall have been appointed, except upon\\nthe warrant of such claims auditor or deputy claims auditor after audit\\nand allowance thereof; provided, however, when provision for payment has\\nbeen made in the annual budget the treasurer may pay, without such\\nwarrant or prior audit and allowance, (a) the principal of and interest\\non bonds, notes or other evidences of indebtedness of the district or\\nfor the payment of which the district shall be liable, and (b)\\ncompensation for services of officers or employees engaged at agreed\\nwages by the hour, day, week, month or year upon presentation of a duly\\ncertified payroll; and provided further that in the case of a city\\nschool district with a public school enrollment of ten thousand students\\nor more, the board of education may, at its discretion, use a risk-based\\nor sampling methodology to determine which claims are to be audited in\\nlieu of auditing all claims so long as it is determined by resolution of\\nthe board of education that the methodology for choosing the sample\\nprovides reasonable assurance that all the claims represented in the\\nsample are proper charges against the school district. By resolution\\nduly adopted, the board may determine to enter into a contract to\\nprovide for the deposit of the periodic payroll of the school district\\nin a bank or trust company for disbursal by it in accordance with\\nprovisions of section ninety-six-b of the banking law.\\n * NB Effective until July 1, 2014\\n * 2. Such moneys shall be disbursed only on the signature of such\\ntreasurer by checks payable to the person or persons entitled thereto.\\nThe board of education may in its discretion require that such\\nchecks-other than checks for salary, be countersigned by another\\nofficer of such district. When authorized by resolution of the board of\\neducation such checks may be signed with the facsimile signature of the\\ntreasurer and other district officer whose signature is required, as\\nreproduced by a machine or device commonly known as a check-signer. Each\\ncheck drawn by the treasurer shall state the fund against which it is\\ndrawn. No fund shall be overdrawn nor shall any check be drawn upon one\\nfund to pay a claim chargeable to another. No money shall be paid out by\\nthe treasurer except upon the warrant of the clerk of the board of\\neducation after audit and allowance by such board, or if a claims\\nauditor shall have been appointed, except upon the warrant of such\\nclaims auditor after audit and allowance thereof; provided, however,\\nwhen provision for payment has been made in the annual budget the\\ntreasurer may pay, without such warrant or prior audit and allowance,\\n(a) the principal of and interest on bonds, notes or other evidences of\\nindebtedness of the district or for the payment of which the district\\nshall be liable, and (b) compensation for services of officers or\\nemployees engaged at agreed wages by the hour, day, week, month or year\\nupon presentation of a duly certified payroll. By resolution duly\\nadopted, the board may determine to enter into a contract to provide for\\nthe deposit of the periodic payroll of the school district in a bank or\\ntrust company for disbursal by it in accordance with provisions of\\nsection ninety-six-b of the banking law.\\n * NB Effective July 1, 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2524", "title" : "Form of claims", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23" ], "docLevelId" : "2524", "activeDate" : "2014-09-22", "sequenceNo" : 925, "repealedDate" : null, "fromSection" : "2524", "toSection" : "2524", "text" : " § 2524. Form of claims. * 1. No claim against a city school district,\\nexcept for compensation for services of an officer or employee engaged\\nat agreed wages by the hour, day, week, month or year or for the\\nprincipal of or interest on indebtedness of the district, shall be paid\\nunless an itemized voucher therefor approved by the officer whose action\\ngave rise or origin to the claim, shall have been presented to the board\\nof education, or the claims auditor or deputy claims auditor of the city\\nschool district and shall have been audited and allowed, provided that\\nin the case of a city school district with a public school enrollment of\\nten thousand students or more, the board of education may, at its\\ndiscretion, use a risk-based or sampling methodology to determine which\\nclaims are to be audited in lieu of auditing all claims so long as it is\\ndetermined by resolution of the board of education that the methodology\\nfor choosing the sample provides reasonable assurance that all the\\nclaims represented in the sample are proper charges against the school\\ndistrict. The board of education shall be authorized, but not required,\\nto prescribe the form of such voucher.\\n * NB Effective until July 1, 2014\\n * 1. No claim against a city school district, except for compensation\\nfor services of an officer or employee engaged at agreed wages by the\\nhour, day, week, month or year or for the principal of or interest on\\nindebtedness of the district, shall be paid unless an itemized voucher\\ntherefor approved by the officer whose action gave rise or origin to the\\nclaim, shall have been presented to the board of education or claims\\nauditor of the city school district and shall have been audited and\\nallowed. The board of education shall be authorized, but not required,\\nto prescribe the form of such voucher.\\n * NB Effective July 1, 2014\\n 2. The board of education may by resolution authorize the payment in\\nadvance of audit of claims for public utility services, postage, freight\\nand express charges. All such claims shall be presented at the next\\nregular meeting for audit, and the claimant and the officer incurring or\\napproving the same shall be jointly and severally liable for any amount\\ndisallowed by the board of education.\\n As used in this subdivision, the term public utility services shall\\nmean electric, gas, water, sewer and telephone services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2525", "title" : "Audit of claims", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23" ], "docLevelId" : "2525", "activeDate" : "2014-09-22", "sequenceNo" : 926, "repealedDate" : null, "fromSection" : "2525", "toSection" : "2525", "text" : " * § 2525. Audit of claims. 1. The board of education, in considering\\nany claim or where applicable a sampling of claims, may require any\\nperson presenting the same to be sworn before it or before any member\\nthereof and to give testimony relative to the justness and accuracy of\\nsuch claim, and may take evidence and examine witnesses under oath in\\nrespect to the claim, and for that purpose may issue subpoenas for the\\nattendance of witnesses. When a claim or where applicable a sampling of\\nclaims has been finally audited by the board of education the clerk of\\nsuch board shall endorse thereon or attach thereto a certificate of such\\naudit and file the same as a public record in his or her office. When\\nany claim has been so audited and a certificate thereof so filed, the\\nclerk of the board of education shall draw a warrant specifying the name\\nof the claimant, the amount allowed and the fund, function and object\\nchargeable therewith and such other information as may be deemed\\nnecessary and essential, directed to the treasurer of the district,\\nauthorizing and directing him or her to pay to the claimant the amount\\nallowed upon his or her claim. A copy of such warrant shall be filed in\\nthe office of the clerk.\\n 2. In a city school district in which the office of claims auditor or\\ndeputy claims auditor has been created, the claims auditor or deputy\\nclaims auditor in considering a claim or where applicable a sampling of\\nclaims, may require any person presenting the same to be sworn before\\nhim or her and to give testimony relative to the justness and accuracy\\nof such claim, and may take evidence and examine witnesses under oath in\\nrespect to the claim, and for that purpose may issue subpoenas for the\\nattendance of witnesses. When a claim, or where applicable a sampling of\\nclaims, has been finally audited by the claims auditor or deputy claims\\nauditor he or she shall endorse thereon or attach thereto a certificate\\nof such audit and file the same as a public record in his or her office.\\nWhen any claim has been so audited and a certificate thereof so filed,\\nthe claims auditor or deputy claims auditor shall draw a warrant\\nspecifying the number of the claim, the name of the claimant, the amount\\nallowed and the fund, function and object chargeable therewith and such\\nother information as may be deemed necessary or essential, directed to\\nthe treasurer of the district, authorizing and directing him or her to\\npay to the claimant the amount allowed upon his or her claim. In the\\ncase of a city school district with a public school enrollment of ten\\nthousand students or more, the board of education may, at its\\ndiscretion, use a risk-based or sampling methodology to determine which\\nclaims are to be audited in lieu of auditing all claims so long as it is\\ndetermined by resolution of the board of education that the methodology\\nfor choosing the sample provides reasonable assurance that all the\\nclaims represented in the sample are proper charges against the school\\ndistrict. A copy of such warrant shall be filed in the office of the\\nclerk.\\n * NB Effective until July 1, 2014\\n * § 2525. Audit of claims. 1. The board of education, in considering\\nany claim, may require any person presenting the same to be sworn before\\nit or before any member thereof and to give testimony relative to the\\njustness and accuracy of such claim, and may take evidence and examine\\nwitnesses under oath in respect to the claim, and for that purpose may\\nissue subpoenas for the attendance of witnesses. When a claim has been\\nfinally audited by the board of education the clerk of such board shall\\nendorse thereon or attach thereto a certificate of such audit and file\\nthe same as a public record in his or her office. When any claim has\\nbeen so audited and a certificate thereof so filed, the clerk of the\\nboard of education shall draw a warrant specifying the name of the\\nclaimant, the amount allowed and the fund, function and object\\nchargeable therewith and such other information as may be deemed\\nnecessary and essential, directed to the treasurer of the district,\\nauthorizing and directing him or her to pay to the claimant the amount\\nallowed upon his or her claim. A copy of such warrant shall be filed in\\nthe office of the clerk.\\n 2. In a city school district in which the office of claims auditor has\\nbeen created, the claims auditor in considering a claim, may require any\\nperson presenting the same to be sworn before him or her and to give\\ntestimony relative to the justness and accuracy of such claim, and may\\ntake evidence and examine witnesses under oath in respect to the claim,\\nand for that purpose may issue subpoenas for the attendance of\\nwitnesses. When a claim has been finally audited by the claims auditor\\nhe or she shall endorse thereon or attach thereto a certificate of such\\naudit and file the same as a public record in his or her office. When\\nany claim has been so audited and a certificate thereof so filed, the\\nclaims auditor shall draw a warrant specifying the number of the claim,\\nthe name of the claimant, the amount allowed and the fund, function and\\nobject chargeable therewith and such other information as may be deemed\\nnecessary or essential, directed to the treasurer of the district,\\nauthorizing and directing him or her to pay to the claimant the amount\\nallowed upon his or her claim. A copy of such warrant shall be filed in\\nthe office of the clerk.\\n * NB Effective July 1, 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2526", "title" : "Claims auditor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2526", "activeDate" : "2014-09-22", "sequenceNo" : 927, "repealedDate" : null, "fromSection" : "2526", "toSection" : "2526", "text" : " § 2526. Claims auditor. 1. The board of education of a city school\\ndistrict may adopt a resolution establishing the office of claims\\nauditor and appoint a claims auditor who shall hold his or her position\\nsubject to the pleasure of such board of education. In its discretion,\\nthe board may adopt a resolution establishing the office of deputy\\nclaims auditor who shall act as claims auditor in the absence of the\\nclaims auditor. Such claims auditor shall report directly to the board\\nof education. No person shall be eligible for appointment to the office\\nof claims auditor or deputy claims auditor who shall be:\\n (1) a member of the board of education;\\n (2) the clerk or treasurer of the board of education;\\n (3) the superintendent of schools or other official of the district\\nresponsible for business management;\\n (4) the person designated as purchasing agent; or\\n (5) clerical or professional personnel directly involved in accounting\\nand purchasing functions of the school district.\\n 1-a. The positions of claims auditor and deputy claims auditor shall\\nbe classified in the exempt class of civil service. Such board of\\neducation, at any time after the establishment of the office of claims\\nauditor or deputy claims auditor, may adopt a resolution abolishing such\\noffice, whereupon such office shall be abolished.\\n 2. When the office of claims auditor shall have been established and a\\nclaims auditor shall have been appointed and shall have qualified, the\\npowers and duties of the board of education with respect to claims\\nauditing, allowing or rejecting all accounts, charges, claims or demands\\nagainst the city school district shall devolve upon and thereafter be\\nexercised by such claims auditor, during the continuance of such office.\\nThe board of education shall be permitted to delegate the claims audit\\nfunction to one or more independent entities by using (1)\\ninter-municipal cooperative agreements, (2) shared services to the\\nextent authorized by section nineteen hundred fifty of this title, or\\n(3) independent contractors, to fulfill this function.\\n 3. When the board of education delegates the claims audit function\\nusing an inter-municipal cooperative agreement, shared service\\nauthorized by section nineteen hundred fifty of this title, or an\\nindependent contractor, the board shall be responsible for auditing all\\nclaims for services from the entity providing the delegated claims\\nauditor, either directly or through a delegation to a different\\nindependent entity.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2527", "title" : "Official undertakings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2527", "activeDate" : "2014-09-22", "sequenceNo" : 928, "repealedDate" : null, "fromSection" : "2527", "toSection" : "2527", "text" : " § 2527. Official undertakings. The clerk of the board of education or,\\nwhere the office of claims auditor or deputy claims auditor has been\\ncreated, the claims auditor or deputy claims auditor, and the treasurer,\\ncollector and such other officers and employees as the board of\\neducation shall designate, shall, before they enter upon the duties of\\ntheir respective offices or positions, each execute to the school\\ndistrict and file with the school district clerk an official undertaking\\nin such sum and with such corporate surety as the board of education\\nshall direct and approve. The board of education may, at any time,\\nrequire any such officer or employee to file a new official undertaking\\nfor such sum and with such corporate surety as the board shall approve.\\nSuch undertakings as shall have been approved by the board of education\\nshall forthwith be filed with the school district clerk. The expense of\\nany undertaking executed pursuant to this section shall be a school\\ndistrict charge.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2528", "title" : "Annual financial report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2528", "activeDate" : "2014-09-22", "sequenceNo" : 929, "repealedDate" : null, "fromSection" : "2528", "toSection" : "2528", "text" : " § 2528. Annual financial report. Within three months after the close\\nof the fiscal year the board of education shall annually cause to be\\npublished in a newspaper, or two newspapers if there be two, having a\\ngeneral circulation in the city school district, or in pamphlet form for\\ngeneral distribution, in such form and detail as shall be required by\\nthe commissioner of education, on account of all moneys received by the\\nboard of education for its account and use during such fiscal year, and\\nall moneys expended therefor stating the source of receipts and the\\ncharacter and object of expenditures in full. Such annual report shall\\nalso contain a full and complete statement of any bonds issued the\\npreceding year for school purposes and the disposition made or to be\\nmade of the proceeds of such bonds. If such report is prepared in\\npamphlet form for general distribution, a notice shall be published in\\nsuch newspaper or newspapers that such pamphlets are available at a\\nstated place and time or times.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2529", "title" : "Tax election", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2529", "activeDate" : "2014-09-22", "sequenceNo" : 930, "repealedDate" : null, "fromSection" : "2529", "toSection" : "2529", "text" : " § 2529. Tax election. The board of education may call a special\\nelection in the manner provided in article fifty-three of this chapter\\nand submit to the qualified voters of the school district a proposition\\nto expend a sum of money in excess of twenty-five thousand dollars for\\nan addition to, or change of site, or purchase of a new site or\\nstructure, or for grading or improving a school site, or for the\\npurchase of lands and buildings for agricultural, athletic, playground\\nor social center purposes, or for building any new school, or for the\\nerection of an addition to any school, or for the reconstruction or\\nrepair of any school. Such expenditures, when made pursuant to this\\nsection, shall be made only during the fiscal year for which a tax is to\\nbe levied. The provisions of article fifty-three shall apply to such\\nelections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2530", "title" : "Power to contract indebtedness", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2530", "activeDate" : "2014-09-22", "sequenceNo" : 931, "repealedDate" : null, "fromSection" : "2530", "toSection" : "2530", "text" : " § 2530. Power to contract indebtedness. Each city school district\\nshall be authorized to expend money for any of the objects or purposes\\nwhich it is authorized to accomplish by law and may contract\\nindebtedness in its name pursuant to the local finance law. The\\nprovisions of section four hundred sixteen of this chapter shall be\\napplicable to such districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A52", "title" : "City School Districts of Cities With One Hundred Twenty-five Thousand Inhabitants or More", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-11-17", "2024-12-13" ], "docLevelId" : "52", "activeDate" : "2014-09-22", "sequenceNo" : 932, "repealedDate" : null, "fromSection" : "2550", "toSection" : "2588", "text" : " ARTICLE 52\\n CITY SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE THOUSAND\\n INHABITANTS OR MORE\\nSection 2550. Application of article.\\n 2551. Board of education corporate body.\\n 2552. Board of education.\\n 2553. Board of education; eligibility; how chosen; term of\\n office; vacancies.\\n 2554. Powers and duties of board of education.\\n 2554-a. Powers of boards of education to ban fraternities,\\n sororities and other secret societies.\\n 2554-b. Special provisions relating to the city school district\\n of the city of New York during emergency period.\\n 2554-c. Identification photos of senior high school, junior high\\n school or intermediate school students in the city\\n school district of the city of New York.\\n 2555. Kindergartens, nursery and night schools.\\n 2556. Buildings, sites, et cetera.\\n 2557. Purchase and sale of real property.\\n 2559. Power of removal of member of board of education.\\n 2560. Liability of board of education and community school\\n boards in a city having a population of one million or\\n more inhabitants.\\n 2561. Liability of certain officers and employees of boards of\\n education in a city having a population of one million\\n or more inhabitants.\\n 2562. Presentation of claims against a board of education of a\\n city having a population of four hundred thousand or\\n more to be pleaded.\\n 2563. Meetings of board of education.\\n 2564. Local school board districts.\\n 2565. Superintendent of schools, associate superintendents,\\n board of superintendents.\\n 2566. Powers and duties of superintendent of schools.\\n 2567. Protection of rights exercised under licenses issued by\\n a board of education in a city having a population of\\n one million or more.\\n 2568. Superintendent of schools authorized to require medical\\n examination of certain employees of certain boards of\\n education.\\n 2569. Appointment of teachers.\\n 2573. Appointment of assistant, district or other\\n superintendents, teachers and other employees; their\\n salaries, et cetera.\\n 2574. Assistant superintendents in a city having a population\\n of one million or more.\\n 2575. Retirement of employees of board of education.\\n 2575-a. Transfer of certain board of education administrative\\n employees' to school clerical services of the board of\\n education of the city of New York.\\n 2575-b. Transfer of attendance teachers and specially\\n certificated attendance officers to the New York City\\n teachers' retirement system.\\n 2575-c. Transfer of the director of attendance, assistant\\n director of attendance, chief attendance officer,\\n division supervising attendance officers and district\\n supervising attendance officers, supervisors of school\\n social workers to the New York city teachers'\\n retirement system.\\n 2575-d. Payment of benefits by board of education retirement\\n system of the city of New York in cases where\\n workmen's compensation is or may be payable;\\n reimbursement of such retirement system from workmen's\\n compensation awards.\\n 2575-e. Eligibility of retirees for membership in the board of\\n education retirement system of the city of New York.\\n 2576. Annual estimate.\\n 2577. Annual financial report.\\n 2579. Payment of obligations.\\n 2580. Funds; custody and disbursement.\\n 2581. Certain corporate schools entitled to participate in\\n funds of board of education of city of New York.\\n 2582. Trustees of corporate schools entitled to participate in\\n funds of the board of education of the city of New\\n York may convey to city of New York and be merged.\\n 2583. Certain schools to report as to moneys and attendance;\\n accidental omission to report.\\n 2584. Bonds of employees.\\n 2585. Continuation in office of boards, bureaus, teachers,\\n principals and other employees, et cetera.\\n 2586. Anniversary day as a holiday for pupils in the public\\n schools of the borough of Brooklyn and in the borough\\n of Queens, city of New York.\\n 2587. Tenure in fashion institute of technology.\\n 2588. Seniority, retention and displacement rights in\\n connection with abolition of positions in city school\\n districts of cities having more than one million\\n inhabitants.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2550", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2550", "activeDate" : "2014-09-22", "sequenceNo" : 933, "repealedDate" : null, "fromSection" : "2550", "toSection" : "2550", "text" : " § 2550. Application of article. This article shall apply to the city\\nschool districts of the following cities only: New York, Buffalo,\\nRochester, Syracuse and Yonkers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2551", "title" : "Board of education corporate body", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2551", "activeDate" : "2014-09-22", "sequenceNo" : 934, "repealedDate" : null, "fromSection" : "2551", "toSection" : "2551", "text" : " § 2551. Board of education corporate body. The board of education of\\neach city school district of a city with one hundred twenty-five\\nthousand inhabitants or more according to the latest federal census is\\nhereby continued as a body corporate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2552", "title" : "Board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-09-13", "2025-07-04" ], "docLevelId" : "2552", "activeDate" : "2014-09-22", "sequenceNo" : 935, "repealedDate" : null, "fromSection" : "2552", "toSection" : "2552", "text" : " § 2552. Board of education. The board of education of each such city\\nschool district is hereby continued. The educational affairs in each\\nsuch city school district shall be under the general management and\\ncontrol of a board of education to consist of not less than three and\\nnot more than nine members, to be chosen as hereinafter provided, and to\\nbe known as members of the board of education, except that the board of\\neducation of the city school district of the city of New York shall be\\nconstituted as provided in article fifty-two-A of this chapter. The\\nnumber of members on the board of education of each such city school\\ndistrict shall continue to be as follows:\\n a. City school district of the city of Buffalo: nine members.\\n b. City school district of the city of Rochester: seven members.\\n c. City school district of the city of Syracuse: seven members.\\n d. City school district of the city of Yonkers: nine members.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2553", "title" : "Board of education; eligibility; how chosen; term of office; vacancies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-01-13", "2017-08-18", "2019-11-29", "2021-03-12", "2022-08-05", "2022-08-19", "2024-05-03", "2024-05-31", "2024-09-13", "2025-07-04", "2026-04-03" ], "docLevelId" : "2553", "activeDate" : "2014-09-22", "sequenceNo" : 936, "repealedDate" : null, "fromSection" : "2553", "toSection" : "2553", "text" : " § 2553. Board of education; eligibility; how chosen; term of office;\\nvacancies. 1. No person shall be eligible to the office of member of a\\nboard of education who is not a citizen of the United States, who is not\\nqualified to register for or vote at an election in accordance with the\\nprovisions of section 5-106 of the election law, and who, in the case of\\nthe city school district of the city of Yonkers, has not been a resident\\nof the city school district for which he is chosen for a period of at\\nleast three years immediately preceding the date of his election or\\nappointment and who, in the case of the city school district of the city\\nof Buffalo, in the case of a member to be elected at large is not a\\nqualified voter of such city school district and who has not been a\\nresident of such district for a period of at least three years\\nimmediately preceding the date of his election and in the case of a\\nmember elected from a city school subdistrict is not a qualified voter\\nof such city school subdistrict and has not been a resident of the city\\nschool district for three years and a resident of the city school\\nsubdistrict which he represents or seeks to represent for a period of\\none year immediately preceding the date of his election, and who, in the\\ncase of the city school district of the city of Rochester, is not a\\nqualified voter under section 5-102 of the election law of such city\\nschool district; and who in the case of the city school district of the\\ncity of Syracuse has not been a qualified voter under section 5-102 of\\nthe election law of such city school district for at least ninety days\\nimmediately preceding the date of his election or appointment.\\n 2. In the city school districts of the cities of Rochester and\\nSyracuse the members of such board of education shall be chosen by the\\nvoters at large at either a general or municipal election, or at both.\\nIn the city school district of the city of Buffalo the members of such\\nboard of education shall be chosen pursuant to the provisions of\\nsubdivision ten of this section.\\n 3. In the city school district of the city of Yonkers members of the\\nboard of education shall be appointed from the city at large by the\\nmayor and shall be for terms of five years each, to begin on the first\\nTuesday in May.\\n 4. In the city school districts of the following cities, the terms of\\nsuch members shall be as follows:\\n a. Rochester: Four Years;\\n b. Syracuse: Four Years;\\n c. Yonkers: Five Years.\\n 5. The terms of one-fifth of all the members of a board of education,\\nor of a fraction as close to one-fifth thereof as possible, shall expire\\nannually on the first Tuesday in May, except in the city school\\ndistricts of the cities of Buffalo, Rochester and Syracuse.\\n 6. If a vacancy occurs other than by expiration of term in the office\\nof a member of a board of education in a district in which such members\\nare elected at a general or municipal election, such vacancy shall be\\nfilled by appointment by the mayor until the next general or municipal\\nelection is held, and such vacancy shall then be filled at such election\\nfor the unexpired portion of such term, except that in the city school\\ndistrict of the city of Rochester any such vacancy shall be filled\\npursuant to the provisions of subdivision nine of this section and\\nexcept further that any such vacancy on the board of education of the\\ncity school district of the city of Buffalo shall be filled pursuant to\\nthe provisions of subdivision ten of this section.\\n 7. If such vacancy occurs in such office in a district in which the\\nmembers of the board of education are appointed by the mayor, such\\nvacancy shall be filled by appointment by the mayor of such city for the\\nunexpired portion of such term, but in Buffalo such appointment shall be\\nsubject to confirmation by the council.\\n 8. A member of a board of education who publicly declares that he will\\nnot accept or serve in the office of member of such board of education,\\nor refuses or neglects to attend three successive meetings of such\\nboard, of which he is duly notified, without rendering a good and valid\\nexcuse therefor to the other members of such board of education, vacates\\nhis office by refusal to serve.\\n 9. (a) The members of the board of education of the city school\\ndistrict of the city of Rochester shall be elected by the qualified\\nvoters of such city as provided herein.\\n (b) The members of the board of education shall be elected at large\\nthroughout the city by the qualified voters at a general election.\\n (c) Such elections for such officers shall be governed by the\\nprovisions of the election law in the same manner as candidates for\\noffice generally to be elected by the voters of the city of Rochester;\\nprovided, however, that each such candidate shall be required to file\\npetitions containing at least one thousand signatures.\\n (d) No person shall be eligible for the office of members of such\\nboard of education who is not a qualified voter under section 5-102 of\\nthe election law of such city school district. No person shall hold at\\nthe same time the office of member of the board of education and any\\nother elective office nor shall he be a candidate for any other elective\\noffice at the same time he is a candidate for the office of member of\\nsuch board of education.\\n (e) The term of office of each member of such board shall be four\\nyears, commencing on the first day of January following his election.\\nThe candidates receiving a plurality of the votes cast respectively for\\nthe several offices shall be declared elected. Where more than one\\noffice is to be filled by such election and there is a variance in the\\nlength of the terms, the candidate receiving the largest number of votes\\nshall be entitled to the longest term and the candidates receiving the\\nnext highest number of votes shall be entitled, in decreasing order of\\nthe respective number of votes to the several offices, in decreasing\\norder of the length of such terms or unexpired portions of terms.\\nWhenever a vacancy shall occur or exist in the office of member of the\\nboard of education except by reason of expiration of term, such vacancy\\nshall be filled by the president of the board of education by\\nappointment of a nominee of the members of the board of education of the\\nsame political affiliation as the person who vacated the office and such\\nnominee shall be elected by the majority vote of the board of education;\\nif the board shall not have filled the vacancy within thirty days from\\nthe date the vacancy occurred, then the president of the board shall\\nfill the vacancy from the same political party as that of the person who\\nvacated the office. However, if the vacancy shall occur in the office of\\nmember of the board of education filled by an incumbent elected on a\\nnon-partisan or an independent basis, such vacancy shall be filled,\\nafter nomination by the president of the board of education, by majority\\nvote of the remaining members of the board of education. A person\\nappointed to fill a vacancy shall hold office to and including the\\nthirty-first day of December next succeeding the first general election\\nfollowing such vacancy, at which a successor must be elected for the\\nremainder of the unexpired term, if any.\\n (f) The members so elected to the board of education shall convene on\\nthe first business day in January of each year at the time of the\\ncommencement of their term of office and select from their members a\\npresident who shall serve for a term of one year or such other term, not\\nexceeding the term of his office, as may be fixed by the rules and\\nregulations of the board.\\n (g) The election of members of the board of education of the school\\ndistrict of Rochester shall take place at a general election to be held\\nin such city when an incumbent's term expires, and the first election\\nhereinunder shall take place in November of nineteen hundred eighty-one.\\nSuch election shall be conducted by the board of elections of the county\\nof Monroe in the same manner as general elections are conducted by it.\\nThe results of such elections, after canvassing, shall be certified and\\nreported by the board of elections to the board of education of such\\ncity. The clerk or other appropriate officer of the board of education\\nshall within twenty-four hours after the receipt of such certification\\nby the board of elections serve a written notice either personally or by\\nmail upon each person declared to be elected as a member of the board of\\neducation informing him of his election and the length of his term.\\n (h) Notwithstanding the provisions of any other law, the present\\nmembers of said board of education shall serve the full terms for which\\nthey were elected. Vacancies which may occur in the board shall be\\nfilled as provided herein, except, that the vacancies created by the\\nexpansion of the board of education from five to seven members, as\\nprovided herein, shall be filled at the next general election.\\n 10. a. The members of the board of education of the city school\\ndistrict of the city of Buffalo shall be elected by the qualified voters\\nof such city as provided herein.\\n b. The common council of the city of Buffalo shall within three months\\nof the operative date of this paragraph of this section of this act\\ndefine and publish by local law boundaries of each of six city school\\nsubdistricts which said subdistricts shall be contiguous and each of\\nwhich shall contain as nearly as possible the same number of\\ninhabitants. The boundaries of the said city school subdistricts may\\nthereafter be redefined by the board of education of the city school\\ndistrict of the city of Buffalo by resolution, after a public hearing\\nthereon, at intervals of not less than five years and such resolution\\nmust be passed at least eight months prior to the next election for\\nschool board member or members.\\n c. The members of the board of education of the city school district\\nof the city of Buffalo shall be elected as follows: one member from each\\nof such six city school subdistricts within such city by the qualified\\nvoters therein and three members of such board of education shall be\\nchosen by the qualified voters at large within such city.\\n d. (1) Such election for such office shall be governed by the\\nprovisions of the election law in the same manner as candidates for\\noffice generally to be elected by the voters of the city of Buffalo\\nexcept, as the case may be, as to the date of the election; and, further\\nprovided, however, that each such candidate for election as a member of\\nthe board of education from a city school subdistrict shall be required\\nto file a petition containing signatures of at least five hundred\\nregistered voters of such city school subdistrict in which he is a\\ncandidate and each candidate for election to the board of education by\\nthe voters at large shall be required to file a petition containing the\\nsignatures of at least one thousand registered voters of the city of\\nBuffalo.\\n (2) No petition shall contain any political party or independent body\\nname or label. Each petition shall contain the name of only one\\ncandidate and such petition shall be filed with the clerk of the board\\nof elections of the county of Erie not earlier than the fifth Tuesday\\nand not later than the fourth Tuesday preceding the date on which an\\nelection shall be held. A certificate of acceptance or declination of\\nany individual so nominated shall be filed not later than the third day\\nafter the fourth Tuesday preceding the election.\\n (3) For the election held in May, nineteen hundred seventy-four, such\\npetition shall be deemed to be timely filed for such election if filed\\nwith the clerk of the board of elections of Erie county on or before\\nApril ninth, nineteen hundred seventy-four. A petition sent by mail in\\nan envelope postmarked prior to midnight on April ninth, nineteen\\nhundred seventy-four, shall be deemed to be timely filed when received.\\nWritten objection to such petition shall be filed within two days after\\nthe date this act shall have become a law and specifications of the\\ngrounds of the objections shall be filed with the board within one day\\nafter the filing of the objection and institution of court proceedings\\nrelating thereto shall be commenced not later than May second, nineteen\\nhundred seventy-four.\\n e. No person shall hold at the same time the office of member of the\\nboard of education of the city of Buffalo and any other elective office\\nnor shall he be a candidate for any other elective office at the same\\ntime he is a candidate for the office of member of such board of\\neducation.\\n f. Petitions for the nomination of members of such school board shall\\nbe on white paper containing the required signatures of qualified voters\\nof the city of Buffalo. The sheets of such petition shall be numbered\\nconsecutively, beginning with number one, at the foot of each sheet.\\nSuch a petition must set forth in every instance the correct date of\\nsigning, the full name of the signer and his or her residence. A signer\\nneed only place his or her signature upon the petition, and need not\\nhimself or herself fill in the other required information.\\n g. Each sheet of such a petition shall be signed in ink and shall be\\nsubstantially in the following form:\\n I, the undersigned, do hereby state that I am a duly qualified voter\\nof the city of Buffalo, that my place of residence is truly stated\\nopposite my signature hereto, and I do hereby nominate the following\\nnamed person as a candidate for nomination (for the public office of\\nmember of the board of education of the city of Buffalo at\\nlarge..............day of...................., 20.....,) (for the city\\nschool subdistrict.............day of........, 20.....)\\n In witness whereof, I have hereunto set my hand the day and year\\nplaced opposite my signature.\\n Date Name of Signer Present Residence\\n .............. .................. ....................\\n .............. .................. ....................\\n .............. .................. ....................\\n The petition shall be authenticated by witnesses. Such statement shall\\nbe accepted for all purposes as the equivalent of an affidavit, and if\\nfalse shall subject the witness to the same penalties as if he or she\\nhad been duly sworn. The form of such statement shall be substantially\\nas follows:\\n STATEMENT OF WITNESS\\n I,...................., (name of witness), state: I am a duly\\nqualified voter of the state of New York, and now reside in the city,\\ntown or village of..............., in such state, at\\n........................(fill in street and house number and post office)\\ntherein. I know each of the voters whose names are subscribed to this\\npetition sheet containing (fill in number).............signatures and\\neach of them subscribed the same in my presence and upon so subscribing\\ndeclared to me that the foregoing statement, made and subscribed by him,\\nwas true.\\n .....................\\n Signature of witness\\nDate...........\\n h. The board of elections shall refuse to accept such petitions signed\\nby an insufficient number of qualified voters, or petitions which are\\nnot timely or petitions bearing a political party or independent body,\\nname or emblem or which contain the name of more than one candidate.\\n i. Except as it may be modified by the provisions of paragraph (d) and\\nparagraph (n) of this subdivision, the provisions of the election law\\nwith respect to acceptances by candidates nominated by independent\\nnominating petitions shall apply to candidates nominated by petitions\\nfor members of such board of education.\\n j. Objections to petitions for the nomination of members of such board\\nof education, procedures and remedies applicable to such objections\\nshall be the same as those applicable to independent nominating\\npetitions under the election law, except as it may be modified by the\\nprovisions of paragraph (d) and paragraph (n) of this subdivision.\\n k. The board of elections shall cause to be printed official ballots\\ncontaining the names of all candidates as above provided, except that\\nthe board may refuse to have the names of ineligible candidates placed\\non such ballots. The names of the candidates shall be arranged according\\nto lot, and shall not bear the designation of any political party or\\nindependent body, name or emblem. Blank spaces shall be provided so that\\nvoters may vote for candidates who have not been nominated for the\\noffices to be filled at such elections. The form of such ballots shall\\nconform substantially to the form of ballots used at general elections\\nas prescribed in the election law.\\n * l. Voting for the election of members of such board of education\\nshall be by voting machine, as provided in subdivision one of section\\ntwo thousand thirty-five of this chapter, and shall be governed by the\\napplicable provisions of the election law with respect to voting\\nmachines.\\n * NB Effective until December 31, 2015\\n * l. Voting for the election of members of such board of education\\nshall be by voting machine and shall be governed by the applicable\\nprovisions of the election law with respect to voting machines.\\n * NB Effective December 31, 2015\\n m. If a candidate, after a petition in his behalf shall have been duly\\nfiled with the clerk of the board of elections, and prior to the date of\\nthe election, shall decline to accept the nomination, die, remove from\\nthe school district, accept or be a candidate for another elective\\noffice, or become otherwise disqualified for such city school district\\noffice, a further petition may be filed with such clerk, nominating\\nanother candidate in his place and stead. Such further petition shall in\\nall respects comply with the provisions of paragraphs d, f and h of this\\nsubdivision, except that it may be filed at any time up to and including\\nthe fifteenth day preceding the date of the election pursuant to the\\nprovisions of this subdivision and the time within which to accept or\\nobject to such further petition shall be computed from the date of\\nfiling or said fifteenth day, whichever is earlier.\\n n. The term of office of each member of such board from a city school\\nsubdistrict shall be three years, and the term of office of each such\\nmember of the board elected at large shall be for five years. Of the\\ncandidates to be elected for membership on the board of education of the\\ncity school district of the city of Buffalo by the voters at large the\\nthree candidates receiving the largest number of votes cast in the city,\\nshall be declared elected as at-large members of such board of\\neducation. In each city school subdistrict the candidates seeking the\\nelection as the member of such board of education for such city school\\nsubdistrict receiving a plurality of votes in such city school\\nsubdistrict shall be declared elected to that position.\\n Whenever a vacancy shall occur or exist in the office of member of the\\nboard of education except by reason of expiration of term or increase in\\nthe number of members of such board, such vacancy shall be filled by a\\nmajority vote of the remaining members of the board of education within\\nthirty days of the date when such vacancy shall have occurred. If the\\nremaining members of the board of education shall fail to fill such\\nvacancy within such thirty day period, then the mayor of the city of\\nBuffalo shall within thirty days thereafter fill such vacancy subject to\\nthe confirmation of such appointment by the common council of the city\\nof Buffalo. No one shall be appointed to fill a vacancy of a subdistrict\\nmember of the board of education unless he fulfills all of the\\nqualifications in this subdivision to enable him to be a candidate for\\nthe office of a member of the board of education from the subdistrict\\ninvolved.\\n o. The members so elected to the board of education shall convene on\\nthe first business day in July of each year, at the time of the\\ncommencement of their term of office and select from their members a\\npresident who shall serve for a term of one year or such other term, not\\nexceeding the term of his office, as may be fixed by the rules and\\nregulations of the board.\\n p. The election of members of the board of education of the school\\ndistrict of the city of Buffalo shall take place on May seventh,\\nnineteen hundred seventy-four and on the first Tuesday in May thereafter\\nin each year in which an incumbent's term expires. Such election shall\\nbe conducted by the board of elections of the county of Erie in the same\\nmanner as other elections are conducted by it. Polls shall be open for\\nvoting for the hours prescribed by section 8-100 of the election law for\\nprimary elections. The results of such elections, after canvassing,\\nshall be certified and reported by the board of elections to the board\\nof education of such city. The clerk or other appropriate officer of the\\nboard of education shall within twenty-four hours after receipt of such\\ncertification by the board of elections serve a written notice either\\npersonally or by mail upon each person declared to be elected as a\\nmember of the board of education informing him of his election and the\\nlength of his term.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2554", "title" : "Powers and duties of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2016-04-08", "2016-07-01", "2017-04-21", "2017-07-07", "2017-08-18", "2018-04-27", "2019-04-19", "2019-05-03", "2019-08-09", "2019-09-13", "2020-04-17", "2021-04-23", "2022-04-15", "2022-07-08", "2023-05-12", "2024-05-03", "2024-05-31", "2026-06-05", "2026-06-19" ], "docLevelId" : "2554", "activeDate" : "2014-09-22", "sequenceNo" : 937, "repealedDate" : null, "fromSection" : "2554", "toSection" : "2554", "text" : " § 2554. Powers and duties of board of education. * Subject to the\\nprovisions of this chapter, the board of education in a city, except the\\ncity board of the city of New York, shall have the power and it shall be\\nits duty:\\n * NB Effective until June 30, 2015\\n * Subject to the provisions of this chapter, the board of education in\\na city shall have the power and it shall be its duty:\\n * NB Effective June 30, 2015\\n 1. To perform any duty imposed upon boards of education or trustees of\\ncommon schools under this chapter or other statutes, or the rules of the\\nregents and regulations of the commissioner of education so far as they\\nmay be applicable to the school or other educational affairs of a city,\\nand not inconsistent with the provisions of this article, except that\\nthe provisions of subdivision six of section sixteen hundred four and\\nsubdivision eight of section seventeen hundred nine of this chapter\\nshall not be applicable to a board of education in any city having a\\npopulation of over thirty-five thousand in which the title to the school\\nproperty is vested in the city.\\n 2. To create, abolish, maintain and consolidate such positions,\\ndivisions, boards or bureaus as, in its judgment, may be necessary for\\nthe proper and efficient administration of its work; to appoint a\\nsuperintendent of schools, such associate, assistant, district and other\\nsuperintendents, examiners, directors, supervisors, principals,\\nteachers, lecturers, special instructors, medical inspectors, nurses,\\nauditors, attendance officers, secretaries, clerks, custodians, janitors\\nand other employees and other persons or experts in educational, social\\nor recreational work or in the business management or direction of its\\naffairs as said board shall determine necessary for the efficient\\nmanagement of the schools and other educational, social, recreational\\nand business activities; provided, however, that in the city school\\ndistricts of the cities of Buffalo, Rochester, and Syracuse appointment\\nof associate, assistant and district superintendents, and other\\nsupervising staff who are excluded from the right to bargain\\ncollectively pursuant to article fourteen of the civil service law\\nshall, within the amounts budgeted for such positions, be by the\\nsuperintendent of such city school district; and to determine their\\nduties except as otherwise provided herein.\\n 2-a. a. In its discretion to adopt a resolution establishing the\\noffice of claims auditor and appoint a claims auditor who shall hold his\\nor her position subject to the pleasure of the board. In its discretion,\\nthe board may adopt a resolution establishing one or more offices of\\ndeputy claims auditor who shall act as claims auditor in the absence of\\nthe claims auditor. Such claims auditor shall report directly to the\\nboard of education. No person shall be eligible for appointment to the\\noffice of claims auditor or deputy claims auditor who shall be\\n (1) a member of the board of education;\\n (2) a clerk or treasurer of the board of education;\\n (3) the superintendent of schools or other official of the district\\nresponsible for business management;\\n (4) the person designated as purchasing agent; or\\n (5) clerical or professional personnel directly involved in accounting\\nand purchasing functions of the school district.\\n b. The positions of claims auditor or deputy claims auditor shall be\\nclassified in the exempt class of civil service. The board of education,\\nat any time after the establishment of the office of claims auditor or\\ndeputy claims auditor, may adopt a resolution abolishing the office.\\nWhen the office of claims auditor shall have been established and a\\nclaims auditor shall have been appointed and shall have qualified, the\\npowers and duties of the board of education with respect to auditing\\naccounts, charges, claims or demands against the city school district\\nshall devolve upon and thereafter be exercised by such claims auditor,\\nduring the continuance of the office. The board of education shall be\\npermitted to delegate the claims audit function to one or more\\nindependent entities by using (1) inter-municipal cooperative\\nagreements, or (2) independent contractors, to fulfill this function.\\n c. When the board of education delegates the claims audit function\\nusing an inter-municipal cooperative agreement, shared service\\nauthorized by section nineteen hundred fifty of this title, or an\\nindependent contractor, the board shall be responsible for auditing all\\nclaims for services from the entity providing the delegated claims\\nauditor, either directly or through a delegation to a different\\nindependent entity.\\n * 3. To appoint, in a city having a population of one million or more,\\nnotwithstanding the provisions of any local laws or charter to the\\ncontrary, a superintendent of schools emeritus, whose duty it shall be\\nto consult and advise with the educational officers as and when\\nrequested by the superintendent of schools. No person shall be eligible\\nfor such appointment unless he shall have served in the positions of\\nsuperintendent of schools, associate superintendent and district\\nsuperintendent or assistant superintendent, and whose total period of\\nservice in such position shall have been at least ten years in a city\\nhaving a population of one million or more. He shall receive for the\\nduration of his life such annual salary as the board of education and\\nthe mayor or like financial authority shall determine at the time of his\\nappointment, but he shall not receive a retirement allowance or any\\nother benefit from the teachers' retirement system or any other pension\\nfund, and upon his death his beneficiaries and/or his estate shall not\\nbe entitled to any benefits from any pension fund as a result of his\\nservice.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 4. To have the care, custody, control and safekeeping of all school\\nproperty or other property of the city used for educational, social or\\nrecreational work and not specifically placed by law under the control\\nof some other body or officer, and to prescribe rules and regulations\\nfor the preservation of such property.\\n * 5. To dispose, in the city of New York, of such personal property\\nused in the schools and other buildings of the city of New York under\\nthe charge of the board of education of such city as shall no longer be\\nrequired for use therein. Such disposition shall be made in the name of\\nthe city of New York and for such city.\\n Such board may sell, at prices as may be agreed upon, such\\nmanufactured articles or other products of any of its schools, day and\\nevening, as may not be utilized by the board of education and all moneys\\nrealized by the sale thereof shall be paid into the city treasury and\\nshall at once be appropriated by the city to a special fund to be\\nadministered by the board of education for such purposes as such board,\\nin its discretion, may determine. All other moneys realized by the sale\\nof personal property shall be paid into the city treasury and shall at\\nonce be appropriated by the city to the special school fund of the board\\nof education for use in the borough in which the property sold was\\nsituated.\\n Such method of disposal shall be deemed not to apply to the\\ndisposition of school books pursuant to subdivision eight of this\\nsection.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 6. To lease property required for the purpose of furnishing school\\naccommodations for schools administered by the board of education and to\\nprepare and execute leases therefor. To be eligible for aid pursuant to\\nsubdivision six of section thirty-six hundred two of this chapter, any\\nsuch lease shall be approved by the commissioner prior to execution; the\\nleased space shall meet requirements for access by individuals with\\ndisabilities to both facilities and programs, as defined in regulations\\nof the commissioner; the requirements set forth in paragraphs a, b, c, d\\nand f of subdivision one of section four hundred three-b of this chapter\\nshall be met, except for the requirement of voter approval; and the\\nleased space shall be used to house programs for pupils in grades\\nprekindergarten through twelve, other than programs funded pursuant to\\nsection forty-four hundred ten of this chapter, with minimal associated\\nadministrative and support services space as approved by the\\ncommissioner.\\n 7. To purchase and furnish such apparatus, maps, globes, books,\\nfurniture and other equipment and supplies as may be necessary for the\\nproper and efficient management of the schools and other educational,\\nsocial and recreational activities and interests under its management\\nand control. To provide textbooks or other supplies to all the children\\nattending the schools of such cities in which free textbooks or other\\nsupplies were lawfully provided prior to June eighth, nineteen hundred\\nseventeen.\\n * 7-a. To develop a plan to ensure that all instructional materials to\\nbe used in the schools of the district are available in a usable\\nalternative format for each student with a disability, as defined in\\nsection forty-four hundred one of this chapter, and for each student who\\nis a qualified individual with a disability as defined in the\\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701), as\\namended, in accordance with his or her educational needs and course\\nselection, at the same time as such instructional materials are\\navailable to non-disabled students. As part of such plan, the board of\\neducation shall amend its procurement policies to give a preference in\\nthe purchase of instructional materials to vendors who agree to provide\\nmaterials in alternative formats. For purposes of this subdivision,\\n\"alternative format\" shall mean any medium or format for the\\npresentation of instructional materials, other than a traditional print\\ntextbook, that is needed as an accommodation for a disabled student\\nenrolled in the school district, including but not limited to Braille,\\nlarge print, open and closed captioned, audio, or an electronic file in\\nan approved format, as defined in the regulations of the commissioner.\\nWhen an electronic file is provided, the plan shall specify how the\\nformat will be accessed by students and/or how the district shall\\nconvert to an accessible format. Such plan shall identify the needs of\\nstudents residing in the district for alternative format materials. Such\\nplan shall also specify ordering timelines to ensure that alternative\\nformat materials are available at the same time as regular format\\nmaterials. Such plans shall include procedures to address the need to\\nobtain materials in alternative format without delay for disabled\\nstudents who move into the school district during the school year.\\n * NB Effective until June 30, 2015\\n * 7-a. To develop a plan to ensure that all instructional materials to\\nbe used in the schools of the district are available in a usable\\nalternative format for each student with a disability, as defined in\\nsection forty-four hundred one of this chapter, and for each student who\\nis a qualified individual with a disability as defined in the\\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\\namended, in accordance with his or her educational needs and course\\nselection, at the same time as such instructional materials are\\navailable to non-disabled students; provided that in the city school\\ndistrict of the city of New York, such plan shall be developed by the\\nchancellor of the city district. As part of such plan, the board of\\neducation shall amend its procurement policies to give a preference in\\nthe purchase of instructional materials to vendors who agree to provide\\nmaterials in alternative formats. For purposes of this subdivision,\\n\"alternative format\" shall mean any medium or format for the\\npresentation of instructional materials, other than a traditional print\\ntextbook, that is needed as an accommodation for a disabled student\\nenrolled in the school district, including but not limited to Braille,\\nlarge print, open and closed captioned, audio, or an electronic file in\\nan approved format, as defined in the regulations of the commissioner.\\nWhen an electronic file is provided, the plan shall specify how the\\nformat will be accessed by students and/or how the district shall\\nconvert to an accessible format. Such plan shall identify the needs of\\nstudents residing in the district for alternative format materials. Such\\nplan shall also specify ordering timelines to ensure that alternative\\nformat materials are available at the same time as regular format\\nmaterials. Such plans shall include procedures to address the need to\\nobtain materials in alternative format without delay for disabled\\nstudents who move into the school district during the school year.\\n * NB Effective June 30, 2015\\n * 8. To dispose of, in the city of New York, to the best advantage of\\nthe city of New York, either by sale or on the basis of money allowance\\nfor waste paper all books delivered to the several public schools of\\nsuch city that have been discarded either by reason of being obsolete,\\nno longer required by the course of study, worn by long usage or\\nmutilated by accident. If disposal is made by sale it shall be to the\\nhighest bidder and the money realized shall be paid into the city\\ntreasury and shall at once be appropriated by the city to the special\\nschool fund of the board of education entitled \"supplies\". If disposal\\nis made on the basis of money allowance for waste paper, it shall be to\\nthe highest bidder. Such discarded books may be disposed of without\\npublic advertisement or entry into a formal contract. Should the\\ndiscarded books be in such condition that no sale or exchange can be\\nmade, or should there be reason to believe that such discarded books\\nhave become infected through disease among the pupils, or should the\\nsuperintendent of schools certify that such discarded books contain\\nerroneous, inaccurate, obsolete or antiquated subject matter,\\nillustrations, maps, charts or other material, the committee on supplies\\nof the board of education, if such books cannot be sold, given away or\\notherwise salvaged as waste paper without danger to the public health,\\nmay authorize their destruction by fire, in which event the\\nsuperintendent of school supplies shall obtain and file in his office a\\ncertificate that such books have been so destroyed, signed by the\\nprincipal of the school in which the books are located.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 9. To establish and maintain such free elementary schools, high\\nschools, training schools, vocational and industrial schools,\\nkindergartens, nursery schools, technical schools, night schools,\\npart-time or continuation schools, vocation schools, schools for adults,\\nschools for physically or mentally handicapped or delinquent children or\\nsuch other schools or classes as such board shall deem necessary to meet\\nthe needs and demands of the city.\\n 10. To establish and maintain libraries which may be open to the\\npublic, to organize and maintain public lecture courses, and to\\nestablish and equip playgrounds, recreation centers, social centers, and\\nreading rooms from such funds as the education law or other statutes\\nauthorize and the state appropriates for such purposes, and from such\\nother funds as may be provided therefor from local taxation or other\\nsources.\\n 11. To authorize the general courses of study which shall be given in\\nthe schools and to approve the content of such courses before they\\nbecome operative.\\n 12. To authorize and determine the textbooks to be used in the schools\\nunder its jurisdiction.\\n 13. a. To prescribe such regulations and by-laws as may be necessary\\nto make effectual the provisions of this chapter and for the conduct of\\nthe proceedings of said board and the transaction of its business\\naffairs, for the general management, operation, control, maintenance and\\ndiscipline of the schools, and of all other educational, social or\\nrecreational activities and other interests under its charge or\\ndirection.\\n * b. In a city having a population of one million or more, the city\\nboard shall prescribe such regulations and by-laws authorizing the\\nchancellor to exercise such of its administrative and ministerial powers\\nas the board may deem necessary to make effectual the provisions of this\\nchapter and for the general management, operation, control, maintenance\\nand discipline of schools, and of all other educational, social or\\nrecreational activities and other interests under its charge or\\ndirection. If in the exercise of its discretion and in order better to\\ndischarge its policy-making and other functions and to provide for the\\nefficient administration of the educational system, the board delegates\\nany of its administrative and ministerial powers to the chancellor, such\\nchancellor shall exercise such delegated powers in the same manner and\\nwith the same force and effect as if such powers were given to him under\\nthe provisions of the education law.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n * 14. To provide in the schools administered by the board of education\\nof the city of New York, the proper book or books, in form as required\\nby the by-laws of the board of education of such city, in which it shall\\ncause the class teachers under the direction and supervision of the\\nprincipal to enter the names, ages and residences of the pupils\\nattending the school, the name of the parent or guardian of each pupil\\nand the days on which the pupils shall have attended respectively, and\\nthe aggregate attendance of each pupil during the year, and also the day\\nupon which the school shall have been visited by the superintendent of\\nschools or by an associate superintendent of schools or by an assistant\\nsuperintendent, or by members of the board of education, or by members\\nof the local school board, or by any of them, which entry shall be\\nverified by such oath or affirmation of the principal as may be\\nprescribed by the board of education of such city. Such books shall be\\npreserved as the property of such board of education and shall at all\\ntimes be open to inspection by members of such board of education, by\\nmembers of the local school boards and by the superintendent of schools,\\nor by any associate superintendent of schools, or by the assistant\\nsuperintendents.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 15. a. To perform such other duties and possess such other powers as\\nmay be required to administer the affairs placed under its control and\\nmanagement, to execute all powers vested in it, and to promote the best\\ninterests of the schools and other activities committed to its care, and\\nto authorize, or in its discretion to conduct, and maintain such extra\\nclassroom activities, including the operation of cafeterias or\\nrestaurant service for pupils and teachers, as the board, from time to\\ntime, shall deem proper. Such cafeterias or restaurant service may be\\nused by the community for school related functions and activities and to\\nfurnish meals to the elderly residents, sixty years of age or older, of\\nthe district. Such utilization shall be subject to the approval of the\\nboard of education. Charges shall be sufficient to meet the direct cost\\nof preparing and serving such meals, reducible by available\\nreimbursements.\\n * b. In a city having a population of one million or more, the board\\nof education shall make rules and regulations for the conduct, operation\\nand maintenance of extra classroom activities and for the safeguarding,\\naccounting and audit of all moneys received and derived therefrom. In\\nthe case of any extra classroom activity as it shall deem proper, and\\nnotwithstanding the provisions of section twenty-five hundred thirty of\\nthis chapter, it may direct that the moneys received or derived from the\\nconduct, operation or maintenance of such an extra classroom activity be\\ndeposited with the auditor of the board of education, who in such event\\nshall be the treasurer of such an extra classroom activity, the moneys\\nof which are required to be so deposited. In the procurement of articles\\nand services for the conduct, operation and maintenance of a cafeteria\\nor restaurant service, the board of education shall be subject to the\\nprovisions of subdivision ten of section twenty-five hundred six of this\\nchapter, except that said board of education need not have duly\\nadvertised for estimates in order to contract for such articles or\\nservices in an amount exceeding one thousand dollars. In such a city,\\nthe board of education shall also have power to assign any of its\\nofficers or employees to perform such duties as it may prescribe in\\nconnection with an extra classroom activity and to designate such of its\\nofficers and employees when so assigned from whom a bond shall be\\nrequired for faithful performance of their duties and to fix the sum in\\nwhich each such bond shall be given.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n c. For the purposes of this section, a general organization of\\nstudents of a school conducted under the rules and regulations of the\\nboard of education or with its approval, and engaged in extra classroom\\nactivities other than the operation of a cafeteria or restaurant service\\nshall be known as a student organization. Unless such student\\norganization is required by the board of education to deposit with the\\nauditor the moneys received or derived from carrying on such extra\\nclassroom activity, such moneys shall be subject to the use and\\ndisposition of such student organization under the rules and regulations\\nprescribed by the board of education.\\n * d. The board of education in a city having a population of one\\nmillion or more shall inquire into the origin of all moneys or other\\nproperty in the possession of any student organization, on March\\ntwenty-third, nineteen hundred thirty-six, and all such moneys which the\\nboard of education may find to have been derived from the operation of a\\ncafeteria or restaurant service, it may require to be deposited with the\\nauditor of the board of education and applied to the conduct and\\noperation of a cafeteria or restaurant service, or other extra classroom\\nactivity, in such manner and to such extent as the board of education\\nmay direct.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n * (e) In order to facilitate operation of the school lunch programs\\nadministered by the board of education of the city of New York, better\\nto serve the public interest, all persons employed in a cafeteria or\\nlunchroom in any high school under the jurisdiction of this board for\\none year prior to the date this section takes effect, shall, because of\\ntheir special training, experience and efficiency, and, notwithstanding\\nany provisions to the contrary in any general, special or local law, be\\ncontinued in the employment of this board without competitive\\nexamination, provided the necessary funds for such continued employment\\nare appropriated by the board. The positions so held by such employees\\nshall be in the noncompetitive class. The New York city civil service\\ncommission, however, after notice to any such employee of the reasons\\ntherefore, and after according such employee a hearing, may exclude him\\nfrom further employment if found by the commission not to be a person of\\nsatisfactorily good character. Not later than one year after this\\nsection shall take effect, the commission shall determine for which of\\nsuch positions competitive examinations shall have become feasible, and\\nshall thereupon reclassify the various positions, with the approval of\\nthe mayor and the state civil service commission. The then incumbents of\\nsuch positions shall continue to hold their positions without further\\nexamination, provided, however, that all subsequent appointments to such\\npositions shall be made in accordance with the civil service law and\\nrules.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 16. To compensate, in its discretion, teachers and other employees for\\nloss of personal property but shall provide workmen's compensation\\ncoverage as provided in the workmen's compensation law for all teachers\\nand other employees for injuries incurred in actual performance of duty\\nand with respect to teachers and other employees for whom such workmen's\\ncompensation coverage is not required in cities of one million or more\\npopulation, to provide in its discretion for reasonable medical and\\nhospital expenses for injuries incurred in actual performance of duty on\\nor after July first, nineteen hundred sixty-two.\\n 16-a. In its discretion, to provide under a group insurance policy or\\npolicies issued by any insurance company or insurance companies\\nauthorized to do business in this state or under a group contract issued\\nby one or more corporations subject to article forty-three of the\\ninsurance law, life insurance or accident and health insurance benefits\\nor medical and surgical benefits or hospital service benefits or any two\\nor more of such kinds of benefits to teachers and other employees of the\\nschool district who participate in a plan or plans, as hereinafter\\nprovided. The disbursing officer of the school district is authorized to\\ndeduct from the salary of such participant with his prior consent, in\\nwriting, the sums representing the participant's share of the premium or\\npremiums which are payable by such officer to such insurance company or\\ncorporation. Such board of education is authorized to pay from such\\nmoneys as are available for the purpose, a share of the cost of such\\nbenefit or benefits in such amount as is required to be paid under such\\ngroup insurance policy or policies or group contract or contracts by the\\nboard of education, as employer. The sum to be paid by the board of\\neducation under such policy or policies or contract or contracts, in the\\ndiscretion of such board may be any percentage of the total cost of the\\nbenefit or benefits including the whole thereof.\\n Notwithstanding any provisions of this chapter, subdivision\\nthirty-one-a of section one thousand six hundred four, subdivision\\nthirty-four-a of section one thousand seven hundred nine and subdivision\\nten-a of section two thousand five hundred three of the education law\\nand this subdivision shall not apply to a city having a population of\\none million or more inhabitants.\\n 16-b. In its discretion, to purchase insurance against personal\\ninjuries incurred by an authorized participant in a school volunteer\\nprogram, including but not limited to, those authorized participants who\\nassist on school buses, school sponsored transportation to and from\\nschool, or on school sponsored field trips or any other school sponsored\\nactivity; provided, however, that the injuries were incurred while the\\nauthorized participant was functioning either within the scope of his or\\nher authorized volunteer duties or under the direction of the board of\\neducation, trustee, or board of cooperative educational services, or\\nboth.\\n * 17. To maintain, in the city of New York, through such\\nrepresentatives as it may designate, an effective visitation and\\ninspection of all schools and classes maintained in institutions\\ncontrolled by the department of correction of the city of New York.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 18. To provide transportation, home-teaching or special classes, as\\ndefined under sections forty-four hundred one and forty-four hundred two\\nof this chapter for physically or mentally handicapped and delinquent\\nchildren. Such transportation, home-teaching or special classes, when\\nprovided pursuant to this subdivision, shall be granted to all such\\nchildren irrespective of the school they legally attend.\\n 19. To provide by contract for the transportation of children to and\\nfrom any school or institution of learning whenever in its judgment such\\ntransportation is required because of the remoteness of the school to\\nthe pupil or for the promotion of the best interests of such children.\\nAny such contract may be made for a period not exceeding five years,\\nnotwithstanding any provision of any charter or other provision of law\\ninconsistent herewith.\\n * 19-a. In its discretion, to lease a motor vehicle or vehicles for\\nthe transportation of children of the district under the same terms and\\nconditions as the board of education of a union free school district,\\nprovided, however that no voter approval shall be required.\\n * NB Repealed September 1, 2015\\n 19-b. To establish a minority scholarship recruitment program by the\\nboard of education of the city of Buffalo.\\n 20. To provide, outside the territorial limits of the city school\\ndistrict but within the state or within an adjoining state, for the\\neducation of children resident within the city school district whenever\\nin the judgment of the board of education, approved by the commissioner\\nof education, the health or welfare of such children makes such\\nprovision necessary or desirable, and the average daily attendance of\\nsuch pupils shall be included in the average daily attendance of such\\ndistrict as certified to the commissioner in the report of the board of\\neducation.\\n * 21. To assign, in its discretion, one or more employees of the board\\nin a city having a population of one million or more to serve as trial\\nexaminer with power to conduct investigations and hearings on behalf of\\nsuch board. Each trial examiner shall report the result of any such\\ninvestigation or hearing to the board.\\n * NB Repealed July 1, 2002 and revived on June 30, 2015\\n 22. To provide, in its discretion, compensation to a speaker or\\nspeakers at commencement day exercises in such amount as may be\\ndetermined by the board.\\n 23. In its discretion, and with the written consent of any employee,\\nto deduct from the salary of such employee such amount as may be agreed\\nto by such employee for payment to any credit union doing business in\\nthe state of New York as such employee may designate. Any such written\\nauthorization may be withdrawn by such employee at any time.\\n * 24. Each year, the board of education shall prepare a school\\ndistrict report card, pursuant to regulations of the commissioner, and\\nshall make it publicly available by transmitting it to local newspapers\\nof general circulation, appending it to copies of the proposed budget\\nmade publicly available as required by law, making it available for\\ndistribution at the annual meeting, and otherwise disseminating it as\\nrequired by the commissioner. Such report card shall include measures of\\nthe academic performances of the school district, on a school by school\\nbasis, and measures of the fiscal performance of the district, as\\nprescribed by the commissioner. Pursuant to regulations of the\\ncommissioner the report card shall also compare these measures to\\nstatewide averages for all public schools, and statewide averages for\\npublic schools of comparable wealth and need, developed by the\\ncommissioner. Such report card shall include, at a minimum, any\\ninformation on the school district regarding pupil performance and\\nexpenditure per pupil required to be included in the annual report by\\nthe regents to the governor and the legislature pursuant to section two\\nhundred fifteen-a of this chapter; and any other information required by\\nthe commissioner. School districts (i) identified as having fifteen\\npercent or more of their students in special education, or (ii) which\\nhave fifty percent or more of their students with disabilities in\\nspecial education programs or services sixty percent or more of the\\nschool day in a general education building, or (iii) which have eight\\npercent or more of their students with disabilities in special education\\nprograms in public or private separate educational settings shall\\nindicate on their school district report card their respective\\npercentages as defined in this paragraph and paragraphs (i) and (ii) of\\nthis subdivision as compared to the statewide average.\\n * NB Effective until June 30, 2015\\n * 24. In every city school district in a city having a population of\\nless than one million inhabitants, each year, the board of education\\nshall prepare a school district report card, pursuant to regulations of\\nthe commissioner, and shall make it publicly available by transmitting\\nit to local newspapers of general circulation, appending it to copies of\\nthe proposed budget made publicly available as required by law, making\\nit available for distribution at the annual meeting, and otherwise\\ndisseminating it as required by the commissioner. Such report card shall\\ninclude measures of the academic performances of the school district, on\\na school by school basis, and measures of the fiscal performance of the\\ndistrict, as prescribed by the commissioner. Pursuant to regulations of\\nthe commissioner the report card shall also compare these measures to\\nstatewide averages for all public schools, and statewide averages for\\npublic schools of comparable wealth and need, developed by the\\ncommissioner. Such report card shall include, at a minimum, any\\ninformation on the school district regarding pupil performance and\\nexpenditure per pupil required to be included in the annual report by\\nthe regents to the governor and the legislature pursuant to section two\\nhundred fifteen-a of this chapter; and any other information required by\\nthe commissioner. School districts (i) identified as having fifteen\\npercent or more of their students in special education, or (ii) which\\nhave fifty percent or more of their students with disabilities in\\nspecial education programs or services sixty percent or more of the\\nschool day in a general education building, or (iii) which have eight\\npercent or more of their students with disabilities in special education\\nprograms in public or private separate educational settings shall\\nindicate on their school district report card their respective\\npercentages as defined in this paragraph and paragraphs (i) and (ii) of\\nthis subdivision as compared to the statewide average.\\n * NB Effective June 30, 2015\\n * 25. a. Shall require, for purposes of a criminal history record\\ncheck, the fingerprinting of all prospective employees pursuant to\\nsection three thousand thirty-five of this chapter, who do not hold\\nvalid clearance pursuant to such section or pursuant to section three\\nthousand four-b of this chapter or section five hundred nine-cc or\\ntwelve hundred twenty-nine-d of the vehicle and traffic law. Prior to\\ninitiating the fingerprinting process, the prospective employer shall\\nfurnish the applicant with the form described in paragraph (c) of\\nsubdivision thirty of section three hundred five of this chapter and\\nshall obtain the applicant's consent to the criminal history records\\nsearch. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the commissioner for purposes of\\nclearance for employment.\\n b. Upon the recommendation of the superintendent, the board may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance shall be forwarded to the commissioner along with the\\nprospective employee's fingerprints, as required by paragraph a of this\\nsubdivision. Such appointment shall not commence until notification by\\nthe commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted, the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n c. Upon the recommendation of the superintendent, the board may make\\nan emergency conditional appointment when an unforeseen emergency\\nvacancy has occurred. When such appointment is made, the process for\\nconditional appointment pursuant to paragraph b of this subdivision must\\nalso be initiated. Emergency conditional appointment may commence prior\\nto notification from the commissioner on conditional clearance but shall\\nterminate twenty business days from the date such appointment commences\\nor when the prospective employer is notified by the commissioner\\nregarding conditional clearance, whichever occurs earlier, provided that\\nif conditional clearance is granted, the appointment shall continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (ii) when no other qualified person\\nis available to fill the vacancy temporarily; and (iii) when emergency\\nconditional appointment is necessary to maintain services which the\\ndistrict is legally required to provide or services necessary to protect\\nthe health, education or safety of students or staff. The provisions of\\nsubparagraph (i) of this paragraph shall not apply if the board finds\\nthat the district has been unable to fill the vacancy despite good faith\\nefforts to fill such vacancy in a manner which would have allowed\\nsufficient time for clearance or conditional clearance.\\n d. Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * 25. Shall require, for purposes of a criminal history record check,\\nthe fingerprinting of all prospective employees pursuant to section\\nthree thousand thirty-five of this chapter, who do not hold valid\\nclearance pursuant to such section or pursuant to section three thousand\\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history records search. Every set of\\nfingerprints taken pursuant to this subdivision shall be promptly\\nsubmitted to the commissioner for purposes of clearance for employment.\\n * NB Effective July 1, 2015 until June 30, 2015\\n * 25. Shall require, for purposes of a criminal history record check,\\nexcept in the city school district of the city of New York, the\\nfingerprinting of all prospective employees pursuant to section three\\nthousand thirty-five of this chapter, who do not hold valid clearance\\npursuant to such section or pursuant to section three thousand four-b of\\nthis chapter or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history records search. Every set of\\nfingerprints taken pursuant to this subdivision shall be promptly\\nsubmitted to the commissioner for purposes of clearance for employment.\\n * NB Effective June 30, 2015\\n * 26. Shall, upon commencement and termination of employment of an\\nemployee by the city school district, provide the commissioner with the\\nname of and position held by such employee.\\n * NB Effective until June 30, 2015\\n * 26. Shall, except in the city school district of the city of New\\nYork, upon commencement and termination of employment of an employee by\\nthe city school district, provide the commissioner with the name of and\\nposition held by such employee.\\n * NB Effective June 30, 2015\\n 27. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2554-A", "title" : "Powers of boards of education to ban fraternities, sororities and other secret societies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2554-A", "activeDate" : "2014-09-22", "sequenceNo" : 938, "repealedDate" : null, "fromSection" : "2554-A", "toSection" : "2554-A", "text" : " § 2554-a. Powers of boards of education to ban fraternities,\\nsororities and other secret societies. 1. In its discretion, the board\\nof education of each school district, may adopt rules and regulations to\\nabolish and/or prohibit any fraternity, sorority or other secret society\\nin any secondary school under its jurisdiction.\\n 2. Prior to the adoption and promulgation of a rule or regulation in\\naccordance with the provisions of subdivision one of this section by any\\nboard of education of a school district, the board of education of the\\nschool district must find that the fraternity, sorority or secret\\nsociety group has by virtue of its activities caused or created a\\ndisruption of or interference with the academic processes of any\\nsecondary school within its jurisdiction or caused or created any\\ninterference with or disruption of the academic progress of any\\nindividual student or students in any secondary school within its\\njurisdiction.\\n 3. For the purposes of this chapter a fraternity, sorority or secret\\nsociety shall mean any organization composed wholly or in part of pupils\\nenrolled in public secondary schools which exists or seeks to perpetuate\\nitself by taking in additional members from the pupils enrolled in such\\nschools on the decision of the membership rather than upon the free\\nchoice of any pupil in such school but shall not be construed to include\\norganizations institutionally sponsored by agencies of public welfare,\\nthe Boy Scouts of America, the Girl Scouts of America, the Campfire\\nGirls, Young Men's Christian Association, Young Women's Christian\\nAssociation, Young Men's Hebrew Association, Young Women's Hebrew\\nAssociation, Catholic Youth Organization, Kiwanis International, Hi-Y or\\nother similar organizations without limitation to the foregoing.\\n 4. Upon and after the adoption and promulgation of a rule or\\nregulation in accordance with the provisions of subdivision one of this\\nsection by the board of education of any such school district, such\\nboard of education may in any secondary school under its jurisdiction\\ndiscipline any pupil who shall promise to join, or shall become a member\\nof, or shall remain a member of, or shall solicit other persons to join\\nany such fraternity, sorority or secret society.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2554-B", "title" : "Special provisions relating to the city school district of the city of New York during emergency period", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2554-B", "activeDate" : "2014-09-22", "sequenceNo" : 939, "repealedDate" : null, "fromSection" : "2554-B", "toSection" : "2554-B", "text" : " § 2554-b. Special provisions relating to the city school district of\\nthe city of New York during emergency period. 1. As used in this\\nsection, the term \"emergency period\" shall mean the period from the\\neffective date of this section to the first day of July, nineteen\\nhundred sixty-two.\\n 2. In order to place the educational affairs of the city school\\ndistrict of the city of New York under the closer supervision of the\\nregents and the commissioner during the emergency period, the board of\\neducation of such district shall submit to the regents and the\\ncommissioner and to the mayor of the city of New York on the first day\\nof January and April, nineteen hundred sixty-two, an interim progress\\nreport in such form and detail as the commissioner shall prescribe and\\non the first day of July, nineteen hundred sixty-two, a final report in\\nsuch form and detail as the commissioner shall prescribe as to:\\n a. the corrective action taken in the emergency period and planned by\\nthe board of education with respect to the administration of the program\\nfor new school building construction;\\n b. the corrective action taken in the emergency period and planned by\\nthe board of education with respect to the repair and maintenance of\\nexisting school buildings and other structures under the control of the\\nschool district;\\n c. the disciplinary action taken in the emergency period with respect\\nto employees guilty of accepting gratuities in relation to the\\nperformance of their duties, and the corrective action taken by the\\nboard of education to prevent recurrences of such misconduct;\\n d. the corrective action taken in the emergency period and planned by\\nthe board of education with respect to administrative reform and the\\ndevelopment of a program for the division of responsibility between the\\nboard and the superintendent of schools and the administrative staff for\\nthe more efficient and effective management of the district;\\n e. the plans developed and action taken in the emergency period by the\\nboard of education for the revitalization of local school boards and for\\nincreased participation of residents throughout the city of New York in\\nthe affairs of their local neighborhood schools;\\n f. the plans developed and action taken in the emergency period by the\\nboard of education to establish a long-range program and the necessary\\nstaff organization for better informed and coordinated planning of new\\nschool construction and the modernization of existing structures; and\\n g. the steps taken in the emergency period by the board of education\\nto evaluate and to improve the quality of instruction in the schools.\\n 3. During the emergency period, the board of education of the city\\nschool district of the city of New York shall have, specifically, the\\npower:\\n a. To undertake any studies, inquiries, surveys or analyses it may\\ndeem relevant through the personnel of the district or in cooperation\\nwith or by agreement with any other public or private agency;\\n b. To employ and at pleasure remove educational, engineering,\\narchitectural, legal or management consultants and such other assistants\\nas it may deem necessary for the performance of its functions and fix\\ntheir compensation within the amounts made available by appropriation\\ntherefor;\\n c. Notwithstanding the provisions of subdivision one of section\\ntwenty-five hundred sixty-five of this chapter, to remove at its\\npleasure by a vote of a majority of all its members, the superintendent,\\nany deputy superintendent or any associate superintendent of schools of\\nthe district irrespective of the date of their appointments, provided,\\nhowever, that the board may enter into a contract with the\\nsuperintendent of schools for a period of not less than three and not\\nmore than five years; and\\n d. To authorize the superintendent of schools and the administrative\\nstaff of the district by by-law, rule, regulation or resolution to\\nexercise on its behalf such of its administrative and ministerial powers\\nand duties with respect to the administration of the city school\\ndistrict, the purchase, repair, remodeling, improvement or enlargement\\nof school buildings or other buildings or sites and the construction of\\nnew buildings as the board deems necessary or desirable for the more\\nefficient administration of the district or for the more expeditious\\ncompletion of school construction, maintenance or repairs, provided,\\nhowever, that the board shall not authorize the superintendent of\\nschools and the administrative staff to exercise any powers and duties\\nrelating to its investigative or judicial functions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2554-C", "title" : "Identification photos of senior high school, junior high school or intermediate school students in the city school district of the city o...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2554-C", "activeDate" : "2014-09-22", "sequenceNo" : 940, "repealedDate" : null, "fromSection" : "2554-C", "toSection" : "2554-C", "text" : " § 2554-c. Identification photos of senior high school, junior high\\nschool or intermediate school students in the city school district of\\nthe city of New York. Upon the recommendation of the principal of a\\nsenior high school, junior high school or intermediate school and\\nsubject to the approval of the community superintendent for junior high\\nschools or intermediate schools and chancellor for senior high schools,\\nstudents enrolled in a senior high school, junior high school or\\nintermediate school may be required to be photographed for purposes of\\nidentification. The principal of such school may designate the\\nphotographer to be used, but the student may not be charged for the cost\\nof such photograph. If required by the principal, such photograph shall\\nbe taken within three months after the student's admission to such\\nschool. Such photograph shall be kept within the school at a place\\ndesignated by the principal. At the discretion of the principal, and\\nsubject to the approval of the community superintendent for junior high\\nschools or intermediate schools and chancellor for senior high schools,\\nan identification card bearing a photograph of each student may also be\\nrequired to be kept on the person of such student during hours when the\\nstudent is attending such school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2555", "title" : "Kindergartens, nursery and night schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2555", "activeDate" : "2014-09-22", "sequenceNo" : 941, "repealedDate" : null, "fromSection" : "2555", "toSection" : "2555", "text" : " § 2555. Kindergartens, nursery and night schools. 1. The board of\\neducation of each city may maintain kindergartens which shall be free to\\nresident children between the ages of four and six years, provided,\\nhowever, such board may fix a higher minimum age for admission to such\\nkindergartens.\\n 2. A board of education may maintain nursery schools which shall be\\nfree to resident children and may fix the age for admission.\\n 3. Night schools, which shall be free to all persons residing in the\\ncity, and wherein the common branches and such additional subjects as\\nmay be adapted to students applying for instruction are taught on at\\nleast two nights each week, for two hours each night, shall be\\nmaintained by the board of education on at least one hundred nights.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2556", "title" : "Buildings, sites, et cetera", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-06-19", "2017-04-21", "2017-08-18", "2024-12-27" ], "docLevelId" : "2556", "activeDate" : "2014-09-22", "sequenceNo" : 942, "repealedDate" : null, "fromSection" : "2556", "toSection" : "2556", "text" : " § 2556. Buildings, sites, et cetera. 1. A board of education is\\nauthorized and it shall have power to purchase, repair, remodel, improve\\nor enlarge school buildings or other buildings or sites, and to\\nconstruct new buildings, subject to such limitations and restrictions\\nand exceptions as are herein provided.\\n 2. Whenever in the judgment of a board of education it is necessary to\\nselect a new site, or to enlarge a present site, or to designate a\\nplayground or recreation center, or to acquire title to or lease real\\nproperty for other educational purposes authorized by this chapter, such\\nboard may take options on property desirable for such purposes but\\nbefore taking title thereto shall pass a resolution stating the\\nnecessity therefor, describing by metes and bounds the grounds or\\nterritory desired for each of such purposes, and estimating the amount\\nof funds necessary therefor. An item for such amount, if funds are not\\navailable for the purchase or lease of such property, may be included in\\nthe next annual budget, if not included in a special budget as herein\\nprovided.\\n 3. Whenever in the judgment of a board of education the needs of the\\ncity require a new building for school purposes or for recreation or\\nother educational purposes authorized by this chapter, or when in its\\njudgment a building should be remodelled or enlarged, such board shall\\npass a resolution specifying in detail the necessity therefor and\\nestimating the amount of funds necessary for such purpose. An item for\\nsuch amount, if funds are not available for the construction of such\\nbuilding, may be included in the next annual budget, if not included in\\na special budget as herein provided.\\n 4. No site shall be designated except upon a majority vote of a board\\nof education and no building shall be constructed, remodelled or\\nenlarged until the plans and specifications therefor are approved by the\\nboard of education.\\n 5. It shall be unlawful for a schoolhouse to be constructed in the\\ncity of New York without an open-air playground attached to or used in\\nconnection with the same.\\n 6. After a site has been selected and plans and specifications for a\\nbuilding thereon have been approved as provided herein, a board of\\neducation in a city having a population of more than four hundred\\nthousand but less than one million may, in its discretion, by regulation\\ndeliver such plans and specifications to the common council or other\\nlocal legislative body which may thereupon, in its discretion, award a\\ncontract for the erection of such building in the same manner and in\\naccordance with the provisions of law regulating the awarding of\\ncontracts for the construction of municipal buildings of such city.\\n 7. a. The board of education of the city of New York, with the\\npermission of the department of parks and of the board of estimate, may\\nconstruct schoolhouses and school playgrounds upon a portion of the\\npublic parks in the district east of the Bowery and Catharine street and\\nsouth of Fourth street in such city.\\n b. The board of education of the city of New York, with the permission\\nof the department of parks and recreation and of the board of estimate,\\nmay construct a temporary schoolhouse upon a portion of a public park in\\nthe borough of Queens, commonly referred to as Equity Park.\\nNotwithstanding any inconsistent provision of subdivision nine of this\\nsection, such park land shall revert to the control and management of\\nthe department of parks and recreation seven years after the date of the\\ncompletion of the construction of such temporary schoolhouse without\\nfurther action of the board of education or of the board of estimate.\\n 8. In a city having a population of one hundred twenty-five thousand\\nor more and less than two hundred fifty thousand in which the common\\ncouncil, the board of estimate and apportionment and the board of\\ncontract and supply and the commissioner of public works or other city\\nofficials, or any one or more thereof, had the authority under the law\\nin force prior to June eighth, nineteen hundred seventeen, to erect,\\nremodel, improve, or enlarge school buildings or to purchase supplies or\\nreal property for any school purpose, such officers, board or boards\\nshall continue to possess such powers and duties and to perform such\\nfunctions.\\n 9. When the real property of a city under the control and management\\nof the board of education is no longer needed for educational purposes\\nin the city, such board shall notify the common council of such fact and\\nin a city having no common council, the council or other legislative\\nbody or the commissioners of the sinking fund, and such common council\\nor such council or body or such commissioners of the sinking fund, as\\nthe case may be, may then sell or dispose of such property in the manner\\nin which other real property owned by the city may be sold or disposed\\nof and the proceeds thereof shall be credited to the funds under the\\ncontrol and administration of the board of education in such city,\\nexcept that in a city where the proceeds of such sales were required by\\nstatute, in effect prior to June eighth, nineteen hundred seventeen, to\\nbe paid to the credit of the sinking fund established and maintained\\ntherein, the proceeds of such sales shall continue to be paid to the\\ncredit of the sinking fund of such city as required by statute, and\\nexcept that in a city having a council or a board of estimate and\\napportionment, such council or board may, by resolution, authorize the\\nuse of the proceeds of such sale for other municipal purposes.\\n 10. The board of education shall let all contracts for public work and\\nall purchase contracts to the lowest responsible bidder after\\nadvertisement for bids where so required by section one hundred three of\\nthe general municipal law.\\n 10-a. In a city having a population of one million or more if the\\nseveral parts of the work or labor to be done and/or the supplies,\\nmaterials and equipment to be furnished shall together involve an\\nexpenditure of not more than fifteen thousand dollars, the same may be\\nprocured on order awarded to the lowest responsible bidder upon bids\\nsubmitted without public advertisement under such regulations as shall\\nbe made by the board of education. Purchases of two hundred fifty\\ndollars or less may be made without competition.\\n 11. In all contracts by a board of education, in a city having a\\npopulation of one million or more, for the construction, repair,\\nalteration or remodeling of buildings or for the purchase of supplies,\\nfurniture or equipment, a stipulation may be inserted for liquidated\\ndamages for any breach, failure or delay in the performance thereof; and\\nsuch board of education is authorized and empowered to remit the whole\\nor any part of such damages as in its discretion may be just and\\nequitable; and in all suits commenced on any such contracts or on any\\nbond given in connection therewith it shall not be necessary for such\\nboard, whether plaintiff or defendant, to prove actual or specific\\ndamages sustained by reason of any such breach, failure or delay, but\\nsuch stipulation for liquidated damages shall be conclusive and binding\\nupon all parties.\\n 12. In a city having a population of one million or more a board of\\neducation may make rules and regulations governing the qualifications of\\nbidders entering into contracts for the erection and construction of\\nbuildings, and for the alteration of buildings when the entire cost of\\nsuch alteration shall exceed twenty-five thousand dollars. The bidding\\nmay be restricted to those who shall have qualified prior to the receipt\\nof bids according to standards fixed by the board of education, provided\\nthat notice or notices for the submission of qualifications shall be\\npublished in the official publication of the municipality, and in an\\nappropriate trade journal published in such city, at least once, not\\nless than ten days prior to the date fixed for the filing of\\nqualifications.\\n 13. A board of education, in a city having a population of one million\\nor more, may through its duly designated officers, agents or employees\\nenter upon public or private property for the purpose of making surveys,\\nsoundings or test borings necessary for the exercise of the powers or\\nthe performance of the duties, of such board of education, provided\\nhowever, that the mayor had formally approved the acquisition of the\\nreal property as a school site.\\n 14. a. The chancellor of a city school district in a city having a\\npopulation of one million or more shall compile an inventory of and\\nissue a written report about the outdoor schoolyards in the city school\\ndistrict. Such inventory and report shall:\\n (i) identify each outdoor schoolyard located at educational\\nfacilities, as defined in subdivision nine of section twenty-five\\nhundred ninety-a of this title, of the city school district. Each\\noutdoor schoolyard shall be identified by the community school district\\nin which the outdoor schoolyard is located, its address, approximate\\nsize and physical condition;\\n (ii) identify which outdoor schoolyards are used for physical\\neducation, activity and/or recreation; for each such outdoor schoolyard,\\na description of how often students of the city school district use the\\noutdoor schoolyard and any limitations on the uses of the schoolyard;\\n (iii) identify which outdoor schoolyards are not used for physical\\neducation, activity or recreation. For each such schoolyard, an\\nexplanation of why it is not being used for physical education, physical\\nactivity or recreation by students of the city school district;\\n (iv) whether each outdoor schoolyard is used and the frequency of such\\nuse during the school day and whether it is available for use by\\nstudents or the general public during after school hours;\\n (v) for each outdoor schoolyard, a description of the capital plans\\nfor construction, placement, renovation and/or reconfiguration thereof,\\nand any plan to increase or decrease the availability and utilization\\nthereof; and\\n (vi) any other facts, information and recommendations which the\\nchancellor deems necessary to improve the outdoor schoolyards of the\\neducational facilities of the city school district. Such improvements\\nshall be those that enhance the physical education, physical and mental\\nfitness, and well-being of the students of the city school district.\\n b. On or before December thirty-first, two thousand twelve, the\\nchancellor shall submit the inventory and report, compiled pursuant to\\nparagraph a of this subdivision, to the governor, the temporary\\npresident of the senate, the speaker of the assembly, the chairs of the\\nsenate and assembly committees on education, and the department.\\n c. For the purposes of this subdivision, \"outdoor schoolyard\" means\\noutdoor space which is located at educational facilities, and is used or\\nintended to be used by students for physical education, physical\\nactivity and/or recreation.\\n 15. a. The chancellor of a city school district in a city having a\\npopulation of one million or more shall compile an inventory of and\\nissue a written report and develop recommendations regarding\\ntransportable classroom units (\"TCU\" or also commonly known as a\\n\"trailer\"). Such inventory, report and recommendations shall:\\n (i) identify each transportable classroom unit located in the city\\nschool district. Each transportable classroom unit shall be identified\\nby the community school district in which it is located, its address\\nwith identification of any school building it is part of or associated\\nwith, its approximate size, its age, and a description of its physical\\ncondition;\\n (ii) identify the number of students served within each transportable\\nclassroom unit, including the grade level of such students, if\\napplicable, the average class size within each transportable classroom\\nunit, and a description of the amount of the school day the students\\nspend within each transportable classroom unit;\\n (iii) provide recommendations to minimize the number of transportable\\nclassroom units within the city school district.\\n b. On or before December thirty-first, two thousand fourteen, the\\nchancellor shall submit the inventory, report, and the recommendations\\nto minimize the number of transportable classroom units within the city\\nschool district, compiled and developed pursuant to paragraph a of this\\nsubdivision, to the governor, the temporary president of the senate, the\\nspeaker of the assembly, the chairs of the senate and assembly\\ncommittees on education, and the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2557", "title" : "Purchase and sale of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2557", "activeDate" : "2014-09-22", "sequenceNo" : 943, "repealedDate" : null, "fromSection" : "2557", "toSection" : "2557", "text" : " § 2557. Purchase and sale of real property. The board of education\\nmay purchase real property for any of the purposes authorized by law and\\nshall take title thereof in the name of the city, which shall hold said\\nproperty in trust for the use of such school district and the city is\\nhereby empowered to sell and convey the same when it deems it for the\\ninterest of such school district, and when the owner of such property\\nrefuses to sell the same or such board is unable to agree with the owner\\nof such property on the purchase price thereof, it shall have the power\\nand authority to institute such proceedings and take any action\\nnecessary to acquire title to such property under and pursuant to the\\nprovisions of the eminent domain procedure law, except that in a city\\nin which the common council, board of contract and supply or other city\\nofficers or body were authorized and empowered by law to acquire title\\nto real property for school purposes under the laws in force on June\\neighth, nineteen hundred seventeen, said council, board, officers or\\nbody shall continue to possess such powers and shall exercise the same,\\nincluding the power to acquire real property for said purposes except\\nfurther that such real property shall be acquired pursuant to the\\neminent domain procedure law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2559", "title" : "Power of removal of member of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2559", "activeDate" : "2014-09-22", "sequenceNo" : 944, "repealedDate" : null, "fromSection" : "2559", "toSection" : "2559", "text" : " § 2559. Power of removal of member of board of education. For cause\\nshown, and after giving notice of the charge and opportunity of defense,\\nthe commissioner of education may remove any member of a board of\\neducation. Wilful disobedience of any lawful requirement of the\\ncommissioner of education, or a want of due diligence in obeying such\\nrequirement or wilful violation or neglect of duty, is cause for\\nremoval.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2560", "title" : "Liability of board of education and community school boards in a city having a population of one million or more inhabitants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2560", "activeDate" : "2014-09-22", "sequenceNo" : 945, "repealedDate" : null, "fromSection" : "2560", "toSection" : "2560", "text" : " § 2560. Liability of board of education and community school boards in\\na city having a population of one million or more inhabitants. 1.\\nNotwithstanding any inconsistent provision of law, general, special or\\nlocal, or the limitation contained in the provisions of any city\\ncharter, any duly appointed member of the board of education in a city\\nhaving a population of one million or more, the members of each\\ncommunity school board in such city, the teaching or supervising staff,\\nofficer, or employee of such board and of each such community school\\nboard, member of a committee on special education or subcommittee\\nthereof or authorized participant in the school volunteer program in\\nsuch city shall be entitled to legal representation and indemnification\\npursuant to the provisions of, and subject to the conditions, procedures\\nand limitations contained in section fifty-k of the general municipal\\nlaw, except that any judgment or settlement pursuant to this section\\nshall be payable from the monies of the board of education.\\n 2. Notwithstanding any inconsistent provision of law, general, special\\nor local, or limitations contained in the provision of any city charter,\\nit shall not be within the power of the board of education or a\\ncommunity school board in any school district in a city with a\\npopulation of one million or more to require a volunteer participating\\nin any school activities to execute a waiver of responsibility in favor\\nof that board as a condition, either express or implied, of such\\nparticipation. Such waiver would include, but not be limited to, a\\nrelease of any party against whom the volunteer may have rights under\\nany existing provision of law for personal injuries incurred during the\\nperformance of authorized volunteer duties by an authorized participant\\nin a school volunteer program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2561", "title" : "Liability of certain officers and employees of boards of education in a city having a population of one million or more inhabitants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2561", "activeDate" : "2014-09-22", "sequenceNo" : 946, "repealedDate" : null, "fromSection" : "2561", "toSection" : "2561", "text" : " § 2561. Liability of certain officers and employees of boards of\\neducation in a city having a population of one million or more\\ninhabitants. If, in order to furnish needy children or minors with\\nfood, shoes, clothing, and other necessities to enable them to attend\\nschool as contemplated by law and to benefit from instruction, the board\\nof education of a city having a population of one million or more shall\\nhave required, imposed or permitted, the performance of duties by any of\\nits officers and employees, because of which it became necessary or\\nexpedient for any such officer or employee to act for the board of\\neducation, or to act for or in cooperation with any other agency of\\ngovernment, federal, state or municipal, then irrespective of the fact\\nthat the authority to require, impose or permit the performance of such\\nduties may not have been specifically conferred upon said board of\\neducation by provisions of this chapter, each such board of education\\nshall be liable for and shall assume liability to the extent that it\\nshall save harmless any such officers or employees for damages arising\\nout of the negligence of any such officer or employee prior to April\\nfifteenth, nineteen hundred thirty-seven, while actually engaged in the\\nperformance of such required or permitted duties, provided the officer\\nor employee at the time was acting within the scope of his duties or\\nemployment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2562", "title" : "Presentation of claims against a board of education of a city having a population of four hundred thousand or more to be pleaded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2562", "activeDate" : "2014-09-22", "sequenceNo" : 947, "repealedDate" : null, "fromSection" : "2562", "toSection" : "2562", "text" : " § 2562. Presentation of claims against a board of education of a city\\nhaving a population of four hundred thousand or more to be pleaded. 1.\\nNo action or special proceeding, for any cause whatever, shall be\\nprosecuted or maintained against a board of education of a city having a\\npopulation of four hundred thousand or more, unless it shall appear by\\nand as an allegation in the complaint or necessary moving papers that at\\nleast thirty days have elapsed since the demand, claim or claims upon\\nwhich such action or special proceeding is founded were presented to the\\nsaid board of education for adjustment, and that the officer or body\\nhaving the power to adjust or pay said claim has neglected or refused to\\nmake an adjustment or payment thereof for thirty days after such\\npresentment.\\n 2. The said board of education may require any person presenting for\\nsettlement an account or claim for any cause whatever against it to be\\nsworn before it or a committee thereof, or before the claims auditor or\\ndeputy claims auditor, or before any person designated by said board,\\ntouching such account or claim, and when so sworn, to answer orally as\\nto any facts relative to the justness of such account or claim. A member\\nof the board, the claims auditor, or any other person designated as\\nhereinbefore stated, shall have the power to administer an oath to any\\nperson who shall give testimony to the justness of such account or\\nclaim, and for the purpose of securing such testimony may issue\\nsubpoenas for the attendance of witnesses. Wilful false swearing before\\nthe said board of education, a committee thereof, the claims auditor or\\ndeputy claims auditor, or before any person designated as hereinbefore\\nstated, is perjury and punishable as such.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2563", "title" : "Meetings of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2563", "activeDate" : "2014-09-22", "sequenceNo" : 948, "repealedDate" : null, "fromSection" : "2563", "toSection" : "2563", "text" : " § 2563. Meetings of board of education. 1. The annual meeting of a\\nboard of education shall be held on the second Tuesday in May, at four\\no'clock in the afternoon, at which meeting the board shall select a\\npresident for the ensuing year, except that the annual meeting of the\\nboard of education of the city school district of the city of New York\\nshall be held on the first Tuesday in July.\\n 2. Each of such boards shall also fix the day and hour for holding\\nregular board meetings which shall be at least as often as once each\\nmonth and shall also prescribe a method for calling special meetings of\\nsuch board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2564", "title" : "Local school board districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2564", "activeDate" : "2014-09-22", "sequenceNo" : 949, "repealedDate" : null, "fromSection" : "2564", "toSection" : "2564", "text" : " § 2564. Local school board districts. 1. The board of education of\\nthe city school district of the city of New York, by resolution duly\\nadopted, shall divide the city school district into such number of local\\nschool board districts as such board in its discretion may determine.\\nThe board of education may from time to time alter the boundaries of\\nsuch districts, consolidate two or more districts or parts thereof, or\\ndivide any such district or districts as it shall consider necessary.\\nFor the purposes of this section, a school decentralization\\ndemonstration project in existence on April first, nineteen hundred\\nsixty-eight shall be deemed to be a local school board district.\\n 2. Such board of education, upon the establishment of such local\\nschool board districts, shall have the power to appoint, or provide for\\nthe election of, and remove at its pleasure, a local school board for\\neach such local school board district, which shall consist of such\\nnumber of members as the board shall determine from time to time.\\n 3. The board of education, with the approval of the regents, shall\\nhave the power to delegate to such local school boards any or all of its\\nfunctions, powers, obligations and duties in connection with the\\noperation of the schools and programs under its jurisdiction, and may\\nmodify or rescind any function, power, obligation and duty so delegated.\\n 4. In accordance with rules and regulations to be promulgated by the\\nboard of education, each such local school board shall have the power to\\nemploy a local superintendent of schools upon such terms and conditions\\nas such local school board shall determine. Such employment shall be by\\ncontract at an annual rate of compensation not in excess of thirty\\nthousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2565", "title" : "Superintendent of schools, associate superintendents, board of superintendents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2565", "activeDate" : "2014-09-22", "sequenceNo" : 950, "repealedDate" : null, "fromSection" : "2565", "toSection" : "2565", "text" : " § 2565. Superintendent of schools, associate superintendents, board of\\nsuperintendents. 1. The superintendent or an associate superintendent\\nof schools of a city in office on June eighth, nineteen hundred\\nseventeen, shall hold his position for the term for which he was chosen\\nand until his successor is chosen. A superintendent or associate\\nsuperintendent appointed after such date shall hold his position in a\\ncity having a population of two hundred fifty thousand or more for a\\nperiod not to exceed four years from the date of his appointment and in\\nall cities subject to the pleasure of the board of education, except\\nthat in all other cities the superintendent of schools may be appointed\\nfor a term of not to exceed five years, provided that the terms or\\nprovisions of any employment contract between the superintendent and the\\nboard of education relating to an increase in salary, compensation or\\nother benefits, shall not be based on or tied to the terms of any\\ncontract or collective bargaining agreement that the board of education\\nhas or will enter with the teachers or other employees of the school\\ndistrict.\\n 2. A superintendent or an associate superintendent may vacate his\\nposition by filing a written resignation with the board of education.\\nNo person shall be eligible to the position of superintendent of\\nschools, deputy superintendent of schools, associate superintendent of\\nschools, assistant superintendent of schools or other superintendent of\\nschools or member of a board of examiners in a city unless he shall\\npossess or be entitled to a superintendent's certificate as provided in\\nsection three thousand three of this chapter.\\n 3. Notwithstanding the provisions of subdivisions one and two of this\\nsection, the superintendent of schools of the Rochester city school\\ndistrict shall serve at the pleasure of the board of education;\\nprovided, however, that such term shall, in no event, exceed a period of\\nfour years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2566", "title" : "Powers and duties of superintendent of schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2566", "activeDate" : "2014-09-22", "sequenceNo" : 951, "repealedDate" : null, "fromSection" : "2566", "toSection" : "2566", "text" : " § 2566. Powers and duties of superintendent of schools. The\\nsuperintendent of schools of a city shall possess, subject to the\\nby-laws of the board of education, the following powers and be charged\\nwith the following duties:\\n 1. To be the chief executive officer of such board and the educational\\nsystem, and to have a seat on the board of education and the right to\\nspeak on all matters before the board, but not to vote.\\n 2. To enforce all provisions of law and all rules and regulations\\nrelating to the management of the schools and other educational, social\\nand recreational activities under the direction of the board of\\neducation.\\n 3. In a city having a population of one million or more, to exercise\\nsuch administrative and ministerial powers of such board as may be\\ndelegated to him by regulation and by-laws of such board in such manner\\nand with the same force and effect as if such powers were given to him\\nby the provisions of the education law.\\n 4. To prepare the content of each course of study authorized by the\\nboard of education. The content of each such course shall be submitted\\nto the board of education for its approval and, when thus approved, the\\nsuperintendent shall cause such courses of study to be used in the\\ngrades, classes and schools for which they are authorized.\\n 5. To recommend suitable lists of textbooks to be used in the schools.\\n 6. To have supervision and direction of associate, assistant, district\\nand other superintendents, directors, supervisors, principals, teachers,\\nlecturers, medical inspectors, nurses, claims auditors, deputy claims\\nauditors, attendance officers, janitors and other persons employed in\\nthe management of the schools or the other educational activities of the\\ncity authorized by this chapter and under the direction and management\\nof the board of education, except that in the city school districts of\\nthe cities of Buffalo, Rochester, and Syracuse to also appoint, within\\nthe amounts budgeted therefor, such associate, assistant and district\\nsuperintendents and all other supervising staff who are excluded from\\nthe right to bargain collectively pursuant to article fourteen of the\\ncivil service law; to transfer teachers from one school to another, or\\nfrom one grade of the course of study to another grade in such course,\\nand to report immediately such transfers to said board for its\\nconsideration and action; to report to said board of education\\nviolations of regulations and cases of insubordination, and to suspend\\nan associate, assistant, district or other superintendent, director,\\nsupervisor, expert, principal, teacher or other employee until the next\\nregular meeting of the board, when all facts relating to the case shall\\nbe submitted to the board for its consideration and action.\\n 7. To have supervision and direction over the enforcement and\\nobservance of the courses of study, the examination and promotion of\\npupils, and over all other matters pertaining to playgrounds, medical\\ninspection, recreation and social center work, libraries, lectures and\\nall other educational activities and interest under the management,\\ndirection and control of the board of education.\\n 8. To issue such licenses to teachers, principals, directors, school\\npsychiatrists, school psychologists, school medical inspectors, school\\naurists, school psychiatric social workers, school social case workers,\\nresearch assistants, teacher-clerks, school clerks, clerical assistants,\\nindustrial or trade helpers in vocational schools, school librarians,\\nlaboratory assistants, placement and investigation assistants, financial\\nassistants, machine shop assistants, tool boys, and other members of the\\nteaching and supervising staff as may be required under the by-laws and\\nregulations of the board of education in cities in which such board\\nrequires its teachers to hold qualifications in addition to or in\\nadvance of or different from, where such qualifications are not provided\\nby the commissioner, the minimum qualifications required under this\\nchapter. All such licenses issued prior to the first day of December,\\nnineteen hundred thirty-four, and all appointments made or hereafter\\nmade pursuant to such licenses are hereby authorized and validated\\nagainst any statutory provision, omission, or irregularity, provided the\\nexamination for such license was conducted by the board of examiners in\\naccordance with the by-laws and regulations of the board of education,\\nnotwithstanding the invalidity of any such by-laws and regulations. All\\nsuch licenses issued by the chancellor prior to the effective date of a\\nchapter of the laws of 1990, entitled \"AN ACT to amend the education law\\nand the administrative code of the city of New York, in relation to\\nappointment of teaching service personnel by abolishing the board of\\nexaminers in cities having a population of one million or more and to\\nrepeal certain provisions of the education law relating thereto\" and all\\nappointments made or hereafter made pursuant to such licenses are hereby\\nauthorized and validated, notwithstanding any provision of statute or\\nregulation to the contrary. Nothing in this chapter shall affect the\\nrights of persons serving pursuant to appropriate licenses issued prior\\nto the effective date of a chapter of the laws of 1990, entitled \"AN ACT\\nto amend the education law and the administrative code of the city of\\nNew York, in relation to appointment of teaching service personnel by\\nabolishing the board of examiners in cities having a population of one\\nmillion or more and to repeal certain provisions of the education law\\nrelating thereto\" or require them to obtain certifications or licenses\\nnot previously required of them.\\n 9. Notwithstanding any inconsistent provision of law, the provisions\\nof subdivision six of this section relating to the transfer of teachers\\nmay be modified by an agreement that is collectively negotiated pursuant\\nto the provisions of article fourteen of the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2567", "title" : "Protection of rights exercised under licenses issued by a board of education in a city having a population of one million or more", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2567", "activeDate" : "2014-09-22", "sequenceNo" : 952, "repealedDate" : null, "fromSection" : "2567", "toSection" : "2567", "text" : " § 2567. Protection of rights exercised under licenses issued by a\\nboard of education in a city having a population of one million or more.\\nNo person shall forfeit any right given to him under a license issued by\\na board of education in a city having a population of one million or\\nmore, pursuant to this chapter, because of absence while in service in\\nthe armed forces of the United States or in the service of the American\\nRed Cross. Any person may at any time within six months after his\\ndischarge from service in the armed forces of the United States or the\\nAmerican Red Cross make application to the license issuing authority by\\naffidavit setting forth that he or she has been in service in the armed\\nforces of the United States or the American Red Cross during world war\\nII and has been discharged from such service and that he desires the\\nlicense theretofore issued to him or to her to be reissued as of the\\ndate of such application, and it shall be the duty of the licensing\\nauthority to reinstate such license as of the date on which application\\nis made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2568", "title" : "Superintendent of schools authorized to require medical examination of certain employees of certain boards of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2568", "activeDate" : "2014-09-22", "sequenceNo" : 953, "repealedDate" : null, "fromSection" : "2568", "toSection" : "2568", "text" : " § 2568. Superintendent of schools authorized to require medical\\nexamination of certain employees of certain boards of education. The\\nsuperintendent of schools of a city having a population of one million\\nor more shall be empowered to require any person employed by the board\\nof education of such city to submit to a medical examination by a\\nphysician or school medical inspector of the board, in order to\\ndetermine the mental or physical capacity of such person to perform his\\nduties, whenever it has been recommended in a report in writing that\\nsuch examination should be made. Such report to the superintendent may\\nbe made only by a person under whose supervision or direction the person\\nrecommended for such medical examination is employed. The person\\nrequired to submit to such medical examination shall be entitled to be\\naccompanied by a physician or other person of his own choice. The\\nfindings upon such examination shall be reported to the superintendent\\nof schools and may be referred to and considered for the evaluation of\\nservice of the person examined or for disability retirement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2569", "title" : "Appointment of teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2569", "activeDate" : "2014-09-22", "sequenceNo" : 954, "repealedDate" : null, "fromSection" : "2569", "toSection" : "2569", "text" : " § 2569. Appointment of teachers. a. In a city having a population of\\none million or more inhabitants, state certification in accordance with\\nthe regulations of the commissioner shall be a prerequisite to\\nappointment to any teaching or supervisory position. The commissioner,\\nafter consultation with the chancellor, shall identify in the\\nregulations the state certificates which correspond to licenses utilized\\nby the city school district of the city of New York. Where the\\nregulations of the commissioner do not identify a corresponding state\\ncertificate, the minimum education and experience requirements\\npromulgated by the chancellor in accordance with subdivision two of\\nsection twenty-five hundred ninety-j of this chapter shall be a\\nprerequisite to appointment to any teaching position in such license. In\\naddition, placement upon qualifying eligible lists in accordance with\\nsubdivision ten of section twenty-five hundred seventy-three of this\\narticle shall be conditional upon satisfactory performance on (i) an\\ninterview test administered by the chancellor and (ii) a performance\\ntest where required by the chancellor.\\n b. For purposes of qualifying teachers for service exclusively within\\na school district wherein instruction is given bi-lingually, all\\ninterviews and performance tests provided for by this section shall be\\ngiven in English and Spanish or any other appropriate second language\\nand the applicant at the time of application shall designate the\\nlanguage of his choice, except that a written composition as determined\\nby the chancellor under the policies of the city board of education\\nshall be given in English.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2573", "title" : "Appointment of assistant, district or other superintendents, teachers and other employees; their salaries, et cetera", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2019-10-11", "2020-06-05", "2021-06-11", "2021-06-18", "2022-05-20", "2024-07-05" ], "docLevelId" : "2573", "activeDate" : "2014-09-22", "sequenceNo" : 955, "repealedDate" : null, "fromSection" : "2573", "toSection" : "2573", "text" : " § 2573. Appointment of assistant, district or other superintendents,\\nteachers and other employees; their salaries, et cetera. 1. (a) Teachers\\nand all other members of the teaching staff, authorized by section\\ntwenty-five hundred fifty-four of this article, shall be appointed by\\nthe board of education, upon the recommendation of the superintendent of\\nschools, for a probationary period of three years, except that in the\\ncase of a teacher who has rendered satisfactory service as a regular\\nsubstitute for a period of two years or as a seasonally licensed per\\nsession teacher of swimming in day schools who has served in that\\ncapacity for a period of two years and has been appointed to teach the\\nsame subject in day schools on an annual salary, the probationary period\\nshall be limited to one year; provided, however, that in the case of a\\nteacher who has been appointed on tenure in another school district\\nwithin the state, the school district where currently employed, or a\\nboard of cooperative educational services, and who was not dismissed\\nfrom such district or board as a result of charges brought pursuant to\\nsubdivision one of section three thousand twenty-a of this chapter, the\\nprobationary period shall not exceed two years; provided, however, that\\nin cities with a population of one million or more, a teacher appointed\\nunder a newly created license, for teachers of reading and of the\\nemotionally handicapped, to a position which the teacher has held for at\\nleast two years prior to such appointment while serving on tenure in\\nanother license area who was not dismissed as a result of charges\\nbrought pursuant to subdivision one of section three thousand twenty-a\\nof this chapter, the probationary period shall be one year. The service\\nof a person appointed to any of such positions may be discontinued at\\nany time during such probationary period, on the recommendation of the\\nsuperintendent of schools, by a majority vote of the board of education.\\nEach person who is not to be recommended for appointment on tenure shall\\nbe so notified by the superintendent of schools in writing not later\\nthan sixty days immediately preceding the expiration of his probationary\\nperiod. In city school districts having a population of four hundred\\nthousand or more, persons with licenses obtained as a result of\\nexaminations announced subsequent to the twenty-second day of May,\\nnineteen hundred sixty-nine appointed upon conditions that all announced\\nrequirements for the position be fulfilled within a specified period of\\ntime, shall not acquire tenure unless and until such requirements have\\nbeen completed within the time specified for the fulfillment of such\\nrequirements, notwithstanding the expiration of any probationary period.\\nIn all other city school districts subject to the provisions of this\\narticle, failure to maintain certification as required by this article\\nand by the regulations of the commissioner of education shall be cause\\nfor removal within the meaning of subdivision five of this section.\\n (b) Administrators, directors, supervisors, principals and all other\\nmembers of the supervising staff, except executive directors, associate,\\nassistant, district and community superintendents and examiners,\\nauthorized by section twenty-five hundred fifty-four of this article,\\nshall be appointed by the board of education, upon the recommendation of\\nthe superintendent or chancellor of schools, for a probationary period\\nof three years. The service of a person appointed to any of such\\npositions may be discontinued at any time during the probationary period\\non the recommendation of the superintendent of schools, by a majority\\nvote of the board of education.\\n 2. The chancellor shall require, in anticipation of the reasonable\\nneeds of the school system, that interviews and performance tests be\\nconducted for teaching service positions, pursuant to section two\\nthousand five hundred sixty-nine of this article, so that qualifying\\neligible lists may be ready for promulgation as soon as vacancies come\\ninto existence. Where vacancies already exist, and cannot be filled\\nbecause eligible lists have been exhausted, the chancellor shall require\\ninterviews and performance tests to be conducted forthwith and shall\\nhave lists available for promulgation within six months from the date of\\nthe administration of the test. Appropriate procedures for filling\\nsupervisory positions shall be established pursuant to regulations\\npromulgated by the chancellor and qualifying eligible lists shall be\\npromulgated and thereafter supplemented annually Supervisory positions\\nshall be filled in accordance with regulations promulgated by the\\nchancellor; supervisors who are properly assigned or appointed through\\nsuch regulations shall be considered appointed in the license area of\\nthe supervisory position. Appointments shall be made from appropriate\\neligible lists in accordance with regulations of the chancellor to fill\\nall existing vacancies not later than six months from the date of the\\nexistence of such vacancy, except that the board of education may defer\\nsuch appointments until the opening of school following the expiration\\nof such six month period.\\n 3. Associate superintendents, examiners and all other employees\\nauthorized by section twenty-five hundred fifty-four of this article,\\nexcept as otherwise provided in subdivision one of this section, shall\\nbe appointed by the board of education except that in the city school\\ndistricts of the cities of Buffalo, Rochester, and Syracuse, the\\nassociate, assistant and district superintendents and all other\\nsupervising staff who are excluded from the right to bargain\\ncollectively pursuant to article fourteen of the civil service law shall\\nbe appointed, within amounts budgeted therefor, by the superintendent of\\nsuch city school district. In a city having a population of one million\\nor more, such appointments shall be made on nomination of the\\nsuperintendent of schools. Notwithstanding any other provision in this\\nchapter to the contrary, whenever an associate superintendent of schools\\nin the employ of the board of education in a city having a population of\\none million or more fails of reappointment, said person shall be\\nimmediately appointed an assistant superintendent of schools with\\npermanent appointment as said term permanent appointment is defined in\\nsubdivisions four, five and six of this section. The salary of such\\nassistant superintendent shall be less than the salary of an associate\\nsuperintendent, but said differential in salary shall not exceed ten per\\ncentum of the annual salary of an associate superintendent of schools.\\nWhen, however, an associate superintendent of schools who fails of\\nreappointment has to his credit thirty or more years of city service\\nincluding ten or more years of service as such associate superintendent\\nof schools, he shall suffer no reduction of salary or of pension\\nprospects while serving as such assistant superintendent of schools.\\n 4. Clerks, draftsmen, inspectors, chemists, tabulating machine\\noperators, secretaries, stenographers, copyists, statisticians,\\njanitors, custodians, custodian-engineers, and all other administrative\\nemployees of a board of education, unless otherwise provided in this\\nchapter, shall be appointed for a probationary period provided in the\\ncivil service law and regulations based thereon. The service of a person\\nappointed to any of such positions may be discontinued by the board of\\neducation at any time during such probationary period. Such persons who\\nhave served the full probationary period shall hold their respective\\npositions during good behavior and efficient and competent service, and\\nshall not be removed except for cause after a hearing by the affirmative\\nvote of a majority of the board.\\n 5. At the expiration of the probationary term of any persons appointed\\nfor such term, the superintendent of schools shall make a written report\\nto the board of education recommending for permanent appointment those\\npersons who have been found competent, efficient and satisfactory,\\nconsistent with any applicable rules of the board of regents adopted\\npursuant to section three thousand twelve-b of this chapter. Such\\npersons and all others employed in the teaching, service of the schools\\nof a city, who have served the full probationary period, shall hold\\ntheir respective positions during good behavior and efficient and\\ncompetent service, and shall not be removable except for cause after a\\nhearing as provided by section three thousand twenty-a of this chapter.\\n 6. In a city having a population of four hundred thousand or more, at\\nthe expiration of the probationary term of any persons appointed for\\nsuch term, the superintendent of schools shall make a written report to\\nthe board of education recommending for permanent appointment those\\npersons who have been found satisfactory, consistent with any applicable\\nrules of the board of regents adopted pursuant to section three thousand\\ntwelve-b of this chapter, and such board of education shall immediately\\nthereafter issue to such persons permanent certificates of appointment.\\nSuch persons and all others employed in the teaching service of the\\nschools of such city, who have served the full probationary period shall\\nreceive permanent certificates to teach issued to them by the\\ncertificating authority, except as otherwise provided in subdivision\\nten-a of this section, and shall hold their respective positions during\\ngood behavior and satisfactory teaching service, and shall not be\\nremovable except for cause after a hearing as provided by section three\\nthousand twenty-a of this chapter.\\n 8. No charges under this section shall be brought more than three\\nyears after the occurrence of the alleged incompetency or misconduct\\nexcept where the charge is of misconduct which resulted in conviction\\nfor a crime.\\n 9. No principal, supervisor, director, or teacher shall be appointed\\nto the teaching force of a city who does not possess qualifications\\nrequired under this chapter and under the regulations prescribed by the\\ncommissioner of education for the persons employed in such positions in\\nthe schools of the cities of the state, but a board of education may\\nprescribe additional or higher qualifications for the persons employed\\nin any of such positions.\\n 10. (a) In a city having a population of one million or more,\\nrecommendations for appointment to the teaching service shall be from\\nthe first three persons chosen by random selection from the qualifying\\neligible lists prepared by the chancellor. Competitive eligible lists in\\nexistence at the time of enactment of this subdivision shall not be\\nmerged and any such lists shall be exhausted or have expired before\\nnominations are made from a qualifying list of a subsequent date\\npromulgated hereunder. Qualifying eligible lists for supervisory\\npositions shall be merged with any subsequently promulgated lists in the\\nsame license area so that there shall be one continuing non-expiring\\neligible list for each license area. No competitive eligible list shall\\nremain in force for a longer period than four years, nor have a life of\\nless than three years. No competitive eligible list now in force shall\\nterminate any sooner than four years from the date on which it was\\npromulgated. The board of education, on the recommendation of the\\nchancellor shall designate, subject to the other provisions of this\\nchapter, the kind and grades of licenses which shall be required for\\nservice as principal, branch principal, director, supervisor or teacher\\nof a special branch, head of department, assistant, school psychiatrist,\\nschool psychologist, school medical inspector, school social worker,\\nschool social caseworker, school secretary, industrial or trade helper\\nin vocational schools, school librarian, laboratory assistant, or any\\nother position of the teaching staff together with the academic and\\nprofessional qualifications required for each kind or grade of license.\\nNo person required to have a license under the provisions of this\\nchapter in order to be employed in a position who does not have such\\nlicense shall have any claim for salary, except that a person who has\\nbeen assigned to teach in a subject or field not specifically covered in\\nhis license but on the same rank or level of service shall be entitled\\nto his salary.\\n (b) Qualifying eligible lists for teaching and supervisory positions\\nshall consist of the names of all persons who have met the eligibility\\nrequirements for appointment as defined by the chancellor pursuant to\\nsections two thousand five hundred ninety-j and two thousand five\\nhundred sixty-nine of this chapter. Where the regulations of the\\ncommissioner do not identify a state certificate that corresponds to a\\nlicense utilized by the city school district, the chancellor shall\\ndevelop and administer an examination appropriate to the license,\\nprovided the development of such examination and the passing score are\\nbased upon appropriate validity studies conducted in accordance with\\nprofessional standards of measurement. For teaching service positions,\\ncompetitive eligible lists in existence on the effective date of this\\nparagraph shall not be merged. Subsequently promulgated qualifying\\neligible lists in the same license area shall be merged so that there\\nshall be one qualifying eligible list for each license area. No\\ncandidate shall remain on the qualifying eligible list longer than seven\\nyears from the date the candidate is placed on the qualifying eligible\\nlist. This paragraph does not affect the examinations for teaching or\\nsupervisory service positions announced by the board of examiners prior\\nto the effective date of this paragraph.\\n (i) Each year, the chancellor shall direct the division of personnel\\nto select by random selection from among candidates who are available\\nfor assignment and who are on the qualifying eligible lists for teaching\\npositions in existence on such date for each license area, a list of\\nprospective appointees deemed to be sufficient to meet the needs of the\\nschool system for the next school year. The random selection to\\nestablish the initial list of prospective appointees shall be held prior\\nto April first, nineteen hundred ninety-one. In any instance where the\\nlist of prospective appointees is insufficient for the twelve month\\nperiod, the chancellor shall direct the division of personnel to select\\nby random selection additional candidates who are available for\\nassignment and who are on qualifying eligible lists in order to compile\\na supplementary list of prospective appointees.\\n (ii) Candidates selected by a random selection system and whose names\\nappear on the list of prospective appointees for teaching positions\\nshall be assigned to community districts and to divisions under the\\njurisdiction of the chancellor in the order in which their names were\\nselected by such system provided that each appointment by the chancellor\\nor community board as appropriate shall be made from among the first\\nthree persons so assigned.\\n (iii) Lists of prospective appointees for teaching positions shall not\\nbe merged and a list shall be exhausted or have expired before\\nassignments are made from a list of prospective appointees selected by a\\nrandom selection procedure of subsequent date. No candidate shall remain\\non the list of prospective appointees longer than seven years from the\\ndate that the candidate was placed on the qualifying eligible list.\\n 10-a. In the city school district of the city of Buffalo, members of\\nthe teaching and supervising staff appointed on or after the effective\\ndate of this subdivision shall be required to hold a state teaching\\ncertificate, but shall not be required to hold a license issued by the\\nBuffalo city school district. Persons appointed to the teaching and\\nsupervising staff prior to such effective date may continue to serve\\nunder a license issued by such city school district and the board of\\neducation shall be authorized to issue permanent licenses and permanent\\ncertificates of appointment after such effective date to such persons\\nwho fulfill all announced requirements for the position that were\\nimposed at the time of appointment. Nothing in this chapter shall affect\\nthe rights of persons serving pursuant to appropriate licenses issued\\nprior to the effective date of this subdivision or require such persons\\nto obtain certifications or licenses not previously required of them.\\n 11. In a city have a population of one million or more, the board of\\neducation, subject to the approval of the commissioner of education,\\nshall have power to authorize the superintendent of schools to assign\\nany teacher employed to teach any subject or subjects other than any\\nspecific subject for which such teacher is licensed. No such assignment\\nshall be made unless the superintendent of schools shall have certified\\nthat such teacher is competent to teach the assigned subject or\\nsubjects. The superintendent of schools with the approval of the board\\nof education, shall have power to make rules and regulations in relation\\nto ascertainment of competency of teachers to teach such assigned\\nsubject or subjects. The assignment of a teacher to teach any such\\nassigned subject shall not operate to change the rank or level of such\\nteacher from that which he or she occupied prior to such assignment.\\n 12. The salaries of all members of the supervising and teaching force\\nand of all employees and for all positions authorized under section\\ntwenty-five hundred four of this article shall continue to be not lower\\nthan such salaries were on June eighth, nineteen hundred seventeen.\\nRules and regulations shall be adopted governing excusing of absences\\nand for the granting of leaves of absence either with or without pay.\\n 13. Teachers appointed in the schools or classes maintained in the\\ninstitutions controlled by the department of correction of the city of\\nNew York shall be appointed by the commissioner of correction of such\\ncity upon the nomination of the superintendent of schools of such city\\nand shall be licensed by the board of examiners of the board of\\neducation of such city.\\n 15. Notwithstanding any other provision of this section no period in\\nany school year for which there is no required service and/or for which\\nno compensation is provided shall in any event constitute a break or\\nsuspension of probationary period or continuity of tenure rights of any\\nof the persons hereinabove described.\\n 16. In the city school district of the city of New York, the board of\\neducation shall ascertain prior to August first, nineteen hundred sixty,\\nand annually thereafter the number of appointments which will be\\nrequired for the duration of not less than a term of the ensuing school\\nyear by reason of leaves of absence granted to members of the teaching\\nstaff serving on tenure. The board shall thereupon establish and make\\nappointments to positions of replacement teachers in a number which,\\nincluding any such teachers already serving as a result of earlier\\nappointment, shall be at least equal, if possible, and, if not, as\\nnearly as possible, to two-thirds of the minimum number of such teachers\\nexpected to be absent on leave at any one time. Such positions shall\\nconstitute a pool from which the board shall assign teachers to replace\\nthe teachers who are absent on leave. Appointments to such positions of\\nreplacement teachers shall be made from the appropriate eligible lists\\nfor the positions for which such replacement teachers will be required\\nas determined by the board. Such positions of replacement teachers shall\\nbe in all respects permanent positions in the school system and persons\\nduly appointed by the board to such positions shall be entitled to the\\nrights of tenure and retirement accruing to persons serving in other\\npermanent teaching positions, except that no replacement teacher shall\\nbe entitled to the special limitation of the probationary period to one\\nyear provided for certain teachers by subdivision one of this section.\\nUpon acceptance of appointment as replacement teacher, the name of each\\nsuch appointee shall be placed on a preferred eligible list as a\\ncandidate for appointment to any permanent teaching position for which\\nhe holds a valid license and such candidates shall be entitled to\\nappointment from such preferred eligible list in order of their\\nplacement on such list. At any time when the total number of positions\\nof replacement teacher in such pool exceeds the total number of teachers\\nwho will be absent on leave for the ensuing term of school, the board\\nmay abolish positions in such pool which are in excess of the number of\\nteachers to be absent on leave as aforesaid, or may use replacement\\nteachers in such pool instead of substitute teachers to replace teachers\\nwho are absent for shorter periods than one term. Whenever a particular\\nreplacement teacher cannot be used to replace any teacher who is absent\\non leave for a full term, he may similarly be used to replace teachers\\nwho are absent for shorter periods. Nothing herein contained shall be\\nconstrued as preventing the appointment of regular substitute teachers\\nto replace teachers absent on leave when no persons holding positions\\ncreated pursuant to this subdivision are available for such replacement.\\n 17. In the city school district of the city of Buffalo, the board of\\neducation shall, within sixty days of the effective date of this\\nsubdivision and annually prior to August first of each year thereafter,\\nascertain the number of appointments which will be required for the\\nduration of not less than a term of the ensuing school year by reason of\\nleaves of absence granted to members of the teaching staff serving on\\ntenure. The board shall thereupon establish and make appointments to\\npositions of replacement teachers in a number which, including any such\\nteachers already serving as a result of earlier appointment, shall be\\nequal, if possible, or as nearly as possible, to two-thirds of the\\nminimum number of such teachers expected to be absent on leave at any\\none time. Such positions shall constitute a pool from which the board\\nshall assign teachers to replace the teachers who are absent on leave.\\nSuch positions of replacement teachers shall be in all respects\\npermanent positions in the school system and persons duly appointed by\\nthe board to such positions shall be entitled to the rights of tenure\\nand retirement accruing to persons serving in other permanent teaching\\npositions, except that no replacement teacher shall be entitled to the\\nspecial limitation of the probationary period to one year provided for\\ncertain teachers by subdivision one of this section. Upon acceptance of\\nappointment as replacement teacher, the name of each such appointee\\nshall be placed on a preferred eligible list as a candidate for\\nappointment to any permanent teaching position for which he or she holds\\na valid license and such candidates shall be entitled to appointment\\nfrom such preferred eligible list in order of their placement on such\\nlist. At any time when the total number of positions of replacement\\nteacher in such pool exceeds the total number of teachers who will be\\nabsent on leave for the ensuing term of school, the board may abolish\\npositions in such pool which are in excess of the number of teachers to\\nbe absent on leave as aforesaid, or may use replacement teachers in such\\npool instead of substitute teachers to replace teachers who are absent\\nfor shorter periods than one term. Whenever a particular replacement\\nteacher cannot be used to replace any teacher who is absent on leave for\\na full term, he or she may similarly be used to replace teachers who are\\nabsent for shorter periods. Nothing herein contained shall be construed\\nas preventing the appointment of regular substitute teachers to replace\\nteachers absent on leave when no persons holding positions created\\npursuant to this subdivision are available for such replacement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2574", "title" : "Assistant superintendents in a city having a population of one million or more", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2574", "activeDate" : "2014-09-22", "sequenceNo" : 956, "repealedDate" : null, "fromSection" : "2574", "toSection" : "2574", "text" : " § 2574. Assistant superintendents in a city having a population of one\\nmillion or more. The title district superintendent used in any law to\\ndesignate a district superintendent in the employ of the board of\\neducation of a city having a population of one million or more is hereby\\nchanged to assistant superintendent. The persons affected by this\\nsection shall, under such new title, continue to have the pension\\nrights, salary rights, tenure rights, and all other rights they had\\nunder the title district superintendent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2575", "title" : "Retirement of employees of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2020-06-05", "2021-03-19", "2022-04-29", "2022-12-30", "2023-12-29", "2024-05-31", "2024-07-12", "2025-01-10" ], "docLevelId" : "2575", "activeDate" : "2014-09-22", "sequenceNo" : 957, "repealedDate" : null, "fromSection" : "2575", "toSection" : "2575", "text" : " § 2575. Retirement of employees of board of education. 1. (a) The\\nboard of education of a city school district of a city having a\\npopulation of one hundred thousand or more shall have power to establish\\na retirement system for all civil employees permanently employed by said\\nboard other than superintendents and teachers who may now be retired\\nunder the provisions of other retirement laws. In any such city in which\\nthere is a bureau of compulsory education, school census, and child\\nwelfare established under the provisions of this chapter, all persons,\\nexcept for attendance teachers and specially certificated attendance\\nofficers who are first employed by a board of education of a city having\\na population of one million or more, beginning on the first day of\\nSeptember, nineteen hundred sixty-eight, and further except for the\\ndirector of attendance, assistant director of attendance, chief\\nattendance officer, division supervising attendance officer, and\\ndistrict supervising attendance officer, supervisors of school social\\nworkers, who were first employed by a board of education of a city\\nhaving a population of one million or more, beginning on the first day\\nof September nineteen hundred sixty-nine, of which such a bureau of\\ncompulsory education, school census, and child welfare consists shall be\\nmembers of the retirement system created in accordance with the\\nprovisions of this section, provided that any such person who on May\\nfourth, nineteen hundred twenty-six, was a member of another retirement\\nsystem in such city may continue such membership so long as he or she\\nholds an office or position in such bureau. Transfer of membership of\\nany such persons from another retirement system to a retirement system\\nas herein provided shall be made in accordance with the provisions of\\nsection fifty-nine of the civil service law. The board of education of\\nsuch city shall adopt appropriate rules and regulations for the\\ngovernment, management and control of the retirement of said employees;\\nexcept that in regard to the actions of the governing board of a\\nretirement system governed by such rules and regulations, the\\nconcurrence of one employee representative and one non-employee\\nrepresentative shall be necessary for an act of such board, and there\\nshall be no fewer than two employee representatives of such board.\\nBefore they become effective such rules and regulations must be approved\\nby the board of estimate, or the board of estimate and apportionment in\\na city having such body, and in a city not having such body by the\\ncommon council or such other officers or bodies as have the management\\nand control of financial affairs similar to that exercised by such board\\nof estimate or board of estimate and apportionment. The board of\\nestimate or the board of estimate and apportionment in a city having\\nsuch body, and in other cities the officers or bodies performing the\\nfunctions similar to those of a board of estimate or a board of estimate\\nand apportionment shall appropriate annually the sum necessary to pay\\nthe expenses of the administration of this section, except that in the\\ncity of New York such appropriations shall be made pursuant to chapter\\nsix of the New York city charter, and also to pay such pensions to the\\nemployees herein described as they shall be entitled to receive annually\\nunder the rules and regulations prescribed by the board of education and\\napproved by the said board of estimate or board of estimate and\\napportionment or other authorities.\\n (b) (1) The rules and regulations prescribed by the board of education\\nand approved by the board of estimate or the board of estimate and\\napportionment or other authorities named herein shall provide for the\\nannual payment of a pension which shall be a per centum of the average\\nannual personal compensation of an employee for the five years of\\nservice immediately preceding his retirement, except as otherwise\\nprovided in subparagraph two of this paragraph (b).\\n (2) Such rules and regulations so prescribed and approved with respect\\nto any such retirement system established in the city school district of\\na city having a population of one million or more may provide for the\\nannual payment of a pension which shall be a per centum of the\\ncompensation of an employee during any period designated in such rules\\nand regulations; provided, however, that such period shall in no event\\nbe less than one year or more than five years.\\n 2. In a city having a population of one million or more and having a\\nteachers' retirement board, changes, alterations, amendments or\\nmodifications in the rules and regulations established for the\\nadministration of this section shall be adopted as follows:\\n The board of education of said city may adopt and shall submit such\\nchanges, alterations, amendments or modifications, hereinafter in this\\nsubdivision referred to as changes, to said teachers' retirement board\\nfor approval. Said teachers' retirement board shall within thirty days\\nafter the submission to it of such changes transmit to said board of\\neducation a statement in writing setting forth which of such changes it\\napproves and which it disapproves, if any, and the reasons for such\\ndisapproval. If said teachers' retirement board shall approve of all of\\nsuch changes, then such changes shall immediately become effective and\\nin full force and operation.\\n If said teachers' retirement board shall disapprove of all or any of\\nsuch changes and if said board of education and said teachers'\\nretirement board within thirty days thereafter shall fail to agree upon\\nchanges in place of the changes so disapproved, then the changes shall\\nbe submitted by said board of education within ten days after the lapse\\nof said thirty days to the commissioner of education who shall have full\\npower to approve, alter or modify the changes disapproved by said\\nteachers' retirement board, and the action of the commissioner of\\neducation shall be final, and thereupon the changes approved by said\\nteachers' retirement board and the changes as approved, altered or\\nmodified by the commissioner of education shall immediately become\\neffective and in full force and operation.\\n Should said teachers' retirement board fail either to approve or to\\ndisapprove all or any of such changes submitted to it as herein\\nprovided, then such changes not approved or not disapproved shall at the\\nexpiration of the thirty days immediately following their submission to\\nsaid teachers' retirement board be deemed to have been approved by said\\nteachers' retirement board and such changes shall immediately become\\neffective and in full force and operation.\\n Said teachers' retirement board and the trustees of any variable\\nannuity funds created by said rules and regulations may negotiate an\\nagreement whereby said variable annuity funds are commonly invested with\\nthe variable annuity funds of said teachers' retirement board. In such\\nevent, final authority for investing such funds shall rest with the\\nteachers' retirement board for the period of such agreement. Such\\nagreement shall be for a period not to exceed five years but may be\\nrenewed.\\n 3. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan\\nanalogous to that authorized by a chapter of the laws of nineteen\\nhundred sixty, entitled \"An act to amend the administrative code of the\\ncity of New York, in relation to authorizing the addition of\\npensions-providing-for-increased-take-home-pay and death benefits with\\nrespect to the New York city employees' retirement system.\" Such\\nresolution of the board of education, however, shall not take effect\\nuntil and unless it is approved by the board of estimate of such city.\\n 4. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan\\nanalogous to that authorized by a chapter of the laws of nineteen\\nhundred sixty-two, entitled \"An act to amend the administrative code of\\nthe city of New York, in relation to authorizing pensions-providing-for-\\nincreased-take-home-pay and death benefits with respect to the New York\\ncity employees' retirement system.\" Such resolution of the board of\\neducation, however, shall not take effect until and unless it is\\napproved by the board of estimate of such city.\\n 5. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-three--nineteen hundred\\nsixty-four analogous to that authorized for the fiscal year nineteen\\nhundred sixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-seven of the laws of nineteen hundred sixty-two. Such resolution\\nof the board of education, however, shall not take effect until and\\nunless it is approved by the mayor of such city.\\n 6. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-four--nineteen hundred sixty-five\\nanalogous to that authorized for the fiscal year nineteen hundred\\nsixty-three--nineteen hundred sixty-four by chapter five hundred\\nseventeen of the laws of nineteen hundred sixty-three. Such resolution\\nof the board of education, however, shall not take effect until and\\nunless it is approved by the mayor of such city.\\n 7. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-five--nineteen hundred sixty-six\\nanalogous to that authorized for the fiscal year nineteen hundred\\nsixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two. Such resolution\\nof the board of education, however, shall not take effect until and\\nunless it is approved by the mayor of such city.\\n 8. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-six--nineteen hundred sixty-seven\\nanalogous to that authorized for the fiscal year nineteen hundred\\nsixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two. Such resolution\\nof the board of education, however, shall not take effect until and\\nunless it is approved by the mayor of such city.\\n 9. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-seven-nineteen hundred\\nsixty-eight analogous to that authorized for the fiscal year nineteen\\nhundred sixty-two-nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two. Such resolution\\nof the board of education, however, shall not take effect until and\\nunless it is approved by the mayor of such city.\\n 10. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pension-providing-for-increased-take-home-pay plan, in\\naddition to the plan authorized by subdivision nine of this section, for\\nmembers who are employees of the board of education in the titles of\\nattendance teacher, attendance officer, attendance teacher (Spanish\\nspeaking), auxiliary attendance teacher, or auxiliary attendance\\nofficer, for the period September first, nineteen hundred sixty-seven\\nthrough June thirtieth, nineteen hundred sixty-eight, analogous to that\\nauthorized for the fiscal year nineteen hundred sixty-two--nineteen\\nhundred sixty-three by chapter seven hundred eighty-nine of the laws of\\nnineteen hundred sixty-two, provided, however, that the reduced rate of\\ncontribution factor to be used on computing the reduction provided for\\nin the resolution authorized by this subdivision in the contributions of\\nsuch members may be designated by the board of education as three per\\ncentum. Such resolution may contain provisions for a period of\\nretroactive applicability analogous to those contained in paragraph\\nthirteen of subdivision j of section B3--36.1 of the administrative code\\nof the city of New York, as such section was added by chapter seven\\nhundred eighty-seven of the laws of nineteen hundred sixty-two. Such\\nresolution may also provide that the amount of the reduction provided\\nfor in the resolution in the contributions of any members to whom such\\nresolution applies, attributable to the period of retroactive\\napplicability of such resolution shall be refunded by the system without\\ninterest. Such resolution of the board of education, however, shall not\\ntake effect until and unless it is approved by the mayor of such city.\\n 11. Notwithstanding any provision of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-eight--nineteen hundred\\nsixty-nine analogous to that authorized for the fiscal year nineteen\\nhundred sixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two, provided,\\nhowever, that\\n (1) the reduced rate of contribution factor to be used in computing\\nthe reduction in contributions of members who are employees of the board\\nof education in the titles of attendance teacher, attendance officer,\\nattendance teacher (spanish speaking), auxiliary attendance teacher, may\\nbe designated by the board of education as eight per centum, and\\nprovided further, however, that\\n (2) the reduced rate of contribution factor to be used in computing\\nthe reductions of any member who is eligible for the benefits analogous\\nto the career pension plan of the New York city employees' retirement\\nsystem, if a bill entitled \"An act to amend the administrative code of\\nthe city of New York and the military law, in relation to providing\\nadditional rights, privileges, and benefits for members of the New York\\ncity employees' retirement system and establishing an optional career\\npension plan for certain of such members\" is enacted into law, and if\\nthe board of education adopts a resolution amending the provisions\\ngoverning any retirement system adopted pursuant to or subject to the\\nprovisions of this section to provide a plan analogous to such career\\npension plan, regardless of whether such member elects the benefits of\\nsuch analogous plan, may be designated by the board of education as four\\nper centum. Such resolution of the board of education, however, shall\\nnot take effect until and unless it is approved by the mayor of such\\ncity.\\n 12. Notwithstanding any provisions of this section or any other\\nprovision of law, in a city having a population of one million or more,\\nthe board of education is authorized to adopt a resolution amending the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section to the extent necessary to put\\ninto effect a pensions-providing-for-increased-take-home-pay plan for\\nthe fiscal year nineteen hundred sixty-nine--nineteen hundred seventy\\nanalogous to that authorized for the fiscal year nineteen hundred\\nsixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two, provided,\\nhowever, that\\n (1) the reduced-rate-of-contribution factor to be used in computing\\nthe reduction in contributions of members who are employees of the board\\nof education in the titles of attendance teacher, attendance officer,\\nattendance teacher (spanish speaking), auxiliary attendance teacher, may\\nbe designated by the board of education as eight percentum, and provided\\nfurther, however, that\\n (2) the reduced-rate-of-contribution factor to be used in computing\\nthe reductions of any member who is a career pension plan member or who\\nis eligible to elect to become a career pension plan member under the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section, regardless of whether such\\nmember makes such election, may be designated by the board of education\\nas four percentum, and provided further, however, that\\n (3) the reduced-rate-of-contribution factor to be used in computing\\nthe reductions of any member other than a member mentioned in paragraphs\\none and two of this subdivision twelve may be designated by the board of\\neducation as five per centum, and provided further, however, that\\n (4) such resolution of the board of education shall not take effect\\nuntil and unless it is approved by the mayor of such city.\\n 13. Notwithstanding any provisions of this section or any other\\nprovision of law to the contrary, in a city having a population of one\\nmillion or more, the board of education is authorized to adopt a\\nresolution amending the provisions governing any retirement system\\nadopted pursuant to or subject to the provisions of this section to the\\nextent necessary to put into effect a pensions-providing-for-increased-\\ntake-home-pay plan for the fiscal year nineteen hundred\\nseventy--nineteen hundred seventy-one analogous to that authorized for\\nthe fiscal year nineteen hundred sixty-two--nineteen hundred sixty-three\\nby chapter seven hundred eighty-nine of the laws of nineteen hundred\\nsixty-two, provided, however, that\\n (1) the reduced-rate-of-contribution factor to be used in computing\\nthe reductions of any member who is a career pension plan member or who\\nis eligible to elect to become a career pension plan member under the\\nprovisions governing any retirement system adopted pursuant to or\\nsubject to the provisions of this section, regardless of whether such\\nmember makes such election, may be designated by the board of education\\nas four percentum, and provided further, however, that\\n (2) the reduced-rate-of-contribution factor to be used in computing\\nthe reductions of any member other than a member mentioned in paragraph\\none of this subdivision thirteen may be designated by the board of\\neducation as five per centum, and provided further, however, that\\n (3) such resolution of the board of education shall not take effect\\nuntil and unless it is approved by the mayor of such city.\\n 14. (1) In the event that:\\n (a) a bill entitled \"An act to amend the administrative code of the\\ncity of New York and chapter eight hundred seventeen of the laws of\\nnineteen hundred sixty-nine, entitled, 'An act to amend the\\nadministrative code of the city of New York, in relation to providing\\nadditional rights, privileges and benefits for members of the New York\\ncity employees' retirement system who are career pension plan members or\\nfifty-five-year-increased-service-fraction members, and for certain\\nbeneficiaries of such system', in relation to establishing a new career\\npension plan for certain members of the New York city employees'\\nretirement system\" is enacted into law; and\\n (b) The provisions which govern a retirement system established\\npursuant to this section with respect to the board of education of a\\ncity having a population of one million or more and which were adopted\\npursuant or subject to this section are amended pursuant or subject to\\nthis section so that such provisions include a retirement plan analogous\\nto that set forth in such bill; no plan for pensions-providing-for-\\nincreased-take-home-pay shall be adopted for the fiscal year nineteen\\nhundred seventy-one--nineteen hundred seventy-two with respect to the\\nmembers of such retirement system.\\n (2) In the event that such bill referred to in paragraph one of this\\nsubdivision fourteen is not enacted into law, such board of education\\nreferred to in paragraph one of this subdivision fourteen, is\\nauthorized, notwithstanding any provision of this section or any other\\nprovision of law to the contrary, to adopt a resolution amending the\\nprovisions governing such retirement system adopted pursuant or subject\\nto the provisions of this section to the extent necessary to put into\\neffect a pensions-providing-for-increased-take-home-pay plan for the\\nfiscal year nineteen hundred seventy-one--nineteen hundred seventy-two\\nanalogous to that authorized for the fiscal year nineteen hundred\\nsixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two, provided,\\nhowever, that\\n (a) the reduced-rate-of-contribution factor to be used in computing\\nthe reduction in contributions of members under such plan may be\\ndesignated by the board of education to be four per centum, and provided\\nfurther, however, that\\n (b) such resolution of the board of education shall not take effect\\nunless and until it is approved by the mayor of such city.\\n 15. (1) In the event that:\\n (a) a bill entitled \"An act to amend the administrative code of the\\ncity of New York and chapter eight hundred seventeen of the laws of\\nnineteen hundred sixty-nine, entitled, 'An act to amend the\\nadministrative code of the city of New York, in relation to providing\\nadditional rights, privileges and benefits for members of the New York\\ncity employees' retirement system who are career pension plan members or\\nfifty-five-year-increased-service-fraction members, and for certain\\nbeneficiaries of such system', in relation to establishing a new career\\npension plan for certain members of the New York city employees'\\nretirement system\" is enacted into law; and\\n (b) the provisions which govern a retirement system established\\npursuant to this section with respect to the board of education of a\\ncity having a population of one million or more and which were adopted\\npursuant or subject to this section are amended pursuant or subject to\\nthis section so that such provisions include a retirement plan analogous\\nto that set forth in such bill;\\nno plan for pensions-providing-for-increased-take-home-pay shall be\\nadopted for the fiscal year nineteen hundred seventy-two--nineteen\\nhundred seventy-three with respect to the members of such retirement\\nsystem.\\n (2) In the event that such bill referred to in paragraph one of this\\nsubdivision fifteen is not enacted into law, such board of education\\nreferred to in paragraph one of this subdivision fifteen, is authorized,\\nnotwithstanding any provision of this section or any other provision of\\nlaw to the contrary, to adopt a resolution amending the provisions\\ngoverning such retirement system adopted pursuant or subject to the\\nprovisions of this section to the extent necessary to put into effect a\\npensions-providing-for-increased-take-home-pay plan for the fiscal year\\nnineteen hundred seventy-two--nineteen hundred seventy-three analogous\\nto that authorized for the fiscal year nineteen hundred\\nsixty-two--nineteen hundred sixty-three by chapter seven hundred\\neighty-nine of the laws of nineteen hundred sixty-two, provided,\\nhowever, that\\n (a) the reduced-rate-of-contribution factor to be used in computing\\nthe reduction in contributions of members under such plan may be\\ndesignated by the board of education to be four per centum, and provided\\nfurther, however, that\\n (b) such resolution of the board of education shall not take effect\\nunless and until it is approved by the mayor of such city.\\n 16. (a) As used in this subdivision, the following terms shall mean\\nand include:\\n (1) \"Board of education\". The board of education of a city.\\n (2) \"City\". A city having a population of one million or more.\\n (3) \"Rules and regulations\". The rules and regulations for the\\ngovernment, management and control of the retirement system adopted\\npursuant to this section.\\n (4) \"Retirement system\". The board of education retirement system\\nestablished pursuant to the provisions of this section in a city.\\n (5) (i) \"Normal contribution for balance sheet liability purposes\".\\nThe hypothetical amount which the normal contribution payable in each\\ncity fiscal year occurring during the period beginning on July first,\\nnineteen hundred seventy-four and ending on June thirtieth, nineteen\\nhundred eighty would have equalled if such normal contribution had been\\nrequired by law to be paid to the contingent reserve fund in the city\\nfiscal year in which the obligation to make such normal contribution\\naccrued and such normal contribution had been required by law to be\\ndetermined in the manner provided for in items (ii), (iii) and (iv) of\\nthis subparagraph.\\n (ii) Upon the basis of the mortality and other tables effective under\\nthe rules and regulations as of July first, nineteen hundred\\nseventy-seven and interest at the rate of five and one-half per centum\\nper annum, the actuary shall determine, as of June thirtieth next\\npreceding each such fiscal year for which such normal contribution is\\nbeing determined (hereinafter referred to as the \"subject fiscal year\")\\nthe amount of the then total liability for all benefits provided in the\\nrules and regulations, in articles eleven and fourteen of the retirement\\nand social security law and in any other law prescribing benefits\\npayable by the retirement system on account of all then members and\\nbeneficiaries, exluding the then liability on account of future annual\\ncontributions, for balance sheet liability purposes, on account of\\nreserves-for-increased-take-home-pay (as defined in subparagraph eight\\nof this paragraph), if any, and the then liability for benefits\\nattributable to the annuity savings fund and to the variable annuity\\nsavings fund.\\n (iii) The hypothetical normal rate of contribution with respect to the\\nsubject fiscal year shall be the rate per centum obtained:\\n (A) by adding together:\\n (1) the present value of all then required future unfunded accrued\\nliability contributions for balance sheet liability purposes (as defined\\nin subparagraph six of this paragraph); and\\n (2) the present value of all then required future annual\\ncontributions, for balance sheet liability purposes, on account of\\namortization of losses on dispositions of certain securities within the\\nmeaning of subdivision six of section seven of the rules and regulations\\n(as defined in subparagraph seven of this paragraph); and\\n (3) the present value of future member contributions of members\\nsubject to article fourteen of the retirement and social security law;\\nand\\n (4) the amount obtained by adding together the total funds on hand\\n(excluding therefrom the then amount in the annuity savings fund and in\\nthe variable annuity savings fund) and the balance sheet liability as of\\nsuch June thirtieth next preceding the subject fiscal year; and\\n (B) by subtracting from the amount of the total liability determined\\npursuant to item (ii) of this subparagraph the sum resulting from the\\naddition prescribed by sub-item (A) of this item; and\\n (C) by dividing the remainder resulting from the subtraction\\nprescribed by sub-item (B) of this item by one per centum of the then\\npresent value of the prospective future salaries of all members, as\\ncomputed on the basis of the mortality and service tables adopted\\npursuant to subdivision two of section five of the rules and regulations\\nand in effect on July first, nineteen hundred seventy-seven, and on the\\nbasis of interest at the rate of five and one-half per centum per annum.\\n (iv) The amount of the normal contribution for balance sheet liability\\npurposes hypothetically payable in the subject fiscal year shall be the\\namount obtained (1) by multiplying such hypothetical normal contribution\\nrate computed with respect to the subject fiscal year by the aggregate\\nannual salaries of the members as of June thirtieth of the subject\\nfiscal year and (2) by adding to the product of such multiplication,\\ninterest on such product at the rate of five and one-half per centum per\\nannum for a period of six months.\\n (6) \"Unfunded accrued liability contribution for balance sheet\\nliability purposes\". (i) With respect to the city's nineteen hundred\\nseventy-four--nineteen hundred seventy-five fiscal year, such term shall\\nmean a hypothetical amount which, if paid to the contingent reserve fund\\nin forty equal annual installments, beginning with payment of a first\\ninstallment in the city's nineteen hundred seventy-four--nineteen\\nhundred seventy-five fiscal year, would be the actuarial equivalent, on\\nthe basis of interest at the rate of five and one-half per centum per\\nannum, of the remainder computed in the manner prescribed by items (ii)\\nand (iii) of this subparagraph.\\n (ii) Upon the basis of the actuarial tables in effect as of July\\nfirst, nineteen hundred seventy-seven for valuation purposes and\\ninterest at the rate of five and one-half per centum per annum, there\\nshall be computed, as of June thirtieth, nineteen hundred seventy-four,\\nthe amount of the total liability for all benefits provided by the rules\\nand regulations, in article eleven of the retirement and social security\\nlaw and in any other law prescribing benefits payable by the retirement\\nsystem on account of all members and beneficiaries, excluding the\\nliability on account of future increased-take-home-pay contributions and\\nthe liability for benefits attributable to the annuity savings fund and\\nthe variable annuity savings fund.\\n (iii) From such total liability computed pursuant to item (ii) of this\\nsubparagraph there shall be subtracted the sum of:\\n (A) the present value, as of June thirtieth, nineteen hundred\\nseventy-four, of all future normal costs of the retirement system,\\ncomputed pursuant to the entry age normal cost method of determining\\nsuch normal costs; and\\n (B) the present value, as of June thirtieth, of all required future\\npayments, pursuant to subdivision six of section seven of the rules and\\nregulations (as then in effect), of installments of losses in excess of\\ninstallments of gains on dispositions of securities within the meaning\\nof such subdivision; and\\n (C) the sum obtained by adding together the balance sheet liability as\\nof such June thirtieth, (as such liability is determined pursuant to the\\nprovisions of subparagraph seven of paragraph (c) of this subdivision)\\nand the total funds on hand as of such June thirtieth, excluding the\\namount in the annuity savings fund and the variable annuity savings\\nfund, but including the amount of any unpaid moneys appropriated\\npursuant to section nine of the rules and regulations.\\n (iv) With respect to each of the city's fiscal years occurring during\\nthe period from July first, nineteen hundred seventy-five to June\\nthirtieth, nineteen hundred eighty, such term shall mean a hypothetical\\namount which, if paid to the contingent reserve fund in forty equal\\nannual installments, beginning with payment of a first installment in\\nthe city's nineteen hundred seventy-five--nineteen hundred seventy-six\\nfiscal year, would be the actuarial equivalent, on the basis of interest\\nat the rate of five and one-half per centum per annum, of the remainder\\ncomputed pursuant to items (v) and (vi) of this subparagraph.\\n (v) Upon the basis of the actuarial tables in effect as of July first,\\nnineteen hundred seventy-seven for valuation purposes and interest at\\nthe rate of five and one-half per centum per annum, there shall be\\ncomputed, as of June thirtieth, nineteen hundred seventy-five, the\\namount of the total liability for all benefits provided by the rules and\\nregulations, in article eleven of the retirement and social security law\\nand in any other law prescribing benefits payable by the retirement\\nsystem on account of all members and beneficiaries, excluding the\\nliability on account of future increased-take-home-pay contributions and\\nthe liability for benefits attributable to the annuity savings fund and\\nthe variable annuity savings fund.\\n (vi) From such total liability computed pursuant to item (v) of this\\nsubparagraph, there shall be subtracted the sum of:\\n (A) the present value, as of June thirtieth, nineteen hundred\\nseventy-five, of all future normal costs of the retirement system,\\ncomputed pursuant to the entry age normal cost method of determining\\nsuch normal costs; and\\n (B) the present value, as of such June thirtieth, of all then required\\nfuture payments, pursuant to subdivision six of section seven of the\\nrules and regulations (as then in effect), of installments of losses in\\nexcess of installments of gains on dispositions of securities within the\\nmeaning of such subdivision; and\\n (C) the sum obtained by adding together the balance sheet liability as\\nof such June thirtieth, (as such liability is determined pursuant to the\\nprovisions of subparagraphs eight to fourteen, inclusive of this\\nsub-item and the total funds on hand, as of such June thirtieth,\\nexcluding the amount in the annuity savings fund and the variable\\nannuity savings fund, but including the amount of any unpaid moneys\\nappropriated pursuant to section nine of the rules and regulations.\\n (7) \"Annual contribution, for balance sheet liability purposes, on\\naccount of amortization of losses on dispositions of certain securities\\nwithin the meaning of subdivision six of section seven of the rules and\\nregulations\". A hypothetical annual payment to the contingent reserve\\nfund in each of the city's fiscal year occurring during the period\\nbeginning on July first, nineteen hundred seventy-four and ending on\\nJune thirtieth, nineteen hundred eighty, of the amount of the excess of\\ninstallments (payable in such year) of losses on prior dispositions of\\nsecurities within the meaning of subdivision six of section seven of the\\nrules and regulations (related to graduated crediting of gains and\\namortization of losses on dispositions of certain securities) over\\ninstallments (creditable in such year) of gains on such prior\\ndispositions, which annual amount shall be determined in the manner\\nprovided for in such subdivision six.\\n (8) \"Annual contribution, for balance sheet liability purposes, on\\naccount of reserves-for-increased-take-home-pay\". A hypothetical annual\\npayment to the contingent reserve fund in each of the city's fiscal\\nyears occurring during the period from July first, nineteen hundred\\nseventy-four to June thirtieth, nineteen hundred eighty, of the amount\\nrequired to fulfill the public employer obligation, which accrued in\\nsuch year to make contributions on account of increased-take-home-pay.\\n (9) \"Annual military law contribution for balance sheet liability\\npurposes\". A hypothetical annual payment to the contingent reserve fund\\nin each of the city's fiscal years occurring during the period beginning\\non July first, nineteen hundred seventy-four and ending on June\\nthirtieth, nineteen hundred eighty, of the amount required to fulfill\\nthe public employer obligation, which accrued in such year under the\\nprovisions of subdivision twenty of section two hundred forty-three of\\nthe military law, to pay in behalf of members qualifying for such\\nbenefit member contributions with respect to certain periods of military\\nservice of such members.\\n (10) \"Deficiency contribution\". The annual amount which, under the\\nprovisions of paragraph f of subdivision three of section eight of the\\nrules and regulations, the board of education was required to pay to the\\ncontingent reserve fund in each of the city's nineteen hundred\\nseventy-four--nineteen hundred seventy-five, nineteen hundred\\nseventy-five--nineteen hundred seventy-six and nineteen hundred\\nseventy-six--nineteen hundred seventy-seven fiscal years.\\n (11) \"Contribution on account of amortization, pursuant to subdivision\\nsix of section seven of the rules and regulations, of losses on\\ndispositions of certain securities\". The total annual amount by which\\nthe sum of the installments of losses, payable pursuant to subdivision\\nsix of section seven of the rules and regulations (as in effect prior to\\nJuly first, nineteen hundred eighty) in each of the city's fiscal years\\noccurring during the period from July first, nineteen hundred\\nseventy-four to June thirtieth, nineteen hundred eighty in relation to\\ndispositions of securities within the meaning of such subdivision six,\\nexceeded the sum of the installments of gains creditable in the same\\nfiscal year in relation to the same disposition of securities.\\n (b) (1) Notwithstanding any provision of subdivision fifteen of\\nsection two of the rules and regulations or any other provision of the\\nrules and regulations or any other provision of law to the contrary, for\\nthe purpose of any actuarial valuation, determination or appraisal which\\nis made pursuant to the rules and regulations or the provisions of this\\nsubdivision sixteen and which is used to determine the amount of any\\ncontribution required to be paid by the board of education into the\\ncontingent reserve fund or pension fund of the retirement system in the\\nnineteen hundred seventy-seven--nineteen hundred seventy-eight fiscal\\nyear of the city or in any subsequent fiscal year of the city, \"regular\\ninterest\" shall mean interest as defined in this paragraph and any\\ndefinition of regular interest in such rules and regulations shall not\\napply to any such actuarial valuation, determination or appraisal.\\n (2) Subject to the provisions of item (ii) of subparagraph six of this\\nparagraph, for the purpose of any actuarial valuation, determination or\\nappraisal which is made pursuant to the rules and regulations or the\\nprovisions of this subdivision and which is used to determine the amount\\nof any contribution required to be paid by the board of education into\\nthe contingent reserve fund or pension fund of the retirement system in\\nthe nineteen hundred seventy-seven--nineteen hundred seventy-eight\\nfiscal year of the city and in each succeeding fiscal year thereof to\\nand including the nineteen hundred seventy-nine--nineteen hundred eighty\\nfiscal year thereof, \"regular interest\" shall mean interest at five and\\none-half per centum per annum, compounded annually.\\n (3) (i) Subject to the provisions of item (ii) of subparagraph six of\\nthis paragraph and except as otherwise provided in subparagraphs seven\\nto sixteen, inclusive, of paragraph (c) of this subdivision with respect\\nto determination of the amount of the balance sheet liability as of June\\nthirtieth, nineteen hundred eighty and balance sheet liability\\ncontributions, for the purpose of any actuarial valuation, determination\\nor appraisal which is made pursuant to the rules and regulations or the\\nprovisions of this subdivision and which is used to determine the amount\\nof any contribution required to be paid by the board of education into\\nthe contingent reserve fund of the retirement system in the nineteen\\nhundred eighty--nineteen hundred eighty-one fiscal year of the city and\\nin each succeeding fiscal year thereof to and including the nineteen\\nhundred eighty-one--nineteen hundred eighty-two fiscal year thereof,\\n\"regular interest\" shall mean interest at the rate of seven and one-half\\nper centum per annum, compounded annually.\\n (ii) Subject to the provisions of item (ii) of subparagraph six of\\nthis paragraph and except as otherwise provided in subparagraphs seven\\nto sixteen, inclusive, of paragraph (c) of this subdivision with respect\\nto determination of the amount of the balance sheet liability as of June\\nthirtieth, nineteen hundred eighty and balance sheet liability\\ncontributions, for the purpose of any actuarial valuation, determination\\nor appraisal which is made pursuant to the rules and regulations or the\\nprovisions of this subdivision and which is used to determine the amount\\nof any contribution required to be paid by the board of education into\\nthe contingent reserve fund of the retirement system in the nineteen\\nhundred eighty-two--nineteen hundred eighty-three fiscal year of the\\ncity and in each succeeding fiscal year thereof to and including the\\nnineteen hundred eighty-seven--nineteen hundred eighty-eight fiscal year\\nthereof, \"regular interest\" shall mean interest at the rate of eight per\\ncentum per annum, compounded annually.\\n (iii) Subject to the provisions of item (ii) of subparagraph six of\\nthis paragraph and except as otherwise provided in subparagraphs seven\\nto sixteen, inclusive, of paragraph (c) of this subdivision with respect\\nto determination of the amount of the balance sheet liability as of June\\nthirtieth, nineteen hundred eighty and balance sheet liability\\ncontributions, for the purpose of any actuarial valuation, determination\\nor appraisal which is made pursuant to the rules and regulations or the\\nprovisions of this subdivision and which is used to determine the amount\\nof any contribution required to be paid by the board of education into\\nthe contingent reserve fund of the retirement system in the nineteen\\nhundred eighty-eight--nineteen hundred eighty-nine fiscal year of the\\ncity and the nineteen hundred eighty-nine--nineteen hundred ninety\\nfiscal year thereof, \"regular interest\" shall mean interest at the rate\\nof eight and one-quarter per centum per annum, compounded annually.\\n (4) Subject to the provisions of item (ii) of subparagraph six of this\\nparagraph, and except as otherwise provided in subparagraphs seven to\\nsixteen, inclusive, of paragraph (c) of this subdivision with respect to\\ndetermination of the amount of the balance sheet liability as of June\\nthirtieth, nineteen hundred eighty and balance sheet liability\\ncontributions, for the purpose of any actuarial valuation, determination\\nor appraisal which is made pursuant to the rules and regulations or the\\nprovisions of this subdivision and which is used to determine the amount\\nof any contribution required to be paid by the board of education into\\nthe contingent reserve fund or pension fund of the retirement system in\\nthe city's nineteen hundred ninety--nineteen hundred ninety-one fiscal\\nyear and in any subsequent fiscal year thereof, \"regular interest\" shall\\nmean interest at such rate per annum, compounded annually, as shall be\\nprescribed by the legislature in section 13-638.2 of the administrative\\ncode of the city.\\n (5) On or after May first, nineteen hundred eighty-nine and no later\\nthan October thirty-first of such year the retirement board of the\\nretirement system shall submit to the governor, the temporary president\\nand minority leader of the senate, the speaker of the assembly, the\\nmajority and minority leaders of the assembly, the state superintendent\\nof financial services, the mayor of the city, and the members of the\\ncity council thereof, the written recommendations of the retirement\\nboard as to the rate of interest and effective period thereof which\\nshould be established by law as \"regular interest\" for the purpose\\nspecified in subparagraph four of this paragraph.\\n (6) (i) Subject to the provisions of item (iv) of subparagraph three\\nof paragraph (c) of this subdivision, nothing contained in subparagraphs\\none, two, three, four and five of this paragraph shall be construed as\\nprescribing, for the purpose of crediting interest to individual\\naccounts in the annuity savings fund or to\\nreserves-for-increased-take-home-pay or for any other purpose besides\\nthat specified in such subparagraphs, a rate of regular interest other\\nthan as prescribed by the applicable provisions of subdivision fifteen\\nof section two of the rules and regulations and subdivision seventeen of\\nthis section.\\n (ii) Subject to the provisions of section 13-638.2 of the\\nadministrative code of the city, nothing contained in subparagraphs two,\\nthree and four of this paragraph shall be construed as requiring the\\noriginal unfunded accrued liability contribution, as defined in item (i)\\nof subparagraph five of paragraph (c) of this subdivision, and the\\nrevised unfunded accrued liability contribution, as defined in item (ii)\\nof such subparagraph, and the nineteen hundred eighty unfunded accrued\\nliability adjustment, as defined in subparagraph six of such paragraph\\n(c), and the nineteen hundred eighty-two unfunded accrued liability\\nadjustment, as defined in such subparagraph six, to be determined in any\\nmanner other than as prescribed by the applicable provisions of such\\nitems and such subparagraph six. Subject to the provisions of such\\nsection 13-638.2, nothing contained in subparagraphs two, three and four\\nof this paragraph shall be construed as requiring any balance sheet\\nliability or balance sheet liability contribution computed pursuant to\\nthe provisions of subparagraphs seven to sixteen, inclusive, of\\nparagraph (c) of this subdivision to be determined in any manner other\\nthan as prescribed in such subparagraphs.\\n (c) (1) (i) Notwithstanding the provisions of paragraphs b and f of\\nsubdivision three of section eight of the rules and regulations or any\\nother provision of the rules and regulations or any other provision of\\nlaw to the contrary;\\n (A) the provisions of subparagraphs two, three, four and five of this\\nparagraph (c), as in effect during the period from July first, nineteen\\nhundred seventy-seven to June thirtieth, nineteen hundred eighty, shall\\ngovern the contributions payable by the board of education to the\\ncontingent reserve fund of the retirement system in the city's nineteen\\nhundred seventy-seven--nineteen hundred seventy-eight fiscal year and in\\neach city fiscal year thereafter to and including the nineteen hundred\\nseventy-nine--nineteen hundred eighty fiscal year, and no contributions\\nshall be payable by the board of education to such fund in any such\\nfiscal year other than the contributions prescribed by the applicable\\nprovisions of such subparagraphs two, three, four and five; and\\n (B) the applicable provisions of this paragraph, as in effect on and\\nafter July first, nineteen hundred eighty, and the provisions of\\nsections 13-638.2, 13-695 and 13-704 of the administrative code of the\\ncity and any other applicable laws shall govern the contributions\\npayable by the board of education to the contingent reserve fund in the\\ncity's nineteen hundred eighty--nineteen hundred eighty-one fiscal year\\nand in each city fiscal year thereafter, and no contributions shall be\\npayable by the board of education to such fund in any such fiscal year\\nother than the contributions prescribed by the applicable provisions of\\nthis paragraph and such sections and laws.\\n (ii) The contribution payable by the board of education to such\\ncontingent reserve fund in the nineteen hundred seventy-six--nineteen\\nhundred seventy-seven fiscal year of the city, including, without\\nlimitation, the contribution required by paragraph f of subdivision\\nthree of section eight of the rules and regulations, shall be governed\\nby the applicable provisions of the rules and regulations as in effect\\nimmediately prior to July first, nineteen hundred seventy-seven.\\n (2) Subject to the provisions of law referred to in sub-item (B) of\\nitem (i) of subparagraph one of this paragraph, the board of education\\nshall contribute to the contingent reserve fund:\\n (i) annually an amount computed pursuant to subparagraph four of this\\nparagraph, to be known as the \"normal contribution\"; and\\n (i-A) all unfunded accrued liability installments as required by\\nsection 13-638.2 of the administrative code of the city of New York or\\nany other provision of law; and\\n (i-B) any other payments to the contingent reserve fund as required by\\napplicable law; and\\n (ii) in each city fiscal year during the period beginning with the\\nfiscal year nineteen hundred seventy-seven--nineteen hundred\\nseventy-eight and ending on the last day of fiscal year nineteen hundred\\nseventy-nine--nineteen hundred eighty, one annual installment of an\\nadditional amount computed pursuant to item (i) of subparagraph five of\\nthis paragraph, which shall be known as the \"original unfunded accrued\\nliability contribution\"; and\\n (iii) in each city fiscal year during the period beginning with fiscal\\nyear nineteen hundred eighty--nineteen hundred eighty-one and ending on\\nthe last day of fiscal year two thousand fourteen--two thousand fifteen,\\nthe annual installment, applicable to such fiscal year, of an additional\\namount which shall be known as the revised unfunded accrued liability\\ncontribution and which shall be determined as provided for in item (ii)\\nof subparagraph five of this paragraph; and\\n (iv) in each city fiscal year during the period beginning with fiscal\\nyear nineteen hundred eighty-one--nineteen hundred eighty-two and ending\\non the last day of fiscal year two thousand twenty--two thousand\\ntwenty-one, the annual installment, applicable to such fiscal year, of\\nan additional amount which shall be known as the balance sheet liability\\ncontribution and which shall be determined as provided for in\\nsubparagraphs seven to sixteen, inclusive, of this paragraph; and\\n (v) in fiscal year nineteen hundred eighty--nineteen hundred\\neighty-one, the amount of one year's interest, at the rate of seven and\\none-half per centum per annum, on the amount of the balance sheet\\nliability as of June thirtieth, nineteen hundred eighty, as determined\\npursuant to the provisions of subparagraphs seven to fifteen, inclusive,\\nof this paragraph; and\\n (vi) in each city fiscal year, beginning with fiscal year nineteen\\nhundred eighty--nineteen hundred eighty-one and ending on the last day\\nof fiscal year nineteen hundred ninety-four--nineteen hundred\\nninety-five, the amount required to fulfill the public employer\\nobligation, which accrued in such fiscal year, to make contributions on\\naccount of increased-take-home-pay; and\\n (vii) in each city fiscal year, beginning with fiscal year nineteen\\nhundred eighty--nineteen hundred eighty-one and ending on the last day\\nof fiscal year nineteen hundred ninety-four--nineteen hundred\\nninety-five, the amount required to fulfill the public employer\\nobligation, which accrued in such fiscal year under the provisions of\\nsubdivision twenty of section two hundred forty-three of the military\\nlaw, to pay in behalf of members qualifying for such benefit, member\\ncontributions with respect to certain periods of the military service of\\nsuch members.\\n (3) (i) If the nineteen hundred eighty unfunded accrued liability\\nadjustment determined pursuant to subparagraph six of this paragraph is\\na credit, the total of the amounts required to be contributed to the\\ncontingent reserve fund in each city fiscal year, commencing with the\\nnineteen hundred eighty--nineteen hundred eighty-one fiscal year and\\nending with the two thousand nine--two thousand ten fiscal year,\\npursuant to items (i), (iii), (iv), (v), (vi) and (vii) of subparagraph\\ntwo of this paragraph shall be reduced by the amount of one annual\\ninstallment of such nineteen hundred eighty unfunded accrued liability\\nadjustment.\\n (ii) (A) If the nineteen hundred eighty unfunded accrued liability\\nadjustment determined pursuant to such subparagraph six is a charge, the\\nboard of education shall contribute in each city fiscal year, commencing\\nwith the nineteen hundred eighty--nineteen hundred eighty-one fiscal\\nyear and ending with the two thousand nine--two thousand ten fiscal\\nyear, in addition to the amounts required to be contributed under the\\nprovisions of subparagraph two of this paragraph (c), one annual\\ninstallment of such nineteen hundred eighty unfunded accrued liability\\nadjustment.\\n (B) The total of the amounts required to be contributed to the\\ncontingent reserve fund in each city fiscal year commencing with the\\nnineteen hundred eighty-two--nineteen hundred eighty-three fiscal year\\nand ending with the two thousand eleven--two thousand twelve fiscal year\\npursuant to items (i), (iii), (iv), (vi) and (vii) of subparagraph (2)\\nof this paragraph (c) and the applicable provisions of item (i) of this\\nsubparagraph (3) and sub-item (A) of this item (ii) and otherwise\\npursuant to law shall be reduced by the amount of one annual installment\\nof the nineteen hundred eighty-two unfunded accrued liability adjustment\\ndetermined pursuant to item (vi) of subparagraph (6) of this paragraph\\n(c).\\n (C) The total of the amounts required to be contributed to the\\ncontingent reserve fund in each city fiscal year commencing with the\\nnineteen hundred eighty-five--nineteen hundred eighty-six fiscal year\\nand ending with the two thousand fourteen--two thousand fifteen fiscal\\nyear pursuant to items (i), (iii), (iv), (vi) and (vii) of subparagraph\\n(2) of this paragraph (c) and the applicable provisions of item (i) of\\nthis subparagraph (3) and sub-item (A) of this item (ii) and otherwise\\npursuant to law shall be reduced by the amount of one annual installment\\nof the nineteen hundred eighty-five unfunded accrued liability\\nadjustment determined pursuant to item (vii) of subparagraph (6) of this\\nparagraph (c).\\n (iii) Any amount required by the provisions of items (iii), (iv), (vi)\\nand (vii) of subparagraph two of this paragraph and subdivision six of\\nsection seven of the rules and regulations to be contributed to the\\ncontingent reserve fund in the city's nineteen hundred eighty--nineteen\\nhundred eighty-one fiscal year or any subsequent fiscal year shall be\\npayable with interest on such amount at a rate per centum per annum\\nequal to the rate per centum per annum required to be used for the\\npurpose of any actuarial valuation, determination or appraisal made to\\ndetermine the amount of the normal contribution payable to the\\ncontingent reserve fund in such fiscal year.\\n (iv) Any amount required to be contributed to the contingent reserve\\nfund in any fiscal year of the city preceding the nineteen hundred\\neighty--nineteen hundred eighty-one fiscal year shall be deemed to have\\nbeen required to be paid with interest on such amount at a rate per\\ncentum per annum equal to the rate per centum per annum required to be\\nused for the purpose of any actuarial valuation, determination or\\nappraisal made to determine the amount of the normal contribution\\npayable to the contingent reserve fund in such fiscal year.\\n (v) It is hereby declared that the provisions of items (iii) and (iv)\\nof this subparagraph three, insofar as they relate to provisions of the\\nrules and regulations or of this subdivision or other laws requiring\\npayment of employer contributions to the retirement system prior to the\\neffective date of this subparagraph, express the intent of such\\nprovisions of the rules and regulations or this subdivision or other\\nlaws requiring such payment.\\n (vi) For the purpose of effectuating the nineteen hundred eighty-eight\\nunfunded accrued liability adjustment provided for in section 13-638.1\\nof the administrative code of the city of New York, contributions to the\\ncontingent reserve fund on account of charges shall be made by the\\nresponsible obligor (as defined in paragraph six of subdivision a of\\nsuch section) or credits shall be allowed to such obligor against\\ncontributions otherwise payable by such obligor, as the case may be, to\\nthe extent and in the manner provided for in such section. The annual\\ndetermination of the normal contribution for fiscal years occurring\\nduring the period beginning on July first, nineteen hundred eighty-eight\\nand ending on June thirtieth, nineteen hundred ninety-eight shall\\nappropriately take account of the nineteen hundred eighty-eight unfunded\\naccrued liability adjustment and the provisions of subparagraph four of\\nthis paragraph (c) shall be deemed to be conformably modified for such\\npurpose.\\n (vii) The board of education and all other responsible obligors (as\\ndefined in paragraph ten of subdivision a of section 13-638.2 of the\\nadministrative code of the city of New York) shall make all payments to\\nthe retirement system required by applicable law in accordance with the\\ntime of payment requirements set forth in paragraph (j) of this\\nsubdivision. Any responsible obligor which does not make all or any\\nportion of such required payments to the retirement system in a timely\\nmanner in fiscal year two thousand twelve--two thousand thirteen, or in\\nany fiscal year thereafter, shall be required to pay interest to the\\nretirement system on such overdue amounts, as determined by the actuary.\\nThe actuary shall determine, at such time as he or she deems\\nappropriate, interest payments on such overdue amounts using a rate of\\ninterest equivalent to the valuation rate of interest (as defined in\\nparagraph eleven of subdivision a of section 13-638.2 of the\\nadministrative code of the city of New York). Responsible obligors shall\\nmake such interest payments on overdue amounts to the retirement system\\nin the manner and at such time as the actuary deems appropriate.\\n (4) Normal contribution. (i) Notwithstanding the succeeding\\nprovisions of this item or the provisions of item (i-A), (ii), (iii) or\\n(iv) of this subparagraph, for fiscal year two thousand eleven--two\\nthousand twelve, and for each fiscal year thereafter, the amount of the\\nnormal contribution payable to the contingent reserve fund shall be\\ndetermined pursuant to the provisions of item (v) of this subparagraph.\\nUpon the basis of the latest mortality and other tables authorized by\\nthe applicable provisions of the rules and regulations and regular\\ninterest, the actuary shall determine, as of June thirtieth, nineteen\\nhundred eighty and as of each succeeding June thirtieth, the amount of\\nthe total liability for all benefits provided in the rules and\\nregulations, in articles eleven and fourteen of the retirement and\\nsocial security law and in any other law prescribing benefits payable by\\nthe retirement system on account of all members and beneficiaries,\\nexcluding the liability on account of future increased-take-home-pay\\ncontributions, if any, and the liability for benefits attributable to\\nthe annuity savings fund and to the variable annuity savings fund,\\nprovided, however, that in determining such total liability as of June\\nthirtieth, nineteen hundred ninety-five and as of each succeeding June\\nthirtieth, the actuary shall include (A) the liability on account of\\nfuture increased-take-home-pay contributions, if any, (B) the liability\\non account of future public employer obligations under the provisions of\\nsubdivision twenty of section two hundred forty-three of the military\\nlaw, to pay in behalf of members qualifying for such benefit, member\\ncontributions with respect to certain periods of the military service of\\nsuch members and (C) the liability for benefits attributable to the\\nannuity savings fund and to the variable annuity savings fund, and\\nprovided further that in determining such total liability as of June\\nthirtieth, nineteen hundred ninety-nine and as of each succeeding June\\nthirtieth, the actuary shall include any other liability, as determined\\nby the actuary, for benefits attributable to the variable annuity\\nprograms, and provided further that in determining such total liability\\nas of June thirtieth, two thousand and as of each succeeding June\\nthirtieth, the actuary shall include the amount, if any, as estimated by\\nthe actuary, of the total liability of the retirement system on account\\nof payments which the retirement system may be required to make to any\\nother fund without a corresponding offset in the liabilities of the\\nretirement system.\\n (i-A) Notwithstanding any other provision of law to the contrary, for\\nthe purpose of calculating the amount of the normal contribution\\nannually due from the board of education to the contingent reserve fund\\npursuant to item (iv) of this subparagraph in fiscal year two thousand\\nfive--two thousand six, and in each fiscal year thereafter, both the\\ntotal liability of the retirement system, as calculated by the actuary\\nin accordance with item (i) of this subparagraph, and the normal rate of\\ncontribution, as calculated by the actuary in accordance with items (ii)\\nand (iii) of this subparagraph, shall be determined as of June thirtieth\\nof the second fiscal year preceding the fiscal year in which the normal\\ncontribution is payable, provided, however, that (A) the actuary shall\\nuse for such calculations the mortality and other tables that are\\napplicable at the time he or she performs such calculations; (B) the\\ntotal funds on hand, as determined by the actuary pursuant to clause\\nfive of sub-item (A) of item (ii) of this subparagraph, shall be\\nadjusted by adding to such amount the present value of all employer\\ncontributions required to be paid into the contingent reserve fund in\\nthe fiscal year next preceding the fiscal year in which the normal\\ncontribution is payable, as determined by the actuary; and (C) the\\npresent value of the prospective future salaries of all members, as\\ncomputed by the actuary for the purposes of sub-item (C) of item (ii) of\\nthis subparagraph, shall be reduced by the present value of the salaries\\nexpected to be paid to all members in the fiscal year next preceding the\\nfiscal year in which the normal contribution is payable, as determined\\nby the actuary.\\n (ii) The normal rate of contribution shall be the rate per centum\\nobtained:\\n (A) by adding together:\\n (1) (a) the amount obtained by adding together the present value of\\nall required future revised unfunded accrued liability contributions and\\nthe present value of all required future payments of the nineteen\\nhundred eighty unfunded accrued liability adjustment, determined\\npursuant to subparagraph six of this paragraph, if such adjustment is a\\ncharge; or\\n (b) the remainder obtained by subtracting from the present value of\\nall required future revised unfunded accrued liability contributions,\\nthe present value of all future installments of the nineteen hundred\\neighty unfunded accrued liability adjustment required to be credited, if\\nsuch nineteen hundred eighty adjustment is a credit;\\n (c) minus (whether (a) or (b) immediately preceding is applicable) the\\nsum of the present value of all future installments of the nineteen\\nhundred eighty-two unfunded accrued liability adjustment and the present\\nvalue of all future installments of the nineteen hundred eighty-five\\nunfunded accrued liability adjustment; and\\n (2) the present value of all required future balance sheet liability\\ncontributions, plus, in the case of the determination of the normal\\ncontribution payable in fiscal year nineteen hundred eighty--nineteen\\nhundred eighty-one, the present value, as of June thirtieth, nineteen\\nhundred eighty, of the payment of interest on the balance sheet\\nliability as required by item (v) of subparagraph two of this paragraph\\n(c); and\\n (3) the present value of all required future payments, pursuant to\\nsubdivision six of section seven of the rules and regulations, of\\ninstallments of losses in excess of installments of gains on\\ndispositions of securities within the meaning of such subdivision; and\\n (4) in the case of the determination of the normal contribution\\npayable in each fiscal year commencing with fiscal year nineteen hundred\\nninety-five--nineteen hundred ninety-six, the present value of future\\nmember contributions of all members; and\\n (5) the total funds on hand, including the amount of any unpaid money\\nappropriated pursuant to section nine of the rules and regulations and,\\nin the case of the determination of the normal contribution payable in\\neach fiscal year commencing with fiscal year nineteen hundred\\nninety-five--nineteen hundred ninety-six, including the amount in the\\nannuity savings fund and in the variable annuity savings fund; and\\n (6) the present value of all other future installments of accrued\\nliability contributions to the retirement system required by the\\napplicable provisions of section 13-638.2 of the administrative code of\\nthe city of New York which are not covered by the preceding paragraphs\\nof this subitem (A); and\\n (B) by subtracting from the amount of the total liability determined\\npursuant to item (i) of this subparagraph the sum resulting from the\\naddition prescribed by sub-item (A) of this item; and\\n (C) by dividing the remainder resulting from the applicable\\nsubtraction prescribed by sub-item (B) of this item by one per centum of\\nthe present value of the prospective future salaries of all members, as\\ncomputed by the actuary on the basis of the latest mortality and service\\ntables adopted pursuant to subdivision two of section five of the rules\\nand regulations, and on the basis of regular interest.\\n (iii) The normal rate of contribution determined by the actuary shall\\nnot be less than zero, shall be certified by the actuary after a\\nvaluation and shall continue in force until the next succeeding\\nvaluation and certification. The actuary shall make a valuation, as of\\nJune thirtieth of each year, of the assets and liabilities of the\\nvarious funds created by the rules and regulations.\\n (iv)(A) The amount of the normal contribution annually due from the\\nboard of education to the contingent reserve fund in each city fiscal\\nyear, commencing with the nineteen hundred eighty--nineteen hundred\\neighty-one fiscal year and ending with the two thousand four--two\\nthousand five fiscal year, shall be the amount obtained by multiplying\\nthe normal rate of contribution, as determined by the actuary as of June\\nthirtieth next preceding such fiscal year, by the aggregate annual\\nsalaries of the members on such June thirtieth next preceding such\\nfiscal year in which such amount is due and shall be payable in such\\nfiscal year next following such June thirtieth, together with such\\nregular interest thereon which may be due, if any, as calculated by the\\nactuary.\\n (B) The amount of the normal contribution annually due from the board\\nof education to the contingent reserve fund in each city fiscal year,\\ncommencing with the two thousand five--two thousand six fiscal year,\\nshall be the amount obtained by multiplying the normal rate of\\ncontribution, as determined by the actuary as of the second June\\nthirtieth preceding the fiscal year in which the normal contribution is\\npayable, in accordance with the provisions of items (i-A), (ii) and\\n(iii) of this subparagraph, by the aggregate amount of the salaries\\nexpected to be paid to the members during the fiscal year in which the\\nnormal contribution is payable, as determined by the actuary, and such\\nnormal contribution shall be payable in the second fiscal year following\\nthe June thirtieth as of which the normal rate of contribution is\\ndetermined, together with such regular interest thereon which may be\\ndue, if any, as calculated by the actuary.\\n (C) In the case of the normal contribution payable in the nineteen\\nhundred eighty--nineteen hundred eighty-one fiscal year and in any\\nsubsequent fiscal year, the term \"regular interest,\" as used in this\\nitem (iv) shall mean regular interest as defined by the applicable\\nprovisions of subparagraph three or subparagraph four of paragraph (b)\\nof this subdivision.\\n (v) (A) Notwithstanding the preceding items of this subparagraph or\\nany other provision of law to the contrary, the normal contribution\\npayable to the contingent reserve fund in fiscal year two thousand\\neleven--two thousand twelve, and in each fiscal year thereafter, shall\\nbe the entry age normal contribution, as determined by the actuary\\npursuant to this item in a manner consistent with the entry age\\nactuarial cost method. The actuary shall determine the entry age normal\\ncontribution for each such fiscal year as of June thirtieth of the\\nsecond fiscal year preceding the fiscal year in which such normal\\ncontribution is payable, based on the latest mortality and other tables\\napplicable at the time he or she performs such calculations, and the\\nvaluation rate of interest as provided for the retirement system in\\nparagraph two of subdivision b of section 13-638.2 of the administrative\\ncode of the city of New York.\\n (B) In calculating the entry age normal contribution payable in any\\nsuch fiscal year pursuant to this item, the actuary, in his or her\\ndiscretion, may make certain adjustments in the calculation methodology,\\nprovided that such adjustments are generally accepted as consistent with\\nthe entry age actuarial cost method, and are designed, in general, to\\nfund, on a level basis over the working lifetimes of members from their\\nages at entry, the actuarial present value of benefits to which such\\nmembers are expected to become entitled, as determined by the actuary.\\nSuch generally accepted adjustments in the calculation methodology, in\\nthe discretion of the actuary, may include, but are not limited to, the\\ncalculation of the entry age normal contribution (1) on an individual\\nmember basis by calculating the amount of the entry age normal\\ncontribution attributable to each individual member, and then adding\\ntogether such individual member amounts, (2) on an aggregate basis for\\nall members or (3) on any combination of an individual member basis and\\nan aggregate basis which is consistent with the entry age actuarial cost\\nmethod, and the preceding provisions of this sub-item.\\n (C) For each such fiscal year, the actuary, in his or her discretion,\\nshall determine, in accordance with the provisions of sub-item (B) of\\nthis item, the methodology for calculating the entry age normal\\ncontribution payable for that particular fiscal year.\\n (D) The methodology determined by the actuary in accordance with\\nsub-item (C) of this item may provide for the actuary to calculate the\\nentry age normal contribution on an individual member basis by (1)\\nmultiplying the entry age normal contribution rate for each individual\\nmember, as determined by the actuary, by the salary expected to be paid\\nto that member during the fiscal year in which such normal contribution\\nis payable, and (2) calculating the sum of the individual entry age\\nnormal contributions attributable to all such members. The actuary, in\\nhis or her discretion, may make any adjustments to such methodology for\\ndetermining the entry age normal contribution on an individual basis\\nwhich he or she deems appropriate, and which are consistent with the\\nprovisions of sub-item (B) of this item.\\n (E) In the alternative, the methodology determined by the actuary in\\naccordance with sub-item (C) of this item may provide for the actuary to\\ncalculate the entry age normal contribution on an aggregate basis by\\nmultiplying the entry age normal contribution rate for all members in\\nthe aggregate, as determined by the actuary, by the aggregate amount of\\nthe salaries expected to be paid to all members during the fiscal year\\nin which the normal contribution is payable. The actuary, in his or her\\ndiscretion, may make any adjustments to such methodology for determining\\nthe entry age normal contribution on an aggregate basis which he or she\\ndeems appropriate, and which are consistent with the provisions of\\nsub-item (B) of this item.\\n (F) In the alternative, the methodology determined by the actuary in\\naccordance with sub-item (C) of this item may provide for the\\ncalculation of the entry age normal contribution on any other basis\\nwhich the actuary deems appropriate, and which is consistent with the\\nentry age actuarial cost method and the provisions of sub-item (B) of\\nthis item.\\n (G) (1) Where the methodology determined by the actuary in accordance\\nwith sub-item (C) of this item requires the determination of an entry\\nage normal contribution rate for each individual member in order to\\ncalculate the entry age normal contribution for each individual member,\\nthe actuary shall determine such rate for each such member in accordance\\nwith the entry age actuarial cost method, and such rate, as determined\\nby the actuary for each such member, shall be consistent with a method\\ndesigned, in general, to fund, on a level basis over the working\\nlifetime of that particular member from his or her age at entry, the\\nactuarial present value of benefits to which such member is expected to\\nbecome entitled, as determined by the actuary.\\n (2) Where the methodology determined by the actuary in accordance with\\nsub-item (C) of this item requires the determination of an entry age\\nnormal contribution rate for all members in the aggregate in order to\\ncalculate the entry age normal contribution for all members in the\\naggregate, the actuary shall determine such rate in accordance with the\\nentry age actuarial cost method, and such rate, as determined by the\\nactuary, shall be consistent with a method designed, in general, to\\nfund, on a level basis over the working lifetimes of members from their\\nages at entry, the actuarial present value of benefits to which such\\nmembers are expected to become entitled, as determined by the actuary.\\n (5) Unfunded accrued liability contributions.--(i) The original\\nunfunded accrued liability contribution shall be an amount which, if\\npaid to the contingent reserve fund in forty equal annual installments,\\ncommencing with payment of a first installment in the city's nineteen\\nhundred seventy-seven--nineteen hundred seventy-eight fiscal year, would\\nbe the actuarial equivalent, on the basis of five and one-half percentum\\ninterest and the actuarial tables in effect as of July first, nineteen\\nhundred seventy-seven, of the difference between (A) the accrued\\nliability (excluding the liability for benefits attributable to the\\nannuity savings fund and the variable annuity savings fund) on June\\nthirtieth, nineteen hundred seventy-five and (B) the total funds on\\nhand, excluding the amount in the annuity savings fund and the variable\\nannuity savings fund, but including the amount of any unpaid moneys\\nappropriated pursuant to section nine of the rules and regulations. No\\ncontribution or payment to the contingent reserve fund of the retirement\\nsystem shall be made under the provisions of paragraph f of subdivision\\nthree of section eight of the rules and regulations in the nineteen\\nhundred seventy-seven--nineteen hundred seventy-eight fiscal year of the\\ncity or in any subsequent city fiscal year. The provisions of such\\nparagraph f shall cease to be effective on July first, nineteen hundred\\nseventy-seven.\\n (ii) (A) The revised unfunded accrued liability contribution shall be\\nan amount determined as prescribed in sub-items (B), (C), (D), (E), (F),\\n(G), (H), (I) and (J) of this item.\\n (B) To the amount of the difference constituting the unfunded accrued\\nliability as of June thirtieth, nineteen hundred seventy-five heretofore\\ndetermined pursuant to the provisions of this subparagraph, as in effect\\non July first, nineteen hundred seventy-seven, there shall be added\\ninterest thereon at the rate of five and one-half per centum per annum\\nfor the period from July first, nineteen hundred seventy-five to June\\nthirtieth, nineteen hundred eighty.\\n (C) There shall be computed, in the manner provided in sub-item (D) of\\nthis item, the discounted value of each of the installments of the\\nunfunded accrued liability contribution which, in the absence of the\\nenactment of chapter nine hundred fifty-seven of the laws of nineteen\\nhundred eighty-one, were payable or would have been payable in the\\ncity's nineteen hundred seventy-seven--nineteen hundred seventy-eight,\\nnineteen hundred seventy-eight--nineteen hundred seventy-nine, nineteen\\nhundred seventy-nine--nineteen hundred eighty, nineteen hundred\\neighty--nineteen hundred eighty-one and nineteen hundred\\neighty-one--nineteen hundred eighty-two fiscal years.\\n (D) Such discounted value of each such installment referred to in\\nsub-item (C) of this item shall be computed as of January first of the\\ncity's second fiscal year preceding the fiscal year in which such\\ninstallment was payable or would have been payable and on the basis of\\nfive and one-half per centum interest per annum on the amount of such\\ninstallment.\\n (E) There shall be computed with respect to such discounted value of\\neach such installment, interest thereon from January first of such\\nsecond fiscal year preceding the fiscal year in which such installment\\nwas or would have been payable to June thirtieth, nineteen hundred\\neighty at the rate of five and one-half per centum per annum.\\n (F) The discounted values of all of such installments with respect to\\nsuch fiscal years, computed as provided for in sub-items (C) and (D) of\\nthis item, together with interest on each such installment as provided\\nfor in sub-item (E) of this item, shall be added together.\\n (G) From the sum computed pursuant to sub-item (B) of this item, the\\nsum computed pursuant to sub-item (F) of this item shall be subtracted.\\n (H) With respect to each city fiscal year occurring during the period\\nbeginning on July first, nineteen hundred eighty and ending on June\\nthirtieth, nineteen hundred eighty-two, the revised unfunded accrued\\nliability contribution shall be the annual installment, applicable to\\nsuch fiscal year, of an amount which, if paid to the contingent reserve\\nfund in thirty-five equal annual installments, commencing with payment\\nof a first installment in the city's nineteen hundred eighty--nineteen\\nhundred eighty-one fiscal year, would be the actuarial equivalent, on\\nthe basis of seven and one-half per centum interest per annum, of the\\nremainder computed pursuant to sub-item (G) of this item.\\n (I) With respect to each city fiscal year occurring during the period\\nbeginning on July first, nineteen hundred eighty-two and ending on June\\nthirtieth, nineteen hundred eighty-eight, the revised unfunded accrued\\nliability contribution shall be the annual installment, applicable to\\nsuch fiscal year, of an amount which, if paid to the contingent reserve\\nfund in thirty-three equal annual installments, commencing with payment\\nof a first installment in the city's nineteen hundred\\neighty-two--nineteen hundred eighty-three fiscal year, would be the\\nactuarial equivalent, on the basis of eight per centum interest per\\nannum, of the present value, as of June thirtieth, nineteen hundred\\neighty-two on the basis of seven and one-half per centum interest per\\nannum, of those installments of the unfunded accrued liability\\ncontribution computed pursuant to sub-item (H) of this item (ii), which\\ninstallments are hypothetically allocated by such sub-item (H) to\\ndesignated city fiscal years succeeding June thirtieth, nineteen hundred\\neighty-two.\\n (J) With respect to each city fiscal year occurring during the period\\nbeginning on July first, nineteen hundred eighty-eight and ending on\\nJune thirtieth, two thousand fifteen, the revised unfunded accrued\\nliability contribution shall be the annual installment, applicable to\\nsuch fiscal year, of an amount which, when paid to the contingent\\nreserve fund in twenty-seven equal annual installments, commencing with\\npayment of a first installment in the city's nineteen hundred\\neighty-eight -- nineteen hundred eighty-nine fiscal year, shall be the\\nactuarial equivalent, on the basis of eight and one-quarter per centum\\ninterest per annum, of the present value, as of June thirtieth, nineteen\\nhundred eighty-eight on the basis of eight per centum interest per\\nannum, of those installments of the unfunded accrued liability\\ncontribution computed pursuant to sub-item (I) of this item (ii), which\\ninstallments are hypothetically allocated by such sub-item (I) to\\ndesignated city fiscal years succeeding June thirtieth, nineteen hundred\\neighty-eight.\\n (6) (i) The nineteen hundred eighty unfunded accrued liability\\nadjustment shall be an amount determined as prescribed in items (ii),\\n(iii), (iv) and (v) of this subparagraph.\\n (ii) (A) Upon the basis of the actuarial tables in effect as of June\\nthirtieth, nineteen hundred eighty for valuation purposes and interest\\nat the rate of seven and one-half per centum per annum, there shall be\\ndetermined, as of June thirtieth, nineteen hundred eighty, the amount of\\nthe total liability for all benefits provided in the rules and\\nregulations, in articles eleven and fourteen of the retirement and\\nsocial security law and in any other law prescribing benefits payable by\\nthe retirement system on account of all members and beneficiaries,\\nexcluding the liability on account of future increased-take-home pay\\ncontributions, if any, and the liability for benefits attributable to\\nthe annuity savings fund and to the variable annuity savings fund.\\n (B) From such total liability computed pursuant to sub-item (A) of\\nthis item, there shall be subtracted the sum of:\\n (1) the present value, as of June thirtieth, nineteen hundred eighty,\\nof all future normal costs of the retirement system, computed pursuant\\nto the entry age normal cost method of determining such normal costs;\\nand\\n (2) the present value, as of such June thirtieth, of all future\\ninstallments of the balance sheet liability contribution (as defined in\\nsubparagraph sixteen of this paragraph); and\\n (3) the present value, as of such June thirtieth, of all then required\\nfuture payments, pursuant to subdivision six of section seven of the\\nrules and regulations, of installments of losses in excess of\\ninstallments of gains on dispositions of securities within the meaning\\nof such subdivision; and\\n (4) the present value, as of such June thirtieth, of future member\\ncontributions of members subject to article fourteen of the retirement\\nand social security law; and\\n (5) the total funds on hand as of such June thirtieth, excluding the\\namount in the annuity savings fund and variable annuity savings fund,\\nbut including the amount of any unpaid moneys appropriated pursuant to\\nsection nine of the rules and regulations.\\n (iii) (A) If the amount computed pursuant to sub-item (B) of item (ii)\\nof this subparagraph is larger than the amount computed pursuant to\\nsub-item (G) of item (ii) of subparagraph five of this paragraph, the\\nlatter amount shall be subtracted from the former amount and the\\nremainder resulting from such subtraction shall constitute a charge.\\n (B) If the amount computed pursuant to sub-item (B) of item (ii) of\\nthis subparagraph is smaller than the amount computed pursuant to\\nsub-item (G) of item (ii) of subparagraph five of this paragraph, the\\nformer amount shall be subtracted from the latter amount and the\\nremainder resulting from such subtraction shall constitute a credit.\\n (iv) (A) If the remainder computed pursuant to item (iii) of this\\nsubparagraph is a charge, the nineteen hundred eighty unfunded accrued\\nliability adjustment shall be an amount which, if paid to the contingent\\nreserve fund in thirty equal annual installments, commencing with\\npayment of a first installment in the city's nineteen hundred\\neighty--nineteen hundred eighty-one fiscal year, would be the actuarial\\nequivalent, on the basis of seven and one-half per centum interest per\\nannum, of such remainder.\\n (B) If the remainder computed pursuant to item (iii) of this\\nsubparagraph is a credit, the nineteen hundred eighty unfunded accrued\\nliability adjustment shall be an amount which, if credited in thirty\\nequal annual installments (the first of which installments is to be\\ncredited in the city's nineteen hundred eighty--nineteen hundred\\neighty-one fiscal year) in reduction of the amounts which the board of\\neducation would otherwise be required to pay to the contingent reserve\\nfund pursuant to items (i), (iii), (iv), (v), (vi) and (vii) of\\nsubparagraph two of this paragraph, would be the actuarial equivalent,\\non the basis of seven and one-half per centum interest per annum, of\\nsuch remainder.\\n (v) (A) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each of the city's nineteen\\nhundred eighty--nineteen hundred eighty-one and nineteen hundred\\neighty-one--nineteen hundred eighty-two fiscal years, the annual\\ninstallment of the nineteen hundred eighty unfunded accrued liability\\nadjustment computed pursuant to item (iv) of this subparagraph (6),\\nwhich installment is applicable to such fiscal years, shall be applied\\nas a charge or a credit, as the case may be, in relation to such\\ncontributions payable in such fiscal year.\\n (B) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each city fiscal year\\noccurring during the period beginning on July first, nineteen hundred\\neighty-two and ending on June thirtieth, nineteen hundred eighty-eight,\\nthe nineteen hundred eighty unfunded accrued liability adjustment shall\\nbe an amount which, if paid (if a charge) or credited (if a credit) in\\ntwenty-eight equal annual installments, commencing with a payment or\\ncredit, as the case may be, in the city's nineteen hundred\\neighty-two--nineteen hundred eighty-three fiscal year, would be the\\nactuarial equivalent, on the basis of eight per centum interest per\\nannum, of the present value, as of June thirtieth, nineteen hundred\\neighty-two on the basis of seven and one-half per centum interest per\\nannum, of those installments of the nineteen hundred eighty unfunded\\naccrued liability adjustment computed pursuant to item (iv) of this\\nsubparagraph (6), which installments are hypothetically allocated by\\nsuch item (iv) to designated city fiscal years succeeding June\\nthirtieth, nineteen hundred eighty-two.\\n (C) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each city fiscal year\\noccurring during the period beginning on July first, nineteen hundred\\neighty-eight and ending on June thirtieth, two thousand ten, the\\nnineteen hundred eighty unfunded accrued liability adjustment shall be\\nan amount which, when paid (if a charge) or credited (if a credit) in\\ntwenty-two equal annual installments, commencing with a payment or\\ncredit, as the case may be, in the city's nineteen hundred\\neighty-eight--nineteen hundred eighty-nine fiscal year, shall be the\\nactuarial equivalent, on the basis of eight and one-quarter per centum\\ninterest per annum, of the present value, as of June thirtieth, nineteen\\nhundred eighty-eight on the basis of eight per centum interest per\\nannum, of those installments of the nineteen hundred eighty unfunded\\naccrued liability adjustment computed pursuant to sub-item (B) of this\\nitem (v), which installments are hypothetically allocated by such\\nsub-item (B) to designated city fiscal years succeeding June thirtieth,\\nnineteen hundred eighty-eight.\\n (D) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each of such city fiscal years\\nreferred to in sub-item (B) or sub-item (C) of this item (v), the annual\\ninstallment of the nineteen hundred eighty unfunded accrued liability\\nadjustment computed pursuant to sub-item (B) or sub-item (C) of this\\nitem (v), which installment is applicable to such fiscal year, shall be\\napplied as a charge or credit, as the case may be, in relation to such\\ncontributions payable in such fiscal year.\\n (vi) (A) The nineteen hundred eighty-two unfunded accrued liability\\nadjustment shall be an amount determined as prescribed in sub-items (B),\\n(C), (D) and (E) of this item (vi).\\n (B) Upon the basis of the actuarial tables in effect as of June\\nthirtieth, nineteen hundred eighty-one for valuation purposes and\\ninterest at the rate of seven and one-half per centum per annum, there\\nshall be determined, as of June thirtieth, nineteen hundred eighty-two,\\nthe amount of the actuarial accrued liability of the retirement system,\\ncomputed pursuant to the entry age normal cost method of ascertaining\\nsuch actuarial accrued liability.\\n (C) Upon the basis of the actuarial tables in effect as of June\\nthirtieth, nineteen hundred eighty-two for valuation purposes and\\ninterest at the rate of eight per centum per annum, there shall be\\ndetermined, as of June thirtieth, nineteen hundred eighty-two, the\\namount of the actuarial accrued liability of the retirement system,\\ncomputed pursuant to the entry age normal cost method of ascertaining\\nsuch actuarial accrued liability.\\n (D) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each city fiscal year\\noccurring during the period beginning on July first, nineteen hundred\\neighty-two and ending on June thirtieth, nineteen hundred eighty-eight,\\nthe nineteen hundred eighty-two unfunded accrued liability adjustment\\nshall be the applicable installments of an amount which, if credited in\\nthirty equal annual installments (the first of which installments is to\\nbe credited in the city's nineteen hundred eighty-two--nineteen hundred\\neighty-three fiscal year) in reduction of the amounts which the board of\\neducation would otherwise be required to pay to the contingent reserve\\nfund pursuant to items (i), (iii), (iv), (vi) and (vii) of subparagraph\\n(2) of paragraph (c) of this subdivision sixteen or otherwise pursuant\\nto law, would be the actuarial equivalent, on the basis of eight per\\ncentum interest per annum, of the excess of the amount computed pursuant\\nto sub-item (B) of this item (vi) over the amount computed pursuant to\\nsub-item (C) of this item (vi).\\n (E) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each city fiscal year\\noccurring during the period beginning on July first, nineteen hundred\\neighty-eight and ending on June thirtieth, two thousand twelve, the\\nnineteen hundred eighty-two unfunded accrued liability adjustment shall\\nbe an amount which, when credited in twenty-four equal annual\\ninstallments (the first of which installments is to be credited in the\\ncity's nineteen hundred eighty-eight--nineteen hundred eighty-nine\\nfiscal year) in reduction of the amounts which the board of education\\nwould otherwise be required to pay to the contingent reserve fund\\npursuant to items (i), (iii), (iv), (vi) and (vii) of subparagraph (2)\\nof paragraph (c) of this subdivision sixteen or otherwise pursuant to\\nlaw, shall be the actuarial equivalent, on the basis of eight and\\none-quarter per centum interest per annum, of the present value, as of\\nJune thirtieth, nineteen hundred eighty-eight on the basis of eight per\\ncentum interest per annum, of those installments of the nineteen hundred\\neighty-two unfunded accrued liability adjustment computed pursuant to\\nsub-item (d) of this item (vi), which installments are hypothetically\\nallocated by such sub-item (D) to designated city fiscal years\\nsucceeding June thirtieth, nineteen hundred eighty-eight.\\n (vii) (A) The nineteen hundred eighty-five unfunded accrued liability\\nadjustment shall be an amount determined as prescribed in sub-items (B),\\n(C), (D) and (E) of this item (vii).\\n (B) Upon the basis of the actuarial tables in effect for valuation\\npurposes with respect to determination of the normal contribution\\npayable to the contingent reserve fund in the city's nineteen hundred\\neighty-four--nineteen hundred eighty-five fiscal year and interest at\\nthe rate of eight per centum per annum, there shall be determined as of\\nJune thirtieth, nineteen hundred eighty-five, the amount of the\\nactuarial accrued liability of the retirement system, computed pursuant\\nto the entry age normal cost method of ascertaining such actuarial\\naccrued liability.\\n (C) Upon the basis of the actuarial tables in effect for valuation\\npurposes with respect to determination of the normal contribution\\npayable to the contingent reserve fund in the city's nineteen hundred\\neighty-five--nineteen hundred eighty-six fiscal year and interest at the\\nrate of eight per centum per annum, there shall be determined, as of\\nJune thirtieth, nineteen hundred eighty-five, the amount of the\\nactuarial accrued liability of the retirement system, computed pursuant\\nto the entry age normal costs method of ascertaining such actuarial\\naccrued liability.\\n (D) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each city fiscal year\\noccurring during the period beginning on July first, nineteen hundred\\neighty-five and ending on June thirtieth, nineteen hundred eighty-eight,\\nthe nineteen hundred eighty-five unfunded accrued liability adjustment\\nshall be the applicable installments of an amount which, if credited in\\nthirty equal annual installments (the first of which installments is to\\nbe credited in the city's nineteen hundred eighty-five--nineteen hundred\\neighty-six fiscal year) in reduction of the amounts which the board of\\neducation would otherwise be required to pay to the contingent reserve\\nfund pursuant to items (i), (iii), (iv), (vi) and (vii) of subparagraph\\n(2) of this paragraph (c) or otherwise pursuant to law, would be the\\nactuarial equivalent, on the basis of eight per centum interest per\\nannum, of the excess of the amount computed pursuant to sub-item (B) of\\nthis item (vii) over the amount computed pursuant to sub-item (C) of\\nthis item (vii).\\n (E) With respect to determination of the amount of contributions\\npayable to the contingent reserve fund in each city fiscal year\\noccurring during the period beginning on July first, nineteen hundred\\neighty-eight and ending on June thirtieth, two thousand fifteen, the\\nnineteen hundred eighty-five unfunded accrued liability adjustment shall\\nbe an amount which, when credited in twenty-seven equal annual\\ninstallments (the first of which installments is to be credited in the\\ncity's nineteen hundred eighty-eight--nineteen hundred eighty-nine\\nfiscal year) in reduction of the amounts which the board of education\\nwould otherwise be required to pay to the contingent reserve fund\\npursuant to items (i), (iii), (iv), (vi) and (vii) of subparagraph (2)\\nof this paragraph (c) or otherwise pursuant to law, shall be the\\nactuarial equivalent, on the basis of eight and one-quarter per centum\\ninterest per annum, of the present value, as of June thirtieth, nineteen\\nhundred eighty-eight on the basis of eight per centum interest per\\nannum, of those installments of the nineteen hundred eighty-five\\nunfunded accrued liability adjustment computed pursuant to sub-item (D)\\nof this item (vii), which installments are hypothetically allocated by\\nsuch sub-item (D) to designated fiscal years succeeding June thirtieth,\\nnineteen hundred eighty-eight.\\n (7) The balance sheet liability as of June thirtieth, nineteen hundred\\nseventy-four shall be the sum of twenty-five million, eight hundred two\\nthousand, nine hundred seventy-two dollars ($25,802,972), consisting of\\nthe sum of:\\n (i) the discounted value, as of June thirtieth, nineteen hundred\\nseventy-four, of the sum of eleven million, fifty thousand, eight\\nhundred eighty-eight dollars ($11,050,888), which constituted the amount\\npayable to the contingent reserve fund in the city's nineteen hundred\\nseventy-four--nineteen hundred seventy-five fiscal year by the board of\\neducation in fulfillment of its obligations to make contributions to the\\nretirement system payable in such fiscal year, such discounting being\\ncalculated on the basis of interest at the rate of five and one-half per\\ncentum per annum and a discount period of six months extending\\nretroactively from January first, nineteen hundred seventy-five to June\\nthirtieth, nineteen hundred seventy-four and such discounted value being\\nthe sum of ten million, seven hundred fifty-eight thousand, nine hundred\\nseventy-nine dollars ($10,758,979); and\\n (ii) the discounted value, as of June thirtieth, nineteen hundred\\nseventy-four, of the sum of sixteen million, three hundred two thousand,\\nthirty-eight dollars ($16,302,038), which constituted the amount payable\\ninto the contingent reserve fund in the city's nineteen hundred\\nseventy-five--nineteen hundred seventy-six fiscal year by the board of\\neducation in fulfillment of its obligations to make contributions to the\\nretirement system payable in such fiscal year, such discounting being\\ncalculated on the basis of interest at the rate of five and one-half per\\ncentum per annum and a discount period of eighteen months extending\\nretroactively from January first, nineteen hundred seventy-six to June\\nthirtieth, nineteen hundred seventy-four, and such discounted value\\nbeing the sum of fifteen million, forty-three thousand, nine hundred\\nninety-three dollars ($15,043,993).\\n (8) The balance sheet liability as of each June thirtieth succeeding\\nJune thirtieth, nineteen hundred seventy-four to and including June\\nthirtieth, nineteen hundred eighty, shall be determined as provided for\\nin subparagraphs nine to sixteen, inclusive, of this paragraph.\\n (9) To the amount of the balance sheet liability as of June thirtieth\\nnext preceding the June thirtieth (which last-mentioned June thirtieth\\nis hereinafter referred to as the \"subject June thirtieth\") as of which\\nthe balance sheet liability is being determined as provided for in\\nsubparagraph eight of this paragraph, there shall be added one year's\\ninterest on such amount at the rate of five and one-half per centum per\\nannum.\\n (10) With respect to the city's fiscal year ending on the subject June\\nthirtieth (hereinafter referred to as the \"subject fiscal year\") there\\nshall be added together the contribution components hereinafter\\nspecified in this subparagraph, which components, for the purposes of\\nsubparagraphs eight to sixteen, inclusive, of this paragraph, are\\nhypothetically deemed to have accrued in the subject fiscal year and to\\nhave been payable therein, as follows:\\n (i) the amount of the normal contribution for balance sheet liability\\npurposes (as defined in subparagraph five of paragraph (a) of this\\nsubdivision); and\\n (ii) the amount of the applicable installment of the unfunded accrued\\nliability contribution for balance sheet liability purposes (as defined\\nin subparagraph six of paragraph (a) of this subdivision); and\\n (iii) the amount of the annual contribution, for balance sheet\\nliability purposes, on account of amortization of losses on dispositions\\nof certain securities within the meaning of subdivision six of section\\nseven of the rules and regulations (as defined in subparagraph seven of\\nparagraph (a) of this subdivision); and\\n (iv) the amount of the annual contribution, for balance sheet\\nliability purposes, on account of reserves-for-increased-take-home pay\\n(as defined in subparagraph eight of paragraph (a) of this subdivision);\\nand\\n (v) the amount of the annual military law contribution for balance\\nsheet liability purposes (as defined in subparagraph nine of paragraph\\n(a) of this subdivision).\\n (11) To the amount resulting from the addition prescribed by\\nsubparagraph ten of this paragraph (c), there shall be added interest\\nthereon at the rate of five and one-half per centum per annum from\\nJanuary first of the subject fiscal year to June thirtieth of such\\nfiscal year.\\n (12) The amount computed pursuant to subparagraph nine of this\\nparagraph in relation to the balance sheet liability as of June\\nthirtieth next preceding the subject June thirtieth (together with one\\nyear's interest on such balance sheet liability) shall be added to the\\namount computed pursuant to subparagraph ten of this paragraph in\\nrelation to the subject fiscal year.\\n (13) From the amount computed pursuant to subparagraph twelve of this\\nparagraph, there shall be subtracted the sum of:\\n (i) The total amount of the sums paid to the contingent reserve fund\\nduring the subject fiscal year by the board of education on account of\\nits obligations, which accrued during the city's second fiscal year\\npreceding the subject fiscal year to provide:\\n (A) the normal contribution payable in the subject fiscal year under\\nthe provisions of subparagraphs two and three of this paragraph, as then\\nin effect; and\\n (B) the installment of the deficiency contribution (as defined in\\nsubparagraph ten of paragraph (a) of this subdivision) or the\\ninstallment of the original unfunded accrued liability contribution (as\\ndefined in item (i) of subparagraph five of this paragraph), as the case\\nmay be, payable in the subject fiscal year; and\\n (C) the amount of the contribution on account of amortization,\\npursuant to subdivision six of section seven of the rules and\\nregulations, of losses on dispositions of certain securities (as defined\\nin subparagraph eleven of paragraph (a) of this subdivision) payable in\\nthe subject fiscal year; and\\n (D) the amount payable in the subject fiscal year on account of\\nreserves-for-increased-take-home pay; and\\n (E) the amount payable in the subject fiscal year in behalf of members\\npursuant to subdivision twenty of section two hundred forty-three of the\\nmilitary law; plus\\n (ii) interest on such total amount referred to in item (i) of this\\nsubparagraph thirteen at the rate of five and one-half per centum per\\nannum from January first of the subject fiscal year to June thirtieth\\nthereof.\\n (14) The remainder resulting from the subtraction prescribed by\\nsubparagraph thirteen of this paragraph shall be the balance sheet\\nliability as of June thirtieth of the subject fiscal year.\\n (15) The balance sheet liability as of June thirtieth, nineteen\\nhundred eighty shall be the amount resulting from the successive\\ncomputations of the balance sheet liability as of each June thirtieth\\nsucceeding June thirtieth, nineteen hundred seventy-four up to and\\nincluding June thirtieth, nineteen hundred eighty as prescribed by\\nsubparagraphs eight to fourteen, inclusive, of this paragraph.\\n (16) The balance sheet liability contribution payable in the city's\\nnineteen hundred eighty-one--nineteen hundred eighty-two fiscal year\\nshall be the first annual installment of an amount which, if paid to the\\ncontingent reserve fund in forty equal annual installments, commencing\\nwith payment of a first installment in the city's nineteen hundred\\neighty-one--nineteen hundred eighty-two fiscal year, would be the\\nactuarial equivalent, as of June thirtieth, nineteen hundred eighty-one,\\non the basis of seven and one-half per centum interest per annum, of an\\namount equal to the balance sheet liability as of June thirtieth,\\nnineteen hundred eighty.\\n (16-a) The balance sheet liability contribution payable in each city\\nfiscal year during the period beginning on July first, nineteen hundred\\neighty-two and ending on June thirtieth, nineteen hundred eighty-eight\\nshall be one annual installment of an amount which, if paid to the\\ncontingent reserve fund in thirty-nine equal annual installments,\\ncommencing with a first payment in the city's nineteen hundred\\neighty-two--nineteen hundred eighty-three fiscal year, would be the\\nactuarial equivalent, as of June thirtieth, nineteen hundred eighty-two,\\non the basis of eight per centum interest per annum, of the present\\nvalue, as of June thirtieth, nineteen hundred eighty-two on the basis of\\nseven and one-half per centum interest per annum, of those installments\\nof the balance sheet liability contribution computed pursuant to\\nsubparagraph (16) of this paragraph (c), which installments are\\nhypothetically allocated by such subparagraph (16) to designated city\\nfiscal years succeeding June thirtieth, nineteen hundred eighty-two.\\n (16-b) The balance sheet liability contribution payable in each city\\nfiscal year during the period beginning on July first, nineteen hundred\\neighty-eight and ending on June thirtieth, two thousand twenty-one shall\\nbe one annual installment of an amount which, when paid to the\\ncontingent reserve fund in thirty-three equal annual installments,\\ncommencing with a first payment in the city's nineteen hundred\\neighty-eight--nineteen hundred eighty-nine fiscal year, shall be the\\nactuarial equivalent, as of June thirtieth, nineteen hundred\\neighty-eight, on the basis of eight and one-quarter per centum interest\\nper annum, of the present value, as of June thirtieth, nineteen hundred\\neighty-eight on the basis of eight per centum interest per annum, of\\nthose installments of the balance sheet liability contribution computed\\npursuant to subparagraph (16-a) of this paragraph (c), which\\ninstallments are hypothetically allocated by such subparagraph (16-a) to\\ndesignated city fiscal years succeeding June thirtieth, nineteen hundred\\neighty-eight.\\n (17) Notwithstanding any provision of the rules and regulations or any\\nother provision of law to the contrary, whenever the retirement board,\\non the recommendation of the actuary, shall determine that it is\\nnecessary to increase the reserves held in the annuity reserve fund, the\\npension reserve fund or the pension fund, such board may direct that the\\namount so needed shall be transferred thereto from the contingent\\nreserve fund.\\n (d) (1) During the period commencing on July first, nineteen hundred\\nseventy-seven and ending on June thirtieth, nineteen hundred eighty,\\nspecial interest at the rate of one and one-half per centum per annum,\\ncompounded annually, shall be allowed with respect to the individual\\naccount of each member in the annuity savings fund of the retirement\\nsystem.\\n (2) Subject to the provisions of paragraph (f) of this subdivision,\\nduring the period commencing on July first, nineteen hundred eighty and\\nending on June thirtieth, nineteen hundred eighty-two, special interest\\nat the rate of three and one-half per centum per annum, compounded\\nannually, shall be allowed with respect to the individual account of\\neach member in the annuity savings fund.\\n (3) (i) Subject to the provisions of paragraph (f) of this\\nsubdivision, during the period commencing on July first, nineteen\\nhundred eighty-two and ending on July thirty-first, nineteen hundred\\neighty-three, special interest at the rate of four per centum per annum,\\ncompounded annually, shall be allowed with respect to the individual\\naccount of each member in the annuity savings fund.\\n (ii) Subject to the provisions of paragraph (f) of this subdivision,\\nduring the period commencing on August first, nineteen hundred\\neighty-three and ending on June thirtieth, nineteen hundred eighty-five,\\nspecial interest at the rate of one per centum per annum, compounded\\nannually, shall be allowed with respect to the individual account of\\neach member in the annuity savings fund.\\n (iii) Subject to the provisions of paragraph (f) of this subdivision,\\nduring the period commencing on July first, nineteen hundred eighty-five\\nand ending on June thirtieth, nineteen hundred eighty-eight, special\\ninterest at the rate of one per centum per annum, compounded annually,\\nshall be allowed with respect to the individual account of each member\\nin the annuity savings fund.\\n (iv) Subject to the provisions of paragraph (f) of this subdivision,\\nduring the period commencing on July first, nineteen hundred\\neighty-eight and ending on June thirtieth, nineteen hundred ninety,\\nspecial interest at the rate of one and one-quarter per centum per\\nannum, compounded annually, shall be allowed with respect to the\\nindividual account of each member in the annuity savings fund.\\n (4) Such special interest provided for by subparagraphs (1), (2) and\\n(3) of this paragraph shall be credited to such individual account of\\neach member entitled thereto in the same manner and at the same time as\\nregular interest is required to be credited to such account with respect\\nto the same period of time. Such special interest shall not be\\nconsidered in determining rates of contributions of members. Nothing\\ncontained in this paragraph shall be construed as applicable to any\\nmember who is subject to the provisions of article fourteen or article\\nfifteen of the retirement and social security law.\\n (e) (1) Subject to the provisions of paragraph (f) of this\\nsubdivision, in determining the reserve-for-increased-take-home-pay of\\neach member entitled to such a reserve, additional interest at the rate\\nof one and one-half per centum per annum compounded annually shall be\\nincluded for each city fiscal year occurring during the period beginning\\non July first, nineteen hundred seventy-seven and ending on June\\nthirtieth, nineteen hundred eighty.\\n (2) Subject to the provisions of paragraph (f) of this subdivision, in\\ndetermining the reserve-for-increased-take-home-pay of each member\\nentitled to such a reserve, additional interest at the rate of three and\\none-half per centum per annum compounded annually shall be included for\\neach city fiscal year occurring during the period beginning on July\\nfirst, nineteen hundred eighty and ending on June thirtieth, nineteen\\nhundred eighty-two.\\n (3) (i) Subject to the provisions of paragraph (f) of this subdivision\\nin determining the reserve-for-increased-take-home-pay of each member\\nentitled to such a reserve, additional interest at the rate of four per\\ncentum per annum compounded annually shall be included for each city\\nfiscal year and portion thereof occurring during the period beginning on\\nJuly first, nineteen hundred eighty-two and ending on July thirty-first,\\nnineteen hundred eighty-three.\\n (ii) Subject to the provisions of paragraph (f) of this subdivision,\\nin determining the reserve-for-increased-take-home-pay of each member\\nentitled to such a reserve, additional interest at the rate of one per\\ncentum per annum compounded annually shall be included for each city\\nfiscal year and portion thereof occurring during the period beginning on\\nAugust first, nineteen hundred eighty-three and ending on June\\nthirtieth, nineteen hundred eighty-five.\\n (iii) Subject to the provisions of paragraph (f) of this subdivision,\\nin determining the reserve-for-increased-take-home-pay of each member\\nentitled to such a reserve, additional interest at the rate of one per\\ncentum per annum compounded annually shall be included for each city\\nfiscal year occurring during the period beginning on July first,\\nnineteen hundred eighty-five and ending on June thirtieth, nineteen\\nhundred eighty-eight.\\n (iv) Subject to the provisions of paragraph (f) of this subdivision,\\nin determining the reserve-for-increased-take-home-pay of each member\\nentitled to such a reserve, additional interest at the rate of one and\\none-quarter per centum per annum compounded annually shall be included\\nfor each city fiscal year occurring during the period beginning on July\\nfirst, nineteen hundred eighty-eight and ending on June thirtieth,\\nnineteen hundred ninety.\\n (4) Additional interest shall not be considered in determining rates\\nof contribution of members. Nothing contained in this paragraph (e)\\nshall be construed as applicable to any member who is subject to the\\nprovisions of article fourteen or article fifteen of the retirement and\\nsocial security law.\\n (f) (1) The provisions of subparagraph (2) of paragraph (d) of this\\nsubdivision and of subparagraphs (1) and (2) of paragraph (e) of this\\nsubdivision, to the extent that any of such provisions grants special or\\nadditional interest, as the case may be, for any period prior to July\\nthirty-first, nineteen hundred eighty-two, shall not apply to any person\\nwho was not a member on such July thirty-first and shall not apply to\\nany person to whom, on such July thirty-first, a deferred retirement\\nallowance or any part of such a retirement allowance was payable\\npursuant to the provisions of section thirty-two of the rules and\\nregulations. Nothing contained in paragraphs (d) and (e) of this\\nsubdivision shall be construed as granting special or additional\\ninterest, as the case may be, to any person with respect to any period\\nwherein such person was not a member entitled to be credited with\\nregular interest for the same period or was not a discontinued member\\nentitled to be credited, as a discontinued member, with regular interest\\nfor the same period.\\n (2) (i) The provisions of item (i) of subparagraph (3) of paragraph\\n(d) of this subdivision sixteen, to the extent that such item grants\\nspecial interest for any period prior to December sixteenth, nineteen\\nhundred eighty-two, and the provisions of item (i) of subparagraph (3)\\nof paragraph (e) of this subdivision, to the extent that such item\\ngrants additional interest for any period prior to such date, shall not\\napply to any person who was not a member on such date and shall not\\napply to any person to whom, on such date, a deferred retirement\\nallowance or any part of such a retirement allowance was payable\\npursuant to the provisions of section thirty-two of the rules and\\nregulations.\\n (ii) The provisions of item (iv) of subparagraph (3) of paragraph (d)\\nof this subdivision sixteen, to the extent that such item grants special\\ninterest for any period prior to the date of enactment of this item (ii)\\nof this subparagraph (2) of this paragraph (f) (as such date is\\ncertified, pursuant to section forty-one of the legislative law), and\\nthe provisions of item (iv) of subparagraph (3) of paragraph (e) of this\\nsubdivision, to the extent that such item grants additional interest for\\nany period prior to such date shall not apply to any person who was not\\na member on such date and shall not apply to any person to whom, on such\\ndate, a deferred retirement allowance or any part of such a retirement\\nallowance was payable pursuant to the provisions of section thirty-two\\nof the rules and regulations.\\n (3) Nothing contained in paragraphs (d) and (e) of this subdivision\\nshall be construed as granting special or additional interest, as the\\ncase may be, to any person with respect to any period wherein such\\nperson was not a member entitled to be credited with regular interest\\nfor the same period or was not a discontinued member entitled to be\\ncredited, as a discontinued member, with regular interest for the same\\nperiod.\\n (g) (1) As used in this paragraph, the term \"funds\" shall mean the\\nfunds created in accordance with the provisions of the rules and\\nregulations other than the variable annuity funds provided for by the\\nrules and regulations.\\n (2) Subject to the provisions of subparagraph (4) of this paragraph,\\nin addition to regular interest annually allowed for the period from\\nJuly first, nineteen hundred seventy-seven to June thirtieth, nineteen\\nhundred eighty on the mean amount for the preceding year in each of the\\nfunds created in accordance with the provisions of the rules and\\nregulations, there shall be annually allowed with respect to such period\\nsupplementary interest at the rate of one and one-half per centum per\\nannum on such mean amount for the preceding year in each of such funds.\\nSuch supplementary interest shall be annually credited to such funds at\\nthe same time and in the same manner as regular interest was credited to\\nsuch funds with respect to such period.\\n (3) Subject to the provisions of subparagraph (4) of this paragraph,\\nin addition to regular interest annually allowed for the period from\\nJuly first, nineteen hundred eighty to June thirtieth, nineteen hundred\\neighty-two on the mean amount for the preceding year in each of the\\nfunds created in accordance with the provisions of the rules and\\nregulations, there shall be annually allowed with respect to such period\\nsupplementary interest at the rate of three and one-half per centum per\\nannum on such mean amount for the preceding year in each of such funds.\\nSuch supplementary interest shall be annually credited to such funds at\\nthe same time and in the same manner as regular interest is credited to\\nsuch funds with respect to such period.\\n (4) (i) Subject to the provisions of subparagraph (5) of this\\nparagraph (g), in addition to regular interest annually allowed for the\\nperiod from July first, nineteen hundred eighty-two to July\\nthirty-first, nineteen hundred eighty-three on the mean amount for the\\npreceding year in each of the funds provided for in accordance with the\\nprovisions of the rules and regulations, there shall be annually allowed\\nwith respect to such period supplementary interest at the rate of four\\nper centum per annum on such mean amount for the preceding year in each\\nof such funds. Such supplementary interest shall be annually credited\\nto such funds at the same time and in the same manner as regular\\ninterest is credited to such funds with respect to such period.\\n (ii) Subject to the provisions of subparagraph (5) of this paragraph,\\nin addition to regular interest annually allowed for the period from\\nAugust first, nineteen hundred eighty-three to June thirtieth, nineteen\\nhundred eighty-five on the mean amount for the preceding year in each of\\nthe funds provided for in accordance with the provisions of the rules\\nand regulations, there shall be annually allowed with respect to such\\nperiod supplementary interest at the rate of one per centum per annum on\\nsuch mean amount for the preceding year in each of such funds. Such\\nsupplementary interest shall be annually credited to such funds at the\\nsame time and in the same manner as regular interest is credited to such\\nfunds with respect to such period.\\n (iii) Subject to the provisions of subparagraph (5) of this paragraph\\n(g), in addition to regular interest annually allowed for the period\\nfrom July first, nineteen hundred eighty-five to June thirtieth,\\nnineteen hundred eighty-eight on the mean amount for the preceding year\\nin each of the funds provided for in accordance with the provisions of\\nthe rules and regulations, there shall be annually allowed with respect\\nto such period supplementary interest at the rate of one per centum per\\nannum on such mean amount for the preceding year in each of such funds.\\nSuch supplementary interest shall be annually credited to such funds at\\nthe same time and in the same manner as regular interest is credited to\\nsuch funds with respect to such period.\\n (iv) Subject to the provisions of subparagraph (5) of this paragraph\\n(g), in addition to regular interest annually allowed for the period\\nfrom July first, nineteen hundred eighty-eight to June thirtieth,\\nnineteen hundred ninety on the mean amount for the preceding year in\\neach of the funds provided for in accordance with the provisions of the\\nrules and regulations, there shall be annually allowed with respect to\\nsuch period supplementary interest at the rate of one and one-quarter\\nper centum per annum on such mean amount for the preceding year in each\\nof such funds. Such supplementary interest shall be annually credited to\\nsuch funds at the same time and in the same manner as regular interest\\nis credited to such funds with respect to such period.\\n (5) The provisions of subparagraphs (2), (3) and (4) of this paragraph\\nshall not apply to or affect (i) the allowance of interest on or the\\ncrediting of interest to accounts of members or discontinued members in\\nthe annuity saving fund or (ii) the allowance of interest on or the\\ncrediting of interest to reserves-for-increased-take-home-pay of members\\nor discontinued members or (iii) the determination of the amount of any\\nbenefit payable to any member or beneficiary.\\n (h-1) The allowance of special interest, additional interest and\\nsupplementary interest, if any, with respect to any fiscal year of the\\ncity beginning on or after July first, nineteen hundred ninety shall be\\ngoverned by the applicable provisions of section 13-638.2 of the\\nadministrative code of the city.\\n (h-2) The provisions of paragraph (d) of this subdivision, as such\\nparagraph applies to the contributions made by a member and the benefits\\nprovided thereby, shall apply separately and independently to the\\ntax-deferred annuity net contributions, if any, of such member and the\\nbenefits provided thereby, except as otherwise provided by section\\nthirty-three of the rules and regulations.\\n (h-3) The provisions of subdivisions f and h of section 13-638.2 of\\nthe administrative code of the city (to the extent that such\\nsubdivisions f and h apply to this retirement system), as such\\nsubdivisions f and h apply to the contributions made by a member and the\\nbenefits provided thereby, shall apply separately and independently to\\nthe tax-deferred annuity net contributions, if any, of such member and\\nthe benefits provided thereby, except as otherwise specified in section\\nthirty-three of the rules and regulations.\\n (i) (1) Notwithstanding the provisions of section nine of the rules\\nand regulations or any other provision of the rules and regulations or\\nany other law to the contrary, but subject to the provisions of\\nsubparagraphs two, three and four of this paragraph, all income,\\ninterest and dividends derived from deposits and investments authorized\\nby the rules and regulations, which income, interest and dividends were\\nheretofore or are hereafter received during any fiscal year commencing\\non or after July first, nineteen hundred eighty, shall be used in such\\nfiscal year for the purposes hereinafter specified in this subparagraph\\n(to the extent that such income, interest and dividends are sufficient\\nfor such purposes), in the order of priority herein stated, as follows:\\n (A) first, to pay into the funds of the retirement system the amounts\\nof regular interest which are required to be paid into such funds in\\nsuch fiscal year by reason of being required to be allowed to such funds\\npursuant to the provisions of paragraph a of subdivision two of section\\nseven of the rules and regulations, and to pay into such funds the\\namounts of supplementary interest, if any, required to be so paid in\\nsuch fiscal year under the provisions of paragraph (g) of this\\nsubdivision, and to pay into the annuity savings fund the amounts of\\nspecial interest, if any, required to be so paid in such fiscal year\\nunder the provisions of paragraph (d) of this subdivision, and to pay\\ninto the contingent reserve fund the amounts of additional interest, if\\nany, required to be paid in such fiscal year under the provisions of\\nparagraph (e) of this subdivision;\\n (B) second, to pay into the contingent reserve fund the amount of any\\nlosses in excess of gains (i) which net losses the retirement system\\nsustained during such fiscal year by reason of sales or other\\ndispositions of securities, and (ii) for which net losses the retirement\\nsystem is required to be reimbursed in such fiscal year, and (iii) to\\nwhich net losses subdivision six of section seven of the rules and\\nregulations, relating to graduated crediting of gains and amortization\\nof losses on dispositions of certain securities, does not apply;\\n (C) third, if the total amount of such income, interest and dividends\\nreceived during such fiscal year is in excess of the total amount\\nrequired to make, in such fiscal year, the payments prescribed by items\\n(A) and (B) of this subparagraph, the amount of such excess shall be\\npaid into the contingent reserve fund and shall become a part of the\\nassets of such fund.\\n (2) (A) Notwithstanding any other provision of this subdivision or any\\nother law to the contrary, the term \"all income, interest and dividends\\nderived from deposits and investments\", as used in paragraph (f) of this\\nsubdivision (as such subdivision was in effect prior to July first,\\nnineteen hundred eighty), shall be construed, in relation to disposition\\nof all income, interest and dividends received by the retirement system\\nin each of the city's nineteen hundred seventy-six--nineteen-hundred\\nseventy-seven and nineteen hundred seventy-seven--nineteen hundred\\nseventy-eight obligations fiscal years (as such fiscal years were\\ndefined by paragraph (a) of this subdivision prior to such July first)\\nas meaning the remainder obtained by subtracting from such income,\\ninterest and dividends the sum of (i) the amounts of regular,\\nsupplementary and special interest required to be allowed and paid into\\nthe appropriate funds of the retirement system in such fiscal year\\npursuant to the applicable provision of subdivision two of section seven\\nof the rules and regulations and this subdivision and (ii) the amount of\\nany losses in excess of gains (1) which net losses were sustained by the\\nretirement system during such fiscal year and which net losses were\\nsustained by reason of sales or other dispositions of securities, and\\n(2) to which net losses the provisions of subdivision six of section\\nseven of the rules and regulations do not apply.\\n (B) for the purposes of the order of priority governing the\\ndisposition of such remainder in the payment fiscal year with respect to\\neach such obligations fiscal year (as such disposition was prescribed by\\nthe provisions of this subdivision as in effect during each such payment\\nfiscal year) the provisions of items (A) and (B) of subparagraph (i) of\\nsuch paragraph (f) shall be deemed to have been inapplicable and the\\norder of priority for such disposition shall be first, the use set forth\\nin item (C) of such subparagraph, second, the use set forth in item (D)\\nof such subparagraph, third, the use set forth in item (E) of such\\nsubparagraph and fourth, the use set forth in item (F) of such\\nsubparagraph, as such items were in effect during such payment fiscal\\nyear.\\n (3) (a) All income, interest and dividends which were derived from\\ndeposits and investments authorized by the rules and regulations and\\nwhich were received during each of the city's nineteen hundred\\nseventy-eight--nineteen hundred seventy-nine and nineteen hundred\\nseventy-nine--nineteen hundred eighty fiscal years shall be used in each\\nsuch fiscal year for the purposes hereinafter stated in this\\nsubparagraph, in the order of priority herein stated, as follows:\\n (A) first, (i) to pay into the funds of the retirement system the\\namounts of regular interest which are required to be paid into such\\nfunds in such fiscal year wherein such income, interest and dividends\\nwere received, which interest is so payable by reason of being required\\nto be allowed to such funds in such fiscal year pursuant to the\\nprovisions of paragraph a of subdivision two of section seven of the\\nrules and regulations and (ii) to pay into such funds the amounts of\\nsupplementary interest required to be so paid in such fiscal year under\\nthe applicable provisions of paragraph (d) of this subdivision, and\\n(iii) to pay into the annuity savings fund the amounts of special\\ninterest required to be so paid in such fiscal year under the applicable\\nprovisions of paragraph (d) of this subdivision, and (iv) to pay into\\nthe contingent reserve fund the amounts of additional interest required\\nto be paid in such fiscal year under the applicable provisions of\\nparagraph (e) of this subdivision;\\n (B) second, to pay into the contingent reserve fund the amount of any\\nlosses in excess of gains (i) which net losses were sustained by the\\nretirement system during such fiscal year in which such income, interest\\nand dividends were received and which net losses were sustained by\\nreason of sales or other dispositions of securities, and (ii) for which\\nnet losses the retirement system is required to be reimbursed in such\\nfiscal year, and (iii) to which net losses subdivision six of section\\nseven of the rules and regulations, relating to graduated crediting of\\ngains and amortization of losses on dispositions of certain securities,\\ndoes not apply; and\\n (C) third, to pay into the contingent reserve fund the amount, if any,\\nby which,\\n (i) the total of all losses which the retirement system sustained\\nduring such fiscal year by reason of sales of securities within the\\nmeaning of subdivision six of section seven of the rules and regulations\\nand which the board of education would otherwise be required to amortize\\npursuant to such subdivision, exceeds\\n (ii) the total of all gains which were realized during such fiscal\\nyear by reason of sales of securities within the meaning of such\\nsubdivision and which would otherwise be required by such subdivision to\\nbe credited in favor of the board of education in installments.\\n (b) If the total amount of such income, interest and dividends\\nreceived during each such fiscal year referred to in item (a) of this\\nsubparagraph is in excess of the total amount required to make, in the\\nsame fiscal year, the payments prescribed by sub-items (A), (B) and (C)\\nof such item (a), the amount of such excess shall be paid into the\\ncontingent reserve fund as of June thirtieth of such fiscal year and\\nshall become a part of the assets of such fund as of such date.\\n (4) Nothing contained in subparagraphs one, two and three of this\\nparagraph shall be construed as applicable to income, interest and\\ndividends resulting from deposits or investments made under the variable\\nannuity program of the retirement system.\\n (j)(1) The board of education or the New York city school construction\\nauthority shall make monthly payments, in twelve equal installments,\\nwith respect to the respective obligations which such board or authority\\nincurs to pay sums to the retirement system.\\n (2) In the city's nineteen hundred eighty--nineteen hundred eighty-one\\nfiscal year and in each city fiscal year thereafter, the equal monthly\\npayments shall be in respect of obligations which accrue in such fiscal\\nyear and shall be made in such fiscal year on or before the last day of\\neach month.\\n (2-a) Where a responsible obligor (as defined in paragraph ten of\\nsubdivision a of section 13-638.2 of the administrative code of the city\\nof New York) is required to make payments to the retirement system\\npursuant to applicable provisions of law in fiscal year two thousand\\ntwelve--two thousand thirteen, and in any fiscal year thereafter, and\\nthe provisions of this paragraph or the provisions of any other\\napplicable law do not otherwise specifically require such responsible\\nobligor to make such payments by a particular date or dates during such\\nfiscal year, such responsible obligor shall make such payments either\\n(i) in total on or before January first of such fiscal year, or (ii) in\\ntwelve equal monthly installments, as determined by the actuary, with\\neach monthly installment to be paid on or before the last day of each\\nmonth.\\n (3) The retirement board of the retirement system may waive the\\nrequirements of the foregoing provisions of this paragraph with respect\\nto time of payment to such system, provided that any such waiver of time\\nof payment in any instance shall not apply to the time of subsequent\\npayments unless there shall be a subsequent waiver.\\n 17. (a) For the purposes of this subdivision, the terms \"rules and\\nregulations\" and \"retirement system\" shall have the meanings set forth\\nin subparagraphs three and four, respectively, of paragraph (a) of\\nsubdivision sixteen of this section.\\n (b) The following terms, as used in this subdivision, shall have the\\nfollowing meanings, unless a different meaning is plainly required by\\nthe context:\\n (1) \"Member.\" Any person included in the membership of the retirement\\nsystem as provided in section three of the rules and regulations.\\n (2) \"Actuarial equivalent benefit.\" Any benefit which pursuant to the\\nrules and regulations or by law is required to be an actuarial\\nequivalent or pursuant to the rules and regulations or by law is\\nrequired to be determined on the basis of an actuarial equivalent.\\n (3)(i) \"Seven percent member for actuarial equivalent benefit\\npurposes.\" A member who meets all of the following conditions:\\n (A) paragraph (c) of this subdivision (relating to the definition of\\nmembers to whom regular interest at seven per centum per annum,\\ncompounded annually, applies) applies to such member; and\\n (B) an actuarial equivalent benefit (other than a variable annuity\\nprogram benefit) has become payable by the retirement system to or on\\naccount of such member; and\\n (C) it is provided by a resolution adopted by the retirement board (A)\\nthat a mortality table which does not differentiate on the basis of sex\\nshall be used to calculate such actuarial equivalent benefit or a\\nportion of such benefit, or (B) that the modified Option 1 pension\\ncomputation formula (as defined in subparagraph thirteen of this\\nparagraph) shall be used to calculate such actuarial equivalent benefit.\\n (ii) Except in cases to which the modified Option 1 pension\\ncomputation formula applies pursuant to a resolution adopted by the\\nretirement board, nothing contained in sub-item (C) of item (i) of this\\nsubparagraph shall be construed as referring to or including any\\ncalculation of an actuarial equivalent benefit (or portion of such\\nbenefit) payable to any person where such calculation is required by\\nretirement board resolution to be made through the use of a\\nsex-differentiated mortality table.\\n (4) \"Tier I member.\" A member whose benefits (other than a\\nsupplemental retirement allowance) are prescribed by the rules and\\nregulations and who is not subject to the provisions of article eleven,\\narticle fourteen or article fifteen of the retirement and social\\nsecurity law.\\n (5) \"Tier II member.\" A member who is subject to the provisions of\\narticle eleven of the retirement and social security law.\\n (6) \"Tier III member.\" A member who is subject to the provisions of\\narticle fourteen of the retirement and social security law.\\n (7) \"Tier IV member.\" A member who is subject to the provisions of\\narticle fifteen of the retirement and social security law.\\n (8) \"Tier III member entitled to a vested benefit.\" A Tier III member\\nwho is entitled to a deferred vested benefit under the provisions of\\nsection five hundred sixteen of the retirement and social security law.\\n (9) \"Tier IV member entitled to a vested benefit.\" A Tier IV member\\nwho is entitled to a deferred vested benefit under the provisions of\\nsection six hundred twelve of the retirement and social security law.\\n (10) \"Education service.\" Service as a paid official or employee of\\nthe board of education of the city of New York as now constituted, or of\\nany prior board, body or agency of which it is the successor in school\\naffairs in the territory now comprised within the city and school\\ndistrict of New York, or the New York city school construction\\nauthority, and allowable as provided in section four of the rules and\\nregulations.\\n (11) \"Discontinued member.\" A fifty-five-year-increased-service-\\nfraction member (as defined in subdivision thirty-one of section two of\\nthe rules and regulations) who has discontinued education-service and\\nhas a vested right to a deferred retirement allowance under the\\nprovisions of section thirty-two of the rules and regulations.\\n (12) \"Variable annuity program benefit.\" Any benefit under the\\nvariable annuity program of the retirement system which is payable from\\nthe variable annuity reserve fund or the variable pension reserve fund.\\n (13) (i) \"Modified Option 1 pension computation formula.\" The method\\nof computing the pension component of an Option 1 retirement allowance\\npayable to a Tier I member and the amount of the Option 1 benefit\\npayable to the beneficiary or estate of such member who selected or\\nselects (or is deemed to have selected) Option 1 as to such pension\\ncomponent, which method of computation is as prescribed by the\\nsucceeding items of this subparagraph.\\n (ii) The initial reserve for such pension component shall be computed\\nthrough use of mortality tables which do not differentiate on the basis\\nof sex (hereinafter referred to as \"gender-neutral mortality tables\")\\nand an interest assumption consisting of regular interest of seven per\\ncentum per annum, compounded annually.\\n (iii) Solely for the purpose of use as the minuend from which the\\npayments of such pension component to such member are subtracted in\\norder to determine the amount of the Option 1 benefit payable, upon such\\nmember's death, to such member's beneficiary or estate by reason of such\\nOption 1 selection in relation to such pension component, the present\\nvalue of such member's maximum pension, as it was at the time of such\\nmember's retirement, shall be deemed to be the greatest of:\\n (A) such present value determined on the basis of gender-neutral\\nnortality tables and an interest assumption consisting of regular\\ninterest of seven per centum per annum, compounded annually; or\\n (B) such present value determined on the basis of the female mortality\\ntables and the regular interest applicable to such member in effect\\nimmediately prior to the date of enactment (as certified pursuant to\\nsection forty-one of the legislative law) of this subdivision; or\\n (C) such present value determined on the basis of the male mortality\\ntables and the regular interest applicable to such member in effect\\nimmediately prior to the date of enactment of this subdivision.\\n (iv) The pension component payable to such member shall be computed on\\nthe basis of gender-neutral mortality tables and an interest assumption\\nconsisting of regular interest of seven per centum per annum, compounded\\nannually, so that:\\n (A) the present value, as it was at the time of such member's\\nretirement, of such component; plus\\n (B) the present value, as it was at the time of such member's\\nretirement, of the amount payable to such member's Option 1 beneficiary\\nor estate upon the death of the member as provided for by the applicable\\nprovisions of item (v) of this subparagraph;\\nshall be equal to the Option 1 initial reserve determined for such\\npension component with respect to such member pursuant to the provisions\\nof item (ii) of this subparagraph.\\n (v) Where such member dies before he or she has received payments on\\naccount of such pension component equal to the present value of such\\nmember's maximum pension as computed pursuant to item (iii) of this\\nsubparagraph, the Option 1 benefit payable to the beneficiary or estate\\nof such deceased member, by reason of such Option 1 selection in\\nrelation to such pension component, shall be the remainder obtained by\\nsubtracting from such present value determined pursuant to such item\\n(iii) in relation to such pension component, the total of such Option 1\\npayments on account of such pension component received by or payable to\\nsuch member for the period prior to his or her death.\\n (vi) In relation to the Option 1 benefits determined pursuant to the\\nmethod of computation set forth in this subparagraph by reason of\\ndiscontinuance of education service by a discontinued member, the phrase\\n\"time of such member's retirement\" as set forth in items (iii) and (iv)\\nof this subparagraph, shall be deemed, for the purposes of this\\nsubparagraph, to mean the date of commencement of the retirement\\nallowance of such discontinued member.\\n (14) \"Selection of mode of benefit.\" The choice made by a member (as\\npermitted by and pursuant to the requirements of the rules and\\nregulations or applicable law governing such choice by such member) as\\nto whether the maximum amount of his or her retirement allowance or a\\ncomponent thereof shall be payable or such retirement allowance or a\\ncomponent thereof shall be payable under an option selected by the\\nmember. The term \"selection of mode of benefit\" shall include a case\\nwhere the maximum retirement allowance or a maximum component thereof\\nbecomes payable because of a member's omission, within the time\\npermitted by the rules and regulations or applicable law, to select the\\nmaximum benefit or an option.\\n (15) \"Best-of-three-computations method.\" (i) A method (as prescribed\\nby a resolution of the retirement board of the retirement system) under\\nwhich a retirement allowance (or portion thereof) payable to a member is\\nrequired to be determined for such member so that:\\n (A) if such retirement allowance (or portion thereof) does not include\\na variable annuity program benefit, such retirement allowance is the\\ngreatest of:\\n (1) such retirement allowance (or portion thereof) determined on the\\nbasis of gender-neutral mortality tables and regular interest at the\\nrate of seven per centum per annum; or\\n (2) such retirement allowance (or portion thereof) determined on the\\nbasis of female mortality tables and the regular interest applicable to\\nsuch member as of a time prescribed in such resolution; or\\n (3) such retirement allowance (or portion thereof) determined on the\\nbasis of male mortality tables and the regular interest applicable to\\nsuch member as of a time prescribed in such resolution; and\\n (B) if such retirement allowance (or portion thereof) includes a\\nvariable annunity program benefit, then the part of such retirement\\nallowance (or portion thereof) other than any variable annuity program\\nbenefit is determined in the manner provided for by sub-item (A) of this\\nitem and such variable annuity program benefit (or portion thereof) is\\nthe greatest of:\\n (1) such variable annuity program benefit (or portion thereof)\\ndetermined on the basis of gender-neutral mortality tables and a uniform\\nrate of interest of four percent, as such rate of interest is provided\\nfor in section forty-four of the rules and regulations; or\\n (2) such variable annuity program benefit (or portion thereof)\\ndetermined on the basis of female mortality tables and such uniform rate\\nof interest of four percent; or\\n (3) such variable annuity program benefit (or portion thereof)\\ndetermined on the basis of male mortality tables and such uniform rate\\nof interest of four percent.\\n (ii) Where, under the provisions of any such resolution of the\\nretirement board, the modified Option 1 pension computation formula (as\\ndefined in subparagraph thirteen of this paragraph) applies to any\\nmember, the term, \"best-of-three-computations method,\" where used in\\nrelation to such member, shall be deemed to include such modified Option\\n1 pension computation formula, to the extent that such formula governs\\nthe determination of the pension component (or portion thereof) of such\\nmember's retirement allowance.\\n (16) \"Person entitled to a recomputation of benefits.\" Any person who\\nmeets all of the conditions stated below in this subparagraph:\\n (i) such person, during the period beginning on August first, nineteen\\nhundred eighty-three and ending on the date next preceding the date of\\nenactment (as such termination date of eligibility for option\\nre-selection (as defined in subparagraph nineteen of this paragraph),\\n(A) retired or retires for age or service or superannuation or for\\nordinary or accident disability, or (B) discontinued or discontinues\\neducation service so as to become a discontinued member, or (C)\\nterminated or terminates employment so as to become a Tier III member\\nentitled to a vested benefit or a Tier IV member entitled to a vested\\nbenefit; and\\n (ii) such person's retirement allowance (or portion thereof), by\\nreason of such retirement or discontinuance of education service or\\ntermination of employment, is required by a resolution adopted by the\\nretirement board to be re-determined pursuant to (A) the\\nbest-of-three-computations method (as defined in subparagraph fifteen of\\nthis paragraph), or (B) the gender-neutral computations method (as\\ndefined in subparagraph eighteen of this paragraph); and\\n (iii) a first payment (if such person, at the time of retirement,\\ndiscontinuance of education service or termination of employment, was a\\nTier I member, Tier II member or Tier III member) on account of his or\\nher retirement allowance (as such retirement allowance was determined\\nprior to the termination date of eligibility for option re-selection)\\nwas made prior to such termination date of eligibility for option\\nre-selection; or (if such person, at the time of retirement, or\\ntermination of employment, was a Tier IV member), his or her effective\\ndate of retirement (or date of commencement of benefits, if he or she\\nwas a Tier IV member entitled to a vested benefit) occurred prior to the\\ntermination date of eligibility for option re-selection.\\n (17) \"Joint and survivor option.\" (i) Any option under which, at the\\ntime when such option is selected, a choice is made which includes both:\\n (A) a benefit payable for the lifetime of the retired or vested member\\nby whom or in whose behalf such option is selected; and\\n (B) a benefit (1) which consists of an amount equal to or constituting\\na percentage of such retired or vested member's benefit and (2) which is\\npayable for the lifetime of a designated beneficiary selected at the\\ntime when such option is selected.\\n (ii) In any case where an option described in item (i) of this\\nsubparagraph includes a provision prescribing that if the designated\\nbeneficiary predeceases such retired or vested member, a maximum benefit\\nshall become payable to such member, such option shall nevertheless be\\ndeemed to be a joint and survivor option.\\n (18) \"Gender-neutral computations method.\" A method (as prescribed by\\na resolution of the retirement board of the retirement system) under\\nwhich a retirement allowance (or portion thereof) payable to a member is\\nrequired to be determined in the following manner:\\n (i) if such retirement allowance (or portion thereof) does not include\\na variable annuity program benefit, such retirement allowance (or\\nportion thereof) is determined on the basis of gender-neutral mortality\\ntables and regular interest at the rate of seven per centum per annum,\\nwithout reference to any other actuarial mortality or interest\\nassumption; or\\n (ii) if such retirement allowance (or portion thereof) includes a\\nvariable annuity program benefit, then the part of such retirement\\nallowance (or portion thereof) other than any variable annuity program\\nbenefit is determined in the manner provided for by item (i) of this\\nsubparagraph, and such variable annuity program benefit (or portion\\nthereof) is determined on the basis of gender-neutral mortality tables\\nand a uniform rate of interest of four percent (as such rate of interest\\nis provided for in section forty-four of the rules and regulations),\\nwithout reference to any other actuarial mortality or interest\\nassumption.\\n (19) \"Termination date of eligibility for option re-selection\" shall\\nmean October first, nineteen hundred eighty-seven, provided that if the\\nexecutive director of the retirement system certifies to the retirement\\nboard that as of such October first, or any later termination date which\\nthe retirement board may establish pursuant to the provisions of this\\nsubparagraph nineteen, it will not be administratively feasible to\\nprocess benefits (including conversion from fixed to variable benefits\\nand vice versa) under the best-of-three-computations method (as defined\\nin subparagraph fifteen of this paragraph (b)) and/or the gender-neutral\\ncomputations method (as defined in subparagraph eighteen of this\\nparagraph (b)) for any persons who are entitled, pursuant to law and/or\\nretirement board resolution, to benefits so computed, then the\\nretirement board, by resolution, may extend the termination date of\\neligibility for option re-selection, as applicable to such persons, to a\\nlater date, provided further, however, that any such extension or\\nextensions directed by the retirement board upon such certification or\\ncertifications shall not result in any such extended termination date\\nlater than eighteen months after October first, nineteen hundred\\neighty-seven. In the event that any such extension is directed by a\\nresolution of the retirement board adopted prior to the date of\\nenactment of this subparagraph nineteen, such extension, upon the\\nenactment of this subparagraph, shall be valid and effective as of the\\ndate of adoption of such resolution in the same manner and to the same\\nextent as if such enactment had occurred before such date of adoption.\\n (c) Notwithstanding any provision of subdivision fifteen of section\\ntwo of the rules and regulations or any other law to the contrary,\\ncommencing on August first, nineteen hundred eighty-three, and\\ncontinuing thereafter, \"regular interest\", in the cases of persons who\\nwere members on July thirty-first, nineteen hundred eighty-three or who\\nthereafter became or become members, shall mean, subject to the\\nprovisions of paragraphs (d), (e), (f), (g), (h), (i), (j), (k), (l),\\n(m), (n) and (o) of this subdivision, interest at seven per centum per\\nannum, compounded annually.\\n (d) (1) (i) Subject to the provisions of items (ii) and (iii) of this\\nsubparagraph, regular interest at the rate of seven per centum per\\nannum, compounded annually, shall be used as the actuarial interest\\nassumption for determining any actuarial equivalent benefit (other than\\na variable annuity program benefit) payable to or on account of any\\nseven percent member for actuarial equivalent benefit purposes.\\n (ii) Where an actuarial equivalent benefit is required by retirement\\nboard resolution to be determined for any seven percent member for\\nactuarial equivalent benefit purposes through the use of the modified\\nOption 1 pension computation formula (as defined in subparagraph\\nthirteen of paragraph (b) of this subdivision), the actuarial interest\\nassumptions used in making such determination shall be as prescribed in\\nsuch formula.\\n (iii) Where it is provided by board resolution that a portion of an\\nactuarial equivalent benefit shall be determined for any seven percent\\nmember for actuarial equivalent benefit purposes on the basis of\\ngender-neutral mortality tables, and that the remainder of such benefit\\nshall be determined on the basis of mortality tables which are not\\ngender-neutral, regular interest at the rate of seven per centum per\\nannum, compounded annually, shall be used as the actuarial interest\\nassumption for determining the portion of such benefit required by such\\nresolution to be determined on the basis of gender-neutral mortality\\ntables and such rate of regular interest shall not apply to the\\ndetermination of the remainder of such benefit.\\n (2) Notwithstanding that the process of determining whether a member\\nis a seven percent member for actuarial equivalent benefit purposes may\\ninclude, for the purpose of ascertaining the highest applicable benefit,\\nalternative hypothetical benefit calculations utilizing a rate of\\nregular interest other than such rate of seven per centum, nothing\\ncontained in paragraph (c) of this subdivision or in subparagraph one of\\nthis paragraph shall be construed as requiring that in the determination\\nof any actuarial equivalent benefit (other than a variable annuity\\nprogram benefit) payable to or on account of any member who is not a\\nseven percent member for actuarial equivalent benefit purposes, any rate\\nof interest be used other than regular interest, as prescribed by the\\napplicable provisions of subdivision fifteen of section two of the rules\\nand regulations.\\n (e) The provisions of subparagraph one of paragraph (d) of this\\nsubdivision shall not apply to any person who, prior to August first,\\nnineteen hundred eighty-three, retired as a member of the retirement\\nsystem for age or service or superannuation or for ordinary or accident\\ndisability and who was such a retiree immediately prior to such August\\nfirst; provided, however, that where any such retiree retired pursuant\\nto subdivision two of section ten of the rules and regulations or\\nretired for ordinary or accident disability, and such retiree re-entered\\nor re-enters education service and on or after July thirty-first,\\nnineteen hundred eighty-three, was or is restored to membership in the\\nretirement system, the provisions of such subparagraph one, from and\\nafter such date of restoration to membership, shall apply to such\\nrestored member with respect to determination of any actuarial\\nequivalent benefit which is both (1) a benefit to which he or she became\\nor becomes entitled upon his or her subsequent retirement or subsequent\\ndiscontinuance of service so as to qualify for benefits, and (2) a\\nbenefit which is not a continuation, without change, of a benefit which\\nhad previously become payable to him or her by reason of his or her\\nprior retirement; provided further that nothing contained in the\\npreceding provisions of this paragraph shall be construed as making\\nsubparagraph one of such paragraph (d) applicable to any such member who\\nwas not or is not a seven percent member for actuarial equivalent\\nbenefit purposes at such time of subsequent retirement or subsequent\\ndiscontinuance of service.\\n (f) (1) Subject to the provisions of subparagraph two of this\\nparagraph, the provisions of subparagraph one of paragraph (d) of this\\nsubdivision shall not apply to any Tier I or Tier II member who, (A)\\nprior to August first, nineteen hundred eighty-three discontinued\\nservice under such circumstances that such member became a discontinued\\nmember and acquired a vested right to receive a retirement allowance\\npursuant to section thirty-two of the rules and regulations (and, in the\\ncase of a Tier II member, article eleven of the retirement and social\\nsecurity law), and (B) was such a discontinued member immediately prior\\nto such August first.\\n (2) If such a discontinued member returned or returns to education\\nservice and on or after July thirty-first, nineteen hundred eighty-three\\nand before payability of his or her retirement allowance as such member\\nbegan or begins, again became or becomes an active member pursuant to\\nthe applicable provisions of such section thirty-two, the provision of\\nsubparagraph one of such paragraph (d) shall apply to him or her on and\\nafter the date of such resumption of active membership; provided that\\nnothing contained in the preceding provisions of this subparagraph shall\\nbe construed as making the provisions of subparagraph one of such\\nparagraph (d) applicable to any such member who was not or is not a\\nseven percent member for actuarial equivalent benefit purposes at the\\ntime of subsequent retirement or subsequent discontinuance of service so\\nas to qualify for benefits.\\n (3) Subject to the provisions of subparagraph four of this paragraph,\\nthe provisions of subparagraph one of paragraph (d) of this subdivision\\nshall not apply to any Tier III or Tier IV member who, (i) prior to\\nAugust first, nineteen hundred eighty-three, terminated employment under\\nsuch circumstances that such member became a Tier III member entitled to\\na vested benefit or a Tier IV member entitled to vested benefit and (ii)\\nhad such status immediately prior to such August first.\\n (4) If a member who became entitled to a vested benefit as described\\nin subparagraph three of this paragraph returned or returns to\\neducation-service and, on or after July thirty-first, nineteen hundred\\neighty-three and before payability of his or her vested benefit began or\\nbegins, resumed or resumes status as an active member of the retirement\\nsystem, the provisions of subparagraph one of paragraph (d) of this\\nsubdivision shall apply to him or her on and after the date of such\\nresumption of active membership, providing that nothing contained in the\\npreceding provisions of this subparagraph shall be construed as making\\nthe provisions of subparagraph one of such paragraph (d) applicable to\\nany such member who was not or is not a seven percent member for\\nactuarial equivalent benefit purposes at the time of subsequent\\nretirement or of subsequent discontinuance of service so as to qualify\\nfor benefits.\\n (g)(1) Subject to the provisions of subparagraph two of this paragraph\\nand to the provisions of paragraph (i) of this subdivision, the\\nselection of mode of benefit (as defined in subparagraph fourteen of\\nparagraph (b) of this subdivision) which, prior to the termination date\\nof eligibility for option re-selection (as defined in subparagraph\\nnineteen of paragraph (b) of this subdivision), a person entitled to a\\nrecomputation of benefits (as defined in subparagraph sixteen of such\\nparagraph (b)) made or makes in relation to the retirement allowance (or\\nany component thereof) which became or becomes payable to him or her\\nprior to such termination date of eligibility for option re-selection,\\nshall be the selection of mode of benefit applicable to the recomputed\\nretirement allowance (or any corresponding component thereof) to which\\nhe or she is entitled under the best-of-three-computations method or the\\ngender-neutral computations method, and any such person entitled to a\\nrecomputation of benefits pursuant to the best-of-three-computations\\nmethod or the gender-neutral computations method shall not be entitled\\nto make any change in such selection of mode of benefit.\\n (2) (i) Notwithstanding the provisions of subparagraph one of this\\nparagraph, a person entitled to a recomputation of benefits shall be\\nentitled, to the extent and in the manner prescribed in the succeeding\\nitems of this subparagraph, to change the original selection of mode of\\nbenefit applicable to the retirement allowance (or any component\\nthereof) which became or becomes payable to him or her prior to the\\ntermination date of eligibility for option re-selection.\\n (ii) In any case where the original selection of mode of benefit of a\\nperson entitled to a recomputation of benefits was a selection of a\\njoint and survivor option (as defined in subparagraph seventeen of\\nparagraph (b) of this subdivision), no change from such original\\nselection of a joint and survivor option may be made under this\\nsubparagraph to any other selection of mode of benefit if the designated\\nbeneficiary selected with respect to such joint and survivor option by\\nsuch person entitled to a recomputation is not alive at the time of\\nfiling of the form whereby such person entitled to a recomputation seeks\\nto change, pursuant to this subparagraph, his or her original selection\\nof such joint and survivor option.\\n (iii) Except for a change of selection of mode of benefit prohibited\\nby item (ii) of this subparagraph, any original selection of mode of\\nbenefit may be changed pursuant to this subparagraph to another\\nselection of mode of benefit, provided all of the conditions set forth\\nin items (iv), (vi) and (viii) of this subparagraph are met.\\n (iv) Subject to the provisions of items (vii) and (viii) of this\\nsubparagraph, a person entitled to a recomputation of benefits may,\\npursuant to this subparagraph, effect any such permissible change of his\\nor her original selection of mode of benefit by executing, acknowledging\\nand filing with the retirement system, within the applicable period of\\ntime prescribed by item (vi) of this subparagraph, a new selection of\\nmode of benefit. If the original selection of mode of benefit of the\\nperson filing such new selection was a selection of a joint and survivor\\noption, such new selection shall be void and of no effect unless (a) the\\ndesignated beneficiary named in such original selection of a joint and\\nsurvivor option signs and acknowledges, in the form for such new\\nselection of mode of benefit, a consent to such changed selection of\\nmode of benefit, and (b) such original designated beneficiary is alive\\non the date of filing of such new selection.\\n (v) The retirement system shall mail to each person entitled to a\\nrecomputation of benefits a letter showing amounts of benefits, as\\nrecomputed for such person under the best-of-three-computations method\\nor the gender-neutral computations method, for modes of benefit other\\nthan joint and survivor options, together with a statement advising such\\nperson that upon request, the amounts of recomputed benefits under joint\\nand survivor options will be provided.\\n (vi) The period of time within which any such person entitled to a\\nrecomputation may file a new selection of mode of benefit as provided\\nfor in items (iii) and (iv) of this subparagraph shall be sixty days\\nafter the date of issuance set forth in such letter mailed to such\\nperson pursuant to item (v) of this subparagraph; provided, however,\\nthat if, pursuant to the request of such person, a later letter setting\\nforth benefits information in relation to a new selection of a mode of\\nbenefit is mailed to such person by the retirement system, such period\\nof time for filing a new selection of mode of benefit shall be thirty\\ndays after the date of issuance set forth in such later letter.\\n (vii) Upon the filing of a new selection of mode of benefit pursuant\\nto this subparagraph by any such person entitled to a recomputation,\\nsuch new selection shall be irrevocable and such person shall not be\\nentitled to file any other selection of mode of benefit with respect to\\nsuch retirement allowance (or any component thereof) which became\\npayable to him or her prior to the termination date of eligibility for\\noption re-selection.\\n (viii) No new selection of mode of benefit filed pursuant to the\\npreceding items of this subparagraph shall be valid or effective as a\\nchange of mode of benefit or for any other purpose unless the person\\nentitled to a recomputation of benefits who files such new selection is\\nalive on the date (hereinafter referred to as the \"validating date\")\\nthree hundred sixty-five days after the date of filing of such new\\nselection of mode of benefit. If such person filing such new selection\\nof mode of benefit is alive on the validating date with respect to such\\nnew selection, such new selection shall become valid and effective on\\nsuch validating date; provided, however, that from and after the\\neffective date of retirement of such person making such valid and\\neffective new selection of mode of benefit (if he or she retired for age\\nor service or superannuation or for ordinary or accident disability) or\\nfrom and after the date on which payability of the original benefits of\\nsuch person began (if he or she was a discontinued member or\\ndiscontinued sanitation member or Tier III member entitled to a vested\\nbenefit or Tier IV member entitled to a vested benefit), such new\\nselection of mode of benefit shall supersede such original selection of\\nmode of benefit and shall apply to and govern the amount of benefits\\npayable to such person or to his or her designated beneficiary or\\nestate.\\n (h) Subject to the provisions of paragraph (i) of this subdivision, in\\nany case where a member of the retirement system who retired before\\nAugust first, nineteen hundred eighty-three pursuant to subdivision two\\nof section ten of the rules and regulations or for ordinary or accident\\ndisability re-entered or re-enters its membership on or after July\\nthirty-first, nineteen hundred eighty-three, nothing contained in\\nparagraphs (c), (d) and (e) of this subdivision shall be construed as\\nauthorizing or permitting him or her to change any selection of mode of\\nbenefit (as defined in subparagraph fourteen of paragraph (b) of this\\nsubdivision) made by him or her with respect to any benefit which, upon\\nhis or her subsequent retirement or discontinuance of service so as to\\nqualify for benefits, is payable to him or her as a continuation,\\nwithout change, of a benefit which had previously become payable to him\\nor her by reason of his or her prior retirement.\\n (i) Nothing contained in paragraph (g) or paragraph (h) of this\\nsubdivision shall be construed as preventing:\\n (1) any person (A) who, during the period beginning on August first,\\nnineteen hundred eighty-three and ending on the date next preceding the\\ndate of enactment (as certified pursuant to section forty-one of the\\nlegislative law) of this paragraph retired or retires pursuant to\\nsubdivision two of section ten of the rules and regulations or for\\nordinary or accident disability and (B) who is subject to such paragraph\\n(g) and (C) who on or after July thirty-first, nineteen hundred\\neighty-three, re-entered or re-enters education service and again became\\nor becomes a member of the retirement system; or\\n (2) any re-entered member referred to in such paragraph (h); upon his\\nor her subsequent retirement, from exercising any right, which any other\\napplicable law or any provision of the rules and regulations grants to\\nhim or her under such circumstances, to make a selection of mode of\\nbenefit (as defined in subparagraph fourteen of paragraph (b) of this\\nsubdivision).\\n (j) Notwithstanding any provisions of paragraph (c) of this\\nsubdivision prescribing a rate of regular interest of seven per centum\\nper annum, compounded annually, for specified members described in such\\nparagraph, the rate of regular interest which shall be applied to fix\\nthe rate of interest on any loan to any such member eligible to borrow\\nshall be four per centum per annum, compounded annually.\\n (k) (1) Where any variable annuity program benefit (as defined in\\nsubparagraph twelve of paragraph (b) of this subdivision) which is an\\nactuarial equivalent benefit (as defined in subparagraph two of such\\nparagraph (b)) is payable to any person by reason of:\\n (i) the retirement of a member for age or service or superannuation or\\nfor ordinary or accident disability, where such retirement occurred on\\nor after August first, nineteen hundred eighty-three or hereafter\\noccurs; or\\n (ii) discontinuance of service or termination of employment of a\\nmember, where such discontinuance or termination occurred or occurs on\\nor after such August first under such circumstances that such member\\nbecame or becomes (A) a discontinued member possessing a vested right to\\nreceive a retirement allowance pursuant to section thirty-two of the\\nrules and regulations (and, in the case of a Tier II member, article\\neleven of the retirement and social security law) or (B) a Tier III\\nmember entitled to a vested benefit or a Tier IV member entitled to a\\nvested benefit; or\\n (iii) the death, on or after such August first, of a member:\\nthe rate of interest used to determine such variable annuity program\\nbenefit shall be that prescribed by section forty-four of the rules and\\nregulations.\\n (2) The retirement board may by resolution direct that different\\ncomputations, based on different mortality tables, shall be used to\\ndetermine separate portions of a variable annuity program benefit\\npayable as described in subparagraph one of this paragraph.\\n (1) In any case where any provision of this subdivision has the\\neffect, in relation to any person, of amending, modifying or\\nsupplementing any provision of the rules and regulations referred to in\\nsubdivision f of section thirty-three of the rules and regulations\\n(relating to the tax-deferred annuity program of the retirement system),\\nsuch provisions of the rules and regulations, for the purpose of\\napplying such subdivision f to such person, shall be deemed to include\\nsuch amendment, modification or supplementation.\\n (m) Modified Option 1 pension computation formula. (1) The retirement\\nboard may by resolution direct that under such circumstances as are\\ndesignated in such resolution, benefits under Option 1 which consist of\\nor are derived from the pension component of a retirement allowance and\\nwhich are payable to or on account of members who:\\n (i) became members prior to the date of enactment (as certified\\npursuant to section forty-one of the legislative law) of this\\nsubdivision; and\\n (ii) retired or retire on or after August first, nineteen hundred\\neighty-three, for age or service or superannuation or for ordinary or\\naccident disability, or on or after such August first, discontinued or\\ndiscontinue service so as to become discontinued members; shall be\\ndetermined under the modified Option 1 pension computation formula.\\n (2) If the retirement board makes a direction for use of such formula\\npursuant to the provisions of subparagraph one of this paragraph, it may\\nalso direct by resolution:\\n (i) that any member who is subject to the modified Option 1 pension\\ncomputation formula may elect, at such time and in accordance with such\\nprocedures as are prescribed in such resolution, that such formula shall\\nnot apply to such member and that the initial reserve determined for the\\npurpose of providing the benefits payable by reason of his or her\\nselection of Option 1 and the pension component of his or her Option 1\\nretirement allowance shall be determined on the basis of gender-neutral\\nmortality tables and regular interest of seven per centum per annum,\\ncompounded annually; and\\n (ii) that the benefit payable, upon the death of the member making\\nsuch election, to his or her beneficiary or estate shall be the\\ndifference between such Option 1 initial reserve and the total of the\\npayments of such pension component received by or payable to such member\\nfor the period prior to his or her death; and\\n (iii) that where any member subject to the modified Option 1 pension\\ncomputation formula retired before the effective date of the retirement\\nboard resolution adopted pursuant to subparagraph one of this paragraph,\\nand where the first payment on account of the retirement allowance of\\nany discontinued member subject to such formula was made before the\\neffective date of such resolution, such retiree or discontinued member,\\nwithin such period of time after such effective date and in accordance\\nwith such procedures as are prescibed in such resolution, may elect the\\nmethod of Option 1 benefit determination set forth in items (i) and (ii)\\nof this subparagraph.\\n (3) In any case where, pursuant to board resolution, a benefit is\\nrequired to be determined under the modified Option 1 pension\\ncomputation formula and the determination of such benefit is also\\nrequired by a board resolution adopted pursuant to item (iii) of\\nsubparagraph one of paragraph (d) of this subdivision to reflect\\ndifferent computations of separate portions of such benefits the methods\\nof computation under the modified Option 1 pension computation formula\\nshall be appropriately adjusted so as to give effect to the provisions\\nof such resolution adopted pursuant to such item (iii).\\n (n) Any reference in this subdivision to retirement for service shall\\nbe deemed, for the purpose of this subdivision, to include retirement\\npursuant to the provisions of subdivision two of section ten of the\\nrules and regulations.\\n (o) The rate of regular interest applicable to determination of the\\nrate of member contribution of any member whose last membership began\\nprior to the date of enactment (as certified pursuant to section\\nforty-one of the legislative law) of this subdivision shall be the rate\\nof regular interest which was applicable, under the provisions of the\\nrules and regulations in effect prior to such date of enactment, to the\\ndetermination of the rate of member contribution of such member, and\\nnothing contained in the preceding paragraphs of this subdivision shall\\nbe construed as applicable to the determination of the rate of member\\ncontribution of any such member whose last membership so began or as\\nchanging or affecting the rate of member contribution of any such\\nmember.\\n (p) (1) In any case where:\\n (i) a conversion of a fixed benefit or portion thereof to a variable\\nbenefit is elected pursuant to section forty-two of the rules and\\nregulations; and\\n (ii) pursuant to any provision of law and/or the rules and regulations\\nand/or any resolution of the retirement board adopted thereunder, the\\nrate of regular interest and/or the mortality tables which were required\\nto be used in the actuarial determination of such fixed benefit being\\nconverted, are different from the rate of regular interest and/or\\nmortality tables would have been required to be used to determine a like\\nvariable benefit as of the same date (hereinafter referred to as the\\n\"calculation date\") as of which such fixed benefit was required to be\\ndetermined as an actuarial equivalent; the composition of the variable\\nportion of each instalment of benefit for each month of the conversion\\nperiod shall be determined in the manner prescribed in subparagraph two\\nof this paragraph (p).\\n (2) The amount, in units, of the variable portion for any such\\nconversion month to which subparagraph one of this paragraph applies\\nshall be equal to the number of units in the previous month's variable\\nportion, if any, plus a number of units which is the actuarial\\nequivalent, as of the calculation date, of the fixed portion converted\\neach month. Such actuarial equivalent units for each such month shall be\\ndetermined on the basis of the unit value for such month, in accordance\\nwith a scientific formula which recognizes the difference in the rates\\nof regular interest and/or mortality tables referred to in subparagraph\\none of this paragraph.\\n (3) In any case where:\\n (i) a conversion of a variable benefit is elected pursuant to section\\nforty-two of the rules and regulations; and\\n (ii) pursuant to any provision of law and/or the rules and regulations\\nand/or any resolution of the retirement board adopted thereunder, the\\nrate of regular interest and/or mortality tables which were required to\\nbe used in the actuarial determination of such variable benefit being\\nconverted are different from the rate of regular interest and/or\\nmortality tables which would have been required to be used to determine\\na like fixed benefit as of the same date (hereinafter referred to as the\\n\"calculation date\") as of which such variable benefit was required to be\\ndetermined as an actuarial equilvalent; the composition of the fixed\\nportion of each instalment of benefit for each month of the conversion\\nperiod shall be determined in the manner prescribed in subparagraph four\\nof this paragraph.\\n (4) The amount of the fixed portion for any such conversion month to\\nwhich subparagraph three of this paragraph applies shall be equal to the\\nprevious month's fixed portion, if any, plus a fixed amount which is the\\nactuarial equivalent, as of the calculation date, of the number of units\\nconverted each month. Such actuarial equivalent fixed amount for each\\nsuch month shall be determined on the basis of the unit value for such\\nmonth, in accordance with a scientific formula which recognizes the\\ndifference in the rates of regular interest and/or mortality tables\\nreferred to in subparagraph three of this paragraph.\\n (q) Notwithstanding any other provision of this section, an option\\nselection made pursuant to this subdivision and the rules and\\nregulations governing such choice previously filed by a member or\\nretired member may be changed no later than thirty days following the\\ndate of payability of his or her retirement allowance. A retired member\\nwho has been retired for disability may change an option selection\\npreviously filed no later than (1) thirty days following the date on\\nwhich such member's application for disability retirement was approved\\nby the retirement board or (2) thirty days following the date on which\\nsuch retiree was retired for disability, whichever is later.\\n 18. (a) The following terms, as used in this subdivision, shall have\\nthe following meanings, unless a different meaning is plainly required\\nby the context:\\n (1) \"Board of education\". The board of education of a city.\\n (2) \"Board of education retirement system\". The board of education\\nretirement system established pursuant to the provisions of this section\\nin a city.\\n (3) \"City\". A city having a population of one million or more.\\n (4) \"Rules and regulations\". The rules and regulations for the\\ngovernment, management and control of the board of education retirement\\nsystem adopted pursuant to the provisions of this section.\\n (5) \"Provisional employee\". Any person employed by the board of\\neducation on the basis of a provisional appointment pursuant to section\\nsixty-five of the civil service law.\\n (6) \"Education service\". Service as a paid official or employee of the\\nboard of education or the New York city school construction authority,\\nand allowable as provided in section four of the rules and regulations\\nor, in the case of a tier II member or a tier IV member, allowable\\npursuant to the provisions which respectively govern the service credit\\nof such a member of the board of education retirement system.\\n (7) \"Former provisional employee\". Any person permanently employed by\\nthe board of education:\\n (i) who is a transferred contributor in the New York city employees'\\nretirement system pursuant to section B3-57.0 or 13-188 of the\\nadministrative code of the city of New York; and\\n (ii) who first acquired membership in the New York city employees'\\nretirement system as a provisional employee of the board of education;\\nand\\n (iii) whose last period of permanent employment by the board of\\neducation was immediately preceded by his employment by the board of\\neducation as a provisional employee.\\n (8) \"Tier II member\". A member of a public retirement system who is\\nsubject to the provisions of article eleven of the retirement and social\\nsecurity law.\\n (9) \"Tier IV member\". A member of a public retirement system who is\\nsubject to the provisions of article fifteen of the retirement and\\nsocial security law.\\n (b) (1) Notwithstanding the provisions of paragraph (a) of subdivision\\none of this section or any provision of the rules and regulations or any\\nother provision of law to the contrary, membership in the board of\\neducation retirement system shall include any provisional employee in\\neducation service who elects to become a member in the manner prescribed\\nby the applicable provisions of subparagraph two or subparagraph three\\nof this paragraph.\\n (2) Any such provisional employee who is not a member of the New York\\ncity employees' retirement system at the time he or she elects to become\\na member of the board of education retirement system may make such an\\nelection of membership by filing with the board of education retirement\\nsystem a duly executed and acknowledged application for membership.\\n (3) Any such provisional employee who is a member of the New York city\\nemployees' retirement system at the time he or she elects to become a\\nmember of the board of education retirement system may make such an\\nelection of membership by filing simultaneously with the board of\\neducation retirement system a duly executed and acknowledged application\\nfor membership and a duly executed and acknowledged request that his or\\nher membership and service credit in the New York city employees'\\nretirement system be transferred to the board of education retirement\\nsystem.\\n (c) (1) Notwithstanding the provisions of section B3-57.0 or 13-188 of\\nthe administrative code of the city of New York or any provision of the\\nrules and regulations or any other provision of law to the contrary,\\nmembership in the board of education retirement system shall include any\\nformer provisional employee who, while employed in education service,\\nelects to become a member in the manner prescribed by subparagraph two\\nof this paragraph.\\n (2) Any such former provisional employee may make such an election of\\nmembership by filing simultaneously with the board of education\\nretirement system, within six months after the date of enactment (as\\ncertified pursuant to section forty-one of the legislative law) of this\\nsubdivision, a duly executed and acknowledged application for membership\\nand a duly executed and acknowledged request that his or her membership\\nand service credit in the New York city employees' retirement system be\\ntransferred to the board of education retirement system.\\n (d) Any election of membership in the board of education retirement\\nsystem made pursuant to paragraph (b) or paragraph (c) of this\\nsubdivision shall be irrevocable.\\n (e) (1) Upon the filing of a request for a transfer with the board of\\neducation retirement system as provided for in subparagraph three of\\nparagraph (b) of this subdivision or subparagraph two of paragraph (c)\\nof this subdivision, the board of education retirement system shall file\\nsuch request for a transfer with the New York city employees' retirement\\nsystem. Upon the filing of such request for a transfer with the New York\\ncity employees' retirement system, such retirement system shall make a\\ntransfer of reserves and accumulated contributions to the board of\\neducation retirement system in the manner required by section\\nforty-three of the retirement and social security law.\\n (2) Nothing contained in the preceding provisions of this subdivision\\nor of any other law shall be construed (i) as imposing any restriction\\nunder the third sentence of subdivision d of such section forty-three on\\nthe determination of the salary base for benefit computation purposes\\nwith respect to any person whose membership and service credit are\\ntransferred to the board of education retirement system pursuant to the\\napplicable preceding provisions of this subdivision, or (ii) as making\\nthe last sentence of such subdivision d applicable to any such\\ntransferee.\\n (3) Any employee of the board of education of the city of New York who\\nis a member of the New York city employees' retirement system may elect\\nto transfer membership to the New York city board of education\\nretirement system. Any election pursuant to this section shall be made\\nno later than the one hundred eightieth day next succeeding the date on\\nwhich the provisions hereof become effective by filing a written notice\\nthereof with the administrative head of the New York city employees'\\nretirement system, and the New York city board of education retirement\\nsystem, and, once made and filed, such election shall be irrevocable.\\nWhere an employee of the board of education becomes a member of the New\\nYork city board of education retirement system pursuant to this section,\\nthe New York city employees' retirement system shall make a transfer of\\nreserves, contributions, and credits to the New York city board of\\neducation retirement system in the manner required by section\\nforty-three of the retirement and social security law.\\n (f) Notwithstanding the provisions of paragraph (a) of subdivision one\\nof this section or any provision of the rules and regulations or any\\nother provision of law to the contrary, membership in the board of\\neducation retirement system shall include any person employed by the New\\nYork city police department in the title of school crossing guard who\\nbecomes a member in the manner prescribed by the provisions of\\nsubdivision g of section 13-638.4 of the administrative code of the city\\nof New York.\\n (g)(1) For purposes of this paragraph, the terms \"career pension plan\\nmember\", \"career pension plan position\" and \"fifty-five-year-increased-\\nservice-fraction member\" shall have the meanings set forth in paragraphs\\ntwenty-eight, twenty-nine and thirty-one, respectively, of section two\\nof the rules and regulations.\\n (2) For purposes of this paragraph, the term \"fractional plan member\"\\nshall mean a member of the board of education retirement system holding\\na career pension plan position who is not a career pension plan member\\nor a fifty-five-year-increased-service-fraction member, and who is not\\nsubject to the provisions of article eleven, fourteen or fifteen of the\\nretirement and social security law.\\n (3) Notwithstanding any provision of this section or any other\\nprovision of law to the contrary, effective October first, nineteen\\nhundred ninety-three, the rules and regulations shall be deemed to be\\namended so as to provide that any fractional plan member in education\\nservice on such date, who holds a career pension plan position on such\\ndate, shall, on such date, be deemed to have elected to become a career\\npension plan member under the same terms and conditions, and with the\\nsame rights, benefits, privileges and obligations as are applicable to\\nsimilarly situated members of the New York city employees' retirement\\nsystem, as provided in subdivision m of section 13-162 of the\\nadministrative code of the city of New York, as enacted by the act which\\nadded this paragraph.\\n (h) (1) For the purposes of this paragraph, including, without\\nlimitation, the use, pursuant to subparagraph two of this paragraph, of\\nthe provisions of paragraphs one, two and three of subdivision c of\\nsection 13-162 of the administrative code of the city of New York and\\nsubparagraph (a) of paragraph four of such subdivision (as amended by\\nthe provisions of the chapter of the laws of nineteen hundred\\nninety-five which added this paragraph) to prescribe certain of the\\nadditional rights, privileges, benefits and obligations hereunder, of\\ncareer pension plan members and increased-service-fraction members, the\\nfollowing items of this subparagraph one shall apply:\\n (i) the terms \"career pension plan\", \"career pension plan member\",\\n\"career pension plan position\" and\\n\"fifty-five-year-increased-service-fraction-member\" shall have the\\nmeanings set forth in paragraphs twenty-seven, twenty-eight, twenty-nine\\nand thirty-one, respectively, of section two of the rules and\\nregulations;\\n (ii) the term \"city-service\", as used in the provisions of subdivision\\nc of such section 13-162 referred to in the opening paragraph of this\\nparagraph one shall be deemed to mean \"education-service\", as defined in\\nsubparagraph six of paragraph (a) of this subdivision;\\n (iii) the term \"career pension plan qualifying service\", as used in\\nsuch provisions of subdivision c of section 13-162, shall mean\\n\"creditable career pension plan service\" as defined in paragraph\\nthirty-eight of section two of the rules and regulations;\\n (iv) the pension referred to in item (ii) of subparagraph (a) of\\nparagraph four of such subdivision c of section 13-162 shall be deemed\\nto mean the pension referred to in subdivision seven of section twelve\\nof the rules and regulations; and\\n (v) the provisions of subparagraph (b) of paragraph four of\\nsubdivision c of such section 13-162 shall be deemed inapplicable to\\ncareer pension plan members and\\nfifty-five-year-increased-service-fraction members who are subject to\\nthe provisions of this paragraph.\\n (2) Notwithstanding any provision of the rules and regulations or this\\nsection or any other provision of law to the contrary, the rules and\\nregulations shall be deemed to be amended so as to provide that on and\\nafter the effective date of this paragraph:\\n (i) each career pension plan member, subject to the succeeding\\nsubparagraphs of this paragraph, shall have the same additional rights,\\nprivileges, benefits and obligations and be subject to the same\\nadditional terms and conditions with respect to withdrawing his or her\\nelection to be a career pension plan member as are provided for in\\nrelation to a similarly situated career pension plan member of the New\\nYork city employees' retirement system by the chapter of the laws of\\nnineteen hundred ninety-five which added this paragraph; and\\n (ii) each fifty-five-year-increased-service-fraction member, subject\\nto the succeeding subparagraphs of this paragraph, shall have the same\\nadditional rights, privileges, benefits and obligations and be subject\\nto the same additional terms and conditions with respect to electing to\\nbe a career pension plan member as are provided for in relation to a\\nsimilarly situated fifty-five-year-increased-service-fraction member of\\nthe New York city employees' retirement system by the chapter of the\\nlaws of nineteen hundred ninety-five which added this paragraph.\\n (3) In any case where a member effects a change in his or her\\nretirement plan pursuant to the preceding subparagraphs of this\\nparagraph, his or her normal rate of member contribution as a member of\\nsuch changed plan shall be fixed pursuant to the appropriate provisions\\nof the rules and regulations with respect to rates of member\\ncontribution of members of such changed plan.\\n (4) Nothing contained in subparagraph two of this paragraph shall be\\nconstrued as diminishing or impairing:\\n (i) any right granted to any career pension plan member by the\\nprovisions of paragraph ten of subdivision m of section 13-162 of the\\nadministrative code of the city of New York, where the provisions of\\nsuch paragraph ten are made applicable to such member by paragraph (g)\\nof this subdivision; and\\n (ii) any right granted to a career pension plan member by subparagraph\\n(a) of paragraph one of subdivision c of section thirty of the rules and\\nregulations to withdraw from the career pension plan.\\n (5) Notwithstanding any provision of the rules and regulations or this\\nsection or any other provision of law to the contrary, the rules and\\nregulations shall be deemed to be amended so as to provide that:\\n (i) subject to the provisions of item (ii) of this subparagraph five,\\nin any case where, on or after the effective date of this paragraph, a\\nfifty-five-year-increased-service-fraction member dies in service while\\nsuch a member, after completing twenty or more years of creditable\\ncareer pension plan service, such member shall be deemed to have died as\\na career pension plan member, if status as such a career pension plan\\nmember at the time of his or her death would result in a benefit larger\\nthan the benefit which would be payable if such member died while a\\nfifty-five-year-increased-service-fraction member; and\\n (ii) in any case where a member referred to in item (i) of this\\nsubparagraph five is a Tier II member at the time of his or her death,\\nany change in the plan membership of such member pursuant to such item\\n(i) shall not change, alter or affect the applicability of article\\neleven of the retirement and social security law to such member.\\n (i) A retired member of the board of education retirement system shall\\nhave the right, at any time after the retired member's retirement, to\\nexecute and file a dues deduction authorization card with such\\nretirement system authorizing the deduction from the retired member's\\nretirement allowance of membership dues and the payment thereof to a\\nretiree organization of which the retired member certifies he or she is\\nthen a member and which the retired member certifies is then affiliated\\nwith either an employee organization certified or recognized as the\\ncollective bargaining representative of all employees in the negotiating\\nunit of which the retired member was a part prior to his or her\\nretirement or an employee organization with which such employee\\norganization is then affiliated. The comptroller shall thereafter deduct\\nfrom the retirement allowance of such retired member the amount of\\nmembership dues required to be paid by such retired member, and shall\\ntransmit the sum so deducted to said retiree organization. Such\\nauthorization shall continue in effect until revoked in writing by such\\nretired member.\\n (j) Notwithstanding any other provision of law or rule, a retired\\nmember of the board of education retirement system of the city of New\\nYork shall be permitted to repay the outstanding balance of a loan taken\\npursuant to the rules and regulations of the retirement system at any\\ntime. Benefits payable after the repayment of the loan shall not be\\nsubject to any actuarial reduction imposed as a result of an outstanding\\nbalance.\\n ** 19. Pick up of Tier I and Tier II member contributions by the\\nemployer. (a) For the purposes of this subdivision:\\n (1) The terms \"board of education,\" \"rules and regulations\" and\\n\"retirement system\" shall have the meanings set forth in subparagraphs\\none, three and four, respectively, of paragraph (a) of subdivision\\nsixteen of this section; and\\n (2) the terms \"member,\" \"Tier I member\" and \"Tier II member\" shall\\nhave the meanings set forth in subparagraphs one, four and five,\\nrespectively, of subparagraph (b) of subdivision seventeen of this\\nsection.\\n (b) the following terms, as used in this subdivision, shall have the\\nfollowing meanings, unless a different meaning is plainly required by\\nthe context:\\n (1) \"Basic rate of contribution as a Tier I or Tier II member.\" (i)\\nSubject to the provisions of clauses (ii) and (iii) of this subparagraph\\none, the term \"basic rate of contribution as a Tier I or Tier II member\"\\nshall mean the proportion of the earnable compensation of a Tier I\\nmember or Tier II member required by the provisions of subparagraph (i)\\nof paragraph f of subdivision one of section eight of the rules and\\nregulations and any other applicable provisions of the rules and\\nregulations or law to be deducted from the personal compensation of such\\nmember as his or her member contributions, exclusive of any increase in\\nsuch contributions resulting from an election by such member pursuant to\\nlaw to effect such an increase, or any decrease in such contributions on\\naccount of any program for increased-take-home-pay or pursuant to\\nsubdivision one of section one hundred thirty-eight-b of the retirement\\nand social security law (relating to election to decrease member\\ncontributions by contributions due on account of social security\\ncoverage).\\n (ii) In any case where it is provided in the rules and regulations\\nthat the deduction from a member's compensation on account of member\\ncontributions required to be made by a Tier I member or Tier II member\\nshall not be in excess of fifteen per centum unless the member so\\nelects, and such member makes such election, any per centum of such\\ndeduction in excess of fifteen per centum with respect to such member\\nshall not be included in such member's basic rate of contribution as a\\nTier I or Tier II member.\\n (iii) In any case where a Tier I member or Tier II member who is a\\nfifty-five-year-increase-service-fraction member (as defined in\\nsubdivision thirty-one of section two of the rules and regulations) has\\nelected or elects, pursuant to paragraph g of subdivision one of section\\neight of the rules and regulations, to contribute to the retirement\\nsystem at a rate one per centum less than such member's normal rate of\\ncontribution, such member's basic rate of contribution as a Tier I or\\nTier II member, during any period wherein such election is in effect,\\nshall be one per centum less than such member's normal rate of\\ncontribution as a fifty-five-year-increased-service-fraction member. In\\nany case where any such member elects pursuant to such paragraph g to\\ndiscontinue such reduction, such election to discontinue shall not be\\ndeemed, for the purposes of subparagraph four of this paragraph (b) to\\nbe an election to increase member contributions above the level\\nprescribed by the member's basic rate of contribution as a Tier I or\\nTier II member, and upon such discontinuance, such member's basic rate\\nof contribution as a Tier I or Tier II member shall be his or her normal\\nrate of contribution as a fifty-five-year-increased-service-fraction\\nmember.\\n (2) \"Contributing Tier I or Tier II member.\" With respect to any\\npayroll period as to which the status of a Tier I member or Tier II\\nmember as to required member contributions is to be determined, the term\\n\"contributing Tier I or Tier II member\" shall mean any Tier I member or\\nTier II member other than any Tier I member or Tier II member who is not\\nrequired to contribute during such payroll period because of his or her\\nthen currently effective election, pursuant to subparagraph f of\\nparagraph one of section eight of the rules and regulations, not to\\ncontribute.\\n (3) \"Employer responsible for pick up.\" The public employer by which a\\nTier I member or Tier II member is employed.\\n (4) \"Tier I or Tier II member contributions eligible for pick up by\\nthe employer.\" (i) With respect to any payroll period for a contributing\\nTier I or Tier II member (as defined in subparagraph two of this\\nparagraph (b)), the amount of member contributions which, in the absence\\nof a pick up program applicable to such member pursuant to this\\nsubdivision, would be required by law to be deducted, on account of such\\nmember's basic rate of contribution as a Tier I or Tier II member (as\\ndefined in subparagraph one of this paragraph), from the personal\\ncompensation of such member for such payroll period, after (A) giving\\neffect to any reduction in such contributions required under any program\\nfor increased-take-home-pay or pursuant to subdivision one of section\\none hundred thirty-eight-b of the retirement and social security law and\\n(B) excluding any deductions from such compensation (or redeposits,\\nrestorations or payments) on account of (1) loans or withdrawal of\\nexcess contributions or (2) any election by any such member, pursuant to\\nany applicable provision of the rules and regulations, to increase his\\nor her member contributions above the level prescribed by his or her\\nbasic rate of contribution as a Tier I or Tier II member or (3) any\\nother cause not attributable to the member's basis rate of contribution\\nas a Tier I or Tier II member after reduction in such rate, if any, as\\ndescribed in item (A) of this clause (i).\\n (ii) If no deductions on account of any such member's basic rate of\\ncontribution as a Tier I or Tier II member are required by the rules and\\nregulations to be made from the personal compensation of such member for\\nany payroll period, such member shall not have, for such payroll period,\\nany Tier I or Tier II member contributions eligible for pick up by the\\nemployer. The amount of Tier I or Tier II member contributions eligible\\nfor pick up by the employer of any Tier I member or Tier II member for\\nany payroll period shall be determined solely on the basis of personal\\ncompensation paid to such member for such payroll period by his or her\\npublic employer. A Tier I member or Tier II member shall not have any\\nTier I or Tier II member contributions eligible for pick up by the\\nemployer with respect to any payroll period for which he or she is not\\npaid personal compensation by his or her public employer.\\n (5) \"Starting date for pickup.\" The first day of the first whole\\npayroll period commencing after the date which is sixty days after the\\ninternal revenue service shall have issued a ruling that member\\ncontributions picked up pursuant to this subdivision are not includible\\nas gross income for federal income tax purposes until distributed or\\nmade available.\\n (c) Notwithstanding any other provision of the law to the contrary, on\\nand after the starting date for pick up, the employer responsible for\\npick up shall pick up and pay into the annuity savings fund (subject to\\nthe provisions of subparagraph four of paragraph (f) of this\\nsubdivision) the Tier I or Tier II member contributions eligible for\\npick up by the employer which each Tier I member and Tier II member\\nwould otherwise be required to make on and after such starting date.\\n (c-1) Notwithstanding any other provision of law to the contrary, the\\nemployer responsible for pick up shall, in the case of a member who is a\\nparticipant in the age fifty-five improved benefit retirement program\\n(as defined in paragraph ten of subdivision a of section four hundred\\nforty-five-d of the retirement and social security law), pick up and pay\\nto the retirement system all additional member contributions which\\notherwise would be required to be deducted from such member's\\ncompensation pursuant to paragraph three of subdivision d of such\\nsection four hundred forty-five-d, and shall effect such pick up on each\\nand every payroll of such participant for each and every payroll period\\nwith respect to which such paragraph three otherwise would require such\\ndeductions.\\n (c-2) Notwithstanding any other provision of law to the contrary, the\\nemployer responsible for pick up shall, in the case of a member who is a\\nparticipant in the age fifty-five retirement program (as defined in\\nparagraph ten of subdivision a of section four hundred forty-five-i of\\nthe retirement and social security law), pick up and pay to the\\nretirement system all additional member contributions which otherwise\\nwould be required to be deducted from such member's compensation\\npursuant to paragraph three of subdivision d of section four hundred\\nforty-five-i of the retirement and social security law, and shall effect\\nsuch pick up on each and every payroll of such participant for each and\\nevery payroll period with respect to which such paragraph three\\notherwise would require such deductions.\\n (d) An amount equal to the amount of such picked up contributions\\nshall be deducted by the employer responsible for pick up from the\\npersonal compensation of such member (as such compensation would be in\\nthe absence of a pick up program applicable to him or her hereunder) and\\nshall not be paid to such member. Such deduction shall be effected by\\nmeans of subtraction from such member's current personal compensation\\n(as so defined), or offset against future pay increases, or a\\ncombination of such methods.\\n (e) (1) * The member contributions and additional member contributions\\npicked up pursuant to this subdivision for any Tier I member or Tier II\\nmember shall be paid by the employer responsible for pick up in lieu of\\nan equal amount of the member contributions and additional member\\ncontributions otherwise required to be paid by such member under the\\nprovisions of the rules and regulations or the retirement and social\\nsecurity law, and shall be deemed to be and treated as employer\\ncontributions pursuant to subsection h of section four hundred fourteen\\nof the United States internal revenue code, as amended, for the\\npurposes, under federal law, for which such subsection h so classifies\\nsuch picked up contributions. Subject to the provisions of paragraph (d)\\nof this subdivision, for all other purposes, including but not limited\\nto:\\n * NB Effective until notice of ruling by Internal Revenue Service per\\nch. 627/2007 §22\\n * The member contributions and additional member contributions picked\\nup pursuant to this subdivision for any Tier I member or Tier II member\\nshall be paid by the employer responsible for pick up in lieu of an\\nequal amount of the member contributions and additional member\\ncontributions otherwise required to be paid by such member under the\\nprovisions of the rules and regulations or the retirement and social\\nsecurity law, including any member contributions required to be made for\\nthe purchase of credit for previous service or credit for military\\nservice pursuant to subparagraph three of this paragraph, provided,\\nhowever, that contributions picked up for the purchase of credit for\\nmilitary service shall be deposited in the employer contribution account\\nin accordance with subdivision four of section one thousand of the\\nretirement and social security law, and shall be deemed to be and\\ntreated as employer contributions pursuant to subsection h of section\\nfour hundred fourteen of the United States internal revenue code, as\\namended, for the purposes, under federal law, for which such subsection\\nh so classifies such picked up contributions. Subject to the provisions\\nof paragraph (d) of this subdivision, for all other purposes, including\\nbut not limited to:\\n * NB Takes effect upon notice of ruling by Internal Revenue Service\\nper ch. 627/2007 §22\\n (i) the obligation of such member to pay New York state and New York\\ncity income and/or wages or earnings taxes and the withholding of such\\ntaxes; and\\n (ii) the determination of the amount of such member's Tier I or Tier\\nII member contributions eligible for pick up by the employer or\\nadditional member contributions required to be picked up pursuant to\\nparagraph c-one or c-two of this subdivision; and\\n (iii) the determination of the amount of any retirement allowance or\\nother retirement system benefit payable to or on account of such member\\nor any other retirement system right, benefit or privilege of such\\nmember;\\nthe amount of the member contributions and additional member\\ncontributions picked up pursuant to this subdivision shall be deemed to\\nbe a part of the employee personal compensation of such member and such\\nmember's gross personal compensation (as it would be in the absence of a\\npick up program applicable to him or her hereunder) shall not be deemed\\nto be changed by such member's participation in such program.\\n (2) Nothing contained in subparagraph one of this paragraph (e) shall\\nbe construed as superseding the provisions of section four hundred\\nthirty-one of the retirement and social security law or any similar\\nprovision of law which limits the salary base for computing retirement\\nbenefits payable by a public retirement system.\\n * (3) Employer pick-up of contributions in respect of previous service\\nor military service. Notwithstanding any other provision of law, any\\nmember eligible to purchase credit for previous service with a public\\nemployer pursuant to this section or to purchase credit for military\\nservice pursuant to article twenty of the retirement and social security\\nlaw, may elect to purchase any or all of such service by executing a\\nperiodic payroll deduction agreement where and to the extent such\\nelections are permitted by the retirement system by rule or regulation.\\nSuch agreement shall set forth the amount of previous service or\\nmilitary service being purchased, the estimated total cost of such\\nservice credit, and the number of payroll periods in which such periodic\\npayments shall be made. Such agreement shall be irrevocable, shall not\\nbe subject to amendment or modification in any manner, and shall expire\\nonly upon completion of payroll deductions required therein.\\nNotwithstanding the foregoing, any member who has entered into such a\\npayroll deduction agreement and who terminates employment prior to the\\ncompletion of the payments required therein shall be credited with any\\nservice as to which such member shall have paid the contributions\\nrequired under the terms of the agreement.\\n * NB Takes effect upon notice of ruling by Internal Revenue Service\\nper ch. 627/2007 §22\\n (f) (1) For the purpose of determining the retirement system rights,\\nbenefits and privileges of any Tier I member or Tier II member whose\\nTier I or Tier II member contributions eligible for pick up by the\\nemployer are picked up pursuant to this subdivision (including the\\nprocurement of loans by any such member), such picked up member\\ncontributions, subject to the provisions of subparagraph four of this\\nparagraph (f), shall be deemed to be and treated (i) as member\\ncontributions made by such member pursuant to law and (ii) as a part of\\nsuch member's accumulated deductions.\\n (2) For the purpose of determining the retirement system rights,\\nbenefits and privileges of any member who is a participant in the age\\nfifty-five improved benefit retirement program (as defined in paragraph\\nten of subdivision a of section four hundred forty-five-d of the\\nretirement and social security law), the additional member contributions\\nof such participant picked up pursuant to paragraph (c-one) of this\\nsubdivision shall be deemed to be and treated as a part of such member's\\nadditional member contributions under subdivision d of such section four\\nhundred fifty-five-d.\\n (2-a) For the purpose of determining the retirement system rights,\\nbenefits and privileges of any member who is a participant in the age\\nfifty-five retirement program (as defined in paragraph ten of\\nsubdivision a of section four hundred forty-five-i of the retirement and\\nsocial security law), the additional member contributions of such\\nparticipant picked up pursuant to paragraph c-two of this subdivision\\nshall be deemed to be and treated as a part of such member's additional\\nmember contributions under subdivision d of section four hundred\\nforty-five-i of the retirement and social security law.\\n (3) Interest on contributions picked up for any Tier I member or Tier\\nII member pursuant to this subdivision (other than additional member\\ncontributions picked up pursuant to paragraph c-one or c-two of this\\nsubdivision) shall accrue in favor of the member and be payable to the\\nretirement system at the same rate, for the same time periods, in the\\nsame manner and under the same circumstances as interest would be\\nrequired to accrue in favor of the member and be payable to the\\nretirement system on such contributions if they were made by such member\\nin the absence of a pick up program applicable to such member under the\\nprovisions of this section.\\n (4) Where member contributions of any Tier I member or Tier II member\\nare picked up and paid into the annuity savings fund pursuant to this\\nsection, such picked up contributions shall be credited to a separate\\naccount within the individual account of such member in such fund, so\\nthat a separate record of the amount of such picked up contributions is\\nmaintained.\\n (5) For the purpose of determining the retirement system rights,\\nbenefits and privileges of any Tier I member or Tier II member who is a\\nparticipant in a variable annuity program of the retirement system, his\\nor her picked up member contributions shall, to the extent and in the\\nproportions appropriate pursuant to his or her election to participate\\nin such program, be deemed to be and treated as a part of his or her\\naccumulated deductions and/or credits in his or her account in the\\nvariable annuity savings fund. A separate record shall be kept showing\\nany such variable annuity savings fund account credits attributable to\\nany such picked up contributions.\\n (6) Nothing contained in this paragraph (f) shall be construed as\\ngranting member contributions or additional member contributions picked\\nup under this subdivision any status, under federal law, other than as\\nemployer contributions, pursuant to subsection h of section four hundred\\nfourteen of the United States internal revenue code, for the federal\\npurposes for which such subsection h so classifies such picked up\\ncontributions.\\n (g) No member whose member contributions or additional member\\ncontributions are required to be picked up pursuant to this subdivision\\nshall have any right to elect that such pick up, with accompanying\\ndeduction from the personal compensation of such member as prescribed by\\nparagraph (d) of this subdivision, shall not be effectuated.\\n ** NB Expires per ch. 681/92 § 16\\n * 20. (a) For the purposes of this subdivision, the terms \"rules and\\nregulations\" and \"retirement system\" shall have the meanings set forth\\nin subparagraphs three and four, respectively, of paragraph (a) of\\nsubdivision sixteen of this section.\\n (b) The following terms, as used in this subdivision, shall have the\\nfollowing meanings, unless a different meaning is plainly required by\\nthe context:\\n (1) \"Tax-deferred annuity program\". The tax-deferred annuity program\\nestablished pursuant to the provisions of section thirty-one hundred\\nnine-A of this chapter and section thirty-three of the rules and\\nregulations.\\n (2) \"Annuity savings fund\". The annuity savings fund under the\\ntax-deferred annuity program.\\n (3) \"Annuity reserve fund\". The annuity reserve fund under the\\ntax-deferred annuity program.\\n (4) \"Variable annuity savings fund\". The variable annuity savings fund\\nunder the tax-deferred annuity program.\\n (5) \"Variable annuity reserve fund\". The variable annuity reserve fund\\nunder the tax-deferred annuity program.\\n (6) \"Tax-deferred annuity account\". The tax-deferred annuity account\\nmaintained in the tax-deferred annuity program by a participant in such\\nprogram.\\n (c) (1) Notwithstanding any provision of the rules and regulations or\\nany other provision of law to the contrary, a participant in the\\ntax-deferred annuity program who, pursuant to the applicable provisions\\nof the rules and regulations and/or the retirement and social security\\nlaw, retires for service or disability, or who discontinues service with\\na vested right to receive a deferred retirement allowance, may elect to\\ndefer commencement of the distribution of his or her tax-deferred\\nannuity account to the latest date permitted by the provisions of\\nsection 403(b) of the internal revenue code pertaining to the\\ncommencement of distribution of tax-deferred annuities, by filing an\\nelection for such deferral of distribution with the retirement system\\nduring the time period which:\\n (i) for a service retiree, commences on the day such person's\\napplication for service retirement is filed with the retirement system,\\nand which ends on the day prior to the effective date of retirement; or\\n (ii) for a disability retiree, commences on the day such person\\nreceives notification from the retirement system that it has approved\\nhis or her retirement for disability, and which ends on the thirtieth\\nday after such receipt of notification; or\\n (iii) for a member who discontinues service with a vested right to\\nreceive a deferred retirement allowance, commences thirty days prior to\\nthe date of such discontinuance of service, and which ends on the day\\nsuch retirement allowance becomes payable pursuant to the applicable\\nprovisions of the rules and regulations and/or the retirement and social\\nsecurity law.\\n (2) A participant in the tax-deferred annuity program who, pursuant to\\nthe provisions of subparagraph one of this paragraph, has elected to\\ndefer commencement of the distribution of his or her tax-deferred\\nannuity account to the latest date for distribution referred to in such\\nsubparagraph one may revoke such election by filing a revocation of such\\nelection with the retirement system at any time prior to such latest\\ndate. Where a participant has made such a revocation, the distribution\\nof his or her tax-deferred annuity account shall be made thereafter in\\naccordance with the applicable provisions of the rules and regulations.\\n (3) Where a participant in the tax-deferred annuity program has\\nelected, pursuant to the provisions of subparagraph one of this\\nparagraph, to defer commencement of the distribution of his or her\\ntax-deferred annuity account to the latest date for distribution\\nreferred to in such subparagraph one, the application of any provision\\nof the rules and regulations which requires the transfer of his or her\\ntax-deferred annuity account from the annuity savings fund to the\\nannuity reserve fund and/or from the variable annuity savings fund to\\nthe variable annuity reserve fund upon the retirement of such\\nparticipant shall be delayed until the commencement of distribution of\\nhis or her tax-deferred annuity account pursuant to such retirement and,\\nupon such commencement of distribution, such account shall be so\\ntransferred in accordance with such provision.\\n (4) Where a participant has made an election pursuant to the\\nprovisions of subparagraph one of this paragraph, the distribution of\\nthe entire amount in such participant's tax-deferred annuity account,\\nincluding any portion of such amount to be distributed pursuant to an\\noption for the payment of retirement benefits selected by such\\nparticipant pursuant to the rules and regulations or an applicable\\nprovision of the retirement and social security law, shall not extend\\nbeyond the maximum period permitted by the provisions of section 403(b)\\nof the internal revenue code pertaining to the distribution of\\ntax-deferred annuities.\\n (d) The rules and regulations may be amended pursuant to the\\nprocedures set forth in subdivision two of this section to establish\\nrules and regulations governing the borrowing by a participant in the\\ntax-deferred annuity program of contributions accumulated in his or her\\ntax-deferred annuity account, provided that in establishing and\\nadministering such rules and regulations, no action shall be taken that\\nwould render the tax-deferred annuity program in violation of section\\n403(b) of the internal revenue code.\\n (e) Notwithstanding any other provision of law, or any rule or\\nregulation, or the provisions of any retirement board resolution to the\\ncontrary:\\n (1) on or after the first business day immediately following the\\neffective date of this paragraph, interest shall be allowed at the rate\\nof seven percent per annum, compounded annually, on the tax-deferred\\naccounts in the annuity savings fund of participants (i) who hold a\\nposition represented by the recognized teacher organization for\\ncollective bargaining purposes, or (ii) who held such a position at the\\ntime they retired or discontinued service with vested rights to a\\nretirement allowance and elected to defer commencement of distribution\\nof their tax-deferred accounts in accordance with paragraph (c) of this\\nsubdivision; and\\n (2) the provisions of subparagraph one of this paragraph shall not\\naffect the rate of interest being charged on new loans from the\\ntax-deferred annuity program, and the rate of interest that was being\\ncharged on such loans immediately prior to the effective date of this\\nparagraph shall be used for new loans from the tax-deferred annuity\\nprogram made on or after the effective date of this paragraph, unless\\nthe rules and regulations governing loans from the tax-deferred annuity\\nprogram are amended pursuant to paragraph (d) of this subdivision to\\nestablish a different rate of interest applicable to such loans; and\\n (3) where a participant in the tax-deferred annuity program has\\nelected to transfer all or a portion of the amount credited to his or\\nher tax-deferred account in the annuity savings fund to a tax-deferred\\naccount in the variable annuity savings fund, the retirement system\\nshall effectuate such transfer as expeditiously as is administratively\\nfeasible.\\n * NB There are 2 sub 20's\\n * 20. Eligible rollover distributions. (a) For the purposes of this\\nsubdivision, the terms \"rules and regulations\" and \"retirement system\"\\nshall have the meanings set forth in subparagraphs three and four of\\nparagraph (a) of subdivision sixteen of this section.\\n (b) Notwithstanding anything to the contrary contained in section\\ntwenty-six of the rules and regulations, in the event that, under the\\nterms of this section or the rules and regulations, a person becomes\\nentitled to a distribution from the retirement system which constitutes\\nan \"eligible rollover distribution\" within the meaning of paragraph\\nthirty-one of subsection a of section four hundred one of the internal\\nrevenue code, such distributee may elect, subject to any rules and\\nregulations adopted pursuant to paragraph (c) of this subdivision, to\\nhave such distribution, or a portion thereof, paid directly to an\\n\"eligible retirement plan\" within the meaning of paragraph thirty-one of\\nsubsection a of section four hundred one of the internal revenue code.\\n (c) The retirement board is authorized to adopt such written\\nadministrative procedures as it finds to be necessary in administering\\nthe provisions of this subdivision, provided that they are not\\ninconsistent with the applicable provisions of the internal revenue code\\nand the rules and regulations thereunder.\\n * NB There are 2 sub 20's\\n 21. Certain distributions and transfers by participants in the\\ntax-deferred annuity program. (a) For the purposes of this subdivision:\\n (1) the terms \"rules and regulations\" and \"retirement system\" shall\\nhave the meanings set forth in subparagraphs three and four of paragraph\\n(a) of subdivision sixteen of this section; and\\n (2) the term \"tax-deferred annuity program\" shall mean the program\\nauthorized by section three thousand one hundred nine-A of this chapter\\nas set forth in section thirty-three of the rules and regulations of the\\nretirement system.\\n (b) (1) Notwithstanding any other provision of law to the contrary, in\\nthe event that a person becomes entitled to a distribution from the\\ntax-deferred annuity program which constitutes an \"eligible rollover\\ndistribution\" within the meaning of paragraph thirty-one of subsection a\\nof section four hundred one of the internal revenue code (as such\\nsection is made applicable to the tax-deferred annuity program by\\nparagraph ten of subsection b of section four hundred three of the\\ninternal revenue code), the person may elect, subject to any rules and\\nregulations adopted pursuant to paragraph (c) of this subdivision, to\\nhave such distribution, or a portion thereof, paid directly to an\\neligible retirement plan within the meaning of paragraph thirty-one of\\nsubsection a of section four hundred one of the internal revenue code.\\n (2) Nothing contained in section twenty-six or section thirty-three of\\nthe rules and regulations shall be construed to prohibit a participant\\nin the tax-deferred annuity program from electing to transfer all or a\\nportion of his or her tax-deferred annuity net contributions to another\\nannuity contract described in subsection b of section four hundred three\\nof the internal revenue code where a non-taxable trustee-to-trustee\\ntransfer of tax-deferred annuities is permitted by subsection b of\\nsection four hundred three of such code and the applicable rules,\\nregulations and rulings thereunder.\\n (c) The retirement board is authorized to adopt such written\\nadministrative procedures as it finds to be necessary in administering\\nthe provisions of this subdivision provided that they are not\\ninconsistent with the applicable provisions of the internal revenue code\\nand the rules and regulations thereunder.\\n 22. (a) For the purposes of this subdivision, the terms \"rules and\\nregulations\" and \"retirement system\" shall have the meanings set forth\\nin subparagraphs three and four, respectively, of paragraph (a) of\\nsubdivision sixteen of this section, and the terms \"Tier I member\",\\n\"Tier II member\", \"education service\" and \"discontinued member\" shall\\nhave the meanings set forth in subparagraphs four, five, ten and eleven,\\nrespectively, of paragraph (b) of subdivision seventeen of this section,\\nand the term \"fifty-five-year-increased-service-fraction member\" shall\\nhave the meaning set forth in paragraph thirty-two of section two of the\\nrules and regulations.\\n (b) Notwithstanding any other provision of law, subdivision a of\\nsection thirty-two of the rules and regulations shall be deemed to be\\namended to provide that any member of the retirement system who:\\n (1) discontinues education service on or after July first, nineteen\\nhundred sixty-eight, other than by death, retirement or dismissal; and\\n (2) is a fifty-five-year-increased-service-fraction member at the time\\nof such discontinuance; and\\n (3) (i) prior to such discontinuance, completed five or more years of\\nallowable service; and\\n (4) does not withdraw his or her accumulated deductions in whole or in\\npart; shall have a vested right to receive a deferred retirement\\nallowance as provided in section thirty-two of the rules and\\nregulations.\\n (c) Nothing contained in paragraph (b) of this subdivision shall\\nchange, alter or affect the applicability of the provisions of article\\neleven of the retirement and social security law to any Tier II member\\nwho becomes a discontinued member pursuant to the provisions of\\nparagraph (b) of this subdivision.\\n (d) Notwithstanding any other provision of law, a Tier I discontinued\\nmember with ten or more years of credited service in the retirement\\nsystem who dies before a retirement benefit becomes payable and who is\\notherwise not entitled to a death benefit from the retirement system\\nshall be deemed to have died on the last day that he or she was in\\nservice upon which his or her membership was based for purposes of\\neligibility for the payment of a death benefit pursuant to the\\nprovisions of section twenty of the rules and regulations. The death\\nbenefit payable in such case shall be one-half of that which would have\\nbeen payable had such member died on the last day that service was\\nrendered.\\n 23. (a) The following terms, as used in this subdivision, shall have\\nthe following meanings, unless a different meaning is plainly required\\nby the context:\\n (1) \"BERS\" or \"retirement system\". The board of education retirement\\nsystem of the city of New York established pursuant to the provisions of\\nthis section.\\n (2) \"BERS rules and regulations\". The rules and regulations for the\\ngovernment, management and control of BERS adopted pursuant to the\\nprovisions of this section.\\n (3) \"Retirement board\". The board established as the head of the\\nretirement system pursuant to sections five and five-a of the BERS rules\\nand regulations.\\n (b)(1) In addition to the powers conferred upon it by the BERS rules\\nand regulations or by any other provision of law, the retirement board\\nshall, on or before April first of each year, establish a budget\\nsufficient to fulfill the powers, duties and responsibilities set forth\\nin the BERS rules and regulations and any other provision of law which\\nsets forth the benefits of members of the retirement system. Said budget\\nshall also include the amounts withheld for the purpose of paying the\\nexpenses attributable to the tax-deferred annuity program pursuant to\\nthe provisions of subdivision b of section thirty-three of the BERS\\nrules and regulations, and the amounts deposited in the variable annuity\\nexpense fund pursuant to the provisions of subdivision 1 of section\\nthirty-six of the BERS rules and regulations. The retirement board\\nshall, if necessary, draw upon the assets of the retirement system to\\nfund the portion of such budget which is not derived from subdivision b\\nof section thirty-three of the BERS rules and regulations and\\nsubdivision 1 of section thirty-six of the BERS rules and regulations,\\nprovided that such action shall be subject to the provisions of\\nsubparagraphs two, three, four and five of this paragraph and paragraphs\\n(c), (d), (e) and (f) of this subdivision. The provisions of this\\nsubdivision shall not be applicable to the payment of investment\\nexpenses pursuant to section 13-705 of the administrative code of the\\ncity of New York and nothing contained herein shall be construed as\\nabolishing, limiting or modifying any power of the retirement board to\\nprovide for the payment of investment expenses pursuant to section\\n13-705 of such code.\\n (2) If a budget has not been adopted by the commencement of the new\\nfiscal year, the budget for the preceding fiscal year shall be deemed to\\nhave been extended for the new fiscal year until such time as a new\\nbudget is adopted.\\n (3) Any budget in effect pursuant to subparagraph one or two of this\\nparagraph shall be modifiable during such succeeding fiscal year.\\n (4) Notwithstanding any other provision of law, the retirement board\\nshall have the power either directly or by delegation to the executive\\ndirector of the retirement system to obtain by employment or by contract\\nthe goods, property and services necessary to fulfill its powers within\\nthe appropriation authorized by the retirement board pursuant to\\nsubparagraph one of this paragraph.\\n (5) The provisions of chapter seventeen of the New York city charter\\nshall continue to apply to the retirement system and the retirement\\nsystem shall constitute an agency for the purposes of such chapter\\nseventeen. The retirement board shall not obtain any legal services by\\nthe retention of employees or by contract unless the corporation counsel\\nshall consent thereto.\\n (6) All contracts for goods or services entered into by the retirement\\nsystem shall be procured as described for school districts in article\\nfive-A of the general municipal law. The retirement board shall be the\\ngoverning body as described in such law.\\n (7) The provisions of subparagraphs four and six of this paragraph\\nshall not apply to any contract or contracts relating to the variable\\nannuity funds and tax-deferred annuity program pursuant to sections\\nthirty-three and thirty-six of the BERS rules and regulations.\\n (c) Notwithstanding the provisions of paragraph (a) of subdivision one\\nof this section or any other provision of law or any provision of the\\nBERS rules and regulations to the contrary, any resolution of the\\nretirement board which establishes a budget or modifies a budget\\npursuant to the provisions of subparagraph one or three of paragraph (b)\\nof this subdivision shall require the concurrence of at least one\\nretirement board member who is appointed to the board of education by\\nthe mayor of the city of New York, and as otherwise required by law. The\\nprovisions of this paragraph shall apply only to resolutions of the\\nretirement board which establish or modify a budget pursuant to this\\nsubdivision, and nothing contained in this paragraph shall be construed\\nto apply to any other vote of the retirement board. No assets of the\\nretirement system shall be drawn upon pursuant to the provisions of\\nsubparagraph one of paragraph (b) of this subdivision unless authorized\\nby a budget or budget modification established by a resolution of the\\nretirement board.\\n (d) Employment by the retirement system shall constitute education\\nservice for the purposes of the BERS rules and regulations and any other\\nprovision of law which governs the crediting of service for members of\\nthe retirement system; provided, however, that nothing contained herein\\nshall be construed as granting membership rights in the retirement\\nsystem to a contractor of the retirement system or such contractor's\\nemployees.\\n (e) Whenever the assets of the retirement system are drawn upon\\npursuant to the provisions of subparagraph one of paragraph (b) of this\\nsubdivision, all monies so withdrawn shall be made a charge to be paid\\nby each participating employer otherwise required to make contributions\\nto the retirement system no later than the end of the fiscal year next\\nsucceeding the time period during which such assets were drawn upon,\\nprovided, however, that where such charge is for assets so withdrawn in\\nfiscal year two thousand four--two thousand five or in any fiscal year\\nthereafter, such charge shall be paid by each such participating\\nemployer no later than the end of the second fiscal year succeeding the\\ntime period during which such assets were drawn upon. The actuary for\\nthe retirement system shall calculate and allocate to each such\\nparticipating employer its share of such charge by multiplying such\\ncharge by a fraction, the numerator of which shall consist of the total\\nsalaries of the employees of each participating employer as of the June\\nthirtieth succeeding the withdrawal of assets and the denominator of\\nwhich shall consist of the total salaries of members of the retirement\\nsystem as of such June thirtieth. All charges to be paid pursuant to\\nthis subdivision shall be paid at the regular rate of interest utilized\\nby the actuary in determining employer contributions to the retirement\\nsystem pursuant to the provisions of paragraph two of subdivision b of\\nsection 13-638.2 of the administrative code of the city of New York.\\n (f) The funds withdrawn from the retirement system shall not be\\nutilized for any purpose other than the budget established by the\\nretirement board. All expenditures of the retirement system shall be\\nsubject to audit by the comptroller of the city of New York, who may\\nmake recommendations, including but not limited to, procedures designed\\nto improve accounting and expenditure control. All expenditures of the\\nretirement system shall be reported to the mayor's office of management\\nand budget and the budgetary office of all participating employers.\\n (g) The executive director of the retirement system, who shall be\\nappointed by the retirement board, shall perform such duties as may be\\nconferred upon him or her by the chairperson of the retirement board, by\\nresolution adopted by the retirement board, or by law.\\n * 24. (a) The following terms, as used in this subdivision, shall have\\nthe following meanings, unless a different meaning is plainly required\\nby the context:\\n (1) \"Board of education\". The board of education of a city.\\n (2) \"City\". A city having a population of one million or more.\\n (3) \"Retirement system\". The board of education retirement system\\nestablished pursuant to the provisions of this section in a city.\\n (4) \"Rules and regulations\". The rules and regulations for the\\ngovernment, management and control of the retirement system adopted\\npursuant to this section.\\n (5) \"Retirement board\". The retirement board of the retirement system\\nprovided for in section five-a of the rules and regulations.\\n (6) \"Retirement benefits\". Benefits payable to a beneficiary by the\\nretirement system which are subject to the limitations imposed by\\nsection 415(b) of the Internal Revenue Code.\\n (7) \"Beneficiary\". A person who is receiving retirement benefits from\\nthe retirement system.\\n (8) \"Excess benefit plan\". The excess benefit plan established by this\\nsubdivision for the sole purpose of paying benefits as permitted under\\nsection 415(m) of the Internal Revenue Code.\\n (9) \"Eligible participant\". A beneficiary who is entitled to\\nreplacement benefits from the excess benefit plan for a plan year in\\naccordance with paragraphs (d) and (e) of this subdivision.\\n (10) \"Replacement benefits\". The benefits payable by the excess\\nbenefit plan to an eligible participant as determined pursuant to\\nparagraph (e) of this subdivision.\\n (11) \"Internal Revenue Code\". The Federal Internal Revenue Code of\\n1986, as amended.\\n (12) \"Plan year\". The limitation year of the retirement system as\\nprovided in section six hundred twenty of the retirement and social\\nsecurity law.\\n (b) There is hereby established an excess benefit plan, the sole\\npurpose of which shall be to provide replacement benefits, as permitted\\nby section 415(m) of the Internal Revenue Code, to beneficiaries whose\\nannual retirement benefits have been reduced because such benefits\\nexceed the limitations imposed by section 415(b) of the Internal Revenue\\nCode. The excess benefit plan shall be administered by the retirement\\nboard.\\n (c) There is hereby established a fund to be known as the excess\\nbenefit fund which shall be maintained for the sole purpose of providing\\nreplacement benefits to eligible participants in the excess benefit plan\\nestablished by this subdivision, as permitted under section 415(m) of\\nthe Internal Revenue Code. Such fund shall consist of such employer\\ncontributions as shall be made thereto pursuant to paragraph (f) of this\\nsubdivision. Such contributions to the excess benefit fund shall be held\\nseparate and apart from the assets held by the other funds of the\\nretirement system, provided, however, that the assets of the excess\\nbenefit fund may be invested with the other retirement system assets,\\nbut such excess benefit fund assets shall be accounted for separately\\nfrom the other retirement system assets.\\n (d) All beneficiaries of the retirement system whose retirement\\nbenefits for a plan year are being reduced because of section 415(b) of\\nthe Internal Revenue Code shall be eligible participants in the excess\\nbenefit plan for that plan year. Participation in the excess benefit\\nplan shall be determined for each plan year. No beneficiary of the\\nretirement system shall be an eligible participant in the excess benefit\\nplan for any plan year for which his or her retirement benefits are not\\nreduced because of section 415(b) of the Internal Revenue Code.\\n (e)(1) For each plan year in which a beneficiary is an eligible\\nparticipant in the excess benefit plan, such eligible participant shall\\nreceive replacement benefits from the excess benefit plan equal to the\\ndifference between the full amount of the retirement benefits otherwise\\npayable to the eligible participant for that plan year prior to any\\nreduction because of section 415(b) of the Internal Revenue Code, and\\nthe retirement benefits payable to the eligible participant for that\\nplan year as reduced because of section 415(b) of the Internal Revenue\\nCode. No replacement benefits for any plan year shall be paid pursuant\\nto this paragraph to any beneficiary who is not receiving retirement\\nbenefits from the retirement system for that plan year.\\n (2) Replacement benefits pursuant to this subdivision shall be paid at\\nthe same time and in the same manner as the retirement benefits which\\nare being replaced. At no time shall an eligible participant be\\npermitted directly or indirectly to defer compensation under the excess\\nbenefit plan.\\n (f)(1) The required employer contributions to the excess benefit fund\\nfor each plan year shall be an amount, as determined by the actuary,\\nwhich is necessary to pay the total amount of replacement benefits that\\nare payable pursuant to this subdivision to eligible participants for\\nthat plan year.\\n (2) Such required employer contributions shall be paid into the excess\\nbenefit fund from an allocation of the employer contribution amounts\\npaid by the board of education and other public employers pursuant to\\nthe applicable provisions of subdivision sixteen of this section and\\nother applicable provisions of law. Such allocation of employer\\ncontribution amounts shall be paid into the excess benefit fund at such\\ntimes and in such amounts as determined by the actuary.\\n (3) The benefit liabilities of the excess benefit plan shall be funded\\non a plan year to plan year basis, provided, however, that any employer\\ncontributions to the excess benefit fund, including any investment\\nearnings on such contributions, which are not used to pay replacement\\nbenefits for the current plan year shall be used to pay replacement\\nbenefits for future plan years.\\n (g) The right of an eligible participant to receive replacement\\nbenefits pursuant to this subdivision, and the replacement benefits\\nreceived pursuant to this subdivision, shall be exempt from any state or\\nmunicipal tax, and shall not be subject to execution, garnishment,\\nattachment or any other process whatsoever, and shall be unassignable,\\nexcept as otherwise specifically provided for benefits payable by the\\nretirement system.\\n * NB There are 2 sb 24's\\n * 24. Notwithstanding any provisions of the rules or regulations or\\nany other provision of law to the contrary, in a city having a\\npopulation of one million or more, the board of education shall adopt a\\nresolution amending the provisions governing any retirement system\\nadopted pursuant to or subject to the provisions of this section to the\\nextent necessary to grant a retired member the right, at any time after\\nhis or her retirement, to execute and file a dues deduction\\nauthorization card with the member's retirement system authorizing the\\npayment of voluntary contributions to the political committee, as\\ndefined in section fourteen-one hundred of the election law, of such\\nmember's employee organization; (or a retirees' association chartered by\\nthe member's employee organization) provided such organization is\\ncertified or recognized pursuant to article fourteen of the civil\\nservice law as the representative of employees in the negotiation unit\\nin which such member was employed. Such authorization shall continue in\\neffect until revoked in writing by such member. The comptroller shall\\ndetermine the cost of administrative deductions for voluntary\\ncontributions to the political committees; and the cost incurred by the\\nretirement system in administering such contributions shall be paid from\\nthe funds of the political committee.\\n * NB There are 2 sb 24's\\n 25. (a) For the purposes of this subdivision, the terms \"rules and\\nregulations\" and \"retirement system\" shall have the meanings set forth\\nin subparagraphs three and four, respectively, of paragraph (a) of\\nsubdivision sixteen of this section.\\n (b) Notwithstanding any other provision of law to the contrary, the\\nrules and regulations adopted pursuant to this section shall be deemed\\nto be amended to provide that a member of the retirement system shall be\\ndeemed to have died as the natural and proximate result of an accident\\nsustained in the performance of duty upon which his or her membership is\\nbased, and not as a result of willful negligence on his or her part,\\nprovided that such member was in active service upon which his or her\\nmembership is based at the time that such member was ordered to active\\nduty pursuant to Title 10 of the United States Code, with the armed\\nforces of the United States or to service in the uniformed services\\npursuant to Chapter 43 of Title 38 of the United States Code, and such\\nmember died while on such active duty or service in the uniformed\\nservices on or after June fourteenth, two thousand five while serving on\\nsuch active military duty or in the uniformed services.\\n (c) Notwithstanding any other provision of law to the contrary, the\\nrules and regulations adopted pursuant to this section shall be deemed\\nto be amended to provide that any requirement that applications for\\naccidental disability be filed within a limited time period after the\\nhappening of such accident shall not apply to a vested member\\nincapacitated as a result of a qualifying World Trade Center condition\\nas defined in section two of the retirement and social security law.\\n (d)(1)(i) Notwithstanding any other provision of law to the contrary,\\nthe rules and regulations adopted pursuant to this section shall be\\ndeemed to be amended to provide that if any condition or impairment of\\nhealth is caused by a qualifying World Trade Center condition as defined\\nin section two of the retirement and social security law, it shall be\\npresumptive evidence that it was incurred in the performance and\\ndischarge of duty and the natural and proximate result of an accident\\nnot caused by such member's own willful negligence, unless the contrary\\nbe proved by competent evidence.\\n (ii) The New York city board of education retirement board is hereby\\nauthorized to promulgate rules and regulations to implement the\\nprovisions of this paragraph.\\n (2)(i) Notwithstanding any other provision of law to the contrary, the\\nrules and regulations adopted pursuant to this section shall be deemed\\nto be amended to provide that if a member who participated in World\\nTrade Center rescue, recovery or cleanup operations as defined in\\nsection two of the retirement and social security law, and subsequently\\nretired on a service retirement, an ordinary disability retirement, an\\naccidental disability retirement, a performance of duty disability\\nretirement, or was separated from service with a vested right to\\ndeferred payability of a retirement allowance and subsequent to such\\nretirement or separation is determined by the head of the retirement\\nsystem or applicable medical board to have a qualifying World Trade\\nCenter condition, as defined in section two of the retirement and social\\nsecurity law, upon such determination by the New York city board of\\neducation retirement board or applicable medical board, it shall be\\npresumed that such disability was incurred in the performance and\\ndischarge of duty as the natural and proximate result of an accident not\\ncaused by such member's own willful negligence, and that the member\\nwould have been physically or mentally incapacitated for the performance\\nand discharge of duty of the position from which he or she retired or\\nvested had the condition been known and fully developed at the time of\\nthe member's retirement or separation from service with vested rights,\\nunless the contrary is proven by competent evidence.\\n (ii) The New York city board of education retirement board shall\\nconsider a reclassification of the member's retirement or vesting as an\\naccidental disability retirement effective as of the date of such\\nreclassification.\\n (iii) Such member's retirement option shall not be changed as a result\\nof such reclassification.\\n (iv) The member's former employer at the time of the member's\\nretirement shall have an opportunity to be heard on the member's\\napplication for reclassification by the New York city board of education\\nretirement board according to procedures developed by the New York city\\nboard of education retirement board.\\n (v) The New York city board of education retirement board is hereby\\nauthorized to promulgate rules and regulations to implement the\\nprovisions of this paragraph.\\n (e) Notwithstanding any other provision of law to the contrary, the\\nrules and regulations adopted pursuant to this section shall be deemed\\nto be amended to provide that if a retiree or vestee who: (1) has met\\nthe criteria of paragraph (d) of this subdivision and retired on a\\nservice or disability retirement, would have met the criteria if not\\nalready retired on an accidental disability, or was separated from\\nservice with a vested right to deferred payability of a retirement\\nallowance; and (2) has not been retired for more than twenty-five years;\\nand (3) dies from a qualifying World Trade Center condition, as defined\\nin section two of the retirement and social security law, as determined\\nby the applicable head of the retirement system or applicable medical\\nboard, then unless the contrary be proven by competent evidence, such\\nretiree or vestee shall be deemed to have died as a natural and\\nproximate result of an accident sustained in the performance of duty and\\nnot as a result of willful negligence on his or her part. Such retiree's\\nor vestee's eligible beneficiary, as set forth in title twenty-one of\\nthe rules and regulation, shall be entitled to an accidental death\\nbenefit as provided by title twenty-one of the rules and regulations,\\nhowever, for the purposes of determining the salary base upon which the\\naccidental death benefit is calculated, the retiree or vestee shall be\\ndeemed to have died on the date of his or her retirement or separation\\nfrom service with vested rights. Upon the retiree's or vestee's death,\\nthe eligible beneficiary shall make a written application to the head of\\nthe retirement system within the time for filing an application for an\\naccidental death benefit as set forth in title twenty-one of the rules\\nand regulations requesting conversion of such retiree's service, vested\\nright or disability retirement benefit to an accidental death benefit.\\nAt the time of such conversion, the eligible beneficiary shall\\nrelinquish all rights to the prospective benefits payable under the\\nservice or disability retirement benefit, or vested right to such\\nbenefit, including any post-retirement death benefits, since the\\nretiree's or vestee's death. If the eligible beneficiary is not the only\\nbeneficiary receiving or entitled to receive a benefit under the service\\nor disability retirement benefit (including, but not limited to,\\npost-retirement death benefits or benefits paid or payable pursuant to\\nthe retiree's option selection), or that will be eligible under the\\nvested right the accidental death benefit payments to the eligible\\nbeneficiary will be reduced by any amounts paid or payable to any other\\nbeneficiary.\\n (f) Notwithstanding any other provision of law to the contrary, the\\nrules and regulations adopted pursuant to this section shall be deemed\\nto be amended to provide that if a member who: (1) has met the criteria\\nof paragraph (d) of this subdivision; (2) dies in active service or\\nafter separating from service with a vested right to deferred payability\\nof a retirement allowance, but prior to the payability of that\\nretirement allowance; and (3) dies from a qualifying World Trade Center\\ncondition, as defined in section two of the retirement and social\\nsecurity law, as determined by the applicable head of the retirement\\nsystem or applicable medical board, then unless the contrary be proven\\nby competent evidence, such member shall be deemed to have died as a\\nnatural and proximate result of an accident sustained in the performance\\nof duty and not as a result of willful negligence on his or her part.\\nSuch member's eligible beneficiary, as set forth in title twenty-one of\\nthe rules and regulations shall be entitled to an accidental death\\nbenefit provided he or she makes written application to the head of the\\nretirement system as set forth in title twenty-one of the rules and\\nregulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2575-A", "title" : "Transfer of certain board of education administrative employees' to school clerical services of the board of education of the city of New...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2575-A", "activeDate" : "2014-09-22", "sequenceNo" : 958, "repealedDate" : null, "fromSection" : "2575-A", "toSection" : "2575-A", "text" : " § 2575-a. Transfer of certain board of education administrative\\nemployees' to school clerical services of the board of education of the\\ncity of New York. Notwithstanding any other provision of this law to\\nthe contrary, any employee who has completed at least twenty years of\\ncontinuous board of education administrative service, or other service\\nas a member of the board of education retirement system, and having\\naccepted appointment to the school clerical or pedagogical service of\\nthe board of education of the city of New York, may continue membership\\nin the board of education retirement system and shall be permitted to\\ncontribute to such system and receive credit for services rendered to\\nthe school clerical or pedagogical service of the board of education of\\nthe city of New York as if such service was education service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2575-B", "title" : "Transfer of attendance teachers and specially certificated attendance officers to the New York City teachers' retirement system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2575-B", "activeDate" : "2014-09-22", "sequenceNo" : 959, "repealedDate" : null, "fromSection" : "2575-B", "toSection" : "2575-B", "text" : " § 2575-b. Transfer of attendance teachers and specially certificated\\nattendance officers to the New York City teachers' retirement system.\\nAny attendance teacher or specially certificated attendance officer who\\nis a member of the board of education retirement system of the City of\\nNew York shall have the right to transfer his membership to the\\nteachers' retirement system of the City of New York. In order to effect\\nsuch transfer, such member must given notice to the board of education\\nretirement system of the City of New York, on or before December\\nthirty-first, nineteen hundred sixty-nine, of his intention to transfer\\nto the said teachers' retirement system. Upon receipt of such notice,\\nthe board of education retirement system shall transfer to such\\nteachers' retirement system the reserves, including the reserve for\\nincreased take-home pay, on such member's benefits in the manner\\nprovided by section forty-three of the retirement and social security\\nlaw. The former system shall also transfer to the latter system the\\nmember's accumulated deductions which shall become such member's\\naccumulated deductions in the latter system. A person so transferring\\nshall be deemed to have been a member of the system to which he has\\ntransferred during the entire period of membership service credited to\\nhim in the system from which he has transferred. Such transferee shall\\nbe entitled to all the rights, privileges and benefits of the system to\\nwhich he has transferred. Upon his retirement, the mortality table in\\neffect in the teachers' retirement system of the City of New York on the\\ndate when he last became a member of the board of education retirement\\nsystem shall apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2575-C", "title" : "Transfer of the director of attendance, assistant director of attendance, chief attendance officer, division supervising attendance offic...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2575-C", "activeDate" : "2014-09-22", "sequenceNo" : 960, "repealedDate" : null, "fromSection" : "2575-C", "toSection" : "2575-C", "text" : " § 2575-c. Transfer of the director of attendance, assistant director\\nof attendance, chief attendance officer, division supervising attendance\\nofficers and district supervising attendance officers, supervisors of\\nschool social workers to the New York city teachers' retirement system.\\nAny director of attendance, assistant director of attendance, chief\\nattendance officer, division supervising attendance officers, and\\ndistrict supervising attendance officers, supervisors of school social\\nworkers who are members of the board of education retirement system of\\nthe city of New York shall have the right to transfer his membership to\\nthe teachers' retirement system of the city of New York. In order to\\neffect such transfer, such member must give notice to the board of\\neducation retirement system of the city of New York, on or before\\nDecember thirty-first, nineteen hundred seventy, of his intention to\\ntransfer to said teachers' retirement system. Upon receipt of such\\nnotice, the board of education retirement system shall transfer to such\\nteachers' retirement system the reserves, including the reserve for\\nincreased take home pay, or such member's benefits in the manner\\nprovided by section forty-three of the retirement and social security\\nlaw. The former system shall also transfer to the latter system the\\nmember's accumulated deductions which shall become such member's\\naccumulated deductions in the latter system. A person so transferring\\nshall be deemed to have been a member of the system to which he has\\ntransferred during the entire period of membership service credited to\\nhim in the system from which he has transferred. Such transferee shall\\nbe entitled to all the rights, privileges and benefits of the system to\\nwhich he has transferred. Upon his retirement, the mortality table in\\neffect in the teachers' retirement system of the city of New York on the\\ndate when he last became a member of the board of education retirement\\nsystem shall apply.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2575-D", "title" : "Payment of benefits by board of education retirement system of the city of New York in cases where workmen's compensation is or may be pa...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2575-D", "activeDate" : "2014-09-22", "sequenceNo" : 961, "repealedDate" : null, "fromSection" : "2575-D", "toSection" : "2575-D", "text" : " § 2575-d. Payment of benefits by board of education retirement system\\nof the city of New York in cases where workmen's compensation is or may\\nbe payable; reimbursement of such retirement system from workmen's\\ncompensation awards. The rules and regulations for the government,\\nmanagement and control of the board of education retirement system of\\nthe city of New York may be amended pursuant to the provisions of\\nsubdivision two of section twenty-five hundred seventy-five of this\\nchapter to provide that:\\n (1) the retirement board of such retirement system, pending the final\\ndetermination of a claim for workmen's compensation benefits, may\\nauthorize payment of all or any part of benefits which are payable under\\nsuch rules and regulations and with respect to which benefits\\nlimitations or restrictions based on workmen's compensation benefits are\\napplicable under such rules and regulations; and\\n (2) in the event that such authorization is granted by the retirement\\nboard, such retirement system shall be entitled to reimbursement out of\\nthe unpaid installment or installments of compensation due under the\\nworkmen's compensation law provided that claim therefor is filed with\\nthe workmen's compensation board, together with proof of the fact and\\namount of payment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2575-E", "title" : "Eligibility of retirees for membership in the board of education retirement system of the city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2575-E", "activeDate" : "2014-09-22", "sequenceNo" : 962, "repealedDate" : null, "fromSection" : "2575-E", "toSection" : "2575-E", "text" : " § 2575-e. Eligibility of retirees for membership in the board of\\neducation retirement system of the city of New York. Notwithstanding\\nany inconsistent provision of sections 13-267 and 13-379 of the\\nadministrative code of the city of New York, or any other provision of\\nthis chapter, or the code, or any other law, a person otherwise eligible\\nfor membership in the board of education retirement system of the city\\nof New York, who files with the board a statement duly executed and\\nacknowledged consenting for the period of his or her active membership\\nin the system to the suspension of all present benefits provided wholly\\nor partly by the city through any other retirement system or pension\\nfund and consenting and agreeing to membership and to the deductions for\\nannuity purposes prescribed in this chapter shall be a member of the\\nboard of education retirement system of the city of New York. Upon the\\nsubsequent retirement of such person from the board of education\\nretirement system of the city of New York, he or she shall receive\\nbenefits based on creditable service not included in the service upon\\nwhich his or her retirement allowance or pension from such other\\nretirement system or pension fund is or would be based, and, upon such\\nsubsequent retirement, payment of the benefits provided through such\\nother retirement system or pension fund, which had been suspended, shall\\nbe resumed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2576", "title" : "Annual estimate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2576", "activeDate" : "2014-09-22", "sequenceNo" : 963, "repealedDate" : null, "fromSection" : "2576", "toSection" : "2576", "text" : " § 2576. Annual estimate. 1. The board of education in each city having\\na population of less than one million shall prepare annually an itemized\\nestimate for the current or ensuing fiscal year of such sum of money as\\nit may deem necessary for the purposes stated in this section, after\\ncrediting thereto the amount anticipated in the next apportionment of\\nschool funds from the state and the estimated amount to be received from\\nall other sources. Such itemized estimate in such cities shall be filed\\nat such times and in such manner as city departments or officers are\\nrequired to submit estimates for such departments or officers. The board\\nof education in each other city shall prepare annually an itemized\\nestimate for the ensuing fiscal year and file the same on or before the\\nfirst day of September. Such estimates shall be for the following\\npurposes:\\n a. The salary of the superintendent of schools, associate, district or\\nassistant or other superintendents, examiners, directors, supervisors,\\nprincipals, teachers, lecturers, special instructors, claims auditors,\\ndeputy claims auditors, medical inspectors, nurses, attendance officers,\\nclerks, custodians and janitors and the salary, fees or compensation of\\nall other employees appointed or employed by said board of education. In\\naddition, the expenses of personnel utilized to fulfill the internal\\naudit function pursuant to section twenty-one hundred sixteen-b of this\\ntitle.\\n b. The other necessary incidental and contingent expenses, including\\nordinary repairs to buildings and the purchase of fuel and light,\\nsupplies, textbooks, school apparatus, books, furniture and fixtures and\\nother articles and service necessary for the proper maintenance,\\noperation and support of the schools, libraries and other educational,\\nsocial or recreational affairs and interests under its management and\\ndirection. The provisions of this section in regard to the purchase of\\nlight shall not apply to a city having a population of one million or\\nmore.\\n c. The remodelling or enlarging of buildings under its control and\\nmanagement, the construction of new buildings for uses authorized by\\nthis chapter and the furnishing and equipment thereof, the purchase of\\nreal property for new sites, additions to present sites, playgrounds or\\nrecreation centers and other educational or social purposes, and to meet\\nany other indebtedness or liability incurred under the provisions of\\nthis chapter or other statutes, or any other expenses which the board of\\neducation is authorized to incur. Nothing contained in this chapter\\nshall prevent the financing, in whole or in part, of any expenditure\\nenumerated in this subdivision pursuant to the local finance law.\\n 2. In the city school districts of Syracuse, Rochester and Yonkers\\nsuch estimate shall be filed with the mayor or city manager. Such\\nofficer shall place such estimate before the board of estimate and\\napportionment or other similar body at the same time and in the same\\nmanner as estimates from city departments or officers are placed before\\nsaid board or body, and such estimate shall thereafter be subject to the\\nsame consideration, action and procedure as all other estimates from\\ncity departments or officers and said board or body may increase,\\ndiminish or reject any item contained in said estimate, except for fixed\\ncharges for which the city is liable and subject to the limitations\\nprovided by subdivision five-b of this section. When such estimate is\\nadopted, the said board or body shall file it with the common council.\\n 4. In the city school district of Buffalo such estimate shall be filed\\nwith the officer authorized to receive other department estimates and\\nthe same acted on by such officer and by the council of such city in the\\nsame manner and with the same effect as other department estimates\\nexcept that such actions shall be subject to the limitations provided by\\nsubdivision five-b of this section. The council is also authorized, in\\nits discretion, to include in such budget a sum for any of the purposes\\nenumerated in paragraph c of subdivision one of this section, and any\\nfurther amount for such purposes as may be authorized by a tax election\\nheld in such city pursuant to the provisions of this chapter. After the\\nadoption of such budget the council shall cause the amount thereof to be\\nincluded in the tax and assessment roll of the city and the same shall\\nbe collected in the same manner and at the same time as other taxes of\\nthe city are collected, and placed to the credit of the board of\\neducation.\\n * 5. In the city school district of the city of New York, such\\nestimate shall be filed with the mayor. Actions on such estimates shall\\nbe subject to the limitations provided by subdivision five-a of this\\nsection. The board of education shall administer all moneys appropriated\\nor available for educational purposes in the city, subject to the\\nprovisions of law relating to the audit and payment of salaries and\\nother claims by the comptroller.\\n * NB Effective until June 30, 2015\\n * 5. In a city which had, according to the federal census of nineteen\\nhundred forty, a population of one million or more such estimate shall\\nbe filed with the mayor. If the total amount requested in such estimate\\nshall be equivalent to or less than an amount equal to the average\\nproportion of the total expense budget of such city, as amended,\\nappropriated for the purposes of the city school district of such city\\nin the three fiscal years of such city immediately preceding the year\\nfor which said estimate is filed, the city shall appropriate such\\namount. If the total amount contained in such estimate shall exceed the\\namount so computed, such estimate shall, as to such excess, be subject\\nto such consideration and such action by the board of estimate, the\\ncouncil, and the mayor as that taken upon departmental estimates\\nsubmitted to the mayor. The city is authorized to make additional\\nappropriations for educational purposes authorized by this chapter. The\\nboard of education shall administer all moneys appropriated or available\\nfor educational purposes in the city, subject to the provisions of law\\nrelating to the audit and payment of salaries and other claims by the\\ncomptroller.\\n * NB Effective June 30, 2015\\n * 5-a. a. For the purposes of this subdivision, the terms:\\n (i) \"city funds\" shall mean funds of the city of New York derived from\\nany source except funds contained within the capital budget and funds\\nderived from any federal, state or private sources over which the city\\nhas no discretion.\\n (ii) \"city amount\" shall mean the total amount of expenditures funded\\nby city funds for the support of the city school district of the city of\\nNew York, not including city payments to bond or note holders for debt\\nservice or payments for pension benefits for employees of such district,\\nas contained within the budget as adopted by the city of New York.\\n (iii) \"base year\" shall mean the fiscal year immediately preceding the\\nfiscal year for which the budget referred to in subparagraph (ii) of\\nthis paragraph is adopted. The initial base year shall be fiscal year\\nending June thirtieth, two thousand three.\\n b. The city amount shall not be less than the city amount appropriated\\nin the base year as determined at the time of adoption of the budget for\\nthe ensuing fiscal year. Provided, however, in the event the total\\namount of city funds relied upon to balance such budget is lower than\\nthe total amount of city funds appropriated in the base year, determined\\nat the time of adoption of such budget, the city amount may be reduced\\nby up to the same percentage as the overall percentage decrease in city\\nfunds between the base year and the ensuing fiscal year.\\n * NB Repealed June 30, 2015\\n 5-b. a. For the purposes of this subdivision, the terms:\\n (i) \"city funds\" shall mean funds of each city having a population of\\none hundred twenty-five thousand or more inhabitants and less than one\\nmillion inhabitants derived from any source except funds contained\\nwithin the capital budget, funds from county sales tax revenues shared\\nwith such city, funds derived from any federal source and funds derived\\nfrom any state or private sources over which the city has no discretion,\\nas defined pursuant to regulations developed by the commissioner and\\napproved by the director of the budget.\\n (ii) \"city amount\" shall mean the total amount of expenditures funded\\nby city funds for the support of the city school district of each city\\nhaving a population of one hundred twenty-five thousand or more\\ninhabitants and less than one million inhabitants, not including city\\npayments to bond or note holders for debt service payments of such\\ndistrict, as contained within the budget as adopted by such city.\\n (iii) \"base year\" shall mean the fiscal year immediately preceding the\\nfiscal year for which the budget referred to in subparagraph (ii) of\\nthis paragraph is adopted. The initial base year shall be the fiscal\\nyear ending June thirtieth, two thousand seven.\\n b. The city amount shall not be less than the city amount appropriated\\nin the base year determined at the time of adoption of the budget for\\nthe ensuing fiscal year, and shall not be less than the city amount\\nexpended in the base year determined as of the end of the school year.\\nProvided, however, in the event the total amount of city funds relied\\nupon to balance such budget is lower than the total amount of city funds\\nappropriated in the base year, as determined at the time of adoption of\\nsuch budget, the city amount may be reduced by up to the same percentage\\nas the overall percentage decrease in city funds between the base year\\nand the ensuing fiscal year.\\n c. Upon the enactment of a city budget, for the two thousand nine--two\\nthousand ten school year budget and annually thereafter, the chief\\nexecutive officer of the city, as defined pursuant to subdivision five-a\\nof section 2.00 of the local finance law, shall annually certify to the\\ncommissioner, in a form prescribed by the commissioner upon approval of\\nthe director of the budget, as to the city amount in such budget, the\\ncity amount in the base year, and that the city amount appropriated in\\nsuch budget is in compliance with paragraph b of this subdivision.\\n d. The school district audit report certified to by an independent\\ncertified public accountant or an independent accountant pursuant to\\nsection twenty-one hundred sixteen-a of this title for the two thousand\\neight--two thousand nine school year budget and annually thereafter\\nshall include a certification by the accountant, in a form prescribed by\\nthe commissioner upon approval of the director of the budget, as to the\\ncity amount expended in the school year covered by such audit report,\\nthe city amount in the prior school year, and that the city amount\\nexpended in the school year covered by such audit report is in\\ncompliance with paragraph b of this subdivision.\\n 6. A board of education may, to meet emergencies which may arise,\\nsubmit a special estimate in which items for extraordinary expenses may\\nbe submitted to meet such emergencies. Such estimate shall contain a\\ncomplete statement of the purposes for which the items are requested and\\nthe necessity therefor. The same method of procdure shall be followed in\\nsubmitting such estimate and such estimate shall be subject to the same\\nconsideration and action as is required in the submission, consideration\\nand action upon the regular annual estimate submitted by a board of\\neducation. The common council or other legislative body in such city\\nshall have power to make the appropriations requested by a board of\\neducation in such special estimate.\\n 7. A board of education shall not incur a liability or an expense\\nchargeable against the funds under its control or the city for any\\npurpose in excess of the amount appropriated or available therefor or\\notherwise authorized by law.\\n 8. In a city in which, under the statutes in effect prior to June\\neighth, nineteen hundred seventeen, it was provided that the estimate of\\nexpenditures for the support and maintenance of the public schools of\\nthe city shall not be less than a specified per capita sum, based on the\\nnumber of pupils enrolled in the public schools of the city, the amount\\nauthorized or required to be included in the estimate of school\\nexpenditures as provided in this article shall not be less than the per\\ncapita sum specified in such statute.\\n 9. In any city in which the annual estimate and budget of the board of\\neducation is subject to change by some other city authority, such annual\\nbudget shall give detailed schedules for all purposes and shall indicate\\nthe entire amount to be expended by the board of education for school\\npurposes, including the amount to be levied for debt service on account\\nof bonds, notes or certificates of indebtedness issued for school\\npurposes, whether the amount to be expended is on account of local\\nrevenues or to be derived from state aid. The total amount on account of\\nlocal revenues and the total amount to be derived from state aid shall\\nbe separately indicated. In any such city having a population of less\\nthan one million the annual estimate and budget shall contain a\\nstatement of the amount of revenues over and above those set forth in\\nthe budget for the preceding year, which the board of education\\nestimates it will receive in the current year. Any surplus funds shall\\nat the close of the fiscal year be transferred to an existing capital\\nfund or appropriated by the proper authority to other school purposes.\\n 10. In any city with a population of one million or more, amounts\\nappropriated to effectuate the implementation of a five-year educational\\nfacilities capital plan for such city shall be appropriated as a single\\nitem in such city's capital budget in accordance with subdivision four\\nof section twenty-five hundred ninety-p of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2577", "title" : "Annual financial report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2577", "activeDate" : "2014-09-22", "sequenceNo" : 964, "repealedDate" : null, "fromSection" : "2577", "toSection" : "2577", "text" : " § 2577. Annual financial report. In any city in which the annual\\nfinancial report of the fiscal officer, board of estimate and\\napportionment, or other official, board or body of the city, does not\\ncontain information required by this section, the board of education\\nshall annually cause to be published in the official paper of such city\\nor in pamphlet form for general distribution, a full and detailed\\naccount of all moneys received by the board of education for its account\\nand use, and all moneys expended therefor giving the items of receipts\\nand expenditures in full. Such annual report, unless the same is\\notherwise annually published as provided herein, shall also contain a\\nfull and complete statement of any bonds issued the preceding year for\\nschool purposes and the disposition made or to be made of the proceeds\\nof such bonds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2579", "title" : "Payment of obligations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2579", "activeDate" : "2014-09-22", "sequenceNo" : 965, "repealedDate" : null, "fromSection" : "2579", "toSection" : "2579", "text" : " § 2579. Payment of obligations. 1. If a city shall issue obligations\\nfor any of the purposes enumerated in paragraph c of subdivision one of\\nsection twenty-five hundred seventy-six of this chapter, the principal\\nand interest of such obligations shall be paid out of moneys raised by\\ntax therefor in the same manner as other school moneys are raised, when\\nsuch obligations and the interest thereon shall become due and payable.\\n 2. If a city having a population of four hundred thousand or more but\\nless than one million shall issue obligations to defray, in whole or in\\npart, the expense of the construction, improvement and equipment of\\nschool buildings or the purchase or acquisition of school sites, the\\nproceeds of the sale of such bonds shall be paid into the treasury of\\nthe city and placed to the credit of the board of education. As such\\nobligations become due the municipal authorities of the city shall\\ninclude in the tax levy, and assess upon the property of the city, the\\namount necessary to pay such bonds and interest thereon.\\n 3. In a city having a population of one million or more, such city may\\nin its discretion annually cause to be raised such sums of money as may\\nbe required for the purposes enumerated in paragraph c of subdivision\\none of section twenty-five hundred seventy-six of this article, in the\\nmanner provided by law for the raising of money for such purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2580", "title" : "Funds; custody and disbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23" ], "docLevelId" : "2580", "activeDate" : "2014-09-22", "sequenceNo" : 966, "repealedDate" : null, "fromSection" : "2580", "toSection" : "2580", "text" : " § 2580. Funds; custody and disbursement. 1. Public moneys apportioned\\nto a city by the state and all funds raised or collected by the\\nauthorities in a city for school purposes or to be used by the board of\\neducation for any purpose authorized in this chapter, or any other funds\\nbelonging to a city and received from any source whatsoever for similar\\npurposes, shall be paid into the treasury of such city and shall be\\ncredited to the board of education. The funds so received into such\\ntreasury shall be kept separate and distinct from any other funds\\nreceived into the said treasury. The officer having the charge thereof\\nshall give such additional security for the safe custody thereof as the\\ncorporate authorities of such city shall require.\\n * 2. Such funds shall be disbursed by authority of the board of\\neducation upon written orders drawn on the city treasurer or other\\nfiscal officer of the city. Such orders shall be signed by the\\nsuperintendent of schools and the secretary of the board of education or\\nsuch other officers as the board may authorize. If a claims auditor or\\ndeputy claims auditor shall have been appointed, orders shall be signed\\nby such claims auditor; provided, however, that the board may require,\\nin addition, the signature of such other officer or officers as it may\\nby resolution direct. Orders shall be numbered consecutively and shall\\nspecify the purpose for which they are drawn and the person or\\ncorporation to whom they are payable.\\n * NB Effective until July 1, 2014\\n * 2. Such funds shall be disbursed by authority of the board of\\neducation upon written orders drawn on the city treasurer or other\\nfiscal officer of the city. Such orders shall be signed by the\\nsuperintendent of schools and the secretary of the board of education or\\nsuch other officers as the board may authorize. If a claims auditor\\nshall have been appointed, orders shall be signed by the claims auditor;\\nprovided, however, that the board may require, in addition, the\\nsignature of such other officer or officers as it may by resolution\\ndirect. Orders shall be numbered consecutively and shall specify the\\npurpose for which they are drawn and the person or corporation to whom\\nthey are payable.\\n * NB Effective July 1, 2014\\n 3. Fixed salaries, principal of and interest on indebtedness and\\namounts becoming due upon lawful contracts for periods exceeding one\\nyear may be disbursed without prior audit of the board of education. By\\nresolution duly adopted, the board may determine to enter into a\\ncontract to provide for the deposit of the periodic payroll of the\\nschool district in a bank or trust company for disbursal by it in\\naccordance with provisions of section ninety-six-b of the banking law.\\n * 4. It shall be unlawful for a city treasurer or other officer having\\nthe custody of such city funds to permit their use for any purpose other\\nthan that for which they are lawfully authorized; they shall be paid out\\nonly on audit of the board of education or as otherwise provided herein;\\nprovided, however, that the board of education may, at its discretion,\\nuse a risk-based or sampling methodology to determine which claims are\\nto be audited in lieu of auditing all claims so long as it is determined\\nby resolution of the board of education that the methodology for\\nchoosing the sample provides reasonable assurance that all the claims\\nrepresented in the sample are proper charges against the school\\ndistrict. Payments from such funds shall be made only by checks signed\\nby the treasurer or other custodian of such moneys and payable to the\\nperson or persons entitled thereto and countersigned either by the\\ncomptroller, or in a city having no comptroller, by an officer\\ndesignated by the officer or body having the general control of the\\nfinancial affairs of such city. The board of education of such city\\nshall make, in addition to such classification of its funds and accounts\\nas it desires for its own use and information, such further\\nclassification of the funds under its management and control and of the\\ndisbursements thereof as the comptroller of the city, or the officer or\\nbody having the general control of the financial affairs of such city,\\nshall require, and such board shall furnish such data in relation to\\nsuch funds and their disbursements as the comptroller or such other\\nfinancial officer or body of the city shall require.\\n * NB Effective until July 1, 2014\\n * 4. It shall be unlawful for a city treasurer or other officer having\\nthe custody of such city funds to permit their use for any purpose other\\nthan that for which they are lawfully authorized; they shall be paid out\\nonly on audit of the board of education or as otherwise provided herein.\\nPayments from such funds shall be made only by checks signed by the\\ntreasurer or other custodian of such moneys and payable to the person or\\npersons entitled thereto and countersigned either by the comptroller, or\\nin a city having no comptroller, by an officer designated by the officer\\nor body having the general control of the financial affairs of such\\ncity. The board of education of such city shall make, in addition to\\nsuch classification of its funds and accounts as it desires for its own\\nuse and information, such further classification of the funds under its\\nmanagement and control and of the disbursements thereof as the\\ncomptroller of the city, or the officer or body having the general\\ncontrol of the financial affairs of such city, shall require, and such\\nboard shall furnish such data in relation to such funds and their\\ndisbursements as the comptroller or such other financial officer or body\\nof the city shall require.\\n * NB Effective July 1, 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2581", "title" : "Certain corporate schools entitled to participate in funds of board of education of city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2581", "activeDate" : "2014-09-22", "sequenceNo" : 967, "repealedDate" : null, "fromSection" : "2581", "toSection" : "2581", "text" : " § 2581. Certain corporate schools entitled to participate in funds of\\nboard of education of city of New York. The corporate schools entitled\\nto participate in the funds of the board of education of the city of New\\nYork are as follows: The schools established and maintained by the Five\\nPoints House of Industry, the industrial schools established and\\nmaintained under the charge of the Children's Aid Society in the city of\\nNew York, the schools of the American Female Guardian Society, the Roman\\nCatholic Orphan Asylum, the Brooklyn Home for Children, the Orphan Home\\nand the Convent of Mercy, and the Child Care Center (formerly\\nTuberculosis Preventorium for children). The New York Institute for the\\nBlind shall receive a ratable proportion of the fund for every blind\\npupil in such institution without regard to age.\\n Such schools shall be subject to the general supervision of the board\\nof education of the city of New York, but shall be under the immediate\\ndirection of their respective trustees, managers and directors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2582", "title" : "Trustees of corporate schools entitled to participate in funds of the board of education of the city of New York may convey to city of Ne...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2582", "activeDate" : "2014-09-22", "sequenceNo" : 968, "repealedDate" : null, "fromSection" : "2582", "toSection" : "2582", "text" : " § 2582. Trustees of corporate schools entitled to participate in funds\\nof the board of education of the city of New York may convey to city of\\nNew York and be merged. The trustees, managers and directors of any of\\nthe corporate schools of the city of New York entitled to participate in\\nthe apportionment of the funds of the board of education of such city\\nmay, at any time, convey their school houses and sites to the city of\\nNew York and transfer any of their schools to the board of education of\\nsuch city on terms and in a manner to be agreed upon and prescribed by\\nsuch board of education, so as either to merge such corporate schools in\\nthe public schools or adopt them as public schools and the same shall\\nthen be public schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2583", "title" : "Certain schools to report as to moneys and attendance; accidental omission to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2583", "activeDate" : "2014-09-22", "sequenceNo" : 969, "repealedDate" : null, "fromSection" : "2583", "toSection" : "2583", "text" : " § 2583. Certain schools to report as to moneys and attendance;\\naccidental omission to report. The board of education of the city of\\nNew York shall require from the officers conducting schools by\\nappointment of the board, and from the trustees, managers or directors\\nof the corporate schools entitled to participate in the funds of the\\nboard of education of the city of New York, an annual report in writing\\ndated the thirty-first day of December, which shall be signed and\\ncertified by a majority of such officers, trustees, managers or\\ndirectors, and which report shall state: the whole number of schools\\nwithin their jurisdiction; the length of time each school shall have\\nbeen kept open; the whole number of pupils over four and under\\ntwenty-one years of age who shall have been taught free of expense to\\nsuch pupils in their schools, during the year ending with the date of\\nthe report, which number shall be ascertained by adding to the number of\\nchildren on register at the commencement of each year, the number\\nadmitted during that year, which shall be considered the total for that\\nyear; the average number that has actually attended such schools during\\nthe year, to be ascertained by the teachers keeping an exact account of\\nthe number of pupils present every school day or half day, which, being\\nadded together, and divided by four hundred sixty, or if less than a\\nyear by the number of school sessions, shall be considered the average\\nof attending pupils, which average shall be affirmed or sworn to by the\\nprincipal teacher of the school; a detailed statement of the amount of\\nmoneys received or expended for their respective schools during the\\nyear, from or by the commissioner of finance of such city, and of the\\npurposes for and the manner in which the same shall have been expended;\\na particular account of the state of the schools, and of the property\\nand affairs of each school under their care; the titles of all books\\nused; and such other information as such board of education shall\\nrequire.\\n In making the apportionment among the several schools no share shall\\nbe alloted by such board to any school or society from which no\\nsufficient annual report shall have been received for the year ending on\\nthe last day of December immediately preceding the apportionment.\\nWhenever an apportionment of the funds of the board of education of the\\ncity of New York shall not be made to any school, in consequence of any\\naccidental omission to make any report required by law or to comply with\\nany other regulation or provision of law, the board of education of such\\ncity, in its discretion, may direct an apportionment to be made to such\\nschool according to the equitable circumstances of the case, to be paid\\nout of the funds of the board of education on hand, or if such funds\\nshall have been distributed, out of the funds to be received in a\\nsucceeding year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2584", "title" : "Bonds of employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2584", "activeDate" : "2014-09-22", "sequenceNo" : 970, "repealedDate" : null, "fromSection" : "2584", "toSection" : "2584", "text" : " § 2584. Bonds of employees. The board of estimate and apportionment\\nof a city, or in a city having no board of estimate and apportionment,\\nthe body or officer performing the duties performed by a board of\\nestimate and apportionment, which may now legally require bonds of\\nemployees may continue to require bonds of such employees in such amount\\nas such board of estimate and apportionment or other body or officer\\nshall determine. In all other cities bonds may be required of such\\nemployees by the board of education. The premiums on such bonds shall\\nbe paid by the city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2585", "title" : "Continuation in office of boards, bureaus, teachers, principals and other employees, et cetera", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "2585", "activeDate" : "2014-09-22", "sequenceNo" : 971, "repealedDate" : null, "fromSection" : "2585", "toSection" : "2585", "text" : " § 2585. Continuation in office of boards, bureaus, teachers,\\nprincipals and other employees, et cetera. 1. Except as otherwise\\nprovided herein the boards, bureaus, teachers, principals, supervisors,\\nsuperintendents, heads of departments, assistants to principals,\\nexaminers, supervisors of lectures, directors and all other officers and\\nemployees of the school systems or of boards of education of the several\\ncities of the state, lawfully appointed or assigned before June eighth,\\nnineteen hundred seventeen, shall continue to hold their respective\\npositions for the term for which they were appointed or until removed as\\nprovided in subdivision five of section twenty-five hundred twenty-three\\nof this article.\\n 2. If a board of education abolishes an office or position and creates\\nanother office or position for the performance of duties similar to\\nthose performed in the office or position abolished, the person filling\\nsuch office or position at the time of its abolishment shall be\\nappointed to the office or position thus created without reduction in\\nsalary or increment, provided the record of such person has been one of\\nfaithful, competent service in the office or position he has filled.\\n 3. Whenever a board of education abolishes a position under this\\nchapter, the services of the teacher having the least seniority in the\\nsystem within the tenure of the position abolished shall be\\ndiscontinued.\\n 4. If an office or position is abolished or if it is consolidated with\\nanother position without creating a new position, the person filling\\nsuch position at the time of its abolishment or consolidation shall be\\nplaced upon a preferred eligible list of candidates for appointment to a\\nvacancy that then exists or that may thereafter occur in an office or\\nposition similar to the one which such person filled without reduction\\nin salary or increment, provided the record of such person has been one\\nof faithful, competent service in the office or position he has filled.\\nThe persons on such preferred list shall be reinstated or appointed to\\nsuch corresponding or similar positions in the order of their length of\\nservice in the system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2586", "title" : "Anniversary day as a holiday for pupils in the public schools of the borough of Brooklyn and in the borough of Queens, city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2586", "activeDate" : "2014-09-22", "sequenceNo" : 972, "repealedDate" : null, "fromSection" : "2586", "toSection" : "2586", "text" : " § 2586. Anniversary day as a holiday for pupils in the public schools\\nof the borough of Brooklyn and in the borough of Queens, city of New\\nYork. The first Thursday in June in each year, except in those years\\nwhen the first Thursday in June occurs in the same week with Memorial\\nday, and in such years the second Thursday in June, known as anniversary\\nday, and celebrated in commemoration of the organization of Sunday\\nschools, is hereby made and declared to be a holiday for pupils in all\\nthe public schools in the borough of Brooklyn and in the borough of\\nQueens, city of New York, and pupils shall not be required to attend the\\npublic schools in such boroughs on such day.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2587", "title" : "Tenure in fashion institute of technology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2587", "activeDate" : "2014-09-22", "sequenceNo" : 973, "repealedDate" : null, "fromSection" : "2587", "toSection" : "2587", "text" : " § 2587. Tenure in fashion institute of technology. 1. The following\\nwords and phrases, as hereinafter used, and for the purposes of this\\nsection, shall have the following meanings:\\n a. \"Community college\" shall mean fashion institute of technology, a\\ncommunity college sponsored by the board of education of the city of New\\nYork.\\n b. \"Board\" shall mean the board of trustees of fashion institute of\\ntechnology.\\n c. \"Instructional staff\" shall mean the persons employed in the\\ncommunity college in the positions of president, dean, director,\\nassistant dean, assistant director, chairman of department or division,\\nsenior instructor, instructor, lecturer, college registrar, college\\nbursar, laboratory technician, college administrative assistant,\\ninstructor technologist, college librarian, assistant librarian; or in\\nany position which the board in its discretion may add thereto.\\n d. \"Tenure\" shall mean the right of a person to hold his position\\nduring good behavior and efficient and competent service, and not to be\\nremoved therefrom except for cause in the manner hereinafter provided.\\n 2. All members of the permanent instructional staff under the\\njurisdiction of the board shall have tenure.\\n 3. The permanent instructional staff shall consist of:\\n a. All persons employed on an annual salary basis in the community\\ncollege in the positions of senior instructor, librarian, assistant\\nlibrarian, college registrar, college bursar or college administrative\\nassistant, who, on the date on which this section is enacted, are\\nserving in any of the positions enumerated in this paragraph and have\\ncompleted at least four full years of continuous service on an annual\\nsalary from the date of their appointment to any of the positions\\nenumerated in this paragraph, or who have so served at least three full\\nyears and have been appointed for a fourth full year.\\n b. All other persons employed on an annual salary basis in the\\ncommunity college in the positions of senior instructor, librarian,\\nassistant librarian, college registrar, college bursar, college\\nadministrative assistant, or in any position hereafter created which the\\nboard in its discretion may designate as a tenure position, who, after\\nserving on an annual salary in any of the positions enumerated or\\nprovided for in this paragraph for three full years continuously, have\\nbeen appointed or shall be appointed for a fourth full year, except as\\nprovided in subdivision four of this section, provided that in\\ndetermining the tenure rights of such persons time served as an\\ninstructor shall be counted.\\n c. Any regularly appointed member of the teaching or supervising staff\\nof the board of education of the city of New York who, on the date on\\nwhich this section is enacted, is serving in the community college in\\nthe position of senior instructor, librarian, assistant librarian,\\ncollege registrar, college bursar or college administrative assistant,\\npursuant to an assignment by the superintendent of schools of the board\\nof education of the city of New York, and has or thereafter shall have\\ncompleted three full years of continuous service in any of the positions\\nenumerated in this paragraph, or in any position hereafter created which\\nthe board may designate as a tenure position, shall be entitled to\\nbecome a member of the permanent instructional staff of the community\\ncollege with tenure in the position in which he is then serving in the\\ncommunity college providing such person, within three months after such\\ncompletion of three full years of continuous service, shall notify the\\npresident of the community college in writing of his election to become\\na member of the permanent instructional staff of the community college\\nwith tenure in the position in which he is then serving in the community\\ncollege, and provided further that such person shall within the same\\nperiod resign from his position in the board of education of the city of\\nNew York. Such person shall have the absolute right, notwithstanding his\\nelection to become a member of the permanent instructional staff of the\\ncommunity college with tenure, to continue as a member of the retirement\\nsystem of which he was a member immediately prior to such election,\\nwithout any loss or diminution in his rights, status or privileges in\\nsuch retirement system. Any regular license issued by the superintendent\\nof schools of the board of education of the city of New York, held by\\nsuch person at the time he becomes entitled to tenure in the community\\ncollege shall continue to be valid during his continuance of service in\\nthe community college.\\n 4. Nothing herein contained shall be construed as conferring or\\npermitting tenure, or service credit toward the achievement of tenure,\\nin the positions of president, dean, director, assistant dean, chairman\\nof department or division, or assistant director. Appointments to such\\nposition or removal therefrom, however, shall not deprive the person so\\nappointed or removed of tenure in highest position on the instructional\\nstaff held with tenure prior to his appointment to such office or\\nconjointly with such office, nor shall such appointment or the holding\\nof such position or removal from such position deprive any person of\\nservice credit toward the achievement of tenure under the provisions of\\nthis section.\\n 5. A certificate of permanent tenure shall be issued by the board upon\\nthe enactment of this section to each person then employed in the\\ncommunity college who, on or prior to the date of such enactment, shall\\nhave satisfied the requirements for entitlement to tenure prescribed by\\nthis section. In the case of any person now or hereafter employed in the\\ncommunity college, who, after such date of enactment, satisfies such\\nrequirements for entitlement to tenure, a certificate of permanent\\ntenure shall be issued by the board to such person, upon the completion\\nby such person of such requirements.\\n 6. For the purpose of appointments and promotions in the instructional\\nstaff which may be made after the date on which this section is enacted,\\nthe board shall determine to what extent examinations are practicable to\\nascertain merit and fitness for each of the positions under its\\njurisdiction, and, insofar as examinations are deemed practicable, shall\\ndetermine to what extent it is practicable, that such examinations be\\ncompetitive. Any examination held in accordance with the provisions of\\nthis subdivision shall be set and administered through any agency which\\nthe board may from time to time create or designate. The superintendent\\nof schools of the board of education of the city of New York may, upon\\nthe request of the president of the community college, direct the\\nmedical board of the board of education of the city of New York to\\nrender such service as the president of the community college may\\nrequest to assist the board and the president of the community college\\nin the ascertainment of merit and fitness for appointment to or relative\\nto service in instructional positions in the community college.\\n 7. Neither tenure as conferred through the operation of this section\\nnor the period requisite for the achievement of tenure shall be affected\\nby transfer within the community college, or by promotion, or by change\\nof title, except that a person upon whom tenure is conferred through the\\noperation of this section and who may be transferred to any position in\\nthe community college, or who may be promoted, or whose title may be\\nchanged, shall have tenure in his new position, provided such position\\nis not one of those enumerated in subdivision four of this section.\\nNothing herein contained shall be construed to prevent the board from\\nassigning any person having tenure to any appropriate position on the\\nstaff, but no such assignment shall carry with it a reduction in rank or\\na reduction in salary other than the elimination of any additional\\nemolument provided for administrative positions.\\n 8. A position held by a person upon whom tenure is conferred through\\nthe operation of this section may be abolished or discontinued by the\\nboard for reasons which are not discriminatory against a particular\\nperson or persons. In the event that a position in a specified subject\\nis to be abolished or discontinued, such position shall be that of the\\nperson last appointed to such position; provided, however, that all\\npersons in such position upon whom tenure is not conferred by the\\noperation of this section shall be dismissed before the position of any\\nother person in such subject is abolished or discontinued. If the board\\nabolishes or discontinues the position of a person upon whom tenure is\\nconferred through the operation of this section and can find no position\\nin the community college which can be efficiently and capably filled by\\nsuch person, then his name shall be placed and shall remain for three\\nyears on a preferred eligible list of candidates for reappointment to\\nfill a vacancy that may thereafter occur in a position which can be\\nefficiently and capably filled by such person or to fill a newly created\\nposition which can be efficiently and capably filled by such person.\\nReappointment from such preferred eligible list to a position in a\\nspecified subject shall be made in the order of the original appointment\\nof the persons on such preferred eligible list. Any person reappointed\\nfrom such preferred eligible list shall be reappointed at a salary not\\nless than that which he was receiving when his position was abolished or\\ndiscontinued. Any person whose name is placed on such preferred eligible\\nlist as hereinbefore provided shall, for the purpose of maintaining his\\nstatus in any retirement system of which he is a member, be deemed to be\\non leave of absence without pay.\\n 9. Persons granted tenure under the provisions of this section shall\\nnot be removed except for cause, after a hearing and by a majority vote\\nof the board. Charges against a person entitled to tenure under the\\nprovisions of this section may be preferred by the president, any member\\nor members of the board, or the board itself. Such charges and all\\nspecifications of such charges shall be filed with the board, which\\nshall cause a copy thereof to be served upon the person accused, and\\nsuch person shall have ten days from the date of the service of such\\ncharges and specifications, or such additional time as may be granted\\nhim by the chairman of the board, in which to file an answer in writing\\nwith the board. Any person against whom charges as herein provided are\\nfiled with the board, may be suspended with or without pay by the\\npresident pending a final determination of such charges by the board.\\nThe board shall proceed to try and determine such charges either by the\\nboard, or by a trial committee consisting of one or more members of the\\nboard, or by a trial committee consisting of one or more persons\\nspecially appointed for such purpose by the board, and the board shall\\nfix the penalty or punishment, if any, to be imposed for the offense,\\nand such penalty or punishment may consist of a reprimand, a fine,\\nsuspension for a fixed time without pay, or dismissal; provided,\\nhowever, that a vote of a majority of all the members of the board shall\\nbe necessary to impose a penalty or punishment. The report of any trial\\ncommittee holding such trial shall be subject to final action by the\\nboard, each member of which shall before voting read the testimony and\\nthe evidence in the case. The board may reject, confirm or modify the\\nconclusions of the trial committee, and the decisions of the board shall\\nbe final, except that any person aggrieved may review the determination\\nof said board only by an appeal to the commissioner of education, as\\nprovided for by article seven of this chapter. In case the charges\\npreferred against any person are dismissed, he shall be restored to his\\nposition with full pay for the period of his suspension. In all trials\\nand investigations authorized by this section all testimony taken shall\\nbe under oath, which the chairman of the board or the chairman of the\\ntrial committee is hereby authorized to administer. For the purpose of\\nany investigation, trial or hearing, the chairman of the board or the\\nchairman of the trial committee shall have power to subpoena witnesses,\\npapers and records. The Supreme Court shall have power, upon the\\napplication of the chairman of the board or the chairman of the trial\\ncommittee, to compel any witness who may be summoned, to appear and\\ntestify before said board or trial committee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2588", "title" : "Seniority, retention and displacement rights in connection with abolition of positions in city school districts of cities having more tha...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "2588", "activeDate" : "2014-09-22", "sequenceNo" : 974, "repealedDate" : null, "fromSection" : "2588", "toSection" : "2588", "text" : " § 2588. Seniority, retention and displacement rights in connection\\nwith abolition of positions in city school districts of cities having\\nmore than one million inhabitants. 1. For the purposes of this section,\\nthe tenure areas applicable to all professional education positions\\nshall be defined as the license areas established by the city board\\npursuant to subdivision ten of section twenty-five hundred seventy-three\\nof this chapter, provided that, effective July first, nineteen hundred\\nseventy-six, there shall be a single elementary teaching tenure area\\nencompassing kindergarten through grade six. Such groupings of related\\nlicense areas shall not affect the rights of persons whose services had\\nbeen discontinued prior to the effective date of such groupings nor\\nshall such groupings be applicable for purposes other than those of this\\nsection; and provided that, on the effective date of this subdivision,\\nthere shall be a single tenure area for personnel properly assigned or\\nappointed prior to the effective date of this subdivision as assistant\\nprincipals of day elementary school and supervisors of early childhood;\\nand a single tenure area for personnel properly assigned or appointed\\nprior to the effective date of this subdivision as assistant\\nprincipals--junior high school--supervision, assistant\\nprincipals--junior high school--administration, and supervisors of art,\\nmusic, home economics, school library service, health and physical\\neducation, audio-visual instruction, industrial arts, and bilingual\\neducation. The tenure areas applicable to all intermediate supervisors\\nproperly assigned or appointed on or after the effective date of this\\nsubdivision shall be defined as the license areas established by the\\ncity board.\\n 2. If a position within a tenure area is abolished and another\\nposition is created in such area for the performance of duties similar\\nto those performed in the abolished position, the person filling such\\noffice or position at the time of its abolition shall be appointed to\\nthe position thus created without reduction in salary or increment,\\nprovided the record of such person has been one of faithful, competent\\nservice in the office or position he has filled.\\n 3. (a) Whenever a teaching position is abolished under this chapter,\\nthe services of the person holding a position within the tenure area of\\nthe position which is to be abolished who has the least seniority in the\\ncity school district, including all full-time equivalent substitute\\nservice and all full-time equivalent service as a paraprofessional,\\nshall be discontinued, provided that the services of a person who has\\nacquired tenure within such tenure area shall not be discontinued if\\nanother person holding a position within such tenure area has not\\nacquired tenure.\\n (b) Whenever a supervisory position is abolished under this chapter,\\nthe services of the member of the supervisory staff, except associate,\\nassistant and other superintendents, principals and intermediate\\nsupervisors serving in schools or programs under the jurisdiction of a\\ncommunity school board or serving under the jurisdiction of the\\nchancellor, having the least seniority within the tenure area of the\\nposition abolished in the city school district, shall be discontinued.\\nWhenever a principalship or intermediate supervisory position in a\\nschool or program under the jurisdiction of a community school board is\\nabolished under this chapter, the principal or intermediate supervisor\\nserving in such position shall be entitled to be placed in any vacancy\\nwithin the tenure area of such position within such community district\\nwhich may exist, and if no such vacancies exist, he shall be entitled to\\ndisplace the principal or intermediate supervisor with the least\\nseniority within the tenure area of such position in the community\\ndistrict, if he has greater seniority within the tenure area of such\\nposition in the community district, than such person. Whenever a\\nprincipalship or an intermediate supervisory position under the\\njurisdiction of the chancellor is abolished under this chapter, the\\nprincipal or intermediate supervisor serving in such position shall be\\nentitled to be placed in any vacancy within the tenure area of such\\nposition which may exist under the chancellor's jurisdiction, and if no\\nsuch vacancies exist he shall be entitled to displace the principal or\\nintermediate supervisor with the least seniority within the tenure area\\nof such position under the jurisdiction of the chancellor if he has\\ngreater seniority within the tenure area of such position under the\\njurisdiction of the chancellor, than such person. Notwithstanding any\\nother provision of law, an intermediate supervisor appointed or properly\\nassigned prior to the effective date of this paragraph whose position is\\nabolished shall be entitled to be placed in any vacancy within the\\ntenure area of such position in the city school district, and if no such\\nvacancy exists, shall be entitled to displace the intermediate\\nsupervisor with the least seniority within that tenure area in the city\\nschool district. For purposes of this section, an intermediate\\nsupervisor shall be any person serving by appointment or properly\\nassigned in the supervisory license area of: assistant principal--junior\\nhigh school--administration, assistant principal--junior high\\nschool--supervision, assistant principal--day elementary school,\\neducation administrator--instruction specialist, assistant\\nadministrative director, supervisor of a subject area.\\n (c) No later than September first, nineteen hundred seventy-six, the\\nchancellor shall promulgate a list of the seniority rankings of all\\nmembers of the teaching or supervisory staff computed in accordance with\\nthe provisions of this subdivision. Such list shall be revised at least\\nannually thereafter.\\n 4. (a) A member of the teaching staff who has been regularly appointed\\nor a member of the supervisory staff who has been properly assigned or\\nappointed and whose services are terminated pursuant to this section,\\nshall be entitled to be placed, upon his application, in a vacancy\\nwithin the tenure area of a position where such individual shall have\\npreviously served under regular appointment as a teacher or proper\\nassignment or appointment as a supervisor, and if no such vacancies\\nexist he shall be entitled to displace the person with least seniority\\nserving in the tenure area of such other position, if he has greater\\nseniority, based on length of service as a member of the teaching or\\nsupervising staff in the city school district, including all full-time\\nequivalent substitute service and all full-time equivalent service as a\\nparaprofessional, than such person. A supervisor who reverts to a prior\\nsupervisory license in which he had the right to placement within the\\ncity school district shall retain such right and a supervisor who\\nreverts to a prior supervisory license in which he previously had the\\nright to placement only in a community school district shall be entitled\\nto reversion solely in the community school district from which he is\\ncurrently laid off. His salary thenceforth shall be fixed as though all\\nservice rendered by him was in the position to which he is returned.\\nProvided, however, that a member of the supervisory staff applying to\\ndisplace a classroom teacher pursuant to this subdivision may include no\\nmore than three years of service in a supervisory position in\\ncalculating his seniority hereunder, and provided further that the\\nseniority of any principal seeking to displace another supervisor in\\naccordance with the provisions of this subdivision, shall be computed in\\naccordance with the provisions of paragraph (b) of subdivision three of\\nthis section.\\n (b) A person who returns to a position in a tenure area in which he\\nhad previously served pursuant to the provisions of this subdivision\\nshall retain any tenure rights he had previously acquired pursuant to\\nthe provisions of section twenty-five hundred seventy-three of this\\nchapter in such tenure area.\\n 5. Notwithstanding any other provision of law, no classroom teaching\\nposition may be abolished after the fifth school day of the fall school\\nterm or after the fifth school day of the spring school term and all\\ntransfers or personnel changes resulting from such abolitions which\\nwould cause the displacement of a classroom teacher shall be completed\\nprior to the fifteenth school day of such terms, provided that the\\nchancellor, after counsulting with any affected community school board,\\nmay waive the aforesaid limitations in a specific instance because of\\nemergency conditions or for reasons of special hardship.\\n 6. Notwithstanding any other provisions of law, except subdivisions\\nfour and seven of this section, any member of the teaching staff whose\\nservices have been terminated in accordance with the provision of this\\nsection shall be eligible to be appointed to a vacant position for which\\nsuch individual does not hold appropriate licensure, provided that the\\nchancellor, upon the recommendation of the board of examiners, certifies\\nthat such member is competent to serve in such vacant position and\\nprovided further that such individual at the time of appointment meets\\nthe minimum education and experience requirements for recertification\\nestablished, for such position, shows satisfactory evidence of\\nprogression toward licensure as defined by the city board, and meets the\\nfull requirements for licensure in such position not later than three\\nyears from the date of the appointment therein. Such member shall serve\\nin such position at the salary of such position. Any person appointed to\\na position for which he does not hold appropriate licensure prior to the\\neffective date of this section, may continue to serve in such position\\nonly if he meets the minimum education and experience requirements\\nestablished for the position by February first, nineteen hundred\\nseventy-eight, shows satisfactory evidence of progression toward\\nlicensure as defined by the city board and meets the full requirements\\nfor licensure in such position not later than three years from the date\\nof appointment therein.\\n 7. If an office or position is abolished or if it is consolidated with\\nanother position without creating a new position, the person filling\\nsuch position at the time of its abolition or consolidation, or a person\\ndisplaced by a person with higher seniority as provided in this section,\\nshall be placed upon a preferred eligible list of candidates for\\nappointment to a vacancy that then exists or that may thereafter occur\\nin the tenure area of such position, without reduction in salary or\\nincrement, provided the record of such person has been one of faithful,\\ncompetent service in the office or position he has filled. The persons\\non such preferred list shall be reinstated or appointed to such\\nvacancies in the order of their length of service in the city school\\ndistrict, including all full-time equivalent substitute service and all\\nfull-time equivalent service as a paraprofessional, provided that in the\\ncase of vacancies in principalship positions under the jurisdiction of a\\ncommunity school board, such persons shall be reinstated or reappointed\\nin order of their length of service in the tenure area of the position\\nin the community district and provided that intermediate supervisors\\nproperly assigned or appointed on or after the effective date of this\\nsubdivision to positions in a community district and who have been\\nplaced on a preferred eligible list shall be entitled to reinstatement\\nor reappointment to vacancies in their tenure area within that community\\ndistrict in order of their length of service in the tenure area of the\\nposition in the community district.\\n 8. Notwithstanding any other provision of law or of this section, any\\nperson whose services were discontinued because of the abolition of a\\nposition during the period July first, nineteen hundred seventy-five and\\nJune thirtieth, nineteen hundred eighty-eight shall be deemed to have\\nbeen on leave of absence without pay and shall be entitled to include\\nsuch period of discontinuance of services in computing his seniority in\\nthe city school district for purposes of this section, provided the\\nrecord of such person has been one of faithful, competent service in the\\noffice or position he has filled and provided further that such person\\nshall not receive pension credit or incremental salary step credit for\\nsuch period of discontinuance of service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 42 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A52-A", "title" : "New York City Community School District System", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-04-21", "2017-08-18", "2018-04-27", "2022-07-08" ], "docLevelId" : "52-A", "activeDate" : "2014-09-22", "sequenceNo" : 975, "repealedDate" : null, "fromSection" : "2590", "toSection" : "2590-U", "text" : " ARTICLE 52-A\\n NEW YORK CITY COMMUNITY SCHOOL DISTRICT SYSTEM\\nSection 2590. Application of article.\\n 2590-a. Definitions.\\n 2590-b. Continuation of city board and establishment of\\n community districts; establishment of the city-wide\\n councils on special education, English language\\n learners, and high schools.\\n 2590-c. Composition of community district education councils.\\n 2590-d. By-laws; regulations and decisions.\\n 2590-e. Powers and duties of community district education\\n council.\\n 2590-f. Community superintendents.\\n 2590-g. Powers and duties of the city board.\\n 2590-h. Powers and duties of chancellor.\\n 2590-i. Powers and duties of schools; principals; provisions\\n for the transfer of jurisdiction of high schools.\\n 2590-j. Appointment and removal of persons in the teaching and\\n supervisory service.\\n 2590-k. Contracts with city university of New York for\\n administration of high schools.\\n 2590-l. Enforcement of applicable law, regulations and\\n directives; establishment of appeal board.\\n 2590-m. Custody and disbursement of funds.\\n 2590-n. Conflicts of interest.\\n 2590-o. Educational facilities master plan.\\n 2590-o*2. Neutrality of school employees in community board\\n elections.\\n 2590-p. Educational facilities capital plan.\\n 2590-q. Budgetary and fiscal processes.\\n 2590-r. School based budgeting and expenditure reporting.\\n 2590-s. Prompt payment of salaries.\\n 2590-t. New York city comptroller audits.\\n 2590-u. New York city independent budget office reports.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2590", "activeDate" : "2014-09-22", "sequenceNo" : 976, "repealedDate" : null, "fromSection" : "2590", "toSection" : "2590", "text" : " § 2590. Application of article. This article shall apply to the city\\nschool district of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-A", "activeDate" : "2014-09-22", "sequenceNo" : 977, "repealedDate" : null, "fromSection" : "2590-A", "toSection" : "2590-A", "text" : " § 2590-a. Definitions. As used in this article, the following terms\\nshall mean:\\n 1. City district. The term \"city district\" shall mean the city school\\ndistrict of the city of New York.\\n 2. Community district. The term \"community district\" shall mean a\\ncommunity school district created or to be created within the city\\ndistrict under the provisions of this article.\\n 3. City board. The term \"city board\" shall mean the board of education\\nof the city district.\\n * 4. Community district education council. The term \"community\\ncouncil\" shall mean the community district education council of a\\ncommunity district established pursuant to section twenty-five hundred\\nninety-c of this article.\\n * NB Effective until June 30, 2015\\n * 4. Community board. The term \"community board\" shall mean the board\\nof education of a community district.\\n * NB Effective June 30, 2015\\n 5. Chancellor. The term \"chancellor\" shall mean the chancellor of the\\ncity district.\\n 6. Community superintendent. The term \"community superintendent\" shall\\nmean the superintendent of schools of a community district.\\n 7. Parent. The term \"parent\" shall mean a person in parental relation\\nto a child, as that phrase is defined in subdivision ten of section two\\nof this chapter.\\n * 8. Registered voter. The term \"registered voter\" shall mean an\\nelector of the city of New York under the election law.\\n * NB Effective June 30, 2015\\n * 9. Educational facilities. The term \"educational facilities\" shall\\nmean land and the improvements thereon for use in connection with any\\neducational activity to be undertaken or provided by the city board or\\nany community council or any facility attendant thereto or any facility\\nnecessary, useful or desirable in connection with such activity.\\n * NB Effective until June 30, 2015\\n * 9. Educational facilities. The term \"educational facilities\" shall\\nmean land and the improvements thereon for use in connection with any\\neducational activity to be undertaken or provided by the city board or\\nany community school board or any facility attendant thereto or any\\nfacility necessary, useful or desirable in connection with such\\nactivity.\\n * NB Effective June 30, 2015\\n 10. Project. The term \"project\" shall mean, with respect to an\\neducational facilities capital plan, (a) the performance, at a specified\\neducational facility, of one or more program elements, as defined in\\nparagraph a, b, c or d of subdivision two of section twenty-five hundred\\nninety-p of this article; or (b) the performance of the program elements\\ndefined in paragraphs f and g of such subdivision or any system\\nreplacement identified in paragraph e of such subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-B", "title" : "Continuation of city board and establishment of community districts; establishment of the city-wide councils on special education, Englis...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2023-03-10", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-B", "activeDate" : "2014-09-22", "sequenceNo" : 978, "repealedDate" : null, "fromSection" : "2590-B", "toSection" : "2590-B", "text" : " * § 2590-b. Continuation of city board and establishment of community\\ndistricts; establishment of the city-wide councils on special education,\\nEnglish language learners, and high schools. 1. (a) The board of\\neducation of the city school district of the city of New York is hereby\\ncontinued. Such board of education shall consist of thirteen appointed\\nmembers: one member to be appointed by each borough president of the\\ncity of New York; and eight members to be appointed by the mayor of the\\ncity of New York. The chancellor shall serve as an ex-officio non-voting\\nmember of the city board. The city board shall elect its own chairperson\\nfrom among its voting members. All thirteen appointed members shall\\nserve at the pleasure of the appointing authority and shall not be\\nemployed in any capacity by the city of New York, or a subdivision\\nthereof, or the city board. No appointed member of the city board shall\\nalso be a member, officer, or employee of any public corporation,\\nauthority, or commission where the mayor of the city of New York has a\\nmajority of the appointments. Each borough president's appointee shall\\nbe a resident of the borough for which the borough president appointing\\nhim or her was elected and shall be the parent of a child attending a\\npublic school within the city school district of the city of New York.\\nEach mayoral appointee shall be a resident of the city and two shall be\\nparents of a child attending a public school within the city district.\\nAll parent members shall be eligible to continue to serve on the city\\nboard for two years following the conclusion of their child's attendance\\nat a public school within the city district. Any vacancy shall be filled\\nby appointment by the appropriate appointing authority within ninety\\ndays of such vacancy. Notwithstanding any provision of local law, the\\nmembers of the board shall not have staff, offices, or vehicles assigned\\nto them or receive compensation for their services, but shall be\\nreimbursed for the actual and necessary expenses incurred by them in the\\nperformance of their duties.\\n (b) The city board shall hold at least one regular public meeting per\\nmonth. At least one regular public meeting shall be held in each borough\\nof the city of New York per year; any additional meetings may be called\\nat the request of the chairperson. The city board shall consider\\nappropriate public accommodations when selecting a venue so as to\\nmaximize participation by parents and the community.\\n (c) (i) Notice of the time, place and agenda for all city board\\nregular public meetings shall be publicly provided, including via the\\ncity board's official internet web site, and specifically circulated to\\nall community superintendents, community district education councils,\\ncommunity boards, and school based management teams, at least ten\\nbusiness days in advance of such meeting.\\n (ii) A city board regular public meeting agenda shall be comprised of\\na list and brief description of the subject matter being considered,\\nidentification of all items subject to a city board vote, and the name,\\noffice, address, email address and telephone number of a city district\\nrepresentative, knowledgeable on the agenda, from whom any information\\nmay be obtained and to whom written comments may be submitted concerning\\nitems on such agenda.\\n (d) The chairperson of the city board shall ensure that at every\\nregular public meeting there is a sufficient period of time to allow for\\npublic comment on any topic on the agenda prior to any city board vote.\\n (e) Minutes of all city board regular public meetings shall be made\\npublicly available, including via the city board's official internet\\nwebsite, in a timely manner but no later than the subsequent regular\\ncity board meeting.\\n 2. (a) There shall be a community council for each community district\\ncreated pursuant to this article.\\n (b) The city board shall define, adjust, alter, maintain and adopt the\\nboundaries of the community districts pursuant to this chapter no later\\nthan February first, nineteen hundred ninety-five. There shall be no\\nless than thirty nor more than thirty-seven community districts.\\n (c) The city board may readjust or alter the districts in such plan\\nonly once in every ten years, commencing with the year two thousand\\nfour. The city board in conjunction with the chancellor and the\\ncommunity council representatives, shall prepare and make public a plan\\nto ensure the smooth transition of pupils and school personnel, creation\\nof new boards, and allocation of school facilities and resources among\\nthe districts established pursuant to paragraph (b) of this subdivision.\\nPrior to the adoption of the transition plan, the city board shall hold\\none or more public hearings in each borough. The city board shall make\\nthe transition plan available not less than three weeks before the first\\nsuch public hearing. Upon receipt of comments, the city board, in\\nconjunction with the chancellor and the community council\\nrepresentatives, shall prepare a revised transition plan, if necessary\\nand make such plan available to the public for comment.\\n 3. (a) The redistricting advisory study group established prior to the\\neffective date of this paragraph for the purpose of study and making\\nrecommendations on community school district boundaries, is hereby\\ncontinued and shall perform the duties required herein.\\n (b) The study group shall prepare a report containing recommendations\\nfor dividing the city into no more than thirty-seven community\\ndistricts.\\n (c) In preparation of its recommendations for dividing the city into\\ncommunity districts, the study group shall ensure that the\\nrecommendations provide for the most effective delivery of educational\\nservices and shall be guided by the following criteria:\\n (1) each community district shall: (i) be a suitable size for\\nefficient policy-making and economic management; (ii) contain a\\nreasonable number of pupils; (iii) be compact and contiguous, contained\\nwithin county lines, and to the maximum extent possible, keep intact\\ncommunities and neighborhoods; and (iv) bear a rational relationship to\\ngeographic areas for which the city of New York plans and provides\\nservices;\\n (2) to the extent possible, keep existing lines intact;\\n (3) the common and special education needs of the communities and\\nschool children involved;\\n (4) effective utilization of existing and planned school facilities;\\n (5) minimum disruption of existing and planned elementary\\nschool-junior high/middle school-high school feeder patterns;\\n (6) transportation facilities;\\n (7) additional administrative costs involved in the creation of such\\nnew districts; and\\n (8) ensure fair and effective representation of racial and language\\ngroups pursuant to the Voting Rights Act of 1965, as amended;\\n (9) notwithstanding the provisions of this subparagraph and\\nsubparagraphs one through eight of this paragraph: (i) the residents of\\nthe county of New York in school district ten as it existed prior to the\\nimplementation of this paragraph shall continue to remain in school\\ndistrict ten as such district is comprised; (ii) the boundaries of\\ncommunity district thirty-one shall continue to remain as they are\\ncurrently comprised; and (iii) no county shall have fewer community\\nschool districts than in existence on the effective date of this\\nparagraph.\\n (d) The study group shall hold one or more public hearings in each\\nborough before final adoption of its recommendations. The study group\\nshall make its recommendations available to the public for inspection\\nand comment not less than one month before the first such public\\nhearing. Following its consideration of the comments received on the\\nrecommendations, the study group shall prepare a report containing its\\nfinal recommendations. The study group shall submit its report to the\\ncity board and make such report available to the public for inspection\\nno later than November first, nineteen hundred ninety-four.\\n (e) The city board of education shall hold public hearings in each\\nborough on the recommendations submitted by the study group and may\\nadopt, revise or reject in whole or in part such recommendations, or,\\nmay request the study group to submit adjusted recommendations. The\\nfinal recommendations shall be adopted by the city board of education no\\nlater than February first, nineteen hundred ninety-five to take effect\\nJuly first, nineteen hundred ninety-six, provided that such revised\\nboundaries adopted by the city board pursuant to this chapter shall be\\nused for purposes of community school board elections to be held on the\\nfirst Tuesday in May, nineteen hundred ninety-six.\\n (f) Provided, however, that the city board may make minor adjustments,\\n(i) to correct errors that may occur in the district lines adopted by\\nthe city board, or (ii) upon showing a change in circumstances. Any such\\nlimited revisions to community school district lines may occur between\\nthe effective date of this paragraph and the city board readjustment\\nscheduled in the year two thousand four.\\n (g) No public hearings required pursuant to this subdivision shall be\\nheld during the months of July and August. All public hearings shall be\\nheld at a time and place designated to maximize community and parent\\nparticipation. Notice of all such public hearings shall be provided in a\\ntimely manner to all print and electronic media and shall be widely\\ndistributed to all interested parties, so as to maximize participation\\nby parents and the community. In addition such notice shall be posted in\\neach school building and district office.\\n 4. a. There shall be a city-wide council on special education created\\npursuant to this section. The city-wide council on special education\\nshall consist of eleven voting members and one non-voting member, as\\nfollows:\\n (1) nine voting members who shall be parents of students with\\nindividualized education programs, to be selected by parents of students\\nwith individualized education programs pursuant to a representative\\nprocess developed by the chancellor. Such members shall serve a two year\\nterm;\\n (2) two voting members appointed by the public advocate of the city of\\nNew York, who shall be individuals with extensive experience and\\nknowledge in the areas of educating, training or employing individuals\\nwith handicapping conditions and will make a significant contribution to\\nimproving special education in the city district. Such members shall\\nserve a two year term; and\\n (3) one non-voting member who is a high school senior with an\\nindividualized education program, appointed by the administrator\\ndesignated by the chancellor to supervise special education programs.\\nSuch member shall serve a one year term.\\n b. The city-wide council on special education shall have the power to:\\n (1) advise and comment on any educational or instructional policy\\ninvolving the provision of services for students with disabilities;\\n (2) advise and comment on the process of establishing committees\\nand/or subcommittees on special education in community school districts\\npursuant to section forty-four hundred two of this chapter;\\n (3) issue an annual report on the effectiveness of the city district\\nin providing services to students with disabilities and making\\nrecommendations, as appropriate, on how to improve the efficiency and\\ndelivery of such services; and\\n (4) hold at least one meeting per month open to the public and during\\nwhich the public may discuss issues facing students with disabilities.\\n c. Vacancies shall be filled for an unexpired term by the city-wide\\ncouncil on special education, pursuant to a process developed by the\\nchancellor that shall include consultation with parents of students with\\nindividualized educational programs; provided however, that where a\\nvacancy occurs in a position appointed by the public advocate, the\\npublic advocate shall appoint a member to serve the remainder of the\\nunexpired term.\\n 5. (a) There shall be a city-wide council on English language learners\\ncreated pursuant to this section. The city-wide council on English\\nlanguage learners shall consist of eleven voting members and one\\nnon-voting member, as follows:\\n (i) nine voting members who shall be parents of students who are in a\\nbilingual or English as a second language program conducted pursuant to\\nsection thirty-two hundred four of this chapter, some of whom may be\\nparents of students who have been in such a program within the preceding\\ntwo years, to be selected by parents of students who receive such\\nservices pursuant to a representative process developed by the\\nchancellor. Such members shall serve a two year term;\\n (ii) two voting members appointed by the public advocate of the city\\nof New York, who shall be individuals with extensive experience and\\nknowledge in the education of English language learners and will make a\\nsignificant contribution to improving bilingual and English as a second\\nlanguage programs in the city district. Such members shall serve a two\\nyear term; and\\n (iii) one non-voting member who is a high school senior who is or has\\nbeen in a bilingual or English as a second language program, appointed\\nby the administrator designated by the chancellor to supervise such\\nprograms. Such member shall serve a one year term.\\n (b) The city-wide council on English language learners shall have the\\npower to:\\n (i) advise and comment on any educational or instructional policy\\ninvolving bilingual or English as a second language programs;\\n (ii) issue an annual report on the effectiveness of the city district\\nin providing services to English language learners and making\\nrecommendations, as appropriate, on how to improve the efficiency and\\ndelivery of such services; and\\n (iii) hold at least one meeting per month open to the public and\\nduring which the public may discuss issues facing English language\\nlearners.\\n (c) Vacancies shall be filled for an unexpired term by the city-wide\\ncouncil on English language learners, pursuant to a process developed by\\nthe chancellor that shall include consultation with parents of students\\nwho receive services for English language learners; provided however,\\nthat where a vacancy occurs in a position appointed by the public\\nadvocate, the public advocate shall appoint a member to serve the\\nremainder of the unexpired term.\\n 6. (a) There shall be a city-wide council on high schools created\\npursuant to this section. The city-wide council on high schools shall\\nconsist of thirteen voting members and one non-voting member, as\\nfollows:\\n (i) ten voting members who shall be parents of students attending\\npublic high schools. Two members representing each borough shall be\\nselected by presidents and officers of the parents' associations or\\nparent-teachers' associations in the relevant borough, pursuant to a\\nprocess established by the chancellor. Such members shall serve a two\\nyear term;\\n (ii) one voting member who shall be a parent of a high school student\\nwith an individualized education program. Such member shall be appointed\\nby the city-wide council on special education, and shall serve a two\\nyear term;\\n (iii) one voting member who shall be a parent of a student in a\\nbilingual or English as a second language program conducted in a public\\nhigh school. Such member shall be appointed by the city-wide council on\\nEnglish language learners, and shall serve a two year term;\\n (iv) one voting member appointed by the public advocate of the city of\\nNew York, who shall be a resident of the city and shall have extensive\\nbusiness, trade, or education experience and knowledge who will make a\\nsignificant contribution to improving education in the city district.\\nSuch member shall serve for a term of two years; and\\n (v) one non-voting member who is a public high school senior,\\nappointed by the chancellor pursuant to a process developed by the\\nchancellor. Such member shall serve a one year term.\\n Officers of parents' associations or parent-teachers' associations who\\nare candidates in the selection process established by the chancellor\\npursuant to this subdivision shall not be eligible to cast votes in such\\nselection process. The association shall elect a member to vote in the\\nplace of each such officer for purposes of the selection process.\\n (b) The city-wide council on high schools shall have the power to:\\n (i) advise and comment on any educational or instructional policy\\ninvolving high schools;\\n (ii) issue an annual report on the effectiveness of the city district\\nin providing services to high school students and making\\nrecommendations, as appropriate, on how to improve the efficiency and\\ndelivery of such services; and\\n (iii) hold at least one meeting per month open to the public and\\nduring which the public may discuss issues facing high schools.\\n (c) Vacancies shall be filled for an unexpired term by the city-wide\\ncouncil on high schools, pursuant to a process developed by the\\nchancellor that shall include consultation with parents of students\\nattending public high school; provided, however, that where a vacancy\\noccurs in a position appointed by the public advocate, the public\\nadvocate shall appoint a member to serve the remainder of the unexpired\\nterm.\\n 7. (a) Members of the city-wide councils established pursuant to this\\nsection shall not be paid a salary or stipend, but shall be reimbursed\\nfor all actual and necessary expenses directly related to the duties and\\nresponsibilities of the city-wide council on which they serve.\\n (b) Each such city-wide council may appoint a secretary, pursuant to\\nthe policies of the city board, who shall perform the following\\nfunctions:\\n (i) prepare meeting notices, agendas and minutes;\\n (ii) record and maintain accounts of proceedings and meetings; and\\n (iii) prepare briefing materials and other related informational\\nmaterials for such meetings.\\n Each city-wide council shall be responsible for the appointment,\\nsupervision, evaluation and discharge of the secretary.\\n (c) No person may serve at the same time on more than one city-wide\\ncouncil established pursuant to this section, nor may any person serve\\nat the same time on such a city-wide council and any community district\\neducation council.\\n (d) A member of a city-wide council established pursuant to this\\nsection shall be ineligible to be employed by any such council, any\\ncommunity district education council, or the city board.\\n (e) No person shall be eligible for membership on a city-wide council\\nestablished pursuant to this section if he or she holds any elective\\npublic office or any elective or appointed party position except that of\\ndelegate or alternate delegate to a national, state, judicial or other\\nparty convention, or member of a county committee.\\n (f) A person who has been convicted of a felony, or has been removed\\nfrom a city-wide council established pursuant to this section or\\ncommunity district education council for any of the following shall be\\npermanently ineligible for appointment to a city-wide council:\\n (i) an act of malfeasance directly related to his or her service on\\nsuch city-wide council or community district education council; or\\n (ii) conviction of a crime, if such crime is directly related to his\\nor her service upon such city-wide council or community district\\neducation council.\\n (g) In addition to the conditions enumerated in the public officers\\nlaw creating a vacancy, a member of a city-wide council established\\npursuant to this section who refuses or neglects to attend three\\nmeetings of such city-wide council of which he or she is duly notified,\\nwithout rendering in writing a good and valid excuse therefor vacates\\nhis or her office by refusal to serve. Each absence and any written\\nexcuse rendered shall be included within the official written minutes of\\nsuch meeting. After the third unexcused absence such city-wide council\\nshall declare a vacancy to the chancellor.\\n * NB Effective until June 30, 2015\\n * § 2590-b. Continuation of city board and establishment of community\\ndistricts. 1. (a) The board of education of the city school district of\\nthe city of New York is hereby continued. Such board of education shall\\nconsist of seven members, a member to be appointed by each borough\\npresident of the city of New York and two by the mayor. Each borough\\npresident appointee shall be a resident of the borough for which the\\nborough president appointing him was elected. Two members at large shall\\nbe appointed by the mayor of the city of New York. Each mayoral\\nappointee shall be a resident of such city. The term of office of each\\nmember shall be four years, commencing the first day of July, nineteen\\nhundred seventy-four and every four years thereafter. A vacancy\\noccurring other than by expiration of term of a member appointed by a\\nborough president shall be filled for the unexpired term by appointment\\nby the appropriate borough president of a person who is a resident of\\nsuch borough. The mayor shall fill vacancies for an unexpired term of\\nany of his appointees. The president of the board shall be chosen by the\\nmembers. Notwithstanding any provision of local law, the members of the\\nboard shall receive compensation for their services as follows: $20,000\\nfor the board president and $15,000 for each board member and shall be\\nreimbursed for the actual and necessary expenses incurred by them in the\\nperformance of their duties.\\n (b) The members to be appointed by the borough presidents shall be\\nappointed not earlier than April first, nineteen hundred seventy-four\\nand not later than June first, nineteen hundred seventy-four and their\\nsuccessors thereafter.\\n The mayor of the city of New York shall appoint two members not\\nearlier than April first, nineteen hundred seventy-four and not later\\nthan June first, nineteen hundred seventy-four and their successors\\nthereafter.\\n 2. (a) There shall be a community board for each community district\\ncreated pursuant to this article.\\n (b) The city board shall define adjust, alter, maintain and adopt the\\nboundaries of the community districts pursuant to this chapter no later\\nthan February first, nineteen hundred ninety-five. There shall be no\\nless than thirty nor more than thirty-seven community districts.\\n (c) The city board may readjust or alter the districts in such plan\\nonly once in every ten years, commencing with the year two thousand\\nfour. The city board in conjunction with the chancellor and the\\ncommunity school boards council, shall prepare and make public a plan to\\nensure the smooth transition of pupils and school personnel, creation of\\nnew boards, and allocation of school facilities and resources among the\\ndistricts established pursuant to paragraph (b) of this subdivision.\\nPrior to the adoption of the transition plan, the city board shall hold\\none or more public hearings in each borough. The city board shall make\\nthe transition plan available not less than three weeks before the first\\nsuch public hearing. Upon receipt of comments, the city board, in\\nconjunction with the chancellor and the community school boards council,\\nshall prepare a revised transition plan, if necessary and make such plan\\navailable to the public for comment. A final transition plan shall be\\nadopted by the city board by November fifteenth, nineteen hundred\\nninety-five.\\n 3. (a) The redistricting advisory study group established prior to the\\neffective date of this paragraph for the purpose of study and making\\nrecommendations on community school district boundaries, is hereby\\ncontinued and shall perform the duties required herein.\\n (b) The study group shall prepare a report containing recommendations\\nfor dividing the city into no more than thirty-seven community\\ndistricts.\\n (c) In preparation of its recommendations for dividing the city into\\ncommunity districts, the study group shall ensure that the\\nrecommendations provide for the most effective delivery of educational\\nservices and shall be guided by the following criteria:\\n (1) each community district shall: (i) be a suitable size for\\nefficient policy-making and economic management; (ii) contain a\\nreasonable number of pupils; (iii) be compact and contiguous, contained\\nwithin county lines, and to the maximum extent possible, keep intact\\ncommunities and neighborhoods; and (iv) bear a rational relationship to\\ngeographic areas for which the city of New York plans and provides\\nservices;\\n (2) to the extent possible, keep existing lines intact;\\n (3) the common and special education needs of the communities and\\nschool children involved;\\n (4) effective utilization of existing and planned school facilities;\\n (5) minimum disruption of existing and planned elementary\\nschool-junior high/middle school-high school feeder patterns;\\n (6) transportation facilities;\\n (7) additional administrative costs involved in the creation of such\\nnew districts; and\\n (8) ensure fair and effective representation of racial and language\\ngroups pursuant to the Voting Rights Act of 1965, as amended;\\n (9) notwithstanding the provisions of this subparagraph and\\nsubparagraphs one through eight of this paragraph: (i) the residents of\\nthe county of New York in school district ten as it existed prior to the\\nimplementation of this paragraph shall continue to remain in school\\ndistrict ten as such district is comprised; (ii) the boundaries of\\ncommunity district thirty-one shall continue to remain as they are\\ncurrently comprised; and (iii) no county shall have fewer community\\nschool districts than in existence on the effective date of this\\nparagraph.\\n (d) The study group shall hold one or more public hearings in each\\nborough before final adoption of its recommendations. The study group\\nshall make its recommendations available to the public for inspection\\nand comment not less than one month before the first such public\\nhearing. Following its consideration of the comments received on the\\nrecommendations, the study group shall prepare a report containing its\\nfinal recommendations. The study group shall submit its report to the\\ncity board and make such report available to the public for inspection\\nno later than November first, nineteen hundred ninety-four.\\n (e) The city board of education shall hold public hearings in each\\nborough on the recommendations submitted by the study group and may\\nadopt, revise or reject in whole or in part such recommendations, or,\\nmay request the study group to submit adjusted recommendations. The\\nfinal recommendations shall be adopted by the city board of education no\\nlater than February first, nineteen hundred ninety-five to take effect\\nJuly first, nineteen hundred ninety-six, provided that such revised\\nboundaries adopted by the city board pursuant to this chapter shall be\\nused for purposes of community school board elections to be held on the\\nfirst Tuesday in May, nineteen hundred ninety-six.\\n (f) Provided, however, that the city board may make minor adjustments,\\n(i) to correct errors that may occur in the district lines adopted by\\nthe city board, or (ii) upon showing a change in circumstances. Any such\\nlimited revisions to community school district lines may occur between\\nthe effective date of this paragraph and the city board readjustment\\nscheduled in the year two thousand four.\\n (g) No public hearings required pursuant to this subdivision shall be\\nheld during the months of July and August. All public hearings shall be\\nheld at a time and place designated to maximize community and parent\\nparticipation. Notice of all such public hearings shall be provided in a\\ntimely manner to all print and electronic media and shall be widely\\ndistributed to all interested parties, so as to maximize participation\\nby parents and the community. In addition such notice shall be posted in\\neach school building and district office.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-C", "title" : "Composition of community district education councils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-04-21", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-C", "activeDate" : "2014-09-22", "sequenceNo" : 979, "repealedDate" : null, "fromSection" : "2590-C", "toSection" : "2590-C", "text" : " * § 2590-c. Composition of community district education councils. 1.\\nEach community district shall be governed by a community district\\neducation council. The community councils shall consist of eleven voting\\nmembers and one non-voting member, as follows:\\n (a) Nine voting members shall be parents whose children are attending\\na school under the jurisdiction of the community district, or have\\nattended a school under the jurisdiction of the community district\\nwithin the preceding two years, and shall be selected by the presidents\\nand officers of the parents' association or parent-teachers'\\nassociation. Such members shall serve for a term of two years.\\nPresidents and officers of parents' associations or parent-teachers'\\nassociations who are candidates in the selection process pursuant to\\nthis section shall not be eligible to cast votes in such selection\\nprocess. The association shall elect a member to vote in the place of\\neach such president or officer for the purposes of the selection\\nprocess.\\n (b) Two voting members shall be appointed by the borough presidents\\ncorresponding to such district. Such appointees shall be residents of,\\nor own or operate a business in, the district and shall be individuals\\nwith extensive business, trade, or education experience and knowledge,\\nwho will make a significant contribution to improving education in the\\ndistrict. Such members shall serve for a term of two years and may only\\nbe reappointed for one additional two year term.\\n (c) One non-voting member who is a high school senior residing in the\\ndistrict, appointed by the superintendent from among the elected student\\nleadership. Such member shall serve for a one year term.\\n Members shall not be paid a salary or stipend, but shall be reimbursed\\nfor all actual and necessary expenses directly related to the duties and\\nresponsibilities of the community council.\\n 2. For the initial community council, such members must be selected on\\nor before October thirty-first, two thousand three, with terms\\ncommencing on December first, two thousand three. Thereafter, commencing\\nin May of two thousand five, the selection of community council members\\nshall occur on the second Tuesday in May, with terms commencing on the\\nfollowing July first.\\n 3. Each such council shall select one of its voting members to serve\\nas chair.\\n 4. Notwithstanding any provisions of law to the contrary, the\\ncommunity district education council may appoint a secretary, pursuant\\nto the policies of the city board, who shall perform the following\\nfunctions: (a) prepare meeting notices, agendas and minutes; (b) record\\nand maintain accounts of proceedings and other council meetings; and (c)\\nprepare briefing materials and other related informational materials for\\nsuch meetings. Each council shall be responsible for the appointment,\\nsupervision, evaluation and discharge of the secretary.\\n 5. No person may serve on more than one community council or on the\\ncity-wide council on special education, the city-wide council on English\\nlanguage learners, or the city-wide council on high schools and a\\ncommunity council. A member of a community council shall be ineligible\\nto be employed by the community council of which he or she is a member,\\nany other community council, the city-wide council on special education,\\nthe city-wide council on English language learners, the city-wide\\ncouncil on high schools, or the city board. No person shall be eligible\\nfor membership on a community council if he or she holds any elective\\npublic office or any elective or appointed party position except that of\\ndelegate or alternate delegate to a national, state, judicial or other\\nparty convention, or member of a county committee.\\n A person who has been convicted of a felony, or has been removed from\\na community school board, community district education council, or the\\ncity-wide council on special education, the city-wide council on English\\nlanguage learners, or the city-wide council on high schools for any of\\nthe following shall be permanently ineligible for appointment to any\\ncommunity district education council: (a) an act of malfeasance directly\\nrelated to his or her service on the city-wide council on special\\neducation, the city-wide council on English language learners, the\\ncity-wide council on high schools, community school board or community\\ndistrict education council; or (b) conviction of a crime, if such crime\\nis directly related to his or her service upon the city-wide council on\\nspecial education, the city-wide council on English language learners,\\nthe city-wide council on high schools, community school board or\\ncommunity district education council.\\n Any decision rendered by the chancellor or the city board with respect\\nto the eligibility or qualifications of the nominees for community\\ndistrict education councils must be written and made available for\\npublic inspection within seven days of its issuance at the office of the\\nchancellor and the city board. Such written decision shall include the\\nfactual and legal basis for its issuance and a record of the vote of\\neach board member who participated in the decision, if applicable.\\n 6. (a) In addition to the conditions enumerated in the public officers\\nlaw creating a vacancy, a member of a community district education\\ncouncil who refuses or neglects to attend three meetings of such council\\nof which he or she is duly notified, without rendering in writing a good\\nand valid excuse therefore vacates his or her office by refusal to\\nserve. Each absence and any written excuse rendered shall be included\\nwithin the official written minutes of such meeting. After the third\\nunexcused absence the community council shall declare a vacancy to the\\nchancellor.\\n (b) (1) Vacancies in positions that were not appointed by a borough\\npresident shall be filled for an unexpired term by the community\\ndistrict education council after consultation with the presidents'\\ncouncil or other consultative body representing parents' associations\\nand other educational groups within the district. Recommendations made\\nby such parents and other educational groups shall be submitted in\\nwriting and included within the record of the meeting at which the\\nvacancy is filled.\\n (2) If such vacancy results in the council not having at least one\\nmember who is a parent of a student who is an English language learner\\nor who has been an English language learner within the preceding two\\nyears, or results in the council not having at least one member who is a\\nparent of a student with an individualized education program, the\\ncommunity council shall select a parent having such qualifications to\\nfill the vacancy.\\n (c) If the vacancy is not filled by the community council within sixty\\ndays after it is declared due to a tie vote for such appointment, the\\nchancellor shall vote with the community council, to break such tie\\nvote. If the community council has failed to fill the vacancy within\\nsixty days after it is declared because of any other reason, the\\nchancellor shall order the community council to do so pursuant to\\nsection twenty-five hundred ninety-1 of this article.\\n (d) Where a vacancy occurs in a position appointed by a borough\\npresident, the borough president shall appoint a member to serve the\\nremainder of the unexpired term.\\n 7. (a) Each community council shall prepare and submit to the city\\nboard a performance report every month. The information provided shall\\ninclude community council members' attendance records; participation in\\ncommunity council committees and other community council activities;\\nvisits to schools; and voting records on major issues before the\\ncommunity council.\\n (b) The city board shall review and consolidate the performance\\nreports into one comprehensive city district-wide report, which shall be\\ndisseminated to the community and the media semiannually.\\n 8. The chancellor shall: (a) develop a process to ensure a uniform\\nelection process for parent associations and parent-teacher\\nassociations. Such process shall ensure uniformity with respect to\\ntiming of elections and the structure and size of the body.\\n (b) develop a process for nomination of candidates for community\\ncouncil membership. Such process will outline in detail the procedure\\nwhich must be followed to present a name for consideration, may include\\nqualifications and prohibitions in addition to those outlined in this\\nsection and may allow for an interview process for nominees.\\n (c) develop selection procedures for community council members which\\nshall attempt to ensure membership that reflects a representative\\ncross-section of the communities within the school district and\\ndiversity of the student population including those with particular\\neducational needs, shall include consideration of the enrollment figures\\nwithin each community district and the potential disparity of such\\nenrollment from school to school within the district, and shall ensure\\nthat, to the extent possible, a school may have no more than one parent\\nrepresentative on the community council. Such procedures shall ensure\\nthat at least one position on the community council is filled by a\\nparent of a student who is an English language learner or who has been\\nan English language learner within the preceding two years, and at least\\none position is filled by a parent of a student with an individualized\\neducation program, and shall allow for the seven remaining positions to\\nbe filled by parents who are otherwise eligible.\\n (d) promulgate rules and regulations requiring financial disclosure by\\nthe nominees and policies prohibiting political endorsements of and\\ncampaign contributions to nominees.\\n (e) beginning in January of each school year and continuing until the\\ndate of selection, ensure the distribution of guides to parents in\\naddition to information regarding community council roles, functions,\\nand activities, including upcoming parents' association and\\nparent-teacher association elections, candidate information, and the\\nnature of the selection process.\\n Prior to the adoption of the processes, procedures, rules or\\nregulations set forth in this subdivision, the chancellor shall ensure\\nthat there is an inclusive public process which allows for sufficient\\npublic input from parents and the community including public hearings.\\nAll such processes, procedures, rules or regulations must be final in\\nsufficient time to assure for an orderly implementation and notification\\nof such processes, procedures, rules or regulations to allow for full\\ncommunity participation in the nomination and selection processes and\\nprocedures.\\n * NB Repealed June 30, 2015\\n * § 2590-c. Composition of community boards. 1. Each community\\ndistrict shall be governed by a community board to consist of nine\\nmembers to be elected for a term of three years and to serve without\\ncompensation. Each such board shall select one of its members to serve\\nas chairman.\\n Notwithstanding any provisions of law to the contrary, the community\\nboard may appoint a board secretary, pursuant to the policies of the\\ncity board, who shall perform the following functions: (a) prepare\\nmeeting notices, agendas and minutes; and (b) record and maintain\\naccounts of proceedings and other board meetings. Each board shall be\\nresponsible for the appointment, supervision, evaluation and discharge\\nof the board secretary.\\n 2. Such members shall be elected at an election conducted by the board\\nof elections in the city of New York to be held on the first Tuesday in\\nMay commencing with the year two thousand three and every third year\\nthereafter for a term commencing on the first day of July next\\nfollowing.\\n 3. Every registered voter residing in a community district and every\\nregistered parent of a child attending any school under the jurisdiction\\nof the community board of such district who is a citizen of the state, a\\nresident of the city of New York for at least thirty days and at least\\neighteen years of age shall be eligible to vote at such election for the\\nmembers of such community board, except that no person may vote more\\nthan once or in more than one community district, and no person shall\\nhave the right to register or vote at any community board election who\\nwould not be qualified to register or vote at any election in accordance\\nwith the provisions of section 5-106 of the election law.\\n (a) The board of elections of the city of New York shall provide for\\nthe personal and mail registration, and cancellation of registration, of\\npersons qualified by this subdivision to vote as \"parents,\" in a manner\\ndetermined jointly by the board of elections and the city board. Each\\nparent shall be offered the opportunity to register as a parent voter at\\nthe time such parent registers his child with the school and at such\\nother times as the board of elections deems necessary to achieve the\\nregistration of the maximum number of parents possible. The registration\\nprocess shall provide a procedure for determining when such parents\\nshall cease to be eligible to vote as parent voters because their child\\nno longer attends a school under the jurisdiction of the community\\nboard.\\n (b) In January next preceding each community board election, the city\\nboard shall provide written notice to every parent of a child attending\\nschool under the jurisdiction of every community board of such parent's\\nright to vote in the community board election, the method and time by\\nwhich a parent may register to vote, and a form by which such parent may\\nregister by mail.\\n (c) The board of elections shall certify qualified registrations\\npursuant to the certification procedures agreed to by the board of\\nelections and the city board. The board of elections shall certify all\\nqualified registrations and transmit notice of such certification to the\\ncity board promptly.\\n 4. (a) Every registered voter residing in a community district and\\nevery parent of a child attending any school under the jurisdiction of\\nthe community board of such district who is a citizen of the state, a\\nresident of the city of New York for at least ninety days prior to the\\ndate of the election, and at least eighteen years of age shall be\\neligible for membership on such community board, provided that such\\nperson not be disqualified from registering for or voting at an election\\nunder the provisions of section 5-106 of the election law or ineligible\\nto serve, under the provisions of paragraph (b) of this subdivision. No\\nperson may serve on more than one community board. A member of a\\ncommunity board shall be ineligible to be employed by the community\\nboard of which he is a board member, any other community board or the\\ncity board. No person shall be eligible for membership on a community\\nboard if he or she holds any elective public office or any elective or\\nappointed party position except that of delegate or alternate delegate\\nto a national, state, judicial or other party convention, or member of a\\ncounty committee.\\n (b) A person who has been convicted of a felony, or has been removed\\nfrom a community school board for any of the following shall be\\npermanently ineligible for appointment or election to any community\\nschool board:\\n (1) an act of malfeasance directly related to his or her service on\\nsuch community school board; or\\n (2) conviction of a crime, if such crime is directly related to his or\\nher service upon such community school board.\\n 5. Each registered voter shall vote at such polling place within his\\nor her community district as shall be designated by the board of\\nelections in the city of New York or may vote as a registered parent\\nvoter, but not both. Each person voting as a registered parent shall\\nvote at such polling place within the community district in which his or\\nher child is attending school as shall be designated by the board of\\nelections in the city of New York. In the event a parent has children\\nattending school in different community districts, the parent may vote\\nat either polling place designated for each of the community districts\\nby the board of elections, but not both. The polls of such elections\\nshall be open between the hours of six o'clock in the forenoon and nine\\no'clock in the evening on the days of elections.\\n 6. Applicability of the election law. (a) The provisions of the\\nelection law with respect to registration of voters, nomination of\\ncandidates, declination of nominations, filling of vacancies in\\nnominations, notices to candidates, objections to petitions, rulings\\nthereon, judicial proceedings, campaign receipts and expenditures,\\nconduct of the election, including the use of voting machines, counting\\nand canvassing of votes, and all other matters so far as applicable\\nshall govern the election of community board members; provided, however,\\nthat:\\n (1) candidates for community board member shall be nominated by\\npetitions in accordance with regulations, not inconsistent with the\\nprovisions of this article, promulgated by the board of elections in the\\ncity of New York. Such petitions shall be filed with the board of\\nelections at least four weeks before the election;\\n (2) nominating petitions shall be signed by not fewer than two hundred\\nregistered voters residing in such community district, or persons\\neligible to vote as registered parents in such community district;\\n (3) each candidate shall be nominated by a separate petition and no\\nelector shall sign more than one such petition. Should an elector sign\\nmore than one such petition, his or her signature shall be void except\\nupon the petition first signed;\\n (4) no candidate shall be identified by political party or other\\norganizational affiliation on the nominating petitions or the ballot;\\n (5) certification of acceptance or declination are not required to be\\nacknowledged; and\\n (6) the order of the names of candidates on the ballot shall be\\ndetermined in the same manner as the order of names of candidates in a\\nprimary election.\\n (b) Notwithstanding the provisions of section 14-102 of the election\\nlaw to the contrary, all receipts and contributions received by a\\ncandidate for community board or a political committee on behalf of a\\ncandidate for community board from any one contributor must be\\nspecifically accounted for by separate items in such candidate's or\\ncommittee's financial disclosure statement.\\n (c) At each election, any candidate for community board member shall\\nbe entitled to exercise all the rights granted by section 8-500 of the\\nelection law to a political party or independent body in regard to the\\nappointment of watchers and challengers for the polls.\\n (d) Any public hearing held by the board of elections or the city\\nboard with respect to the community school board elections or to\\ncandidates for community boards must be stenographically transcribed or\\nrecorded in another manner and such transcripts or written records of\\nsuch recordings must be made available for public inspection at the\\noffices of the city board and the board of elections.\\n (e) Any decision rendered by the board of elections or the city board\\nwith respect to candidates for community boards must be written and made\\navailable for public inspection within seven days of its issuance at the\\noffices of the city board and the board of elections. Such written\\ndecision shall include the factual and legal basis for its issuance and\\na record of the vote of each board member or commissioner of elections\\nwho participated in the decision.\\n 7. The members of each community board shall be elected by\\nproportional representation in accordance with the following rules:\\n (1) Paper ballots. Community board members shall be voted for, in\\naccordance with the instructions provided in paragraph three, on paper\\nballots on which the candidates are listed by name only. The ballots\\nshall conform to the provisions of the election law for paper ballots,\\nso far as applicable, except as to size and as hereinafter provided. The\\nballots shall contain a square for voting before each candidate's name.\\n (2) Order of names on ballot. The names of the candidates shall be\\nprinted in the alphabetical order of their surnames, except that they\\nshall be rotated by polling places by transposing the first named\\ncandidate to the bottom of the order at each succeeding polling place;\\nso that each name shall appear first and in each other position in an\\nequal number, as nearly as possible, of the polling places.\\n (3) Instructions to voters. There shall be no indication on the ballot\\nof a definite number of candidates to be voted for. The instructions to\\nvoters shall read as follows:\\n INSTRUCTIONS\\n Mark Your Choices with NUMBERS Only.\\n (Do NOT use X Marks.)\\n Put the number 1 in the square opposite the name of your first choice.\\n Put the number 2 opposite your second choice, the number 3 opposite\\nyour third choice, and so on. You may mark as many choices as you\\nplease.\\n Do not put the same number opposite more than one name.\\n To vote for a person whose name is not printed on this ballot, write\\nhis name on a blank line under the names of the candidates and put a\\nnumber in the square opposite to show which choice you wish to give him.\\n If you tear or deface or wrongly mark this ballot, draw lines across\\nits face to prevent its being used, return it and obtain another.\\n (4) Central count. Prior to every election at which community board\\nmembers are to be elected, the board of elections shall designate a\\ncentral counting place for each community district where the ballots\\nshall be brought together and counted publicly; shall appoint for each\\ncentral counting place a board of two competent persons, to act as\\ndirectors of the count for such counting place; shall employ a\\nsufficient staff of assistants for each counting place, and shall make\\nsuitable arrangements for the counting and recording of the ballots,\\nsubject to the provisions of this article. If the board of elections and\\nthe city board determine it to be feasible and desirable, the board of\\nelections may provide for the counting of the ballots by any combination\\nof electronic, mechanical or other devices to carry out the provisions\\nof this section. The board of elections shall prepare and provide all\\nnecessary forms and equipment.\\n (5) Assembling ballots. As soon as the polls have closed, the election\\nofficials assigned by the board of elections at each polling place shall\\nseal the ballot boxes without opening them and shall send them at once,\\nas the board of elections may direct, to the central counting place for\\nthe district with a record of the number of ballots for community board\\nmember which have been voted in their polling place.\\n (6) Checking number of ballots. At the central counting place the\\nnumber of ballots for community board member found in each ballot box\\nshall be recorded and compared with the record sent from the\\ncorresponding polling place. The records thus compared shall be made\\navailable to the public with notations explaining any corrections or\\nchanges made therein. Discrepancies which cannot be reconciled shall be\\nshown on the record. All ballots found in the ballot boxes which bear no\\nevidence of having been improperly cast shall be accepted.\\n (7) Sorting of ballots. Ballots shall be sorted by polling places in\\nan order determined by lot.\\n (8) Rules for validity. If a ballot does not clearly show which\\ncandidate the voter prefers to all others or if it contains the\\nsignature of the voter, it shall be held as invalid. Every ballot not\\nthus invalid shall be counted according to the intent of the voter so\\nfar as that can be clearly ascertained, whether marked according to the\\ninstructions printed on it or not. No ballot shall be held invalid\\nbecause it is marked in ink or pencil different from the one supplied at\\nthe polling place, or because the names of candidates thereon have been\\nstricken out by the voter. Any cross mark or check mark shall be\\ndisregarded, except that a single cross mark or check mark on a ballot\\non which no number one appears shall be considered equivalent to the\\nnumber one. If the consecutive numerical order of the numbers on a\\nballot is broken by the omission of one or more numbers, the smallest\\nnumber marked shall be taken to indicate the voter's first choice, the\\nnext smallest his second, and so on, without regard to the number or\\nnumbers omitted.\\n (9) Count of first choices. At the beginning of the count for each\\ndistrict the ballots shall be sorted and counted according to the first\\nchoices marked on them. The ballots shall be so credited to the\\ncandidates of their choice in the order of polling places chosen by lot\\nas specified in paragraph seven of this subdivision. The number of valid\\nballots cast for each candidate as first choice in each polling place\\nand the total number of valid ballots for each candidate and for all\\ncandidates shall be determined and recorded.\\n (10) Single transferable vote. Each candidate shall be credited with\\none vote for every ballot that is sorted to him as first choice or\\ntransferred to him as hereinafter provided, and no ballot shall ever be\\ncredited to more than one candidate at the same time.\\n (11) Quota sufficient to elect. The quota of votes sufficient to elect\\na community board member shall be determined by dividing the total\\nnumber of valid ballots cast in the community district by one more than\\nthe number of members to be elected for the district and adding one to\\nthe result, disregarding fractions. This is the smallest number of\\nballots which could be received separately by each of as many candidates\\nas are to be elected but not by one more.\\n (12) Election of candidates with quotas. All candidates whose\\nfirst-choice ballots equal or exceed the quota shall be declared\\nelected.\\n (13) Transfer of surplus ballots. All of the surplus ballots in excess\\nof the quota of each candidate so elected shall be transferred from him,\\neach to the unelected candidate indicated on it as next choice among\\nsuch candidates. The ballots to be so transferred as surplus ballots\\nshall be those last received by the candidate in the count of first\\nchoices which show a clear next choice for an unelected candidate. All\\nballots which show no such clear next choice shall be left to the credit\\nof the candidate of their first choice. If more than one candidate has\\nfirst-choice ballots in excess of the quota, the surplus ballots of the\\ncandidate with most ballots shall be transferred first, then those of\\nthe candidate with next most ballots, and so on.\\n (14) Election of candidates during transfers. Whenever during any\\ntransfer of ballots, at any stage of the counting, the number of ballots\\ncredited to a candidate becomes equal to the quota, he shall be declared\\nelected and no ballots in excess of the quota shall be transferred to\\nhim. Any transferred ballots in excess of the quota which show a next\\nchoice for such candidate shall be transferred further at once, each to\\nthe next subsequent choice on it for a continuing candidate. A\\n\"continuing candidate\" is a candidate not yet elected or defeated. If\\nsuch a ballot shows no such further choice, it shall be set aside as\\n\"exhausted\".\\n (15) Defeat of lowest candidates. After the count of first choices and\\nthe transfer of all surplus ballots, if any, the candidates having\\nfewest votes to their credit shall be successively defeated and their\\nballots transferred as hereinafter provided. The one candidate with the\\nfewest votes shall be declared defeated first. If at this point, two or\\nmore of the candidates with the next fewest votes, including any such\\ncandidates whose names have been written in, have together fewer votes\\nthan the candidate next higher in number of votes, they may all be\\ndeclared defeated together unless this would reduce the number of\\nundefeated candidates below the number to be elected.\\n (16) Transfer of ballots from defeated candidates. All the ballots of\\nthe candidates thus defeated shall be transferred, each to the candidate\\nindicated on it as next choice among the continuing candidates. If a\\nballot shows no such further choice, it shall be set aside as exhausted.\\nIf the same choice is marked for more than one candidate, it shall be\\ndisregarded except as to continuing candidates, but if the next choice\\nfor a continuing candidate is marked for more than one continuing\\ncandidate, the ballots shall be set aside as exhausted.\\n (17) Defeat of candidate then lowest. When all the ballots of the\\ncandidate or candidates first defeated have been transferred, the one\\ncandidate who is then lowest on the poll shall be declared defeated and\\nall his ballots transferred in the same way.\\n (18) Successive defeats and transfers of ballots. Thereupon the\\ncandidate who is then lowest on the poll shall be declared defeated and\\nall his ballots similarly transferred. The lowest candidates shall be\\ndeclared defeated one at a time and all their ballots transferred until\\nthe election is at an end as hereinafter provided.\\n (19) Order of transfer. When ballots are being transferred from\\ndefeated candidates, they shall be transferred in the reverse order to\\nthat in which they were credited to the candidate whose ballots are\\nbeing transferred, except that if no quota can possibly be completed for\\nanother candidate during the transfer they may be transferred in any\\norder.\\n (20) Ties. In deciding any tie a candidate shall be treated as having\\nmore votes than another if he was credited with more votes at the end of\\nthe last preceding transfer or sorting of ballots at which the numbers\\nof their votes were different. Any tie not thus decided shall be decided\\nby lot.\\n (21) Election ended when all quotas are completed. If at any time as\\nmany candidates as are to be elected have received the quota, the other\\ncandidates shall all be declared defeated and the election shall be at\\nan end. Any transfer that is in progress when the last candidate is\\nelected may be completed for the record.\\n (22) Last candidates elected even if quotas are not completed. If at\\nany time all ballots of any defeated candidates have been transferred\\nand it is impossible to defeat another candidate without reducing the\\ncontinuing candidates below the number still to be elected, all the\\ncontinuing candidates shall be declared elected and the election shall\\nbe at an end.\\n (23) Correction of errors. If at any time after the first sorting of\\nthe ballots a ballot is found to have been misplaced, it shall be\\ncredited to the candidate who should have been credited with it at that\\nstage of the counting or set aside as exhausted if that would have been\\nthe proper disposition of it at that stage, and any changes in the\\ndisposition of the ballots composing completed quotas made necessary by\\nthe correction shall also be made forthwith. If the number of misplaced\\nballots found indicates that the list of continuing candidates may be\\nincorrect, so much of the sorting and counting as may be required to\\ncorrect the error shall be done over again before the count proceeds.\\n (24) Record of count. A record of the count shall be kept in such form\\nas to show, after each sorting or transfer of ballots, the number\\nthereby credited to each candidate, the number thereby found exhausted,\\nthe total for each candidate, the total found exhausted, and the total\\nnumber of valid ballots found by adding the totals of all candidates and\\nthe total found exhausted.\\n (25) Record and disposition of ballots. Every ballot that is\\ntransferred from one candidate to another shall be stamped or marked so\\nas to show all the candidates to whom it is successively credited during\\nthe entire course of the count. If in correcting an error, or in\\nrecounting ballots, any ballots are re-sorted or re-transferred, every\\nsuch ballot shall be made to take the same course that it took in the\\noriginal count unless the correction of an error requires its taking a\\ndifferent course.\\n (26) Ineligible candidates. If a candidate dies or is officially\\ndetermined to be ineligible before the counting of the ballots is\\ncompleted, all choices for such candidate shall be disregarded and every\\nballot which would otherwise have been counted for him shall be counted\\nfor the next choice thereon, if any, instead.\\n (27) Public attendance at count. The candidates, representatives of\\nthe press and other media and, so far as may be consistent with good\\norder and convenience, the public shall be afforded every facility for\\nbeing present and witnessing the count.\\n (28) Supplementary regulations. Administrative regulations for the\\nconduct of elections by proportional representation, not inconsistent\\nwith the provisions of this article may be made by the city board and,\\nsubject to any such regulation, by the board of elections in the city of\\nNew York.\\n ** 7. Method of election. The members of each community board shall be\\nelected in accordance with the following rules of limited voting:\\n (a) Community board members shall be voted for on voting machines, in\\naccordance with the provisions of title two of article seven of the\\nelection law.\\n (b) Order of names on ballot. The names of the candidates shall be\\nprinted in the alphabetical order of their surnames, except that they\\nshall be rotated by polling places by transposing the first named\\ncandidate to the bottom of the order at each succeeding polling place so\\nthat each name shall appear first and in each other position in an equal\\nnumber, as nearly as possible, of the polling places.\\n (c) Vote casting. Each voter is entitled to cast one vote for each\\ncandidate to a maximum of four votes. No voter may cast more than one\\nvote for any one candidate.\\n (d) Election of candidates. The nine candidates receiving the greatest\\nnumber or votes when ballots are counted in accordance with the\\nprovisions of article nine of the election law shall be elected.\\n (e) Ties. In the event that more eligible persons than the number\\nremaining to be elected receive an equal number of votes, on notice to\\nthe persons receiving the same number of votes, the board of elections\\nin the city of New York shall determine by lot which of those persons is\\nelected.\\n (f) Supplementary regulations. Administrative regulations for the\\nconduct of elections by limited voting, not inconsistent with the\\nprovisions of this article, may be made by the board of elections in the\\ncity of New York, in consultation with the city board.\\n ** NB The amendments to subdivision 7 made by chapter 149 of the laws\\nof 1998, although signed into law by the Governor on July 2, 1998, are\\nnot operative until precleared by the Department of Justice, which has\\nnot yet occurred.\\n 8. (a) In addition to the conditions enumerated in the public officers\\nlaw creating a vacancy, a member of a community board who refuses or\\nneglects to attend three meetings of his board of which he is duly\\nnotified, without rendering in writing a good and valid excuse therefor\\nvacates his office by refusal to serve. Each absence and any written\\nexcuse rendered shall be included within the official written minutes of\\nsuch meeting. After the third unexcused absence the board shall declare\\na vacancy and certify the existence of the vacancy to the chancellor.\\n (b) Vacancies shall be filled for the unexpired term by the community\\nboard after consultation with the presidents' council or other\\nconsultative body representing parents' associations and other\\neducational groups within the district. Recommendations made by such\\nparents and other educational groups shall be submitted in writing and\\nincluded within the record of the meeting at which the vacancy is\\nfilled.\\n (c) If the vacancy is not filled by the board within sixty days after\\nit is declared due to a tie vote for such appointment, the chancellor\\nshall vote with the community board, to break such tie vote. If the\\nboard has failed to fill the vacancy within sixty days after it is\\ndeclared because of any other reason, the chancellor shall order the\\nboard to do so pursuant to section twenty-five hundred ninety-l of this\\nchapter.\\n 9. Public information and education. (a) Each community board shall\\nprepare and submit to the city board monthly a performance report. The\\ninformation provided shall include community board members' attendance\\nrecords; participation in community board committees and other community\\nboard activities; visits to schools; and voting records on major issues\\nbefore the community board.\\n (b) The city board shall review and consolidate the performance\\nreports into one comprehensive city district-wide report, which shall be\\ndisseminated to the community and the media semiannually.\\n 10. Polling place procedures. The board of elections shall provide at\\nthe locations designated as polling places on the days of the community\\nboard elections, sufficient employees who have received formal training\\nregarding the conduct of community board elections, including the\\nprocedures applicable to parent voters. The board of elections of the\\ncity of New York shall provide polling place employees who speak other\\nlanguages as required by law.\\n 11. Distribution of information/media. Beginning in October of the\\nschool year in which the community school election will take place, and\\ncontinuing until the date of election, the city board shall ensure the\\ndistribution of voter guides to parents in addition to information\\nregarding community board roles, functions, and activities, including\\nupcoming elections, voter registration, candidate information, and the\\nnature of the election process to parents and to the general public\\nthrough city-wide and local media. The city board and the board of\\nelections of the city of New York should use foreign language and ethnic\\nnewspapers and television stations to maximize minority participation in\\nthe electoral process.\\n 12. Definition. For the purposes of this section, the term \"parent of\\na child\" shall include a parent of a child with a disability, as defined\\nin article eighty-nine of this chapter.\\n * NB Revived June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-D", "title" : "By-laws; regulations and decisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-D", "activeDate" : "2014-09-22", "sequenceNo" : 980, "repealedDate" : null, "fromSection" : "2590-D", "toSection" : "2590-D", "text" : " * § 2590-d. By-laws; regulations and decisions. 1. The city board and\\nthe chancellor shall prescribe such by-laws and regulations as may be\\nnecessary to make effectual the provisions of this chapter and for the\\nconduct of the proceedings of said board consistent with the\\nrequirements of this article. The city board by-laws shall include a\\nprocess by which any member of the city board may request that items be\\nplaced on the city board's agenda. Such request may be made at a city\\nboard regular public meeting or prior to such meeting. If a member of\\nthe city board requests that an item be placed on the agenda at a\\nregular public meeting of the city board, then the chairperson shall\\nrespond to the request at such meeting. If a member of the city board\\nrequests that an item be placed on the agenda at any time prior to a\\nregular public meeting of the city board, then the chairperson shall\\nrespond to the request at any time prior to the subsequent regular\\npublic meeting. Said by-laws and regulations shall be published and\\nindexed and revised at least annually. Copies of such by-laws and\\nregulations shall be made available for public inspection via the city\\nboard's official internet web site, at the offices of the city board,\\neach community council, the office of the commissioner of education, and\\nthe legislative library in Albany, and at such other places as the city\\nboard may deem proper.\\n 2. Each community council shall prescribe such by-laws and regulations\\nas may be necessary to make effectual the provisions of this chapter and\\nfor the conduct of the proceedings of said board. Such by-laws and\\nregulations shall be filed with the city board and the commissioner of\\neducation and shall be made available for inspection by the public at\\nthe offices of the community council. Such by-laws shall include, but\\nnot be limited to the following requirements:\\n a. that there shall be a parents' association or a parent-teachers'\\nassociation in each school under its jurisdiction;\\n b. that the council, the community superintendent and the principal of\\neach school shall have regular communication with all parents'\\nassociations and parent-teachers' associations within the community\\ndistrict, and meet with their elected officers at least quarterly during\\nthe school year, to the end that such associations are provided with\\nfull factual information pertaining to matters of pupil achievement,\\nincluding but not limited to: annual reading scores, comparison of the\\nachievement of pupils in comparable grades and schools, as well as the\\nrecord of achievement of the same children as they progress through the\\nschool; provided, however, that such record and scores shall not be\\ndisclosed in a manner which will identify individual pupils.\\n c. that community councils develop and implement a process consistent\\nwith procedures which shall be developed by the chancellor for community\\ninput in connection with the annual evaluation of the district\\nsuperintendent and other instructional supervisors assigned or appointed\\nto the district by the chancellor.\\n d. that all meetings of the community council be subject to article\\nseven of the public officers law.\\n 3. Copies of all written decisions rendered by the city board acting\\nas an appeal board pursuant to subdivision ten of section twenty-five\\nhundred ninety-g and copies of all written decisions rendered by the\\nchancellor pursuant to section twenty-five hundred ninety-l shall be\\npublished, indexed and revised at least semi-annually. Copies of said\\ndecisions shall be made available for public inspection at the offices\\nof the city board, each community council, the office of the\\ncommissioner of education, and at such other places as the city board\\nshall deem proper.\\n * NB Effective until June 30, 2015\\n * § 2590-d. By-laws; regulations and decisions. 1. The city board and\\nthe chancellor shall prescribe such by-laws and regulations as may be\\nnecessary to make effectual the provisions of this chapter and for the\\nconduct of the proceedings of said board. Said by-laws and regulations\\nshall be published and indexed and revised at least annually. Copies of\\nsuch by-laws and regulations shall be made available for public\\ninspection at the offices of the city board, each community board, the\\noffice of the commissioner of education, and the legislative library in\\nAlbany, and at such other places as the city board may deem proper.\\n 2. Each community board shall prescribe such by-laws and regulations\\nas may be necessary to make effectual the provisions of this chapter and\\nfor the conduct of the proceedings of said board. Such by-laws and\\nregulations shall be filed with the city board and the commissioner of\\neducation and shall be made available for inspection by the public at\\nthe offices of the community board. Such by-laws shall include, but not\\nbe limited to the following requirements:\\n a. that there shall be a parents' association or a parent-teachers'\\nassociation in each school under its jurisdiction;\\n b. that the board, the community superintendent and the principal of\\neach school shall have regular communication with all parents'\\nassociations and parent-teachers' associations within the community\\ndistrict, and meet with their elected officers at least quarterly during\\nthe school year, to the end that such associations are provided with\\nfull factual information pertaining to matters of pupil achievement,\\nincluding but not limited to: annual reading scores, comparison of the\\nachievement of pupils in comparable grades and schools, as well as the\\nrecord of achievement of the same children as they progress through the\\nschool; provided, however, that such record and scores shall not be\\ndisclosed in a manner which will identify individual pupils.\\n c. that districts implement a process for community involvement in\\nconnection with the periodic recommendation of superintendent candidates\\nto the chancellor pursuant to regulations of the chancellor, subject to\\nthe review and approval of the chancellor, and such involvement in\\nconnection with the periodic review of the superintendent's performance.\\n d. that all meetings of the community board be subject to article\\nseven of the public officers law.\\n 3. Copies of all written decisions rendered by the city board acting\\nas an appeal board pursuant to subdivision ten of section twenty-five\\nhundred ninety-g and copies of all written decisions rendered by the\\nchancellor pursuant to section twenty-five hundred ninety-l shall be\\npublished, indexed and revised at least semi-annually. Copies of said\\ndecisions shall be made available for public inspection at the offices\\nof the city board, each community board, the office of the commissioner\\nof education, and at such other places as the city board shall deem\\nproper.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-E", "title" : "Powers and duties of community district education council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-E", "activeDate" : "2014-09-22", "sequenceNo" : 981, "repealedDate" : null, "fromSection" : "2590-E", "toSection" : "2590-E", "text" : " * § 2590-e. Powers and duties of community district education council.\\nEach community council shall have the following powers and duties to\\nestablish educational policies and objectives, not inconsistent with the\\nprovisions of this article and the policies established by the city\\nboard, with respect to all pre-kindergarten, nursery, kindergarten,\\nelementary, intermediate and junior high schools and programs in\\nconnection therewith in the community district. The community councils\\nshall have no executive or administrative powers or functions, but shall\\nhave the following powers and duties:\\n 3. promote achievement of educational standards and objectives\\nrelating to the instruction of students.\\n 4. cooperate as required by the chancellor in the removal from office\\npursuant to section twenty-five hundred ninety-l of this article of any\\ncommunity council member for willful, intentional or knowing involvement\\nin the hiring, appointment or assignment of employees other than as\\nspecifically authorized in this article.\\n 5. a. require community council members, the community superintendent,\\nand any other officer or employee in schools and programs under the\\njurisdiction of the community councils, to make annual written\\ndisclosure, in accordance with regulations and bylaws of the city board\\ndeveloped in consultation with the community councils, to the community\\ncouncil and the city board, of the following information:\\n (1) the employment by the city school board or any community council\\nof any person related within the third degree of consanguinity or\\naffinity to the person making disclosure, including the employment of\\nany such person for which a two-thirds vote was required under paragraph\\ne of subdivision four of section twenty-five hundred ninety-j of this\\nchapter with a notation of the date such vote was taken.\\n (2) the source of any income, reimbursement, gift or other form of\\ncompensation for services rendered together with a description of such\\nservices.\\n (3) the source of any financial contribution made within the year\\npreceding the election or the term of office of a community district\\neducation council member to assist in the election or reelection of such\\nmember of the community council, and the amount of such contribution,\\nconsistent with any applicable regulations of the city board and the\\nboard of elections.\\n b. willful or repeated failure to make full and timely disclosure\\nshall constitute cause for removal from office of any member of a\\ncommunity council or for any other officer or employee disciplinary\\naction and such other penalty as provided by law.\\n c. all written disclosures required hereunder shall be filed with the\\ncommunity council and the city board and shall be available for public\\ninspection during regular business hours on regular business days.\\n 6. require community council members, candidates for community\\ndistrict education councils, the community superintendent and, for good\\ncause shown, any other officer or employee in schools and programs under\\nthe jurisdiction of the community councils to submit to the city board\\nand the community councils, in accordance with regulations and bylaws of\\nthe city board developed in consultation with the community councils,\\nfinancial reports for themselves and their spouses.\\n a. the frequency and period of coverage, the designation of persons to\\nsubmit such reports by name, title or income level or by a combination\\nthereof, and the content of such reports, including minimum dollar\\namounts, shall be determined by the city board.\\n b. willful or repeated failure to file required financial reports or\\nmake other required disclosures shall constitute cause for removal from\\noffice of any member of a community council or for any other officer or\\nemployee disciplinary action and such other penalty as provided by law.\\nNo person may assume office as a community council member without\\npreviously complying with this subdivision, subdivision five of this\\nsection, and with all applicable financial disclosure requirements\\npromulgated by the board of elections.\\n 7. participate in training and continuing education programs pursuant\\nto the provisions of this subdivision.\\n (1) Community district education council members shall participate in\\ntraining to acquaint them with the powers, functions and duties of\\ncommunity council members, as well as the powers of other governing and\\nadministering authorities that affect education including the powers of\\nthe commissioner, city board, chancellor and community superintendents.\\nSuch participation shall be completed no later than three months from\\nthe date in which a community council member takes office for the first\\ntime.\\n (2) Each community district education council member shall be required\\nto participate in continuing education programs on an annual basis as\\ndefined by the chancellor. Participation in training pursuant to\\nparagraph one of this subdivision by a community district education\\ncouncil member who takes office for the first time shall be deemed to\\nsatisfy the requirements of this subdivision for the first year of such\\nmember's term.\\n (3) such training and continuing education programs shall be approved\\nby the chancellor, following consultation with the commissioner, and may\\nbe provided by the state education department, the city board, the\\nchancellor or a nonprofit provider authorized by the chancellor to\\nprovide such training and continuing education programs.\\n (4) the chancellor is authorized to promulgate regulations regarding\\nproviders and their certification, the content and implementation of the\\ntraining and continuing education programs. Any such regulations shall\\nbe developed after consultation with the commissioner.\\n (5) such training and continuing education programs shall be offered\\non an annual basis or more frequently, as needed, to enable community\\ncouncil members to comply with this subdivision.\\n (6) failure of community council members to comply with the training\\nand continuing education requirements mandated by this subdivision shall\\nconstitute cause for removal from office pursuant to section twenty-five\\nhundred ninety-1 of this article.\\n 8. Each year prepare a school district report card pursuant to\\nregulations of the commissioner, and shall make it publicly available by\\ntransmitting it to local newspapers of general circulation, appending it\\nto copies of the proposed budget made publicly available as required by\\nlaw, making it available for distribution at the annual meeting, and\\notherwise disseminating it as required by the commissioner. Such report\\ncard shall include measures of the academic performance of the school\\ndistrict, on a school by school basis, and measures of the fiscal\\nperformance of the district, as prescribed by the commissioner. Pursuant\\nto regulations of the commissioner, the report card shall also compare\\nthese measures to statewide averages for all public schools, and\\nstatewide averages for public schools of comparable wealth and need,\\ndeveloped by the commissioner. Such report card shall include, at a\\nminimum, any information on the school district regarding pupil\\nperformance and expenditure per pupil required to be included in the\\nannual report by the requests to the governor and the legislature\\npursuant to section two hundred fifteen-a of this chapter; and any other\\ninformation required by the commissioner. School districts (i)\\nidentified as having fifteen percent or more of their students in\\nspecial education, or (ii) which have fifty percent or more of their\\nstudents with disabilities in special education programs or services\\nsixty percent or more of the school day in a general education building,\\nor (iii) which have eight percent or more of their students with\\ndisabilities in special education programs in public or private separate\\neducational settings shall indicate on their school district report card\\ntheir respective percentages as defined in this paragraph and paragraphs\\n(i) and (ii) of this subdivision as compared to the statewide average.\\n 9. Subject to paragraph (o) of subdivision one of section twenty-five\\nhundred ninety-f of this article, to employ or retain counsel subject to\\nthe powers and duties of the corporation counsel of the city of New York\\nto be the district's attorney and counsel pursuant to subdivision a of\\nsection three hundred ninety-four of the New York city charter in\\nactions or proceedings in which the council or any member thereof is a\\ndefendant or a respondent.\\n 10. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n 11. Approve zoning lines, as submitted by the superintendent,\\nconsistent with the regulations of the chancellor, applicable to schools\\nunder the jurisdiction of the community district.\\n 12. Hold meetings at least every month with the superintendent to\\ndiscuss the current state of the schools in the district and progress\\nmade toward the implementation of the district's comprehensive education\\nplan required by the chancellor.\\n 13. Review of the district's educational programs and assess their\\neffect on student achievement.\\n 14. Hold public meetings at least every month with the superintendent\\nduring which the public may speak so that parents and the community have\\na voice and a public forum to air their concerns.\\n 15. Submit an annual evaluation of the superintendent to the\\nchancellor.\\n 16. Submit an annual evaluation consistent with procedures which shall\\nbe developed by the chancellor of all other instructional supervisory\\npersonnel who have responsibility for more than one school within the\\ndistrict.\\n 17. Hold a public hearing on the district's annual capacity plans,\\nrecommended by the superintendent and based on data from the chancellor\\non enrollment/utilization for each school within the district and submit\\nsuch plan, upon approval by the community council, to the chancellor for\\nhis or her approval and implementation.\\n 18. Provide input, as it deems necessary, to the chancellor and the\\ncity board on matters of concern to the district.\\n 19. Liaison with school leadership teams as may be necessary and\\nprovide assistance to the school leadership teams where possible.\\n 20. Consult on the selection of a community superintendent pursuant to\\nsubdivision thirty of section twenty-five hundred ninety-h of this\\narticle.\\n 21. Hold a joint public hearing with the chancellor or deputy\\nchancellor, or in the case of a proposed significant change in school\\nutilization the chancellor or his or her designee, and the impacted\\nschool based management team regarding any proposed school closing or\\nsignificant change in school utilization, including the phase-out, grade\\nreconfiguration, re-siting, or co-location of schools, of any public\\nschool located within the community district pursuant to subdivision\\ntwo-a of section twenty-five hundred ninety-h of this article.\\n * NB Effective until June 30, 2015\\n * § 2590-e. Powers and duties of community boards. Each community\\nboard shall have the following powers and duties to establish\\neducational policies and objectives, not inconsistent with the\\nprovisions of this article and the policies established by the city\\nboard, with respect to all pre-kindergarten, nursery, kindergarten,\\nelementary, intermediate and junior high schools and programs in\\nconnection therewith in the community district. The community boards\\nshall have no executive or administrative powers or functions, but shall\\nhave the following powers and duties:\\n 1. employ a community superintendent, selected by the chancellor, by\\ncontract for a term not to exceed by more than one year the term of\\noffice of the community school board authorizing such contract, subject\\nto removal for cause, at a salary to be fixed within the budgetary\\nallocation therefor, subject to the provisions of subdivision two of\\nsection twenty-five hundred ninety-j of this article. Consistent with\\nprocedures of the chancellor establishing a publicly inclusive process\\nfor the recruitment, screening and selection of superintendent\\ncandidates, and regulations establishing educational, managerial, and\\nadministrative qualifications and performance record criteria for such\\nposition, the community board shall select no more than four final\\ncandidates for superintendent from candidates for appointment, who shall\\nhave been interviewed and screened by and with the assistance of\\nparents, teachers, representatives of school support personnel, and\\nadministrators, and forward such names, to the chancellor for selection\\ntogether with the reasons for the recommendation of such candidates. If\\nthe chancellor should reject all the candidates for written reasons\\nwithin thirty days after the receipt of the proposed names, the\\ncommunity board shall make another selection of no more than four new\\nnames consistent with such procedures and regulations, until the\\nchancellor selects a candidate. The contract of employment shall be\\nconsistent with a model contract promulgated by the chancellor which\\nshall include provisions for reappointment.\\n 3. promote achievement of educational standards and objectives\\nrelating to the instruction of students.\\n 4. cooperate as required by the chancellor in the removal from office\\npursuant to section twenty-five hundred ninety-l of this article of any\\ncommunity board member for willful, intentional or knowing involvement\\nin the hiring, appointment or assignment of employees other than as\\nspecifically authorized in this article.\\n 5. a. require community board members, the community superintendent,\\nand any other officer or employee in schools and programs under the\\njurisdiction of the community boards, to make annual written disclosure,\\nin accordance with regulations and bylaws of the city board developed in\\nconsultation with the community boards, to the community board and the\\ncity board, of the following information:\\n (1) the employment by the city school board or any community board of\\nany person related within the third degree of consanguinity or affinity\\nto the person making disclosure, including the employment of any such\\nperson for which a two-thirds vote was required under paragraph e of\\nsubdivision four of section twenty-five hundred ninety-j of this chapter\\nwith a notation of the date such vote was taken.\\n (2) the source of any income, reimbursement, gift or other form of\\ncompensation for services rendered together with a description of such\\nservices.\\n (3) the source of any financial contribution made within the year\\npreceding the election or the term of office of a community board member\\nto assist in the election or reelection of such member of the community\\nboard, and the amount of such contribution, consistent with any\\napplicable regulations of the city board and the board of elections.\\n b. willful or repeated failure to make full and timely disclosure\\nshall constitute cause for removal from office of any member of a\\ncommunity board or for any other officer or employee disciplinary action\\nand such other penalty as provided by law.\\n c. all written disclosures required hereunder shall be filed with the\\ncommunity board and the city board and shall be available for public\\ninspection during regular business hours on regular business days.\\n 6. require community board members, candidates for community boards,\\nthe community superintendent and, for good cause shown, any other\\nofficer or employee in schools and programs under the jurisdiction of\\nthe community boards to submit to the city board and the community\\nboards, in accordance with regulations and bylaws of the city board\\ndeveloped in consultation with the community boards, financial reports\\nfor themselves and their spouses, provided that in the case of community\\nboard members and candidates for community boards the statement of\\nfinancial disclosure and the frequency with which it must be filed must\\nsatisfy at least the requirements and standards for disclosure of\\nsection seventy-three-a of the public officers law.\\n a. the frequency and period of coverage, the designation of persons to\\nsubmit such reports by name, title or income level or by a combination\\nthereof, and the content of such reports, including minimum dollar\\namounts, shall be determined by the city board.\\n b. willful or repeated failure to file required financial reports or\\nmake other required disclosures shall constitute cause for removal from\\noffice of any member of a community board or for any other officer or\\nemployee disciplinary action and such other penalty as provided by law.\\nNo person may assume office as a community board member without\\npreviously complying with this subdivision, subdivision five of this\\nsection, and with all applicable financial disclosure requirements\\npromulgated by the board of elections.\\n 7. participate in training and continuing education programs pursuant\\nto the provisions of this subdivision.\\n (1) Community board members shall participate in training to acquaint\\nthem with the powers, functions and duties of community board members,\\nas well as the powers of other governing and administering authorities\\nthat affect education including the powers of the commissioner, city\\nboard, chancellor and community superintendents. Such participation\\nshall be completed no later than six months from the date in which a\\ncommunity board member takes office for the first time.\\n (2) Each community board member shall be required to participate in\\ncontinuing education programs on an annual basis as defined by the\\nchancellor. Participation in training pursuant to paragraph one of this\\nsubdivision by a community board member who takes office for the first\\ntime shall be deemed to satisfy the requirements of this subdivision for\\nthe first year of such member's term.\\n (3) such training and continuing education programs shall be approved\\nby the chancellor, following consultation with the commissioner, and may\\nbe provided by the state education department, the city board, the\\nchancellor or a nonprofit provider authorized by the chancellor to\\nprovide such training and continuing education programs.\\n (4) the chancellor is authorized to promulgate regulations regarding\\nproviders and their certification, the content and implementation of the\\ntraining and continuing education programs. Any such regulations shall\\nbe developed after consultation with the commissioner.\\n (5) such training and continuing education programs shall be offered\\non an annual basis or more frequently, as needed, to enable community\\nboard members to comply with this subdivision.\\n (6) failure of community board members to comply with the training and\\ncontinuing education requirements mandated by this subdivision shall\\nconstitute cause for removal from office pursuant to section twenty-five\\nhundred ninety-1 of this article.\\n 8. Each year prepare a school district report card pursuant to\\nregulations of the commissioner, and shall make it publicly available by\\ntransmitting it to local newspapers of general circulation, appending it\\nto copies of the proposed budget made publicly available as required by\\nlaw, making it available for distribution at the annual meeting, and\\notherwise disseminating it as required by the commissioner. Such report\\ncard shall include measures of the academic performance of the school\\ndistrict, on a school by school basis, and measures of the fiscal\\nperformance of the district, as prescribed by the commissioner. Pursuant\\nto regulations of the commissioner, the report card shall also compare\\nthese measures to statewide averages for all public schools, and\\nstatewide averages for public schools of comparable wealth and need,\\ndeveloped by the commissioner. Such report card shall include, at a\\nminimum, any information on the school district regarding pupil\\nperformance and expenditure per pupil required to be included in the\\nannual report by the requests to the governor and the legislature\\npursuant to section two hundred fifteen-a of this chapter; and any other\\ninformation required by the commissioner. School districts (i)\\nidentified as having fifteen percent or more of their students in\\nspecial education, or (ii) which have fifty percent or more of their\\nstudents with disabilities in special education programs or services\\nsixty percent or more of the school day in a general education building,\\nor (iii) which have eight percent or more of their students with\\ndisabilities in special education programs in public or private separate\\neducational settings shall indicate on their school district report card\\ntheir respective percentages as defined in this paragraph and paragraphs\\n(i) and (ii) of this subdivision as compared to the statewide average.\\n 9. Subject to paragraph (o) of subdivision one of section twenty-five\\nhundred ninety-f of this article, to employ or retain counsel subject to\\nthe powers and duties of the corporation counsel of the city of New York\\nto be the district's attorney and counsel pursuant to subdivision a of\\nsection three hundred ninety-four of the New York city charter in\\nactions or proceedings in which the board or any member thereof is a\\ndefendant or a respondent.\\n 10. Where the district has provided transportation to students\\nenrolled in such district to a school sponsored field trip,\\nextracurricular activity or any other similar event, it shall provide\\ntransportation back to either the point of departure or to the\\nappropriate school in the district, unless the parent or legal guardian\\nof a student participating in such event has provided the school\\ndistrict with written notice, consistent with district policy,\\nauthorizing an alternative form of return transportation for such\\nstudent or unless intervening circumstances make such transportation\\nimpractical. In cases where intervening circumstances make\\ntransportation of a student back to the point of departure or to the\\nappropriate school in the district impractical, a representative of the\\nschool district shall remain with the student until such student's\\nparent or legal guardian has been (a) contacted and informed of the\\nintervening circumstances which make such transportation impractical and\\n(b) such student had been delivered to his or her parent or legal\\nguardian.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-F", "title" : "Community superintendents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-F", "activeDate" : "2014-09-22", "sequenceNo" : 982, "repealedDate" : null, "fromSection" : "2590-F", "toSection" : "2590-F", "text" : " * § 2590-f. Community superintendents. 1. Subject in every case to\\npowers devolved to principals and schools consistent with this article,\\nthe community superintendent shall have the following powers and duties\\nas superintendent of schools for the community district, which shall be\\nexercised in a manner to ensure the implementation of all provisions of\\nlaw, rules and regulations relating to the management of the schools and\\nthe delivery of instructional services:\\n (a) to assist district schools in obtaining waivers from state,\\nfederal and city board regulations where appropriate to promote student\\nachievement and school performance.\\n (b) to delegate any of her or his powers and duties to such\\nsubordinate officers or employees of her or his community district as\\nshe or he deems appropriate, at his or her sole discretion, and to\\nmodify or rescind any power and duty so delegated.\\n (c) except for the appointment of supervisors pursuant to paragraph\\n(d) of this subdivision, to appoint, define the duties of, assign,\\npromote and discharge all employees, including teacher-aides, of the\\ncommunity district, and fix their compensation and terms of employment\\nwithin amounts appropriated therefor and not inconsistent with the\\nprovisions of this article and any collective bargaining agreement.\\n (d) to appoint supervisory personnel from candidates screened by a\\nscreening committee consistent with regulations of the chancellor\\nestablishing a process that promotes parental and staff involvement in\\nthe recruitment, screening, interviewing and recommendation of\\ncandidates and consistent with qualifications established through\\nchancellor's regulations.\\n (e) to appoint or reject the principal and assistant principal\\ncandidates screened by screening committees, consistent with regulations\\nof the chancellor establishing a process that promotes parental and\\nstaff involvement in the recruitment, screening, interviewing and\\nrecommendation of candidates, and after consulting with members of the\\nschool based management team. Candidates must meet the requirements of\\nregulations of the chancellor establishing educational, managerial, and\\nadministrative qualifications, including evaluation of each candidate's\\nrecord of performance in comparable positions and shall be subject to\\nthe chancellor's power to reject such appointments pursuant to section\\ntwenty-five hundred ninety-h of this article.\\n (f) to supervise and evaluate, at least annually, the performance of\\nprincipals for every school in the district with respect to educational\\neffectiveness and school performance, including effectiveness of\\npromoting student achievement and parental involvement, developing an\\neffective shared decision-making relationship with the school based\\nmanagement team, and maintaining school discipline; the community\\nsuperintendent shall have access to all school records that he or she\\ndeems necessary and shall consider comments contained within an\\nassessment made by the school based management team, pursuant to\\nsubparagraph (vii) of paragraph (b-1) of subdivision fifteen of section\\ntwenty-five hundred ninety-h of this article, when carrying out such\\nevaluations.\\n (g) the authority to transfer or remove principals for persistent\\neducational failure, conflicts of interest, and ethics violations, and\\nto require principals to participate in training and other remedial\\nprograms to address identified factors affecting student achievement and\\nschool performance, consistent with sections twenty-five hundred\\nninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l\\nof this article.\\n (h) to review, modify and approve school-based budgets proposed by the\\nschool, pursuant to section twenty-five hundred ninety-r of this\\narticle, provided however, that the community superintendent shall only\\napprove a school-based budget proposal after certifying that it is\\nsufficiently aligned with its corresponding school's comprehensive\\neducational plan. The community superintendent shall prescribe the form\\nand manner in which principals must submit written justification to\\ndemonstrate that the proposed school-based budget is aligned with the\\nschool's comprehensive educational plan, and shall also include a\\nprovision allowing for the school based management team to respond to\\nsuch justification. The community superintendent shall consider the\\nprincipal's written justification, along with any response provided by\\nthe school based management team, prior to making such certification.\\n (h-1) to establish a process that allows for school based management\\nteam members, other than the principal, to dispute any decision made by\\nthe principal where such team members reach a consensus that the\\ndecision is inconsistent with the goals and policies set forth in their\\nschool's existing comprehensive educational plan. The community\\nsuperintendent shall provide a written response to the school based\\nmanagement team and the principal that includes the information reviewed\\nand the basis for the community superintendent's decision regarding such\\ndispute.\\n (i) to retain one or more district fiscal officers to monitor and\\nreport on schools' expenditures pursuant to the school-based budgets.\\n (j) within the amounts appropriated therefor to administer district\\nminor repair and purchasing funds, and make them available to schools\\nconsistent with sections twenty-five hundred ninety-i, twenty-five\\nhundred ninety-r, and subdivisions thirty-six and thirty-seven of\\nsection twenty-five hundred ninety-h of this article, for services and\\nsupplies provided by the chancellor, the community superintendent, or\\npurchased by the schools, and to provide for minor repairs to all school\\nbuildings and other buildings and sites under the district's\\njurisdiction.\\n (k) subject to subdivision three of section twenty-five hundred\\nninety-e of this article and this section, to approve or disapprove\\nmatters relating to the instruction of students, including the power to\\ndisapprove school choices with respect to selection of textbooks and\\nother instructional materials.\\n (l) (1) to provide assistance and direct support to parents in\\naccessing information, addressing concerns and responding to complaints\\nrelating to their child's education that cannot be resolved at the\\nschool level.\\n (2) to operate administrative offices and similar facilities,\\nincluding social centers, and recreational and extracurricular programs,\\nunder the district's jurisdiction, and the duty to support the operation\\nof school facilities. The community superintendent shall establish a\\ncentral office within the district and hire and supervise sufficient\\nstaff to directly interact with parents, respond to information\\nrequests, receive input and comments, assist the community\\nsuperintendent in resolving complaints in a timely manner, and work to\\ndevelop a cooperative relationship with parents and the school\\ncommunity.\\n (m) subject to regulations or resolutions of the city board, to\\noperate cafeteria or restaurant services for pupils and teachers and for\\nthe use by the community for school related functions and activities and\\nto furnish meals to the elderly, sixty years of age or older, of the\\ndistrict. Charges shall be sufficient to meet the direct cost of\\npreparing and serving such meals, reducible by available reimbursements.\\n (n) to maintain discipline in the educational and other facilities\\nunder the jurisdiction of the district, including the duty to assist the\\nschools in maintaining discipline.\\n (o) to employ or retain counsel subject to the powers and duties of\\nthe corporation counsel of the city of New York to be the district's\\nattorney and counsel pursuant to subdivision a of section three hundred\\nninety-four of the New York city charter; provided, however, that in\\nactions or proceedings between community districts or between a\\ncommunity district and the city board, each community district may be\\nrepresented by its own counsel.\\n (p) in compliance with rules and regulations of the commissioner,\\npromulgated pursuant to section one hundred one-a of this chapter, to\\ngive written notice to the family court pursuant to subdivision three of\\nsection seven hundred fifty-eight-a and subdivision three of section\\n353.6 of the family court act of the desire of any school under the\\njurisdiction of the community district to act in the supervision of\\ncertain juveniles while performing services for the public good.\\n (q) to take all necessary steps to ensure the integrity of community\\ndistrict operations, consistent with standards, policies, objectives,\\nand regulations of the city district.\\n (r) where so authorized by the chancellor, to exercise the\\nchancellor's powers under subdivision thirty-one of section twenty-five\\nhundred ninety-h of this article.\\n (s) to provide written notice and other related information described\\nin subdivision forty-eight of section twenty-five hundred ninety-h of\\nthis article to every parent of a child, including a child with a\\ndisability, attending a school under the jurisdiction of his or her\\ncommunity district education council as directed by the chancellor.\\n (t) notwithstanding any provisions of law to the contrary, to exercise\\nall of the duties and responsibilities of the employing board as set\\nforth in section three thousand twenty-a of this chapter pursuant to a\\ndelegation of the chancellor under section twenty-five hundred ninety-h\\nof this article.\\n (u) to provide relevant data to the community district education\\ncouncil to encourage informed and adequate public discussion on student\\nachievement and the state of each school within the district.\\n (v) to hold at least two public forums within the district, during\\neach school year, for the purpose of reporting on the district's\\nperformance, including progress made toward achieving the district\\ncomprehensive educational plan goals, discussing plans for improvement,\\nand receiving parental and community comments and concerns; the\\ncommunity superintendent shall ensure that notice for the public forums\\nis posted in a manner to maximize the participation of parents, students\\nand school personnel and is specifically circulated to members of the\\nschool based management teams, community district education council and\\nthe relevant community boards.\\n (w) to provide notice of any proposed school closing or significant\\nchange in school utilization, including the phase-out, grade\\nreconfiguration, re-siting, or co-location of schools, for any public\\nschool within the community district to all impacted parents, including\\ninformation as to where a copy of the educational impact statement, or\\nrevised educational impact statement if applicable, may be obtained and\\nthe date of any hearing on such school closure or significant change in\\nschool utilization pursuant to subdivision two-a of section twenty-five\\nhundred ninety-h of this article.\\n 2. In exercising such powers and duties each community superintendent\\nshall comply with all applicable provisions of law, by-laws, rules or\\nregulations, directives or agreements of the chancellor and his or her\\ncommunity district education council and with the city-wide educational\\npolicies established by the city board and his or her community district\\neducation council, including performance standards addressed to\\nadministration and educational effectiveness, and any requirements for\\ncontinuing training and education, embodied in standards, circulars or\\nregulations promulgated by the chancellor provided however, that the\\nchancellor shall ensure that community superintendents are assigned to\\ntasks predominantly within their own community districts and that in no\\nevent shall community superintendents be assigned any task which would\\nimpair their ability to exercise the powers and duties enumerated within\\nthis section, such as responding to parental comments and concerns,\\nappointing and evaluating principals, approving school-based budgets,\\noverseeing educational instruction, providing access to information and\\nassisting with resolving complaints.\\n 3. No person who has served as a member of a community district\\neducation council may be employed by that board or the community\\nsuperintendent of that district within a period of three years after the\\ntermination of such service unless such person qualifies for the\\nposition pursuant to a competitive examination and applicable provisions\\nof the civil service law.\\n * NB Effective until June 30, 2015\\n * § 2590-f. Community superintendents. 1. Subject in every case to\\npowers devolved to principals and schools consistent with this article,\\nthe superintendent shall have the following powers and duties:\\n (a) to assist district schools in obtaining waivers from state,\\nfederal and city board regulations where appropriate to promote student\\nachievement and school performance.\\n (b) to delegate any of her or his powers and duties to such\\nsubordinate officers or employees of her or his community district as\\nshe or he deems appropriate and to modify or rescind any power and duty\\nso delegated.\\n (c) except for the appointment of supervisors pursuant to paragraph\\n(d) of this subdivision, to appoint, define the duties of, assign,\\npromote and discharge all employees, including teacher-aides, of the\\ncommunity district, and fix their compensation and terms of employment\\nwithin amounts appropriated therefor and not inconsistent with the\\nprovisions of this article and any collective bargaining agreement.\\n (d) to appoint supervisory personnel from candidates screened by a\\ncommittee including parents, teachers, and school support personnel, who\\nshall be selected and shall operate in a manner prescribed by\\nchancellor's regulations.\\n (e) to appoint or reject the principal candidates screened by\\nscreening committees, in accordance with procedures and criteria\\nprescribed by chancellor's regulations, and subject to the chancellor's\\npower to reject such appointments pursuant to section twenty-five\\nhundred ninety-h of this article.\\n (f) to evaluate, at least annually, the performance of principals for\\nevery school in the district with respect to educational effectiveness\\nand school performance, including effectiveness of promoting student\\nachievement and parental involvement, and maintaining school discipline.\\n (g) the authority to transfer or remove principals for persistent\\neducational failure, conflicts of interest, and ethics violations, and\\nto require principals to participate in training and other remedial\\nprograms to address identified factors affecting student achievement and\\nschool performance, consistent with sections twenty-five hundred\\nninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l\\nof this article.\\n (h) to review, modify and approve school-based budgets proposed by the\\nschool, pursuant to section twenty-five hundred ninety-r of this\\narticle.\\n (i) to retain one or more district fiscal officers to monitor and\\nreport on schools' expenditures pursuant to the school-based budgets.\\n (j) within the amounts appropriated therefor to administer district\\nminor repair and purchasing funds, and make them available to schools\\nconsistent with sections twenty-five hundred ninety-i, twenty-five\\nhundred ninety-r, and subdivisions thirty-six and thirty-seven of\\nsection twenty-five hundred ninety-h of this article, for services and\\nsupplies provided by the chancellor, the superintendent, or purchased by\\nthe schools, and to provide for minor repairs to all school buildings\\nand other buildings and sites under the district's jurisdiction.\\n (k) subject to subdivision three of section twenty-five hundred\\nninety-e of this article and this section, to approve or disapprove\\nmatters relating to the instruction of students, including the power to\\ndisapprove school choices with respect to selection of textbooks and\\nother instructional materials.\\n (l) to operate administrative offices and similar facilities,\\nincluding social centers, and recreational and extracurricular programs,\\nunder the district's jurisdiction, and the duty to support the operation\\nof school facilities.\\n (m) subject to regulations or resolutions of the city board, to\\noperate cafeteria or restaurant services for pupils and teachers and for\\nthe use by the community for school related functions and activities and\\nto furnish meals to the elderly, sixty years of age or older, of the\\ndistrict. Charges shall be sufficient to meet the direct cost of\\npreparing and serving such meals, reducible by available reimbursements.\\n (n) to maintain discipline in the educational and other facilities\\nunder the jurisdiction of the district, including the duty to assist the\\nschools in maintaining discipline.\\n (o) to employ or retain counsel subject to the powers and duties of\\nthe corporation counsel of the city of New York to be the district's\\nattorney and counsel pursuant to subdivision a of section three hundred\\nninety-four of the New York city charter; provided, however, that in\\nactions or proceedings between community districts or between a\\ncommunity district and the city board, each community district may be\\nrepresented by its own counsel.\\n (p) in compliance with rules and regulations of the commissioner,\\npromulgated pursuant to section one hundred one-a of this chapter, to\\ngive written notice to the family court pursuant to subdivision three of\\nsection seven hundred fifty-eight-a and subdivision three of section\\n353.6 of the family court act of the desire of any school under the\\njurisdiction of the community district to act in the supervision of\\ncertain juveniles while performing services for the public good.\\n (q) to take all necessary steps to ensure the integrity of community\\ndistrict operations, consistent with regulations promulgated by the\\nchancellor and the city board.\\n (r) where so authorized by the chancellor, to exercise the\\nchancellor's powers under subdivision thirty-one of section twenty-five\\nhundred ninety-h of this article.\\n ** (s) to provide written notice and other related information\\ndescribed in paragraph (b) of subdivision three of section twenty-five\\nhundred ninety-c of this article to every parent of a child, including a\\nchild with a disability, attending a school under the jurisdiction of\\nhis or her community board as directed by the chancellor.\\n ** NB There are 2 par (s)'s\\n ** (s) notwithstanding any provisions of law to the contrary, to\\nexercise all of the duties and responsibilities of the employing board\\nas set forth in section three thousand twenty-a of this chapter pursuant\\nto a delegation of the chancellor under section twenty-five hundred\\nninety-h of this article.\\n ** NB There are 2 par (s)'s\\n 2. In exercising such powers and duties each community superintendent\\nshall comply with all applicable provisions of law, by-laws, rules or\\nregulations, directives or agreements of the city board, the chancellor\\nand his or her community board and with the educational policies\\nestablished by the city board and his or her community board, including\\nperformance standards addressed to administration and educational\\neffectiveness, and any requirements for continuing training and\\neducation, embodied in standards, circulars or regulations promulgated\\nby the chancellor.\\n 3. No person who has served as a member of a community board may be\\nemployed by that board or the superintendent of that district within a\\nperiod of three years after the termination of such service unless such\\nperson qualifies for the position pursuant to a competitive examination\\nand applicable provisions of the civil service law.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-G", "title" : "Powers and duties of the city board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2019-05-03", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-G", "activeDate" : "2014-09-22", "sequenceNo" : 983, "repealedDate" : null, "fromSection" : "2590-G", "toSection" : "2590-G", "text" : " * § 2590-g. Powers and duties of the city board. The city board shall\\nadvise the chancellor on matters of policy affecting the welfare of the\\ncity school district and its pupils. The board shall exercise no\\nexecutive power and perform no executive or administrative functions.\\nNothing herein contained shall be construed to require or authorize the\\nday-to-day supervision or the administration of the operations of any\\nschool within the city school district of the city of New York. The\\nboard shall have the power and duty to:\\n 1. (a) approve standards, policies, and objectives proposed by the\\nchancellor directly related to educational achievement and student\\nperformance;\\n (b) consider and approve any other standards, policies, and objectives\\nas specifically authorized or required by state or federal law or\\nregulation;\\n (c) approve all regulations proposed by the chancellor or the city\\nboard and any amendments made thereto;\\n (d) approve the educational facilities capital plan, and any\\namendments requiring city board approval pursuant to section twenty-five\\nhundred ninety-p of this article, following any applicable hearings\\nconducted by the community district education councils;\\n (e) approve annual estimates of the total sum of money which it deems\\nnecessary for the operation of the city district and the capital budget\\npursuant to section twenty-five hundred ninety-q of this article;\\n (f) approve the allocation of projected revenues among community\\ndistricts and their schools pursuant to subdivision a of section\\ntwenty-five hundred ninety-r of this article and to approve the\\naggregation of the community district budgets, with a proposed budget\\nfor administrative and operational expenditures of the city board and\\nthe chancellor, following a public hearing pursuant to subdivision f of\\nsection twenty-five hundred ninety-r of this article;\\n (g) approve a procurement policy for the city district, and any\\namendments made thereto, developed pursuant to subdivision thirty-six of\\nsection twenty-five hundred ninety-h of this article; and\\n (h) approve proposals for all school closures or significant changes\\nin school utilization including the phase-out, grade reconfiguration,\\nre-siting, or co-location of schools, following any hearing pursuant to\\nsubdivision two-a of section twenty-five hundred ninety-h of this\\narticle.\\n 2. for all purposes, be the government or public employer of all\\npersons appointed or assigned by the city board or the community\\ndistricts; provided, however, that the chancellor shall have the\\nauthority to appoint staff pursuant to subdivision forty-one of section\\ntwenty-five hundred ninety-h of this article;\\n 2-a. adopt a policy proposed by the chancellor that promotes the\\nrecruitment and retention of a workforce at the city district, community\\ndistrict and school level that considers the diversity of the students\\nattending the public schools within the city district. The city board\\nshall review at a regular public meeting an annual report issued by the\\nchancellor outlining the initiatives taken to enhance diversity and\\nequity in recruitment and retention and the impacts of such initiatives\\nto the workforce at the city district, community district and school\\nlevel;\\n 3. serve as the appeal board as provided in section twenty-five\\nhundred ninety-l of this article, and subject to such powers, duties,\\nand restrictions as were in effect before the effective date of this\\nsection;\\n 4. subject to the provisions of section twenty-five hundred ninety-i\\nof this article, maintain such jurisdiction over city-wide educational\\npolicies governing the special, academic, vocational, and other high\\nschools authorized by this article before the effective date of this\\nsection as the respective community district education councils maintain\\nover the schools within their jurisdiction, which shall not be construed\\nto require or authorize the day-to-day supervision or the administration\\nof the operations of such schools.\\n 5. (a) Approve any contract awarded by the city district or the\\ncommunity districts where:\\n (i) such contract was let by a procurement method other than\\ncompetitive sealed bidding pursuant to subdivision thirty-six of section\\ntwenty-five hundred ninety-h of this article, including but not limited\\nto competitive sealed proposals, or sole source contracts;\\n (ii) such contract provides for technical, consultant or personal\\nservices;\\n (iii) the value of such contract exceeds, or projects an annual\\nexpenditure exceeding one million dollars; or\\n (iv) the value of any contracts awarded to a single entity exceeds one\\nmillion dollars annually;\\n (b) Approve all franchises, revocable consents, and concessions\\nawarded by the city district or the community districts.\\n (c) Notwithstanding paragraphs (a) and (b) of this subdivision, city\\nboard approval shall not be required for any contract with the United\\nStates General Services Administration or any other federal agency, if\\nthe price is lower than the prevailing market price, or the New York\\nstate office of general services or any other state agency, if the price\\nis lower than the prevailing market price, or for any contract made\\ndirectly by an individual school.\\n 6. Approve litigation settlements only when such settlement would\\nsignificantly impact the provision of educational services or\\nprogramming within the district.\\n 6-a. Approve by-laws for the city board pursuant to section\\ntwenty-five hundred ninety-d of this article.\\n 7. All items requiring city board approval shall be by a public vote\\nat a regular public meeting, consistent with the requirements contained\\nwithin subdivision one of section twenty-five hundred ninety-b of this\\narticle, and such items shall not become effective until after such vote\\noccurs except as expressly authorized in subdivision nine of this\\nsection.\\n 8. (a) Prior to the approval of any proposed item listed in\\nsubdivision one of this section, undertake a public review process to\\nafford the public an opportunity to submit comments on the proposed\\nitem. Such public review process shall include notice of the item under\\ncity board consideration which shall be made available to the public,\\nincluding via the city board's official internet website, and\\nspecifically circulated to all community superintendents, community\\ndistrict education councils, community boards, and school based\\nmanagement teams, at least forty-five days in advance of any city board\\nvote on such item. Notice of the proposed item under city board\\nconsideration shall include:\\n (i) a description of the subject, purpose and substance of the\\nproposed item under consideration;\\n (ii) information regarding where the full text of the proposed item\\nmay be obtained;\\n (iii) the name, office, address, email and telephone number of a city\\ndistrict representative, knowledgeable on the item under consideration,\\nfrom whom any information may be obtained concerning such item;\\n (iv) date, time and place of any hearing regarding the proposed item,\\nif applicable;\\n (v) date, time and place of the city board meeting at which the city\\nboard will vote on the proposed item; and\\n (vi) information on how to submit written or oral comments regarding\\nthe item under consideration.\\n (b) In the event that a proposed item listed in subdivision one of\\nthis section is substantially revised at any time following the public\\nnotice provided pursuant to paragraph (a) of this subdivision, the city\\nboard shall issue a revised public notice. Such revised notice shall be\\navailable at least fifteen days in advance of any city board vote on the\\nproposed item, but in no event shall the city board vote on any such\\nitem within forty-five days from the initial public notice provided\\npursuant to paragraph (a) of this subdivision. Revised public notice of\\nthe item under city board consideration shall include:\\n (i) a description of the subject, purpose and substance of the revised\\nitem under consideration;\\n (ii) identification of all substantial revisions to the item;\\n (iii) a summary of all public comments received on such item following\\nthe initial public notice pursuant to paragraph (a) of this subdivision;\\n (iv) information regarding where the full text of the revised item may\\nbe obtained;\\n (v) the name, office, address, email and telephone number of a city\\ndistrict representative, knowledgeable on the item under consideration,\\nfrom whom any information may be obtained concerning such item;\\n (vi) date, time and place of any hearing regarding the item, if\\napplicable;\\n (vii) date, time and place of the city board meeting at which the city\\nboard will vote on the item; and\\n (viii) information on how to submit written or oral comments regarding\\nthe item under consideration.\\n (c) Following the public review process pursuant to paragraph (a) or\\n(b) of this subdivision but prior to voting on any proposed item listed\\nin subdivision one of this section, the city board shall make available\\nto the public, including via the city board's official internet web\\nsite, an assessment of all public comments concerning the item under\\nconsideration received prior to twenty-four hours before the city board\\nmeeting at which such item is subject to a vote. Such assessment shall\\ninclude:\\n (i) a summary and an analysis of the issues raised and significant\\nalternatives suggested;\\n (ii) a statement of the reasons why any significant alternatives were\\nnot incorporated into the proposed item;\\n (iii) a description of any changes made to the proposed item as a\\nresult of public comments received; and\\n (iv) information as to where the full text of any approved item may be\\nobtained.\\n 9. In the event the city board or the chancellor determines that\\nimmediate adoption of any item requiring city board approval is\\nnecessary for the preservation of student health, safety or general\\nwelfare and that compliance with the requirements of subdivision seven\\nor eight of this section would be contrary to the public interest, then\\nsuch proposed item may be adopted on an emergency basis. The city board\\nor chancellor shall provide written justification for such determination\\nand make such justification publicly available including via the city\\nboard's official internet web site. Except as expressly authorized for\\nschool closures or significant changes in school utilizations pursuant\\nto paragraph (f) of subdivision two-a of section twenty-five hundred\\nninety-h of this article, all emergency adoptions shall only remain in\\neffect for sixty days, during such time the city board shall comply with\\nthe requirements of this subdivision in order for the adoption of the\\nitem to become permanent.\\n 10. Respond, at a regular public meeting, to the recommendations\\nraised in the annual reports issued by the city-wide council on special\\neducation, the city-wide council on English language learners and the\\ncity-wide council on high schools.\\n 11. Conduct an annual survey to allow parents, teachers and school\\npersonnel to evaluate the performance of the city board and the\\nchancellor with regards to city district resources, oversight and\\ncurriculum. The results of such survey shall be made publicly available\\nincluding via the city board's official internet website.\\n 12. Provide information, data, estimates and statistics regarding all\\nmatters relating to the city district as requested by the director of\\nthe independent budget office of the city of New York or the comptroller\\nof the city of New York, in a timely fashion.\\n * NB Effective until June 30, 2015\\n * § 2590-g. Powers and duties of the city board. The city board shall\\nadvise the chancellor on matters of policy affecting the welfare of the\\ncity school district and its pupils. Except as otherwise provided by\\nlaw, the board shall exercise no executive power and perform no\\nexecutive or administrative functions. The board shall have the power\\nand duty to:\\n 1. (a) approve standards, policies, objectives and regulations\\nproposed by the chancellor directly related to educational achievement\\nand student performance; (b) approve standards, policies, objectives and\\nregulations directly related to maintaining the internal fiscal\\nintegrity of administrative operations by the chancellor, the community\\ndistricts and the schools; and (c) consider and approve any other\\nstandards, policies, objectives and regulations at the request of the\\nchancellor, or otherwise only as specifically authorized or required by\\nstate or federal law or regulation;\\n 2. for all purposes, be the government or public employer of all\\npersons appointed or assigned by the city board or the community\\ndistricts;\\n 3. serve as the appeal board as provided in section twenty-five\\nhundred ninety-l of this article, and subject to such powers, duties and\\nrestrictions as were in effect before the effective date of this\\nsection;\\n 4. subject to the provisions of section twenty-five hundred ninety-i\\nof this article, maintain such jurisdiction over policies governing the\\nspecial, academic, vocational and other high schools authorized by this\\narticle before the effective date of this section as the respective\\ncommunity boards maintain over the schools within their jurisdiction,\\nwhich shall not be construed to require or authorize the day-to-day\\nsupervision or the administration of the operations of such schools.\\n 5. (a) Prescribe regulations and bylaws requiring members of the city\\nboard, the chancellor, and any other officer or employee in schools and\\nprograms under the jurisdiction of the city board and the chancellor, to\\nmake annual written disclosure to the city board, of the following\\ninformation:\\n (i) the employment by the city school board or any community board of\\nany person related within the third degree of consanguinity or affinity\\nto the person making disclosure, including the employment of any such\\nperson for which a two-thirds vote was required under paragraph e of\\nsubdivision four of section twenty-five hundred ninety-j of this article\\nwith a notation of the date such vote was taken.\\n (ii) the source of any income, reimbursement, gift or other form of\\ncompensation for services rendered together with a description of such\\nservices.\\n (b) Regulations and bylaws authorized herein shall apply with equal\\nforce and effect to community board members, community superintendents\\nand all other officers and employees in schools and programs under the\\njurisdiction of the community boards.\\n (c) The city board shall review, at least once annually, compliance\\nwith the requirements of subdivisions five and six of section\\ntwenty-five hundred ninety-e of this article and regulations or bylaws\\nprescribed hereunder. Any community board member, community\\nsuperintendent or other officer or employee required to make disclosure\\nwho fails to make such disclosure shall be notified in writing of their\\nfailure to do so and given thirty days within which to comply.\\n (d) Willful failure to make full and timely disclosure shall\\nconstitute cause for removal from office of any member of the city board\\nor for any other officer or employee disciplinary action and such other\\npenalty as provided by law.\\n (e) Disclosures made pursuant to the requirements herein and any\\nnotification of failure to make disclosures shall be made available for\\npublic inspection during regular business hours on regular business\\ndays; and\\n 6. (a) Prescribe regulations and bylaws requiring members of the city\\nboard, the chancellor and, for good cause shown, any other officer or\\nemployee in schools and programs under the jurisdiction of the city\\nboard and the chancellor, to submit to the city board, in the discretion\\nof the city board, financial reports for themselves and their spouses.\\n (b) The frequency and period of coverage, the designation of persons\\nto submit such reports by name, title or income level or by a\\ncombination thereof, and the content of such reports, including minimum\\ndollar amounts, shall be determined by the city board and such reports\\nmay include but not necessarily be limited to the following:\\n (i) amount and source of income for services rendered, together with a\\ndescription of such services;\\n (ii) amount and source of gifts, capital gains, reimbursements for\\nexpenditures, and honoraria;\\n (iii) investments in securities and real property;\\n (iv) amount of debts and names of creditors;\\n (v) outstanding loans and other forms of indebtedness due to person\\nreporting or spouse, by name and amounts;\\n (vi) trusts and other fiduciary relationships and their assets in\\nwhich a beneficial interest is held.\\n (c) Regulations and bylaws authorized herein shall apply with equal\\nforce and effect to community board members, community superintendents\\nand all other officers and employees in schools and programs under the\\njurisdiction of the community boards.\\n (d) Willful failure to file required financial reports shall\\nconstitute cause for removal from office of any member of the city board\\nor for any other officer or employee disciplinary action and such other\\npenalty as provided by law.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-H", "title" : "Powers and duties of chancellor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2018-04-27", "2019-04-19", "2019-07-19", "2019-08-09", "2019-09-13", "2020-04-17", "2022-07-08", "2023-11-03", "2023-11-26", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-H", "activeDate" : "2014-09-22", "sequenceNo" : 984, "repealedDate" : null, "fromSection" : "2590-H", "toSection" : "2590-H", "text" : " * § 2590-h. Powers and duties of chancellor. The office of chancellor\\nof the city district is hereby continued. Such chancellor shall serve at\\nthe pleasure of and be employed by the mayor of the city of New York by\\ncontract. The length of such contract shall not exceed by more than two\\nyears the term of office of the mayor authorizing such contract. The\\nchancellor shall receive a salary to be fixed by the mayor within the\\nbudgetary allocation therefor. He or she shall exercise all his or her\\npowers and duties in a manner not inconsistent with the city-wide\\neducational policies of the city board. The chancellor shall have the\\nfollowing powers and duties as the superintendent of schools and chief\\nexecutive officer for the city district, which the chancellor shall\\nexercise to promote an equal educational opportunity for all students in\\nthe schools of the city district, promote fiscal and educational equity,\\nincrease student achievement and school performance and encourage local\\nschool-based innovation, including the power and duty to:\\n 1. Control and operate:\\n (a) academic and vocational senior high schools until such time as the\\nsame may be transferred to the jurisdiction of appropriate community\\ndistrict education councils pursuant to this article;\\n (b) all specialized senior high schools. The special high schools\\nshall include the present schools known as:\\n The Bronx High School of Science, Stuyvesant High School, Brooklyn\\nTechnical High School, Fiorello H. LaGuardia High School of Music and\\nthe Arts in the borough of Manhattan, and such further schools which the\\ncity board may designate from time to time. The special schools shall be\\npermitted to maintain a discovery program in accordance with the law in\\neffect on the date preceding the effective date of this section;\\nadmissions to the special schools shall be conducted in accordance with\\nthe law in effect on the date preceding the effective date of this\\nsection;\\n (c) all special education programs and services conducted pursuant to\\nthis chapter;\\n (d) subject to the provisions of section twenty-five hundred ninety-i\\nof this article, devolving powers to the schools, city-wide programs for\\ncity-wide services to a substantial number of persons from more than one\\ncommunity district, including transportation; food services; payroll and\\npersonnel functions, including pension and retirement services; and\\nenforcement of laws and regulations promoting equal opportunity in\\nemployment, access to public accommodations and facilities, equal\\nopportunity in education, and preventing and addressing unlawful\\ndiscrimination; provided, however, that a community district may also\\noperate within its district programs which provide similar services\\notherwise authorized by this article.\\n 2. Establish, control and operate new schools or programs of the types\\nspecified in subdivision one of this section, or to discontinue any such\\nschools and programs as he or she may determine; provided, however, that\\nthe chancellor shall consult with the affected community district\\neducation council before:\\n (a) substantially expanding or reducing such an existing school or\\nprogram within a community district;\\n (b) initially utilizing a community district school or facility for\\nsuch a school or program;\\n (c) instituting any new program within a community district.\\n 2-a. (a) Notwithstanding any other provision to the contrary, prepare\\nan educational impact statement regarding any proposed school closing or\\nsignificant change in school utilization, including the phase-out, grade\\nreconfiguration, re-siting, or co-location of schools, for any public\\nschool located within the city district.\\n (b) Such educational impact statement shall include the following\\ninformation regarding the proposed school closing or significant change\\nin school utilization:\\n (i) the current and projected pupil enrollment of the affected school,\\nthe prospective need for such school building, the ramifications of such\\nschool closing or significant change in school utilization upon the\\ncommunity, initial costs and savings resulting from such school closing\\nor significant change in school utilization, the potential disposability\\nof any closed school;\\n (ii) the impacts of the proposed school closing or significant change\\nin school utilization to any affected students;\\n (iii) an outline of any proposed or potential use of the school\\nbuilding for other educational programs or administrative services;\\n (iv) the effect of such school closing or significant change in school\\nutilization on personnel needs, the costs of instruction,\\nadministration, transportation, and other support services;\\n (v) the type, age, and physical condition of such school building,\\nmaintenance, and energy costs, recent or planned improvements to such\\nschool building, and such building's special features;\\n (vi) the ability of other schools in the affected community district\\nto accommodate pupils following the school closure or significant change\\nin school utilization; and\\n (vii) information regarding such school's academic performance\\nincluding whether such school has been identified as a school under\\nregistration review or has been identified as a school requiring\\nacademic progress, a school in need of improvement, or a school in\\ncorrective action or restructuring status.\\n (c) Such educational impact statement shall be made publicly\\navailable, including via the city board's official internet website, and\\na copy shall also be filed with the city board, the impacted community\\ncouncil, community boards, community superintendent, and school based\\nmanagement team at least six months in advance of the first day of\\nschool in the succeeding school year.\\n (d) No sooner than thirty days, but no later than forty-five days\\nfollowing the filing of the educational impact statement, the chancellor\\nor deputy chancellor, or in the case of a proposed significant change in\\nschool utilization the chancellor or his or her designee, shall hold a\\njoint public hearing with the impacted community council and school\\nbased management team, at the school that is subject to the proposed\\nschool closing or significant change in school utilization, and shall\\nallow all interested parties an opportunity to present comments or\\nconcerns regarding the proposed school closing or significant change in\\nschool utilization. The chancellor shall ensure that notice of such\\nhearing is widely and conspicuously posted in such a manner to maximize\\nthe number of affected individuals that receive notice, including\\nproviding notice to affected parents and students, and shall also notify\\nmembers of the community boards and the elected state and local\\nofficials who represent the affected community district.\\n (d-1) So long as the revised proposal does not impact any school other\\nthan a school that was identified in the initial educational impact\\nstatement, the chancellor, after receiving public input, may\\nsubstantially revise the proposed school closing or significant change\\nin school utilization provided that the chancellor shall prepare a\\nrevised educational impact statement, in the form prescribed in\\nparagraph (b) of this subdivision, and publish and file such educational\\nimpact statement in the same manner as prescribed in paragraph (c) of\\nthis subdivision. No sooner than fifteen days following the filing of\\nsuch revised educational impact statement, the chancellor or deputy\\nchancellor, or in the case of a significant change in school utilization\\nthe chancellor or his or her designee, shall hold a joint public hearing\\nwith the impacted community council and school based management team, at\\nthe school that is subject to the proposed school closing or significant\\nchange in school utilization and shall allow all interested parties an\\nopportunity to present comments and concerns regarding such proposal.\\nThe chancellor shall ensure that notice of such hearing is widely and\\nconspicuously posted in such a manner to maximize the number of affected\\nindividuals that receive notice, including providing notice to affected\\nparents and students, and shall also notify members of the community\\nboards and the elected state and local officials who represent the\\naffected community district.\\n (e) Except as otherwise provided in paragraph (f) of this subdivision,\\nall proposed school closings or significant changes in school\\nutilization shall be approved by the city board pursuant to section\\ntwenty-five hundred ninety-g of this article and shall not take effect\\nuntil all the provisions of this subdivision have been satisfied and the\\nschool year in which such city board approval was granted, has ended.\\n (f) In the event that the chancellor determines that a school closing\\nor significant change in school utilization is immediately necessary for\\nthe preservation of student health, safety or general welfare, the\\nchancellor may temporarily close a public school or adopt a significant\\nchange in the school's utilization on an emergency basis. Such emergency\\nschool closing or significant change in school utilization shall only\\nremain in effect for six months, during such time the chancellor shall\\ncomply with the requirements of this subdivision in order for such\\nschool closure or significant change in school utilization to extend\\nbeyond the six month period.\\n 3. Subject to the approval of the city board, develop a plan to\\nprovide for the establishment of comprehensive high schools within the\\ncity district so that every community district shall have available to\\nits graduates further education and a comprehensive high school. Such\\nplan may provide for the conversion of academic and vocational high\\nschools and may be amended or modified from time to time.\\n 4. Appoint teacher-aides for the schools and programs under his or her\\njurisdiction within the budgetary allocation therefor.\\n 5. Retain jurisdiction over all employees who are required in\\nconnection with the performance of duties with respect to the design,\\nconstruction, operation and maintenance of all school buildings in the\\ncity school district. Such employees shall have all rights accorded them\\nunder the provisions of the civil service law, including manner of\\nappointment, classification, promotion, transfer and removal including\\nan opportunity to be heard provided, however, that each custodian shall\\nbe responsible for the performance of his or her duties to the principal\\nof the school who shall be responsible to the district superintendent.\\n 6. Employ or retain counsel subject to the powers and duties of the\\ncorporation counsel of the city of New York to be his or her attorney\\nand counsel pursuant to subdivision a of section three hundred\\nninety-four of the New York city charter; provided, however, that in\\nactions or proceedings between the city board or the chancellor and one\\nor more community boards, the city board or the chancellor shall be\\nrepresented by the corporation counsel of the city of New York.\\n 7. To continue existing voluntary programs or to establish new\\nprograms under which students may choose to attend a public school in\\nanother community district.\\n 8. Promulgate minimum clear educational standards, curriculum\\nrequirements and frameworks, and mandatory educational objectives\\napplicable to all schools and programs throughout the city district, and\\nexamine and evaluate periodically all such schools and programs with\\nrespect to\\n (i) compliance with such educational standards and other requirements,\\nand\\n (ii) the educational effectiveness of such schools and programs, in a\\nmanner not inconsistent with the policies of the city board.\\n 9. Furnish community district education councils and the city board\\nperiodically with the results of such examinations and evaluations and\\nto make the same public.\\n 10. Require each community superintendent to make an annual report\\ncovering all matters relating to schools under the district's\\njurisdiction including, but not limited to, the evaluation of the\\neducational effectiveness of such schools and programs connected\\ntherewith.\\n 11. Require such community district education council or\\nsuperintendent to make such number of periodic reports as may be\\nnecessary to accomplish the purposes of this chapter.\\n 13. Perform the following functions throughout the city district;\\nprovided, however, that the chancellor and any community district\\neducation council may agree that any such function may be appropriately\\nperformed by the community district education council with respect to\\nthe schools and programs under its jurisdiction:\\n (a) Technical assistance to community districts and schools;\\n (b) Such warehouse space on a regional basis as he or she determines\\nto be necessary or appropriate after consultation with the community\\nsuperintendents;\\n (c) Purchasing services on a city-wide, regional or community district\\nbasis subject to subdivision thirty-six of this section;\\n (d) Reinforce and foster connections to institutions of higher\\neducation to promote student achievement.\\n 14. Develop and furnish pre-service and in-service training programs\\nfor principals and other employees throughout the city district. In\\naddition, the chancellor shall prepare and annually update a training\\nplan for participating parents, and school personnel, which shall\\ninclude, at minimum, such training as may be required for exercise of\\ntheir responsibilities, full participation and compliance with the\\nprovisions of this section. The chancellor shall, in addition, within\\namounts appropriated, allocate sufficient funds directly and to the\\nsuperintendents for teacher and principal training to meet identified\\nneeds for school improvement.\\n 15. Promote the involvement and appropriate input of all members of\\nthe school community pursuant to the provisions of this article,\\nincluding parents, teachers, and other school personnel, including:\\n (a) establishing a parents' association or a parent-teachers'\\nassociation in each public school under the chancellor's jurisdiction;\\nand ensuring that the districts and charter schools located within the\\ncity district do the same; the chancellor shall ensure that meetings of\\nsuch parents' associations or parent-teachers' associations shall comply\\nwith section four hundred fourteen of this chapter;\\n (b) pursuant to a plan prepared in consultation with associations of\\nparents, and representatives of teachers, supervisors, paraprofessionals\\nand other school personnel within the city district, and promulgated no\\nlater than January thirty-first, nineteen hundred ninety-eight, (i)\\ntaking all necessary steps to ensure that no later than October first,\\nnineteen hundred ninety-nine, the city district and the community\\ndistricts are in full compliance, and remain in compliance thereafter,\\nwith state and federal law and regulations concerning school-based\\nmanagement and shared decision-making, including section 100.11 of the\\ncommissioner's regulations, in a manner which balances participation by\\nparents with participation by school personnel in advising in the\\ndecisions devolved to schools pursuant to sections twenty-five hundred\\nninety-i and twenty-five hundred ninety-r of this article, and (ii)\\npursuant to such plan providing for appropriate training to any parent\\nand school personnel who participate in the school based management and\\nshared decision-making process;\\n (b-1) school based management teams developed pursuant to paragraph\\n(b) of this subdivision shall possess the following powers and duties:\\n (i) develop an annual school comprehensive educational plan and\\nconsult on the school-based budget pursuant to section twenty-five\\nhundred ninety-r of this article. Such school comprehensive educational\\nplan shall be developed concurrently with the development of the\\nschool-based budget so that it may inform the decision-making process\\nand result in the alignment of the comprehensive educational plan and\\nthe school-based budget for the ensuing school year. Such plan shall be\\nsubmitted to the community superintendent along with the principal's\\nwritten justification demonstrating that the school-based budget\\nproposal is aligned with the school's comprehensive educational plan and\\nthe school based management team's response to such justification\\npursuant to paragraph (h) of subdivision one of section twenty-five\\nhundred ninety-f of this article. In the case of specialized, academic,\\nvocational, and other high schools that are not under the jurisdiction\\nof a community superintendent, such plan shall be submitted to the\\nchancellor pursuant to subdivision e of section twenty-five hundred\\nninety-r of this article. The chancellor shall ensure that the\\ncomprehensive educational plan of every school within the city district\\nis easily accessible and be made available for public inspection\\nincluding via the city board's official internet website;\\n (ii) hold at least one meeting per month during the school year. Each\\nmonthly meeting shall be held at a time that is convenient for the\\nparent representatives;\\n (iii) provide notice of monthly meetings that is consistent with the\\nopen meetings law;\\n (iv) have parent members of such teams make recommendations,\\nconsistent with the chancellor's regulations, on the selection of the\\nschool principal and have all members be consulted prior to the\\nappointment of any principal candidate to its school;\\n (v) undergo initial and ongoing training that will allow its members\\nto carry out their duties effectively;\\n (vi) dispute any decision made by the principal to the community\\nsuperintendent pursuant to section twenty-five hundred ninety-f of this\\narticle where members of the school based management team, other than\\nthe principal, reach a consensus that the decision is inconsistent with\\nthe goals and policies set forth in the school's existing comprehensive\\neducational plan; and\\n (vii) provide to the community superintendent an annual assessment of\\nthe school principal's record of developing an effective shared\\ndecision-making relationship with school based management team members;\\nand\\n (c) developing, in consultation with associations of parents in the\\ncity district, and implementing no later than October first, nineteen\\nhundred ninety-eight, a parental bill of rights which provides for, at\\nminimum:\\n (i) reasonable access by parents, persons in parental relation and\\nguardians to schools, classrooms, and academic and attendance records of\\ntheir own children, consistent with federal and state laws, provided\\nthat such access does not disrupt or interfere with the regular school\\nprocess;\\n (ii) the rights of parents, persons in parental relation and guardians\\nto take legal action and appeal the decisions of the school\\nadministration, as authorized by law;\\n (iii) the right of parents, persons in parental relation and guardians\\nto have information on their own child's educational materials;\\n (iv) access to and information about all public meetings, hearings of\\nthe chancellor, the city board, the community superintendents, the\\ncommunity district education councils, and the schools; and\\n (v) access to information regarding programs that allow students to\\napply for admission where appropriate to schools outside a student's own\\nattendance zone.\\n The chancellor shall by rule or regulation provide for the involvement\\nincluding membership, in any parents' association or parent-teacher\\nassociation established pursuant to this subdivision, of a grandparent\\nwho is in parental relation to a child who attends a school within the\\njurisdiction of the community school district. For purposes of this\\nsubdivision, a grandparent shall be considered to be in parental\\nrelation to a child when such grandparent has assumed care of such child\\nbecause such child's parents are not available due to death,\\nimprisonment, mental illness, living outside the state, abandonment of\\nthe child, or other circumstances. A determination of whether a\\ngrandparent is in parental relation to a child shall be based upon the\\nindividual circumstances surrounding guardianship and custodial care of\\nsuch child.\\n 16. Promulgate such rules and regulations as he or she may determine\\nto be necessary or convenient to accomplish the purposes of this act,\\nnot inconsistent with the provisions of this article and the city-wide\\neducational policies of the city board.\\n 16-a. Create standards, policies, and objectives and promulgate\\nregulations directly related to maintaining the internal fiscal\\nintegrity of administrative operations by the chancellor, the community\\ndistricts, and the schools.\\n 17. Possess those powers and duties described in section twenty-five\\nhundred fifty-four of this title, the exercise of which shall be in a\\nmanner not inconsistent with the provisions of this article and the\\ncity-wide educational policies of the city board.\\n 18. Possess those powers and duties contained in section nine hundred\\ntwelve of this chapter and those provisions of article fifteen of this\\nchapter which relate to non-public schools, those powers and duties\\ncontained in section five hundred twenty-two of the New York city\\ncharter, and those powers and duties contained in article seventy-three\\nof this chapter, the exercise of which shall be in a manner not\\ninconsistent with the provisions of this article and the city-wide\\neducational policies of the city board.\\n 19. Delegate any of his or her powers and duties to such subordinate\\nofficers or employees as he or she deems appropriate and to modify or\\nrescind any power and duty so delegated.\\n 20. Ensure compliance with qualifications established for all\\npersonnel employed in the city district, including the taking of\\nfingerprints as a prerequisite for licensure and/or employment of such\\npersonnel. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the division of criminal justice services\\nwhere it shall be appropriately processed. Furthermore, the division of\\ncriminal justice services is authorized to submit the fingerprints to\\nthe federal bureau of investigation for a national criminal history\\nrecord check.\\n 21. Perform the functions of the bureau of audit throughout the city\\ndistrict, including ensuring compliance with subdivisions thirty-six and\\nthirty-seven of this section.\\n 22. Establish uniform procedures for record keeping, accounting and\\nreporting throughout the city district, including pupil record keeping,\\naccounting and reporting.\\n 23. Develop an educational facilities master plan, and revisions\\nthereto, as defined in section twenty-five hundred ninety-o of this\\narticle.\\n 24. Develop and implement a five-year educational facilities capital\\nplan, and amendments thereto, as defined in section twenty-five hundred\\nninety-p of this article. The chancellor shall also appoint a person,\\nwho reports directly to the chancellor or his or her designee, to assist\\nin the development and implementation of such plan and amendments\\nthereto and to oversee the school buildings program.\\n 25. On the chancellor's own initiative, or at the request of a\\ncommunity superintendent, transfer a principal employed by a community\\nschool district pursuant to an agreement with the employee organization\\nrepresenting such principals. The chancellor shall establish a procedure\\nfor consulting with affected parents to explain any such transfer.\\nConsistent with section twenty-five hundred ninety-i of this article,\\nincluding without limitation subdivision three thereof, and subdivision\\none thereof with respect to the rights and obligations of a school to\\nwhich a principal is transferred, in addition to any other law providing\\nfor the transfer of principals, the chancellor also may cause the\\ntransfer or removal of principals for persistent educational failure,\\nconflicts of interest, and ethics violations, and may require principals\\nto participate in training and other remedial programs to address\\nidentified factors affecting student achievement and school performance.\\n 26. Establish educational and experience qualifications and\\nrequirements for all custodial positions including, but not limited to,\\ncustodians and custodial engineers and develop standards for evaluating\\nthe performance of all such individuals, subject to approval of the city\\nboard. Such performance standards shall include, but not be limited to:\\nthe cleanliness of facilities; adequacy and timeliness of minor repairs;\\nmaintenance of good working order of facilities and grounds; general\\nfacilities improvement; and emergency services. The chancellor shall\\npromulgate regulations setting forth the respective responsibilities of\\nthe district plant manager, which shall include regular consultation and\\nongoing reports to the community superintendent, and the principal of\\neach school for evaluating the performance of the custodial employees\\nassigned to his or her school, in accordance with such performance\\nstandards, and such performance evaluations shall be given dominant\\nweight in any decision for the purposes of: advancement; continued\\nemployment; building transfers; and other performance incentives. The\\nresponsibility of the principal of each school in the evaluation of\\ncustodial employees may be a matter for collective bargaining with\\ncollective bargaining representatives for principals.\\n 27. Promulgate regulations, in conjunction with each community\\nsuperintendent, establishing a plan for providing access to school\\nfacilities in each community school district, when not in use for school\\npurposes, in accordance with the provisions of section four hundred\\nfourteen of this chapter. Such plan shall set forth a reasonable system\\nof fees not to exceed the actual costs and specify that no part of any\\nfee shall directly or indirectly benefit or be deposited into an account\\nwhich inures to the benefit of the custodians or custodial engineers.\\n 29. Promulgate regulations establishing educational, managerial, and\\nadministrative qualifications, performance record criteria, and\\nperformance standards for the positions of superintendent and principal.\\n 30. Select and appoint a community superintendent, in compliance with\\nthe qualifications required by subdivision twenty-nine of this section\\nand subject to the provisions of subdivision two of section twenty-five\\nhundred ninety-j of this article, and in consultation with the\\ncorresponding community district education council, at a salary to be\\nfixed within the budgetary allocation therefor.\\n 31. Intervene in any district or school which is persistently failing\\nto achieve educational results and standards approved by the city board\\nor established by the state board of regents, or has failed to improve\\nits educational results and student achievement in accordance with such\\nstandards or state or city board requirements, or in any school or\\ndistrict in which there exists, in the chancellor's judgment, a state of\\nuncontrolled or unaddressed violence. The chancellor may, in addition to\\nexercising any other powers authorized by this article, require such\\nschool principal, or district as the case may be, to prepare a\\ncorrective action plan, with a timetable for implementation of steps\\nacceptable to the chancellor to reach improvement goals consistent with\\ncity board standards and educational results. The chancellor may require\\nthe school or district to alter or improve the corrective action plan,\\nor may directly modify the plan. The chancellor shall monitor\\nimplementation of the plan, and, if the school or district fails to\\nimplement it, may supersede any inconsistent decision of the school\\nprincipal, community district education council or community\\nsuperintendent; assume joint or direct control of the operation of the\\nschool or district to implement the corrective action plan; or take any\\nother action authorized by this article. Any action of the chancellor to\\nsupercede an inconsistent decision of the school principal, community\\ndistrict education council or community superintendent, or to assume\\njoint or direct control of the operation of the school or district\\npursuant to this subdivision may be appealed to the city board in\\naccordance with section twenty-five hundred ninety-g of this article.\\n 32. Appoint a deputy, for each borough of the city of New York,\\nresponsible for coordinating and periodically meeting and consulting\\nwith the borough president, the chancellor and the community\\nsuperintendents in the borough on borough-specific issues and issues of\\nborough-wide significance, including the provision of services in\\nsupport of schools and community districts such as transportation,\\npurchasing, capital planning, and coordination with municipal services,\\nand chancellor and city board policy with respect to the high schools.\\n 33. Require community school board members to participate in training\\nand retraining in order to promote district and school performance and\\nstudent achievement, as a continuing condition for membership.\\n 35. Take all necessary steps to promote the effectiveness and\\nintegrity of school-based budgeting pursuant to section twenty-five\\nhundred ninety-r of this article, including the obligations imposed by\\nsubdivision thirty-seven of this section.\\n 36. Develop a procurement policy for the city school district of the\\ncity of New York and the community districts and public schools therein\\nto ensure the wise and prudent use of public money in the best interest\\nof the taxpayers of the state; guard against favoritism, improvidence,\\nextravagance, fraud, and corruption; and ensure that contracts are\\nawarded consistent with law and on the basis of best value, including,\\nbut not limited to, the following criteria: quality, cost and\\nefficiency.\\n (a) Such policy shall specifically include:\\n (i) a competitive sealed bidding process for the awarding of contracts\\nin which sealed bids are publicly solicited and opened and that a\\ncontract is awarded to the lowest responsive, responsible bidder;\\n (ii) processes for awarding contracts using alternatives to\\ncompetitive sealed bidding where competitive sealed bidding is not\\npracticable or not advantageous, in which case the most competitive\\nalternative method of procurement, which is appropriate under the\\ncircumstances, shall be used consistent with the requirements of\\nsubparagraph (vii) of this paragraph;\\n (iii) measures to enhance the ability of minority and women owned\\nbusiness enterprises to compete for contracts and to ensure their\\nmeaningful participation in the procurement process;\\n (iv) the manner for administering contracts and overseeing the\\nperformance of contracts and contractors;\\n (v) standards and procedures to be used in determining whether bidders\\nare responsible;\\n (vi) circumstances under which procurement may be used for the\\nprovision of technical, consultant or personal services;\\n (vii) requiring written justification for the basis, including the\\nefficiency, benefit, and necessity, for awarding a contract using\\nprocurement methods other than competitive sealed bidding including\\ncompetitive sealed proposals and sole source contracts, and for awarding\\ntechnical, consultant, or personal services contracts, franchises,\\nrevocable consents, or concessions. Such written justification shall be\\nfiled with the comptroller of the city of New York along with the\\ncorresponding contract, franchise, revocable consent, or concession;\\n (viii) maintaining a file for every contract franchise, revocable\\nconsent, and concession containing information pertaining to the\\nsolicitation, award and management of every such contract or agreement.\\nSuch file shall contain copies of each determination, writing or filing\\nrequired by this subdivision and shall be open to public inspection with\\nadequate protection for information which is confidential;\\n (ix) a process for the filing of all contracts, franchises, revocable\\nconsents, and concessions with the comptroller of the city of New York;\\n (x) a process for emergency procurement in the case of an unforeseen\\ndanger to life, safety, property or a necessary service provided that\\nsuch procurement shall be made with such competition as is practicable\\nunder the circumstances and that a written determination of the basis\\nfor the emergency procurement shall be required and filed with the\\ncomptroller of the city of New York when such emergency contract is\\nfiled with such comptroller; and\\n (xi) procedures for the fair and equitable resolution of contract\\ndisputes.\\n (b) Consistent with the provisions of paragraph (a) of this\\nsubdivision such policy shall also include: (i) standards for quality,\\nfunction, and utility of all material goods, supplies, and services\\npurchased by the chancellor, superintendents, or schools; (ii)\\nregulations which enable superintendents and schools to purchase\\nmaterial goods, supplies, and services directly from vendors or\\nsuppliers when such products are available at prices or other terms more\\neconomically beneficial for the purposes of the acquiring superintendent\\nor school; and (iii) regulations shall include repair services and\\nbuilding supplies, as defined in such regulations, for expenditures from\\neach district's minor repair and purchasing funds pursuant to section\\ntwenty-five hundred ninety-r of this article.\\n (c) The chancellor shall be responsible for certifying that the\\nprocedural requisites pursuant to this subdivision and section\\ntwenty-five hundred ninety-g of this article have been met, prior to the\\nfiling any contract awarded by a procurement method other than\\ncompetitive sealed bidding, or prior to filing any technical,\\nconsultant, or personal services contract, franchise, revocable consent,\\nor concession with the comptroller of the city of New York. The\\ncorporation counsel for the city of New York shall certify prior to the\\nfiling of such contract or agreement with the comptroller of the city of\\nNew York, that the city district has legal authority to award each such\\ncontract or agreement.\\n (d) (i) No contract, franchise, revocable consent or concession shall\\nbe implemented until a copy has been filed with the comptroller of the\\ncity of New York and either such comptroller has registered it or thirty\\ndays have elapsed from the date of filing, whichever is sooner, unless\\nan objection has been filed pursuant to subparagraph (iii) of this\\nparagraph, or the comptroller of the city of New York has grounds for\\nnot registering such contract or agreement under subparagraph (ii) of\\nthis paragraph.\\n (ii) Subject to the provisions of subparagraph (iii) of this\\nparagraph, the comptroller of the city of New York shall register such\\ncontract or agreement within thirty days unless such comptroller has\\ninformation indicating that:\\n (1) there remains no unexpended and unapplied balance of the\\nappropriation or fund applicable thereto, sufficient to pay the\\nestimated expense of executing such contract or agreement;\\n (2) a certification required pursuant to this paragraph has not been\\nmade; or\\n (3) the proposed vendor has been debarred by the city of New York.\\n (iii) The comptroller of the city of New York may, within thirty days\\nof the date of filing of the contract, franchise, revocable consent or\\nconcession with his or her office, object in writing to the registration\\nof such contract or agreement, if in such comptroller's judgment there\\nis sufficient reason to believe that there is possible corruption in the\\nletting of such contract or agreement or that the proposed contractor is\\ninvolved in corrupt activity. Such objection shall be delivered within\\nsuch thirty day period to the mayor of the city of New York setting\\nforth in detail the grounds for the New York city comptroller's\\ndetermination. The mayor of the city of New York may require\\nregistration of the contract or agreement despite the New York city\\ncomptroller's objections if the mayor of the city of New York has\\nresponded to such comptroller's objections in writing, indicating:\\n (1) the corrective actions if any, that have been taken or will be\\ntaken in response to such comptroller's objections, or\\n (2) the reasons why the mayor of the city of New York disagrees with\\nsuch comptroller's objections.\\n Such response by the mayor of the city of New York shall not serve as\\nthe basis for further objection by the New York city comptroller, and\\nsuch comptroller shall register the contract, franchise, revocable\\nconsent or concession within ten days of receipt of the mayor of the\\ncity of New York's response.\\n (e) The requirements of paragraphs (c) and (d) of this subdivision\\nshall not apply to an emergency contract awarded pursuant to\\nsubparagraph (x) of paragraph (a) of this subdivision, provided that the\\nchancellor shall comply with the requirements of paragraphs (c) and (d)\\nof this subdivision as soon as practicable.\\n 37. Establish guidelines and a system of internal controls, including\\ninternal administrative controls and internal accounting controls, with\\nprovisions for internal audits, as such terms are defined in section\\nnine hundred fifty of the executive law. Such system shall also include\\na system of internal control review designed to identify weaknesses and\\nidentify actions to rectify them; a clear and concise statement of the\\ngenerally applicable management policies and standards made available to\\neach officer and employee relevant to fiscal and expenditure control, in\\naddition to education and training efforts to ensure adequate\\nunderstanding of internal control standards and evaluation techniques;\\nand the designation of an internal control officer for each community\\ndistrict, each of whom shall report to the chancellor and the auditor\\ngeneral, to execute a regular internal audit function, which shall\\noperate in accordance with generally accepted governmental auditing\\nstandards. The internal auditors for the community districts shall\\noperate in cooperation with the auditor general, appointed by the\\nchancellor, who shall, in addition to the functions of the internal\\nauditors, monitor and conduct random audits of school districts at least\\nonce every two years for fraud, waste, and mismanagement.\\nNotwithstanding any provision of state law or state or city regulation,\\nthe internal auditors, and the auditor general, shall be entitled, upon\\ntheir request, to all and any documents and materials bearing in their\\njudgment on the finances and cost-effectiveness of the schools and the\\nschool districts that is in the possession of the community districts,\\nthe schools, or any officer thereof.\\n 38. To exercise all of the duties and responsibilities of the\\nemploying board as set forth in section three thousand twenty-a of this\\nchapter with respect to any member of the teaching or supervisory staff\\nof schools under the jurisdiction of the community district education\\ncouncils. The chancellor shall exercise all such duties and\\nresponsibilities for all community districts or may delegate the\\nexercise of all such duties and responsibilities to all of the community\\nsuperintendents of the city district.\\n 38-a. To exercise all of the duties and responsibilities of the\\nemploying board as set forth in section three thousand twenty-a of this\\nchapter with respect to any member of the teaching or supervisory staff\\nof schools which are not covered under subdivision thirty-eight of this\\nsection. Provided, however that the city board shall maintain\\njurisdiction over any consequence resulting from an employee waiver of a\\nhearing, as provided for in paragraph (d) of subdivision two of section\\nthree thousand twenty-a of this chapter.\\n 39. (a) Prescribe regulations and by-laws requiring members of the\\ncity board, the chancellor, and any other officer or employee in schools\\nand programs under the jurisdiction of the city board and the chancellor\\nto make annual written disclosure to the chancellor, of the following\\ninformation:\\n (i) the employment by the city school board or any community district\\neducation council of any person related within the third degree of\\nconsanguinity or affinity to the person making disclosure, including the\\nemployment of any such person for which a two-thirds vote was required\\nunder paragraph (e) of subdivision four of section twenty-five hundred\\nninety-j of this article, with a notation of the date such vote was\\ntaken.\\n (ii) the source of any income, reimbursement, gift, or other form of\\ncompensation for services rendered, together with a description of such\\nservices.\\n (b) The chancellor shall review, at least once annually, compliance\\nwith the requirements of subdivisions five and six of section\\ntwenty-five hundred ninety-e of this article and regulations or by-laws\\nprescribed in this subdivision. Any community district education council\\nmember, community superintendent, or other officer or employee required\\nto make disclosure, who fails to make such disclosure, shall be notified\\nin writing of his or her failure to do so and given thirty days within\\nwhich to comply.\\n (d) Willful failure to make full and timely disclosure shall\\nconstitute cause for removal from office of any member of the city board\\nor for any other officer or employee disciplinary action and such other\\npenalty as may be provided by law.\\n (e) Disclosures made pursuant to the requirements of this subdivision\\nand any notification of failure to make disclosures shall be made\\navailable for public inspection during regular business hours on regular\\nbusiness days.\\n 40. (a) Prescribe regulations and by-laws requiring members of the\\ncity board, the chancellor, and, for good cause shown, any other officer\\nor employee in schools and programs under the jurisdiction of the city\\nboard and the chancellor, to submit to the chancellor, in the discretion\\nof the chancellor, financial reports for themselves and their spouses.\\n (b) The frequency and period of coverage, the designation of persons\\nto submit such reports by name, title, or income level, or by a\\ncombination thereof, and the content of such reports, including minimum\\ndollar amounts, shall be determined by the chancellor, and such reports\\nmay include but not necessarily be limited to the following:\\n (i) amount and source of income for services rendered, together with a\\ndescription of such services;\\n (ii) amount and source of gifts, capital gains, reimbursements for\\nexpenditures, and honoraria;\\n (iii) investments in securities and real property;\\n (iv) amount of debts and names of creditors;\\n (v) outstanding loans and other forms of indebtedness due to person\\nreporting or spouse, by name and amounts; and\\n (vi) trusts and other fiduciary relationships and their assets in\\nwhich a beneficial interest is held.\\n (c) Willful failure to file required financial reports shall\\nconstitute cause for removal from office of any member of the city board\\nor for any other officer or employee disciplinary action and such other\\npenalty as may be provided by law.\\n 41. Appoint and set salaries for staff in non-represented managerial\\ntitles.\\n 42. (a) To dispose of such personal property used in the schools and\\nother buildings of the city of New York under the charge of the city\\nboard as shall no longer be required for use therein. Such disposition\\nshall be made in the name of the city of New York and for such city.\\n (b) The chancellor may sell, at prices as may be agreed upon, such\\nmanufactured articles or other products of any school of the district,\\nday and evening, as may not be utilized by the city board, and all\\nmoneys realized by the sale thereof shall be paid into the city treasury\\nand shall at once be appropriated by the city to a special fund to be\\nadministered by the city board for such purposes as such board, in its\\ndiscretion, may determine. All other moneys realized by the sale of\\npersonal property shall be paid into the city treasury and shall at once\\nbe appropriated by the city to the special school fund of the city board\\nfor use in the borough in which the property sold was situated.\\n (c) Such method of disposal shall be deemed not to apply to the\\ndisposition of school books pursuant to subdivision forty-three of this\\nsection.\\n 43. To dispose of, to the best advantage of the city of New York,\\neither by sale or on the basis of money allowance for waste paper, all\\nbooks delivered to the several public schools of such city that have\\nbeen discarded either by reason of being obsolete, no longer required by\\nthe course of study, worn by long usage, or mutilated by accident. If\\ndisposal is made by sale, it shall be to the highest bidder, and the\\nmoney realized shall be paid into the city treasury and shall at once be\\nappropriated by the city to the special school fund of the city board\\nentitled \"supplies\". If disposal is made on the basis of money allowance\\nfor waste paper, it shall be to the highest bidder. Such discarded books\\nmay be disposed of without public advertisement or entry into a formal\\ncontract. Should the discarded books be in such condition that no sale\\nor exchange can be made, or should there be reason to believe that such\\ndiscarded books have become infected through disease among the pupils,\\nor should the superintendent of schools certify that such discarded\\nbooks contain erroneous, inaccurate, obsolete, or antiquated subject\\nmatter, illustrations, maps, charts, or other material, the committee on\\nsupplies of the board of education, if such books cannot be sold, given\\naway, or otherwise salvaged as waste paper without danger to the public\\nhealth, may authorize their destruction by fire, in which event the\\nsuperintendent of school supplies shall obtain and file in his or her\\noffice a certificate that such books have been so destroyed, signed by\\nthe principal of the school in which the books are located.\\n 44. To provide the proper book or books in which he or she shall cause\\nthe class teachers under the direction and supervision of the principal\\nto enter the names, ages, and residences of the pupils attending the\\nschool, the name of the parent or guardian of each pupil, and the days\\non which the pupils shall have attended respectively, and the aggregate\\nattendance of each pupil during the year, and also the day upon which\\nthe school shall have been visited by the superintendent of schools or\\nby an associate superintendent of schools or by an assistant\\nsuperintendent, or by members of the city board, or by members of the\\ncommunity district education council, or by any of them, which entry\\nshall be verified by such oath or affirmation of the principal as may be\\nprescribed by the chancellor. Such books shall be preserved as the\\nproperty of the chancellor and shall at all times be open to inspection\\nby members of the city board, by members of the community councils and\\nby the superintendent of schools, or by any associate superintendent of\\nschools, or by the assistant superintendents.\\n 45. Make rules and regulations for the conduct, operation, and\\nmaintenance of extra classroom activities and for the safeguarding,\\naccounting, and audit of all moneys received and derived therefrom. In\\nthe case of any extra classroom activity as it shall deem proper, and\\nnotwithstanding the provisions of section twenty-five hundred thirty of\\nthis title, it may direct that the moneys received or derived from the\\nconduct, operation, or maintenance of such an extra classroom activity\\nbe deposited with the auditor, who in such event shall be the treasurer\\nof such an extra classroom activity, the moneys of which are required to\\nbe so deposited. In the procurement of articles and services for the\\nconduct, operation, and maintenance of a cafeteria or restaurant\\nservice, the chancellor shall be subject to applicable provisions of\\nlaw, except that said chancellor need not have duly advertised for\\nestimates in order to contract for such articles or services in an\\namount exceeding one thousand dollars. The chancellor shall also have\\npower to assign any officers or employees to perform such duties as he\\nor she may prescribe in connection with an extra classroom activity and\\nto designate such officers and employees when so assigned from whom a\\nbond shall be required for faithful performance of their duties and to\\nfix the sum in which each such bond shall be given.\\n 46. To maintain, through such representatives as he or she may\\ndesignate, an effective visitation and inspection of all schools and\\nclasses maintained in institutions controlled by the department of\\ncorrection of the city of New York.\\n 47. To assign, in his or her discretion, one or more employees of the\\ncity board to serve as trial examiner with power to conduct\\ninvestigations and hearings on behalf of the chancellor. Each trial\\nexaminer shall report the result of any such investigation or hearing to\\nthe chancellor.\\n 48. To hold a public meeting in each community district, in\\nconjunction with the community district education council, during a two\\nyear period, beginning with the two thousand nine--two thousand ten\\nschool year, in order to report on public school finances, student\\nperformance, and educational goals and priorities of the city district\\nand to receive and respond to public comments and concerns. The\\nchancellor shall direct the community superintendent to provide public\\nnotice of such meeting in order to maximize the participation of\\nparents, students, and all other interested parties.\\n 49. To provide information, data, estimates and statistics regarding\\nall matters relating to the city district as requested by the director\\nof the independent budget office of the city of New York or the\\ncomptroller of the city of New York, in a timely fashion.\\n 50. To issue an annual report on the participation of minority and\\nwomen owned business enterprises in the city district's procurement\\nprocess including the number of contracts awarded to minority and women\\nowned business enterprises, the percent of contracts awarded to minority\\nand women owned business enterprises of the total number of all city\\ndistrict contracts, the aggregate value of all contracts awarded to\\nminority and women owned business enterprises, and the percent of the\\naggregate value of contracts awarded to minority and women owned\\nbusiness enterprises of the total aggregate value of all city district\\ncontracts.\\n 51. Propose a policy for city board approval that promotes the\\nrecruitment and retention of a workforce at the city district, community\\ndistrict, and school level that considers the diversity of the students\\nattending the public schools within the city district. The chancellor\\nshall issue an annual report outlining the initiatives taken to enhance\\ndiversity and equity in recruitment and retention and the impacts of\\nsuch initiatives to the workforce at the city district, community\\ndistrict and school level.\\n 52. To compile an inventory of and issue a written report about the\\noutdoor schoolyards in the city school district, as required by\\nsubdivision fourteen of section twenty-five hundred fifty-six of this\\ntitle.\\n 53. To compile an inventory of, issue a written report, and provide\\nrecommendations as required by subdivision fifteen of section\\ntwenty-five hundred fifty-six of this title regarding transportable\\nclassroom units in the city school district.\\n * NB Effective until June 30, 2015\\n * § 2590-h. Powers and duties of chancellor. The office of chancellor\\nof the city district is hereby continued. It shall be filled by a person\\nemployed by the city board by contract for a term not to exceed by more\\nthan one year the term of office of the city board authorizing such\\ncontract, subject to removal for cause. The chancellor shall receive a\\nsalary to be fixed by the city board within the budgetary allocation\\ntherefor. He or she shall exercise all his or her powers and duties in a\\nmanner not inconsistent with the policies of the city board. The\\nchancellor shall have the following powers and duties as the\\nsuperintendent of schools and chief executive officer for the city\\ndistrict, which the chancellor shall exercise to promote an equal\\neducational opportunity for all students in the schools of the city\\ndistrict, promote fiscal and educational equity, increase student\\nachievement and school performance and encourage local school-based\\ninnovation, including the power and duty to:\\n 1. Control and operate:\\n (a) academic and vocational senior high schools until such time as the\\nsame may be transferred to the jurisdiction of appropriate community\\nboards pursuant to this article;\\n (b) all specialized senior high schools. The special high schools\\nshall include the present schools known as:\\n The Bronx High School of Science, Stuyvesant High School, Brooklyn\\nTechnical High School, Fiorello H. LaGuardia High School of Music and\\nthe Arts in the borough of Manhattan, and such further schools which the\\ncity board may designate from time to time. The special schools shall be\\npermitted to maintain a discovery program in accordance with the law in\\neffect on the date preceding the effective date of this section;\\nadmissions to the special schools shall be conducted in accordance with\\nthe law in effect on the date preceding the effective date of this\\nsection;\\n (c) all special education programs and services conducted pursuant to\\nthis chapter;\\n (d) subject to the provisions of section twenty-five hundred ninety-i\\nof this article, devolving powers to the schools, city-wide programs for\\ncity-wide services to a substantial number of persons from more than one\\ncommunity district, including transportation; food services; payroll and\\npersonnel functions, including pension and retirement services; and\\nenforcement of laws and regulations promoting equal opportunity in\\nemployment, access to public accommodations and facilities, equal\\nopportunity in education, and preventing and addressing unlawful\\ndiscrimination; provided, however, that a community district may also\\noperate within its district programs which provide similar services\\notherwise authorized by this article.\\n 2. Establish, control and operate new schools or programs of the types\\nspecified in subdivision one of this section, or to discontinue any such\\nschools and programs as he or she may determine; provided, however, that\\nhe shall consult with the affected community board before:\\n (a) substantially expanding or reducing such an existing school or\\nprogram within a community district;\\n (b) initially utilizing a community district school or facility for\\nsuch a school or program;\\n (c) instituting any new program within a community district.\\n 3. Subject to the approval of the city board, develop a plan to\\nprovide for the establishment of comprehensive high schools within the\\ncity district so that every community district shall have available to\\nits graduates further education and a comprehensive high school. Such\\nplan may provide for the conversion of academic and vocational high\\nschools and may be amended or modified from time to time.\\n 4. Appoint teacher-aides for the schools and programs under his or her\\njurisdiction within the budgetary allocation therefor.\\n 5. Retain jurisdiction over all employees who are required in\\nconnection with the performance of duties with respect to the design,\\nconstruction, operation and maintenance of all school buildings in the\\ncity school district. Such employees shall have all rights accorded them\\nunder the provisions of the civil service law, including manner of\\nappointment, classification, promotion, transfer and removal including\\nan opportunity to be heard provided, however, that each custodian shall\\nbe responsible for the performance of his duties to the principal of the\\nschool who shall be responsible to the district superintendent.\\n 6. Employ or retain counsel subject to the powers and duties of the\\ncorporation counsel of the city of New York to be his or her attorney\\nand counsel pursuant to subdivision a of section three hundred\\nninety-four of the New York city charter; provided, however, that in\\nactions or proceedings between the city board or the chancellor and one\\nor more community boards, the city board or the chancellor shall be\\nrepresented by the corporation counsel of the city of New York.\\n 7. To continue existing voluntary programs or to establish new\\nprograms under which students may choose to attend a public school in\\nanother community district.\\n 8. Promulgate minimum clear educational standards, curriculum\\nrequirements and frameworks, and mandatory educational objectives\\napplicable to all schools and programs throughout the city district, and\\nexamine and evaluate periodically all such schools and programs with\\nrespect to\\n (i) compliance with such educational standards and other requirements,\\nand\\n (ii) the educational effectiveness of such schools and programs, in a\\nmanner not inconsistent with the policies of the city board.\\n 9. Furnish community boards and the city board periodically with the\\nresults of such examinations and evaluations and to make the same\\npublic.\\n 10. Require each community superintendent to make an annual report\\ncovering all matters relating to schools under the district's\\njurisdiction including, but not limited to, the evaluation of the\\neducational effectiveness of such schools and programs connected\\ntherewith.\\n 11. Require such community board or superintendent to make such number\\nof periodic reports as may be necessary to accomplish the purposes of\\nthis chapter.\\n 13. Perform the following functions throughout the city district;\\nprovided, however, that the chancellor and any community board may agree\\nthat any such function may be appropriately performed by the community\\nboard with respect to the schools and programs under its jurisdiction:\\n (a) Technical assistance to community districts and schools;\\n (b) Such warehouse space on a regional basis as he or she determines\\nto be necessary or appropriate after consultation with the community\\nsuperintendents;\\n (c) Purchasing services on a city-wide, regional or community district\\nbasis subject to subdivision thirty-six of this section;\\n (d) Reinforce and foster connections to institutions of higher\\neducation to promote student achievement.\\n 14. Develop and furnish pre-service and in-service training programs\\nfor principals and other employees throughout the city district. In\\naddition, the chancellor shall prepare and annually update a training\\nplan for participating parents, and school personnel, which shall\\ninclude, at minimum, such training as may be required for exercise of\\ntheir responsibilities, full participation and compliance with the\\nprovisions of this section. The chancellor shall, in addition, within\\namounts appropriated, allocate sufficient funds directly and to the\\nsuperintendents for teacher and principal training to meet identified\\nneeds for school improvement.\\n 15. Promote the involvement and appropriate input of all members of\\nthe school community pursuant to the provisions of this article,\\nincluding parents, teachers, and other school personnel, including:\\n (a) establishing a parents' association or a parent-teachers'\\nassociation in each school under the chancellor's jurisdiction; and\\nensuring that the districts do the same;\\n (b) pursuant to a plan prepared in consultation with associations of\\nparents, and representatives of teachers, supervisors, paraprofessionals\\nand other school personnel within the city district, and promulgated no\\nlater than January thirty-first, nineteen hundred ninety-eight, (i)\\ntaking all necessary steps to ensure that no later than October first,\\nnineteen hundred ninety-nine, the city district and the community\\ndistricts are in full compliance, and remain in compliance thereafter,\\nwith state and federal law and regulations concerning school-based\\nmanagement and shared decision-making, including section 100.11 of the\\ncommissioner's regulations, in a manner which balances participation by\\nparents with participation by school personnel in advising in the\\ndecisions devolved to schools pursuant to sections twenty five hundred\\nninety-i and twenty-five hundred ninety-r of this article, and (ii)\\npursuant to such plan providing for appropriate training to any parent\\nand school personnel who participate in the school-based management and\\nshared decision-making process; and\\n (c) developing, in consultation with associations of parents in the\\ncity district, and implementing no later than October first, nineteen\\nhundred ninety-eight, a parental bill of rights which provides for, at\\nminimum:\\n (i) reasonable access by parents, persons in parental relation and\\nguardians to schools, classrooms, and academic and attendance records of\\ntheir own children, consistent with federal and state laws, provided\\nthat such access does not disrupt or interfere with the regular school\\nprocess;\\n (ii) the rights of parents, persons in parental relation and guardians\\nto take legal action and appeal the decisions of the school\\nadministration, as authorized by law;\\n (iii) the right of parents, persons in parental relation and guardians\\nto have information on their own child's educational materials;\\n (iv) access to and information about all public meetings, hearings of\\nthe chancellor, the city board, the community superintendents, the\\ncommunity boards, and the schools; and\\n (v) access to information regarding programs that allow students to\\napply for admission where appropriate to schools outside a student's own\\nattendance zone.\\n The chancellor shall by rule or regulation provide for the involvement\\nincluding membership, in any parents' association or parent-teacher\\nassociation established pursuant to this subdivision, of a grandparent\\nwho is in parental relation to a child who attends a school within the\\njurisdiction of the community school district. For purposes of this\\nsubdivision, a grandparent shall be considered to be in parental\\nrelation to a child when such grandparent has assumed care of such child\\nbecause such child's parents are not available due to death,\\nimprisonment, mental illness, living outside the state, abandonment of\\nthe child, or other circumstances. A determination of whether a\\ngrandparent is in parental relation to a child shall be based upon the\\nindividual circumstances surrounding guardianship and custodial care of\\nsuch child.\\n 16. Promulgate such rules and regulations as he or she may determine\\nto be necessary or convenient to accomplish the purposes of this act,\\nnot inconsistent with the provisions of this article and the policies of\\nthe city board.\\n 17. Possess those powers and duties described in section twenty-five\\nhundred fifty-four of this chapter, the exercise of which shall be in a\\nmanner not inconsistent with the provisions of this article and the\\npolicies of the city board.\\n 18. Possess those powers and duties contained in section nine hundred\\ntwelve of this chapter and those provisions of article fifteen thereof\\nwhich relate to non-public schools, those powers and duties contained in\\nsection five hundred twenty-two of the New York city charter and those\\npowers and duties contained in article seventy-three of this chapter,\\nthe exercise of which shall be in a manner not inconsistent with the\\nprovisions of this article and the policies of the city board.\\n 19. Delegate any of his or her powers and duties to such subordinate\\nofficers or employees as he or she deems appropriate and to modify or\\nrescind any power and duty so delegated.\\n 20. Ensure compliance with qualifications established for all\\npersonnel employed in the city district, including the taking of\\nfingerprints as a prerequisite for licensure and/or employment of such\\npersonnel. Every set of fingerprints taken pursuant to this subdivision\\nshall be promptly submitted to the division of criminal justice services\\nwhere it shall be appropriately processed. Furthermore, the division of\\ncriminal justice services is authorized to submit the fingerprints to\\nthe federal bureau of investigation for a national criminal history\\nrecord check.\\n 21. Perform the functions of the bureau of audit throughout the city\\ndistrict, including ensuring compliance with subdivisions thirty-six and\\nthirty-seven of this section.\\n 22. Establish uniform procedures for record keeping, accounting and\\nreporting throughout the city district, including pupil record keeping,\\naccounting and reporting.\\n 23. Develop an educational facilities master plan, and revisions\\nthereto, as defined in section twenty-five hundred ninety-o of this\\narticle.\\n 24. Develop and implement a five-year educational facilities capital\\nplan, and amendments thereto, as defined in section twenty-five hundred\\nninety-p of this article. The chancellor shall also appoint a person,\\nwho reports directly to the chancellor or his or her designee, to assist\\nin the development and implementation of such plan and amendments\\nthereto and to oversee the school buildings program.\\n 25. On the chancellor's own initiative, or at the request of a\\ncommunity superintendent, transfer a principal employed by a community\\nschool district pursuant to an agreement with the employee organization\\nrepresenting such principals. The chancellor shall establish a procedure\\nfor consulting with affected parents to explain any such transfer.\\nConsistent with section twenty-five hundred ninety-i of this article,\\nincluding without limitation subdivision three thereof, and subdivision\\none thereof with respect to the rights and obligations of a school to\\nwhich a principal is transferred, in addition to any other law providing\\nfor the transfer of principals, the chancellor also may cause the\\ntransfer or removal of principals for persistent educational failure,\\nconflicts of interest, and ethics violations, and may require principals\\nto participate in training and other remedial programs to address\\nidentified factors affecting student achievement and school performance.\\n 26. Establish educational and experience qualifications and\\nrequirements for all custodial positions including, but not limited to,\\ncustodians and custodial engineers and develop standards for evaluating\\nthe performance of all such individuals, subject to approval of the city\\nboard. Such performance standards shall include, but not be limited to:\\nthe cleanliness of facilities; adequacy and timeliness of minor repairs;\\nmaintenance of good working order of facilities and grounds; general\\nfacilities improvement; and emergency services. The chancellor shall\\npromulgate regulations setting forth the respective responsibilities of\\nthe district plant manager, which shall include regular consultation and\\nongoing reports to the community superintendent, and the principal of\\neach school for evaluating the performance of the custodial employees\\nassigned to his or her school, in accordance with such performance\\nstandards, and such performance evaluations shall be given dominant\\nweight in any decision for the purposes of: advancement; continued\\nemployment; building transfers; and other performance incentives. The\\nresponsibility of the principal of each school in the evaluation of\\ncustodial employees may be a matter for collective bargaining with\\ncollective bargaining representatives for principals.\\n 27. Develop, in conjunction with each community superintendent, a plan\\nfor providing access to school facilities in each community school\\ndistrict, when not in use for school purposes, in accordance with the\\nprovisions of section four hundred fourteen of this chapter. Such plan\\nshall set forth a reasonable system of fees not to exceed the actual\\ncosts and specify that no part of any fee shall directly or indirectly\\nbenefit or be deposited into an account which inures to the benefit of\\nthe custodians or custodial engineers.\\n 28. Establish, subject to the approval of the city board, a\\npublicly-inclusive process for the recruitment, screening and selection\\nof district superintendent candidates.\\n 29. Promulgate regulations, subject to the approval of the city board,\\nestablishing educational, managerial, and administrative qualifications,\\nperformance record criteria, and performance standards for the positions\\nof superintendent and principal.\\n 30. Select a community superintendent from candidates recommended by\\ncommunity boards, based upon compliance with the procedures for\\nselection required by subdivision twenty-eight of this section, the\\nqualifications required by subdivision twenty-nine of this section, and\\nconsistent with a model contract developed by the chancellor.\\n 30-a. Remove a community superintendent who fails to comply with the\\nprovisions of subdivision two of section twenty-five hundred ninety-f of\\nthis article.\\n 31. Intervene in any district or school which is persistently failing\\nto achieve educational results and standards approved by the city board\\nor established by the state board of regents, or has failed to improve\\nits educational results and student achievement in accordance with such\\nstandards or state or city board requirements, or in any school or\\ndistrict in which there exists, in the chancellor's judgment, a state of\\nuncontrolled or unaddressed violence. The chancellor may, in addition to\\nexercising any other powers authorized by this article, require such\\nschool principal, or district as the case may be, to prepare a\\ncorrective action plan, with a timetable for implementation of steps\\nacceptable to the chancellor to reach improvement goals consistent with\\ncity board standards and educational results. The chancellor may require\\nthe school or district to alter or improve the corrective action plan,\\nor may directly modify the plan. The chancellor shall monitor\\nimplementation of the plan, and, if the school or district fails to\\nimplement it, may supersede any inconsistent decision of the school\\nprincipal, community board or community superintendent; assume joint or\\ndirect control of the operation of the school or district to implement\\nthe corrective action plan; or take any other action authorized by this\\narticle. Any action of the chancellor to supercede an inconsistent\\ndecision of the school principal, community board or community\\nsuperintendent, or to assume joint or direct control of the operation of\\nthe school or district pursuant to this subdivision may be appealed to\\nthe city board in accordance with section twenty-five hundred ninety-g\\nof this article.\\n 32. Appoint a deputy, for each borough of the city of New York,\\nresponsible for coordinating and periodically meeting and consulting\\nwith the borough president, the chancellor and the community\\nsuperintendents in the borough on borough-specific issues and issues of\\nborough-wide significance, including the provision of services in\\nsupport of schools and community districts such as transportation,\\npurchasing, capital planning, and coordination with municipal services,\\nand chancellor and city board policy with respect to the high schools.\\n 33. Require community school board members to participate in training\\nand retraining in order to promote district and school performance and\\nstudent achievement, as a continuing condition for membership.\\n 35. Take all necessary steps to promote the effectiveness and\\nintegrity of school-based budgeting pursuant to section twenty-five\\nhundred ninety-r of this article, including the obligations imposed by\\nsubdivision thirty-seven of this section.\\n 36. Develop in consultation with the city board, a procurement policy\\nfor the city school district of the city of New York, and the districts\\nand public schools therein. Such policy shall ensure the wise and\\nprudent use of public money in the best interest of the taxpayers of the\\nstate; guard against favoritism, improvidence, extravagance, fraud and\\ncorruption; and ensure that contracts are awarded consistent with law\\nand on the basis of best value, including, but not limited to, the\\nfollowing criteria: quality, cost and efficiency. Such policy shall also\\ninclude: (a) standards for quality, function and utility of all material\\ngoods, supplies and services purchased by the chancellor,\\nsuperintendents or schools; (b) regulations for the purchase of material\\ngoods, supplies and services by the chancellor, the superintendents and\\nthe schools, including clearly articulated procedures which require a\\nclear statement of product specifications, requirements or work to be\\nperformed, a documentable process of soliciting bids, proposals or other\\noffers, and a balanced and fair method, established in advance of\\nreceipt of offers, for evaluating offers and awarding contracts; (c)\\nregulations which enable superintendents and schools to purchase\\nmaterial goods, supplies and services directly from vendors or suppliers\\nwhen such products are available at prices or other terms more\\neconomically beneficial for the purposes of the acquiring superintendent\\nor school; and (d) regulations shall include repair services and\\nbuilding supplies, as defined in such regulations, for expenditures from\\neach district's minor repair and purchasing funds pursuant to section\\ntwenty-five hundred ninety-r of this article.\\n 37. Establish, subject to the approval of the city board, guidelines\\nand a system of internal controls, including internal administrative\\ncontrols and internal accounting controls, with provisions for internal\\naudits, as such terms are defined in section nine hundred fifty of the\\nexecutive law. Such system shall also include a system of internal\\ncontrol review designed to identify weaknesses and identify actions to\\nrectify them; a clear and concise statement of the generally applicable\\nmanagement policies and standards made available to each officer and\\nemployee relevant to fiscal and expenditure control, in addition to\\neducation and training efforts to ensure adequate understanding of\\ninternal control standards and evaluation techniques; and the\\ndesignation of an internal control officer for each community district,\\neach of whom shall report to the chancellor and the auditor general, to\\nexecute a regular internal audit function which shall operate in\\naccordance with generally accepted governmental auditing standards. The\\ninternal auditors for the community districts shall operate in\\ncooperation with the auditor general, appointed by the chancellor\\nsubject to the approval of the city board, who shall, in addition to the\\nfunctions of the internal auditors, monitor and conduct random audits of\\nschool districts at least once every two years for fraud, waste and\\nmismanagement. Notwithstanding any provision of state law or state, city\\nor city board regulation, the internal auditors, and the auditor\\ngeneral, shall be entitled, upon their request, to all and any documents\\nand materials bearing in their judgment on the finances and\\ncost-effectiveness of the schools and the school districts that is in\\nthe possession of the community districts, the schools, or any officer\\nthereof.\\n 38. to exercise all of the duties and responsibilities of the\\nemploying board as set forth in section three thousand twenty-a of this\\nchapter with respect to any member of the teaching or supervisory staff\\nof schools under the jurisdiction of the community boards. The\\nchancellor shall exercise all such duties and responsibilities for all\\ncommunity districts or may delegate the exercise of all such duties and\\nresponsibilities to all of the community superintendents of the city\\ndistrict.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-I", "title" : "Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-I", "activeDate" : "2014-09-22", "sequenceNo" : 985, "repealedDate" : null, "fromSection" : "2590-I", "toSection" : "2590-I", "text" : " * § 2590-i. Powers and duties of schools; principals; provisions for\\nthe transfer of jurisdiction of high schools. 1. The principal shall be\\nthe administrative and instructional leader of the school. Subject to\\nthe regulations of the chancellor and applicable collective bargaining\\nagreements and obligations, the principal shall be responsible for the\\nday to day operation of the school and shall carry out these duties in\\nconsultation with parents, teachers and other staff, and the school\\nbased management team pursuant to section twenty-five hundred ninety-h\\nof this article including:\\n (a) promote an equal educational opportunity for students in the\\nschool,\\n (b) subject to school-based budgeting pursuant to section twenty-five\\nhundred ninety-r of this article,\\n (c) subject to collective bargaining obligations and agreements, the\\nbudget applicable to the school, and the other provisions of this\\narticle including section twenty-five hundred ninety-j of this article,\\nto make recommendation on staff selection, including through the\\nestablishment of appropriate objective criteria consistent with\\nchancellor's regulations for filling vacancies based upon the school's\\ninstructional and facility needs,\\n (d) subject to the standards and assessments promulgated by the\\nchancellor, to develop school-based curricula and syllabi for\\ninstruction, and to address other matters relating to the instruction of\\nstudents, including the selection of texts from lists approved by the\\nchancellor and instructional materials, consistent with regulations of\\nthe commissioner, and subject to the approval of the superintendent, or\\nchancellor in the case of schools under the jurisdiction of the city\\nboard,\\n (e) subject to the approval of the superintendent, or, where\\nappropriate, the chancellor and within the limits of funds made\\navailable therefor, to enhance teacher and staff development relevant to\\nincreasing student achievement, support extended day programs, school\\nreform programs, and pupil-support services,\\n (f) enhance pupil support services by coordinating related programs,\\n (g) to make or arrange for minor repairs as delegated by the\\nchancellor or superintendent pursuant to regulations of the chancellor,\\nor as otherwise authorized by law subject to subdivisions thirty-six and\\nthirty-seven of section twenty-five hundred ninety-h of this article,\\n (h) subject to subdivisions thirty-six and thirty-seven of section\\ntwenty-five hundred ninety-h of this article, identifying and purchasing\\nequipment and supplies that can be purchased for less than if purchased\\nthrough purchasing arrangements entered into through the city board, the\\nchancellor or the superintendent,\\n (i) to manage and operate the school building and other facilities\\nunder its jurisdiction.\\n 2. (a) The principal may be removed or transferred by the\\nsuperintendent or the chancellor for persistent educational failure of\\nthe school or other cause. Removals may be caused pursuant to section\\nthree thousand twenty-a of this chapter if applicable. Transfers may be\\ncaused pursuant to subdivision twenty-five of section twenty-five\\nhundred ninety-h of this article. Any such removal or transfer may be\\nappealed to the city board, during which time the superintendent may\\nappoint an acting principal subject to the approval of the chancellor.\\nProvided however that such appointee must meet qualifications pursuant\\nto paragraph (c) of this subdivision. Persistent educational failure of\\nthe school shall be defined in regulations of the chancellor to include\\na pattern of poor or declining achievement; a pattern of poor or\\ndeclining attendance; disruption or violence; and continuing failure to\\nmeet chancellor's performance standards or other standards.\\n (b) The principal may be required by the chancellor or the\\nsuperintendent to participate in training or other forms of staff\\ndevelopment or to address identified areas of educational need and\\npromote student achievement and school performance.\\n (c) Principals shall be selected consistent with regulations of the\\nchancellor establishing a process that promotes parental and staff\\ninvolvement in the recruitment, screening, interviewing and\\nrecommendation of candidates. Candidates must meet the requirements of\\nregulations of the chancellor establishing educational, managerial, and\\nadministrative qualifications, including evaluation of each candidate's\\nrecord of performance in comparable positions. In the case of schools\\nunder the jurisdiction of the community districts, a candidate approved\\nby a community superintendent pursuant to paragraph (e) of subdivision\\none of section twenty-five hundred ninety-f of this article may\\nnonetheless, before assuming the position, be rejected by the chancellor\\nfor cause. In the case of schools not under the jurisdiction of the\\ncommunity districts, the chancellor shall additionally consult with\\nmembers of the school based management team prior to appointing a\\nprincipal candidate to any such school.\\n 3. Provisions for transfer of jurisdiction of high schools. Pursuant\\nto regulations of the chancellor approved by the city board, any high\\nschool, other than a special senior academic or vocational high school\\nof city-wide competitive admission, may be transferred from the\\njurisdiction of the city board to the jurisdiction of the community\\ndistrict in which it is located, or from such community district to the\\ncity board, upon the consent of the chancellor and the community\\nsuperintendent. In such event, the chancellor and the superintendent\\nshall promptly take all necessary steps to effectuate the transfer.\\n * NB Effective until June 30, 2015\\n * § 2590-i. Powers and duties of schools; principals; provisions for\\nthe transfer of jurisdiction of high schools. 1. The principal shall be\\nthe administrative and instructional leader of the school. Subject to\\nthe regulations of the chancellor and applicable collective bargaining\\nagreements and obligations, the principal shall be responsible for the\\nday to day operation of the school and shall carry out these duties in\\nconsultation with parents, teachers and other staff pursuant to section\\ntwenty-five hundred ninety-h of this article including:\\n (a) promote an equal educational opportunity for students in the\\nschool,\\n (b) subject to school-based budgeting pursuant to section twenty-five\\nhundred ninety-r of this article,\\n (c) subject to collective bargaining obligations and agreements, the\\nbudget applicable to the school, and the other provisions of this\\narticle including section twenty-five hundred ninety-j of this article,\\nto make recommendation on staff selection, including through the\\nestablishment of appropriate objective criteria consistent with\\nchancellor's regulations for filling vacancies based upon the school's\\ninstructional and facility needs,\\n (d) subject to the standards and assessments promulgated by the\\nchancellor, to develop school-based curricula and syllabi for\\ninstruction, and to address other matters relating to the instruction of\\nstudents, including the selection of texts from lists approved by the\\nchancellor and instructional materials, consistent with regulations of\\nthe commissioner, and subject to the approval of the superintendent, or\\nchancellor in the case of schools under the jurisdiction of the city\\nboard,\\n (e) subject to the approval of the superintendent, or, where\\nappropriate, the chancellor and within the limits of funds made\\navailable therefor, to enhance teacher and staff development relevant to\\nincreasing student achievement, support extended day programs, school\\nreform programs, and pupil-support services,\\n (f) enhance pupil support services by coordinating related programs,\\n (g) to make or arrange for minor repairs as delegated by the\\nchancellor or superintendent pursuant to regulations of the chancellor,\\nor as otherwise authorized by law subject to subdivisions thirty-six and\\nthirty-seven of section twenty-five hundred ninety-h of this article,\\n (h) subject to subdivisions thirty-six and thirty-seven of section\\ntwenty-five hundred nine-h of this article, identifying and purchasing\\nequipment and supplies that can be purchased for less than if purchased\\nthrough purchasing arrangements entered into through the city board, the\\nchancellor or the superintendent,\\n (i) to manage and operate the school building and other facilities\\nunder its jurisdiction.\\n 2. (a) The principal may be removed or transferred by the\\nsuperintendent or the chancellor for persistent educational failure of\\nthe school or other cause. Removals may be caused pursuant to section\\nthree thousand twenty-a of this chapter if applicable. Transfers may be\\ncaused pursuant to subdivision twenty-five of section twenty-five\\nhundred ninety-h of this article. Any such removal or transfer may be\\nappealed to the city board, during which time the superintendent may\\nappoint an acting principal subject to the approval of the chancellor.\\nProvided however that such appointee must meet qualifications pursuant\\nto paragraph (d) of this subdivision. Persistent educational failure of\\nthe school shall be defined in regulations of the chancellor to include\\na pattern of poor or declining achievement; a pattern of poor or\\ndeclining attendance; disruption or violence; and continuing failure to\\nmeet chancellor's performance standards or other standards.\\n (b) The principal may be required by the chancellor or the\\nsuperintendent to participate in training or other forms of staff\\ndevelopment or to address identified areas of educational need and\\npromote student achievement and school performance.\\n (c) Principals shall be selected consistent with regulations of the\\nchancellor establishing a process that promotes parental and staff\\ninvolvement in the recruitment, screening, interviewing and\\nrecommendation of candidates. Candidates must meet the requirements of\\nregulations of the chancellor and the city board establishing\\neducational, managerial, and administrative qualifications, including\\nevaluation of each candidate's record of performance in comparable\\npositions. In the case of schools under the jurisdiction of the\\ncommunity districts, a candidate approved by a community superintendent\\nmay nonetheless, before assuming the position, be rejected by the\\nchancellor for cause.\\n 3. Provisions for transfer of jurisdiction of high schools. Pursuant\\nto regulations of the chancellor approved by the city board, any high\\nschool, other than a special senior academic or vocational high school\\nof city-wide competitive admission, may be transferred from the\\njurisdiction of the city board to the jurisdiction of the community\\ndistrict in which it is located, or from such community district to the\\ncity board, upon the consent of the chancellor and the community\\nsuperintendent. In such event, the chancellor and the superintendent\\nshall promptly take all necessary steps to effectuate the transfer.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-J", "title" : "Appointment and removal of persons in the teaching and supervisory service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2590-J", "activeDate" : "2014-09-22", "sequenceNo" : 986, "repealedDate" : null, "fromSection" : "2590-J", "toSection" : "2590-J", "text" : " § 2590-j. Appointment and removal of persons in the teaching and\\nsupervisory service. 1. Persons in the teaching and supervisory service\\nin all schools in the city system shall be appointed as prescribed by\\nthis section.\\n 2. The chancellor shall promulgate minimum education and experience\\nrequirements for all teaching and supervisory service positions which\\nshall not be less than minimum state requirements for certification, and\\nwith the approval of the city board shall create and abolish the titles\\nof all positions in the teaching and supervisory service.\\n 4. (a) The chancellor shall appoint and assign teachers for all\\nschools and programs under the jurisdiction of the city board from\\neligible lists of prospective appointees selected by random selection\\nfrom qualifying eligible lists.\\n (b) The chancellor shall appoint and assign all supervisory personnel\\nfor all schools and programs under the jurisdiction of the city board\\nfrom persons on qualifying eligible lists.\\n (c) Consistent with the provisions of sections twenty-five hundred\\nninety-f, twenty-five hundred ninety-h and twenty-five hundred ninety-i\\nof this article, the district superintendent shall appoint teachers for\\nall schools and programs under the community district's jurisdiction who\\nare assigned to the district by the chancellor from eligible lists of\\nprospective appointees selected by random selection from qualifying\\neligible lists. Insofar as practicable the chancellor, when making such\\nassignments shall give effect to the requests for assignment of specific\\npersons by the community superintendent. The community superintendent\\nshall appoint such teachers to schools within such district within\\nthirty days if such appointment is to be effective on a date subsequent\\nthereto and within three days if such appointment is to be effective\\nimmediately.\\n (d) Each community superintendent shall appoint and assign all\\nsupervisory personnel for all schools and programs under his or her\\njurisdiction from persons on qualifying eligible lists except for those\\npersonnel appointed pursuant to paragraph (d) of subdivision one of\\nsection twenty-five hundred ninety-f of this article.\\n (e) No person who is related within the third degree of consanguinity\\nor affinity to the chancellor or to any member of the city board or to\\nany community superintendent or to any member of a community board shall\\ncommence employment with the city or community district of which such\\nrelative is a member, chancellor or superintendent, except upon the\\nconsent of two-thirds of the members of the city board or such community\\nboard, as the case may be, to be determined at a public meeting of the\\ncity board or such community board.\\n 5. (a) The chancellor shall cause a comprehensive reading examination\\nto be administered to all pupils in all schools under the jurisdiction\\nof the community districts annually. Prior to October first of every\\nyear each school shall be ranked in order of the percentage of pupils\\nreading at or above grade level as determined by such examination, in\\naccordance with rules to be promulgated by the chancellor.\\n (b) If the ranking of a school under the jurisdiction of a community\\ndistrict falls in the lower forty-five percent of the ranking of all\\nsuch schools, as provided in paragraph (a) of this subdivision, the\\ncommunity superintendent of such school (hereinafter called an eligible\\nschool) may appoint teachers to such school in conformity with this\\nsubdivision, any other provision of this section or chapter\\nnotwithstanding, provided, that in the first year during which this\\nparagraph is operative, only a school in the lower forty percent shall\\nbe an eligible school.\\n (c) The community superintendent of each eligible school may between\\nOctober first in the year in which the foregoing examination was\\nadministered and the following May first, appoint any person a teacher\\nin such school for the school year commencing in September of the year\\nfollowing such examination without regard to any competitive eligibility\\nlists or open qualifying lists established pursuant to this section,\\nprovided that such person, will on the effective date of such\\nappointment, have the education and experience qualifications for\\ncertification as a teacher pursuant to article sixty-one of this chapter\\nand shall:\\n (i) be on a qualifying eligible list or be on an existing competitive\\neligible list for such position; or\\n (ii) have passed a test or tests acceptable to the commissioner at a\\npass mark established by the commissioner. This paragraph shall not\\nrestrict the right of the chancellor to establish appropriate medical\\nrequirements for all teachers. The chancellor shall cause such test or\\ntests to be offered at reasonable intervals at one or more cities in the\\ncommonwealth of Puerto Rico.\\n (d) Such community superintendent may waive his or her rights under\\nparagraph (c) of this subdivision and elect to appoint teachers under\\nparagraph (c) of subdivision four of this section.\\n (e) All teachers appointed under paragraph (c) of this subdivision\\nshall for all purposes, have the same status, rights and duties as\\nteachers appointed under paragraph (c) of subdivision four of this\\nsection.\\n 6. If a vacancy exists for a teaching position in any community\\ndistrict for which there are no names on any appropriate eligible list\\nin force, the community superintendent of such district may appoint and\\nassign any person to fill such position who complies with paragraph (c)\\nof subdivision five of this section.\\n 6-a. (a) Notwithstanding any other provision of law, any person who\\nhas served continuously as a substitute teacher in the schools of the\\ncity system since the fourteenth day of September, nineteen hundred\\nseventy shall be appointed to probationary service in the school he is\\nserving in as of June first, nineteen hundred seventy-two effective\\nSeptember sixth, nineteen hundred seventy-two provided a vacancy exists\\nin the school for the school year commencing September nineteen hundred\\nseventy-two and provided his name appears on an appropriate eligible\\nlist in existence on June first, nineteen hundred seventy-two without\\nregard to his relative standing on such list, and thereafter he shall be\\nsubject to all the existing provisions of law and negotiated agreements\\nin the same manner as any other appointee.\\n (b) Notwithstanding any other provision of law, persons awaiting\\nappointment from eligible lists shall be assigned and appointed in\\nranked order by the city board on September sixth, nineteen hundred\\nseventy-two to those vacancies which were in existence on June first,\\nnineteen hundred seventy-two and continued to be in existence on\\nSeptember sixth, nineteen hundred seventy-two.\\n 7. (a) No member of the teaching or supervisory staff of schools who\\nhas served the full and appropriate probationary period prescribed by,\\nor in accordance with law, shall be found guilty of any charges except\\nafter a hearing as provided by section three thousand twenty-a of this\\nchapter.\\n (b) Charges may be initiated by the community superintendent against\\nany such employee for any of the following offenses:\\n (1) Unauthorized absence from duty or excessive lateness;\\n (2) Neglect of duty;\\n (3) Conduct unbecoming his position, or conduct prejudicial to the\\ngood order, efficiency or discipline of the service;\\n (4) Incompetent or inefficient service;\\n (5) A violation of the by-laws, rules or regulations of the city\\nboard, chancellor, or the community board; or\\n (6) Any substantial cause that renders the employee unfit to perform\\nhis obligations properly to the service.\\n (c) The community superintendent, in advance of the filing of charges\\nand specifications, shall inform the employee accused and the community\\nboard of the nature of the complaint. No charge shall be brought outside\\nthe statute of limitation period provided for in section three thousand\\ntwenty-a of this chapter.\\n (d) Upon the service of a copy of the charges upon such employee, the\\ncommunity superintendent may recommend to the chancellor the suspension\\nof any such employee. If the chancellor shall determine that the nature\\nof the charge requires the immediate removal of the employee from his\\nassigned duties, he may suspend such employee for a period not exceeding\\nninety days pending hearing and determination of charges, provided\\nhowever, that such employee shall be entitled to receive full\\ncompensation during the period of suspension. In case the employee is\\nacquitted, he shall be restored to his position.\\n 8. The community superintendent may transfer members of the teaching\\nand supervisory service without their consent within the district for\\nthe following reasons only:\\n (a) Disciplinary action pursuant to subdivision seven of this section,\\n (b) Excess staff in a specific school,\\n (c) To staff a new school, or\\n (d) To fill a vacancy in another school within the district; provided,\\nhowever, (i) that such transfers shall be made in inverse order of\\nseniority in the school from which made, (ii) that the school to which\\nthe person is transferred has a higher number of vacant positions\\nsubsequent to such transfer than the school from which transferred,\\n(iii) that there is no appropriate eligible list for such position, (iv)\\nthat no other qualified person within the district makes application to\\nfill such position, and (v) such vacancy has existed for at least two\\nweeks.\\n In exercising the power granted in paragraphs (b) and (c), hereof the\\ncommunity superintendent shall comply with all collective negotiation\\nagreements.\\n 8-a. Notwithstanding the provisions of subdivision eight of this\\nsection, a community superintendent shall request the chancellor to\\ntransfer a principal pursuant to subdivision twenty-five of section\\ntwenty-five hundred ninety-h of this article, or to remove or otherwise\\ndiscipline the principal pursuant to section three thousand twenty-a of\\nthis chapter, or to require the principal to participate in training and\\nstaff development, or to take other actions to promote student\\nachievement and school performance, where appropriate, consistent with\\nthe obligations of the superintendent pursuant to section twenty-five\\nhundred ninety-f and the provisions of section twenty-five hundred\\nninety-i of this article.\\n 9. (a) Notwithstanding any other provision of law, appointments of\\npersons to vacancies in teaching positions in the city system shall be\\nmade in the following order:\\n (1) Persons who have been displaced from other positions and persons\\non preferred lists, in accordance with the provisions of section\\ntwenty-five hundred eighty-eight of this chapter.\\n (2) Persons on eligible lists who were employed in the city school\\ndistrict who have served satisfactorily for two terms as a regular\\nappointee or as a regular substitute or as a per diem certificate holder\\nin any license area or four terms as a paraprofessional or school aide\\nprovided that such service was not rendered more than five years prior\\nto the date of promulgation of the qualifying eligible list on which\\ntheir names appear.\\n (3) All other persons, as otherwise provided in this chapter.\\n (4) Nothing contained in subparagraphs two or three of this\\nsubdivision shall be construed to prevent a community superintendent of\\nan eligible school as defined in subdivision five of this section from\\nelecting to appoint persons in the manner authorized in said\\nsubdivision.\\n (b) Subject to the provisions of subdivision two of section\\ntwenty-five hundred ninety-i of this article with respect to principals,\\nappointments pursuant to subparagraph two of paragraph (a) of this\\nsubdivision shall be made in the manner prescribed in subdivision ten of\\nsection twenty-five hundred seventy-three of this chapter and in\\nsubdivision four of this section as if the persons covered by such\\nsubparagraphs constituted the entire list.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-K", "title" : "Contracts with city university of New York for administration of high schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2590-K", "activeDate" : "2014-09-22", "sequenceNo" : 987, "repealedDate" : null, "fromSection" : "2590-K", "toSection" : "2590-K", "text" : " § 2590-k. Contracts with city university of New York for\\nadministration of high schools. 1. The city board and the city\\nuniversity of New York are hereby authorized and empowered to enter into\\na contract or contracts whereby such university will administer not more\\nthan five high schools under the jurisdiction of the city board selected\\nfrom among those schools which exhibit the greatest degree of\\ndisadvantage as measured by such factors as the proportion of students\\nearning general diplomas, the percentage of students reading below grade\\nlevel, the attrition rate, the proportion of students residing in\\nofficially designated poverty areas, and similar measures.\\n 2. Such contract may provide for the delegation by the city board of\\nany of its functions, powers, and duties or of a community board, or\\nthose of the chancellor or a community superintendent, in connection\\nwith the operation of such high schools, to the city university of New\\nYork, except the power to appoint or terminate the employment of any\\nemployee. The terms and conditions of employment shall continue to\\nremain under the jurisdiction of the city board.\\n 3. The provisions of section sixty-two hundred nine of this chapter\\nwith respect to the apportionment of public school moneys shall be\\napplicable to the high schools included in any such contract or\\ncontracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-L", "title" : "Enforcement of applicable law, regulations and directives; establishment of appeal board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2023-12-29", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-L", "activeDate" : "2014-09-22", "sequenceNo" : 988, "repealedDate" : null, "fromSection" : "2590-L", "toSection" : "2590-L", "text" : " § 2590-l. Enforcement of applicable law, regulations and directives;\\nestablishment of appeal board. * 1. (a) If, in the judgment of the\\nchancellor any community district education council and/or\\nsuperintendent fails to comply with any applicable provisions of law,\\nby-laws, rules or regulations, standards, directives and agreements, he\\nor she may, in addition to or as an alternative to any other remedies\\nauthorized by this article, including subdivision thirty-one of section\\ntwenty-five hundred ninety-h of this article, issue an order requiring\\nthe community district education council and/or superintendent to cease\\nits improper conduct or to take required action and consistent with the\\nprovisions of this article and the educational and operational policies\\nof the city board, may enforce that order by the use of appropriate\\nmeans, including:\\n (i) supersession of the community district education council and/or\\nsuperintendent by the chancellor or one or more trustees appointed by\\nhim who may be, notwithstanding any other provision of law, employees of\\nthe city board with respect to those powers and duties or decisions of\\nsuch community district education council and/or superintendent deemed\\nnecessary to ensure compliance with the order; and\\n (ii) suspension or removal of the community district education council\\nand/or superintendent or any member or members thereof.\\n (b) Prior to the enforcement of any order authorized under this\\nsection, the chancellor shall provide an opportunity for conciliation,\\nexcept that the chancellor without conciliation may suspend or remove\\none or more members of a community district education council or a\\ncommunity superintendent where the conduct (i) is criminal in nature;\\n(ii) poses an immediate danger to the safety or welfare of students or\\nany school staff or employee, or (iii) in the judgment of the\\nchancellor, is contrary to the best interest of the city school\\ndistrict.\\n * NB Effective until June 30, 2015\\n * 1. (a) If, in the judgment of the chancellor any community board\\nand/or superintendent fails to comply with any applicable provisions of\\nlaw, by-laws, rules or regulations, standards, directives and\\nagreements, he or she may, in addition to or as an alternative to any\\nother remedies authorized by this article, including subdivision\\nthirty-one of section twenty-five hundred ninety-h of this article,\\nissue an order requiring the community board and/or superintendent to\\ncease its improper conduct or to take required action and consistent\\nwith the provisions of this article and the educational and operational\\npolicies of the city board, may enforce that order by the use of\\nappropriate means, including:\\n (i) supersession of the community board and/or superintendent by the\\nchancellor or one or more trustees appointed by him who may be,\\nnotwithstanding any other provision of law, employees of the city board\\nwith respect to those powers and duties or decisions of such community\\nboard and/or superintendent deemed necessary to ensure compliance with\\nthe order; and\\n (ii) suspension or removal of the community board and/or\\nsuperintendent or any member or members thereof.\\n (b) Prior to the enforcement of any order authorized under this\\nsection, the chancellor shall provide an opportunity for conciliation,\\nexcept that the chancellor without conciliation may suspend or remove\\none or more members of a community board or a community superintendent\\nwhere the conduct (i) is criminal in nature; (ii) poses an immediate\\ndanger to the safety or welfare of students or any school staff or\\nemployee, or (iii) in the judgment of the chancellor, is contrary to the\\nbest interest of the city school district.\\n * NB Effective June 30, 2015\\n 2. The community board or any suspended or removed member and/or\\nsuperintendent thereof may, within fifteen days after issuance of such\\norder, file an appeal with the city board acting as an appeal board\\npursuant to subdivision ten of section twenty-five hundred ninety-g of\\nthis article.\\n * 2-a. A member of a community district education council may be\\nremoved upon a finding that the member willfully, intentionally or\\nknowingly interfered with or was involved in the hiring, appointment or\\nassignment of employees other than as specifically authorized in this\\narticle. Such a finding, unless judicially overturned pursuant to\\narticle seventy-eight of the civil practice law and rules, shall\\npermanently disqualify that member from employment, contracting or\\nmembership with or on any community district education council or the\\ncity board or any employment or contractual relationship, direct or\\nindirect, with the city district, any community district, or any public\\nschool in such districts.\\n * NB Effective until June 30, 2015\\n * 2-a. A member of a community school district board may be removed\\nupon a finding that the member willfully, intentionally or knowingly\\ninterfered with or was involved in the hiring, appointment or assignment\\nof employees other than as specifically authorized in this article. Such\\na finding, unless judicially overturned pursuant to article\\nseventy-eight of the civil practice law and rules, shall permanently\\ndisqualify that member from employment, contracting or membership with\\nor on any community board or the city board or any employment or\\ncontractual relationship, direct or indirect, with the city district,\\nany community district, or any public school in such districts.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-M", "title" : "Custody and disbursement of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-M", "activeDate" : "2014-09-22", "sequenceNo" : 989, "repealedDate" : null, "fromSection" : "2590-M", "toSection" : "2590-M", "text" : " § 2590-m. Custody and disbursement of funds. * 1. Public moneys\\napportioned to the city district by the state and all funds raised or\\ncollected by the authorities of such city for school purposes or to be\\nused by the city board or by any community board for any purpose\\nauthorized by this chapter, or any other funds belonging to the city\\ndistrict or a community district and received from any source whatsoever\\nfor school purposes, shall be paid into the city treasury and shall be\\ncredited to the city board or to the respective community councils.\\n * NB Effective until June 30, 2015\\n * 1. Public moneys apportioned to the city district by the state and\\nall funds raised or collected by the authorities of such city for school\\npurposes or to be used by the city board or by any community board for\\nany purpose authorized by this chapter, or any other funds belonging to\\nthe city district or a community district and received from any source\\nwhatsoever for school purposes, shall be paid into the city treasury and\\nshall be credited to the city board or to the respective community\\nboards.\\n * NB Effective June 30, 2015\\n 2. The fund so received into such treasury shall be kept separate and\\ndistinct from any other funds received therein. The officer having\\ncharge thereof shall give such additional security for the safe custody\\nthereof as the corporate authorities of the city of New York shall\\nrequire.\\n * 3. a. Funds credited to the city board shall be disbursed upon\\nwritten orders of the director of finance of the city signed by the\\nchancellor or such other officer or officers as the city board\\nauthorize. Funds credited to a community council shall be disbursed upon\\nwritten orders of the director of finance of the city signed by the\\ncommunity superintendent and such other officer or officers as such\\nboard may authorize.\\n b. If an auditor shall have been appointed by the chancellor or any\\ncommunity district education council, such orders shall be signed by\\nsuch auditor; provided, however, that the chancellor and any such\\ndistrict education council may in addition require the signature of such\\nother officer or officers as the chancellor may direct or as such\\ndistrict education council may by resolution direct.\\n c. Orders issued under this subdivision shall specify the purpose for\\nwhich they are drawn and the person to whom they are payable.\\n * NB Effective until June 30, 2015\\n * 3. a. Funds credited to the city board shall be disbursed upon\\nwritten orders of the director of finance of the city signed by the\\nchancellor or such other officer or officers as the city board\\nauthorize. Funds credited to a community board shall be disbursed upon\\nwritten orders of the director of finance of the city signed by the\\ncommunity superintendent and such other officer or officers as such\\nboard may authorize.\\n b. If an auditor shall have been appointed by the city board or any\\ncommunity board, such orders shall be signed by such auditor; provided,\\nhowever, that the city board and any such board may in addition require\\nthe signature of such other officer or officers as it may by resolution\\ndirect.\\n c. Orders issued under this subdivision shall specify the purpose for\\nwhich they are drawn and the person to whom they are payable.\\n * NB Effective June 30, 2015\\n * 4. a. It shall be unlawful for the director of finance of the city\\nto permit any funds placed in his custody under the provisions of this\\nsection to be used for any purpose other than that for which they are\\nlawfully authorized.\\n b. Such funds shall be paid out only on audit of the city board\\nthrough the chancellor or the community council to which such funds are\\ncredited, except as otherwise provided in subdivision five of this\\nsection.\\n c. Payments from such funds shall be made only by checks signed by the\\ndirector of finance of the city and payable to the person entitled\\nthereto and countersigned by the comptroller of the city of New York.\\n * NB Effective until June 30, 2015\\n * 4. a. It shall be unlawful for the director of finance of the city\\nto permit any funds placed in his custody under the provisions of this\\nsection to be used for any purpose other than that for which they are\\nlawfully authorized.\\n b. Such funds shall be paid out only on audit of the city board\\nthrough the chancellor or the community board to which such funds are\\ncredited, except as otherwise provided in subdivision five of this\\nsection.\\n c. Payments from such funds shall be made only by checks signed by the\\ndirector of finance of the city and payable to the person entitled\\nthereto and countersigned by the comptroller of the city of New York.\\n * NB Effective June 30, 2015\\n * 5. Fixed salaries, principal of and interest on indebtedness and\\namounts becoming due upon lawful contracts for periods exceeding one\\nyear may be disbursed without prior audit by the city board or the\\ncouncil to which such funds are credited.\\n * NB Effective until June 30, 2015\\n * 5. Fixed salaries, principal of and interest on indebtedness and\\namounts becoming due upon lawful contracts for periods exceeding one\\nyear may be disbursed without prior audit by the city board or the board\\nto which such funds are credited.\\n * NB Effective June 30, 2015\\n * 6. The chancellor, city board and each district education council\\nreferred to in this section shall make, in addition to such\\nclassification of its funds as it desires for its own use and\\ninformation, such further classification of the funds credited to it and\\nof the disbursement thereof as the comptroller of the city of New York\\nshall require; provided that the classification of funds by community\\ncouncils shall be in accordance with the altered schedules developed\\npursuant to subdivision eight of section twenty-five hundred ninety-i of\\nthis article. The chancellor, city board and community district\\neducation councils shall furnish such data in relation to such funds and\\ntheir disbursements as the comptroller of the city of New York shall\\nrequire.\\n * NB Effective until June 30, 2015\\n * 6. The city board and each board referred to in this section shall\\nmake, in addition to such classification of its funds as it desires for\\nits own use and information, such further classification of the funds\\ncredited to it and of the disbursement thereof as the comptroller of the\\ncity of New York shall require; provided that the classification of\\nfunds by community boards shall be in accordance with the altered\\nschedules developed pursuant to subdivision eight of section twenty-five\\nhundred ninety-i of this article. The city board and community boards\\nshall furnish such data in relation to such funds and their\\ndisbursements as the comptroller of the city of New York shall require.\\n * NB Effective June 30, 2015\\n 7. The comptroller of the city of New York shall audit the accounts of\\nthe city board and each community district, and, subject to laws\\nsafeguarding the disclosure of individual information, make public the\\nresults of such audits, at least once every four years; provided that\\nthis section shall not limit the obligations of the school districts\\npursuant to section twenty-one hundred sixteen-a of this chapter. The\\ncomptroller of the city of New York shall be entitled to the cooperation\\nof the commissioner of finance of the city of New York, the chief fiscal\\ninvestigations officer and the internal auditors appointed pursuant to\\nsubdivision thirty-seven of section twenty-five hundred ninety-h of this\\narticle.\\n * 8. Notwithstanding any provision of law to the contrary, the powers\\nand duties conferred on a community district education council by this\\nsection shall be exercised exclusively by the community superintendent\\nemployed by such council.\\n * NB Effective until June 30, 2015\\n * 8. Notwithstanding any provision of law to the contrary, the powers\\nand duties conferred on a community school board by this section shall\\nbe exercised exclusively by the community superintendent employed by\\nsuch board.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-N", "title" : "Conflicts of interest", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2019-05-03", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-N", "activeDate" : "2014-09-22", "sequenceNo" : 990, "repealedDate" : null, "fromSection" : "2590-N", "toSection" : "2590-N", "text" : " § 2590-n. Conflicts of interest. * 1. It shall be unlawful for any\\ncommunity board member, community superintendent, or any such other\\nofficer or employee in schools and programs under the jurisdiction of\\nthe community board as the chancellor by regulation shall specify, to be\\ndirectly or indirectly interested in the furnishing of any supplies or\\nmaterials, or in the doing of any work or labor, or in the sale or\\nleasing of any real estate, or in any proposal, agreement, or contract\\nfor any of these purposes, in any case in which the price or\\nconsideration is to be paid, in whole or in part, directly or\\nindirectly, out of any school moneys, or who shall have received from\\nany source whatever any commission or compensation in connection with\\nany of the matters aforesaid.\\n * NB Effective until June 30, 2015\\n * 1. It shall be unlawful for any community board member, community\\nsuperintendent or any such other officer or employee in schools and\\nprograms under the jurisdiction of the community board as the city board\\nby regulation shall specify, to be directly or indirectly interested in\\nthe furnishing of any supplies or materials, or in the doing of any work\\nor labor, or in the sale or leasing of any real estate, or in any\\nproposal, agreement or contract for any of these purposes, in any case\\nin which the price or consideration is to be paid, in whole or in part,\\ndirectly or indirectly, out of any school moneys, or who shall have\\nreceived from any source whatever any commission or compensation in\\nconnection with any of the matters aforesaid.\\n * NB Effective June 30, 2015\\n 2. a. A community board member may not (i) use his official authority\\nor influence for the purpose of interfering with or affecting the result\\nof an election or a nomination for office; or (ii) directly or\\nindirectly coerce, attempt to coerce or command a community board\\nemployee or a city board employee to pay, lend or contribute anything of\\nvalue to a party, committee, organization, agency or person for\\npolitical purposes or to participate in any political campaign.\\n b. Notwithstanding any provision of this subdivision to the contrary,\\na community board member may participate in, affect or aid the result of\\nsuch person's own election or nomination for office or express opinions\\non political subjects and candidates.\\n c. Nothing in this subdivision shall be construed (i) to limit the\\napplicability of section one hundred seven of the civil service law to\\ncommunity board members; or (ii) to preclude a community board member\\nfrom carrying out any duty prescribed by law.\\n 3. Violation of this section shall constitute cause for removal from\\noffice in accordance with notice and hearing provisions contained in\\nregulations and by-laws of the city board.\\n 4. The provisions of this section shall not apply to authors of school\\nbooks used in any of the public schools because of any interest they may\\nhave as authors in such books.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-O", "title" : "Educational facilities master plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-O", "activeDate" : "2014-09-22", "sequenceNo" : 991, "repealedDate" : null, "fromSection" : "2590-O", "toSection" : "2590-O", "text" : " * § 2590-o. Educational facilities master plan. 1. In accordance with\\nthe schedule set forth in subdivision two of this section, the\\nchancellor shall prepare an educational facilities master plan to take\\neffect on July first, nineteen hundred eighty-nine, which shall set\\nforth all the actions necessary to restore the city's educational\\nfacilities to a state of good repair by January first, two thousand. The\\nplan shall (i) set forth the minimum acceptable standards for each type\\nof educational facility and the number and identity to the extent\\nascertainable of facilities of each such type that the chancellor\\nbelieves do not currently meet such minimum standards, (ii) identify\\nthose facility defects and shortcomings that most seriously impede\\nlearning and teaching, (iii) describe the remedial measures proposed to\\nbe taken, (iv) establish priorities for their initiation and completion,\\nincluding a list of prioritized projects to the extent ascertainable and\\n(v) list each proposed new educational facility and set forth a\\njustification, including demographic data, documenting the longterm need\\ntherefor. In addition, the master plan shall include an estimate of its\\ncost and such other information as the chancellor shall determine.\\n 2. No later than January sixth, nineteen hundred eighty-nine, the\\nchancellor shall, in conjunction with the submission of the five-year\\neducational facilities capital plan required by section twenty-five\\nhundred ninety-p of this chapter, submit the master plan to each\\ncommunity school board, which shall conduct a public hearing on both the\\neducational facilities master plan and the five-year educational\\nfacilities capital plan and shall prepare and submit recommendations to\\nthe chancellor on or before February twentieth, nineteen hundred\\neighty-nine with respect to matters in the plans that involve that\\nschool district. The chancellor shall consider the recommendations\\nreceived from the community school boards, and, on or before March\\neighth, nineteen hundred eighty-nine, shall submit a final educational\\nfacilities master plan to the city board for its approval. On or before\\nMarch twenty-second, nineteen hundred eighty-nine, the city board shall\\napprove the educational facilities master plan submitted by the\\nchancellor or such plan as is determined by the city board.\\n ** 3. No later than January first, nineteen hundred ninety-three, the\\nchancellor shall prepare and submit a preliminary proposed revision to\\nthe educational facilities master plan to the city board and to each\\ncommunity school board. This proposed revision shall reflect the\\nprogress achieved during the first three years of the master plan and\\nshall incorporate such changes to the master plan as the chancellor\\ndeems necessary. Each such community school board shall conduct a public\\nhearing and shall prepare and submit recommendations to the chancellor\\non or before March first, nineteen hundred ninety-three with respect to\\nmatters in the plan that involve that school district. The chancellor\\nshall consider the recommendations received from the community school\\nboards, and, on or before April first, nineteen hundred ninety-three,\\nshall submit a final proposed revision to the master plan to the city\\nboard for its approval. On or before May first of such year, the city\\nboard shall approve the revision to the educational facilities master\\nplan submitted by the chancellor.\\n ** NB Effective until June 30, 2015\\n ** 3. No later than January first, nineteen hundred ninety-three, the\\nchancellor shall prepare and submit a preliminary proposed revision to\\nthe educational facilities master plan to the city board and to each\\ncommunity school board. This proposed revision shall reflect the\\nprogress achieved during the first three years of the master plan and\\nshall incorporate such changes to the master plan as the chancellor\\ndeems necessary. Each such community school board shall conduct a public\\nhearing and shall prepare and submit recommendations to the chancellor\\non or before March first, nineteen hundred ninety-three with respect to\\nmatters in the plan that involve that school district. The chancellor\\nshall consider the recommendations received from the community school\\nboards, and, on or before April first, nineteen hundred ninety-three,\\nshall submit a final proposed revision to the master plan to the city\\nboard for its approval. On or before May first of such year, the city\\nboard shall approve the revision to the educational facilities master\\nplan submitted by the chancellor or such plan as is determined by the\\ncity board.\\n ** NB Effective June 30, 2015\\n * NB There are 2 § 2590-o's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-O*2", "title" : "Neutrality of school employees in community board elections", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2590-O*2", "activeDate" : "2014-09-22", "sequenceNo" : 992, "repealedDate" : null, "fromSection" : "2590-O*2", "toSection" : "2590-O*2", "text" : " * § 2590-o. Neutrality of school employees in community board\\nelections. 1. In their official capacities during school hours all\\nschool, community district and city district employees shall maintain a\\nposture of complete neutrality with respect to elections of candidates\\nfor community board. No school, community district or city district\\nfacilities or supplies shall be used on behalf of any candidate.\\n 2. The city board shall have the authority and responsibility with\\nregard to the investigation and trial of employees against whom\\nviolations of this section are charged. Wilful violations of this\\nsection shall constitute cause for removal from office or termination of\\nemployment.\\n 3. The city board shall adopt regulations to achieve the purposes of\\nthis section.\\n * NB There are 2 § 2590-o's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-P", "title" : "Educational facilities capital plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-P", "activeDate" : "2014-09-22", "sequenceNo" : 993, "repealedDate" : null, "fromSection" : "2590-P", "toSection" : "2590-P", "text" : " § 2590-p. Educational facilities capital plan. 1. In accordance with\\nsubdivision three of this section, the chancellor shall prepare proposed\\nfive-year educational facilities capital plans. Each such plan shall\\ndescribe each program element proposed in the plan, and shall set forth\\nan estimate of the cost of each program element, an estimate of the\\ncapital funding required each year and the expected sources of such\\nfunding. The plan shall also set forth an estimate of the cost of each\\nproject identified in the plan, shall assign priorities to the projects\\nincluded therein and shall state the year in which each such project's\\ndesign and construction is proposed to be initiated and estimated to be\\ncompleted. In preparing the plan and each project contained therein, the\\nchancellor shall factor and account for the effect of data provided by\\nthe office of city planning, the department of buildings, the department\\nof housing preservation and development and the department of health and\\nmental hygiene pursuant to subdivisions thirteen-a, thirteen-b,\\nthirteen-c, and thirteen-d of section seventeen hundred twenty-eight of\\nthe public authorities law.\\n 2. Program elements shall mean the following categories of work and,\\nwith respect to each such category, the plan shall include the following\\ninformation:\\n a. New construction: The plan shall identify the type, approximate\\nsize in terms of gross square footage and student capacity and\\napproximate location of each proposed new educational facility, and if\\nthe construction of such new facility is to result in the closing or\\nreplacement of an existing educational facility or facilities, the plan\\nshall identify each such facility to be closed or replaced.\\n b. Building additions: The plan shall identify each educational\\nfacility for which a building addition is proposed and describe the\\nnature, purpose and approximate size of such addition.\\n c. Major modernization and rehabilitation: The plan shall identify\\neach educational facility at which a rehabilitation or major\\nmodernization is to be performed, describe the general scope of such\\nwork at each such facility and describe the nature and estimated cost of\\nthe arrangements proposed in order to accommodate any students who will\\nbe temporarily displaced as a result of the work.\\n d. Athletic fields, playgrounds and pools: The plan shall identify\\neach educational facility at which an athletic field, playground or pool\\nis to be constructed or at which an existing athletic field, playground\\nor pool is to be the subject of a major repair or rehabilitation.\\n e. System replacements: The plan shall identify (i) each particular\\nsystem to be replaced, in part or in its entirety, including electrical,\\nplumbing, boilers, elevators, heating, ventilation and air conditioning,\\nroof replacement, window replacement, kitchens and warming pantries,\\nlighting, exterior masonry and painting and plaster, (ii) the general\\nstandards to be adopted for such replacement systems and (iii) the\\nnumber, and to the extent ascertainable, the identity of educational\\nfacilities in each borough at which each such system replacement is to\\nbe performed.\\n f. Security: The plan shall describe the nature of security devices\\nand systems proposed to be installed at educational facilities and the\\nnumber, and to the extent ascertainable, the identity of facilities in\\neach borough at which such a security system is to be installed.\\n g. Educational enhancements: The plan shall describe programs for the\\nredesign and reconfiguration of space within educational facilities in\\norder to enhance educational activities therein, including the\\ninstallation of wiring or other facilities to permit or facilitate the\\nuse of computers or other educational devices and equipment and shall\\nidentify the number, and to the extent ascertainable, the identity of\\neducational facilities in each borough at which such educational\\nenhancement programs shall be undertaken.\\n h. Emergency, unspecified and miscellaneous: The plan shall include an\\nestimate of the funding requirements to perform emergency projects,\\nunspecified projects and miscellaneous capital activities; provided,\\nhowever, that the cost of such program element shall not exceed five\\npercent of the total estimated cost of the five-year capital plan.\\n * 3. a. No later than January sixth, nineteen hundred eighty-nine, the\\nchancellor shall, in conjunction with the submission of the educational\\nfacilities master plan required by section twenty-five hundred ninety-o\\nof this chapter, submit the initial proposed five-year educational\\nfacilities capital plan to each community district education council,\\nwhich shall conduct a public hearing on both the educational facilities\\nmaster plan and the five-year educational facilities capital plan and\\nshall prepare and submit recommendations to the chancellor on or before\\nFebruary twentieth, nineteen hundred eighty-nine with respect to matters\\nin the plans that involve that school district. The chancellor shall\\nconsider the recommendations received from the community district\\neducation councils on both the proposed educational facilities master\\nplan and the proposed five-year educational facilities capital plan,\\nand, on or before March eighth, nineteen hundred eighty-nine, shall\\nsubmit a final proposed five-year educational facilities capital plan to\\nthe city board for its approval. On or before March twenty-second,\\nnineteen hundred eighty-nine, the city board shall approve the five-year\\neducational facilities capital plan submitted by the chancellor or such\\nplan as is determined by the city board, which shall take effect on July\\nfirst, nineteen hundred eighty-nine.\\n b. Commencing on November first, nineteen hundred ninety-three, and\\nevery five years thereafter, the chancellor shall submit a proposed\\nfive-year educational facilities capital plan to take effect on the\\nsucceeding July first to each community school district education\\ncouncil, which shall conduct a public hearing and shall prepare and\\nsubmit recommendations to the chancellor on or before January first of\\nthe ensuing year with respect to matters in the plan that involve that\\nschool district. Upon submission of such recommendations to the\\nchancellor, the board shall make public, pursuant to this paragraph:\\n (i) a summary of the issues raised at such hearing;\\n (ii) a statement of the reasons why any significant alternative\\nrecommendations at such hearing were or were not incorporated into the\\nfinal plan; and\\n (iii) a description of any changes made to the proposed plan as a\\nresult of the issues raised at such hearing.\\n The chancellor shall consider the recommendations received from the\\ncommunity district education councils, and, on or before February first\\nof such year, shall submit a final proposed five-year educational\\nfacilities capital plan to the city board for its approval pursuant to\\nparagraph (d) of subdivision one of section twenty-five hundred ninety-g\\nof this article.\\n * NB Effective until June 30, 2015\\n * 3. a. No later than January sixth, nineteen hundred eighty-nine, the\\nchancellor shall, in conjunction with the submission of the educational\\nfacilities master plan required by section twenty-five hundred ninety-o\\nof this chapter, submit the initial proposed five-year educational\\nfacilities capital plan to each community school board, which shall\\nconduct a public hearing on both the educational facilities master plan\\nand the five-year educational facilities capital plan and shall prepare\\nand submit recommendations to the chancellor on or before February\\ntwentieth, nineteen hundred eighty-nine with respect to matters in the\\nplans that involve that school district. The chancellor shall consider\\nthe recommendations received from the community school boards on both\\nthe proposed educational facilities master plan and the proposed\\nfive-year educational facilities capital plan, and, on or before March\\neighth, nineteen hundred eighty-nine, shall submit a final proposed\\nfive-year educational facilities capital plan to the city board for its\\napproval. On or before March twenty-second, nineteen hundred\\neighty-nine, the city board shall approve the five-year educational\\nfacilities capital plan submitted by the chancellor or such plan as is\\ndetermined by the city board, which shall take effect on July first,\\nnineteen hundred eighty-nine.\\n b. Commencing on November first, nineteen hundred ninety-three, and\\nevery five years thereafter, the chancellor shall submit a proposed\\nfive-year educational facilities capital plan to take effect on the\\nsucceeding July first to each community school district education\\ncouncil, which shall conduct a public hearing and shall prepare and\\nsubmit recommendations to the chancellor on or before January first of\\nthe ensuing year with respect to matters in the plan that involve that\\nschool district. The chancellor shall consider the recommendations\\nreceived from the community school district education council, and, on\\nor before February first of such year, shall submit a final proposed\\nfive-year educational facilities capital plan to the city board for its\\napproval. On or before March first of such year, the city board shall\\napprove the five-year educational facilities capital plan submitted by\\nthe chancellor or such plan as is determined by the city board. Upon\\nsubmission of such recommendations to the chancellor, the board shall\\nmake public, pursuant to this paragraph:\\n (i) a summary of the issues raised at such hearing;\\n (ii) a statement of the reasons why any significant alternative\\nrecommendations at such hearing were or were not incorporated into the\\nfinal plan; and\\n (iii) a description of any changes made to the proposed plan as a\\nresult of the issues raised at such hearing.\\n * NB Effective June 30, 2015\\n * 4. Following approval by the city board of a five-year educational\\nfacilities capital plan, the chancellor shall submit such plan to the\\nmayor and the council of the city of New York for their approval. After\\nconsultation with the chancellor and the city board, the mayor shall\\ninclude in the city's executive capital budget for the fiscal year in\\nwhich the five-year plan is to commence an appropriation for educational\\nfacilities in an amount he or she recommends as sufficient to provide\\nfor the funding of a five-year capital program for the city board and\\nshall specify amounts for each fiscal year within such five year period.\\nSuch five-year appropriation, which shall specify the annual amounts for\\neach fiscal year to be made available, shall be subject to adoption,\\nveto, and, except as hereinafter provided, amendment in accordance with\\nthe procedures set forth in the charter of the city of New York. Upon\\nadoption of a five-year appropriation pursuant to such process, the\\ncapital program of the city board shall, if the amount so appropriated\\ndiffers from the cost estimated in the plan approved by the city board,\\nbe amended to reflect the funding so provided. No reduction shall\\nthereafter be made by the city in the amount of such appropriation until\\ncompletion of the plan, unless (i) the chancellor with the approval of\\nthe city board shall so recommend or (ii) a general, across-the-board\\nreduction is made in the city's capital appropriations in order to\\naccommodate an unforeseen reduction in the availability of city capital\\nfunds. In the event the chancellor with the approval of the city board\\nso recommends or such a reduction is made, the appropriation may be\\nreduced in accordance with such recommendation or proportionately to the\\nreduction in the city's general capital appropriations. In the event the\\nchancellor with the approval of the city board requests additional\\nappropriations from such city during the five-year period of the then\\neffective plan, the chancellor shall specify the needs to be met by such\\nadditional appropriations. The city may appropriate an additional amount\\nfor the five-year educational facilities capital plan; provided that in\\nno event shall such an additional appropriation be conditioned upon a\\nreduction or alteration of the five-year plan then in effect. The\\nauthority may not spend more in any fiscal year of the capital program\\nthan the amount specified in the five-year city appropriation therefor,\\nas amended from time to time; provided that any amounts not expended\\nduring a fiscal year may be expended in any succeeding fiscal year; and\\nprovided further that the mayor may authorize funds to be expended at a\\nrate faster than the amounts so specified, within the balance of the\\nfive-year appropriation available therefor.\\n * NB Effective until June 30, 2015\\n * 4. Following approval by the city board of a five-year educational\\nfacilities capital plan, the chancellor shall transmit such plan to the\\nmayor and the council of the city of New York. After consultation with\\nthe chancellor and the city board, the mayor shall include in the city's\\nexecutive capital budget for the fiscal year in which the five-year plan\\nis to commence an appropriation for educational facilities in an amount\\nhe recommends as sufficient to provide for the funding of a five-year\\ncapital program for the city board and shall specify amounts for each\\nfiscal year within such five year period. Such five-year appropriation,\\nwhich shall specify the annual amounts for each fiscal year to be made\\navailable, shall be subject to adoption, veto and, except as hereinafter\\nprovided, amendment in accordance with the procedures set forth in the\\ncharter of the city of New York. Upon adoption of a five-year\\nappropriation pursuant to such process, the capital program of the city\\nboard shall, if the amount so appropriated differs from the cost\\nestimated in the plan approved by the city board, be amended to reflect\\nthe funding so provided. No reduction shall thereafter be made by the\\ncity in the amount of such appropriation until completion of the plan\\nunless (i) the city board shall so recommend or (ii) a general,\\nacross-the-board reduction is made in the city's capital appropriations\\nin order to accommodate an unforeseen reduction in the availability of\\ncity capital funds. In the event the city board so recommends or such a\\nreduction is made, the appropriation may be reduced in accordance with\\nsuch recommendation or proportionately to the reduction in the city's\\ngeneral capital appropriations. In the event the city board requests\\nadditional appropriations from such city during the five-year period of\\nthe then effective plan, the city board shall specify the needs to be\\nmet by such additional appropriations. The city may appropriate\\nadditional amount for the five-year educational facilities capital plan,\\nprovided that in no event shall such an additional appropriation be\\nconditioned upon a reduction or alteration of the five-year plan then in\\neffect. The authority may not spend more in any fiscal year of the\\ncapital program than the amount specified in the five-year city\\nappropriation therefor, as amended from time to time; provided that any\\namounts not expended during a fiscal year may be expended in any\\nsucceeding fiscal year, and provided further that the mayor may\\nauthorize funds to be expended at a rate faster than the amounts so\\nspecified, within the balance of the five-year appropriation available\\ntherefor.\\n * NB Effective June 30, 2015\\n 5. * a. The chancellor may in his or her discretion submit amendments\\nto an approved five-year educational facilities capital plan to the city\\nboard, mayor, and city council for their approval.\\n * NB Effective until June 30, 2015\\n * a. The chancellor may in his discretion submit amendments to an\\napproved five-year educational facilities capital plan to the city board\\nfor its approval.\\n * NB Effective June 30, 2015\\n b. The chancellor shall submit such amendments in the event (i) the\\nestimated cost of any program element shall increase by more than ten\\npercent from the estimate contained in the plan, (ii) a project will not\\nbe commenced within six months from the date set forth in the plan,\\n(iii) a project to be performed at an identified educational facility is\\nproposed to be performed at a different educational facility or (iv) a\\nproject not identified in the plan, other than projects to be performed\\npursuant to paragraph h of subdivision two of this section, is proposed\\nto be initiated.\\n c. In the event the city shall appropriate an amount less than the\\namount proposed to be funded by the city in the then approved five-year\\neducational facilities capital plan, or in the event an appropriation\\nshall be reduced below such level as provided in subdivision four of\\nthis section, the chancellor shall prepare and submit to the city board\\nfor its approval an amendment to such plan to reflect the reduced amount\\nof funding from the city.\\n d. If the effect of any plan amendment would require an additional\\nappropriation by the city, no such amendment shall be implemented unless\\nand until the city shall make such additional appropriation.\\n e. Amendments submitted by the chancellor as described in paragraph c\\nand in clauses (iii) and (iv) of paragraph b of this subdivision shall\\nalso be submitted to each affected community school board, which may\\nconduct a public hearing and prepare and submit recommendations to the\\ncity board within forty-five days of such submission.\\n 6. a. For each project included in an approved five-year educational\\nfacilities capital plan, the chancellor shall develop a detailed scope\\nof the project, which shall include the following: (i) the purposes and\\npublic to be served, (ii) the programs to be conducted in the facility,\\n(iii) the gross amounts of space and bulk for any building or structure,\\n(iv) identification of the intent to use architectural, engineering or\\nother consultant services and estimated fees for such consultant\\nservices, (v) the schedule of design and construction, (vi) the total\\nestimated project costs, including costs for site acquisition,\\npreparation and tenant relocation, design, construction and equipment,\\n(vii) maximum estimated expenditures for the project for each fiscal\\nyear until its completion, (viii) costs associated with maintenance and\\noperation of the physical plant, (ix) how the data provided by the\\noffice of city planning, the department of buildings, the department of\\nhousing preservation and development and the department of health and\\nmental hygiene pursuant to subdivisions thirteen-a, thirteen-b,\\nthirteen-c, and thirteen-d of section seventeen hundred twenty-eight of\\nthe public authorities law is factored and accounted for, and (x) such\\nother information as the chancellor shall specify. In the event, a\\nproject consists of a program element without identification of the\\nparticular education facility at which such project is to be performed,\\nthe detailed scope of the project shall specify the nature of the work\\nto be performed, applicable price and quality standards, a list of the\\nschools eligible for such work, annual performance targets and the total\\nestimated costs of such project during each fiscal year until its\\ncompletion.\\n b. The chancellor may request the New York city school construction\\nauthority, and the authority shall be authorized, to develop preliminary\\nplans for each project, to assist the chancellor in the development of\\nthe detailed scope of project, to proceed with site acquisition for such\\nproject and to assist in responding to emergency projects undertaken\\npursuant of paragraph h of subdivision two of this section. The\\nauthority may expend moneys for such purposes for projects to be funded\\npursuant to subdivision four of this section in such amounts as are\\nconsistent with the city capital budget appropriation therefor.\\n * c. The chancellor shall prepare preliminary scopes (i) for each\\nproject contained within the program elements defined in paragraphs a\\nand b of subdivision two of this section and, where appropriate,\\nparagraph g of subdivision two of this section, (ii) for each major\\nmodernization project contained in paragraph c of such subdivision two,\\nand (iii) for each new construction project contained in paragraph d of\\nsuch subdivision two, and shall transmit such preliminary scopes to the\\naffected community district education councils. The community district\\neducation council may hold hearings on such scope; provided, however,\\nthat the community district education council must submit any comments\\nto the chancellor no later than thirty days following the date of\\nsubmission. The chancellor shall consider the comments in preparing the\\nscope that he or she will submit to the director of management and\\nbudget of the city pursuant to paragraph d of this subdivision.\\n * NB Effective until June 30, 2015\\n * c. The chancellor shall prepare preliminary scopes (i) for each\\nproject contained within the program elements defined in paragraphs a\\nand b of subdivision two of this section and, where appropriate,\\nparagraph g of subdivision two of this section, (ii) for each major\\nmodernization project contained in paragraph c of such subdivision two,\\nand (iii) for each new construction project contained in paragraph d of\\nsuch subdivision two, and shall transmit such preliminary scopes to the\\naffected community school boards. The community school board may hold\\nhearings on such scope, provided, however, that the community school\\nboard must submit any comments to the chancellor no later than thirty\\ndays following the date of submission. The chancellor shall consider the\\ncomments in preparing the scope that he will submit to the director of\\nmanagement and budget of the city pursuant to paragraph d of this\\nsubdivision.\\n * NB Effective June 30, 2015\\n * d. For projects to be funded pursuant to subdivision four of this\\nsection, the chancellor shall transmit the detailed scope of each such\\nproject to the director of management and budget of the city for\\napproval.\\n (i) Except as provided in paragraph b of this subdivision, no expenses\\nshall be incurred by the city board or the authority for any such\\nproject prior to approval of the detailed scope of any such project.\\n (ii) No detailed scope of project shall be approved unless the total\\nestimated costs of such project, together with the aggregate estimated\\ncosts of all projects for which a detailed scope has theretofore been\\napproved, are within city capital budget appropriations available\\ntherefor. A detailed scope of project that is not disapproved by the\\ndirector of management and budget within thirty days of its submission\\nshall be deemed approved. To the extent the director disapproves all or\\npart of a scope, he or she shall set forth in writing the reasons\\ntherefor.\\n (iii) Upon approval of the detailed scope of project, the chancellor\\nshall refer such project to the New York city school construction\\nauthority for implementation in accordance with an agreement between the\\nauthority and the city board and shall transmit the approved project\\nscope to the comptroller, whereupon the total estimated costs of such\\nproject as set forth in such approved project scope shall be available\\nfor expenditure.\\n (iv) Approval of the director of management and budget shall be\\nrequired for any material change in the approved detailed scope of\\nproject or for any increase in the total cost of such project in excess\\nof any reserve provided in the approved detailed scope of project. Such\\napproval shall be given or deemed given in the manner provided herein.\\n (v) The provisions of this paragraph shall not apply to emergency\\nprojects undertaken pursuant to paragraph h of subdivision two of this\\nsection, the estimated costs of which, together with the costs of other\\nprojects undertaken pursuant to said paragraph h, does not exceed the\\namount set forth in the educational facilities capital plan for\\nactivities pursuant to paragraph h of subdivision two of this section.\\n * NB Effective until June 30, 2015\\n * d. For projects to be funded pursuant to subdivision four of this\\nsection, the chancellor shall transmit the detailed scope of each such\\nproject to the director of management and budget of the city for\\napproval.\\n (i) Except as provided in paragraph b of this subdivision, no expenses\\nshall be incurred by the city board or the authority for any such\\nproject prior to approval of the detailed scope of any such project.\\n (ii) No detailed scope of project shall be approved unless the total\\nestimated costs of such project, together with the aggregate estimated\\ncosts of all projects for which a detailed scope has theretofore been\\napproved, are within city capital budget appropriations available\\ntherefor. A detailed scope of project that is not disapproved by the\\ndirector of management and budget within thirty days of its submission\\nshall be deemed approved. To the extent the director disapproves all or\\npart of a scope, he shall set forth in writing the reasons therefor.\\n (iii) Upon approval of the detailed scope of project, the chancellor\\nshall refer such project to the New York city school construction\\nauthority for implementation in accordance with an agreement between the\\nauthority and the city board and shall transmit the approved project\\nscope to the comptroller whereupon the total estimated costs of such\\nproject as set forth in such approved project scope shall be available\\nfor expenditure.\\n (iv) Approval of the director of management and budget shall be\\nrequired for any material change in the approved detailed scope of\\nproject or for any increase in the total cost of such project in excess\\nof any reserve provided in the approved detailed scope of project. Such\\napproval shall be given or deemed given in the manner provided herein.\\n (v) The provisions of this paragraph shall not apply to emergency\\nprojects undertaken pursuant to paragraph h of subdivision two of this\\nsection, the estimated costs of which, together with the costs of other\\nprojects undertaken pursuant to said paragraph h, does not exceed the\\namount set forth in the educational facilities capital plan for\\nactivities pursuant to paragraph h of subdivision two of this section.\\n * NB Effective June 30, 2015\\n e. For projects contained within a five-year educational facilities\\ncapital plan and not funded in whole or in part by the city, the\\nchancellor shall refer such projects to the New York city school\\nconstruction authority for implementation in accordance with any\\nagreement between the authority and the city board.\\n * f. The chancellor and the president of the New York city school\\nconstruction authority, shall notify the mayor of the amount of\\nappropriated funds projected to be spent for (i) development of detailed\\nscopes, (ii) development of preliminary plans, (iii) site acquisition\\nand (iv) emergencies, and the mayor shall thereupon authorize the\\nissuance of bonds therefor in accordance with the local finance law and\\nshall notify the city comptroller of his or her authorization to expend\\nsuch amounts for such purposes. Such notice shall be given or amended at\\nleast ten days prior to any expenditure included therein; provided that\\nthe chancellor, the president of the authority and the mayor shall\\ndevelop procedures to expedite authorization of emergency expenditures.\\nNeither the city board nor the authority shall expend funds for such\\npurposes in excess of the amounts specified in such notice until the\\nchancellor shall have amended such notice to reflect such excess. Upon\\napproval of the detailed scope of a project, the mayor shall authorize\\nthe issuance of bonds therefor in accordance with the local finance law\\nand shall notify the city comptroller of his or her authorization to\\nexpend appropriated funds for the entire estimated cost of such project.\\n * NB Effective until June 30, 2015\\n * f. The chancellor and the president of the New York city school\\nconstruction authority shall notify the mayor of the amount of\\nappropriated funds projected to be spent for (i) development of detailed\\nscopes, (ii) development of preliminary plans, (iii) site acquisition\\nand (iv) emergencies, and the mayor shall thereupon authorize the\\nissuance of bonds therefor in accordance with the local finance law and\\nshall notify the city comptroller of his authorization to expend such\\namounts for such purposes. Such notice shall be given or amended at\\nleast ten days prior to any expenditure included therein; provided that\\nthe chancellor, the president of the authority and the mayor shall\\ndevelop procedures to expedite authorization of emergency expenditures.\\nNeither the city board nor the authority shall expend funds for such\\npurposes in excess of the amounts specified in such notice until the\\nchancellor shall have amended such notice to reflect such excess. Upon\\napproval of the detailed scope of a project, the mayor shall authorize\\nthe issuance of bonds therefor in accordance with the local finance law\\nand shall notify the city comptroller of his authorization to expend\\nappropriated funds for the entire estimated cost of such project.\\n * NB Effective June 30, 2015\\n 7. The provisions of subdivision a of section two hundred fourteen of\\nthe charter of the city of New York shall not apply to a proposed\\nfive-year appropriation made in accordance with subdivision four of this\\nsection, and the provisions of subdivision b of section two hundred\\nseventeen of such charter shall apply only after the end of the fifth\\nyear of a five-year appropriation made pursuant to such subdivision. To\\nthe extent any other provision of chapter nine or ten of such charter is\\ninconsistent with the provisions of this section, the provisions of this\\nsection shall govern.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-Q", "title" : "Budgetary and fiscal processes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-Q", "activeDate" : "2014-09-22", "sequenceNo" : 994, "repealedDate" : null, "fromSection" : "2590-Q", "toSection" : "2590-Q", "text" : " * § 2590-q. Budgetary and fiscal processes. 1. The chancellor shall\\nannually advise the community district education councils with respect\\nto the form and content of the budget requests and accompanying fiscal\\nestimates required to be submitted by the mayor of the city of New York\\nfor the next ensuing fiscal year, together with such additional\\ninformation as he or she may require.\\n 4. On such date as the mayor shall direct, the chancellor shall submit\\nto the mayor:\\n (a) estimates, as adopted by the city board, of the total sum of money\\nwhich it deems necessary for the operation of the city district (other\\nthan functions to be financed from funds provided for in the capital\\nbudget of the city) during the next fiscal year of the city, together\\nwith the estimates submitted by the community district education\\ncouncils;\\n (b) estimates of the amount to be received as a result of the\\napportionment of moneys payable from the state in such fiscal year; and\\n (c) estimates of the amount to be received for school system\\nexpenditures by the city district in such fiscal year from sources other\\nthan appropriations of city funds or appropriations or other provisions\\nof funds in the capital budget of the city or apportionment of moneys\\nfrom the state payable in such fiscal year.\\n 5. All estimates submitted by the chancellor shall be prepared in the\\nmanner prescribed by the New York city charter for submission of\\ndepartmental estimates for current expenses to the mayor and shall set\\nforth the total amounts proposed for programs or activities of the\\ncommunity district education councils in units of appropriation separate\\nfrom those set forth for programs or activities operated by the city\\nboard; provided, however, that nothing shall prevent the inclusion in\\nsuch estimates of a unit or units of appropriation to be allocated to\\ncommunity district education councils pursuant to subdivision ten of\\nthis section to finance innovative programs or activities by such\\ncommunity district education councils.\\n 6. In acting on the proposed units of appropriation for programs or\\nactivities of community district education councils, the city council of\\nthe city of New York may, subject to the veto of the mayor, increase or\\ndecrease the total amount of each such unit of appropriation but,\\nnotwithstanding any provision of the New York city charter or any other\\nlaw to the contrary, it shall not have power to add any other unit of\\nappropriation for one or more community district education councils.\\n 7. (b) Not later than thirty days after the amount of such funds\\nbecomes determined by adoption of the budget pursuant to subdivision six\\nof this section, by allocation pursuant to subdivisions ten, eleven,\\nfourteen, and fifteen of this section, or otherwise, the chancellor\\nshall transmit to each community district education council a statement\\nenumerating the federal, state, city, and private funds which have been\\nallocated thereunder to such community district education council for\\nits programs.\\n (c) At the same time, the chancellor shall transmit to the community\\ndistrict education councils a statement of the allocation of the balance\\nof such funds to the several programs administered by him or her and the\\ncity board including the distinct amounts assigned to each category of\\nschools and programs set forth in section twenty-five hundred ninety-i\\nof this article and the amount allocated for the operation of the city\\nboard, his or her office, and the other administrative bureaus and\\ndivisions thereof.\\n 9. Special estimates to meet extraordinary expenses of emergencies\\nwhich may arise in the course of a fiscal year may be submitted to the\\nchancellor by any community district education council and, pursuant to\\nsubdivision six of section twenty-five hundred seventy-six of this\\ntitle, the chancellor may, in his or her discretion, submit such special\\nestimates to the mayor of the city of New York. The chancellor may also\\nsubmit special estimates to the mayor in connection with the schools and\\nprograms under his or her jurisdiction.\\n 10. Notwithstanding any provisions of law to the contrary, any moneys\\nappropriated to or authorized for expenditure by the city board\\nincluding moneys so appropriated to finance innovative programs or\\nactivities by community district education councils (but other than\\nmoneys so appropriated for the exercise of powers or duties reserved to\\nthe city board) may be allocated by the chancellor to any community\\ndistrict education council. Allocations made pursuant to this\\nsubdivision shall be based on the needs of the recipient community\\ndistrict education councils, considered in conjunction with the needs of\\nthe schools and programs under the jurisdiction of the city board, in\\nthe case of moneys appropriated for innovative programs or activities,\\nthe relative merit of the programs or activities proposed by the\\nrespective community district education councils.\\n 11. The chancellor shall perform all functions in connection with\\narticle seventy-three of this chapter; provided that the chancellor\\nshall allocate to the community district education councils the state\\nfunds apportioned to the city district pursuant to such article\\nseventy-three, less the amount of such funds necessary to enable the\\nchancellor to carry out his or her responsibilities, on the basis of an\\nobjective formula established by the chancellor and approved by the city\\nboard annually, after consultation with the community district education\\ncouncils and the mayor, which formula shall reflect the relative\\neducational needs of the community districts to the maximum extent\\nfeasible.\\n 12. The chancellor shall perform all functions in connection with\\nsections twenty-five hundred seventy-six, twenty-five hundred\\nseventy-seven, twenty-five hundred seventy-nine, twenty-five hundred\\neighty-one, twenty-five hundred eighty-two, twenty-five hundred\\neighty-three, and twenty-five hundred eighty-four of this title.\\n 13. The city board through the chancellor shall perform all functions\\nin connection with the capital budget as provided in chapter nine of the\\ncharter of the city of New York, except as otherwise provided herein.\\n 14. With respect to special, federal, state, and private funds, each\\ncommunity district education council may:\\n (a) contract for and receive funds to be transmitted to the city board\\nand disbursed through the chancellor. No special funds may be used as a\\nmeans of bringing about the elimination of existing personnel lines,\\ntitles, or employees. Community district education councils may use\\nbudget funds allocated and resources obtained within the scope of\\nexisting law and contractual obligations to design programs of\\neducational excellence tailored to the needs and peculiar\\ncharacteristics of the district;\\n (b) enter into contracts necessary or convenient to the discharge of\\nthe powers and duties with the city, state, and federal governments,\\nprivate foundations, agencies and individuals, the city board, and other\\ncommunity district education councils, subject to the approval of the\\nchancellor;\\n (c) in the case of federal or state funds not allocated to the city\\ndistrict on a formula basis, to apply to the funding agency, as a local\\neducational agency, and to accept any funds granted or apportioned in\\nthis connection for its use and account; provided, however, that as to\\nfederal funds available to areas affected by federal activities pursuant\\nto public law eight hundred seventy-four, community councils shall not\\nbe considered local educational agencies and shall have no power to\\napply directly to the funding agency, but such funds shall be\\nreallocated to community district education councils by the chancellor\\nin accordance with a formula established by the chancellor and approved\\nby the city board as provided in subdivision ten of this section; and\\n (d) in the case of special funds allocated to the city district on a\\nformula basis, to submit proposals to the chancellor for a review as to\\nform only and prompt transmittal to the funding agency; provided,\\nhowever, that in the case of such special funds community district\\neducation councils shall not be considered local educational agencies;\\nand provided further that the total amount of such proposals submitted\\nby any community district education council shall not exceed the amount\\nof an apportionment made by the chancellor on the basis of a formula\\nestablished by the chancellor and approved by the city board, after\\nconsidering the recommendation of the chancellor and after consultation\\nwith community district education councils and the mayor, which formula\\nreflects the same educational and economic factors as the formula for\\napportionment of such special funds to the city district; and provided\\nfurther that each community district education council shall consult\\nfully with non-public school authorities on a continuing basis with\\nrespect to any of such special funds applicable to non-public school\\nprograms and students subject to the power and duty of the city board\\nthrough the chancellor to ensure that applicable provisions of state and\\nfederal law and regulations with respect to programs for students in\\nattendance at non-public schools throughout the city district shall be\\ncarried out.\\n 15. With respect to special, federal, state, and private funds, the\\nchancellor shall provide community district education councils with\\ninformation about the availability of such funds and furnish technical\\nassistance with respect to the preparation of proposals, record keeping,\\nand the administration of such programs.\\n 16. On or before October first of each year, the chancellor shall\\nsubmit to the commissioner, in the form to be prescribed by him or her,\\nthe annual budget for the city district for the current fiscal year.\\n 17. (a) Each community superintendent shall prepare semi-annual\\nreports which shall be due by December fifteenth and April fifteenth of\\neach year. Each report shall include but not be limited to an accounting\\nof all funds received and expended by the subject community district\\neducation council from all sources, including appropriations for\\nprograms and activities of the district education council and receipts\\nfrom external sources.\\n (b) In addition, a final year-end report shall be due on August\\nfifteenth and shall include an accounting of all funds received and\\nexpended by the subject community district education council from all\\nsources, including appropriations for programs and activities of the\\ndistrict education council.\\n (c) Copies of reports outlined in paragraphs (a) and (b) of this\\nsubdivision shall be given to the chancellor and the subject community\\ndistrict education council and shall be available to the public.\\n 18. Notwithstanding any provision of law to the contrary, the powers\\nand duties conferred on a community district education council by this\\nsection shall be exercised exclusively by the community superintendent\\nemployed by such council.\\n * NB Effective until June 30, 2015\\n * § 2590-q. Budgetary and fiscal processes. 1. The chancellor shall\\nannually advise the community boards with respect to the form and\\ncontent of the budget requests and accompanying fiscal estimates\\nrequired to be submitted by the mayor of the city of New York for the\\nnext ensuing fiscal year, together with such additional information as\\nhe may require.\\n 4. On such date as the mayor shall direct, the city board shall submit\\nto the mayor:\\n (a) estimates, as adopted, of the total sum of money which it deems\\nnecessary for the operation of the city district (other than functions\\nto be financed from funds provided for in the capital budget of the\\ncity) during the next fiscal year of the city, together with the\\nestimates submitted by the community boards, as originally submitted and\\nas modified pursuant to subdivision three of this section;\\n (b) estimates of the amount to be received as a result of the\\napportionment of moneys payable from the state in such fiscal year; and\\n (c) estimates of the amount to be received for school system\\nexpenditures by the city district in such fiscal year from sources other\\nthan appropriations of city funds or appropriations or other provisions\\nof funds in the capital budget of the city or apportionment of moneys\\nfrom the state payable in such fiscal year.\\n 5. All estimates submitted by the city board shall be prepared in the\\nmanner prescribed by the New York city charter for submission of\\ndepartmental estimates for current expenses to the mayor and shall set\\nforth the total amounts proposed for programs or activities of the\\ncommunity boards in units of appropriation separate from those set forth\\nfor programs or activities operated by the city board; provided,\\nhowever, that nothing shall prevent the city board from including in\\nsuch estimates a unit or units of appropriation to be allocated to it in\\nits discretion, to community boards pursuant to subdivision ten of this\\nsection to finance innovative programs or activities by such community\\nboards.\\n 6. In acting on the proposed units of appropriation for programs or\\nactivities of community boards, the board of estimate and city council\\nof the city of New York may, subject to the veto of the mayor, increase\\nor decrease the total amount of each such unit of appropriation but,\\nnotwithstanding any provision of the New York city charter or any other\\nlaw to the contrary, they shall not have power to add any other unit of\\nappropriation for one or more community boards.\\n 7. (b) Not later than thirty days after the amount of such funds\\nbecomes determined by adoption of the budget pursuant to subdivision\\nsix, by allocation pursuant to subdivisions ten, eleven, fourteen and\\nfifteen of this section, or otherwise, the chancellor shall transmit to\\neach community board a statement enumerating the federal, state, city\\nand private funds which have been allocated thereunder to such community\\nboard for its programs.\\n (c) At the same time, the chancellor shall transmit to the community\\nboards a statement of the allocation of the balance of such funds to the\\nseveral programs administered by him and the city board including the\\ndistinct amounts assigned to each category of schools and programs set\\nforth in section twenty-five hundred ninety-i and the amount allocated\\nfor the operation of the city board, his office and the other\\nadministrative bureaus and divisions thereof.\\n 9. Special estimates to meet extraordinary expenses of emergencies\\nwhich may arise in the course of a fiscal year may be submitted to the\\nchancellor by any community board and, pursuant to subdivision six of\\nsection twenty-five hundred seventy-six of this chapter, the chancellor\\nmay, in its discretion, submit such special estimates to the mayor of\\nthe city of New York. The chancellor may also submit special estimates\\nto the mayor in connection with the schools and programs under his\\njurisdiction.\\n 10. Notwithstanding any provisions of law to the contrary, any moneys\\nappropriated to or authorized for expenditure by the city board\\nincluding moneys so appropriated to finance innovative programs or\\nactivities by community boards (but other than moneys so appropriated\\nfor the exercise of powers or duties reserved to the city board) may be\\nallocated by the chancellor to any community board. Allocations made\\npursuant to this subdivision shall be based on the needs of the\\nrecipient community boards, considered in conjunction with the needs of\\nthe schools and programs under the jurisdiction of the city board, in\\nthe case of moneys appropriated for innovative programs or activities,\\nthe relative merit of the programs or activities proposed by the\\nrespective community boards.\\n 11. The chancellor shall perform all functions in connection with\\narticle seventy-three of this chapter; provided that the chancellor\\nshall allocate to the community boards the state funds apportioned to\\nthe city district pursuant to article seventy-three, less the amount of\\nsuch funds necessary to enable the chancellor to carry out his\\nresponsibilities, on the basis of an objective formula established by\\nthe city board annually, after consultation with the community boards\\nand the mayor, which formula shall reflect the relative educational\\nneeds of the community districts to the maximum extent feasible.\\n 12. The chancellor shall perform all functions in connection with\\nsections twenty-five hundred seventy-six, twenty-five hundred\\nseventy-seven, twenty-five hundred seventy-nine, twenty-five hundred\\neighty-one, twenty-five hundred eighty-two, twenty-five hundred\\neighty-three and twenty-five hundred eighty-four of this chapter.\\n 13. The city board through the chancellor shall perform all functions\\nin connection with the capital budget as provided in chapter nine of the\\ncharter of the city of New York, except as otherwise provided herein.\\n 14. With respect to special, federal, state and private funds, each\\ncommunity board may:\\n (a) contract for and receive funds to be transmitted to the city board\\nand disbursed through the chancellor. No special funds may be used as a\\nmeans of bringing about the elimination of existing personnel lines,\\ntitles or employees. Community boards may use budget funds allocated and\\nresources obtained within the scope of existing law and contractual\\nobligations to design programs of educational excellence tailored to the\\nneeds and peculiar characteristics of the district;\\n (b) enter into contracts necessary or convenient to the discharge of\\nthe powers and duties with the city, state and federal governments,\\nprivate foundations, agencies and individuals, the city board and other\\ncommunity boards subject to the approval of the chancellor;\\n (c) in the case of federal or state funds not allocated to the city\\ndistrict on a formula basis, to apply to the funding agency, as a local\\neducational agency, and to accept any funds granted or apportioned in\\nthis connection for its use and account, provided, however, that as to\\nfederal funds available to areas affected by federal activities pursuant\\nto public law eight hundred seventy-four, community boards shall not be\\nconsidered local educational agencies and shall have no power to apply\\ndirectly to the funding agency but such funds shall be reallocated to\\ncommunity boards by the chancellor in accordance with a formula\\ndetermined by the city board as provided in subdivision ten of this\\nsection; and\\n (d) in the case of special funds allocated to the city district on a\\nformula basis, to submit proposals to the chancellor for a review as to\\nform only and prompt transmittal to the funding agency; provided,\\nhowever, that in the case of such special funds community boards shall\\nnot be considered local educational agencies; and provided further that\\nthe total amount of such proposals submitted by any community board\\nshall not exceed the amount of an apportionment made by the chancellor\\non the basis of a formula determined by the city board, after\\nconsidering the recommendation of the chancellor and after consultation\\nwith community boards and the mayor, which formula reflects the same\\neducational and economic factors as the formula for apportionment of\\nsuch special funds to the city district; and provided further that each\\ncommunity board shall consult fully with non-public school authorities\\non a continuing basis with respect to any of such special funds\\napplicable to non-public school programs and students subject to the\\npower and duty of the city board through the chancellor to ensure that\\napplicable provisions of state and federal law and regulations with\\nrespect to programs for students in attendance at non-public schools\\nthroughout the city district shall be carried out.\\n 15. With respect to special, federal, state and private funds, the\\nchancellor shall provide community boards with information about the\\navailability of such funds and furnish technical assistance with respect\\nto the preparation of proposals, record keeping and the administration\\nof such programs.\\n 16. On or before October first of each year, the city board shall\\nsubmit to the commissioner, in the form to be prescribed by him, the\\nannual budget for the city district for the current fiscal year.\\n 17. (a) Each community superintendent shall prepare semi-annual\\nreports which shall be due by December fifteenth and April fifteenth of\\neach year. Each report shall include but not be limited to an accounting\\nof all funds received and expended by the subject community board from\\nall sources including appropriations for programs and activities of the\\nschool board and receipts from external sources.\\n (b) In addition, a final year-end report shall be due on August\\nfifteenth and shall include an accounting of all funds received and\\nexpended by the subject community board from all sources including\\nappropriations for programs and activities of the school board.\\n (c) Copies of reports outlined in paragraphs (a) and (b) of this\\nsubdivision shall be given to the city board and the subject community\\nboard and shall be available to the public.\\n 18. Notwithstanding any provision of law to the contrary, the powers\\nand duties conferred on a community school board by this section shall\\nbe exercised exclusively by the community superintendent employed by\\nsuch board.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-R", "title" : "School based budgeting and expenditure reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-R", "activeDate" : "2014-09-22", "sequenceNo" : 995, "repealedDate" : null, "fromSection" : "2590-R", "toSection" : "2590-R", "text" : " * § 2590-r. School based budgeting and expenditure reporting. The\\nchancellor shall, in consultation with the city board and community\\ndistrict superintendents, establish in regulations a comprehensive\\nprocess of school-based budgeting and expenditure reporting no later\\nthan November first, nineteen hundred ninety-eight. Notwithstanding any\\nprovision of section twenty-five hundred ninety-q of this article to the\\ncontrary, such regulations shall include provisions for:\\n a. the allocation of projected revenues among community districts and\\ntheir schools on the basis of objective formulae developed by the\\nchancellor, after consultation with the community councils, community\\nsuperintendents and the mayor, and approved by the city board, such\\nformulae shall reflect the relative educational needs of the community\\ndistricts and their schools to the maximum extent feasible;\\n b. (i) following release of the executive budget of the city of New\\nYork by the mayor of the city of New York, the chancellor to inform the\\nprincipal of each school of that school's preliminary budget allocation,\\nand the principal to propose a school-based budget, after consulting\\nwith members of the school based management team and soliciting input\\npursuant to sections twenty-five hundred ninety-h, and twenty-five\\nhundred ninety-i of this article on budget priorities from all members\\nof the school community;\\n (ii) for schools under the jurisdiction of a community superintendent,\\nthe principal shall be required to provide written justification, in a\\nform and manner prescribed by the community superintendent pursuant to\\nparagraph (h) of subdivision one of section twenty-five hundred ninety-f\\nof this article, to demonstrate that the school-based budget proposal is\\naligned with the school's comprehensive educational plan;\\n c. the review, modification, approval and certification of the\\nproposed school budget for schools under the jurisdiction of a community\\nsuperintendent pursuant to paragraph (h) of subdivision one of section\\ntwenty-five hundred ninety-f of this article;\\n d. within amounts estimated by the chancellor, the aggregation of the\\nproposed school-based budgets, as modified and approved by the community\\nsuperintendent, with a proposed budget for the administrative and\\noperational expenses of the community superintendent and community\\ncouncil, as developed by the community superintendent, for submission to\\nthe chancellor;\\n e. the chancellor to develop a school-based budgeting process for\\nschools under his or her jurisdiction consistent with this section which\\nshall require that: (i) each principal provide written justification\\ndemonstrating that the school-based budget is aligned with such school's\\ncomprehensive educational plan; (ii) the school based management team\\nsubmit comments regarding such justification; and (iii) the chancellor\\ncertify that the school-based budget is sufficiently aligned with such\\nschool's comprehensive educational plan after reviewing the principal's\\njustification and the school based management team's comments;\\n f. the aggregation of the community district budgets, as modified and\\napproved by the chancellor, with a proposed budget for administrative\\nand operational expenditures of the city board and the chancellor, as\\nprepared by the chancellor, for submission to and adoption by the city\\nboard after a public hearing;\\n g. after final adoption of the budget for the city district by the\\nmayor and city council, a process of distributing any reductions or\\nincreases required by such adoption in an equitable manner which\\nconsiders the relative needs of community districts and schools to the\\nmaximum extent feasible and for modifying the proposed budget\\naccordingly. Such process shall include an analysis of the relative\\nfunding levels of the state, the city, the federal government, and other\\nsources of funds; a comparison of the level of such funding against\\nprevious years' total appropriations and actual expenditures; and an\\nanalysis of the distribution of funds;\\n h. a comprehensive system of public reporting on the final enacted\\nbudget including the levels of appropriation provided by the city, the\\nstate and the federal government with a comparison of the level of such\\nfunding against previous years' totals, and an explanation of the final\\nbudget;\\n i. procedures for schools, superintendents and the chancellor to\\nmodify and reallocate monies in the enacted budget;\\n j. a uniform system of budget requests, reports and appropriations.\\nSuch units of appropriation shall include (i) such compensation and\\nbenefits for staff; (ii) instruction and for pupil services, including\\ncosts for purchases, library services, instructional materials, and all\\nother school-based instructional and instructional support costs\\nattributable to other than personal services; (iii) administrative and\\nnon-instructional cost and (iv) extra-curricular activities;\\n k. the provision of appropriate technical support and training to\\nschool personnel, parents and other participants in school-based\\nbudgeting;\\n l. a comprehensive planning and monitoring process to promote the\\nimplementation of school-based budgeting;\\n m. an annual update of a capital plan by the superintendent with\\nparticipation of principals and schools, addressing health and safety,\\nmaintenance, capacity and technology; and\\n n. a collaborative school-based planning process involving parents,\\nteachers, other school personnel and, where appropriate, students to\\neffectuate the purposes of this section.\\n * NB Effective until June 30, 2015\\n * § 2590-r. School based budgeting and expenditure reporting. The\\nchancellor shall, in consultation with the city board and community\\ndistrict superintendents, establish in regulations a comprehensive\\nprocess of school-based budgeting and expenditure reporting no later\\nthan November first, nineteen hundred ninety-eight. Notwithstanding any\\nprovision of section twenty-five hundred ninety-q of this article to the\\ncontrary, such regulations shall include provisions for:\\n a. the allocation of projected revenues among community districts and\\ntheir schools on the basis of objective formulae developed by the\\nchancellor, after consultation with the community boards, community\\nsuperintendents and the mayor, and approved by the city board, such\\nformulae shall reflect the relative educational needs of the community\\ndistricts and their schools to the maximum extent feasible;\\n b. the principal of each school to propose a school-based expenditure\\nbudget, after soliciting input pursuant to section twenty-five hundred\\nninety-h, and twenty-five hundred ninety-i of this article on budget\\npriorities from all members of the school community;\\n c. the review, modification and approval of the proposed school budget\\nby the community superintendent;\\n d. within amounts estimated by the chancellor, the aggregation of the\\nproposed school-based budgets, as modified and approved by the community\\nsuperintendent, with a proposed budget for the administrative and\\noperational expenses of the community superintendent and community\\nboard, as developed by the community superintendent, for submission to\\nthe chancellor;\\n e. the chancellor to develop a school-based budgeting process for\\nschools under his or her jurisdiction consistent with this section;\\n f. the aggregation of the community district budgets, as modified and\\napproved by the chancellor, with a proposed budget for administrative\\nand operational expenditures of the city board and the chancellor, as\\nprepared by the chancellor, for submission to and adoption by the city\\nboard after a public hearing;\\n g. after final adoption of the budget for the city district by the\\nmayor and city council, a process of distributing any reductions or\\nincreases required by such adoption in an equitable manner which\\nconsiders the relative needs of community districts and schools to the\\nmaximum extent feasible and for modifying the proposed budget\\naccordingly. Such process shall include an analysis of the relative\\nfunding levels of the state, the city, the federal government, and other\\nsources of funds; a comparison of the level of such funding against\\nprevious years' total appropriations and actual expenditures; and an\\nanalysis of the distribution of funds;\\n h. a comprehensive system of public reporting on the final enacted\\nbudget including the levels of appropriation provided by the city, the\\nstate and the federal government with a comparison of the level of such\\nfunding against previous years' totals, and an explanation of the final\\nbudget;\\n i. procedures for schools, superintendents and the chancellor to\\nmodify and reallocate monies in the enacted budget;\\n j. a uniform system of budget requests, reports and appropriations.\\nSuch units of appropriation shall include (i) such compensation and\\nbenefits for staff; (ii) instruction and for pupil services, including\\ncosts for purchases, library services, instructional materials, and all\\nother school-based instructional and instructional support costs\\nattributable to other than personal services; (iii) administrative and\\nnon-instructional cost and (iv) extra-curricular activities;\\n k. the provision of appropriate technical support and training to\\nschool personnel, parents and other participants in school-based\\nbudgeting;\\n l. a comprehensive planning and monitoring process to promote the\\nimplementation of school-based budgeting;\\n m. an annual update of a capital plan by the superintendent with\\nparticipation of principals and schools, addressing health and safety,\\nmaintenance, capacity and technology; and\\n n. a collaborative school-based planning process involving parents,\\nteachers, other school personnel and, where appropriate, students to\\neffectuate the purposes of this section.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-S", "title" : "Prompt payment of salaries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2590-S", "activeDate" : "2014-09-22", "sequenceNo" : 996, "repealedDate" : null, "fromSection" : "2590-S", "toSection" : "2590-S", "text" : " § 2590-s. Prompt payment of salaries. In a city with a population of\\none million or more, all employees of the board of education shall be\\npaid the amount of compensation due them pursuant to collective\\nbargaining agreements, except as is otherwise provided in section three\\nthousand eleven of this chapter. If such payments are not made on the\\ndates so required, interest shall be recovered beginning thirty days,\\nfollowing the later of the effective date of this section or the\\nrequired payment date through the day that payment is in fact tendered.\\nIn the case of a salary differential, the date compensation is due shall\\nbe defined as thirty days following the date an employee's application\\nis filed by the employee with the board of education of the city of New\\nYork. Interest shall be computed at the rate set forth in paragraph one\\nof subsection (e) of section one thousand ninety-six of the tax law and\\nshall be added to any compensation amounts referred to in this section\\nthat have not been paid when owed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-T", "title" : "New York city comptroller audits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2022-07-08", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-T", "activeDate" : "2014-09-22", "sequenceNo" : 997, "repealedDate" : null, "fromSection" : "2590-T", "toSection" : "2590-T", "text" : " * § 2590-t. New York city comptroller audits. The comptroller of the\\ncity of New York shall have the authority to conduct operational and\\nprogrammatic audits, in addition to financial audits, of the city\\ndistrict to the same extent that such comptroller has such authority for\\nagencies of the city of New York.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2590-U", "title" : "New York city independent budget office reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-04-19", "2023-09-22", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2590-U", "activeDate" : "2014-09-22", "sequenceNo" : 998, "repealedDate" : null, "fromSection" : "2590-U", "toSection" : "2590-U", "text" : " * § 2590-u. New York city independent budget office reports. 1. The\\nindependent budget office of the city of New York shall be authorized to\\nprovide analysis and issue public reports regarding financial and\\neducational matters of the city district, to enhance official and public\\nunderstanding of such matters including but not limited to:\\n (a) student graduation and dropout data;\\n (b) student enrollment projections;\\n (c) school utilization, class sizes and pupil-to-teacher ratios;\\n (d) student assessment data;\\n (e) the delivery of services to students who are in bilingual or\\nEnglish as a second language programs;\\n (f) the delivery of services to students with disabilities;\\n (g) the utilization of federal funds including funds pursuant to title\\nI of the Elementary and Secondary Education Act of nineteen hundred\\nsixty-five, as amended, directed at parental involvement; and\\n (h) matters relating to city district finances.\\n 2. In addition to the appropriation available pursuant to section two\\nhundred fifty-nine of the New York city charter, the city of New York\\nshall appropriate during each fiscal year an amount to the independent\\nbudget office of the city of New York not less than two and one-half per\\ncentum of the appropriations available to pay for the expenses of the\\noffice of management and budget of the city of New York during each\\nfiscal year, to carry out the duties and functions assigned in this\\nsubdivision.\\n 3. The director of the independent budget office of the city of New\\nYork shall be authorized to secure such information, data, estimates and\\nstatistics from the city board and the chancellor as such director\\ndetermines to be necessary for the performance of the functions and\\nduties of such office, and the city board and the chancellor shall\\nprovide such information, to the extent that it is available, in a\\ntimely fashion. The director of the independent budget office of the\\ncity of New York shall not be entitled to obtain records which are\\nprotected by the privileges for attorney-client communications, attorney\\nwork product, and material prepared for litigation.\\n 4. The director of the independent budget office of the city of New\\nYork shall ensure that such office uses up-to-date appropriate and\\nprofessionally accepted methodologies in producing annual data reports\\nrelated to the city district and that such methodologies used are\\nidentified in such reports.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 23 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A53", "title" : "School Elections In City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-11-15", "2023-09-22", "2024-05-03", "2024-05-31" ], "docLevelId" : "53", "activeDate" : "2014-09-22", "sequenceNo" : 999, "repealedDate" : null, "fromSection" : "2601", "toSection" : "2613", "text" : " ARTICLE 53\\n SCHOOL ELECTIONS IN CITY SCHOOL DISTRICTS OF CITIES WITH LESS\\n THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS\\nSection 2601. Application of article.\\n 2601-a. Procedures for adoption of school budgets in small city\\n school districts.\\n 2602. Annual and special school district meetings.\\n 2603. Qualifications of voters.\\n 2604. Division of city school district into school election\\n districts; elections held in schoolhouses.\\n 2606. Registration of voters.\\n 2607. Inspectors of election; organization.\\n 2608. Nomination and ballot.\\n 2609. Conduct of election; challenges.\\n 2610. Canvass of votes and return to board of education;\\n declaration of result.\\n 2611. Use of voting machines.\\n 2613. Absentee ballots.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2601", "title" : "Application of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "2601", "activeDate" : "2014-09-22", "sequenceNo" : 1000, "repealedDate" : null, "fromSection" : "2601", "toSection" : "2601", "text" : " § 2601. Application of article. This article shall apply to each city\\nschool district of a city which has less than one hundred twenty-five\\nthousand inhabitants, according to the latest federal census, except as\\notherwise provided in section twenty-six hundred one-a of this chapter\\nand except as otherwise provided by subdivision nine or nine-a of\\nsection twenty-five hundred two of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2601-A", "title" : "Procedures for adoption of school budgets in small city school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2018-08-31", "2019-04-19" ], "docLevelId" : "2601-A", "activeDate" : "2014-09-22", "sequenceNo" : 1001, "repealedDate" : null, "fromSection" : "2601-A", "toSection" : "2601-A", "text" : " * § 2601-a. Procedures for adoption of school budgets in small city\\nschool districts. 1. The board of education of each city school district\\nsubject to this article shall provide for the submission of a budget for\\napproval of the voters pursuant to the provisions of this section and in\\naccordance with the requirements set forth in section two thousand\\ntwenty-three-a of this title.\\n 2. The board of education shall conduct all annual and special school\\ndistrict meetings for the purpose of adopting a school district budget\\nin the same manner as a union free school district in accordance with\\nthe provisions of article forty-one of this title, except as otherwise\\nprovided by this section. The annual meeting and election of each such\\ncity school district shall be held on the third Tuesday of May in each\\nyear, provided, however that such annual meeting and election shall be\\nheld on the second Tuesday in May if the commissioner at the request of\\na local school board certifies no later than March first that such\\nelection would conflict with religious observances, and any school\\nbudget revote shall be held on the date and in the same manner specified\\nin subdivision three of section two thousand seven of this title. The\\nprovisions of this article, and where applicable subdivisions nine and\\nnine-a of section twenty-five hundred two of this title, governing the\\nqualification and registration of voters, and procedures for the\\nnomination and election of members of the board of education shall\\ncontinue to apply, and shall govern the qualification and registration\\nof voters and voting procedures with respect to the adoption of a school\\ndistrict budget.\\n 3. The board of education shall prepare a proposed school district\\nbudget for the ensuing year in accordance with the provisions of section\\nseventeen hundred sixteen of this chapter, including all provisions\\nrelating to required notices and appendices to the statement of\\nexpenditures. No board of education shall incur a school district\\nliability except as authorized by the provisions of section seventeen\\nhundred eighteen of this chapter. Such proposed budget shall be\\npresented in three components: a program component, a capital component\\nand an administrative component which shall be separately delineated in\\naccordance with regulations of the commissioner after consultation with\\nlocal school district officials. The administrative component shall\\ninclude, but need not be limited to, office and central administrative\\nexpenses, traveling expenses and all compensation, salaries and benefits\\nof all school administrators and supervisors, including business\\nadministrators, superintendents of schools and deputy, assistant,\\nassociate or other superintendents under all existing employment\\ncontracts or collective bargaining agreements, any and all expenditures\\nassociated with the operation of the board of education, the office of\\nthe superintendent of schools, general administration, the school\\nbusiness office, consulting costs not directly related to direct student\\nservices and programs, planning and all other administrative activities.\\nThe program component shall include, but need not be limited to, all\\nprogram expenditures of the school district, including the salaries and\\nbenefits of teachers and any school administrators or supervisors who\\nspend a majority of their time performing teaching duties, and all\\ntransportation operating expenses. The capital component shall include,\\nbut need not be limited to, all transportation capital, debt service,\\nand lease expenditures; costs resulting from judgments in tax certiorari\\nproceedings or the payment of awards from court judgments,\\nadministrative orders or settled or compromised claims; and all\\nfacilities costs of the school district, including facilities lease\\nexpenditures, the annual debt service and total debt for all facilities\\nfinanced by bonds and notes of the school district, and the costs of\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof school buildings, provided that such budget shall include a rental,\\noperations and maintenance section that includes base rent costs, total\\nrent costs, operation and maintenance charges, cost per square foot for\\neach facility leased by the school district, and any and all\\nexpenditures associated with custodial salaries and benefits, service\\ncontracts, supplies, utilities, and maintenance and repairs of school\\nfacilities. For the purposes of the development of a budget for the\\nnineteen hundred ninety-seven--ninety-eight school year, the board of\\neducation shall separate its program, capital and administrative costs\\nfor the nineteen hundred ninety-six--ninety-seven school year in the\\nmanner as if the budget for such year had been presented in three\\ncomponents. Except as provided in subdivision four of this section,\\nnothing in this section shall preclude the board, in its discretion,\\nfrom submitting additional items of expenditure to the voters for\\napproval as separate propositions or the voters from submitting\\npropositions pursuant to sections two thousand eight and two thousand\\nthirty-five of this chapter subject to the requirements set forth in\\nsubdivision nine of section two thousand twenty-three-a of this part.\\n 4. The budget adoption process shall conform to the requirements set\\nforth in section two thousand twenty-three-a of this title. In the event\\nthe qualified voters of the district reject the budget proposed pursuant\\nto subdivision three of this section, the board may propose to the\\nvoters a revised budget pursuant to subdivision three of section two\\nthousand seven of this title or may adopt a contingency budget pursuant\\nto subdivision five of this section and subdivision five of section two\\nthousand twenty-two of this title. The school district budget for any\\nschool year, or any part of such budget or any propositions involving\\nthe expenditure of money for such school year shall not be submitted for\\na vote of the qualified voters more than twice. In the event the\\nqualified voters reject the resubmitted budget, the board shall adopt a\\ncontingency budget in accordance with subdivision five of this section\\nand subdivision five of such section two thousand twenty-two of this\\ntitle.\\n 5. If the qualified voters fail or refuse to vote the sum estimated to\\nbe necessary for teachers' salaries and other ordinary contingent\\nexpenses, the board shall adopt a contingency budget in accordance with\\nthis subdivision and shall levy a tax for that portion of such sum\\nremaining after applying thereto the moneys received or to be received\\nfrom state, federal or other sources, in the same manner as if the\\nbudget had been approved by the qualified voters; subject to the\\nlimitations imposed in subdivision four of section two thousand\\ntwenty-three of this chapter, subdivision eight of section two thousand\\ntwenty-three-a of this title and this subdivision. The administrative\\ncomponent shall not comprise a greater percentage of the contingency\\nbudget exclusive of the capital component than the lesser of (1) the\\npercentage the administrative component had comprised in the prior year\\nbudget exclusive of the capital component; or (2) the percentage the\\nadministrative component had comprised in the last proposed defeated\\nbudget exclusive of the capital component. Such contingency budget shall\\ninclude the sum determined by the board to be necessary for:\\n (a) teachers' salaries, including the salaries of all members of the\\nteaching and supervising staff;\\n (b) items of expense specifically authorized by statute to be incurred\\nby the board of education, including, but not limited to, expenditures\\nfor transportation to and from regular school programs included as\\nordinary contingent expenses in subdivision twelve of section\\ntwenty-five hundred three of this chapter, expenditures for textbooks,\\nrequired services for non-public school students, school health\\nservices, special education services, kindergarten and nursery school\\nprograms, and the district's share of the administrative costs and costs\\nof services provided by a board of cooperative educational services;\\n (c) items of expense for legal obligations of the district, including,\\nbut not limited to, contractual obligations, debt service, court orders\\nor judgments, orders of administrative bodies or officers, and standards\\nand requirements of the board of regents and the commissioner that have\\nthe force and effect of law;\\n (d) the purchase of library books and other instructional materials\\nassociated with a library;\\n (e) items of expense necessary to maintain the educational programs of\\nthe district, preserve the property of the district or protect the\\nhealth and safety of students and staff, including, but not limited to,\\nsupport services, pupil personnel services, the necessary salaries for\\nthe necessary number of non-teaching employees, necessary legal\\nexpenses, water and utility charges, instructional supplies for\\nteachers' use, emergency repairs, temporary rental of essential\\nclassroom facilities, and expenditures necessary to advise school\\ndistrict voters concerning school matters; and\\n (f) expenses incurred for interschool athletics, field trips and other\\nextracurricular activities; and\\n (g) any other item of expense determined by the commissioner to be an\\nordinary contingent expense in any school district.\\n 6. The commissioner shall determine appeals raising questions as to\\nwhat items of expenditure are ordinary contingent expenses pursuant to\\nsubdivision five of this section in accordance with section two thousand\\ntwenty-four and three hundred ten of this chapter.\\n 7. Each year, the board of education shall prepare a school district\\nreport card, pursuant to regulations of the commissioner, and shall make\\nit publicly available by transmitting it to local newspapers of general\\ncirculation, appending it to copies of the proposed budget made publicly\\navailable as required by law, making it available for distribution at\\nthe annual meeting, and otherwise disseminating it as required by the\\ncommissioner. Such report card shall include measures of the academic\\nperformance of the school district, on a school by school basis, and\\nmeasures of the fiscal performance of the district, as prescribed by the\\ncommissioner. Pursuant to regulations of the commissioner, the report\\ncard shall also compare these measures to statewide averages for all\\npublic schools, and statewide averages for public schools of comparable\\nwealth and need, developed by the commissioner. Such report card shall\\ninclude, at a minimum, any information on the school district regarding\\npupil performance and expenditure per pupil required to be included in\\nthe annual report by the regents to the governor and the legislature\\npursuant to section two hundred fifteen-a of this chapter; and any other\\ninformation required by the commissioner. School districts (i)\\nidentified as having fifteen percent or more of their students in\\nspecial education, or (ii) which have fifty percent or more of their\\nstudents with disabilities in special education programs or services\\nsixty percent or more of the school day in a general education building,\\nor (iii) which have eight percent or more of their students with\\ndisabilities in special education programs in public or private separate\\neducational settings shall indicate on their school district report card\\ntheir respective percentages as defined in this paragraph and paragraphs\\n(i) and (ii) of this subdivision as compared to the statewide average.\\n * NB Effective until June 16, 2016\\n * § 2601-a. Procedures for adoption of school budgets in small city\\nschool districts. 1. The board of education of each city school district\\nsubject to this article shall provide for the submission of a budget for\\napproval of the voters pursuant to the provisions of this section.\\n 2. The board of education shall conduct all annual and special school\\ndistrict meetings for the purpose of adopting a school district budget\\nin the same manner as a union free school district in accordance with\\nthe provisions of article forty-one of this title, except as otherwise\\nprovided by this section. The annual meeting and election of each such\\ncity school district shall be held on the third Tuesday of May in each\\nyear, provided, however that such annual meeting and election shall be\\nheld on the second Tuesday in May if the commissioner at the request of\\na local school board certifies no later than March first that such\\nelection would conflict with religious observances, and any school\\nbudget revote shall be held on the date and in the same manner specified\\nin subdivision three of section two thousand seven of this title. The\\nprovisions of this article, and where applicable subdivisions nine and\\nnine-a of section twenty-five hundred two of this title, governing the\\nqualification and registration of voters, and procedures for the\\nnomination and election of members of the board of education shall\\ncontinue to apply, and shall govern the qualification and registration\\nof voters and voting procedures with respect to the adoption of a school\\ndistrict budget.\\n 3. The board of education shall prepare a proposed school district\\nbudget for the ensuing year in accordance with the provisions of section\\nseventeen hundred sixteen of this chapter, including all provisions\\nrelating to required notices and appendices to the statement of\\nexpenditures. No board of education shall incur a school district\\nliability except as authorized by the provisions of section seventeen\\nhundred eighteen of this chapter. Such proposed budget shall be\\npresented in three components: a program component, a capital component\\nand an administrative component which shall be separately delineated in\\naccordance with regulations of the commissioner after consultation with\\nlocal school district officials. The administrative component shall\\ninclude, but need not be limited to, office and central administrative\\nexpenses, traveling expenses and all compensation, salaries and benefits\\nof all school administrators and supervisors, including business\\nadministrators, superintendents of schools and deputy, assistant,\\nassociate or other superintendents under all existing employment\\ncontracts or collective bargaining agreements, any and all expenditures\\nassociated with the operation of the board of education, the office of\\nthe superintendent of schools, general administration, the school\\nbusiness office, consulting costs not directly related to direct student\\nservices and programs, planning and all other administrative activities.\\nThe program component shall include, but need not be limited to, all\\nprogram expenditures of the school district, including the salaries and\\nbenefits of teachers and any school administrators or supervisors who\\nspend a majority of their time performing teaching duties, and all\\ntransportation operating expenses. The capital component shall include,\\nbut need not be limited to, all transportation capital, debt service,\\nand lease expenditures; costs resulting from judgments in tax certiorari\\nproceedings or the payment of awards from court judgments,\\nadministrative orders or settled or compromised claims; and all\\nfacilities costs of the school district, including facilities lease\\nexpenditures, the annual debt service and total debt for all facilities\\nfinanced by bonds and notes of the school district, and the costs of\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof school buildings, provided that such budget shall include a rental,\\noperations and maintenance section that includes base rent costs, total\\nrent costs, operation and maintenance charges, cost per square foot for\\neach facility leased by the school district, and any and all\\nexpenditures associated with custodial salaries and benefits, service\\ncontracts, supplies, utilities, and maintenance and repairs of school\\nfacilities. For the purposes of the development of a budget for the\\nnineteen hundred ninety-seven--ninety-eight school year, the board of\\neducation shall separate its program, capital and administrative costs\\nfor the nineteen hundred ninety-six--ninety-seven school year in the\\nmanner as if the budget for such year had been presented in three\\ncomponents. Except as provided in subdivision four of this section,\\nnothing in this section shall preclude the board, in its discretion,\\nfrom submitting additional items of expenditure to the voters for\\napproval as separate propositions or the voters from submitting\\npropositions pursuant to sections two thousand eight and two thousand\\nthirty-five of this chapter.\\n 4. In the event the qualified voters of the district reject the budget\\nproposed pursuant to subdivision three of this section, the board may\\npropose to the voters a revised budget pursuant to subdivision three of\\nsection two thousand seven of this title or may adopt a contingency\\nbudget pursuant to subdivision five of this section and subdivision five\\nof section two thousand twenty-two of this title. The school district\\nbudget for any school year, or any part of such budget or any\\npropositions involving the expenditure of money for such school year\\nshall not be submitted for a vote of the qualified voters more than\\ntwice. In the event the qualified voters reject the resubmitted budget,\\nthe board shall adopt a contingency budget in accordance with\\nsubdivision five of this section and subdivision five of such section\\ntwo thousand twenty-two of this title.\\n 5. If the qualified voters fail or refuse to vote the sum estimated to\\nbe necessary for teachers' salaries and other ordinary contingent\\nexpenses, the board shall adopt a contingency budget in accordance with\\nthis subdivision and shall levy a tax for that portion of such sum\\nremaining after applying thereto the moneys received or to be received\\nfrom state, federal or other sources, in the same manner as if the\\nbudget had been approved by the qualified voters; subject to the\\nlimitations imposed in subdivision four of section two thousand\\ntwenty-three of this chapter and this subdivision. The administrative\\ncomponent shall not comprise a greater percentage of the contingency\\nbudget exclusive of the capital component than the lesser of (1) the\\npercentage the administrative component had comprised in the prior year\\nbudget exclusive of the capital component; or (2) the percentage the\\nadministrative component had comprised in the last proposed defeated\\nbudget exclusive of the capital component. Such contingency budget shall\\ninclude the sum determined by the board to be necessary for:\\n (a) teachers' salaries, including the salaries of all members of the\\nteaching and supervising staff;\\n (b) items of expense specifically authorized by statute to be incurred\\nby the board of education, including, but not limited to, expenditures\\nfor transportation to and from regular school programs included as\\nordinary contingent expenses in subdivision twelve of section\\ntwenty-five hundred three of this chapter, expenditures for textbooks,\\nrequired services for non-public school students, school health\\nservices, special education services, kindergarten and nursery school\\nprograms, and the district's share of the administrative costs and costs\\nof services provided by a board of cooperative educational services;\\n (c) items of expense for legal obligations of the district, including,\\nbut not limited to, contractual obligations, debt service, court orders\\nor judgments, orders of administrative bodies or officers, and standards\\nand requirements of the board of regents and the commissioner that have\\nthe force and effect of law;\\n (d) the purchase of library books and other instructional materials\\nassociated with a library;\\n (e) items of expense necessary to maintain the educational programs of\\nthe district, preserve the property of the district or protect the\\nhealth and safety of students and staff, including, but not limited to,\\nsupport services, pupil personnel services, the necessary salaries for\\nthe necessary number of non-teaching employees, necessary legal\\nexpenses, water and utility charges, instructional supplies for\\nteachers' use, emergency repairs, temporary rental of essential\\nclassroom facilities, and expenditures necessary to advise school\\ndistrict voters concerning school matters; and\\n (f) expenses incurred for interschool athletics, field trips and other\\nextracurricular activities; and\\n (g) any other item of expense determined by the commissioner to be an\\nordinary contingent expense in any school district.\\n 6. The commissioner shall determine appeals raising questions as to\\nwhat items of expenditure are ordinary contingent expenses pursuant to\\nsubdivision five of this section in accordance with section two thousand\\ntwenty-four and three hundred ten of this chapter.\\n 7. Each year, the board of education shall prepare a school district\\nreport card, pursuant to regulations of the commissioner, and shall make\\nit publicly available by transmitting it to local newspapers of general\\ncirculation, appending it to copies of the proposed budget made publicly\\navailable as required by law, making it available for distribution at\\nthe annual meeting, and otherwise disseminating it as required by the\\ncommissioner. Such report card shall include measures of the academic\\nperformance of the school district, on a school by school basis, and\\nmeasures of the fiscal performance of the district, as prescribed by the\\ncommissioner. Pursuant to regulations of the commissioner, the report\\ncard shall also compare these measures to statewide averages for all\\npublic schools, and statewide averages for public schools of comparable\\nwealth and need, developed by the commissioner. Such report card shall\\ninclude, at a minimum, any information on the school district regarding\\npupil performance and expenditure per pupil required to be included in\\nthe annual report by the regents to the governor and the legislature\\npursuant to section two hundred fifteen-a of this chapter; and any other\\ninformation required by the commissioner. School districts (i)\\nidentified as having fifteen percent or more of their students in\\nspecial education, or (ii) which have fifty percent or more of their\\nstudents with disabilities in special education programs or services\\nsixty percent or more of the school day in a general education building,\\nor (iii) which have eight percent or more of their students with\\ndisabilities in special education programs in public or private separate\\neducational settings shall indicate on their school district report card\\ntheir respective percentages as defined in this paragraph and paragraphs\\n(i) and (ii) of this subdivision as compared to the statewide average.\\n * NB Effective June 16, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2602", "title" : "Annual and special school district meetings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-07-14", "2017-08-18", "2019-11-15" ], "docLevelId" : "2602", "activeDate" : "2014-09-22", "sequenceNo" : 1002, "repealedDate" : null, "fromSection" : "2602", "toSection" : "2602", "text" : " § 2602. Annual and special school district meetings. 1. Except as\\notherwise provided in this chapter, including the provisions of this\\narticle, an annual school election shall be held on the same day as the\\nannual budget vote pursuant to the provisions of article forty-one of\\nthis chapter in each city school district, except that the city school\\ndistrict of the city of Albany shall conduct its annual election\\nseparately on the day specified in subdivision nine of section\\ntwenty-five hundred two of this chapter.\\n 2. Except as otherwise provided in section twenty-six hundred one-a\\nof this article, special school district meetings may be called in each\\ncity school district by the board of education thereof in accordance\\nwith sections two thousand four and two thousand seven of this chapter,\\nwhenever such board shall deem it necessary and proper.\\n 3. Notwithstanding any provisions of article forty-one of this\\nchapter to the contrary, the polls of such annual and special district\\nmeetings shall be open during such consecutive hours, not less than\\nnine, beginning not earlier than seven o'clock in the forenoon, and two\\nof which hours shall be after six o'clock in the evening, as the board\\nof education shall by resolution determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2603", "title" : "Qualifications of voters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2603", "activeDate" : "2014-09-22", "sequenceNo" : 1003, "repealedDate" : null, "fromSection" : "2603", "toSection" : "2603", "text" : " § 2603. Qualifications of voters. A person shall be entitled to vote\\nat a school election in a city school district who is:\\n 1. A citizen of the United States.\\n 2. Eighteen years of age.\\n 3. a. A resident of the state and of the city school district for\\nthirty days next preceding the election.\\n b. Where territory is added to a city school district by consolidation\\nor alteration of boundaries pursuant to article thirty-one of this\\nchapter, residence in the territory so added shall be and shall be\\ndeemed to be residence in the city school district for the purposes of\\nthis section.\\n c. Notwithstanding the foregoing provisions of this subdivision, no\\nIndian who shall have resided on the Allegany Indian reservation for a\\nperiod of thirty days preceding the election at which he offers to vote,\\nshall be deemed ineligible to vote at any such election in the city\\nschool district of the city of Salamanca because of his residence on\\npart of such reservation located outside of such city school district.\\n 4. No person shall have the right to register for or vote at any\\nschool meeting or election who would not be qualified to register for or\\nvote at an election in accordance with the provisions of section 5-106\\nof the election law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2604", "title" : "Division of city school district into school election districts; elections held in schoolhouses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2604", "activeDate" : "2014-09-22", "sequenceNo" : 1004, "repealedDate" : null, "fromSection" : "2604", "toSection" : "2604", "text" : " § 2604. Division of city school district into school election\\ndistricts; elections held in schoolhouses. The board of education of\\neach city school district shall adopt a resolution on or before the\\nfirst day of April, preceding the first annual school election held\\nhereunder, dividing the city school district into school election\\ndistricts. The city school district shall be so divided that if\\ncircumstances will permit, school election districts will be coterminous\\nwith one or more general election districts, and that, if practicable,\\nthere shall be a schoolhouse in each election district. The election\\ndistricts thus formed shall continue in existence until modified by\\nresolution of the board of education. Such resolution shall accurately\\ndescribe the boundaries of such election districts by streets, alleys\\nand highways, when practicable. School elections shall be held in such\\nschool election districts so far as may be possible in the public\\nschoolhouses therein. If there is no public schoolhouse in a school\\nelection district, the board of education shall by resolution designate\\nthe place where the election in such district shall be held.\\nNotwithstanding the foregoing provisions of this section, the board of\\neducation of any city school district of a city of less than ten\\nthousand inhabitants may, by resolution, designate the entire city\\nschool district as a single school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2606", "title" : "Registration of voters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2606", "activeDate" : "2014-09-22", "sequenceNo" : 1005, "repealedDate" : null, "fromSection" : "2606", "toSection" : "2606", "text" : " § 2606. Registration of voters. 1. The board of education except in\\nthose city school districts which have adopted a resolution pursuant to\\nsection twenty-five hundred thirty-one of this chapter, shall, on or\\nbefore the fifteenth day of February in each year, appoint a board of\\nregistration for a term of one year, consisting of as many members as\\nthe board shall deem necessary, not more than half of whom shall belong\\nto the same political party, and shall designate a place within the city\\nschool district where such board of registration shall attend for the\\npurpose of preparing a register for each school election district. Each\\nmember of the board of registration shall be entitled to compensation at\\na rate not to exceed that paid at general elections in the city.\\n 2. The board of registration of such city school district shall meet\\nat the designated place for the purpose of preparing the registers for\\nsuch election on such day or days as shall be fixed by the board of\\neducation, the last day of which, however, shall not be less than two\\nweeks preceding each school election, at such hours as the board of\\neducation shall by resolution designate at least twenty days before the\\nfirst registration day, which hours shall include at least four hours\\nbetween seven o'clock in the morning and eight o'clock in the evening.\\nThe registers shall, so far as practicable, be in the same form as the\\nregister of voters in an election district for a general election in a\\ncity or village having five thousand inhabitants or more, under the\\nelection law. Such registers shall be arranged alphabetically by the\\nfirst letter of surnames, and the place of residence by street and\\nnumber, or by a description accurately locating such place of residence,\\nof each person entered in such registers shall be given.\\n Notwithstanding any other general or special law, the board of\\nregistration shall have the power to require the board of elections or\\nother authority having lawful custody of the register or registers used\\nat the general elections last preceding such school election to turn\\nover such register or registers to such board of registration on or\\nbefore March first of each year for use on the date or dates of such\\nregistration and election, for the purpose of preparing the school\\ndistrict registers therefrom. Such board of elections or other authority\\nmay, however, elect to furnish, in place of the original registers\\neither a duplicate of the central file registration records, or a list\\nof registered voters, certified to be a complete and accurate copy of\\nthe names and addresses of all persons entered in such register for the\\nlast preceding general election as well as the names of persons who have\\nregistered with such board of elections or other authority up to five\\ndays before the date of furnishing such list. On the day following the\\nday of the election, the general election register or registers shall be\\nreturned to the authority from whom such register or registers were\\nsecured. In addition, the board of registration shall include in each\\nschool district register, the names and addresses of persons who\\nregistered for any intervening school district election, but who were\\nnot registered for the preceding general election. The board of\\nregistration shall, for each election of the school district, add to\\nsuch registers the names of the qualified voters of the school district\\nwho shall present themselves personally for registration. Only those\\nqualified voters who are not registered under permanent personal\\nregistration on or before the last registration day found on the\\noriginal or duplicate registers or records or list furnished by the\\nboard of elections and have not voted at an intervening school district\\nelection, shall be required to present themselves personally for\\nregistration.\\n 3. All the provisions of the election law in relation to the\\nregistration of voters in a city or village having five thousand\\ninhabitants or more, shall so far as practicable and consistent with the\\nprovisions of this article, apply to the registration provided for in\\nthis section.\\n 4. The district clerk shall furnish the necessary registration\\nmaterial to the board of registration at the expense of the school\\ndistrict.\\n 5. The board of education shall publish a notice of registration at\\nleast once in each of the two weeks preceding the first registration day\\ndesignated, in a newspaper having a general circulation in the city\\nschool district; or, at least two weeks preceding the first registration\\nday designated, the board shall post a printed copy of the notice\\nconspicuously in twenty places frequented by the public within such\\ndistrict. Such notice shall state that at a place and hour or hours at\\nwhich the board of registration shall meet to prepare the school\\nelection district registers, any person who has not currently registered\\nunder permanent personal registration by the last date found on such\\noriginal or duplicate registers, or records, or list furnished by the\\nboard of elections, and has not voted at an intervening election, must,\\nin order to be entitled to vote, present himself personally for\\nregistration. Such notice shall state the last date found on such\\noriginal or duplicate registers or records or list furnished by the\\nboard of elections.\\n 6. The registers prepared as provided in this section shall,\\nimmediately upon completion and not less than two weeks prior to the\\ntime set for the school election at which they are to be used, be filed\\nin the office of the clerk of the board of education, and thereafter\\nshall at all reasonable times be open to inspection by any qualified\\nvoter of the school district. Upon the filing of such registers, the\\nboard of education shall publish at least once in each of the two weeks\\npreceding such election in a newspaper having a general circulation in\\nthe city school district, or shall post conspicuously in twenty places\\nfrequented by the public within the school district, a notice stating\\nthat the school election district registers have been filed and noting\\nthe place at which they are on file and the hours during which they will\\nbe open for inspection in each day up to the day set for the election.\\n 7. Any person who is duly qualified to vote and who registered for the\\npreceding general election or any intervening school district election,\\nand whose name was by mistake, error or neglect of the board of\\nregistration, omitted from the school election district register, may at\\nany time either before or during election day request the clerk of the\\nboard of education to place the name of such voter on the appropriate\\nregister. If the clerk of the board of education shall find that such an\\nomission has been made, he shall place the voter's name on the register.\\nIn the event of the failure, refusal or neglect of the clerk of the\\nboard of education to comply with such request, a court, justice or\\njudge in a proceeding instituted by such voter may grant an order\\ncompelling such clerk forthwith to enter the voter's name on the\\nregister.\\n 8. A qualified voter may, upon the examination of the registers, file\\na challenge of the qualifications as a voter of any person whose name\\nappears on such registers. Such challenges shall be written, shall be\\nunder oath and shall be on blanks to be furnished by the board of\\neducation.\\n 9. Challenges shall be received and preserved by the clerk of the\\nboard or other person designated by the board, and upon receipt thereof,\\nthe clerk shall file such challenge or copy thereof with the register,\\nand shall place the words \"to be challenged on the day of election\"\\nopposite the name of such person on the register.\\n 10. The clerk of the board of education shall cause a copy of the\\nappropriate register of such school district to be delivered on the day\\nof the election before the opening of the polls to the inspectors of\\nelection at each voting place within the district at the place or places\\nwhere the election is to be held.\\n 11. School elections in any school district subject to the provisions\\nof this article, shall hereafter be conducted in the manner provided in\\nthis article, and no person shall be entitled to vote whose name does\\nnot appear upon the register of the school election district in which he\\nclaims to be entitled to vote.\\n Any person who has moved from one school election district to another,\\nin the same city school district and who has not registered in the new\\nschool election district, and who is still registered in the district\\nfrom which he moved, may vote in the election district in which he is\\nregistered. Such person must at the time of voting advise the election\\ninspectors of his new address and they shall advise the board of\\nregistration to correct such registration.\\n 12. The provisions of this section shall not apply with respect to any\\nperson registered to vote pursuant to the provisions of section three\\nhundred fifty-two of the election law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2607", "title" : "Inspectors of election; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2607", "activeDate" : "2014-09-22", "sequenceNo" : 1006, "repealedDate" : null, "fromSection" : "2607", "toSection" : "2607", "text" : " § 2607. Inspectors of election; organization. Not less than ten days\\nprior to each special or annual election, the board of education shall\\nappoint for each election district three qualified voters residing\\ntherein to act as inspectors of election in such election district at\\nsuch election. The clerk of the board of education shall give written\\nnotice of appointment to the persons so appointed. If a person appointed\\nan inspector of election refuses to accept such appointment or fails to\\nserve, the board may appoint a qualified voter of the school election\\ndistrict to fill the vacancy. Additional inspectors of elections for\\neach district may be appointed for one or more of such school election\\ndistricts when, in the opinion of the board, special circumstances exist\\nrequiring the services of such additional inspectors. Such inspectors\\nshall, before opening the polls in the election district for which they\\nare appointed, organize by electing one of their number as chairperson\\nand one as poll clerk. The chairperson may also appoint one of the\\ninspectors as an assistant poll clerk. Each inspector shall receive for\\nhis or her services a compensation to be fixed by the board of\\neducation, not to exceed the basic compensation paid to inspectors of\\nelection at the preceding general elections, as fixed by the governing\\nbody of the city in which such school district is wholly or partly\\nlocated, to be paid out of the school funds in the same manner as other\\nclaims against the city school district. Notwithstanding the foregoing\\nprovisions of this section, a person seventeen years of age who is\\nenrolled in a school district and fulfilling the requirements of section\\nthirty-two hundred seven-a of this chapter shall be eligible to be\\nappointed as, and to perform the duties of, an election inspector or\\npoll clerk as provided in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2608", "title" : "Nomination and ballot", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-03-12", "2022-08-05" ], "docLevelId" : "2608", "activeDate" : "2014-09-22", "sequenceNo" : 1007, "repealedDate" : null, "fromSection" : "2608", "toSection" : "2608", "text" : " § 2608. Nomination and ballot. 1. Candidates for members of the board\\nof education in a city school district shall be nominated by petition\\ndirected to the board of education and signed by at least one hundred\\npersons qualified to vote at school elections in such district. Such\\npetition shall contain the names and residences of the candidates for\\nthe vacancies in the board of education to be filled at the annual\\nelection. Where a proposition has been adopted by the voters of such\\ndistrict to require that each vacancy on the board of education to be\\nfilled shall be considered a separate specific office, a separate\\npetition shall be required to nominate a candidate to each separate\\noffice and such petition shall describe the specific vacancy on the\\nboard of education for which the candidate is nominated, which\\ndescription shall include at least the length of the term of office and\\nthe name of the last incumbent, if any. Such petitions shall be filed in\\nthe office of the clerk of the board of education between the hours of\\nnine a.m. and five p.m., on or before the twentieth day preceding the\\nday of the annual election. The clerk shall refuse to accept petitions\\nsigned by an insufficient number of qualified voters, or petitions which\\nare not timely. If a candidate for whom a nominating petition for the\\noffice of member of a board of education has been duly filed withdraws\\nsuch petition, dies or becomes otherwise ineligible to hold such office\\nat a time which is later than fifteen days before the last day for the\\nfiling of nominating petitions as provided in this subdivision, the time\\nfor filing nominating petitions for such office shall be extended to\\nfive p.m. on the fifteenth day after the date on which the candidate\\nwithdrew, died or otherwise became ineligible to hold such office,\\nprovided that no such nominating petition may be filed after five p.m.\\non the seventh day preceding the election.\\n 2. The board of education shall cause to be printed official ballots\\ncontaining the names of all candidates as above provided, except that\\nthe board may refuse to have the names of ineligible candidates placed\\non such ballots. The names of the candidates shall be arranged in the\\norder as determined by the drawing by lot in accordance with the\\nprovisions of paragraph b of subdivision two of section two thousand\\nthirty-two of this law. Blank spaces shall be provided so that voters\\nmay vote for candidates who have not been nominated for the offices to\\nbe filled at such elections. The form of such ballots shall conform\\nsubstantially to the form of ballots used at general elections as\\nprescribed in the election law. Such ballots shall be printed at the\\nexpense of the city school district.\\n 3. There shall be delivered to the inspectors in each school election\\ndistrict on the day of the annual election, before the opening of the\\npolls therein, a supply of such ballots which shall at least equal the\\nnumber of qualified voters entitled to vote in such district.\\n 4. Such ballots shall have printed thereon instructions as to the\\nmarking of the ballots and the number of candidates for the several\\noffices for which a voter is permitted to vote.\\n 5. If official ballots are not furnished as above provided, an\\nelection of members of a board of education in a city school district\\nshall not be declared invalid or illegal because of the use of ballots\\nwhich do not conform to the requirements of this section or of the\\nprovisions of the election law, provided the intent of the voter may be\\nascertained from the use of such irregular or defective ballots and such\\nuse was not fraudulent and did not substantially affect the result of\\nthe election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2609", "title" : "Conduct of election; challenges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2609", "activeDate" : "2014-09-22", "sequenceNo" : 1008, "repealedDate" : null, "fromSection" : "2609", "toSection" : "2609", "text" : " § 2609. Conduct of election; challenges. 1. Such elections shall be\\nconducted, so far as may be, in accordance with the provisions of the\\nelection law, relative to general elections, except as otherwise\\nprovided herein. Ballot boxes shall be provided by the board of\\neducation for each school election district, at least one to contain the\\nballots voted and at least one other for the rejected or defective\\nballots.\\n 2. All persons whose names appear upon the register prepared for such\\nelection as residing in such election district shall be permitted to\\nvote and shall be given ballots for such purpose.\\n Where the general election registers have been turned over to the\\nboard of education, the board may require that the registers be used on\\nelection day for the purpose of verifying the signature of each voter.\\nWhere the board of elections, or other authority having lawful custody\\nof the register or registers, has elected to furnish certified registry\\nlists in place of the original registers, the board of education may\\nrequire that any voter offer evidence to prove his identity before being\\npermitted to vote. In such case, not less than ten days prior to\\nelection day, the board shall establish reasonable rules and regulations\\ngoverning the evidence necessary to prove the identity of each voter.\\n 3. Booths shall be provided and voters shall be required to enter such\\nbooths for the purpose of marking their ballots. The ballots when\\npresented to the inspector shall be folded so as to conceal the names of\\nthe candidates for whom the voter has voted.\\n 4. All voters entitled to vote who are in the place where the election\\nis held at or before the time of closing the polls shall be allowed to\\nvote. The inspectors shall keep a poll list, containing the name and\\naddress of each qualified elector who votes at such election for the\\ncandidates or propositions voted for thereat.\\n 4-a. (a) At each such election there shall be conspicuously placed, by\\nthe inspectors of election, distance markers at a distance of one\\nhundred feet from the polling place. Such distance markers shall\\nindicate the prohibition contained in paragraph (b) of this subdivision\\nand shall be so placed at least one-half hour before the opening of the\\npolls and shall remain until the polls are closed.\\n (b) Where such markers are so placed and the polls are open, no person\\nshall do any electioneering within the polling place, or within one\\nhundred feet therefrom in any public street, or within such distance in\\nany place in a public manner and no banner, poster or placard on behalf\\nof or in opposition to any candidate or issue to be voted upon shall be\\nallowed in or upon the polling place or within one hundred feet\\ntherefrom during the election. For the purposes of this subdivision, the\\none hundred foot distance shall be deemed to include a one hundred foot\\nradial measured from the entrances, designated by the inspectors of\\nelection, to a building where such election is being held. This section\\nshall not be deemed to prohibit the board of trustees or board of\\neducation from displaying within any polling place a copy or copies of\\nany proposition to be voted upon.\\n (c) Any person who wilfully violates the provisions of paragraph (b)\\nof this subdivision shall be guilty of a misdemeanor.\\n 5. Any qualified voter of a city school district may challenge the\\nright of a person to vote at the time when he requests a ballot. All\\npersons named upon the applicable register as having been challenged\\nprior to the day of the election shall also be challenged before they\\nare given ballots to vote. The chairman of the board of inspectors shall\\nadminister to each person so challenged the following oath: \"I do\\nsolemnly swear (or affirm) that I am a citizen of the United States;\\nthat I am of the age of eighteen years or more; that I have been an\\ninhabitant of the State for the past year, a resident of the county for\\nthe past four months and for the thirty days past an actual resident of\\nthis city school district and am therefore qualified to vote at this\\nelection.\" If the person challenged so swears or affirms, he shall be\\npermitted to vote at such election; but if he shall refuse to so swear\\nor affirm, he shall not be given a ballot or be permitted to vote.\\n 6. A person who wilfully swears or affirms falsely as to his right to\\nvote at such election after his right to vote has been challenged is\\nguilty of perjury and may be punished in the manner provided by law for\\nthe punishment of such crime. A person who is not qualified to vote at\\nsuch election who shall vote thereat, although not challenged, shall be\\nguilty of a misdemeanor, punishable by a fine of not less than\\ntwenty-five dollars, or by imprisonment for not less than thirty days,\\nor by both such fine and imprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2610", "title" : "Canvass of votes and return to board of education; declaration of result", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2610", "activeDate" : "2014-09-22", "sequenceNo" : 1009, "repealedDate" : null, "fromSection" : "2610", "toSection" : "2610", "text" : " § 2610. Canvass of votes and return to board of education; declaration\\nof result. 1. Immediately upon the close of the polls the inspectors of\\neach school election district shall count the ballots found in the\\nballot box without unfolding them, except so far as is necessary to\\nascertain that each ballot is single. They shall compare the number of\\nballots found in the ballot box with the number of persons recorded on\\nthe poll list as having voted at the election. If the number of ballots\\nfound in the ballot box shall exceed the number of names, such ballots\\nshall be replaced without being unfolded in the box from which they were\\ntaken and shall be thoroughly mingled in such box and one of the\\ninspectors designated by the board shall then publicly draw out as many\\nballots as shall be equal to the number of excess ballots. The ballots\\nso drawn out shall be enclosed without unfolding in an envelope which\\nshall be sealed and endorsed with a statement of the number of such\\nexcess ballots withdrawn from the box and shall be signed by the\\ninspector who withdrew such ballots. Such envelope with the excess\\nballots therein shall be placed in the box for the defective or spoiled\\nballots.\\n 2. The ballots shall be counted or canvassed by the inspectors in the\\nmanner provided for the canvassing of ballots at a general election\\npursuant to the election law except as otherwise provided herein. The\\nvotes cast for each candidate or proposition shall be tallied and\\ncounted by the inspectors and a statement shall be made containing the\\nnames of each candidate receiving votes in such district and the number\\nof votes cast for each candidate or proposition. Such statement shall\\nalso give the number and describe the ballots which are declared void\\nand shall also specify the number of wholly blank ballots cast. Such\\nstatement shall be signed by the inspectors. The ballots which were\\ndeclared void and not counted shall be enclosed in an envelope which\\nshall be sealed and endorsed as containing void ballots and signed by\\nthe inspectors. Such envelope shall be placed in the ballot box\\ncontaining the defective and spoiled ballots.\\n 3. After the ballots are counted and the statements have been made as\\nrequired herein the ballots shall be replaced in the ballot box. Each\\nbox shall be securely locked and sealed and deposited by an inspector\\ndesignated for the purpose with the clerk of the board of education. The\\nunused ballots shall be placed in a sealed package and returned by the\\ninspector designated for such purpose to such clerk at the same time\\nthat such ballot boxes are delivered to him. The statement of the\\ncanvass of the votes shall be delivered to the clerk of the board of\\neducation either after the close of the polls on the day of the annual\\nor special election or on the day following the annual or special\\nelection as the board of education shall determine by resolution adopted\\nat the last meeting of such board held before such election.\\n 4. The board of education shall meet at the usual place of meeting at\\nsuch time as the statement of the canvass of the votes shall have been\\ndelivered to the clerk of the board of education on the day of the\\nannual or special election or at eight o'clock in the evening of the day\\nfollowing such election and shall forthwith examine and tabulate the\\nstatements of the result of the election in the several school election\\ndistricts. Such board shall canvass the returns as contained in such\\nstatements and shall determine the number of votes cast for each\\ncandidate or proposition in the several school election districts. The\\nboard shall thereupon declare the result of the canvass. The candidates\\nreceiving a plurality of the votes cast respectively for the several\\noffices shall be declared elected. Where more than one office is to be\\nfilled by such election and there is a variance in the length of the\\nterms for which such offices are to be filled as authorized by this\\nchapter, or where one or more persons are to be elected for a full term\\nor terms and one or more persons are to be elected for the unexpired\\nportion of a term or terms, or both, the candidate receiving the largest\\nnumber of votes shall be entitled to the longest term and the candidates\\nreceiving the next highest numbers of votes shall be entitled, in\\ndecreasing order of the respective numbers of votes, to the several\\noffices, in decreasing order of the length of such terms or unexpired\\nportions of terms. The proposition or propositions receiving a majority\\nof the votes cast therefor shall be declared adopted, except as\\notherwise provided by law. The clerk of the board of education shall\\nrecord the result of the election as announced by the board of\\neducation.\\n 5. The clerk of the board of education shall within twenty-four hours\\nafter the result of the election has been declared serve a written\\nnotice either personally or by mail upon each person declared to be\\nelected as a member of the board of education.\\n 6. In the event that more eligible persons than the number remaining\\nto be elected receive, for the same office or offices, an equal number\\nof votes sufficient that fewer persons receiving such number of votes\\nwould be elected, the board of education shall call a special run-off\\nelection to be held within forty-five days following the general or\\nspecial election at which such tie vote was cast to determine which of\\nsuch candidates shall be elected to such office. The only persons who\\nshall be deemed nominated for such run-off election shall be the\\ncandidates who have received such equal number of votes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2611", "title" : "Use of voting machines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2611", "activeDate" : "2014-09-22", "sequenceNo" : 1010, "repealedDate" : null, "fromSection" : "2611", "toSection" : "2611", "text" : " § 2611. Use of voting machines. The board of education of a city\\nschool district may authorize the use of voting machines at a school\\nelection. When such voting machines are used the provisions of section\\ntwo thousand thirty-five of this chapter shall apply to and govern the\\nuse of such machines in such school election.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2613", "title" : "Absentee ballots", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2023-09-22", "2024-01-05", "2024-05-31" ], "docLevelId" : "2613", "activeDate" : "2014-09-22", "sequenceNo" : 1011, "repealedDate" : null, "fromSection" : "2613", "toSection" : "2613", "text" : " § 2613. Absentee ballots. The board of education of each city school\\ndistrict to which this article applies shall provide for absentee\\nballots in accordance with the provisions of section two thousand\\neighteen-a of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A55", "title" : "Regulation By Boards of Education of Conduct On School District Property", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "55", "activeDate" : "2014-09-22", "sequenceNo" : 1012, "repealedDate" : null, "fromSection" : "2801", "toSection" : "2814", "text" : " ARTICLE 55\\nREGULATION BY BOARDS OF EDUCATION OF CONDUCT ON SCHOOL DISTRICT PROPERTY\\nSection 2801. Codes of conduct on school property.\\n 2801-a. School safety plans.\\n 2801-b. New York state school safety improvement teams.\\n 2802. Uniform violent incident reporting system.\\n 2814. Omnibus school violence prevention grant program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2801", "title" : "Codes of conduct on school property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2016-07-01", "2017-07-07", "2017-08-18", "2019-05-03", "2024-05-03", "2024-05-31", "2026-06-05" ], "docLevelId" : "2801", "activeDate" : "2014-09-22", "sequenceNo" : 1013, "repealedDate" : null, "fromSection" : "2801", "toSection" : "2801", "text" : " § 2801. Codes of conduct on school property. 1. For purposes of this\\nsection, school property means in or within any building, structure,\\nathletic playing field, playground, parking lot or land contained within\\nthe real property boundary line of a public elementary or secondary\\nschool; or in or on a school bus, as defined in section one hundred\\nforty-two of the vehicle and traffic law; and a school function shall\\nmean a school-sponsored or school-authorized extra-curricular event or\\nactivity regardless of where such event or activity takes place,\\nincluding any event or activity that may take place in another state.\\n 2. The board of education or the trustees, as defined in section two\\nof this chapter, of every school district within the state, however\\ncreated, and every board of cooperative educational services and county\\nvocational extension board, shall adopt and amend, as appropriate, a\\ncode of conduct for the maintenance of order on school property,\\nincluding a school function, which shall govern the conduct of students,\\nteachers and other school personnel as well as visitors and shall\\nprovide for the enforcement thereof. Such policy may be adopted by the\\nschool board or trustees only after at least one public hearing that\\nprovides for the participation of school personnel, parents, students\\nand any other interested parties. Such code of conduct shall include, at\\na minimum:\\n a. provisions regarding conduct, dress and language deemed appropriate\\nand acceptable on school property, including a school function, and\\nconduct, dress and language deemed unacceptable and inappropriate on\\nschool property, including a school function, and provisions regarding\\nacceptable civil and respectful treatment of teachers, school\\nadministrators, other school personnel, students and visitors on school\\nproperty, including a school function, including the appropriate range\\nof disciplinary measures which may be imposed for violation of such\\ncode, and the roles of teachers, administrators, other school personnel,\\nthe board of education and parents;\\n b. standards and procedures to assure security and safety of students\\nand school personnel;\\n c. provisions for the removal from the classroom and from school\\nproperty, including a school function, of students and other persons who\\nviolate the code;\\n d. disciplinary measures to be taken in incidents involving the\\npossession or use of illegal substances or weapons, the use of physical\\nforce, vandalism, violation of another student's civil rights and\\nthreats of violence;\\n e. provisions for detention, suspension and removal from the classroom\\nof students, consistent with section thirty-two hundred fourteen of this\\nchapter and other applicable federal, state and local laws including\\nprovisions for the school authorities to establish policies and\\nprocedures to ensure the provision of continued educational programming\\nand activities for students removed from the classroom, placed in\\ndetention, or suspended from school;\\n f. procedures by which violations are reported, determined, discipline\\nmeasures imposed and discipline measures carried out;\\n g. provisions ensuring such code and the enforcement thereof are in\\ncompliance with state and federal laws relating to students with\\ndisabilities;\\n h. provisions setting forth the procedures by which local law\\nenforcement agencies shall be notified of code violations which\\nconstitute a crime;\\n i. provisions setting forth the circumstances under and procedures by\\nwhich persons in parental relation to the student shall be notified of\\ncode violations;\\n j. provisions setting forth the circumstances under and procedures by\\nwhich a complaint in criminal court, a juvenile delinquency petition or\\nperson in need of supervision petition as defined in articles three and\\nseven of the family court act will be filed;\\n k. circumstances under and procedures by which referral to appropriate\\nhuman service agencies shall be made;\\n l. a minimum suspension period, for students who repeatedly are\\nsubstantially disruptive of the educational process or substantially\\ninterfere with the teacher's authority over the classroom, provided that\\nthe suspending authority may reduce such period on a case by case basis\\nto be consistent with any other state and federal law. For purposes of\\nthis section, the definition of \"repeatedly are substantially\\ndisruptive\" shall be determined in accordance with the regulations of\\nthe commissioner;\\n m. a minimum suspension period for acts that would qualify the pupil\\nto be defined as a violent pupil pursuant to paragraph a of subdivision\\ntwo-a of section thirty-two hundred fourteen of this chapter, provided\\nthat the suspending authority may reduce such period on a case by case\\nbasis to be consistent with any other state and federal law; and\\n n. provisions to comply with article two of this chapter.\\n * 3. The district code of conduct shall be developed in collaboration\\nwith student, teacher, administrator, and parent organizations, school\\nsafety personnel and other school personnel and shall be approved by the\\nboard of education, or other governing body, or by the chancellor of the\\ncity school district in the case of the city school district of the city\\nof New York. In the city school district of the city of New York, each\\ncommunity district education council shall be authorized to adopt and\\nimplement additional policies, which are consistent with the city\\ndistrict's district-wide code of conduct, to reflect the individual\\nneeds of each community school district provided that such additional\\npolicies shall require the approval of the chancellor.\\n * NB Effective until June 30, 2015\\n * 3. The district code of conduct shall be developed in collaboration\\nwith student, teacher, administrator, and parent organizations, school\\nsafety personnel and other school personnel and shall be approved by the\\nboard of education, or other governing body, or by the chancellor of the\\ncity school district in the case of the city school district of the city\\nof New York. In the city school district of the city of New York, each\\ncommunity school district board shall be authorized to adopt and\\nimplement additional policies, which are consistent with the city\\ndistrict's district-wide code of conduct, to reflect the individual\\nneeds of each community school district provided that such additional\\npolicies shall require the approval of the chancellor.\\n * NB Effective June 30, 2015\\n 4. The board of education, chancellor or other governing body shall\\nprovide copies of a summary of the code of conduct to all students at a\\ngeneral assembly held at the beginning of the school year and shall make\\ncopies of the code available to persons in parental relation to students\\nat the beginning of each school year, and shall mail a plain language\\nsummary of such code to all persons in parental relation to students\\nbefore the beginning of each school year, and make it available\\nthereafter upon request. The board of education, chancellor or other\\ngoverning body shall take reasonable steps to ensure community awareness\\nof the code provisions.\\n 5. a. The board of education, chancellor or other governing body shall\\nannually review and update the district's codes of conduct if necessary,\\ntaking into consideration the effectiveness of code provisions and the\\nfairness and consistency of its administration. Each school district is\\nauthorized to establish a committee and to facilitate the review of the\\ncode of conduct and the district's response to code of conduct\\nviolations. Any such committee shall be comprised of similar individuals\\ndescribed in subdivision three of this section. The school board,\\nchancellor, or other governing body shall reapprove any such updated\\ncode only after at least one public hearing that provides for the\\nparticipation of school personnel, parents, students and any other\\ninterested parties.\\n b. Each district shall file a copy of its codes of conduct with the\\ncommissioner and all amendments to such code shall be filed with the\\ncommissioner no later than thirty days after their adoption.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2801-A", "title" : "School safety plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2016-07-08", "2017-04-21", "2017-08-18", "2019-04-19", "2019-07-05", "2019-11-22", "2020-09-11", "2021-02-19", "2022-06-24", "2024-12-20", "2025-02-21", "2025-07-25", "2025-08-15", "2025-08-22", "2025-09-05", "2025-09-19", "2026-01-23" ], "docLevelId" : "2801-A", "activeDate" : "2014-09-22", "sequenceNo" : 1014, "repealedDate" : null, "fromSection" : "2801-A", "toSection" : "2801-A", "text" : " § 2801-a. School safety plans. 1. The board of education or trustees,\\nas defined in section two of this chapter, of every school district\\nwithin the state, however created, and every board of cooperative\\neducational services and county vocational education and extension board\\nand the chancellor of the city school district of the city of New York\\nshall adopt and amend a comprehensive district-wide school safety plan\\nand building-level school safety plans regarding crisis intervention,\\nemergency response and management, provided that in the city school\\ndistrict of the city of New York, such plans shall be adopted by the\\nchancellor of the city school district. Such plans shall be developed by\\na district-wide school safety team and a building-level school safety\\nteam established pursuant to subdivision four of this section and shall\\nbe in a form developed by the commissioner in consultation with the\\ndivision of criminal justice services, the superintendent of the state\\npolice and any other appropriate state agencies. A school district\\nhaving only one school building, shall develop a single building-level\\nschool safety plan, which shall also fulfill all requirements for\\ndevelopment of a district-wide plan.\\n 2. Such comprehensive district-wide safety plan shall be developed by\\nthe district-wide school safety team and shall include at a minimum:\\n a. policies and procedures for responding to implied or direct threats\\nof violence by students, teachers, other school personnel as well as\\nvisitors to the school;\\n b. policies and procedures for responding to acts of violence by\\nstudents, teachers, other school personnel as well as visitors to the\\nschool, including consideration of zero-tolerance policies for school\\nviolence;\\n c. appropriate prevention and intervention strategies such as:\\n (i) collaborative arrangements with state and local law enforcement\\nofficials, designed to ensure that school safety officers and other\\nsecurity personnel are adequately trained, including being trained to\\nde-escalate potentially violent situations, and are effectively and\\nfairly recruited;\\n (ii) non-violent conflict resolution training programs;\\n (iii) peer mediation programs and youth courts; and\\n (iv) extended day and other school safety programs;\\n d. policies and procedures for contacting appropriate law enforcement\\nofficials in the event of a violent incident;\\n e. policies and procedures for contacting parents, guardians or\\npersons in parental relation to the students of the district in the\\nevent of a violent incident;\\n f. policies and procedures relating to school building security,\\nincluding where appropriate the use of school safety officers and/or\\nsecurity devices or procedures;\\n g. policies and procedures for the dissemination of informative\\nmaterials regarding the early detection of potentially violent\\nbehaviors, including but not limited to the identification of family,\\ncommunity and environmental factors, to teachers, administrators, school\\npersonnel, persons in parental relation to students of the district,\\nstudents and other persons deemed appropriate to receive such\\ninformation;\\n h. policies and procedures for annual school safety training for staff\\nand students;\\n i. protocols for responding to bomb threats, hostage-takings,\\nintrusions and kidnappings;\\n j. strategies for improving communication among students and between\\nstudents and staff and reporting of potentially violent incidents, such\\nas the establishment of youth-run programs, peer mediation, conflict\\nresolution, creating a forum or designating a mentor for students\\nconcerned with bullying or violence and establishing anonymous reporting\\nmechanisms for school violence; and\\n k. a description of the duties of hall monitors and any other school\\nsafety personnel, the training required of all personnel acting in a\\nschool security capacity, and the hiring and screening process for all\\npersonnel acting in a school security capacity.\\n 3. A school emergency response plan, developed by the building-level\\nschool safety team defined in subdivision four of this section, shall\\ninclude the following elements:\\n a. policies and procedures for the safe evacuation of students,\\nteachers, other school personnel as well as visitors to the school in\\nthe event of a serious violent incident or other emergency, which shall\\ninclude evacuation routes and shelter sites and procedures for\\naddressing medical needs, transportation and emergency notification to\\npersons in parental relation to a student. For purposes of this\\nsubdivision, \"serious violent incident\" means an incident of violent\\ncriminal conduct that is, or appears to be, life threatening and\\nwarrants the evacuation of students and/or staff, as defined in\\nregulations of the commissioner developed in conjunction with the\\ndivision of criminal justice services;\\n b. designation of an emergency response team comprised of school\\npersonnel, local law enforcement officials, and representatives from\\nlocal regional and/or state emergency response agencies, other\\nappropriate incident response teams, and a post-incident response team\\nthat includes appropriate school personnel, medical personnel, mental\\nhealth counselors and others who can assist the school community in\\ncoping with the aftermath of a violent incident;\\n c. procedures for assuring that crisis response and law enforcement\\nofficials have access to floor plans, blueprints, schematics or other\\nmaps of the school interior, school grounds and road maps of the\\nimmediate surrounding area;\\n d. establishment of internal and external communication systems in\\nemergencies;\\n e. definition of the chain of command in a manner consistent with the\\nnational interagency incident management system/incident command system;\\n f. coordination of the school safety plan with the state-wide plan for\\ndisaster mental health services to assure that the school has access to\\nfederal, state and local mental health resources in the event of a\\nviolent incident;\\n g. procedures for review and the conduct of drills and other exercises\\nto test components of the emergency response plan; and\\n h. policies and procedures for securing and restricting access to the\\ncrime scene in order to preserve evidence in cases of violent crimes on\\nschool property.\\n 4. Each district-wide school safety team shall be appointed by the\\nboard of education, or the chancellor in the case of the city school\\ndistrict of the city of New York, and shall include but not be limited\\nto representatives of the school board, student, teacher, administrator,\\nand parent organizations, school safety personnel, and other school\\npersonnel. Each building-level school safety team shall be appointed by\\nthe building principal, in accordance with regulations or guidelines\\nprescribed by the board of education, chancellor or other governing\\nbody. Such building-level teams shall include but not be limited to\\nrepresentatives of teacher, administrator, and parent organizations,\\nschool safety personnel and other school personnel, community members,\\nlocal law enforcement officials, local ambulance or other emergency\\nresponse agencies, and any other representatives the board of education,\\nchancellor or other governing body deems appropriate.\\n 5. Each safety plan shall be reviewed by the appropriate school safety\\nteam on at least an annual basis, and updated as needed.\\n 6. Each board of education, chancellor or other governing body shall\\nmake each district-wide and building-level school safety plan available\\nfor public comment at least thirty days prior to its adoption, provided\\nthat only a summary of each building-level emergency response plan shall\\nbe made available for public comment. Such district-wide and\\nbuilding-level plans may be adopted by the school board only after at\\nleast one public hearing that provides for the participation of school\\npersonnel, parents, students and any other interested parties. Each\\ndistrict shall file a copy of its district-wide comprehensive safety\\nplan with the commissioner and all amendments to such plan shall be\\nfiled with the commissioner no later than thirty days after their\\nadoption. A copy of each building-level safety plan and any amendments\\nthereto, shall be filed with the appropriate local law enforcement\\nagency and with the state police within thirty days of its adoption.\\nBuilding-level emergency response plans shall be confidential and shall\\nnot be subject to disclosure under article six of the public officers\\nlaw or any other provision of law. If the board of education, chancellor\\nor other governing body or chancellor fails to file such plan as\\nrequired by this section, the commissioner may, in an amount determined\\nby the commissioner, withhold public money from the district until the\\ndistrict is in compliance.\\n 7. The commissioner may grant a waiver of the requirements of this\\nsection to any school district or board of cooperative educational\\nservices for a period of up to two years from the date of enactment upon\\na finding by the commissioner that such district had adopted a\\ncomprehensive school safety plan on the effective date of this section\\nwhich is in substantial compliance with the requirements of this\\nsection.\\n 8. The commissioner shall annually report to the governor and the\\nlegislature on the implementation and compliance with the provisions of\\nthis section.\\n 9. Whenever it shall have been demonstrated to the satisfaction of the\\ncommissioner that a school district has failed to adopt a code of\\nconduct which fully satisfies the requirements of section twenty-eight\\nhundred one of this article, or a school safety plan which satisfies the\\nrequirements of this section, or to faithfully and completely implement\\neither or both, the commissioner may, on thirty days notice to the\\ndistrict, withhold from the district monies to be paid to such district\\nfor the current school year pursuant to section thirty-six hundred\\nnine-a of this chapter, exclusive of monies to be paid in respect of\\nobligations to the retirement systems for school and district staff and\\npursuant to collective bargaining agreements, or the commissioner may\\ndirect the district to expend up to such amount upon the development and\\nimplementation of a code of conduct and a school district safety plan as\\nrequired by such sections. Prior to such withholding or redirection, the\\ncommissioner shall provide the district an opportunity to present\\nevidence of extenuating circumstances; when combined with evidence that\\nthe district shall promptly comply within short time frames that shall\\nbe established by the commissioner as part of an agreement between the\\ndistrict and the commissioner, the commissioner may temporarily stay the\\nwithholding or redirection of funds pending implementation of such\\nagreement. If the district promptly and fully complies with the\\nagreement and is in full compliance with this section and section\\ntwenty-eight hundred one of this article, the commissioner shall abate\\nthe withholding in its entirety. Any failure to meet the obligations of\\nthe compliance agreement by the district within the time frames\\nestablished shall be considered a willful violation of a commissioner's\\norder by the members of the district board for purposes of subdivision\\none of section three hundred six of the education law. Notwithstanding\\nany other law, rule or regulation, such transfer shall take effect upon\\nfiling of a notice thereof with the director of the budget and the\\nchairs of the senate finance and assembly ways and means committees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2801-B", "title" : "New York state school safety improvement teams", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2801-B", "activeDate" : "2014-09-22", "sequenceNo" : 1015, "repealedDate" : null, "fromSection" : "2801-B", "toSection" : "2801-B", "text" : " § 2801-b. New York state school safety improvement teams. The governor\\nshall establish New York state school safety improvement teams, which\\nmay be composed of representatives from the division of homeland\\nsecurity and emergency services, the division of state police, the\\ndivision of criminal justice services, and the department. Such New York\\nState School Safety Improvement Teams shall review and assess school\\nsafety plans submitted, on a voluntary basis, by school districts having\\na population of less than one hundred twenty-five thousand inhabitants,\\nboards of cooperative educational services, nonpublic schools, and\\ncounty vocational education and extension boards, and may make\\nrecommendations to improve such school safety plans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2802", "title" : "Uniform violent incident reporting system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-15" ], "docLevelId" : "2802", "activeDate" : "2014-09-22", "sequenceNo" : 1016, "repealedDate" : null, "fromSection" : "2802", "toSection" : "2802", "text" : " § 2802. Uniform violent incident reporting system. 1. The\\ncommissioner, in conjunction with the division of criminal justice\\nservices, shall promulgate regulations defining \"violent or disruptive\\nincidents\" for the purposes of this section.\\n 2. The commissioner, in conjunction with the division of criminal\\njustice services, shall establish a statewide uniform violent incident\\nreporting system which public school districts, boards of cooperative\\neducational services and county vocational education and extension\\nboards shall follow.\\n 3. The uniform violent incident reporting system shall require public\\nschool districts, boards of cooperative educational services and county\\nvocational education and extension boards to annually report to the\\ncommissioner in a form and by a date prescribed by the commissioner, the\\nfollowing information concerning violent and disruptive incidents that\\noccurred in the prior school year:\\n a. the type of offenders;\\n b. if any offender is a student, the age and grade of the student;\\n c. the location at which the incident occurred;\\n d. the type of incident;\\n e. whether the incident occurred during or outside of regular school\\nhours;\\n f. where the incident involves a weapon, whether the weapon was a\\nfirearm, knife or other weapon;\\n g. the actions taken by the school in response to the incident,\\nincluding when the incident was reported to law enforcement officials\\nand whether disciplinary action was taken against the offenders;\\n h. any student discipline or referral action taken against a\\nstudent/offender, including but not limited to an out-of-school\\nsuspension, an involuntary transfer to an alternative placement, an\\nin-school suspension, a referral for community service, a referral for\\ncounseling, or a referral to the juvenile justice system, and the\\nduration of such action; and\\n i. the nature of the victim and the victim's age and grade where\\nappropriate.\\n 4. The commissioner shall require a summary of such information to be\\nincluded, in a form prescribed by the commissioner, in the school\\ndistrict report cards or board of cooperative educational services\\nreport cards required by this chapter.\\n 5. By April first of each year, the commissioner shall report to the\\ngovernor, the legislature and the regents concerning the prevalence of\\nviolence and disruptive incidents in the public schools, and the\\neffectiveness of school programs undertaken to reduce violence and\\nassure the safety and security of students and school personnel. The\\nreport shall summarize the information available from the incident\\nreporting system, and compare the incidence of violent and disruptive\\nincidents of schools and school districts and boards with other schools\\nand school districts and boards based on similarity in size and grade\\nlevels and other characteristics, including student need and resources,\\nas determined by the commissioner. The report shall also, to the extent\\npossible, relate the results available from the incident reporting\\nsystem, together with such other analysis and information as the\\ncommissioner determines is appropriate, to the effectiveness of school\\nviolence measures undertaken by participating schools and school\\ndistricts, including the school codes and school safety plans required\\nby sections twenty-eight hundred one and twenty-eight hundred one-a of\\nthis article.\\n 6. The commissioner, in conjunction with the commissioner of the\\ndivision of criminal justice services, shall promulgate regulations to\\nimplement the provisions of this section and to assure to the extent\\npracticable that the reports used by school districts are uniform and\\ncomparable with respect to the types of incidents reported and the\\nresponses of the schools and the school districts. Such regulations\\nshall provide for the confidentiality of all personally identifiable\\ninformation and shall ensure that any personally identifiable\\ninformation which is collected is used only for its intended purpose.\\n * 7. Notwithstanding any other provision of state or local law, rule\\nor regulation to the contrary, any student who attends a persistently\\ndangerous public elementary or secondary school, as determined by the\\ncommissioner pursuant to paragraph a of this subdivision, or who is a\\nvictim of a violent criminal offense, as defined pursuant to paragraph b\\nof this subdivision, that occurred on the grounds of a public elementary\\nor secondary school that the student attends, shall be allowed to attend\\na safe public school within the local educational agency to the extent\\nrequired by section ninety-five hundred thirty-two of the No Child Left\\nBehind Act of 2001.\\n a. The commissioner shall annually determine which public elementary\\nand secondary schools are persistently dangerous in accordance with\\nregulations of the commissioner developed in consultation with a\\nrepresentative sample of local educational agencies. Such determination\\nshall be based on data submitted through the uniform violent incident\\nreporting system over a period prescribed in the regulations, which\\nshall not be less than two years.\\n b. Each local educational agency required to provide unsafe school\\nchoice shall establish procedures for determinations by the\\nsuperintendent of schools or other chief school officer of whether a\\nstudent is the victim of a violent criminal offense that occurred on\\nschool grounds of the school that the student attends. Such\\nsuperintendent of schools or other chief school officer shall, prior to\\nmaking any such determination, consult with any law enforcement agency\\ninvestigating such alleged violent criminal offense and consider any\\nreports or records provided by such agency. The trustees or board of\\neducation or other governing board of a local educational agency may\\nprovide, by local rule or by-law, for appeal of the determination of the\\nsuperintendent of schools to such governing board. Notwithstanding any\\nother provision of law to the contrary, the determination of such chief\\nschool officer pursuant to this paragraph shall not have collateral\\nestoppel effect in any student disciplinary proceeding brought against\\nthe alleged victim or perpetrator of such violent criminal offense. For\\npurposes of this subdivision, \"violent criminal offense\" shall mean a\\ncrime that involved infliction of serious physical injury upon another\\nas defined in the penal law, a sex offense that involved forcible\\ncompulsion or any other offense defined in the penal law that involved\\nthe use or threatened use of a deadly weapon.\\n c. Each local educational agency, as defined in subsection twenty-six\\nof section ninety-one hundred one of the No Child Left Behind Act of\\n2001, that is required to provide school choice pursuant to section\\nninety-five hundred thirty-two of the No Child Left Behind Act of 2001\\nshall establish procedures for notification of parents of, or persons in\\nparental relation to, students attending schools that have been\\ndesignated as persistently dangerous and parents of, or persons in\\nparental relation to, students who are victims of violent criminal\\noffenses of their right to transfer to a safe public school within the\\nlocal educational agency and procedures for such transfer, except that\\nnothing in this subdivision shall be construed to require such\\nnotification where there are no other public schools within the local\\neducational agency at the same grade level or such transfer to a safe\\npublic school within the local educational agency is otherwise\\nimpossible or to require a local educational agency that has only one\\npublic school within the local educational agency or only one public\\nschool at each grade level to develop such procedures. The commissioner\\nshall be authorized to adopt any regulations deemed necessary to assure\\nthat local educational agencies implement the provisions of this\\nsubdivision.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2814", "title" : "Omnibus school violence prevention grant program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-10-20", "2024-11-29", "2025-04-18" ], "docLevelId" : "2814", "activeDate" : "2014-09-22", "sequenceNo" : 1017, "repealedDate" : null, "fromSection" : "2814", "toSection" : "2814", "text" : " § 2814. Omnibus school violence prevention grant program. 1. Within\\namounts appropriated for implementation of extended day programs and\\nschool violence prevention programs, the commissioner is hereby\\nauthorized and directed to award grants on a competitive basis to school\\ndistricts. Such grants shall be for one or more of the following\\npursuant to this section: school safety and violence prevention programs\\nconsistent with the purposes of the school safety plans required by\\nsection twenty-eight hundred one-a of this article and extended day\\nactivities defined in this section. School districts shall be prohibited\\nfrom using funds awarded pursuant to this section to displace school\\ndistrict after-school funding in existence as of the effective date of\\nthis article.\\n a. School safety activities. Programs eligible for funding pursuant to\\nthis section may include, but not be limited to: (i) safe corridors\\nprograms; (ii) diversity programs; (iii) collaborative school safety\\nprograms with law enforcement agencies or community-based organizations;\\n(iv) metal detectors, intercom and other intra-school communication\\ndevices and other devices to increase school security and the safety of\\nschool personnel and students; (v) other programs including\\ncomprehensive school-based intervention models, approved by the\\ncommissioner, that reduce violence and improve school safety.\\nComprehensive school based intervention models shall coordinate with and\\ncollaborate with other services currently being provided in the school\\ndistrict, incorporate appropriate school violence prevention and\\nintervention services, and coordinate appropriate funding sources to\\nensure the efficient delivery of services. Such comprehensive\\nschool-based intervention models shall also include provisions for the\\ninvolvement of teachers, parents, school administrators in the\\ndevelopment and implementation of the program, a detailed statement\\nidentifying specific performance goals, a proposed timetable for\\nimplementation and achievement of such goals and specific assessment\\nmethods which will be used to measure student and school progress.\\n b. Extended day activities. (i) Eligible extended day activities under\\nthis paragraph shall be for programs conducted outside the regular\\nschool day whereby students can participate in extra curricular\\nenrichment activities including but not limited to athletics, academic\\nenrichment, art, music, drama, academic tutoring, mentoring, community\\nservices and related programs that will increase student achievement and\\ncontribute to school violence prevention. Such activities conducted\\noutside the regular school day shall be offered collaboratively between\\nnot-for-profit educational organizations, community based organizations,\\nother agencies approved by the commissioner and public elementary or\\nsecondary schools, and where applicable, school districts.\\n (ii) Grantees receiving funding pursuant to this subdivision may\\nexpend no more than five percent of grants for administration and no\\nmore than five percent for grantee training.\\n 2. In the event the appropriation for the purposes of this section in\\nany year is insufficient to pay all claims pursuant to this subdivision,\\nthe commissioner shall pay such claims on a prorated basis among all\\ndistricts filing such claims until the appropriation is exhausted.\\n 3. Programs supported by grants pursuant to this section shall not be\\neligible aid pursuant to any other provision of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A56", "title" : "Charter Schools", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "56", "activeDate" : "2014-09-22", "sequenceNo" : 1018, "repealedDate" : null, "fromSection" : "2850", "toSection" : "2857", "text" : " ARTICLE 56\\n CHARTER SCHOOLS\\nSection 2850. Short title; purpose.\\n 2851. Eligible applicants; applications; submission.\\n 2852. Issuance of charter.\\n 2853. Charter school organization; oversight; facilities.\\n 2854. General requirements.\\n 2855. Causes for revocation or termination.\\n 2856. Financing of charter schools.\\n 2857. Notice; review and assessment.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2850", "title" : "Short title; purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2850", "activeDate" : "2014-09-22", "sequenceNo" : 1019, "repealedDate" : null, "fromSection" : "2850", "toSection" : "2850", "text" : " § 2850. Short title; purpose. 1. This article shall be known and may\\nbe cited as the \"New York charter schools act of nineteen hundred\\nninety-eight\".\\n 2. The purpose of this article is to authorize a system of charter\\nschools to provide opportunities for teachers, parents, and community\\nmembers to establish and maintain schools that operate independently of\\nexisting schools and school districts in order to accomplish the\\nfollowing objectives:\\n (a) Improve student learning and achievement;\\n (b) Increase learning opportunities for all students, with special\\nemphasis on expanded learning experiences for students who are at-risk\\nof academic failure;\\n (c) Encourage the use of different and innovative teaching methods;\\n (d) Create new professional opportunities for teachers, school\\nadministrators and other school personnel;\\n (e) Provide parents and students with expanded choices in the types of\\neducational opportunities that are available within the public school\\nsystem; and\\n (f) Provide schools with a method to change from rule-based to\\nperformance-based accountability systems by holding the schools\\nestablished under this article accountable for meeting measurable\\nstudent achievement results.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2851", "title" : "Eligible applicants; applications; submission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-08-18" ], "docLevelId" : "2851", "activeDate" : "2014-09-22", "sequenceNo" : 1020, "repealedDate" : null, "fromSection" : "2851", "toSection" : "2851", "text" : " § 2851. Eligible applicants; applications; submission. 1. An\\napplication to establish a charter school may be submitted by teachers,\\nparents, school administrators, community residents or any combination\\nthereof. Such application may be filed in conjunction with a college,\\nuniversity, museum, educational institution, not-for-profit corporation\\nexempt from taxation under paragraph 3 of subsection (c) of section 501\\nof the internal revenue code or for-profit business or corporate entity\\nauthorized to do business in New York state. Provided however,\\nfor-profit business or corporate entities shall not be eligible to\\nsubmit an application to establish a charter school pursuant to\\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\\narticle, or operate or manage a charter school for a charter issued\\npursuant to subdivision nine-a of section twenty-eight hundred fifty-two\\nof this article. For charter schools established in conjunction with a\\nfor-profit business or corporate entity, the charter shall specify the\\nextent of the entity's participation in the management and operation of\\nthe school.\\n 2. The information provided on the application shall be consistent\\nwith the provisions of this article and other applicable laws, rules and\\nregulations. Such information shall include:\\n (a) A mission statement for the school and a description of an\\neducational program that implements one or more of the purposes\\ndescribed in subdivision two of section twenty-eight hundred fifty of\\nthis article.\\n (b) A description of student achievement goals for the school's\\neducational program and the chosen methods of evaluating that students\\nhave attained the skills and knowledge specified for those goals. Such\\neducational program shall meet or exceed the student performance\\nstandards adopted by the board of regents for other public schools.\\n (c) The proposed governance structure of the school, including a list\\nof members of the initial board of trustees, a description of the\\nqualifications, terms and method of appointment or election of trustees,\\nthe organizational structure of the school, a procedure for conducting\\nand publicizing monthly board of trustee meetings at each charter\\nschool, and the processes to be followed by the school to promote\\nparental and staff involvement in school governance.\\n (d) Admission policies and procedures for the school, which shall be\\nconsistent with the requirements of subdivision two of section\\ntwenty-eight hundred fifty-four of this article.\\n (e) A proposed budget and fiscal plan for the school, including\\nsupporting evidence that the fiscal plan is sound and that sufficient\\nstart-up funds will be available to the charter school.\\n (f) Requirements and procedures for programmatic and independent\\nfiscal audits at least once annually, with such audits being comparable\\nin scope to those required of other public schools.\\n (g) The hiring and personnel policies and procedures of the school,\\nincluding the qualifications to be used in the hiring of teachers,\\nschool administrators and other school employees, and a description of\\nstaff responsibilities.\\n (h) The rules and procedures by which students may be disciplined,\\nincluding but not limited to expulsion or suspension from the school,\\nwhich shall be consistent with the requirements of due process and with\\nfederal laws and regulations governing the placement of students with\\ndisabilities.\\n (i) The number of students to be served by the school, which number\\nshall be at least fifty at a single site and the minimum number of\\nteachers to be employed at the school, which shall be at least three.\\nProvided, however, that a charter school may serve fewer than fifty\\nstudents or employ fewer than three teachers in the school's first year\\nof operation or if the applicant presents a compelling justification,\\nsuch as the school would serve a geographically remote region.\\n (j) Information regarding the facilities to be used by the school,\\nincluding the location of the school, if known, and the means by which\\npupils will be transported to and from the school. If the facilities to\\nbe used by the proposed school are not known at the time the application\\nis submitted, the applicant shall notify the charter entity and, if\\napplicable, the board of regents within ten business days of acquiring\\nfacilities for such school; provided, however, that the charter school\\nmust obtain a certificate of occupancy for such facilities prior to the\\ndate on which instruction is to commence at the school.\\n (k) The name of the proposed charter school, which shall include the\\nwords \"charter school\" and which shall not include the name or\\nidentification of a for-profit business or corporate entity.\\n (l) A description of the ages and grade levels to be served by the\\nschool.\\n (m) Identification and background information on all applicants and\\nproposed members of the board of trustees.\\n (n) The school calendar and school day schedule, which shall provide\\nat least as much instruction time during a school year as required of\\nother public schools.\\n (o) Types and amounts of insurance coverage to be obtained by the\\nschool, which shall include adequate insurance for liability, property\\nloss and the personal injury of students. The commissioner and the\\nsuperintendent of financial services may jointly promulgate regulations\\nto implement the provisions of this paragraph.\\n (p) The term of the proposed charter, which shall not exceed five\\nyears; provided however, in the case of charters issued pursuant to\\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\\narticle the term of such proposed charter shall not exceed five years in\\nwhich instruction is provided to pupils plus the period commencing with\\nthe effective date of the charter and ending with the opening of the\\nschool for instruction.\\n (q) Evidence of adequate community support for and interest in the\\ncharter school sufficient to allow the school to reach its anticipated\\nenrollment, and an assessment of the projected programmatic and fiscal\\nimpact of the school on other public and nonpublic schools in the area.\\n (r) A description of the health and food services to be provided to\\nstudents attending the school.\\n (s) Methods and strategies for serving students with disabilities in\\ncompliance with all federal laws and regulations relating thereto.\\n (t) Procedures to be followed in the case of the closure or\\ndissolution of the charter school, including provisions for the transfer\\nof students and student records to the school district in which the\\ncharter school is located and for the disposition of the school's assets\\nto the school district in which the charter school is located or another\\ncharter school located within the school district. Notwithstanding any\\nother provision of law or of a charter to the contrary, such procedures\\nshall ensure that upon dissolution of a charter school, any funds\\nremaining in the possession of the charter school that can be attributed\\nto public funding, after all of its debts and obligations have been\\npaid, shall be paid over to each school district having resident\\nchildren served by the charter school in the school year in which the\\ncharter was dissolved or the last year in which students were enrolled\\nin the charter school, in the same proportion as the number of students\\nplaced by each school district and served by the charter school in the\\nlast school year in which children were served by the charter school,\\nbears to the total number of students served by the charter school in\\nsuch school year. Provided, however, that nothing in this subdivision\\nshall be construed to require a charter school to pay to such districts\\nany remaining funds that can be attributed to gifts, donations, grants\\nor other authorized charitable contributions.\\n (u) Requirements for the grant of a diploma, if the school serves the\\ntwelfth grade.\\n (v) A code of ethics for the charter school, setting forth for the\\nguidance of its trustees, officers and employees the standards of\\nconduct expected of them including standards with respect to disclosure\\nof conflicts of interest regarding any matter brought before the board\\nof trustees.\\n (w) A description of the residential facilities, if any, provided by\\nthe charter school.\\n (x) Any other information relevant to the issuance of a charter\\nrequired by the charter entity.\\n 3. An applicant shall submit the application to a charter entity for\\napproval. For purposes of this article, a charter entity shall be:\\n (a) The board of education of a school district eligible for an\\napportionment of aid under subdivision four of section thirty-six\\nhundred two of this chapter, provided that a board of education shall\\nnot approve an application for a school to be operated outside the\\nschool district's geographic boundaries and further provided that in a\\ncity having a population of one million or more, the chancellor of any\\nsuch city school district shall be the charter entity established by\\nthis paragraph;\\n (b) The board of trustees of the state university of New York; or\\n (c) The board of regents.\\n The board of regents shall be the only entity authorized to issue a\\ncharter pursuant to this article. Notwithstanding any provision of this\\nsubdivision to the contrary, an application for the conversion of an\\nexisting public school to a charter school shall be submitted to, and\\nmay only be approved by, the charter entity set forth in paragraph (a)\\nof this subdivision. Notwithstanding any law, rule or regulation to the\\ncontrary, any such application for conversion shall be consistent with\\nthis section but shall not be subject to the process pursuant to\\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\\narticle, and the charter entity shall require that the parents or\\nguardians of a majority of the students then enrolled in the existing\\npublic school vote in favor of converting the school to a charter\\nschool.\\n 4. Charters may be renewed, upon application, for a term of up to five\\nyears in accordance with the provisions of this article for the issuance\\nof such charters pursuant to section twenty-eight hundred fifty-two of\\nthis article; provided, however, that a renewal application shall\\ninclude:\\n (a) A report of the progress of the charter school in achieving the\\neducational objectives set forth in the charter.\\n (b) A detailed financial statement that discloses the cost of\\nadministration, instruction and other spending categories for the\\ncharter school that will allow a comparison of such costs to other\\nschools, both public and private. Such statement shall be in a form\\nprescribed by the board of regents.\\n (c) Copies of each of the annual reports of the charter school\\nrequired by subdivision two of section twenty-eight hundred fifty-seven\\nof this article, including the charter school report cards and the\\ncertified financial statements.\\n (d) Indications of parent and student satisfaction.\\n (e) The means by which the charter school will meet or exceed\\nenrollment and retention targets as prescribed by the board of regents\\nor the board of trustees of the state university of New York, as\\napplicable, of students with disabilities, English language learners,\\nand students who are eligible applicants for the free and reduced price\\nlunch program which shall be considered by the charter entity prior to\\napproving such charter school's application for renewal. When developing\\nsuch targets, the board of regents and the board of trustees of the\\nstate university of New York shall ensure (1) that such enrollment\\ntargets are comparable to the enrollment figures of such categories of\\nstudents attending the public schools within the school district, or in\\na city school district in a city having a population of one million or\\nmore inhabitants, the community school district, in which the charter\\nschool is located; and (2) that such retention targets are comparable to\\nthe rate of retention of such categories of students attending the\\npublic schools within the school district, or in a city school district\\nin a city having a population of one million or more inhabitants, the\\ncommunity school district, in which the proposed charter school would be\\nlocated.\\n Such renewal application shall be submitted to the charter entity no\\nlater than six months prior to the expiration of the charter; provided,\\nhowever, that the charter entity may waive such deadline for good cause\\nshown.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2852", "title" : "Issuance of charter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2023-05-12" ], "docLevelId" : "2852", "activeDate" : "2014-09-22", "sequenceNo" : 1021, "repealedDate" : null, "fromSection" : "2852", "toSection" : "2852", "text" : " § 2852. Issuance of charter. 1. A charter entity that receives an\\napplication for approval of a charter school shall act on each request\\nreceived prior to July first of a calendar year on or before January\\nfirst of the succeeding calendar year, and a proposed charter between\\nthe applicant and the charter entity resulting from such application\\nshall be executed on or before February first of such succeeding year.\\nNothing in this subdivision shall be construed to prevent a charter\\nentity from receiving or acting upon an application at any time. This\\nsubdivision shall not apply to applications that are submitted pursuant\\nto subdivision nine-a of this section.\\n 2. An application for a charter school shall not be approved unless\\nthe charter entity finds that:\\n (a) the charter school described in the application meets the\\nrequirements set out in this article and all other applicable laws,\\nrules and regulations;\\n (b) the applicant can demonstrate the ability to operate the school in\\nan educationally and fiscally sound manner;\\n (c) granting the application is likely to improve student learning and\\nachievement and materially further the purposes set out in subdivision\\ntwo of section twenty-eight hundred fifty of this article; and\\n (d) in a school district where the total enrollment of resident\\nstudents attending charter schools in the base year is greater than five\\npercent of the total public school enrollment of the school district in\\nthe base year (i) granting the application would have a significant\\neducational benefit to the students expected to attend the proposed\\ncharter school or (ii) the school district in which the charter school\\nwill be located consents to such application.\\n In reviewing applications, the charter entity is encouraged to give\\npreference to applications that demonstrate the capability to provide\\ncomprehensive learning experiences to students identified by the\\napplicants as at risk of academic failure.\\n 3. A charter entity is not required to approve a charter and may\\nrequire an applicant to modify or supplement an application as a\\ncondition of approval. An existing private school shall not be eligible\\nto convert to a charter school. In determining whether an application\\ninvolves the conversion of an existing private school, the charter\\nentity and the board of regents shall consider such factors as: (a)\\nwhether the charter school would have the same or substantially the same\\nboard of trustees and/or officers as an existing private school; (b)\\nwhether a substantial proportion of employees of the charter school\\nwould be drawn from such existing private school; (c) whether a\\nsubstantial portion of the assets and property of such existing private\\nschool would be transferred to the charter school; (d) whether the\\ncharter school would be located at the same site as such existing\\nprivate school; (e) upon renewal only, whether such private school\\nclosed within one year of establishment of the charter school; and (f)\\nupon renewal only, whether a substantial portion of the charter school's\\nstudents were drawn from such existing private school.\\n 4. Each individual applicant seeking to establish a charter school\\nshall submit a full set of fingerprints to the charter entity for the\\npurpose of obtaining a state and federal criminal records check. The\\ndivision of criminal justice services is authorized to provide this\\ninformation to the federal bureau of investigation and to perform a\\nstate and federal criminal records check on each applicant and report\\nthe results to the charter entity and the board of regents. The criminal\\nrecords check shall be completed to the satisfaction of the charter\\nentity prior to approval of the application. The department and the\\ndivision of criminal justice services shall enter into any memoranda of\\nagreement necessary to implement the requirements of this subdivision.\\n 5. Upon approval of an application by a charter entity, the applicant\\nand charter entity shall enter into a proposed agreement allowing the\\napplicants to organize and operate a charter school. Such written\\nagreement, known as the charter, shall include (a) the information\\nrequired by subdivision two of section twenty-eight hundred fifty-one of\\nthis article, as modified or supplemented during the approval process,\\n(b) in the case of charters to be issued pursuant to subdivision nine-a\\nof this section, information required by such subdivision, (c) any other\\nterms or conditions required by applicable laws, rules and regulations,\\nand (d) any other terms or conditions, not inconsistent with law, agreed\\nupon by the applicant and the charter entity. In addition, the charter\\nshall include the specific commitments of the charter entity relating to\\nits obligations to oversee and supervise the charter school. Within five\\ndays after entering into a proposed charter, the charter entity other\\nthan the board of regents shall submit to the board of regents a copy of\\nthe charter, the application and supporting documentation for final\\napproval and issuance by the board of regents in accordance with\\nsubdivisions five-a and five-b of this section.\\n 5-a. Upon receipt of a proposed charter submitted by a charter entity,\\nthe board of regents shall review such proposed charter in accordance\\nwith the standards set forth in subdivision two of this section, and any\\nother applicable specifications required by this article. The board of\\nregents shall either (a) approve and issue the charter as proposed by\\nthe charter entity or (b) return the proposed charter to the charter\\nentity for reconsideration with the written comments and recommendations\\nof the board of regents. If the board of regents fails to act on such\\nproposed charter within ninety days of its submission to the board of\\nregents in accordance with the previous sentence, the proposed charter\\nshall be deemed to have been approved and issued by the board of regents\\nat the expiration of such period.\\n 5-b. If the board of regents returns a proposed charter to the charter\\nentity pursuant to the provisions of subdivision five-a of this section,\\nsuch charter entity shall reconsider the proposed charter, taking into\\nconsideration the comments and recommendation of the board of regents.\\nThereafter, the charter entity shall resubmit the proposed charter to\\nthe board of regents with modifications, provided that the applicant\\nconsents in writing to such modifications, resubmit the proposed charter\\nto the board of regents without modifications, or abandon the proposed\\ncharter. The board of regents shall review each such resubmitted\\nproposed charter in accordance with the provisions of subdivision five-a\\nof this section; provided, however, that it shall be the duty of the\\nboard of regents to approve and issue a proposed charter resubmitted by\\nthe charter entity described in paragraph (b) of subdivision three of\\nsection twenty-eight hundred fifty-one of this article within thirty\\ndays of the resubmission of such proposed charter or such proposed\\ncharter shall be deemed approved and issued at the expiration of such\\nperiod.\\n 6. The denial of an application for a charter school by a charter\\nentity shall be in writing and shall state the reasons for the denial.\\nNotwithstanding any provision of law to the contrary, such denial is\\nfinal and shall not be reviewable in any court or by any administrative\\nbody.\\n 7. (a) A revision of a charter shall be made only upon the approval of\\nthe charter entity and the board of regents in accordance with the\\nprovisions of subdivisions five-a and five-b of this section.\\n (b) When a revision of a charter involves the relocation of a charter\\nschool to a different school district, the proposed new school district\\nshall be given at least forty-five days notice of the proposed\\nrelocation. In addition, the applicant shall provide an analysis of the\\ncommunity support for such relocation and of the projected programmatic\\nand fiscal impact of the charter school on the proposed new school\\ndistrict of location and other public and nonpublic schools in the area.\\n 8. A charter entity shall not charge a fee or require reimbursement of\\nexpenses for considering a charter application, for approving a charter\\napplication or for providing oversight of a charter school.\\n 9. The total number of charters issued pursuant to this article shall\\nnot exceed four hundred sixty. (a) One hundred of such charters shall be\\nissued on the recommendation of the charter entity described in\\nparagraph (b) of subdivision three of section twenty-eight hundred\\nfifty-one of this article; (b) one hundred of such charters shall be\\nissued on the recommendation of the other charter entities set forth in\\nsubdivision three of section twenty-eight hundred fifty-one of this\\narticle; (c) up to fifty of the additional charters authorized to be\\nissued by the chapter of the laws of two thousand seven which amended\\nthis subdivision effective July first, two thousand seven shall be\\nreserved for a city school district of a city having a population of one\\nmillion or more; (d) one hundred thirty charters shall be issued by the\\nboard of regents pursuant to a competitive process in accordance with\\nsubdivision nine-a of this section, provided that no more than\\nfifty-seven of such charters shall be granted to a charter for a school\\nto be located in a city having a population of one million or more; (e)\\none hundred thirty charters shall be issued by the board of regents on\\nthe recommendation of the board of trustees of the state university of\\nNew York pursuant to a competitive process in accordance with\\nsubdivision nine-a of this section, provided that no more than\\nfifty-seven of such charters shall be granted to a charter for a school\\nto be located in a city having a population of one million or more. The\\nfailure of any body to issue the regulations authorized pursuant to this\\narticle shall not affect the authority of a charter entity to propose a\\ncharter to the board of regents or the board of regents' authority to\\ngrant such charter. A conversion of an existing public school to a\\ncharter school or the renewal or extension of a charter shall not be\\ncounted toward the numerical limits established by this subdivision.\\n 9-a. (a) The board of regents is hereby authorized and directed to\\nissue two hundred sixty charters pursuant to a competitive request for\\nproposals process.\\n (i) Commencing on August first, two thousand ten through September\\nfirst, two thousand thirteen, the board of regents and the board of\\ntrustees of the state university of New York shall each issue a request\\nfor proposals in accordance with this subdivision and this subparagraph:\\n (1) Each request for proposals to be issued by the board of regents\\nand the board of trustees of the state university of New York on August\\nfirst, two thousand ten shall be for a maximum of thirty-two charters to\\nbe issued for charter schools which would commence instructional\\noperation by the September of the next calendar year.\\n (2) Each request for proposals to be issued by the board of regents\\nand the board of trustees of the state university of New York on January\\nfirst, two thousand eleven shall be for a maximum of thirty-three\\ncharters to be issued for charter schools which would commence\\ninstructional operation by the September of the next calendar year.\\n (3) Each request for proposals to be issued by the board of regents\\nand the board of trustees of the state university of New York on January\\nfirst, two thousand twelve shall be for a maximum of thirty-two charters\\nto be issued for charter schools which would commence instructional\\noperation by the September of the next calendar year.\\n (4) Each request for proposals to be issued by the board of regents\\nand the board of trustees of the state university of New York on\\nSeptember first, two thousand thirteen shall be for a maximum of\\nthirty-three charters to be issued for charter schools which would\\ncommence instructional operation by the September of the next calendar\\nyear.\\n (ii) If after September first, two thousand thirteen, either the board\\nof regents or the board of trustees of the state university of New York\\nhave any charters which have not yet been issued, they may be issued\\npursuant to requests for proposals issued in each succeeding year,\\nwithout limitation as to when such requests for proposals may be issued,\\nor a limitation on the number of charters which may be issued.\\n (iii) Notwithstanding the provisions of clauses one, two, three and\\nfour of subparagraph (i) of this paragraph and subparagraph (ii) of this\\nparagraph, if fewer charters are issued than were requested in such\\nrequest for proposals, the difference may be added to the number of\\ncharters requested in the request for proposals issued in each\\nsucceeding year.\\n (iv) The board of regents shall make a determination to issue a\\ncharter pursuant to a request for proposals no later than December\\nthirty-first of each year.\\n (b) The board of regents and the board of trustees of the state\\nuniversity of New York shall each develop such request for proposals in\\na manner that facilitates a thoughtful review of charter school\\napplications, considers the demand for charter schools by the community,\\nand seeks to locate charter schools in a region or regions where there\\nmay be a lack of alternatives and access to charter schools would\\nprovide new alternatives within the local public education system that\\nwould offer the greatest educational benefit to students. Applications\\nshall be evaluated in accordance with the criteria and objectives\\ncontained within a request for proposals. The board of regents and the\\nboard of trustees of the state university of New York shall not consider\\nany applications which do not rigorously demonstrate that they have met\\nthe following criteria:\\n (i) that the proposed charter school would meet or exceed enrollment\\nand retention targets, as prescribed by the board of regents or the\\nboard of trustees of the state university of New York, as applicable, of\\nstudents with disabilities, English language learners, and students who\\nare eligible applicants for the free and reduced price lunch program.\\nWhen developing such targets, the board of regents and the board of\\ntrustees of the state university of New York, shall ensure (1) that such\\nenrollment targets are comparable to the enrollment figures of such\\ncategories of students attending the public schools within the school\\ndistrict, or in a city school district in a city having a population of\\none million or more inhabitants, the community school district, in which\\nthe proposed charter school would be located; and (2) that such\\nretention targets are comparable to the rate of retention of such\\ncategories of students attending the public schools within the school\\ndistrict, or in a city school district in a city having a population of\\none million or more inhabitants, the community school district, in which\\nthe proposed charter school would be located; and\\n (ii) that the applicant has conducted public outreach, in conformity\\nwith a thorough and meaningful public review process prescribed by the\\nboard of regents and the board of trustees of the state university of\\nNew York, to solicit community input regarding the proposed charter\\nschool and to address comments received from the impacted community\\nconcerning the educational and programmatic needs of students.\\n (c) The board of regents and the board of trustees of the state\\nuniversity of New York shall grant priority based on a scoring rubric to\\nthose applications that best demonstrate how they will achieve the\\nfollowing objectives, and any additional objectives the board of regents\\nand the board of trustees of the state university of New York, may\\nprescribe:\\n (i) increasing student achievement and decreasing student achievement\\ngaps in reading/language arts and mathematics;\\n (ii) increasing high school graduation rates and focusing on serving\\nspecific high school student populations including, but not limited to,\\nstudents at risk of not obtaining a high school diploma, re-enrolled\\nhigh school drop-outs, and students with academic skills below grade\\nlevel;\\n (iii) focusing on the academic achievement of middle school students\\nand preparing them for a successful transition to high school;\\n (iv) utilizing high-quality assessments designed to measure a\\nstudent's knowledge, understanding of, and ability to apply, critical\\nconcepts through the use of a variety of item types and formats;\\n (v) increasing the acquisition, adoption, and use of local\\ninstructional improvement systems that provide teachers, principals, and\\nadministrators with the information and resources they need to inform\\nand improve their instructional practices, decision-making, and overall\\neffectiveness;\\n (vi) partnering with low performing public schools in the area to\\nshare best educational practices and innovations;\\n (vii) demonstrating the management and leadership techniques necessary\\nto overcome initial start-up problems to establish a thriving,\\nfinancially viable charter school;\\n (viii) demonstrating the support of the school district in which the\\nproposed charter school will be located and the intent to establish an\\nongoing relationship with such school district.\\n (d) No later than November first, two thousand ten, and of each\\nsucceeding year, after a thorough review of applications received, the\\nboard of trustees of the state university of New York shall recommend\\nfor approval to the board of regents the qualified applications that it\\nhas determined rigorously demonstrate the criteria and best satisfy the\\nobjectives contained within a request for proposals, along with\\nsupporting documentation outlining such determination.\\n (e) Upon receipt of a proposed charter to be issued pursuant to this\\nsubdivision submitted by a charter entity, the board of regents or the\\nboard of trustees of the state university of New York, shall review,\\nrecommend and issue, as applicable, such charters in accordance with the\\nstandards established in this subdivision.\\n (f) The board of regents shall be the only entity authorized to issue\\na charter pursuant to this article. The board of regents shall consider\\napplications submitted directly to the board of regents and applications\\nrecommended by the board of trustees of the state university of New\\nYork. Provided, however, that all such recommended applications shall be\\ndeemed approved and issued pursuant to the provisions of subdivisions\\nfive, five-a and five-b of this section.\\n (g) Each application submitted in response to a request for proposals\\npursuant to this subdivision shall also meet the application\\nrequirements set out in this article and any other applicable laws,\\nrules and regulations.\\n (h) During the development of a request for proposals pursuant to this\\nsubdivision the board of regents and the board of trustees of the state\\nuniversity of New York shall each afford the public an opportunity to\\nsubmit comments and shall review and consider the comments raised by all\\ninterested parties.\\n 10. Except in the case of a charter school formed by a school district\\nas a charter entity pursuant to paragraph (a) of subdivision three of\\nsection twenty-eight hundred fifty-one of this article, a charter school\\nformed by approval of the regents or by operation of law on or after\\nMarch fifteenth in any school year shall not commence instruction until\\nJuly of the second school year next following.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2853", "title" : "Charter school organization; oversight; facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2016-04-08", "2017-04-21", "2017-07-07", "2017-08-18", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "2853", "activeDate" : "2014-09-22", "sequenceNo" : 1022, "repealedDate" : null, "fromSection" : "2853", "toSection" : "2853", "text" : " § 2853. Charter school organization; oversight; facilities. 1.\\nOrganization and legal status. (a) Upon the approval of a charter by\\nthe board of regents, the board of regents shall incorporate the charter\\nschool as an education corporation for a term not to exceed five years,\\nprovided however in the case of charters issued pursuant to subdivision\\nnine-a of section twenty-eight hundred fifty-two of this article the\\nboard of regents shall incorporate the charter school as an education\\ncorporation for a term not to exceed five years in which instruction is\\nprovided to pupils plus the period commencing with the effective date of\\nthe charter and ending with the opening of the school for instruction.\\nSuch certificate of incorporation shall not modify or limit any terms of\\nthe charter approved by the board of regents. Upon approval of an\\napplication to renew a charter, the board of regents shall extend the\\ncertificate of incorporation for a term not to exceed five years. Upon\\ntermination or nonrenewal of the charter of a charter school pursuant to\\nsection twenty-eight hundred fifty-five of this article, the certificate\\nof incorporation of the charter school shall be revoked by the board of\\nregents pursuant to section two hundred nineteen of this chapter,\\nprovided that compliance with the notice and hearing requirements of\\nsuch section twenty-eight hundred fifty-five of this article shall be\\ndeemed to satisfy the notice and hearing requirements of such section\\ntwo hundred nineteen. It shall be the duty of the trustees of the\\ncharter school to obtain federal tax-exempt status no later than one\\nyear following approval of a charter school by the board of regents. For\\npurposes of this article, \"certificate of incorporation\" shall mean the\\nprovisional charter issued by the board of regents to form the charter\\nschool as an educational corporation pursuant to sections two hundred\\nsixteen and two hundred seventeen of this chapter.\\n (b) An education corporation organized to operate a charter school\\nshall have all corporate powers necessary and desirable for carrying out\\na charter school program in accordance with the provisions of this\\narticle, other applicable laws and regulations and the terms of the\\ncharter, including all of the powers of an education corporation formed\\nto operate an elementary or secondary school and those powers granted\\nunder the provisions of the not-for-profit corporation law that are made\\napplicable to charter schools by section two hundred sixteen-a of this\\nchapter. The powers of the trustees of the charter school shall include\\nthose powers specified in section two hundred twenty-six of this\\nchapter.\\n (b-1) An education corporation operating a charter school shall be\\nauthorized to operate more than one school or house any grade at more\\nthan one site, provided that a charter must be issued for each such\\nadditional school or site in accordance with the requirements for the\\nissuance of a charter pursuant to this article and that each such\\nadditional school or site shall count as a charter issued pursuant to\\nsubdivision nine of section twenty eight hundred fifty-two of this\\narticle; and provided further that:\\n (A) a charter school may operate in more than one building at a single\\nsite; and\\n (B) a charter school which provides instruction to its students at\\ndifferent locations for a portion of their school day shall be deemed to\\nbe operating at a single site.\\n (c) A charter school shall be deemed an independent and autonomous\\npublic school, except as otherwise provided in this article, and a\\npolitical subdivision having boundaries coterminous with the school\\ndistrict or community school district in which the charter school is\\nlocated. The charter entity and the board of regents shall be deemed to\\nbe the public agents authorized to supervise and oversee the charter\\nschool.\\n (d) The powers granted to a charter school under this article\\nconstitute the performance of essential public purposes and governmental\\npurposes of this state. A charter school shall be exempt to the same\\nextent as other public schools from all taxation, fees, assessments or\\nspecial ad valorem levies on its earnings and its property, including\\nproperty leased by the charter school. Instruments of conveyance to or\\nfrom a charter school and any bonds or notes issued by a charter school,\\ntogether with the income therefrom, shall at all times be exempt from\\ntaxation.\\n (e) A charter school shall not have the power to levy taxes or to\\nacquire property by eminent domain.\\n (f) The board of trustees of the charter school shall have final\\nauthority for policy and operational decisions of the school. Nothing\\nherein shall prohibit the board of trustees of a charter school from\\ndelegating decision-making authority to officers and employees of the\\nschool in accordance with the provisions of the charter.\\n (g) Notwithstanding any provision of law to the contrary, no civil\\nliability shall attach to any charter entity, the board of regents, or\\nto any of their members or employees, individually or collectively, for\\nany acts or omissions of the charter school. Neither the local school\\ndistrict, the charter entity nor the state shall be liable for the debts\\nor financial obligations of a charter school or any person or corporate\\nentity who operates a charter school.\\n 2. The board of regents and charter entity shall oversee each school\\napproved by such entity, and may visit, examine into and inspect any\\ncharter school, including the records of such school, under its\\noversight. Oversight by a charter entity and the board of regents shall\\nbe sufficient to ensure that the charter school is in compliance with\\nall applicable laws, regulations and charter provisions.\\n 2-a. For schools approved by an entity described in paragraph (b) or\\n(c) of subdivision three of section twenty-eight hundred fifty-one of\\nthis article, the school district in which the charter school is located\\nshall have the right to visit, examine into, and inspect the charter\\nschool for the purpose of ensuring that the school is in compliance with\\nall applicable laws, regulations and charter provisions. Any evidence of\\nnon-compliance may be forwarded by such school district to the board of\\nregents and the charter entity for action pursuant to section\\ntwenty-eight hundred fifty-five of this article.\\n 3. Facilities. (a) A charter school may be located in part of an\\nexisting public school building, in space provided on a private work\\nsite, in a public building or in any other suitable location. Provided,\\nhowever, before a charter school may be located in part of an existing\\npublic school building, the charter entity shall provide notice to the\\nparents or guardians of the students then enrolled in the existing\\nschool building and shall hold a public hearing for purposes of\\ndiscussing the location of the charter school. A charter school may own,\\nlease or rent its space.\\n (a-1) (i) For charters issued pursuant to subdivision nine-a of\\nsection twenty-eight hundred fifty-two of this article located outside a\\ncity school district in a city having a population of one million or\\nmore inhabitants, the department shall approve plans and specifications\\nand issue certificates of occupancy for such charter schools. Such\\ncharter schools shall comply with all department health, sanitary, and\\nsafety requirements applicable to facilities and shall be treated the\\nsame as other public schools for purposes of local zoning, land use\\nregulation and building code compliance. Provided however, that the\\ndepartment shall be authorized to grant specific exemptions from the\\nrequirements of this paragraph to charter schools upon a showing that\\ncompliance with such requirements creates an undue economic hardship or\\nthat some other good cause exists that makes compliance with this\\nparagraph extremely impractical. A demonstrated effort to overcome the\\nstated obstacles must be provided.\\n (ii) In a city school district in a city with a population of one\\nmillion or more, all charters authorized to be issued by the chapter of\\nthe laws of two thousand ten which amended this subdivision shall be\\nobligated to comply with the department's health, safety and sanitary\\nrequirements applicable to facilities to the same extent as non-charter\\npublic schools in such a city school district.\\n (a-2) A charter school shall be deemed a nonpublic school for purposes\\nof local zoning, land use regulation and building code compliance if it\\nhas been granted an exemption by the department pursuant to paragraph\\n(a-1) of this subdivision or if its charter was not issued pursuant to\\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\\narticle.\\n (a-3)(1) Before a charter school may be located or co-located in an\\nexisting public school building in a city school district in a city\\nhaving a population of one million or more inhabitants, the chancellor\\nshall identify which public school buildings may be subject to location\\nor co-location, provide the rationale as to why such public school\\nbuilding is identified for location or co-location and shall make all\\nsuch information publicly available, including via the city board's\\nofficial internet website. In addition, the chancellor shall provide\\nwidespread notice of such information including to the community\\nsuperintendent, community district education council and the\\nschool-based management team. After a public school building has been\\nselected for a proposed location or co-location, the chancellor shall\\ndevelop a building usage plan in accordance with this paragraph.\\n (2) The building usage plan shall be developed by the chancellor for\\neach school that has been definitively identified for a location or\\nco-location. The building usage plan shall include, but need not be\\nlimited to, the following information:\\n (A) the actual allocation and sharing of classroom and administrative\\nspace between the charter and non-charter schools;\\n (B) a proposal for the collaborative usage of shared resources and\\nspaces between the charter school and the non-charter schools, including\\nbut not limited to, cafeterias, libraries, gymnasiums and recreational\\nspaces, including playgrounds which assures equitable access to such\\nfacilities in a similar manner and at reasonable times to non-charter\\nschool students as provided to charter school students;\\n (C) justification of the feasibility of the proposed allocations and\\nschedules set forth in clauses (A) and (B) of this subparagraph and how\\nsuch proposed allocations and shared usage would result in an equitable\\nand comparable use of such public school building;\\n (D) building safety and security;\\n (E) communication strategies to be used by the co-located schools; and\\n (F) collaborative decision-making strategies to be used by the\\nco-located schools including the establishment of a shared space\\ncommittee pursuant to paragraph (a-four) of this subdivision.\\n (3) A building usage plan developed by the chancellor in accordance\\nwith this paragraph shall be included within the educational impact\\nstatement required by paragraph (b) of subdivision two-a of section\\ntwenty-five hundred ninety-h of this title and be subject to the\\nrequirements of subdivision two-a of such section prior to approval by\\nthe board of education pursuant to paragraph h of subdivision one of\\nsection twenty-five hundred ninety-g of this title.\\n (4) A building usage plan developed by the chancellor in accordance\\nwith this paragraph may be revised and such revision shall require board\\nof education approval consistent with the requirements pursuant to\\nsubdivision seven of section twenty-five hundred ninety-g of this title.\\n (5) The building usage plan shall be made publicly available by the\\nchancellor, including via the city board's official internet website,\\nand a copy shall also be filed with the city board, the impacted\\ncommunity district education council, community boards, community\\nsuperintendent, and school based management team.\\n (a-4) In a city school district in a city having a population of one\\nmillion or more inhabitants, a shared space committee shall be\\nestablished in each public school building in which one or more charter\\nschools are located or co-located within a public school building with\\nnon-charter public schools. The shared space committee shall be\\ncomprised of the principal, a teacher, and a parent of each co-located\\nschool. Such committee shall conduct regular meetings, at least four\\ntimes per school year, to review implementation of the building usage\\nplan developed pursuant to paragraph (a-three) of this subdivision.\\n (a-5) Notwithstanding any provision to the contrary, in a city school\\ndistrict in a city having a population of one million or more\\ninhabitants, the determination to locate or co-locate a charter school\\nwithin a public school building and the implementation of and compliance\\nwith the building usage plan developed pursuant to paragraph (a-three)\\nof this subdivision that has been approved by the board of education of\\nsuch city school district pursuant to paragraph (h) of subdivision one\\nof section twenty-five hundred ninety-g of this title and after\\nsatisfying the requirements of subdivision two-a of section twenty-five\\nhundred ninety-h of this title may be appealed to the commissioner\\npursuant to section three hundred ten of this chapter. Provided further,\\nthe revision of a building usage plan approved by the board of education\\nconsistent with the requirements pursuant to subdivision seven of\\nsection twenty-five hundred ninety-g of this title may also be appealed\\nto the commissioner on the grounds that such revision fails to meet the\\nstandards set forth in clause (B) of subparagraph two of paragraph (a-3)\\nof this subdivision. Following a petition for such appeal pursuant to\\nthis paragraph, such city school district shall have ten days to\\nrespond. The petition must be dismissed, adjudicated or disposed of by\\nthe commissioner within ten days of the receipt of the city school\\ndistrict's response.\\n (b) A charter school may pledge, assign or encumber its assets to be\\nused as collateral for loans or extensions of credit; provided, however,\\nthat a charter school shall not pledge or assign monies provided, or to\\nbe provided, pursuant to subdivision one of section twenty-eight hundred\\nfifty-six of this article in connection with the purchase or\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof a school facility.\\n (c) The office of general services shall annually publish a list of\\nvacant and unused buildings and vacant and unused portions of buildings\\nthat are owned by the state and that may be suitable for the operation\\nof a charter school. Such list shall be provided to applicants for\\ncharter schools and to existing charter schools. At the request of a\\ncharter school or a prospective applicant, a school district shall make\\navailable a list of vacant and unused school buildings and vacant and\\nunused portions of school buildings, including private school buildings,\\nwithin the school district that may be suitable for the operation of a\\ncharter school.\\n (d) Notwithstanding any other provision to the contrary, in a city\\nschool district in a city having a population of one million or more\\ninhabitants, the chancellor must first authorize in writing any proposed\\ncapital improvements or facility upgrades in excess of five thousand\\ndollars, regardless of the source of funding, made to accommodate the\\nco-location of a charter school within a public school building. For any\\nsuch improvements or upgrades that have been approved by the chancellor,\\ncapital improvements or facility upgrades shall be made in an amount\\nequal to the expenditure of the charter school for each non-charter\\npublic school within the public school building. For any capital\\nimprovements or facility upgrades in excess of five thousand dollars\\nthat have been approved by the chancellor, regardless of the source of\\nfunding, made in a charter school that is already co-located within a\\npublic school building, matching capital improvements or facility\\nupgrades shall be made in an amount equal to the expenditure of the\\ncharter school for each non-charter public school within the public\\nschool building within three months of such improvements or upgrades.\\n (e) In a city school district in a city having a population of one\\nmillion or more inhabitants, charter schools that first commence\\ninstruction or that require additional space due to an expansion of\\ngrade level, pursuant to this article, approved by their charter entity\\nfor the two thousand fourteen--two thousand fifteen school year or\\nthereafter and request co-location in a public school building shall be\\nprovided access to facilities pursuant to this paragraph for such\\ncharter schools that first commence instruction or that require\\nadditional space due to an expansion of grade level, pursuant to this\\narticle, approved by their charter entity for those grades newly\\nprovided.\\n (1) Notwithstanding any other provision of law to the contrary, within\\nthe later of (i) five months after a charter school's written request\\nfor co-location and (ii) thirty days after the charter school's charter\\nis approved by its charter entity, the city school district shall\\neither: (A) offer at no cost to the charter school a co-location site in\\na public school building approved by the board of education as provided\\nby law, or (B) offer the charter school space in a privately owned or\\nother publicly owned facility at the expense of the city school district\\nand at no cost to the charter school. The space must be reasonable,\\nappropriate and comparable and in the community school district to be\\nserved by the charter school and otherwise in reasonable proximity.\\n (2) No later than thirty days after approval by the board of education\\nor expiration of the offer period prescribed in subparagraph one of this\\nparagraph, the charter school shall either accept the city school\\ndistrict's offer or appeal in accordance with subparagraph three of this\\nparagraph. If no appeal is taken, the city's offer or refusal to make an\\noffer shall be final and non-reviewable. The charter school may appeal\\nas early as issuance of an educational impact statement for the proposed\\nco-location.\\n (3) The charter school shall have the option of appealing the city\\nschool district's offer or failure to offer a co-location site through\\nbinding arbitration in accordance with subparagraph seven of this\\nparagraph, an expedited appeal to the commissioner pursuant to section\\nthree hundred ten of this chapter and the procedures prescribed in\\nparagraph (a-5) of this subdivision, or a special proceeding pursuant to\\narticle seventy-eight of the civil practice law and rules. In any such\\nappeal, the standard of review shall be the standard prescribed in\\nsection seventy-eight hundred three of the civil practice law and rules.\\n (4) If the appeal results in a determination in favor of the city\\nschool district, the city's offer shall be final and the charter school\\nmay either accept such offer and move into the space offered by the city\\nschool district at the city school district's expense, or locate in\\nanother site at the charter school's expense.\\n (5) For a new charter school whose charter is granted or for an\\nexisting charter school whose expansion of grade level, pursuant to this\\narticle, is approved by their charter entity before October first, two\\nthousand sixteen, if the appeal results in a determination in favor of\\nthe charter school, the city school district shall pay the charter\\nschool an amount attributable to the grade level expansion or the\\nformation of the new charter school that is equal to the lesser of:\\n (A) the actual rental cost of an alternative privately owned site\\nselected by the charter school or\\n (B) twenty percent of the product of the charter school's basic\\ntuition for the current school year and (i) for a new charter school\\nthat first commences instruction on or after July first, two thousand\\nfourteen, the charter school's current year enrollment; or (ii) for a\\ncharter school which expands its grade level, pursuant to this article,\\nbefore October first, two thousand sixteen, the positive difference of\\nthe charter school's enrollment in the current school year minus the\\ncharter school's enrollment in the school year prior to the first year\\nof the expansion.\\n (6) For a new charter school whose charter is granted or for an\\nexisting charter school whose expansion of grade level, pursuant to this\\narticle, is approved by their charter entity on or after October first,\\ntwo thousand sixteen, if the appeal results in a determination in favor\\nof the charter school, the city school district shall pay the charter\\nschool an amount attributable to the grade level expansion or the\\nformation of the new charter school that is equal to the maximum cost\\nallowance established by the commissioner for leases aidable under\\nsubdivision six of section thirty-six hundred two of this chapter.\\n (7) An arbitration in an appeal pursuant to this paragraph shall be\\nconducted by a single arbitrator selected in accordance with this\\nsubparagraph from a list of arbitrators from the American arbitration\\nassociation's panel of labor arbitrators, with relevant biographical\\ninformation, submitted by such association to the commissioner pursuant\\nto paragraph a of subdivision three of section three thousand twenty-a\\nof this chapter. Upon request by the charter school, the commissioner\\nshall forthwith send a copy of such list and biographical information\\nsimultaneously to the charter school and city school district. The\\nparties shall, by mutual agreement, select an arbitrator from the list\\nwithin fifteen days from receipt of the list, and if the parties fail to\\nagree on an arbitrator within such fifteen day period or fail within\\nsuch fifteen day period to notify the commissioner that an arbitrator\\nhas been selected, the commissioner shall appoint an arbitrator from the\\nlist to serve as the arbitrator. The arbitration shall be conducted in\\naccordance with the American arbitration association's rules for labor\\narbitration, except that the arbitrator shall conduct a pre-hearing\\nconference within ten to fifteen days of agreeing to serve and the\\narbitration shall be completed and a decision rendered within the time\\nframes prescribed for hearings pursuant to section three thousand\\ntwenty-a of this chapter. The arbitrator's fee shall not exceed the rate\\nestablished by the commissioner for hearings conducted pursuant to\\nsection three thousand twenty-a of this chapter, and the cost of such\\nfee, the arbitrator's necessary travel and other reasonable expenses,\\nand all other hearing expenses shall be borne equally by the parties to\\nthe arbitration.\\n 4. Public and private assistance to charter schools. * (a) For\\npurposes of sections seven hundred one, seven hundred eleven, seven\\nhundred fifty-one and nine hundred twelve of this chapter, a charter\\nschool shall be deemed a nonpublic school in the school district within\\nwhich the charter school is located. Special education programs and\\nservices shall be provided to students with a disability attending a\\ncharter school in accordance with the individualized education program\\nrecommended by the committee or subcommittee on special education of the\\nstudent's school district of residence. The charter school may arrange\\nto have such services provided by such school district of residence or\\nby the charter school directly or by contract with another provider.\\nWhere the charter school arranges to have the school district of\\nresidence provide such special education programs or services, such\\nschool district shall provide services in the same manner as it serves\\nstudents with disabilities in other public schools in the school\\ndistrict, including the provision of supplementary and related services\\non site to the same extent to which it has a policy or practice of\\nproviding such services on the site of such other public schools.\\n * NB Effective until June 30, 2015\\n * (a) For purposes of sections seven hundred one, seven hundred\\neleven, seven hundred fifty-one and nine hundred twelve of this chapter,\\na charter school shall be deemed a nonpublic school in the school\\ndistrict within which the charter school is located. Special education\\nprograms and services shall be provided to students with a disability\\nattending a charter school in accordance with the individualized\\neducation program recommended by the committee or subcommittee on\\nspecial education of the student's school district of residence. The\\ncharter school may arrange to have such services provided by such school\\ndistrict of residence or by the charter school directly or by contract\\nwith another provider.\\n * NB Effective June 30, 2015\\n (b) For purposes of section thirty-six hundred thirty-five of this\\nchapter, a charter school shall be deemed a nonpublic school. The\\ncharter and application therefor shall set forth the manner in which\\nstudents ineligible for transportation pursuant to section thirty-six\\nhundred thirty-five of this chapter shall be transported to and from\\nschool. Any supplemental transportation provided by a charter school\\nshall comply with all transportation safety laws and regulations\\napplicable to other public schools. A school district may enter into a\\ncontract for the provision of supplemental transportation services to a\\ncharter school, and any such services shall be provided by the school\\ndistrict at cost.\\n (c) A charter school may contract with the governing body of a public\\ncollege or university for the use of a school building and grounds, the\\noperation and maintenance thereof. Any such contract shall provide such\\nservices or facilities at cost. A school district shall permit any\\ncharter school granted approval to co-locate, to use such services and\\nfacilities without cost.\\n (d) Private persons and organizations are encouraged to provide\\nfunding and other assistance to the establishment or operation of\\ncharter schools.\\n (e) The school district of residence of children attending a charter\\nschool may, but is not required to, allow such children to participate\\nin athletic and extra-curricular activities of the district's schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2854", "title" : "General requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12" ], "docLevelId" : "2854", "activeDate" : "2014-09-22", "sequenceNo" : 1023, "repealedDate" : null, "fromSection" : "2854", "toSection" : "2854", "text" : " § 2854. General requirements. 1. Applicability of other laws. (a)\\nNotwithstanding any provision of law to the contrary, to the extent that\\nany provision of this article is inconsistent with any other state or\\nlocal law, rule or regulation, the provisions of this article shall\\ngovern and be controlling.\\n (b) A charter school shall meet the same health and safety, civil\\nrights, and student assessment requirements applicable to other public\\nschools, except as otherwise specifically provided in this article. A\\ncharter school shall be exempt from all other state and local laws,\\nrules, regulations or policies governing public or private schools,\\nboards of education, school districts and political subdivisions,\\nincluding those relating to school personnel and students, except as\\nspecifically provided in the school's charter or in this article.\\nNothing in this subdivision shall affect the requirements of compulsory\\neducation of minors established by part one of article sixty-five of\\nthis chapter.\\n (c) A charter school shall be subject to the financial audits, the\\naudit procedures, and the audit requirements set forth in the charter,\\nand shall be subject to audits of the comptroller of the city school\\ndistrict of the city of New York for charter schools located in New York\\ncity, and to the audits of the comptroller of the state of New York for\\ncharter schools located in the rest of the state, at his or her\\ndiscretion, with respect to the school's financial operations. Such\\nprocedures and standards shall be consistent with generally accepted\\naccounting and audit standards. Independent fiscal audits shall be\\nrequired at least once annually.\\n (d) A charter school shall design its educational programs to meet or\\nexceed the student performance standards adopted by the board of regents\\nand the student performance standards contained in the charter. Students\\nattending charter school shall be required to take regents examinations\\nto the same extent such examinations are required of other public school\\nstudents. A charter school offering instruction in the high school\\ngrades may grant regents diplomas and local diplomas to the same extent\\nas other public schools, and such other certificates and honors as are\\nspecifically authorized by their charter, and in testimony thereof give\\nsuitable certificates, honors and diplomas under its seal; and every\\ncertificate and diploma so granted shall entitle the conferee to all\\nprivileges and immunities which by usage or statute are allowed for\\nsimilar diplomas of corresponding grade granted by any other public\\nschool.\\n (e) A charter school shall be subject to the provisions of articles\\nsix and seven of the public officers law.\\n (f) A charter school shall be subject to the provisions of sections\\neight hundred, eight hundred one, eight hundred two, eight hundred\\nthree, eight hundred four, eight hundred four-a, eight hundred five,\\neight hundred five-a, eight hundred five-b and eight hundred six of the\\ngeneral municipal law to the same extent such sections apply to school\\ndistricts.\\n 2. Admissions; enrollment; students. (a) A charter school shall be\\nnonsectarian in its programs, admission policies, employment practices,\\nand all other operations and shall not charge tuition or fees; provided\\nthat a charter school may require the payment of fees on the same basis\\nand to the same extent as other public schools. A charter school shall\\nnot discriminate against any student, employee or any other person on\\nthe basis of ethnicity, national origin, gender, or disability or any\\nother ground that would be unlawful if done by a school. Admission of\\nstudents shall not be limited on the basis of intellectual ability,\\nmeasures of achievement or aptitude, athletic ability, disability, race,\\ncreed, gender, national origin, religion, or ancestry; provided,\\nhowever, that nothing in this article shall be construed to prevent the\\nestablishment of a single-sex charter school or a charter school\\ndesigned to provide expanded learning opportunities for students at-risk\\nof academic failure or students with disabilities and English language\\nlearners; and provided, further, that the charter school shall\\ndemonstrate good faith efforts to attract and retain a comparable or\\ngreater enrollment of students with disabilities, English language\\nlearners, and students who are eligible applicants for the free and\\nreduced price lunch program when compared to the enrollment figures for\\nsuch students in the school district in which the charter school is\\nlocated. A charter shall not be issued to any school that would be\\nwholly or in part under the control or direction of any religious\\ndenomination, or in which any denominational tenet or doctrine would be\\ntaught.\\n (b) Any child who is qualified under the laws of this state for\\nadmission to a public school is qualified for admission to a charter\\nschool. Applications for admission to a charter school shall be\\nsubmitted on a uniform application form created by the department and\\nshall be made available by a charter school in languages predominately\\nspoken in the community in which such charter school is located. The\\nschool shall enroll each eligible student who submits a timely\\napplication by the first day of April each year, unless the number of\\napplications exceeds the capacity of the grade level or building. In\\nsuch cases, students shall be accepted from among applicants by a random\\nselection process, provided, however, that an enrollment preference\\nshall be provided to pupils returning to the charter school in the\\nsecond or any subsequent year of operation and pupils residing in the\\nschool district in which the charter school is located, and siblings of\\npupils already enrolled in the charter school. The commissioner shall\\nestablish regulations to require that the random selection process\\nconducted pursuant to this paragraph be performed in a transparent and\\nequitable manner and to require that the time and place of the random\\nselection process be publicized in a manner consistent with the\\nrequirements of section one hundred four of the public officers law and\\nbe open to the public. For the purposes of this paragraph and paragraph\\n(a) of this subdivision, the school district in which the charter school\\nis located shall mean, for the city school district of the city of New\\nYork, the community district in which the charter school is located.\\n (c) A charter school shall serve one or more of the grades one through\\ntwelve, and shall limit admission to pupils within the grade levels\\nserved. Nothing herein shall prohibit a charter school from establishing\\na kindergarten program.\\n (d) A student may withdraw from a charter school at any time and\\nenroll in a public school. A charter school may refuse admission to any\\nstudent who has been expelled or suspended from a public school until\\nthe period of suspension or expulsion from the public school has\\nexpired, consistent with the requirements of due process.\\n 3. School personnel. (a) An employee of a charter school shall be an\\nemployee of the education corporation formed to operate the charter\\nschool and not an employee of the local school district in which the\\ncharter school is located. An employee of a charter school shall be\\ndeemed to be a public employee solely for purposes of article fourteen\\nof the civil service law, except for section two hundred twelve of such\\nlaw, and for no other purposes unless otherwise specified in this\\narticle, the board of trustees of the charter school shall constitute a\\nboard of education solely for purposes of article fourteen of the civil\\nservice law, except for section two hundred twelve of such law, and for\\nno other purposes unless otherwise specified in this article, a charter\\nschool shall be deemed to be a public employer solely for purposes of\\narticle fourteen of the civil service law, except for section two\\nhundred twelve of such law, and for no other purposes unless otherwise\\nspecified in this article, and the chief executive officer of the\\ncharter school shall be the person designated as such by the board of\\ntrustees of the charter school.\\n (a-1) The board of trustees of a charter school shall employ and\\ncontract with necessary teachers, administrators and other school\\npersonnel. Such teachers shall be certified in accordance with the\\nrequirements applicable to other public schools; provided, however, that\\na charter school may employ as teachers (i) uncertified teachers with at\\nleast three years of elementary, middle or secondary classroom teaching\\nexperience; (ii) tenured or tenure track college faculty; (iii)\\nindividuals with two years of satisfactory experience through the Teach\\nfor America program; and (iv) individuals who possess exceptional\\nbusiness, professional, artistic, athletic, or military experience,\\nprovided, however, that such teachers described in clauses (i), (ii),\\n(iii), and (iv) of this paragraph shall not in total comprise more than\\nthirty per centum of the teaching staff of a charter school, or five\\nteachers, whichever is less. A teacher certified or otherwise approved\\nby the commissioner shall not be included in the numerical limits\\nestablished by the preceding sentence.\\n * (a-2) (i) The board of trustees of a charter school shall require,\\nfor purposes of a criminal history record check, the fingerprinting of\\nall prospective employees pursuant to section three thousand thirty-five\\nof this chapter, who do not hold valid clearance pursuant to such\\nsection or pursuant to section three thousand four-b of this chapter or\\nsection five hundred nine-cc or twelve hundred twenty-nine-d of the\\nvehicle and traffic law. Prior to initiating the fingerprinting process,\\nthe prospective employer shall furnish the applicant with the form\\ndescribed in paragraph (c) of subdivision thirty of section three\\nhundred five of this chapter and shall obtain the applicant's consent to\\nthe criminal history records search. Every set of fingerprints taken\\npursuant to this paragraph shall be promptly submitted to the\\ncommissioner for purposes of clearance for employment.\\n (ii) Upon the recommendation of the chief executive officer of the\\ncharter school, the board of trustees of a charter school may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance shall be forwarded to the commissioner along with the\\nprospective employee's fingerprints, as required by subparagraph (i) of\\nthis paragraph. Such appointment shall not commence until notification\\nby the commissioner that the prospective employee has been conditionally\\ncleared for employment and shall terminate forty-five days after such\\nnotification of conditional clearance or when the prospective employer\\nis notified of a determination by the commissioner to grant or deny\\nclearance, whichever occurs earlier, and may not be extended or renewed\\nunless the commissioner issues a new conditional clearance after finding\\nthat there was good cause for failing to obtain clearance within such\\nperiod, provided that if clearance is granted, the appointment shall\\ncontinue and the conditional status shall be removed. Prior to\\ncommencement of such conditional appointment, the prospective employer\\nshall obtain a signed statement for conditional appointment from the\\nprospective employee, indicating whether, to the best of his or her\\nknowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n (iii) Upon the recommendation of the chief executive officer of the\\ncharter school, the board of trustees of a charter school may make an\\nemergency conditional appointment when an unforeseen emergency vacancy\\nhas occurred. When such appointment is made, the process for conditional\\nappointment pursuant to subparagraph (ii) of this paragraph must also be\\ninitiated. Emergency conditional appointment may commence prior to\\nnotification from the commissioner on conditional clearance but shall\\nterminate twenty business days from the date such appointment commences\\nor when the prospective employer is notified by the commissioner\\nregarding conditional clearance, whichever occurs earlier, provided that\\nif conditional clearance is granted, the appointment shall continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\nunforeseen emergency vacancy shall be defined as: (1) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (2) when no other qualified person\\nis available to fill the vacancy temporarily; and (3) when emergency\\nconditional appointment is necessary to maintain services which the\\ncharter school is legally required to provide or services necessary to\\nprotect the health, education or safety of students or staff. The\\nprovisions of clause one of this subparagraph shall not apply if the\\nboard finds that the charter school has been unable to fill the vacancy\\ndespite good faith efforts to fill such vacancy in a manner which would\\nhave allowed sufficient time for clearance or conditional clearance.\\n (iv) Shall develop a policy for the safety of the children who have\\ncontact with an employee holding conditional appointment or emergency\\nconditional appointment.\\n * NB Effective until July 1, 2015\\n * (a-2) The board of trustees of a charter school shall require, for\\npurposes of a criminal history record check, the fingerprinting of all\\nprospective employees pursuant to section three thousand thirty-five of\\nthis chapter, who do not hold valid clearance pursuant to such section\\nor pursuant to section three thousand four-b of this chapter or section\\nfive hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and\\ntraffic law. Prior to initiating the fingerprinting process, the\\nprospective employer shall furnish the applicant with the form described\\nin paragraph (c) of subdivision thirty of section three hundred five of\\nthis chapter and shall obtain the applicant's consent to the criminal\\nhistory records search. Every set of fingerprints taken pursuant to this\\nparagraph shall be promptly submitted to the commissioner for purposes\\nof clearance for employment.\\n * NB Effective July 1, 2015\\n (a-3) The board of trustees of a charter school shall upon\\ncommencement and termination of employment of an employee by the charter\\nschool district, provide the commissioner with the name of and position\\nheld by such employee.\\n (b) The school employees of a charter school that has been converted\\nfrom an existing public school who are eligible for representation under\\narticle fourteen of the civil service law shall be deemed to be included\\nwithin the negotiating unit containing like titles or positions, if any,\\nfor the school district in which such charter school is located and\\nshall be subject to the collective bargaining agreement covering that\\nschool district negotiating unit; provided, however, that a majority of\\nthe members of a negotiating unit within a charter school may modify, in\\nwriting, a collective bargaining agreement for the purposes of\\nemployment in the charter school with the approval of the board of\\ntrustees of the charter school.\\n (b-1) The employees of a charter school that is not a conversion from\\nan existing public school shall not be deemed members of any existing\\ncollective bargaining unit representing employees of the school district\\nin which the charter school is located, and the charter school and its\\nemployees shall not be subject to any existing collective bargaining\\nagreement between the school district and its employees. Provided,\\nhowever, that (i) if the student enrollment of the charter school on the\\nfirst day on which the charter school commences student instruction\\nexceeds two hundred fifty or if the average daily student enrollment of\\nsuch school exceeds two hundred fifty students at any point during the\\nfirst two years after the charter school commences student instruction,\\nall employees of the school who are eligible for representation under\\narticle fourteen of the civil service law shall be deemed to be\\nrepresented in a separate negotiating unit at the charter school by the\\nsame employee organization, if any, that represents like employees in\\nthe school district in which such charter school is located; (ii) the\\nprovisions of subparagraph (i) of this paragraph may be waived in up to\\nten charters issued on the recommendation of the charter entity set\\nforth in paragraph (b) of subdivision three of section twenty-eight\\nhundred fifty-one of this article; (iii) the provisions of subparagraph\\n(i) of this paragraph shall not be applicable to the renewal or\\nextension of a charter; and (iv) nothing in this sentence shall be\\nconstrued to subject a charter school subject to the provisions of this\\nparagraph or its employees to any collective bargaining agreement\\nbetween any public school district and its employees or to make the\\nemployees of such charter school part of any negotiating unit at such\\nschool district. The charter school may, in its sole discretion, choose\\nwhether or not to offer the terms of any existing collective bargaining\\nto school employees.\\n (c) The employees of the charter school may be deemed employees of the\\nlocal school district for the purpose of providing retirement benefits,\\nincluding membership in the teachers' retirement system and other\\nretirement systems open to employees of public schools. The financial\\ncontributions for such benefits shall be the responsibility of the\\ncharter school and the school's employees. The commissioner, in\\nconsultation with the comptroller, shall develop regulations to\\nimplement the provisions of this paragraph in a manner that allows\\ncharter schools to provide retirement benefits to its employees in the\\nsame manner as other public school employees.\\n (c-1) Reasonable access. (i) If employees of the charter school are\\nnot represented, any charter school chartered pursuant to this article\\nmust afford reasonable access to any employee organization during the\\nreasonable proximate period before any representation question is\\nraised; or\\n (ii) If the employee organization is a challenging organization,\\nreasonable access must be provided to any organization seeking to\\nrepresent employees beginning with a date reasonably proximate to a\\nchallenge period. Reasonableness is defined, at a minimum, as access\\nequal to that provided to the incumbent organization.\\n (c-2) Employer neutrality. It shall be an improper practice for a\\ncharter school board of directors, chief administrative officer and\\ntheir agents to commit any of the acts set forth in subdivision one of\\nsection two hundred nine-a of the civil service law and could in\\naccordance with section twenty-eight hundred fifty-five of this article,\\nresult in the revocation of the charter.\\n (d) A teacher employed by a school district may make a written request\\nto the board of education for an extended leave of absence to teach at a\\ncharter school. Approval for such a leave of absence for a period of\\nthree years or less shall not be unreasonably withheld. If such approval\\nis granted to a teacher by the school district, the teacher may return\\nto teach in the school district during such period of leave without the\\nloss of any right of certification, retirement, seniority, salary status\\nor any other benefit provided by law or by collective bargaining\\nagreement. If an appropriate position is unavailable, the teacher's name\\nshall be placed on a preferred eligible list of candidates for\\nappointment to a vacancy that may thereafter occur in an office or\\nposition similar to the one such teacher filled in such school district\\nimmediately prior to the leave of service.\\n (d-1) In a school district of a city having a population of one\\nmillion or more, a principal employed by such school district may make a\\nwritten request to the board of education for an extended leave of\\nabsence to serve as a principal of a charter school. Approval for such a\\nleave of absence for a period of three years or less shall not be\\nunreasonably withheld. If such approval is granted to a principal by the\\nschool district, the principal may return to serve as a principal in the\\nschool district during such period of leave without the loss of any\\nright of certification, retirement, seniority, salary status or any\\nother benefit provided by law or by collective bargaining agreement. If\\nan appropriate position is unavailable, the principal's name shall be\\nplaced on a preferred eligible list of candidates for appointment to a\\nvacancy that may thereafter occur in an office or position similar to\\nthe one such principal filled in such school district immediately prior\\nto the leave of service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2855", "title" : "Causes for revocation or termination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2855", "activeDate" : "2014-09-22", "sequenceNo" : 1024, "repealedDate" : null, "fromSection" : "2855", "toSection" : "2855", "text" : " § 2855. Causes for revocation or termination. 1. The charter entity,\\nor the board of regents, may terminate a charter upon any of the\\nfollowing grounds:\\n (a) When a charter school's outcome on student assessment measures\\nadopted by the board of regents falls below the level that would allow\\nthe commissioner to revoke the registration of another public school,\\nand student achievement on such measures has not shown improvement over\\nthe preceding three school years;\\n (b) Serious violations of law;\\n (c) Material and substantial violation of the charter, including\\nfiscal mismanagement;\\n (d) When the public employment relations board makes a determination\\nthat the charter school demonstrates a practice and pattern of egregious\\nand intentional violations of subdivision one of section two hundred\\nnine-a of the civil service law involving interference with or\\ndiscrimination against employee rights under article fourteen of the\\ncivil service law; or\\n (e) Repeated failure to comply with the requirement to meet or exceed\\nenrollment and retention targets of students with disabilities, English\\nlanguage learners, and students who are eligible applicants for the free\\nand reduced price lunch program pursuant to targets established by the\\nboard of regents or the board of trustees of the state university of New\\nYork, as applicable. Provided, however, if no grounds for terminating a\\ncharter are established pursuant to this section other than pursuant to\\nthis paragraph, and the charter school demonstrates that it has made\\nextensive efforts to recruit and retain such students, including\\noutreach to parents and families in the surrounding communities, widely\\npublicizing the lottery for such school, and efforts to academically\\nsupport such students in such charter school, then the charter entity or\\nboard of regents may retain such charter.\\n 2. Notice of intent to revoke a charter shall be provided to the board\\nof trustees of a charter school at least thirty days prior to the\\neffective date of the proposed revocation. Such notice shall include a\\nstatement of reasons for the proposed revocation. The charter school\\nshall be allowed at least thirty days to correct the problems associated\\nwith the proposed revocation. Prior to revocation of the charter, a\\ncharter school shall be provided an opportunity to be heard, consistent\\nwith the requirements of due process. Upon the termination of a charter,\\nthe charter school shall proceed with dissolution pursuant to the\\nprocedures of the charter and direction of the charter entity and the\\nboard of regents.\\n 3. In addition to the provisions of subdivision two of this section,\\nthe charter entity or the board of regents may place a charter school\\nfalling within the provisions of subdivision one of this section on\\nprobationary status to allow the implementation of a remedial action\\nplan. The failure of a charter school to comply with the terms and\\nconditions of a remedial action plan may result in summary revocation of\\nthe school's charter.\\n 4. Any individual or group may bring a complaint to the board of\\ntrustees of a charter school alleging a violation of the provisions of\\nthis article, the charter, or any other provision of law relating to the\\nmanagement or operation of the charter school. If, after presentation of\\nthe complaint to the board of trustees of a charter school, the\\nindividual or group determines that such board has not adequately\\naddressed the complaint, they may present that complaint to the charter\\nentity, which shall investigate and respond. If, after presentation of\\nthe complaint to the charter entity, the individual or group determines\\nthat the charter entity has not adequately addressed the complaint, they\\nmay present that complaint to the board of regents, which shall\\ninvestigate and respond. The charter entity and the board of regents\\nshall have the power and the duty to issue appropriate remedial orders\\nto charter schools under their jurisdiction to effectuate the provisions\\nof this section.\\n 5. The regulatory power of the board of regents and the commissioner\\nshall not extend to charter schools except as otherwise specifically\\nprovided in this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2856", "title" : "Financing of charter schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2017-04-21", "2017-08-18", "2018-07-06", "2020-04-17", "2021-04-23", "2021-07-30", "2024-04-26", "2024-05-31", "2024-07-05" ], "docLevelId" : "2856", "activeDate" : "2014-09-22", "sequenceNo" : 1025, "repealedDate" : null, "fromSection" : "2856", "toSection" : "2856", "text" : " § 2856. Financing of charter schools. * 1. (a) The enrollment of\\nstudents attending charter schools shall be included in the enrollment,\\nattendance, membership and, if applicable, count of students with\\ndisabilities of the school district in which the pupil resides. The\\ncharter school shall report all such data to the school districts of\\nresidence in a timely manner. Each school district shall report such\\nenrollment, attendance and count of students with disabilities to the\\ndepartment. The school district of residence shall pay directly to the\\ncharter school for each student enrolled in the charter school who\\nresides in the school district the charter school basic tuition, which\\nshall be:\\n (i) for school years prior to the two thousand nine--two thousand ten\\nschool year and for school years following the two thousand sixteen--two\\nthousand seventeen school year, an amount equal to one hundred percent\\nof the amount calculated pursuant to paragraph f of subdivision one of\\nsection thirty-six hundred two of this chapter for the school district\\nfor the year prior to the base year increased by the percentage change\\nin the state total approved operating expense calculated pursuant to\\nparagraph t of subdivision one of section thirty-six hundred two of this\\nchapter from two years prior to the base year to the base year;\\n (ii) for the two thousand nine--two thousand ten school year, the\\ncharter school basic tuition shall be the amount payable by such\\ndistrict as charter school basic tuition for the two thousand eight--two\\nthousand nine school year;\\n (iii) for the two thousand ten--two thousand eleven through two\\nthousand thirteen--two thousand fourteen school years, the charter\\nschool basic tuition shall be the basic tuition computed for the two\\nthousand ten--two thousand eleven school year pursuant to the provisions\\nof subparagraph (i) of this paragraph;\\n (iv) for the two thousand fourteen--two thousand fifteen, two thousand\\nfifteen--two thousand sixteen and two thousand sixteen--two thousand\\nseventeen school years, the charter school basic tuition shall be the\\nsum of the lesser of the charter school basic tuition computed for the\\ntwo thousand ten--two thousand eleven school year pursuant to the\\nprovisions of subparagraph (i) of this paragraph or the charter school\\nbasic tuition computed for the current year pursuant to the provisions\\nof subparagraph (i) of this paragraph plus the supplemental basic\\ntuition.\\n For the purposes of this subdivision, the \"supplemental basic tuition\"\\nshall be (A) for a school district for which the charter school basic\\ntuition computed for the current year is greater than or equal to the\\ncharter school basic tuition for the two thousand ten--two thousand\\neleven school year pursuant to the provisions of subparagraph (i) of\\nthis paragraph, (1) for the two thousand fourteen--two thousand fifteen\\nschool year two hundred and fifty dollars, and (2) for the two thousand\\nfifteen--two thousand sixteen school year three hundred and fifty\\ndollars, and (3) for the two thousand sixteen--two thousand seventeen\\nschool year five hundred dollars, and (B) for a school district for\\nwhich the charter school basic tuition for the two thousand ten--two\\nthousand eleven school year is greater than the charter school basic\\ntuition for the current year pursuant to the provisions of subparagraph\\n(i) of this paragraph, the positive difference of the charter school\\nbasic tuition for the two thousand ten--two thousand eleven school year\\nminus the charter school basic tuition for the current year pursuant to\\nthe provisions of subparagraph (i) of this paragraph.\\n (b) The school district shall also pay directly to the charter school\\nany federal or state aid attributable to a student with a disability\\nattending charter school in proportion to the level of services for such\\nstudent with a disability that the charter school provides directly or\\nindirectly. Notwithstanding anything in this section to the contrary,\\namounts payable pursuant to this subdivision from state or local funds\\nmay be reduced pursuant to an agreement between the school and the\\ncharter entity set forth in the charter. Payments made pursuant to this\\nsubdivision shall be made by the school district in six substantially\\nequal installments each year beginning on the first business day of July\\nand every two months thereafter. Amounts payable under this subdivision\\nshall be determined by the commissioner. Amounts payable to a charter\\nschool in its first year of operation shall be based on the projections\\nof initial-year enrollment set forth in the charter until actual\\nenrollment data is reported to the school district by the charter\\nschool. Such projections shall be reconciled with the actual enrollment\\nas actual enrollment data is so reported and at the end of the school's\\nfirst year of operation and each subsequent year based on a final report\\nof actual enrollment by the charter school, and any necessary\\nadjustments resulting from such final report shall be made to payments\\nduring the school's following year of operation.\\n (c) Notwithstanding any other provision of this subdivision to the\\ncontrary, payment of the federal aid attributable to a student with a\\ndisability attending a charter school shall be made in accordance with\\nthe requirements of section 8065-a of title twenty of the United States\\ncode and sections 76.785-76.799 and 300.209 of title thirty-four of the\\ncode of federal regulations.\\n (d) School districts shall be eligible for an annual apportionment\\nequal to the amount of the supplemental basic tuition paid to the\\ncharter school in the base year for the expenses incurred in the two\\nthousand fourteen--two thousand fifteen, two thousand fifteen--two\\nthousand sixteen, and two thousand sixteen--two thousand seventeen\\nschool years.\\n * NB Effective until June 30, 2015\\n * 1. (a) The enrollment of students attending charter schools shall be\\nincluded in the enrollment, attendance and, if applicable, count of\\nstudents with disabilities of the school district in which the pupil\\nresides. The charter school shall report all such data to the school\\ndistricts of residence in a timely manner. Each school district shall\\nreport such enrollment, attendance and count of students with\\ndisabilities to the department. The school district of residence shall\\npay directly to the charter school for each student enrolled in the\\ncharter school who resides in the school district the charter school\\nbasic tuition which shall be:\\n (i) for school years prior to the two thousand nine--two thousand ten\\nschool year and for school years following the two thousand sixteen--two\\nthousand seventeen school year, an amount equal to one hundred percent\\nof the amount calculated pursuant to paragraph f of subdivision one of\\nsection thirty-six hundred two of this chapter for the school district\\nfor the year prior to the base year increased by the percentage change\\nin the state total approved operating expense calculated pursuant to\\nparagraph t of subdivision one of section thirty-six hundred two of this\\nchapter from two years prior to the base year to the base year;\\n (ii) for the two thousand nine--two thousand ten school year, the\\ncharter school basic tuition shall be the amount payable by such\\ndistrict as charter school basic tuition for the two thousand eight--two\\nthousand nine school year;\\n (iii) for the two thousand ten--two thousand eleven through two\\nthousand thirteen--two thousand fourteen school years, the charter\\nschool basic tuition shall be the basic tuition computed for the two\\nthousand ten--two thousand eleven school year pursuant to the provisions\\nof subparagraph (i) of this paragraph;\\n (iv) for the two thousand fourteen--two thousand fifteen, two thousand\\nfifteen--two thousand sixteen and two thousand sixteen--two thousand\\nseventeen school years, the charter school basic tuition shall be the\\nsum of the lesser of the charter school basic tuition computed for the\\ntwo thousand ten--two thousand eleven school year pursuant to the\\nprovisions of subparagraph (i) of this paragraph or the charter school\\nbasic tuition computed for the current year pursuant to the provisions\\nof subparagraph (i) of this paragraph plus the supplemental basic\\ntuition.\\n For the purposes of this subdivision, the \"supplemental basic tuition\"\\nshall be (A) for a school district for which the charter school basic\\ntuition computed for the current year is greater than or equal to the\\ncharter school basic tuition for the two thousand ten--two thousand\\neleven school year pursuant to the provisions of subparagraph (i) of\\nthis paragraph, (1) for the two thousand fourteen--two thousand fifteen\\nschool year two hundred and fifty dollars, and (2) for the two thousand\\nfifteen--two thousand sixteen school year three hundred and fifty\\ndollars, and (3) for the two thousand sixteen--two thousand seventeen\\nschool year five hundred dollars, and (B) for a school district for\\nwhich the charter school basic tuition for the two thousand ten--two\\nthousand eleven school year is greater than the charter school basic\\ntuition for the current year pursuant to the provisions of subparagraph\\n(i) of this paragraph, the positive difference of the charter school\\nbasic tuition for the two thousand ten--two thousand eleven school year\\nminus the charter school basic tuition for the current year pursuant to\\nthe provisions of subparagraph (i) of this paragraph.\\n (b) The school district shall also pay directly to the charter school\\nany federal or state aid attributable to a student with a disability\\nattending charter school in proportion to the level of services for such\\nstudent with a disability that the charter school provides directly or\\nindirectly. Notwithstanding anything in this section to the contrary,\\namounts payable pursuant to this subdivision may be reduced pursuant to\\nan agreement between the school and the charter entity set forth in the\\ncharter. Payments made pursuant to this subdivision shall be made by the\\nschool district in six substantially equal installments each year\\nbeginning on the first business day of July and every two months\\nthereafter. Amounts payable under this subdivision shall be determined\\nby the commissioner. Amounts payable to a charter school in its first\\nyear of operation shall be based on the projections of initial-year\\nenrollment set forth in the charter. Such projections shall be\\nreconciled with the actual enrollment at the end of the school's first\\nyear of operation, and any necessary adjustments shall be made to\\npayments during the school's second year of operation.\\n (c) School districts shall be eligible for an annual apportionment\\nequal to the amount of the supplemental basic tuition paid to the\\ncharter school in the base year for the expenses incurred in the two\\nthousand fourteen--two thousand fifteen, two thousand fifteen--two\\nthousand sixteen, and two thousand sixteen--two thousand seventeen\\nschool years.\\n * NB Effective June 30, 2015\\n 2. In the event of the failure of the school district to make payments\\nrequired by this section, the state comptroller shall deduct from any\\nstate funds which become due to such school district an amount equal to\\nthe unpaid obligation. The comptroller shall pay over such sum to the\\ncharter school upon certification of the commissioner. The commissioner\\nshall promulgate regulations to implement the provisions of this\\nsubdivision.\\n 3. Nothing in this article shall be construed to prohibit any person\\nor organization from providing funding or other assistance to the\\nestablishment or operation of a charter school. The board of trustees of\\na charter school is authorized to accept gifts, donations or grants of\\nany kind made to the charter school and to expend or use such gifts,\\ndonations or grants in accordance with the conditions prescribed by the\\ndonor; provided, however, that no gift, donation or grant may be\\naccepted if subject to a condition that is contrary to any provision of\\nlaw or term of the charter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "2857", "title" : "Notice; review and assessment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2857", "activeDate" : "2014-09-22", "sequenceNo" : 1026, "repealedDate" : null, "fromSection" : "2857", "toSection" : "2857", "text" : " § 2857. Notice; review and assessment. 1. The board of regents shall\\ndistribute information announcing the availability of the charter school\\nprocess described in this article to each local school district and\\npublic postsecondary educational institution. At each significant stage\\nof the chartering process, the charter entity and the board of regents\\nshall provide appropriate notification to the school district in which\\nthe charter school is located and to public and nonpublic schools in the\\nsame geographic area as the proposed charter school. Such notification\\nshall be provided by each charter entity within thirty days of its\\nreceipt of an application for formation of a new charter school or for\\nrenewal of an existing charter school, and at least forty-five days\\nprior to initial approval of the charter application by the charter\\nentity. Prior to the issuance, revision, or renewal of a charter, the\\nschool district in which the charter school is located shall hold a\\npublic hearing to solicit comments from the community in connection with\\nthe foregoing. Such hearing shall be held within the community\\npotentially impacted by the proposed charter school. When a revision\\ninvolves the relocation of a charter school to a different school\\ndistrict, the proposed new school district shall also hold such hearing.\\nIn addition, such school districts shall be given an opportunity to\\ncomment on the proposed charter to the charter entity and such charter\\nentity shall consider any comments raised and submit any such comments\\nto the board of regents with the application for issuance, revision, or\\nrenewal of a charter.\\n 1-a. In the event the school district fails to conduct a public\\nhearing, the board of regents shall conduct a public hearing to solicit\\ncomments from the community in connection with the issuance, revision,\\nor renewal of a charter.\\n 2. Each charter school shall submit to the charter entity and to the\\nboard of regents an annual report. Such report shall be issued no later\\nthan the first day of August of each year for the preceding school year\\nand shall be made publicly available by such date and shall be posted on\\nthe charter school's website. The annual report shall be in such form as\\nshall be prescribed by the commissioner and shall include at least the\\nfollowing components:\\n (a) a charter school report card, which shall include measures of the\\ncomparative academic and fiscal performance of the school, as prescribed\\nby the commissioner in regulations adopted for such purpose. Such\\nmeasures shall include, but not be limited to, graduation rates, dropout\\nrates, performance of students on standardized tests, college entry\\nrates, total spending per pupil and administrative spending per pupil.\\nSuch measures shall be presented in a format that is easily comparable\\nto similar public schools. In addition, the charter school shall ensure\\nthat such information is easily accessible to the community including\\nmaking it publicly available by transmitting it to local newspapers of\\ngeneral circulation and making it available for distribution at board of\\ntrustee meetings.\\n (b) discussion of the progress made towards achievement of the goals\\nset forth in the charter.\\n (c) a certified financial statement setting forth, by appropriate\\ncategories, the revenues and expenditures for the preceding school year,\\nincluding a copy of the most recent independent fiscal audit of the\\nschool and any audit conducted by the comptroller of the state of New\\nYork.\\n (d) efforts taken by the charter school in the existing school year,\\nand a plan for efforts to be taken in the succeeding school year, to\\nmeet or exceed enrollment and retention targets set by the board of\\nregents or the board of trustees of the state university of New York, as\\napplicable, of students with disabilities, English language learners,\\nand students who are eligible applicants for the free and reduced price\\nlunch program established pursuant to paragraph (e) of subdivision four\\nof section twenty-eight hundred fifty-one of this article.\\n 3. The board of regents shall report annually to the governor, the\\ntemporary president of the senate, and the speaker of the assembly the\\nfollowing information:\\n (a) The number, distribution, and a brief description of new charter\\nschools established during the preceding year;\\n (a-1) A list including the number of charter schools closed during the\\npreceding year, and a brief description of the reasons therefor\\nincluding, but not limited to, non-renewal of the charter or revocation\\nof the charter;\\n (b) The department's assessment of the current and projected\\nprogrammatic and fiscal impact of charter schools on the delivery of\\nservices by school districts;\\n (c) The academic progress of students attending charter schools, as\\nmeasured against comparable public and nonpublic schools with similar\\nstudent population characteristics wherever practicable;\\n (d) A list of all actions taken by a charter entity on charter\\napplication and the rationale for the renewal or revocation of any\\ncharters; and\\n (e) Any other information regarding charter schools that the board of\\nregents deems necessary.\\n The format for this annual report shall be developed in consultation\\nwith representatives of school districts and charter school officials.\\n 4. The board of regents shall review the educational effectiveness of\\nthe charter school approach authorized by this article and the effect of\\ncharter schools on the public and nonpublic school systems. Not later\\nthan December thirty-first, two thousand three, the board of regents\\nshall report to the governor, the temporary president of the senate, the\\nspeaker of the assembly and the board of regents with recommendations to\\nmodify, expand, or terminate that approach. Such report shall include,\\nfor each charter school, a copy of the school's mission statement,\\nattendance statistics and dropout rates, student performance on\\nstandardized assessment tests, projections of financial stability, and,\\nwherever practicable, comparisons to other public schools.\\n 5. The board of regents shall on an annual basis review and make\\navailable to school districts best educational practices employed by\\ncharter schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T4", "title" : "Teachers and Pupils", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1027, "repealedDate" : null, "fromSection" : "3001", "toSection" : "3318", "text" : " TITLE IV\\n TEACHERS AND PUPILS\\nArticle 61 Teachers and supervisory and administrative staff\\n (§§ 3001-3036).\\n 63 Salaries of teachers and supervisors (§§ 3101--3109-A).\\n 65 Compulsory education and school census (§§ 3201-3243).\\n Part I--Compulsory education (§§ 3201-3234).\\n Part II--School census (§§ 3240-3243).\\n 66 Interstate compact on educational opportunity for military\\n children (§§ 3300-3318).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A61", "title" : "Teachers and Supervisory and Administrative Staff", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-04-21", "2017-08-18", "2018-08-31", "2018-11-09", "2024-07-05" ], "docLevelId" : "61", "activeDate" : "2014-09-22", "sequenceNo" : 1028, "repealedDate" : null, "fromSection" : "3001", "toSection" : "3036", "text" : " ARTICLE 61\\n TEACHERS AND SUPERVISORY AND ADMINISTRATIVE STAFF\\nSection 3001. Qualifications of teachers.\\n 3001-a. Temporary teaching permit, person not a citizen.\\n 3001-b. First aid instruction mandatory for coaches of\\n extra-class public school athletic activities.\\n 3001-c. First aid instruction mandatory for coaches of high\\n school extra-class nonpublic school athletic\\n activities.\\n 3001-d. Criminal history record checks and conditional\\n appointments; nonpublic and private schools.\\n 3002. Oath to support federal and state constitutions.\\n 3003. Qualifications of superintendents.\\n 3004. Regulations governing certification of teachers.\\n 3004-a. National board for professional teaching standards\\n certification grant program.\\n 3004-b. Special procedures for certification.\\n 3004-c. Denial of application for certification.\\n 3005. Leave of absence to teachers for teaching in foreign\\n countries, other states and territories and other\\n school districts.\\n 3005-a. Leave of absence for teaching purposes.\\n 3005-b. Leave of absence for personal illness.\\n 3006. Commissioner of education to issue certificates.\\n 3007. Endorsement of foreign certificates and diplomas.\\n 3008. Certification of teachers by local authorities.\\n 3009. Unqualified teachers shall not be paid from school\\n moneys.\\n 3010. Penalty for payment of unqualified teacher.\\n 3011. Contract with teacher.\\n 3012. Tenure: certain school districts.\\n 3012-a. Elementary tenure area.\\n 3012-c. Annual professional performance review of classroom\\n teachers and building principals.\\n 3013. Abolition of office or position.\\n 3014. Tenure: boards of cooperative educational services.\\n 3014-a. Teachers' rights as a result of a board or boards of\\n cooperative educational services taking over a program\\n formerly operated by a school district or districts or\\n by a county vocational education and extension board.\\n 3014-b. Teachers' rights as a result of a school district taking\\n over a program formerly operated by a board of\\n cooperative educational services.\\n 3014-c. Teachers' rights as a result of a school district taking\\n back tuition students.\\n 3014-d. Teachers' rights as a result of a school district\\n sending students to another district on a tuition\\n basis pursuant to section two thousand forty of this\\n chapter.\\n 3015. Teacher's salary when payable.\\n 3016. Contract when teacher is related to trustee or member of\\n board of education.\\n 3017. Individual liability of trustees.\\n 3018. Revocation of certificate by district superintendent.\\n 3019. Penalty for teacher's failure to complete contract.\\n 3019-a. Notice of termination of service by teachers.\\n 3020. Discipline of teachers.\\n 3020-a. Disciplinary procedures and penalties.\\n 3021. Removal of superintendents, teachers and employees for\\n treasonable or seditious acts or utterances.\\n 3022. Elimination of subversive persons from the public school\\n system.\\n 3023. Liability of a board of education, trustee, trustees or\\n board of cooperative educational services.\\n 3024. Teachers responsible for record books.\\n 3025. Verification of school register.\\n 3026. Discriminations based on sex prohibited.\\n 3027. Discrimination based on age prohibited.\\n 3028. Liability of school district for cost and attorney's\\n fees of action against, or prosecutions of, teachers,\\n members of supervisory and administrative staff or\\n employees, and school volunteers.\\n 3028-a. Students under twenty-one years of age suspected of\\n alcohol abuse or narcotic addiction.\\n 3028-b. Notification of teachers' duty to provide information\\n and immunity from liability.\\n 3028-c. Protection of school employees who report acts of\\n violence and weapons possession.\\n 3028-d. Protection of school employees who report information\\n regarding illegal or inappropriate financial\\n practices.\\n 3029. Hours of continuous duty for full time teachers.\\n 3029-a. Silent meditation in public schools.\\n 3030. Interstate agreement on qualifications of educational\\n personnel.\\n 3031. Procedure when tenure not to be granted at conclusion of\\n probationary period or when services to be\\n discontinued.\\n 3032. Teacher summer business training and employment program;\\n and employer specific skill training grant program.\\n 3033. New York state mentor teacher-internship program.\\n 3034. Teacher career recruitment clearinghouse.\\n 3035. Duties of commissioner; submission of fingerprints.\\n 3036. Coursework for reporting child abuse and maltreatment\\n for those with coaching licenses or coaching\\n certificates.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3001", "title" : "Qualifications of teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-21", "2017-08-18", "2019-11-01", "2022-12-16" ], "docLevelId" : "3001", "activeDate" : "2014-09-22", "sequenceNo" : 1029, "repealedDate" : null, "fromSection" : "3001", "toSection" : "3001", "text" : " * § 3001. Qualifications of teachers. No person shall be employed or\\nauthorized to teach in the public schools of the state who is:\\n 1. Under the age of eighteen years.\\n 2. Not in possession of a teacher's certificate issued under the\\nauthority of this chapter or a diploma issued on the completion of a\\ncourse in state college for teachers or state teachers college of this\\nstate.\\n The provisions of this subdivision shall not prohibit a certified\\nteacher from permitting a practice or cadet teacher enrolled in an\\napproved teacher education program from teaching a class without the\\npresence of the certified teacher in the classroom provided the\\nclassroom certified teacher is available at all times and retains\\nsupervision of the practice or cadet teacher. The number of certified\\nteachers shall not be diminished by reason of the presence of cadet\\nteachers.\\n 3. Not a citizen. The provisions of this subdivision shall not apply,\\nhowever, to an alien teacher now or hereafter employed, provided such\\nteacher shall make due application to become a citizen and thereafter\\nwithin the time prescribed by law shall become a citizen. The provisions\\nof this subdivision shall not apply, after July first, nineteen hundred\\nsixty-seven, to an alien teacher employed pursuant to regulations\\nadopted by the commissioner of education permitting such employment. The\\ncitizenship requirements of this subdivision shall not apply to an alien\\nteacher now or hereafter employed whose immigration status is that of a\\nlawful permanent resident of the United States and who would otherwise\\nbe eligible to serve as a teacher, or to apply for or receive permanent\\ncertification as a teacher, but for the foregoing requirements of this\\nsubdivision.\\n * NB Effective until November 30, 2017\\n * § 3001. Qualifications of teachers. No person shall be employed or\\nauthorized to teach in the public schools of the state who is:\\n 1. Under the age of eighteen years.\\n 2. Not in possession of a teacher's certificate issued under the\\nauthority of this chapter or a diploma issued on the completion of a\\ncourse in state college for teachers or state teachers college of this\\nstate.\\n The provisions of this subdivision shall not prohibit a certified\\nteacher from permitting a practice or cadet teacher enrolled in an\\napproved teacher education program from teaching a class without the\\npresence of the certified teacher in the classroom provided the\\nclassroom certified teacher is available at all times and retains\\nsupervision of the practice or cadet teacher. The number of certified\\nteachers shall not be diminished by reason of the presence of cadet\\nteachers.\\n 3. Not a citizen. The provisions of this subdivision shall not apply,\\nhowever, to an alien teacher now or hereafter employed, provided such\\nteacher shall make due application to become a citizen and thereafter\\nwithin the time prescribed by law shall become a citizen. The provisions\\nof this subdivision shall not apply, after July first, nineteen hundred\\nsixty-seven, to an alien teacher employed pursuant to regulations\\nadopted by the commissioner of education permitting such employment.\\n * NB Effective November 30, 2017\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3001-A", "title" : "Temporary teaching permit, person not a citizen", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3001-A", "activeDate" : "2014-09-22", "sequenceNo" : 1030, "repealedDate" : null, "fromSection" : "3001-A", "toSection" : "3001-A", "text" : " § 3001-a. Temporary teaching permit, person not a citizen. A person,\\nnot a citizen, who files with the department satisfactory proof that he\\nhas filed with the attorney general of the United States a first\\npreference petition pursuant to section two hundred three (a) (1) of the\\nimmigration and nationality act and that said petition has been approved\\nby such attorney general upon certification by the department of\\njustice, immigration and naturalization service, that he is unable to\\nadjust his status to that of a lawful permanent resident of the United\\nStates solely because of an over-subscribed quota to which he is\\nchargeable may receive from the commissioner of education,\\nnotwithstanding the provisions of subdivision three of section three\\nthousand one of this chapter, a temporary permit validating his\\nemployment in a teaching capacity in the public schools of the state.\\nSuch temporary permit shall be valid for one year from the date of issue\\nand may, upon proper application to the commissioner, be once renewed\\nfor a further period of one year. Such application shall be in the form\\nrequired by the commissioner. Such applicant shall not be employed\\nuntil he shall have taken and subscribed the following oath or\\naffirmation:\\n \"I do solemnly swear (or affirm) that I will support the constitution\\nof the United States of America and the constitution of the State of New\\nYork, and that I will faithfully discharge, according to the best of my\\nability, the duties of the position of.......................(title of\\nposition and name or designation of school, college, university or\\ninstitution to be here inserted), to which I am now assigned.\" The\\naffidavit and oath required by this section shall be administered by the\\nsuperintendent of schools having jurisdiction over the school district\\nin which such person is to be employed or his duly authorized\\nrepresentative and shall be filed with the commissioner of education.\\nCopies thereof shall be filed with the superintendent of schools.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3001-B", "title" : "First aid instruction mandatory for coaches of extra-class public school athletic activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-29", "2022-07-08", "2022-08-19" ], "docLevelId" : "3001-B", "activeDate" : "2014-09-22", "sequenceNo" : 1031, "repealedDate" : null, "fromSection" : "3001-B", "toSection" : "3001-B", "text" : " § 3001-b. First aid instruction mandatory for coaches of extra-class\\npublic school athletic activities. 1. On and after the effective date of\\nthis section, in addition to any provision of law or rule or regulation\\nof the department related to the requirements necessary for teachers\\nwithin the public school systems, whether certified in physical\\neducation or not, to coach any extra-class athletic activity, it shall\\nbe required of such teachers, except as provided in subdivision two of\\nthis section, to hold a valid certificate of completion of a course of\\nstudy in first aid knowledge and skills offered by the American National\\nRed Cross and approved by the commissioner, or to meet equivalent\\nrequirements as certified by the commissioner. Any such course of study\\nor equivalent requirements must include instruction in the\\nadministration of adult cardiopulmonary resuscitation. Prior to the\\nstart of each sports season, coaches must provide valid evidence to\\ntheir chief school officer that their first aid and adult\\ncardiopulmonary resuscitation knowledge and skills are current pursuant\\nto the requirements established by the American National Red Cross or\\nthat they meet equivalent requirements as certified by the commissioner.\\n 2. Persons who have been employed as coaches of extra-class athletic\\nactivities in a public school system on the effective date of this\\nsection who do not hold a valid certificate of completion of a course of\\nstudy in first aid knowledge and skills pursuant to subdivision one of\\nthis section may continue to coach such sports, provided, however, that\\nsuch coaches do receive such certification required in subdivision one\\nof this section as soon as practicable after the effective date of this\\nsection but not later than twelve months thereafter, provided, however,\\nthat the commissioner shall have the authority to establish by rule or\\nregulation an additional time schedule for compliance with this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3001-C", "title" : "First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-29", "2022-07-08", "2022-08-19" ], "docLevelId" : "3001-C", "activeDate" : "2014-09-22", "sequenceNo" : 1032, "repealedDate" : null, "fromSection" : "3001-C", "toSection" : "3001-C", "text" : " § 3001-c. First aid instruction mandatory for coaches of high school\\nextra-class nonpublic school athletic activities. 1. On and after the\\neffective date of this section, it shall be required of coaches of high\\nschool extra-class athletic activities in a nonpublic school system,\\nexcept as provided in subdivision two of this section, to hold a valid\\ncertificate of completion of a course of study in first aid knowledge\\nand skills offered by the American National Red Cross and approved by\\nthe commissioner, or to meet equivalent requirements as certified by the\\ncommissioner. Any such course of study or equivalent requirements must\\ninclude instruction in the administration of adult cardiopulmonary\\nresuscitation. Prior to the start of each sports season, coaches must\\nprovide valid evidence to their chief school officer that their first\\naid and adult cardiopulmonary resuscitation knowledge and skills are\\ncurrent pursuant to the requirements established by the American\\nNational Red Cross or that they meet equivalent requirements as\\ncertified by the commissioner.\\n 2. Persons who have been employed as coaches of high school\\nextra-class athletic activities in a nonpublic school system on the\\neffective date of this section who do not hold a valid certificate of\\ncompletion of a course of study in first aid knowledge and skills\\npursuant to subdivision one of this section may continue to coach such\\nsports, provided, however, that such coaches do receive such\\ncertification required in subdivision one of this section as soon as\\npracticable after the effective date of this section but not later than\\ntwelve months thereafter, provided, however, that the commissioner shall\\nhave the authority to establish by rule or regulation an additional time\\nschedule for compliance with this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3001-D", "title" : "Criminal history record checks and conditional appointments; nonpublic and private schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3001-D", "activeDate" : "2014-09-22", "sequenceNo" : 1033, "repealedDate" : null, "fromSection" : "3001-D", "toSection" : "3001-D", "text" : " § 3001-d. Criminal history record checks and conditional appointments;\\nnonpublic and private schools. 1. a. \"Employee\" shall mean any\\nprospective employee of a nonpublic or private elementary or secondary\\nschool which requires the fingerprinting of prospective employees\\npursuant to this section, or employee of a contracted service provider\\nor worker placed within such school under a public assistance employment\\nprogram, pursuant to title nine-B of article five of the social services\\nlaw, and consistent with the provisions of such title for the provision\\nof services to such school, its students or employees, directly or\\nthrough contract, whereby such services performed by such person involve\\ndirect student contact. Any nonpublic or private elementary or secondary\\nschool which elects to submit for review criminal history information\\nconcerning prospective employees must do so with respect to each such\\nprospective employee, as defined in this paragraph, in accordance with\\nthis section.\\n b. \"Volunteer\" shall mean any person, other than an employee, who\\nprovides services to a nonpublic or private elementary or secondary\\nschool which elects to require the fingerprinting of prospective\\nemployees pursuant to this section, which involve direct student\\ncontact.\\n 2. Any nonpublic or private elementary or secondary school may\\nrequire, for the purposes of a criminal history record check, the\\nfingerprinting of all prospective employees pursuant to section three\\nthousand thirty-five of this article, who do not hold valid clearance\\npursuant to such section or pursuant to section three thousand four-b of\\nthis article or section five hundred nine-cc or twelve hundred\\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\\nfingerprinting process, the prospective employer shall furnish the\\napplicant with the form described in paragraph (c) of subdivision thirty\\nof section three hundred five of this chapter and shall obtain the\\napplicant's consent to the criminal history record search. Every set of\\nfingerprints taken pursuant to this section shall be promptly submitted\\nto the commissioner for the purposes of clearance for employment.\\n 3. (a) Any nonpublic or private elementary or secondary school may\\nconditionally appoint a prospective employee. A request for conditional\\nclearance may be forwarded to the commissioner along with the\\nprospective employee's fingerprints. Such appointment may be delayed\\nuntil notification by the commissioner that the prospective employee has\\nbeen conditionally cleared for employment and shall terminate when the\\nprospective employer is notified of a determination by the commissioner\\nto grant or deny clearance, provided that if clearance is granted, the\\nappointment shall continue and the conditional status shall be removed.\\nPrior to commencement of such conditional appointment, the prospective\\nemployer shall obtain a signed statement for conditional appointment\\nfrom the prospective employee, indicating whether, to the best of his or\\nher knowledge, he or she has a pending criminal charge or criminal\\nconviction in any jurisdiction outside the state.\\n (b) Any nonpublic or private elementary or secondary school may make\\nan emergency conditional appointment when an unforeseen emergency\\nvacancy has occurred. When such appointment is made, the process for\\nconditional appointment pursuant to paragraph (a) of this subdivision\\nmay also be initiated. Emergency conditional appointment may commence\\nprior to notification from the commissioner on conditional clearance and\\nshall terminate when the prospective employer is notified by the\\ncommissioner regarding conditional clearance, provided that if\\nconditional clearance is granted, the appointment may continue as a\\nconditional appointment. Prior to the commencement of such appointment,\\nthe prospective employer must obtain a signed statement for emergency\\nconditional appointment from the prospective employee, indicating\\nwhether, to the best of his or her knowledge, he or she has a pending\\ncriminal charge or criminal conviction in any jurisdiction. An\\n\"unforeseen emergency vacancy\" shall be defined as: (i) a vacancy that\\noccurred less than ten business days before the start of any school\\nsession, including summer school, or during any school session,\\nincluding summer school, without sufficient notice to allow for\\nclearance or conditional clearance; (ii) when no other qualified person\\nis available to fill the vacancy temporarily; and (iii) when emergency\\nconditional appointment is necessary to maintain services which the\\nschool is legally required to provide or services necessary to protect\\nthe health, education or safety of students or staff.\\n (c) Each nonpublic or private elementary or secondary school, which\\nelects to fingerprint prospective employees pursuant to subdivision two\\nof this section, shall develop a policy for the safety of the children\\nwho have contact with an employee holding conditional appointment or\\nemergency conditional appointment.\\n 4. Fees. Notwithstanding any other provision of law to the contrary,\\nthe commissioner is authorized to charge additional fees to applicants\\nfor certificates pursuant to this section in an amount equal to the fees\\nestablished pursuant to law by the division of criminal justice services\\nand the federal bureau of investigation for the searches authorized by\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3002", "title" : "Oath to support federal and state constitutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3002", "activeDate" : "2014-09-22", "sequenceNo" : 1034, "repealedDate" : null, "fromSection" : "3002", "toSection" : "3002", "text" : " § 3002. Oath to support federal and state constitutions. It shall be\\nunlawful for any citizen of the United States to serve as teacher,\\ninstructor or professor in any school or institution in the public\\nschool system of the state or in any school, college, university or\\nother educational institution in this state, whose real property, in\\nwhole or in part, is exempt from taxation under section four of the tax\\nlaw unless and until he or she shall have taken and subscribed the\\nfollowing oath or affirmation: \"I do solemnly swear (or affirm) that I\\nwill support the constitution of the United States of America and the\\nconstitution of the State of New York, and that I will faithfully\\ndischarge, according to the best of my ability, the duties of the\\nposition of ........................(title of position and name or\\ndesignation of school, college, university or institution to be here\\ninserted), to which I am now assigned.\"\\n The oath required by this section shall be administered by the\\npresident or other head of such school, college, university or\\ninstitution, or by the officer or person, or in the case of a board or\\nbody by a member of the board or body, having authority to employ such\\nperson as a teacher, instructor or professor in such school, college,\\nuniversity or institution, and each is hereby authorized to administer\\nit. The officer, person or member administering such oath shall cause a\\nrecord or notation of the fact to be made in the books or records of the\\nschool, college, university or institution. In lieu of the oath\\nadministered by an officer, person or member, an employee may comply\\nwith the requirements of this section by subscribing and filing the\\nfollowing statement: \"I do hereby pledge and declare that I will support\\nthe constitution of the United States and the constitution of the State\\nof New York, and that I will faithfully discharge the duties of the\\nposition of ..........................according to the best of my\\nability.\" Such oath or statement shall be filed with the clerk of a\\nschool district or with such officer or employee of any such college,\\nuniversity or other educational institution that shall be designated for\\nsuch purpose. Such oaths or statements shall be available for public\\ninspection and for transmittal to the commissioner of education upon his\\nrequest. It shall be unlawful for an officer, person or board having\\ncontrol of the employment, dismissal or suspension of teachers,\\ninstructors or professors in such a school, college, university or\\ninstitution, to permit a person to serve in any such capacity therein in\\nviolation of the provisions of this section. This section shall not be\\nconstrued to require a person to take such oath or to execute such\\nstatement more than once during the time he or she is employed in the\\nsame school, college, university or institution, though there be a\\nchange in the title or duties of the position.\\n The provisions of section sixty-two of the civil service law shall not\\napply to a person who is required to take the oath or execute the\\nstatement prescribed by this section.\\n An enrolled member of an Indian nation or an Indian individual having\\nan affiliation with an Indian nation recognized by the United States or\\nthe state of New York may elect to comply with the requirements of this\\nsection by instead subscribing and filing the following statement:\\n \"I do solemnly affirm that I will faithfully discharge the duties of\\nthe position of according to the best of my\\nability, and perform my duties in a manner consistent with the\\nconstitution of the United States and the constitution of the state of\\nNew York.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3003", "title" : "Qualifications of superintendents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3003", "activeDate" : "2014-09-22", "sequenceNo" : 1035, "repealedDate" : null, "fromSection" : "3003", "toSection" : "3003", "text" : " § 3003. Qualifications of superintendents. 1. No person except one in\\npossession of a valid superintendent's certificate prior to July first,\\nnineteen hundred seventy-one shall hereafter be eligible to the position\\nof superintendent of schools, deputy superintendent of schools,\\nassociate superintendent of schools, assistant superintendent of schools\\nor other superintendent of schools or member of a board of examiners in\\na city school district or as a superintendent of schools in a union free\\nor central school district having a population of more than forty-five\\nhundred, or eligible to appointment to the office of district\\nsuperintendent of schools in this state, who is not eligible for a\\nsuperintendent's certificate issued by the commissioner in accordance\\nwith the following requirements:\\n a. He shall be a graduate of a college or university approved by the\\ncommissioner and in addition shall have completed sixty semester hours\\nin graduate courses approved by the commissioner; and\\n b. At the time of his appointment each shall have completed three\\nyears of teaching experience satisfactory to the commissioner in public\\nor non-public schools.\\n 2. The commissioner of education shall issue a superintendent's\\npermanent certificate to any person who on March twenty-fifth, nineteen\\nhundred thirty-seven, held or was appointed to, a position of\\nsuperintendent of schools, deputy superintendent of schools, associate\\nsuperintendent of schools, assistant superintendent of schools or other\\nsuperintendent of schools or member of a board of examiners in a city or\\nas a superintendent of schools in a village having a population of more\\nthan forty-five hundred, or district superintendent of schools.\\n 3. The commissioner, at the request of a board of education or board\\nof cooperative educational services, may provide for the issuance of a\\ncertificate as superintendent of schools to exceptionally qualified\\npersons who do not meet all of the graduate course or teaching\\nrequirements of subdivision one of this section, but whose exceptional\\ntraining and experience are the substantial equivalent of such\\nrequirements and qualify such persons for the duties of a superintendent\\nof schools.\\n 4. Notwithstanding any other provision of law, the commissioner shall\\nrequire that any person applying, on or after January first, nineteen\\nhundred ninety-one, for a superintendent's certificate shall, in\\naddition to all the other requirements, have completed two hours of\\ncoursework or training regarding the identification and reporting of\\nchild abuse and maltreatment. The coursework or training shall be\\nobtained from an institution or provider which has been approved by the\\ndepartment to provide such coursework or training. The coursework or\\ntraining shall include information regarding the physical and behavioral\\nindicators of child abuse and maltreatment and the statutory reporting\\nrequirements set out in sections four hundred thirteen through four\\nhundred twenty of the social services law, including but not limited to,\\nwhen and how a report must be made, what other actions the reporter is\\nmandated or authorized to take, the legal protections afforded\\nreporters, and the consequences for failing to report. Each applicant\\nshall provide the department with documentation showing that he or she\\nhas completed the required training.\\n 5. The commissioner may provide for the issuance of a certificate as\\ndeputy, associate or assistant superintendent for business to any\\nqualified person who meets all of the requirements of subdivision one of\\nthis section, except those contained in paragraph b of subdivision one\\nof this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3004", "title" : "Regulations governing certification of teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3004", "activeDate" : "2014-09-22", "sequenceNo" : 1036, "repealedDate" : null, "fromSection" : "3004", "toSection" : "3004", "text" : " § 3004. Regulations governing certification of teachers. 1. The\\ncommissioner shall prescribe, subject to approval by the regents,\\nregulations governing the examination and certification of teachers\\nemployed in all public schools of the state, except that no such\\nregulation affecting the examination, certification, license,\\nprobationary periods, appointment, and tenure of position of persons\\nemployed in the teaching, and supervising service in a city having a\\npopulation of four hundred thousand or more shall be prescribed which\\nmay cause the discontinuance of the service of such persons who have\\nsatisfactorily completed their probationary periods, or the removal of\\nsuch persons from their positions in a manner other than that provided\\nby section twenty-five hundred seventy-three of this chapter, but no\\nsuch regulations established by the commissioner or by any school\\ndistrict, or pursuant to the provisions of section twenty-five hundred\\nfifty-four, twenty-five hundred sixty-six, twenty-five hundred\\nsixty-nine, twenty-five hundred seventy-three or three thousand eight of\\nthis chapter or otherwise, shall hereafter prohibit, prevent or\\ndisqualify any person, who is otherwise qualified, from competing,\\nparticipating and registering for such examination or from obtaining a\\nteacher's certificate or from qualifying for a position as a teacher\\nsolely by reason of a disability provided such disability does not\\ninterfere with such person's ability to perform teaching duties, nor\\nshall any person who is otherwise qualified be denied enrollment in any\\nteacher training, which provides for certification as a teacher in a\\nschool or facility which conducts classes for children with disabilities\\nsolely by reason of a disability.\\n 1-a. The commissioner shall waive fees paid by applicants for the\\nrenewal of a temporary teaching certificate or license, as defined by\\nthe commissioner, if such certificate or license lapsed while such\\napplicant was deployed by the United States armed forces and any of its\\nreserve components in a combat theater or combat zone of operations at\\nany time on or after the second day of August, nineteen hundred ninety.\\n 2. Notwithstanding any other provision of law, the commissioner shall\\nprescribe regulations requiring that all persons applying, on or after\\nJanuary first, nineteen hundred ninety-one, for a certificate or license\\nto be a teacher shall, in addition to all the other certification or\\nlicensure requirements, have completed two hours of coursework or\\ntraining regarding the identification and reporting of child abuse and\\nmaltreatment. The coursework or training shall be obtained from an\\ninstitution or provider which has been approved by the department to\\nprovide such coursework or training. The coursework or training shall\\ninclude information regarding the physical and behavioral indicators of\\nchild abuse and maltreatment and the statutory reporting requirements\\nset out in sections four hundred thirteen through four hundred twenty of\\nthe social services law, including but not limited to, when and how a\\nreport must be made, what other actions the reporter is mandated or\\nauthorized to take, the legal protections afforded reporters, and the\\nconsequences for failing to report. Each applicant shall provide the\\ndepartment with documentation showing that he or she has completed the\\nrequired training.\\n 3. The commissioner shall prescribe regulations requiring that all\\npersons applying on or after February second, two thousand one for a\\nteaching certificate or license, including but not limited to a\\ncertificate or license valid for service as a classroom teacher,\\nteaching assistant, pupil personnel service professional, school\\nadministrator or supervisor or superintendent of schools, shall, in\\naddition to all the other certification or licensing requirements, have\\ncompleted two hours of course work or training in school violence\\nprevention and intervention. The course work or training shall be\\nobtained from an institution or provider which has been approved by the\\ndepartment to provide such course work or training. Such regulations\\nshall also require that school districts and boards of cooperative\\neducational services include training for teachers and other certified\\nor licensed employees in school violence prevention and intervention in\\ntheir required professional development plans.\\n 4. a. The commissioner shall prescribe regulations requiring that all\\npersons applying on or after September second, two thousand nine for a\\nteaching certificate or license as a special education teacher for the\\npurposes pursuant to article eighty-nine of this chapter shall, in\\naddition to all the other certification or licensing requirements, have\\ncompleted enhanced course work or training in area of children with\\nautism. In addition, such regulations shall require that enhanced\\ntraining in the needs of autistic children be provided to each certified\\nschool administrator or supervisor assigned on or after September\\nsecond, two thousand nine to serve as a special education administrator.\\nSuch training shall be provided prior to, or as soon as practicable\\nfollowing, assignment as a special education administrator. Individuals\\nserving as special education administrators as of September second, two\\nthousand nine shall complete such training by such date. The enhanced\\ncourse work or training shall be obtained from an institution or\\nprovider which has been approved by the department to provide such\\ncourse work or training in the needs of autistic children, provided that\\nenhanced training for certified school administrators or supervisors\\nthat meets standards prescribed by the commissioner may be included in\\nthe professional development provided by the school district or board of\\ncooperative educational services to such administrators or supervisors.\\n b. The commissioner shall assure that teacher preparation\\ninstitutions, in the two thousand eight--two thousand nine academic\\nyear, include instruction in the needs of autistic children in all\\nprograms leading to certification as a special education teacher.\\n 5. Notwithstanding any other provision of law, the commissioner is\\nauthorized and empowered to certify or require training of teachers,\\nadministrators and instructors in the area of autistic needs. The\\ncommissioner shall have the power to prescribe the necessary regulations\\nand establish such programs and training related to the needs of\\nautistic children. Such programs and training shall be obtained from an\\ninstitution or provider which has been approved by the department to\\nprovide such programs and training, except that a school district or\\nboard of cooperative educational services may provide such training as\\npart of its professional development program.\\n 6. The regents and the commissioner shall review the alternative\\nteacher preparation programs available to candidates for teaching\\ncertificates under the regulations of the commissioner in the two\\nthousand seven--two thousand eight school year and shall consider means\\nof expanding the availability of such preparation in the future, while\\nmaintaining teacher quality. The regents and the commissioner shall\\ndevelop programs to assist in the expansion of alternative teacher\\npreparation programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3004-A", "title" : "National board for professional teaching standards certification grant program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3004-A", "activeDate" : "2014-09-22", "sequenceNo" : 1037, "repealedDate" : null, "fromSection" : "3004-A", "toSection" : "3004-A", "text" : " § 3004-a. National board for professional teaching standards\\ncertification grant program. 1. Notwithstanding any inconsistent\\nprovision of law, the commissioner shall establish the Albert Shanker\\nnational board for professional teaching standards certification grant\\nprogram, to be used by the department to defray any costs incurred by an\\neligible teacher, as that term is described in subdivision two of this\\nsection and his or her sponsoring school district, where such eligible\\nteacher seeks national board certification from the national board for\\nprofessional teacher standards.\\n 2. As used in this section, \"eligible teacher\" shall mean a New York\\nstate tenured public school teacher who:\\n (a) is currently teaching in New York state;\\n (b) has graduated from an accredited college or university; and\\n (c) holds a valid New York state teaching certificate.\\n 3. Under the provisions of this section and subject to the filing\\nrequirement described in subdivision four of this section, a grant in an\\namount of up to two thousand five hundred dollars ($2,500) shall be made\\navailable from the Albert Shanker national board for professional\\nteaching standards certification grant program to each eligible teacher\\nto defray the expenses of certification by the national board for\\nprofessional teaching standards. Such sum may include the direct\\nreimbursement by the department to the eligible teacher's sponsoring\\nschool district from the total grant award to cover the cost of hiring a\\nsubstitute teacher for up to three days or the duration of such eligible\\nteacher's approved leave, whichever is less.\\n 4. The commissioner shall be responsible for promulgating any\\nregulations necessary to effectuate the provisions of this section,\\nincluding:\\n (a) establishing within the department an application form and filing\\ndeadline requirements to be utilized by eligible teachers applying for\\nthe Albert Shanker national board for professional teaching standards\\ngrant program;\\n (b) establishing a mechanism for processing and approving applications\\nwithin the department;\\n (c) establishing a mechanism to allocate grant awards to approved\\neligible teachers; and\\n (d) establishing a mechanism to reimburse sponsoring school districts\\nfor up to three days of approved leave as described in subdivision three\\nof this section.\\n 5. An eligible teacher for whom the state pays a participation fee\\nshall be liable for repayment of the grant to the department if such\\neligible teacher:\\n (a) does not complete the process; or\\n (b) completes the process, but does not teach in a New York state\\npublic school for at least one full year after achieving national board\\nfor professional teaching standards certification.\\n 6. Repayment of the grant is not required:\\n (a) if the certification process is not completed or if the eligible\\nteacher fails to teach for one full year after completion due to his or\\nher death or disability or some other extenuating circumstances as may\\nbe recognized by the board of regents; or\\n (b) if the eligible teacher completes the process but does not achieve\\ncertification.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3004-B", "title" : "Special procedures for certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12" ], "docLevelId" : "3004-B", "activeDate" : "2014-09-22", "sequenceNo" : 1038, "repealedDate" : null, "fromSection" : "3004-B", "toSection" : "3004-B", "text" : " § 3004-b. Special procedures for certification. * 1. Criminal history\\nrecords search. Upon receipt of an application for certification as a\\nsuperintendent of schools, teacher, administrator or supervisor,\\nteaching assistant or school personnel required to hold a teaching or\\nadministrative license or certificate, the commissioner shall, subject\\nto the rules and regulations of the division of criminal justice\\nservices, initiate a criminal history records search of the person\\nmaking application, except that nothing in this section shall be\\nconstrued to require a criminal history record check of an individual\\nwho holds a valid provisional certificate on the effective date of this\\nsection and applies for permanent certification in the same certificate\\ntitle, or of an individual who applies for a temporary license to serve\\nin the city school district of the city of New York and has been cleared\\nfor licensure and/or employment by such city school district pursuant to\\nsubdivision twenty of section twenty-five hundred ninety-h of this\\nchapter. Prior to initiating the fingerprinting process, the\\ncommissioner shall furnish the applicant with the form described in\\nparagraph (c) of subdivision thirty of section three hundred five of\\nthis chapter and shall obtain the applicant's consent to the criminal\\nhistory records search. The commissioner shall obtain from each\\napplicant two sets of fingerprints and the division of criminal justice\\nservices processing fee imposed pursuant to subdivision eight-a of\\nsection eight hundred thirty-seven of the executive law and any fee\\nimposed by the federal bureau of investigation. The commissioner shall\\npromptly transmit such fingerprints and fees to the division of criminal\\njustice services for its full search and retain processing. The division\\nof criminal justice services is authorized to submit the fingerprints\\nand the appropriate fee to the federal bureau of investigation for a\\nnational criminal history record check. The division of criminal justice\\nservices and the federal bureau of investigation shall forward such\\ncriminal history record to the commissioner in a timely manner. For the\\npurposes of this section the term \"criminal history record\" shall mean a\\nrecord of all convictions of crimes and any pending criminal charges\\nmaintained on an individual by the division of criminal justice services\\nand the federal bureau of investigation. In addition, upon request from\\nan applicant who has applied for employment with the city school\\ndistrict of the city of New York, the commissioner shall have the\\nauthority to forward a copy of such criminal history record to the city\\nschool district of the city of New York by the most expeditious means\\navailable. Furthermore, upon notification that such applicant is\\nemployed by the city school district of the city of New York, the\\ndivision of criminal justice services shall have the authority to\\nprovide subsequent criminal history notifications directly to the city\\nschool district of the city of New York. Upon request from an applicant\\nwho has already been cleared for licensure and/or employment by the city\\nschool district of the city of New York, such school district shall have\\nthe authority to forward a copy of the applicant's criminal history\\nrecord to the commissioner, by the most expeditious means available, for\\nthe purposes of this section. Furthermore, upon notification that such\\napplicant has been certified, the division of criminal justice services\\nshall have the authority to provide subsequent criminal history\\nnotifications directly to the commissioner. All such criminal history\\nrecords processed and sent pursuant to this subdivision shall be\\nconfidential pursuant to the applicable federal and state laws, rules\\nand regulations, and shall not be published or in any way disclosed to\\npersons other than the commissioner, unless otherwise authorized by law.\\nNo cause of action against the department or the division of criminal\\njustice services for damages related to the dissemination of criminal\\nhistory records pursuant to this subdivision shall exist when the\\ndepartment or division of criminal justice services has reasonably and\\nin good faith relied upon the accuracy and completeness of criminal\\nhistory information furnished to it by qualified agencies. The provision\\nof such criminal history record by the division of criminal justice\\nservices shall be subject to the provisions of subdivision sixteen of\\nsection two hundred ninety-six of the executive law. The commissioner\\nshall consider such criminal history record pursuant to article\\ntwenty-three-A of the correction law.\\n * NB Effective until July 1, 2015\\n * 1. Criminal history records search. Upon receipt of an application\\nfor certification as a superintendent of schools, teacher, administrator\\nor supervisor, teaching assistant or school personnel required to hold a\\nteaching or administrative license or certificate, the commissioner\\nshall, subject to the rules and regulations of the division of criminal\\njustice services, initiate a criminal history records search of the\\nperson making application. Prior to initiating the fingerprinting\\nprocess, the commissioner shall furnish the applicant with the form\\ndescribed in paragraph (c) of subdivision thirty of section three\\nhundred five of this chapter and shall obtain the applicant's consent to\\nthe criminal history records search. The commissioner shall obtain from\\neach applicant two sets of fingerprints and the division of criminal\\njustice services processing fee imposed pursuant to subdivision eight-a\\nof section eight hundred thirty-seven of the executive law and any fee\\nimposed by the federal bureau of investigation. The commissioner shall\\npromptly transmit such fingerprints and fees to the division of criminal\\njustice services for its full search and retain processing. The division\\nof criminal justice services is authorized to submit the fingerprints\\nand the appropriate fee to the federal bureau of investigation for a\\nnational criminal history record check. The division of criminal justice\\nservices and the federal bureau of investigation shall forward such\\ncriminal history record to the commissioner in a timely manner. For the\\npurposes of this section the term \"criminal history record\" shall mean a\\nrecord of all convictions of crimes and any pending criminal charges\\nmaintained on an individual by the division of criminal justice services\\nand the federal bureau of investigation. In addition, upon request from\\nan applicant who has applied for employment with the city school\\ndistrict of the city of New York, the commissioner shall have the\\nauthority to forward a copy of such criminal history record to the city\\nschool district of the city of New York by the most expeditious means\\navailable. Furthermore, upon notification that such applicant is\\nemployed by the city school district of the city of New York, the\\ndivision of criminal justice services shall have the authority to\\nprovide subsequent criminal history notifications directly to the city\\nschool district of the city of New York. Upon request from an applicant\\nwho has already been cleared for licensure and/or employment by the city\\nschool district of the city of New York, such school district shall have\\nthe authority to forward a copy of the applicant's criminal history\\nrecord to the commissioner, by the most expeditious means available, for\\nthe purposes of this section. Furthermore, upon notification that such\\napplicant has been certified, the division of criminal justice services\\nshall have the authority to provide subsequent criminal history\\nnotifications directly to the commissioner. All such criminal history\\nrecords processed and sent pursuant to this subdivision shall be\\nconfidential pursuant to the applicable federal and state laws, rules\\nand regulations, and shall not be published or in any way disclosed to\\npersons other than the commissioner, unless otherwise authorized by law.\\nNo cause of action against the department or the division of criminal\\njustice services for damages related to the dissemination of criminal\\nhistory records pursuant to this subdivision shall exist when the\\ndepartment or division of criminal justice services has reasonably and\\nin good faith relied upon the accuracy and completeness of criminal\\nhistory information furnished to it by qualified agencies. The provision\\nof such criminal history record by the division of criminal justice\\nservices shall be subject to the provisions of subdivision sixteen of\\nsection two hundred ninety-six of the executive law. The commissioner\\nshall consider such criminal history record pursuant to article\\ntwenty-three-A of the correction law.\\n * NB Effective July 1, 2015\\n 2. Fees. Notwithstanding any other provision of law to the contrary,\\nthe commissioner is authorized to charge additional fees to applicants\\nfor teaching or administrative licenses or certificates in an amount\\nequal to the fees established pursuant to law by the division of\\ncriminal justice services and the federal bureau of investigation for\\nthe searches mandated by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3004-C", "title" : "Denial of application for certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3004-C", "activeDate" : "2014-09-22", "sequenceNo" : 1039, "repealedDate" : null, "fromSection" : "3004-C", "toSection" : "3004-C", "text" : " § 3004-c. Denial of application for certification. When the\\ncommissioner determines that a certification should be denied, the\\napplicant shall be afforded notice and the right to be heard and offer\\nproof in opposition to such determination in accordance with the\\nregulations of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3005", "title" : "Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3005", "activeDate" : "2014-09-22", "sequenceNo" : 1040, "repealedDate" : null, "fromSection" : "3005", "toSection" : "3005", "text" : " § 3005. Leave of absence to teachers for teaching in foreign\\ncountries, other states and territories and other school districts. The\\ntrustee, trustees or board of education of any school district may\\npermit any teacher having had at least five years service in the school\\nor schools of said district to apply for and receive a leave of absence\\nfor a period not to exceed two years for teaching in the schools of a\\nforeign country, other states of the United States or any of its\\nterritories or in any other school district within this state provided\\nsuch foreign country, other state or territory or other school district\\nshall have agreed to furnish a teacher of corresponding rank or school\\nlevel to fulfill the duties of the said teacher on leave of absence.\\nDuring the period of said leave of absence the said teacher shall\\nreceive from the school district the same compensation that he would\\nhave received had he been present and teaching in a school of the\\ndistrict. Such leave of absence shall not in any way affect the\\nretirement rights of said teacher as a member of a retirement system and\\nthe period of the aforesaid leave of absence shall be credited to the\\ntotal years of service of said member in the same manner and for all\\npurposes as if he had not been granted said leave of absence and had\\nbeen present within the district engaged in actual teaching service.\\nNotwithstanding any of the provisions of this chapter, when the\\nqualifications of the teacher from the foreign country, other state or\\nterritory or other school district have been approved by the\\ncommissioner of education, he shall be legally entitled to render\\ninstructional service in any public school in this state and a permit\\nfor a period not to exceed two years for such service shall be issued by\\nthe commissioner of education without the payment of fee. Any school\\ndistrict employing a teacher under this section may supplement the\\nsalary received from the foreign country, other state or territory or\\nother school district by said teacher.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3005-A", "title" : "Leave of absence for teaching purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3005-A", "activeDate" : "2014-09-22", "sequenceNo" : 1041, "repealedDate" : null, "fromSection" : "3005-A", "toSection" : "3005-A", "text" : " § 3005-a. Leave of absence for teaching purposes. In a city of one\\nmillion or more, a board of education may permit any teacher to apply\\nfor and receive a leave of absence for a period not to exceed two years\\nfor teaching in a college or university, certificated and accredited by\\nthe commissioner of education, provided such college or university shall\\nhave agreed to furnish an educator of professorial rank to fulfill the\\nduties of the said teacher on leave of absence or any other duties\\nassigned by the superintendent of schools. During the period of said\\nleave of absence for teaching in a college or university, the said\\nteacher shall receive from the school district in said city the same\\ncompensation that he would have received had he been present and\\nteaching in a school of the district and the college educator if he is a\\nmember of a publicly operated college or system shall likewise receive\\nthe same compensation as he would have received had he remained in the\\ncollege or university. Such leave of absence shall not in any way affect\\nthe retirement rights of the said teacher or college educator as a\\nmember of a retirement system and the period of the aforesaid leave of\\nabsence shall be credited to the total years of service of the said\\nmember in the same manner and for all purposes as if he had continued in\\nhis position. Notwithstanding any of the provisions of this chapter, nor\\nany other local law or provision, the chancellor of the city board shall\\nhave authority to issue to such college or university educator a special\\ncertificate of competency which shall be valid for a period not to\\nexceed two years and not renewable and under which such college or\\nuniversity educator shall be permitted to fulfill the duties and\\nassignments as herein provided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3005-B", "title" : "Leave of absence for personal illness", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3005-B", "activeDate" : "2014-09-22", "sequenceNo" : 1042, "repealedDate" : null, "fromSection" : "3005-B", "toSection" : "3005-B", "text" : " § 3005-b. Leave of absence for personal illness. The school\\nauthorities of each school district outside of a city having a\\npopulation in excess of one million shall allow each teacher employed by\\nthe district sick leave without loss of salary for at least ten working\\ndays in any year on account of personal sickness or physical disability;\\nand provided, further, that if any employee does not use the full amount\\nof sick leave allowed in any school year, the amount not used shall be\\naccumulated from year to year and used, if needed, up to a total of not\\nless than one hundred fifty working days. Any accumulation of unused\\nsick leave heretofore granted by such school authorities shall be\\ncounted toward the accumulated leave herein provided. Nothing contained\\nin this section shall be construed to authorize a reduction in the\\namount of accumulated leave granted to a teacher prior to July first,\\nnineteen hundred sixty-five.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3006", "title" : "Commissioner of education to issue certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03" ], "docLevelId" : "3006", "activeDate" : "2014-09-22", "sequenceNo" : 1043, "repealedDate" : null, "fromSection" : "3006", "toSection" : "3006", "text" : " § 3006. Commissioner of education to issue certificates. Types of\\ncertificates. The commissioner of education may issue:\\n 1. a. A life state certificate upon examinations only which shall\\nentitle its holder to teach for life in the public schools of the state\\nwithout further examination.\\n b. Such other certificates as regents general rules shall prescribe.\\n c. A temporary license limited to a school district, supervisory\\ndistrict or city for a period not to exceed one year.\\n d. A temporary certificate to a school district upon the request of\\nthe school authorities of the school district, and under such rules as\\nthe regents shall establish, which shall authorize such school\\nauthorities temporarily to employ persons having unusual qualifications\\nin specific subjects, as visiting lecturers, provided they have been\\nlicensed pursuant to paragraph e of this subdivision, so as to\\nsupplement the regular programs of teaching of such specific subjects.\\n e. A temporary license to a person having unusual qualifications in\\nspecific subjects, authorizing him to teach as a visiting lecturer in\\naccordance with the provisions of paragraph d of this subdivision.\\n 2. Fees. The commissioner shall charge the following fees for\\ncertificates issued pursuant to this section.\\n a. Effective September first, nineteen hundred ninety-two and\\nthereafter, the fees charged for each application for the following\\ntypes of certificates shall be:\\n (i) For a certificate issued under this section based upon completion\\nof a teacher education program registered by the department, fifty\\ndollars;\\n (ii) For a certificate issued under this section based upon education\\nor experience completed in other than a teacher education program\\nregistered by the department, one hundred dollars;\\n (iii) For a temporary license or a temporary coaching license, fifty\\ndollars;\\n (iv) For a continuing certificate for a teaching assistant,\\nthirty-five dollars;\\n (v) For a duplicate certificate, twenty-five dollars.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\nin a case where an individual applies for a certificate of\\nqualification, provisional and/or permanent certificate within twelve\\nmonths of having been issued a temporary license in the same\\ncertification area, the fee for such additional certificate or\\ncertificates shall be fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3007", "title" : "Endorsement of foreign certificates and diplomas", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3007", "activeDate" : "2014-09-22", "sequenceNo" : 1044, "repealedDate" : null, "fromSection" : "3007", "toSection" : "3007", "text" : " § 3007. Endorsement of foreign certificates and diplomas. The\\ncommissioner of education may in his discretion endorse:\\n 1. A diploma issued by a normal school or teachers college of another\\nstate.\\n 2. A certificate issued by the chief educational officer or state\\nboard of another state.\\n Such endorsement confers on the holder of such diploma or certificate\\nthe privileges conferred by law on the holder of the diploma of a state\\nteachers college or state college for teachers or state certificate\\nissued in this state. Notwithstanding any other provision of law, the\\ncommissioner shall require that any person seeking endorsement of a\\nforeign certificate or diploma, on or after January first, nineteen\\nhundred ninety-one, shall have completed two hours of coursework or\\ntraining regarding the identification and reporting of child abuse and\\nmaltreatment. The coursework or training shall be obtained from an\\ninstitution or provider which has been approved by the department to\\nprovide such course work or training. The coursework or training shall\\ninclude information regarding the physical and behavioral indicators of\\nchild abuse and maltreatment and the statutory reporting requirements\\nset out in sections four hundred thirteen through four hundred twenty of\\nthe social services law, including but not limited to, when and how a\\nreport must be made, what other actions the reporter is mandated or\\nauthorized to take, the legal protections afforded reporters, and the\\nconsequences for failing to report. Each applicant shall provide the\\ndepartment with documentation showing that he or she has completed the\\nrequired training.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3008", "title" : "Certification of teachers by local authorities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3008", "activeDate" : "2014-09-22", "sequenceNo" : 1045, "repealedDate" : null, "fromSection" : "3008", "toSection" : "3008", "text" : " § 3008. Certification of teachers by local authorities. A district\\nsuperintendent, a city superintendent of schools or such other authority\\nof a city school district as may be designated by law may issue such\\ncertificate as may be authorized by law or by the regents general rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3009", "title" : "Unqualified teachers shall not be paid from school moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3009", "activeDate" : "2014-09-22", "sequenceNo" : 1046, "repealedDate" : null, "fromSection" : "3009", "toSection" : "3009", "text" : " § 3009. Unqualified teachers shall not be paid from school moneys.\\n1. No part of the school moneys apportioned to a district shall be\\napplied to the payment of the salary of an unqualified teacher, nor\\nshall his salary, or any part thereof, be collected by a district tax\\nexcept as provided in this chapter.\\n 2. a. Notwithstanding any other provision of law to the contrary, the\\nschool authorities of any school district shall have the power, in their\\ndiscretion, to employ persons as teacher aides who shall assist the\\nregular teacher or teachers of the district in the performance of their\\nteaching functions by performing those nonteaching duties otherwise\\nperformed by such regular teacher or teachers.\\n b. Notwithstanding any other provision of law to the contrary, the\\nschool authorities of any school district shall have the power, in their\\ndiscretion, to employ persons as teaching assistants. Such persons, if\\nso employed, shall be authorized to act only under the general\\nsupervision of a licensed or certified teacher.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3010", "title" : "Penalty for payment of unqualified teacher", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3010", "activeDate" : "2014-09-22", "sequenceNo" : 1047, "repealedDate" : null, "fromSection" : "3010", "toSection" : "3010", "text" : " § 3010. Penalty for payment of unqualified teacher. Any trustee or\\nmember of a board of education who applies, or directs, or consents to\\nthe application of, any district money to the payment of an unqualified\\nteacher's salary, thereby commits a misdemeanor; and any fine imposed\\nupon him therefor shall be for the benefit of the common schools of the\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3011", "title" : "Contract with teacher", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3011", "activeDate" : "2014-09-22", "sequenceNo" : 1048, "repealedDate" : null, "fromSection" : "3011", "toSection" : "3011", "text" : " § 3011. Contract with teacher. 1. Except as otherwise provided in\\nsections twenty-five hundred twenty-three, three thousand twelve and\\nthree thousand thirteen, all trustees of school districts or boards of\\neducation who shall employ any teacher to teach shall, at the time of\\nsuch employment, make and deliver to such teacher, or cause to be made\\nand delivered, a contract in writing, signed by them, or by some person\\nduly authorized to represent them in the premises, in which the details\\nof the agreement between the parties, and particularly the length of the\\nterm of employment, the amount of compensation and the time when such\\ncompensation shall be due and payable shall be clearly and definitely\\nset forth.\\n 1-a. Notwithstanding any other provision of law, in a city with a\\npopulation of one million or more, all teachers, as that term is defined\\nin section 13-501 of the administrative code of the city of New York,\\nand all board of education employees serving as regular substitutes or\\nfull term per diem substitutes shall be paid the amount of compensation\\ndue them pursuant to collective bargaining agreements or to other\\ncontracts on the precise date such compensation is due. If such payments\\nare not made on the dates so required, interest shall be recovered\\nbeginning thirty days, following the later of the effective date of this\\nact or the required payment date through the day that payment is in fact\\ntendered. In the case of a salary differential, the date compensation is\\ndue shall be defined as thirty days following the date an employee's\\napplication is filed by the employee with the board of education of the\\ncity of New York. Interest shall be computed at the rate set forth in\\nparagraph one of subdivision (e) of section one thousand ninety-six of\\nthe tax law and shall be added to any compensation amounts referred to\\nabove that have not been paid when owed.\\n 2. No contract for the employment of a teacher in a district having\\nthree trustees or a board of education shall be made for more than one\\nyear in advance or for a shorter time than ten weeks unless for the\\npurpose of filling an unexpired term of school; except that a contract\\nmay be made in such a district for not more than five years with any\\nteacher who has been employed in such district for at least three\\nconsecutive years immediately prior to the execution of the contract.\\n 3. No contract for the employment of a teacher in a district having a\\nsole trustee shall be made to extend beyond the date of the expiration\\nof the term of office of such trustee. A sole trustee of a school\\ndistrict shall have full power and authority to contract with teachers\\nfor the term for which he has been elected any time after the date of\\nthe annual meeting at which such trustee was elected.\\n 4. No trustee shall contract with any teacher whose certificate of\\nqualifications shall not cover a period at least as long as that covered\\nby the contract of service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3012", "title" : "Tenure: certain school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2019-10-11", "2020-06-05", "2021-06-11", "2021-06-18", "2022-05-20", "2024-07-05" ], "docLevelId" : "3012", "activeDate" : "2014-09-22", "sequenceNo" : 1049, "repealedDate" : null, "fromSection" : "3012", "toSection" : "3012", "text" : " § 3012. Tenure: certain school districts. 1. (a) Teachers and all\\nother members of the teaching staff of school districts, including\\ncommon school districts and/or school districts employing fewer than\\neight teachers, other than city school districts, shall be appointed by\\nthe board of education, or the trustees of common school districts, upon\\nthe recommendation of the superintendent of schools, for a probationary\\nperiod of three years, except that in the case of a teacher who has\\nrendered satisfactory service as a regular substitute for a period of\\ntwo years or as a seasonally licensed per session teacher of swimming in\\nday schools who has served in that capacity for a period of two years\\nand has been appointed to teach the same subject in day schools, on an\\nannual salary, the probationary period shall be limited to one year;\\nprovided, however, that in the case of a teacher who has been appointed\\non tenure in another school district within the state, the school\\ndistrict where currently employed, or a board of cooperative educational\\nservices, and who was not dismissed from such district or board as a\\nresult of charges brought pursuant to subdivision one of section three\\nthousand twenty-a of this chapter, the probationary period shall not\\nexceed two years. The service of a person appointed to any of such\\npositions may be discontinued at any time during such probationary\\nperiod, on the recommendation of the superintendent of schools, by a\\nmajority vote of the board of education or the trustees of a common\\nschool district.\\n (b) Principals, administrators, supervisors and all other members of\\nthe supervising staff of school districts, including common school\\ndistricts and/or school districts employing fewer than eight teachers,\\nother than city school districts, shall be appointed by the board of\\neducation, or the trustees of a common school district, upon the\\nrecommendation of the superintendent of schools for a probationary\\nperiod of three years. The service of a person appointed to any of such\\npositions may be discontinued at any time during the probationary period\\non the recommendation of the superintendent of schools, by a majority\\nvote of the board of education or the trustees of a common school\\ndistrict.\\n (c) Any person previously appointed to tenure or a probationary period\\npursuant to the provisions of former section three thousand thirteen of\\nthis chapter shall continue to hold such position and be governed by the\\nprovisions of this section notwithstanding any contrary provision of\\nlaw.\\n 2. At the expiration of the probationary term of a person appointed\\nfor such term, subject to the conditions of this section, the\\nsuperintendent of schools shall make a written report to the board of\\neducation or the trustees of a common school district recommending for\\nappointment on tenure those persons who have been found competent,\\nefficient and satisfactory, consistent with any applicable rules of the\\nboard of regents adopted pursuant to section three thousand twelve-b of\\nthis article. Such persons, and all others employed in the teaching\\nservice of the schools of such union free school district, common school\\ndistrict and/or school district employing fewer than eight teachers, who\\nhave served the probationary period as provided in this section, shall\\nhold their respective positions during good behavior and efficient and\\ncompetent service, and shall not be removed except for any of the\\nfollowing causes, after a hearing, as provided by section three thousand\\ntwenty-a of such law: (a) insubordination, immoral character or conduct\\nunbecoming a teacher; (b) inefficiency, incompetency, physical or mental\\ndisability, or neglect of duty; (c) failure to maintain certification as\\nrequired by this chapter and by the regulations of the commissioner.\\nEach person who is not to be recommended for appointment on tenure,\\nshall be so notified by the superintendent of schools in writing not\\nlater than sixty days immediately preceding the expiration of his\\nprobationary period.\\n 3. Notwithstanding any other provision of this section no period in\\nany school year for which there is no required service and/or for which\\nno compensation is provided shall in any event constitute a break or\\nsuspension of probationary period or continuity of tenure rights of any\\nof the persons hereinabove described.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3012-A", "title" : "Elementary tenure area", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3012-A", "activeDate" : "2014-09-22", "sequenceNo" : 1050, "repealedDate" : null, "fromSection" : "3012-A", "toSection" : "3012-A", "text" : " § 3012-a. Elementary tenure area. Notwithstanding any other provision\\nof law to the contrary, and except in cities having a population of one\\nmillion or more, elementary tenure area shall mean kindergarten through\\ngrade six for teachers employed in such grade levels after the effective\\ndate of this section. All teachers holding tenure as of the effective\\ndate of this section in the kindergarten tenure area or grades one\\nthrough six tenure area shall be deemed to hold tenure in the elementary\\ntenure area as defined by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3012-C", "title" : "Annual professional performance review of classroom teachers and building principals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24" ], "docLevelId" : "3012-C", "activeDate" : "2014-09-22", "sequenceNo" : 1051, "repealedDate" : null, "fromSection" : "3012-C", "toSection" : "3012-C", "text" : " § 3012-c. Annual professional performance review of classroom teachers\\nand building principals. 1. Notwithstanding any other provision of law,\\nrule or regulation to the contrary, the annual professional performance\\nreviews of all classroom teachers and building principals employed by\\nschool districts or boards of cooperative educational services shall be\\nconducted in accordance with the provisions of this section. Such\\nperformance reviews which are conducted on or after July first, two\\nthousand eleven, or on or after the date specified in paragraph c of\\nsubdivision two of this section where applicable, shall include measures\\nof student achievement and be conducted in accordance with this section.\\nSuch annual professional performance reviews shall be a significant\\nfactor for employment decisions including but not limited to, promotion,\\nretention, tenure determination, termination, and supplemental\\ncompensation, which decisions are to be made in accordance with locally\\ndeveloped procedures negotiated pursuant to the requirements of article\\nfourteen of the civil service law where applicable. Provided, however,\\nthat nothing in this section shall be construed to affect the statutory\\nright of a school district or board of cooperative educational services\\nto terminate a probationary teacher or principal for statutorily and\\nconstitutionally permissible reasons other than the performance of the\\nteacher or principal in the classroom or school, including but not\\nlimited to misconduct. Such performance reviews shall also be a\\nsignificant factor in teacher and principal development, including but\\nnot limited to, coaching, induction support and differentiated\\nprofessional development, which are to be locally established in\\naccordance with procedures negotiated pursuant to the requirements of\\narticle fourteen of the civil service law.\\n 2. a. (1) The annual professional performance reviews conducted\\npursuant to this section for classroom teachers and building principals\\nshall differentiate teacher and principal effectiveness using the\\nfollowing quality rating categories: highly effective, effective,\\ndeveloping and ineffective, with explicit minimum and maximum scoring\\nranges for each category, for the state assessments and other comparable\\nmeasures subcomponent of the evaluation and for the locally selected\\nmeasures of student achievement subcomponent of the evaluation, as\\nprescribed in the regulations of the commissioner. There shall be: (i) a\\nstate assessments and other comparable measures subcomponent which shall\\ncomprise twenty or twenty-five percent of the evaluation; (ii) a locally\\nselected measures of student achievement subcomponent which shall\\ncomprise twenty or fifteen percent of the evaluation; and (iii) an other\\nmeasures of teacher or principal effectiveness subcomponent which shall\\ncomprise the remaining sixty percent of the evaluation, which in sum\\nshall constitute the composite teacher or principal effectiveness score.\\nSuch annual professional performance reviews shall result in a single\\ncomposite teacher or principal effectiveness score, which incorporates\\nmultiple measures of effectiveness related to the criteria included in\\nthe regulations of the commissioner.\\n (2) For annual professional performance reviews conducted in\\naccordance with paragraph b of this subdivision for the two thousand\\neleven--two thousand twelve school year and for annual professional\\nperformance reviews conducted in accordance with paragraphs f and g of\\nthis subdivision for the two thousand twelve--two thousand thirteen\\nschool year, the overall composite scoring ranges shall be in accordance\\nwith this subparagraph. A classroom teacher and building principal shall\\nbe deemed to be:\\n (A) Highly Effective if they achieve a composite effectiveness score\\nof 91-100.\\n (B) Effective if they achieve a composite effectiveness score of\\n75-90.\\n (C) Developing if they achieve a composite effectiveness score of\\n65-74.\\n (D) Ineffective if they achieve a composite effectiveness score of\\n0-64.\\n (3) For annual professional performance reviews conducted in\\naccordance with paragraph b of this subdivision for the two thousand\\neleven--two thousand twelve school year and for annual professional\\nperformance reviews conducted in accordance with paragraph f of this\\nsubdivision for the two thousand twelve--two thousand thirteen school\\nyear for classroom teachers in subjects and grades for which the board\\nof regents has not approved a value-added model and for building\\nprincipals employed in schools or programs for which there is no\\napproved principal value-added model, the scoring ranges for the student\\ngrowth on state assessments or other comparable measures subcomponent\\nshall be in accordance with this subparagraph. A classroom teacher and\\nbuilding principal shall receive:\\n (A) a highly effective rating in this subcomponent if the teacher's or\\nprincipal's results are well-above the state average for similar\\nstudents and they achieve a subcomponent score of 18-20;\\n (B) an effective rating in this subcomponent if the teacher's or\\nprincipal's results meet the state average for similar students and they\\nachieve a subcomponent score of 9-17; or\\n (C) a developing rating in this subcomponent if the teacher's or\\nprincipal's results are below the state average for similar students and\\nthey achieve a subcomponent score of 3-8; or\\n (D) an ineffective rating in this subcomponent, if the teacher's or\\nprincipal's results are well-below the state average for similar\\nstudents and they achieve a subcomponent score of 0-2.\\n (4) For annual professional performance reviews conducted in\\naccordance with paragraph g of this subdivision for the two thousand\\ntwelve--two thousand thirteen school year for classroom teachers in\\nsubjects and grades for which the board of regents has approved a\\nvalue-added model and for building principals employed in schools or\\nprograms for which there is an approved principal value-added model, the\\nscoring ranges for the student growth on state assessments or other\\ncomparable measures subcomponent shall be in accordance with this\\nsubparagraph. A classroom teacher and building principal shall receive:\\n (A) a highly effective rating in this subcomponent if the teacher's or\\nprincipal's results are well-above the state average for similar\\nstudents and they achieve a subcomponent score of 22-25;\\n (B) an effective rating in this subcomponent if the teacher's or\\nprincipal's results meet the state average for similar students and they\\nachieve a subcomponent score of 10-21; or\\n (C) a developing rating in this subcomponent if the teacher's or\\nprincipal's results are below the state average for similar students and\\nthey achieve a subcomponent score of 3-9; or\\n (D) an ineffective rating in this subcomponent, if the teacher's or\\nprincipal's results are well-below the state average for similar\\nstudents and they achieve a subcomponent score of 0-2.\\n (5) For annual professional performance reviews conducted in\\naccordance with paragraph b of this subdivision for the two thousand\\neleven--two thousand twelve school year and for annual professional\\nperformance reviews conducted in accordance with paragraph f of this\\nsubdivision for the two thousand twelve--two thousand thirteen school\\nyear for classroom teachers in subjects and grades for which the board\\nof regents has not approved a value-added model and for building\\nprincipals employed in schools or programs for which there is no\\napproved principal value-added model, the scoring ranges for the locally\\nselected measures of student achievement subcomponent shall be in\\naccordance with this subparagraph. A classroom teacher and building\\nprincipal shall receive:\\n (A) a highly effective rating in this subcomponent if the results are\\nwell-above district-adopted expectations for student growth or\\nachievement and they achieve a subcomponent score of 18-20; or\\n (B) an effective rating in this subcomponent if the results meet\\ndistrict-adopted expectations for growth or achievement and they achieve\\na subcomponent score of 9-17; or\\n (C) a developing rating in this subcomponent if the results are below\\ndistrict-adopted expectations for growth or achievement and they achieve\\na subcomponent score of 3-8; or\\n (D) an ineffective rating in this subcomponent if the results are\\nwell-below district-adopted expectations for growth or achievement and\\nthey achieve a subcomponent score of 0-2.\\n (6) For annual professional performance reviews conducted in\\naccordance with paragraph b of this subdivision for the two thousand\\neleven--two thousand twelve school year and for annual professional\\nperformance reviews conducted in accordance with paragraph g of this\\nsubdivision for the two thousand twelve--two thousand thirteen school\\nyear for classroom teachers in subjects and grades for which the board\\nof regents has approved a value-added model and for building principals\\nemployed in schools or programs for which there is an approved principal\\nvalue-added model, the scoring ranges for the locally selected measures\\nof student achievement subcomponent shall be in accordance with this\\nsubparagraph. A classroom teacher and building principal shall receive:\\n (A) a highly effective rating in this subcomponent if the results are\\nwell-above district-adopted expectations for student growth or\\nachievement and they achieve a subcomponent score of 14-15; or\\n (B) an effective rating in this subcomponent if the results meet\\ndistrict-adopted expectations for growth or achievement and they achieve\\na subcomponent score of 8-13; or\\n (C) a developing rating in this subcomponent if the results are below\\ndistrict-adopted expectations for growth or achievement and they achieve\\na subcomponent score of 3-7; or\\n (D) an ineffective rating in this subcomponent if the results are\\nwell-below district-adopted expectations for growth or achievement and\\nthey achieve a subcomponent score of 0-2.\\n (7) For the two thousand thirteen--two thousand fourteen school year\\nand thereafter, the commissioner shall review the specific scoring\\nranges for each of the rating categories annually before the start of\\neach school year and shall recommend any changes to the board of regents\\nfor consideration.\\n (8) Except for the student growth measures on the state assessments or\\nother comparable measures of student growth prescribed in paragraphs e,\\nf and g of this subdivision, the elements comprising the composite\\neffectiveness score and the process by which points are assigned to\\nsubcomponents shall be locally developed, consistent with the standards\\nprescribed in the regulations of the commissioner and the requirements\\nof this section, through negotiations conducted, pursuant to the\\nrequirements of article fourteen of the civil service law.\\n b. (1) Annual professional performance reviews conducted by school\\ndistricts or boards of cooperative educational services for the two\\nthousand eleven--two thousand twelve school year of classroom teachers\\nof common branch subjects or English language arts or mathematics in\\ngrades four to eight and all building principals of schools in which\\nsuch teachers are employed shall be conducted pursuant to this\\nsubdivision and shall use two thousand ten--two thousand eleven school\\nyear student data as the baseline for the initial computation of the\\ncomposite teacher or principal effectiveness score for such classroom\\nteachers and principals.\\n (2) Subject to paragraph k of this subdivision the entire annual\\nprofessional performance review shall be completed and provided to the\\nteacher or principal as soon as practicable but in no case later than\\nSeptember first, two thousand twelve. The provisions of subparagraphs\\ntwo and three of paragraph c of this subdivision shall apply to such\\nreviews.\\n c. (1) Annual professional performance reviews conducted by school\\ndistricts or boards of cooperative educational services for the two\\nthousand twelve--two thousand thirteen school year and thereafter of all\\nclassroom teachers and all building principals shall be conducted\\npursuant to this subdivision and shall use two thousand eleven--two\\nthousand twelve school year student data as the baseline for the initial\\ncomputation of the composite teacher or principal effectiveness score\\nfor such classroom teachers and principals. For purposes of this\\nsection, an administrator in charge of an instructional program of a\\nboard of cooperative educational services shall be deemed to be a\\nbuilding principal.\\n (2) Subject to paragraph k of this subdivision the entire annual\\nprofessional performance review shall be completed and provided to the\\nteacher or principal as soon as practicable but in no case later than\\nSeptember first of the school year next following the school year for\\nwhich the classroom teacher or building principal's performance is being\\nmeasured. The teacher's and principal's score and rating on the locally\\nselected measures subcomponent, if available, and on the other measures\\nof teacher and principal effectiveness subcomponent for a teacher's or\\nprincipal's annual professional performance review shall be computed and\\nprovided to the teacher or principal, in writing, by no later than the\\nlast day of the school year for which the teacher or principal is being\\nmeasured. Nothing in this subdivision shall be construed to authorize a\\nteacher or principal to trigger the appeal process prior to receipt of\\nhis or her composite effectiveness score and rating.\\n (3) Each such annual professional performance review shall be based on\\nthe state assessments or other comparable measures subcomponent, the\\nlocally selected measures of student achievement subcomponent and the\\nother measures of teacher and principal effectiveness subcomponent,\\ndetermined in accordance with the applicable provisions of this section\\nand the regulations of the commissioner, for the school year for which\\nthe teacher's or principal's performance is measured.\\n d. Prior to any evaluation being conducted in accordance with this\\nsection, each individual who is responsible for conducting an evaluation\\nof a teacher or building principal shall receive appropriate training in\\naccordance with the regulations of the commissioner of education.\\n e. (1) For annual professional performance reviews conducted in\\naccordance with paragraph b of this subdivision for the two thousand\\neleven--two thousand twelve school year, forty percent of the composite\\nscore of effectiveness shall be based on student achievement measures as\\nfollows: (i) twenty percent of the evaluation shall be based upon\\nstudent growth data on state assessments as prescribed by the\\ncommissioner or a comparable measure of student growth if such growth\\ndata is not available; and (ii) twenty percent shall be based on other\\nlocally selected measures of student achievement that are determined to\\nbe rigorous and comparable across classrooms in accordance with the\\nregulations of the commissioner and as are developed locally in a manner\\nconsistent with procedures negotiated pursuant to the requirements of\\narticle fourteen of the civil service law.\\n (2) Such locally selected measures may include measures of student\\nachievement or growth on state assessments, regents examinations and/or\\ndepartment approved equivalent, provided that such measures are\\ndifferent from those prescribed by the commissioner pursuant to clause\\n(i) of subparagraph one of this paragraph. The regulations of the\\ncommissioner shall describe the types of measures of student growth or\\nachievement that may be locally selected. The selection of the local\\nmeasure(s) as described in this paragraph to be used by the school\\ndistrict or board of cooperative educational services shall be\\ndetermined through collective bargaining.\\n f. (1) For annual professional performance reviews conducted in\\naccordance with paragraph c of this subdivision for the two thousand\\ntwelve--two thousand thirteen school year and thereafter for classroom\\nteachers in subjects and grades for which the board of regents has not\\napproved a value-added model and for building principals employed in\\nschools or programs for which there is no approved principal value-added\\nmodel, forty percent of the composite score of effectiveness shall be\\nbased on student achievement measures as follows: (i) twenty percent of\\nthe evaluation shall be based upon student growth data on state\\nassessments as prescribed by the commissioner or a comparable measure of\\nstudent growth if such growth data is not available; and (ii) twenty\\npercent shall be based on other locally selected measures of student\\nachievement that are determined to be rigorous and comparable across\\nclassrooms in accordance with the regulations of the commissioner and as\\nare developed locally in a manner consistent with procedures negotiated\\npursuant to the requirements of article fourteen of the civil service\\nlaw.\\n (2) One or more of the following types of locally selected measures of\\nstudent achievement or growth may be used for the evaluation of\\nclassroom teachers:\\n (i) student achievement or growth on state assessments, regents\\nexaminations and/or department approved alternative examinations as\\ndescribed in the regulations of the commissioner including, but not\\nlimited to, advanced placement examinations, international baccalaureate\\nexaminations, and SAT II, using a measure that is different from the\\ngrowth score prescribed by the department for student growth on such\\nassessments or examinations for purposes of the state assessment or\\nother comparable measures subcomponent that is either:\\n (A) the change in percentage of a teacher's students who achieve a\\nspecific level of performance as determined locally, on such\\nassessments/examinations compared to those students' level of\\nperformance on such assessments/examinations in the previous school year\\nsuch as a three percentage point increase in students earning the\\nproficient level (three) or better performance level on the seventh\\ngrade math state assessment compared to those same students' performance\\nlevels on the sixth grade math state assessment, or an increase in the\\npercentage of a teacher's students earning the advanced performance\\nlevel (four) on the fourth grade English language arts or math state\\nassessments compared to those students' performance levels on the third\\ngrade English language arts or math state assessments; or\\n (B) a teacher specific growth score computed by the department based\\non the percent of the teacher's students earning a department determined\\nlevel of growth. The methodology to translate such growth into the\\nstate-established subcomponent scoring ranges shall be determined\\nlocally; or\\n (C) a teacher-specific achievement or growth score computed in a\\nmanner determined locally based on a measure of student performance on\\nthe state assessments, regents examinations and/or department approved\\nalternative examinations other than the measure described in item (A) or\\n(B) of this subparagraph;\\n (ii) student growth or achievement computed in a manner determined\\nlocally based on a student assessment approved by the department\\npursuant to a request for qualification process established in the\\nregulations of the commissioner;\\n (iii) student growth or achievement computed in a manner determined\\nlocally based on a district, regional or BOCES-developed assessment that\\nis rigorous and comparable across classrooms;\\n (iv) a school-wide measure of either student growth or achievement\\nbased on either:\\n (A) a state-provided student growth score covering all students in the\\nschool that took the state assessment in English language arts or\\nmathematics in grades four through eight;\\n (B) a school-wide measure of student growth or achievement computed in\\na manner determined locally based on a district, regional or board of\\ncooperative educational services developed assessment that is rigorous\\nand comparable across classrooms or a department approved student\\nassessment or based on a state assessment; or\\n (v) where applicable, for teachers in any grade or subject where there\\nis no growth or value-added growth model approved by the board of\\nregents at that grade level or in that subject, a structured\\ndistrict-wide student growth goal-setting process to be used with any\\nstate assessment or an approved student assessment or a district,\\nregional or BOCES-developed assessment that is rigorous and comparable\\nacross classrooms.\\n (3) One or more of the following types of locally selected measures of\\nstudent achievement or growth may be used for the evaluation of\\nprincipals, provided that each measure is rigorous and comparable across\\nclassrooms and that any such measure shall be different from that used\\nfor the state assessment or other comparable measures subcomponent:\\n (i) student achievement levels on state assessments in English\\nlanguage arts and/or mathematics in grades four to eight such as\\npercentage of students in the school whose performance levels on state\\nassessments are proficient or advanced, as defined in the regulations of\\nthe commissioner;\\n (ii) student growth or achievement on state or other assessments in\\nEnglish language arts and/or mathematics in grades four to eight for\\nstudents in each of the performance levels described in the regulations\\nof the commissioner;\\n (iii) student growth or achievement on state assessments in English\\nlanguage arts and/or mathematics in grades four to eight for students\\nwith disabilities and English language learners in grades four to eight;\\n (iv) student performance on any or all of the district-wide locally\\nselected measures approved for use in teacher evaluations;\\n (v) for principals employed in a school with high school grades, four,\\nfive and/or six-year high school graduation and/or dropout rates;\\n (vi) percentage of students who earn a regents diploma with advanced\\ndesignation and/or honors as defined in the regulations of the\\ncommissioner, for principals employed in a school with high school\\ngrades;\\n (vii) percentage of a cohort of students that achieve specified scores\\non regents examinations and/or department approved alternative\\nexaminations including, but not limited to, advanced placement\\nexaminations, international baccalaureate examinations and SAT II, for\\nprincipals employed in a school with high school grades such as the\\npercentage of students in the two thousand nine cohort that scored at\\nleast a three on an advanced placement examination since entry into the\\nninth grade; and/or\\n (viii) students' progress toward graduation in the school using strong\\npredictive indicators, including but not limited to ninth and/or tenth\\ngrade credit accumulation and/or the percentage of students that pass\\nninth and/or tenth grade subjects most commonly associated with\\ngraduation and/or students' progress in passing the number of required\\nregents examinations for graduation, for principals employed in a school\\nwith high school grades.\\n (ix) For school districts or boards of cooperative educational\\nservices that choose to use more than one set of locally selected\\nmeasures described in this paragraph for principals in the same or\\nsimilar grade configuration or program such as one set of locally\\nselected measures is used to evaluate principals in some K-5 schools and\\nanother set of locally selected measures is used to evaluate principals\\nin the other K-5 schools in the district, the superintendent or district\\nsuperintendent shall, in their professional performance review plan,\\ncertify that the sets of measures are comparable, in accordance with the\\ntesting standards as defined in regulations of the commissioner.\\n (x) For building principals employed in schools or programs for which\\nthere is no approved principal value-added model, the types of locally\\nselected measures of student achievement or growth specified in\\nsubparagraph three of paragraph g of this subdivision may be used. In\\naddition, a structured district-wide student growth goal-setting process\\nto be used with any state assessment or an approved student assessment\\nor a district, regional of BOCES-developed assessment that is rigorous\\nand comparable across classrooms may be a locally selected measure.\\n (4) The selection of the local measure or measures as described in\\nsubparagraphs two and three of this paragraph to be used by the school\\ndistrict or board of cooperative educational services shall be\\ndetermined through collective bargaining.\\n g. (1) For annual professional performance reviews conducted in\\naccordance with paragraph c of this subdivision for the two thousand\\ntwelve--two thousand thirteen school year and thereafter for classroom\\nteachers in subjects and grades in which there is a value-added growth\\nmodel approved by the board of regents and for building principals\\nemployed in schools or programs for which there is an approved principal\\nvalue-added model, forty percent of the composite score of effectiveness\\nshall be based on student achievement measures as follows: (i)\\ntwenty-five percent of the evaluation shall be based upon student growth\\ndata on state assessments as prescribed by the commissioner or a\\ncomparable measure of student growth if such growth data is not\\navailable; and (ii) fifteen percent shall be based on other locally\\nselected measures of student achievement that are determined to be\\nrigorous and comparable across classrooms in accordance with the\\nregulations of the commissioner and as are locally developed in a manner\\nconsistent with procedures negotiated pursuant to the requirements of\\narticle fourteen of the civil service law. The department shall develop\\nthe value-added growth model and shall consult with the advisory\\ncommittee established pursuant to subdivision seven of this section\\nprior to recommending that the board of regents approve its use in\\nevaluations.\\n (2) One or more of the following types of locally selected measures of\\nstudent achievement or growth may be used for the evaluation of\\nclassroom teachers:\\n (i) student achievement or growth on state assessments, regents\\nexaminations and/or department approved alternative examinations as\\ndescribed in the regulations of the commissioner including, but not\\nlimited to, advanced placement examinations, international baccalaureate\\nexaminations and SAT II, using a measure that is different from the\\ngrowth score prescribed by the department for student growth on such\\nassessments or examinations for purposes of the state assessment or\\nother comparable measures subcomponent that is either:\\n (A) the change in percentage of a teacher's students who achieve a\\nspecific level of performance as determined locally, on such\\nassessments/examinations compared to those students' level of\\nperformance on such assessments/examinations in the previous school year\\nsuch as a three percentage point increase in students earning the\\nproficient level (three) or better performance level on the seventh\\ngrade math state assessment compared to those same students' performance\\nlevels on the sixth grade math state assessment, or an increase in the\\npercentage of a teacher's students earning the advanced performance\\nlevel (four) on the fourth grade English language arts or math state\\nassessments compared to those students' performance levels on the third\\ngrade English language arts or math state assessments; or\\n (B) a teacher specific growth score computed by the state based on the\\npercent of the teacher's students earning a state determined level of\\ngrowth. The methodology to translate such growth into the\\nstate-established subcomponent scoring ranges shall be determined\\nlocally; or\\n (C) a teacher-specific achievement or growth score computed in a\\nmanner determined locally based on a measure of student performance on\\nthe state assessments, regents examinations and/or department approved\\nalternative examinations other than the measure described in item (A) or\\n(B) of this subparagraph;\\n (ii) student growth or achievement computed in a manner determined\\nlocally based on a student assessment approved by the department\\npursuant to a request for qualification process established in the\\nregulations of the commissioner;\\n (iii) student growth or achievement computed in a manner determined\\nlocally based on a district, regional or BOCES-developed assessment that\\nis rigorous and comparable across classrooms;\\n (iv) a school-wide measure of either student growth or achievement\\nbased on either:\\n (A) a state-provided student growth score covering all students in the\\nschool that took the state assessment in English language arts or\\nmathematics in grades four through eight; or\\n (B) a school-wide measure of student growth or achievement computed in\\na manner determined locally based on a district, regional or board of\\ncooperative educational services developed assessment that is rigorous\\nand comparable across classrooms or a department approved student\\nassessment or based on a state assessment.\\n (3) One or more of the following types of locally selected measures of\\nstudent achievement or growth may be used for the evaluation of\\nprincipals, provided that each measure is rigorous and comparable across\\nclassrooms and that any such measure shall be different from that used\\nfor the state assessment or other comparable measures subcomponent:\\n (i) student achievement levels on state assessments in English\\nlanguage arts and/or mathematics in grades four to eight such as\\npercentage of students in the school whose performance levels on state\\nassessments are proficient or advanced, as defined in the regulations of\\nthe commissioner;\\n (ii) student growth or achievement on state or other assessments in\\nEnglish language arts and/or mathematics in grades four to eight for\\nstudents in each of the performance levels described in the regulations\\nof the commissioner;\\n (iii) student growth or achievement on state assessments in English\\nlanguage arts and/or mathematics in grades four to eight for students\\nwith disabilities and English language learners in grades four to eight;\\n (iv) student performance on any or all of the district-wide locally\\nselected measures approved for use in teacher evaluations;\\n (v) for principals employed in a school with high school grades, four,\\nfive and/or six-year high school graduation and/or dropout rates;\\n (vi) percentage of students who earn a regents diploma with advanced\\ndesignation and/or honors as defined in the regulations of the\\ncommissioner, for principals employed in a school with high school\\ngrades;\\n (vii) percentage of a cohort of students that achieve specified scores\\non regents examinations and/or department approved alternative\\nexaminations including, but not limited to, advanced placement\\nexaminations, international baccalaureate examinations and SAT II, for\\nprincipals employed in a school with high school grades such as the\\npercentage of students in the two thousand nine cohort that scored at\\nleast a three on an advanced placement examination since entry into the\\nninth grade; and/or\\n (viii) students' progress toward graduation in the school using strong\\npredictive indicators, including but not limited to ninth and/or tenth\\ngrade credit accumulation and/or the percentage of students that pass\\nninth and/or tenth grade subjects most commonly associated with\\ngraduation and/or students' progress in passing the number of required\\nregents examinations for graduation, for principals employed in a school\\nwith high school grades.\\n (ix) For school districts or boards of cooperative educational\\nservices that choose to use more than one set of locally selected\\nmeasures described in this paragraph for principals in the same or\\nsimilar grade configuration or program, the superintendent or district\\nsuperintendent shall, in their professional performance review plan,\\ncertify that the sets of measures are comparable, in accordance with the\\ntesting standards as defined in regulations of the commissioner.\\n (4) The selection of the local measure or measures as described in\\nsubparagraphs two and three of this paragraph to be used by the school\\ndistrict or board of cooperative educational services shall be\\ndetermined through collective bargaining.\\n h. The remaining sixty percent of the evaluations, ratings and\\neffectiveness scores shall be locally developed, consistent with the\\nstandards prescribed in the regulations of the commissioner, through\\nnegotiations conducted pursuant to article fourteen of the civil service\\nlaw.\\n (1) A majority of the sixty points for classroom teachers shall be\\nbased on multiple classroom observations conducted by a principal or\\nother trained administrator, which may be performed in-person or by\\nvideo. For evaluations for the two thousand twelve--two thousand\\nthirteen school year and thereafter, at least one such observation shall\\nbe an unannounced visit.\\n (2) For the remaining portion of these sixty points for evaluations\\nfor the two thousand eleven--two thousand twelve school year, the\\ncommissioner's regulation shall prescribe the other forms of evidence of\\nteacher and principal effectiveness that may be used.\\n (3) For evaluations of classroom teachers for the two thousand\\ntwelve--two thousand thirteen school year and thereafter, the remaining\\nportion of these sixty points shall be based on one or more of the\\nfollowing:\\n (i) one or more classroom observations by independent trained\\nevaluators selected by the school district or board of cooperative\\neducational services who are teachers or former teachers with a\\ndemonstrated record of effectiveness and have no prior affiliation with\\nthe school in which they are conducting the evaluation and no other\\nrelationship with the teachers being evaluated that would affect their\\nimpartiality;\\n (ii) classroom observations by trained in-school peer teachers; and/or\\n (iii) use of a state-approved instrument for parent or student\\nfeedback; and/or\\n (iv) evidence of student development and performance through lesson\\nplans, student portfolios and other artifacts of teacher practices\\nthrough a structured review process.\\n (4) A majority of these sixty points for building principals shall be\\nbased on a broad assessment of the principal's leadership and management\\nactions based on the principal practice rubric by the building\\nprincipal's supervisor, a trained administrator or a trained independent\\nevaluator, with one or more visits conducted by the supervisor, and, for\\nevaluations for the two thousand twelve--two thousand thirteen school\\nyear and thereafter, that such assessment must incorporate multiple\\nschool visits by a supervisor, a trained administrator or other trained\\nevaluator, with at least one visit conducted by the supervisor and at\\nleast one unannounced visit. For the remaining portion of these sixty\\npoints for evaluations for the two thousand eleven--two thousand twelve\\nschool year, such regulations shall also prescribe the other forms of\\nevidence of principal effectiveness that may be used consistent with the\\nstandards prescribed by the commissioner.\\n (5) For evaluations of building principals for the two thousand\\ntwelve--two thousand thirteen school year and thereafter, the remaining\\nportion of these sixty points shall include, in addition to the\\nrequirements of subparagraph three of this paragraph, at least two other\\nsources of evidence from the following options: feedback from teachers,\\nstudents, and/or families using state-approved instruments; school\\nvisits by other trained evaluators; and/or review of school documents,\\nrecords, and/or state accountability processes. Any such remaining\\npoints shall be assigned based on the results of one or more ambitious\\nand measurable goals set collaboratively with principals and their\\nsuperintendents or district superintendents as follows:\\n (i) at least one goal must address the principal's contribution to\\nimproving teacher effectiveness, which shall include one or more of the\\nfollowing: improved retention of high performing teachers, the\\ncorrelation between student growth scores of teachers granted tenure as\\nopposed to those denied tenure; or improvements in the proficiency\\nrating of the principal on specific teacher effectiveness standards in\\nthe principal practice rubric.\\n (ii) any other goals shall address quantifiable and verifiable\\nimprovements in academic results or the school's learning environmental\\nsuch as student or teacher attendance.\\n (6) The district or board of cooperative educational services shall\\nestablish specific minimum and maximum scoring ranges for each\\nperformance level within this subcomponent before the start of each\\nschool year and shall assign points to a teacher or principal for this\\nsubcomponent based on the standards prescribed in the regulations of the\\ncommissioner, all in accordance with, and subject to, the requirements\\nof paragraph j of this subdivision.\\n i. For purposes of this section, student growth means the change in\\nstudent achievement for an individual student between two or more points\\nin time.\\n j. (1) The process by which points are assigned in subcomponents and\\nthe scoring ranges for the subcomponents must be transparent and\\navailable to those being rated before the beginning of each school year.\\nThe process by which points are assigned in the respective subcomponents\\nare to be determined as follows:\\n (i) For the state assessment or other comparable measures\\nsubcomponent, that process shall be formulated by the commissioner with\\nthe approval of the board of regents.\\n (ii) For the locally selected measures of the student achievement\\nsubcomponent, that process shall be established locally through\\nnegotiations conducted under article fourteen of the civil service law.\\n (iii) For the other measures of teacher and principal effectiveness\\nsubcomponent, that process shall be established locally through\\nnegotiations conducted under article fourteen of the civil services law.\\n (2) Such process must ensure that it is possible for a teacher or\\nprincipal to obtain each point in the applicable scoring ranges,\\nincluding zero, for the state assessment or other comparable measures\\nsubcomponent, the locally selected measures of student achievement\\nsubcomponent and the overall rating categories. The process must also\\nensure that it is possible for a teacher or principal to obtain each\\npoint in the scoring ranges prescribed by the district or board of\\ncooperative educational services for the other measures of teacher and\\nprincipal effectiveness subcomponent.\\n (3) The superintendent, district superintendent or chancellor and the\\npresident of the collective bargaining representative (where one exists)\\nshall certify in its plan that the process will use the narrative\\ndescriptions of the standards for the scoring ranges provided in the\\nregulations of the commissioner to effectively differentiate a teacher\\nor principal's performance in each of the subcomponents and in their\\noverall ratings to improve student learning and instruction.\\n (4) The scoring ranges for the other measures of teacher and principal\\neffectiveness subcomponent shall be established locally through\\nnegotiations conducted under article fourteen of the civil service law.\\n k. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, by July first, two thousand twelve, the governing body of\\neach school district and board of cooperative educational services shall\\nadopt a plan, on a form prescribed by the commissioner, for the annual\\nprofessional performance review of all of its classroom teachers and\\nbuilding principals in accordance with the requirements of this section\\nand the regulations of the commissioner, and shall submit such plan to\\nthe commissioner for approval. The plan may be an annual or multi-year\\nplan, for the annual professional performance review of all of its\\nclassroom teachers and building principals. The commissioner shall\\napprove or reject the plan by September first, two thousand twelve, or\\nas soon as practicable thereafter. The commissioner may reject a plan\\nthat does not rigorously adhere to the provisions of this section and\\nthe regulations of the commissioner. Should any plan be rejected, the\\ncommissioner shall describe each deficiency in the submitted plan and\\ndirect that each such deficiency be resolved through collective\\nbargaining to the extent required under article fourteen of the civil\\nservice law. If any material changes are made to the plan, the school\\ndistrict or board of cooperative educational services must submit the\\nmaterial changes, on a form prescribed by the commissioner, to the\\ncommissioner for approval. To the extent that by July first, two\\nthousand twelve, or by July first of any subsequent year, if all the\\nterms of the plan have not been finalized as a result of unresolved\\ncollective bargaining negotiations, the entire plan shall be submitted\\nto the commissioner upon resolution of all of its terms, consistent with\\narticle fourteen of the civil service law.\\n k-1. If material changes are submitted pursuant to paragraph k of this\\nsubdivision for an approved plan that solely relates to the elimination\\nof student assessments that are not required by state or federal law,\\nthe commissioner shall expedite his or her review of such material\\nchanges and solely review those sections of the plan that relate to the\\neliminated student assessments to ensure compliance with this section\\nand the regulations of the commissioner, provided that the governing\\nbody of such school district or board of cooperative educational\\nservices provide a written explanation of the material changes submitted\\nfor approval, on a form prescribed by the commissioner, and certify that\\nno other material changes have been made to any other sections of the\\ncurrently approved plan, and provided further that the commissioner\\nshall complete such review of material changes properly and completely\\nsubmitted under this paragraph within ten business days of submission.\\n k-2. The commissioner shall take actions to reduce time spent on field\\ntests for students taking the state administered standardized English\\nlanguage arts and mathematics assessments for grades three through eight\\nto the extent federal funds are allowable for such purpose under the\\nstate stabilization fund of the American Recovery and Reinvestment Act\\nof 2009 or are otherwise available.\\n l. In the event a school district does not have an annual professional\\nperformance review plan approved by the commissioner for the applicable\\nschool year as of September first of that year, the collectively\\nbargained plan most recently approved or the plan determined by the\\ncommissioner shall remain in effect until a subsequent plan is agreed to\\nby the parties in accordance with this section and is approved by the\\ncommissioner.\\n 3. Nothing in this section shall be construed to excuse school\\ndistricts or boards of cooperative educational services from complying\\nwith the standards set forth in the regulations of the commissioner for\\nconducting annual professional performance reviews of classroom teachers\\nor principals, including but not limited to required quality rating\\ncategories, in conducting evaluations prior to July first, two thousand\\neleven, or, for classroom teachers or principals subject to paragraph c\\nof subdivision two of this section, prior to July first, two thousand\\ntwelve.\\n 4. Notwithstanding any other law, rule or regulation to the contrary,\\nupon rating a teacher or a principal as developing or ineffective\\nthrough an annual professional performance review conducted pursuant to\\nsubdivision two of this section, the school district or board of\\ncooperative educational services shall formulate and commence\\nimplementation of a teacher or principal improvement plan for such\\nteacher or principal as soon as practicable but in no case later than\\nten school days after the opening of classes for the school year. Such\\nimprovement plan shall be consistent with the regulations of the\\ncommissioner and developed locally through negotiations conducted\\npursuant to article fourteen of the civil service law. Such improvement\\nplan shall include, but need not be limited to, identification of needed\\nareas of improvement, a timeline for achieving improvement, the manner\\nin which improvement will be assessed, and, where appropriate,\\ndifferentiated activities to support a teacher's or principal's\\nimprovement in those areas.\\n 5. a. An appeals procedure shall be locally established in each school\\ndistrict and in each board of cooperative educational services by which\\nthe evaluated teacher or principal may only challenge the substance of\\nthe annual professional performance review, the school district's or\\nboard of cooperative educational services' adherence to the standards\\nand methodologies required for such reviews, pursuant to this section,\\nthe adherence to the regulations of the commissioner and compliance with\\nany applicable locally negotiated procedures, as well as the school\\ndistrict's or board of cooperative educational services' issuance and/or\\nimplementation of the terms of the teacher or principal improvement\\nplan, as required under this section. Appeal procedures shall provide\\nfor the timely and expeditious resolution of any appeal under this\\nsubdivision. The specifics of the appeal procedure shall be locally\\nestablished through negotiations conducted pursuant to article fourteen\\nof the civil service law. An evaluation which is the subject of an\\nappeal shall not be sought to be offered in evidence or placed in\\nevidence in any proceeding conducted pursuant to either section three\\nthousand twenty-a of this article or any locally negotiated alternate\\ndisciplinary procedure, until the appeal process is concluded.\\n b. Nothing in this section shall be construed to alter or diminish the\\nauthority of the governing body of a school district or board of\\ncooperative educational services to grant or deny tenure to or terminate\\nprobationary teachers or probationary building principals during the\\npendency of an appeal pursuant to this section for statutorily and\\nconstitutionally permissible reasons other than the teacher's or\\nprincipal's performance that is the subject of the appeal.\\n c. Nothing in this section shall be construed to authorize a teacher\\nor principal to trigger the appeal process prior to receipt of their\\ncomposite effectiveness score and rating from the district or board of\\ncooperative educational services.\\n 5-a. In the city school district of the city of New York,\\nnotwithstanding any provision of law to the contrary, the following\\nshall apply to classroom teachers:\\n a. A teacher who did not receive an ineffective rating in the annual\\nprofessional performance review for the prior school year is in \"year\\none status\".\\n b. A teacher who received an ineffective rating in the previous school\\nyear is in \"year two status\", until and unless that rating is either\\nchanged by the principal or reversed on appeal in accordance with the\\nprovisions of this subdivision, or until and unless the teacher reverts\\nto year one status in accordance with the provisions of this\\nsubdivision.\\n c. A teacher who is rated ineffective for a school year in which the\\nteacher has year one status shall have a right to appeal that rating to\\nthe chancellor of the city school district, who shall make a final\\ndetermination, unless an appeal is initiated to a three-member panel\\nsubject to the following requirements. The united federation of teachers\\n(UFT) may appeal to a three-member panel the ineffective ratings of up\\nto thirteen percent of teachers who received such ineffective ratings\\nfor a school year. Any such appeal may only be made on the ground that\\nthe ineffective rating was given due to harassment or reasons not\\nrelated to job performance. These appeals shall be known as a \"panel\\nappeals\". The three-member panel shall consist of a person selected by\\nthe UFT, a person selected by the chancellor of the city school district\\nand an independent person, not affiliated with the UFT or the district\\nand selected by the state education department, who shall be the chair\\nof the panel and conduct the appeal hearing. If the panel sustains the\\nappeal, the principal must submit to the panel a different rating, which\\nmust be approved by the panel. Any ineffective rating that is appealed\\nto the panel may not be appealed to the chancellor of the city school\\ndistrict.\\n d. The chancellor of the city school district shall notify the UFT of\\nall ineffective ratings. Each school year, if the UFT is notified of an\\nineffective rating prior to October first, a panel appeal of that rating\\nmust be initiated by the UFT by November first, provided that more than\\nthirteen percent of these ratings may be appealed to the panel. The UFT\\nand the board of education shall negotiate, pursuant to article fourteen\\nof the civil service law, a procedure for ensuring that each school\\nyear, not more than thirteen percent of the ratings received by the UFT\\nafter October first are appealed to the panel. The board of education\\nshall make all reasonable efforts to issue ratings and notify the UFT of\\nineffective ratings by October first. Any rating not appealed to the\\npanel may be appealed by the individual teacher to the chancellor of the\\ncity school district. Appeals made to the chancellor of the city school\\ndistrict must be filed within ten school days after the UFT would\\notherwise be required to notify the board of education of a panel\\nappeal.\\n e. For all teachers in year two status, unless and until the\\nineffective rating they received in the prior year is changed by a\\nprincipal or otherwise changed in accordance with the provisions of this\\nsubdivision, an independent validator shall be appointed to evaluate the\\nteacher on each component of the annual professional performance review\\nin which the scoring of the component is at the discretion of the\\nprincipal. These components shall not necessarily be limited to teacher\\nperformance, but shall not include any components in which the scoring\\nof the component is outside the discretion of the principal, even if the\\nprincipal has discretion in a related goal-setting process prior to\\nscoring. The independent validator shall perform three observations\\nduring the course of the school year. The terms and conditions of the\\nobservations shall be negotiated pursuant to the requirements of article\\nfourteen of the civil service law.\\n f. The UFT and the board of education shall jointly select an\\norganization or organizations that employ certified educators, including\\nteachers, to perform the work as independent validators. Independent\\nvalidators shall not be employed simultaneously by the board of\\neducation or simultaneously have an individual contract with the board\\nof education. Should either the board of education or the UFT notify the\\ndepartment that after a good faith effort the board of education and the\\nUFT are unable to jointly select organizations, the commissioner shall\\nname organizations subject to the following requirements. The board of\\neducation shall set forth a required number of validators, and the\\ncommissioner shall name organizations that can provide at least this\\nnumber of validators whom the commissioner deems qualified. The\\ncommissioner shall name organizations based on the criteria set forth in\\nthis subdivision that apply to the mutual selection process for the\\nboard of education and the UFT and shall also consider potential\\nconflicts of interest.\\n g. In an instance in which the independent validator does not complete\\nthe review process due to circumstances beyond the control of the board\\nof education, the teacher shall remain in year two status the following\\nschool year. Should the independent validator not complete the review\\nprocess for a second consecutive school year and for any reason in the\\nsecond year for other than a leave of absence or chronic absence on the\\npart of the teacher, the teacher shall return to year one status the\\nfollowing school year.\\n h. An independent validator shall be deemed to have agreed with the\\nprincipal when an independent validator's scoring, in conjunction with\\nthe scoring of components not reviewed by the independent validator in\\naccordance with this subdivision, would result in a rating in the same\\ncategory on the annual professional performance review than would result\\nfrom the principal's rating.\\n i. For purposes of this subdivision, an independent validator shall be\\ndeemed to have disagreed with the principal when an independent\\nvalidator's scoring, in conjunction with the scoring of components not\\nreviewed by the independent validator in accordance with this\\nsubdivision, would result in a rating in a different category on the\\nannual professional performance review than would result from the\\nprincipal's rating.\\n j. If a teacher receives an ineffective rating for a school year in\\nwhich the teacher is in year two status and the independent validator\\nagrees, the district may bring a proceeding pursuant to sections three\\nthousand twenty and three thousand twenty-a of this article based on a\\npattern of ineffective teaching or performance. In such proceeding, the\\ncharges shall allege that the employing board has developed and\\nsubstantially implemented a teacher improvement plan in accordance with\\nsubdivision four of this section for the employee following the\\nevaluation made for the year in which the employee was in year one\\nstatus and was rated ineffective. The pattern of ineffective teaching or\\nperformance shall give rise to a rebuttable presumption of incompetence\\nand if the presumption is not successfully rebutted, the finding, absent\\nextraordinary circumstances, shall be just cause for removal. In these\\nhearings, the teacher shall have up to three days to present his or her\\ncase for every one day used by the district to present its case. The\\nhearing officer shall render a written decision within ten days of the\\nlast day of the hearing.\\n k. If the teacher receives an ineffective rating by the principal in a\\nschool year in which they are in year two status and the independent\\nvalidator disagrees, the ineffective rating remains but the district may\\nnot bring proceeding based on a pattern of ineffective teaching or\\nperformance, as defined in this section, provided however that nothing\\nin this section shall prevent the board of education from charging a\\nteacher based on incompetence and entering the principal's evaluations\\ninto evidence.\\n l. If upon the completion of a hearing pursuant to sections three\\nthousand twenty and three thousand twenty-a of this article, based\\neither on a pattern of ineffective teaching or performance or charges of\\nincompetence in which year one or year two evaluations were entered into\\nevidence, and a hearing officer finds the teacher incompetent, but\\ndecides not to terminate, the teacher remains in year two status for the\\nschool year in progress or the following school year if the finding is\\nmade in between school years. If upon the completion of the hearing, the\\nhearing officer exonerates the teacher of charges of incompetence the\\nteacher shall revert to year one status if in the middle of the school\\nyear or at the beginning of the following school year if the finding is\\nmade in between school years.\\n m. If the teacher receives an ineffective rating in year two by the\\nprincipal and the validator agrees, and the district does not bring an\\nexpedited proceeding pursuant to sections three thousand twenty and\\nthree thousand twenty-a of this article, the teacher may appeal the year\\ntwo ineffective rating to the chancellor of the city school district,\\nwho shall make a final determination. If the rating is upheld, the\\nteacher shall remain in year two status for the subsequent school year,\\nbut if following that year the teacher is not charged, the teacher\\nreverts to year one status for the next school year.\\n n. A process shall be established to evaluate the effectiveness of the\\nspecific procedures established in this subdivision after two years from\\nthe effective date of this subdivision, provided however that a failure\\nor delay in establishing that process shall not invalidate any\\nprovisions of this subdivision.\\n o. Notwithstanding any other provision of law to the contrary, the\\nboard of education and the UFT may alter any provisions of this\\nsubdivision through collective bargaining.\\n 6. For purposes of disciplinary proceedings pursuant to sections three\\nthousand twenty and three thousand twenty-a of this article, a pattern\\nof ineffective teaching or performance shall be defined to mean two\\nconsecutive annual ineffective ratings received by a classroom teacher\\nor building principal pursuant to annual professional performance\\nreviews conducted in accordance with the provisions of this section.\\n 7. The regulations adopted pursuant to this section shall be developed\\nin consultation with an advisory committee consisting of representatives\\nof teachers, principals, superintendents of schools, school boards,\\nschool district and board of cooperative educational services officials\\nand other interested parties. The regulations shall also take into\\naccount any (i) professional teaching standards; (ii) standards for\\nprofessional contexts; and (iii) standards for a continuum of system\\nsupport for teachers and principals developed in consultation with the\\nadvisory committee. Regulations promulgated pursuant to this section\\nshall be effective no later than July first, two thousand eleven, for\\nimplementation in the two thousand eleven--two thousand twelve school\\nyear.\\n 8. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, all collective bargaining agreements applicable to\\nclassroom teachers or building principals entered into after July first,\\ntwo thousand ten shall be consistent with requirements of this section.\\nNothing in this section shall be construed to abrogate any conflicting\\nprovisions of any collective bargaining agreement in effect on July\\nfirst, two thousand ten during the term of such agreement and until the\\nentry into a successor collective bargaining agreement, provided that\\nnotwithstanding any other provision of law to the contrary, upon\\nexpiration of such term and the entry into a successor collective\\nbargaining agreement the provisions of this section shall apply.\\nFurthermore, nothing in this section or in any rule or regulation\\npromulgated hereunder shall in any way, alter, impair or diminish the\\nrights of a local collective bargaining representative to negotiate\\nevaluation procedures in accordance with article fourteen of the civil\\nservice law with the school district or board of cooperative educational\\nservices.\\n 9. a. The department shall annually monitor and analyze trends and\\npatterns in teacher and principal evaluation results and data to\\nidentify school districts, boards of cooperative educational services\\nand/or schools where evidence suggests that a more rigorous evaluation\\nsystem is needed to improve educator effectiveness and student learning\\noutcomes. The criteria for identifying school districts, boards of\\ncooperative educational services and/or schools shall be prescribed in\\nthe regulations of the commissioner.\\n b. A school, school district or board of cooperative educational\\nservices identified by the department in one of the categories\\nenumerated in paragraph a of this subdivision may be highlighted in\\npublic reports and/or the commissioner may order a corrective action\\nplan, which may include, but not be limited to, requirements that the\\ndistrict or board of cooperative educational services arrange for\\nadditional professional development, provide additional in-service\\ntraining and/or utilize independent trained evaluators to review the\\nefficacy of the evaluation system, provided that the plan shall be\\nconsistent with law and not in conflict with any applicable collective\\nbargaining agreement.\\n 10. Each school district and board of cooperative educational services\\nshall fully disclose and release to the public and the department the\\nfinal quality ratings and composite effectiveness scores from the annual\\nprofessional performance reviews of its teachers and principals as\\nprovided in this subdivision.\\n a. The commissioner shall fully disclose professional performance\\nreview data for teachers and principals in each school district and\\nboard of cooperative educational services on the department website and\\nin any other manner to make such data widely available to the public.\\nSuch data shall be suitable for research, analysis and comparison of\\nprofessional performance review data for teachers and principals. Such\\npublic disclosure shall include but not be limited to the final quality\\nratings and composite effectiveness scores by school district for\\nprincipal evaluation data, by school building for teacher evaluation\\ndata and, within each district and school building, by class, subject\\nand grade; final quality ratings and composite effectiveness scores by\\nregion, district wealth, district need category, student enrollment,\\ntype of school (i.e. elementary, middle and high school), student need\\n(e.g., poverty level), and district spending; final quality ratings and\\ncomposite effectiveness scores by the percentage or number of teachers\\nand principals in each final quality rating category, moving to a higher\\nrating category than the previous year, moving to a lower rating\\ncategory than the previous year, and retained in each rating category;\\nand data on tenure granting and denial based on the final quality rating\\ncategories.\\n b. Each school district and board of cooperative educational services\\nshall fully disclose and release to the parents and legal guardians of a\\nstudent the final quality rating and composite effectiveness score for\\neach of the teachers and for the principal of the school building to\\nwhich the student is assigned for the current school year upon the\\nrequest of such parents and legal guardians. The governing body of each\\nschool district and board of cooperative educational services shall\\nprovide conspicuous notice to parents and legal guardians of the right\\nto obtain such information. Parents and legal guardians may review and\\nreceive such data in any manner, including by phone or in person; shall\\nreceive an oral or written explanation of the composite effectiveness\\nscoring ranges for final quality ratings; and be offered opportunities\\nto understand such scores in the context of teacher evaluation and\\nstudent performance. Reasonable efforts shall be made to verify that any\\nsuch request is a bona fide request by a parent or guardian entitled to\\nreview and receive such data pursuant to this paragraph.\\n c. The department and each school district and board of cooperative\\neducational services shall ensure that any release to the public of\\nannual professional performance review data, or any other data that is\\nused as a component of annual professional performance reviews, does not\\ninclude personally identifying information for any teacher or principal,\\nprovided, however, that nothing shall impair the right of parents and\\nlegal guardians to review and receive the final quality rating and\\ncomposite effectiveness score of individual teachers and principals as\\nprovided in paragraph b of this subdivision. Annual professional\\nperformance reviews of individual teachers and principals shall not be\\nsubject to disclosure pursuant to article six of the public officers\\nlaw.\\n d. Nothing in this subdivision shall prohibit the department from\\ncollecting such data and materials from school districts and boards of\\ncooperative educational services as is necessary to carry out its\\nfunctions and duties, including its responsibilities related to the\\nfederal Race to the Top program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3013", "title" : "Abolition of office or position", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-02-27" ], "docLevelId" : "3013", "activeDate" : "2014-09-22", "sequenceNo" : 1052, "repealedDate" : null, "fromSection" : "3013", "toSection" : "3013", "text" : " § 3013. Abolition of office or position. 1. If a trustee, board of\\ntrustees, board of education or board of cooperative educational\\nservices abolishes an office or position and creates another office or\\nposition for the performance of duties similar to those performed in the\\noffice or position abolished, the person filling such office or position\\nat the time of its abolishment shall be appointed to the office or\\nposition thus created without reduction in salary or increment, provided\\nthe record of such person has been one of faithful, competent service in\\nthe office or position he or she has filled.\\n 2. Whenever a trustee, board of trustee, board of education or board\\nof cooperative educational services abolishes a position under this\\nchapter, the services of the teacher having the least seniority in the\\nsystem within the tenure of the position abolished shall be\\ndiscontinued.\\n 3. (a) If an office or position is abolished or if it is consolidated\\nwith another position without creating a new position, the person\\nfilling such position at the time of its abolishment or consolidation\\nshall be placed upon a preferred eligible list of candidates for\\nappointment to a vacancy that then exists or that may thereafter occur\\nin an office or position similar to the one which such person filled\\nwithout reduction in salary or increment, provided the record of such\\nperson has been one of faithful, competent service in the office or\\nposition he or she has filled. The persons on such preferred list shall\\nbe reinstated or appointed to such vacancies in such corresponding or\\nsimilar positions in the order of their length of service in the system\\nat any time within seven years from the date of abolition or\\nconsolidation of such office or position.\\n (b) The persons on such preferred list shall be reinstated, in\\naccordance with the terms of paragraph (a) of this subdivision, to such\\nsubstitute positions of five months or more in duration, as may from\\ntime to time occur without losing their preferred status on such list.\\nDeclination of such reinstatement shall not adversely affect the\\npersons' preferred eligibility status.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3014", "title" : "Tenure: boards of cooperative educational services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2019-10-11", "2020-06-05", "2021-06-11", "2021-06-18", "2022-05-20", "2024-07-05" ], "docLevelId" : "3014", "activeDate" : "2014-09-22", "sequenceNo" : 1053, "repealedDate" : null, "fromSection" : "3014", "toSection" : "3014", "text" : " § 3014. Tenure: boards of cooperative educational services. 1.\\nAdministrative assistants, supervisors, teachers and all other members\\nof the teaching and supervising staff of the board of cooperative\\neducational services shall be appointed by a majority vote of the board\\nof cooperative educational services upon the recommendation of the\\ndistrict superintendent of schools for a probationary period of not to\\nexceed three years; provided, however, that in the case of a teacher who\\nhas been appointed on tenure in a school district within the state, the\\nboard of cooperative educational services where currently employed, or\\nanother board of cooperative educational services, and who was not\\ndismissed from such district or board as a result of charges brought\\npursuant to subdivision one of section three thousand twenty-a of this\\nchapter, the probationary period shall not exceed two years. Services of\\na person so appointed to any such positions may be discontinued at any\\ntime during such probationary period, upon the recommendation of the\\ndistrict superintendent, by a majority vote of the board of cooperative\\neducational services.\\n 2. On or before the expiration of the probationary term of a person\\nappointed for such term the district superintendent of schools shall\\nmake a written report to the board of cooperative educational services\\nrecommending for appointment on tenure persons who have been found\\ncompetent, efficient and satisfactory, consistent with any applicable\\nrules of the board of regents adopted pursuant to section three thousand\\ntwelve-b of this article. Such persons shall hold their respective\\npositions during good behavior and competent and efficient service and\\nshall not be removed except for any of the following causes, after a\\nhearing, as provided by section three thousand twenty-a of such law: (a)\\nInsubordination, immoral character or conduct unbecoming a teacher; (b)\\nInefficiency, incompetency, physical or mental disability or neglect of\\nduty; (c) Failure to maintain certification as required by this chapter\\nand by the regulations of the commissioner. Each person who is not to be\\nso recommended for appointment on tenure shall be so notified in writing\\nby the district superintendent not later than sixty days immediately\\npreceding the expiration of his probationary period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3014-A", "title" : "Teachers' rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3014-A", "activeDate" : "2014-09-22", "sequenceNo" : 1054, "repealedDate" : null, "fromSection" : "3014-A", "toSection" : "3014-A", "text" : " § 3014-a. Teachers' rights as a result of a board or boards of\\ncooperative educational services taking over a program formerly operated\\nby a school district or districts or by a county vocational education\\nand extension board. 1. In any case in which a board or boards of\\ncooperative educational services duly take over the operation of a\\nprogram formerly provided by a school district or school districts or by\\na county vocational education and extension board, each teacher,\\nteaching assistant and teacher aide employed in such a program by such a\\nschool district or such a county vocational education and extension\\nboard at the time of such takeover by the board or boards of cooperative\\neducational services, shall be considered an employee of such board or\\nboards of cooperative educational services with the same tenure or civil\\nservice status he maintained in such school district or in such county\\nvocational education and extension board.\\n 2. If the number of teaching positions needed to provide the services\\nrequired by such program by the board or boards of cooperative\\neducational services is less than the number of teachers, teaching\\nassistants and teacher aides eligible to be considered employees of such\\nboard or boards of cooperative educational services as provided by\\nsubdivision one of this section, the services of the teachers, teaching\\nassistants and teacher aides having the least seniority in the school\\ndistrict or school districts or county vocational education and\\nextension board whose programs are taken over by the board or boards of\\ncooperative educational services within the tenure area or civil service\\ntitle of the position shall be discontinued. Such teachers, teaching\\nassistants and teacher aides shall be placed on a preferred eligible\\nlist of candidates for appointment to a vacancy that may thereafter\\noccur in an office or position under the jurisdiction of the board or\\nboards of cooperative educational services similar to the one such\\nteacher, teaching assistant and teacher aide filled in such school\\ndistrict or school districts or such county vocational education and\\nextension board. The teachers, teaching assistants and teacher aides on\\nsuch preferred list shall be reinstated or appointed to such vacancies\\nin such corresponding or similar positions under the jurisdiction of the\\nboard or boards of cooperative educational services in the order of\\ntheir length of service in such school district or school districts or\\nin such county vocational education and extension board, within seven\\nyears from the date of the abolition of such office or position.\\n 3. For any such teacher, teaching assistant and teacher aide as set\\nforth in subdivision one of this section for salary, sick leave and any\\nother purposes, the length of service credited in such school district\\nor in such county vocational education and extension board shall be\\ncredited as employment time with such board or boards of cooperative\\neducational services.\\n 4. This section shall in no way be construed to limit the rights of\\nany of such employees set forth in this section granted by any other\\nprovision of law.\\n 5. Program takeovers pursuant to this section shall be considered a\\ntransfer pursuant to section seventy of the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3014-B", "title" : "Teachers' rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3014-B", "activeDate" : "2014-09-22", "sequenceNo" : 1055, "repealedDate" : null, "fromSection" : "3014-B", "toSection" : "3014-B", "text" : " § 3014-b. Teachers' rights as a result of a school district taking\\nover a program formerly operated by a board of cooperative educational\\nservices. 1. In any case in which a school district duly takes over the\\noperation of a program formerly provided by a board of cooperative\\neducational services, each teacher, teaching assistant and teacher aide\\nemployed in such a program by such a board of cooperative educational\\nservices at the time of such takeover by the school district shall be\\nconsidered an employee of such school district, with the same tenure or\\ncivil service status he maintained in such board of cooperative\\neducational services.\\n 2. If the number of teaching positions needed to provide the services\\nrequired by such program by the school district is less than the number\\nof teachers, teaching assistants and teacher aides eligible to be\\nconsidered employees of such school district as provided by subdivision\\none of this section, the services of the teachers, teaching assistants\\nand teacher aides having the least seniority in the board of cooperative\\neducational services whose programs are taken over by the school\\ndistrict within the tenure area or civil service title of the position\\nshall be discontinued. Such teachers, teaching assistants and teacher\\naides shall be placed on a preferred eligible list of candidates for\\nappointment to a vacancy that may thereafter occur in an office or\\nposition under the jurisdiction of the school district similar to the\\none such teacher, teaching assistant and teacher aide filled in such\\nboard of cooperative educational services. The teachers, teaching\\nassistants and teacher aides on such preferred list shall be reinstated\\nor appointed to such vacancies in such corresponding or similar\\npositions under the jurisdiction of the school district in the order of\\ntheir length of service in such board of cooperative educational\\nservices, within seven years from the date of the abolition of such\\noffice or position.\\n 3. For any such teacher, teaching assistant and teacher aide as set\\nforth in subdivision one of this section for salary, sick leave and any\\nother purposes, the length of service credited in such board of\\ncooperative educational services shall be credited as employment time\\nwith such school district.\\n 4. In the event that more than one school district duly takes over the\\noperation of a program formerly provided by a board of cooperative\\neducational services, then each teacher, teaching assistant and teacher\\naide employed in such program by such board of cooperative educational\\nservices at the time of such takeover by more than one school district,\\nshall select the particular school district in which he shall be\\nconsidered an employee, with all of the rights and privileges provided\\nby the other provisions of this section. Such selection of the\\nparticular school district by such teacher, teaching assistant and\\nteacher aide is to be based upon the seniority of each teacher, teaching\\nassistant and teacher aide in such board of cooperative educational\\nservices, with the right of selection passing from such teachers,\\nteaching assistants and teacher aides with the most seniority to such\\nteachers, teaching assistants and teacher aides with least seniority.\\nAny such teacher, teaching assistant and teacher aide who is unable to\\nobtain a teaching position in any such school districts because the\\nnumber of positions needed to provide the services required in such\\nprograms with such school districts are less than the number of\\nteachers, teaching assistants and teachers aides eligible to be\\nconsidered employees of such school districts, shall be placed on a\\npreferred eligible list in all such school districts in the method and\\nwith all of the rights provided by the other provisions of this section.\\n 5. This section shall in no way be construed to limit the rights of\\nany of such employees set forth in this section granted by any other\\nprovision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3014-C", "title" : "Teachers' rights as a result of a school district taking back tuition students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3014-C", "activeDate" : "2014-09-22", "sequenceNo" : 1056, "repealedDate" : null, "fromSection" : "3014-C", "toSection" : "3014-C", "text" : " § 3014-c. Teachers' rights as a result of a school district taking\\nback tuition students. 1. As used in this section, a \"sending district\"\\nshall mean a school district which previously sent students to another\\nschool district on a tuition basis pursuant to section two thousand\\nforty of this chapter, and a \"receiving district\" shall mean a school\\ndistrict which provided the educational program for students from\\nanother district on a tuition basis pursuant to section two thousand\\nforty of this chapter.\\n 2. In any case in which a sending district assumes the education of\\nstudents formerly provided by a receiving district, each teacher\\nemployed in the education of such students by such receiving district at\\nthe time of such take back by the sending district shall be considered\\nan employee of such sending district, with the same tenure status he\\nmaintained in such receiving district.\\n 3. If the number of teaching positions needed to provide the\\neducational services required by such sending district is less than the\\nnumber of teachers eligible to be considered employees of such sending\\ndistrict as provided by subdivision two of this section, the services of\\nthe teachers having the least seniority in the receiving district whose\\nstudents are taken back by the sending district within the tenure area\\nof the position shall be discontinued. Such teachers shall be placed on\\na preferred eligible list of candidates for appointment to a vacancy\\nthat may thereafter occur in an office or position under the\\njurisdiction of the sending district and the receiving district similar\\nto the one such teacher filled in such receiving district. The teachers\\non such preferred list shall be reinstated or appointed to such\\nvacancies in such corresponding or similar positions under the\\njurisdiction of the sending district or the receiving district in the\\norder of their length of service in such receiving district, within\\nseven years from the date of the abolition of such office or position.\\n 4. For any such teacher as described in subdivision two of this\\nsection for salary, sick leave and any other purposes, the length of\\nservice credited in such receiving district shall be credited as\\nemployment time with such sending district.\\n 5. In the event that more than one sending district assumes the\\neducation of students formerly provided by a receiving district, then\\neach teacher employed in the education of such students in such\\nreceiving district at the time of such take back by more than one\\nsending district, shall select the particular sending district in which\\nhe shall be considered an employee, with all of the rights and\\nprivileges provided by the other provisions of this section. Such\\nselection of the particular sending district by such teacher is to be\\nbased upon each teacher's seniority in such receiving district, with the\\nright of selection passing from such teachers with the most seniority to\\nsuch teachers with least seniority. Any such teacher who is unable to\\nobtain a teaching position in any such sending district because the\\nnumber of positions needed to provide the services required with such\\nsending district are less than the number of teachers eligible to be\\nconsidered employees of such sending districts, shall be placed on a\\npreferred eligible list in all such sending districts in the method and\\nwith all of the rights provided by the other provisions of this section.\\n 6. This section shall in no way be construed to limit the rights of\\nany of such teachers described in this section granted by any other\\nprovision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3014-D", "title" : "Teachers' rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3014-D", "activeDate" : "2014-09-22", "sequenceNo" : 1057, "repealedDate" : null, "fromSection" : "3014-D", "toSection" : "3014-D", "text" : " § 3014-d. Teachers' rights as a result of a school district sending\\nstudents to another district on a tuition basis pursuant to section two\\nthousand forty of this chapter. 1. As used in this section, a \"sending\\ndistrict\" shall mean a school district which sends students to another\\nschool district on a tuition basis pursuant to section two thousand\\nforty of this chapter, and a \"receiving district\" shall mean a school\\ndistrict which receives and provides the educational program for\\nstudents from another district on a tuition basis pursuant to section\\ntwo thousand forty of this chapter.\\n 2. In any case in which a sending district sends such students to a\\nreceiving district, each teacher previously employed in the education of\\nstudents by such sending district prior to the time that such sending\\ndistrict sends its students to a receiving district shall be considered\\nan employee of such receiving district, with the same tenure status he\\nmaintained in such sending district.\\n 3. If the number of teaching positions needed to provide the\\neducational services required by such receiving district is less than\\nthe number of teachers eligible to be considered employees of such\\nreceiving district as provided by subdivision two of this section, the\\nservices of the teachers having the least seniority in the sending\\ndistrict within the tenure area of the position shall be discontinued.\\nSuch teachers shall be placed on a preferred eligible list of candidates\\nfor appointment to a vacancy that may thereafter occur in an office or\\nposition under the jurisdiction of the sending district and the\\nreceiving district similar to the one such teacher filled in such\\nsending district. The teachers on such preferred list shall be\\nreinstated or appointed to such vacancies in such corresponding or\\nsimilar positions under the jurisdiction of the sending district or the\\nreceiving district in the order of their length of service in such\\nsending district, within seven years from the date of the abolition of\\nsuch office or position.\\n 4. For any such teacher as described in subdivision two of this\\nsection for salary, sick leave and any other purposes, the length of\\nservice credited in such sending district shall be credited as\\nemployment time with such receiving district.\\n 5. This section shall in no way be construed to limit the rights of\\nany of such teachers described in this section granted by any other\\nprovision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3015", "title" : "Teacher's salary when payable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3015", "activeDate" : "2014-09-22", "sequenceNo" : 1058, "repealedDate" : null, "fromSection" : "3015", "toSection" : "3015", "text" : " § 3015. Teacher's salary when payable. 1. In school districts\\nemploying fewer than eight teachers, the salary of any teacher so\\nemployed shall be due and payable at least as often as once each\\ncalendar month of the term of employment.\\n 2. In school districts employing eight or more teachers, the salary of\\na teacher employed for a full school year shall be due and payable\\nwithin such school year in not less than ten installments. If a teacher\\nis employed in any such district after July first in any school year,\\nthe amount of the salary that the school authorities agree at the time\\nof employment to pay such teacher for the balance of that school year\\nshall be due and payable within the school year at least as often as\\nonce each calendar month that he is so employed. Nothing contained in\\nthis subdivision shall be construed to alter the provisions of sections\\ntwenty-five hundred nine, twenty-five hundred seventy-three, three\\nthousand twelve, and three thousand thirteen of this chapter.\\n 3. Nothing contained in this section shall be construed to authorize\\npayment in advance of rendering service to the school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3016", "title" : "Contract when teacher is related to trustee or member of board of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3016", "activeDate" : "2014-09-22", "sequenceNo" : 1059, "repealedDate" : null, "fromSection" : "3016", "toSection" : "3016", "text" : " § 3016. Contract when teacher is related to trustee or member of\\nboard of education. 1. No person who is related to any trustee of a\\ncommon school district by blood or marriage shall be employed in such\\ndistrict as a teacher, except with the approval of two-thirds of the\\nvoters of such district present and voting upon the question at an\\nannual or special meeting of the district.\\n 2. No person who is related by blood or marriage to any member of a\\nboard of education shall be employed as a teacher by such board, except\\nupon the consent of two-thirds of the members thereof to be determined\\nat a board meeting and to be entered upon the proceedings of the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3017", "title" : "Individual liability of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3017", "activeDate" : "2014-09-22", "sequenceNo" : 1060, "repealedDate" : null, "fromSection" : "3017", "toSection" : "3017", "text" : " § 3017. Individual liability of trustees. Any person employed in\\ndisregard of section three thousand eleven or of section three thousand\\nsixteen shall have no claim for wages against the district, but may\\nenforce the specific contract made against the trustees or board of\\neducation consenting to such employment as individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3018", "title" : "Revocation of certificate by district superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3018", "activeDate" : "2014-09-22", "sequenceNo" : 1061, "repealedDate" : null, "fromSection" : "3018", "toSection" : "3018", "text" : " § 3018. Revocation of certificate by district superintendent. A\\ndistrict superintendent shall examine any charge affecting the moral\\ncharacter of any teacher within his district, first giving such teacher\\nreasonable notice of the charge, and an opportunity to defend himself\\ntherefrom; and if he find the charge sustained, he shall annul the\\nteacher's certificate, by whomsoever granted, and declare him unfit to\\nteach; and if the teacher holds a certificate of the commissioner of\\neducation or of a former superintendent of public instruction or a\\ndiploma of a state college for teachers or state teachers college, he\\nshall notify the commissioner of education forthwith of such annulment\\nand declaration.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3019", "title" : "Penalty for teacher's failure to complete contract", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3019", "activeDate" : "2014-09-22", "sequenceNo" : 1062, "repealedDate" : null, "fromSection" : "3019", "toSection" : "3019", "text" : " § 3019. Penalty for teacher's failure to complete contract. Any\\nfailure on the part of a teacher to complete an agreement to teach a\\nterm of school without good reason therefor shall be deemed sufficient\\nground for the revocation of the teacher's certificate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3019-A", "title" : "Notice of termination of service by teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3019-A", "activeDate" : "2014-09-22", "sequenceNo" : 1063, "repealedDate" : null, "fromSection" : "3019-A", "toSection" : "3019-A", "text" : " § 3019-a. Notice of termination of service by teachers. A teacher who\\ndesires to terminate his services to a school district at any time,\\nshall file a written notice thereof with the school authorities of such\\nschool district or with the board of cooperative educational services or\\ncounty vocational education and extension board at least thirty days\\nprior to the date of such termination of services. School authorities\\nor such boards which desire to terminate the services of a teacher\\nduring the probationary period shall give a written notice thereof to\\nsuch teacher at least thirty days prior to the effective date of such\\ntermination of services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3020", "title" : "Discipline of teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2024-07-05" ], "docLevelId" : "3020", "activeDate" : "2014-09-22", "sequenceNo" : 1064, "repealedDate" : null, "fromSection" : "3020", "toSection" : "3020", "text" : " § 3020. Discipline of teachers. 1. No person enjoying the benefits of\\ntenure shall be disciplined or removed during a term of employment\\nexcept for just cause and in accordance with the procedures specified in\\nsection three thousand twenty-a of this article or in accordance with\\nalternate disciplinary procedures contained in a collective bargaining\\nagreement covering his or her terms and conditions of employment that\\nwas effective on or before September first, nineteen hundred ninety-four\\nand has been unaltered by renegotiation, or in accordance with\\nalternative disciplinary procedures contained in a collective bargaining\\nagreement covering his or her terms and conditions of employment that\\nbecomes effective on or after September first, nineteen hundred\\nninety-four; provided, however, that any such alternate disciplinary\\nprocedures contained in a collective bargaining agreement that becomes\\neffective on or after September first, nineteen hundred ninety-four,\\nmust provide for the written election by the employee of either the\\nprocedures specified in such section three thousand twenty-a or the\\nalternative disciplinary procedures contained in the collective\\nbargaining agreement and must result in a disposition of the\\ndisciplinary charge within the amount of time allowed therefor under\\nsuch section three thousand twenty-a; and provided further that any\\nalternate disciplinary procedures contained in a collective bargaining\\nagreement that becomes effective on or after July first, two thousand\\nten shall provide for an expedited hearing process before a single\\nhearing officer in accordance with subparagraph (i-a) of paragraph c of\\nsubdivision three of section three thousand twenty-a of this article in\\ncases in which charges of incompetence are brought based solely upon an\\nallegation of a pattern of ineffective teaching or performance as\\ndefined in section three thousand twelve-c of this article and shall\\nprovide that such a pattern of ineffective teaching or performance shall\\nconstitute very significant evidence of incompetence which may form the\\nbasis for just cause removal.\\n 2. No person enjoying the benefits of tenure shall be suspended for a\\nfixed time without pay or dismissed due to a violation of article\\nthirteen-E of the public health law.\\n 3. Notwithstanding any inconsistent provision of law, the procedures\\nset forth in section three thousand twenty-a of this article and\\nsubdivision seven of section twenty-five hundred ninety-j of this\\nchapter may be modified or replaced by agreements negotiated between the\\ncity school district of the city of New York and any employee\\norganization representing employees or titles that are or were covered\\nby any memorandum of agreement executed by such city school district and\\nthe council of supervisors and administrators of the city of New York on\\nor after December first, nineteen hundred ninety-nine. Where such\\nprocedures are so modified or replaced: (i) compliance with such\\nmodification or replacement procedures shall satisfy any provision in\\nthis chapter that requires compliance with section three thousand\\ntwenty-a, (ii) any employee against whom charges have been preferred\\nprior to the effective date of such modification or replacement shall\\ncontinue to be subject to the provisions of such section as in effect on\\nthe date such charges were preferred, (iii) the provisions of\\nsubdivisions one and two of this section shall not apply to agreements\\nnegotiated pursuant to this subdivision, and (iv) in accordance with\\nparagraph (e) of subdivision one of section two hundred nine-a of the\\ncivil service law, such modification or replacement procedures contained\\nin an agreement negotiated pursuant to this subdivision shall continue\\nas terms of such agreement after its expiration until a new agreement is\\nnegotiated; provided that any alternate disciplinary procedures\\ncontained in a collective bargaining agreement that becomes effective on\\nor after July first, two thousand ten shall provide for an expedited\\nhearing process before a single hearing officer in accordance with\\nsubparagraph (i-a) of paragraph c of subdivision three of section three\\nthousand twenty-a of this article in cases in which charges of\\nincompetence are brought against a building principal based solely upon\\nan allegation of a pattern of ineffective teaching or performance as\\ndefined in section three thousand twelve-c of this article and shall\\nprovide that such a pattern of ineffective teaching or performance shall\\nconstitute very significant evidence of incompetence which may form the\\nbasis for just cause removal of the building principal. Notwithstanding\\nany inconsistent provision of law, the commissioner shall review any\\nappeals authorized by such modification or replacement procedures within\\nfifteen days from receipt by such commissioner of the record of prior\\nproceedings in the matter subject to appeal. Such review shall have\\npreference over all other appeals or proceedings pending before such\\ncommissioner.\\n 4. a. Notwithstanding any inconsistent provision of law, the\\nprocedures set forth in section three thousand twenty-a of this article\\nand subdivision seven of section twenty-five hundred ninety-j of this\\nchapter may be modified by agreements negotiated between the city school\\ndistrict of the city of New York and any employee organization\\nrepresenting employees or titles that are or were covered by any\\nmemorandum of agreement executed by such city school district and the\\nunited federation of teachers on or after June tenth, two thousand two.\\nWhere such procedures are so modified: (i) compliance with such modified\\nprocedures shall satisfy any provision of this chapter that requires\\ncompliance with section three thousand twenty-a of this article; (ii)\\nany employee against whom charges have been preferred prior to the\\neffective date of such modification shall continue to be subject to the\\nprovisions of such section as in effect on the date such charges were\\npreferred; (iii) the provisions of subdivisions one and two of this\\nsection shall not apply to agreements negotiated pursuant to this\\nsubdivision, except that no person enjoying the benefits of tenure shall\\nbe disciplined or removed during a term of employment except for just\\ncause; and (iv) in accordance with paragraph (e) of subdivision one of\\nsection two hundred nine-a of the civil service law, such modified\\nprocedures contained in an agreement negotiated pursuant to this\\nsubdivision shall continue as terms of such agreement after its\\nexpiration until a new agreement is negotiated; and provided further\\nthat any alternate disciplinary procedures contained in a collective\\nbargaining agreement that becomes effective on or after July first, two\\nthousand ten shall provide for an expedited hearing process before a\\nsingle hearing officer in accordance with subparagraph (i-a) of\\nparagraph c of subdivision three of section three thousand twenty-a of\\nthis article in cases in which charges of incompetence are brought based\\nsolely upon an allegation of a pattern of ineffective teaching or\\nperformance as defined in section three thousand twelve-c of this\\narticle and shall provide that such a pattern of ineffective teaching or\\nperformance shall constitute very significant evidence of incompetence\\nwhich may form the basis for just cause removal.\\n b. Any modifications to the procedures set forth in section three\\nthousand twenty-a of this article and subdivision seven of section\\ntwenty-five hundred ninety-j of this chapter shall not change the manner\\nin which the fees and expenses of such proceedings pursuant to the\\naforesaid sections are paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3020-A", "title" : "Disciplinary procedures and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03" ], "docLevelId" : "3020-A", "activeDate" : "2014-09-22", "sequenceNo" : 1065, "repealedDate" : null, "fromSection" : "3020-A", "toSection" : "3020-A", "text" : " § 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.\\nAll charges against a person enjoying the benefits of tenure as provided\\nin subdivision three of section eleven hundred two, and sections\\ntwenty-five hundred nine, twenty-five hundred seventy-three, twenty-five\\nhundred ninety-j, three thousand twelve and three thousand fourteen of\\nthis chapter shall be in writing and filed with the clerk or secretary\\nof the school district or employing board during the period between the\\nactual opening and closing of the school year for which the employed is\\nnormally required to serve. Except as provided in subdivision eight of\\nsection twenty-five hundred seventy-three and subdivision seven of\\nsection twenty-five hundred ninety-j of this chapter, no charges under\\nthis section shall be brought more than three years after the occurrence\\nof the alleged incompetency or misconduct, except when the charge is of\\nmisconduct constituting a crime when committed.\\n 2. Disposition of charges. a. Upon receipt of the charges, the clerk\\nor secretary of the school district or employing board shall immediately\\nnotify said board thereof. Within five days after receipt of charges,\\nthe employing board, in executive session, shall determine, by a vote of\\na majority of all the members of such board, whether probable cause\\nexists to bring a disciplinary proceeding against an employee pursuant\\nto this section. If such determination is affirmative, a written\\nstatement specifying (i) the charges in detail, (ii) the maximum penalty\\nwhich will be imposed by the board if the employee does not request a\\nhearing or that will be sought by the board if the employee is found\\nguilty of the charges after a hearing and (iii) the employee's rights\\nunder this section, shall be immediately forwarded to the accused\\nemployee by certified or registered mail, return receipt requested or by\\npersonal delivery to the employee.\\n b. The employee may be suspended pending a hearing on the charges and\\nthe final determination thereof. The suspension shall be with pay,\\nexcept the employee may be suspended without pay if the employee has\\nentered a guilty plea to or has been convicted of a felony crime\\nconcerning the criminal sale or possession of a controlled substance, a\\nprecursor of a controlled substance, or drug paraphernalia as defined in\\narticle two hundred twenty or two hundred twenty-one of the penal law;\\nor a felony crime involving the physical abuse of a minor or student.\\nThe employee shall be terminated without a hearing, as provided for in\\nthis section, upon conviction of a sex offense, as defined in\\nsubparagraph two of paragraph b of subdivision seven-a of section three\\nhundred five of this chapter. To the extent this section applies to an\\nemployee acting as a school administrator or supervisor, as defined in\\nsubparagraph three of paragraph b of subdivision seven-b of section\\nthree hundred five of this chapter, such employee shall be terminated\\nwithout a hearing, as provided for in this section, upon conviction of a\\nfelony offense defined in subparagraph two of paragraph b of subdivision\\nseven-b of section three hundred five of this chapter.\\n c. Within ten days of receipt of the statement of charges, the\\nemployee shall notify the clerk or secretary of the employing board in\\nwriting whether he or she desires a hearing on the charges and when the\\ncharges concern pedagogical incompetence or issues involving pedagogical\\njudgment, his or her choice of either a single hearing officer or a\\nthree member panel, provided that a three member panel shall not be\\navailable where the charges concern pedagogical incompetence based\\nsolely upon a teacher's or principal's pattern of ineffective teaching\\nor performance as defined in section three thousand twelve-c of this\\narticle. All other charges shall be heard by a single hearing officer.\\n d. The unexcused failure of the employee to notify the clerk or\\nsecretary of his or her desire for a hearing within ten days of the\\nreceipt of charges shall be deemed a waiver of the right to a hearing.\\nWhere an employee requests a hearing in the manner provided for by this\\nsection, the clerk or secretary of the board shall, within three working\\ndays of receipt of the employee's notice or request for a hearing,\\nnotify the commissioner of the need for a hearing. If the employee\\nwaives his or her right to a hearing the employing board shall proceed,\\nwithin fifteen days, by a vote of a majority of all members of such\\nboard, to determine the case and fix the penalty, if any, to be imposed\\nin accordance with subdivision four of this section.\\n 3. Hearings. a. Notice of hearing. Upon receipt of a request for a\\nhearing in accordance with subdivision two of this section, the\\ncommissioner shall forthwith notify the American Arbitration Association\\n(hereinafter \"association\") of the need for a hearing and shall request\\nthe association to provide to the commissioner forthwith a list of names\\nof persons chosen by the association from the association's panel of\\nlabor arbitrators to potentially serve as hearing officers together with\\nrelevant biographical information on each arbitrator. Upon receipt of\\nsaid list and biographical information, the commissioner shall forthwith\\nsend a copy of both simultaneously to the employing board and the\\nemployee. The commissioner shall also simultaneously notify both the\\nemploying board and the employee of each potential hearing officer's\\nrecord in the last five cases of commencing and completing hearings\\nwithin the time periods prescribed in this section.\\n b. (i) Hearing officers. All hearings pursuant to this section shall\\nbe conducted before and by a single hearing officer selected as provided\\nfor in this section. A hearing officer shall not be eligible to serve in\\nsuch position if he or she is a resident of the school district, other\\nthan the city of New York, under the jurisdiction of the employing\\nboard, an employee, agent or representative of the employing board or of\\nany labor organization representing employees of such employing board,\\nhas served as such agent or representative within two years of the date\\nof the scheduled hearing, or if he or she is then serving as a mediator\\nor fact finder in the same school district.\\n (A) Notwithstanding any other provision of law, for hearings commenced\\nby the filing of charges prior to April first, two thousand twelve, the\\nhearing officer shall be compensated by the department with the\\ncustomary fee paid for service as an arbitrator under the auspices of\\nthe association for each day of actual service plus necessary travel and\\nother reasonable expenses incurred in the performance of his or her\\nduties. All other expenses of the disciplinary proceedings commenced by\\nthe filing of charges prior to April first, two thousand twelve shall be\\npaid in accordance with rules promulgated by the commissioner. Claims\\nfor such compensation for days of actual service and reimbursement for\\nnecessary travel and other expenses for hearings commenced by the filing\\nof charges prior to April first, two thousand twelve shall be paid from\\nan appropriation for such purpose in the order in which they have been\\napproved by the commissioner for payment, provided payment shall first\\nbe made for any other hearing costs payable by the commissioner,\\nincluding the costs of transcribing the record, and provided further\\nthat no such claim shall be set aside for insufficiency of funds to make\\na complete payment, but shall be eligible for a partial payment in one\\nyear and shall retain its priority date status for appropriations\\ndesignated for such purpose in future years.\\n (B) Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, for hearings commenced by the filing of charges on or\\nafter April first, two thousand twelve, the hearing officer shall be\\ncompensated by the department for each day of actual service plus\\nnecessary travel and other reasonable expenses incurred in the\\nperformance of his or her duties, provided that the commissioner shall\\nestablish a schedule for maximum rates of compensation of hearing\\nofficers based on customary and reasonable fees for service as an\\narbitrator and provide for limitations on the number of study hours that\\nmay be claimed.\\n (ii) The commissioner shall mail to the employing board and the\\nemployee the list of potential hearing officers and biographies provided\\nto the commissioner by the association, the employing board and the\\nemployee, individually or through their agents or representatives, shall\\nby mutual agreement select a hearing officer from said list to conduct\\nthe hearing and shall notify the commissioner of their selection.\\n (iii) Within fifteen days after receiving the list of potential\\nhearing officers as described in subparagraph (ii) of this paragraph,\\nthe employing board and the employee shall each notify the commissioner\\nof their agreed upon hearing officer selection. If the employing board\\nand the employee fail to agree on an arbitrator to serve as a hearing\\nofficer from the list of potential hearing officers, or fail to notify\\nthe commissioner of a selection within such fifteen day time period, the\\ncommissioner shall appoint a hearing officer from the list. The\\nprovisions of this subparagraph shall not apply in cities with a\\npopulation of one million or more with alternative procedures specified\\nin section three thousand twenty of this article.\\n (iv) In those cases in which the employee elects to have the charges\\nheard by a hearing panel, the hearing panel shall consist of the hearing\\nofficer, selected in accordance with this subdivision, and two\\nadditional persons, one selected by the employee and one selected by the\\nemploying board, from a list maintained for such purpose by the\\ncommissioner. The list shall be composed of professional personnel with\\nadministrative or supervisory responsibility, professional personnel\\nwithout administrative or supervisory responsibility, chief school\\nadministrators, members of employing boards and others selected from\\nlists of nominees submitted to the commissioner by statewide\\norganizations representing teachers, school administrators and\\nsupervisors and the employing boards. Hearing panel members other than\\nthe hearing officer shall be compensated by the department at the rate\\nof one hundred dollars for each day of actual service plus necessary\\ntravel and subsistence expenses. The hearing officer shall be\\ncompensated as set forth in this subdivision. The hearing officer shall\\nbe the chairperson of the hearing panel.\\n c. Hearing procedures. (i) (A) The commissioner shall have the power\\nto establish necessary rules and procedures for the conduct of hearings\\nunder this section.\\n (B) The department shall be authorized to monitor and investigate a\\nhearing officer's compliance with statutory timelines pursuant to this\\nsection. The commissioner shall annually inform all hearing officers who\\nhave heard cases pursuant to this section during the preceding year that\\nthe time periods prescribed in this section for conducting such hearings\\nare to be strictly followed. A record of continued failure to commence\\nand complete hearings within the time periods prescribed in this section\\nshall be considered grounds for the commissioner to exclude such\\nindividual from the list of potential hearing officers sent to the\\nemploying board and the employee for such hearings.\\n (C) Such rules shall not require compliance with technical rules of\\nevidence. Hearings shall be conducted by the hearing officer selected\\npursuant to paragraph b of this subdivision with full and fair\\ndisclosure of the nature of the case and evidence against the employee\\nby the employing board and shall be public or private at the discretion\\nof the employee. The employee shall have a reasonable opportunity to\\ndefend himself or herself and an opportunity to testify in his or her\\nown behalf. The employee shall not be required to testify. Each party\\nshall have the right to be represented by counsel, to subpoena\\nwitnesses, and to cross-examine witnesses. All testimony taken shall be\\nunder oath which the hearing officer is hereby authorized to administer.\\n (D) An accurate record of the proceedings shall be kept at the expense\\nof the department at each such hearing in accordance with the\\nregulations of the commissioner. A copy of the record of the hearings\\nshall, upon request, be furnished without charge to the employee and the\\nboard of education involved. The department shall be authorized to\\nutilize any new technology or such other appropriate means to transcribe\\nor record such hearings in an accurate, reliable, efficient and\\ncost-effective manner without any charge to the employee or board of\\neducation involved.\\n (i-a)(A) Where charges of incompetence are brought based solely upon a\\npattern of ineffective teaching or performance of a classroom teacher or\\nprincipal, as defined in section three thousand twelve-c of this\\narticle, the hearing shall be conducted before and by a single hearing\\nofficer in an expedited hearing, which shall commence within seven days\\nafter the pre-hearing conference and shall be completed within sixty\\ndays after the pre-hearing conference. The hearing officer shall\\nestablish a hearing schedule at the pre-hearing conference to ensure\\nthat the expedited hearing is completed within the required timeframes\\nand to ensure an equitable distribution of days between the employing\\nboard and the charged employee. Notwithstanding any other law, rule or\\nregulation to the contrary, no adjournments may be granted that would\\nextend the hearing beyond such sixty days, except as authorized in this\\nsubparagraph. A hearing officer, upon request, may grant a limited and\\ntime specific adjournment that would extend the hearing beyond such\\nsixty days if the hearing officer determines that the delay is\\nattributable to a circumstance or occurrence substantially beyond the\\ncontrol of the requesting party and an injustice would result if the\\nadjournment were not granted.\\n (B) Such charges shall allege that the employing board has developed\\nand substantially implemented a teacher or principal improvement plan in\\naccordance with subdivision four of section three thousand twelve-c of\\nthis article for the employee following the first evaluation in which\\nthe employee was rated ineffective, and the immediately preceding\\nevaluation if the employee was rated developing. Notwithstanding any\\nother provision of law to the contrary, a pattern of ineffective\\nteaching or performance as defined in section three thousand twelve-c of\\nthis article shall constitute very significant evidence of incompetence\\nfor purposes of this section. Nothing in this subparagraph shall be\\nconstrued to limit the defenses which the employee may place before the\\nhearing officer in challenging the allegation of a pattern of\\nineffective teaching or performance.\\n (C) The commissioner shall annually inform all hearing officers who\\nhave heard cases pursuant to this section during the preceding year that\\nthe time periods prescribed in this subparagraph for conducting\\nexpedited hearings are to be strictly followed. A record of continued\\nfailure to commence and complete expedited hearings within the time\\nperiods prescribed in this subparagraph shall be considered grounds for\\nthe commissioner to exclude such individual from the list of potential\\nhearing officers sent to the employing board and the employee for such\\nexpedited hearings.\\n (ii) The hearing officer selected to conduct a hearing under this\\nsection shall, within ten to fifteen days of agreeing to serve in such\\nposition, hold a pre-hearing conference which shall be held in the\\nschool district or county seat of the county, or any county, wherein the\\nemploying school board is located. The pre-hearing conference shall be\\nlimited in length to one day except that the hearing officer, in his or\\nher discretion, may allow one additional day for good cause shown.\\n (iii) At the pre-hearing conference the hearing officer shall have the\\npower to:\\n (A) issue subpoenas;\\n (B) hear and decide all motions, including but not limited to motions\\nto dismiss the charges;\\n (C) hear and decide all applications for bills of particular or\\nrequests for production of materials or information, including, but not\\nlimited to, any witness statement (or statements), investigatory\\nstatement (or statements) or note (notes), exculpatory evidence or any\\nother evidence, including district or student records, relevant and\\nmaterial to the employee's defense.\\n (iv) Any pre-hearing motion or application relative to the sufficiency\\nof the charges, application or amendment thereof, or any preliminary\\nmatters shall be made upon written notice to the hearing officer and the\\nadverse party no less than five days prior to the date of the\\npre-hearing conference. Any pre-hearing motions or applications not made\\nas provided for herein shall be deemed waived except for good cause as\\ndetermined by the hearing officer.\\n (v) In the event that at the pre-hearing conference the employing\\nboard presents evidence that the professional license of the employee\\nhas been revoked and all judicial and administrative remedies have been\\nexhausted or foreclosed, the hearing officer shall schedule the date,\\ntime and place for an expedited hearing, which hearing shall commence\\nnot more than seven days after the pre-hearing conference and which\\nshall be limited to one day. The expedited hearing shall be held in the\\nlocal school district or county seat of the county or any county,\\nwherein the said employing board is located. The expedited hearing shall\\nnot be postponed except upon the request of a party and then only for\\ngood cause as determined by the hearing officer. At such hearing, each\\nparty shall have equal time in which to present its case.\\n (vi) During the pre-hearing conference, the hearing officer shall\\ndetermine the reasonable amount of time necessary for a final hearing on\\nthe charge or charges and shall schedule the location, time(s) and\\ndate(s) for the final hearing. The final hearing shall be held in the\\nlocal school district or county seat of the county, or any county,\\nwherein the said employing school board is located. In the event that\\nthe hearing officer determines that the nature of the case requires the\\nfinal hearing to last more than one day, the days that are scheduled for\\nthe final hearing shall be consecutive. The day or days scheduled for\\nthe final hearing shall not be postponed except upon the request of a\\nparty and then only for good cause shown as determined by the hearing\\nofficer. In all cases, the final hearing shall be completed no later\\nthan sixty days after the pre-hearing conference unless the hearing\\nofficer determines that extraordinary circumstances warrant a limited\\nextension.\\n (vii) All evidence shall be submitted by all parties within one\\nhundred twenty-five days of the filing of charges and no additional\\nevidence shall be accepted after such time, absent extraordinary\\ncircumstances beyond the control of the parties.\\n d. Limitation on claims. Notwithstanding any other provision of law,\\nrule or regulation to the contrary, no payments shall be made by the\\ndepartment pursuant to this subdivision on or after April first, two\\nthousand twelve for: (i) compensation of a hearing officer or hearing\\npanel member, (ii) reimbursement of such hearing officers or panel\\nmembers for necessary travel or other expenses incurred by them, or\\n(iii) for other hearing expenses on a claim submitted later than one\\nyear after the final disposition of the hearing by any means, including\\nsettlement, or within ninety days after the effective date of this\\nparagraph, whichever is later; provided that no payment shall be barred\\nor reduced where such payment is required as a result of a court order\\nor judgment or a final audit.\\n 4. Post hearing procedures. a. The hearing officer shall render a\\nwritten decision within thirty days of the last day of the final\\nhearing, or in the case of an expedited hearing within ten days of such\\nexpedited hearing, and shall forward a copy thereof to the commissioner\\nwho shall immediately forward copies of the decision to the employee and\\nto the clerk or secretary of the employing board. The written decision\\nshall include the hearing officer's findings of fact on each charge, his\\nor her conclusions with regard to each charge based on said findings and\\nshall state what penalty or other action, if any, shall be taken by the\\nemploying board. At the request of the employee, in determining what, if\\nany, penalty or other action shall be imposed, the hearing officer shall\\nconsider the extent to which the employing board made efforts towards\\ncorrecting the behavior of the employee which resulted in charges being\\nbrought under this section through means including but not limited to:\\nremediation, peer intervention or an employee assistance plan. In those\\ncases where a penalty is imposed, such penalty may be a written\\nreprimand, a fine, suspension for a fixed time without pay, or\\ndismissal. In addition to or in lieu of the aforementioned penalties,\\nthe hearing officer, where he or she deems appropriate, may impose upon\\nthe employee remedial action including but not limited to leaves of\\nabsence with or without pay, continuing education and/or study, a\\nrequirement that the employee seek counseling or medical treatment or\\nthat the employee engage in any other remedial or combination of\\nremedial actions.\\n b. Within fifteen days of receipt of the hearing officer's decision\\nthe employing board shall implement the decision. If the employee is\\nacquitted he or she shall be restored to his or her position with full\\npay for any period of suspension without pay and the charges expunged\\nfrom the employment record. If an employee who was convicted of a felony\\ncrime specified in paragraph b of subdivision two of this section, has\\nsaid conviction reversed, the employee, upon application, shall be\\nentitled to have his or her pay and other emoluments restored, for the\\nperiod from the date of his or her suspension to the date of the\\ndecision.\\n c. The hearing officer shall indicate in the decision whether any of\\nthe charges brought by the employing board were frivolous as defined in\\nsection eighty-three hundred three-a of the civil practice law and\\nrules. If the hearing officer finds that all of the charges brought\\nagainst the employee were frivolous, the hearing officer shall order the\\nemploying board to reimburse the department the reasonable costs said\\ndepartment incurred as a result of the proceeding and to reimburse the\\nemployee the reasonable costs, including but not limited to reasonable\\nattorneys' fees, the employee incurred in defending the charges. If the\\nhearing officer finds that some but not all of the charges brought\\nagainst the employee were frivolous, the hearing officer shall order the\\nemploying board to reimburse the department a portion, in the discretion\\nof the hearing officer, of the reasonable costs said department incurred\\nas a result of the proceeding and to reimburse the employee a portion,\\nin the discretion of the hearing officer, of the reasonable costs,\\nincluding but not limited to reasonable attorneys' fees, the employee\\nincurred in defending the charges.\\n 5. Appeal. a. Not later than ten days after receipt of the hearing\\nofficer's decision, the employee or the employing board may make an\\napplication to the New York state supreme court to vacate or modify the\\ndecision of the hearing officer pursuant to section seventy-five hundred\\neleven of the civil practice law and rules. The court's review shall be\\nlimited to the grounds set forth in such section. The hearing panel's\\ndetermination shall be deemed to be final for the purpose of such\\nproceeding.\\n b. In no case shall the filing or the pendency of an appeal delay the\\nimplementation of the decision of the hearing officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3021", "title" : "Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3021", "activeDate" : "2014-09-22", "sequenceNo" : 1066, "repealedDate" : null, "fromSection" : "3021", "toSection" : "3021", "text" : " § 3021. Removal of superintendents, teachers and employees for\\ntreasonable or seditious acts or utterances. A person employed as\\nsuperintendent of schools, teacher or employee in the public schools, in\\nany city or school district of the state, shall be removed from such\\nposition for the utterance of any treasonable or seditious word or words\\nor the doing of any treasonable or seditious act or acts while holding\\nsuch position.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3022", "title" : "Elimination of subversive persons from the public school system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3022", "activeDate" : "2014-09-22", "sequenceNo" : 1067, "repealedDate" : null, "fromSection" : "3022", "toSection" : "3022", "text" : " § 3022. Elimination of subversive persons from the public school\\nsystem. 1. The board of regents shall adopt, promulgate, and enforce\\nrules and regulations for the disqualification or removal of\\nsuperintendents of schools, teachers or employees in the public schools\\nin any city or school district of the state and the faculty members and\\nall other personnel and employees of any college or other institution of\\nhigher education owned and operated by the state or any subdivision\\nthereof who violate the provisions of section three thousand twenty-one\\nof this article or who are ineligible for appointment to or retention in\\nany office or position in such public schools or such institutions of\\nhigher education on any of the grounds set forth in section twelve-a of\\nthe civil service law and shall provide therein appropriate methods and\\nprocedure for the enforcement of such sections of this article and the\\ncivil service law.\\n 2. The board of regents shall, after inquiry, and after such notice\\nand hearing as may be appropriate, make a listing of organizations which\\nit finds to be subversive in that they advocate, advise, teach or\\nembrace the doctrine that the government of the United States or of any\\nstate or of any political subdivision thereof shall be overthrown or\\noverturned by force, violence or any unlawful means, or that they\\nadvocate, advise, teach or embrace the duty, necessity or propriety of\\nadopting any such doctrine, as set forth in section twelve-a of the\\ncivil service law. Such listings may be amended and revised from time to\\ntime. The board, in making such inquiry, may utilize any similar\\nlistings or designations promulgated by any federal agency or authority\\nauthorized by federal law, regulation or executive order, and for the\\npurposes of such inquiry, the board may request and receive from such\\nfederal agencies or authorities any supporting material or evidence that\\nmay be made available to it. The board of regents shall provide in the\\nrules and regulations required by subdivision one hereof that membership\\nin any such organization included in such listing made by it shall\\nconstitute prima facie evidence of disqualification for appointment to\\nor retention in any office or position in the public schools of the\\nstate.\\n 3. The board of regents shall annually, on or before the fifteenth day\\nof February, by separate report, render to the legislature, a full\\nstatement of measures taken by it for the enforcement of such provisions\\nof law and to require compliance therewith. Such reports shall contain a\\ndescription of surveys made by the board of regents, from time to time,\\nas may be appropriate, to ascertain the extent to which such provisions\\nof law have been enforced in the city and school districts of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3023", "title" : "Liability of a board of education, trustee, trustees or board of cooperative educational services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3023", "activeDate" : "2014-09-22", "sequenceNo" : 1068, "repealedDate" : null, "fromSection" : "3023", "toSection" : "3023", "text" : " § 3023. Liability of a board of education, trustee, trustees or board\\nof cooperative educational services. Notwithstanding any inconsistent\\nprovision of law, general, special or local, or the limitation contained\\nin the provisions of any city charter, it shall be the duty of each\\nboard of education, trustee or trustees, in any school district having a\\npopulation of less than one million, and each board of cooperative\\neducational services established pursuant to section nineteen hundred\\nfifty of this chapter, to save harmless and protect all teachers,\\npractice or cadet teachers, authorized participants in a school\\nvolunteer program, and members of supervisory and administrative staff\\nor employees from financial loss arising out of any claim, demand, suit\\nor judgment by reason of alleged negligence or other act resulting in\\naccidental bodily injury to any person, or accidental damage to the\\nproperty of any person within or without the school building, provided\\nsuch teacher, practice or cadet teacher, authorized participant in a\\nschool volunteer program, or member of the supervisory or administrative\\nstaff or employee at the time of the accident or injury was acting in\\nthe discharge of his duties within the scope of his employment or\\nauthorized volunteer duties and/or under the direction of said board of\\neducation, trustee, trustees or board of cooperative educational\\nservices; and said board of education, trustee, trustees or board of\\ncooperative educational services may arrange for and maintain\\nappropriate insurance with any insurance company created by or under the\\nlaws of this state, or in any insurance company authorized by law to\\ntransact business in this state, or such board, trustee, trustees or\\nboard of cooperative educational services may elect to act as\\nself-insurers to maintain the aforesaid protection. A board of\\neducation, trustee, board of trustees, or board of cooperative\\neducational services, however, shall not be subject to the duty imposed\\nby this section, unless such teacher, practice or cadet teacher,\\nauthorized participant in a school volunteer program, or member of the\\nsupervisory and administrative staff or employee shall, within ten days\\nof the time he is served with any summons, complaint, process, notice,\\ndemand or pleading, deliver the original or a copy of the same to such\\nboard of education, trustee, board of trustes, or board of cooperative\\neducational services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3024", "title" : "Teachers responsible for record books", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3024", "activeDate" : "2014-09-22", "sequenceNo" : 1069, "repealedDate" : null, "fromSection" : "3024", "toSection" : "3024", "text" : " § 3024. Teachers responsible for record books. School lists and\\naccounts of attendance shall be kept and prepared and entries shall be\\nmade in regards thereto, in such manner, as shall be prescribed by the\\ncommissioner of education by regulation or otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3025", "title" : "Verification of school register", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3025", "activeDate" : "2014-09-22", "sequenceNo" : 1070, "repealedDate" : null, "fromSection" : "3025", "toSection" : "3025", "text" : " § 3025. Verification of school register. 1. Each teacher, or other\\nschool district employee as may be designated by the commissioner of\\neducation under section three thousand twenty-four of this chapter,\\nshall, by his oath or affirmation verify any information submitted by\\nsuch person to the school district for the purposes of use as or in the\\npreparation of school registers in such manner as may be prescribed by\\nthe commissioner of education under section three thousand twenty-four\\nof this chapter, and such school records shall constitute the source\\nfrom which the average daily attendance shall be determined. Such oath\\nor affirmation may be taken by the district clerk or trustee, but\\nwithout charge.\\n 2. A teacher or other school district employee as may be designated by\\nthe commissioner of education under section three thousand twenty-four\\nof this chapter shall not be entitled to his salary for the last month\\nof a term until he shall have made such verification and submitted such\\ninformation as is required by subdivision one of this section, and the\\ntrustees shall not draw on the county treasurer, or collector or\\ntreasurer of the district, for any portion of his salary for such month\\nuntil such verification shall have been made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3026", "title" : "Discriminations based on sex prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3026", "activeDate" : "2014-09-22", "sequenceNo" : 1071, "repealedDate" : null, "fromSection" : "3026", "toSection" : "3026", "text" : " § 3026. Discriminations based on sex prohibited. There shall be no\\ndiscrimination in the determination of the amount to be paid or the\\npayments to be made to persons employed as teachers in the public\\nschools in any city, union free or common school district in this state,\\nbased on sex. All contracts hereafter made for the employment of public\\nschool teachers and all schedules of salaries and salary increments\\nadopted by boards of education, as provided in this chapter, shall not\\ndiscriminate between the salaries and salary increments of public school\\nteachers to be paid under such contracts and schedules because of the\\nsex of said public school teachers, notwithstanding the provisions of\\nany general or special law inconsistent herewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3027", "title" : "Discrimination based on age prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3027", "activeDate" : "2014-09-22", "sequenceNo" : 1072, "repealedDate" : null, "fromSection" : "3027", "toSection" : "3027", "text" : " § 3027. Discrimination based on age prohibited. Notwithstanding any\\nprovision of law to the contrary, no board of education in any city,\\nunion free, common or central school district in this state shall\\nhereafter prohibit, prevent, disqualify or discriminate against any\\nperson who is physically and mentally qualified from competing,\\nparticipating, or registering for an examination for or from qualifying\\nfor, a position as teacher, or be penalized in a final rating by reason\\nof his or her age. Any such rule, requirement, resolution, regulation\\nor penalization of such board shall be void.\\n Nothing herein contained, however, shall prevent such board from\\nadopting reasonable minimum or maximum age requirements for positions\\nwhich require extraordinary physical effort, except where age limits for\\nsuch positions are already prescribed by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3028", "title" : "Liability of school district for cost and attorney's fees of action against, or prosecutions of, teachers, members of supervisory and adm...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3028", "activeDate" : "2014-09-22", "sequenceNo" : 1073, "repealedDate" : null, "fromSection" : "3028", "toSection" : "3028", "text" : " § 3028. Liability of school district for cost and attorney's fees of\\naction against, or prosecutions of, teachers, members of supervisory and\\nadministrative staff or employees, and school volunteers.\\nNotwithstanding any inconsistent provision of any general, special or\\nlocal law, or the limitations contained in the provisions of any city\\ncharter, each board of education, trustee or trustees in the state shall\\nprovide an attorney or attorneys for, and pay such attorney's fees and\\nexpenses necessarily incurred in the defense of a teacher, member of a\\nsupervisory or administrative staff or employee, or authorized\\nparticipant in a school volunteer program in any civil or ciminal action\\nor proceeding arising out of disciplinary action taken against any pupil\\nof the district while in the discharge of his duties within the scope of\\nhis employment or authorized volunteer duties. For such purposes the\\nboard of education, trustee or trustees may arrange for and maintain\\nappropriate insurance with any insurance company created by or under the\\nlaws of this state, or in any insurance company authorized by law to\\ntransact business in this state, or such board, trustee or trustees may\\nelect to act as self-insurers to maintain the aforesaid protection. A\\nboard of education, trustee or board of trustees, however, shall not be\\nsubject to the duty imposed by this section, unless such teacher, or\\nmember of the supervisory and administrative staff or employee or\\nauthorized participant in a school volunteer program shall, within ten\\ndays of the time he is served with any summons, complaint, process,\\nnotice, demand or pleading, deliver the original or a copy of the same\\nto such board of education, trustee or board of trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3028-A", "title" : "Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3028-A", "activeDate" : "2014-09-22", "sequenceNo" : 1074, "repealedDate" : null, "fromSection" : "3028-A", "toSection" : "3028-A", "text" : " § 3028-a. Students under twenty-one years of age suspected of alcohol\\nabuse or narcotic addiction. Any teacher, school administrator, school\\nguidance counselor, school psychologist, school drug counselor, school\\nnurse, supervisor of attendance, attendance teacher or attendance\\nofficer having reasonable cause to suspect that a secondary or\\nelementary student under twenty-one years of age is a substance or\\nalcohol abuser or substance dependent, who report such information to\\nthe appropriate secondary or elementary school officials pursuant to the\\nschool's drug policy or if the school has no drug policy to the school's\\nprincipal or the parents or legal guardians of such student under\\ntwenty-one years of age shall have immunity from any civil liability\\nthat might otherwise be incurred or imposed as a result of the making of\\nsuch a report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3028-B", "title" : "Notification of teachers' duty to provide information and immunity from liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3028-B", "activeDate" : "2014-09-22", "sequenceNo" : 1075, "repealedDate" : null, "fromSection" : "3028-B", "toSection" : "3028-B", "text" : " § 3028-b. Notification of teachers' duty to provide information and\\nimmunity from liability. Each school shall annually provide to each\\nteacher and all other school officials a written explanation concerning\\nthe reporting of pupil drug abuse, child abuse, and child abuse in an\\neducational setting including the immunity provisions of section three\\nthousand twenty-eight-a of this article and section eleven hundred\\ntwenty-six of this chapter and sections four hundred thirteen and four\\nhundred nineteen of the social services law. The commissioner, with the\\nassistance and cooperation of the commissioner of children and family\\nservices and the commissioner of criminal justice services, shall\\nfurnish each school district with the required information. Such\\ninformation shall be updated by the commissioner at least once each\\nschool year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3028-C", "title" : "Protection of school employees who report acts of violence and weapons possession", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3028-C", "activeDate" : "2014-09-22", "sequenceNo" : 1076, "repealedDate" : null, "fromSection" : "3028-C", "toSection" : "3028-C", "text" : " § 3028-c. Protection of school employees who report acts of violence\\nand weapons possession. Any school employee having reasonable cause to\\nsuspect that a person has committed an act of violence while in or on\\nschool property, or having reasonable cause to suspect that a person has\\ncommitted an act of violence upon a student, school employee or\\nvolunteer either upon school grounds or elsewhere, or having reasonable\\ncause to suspect that a person has brought a gun, knife, bomb or other\\ninstrument capable of or that appears capable of causing death or\\nphysical injury upon school grounds who in good faith reports such\\ninformation to school officials, to the commissioner, or to law\\nenforcement authorities, shall have immunity from any civil liability\\nthat may arise from the making of such report, and no school district or\\nschool district employee shall take, request or cause a retaliatory\\naction against any such employee who makes such report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3028-D", "title" : "Protection of school employees who report information regarding illegal or inappropriate financial practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3028-D", "activeDate" : "2014-09-22", "sequenceNo" : 1077, "repealedDate" : null, "fromSection" : "3028-D", "toSection" : "3028-D", "text" : " § 3028-d. Protection of school employees who report information\\nregarding illegal or inappropriate financial practices. Any employee of\\na school district, board of cooperative educational services, or charter\\nschool having reasonable cause to suspect that the fiscal practices or\\nactions of an employee or officer of a school district, charter school,\\nor board of cooperative educational services, violate any local, state,\\nfederal law or rule and regulation, relating to the financial practices\\nof such entity and who in good faith reports such information to an\\nofficial of such school district, board of cooperative educational\\nservices or charter school, or to the office of the state comptroller,\\nthe commissioner or to law enforcement authorities, shall have immunity\\nfrom any civil liability that may arise from the making of such report,\\nand no school district, or employee or officer thereof, charter school,\\nor employee or officer thereof, or board of cooperative educational\\nservices, or employee or officer thereof, shall take, request, or cause\\na retaliatory action against any such employee who makes such report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3029", "title" : "Hours of continuous duty for full time teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3029", "activeDate" : "2014-09-22", "sequenceNo" : 1078, "repealedDate" : null, "fromSection" : "3029", "toSection" : "3029", "text" : " § 3029. Hours of continuous duty for full time teachers. Except in a\\ncity having a population of one million or more persons the school\\nauthorities of any school district employing two or more teachers shall\\nfix the hours of duty for full time teachers so that no teacher shall be\\nassigned continuous duty for a length of time in excess of five hours.\\nWhen the daily total hours of duty exceed five, duties must be assigned\\nso as to provide a period of at least thirty minutes in length which\\nshall be free from assigned duties and which shall be scheduled so far\\nas practical during the hours normally allotted for pupils' lunch\\nperiods.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3029-A", "title" : "Silent meditation in public schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3029-A", "activeDate" : "2014-09-22", "sequenceNo" : 1079, "repealedDate" : null, "fromSection" : "3029-A", "toSection" : "3029-A", "text" : " § 3029-a. Silent meditation in public schools. 1. In each public\\nschool classroom, the teacher in charge may, or if so authorized or\\ndirected by the board of education by which he is employed, shall, at\\nthe opening of school upon every school day, conduct a brief period of\\nsilent meditation with the participation of all the pupils therein\\nassembled.\\n 2. The silent meditation authorized by subsection one of this act is\\nnot intended to be, and shall not be conducted as, a religious service\\nor exercise, but may be considered as an opportunity for silent\\nmeditation on a religious theme by those who are so disposed, or a\\nmoment of silent reflection on the anticipated activities of the day.\\nAs used in subdivision one of this section the term \"participation\"\\nshall be construed to permit seated participation and not to require any\\npupil to stand.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3030", "title" : "Interstate agreement on qualifications of educational personnel", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3030", "activeDate" : "2014-09-22", "sequenceNo" : 1080, "repealedDate" : null, "fromSection" : "3030", "toSection" : "3030", "text" : " § 3030. Interstate agreement on qualifications of educational\\npersonnel. 1. The interstate agreement on qualifications of educational\\npersonnel is hereby enacted into law and entered into with all\\njurisdictions legally joining therein in the form substantially as\\nfollows:\\n INTERSTATE AGREEMENT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL\\n Article I\\n Purpose, Findings, and Policy\\n 1. The states party to this agreement, desiring by common action to\\nimprove their respective school systems by utilizing the teacher or\\nother professional educational person wherever educated, declare that it\\nis the policy of each of them, on the basis of cooperation with one\\nanother, to take advantage of the preparation and experience of such\\npersons wherever gained, thereby serving the best interests of society,\\nof education, and of the teaching profession. It is the purpose of this\\nagreement to provide for the development and execution of such programs\\nof cooperation as will facilitate the movement of teachers and other\\nprofessional educational personnel among the states party to it, and to\\nauthorize specific interstate educational personnel contracts to achieve\\nthat end.\\n 2. The party states find that included in the large movement of\\npopulation among all sections of the nation are many qualified\\neducational personnel who move for family and other personal reasons but\\nwho are hindered in using their professional skill and experience in\\ntheir new locations. Variations from state to state in requirements for\\nqualifying educational personnel discourage such personnel from taking\\nthe steps necessary to qualify in other states. As a consequence, a\\nsignificant number of professionally prepared and experienced educators\\nis lost to our school systems. Facilitating the employment of qualified\\neducational personnel, without reference to their states of origin, can\\nincrease the available educational resources. Participation in this\\ncompact can increase the availability of educational manpower.\\n Article II\\n Definitions\\n As used in this agreement and contracts made pursuant to it, unless\\nthe context clearly requires otherwise:\\n 1. \"Educational personnel\" means persons who must meet requirements\\npursuant to state law as a condition of employment in educational\\nprograms.\\n 2. \"Designated state official\" means the educational official of a\\nstate selected by that state to negotiate and enter into, on behalf of\\nthis state, contracts pursuant to this agreement.\\n 3. \"Accept\", or any variant thereof, means to recognize and give\\neffect to one or more determinations of another state relating to the\\nqualifications of educational personnel in lieu of making or requiring a\\nlike determination that would otherwise be required by or pursuant to\\nthe laws of a receiving state.\\n 4. \"State\" means a state, territory, or possession of the United\\nStates; the district of Columbia; or the commonwealth of Puerto Rico.\\n 5. \"Originating state\" means a state (and the subdivision thereof, if\\nany) whose determination that certain educational personnel are\\nqualified to be employed for specific duties in schools is acceptable in\\naccordance with the terms of a contract made pursuant to article III.\\n 6. \"Receiving state\" means a state (and the subdivisions thereof)\\nwhich accepts educational personnel in accordance with the terms of a\\ncontract made pursuant to article III.\\n Article III\\n Interstate Educational Personnel Contracts\\n 1. The designated state official of a party state may make one or more\\ncontracts on behalf of his state with one or more other party states\\nproviding for the acceptance of educational personnel. Any such contract\\nfor the period of its duration shall be applicable to and binding on the\\nstates whose designated state officials enter into it, and the\\nsubdivisions of those states, with the same force and effect as if\\nincorporated in this agreement. A designated state official may enter\\ninto a contract pursuant to this article only with states in which he\\nfinds that there are programs of education, certification standards or\\nother acceptable qualifications that assure preparation or qualification\\nof educational personnel on a basis sufficiently comparable, even though\\nnot identical to that prevailing in his own state.\\n 2. Any such contract shall provide for:\\n (a) Its duration.\\n (b) The criteria to be applied by an originating state in qualifying\\neducational personnel for acceptance by a receiving state.\\n (c) Such waivers, substitutions, and conditional acceptances as shall\\naid the practical effectuation of the contract without sacrifice of\\nbasic educational standards.\\n (d) Any other necessary matters.\\n 3. No contract made pursuant to this agreement shall be for a term\\nlonger than five years but any such contract may be renewed for like or\\nlesser periods.\\n 4. Any contract dealing with acceptance of educational personnel on\\nthe basis of their having completed an educational program shall specify\\nthe earliest date or dates on which originating state approval of the\\nprogram or programs involved can have occurred. No contract made\\npursuant to this agreement shall require acceptance by a receiving state\\nof any persons qualified because of successful completion of a program\\nprior to January first, nineteen hundred fifty-four.\\n 5. The certification or other acceptance of a person who has been\\naccepted pursuant to the terms of a contract shall not be revoked or\\notherwise impaired because the contract has expired or been terminated.\\nHowever, any certificate or other qualifying document may be revoked or\\nsuspended on any ground which would be sufficient for revocation or\\nsuspension of a certificate or other qualifying document initially\\ngranted or approved in the receiving state.\\n 6. A contract committee composed of the designated state officials of\\nthe contracting states or their representatives shall keep the contract\\nunder continuous review, study means of improving its administration,\\nand report no less frequently than once a year to the heads of the\\nappropriate education agencies of the contracting states.\\n Article IV\\n Approved and Accepted Programs\\n 1. Nothing in this Agreement shall be construed to repeal or otherwise\\nmodify any law or regulation of a party State relating to the approval\\nof programs of educational preparation having effect solely on the\\nqualification of educational personnel within that State.\\n 2. To the extent that contracts made pursuant to this Agreement deal\\nwith the educational requirements for the proper qualification of\\neducational personnel, acceptance of a program of educational\\npreparation shall be in accordance with such procedures and requirements\\nas may be provided in the applicable contract.\\n Article V\\n Interstate Cooperation\\n The party States agree that:\\n 1. They will, so far as practicable, prefer the making of multilateral\\ncontracts pursuant to Article III of this Agreement.\\n 2. They will facilitate and strengthen cooperation in interstate\\ncertification and other elements of educational personnel qualification\\nand for this purpose shall cooperate with agencies, organizations, and\\nassociations interested in certification and other elements of\\neducational personnel qualification.\\n Article VI\\n Agreement Evaluation\\n The designated state officials of any party state may meet from time\\nto time as a group to evaluate progress under the agreement, and to\\nformulate recommendations for changes.\\n Article VII\\n Other Arrangements\\n Nothing in this agreement shall be construed to prevent or inhibit\\nother arrangements or practices of any party state or states to\\nfacilitate the interchange of educational personnel.\\n Article VIII\\n Effect and Withdrawal\\n 1. This agreement shall become effective when enacted into law by two\\nstates. Thereafter it shall become effective as to any state upon its\\nenactment of this agreement.\\n 2. Any party state may withdraw from this agreement by enacting a\\nstatute repealing the same, but no such withdrawal shall take effect\\nuntil one year after the governor of the withdrawing state has given\\nnotice in writing of the withdrawal to the governors of all other party\\nstates.\\n 3. No withdrawal shall relieve the withdrawing state of any obligation\\nimposed upon it by a contract to which it is a party. The duration of\\ncontracts and the methods and conditions of withdrawal therefrom shall\\nbe those specified in their terms.\\n Article IX\\n Construction and Severability\\n This agreement shall be liberally construed so as to effectuate the\\npurposes thereof. The provisions of this agreement shall be severable\\nand if any phrase, clause, sentence, or provision of this agreement is\\ndeclared to be contrary to the constitution of any state or of the\\nUnited States, or the application thereof to any government, agency,\\nperson, or circumstance is held invalid, the validity of the remainder\\nof this agreement and the applicability thereof to any government,\\nagency, person, or circumstance shall not be affected thereby. If this\\nagreement shall be held contrary to the constitution of any state\\nparticipating therein, the agreement shall remain in full force and\\neffect as to the state affected as to all severable matters.\\n 2. For the purposes of the agreement set forth in subdivision one of\\nthis section, the \"designated state official\" for this state shall be\\nthe commissioner of education.\\n 3. Two copies of all contracts made on behalf of this state pursuant\\nto the agreement set forth in subdivision one of this section shall be\\nkept on file in the office of the commissioner of education. The\\ndepartment shall publish all such contracts in convenient form.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3031", "title" : "Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3031", "activeDate" : "2014-09-22", "sequenceNo" : 1081, "repealedDate" : null, "fromSection" : "3031", "toSection" : "3031", "text" : " § 3031. Procedure when tenure not to be granted at conclusion of\\nprobationary period or when services to be discontinued. Notwithstanding\\nany other provision of this chapter: (a) boards of education, trustees\\nof common school districts and boards of cooperative educational\\nservices shall review all recommendations not to appoint a person on\\ntenure, and, teachers, administrators and supervisors employed on\\nprobation by any school district or by any board of cooperative\\neducational services, as to whom a recommendation is to be made that\\nappointment on tenure not be granted or that their services be\\ndiscontinued shall, at least thirty days prior to the board meeting at\\nwhich such recommendation is to be considered, be notified of such\\nintended recommendation and the date of the board meeting at which it is\\nto be considered. Such teacher, administrator and supervisor may, not\\nlater than twenty-one days prior to such meeting, request in writing\\nthat he be furnished with a written statement giving the reasons for\\nsuch recommendation and within seven days thereafter such written\\nstatement shall be furnished. Such teacher, administrator and supervisor\\nmay file a written response to such statement with the district clerk\\nnot later than seven days prior to the date of the board meeting.\\n (b) Where a board of education, trustees of a common school district,\\nor board of cooperative educational services votes to reject the\\nrecommendation of a superintendent of schools, district superintendent\\nor district principal to grant tenure to any teacher, administrator and\\nsupervisor employed on probation, such vote shall be considered advisory\\nand at least thirty days prior to the board meeting at which such\\nrecommendation is to be finally considered, the board shall notify said\\nteacher, administrator and supervisor of its intention to deny tenure\\nand the date of the board meeting at which it will take final action.\\nSuch teacher, administrator and supervisor may, not later than\\ntwenty-one days prior to such meeting, request in writing that he be\\nfurnished with a written statement giving the board's reasons for such\\nintended action and within seven days thereafter such written statement\\nshould be furnished. Such teacher, administrator and supervisor may file\\na written response to such statement with the district clerk not later\\nthan seven days prior to the date of the board meeting.\\n (c) This section shall not be construed as modifying existing law with\\nrespect to the rights of probationary teachers or the powers and duties\\nof boards of education, trustees of common school districts or boards of\\ncooperative educational services, with respect to the discontinuance of\\nservices of teachers, administrators and supervisors or appointments on\\ntenure of teachers, administrators and supervisors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3032", "title" : "Teacher summer business training and employment program; and employer specific skill training grant program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27" ], "docLevelId" : "3032", "activeDate" : "2014-09-22", "sequenceNo" : 1082, "repealedDate" : null, "fromSection" : "3032", "toSection" : "3032", "text" : " § 3032. Teacher summer business training and employment program; and\\nemployer specific skill training grant program. 1. Definitions. (a)\\n\"Regions\" for the purposes of this section means regions as established\\nby the commissioner pursuant to the provisions of the vocational\\neducation act.\\n (b) \"Local education agencies\" for the purposes of this section means\\nschool districts, boards of cooperative educational services, community\\ncolleges, agricultural and technical colleges, state university of New\\nYork college of technology and centers for advanced technology\\ndesignated pursuant to section three thousand one hundred two-a of the\\npublic authorities law, and other postsecondary providers of career\\neducation as set forth annually by the commissioner as eligible\\nrecipients under the federal vocational education act of nineteen\\nhundred eighty-four.\\n (c) \"Total employment cost\" means salary or wages paid directly to\\neach teacher participating and associated fringe benefits which accrue\\nto each teacher in the teacher summer business training and employment\\nprogram.\\n 2. Allocations. The commissioner shall allocate the lesser of forty\\nthousand dollars or one percent of the total appropriation for the\\npurposes of this section to each region for administering and conducting\\nemployer specific skill training and employment programs and the\\nremainder of such appropriation shall be allocated to each region for\\nthe administration and support of teacher summer business training and\\nemployment programs based on the proportion of the base year full time\\nteachers in the public schools of all school districts and boards of\\ncooperative educational services within the region to the total of such\\nteachers in the state, provided however, that each region shall receive\\nat least five percent of the allocation for such purposes and provided\\nfurther that the cost due to such five percent allowance shall be\\nproportionally borne by the regions not so affected. Use of funds for\\nadministration of the summer business training and employment programs\\nshall not exceed six percent of the allocation to a region.\\n 3. Teacher summer business training and employment program. (a) In any\\ncase in which a business or industry within the state shall employ\\nduring the months of July and August a teacher of mathematics,\\nchemistry, biology, earth science, physics, computer science, career\\neducation or an elementary specialist in the area of mathematics or\\nscience or commencing July first, nineteen hundred eighty-five, a\\nteacher of other subject areas as the commissioner may deem appropriate,\\nthe state will assist employers with costs associated with approved work\\nexperience for such teachers. Such business or industry shall request\\nthat the chief administrative officer of the school district or board of\\ncooperative educational services employing such teacher during the same\\nschool year as such business or industry employment occurs, certify to\\nthe commissioner that the summer work experience involved will directly\\nbenefit the individual's effectiveness as a teacher of mathematics,\\nchemistry, biology, earth science, physics, computer science, career\\neducation, or other subject areas as the commissioner may deem\\nappropriate. If such chief administrative officer so certifies, then\\nsuch officer shall also file the request with the local education agency\\ndesignated by the commissioner for pre-approval for funding under this\\nprogram in the applicable region. The commissioner shall not approve any\\nrequests for approval that would result in the maximum allocation for\\nthe applicable region being exceeded. No approval shall be given except\\nfor the lesser of thirty per centum of the total employment cost or one\\nthousand dollars per employed teacher. The remainder of such costs shall\\nbe borne by the business employer involved. Participation in this\\nprogram shall be at the option of each school district or board of\\ncooperative educational services.\\n (b) Such requests for pre-approval and certifications shall be on a\\nform prescribed by the commissioner. Such form shall include but not be\\nlimited to certification of the employer regarding work to be performed\\nby the teacher, wages, hours, and the certification of the chief\\nadministrative officer of the school district or board of cooperative\\neducational services as the case may be, as prescribed in this\\nsubdivision.\\n (c) The local education agency designated by the commissioner shall be\\nauthorized to submit a claim to the commissioner for an amount of money\\nequal to eighty percent of the anticipated expenditure, based upon the\\nrequests for pre-approval and certification received. If the\\ncommissioner approves, he shall pay that amount to such local education\\nagency within thirty days of the receipt of such claim.\\n (d) Upon completion of such employment, the participating business or\\nindustry shall certify to the local education agency designated by the\\ncommissioner the identity of the employee, the wages actually paid, the\\nhours worked and the period in which such hours were worked and shall\\nassess such local education agency for thirty per centum of such salary\\nand wage not to exceed one thousand dollars per employed teacher. If the\\ncommissioner approves, he shall reimburse such local education agency\\nupon receipt of a claim pursuant to this section as provided by law the\\namount of money equal to the difference between the monies paid to the\\nlocal education agency pursuant to paragraph (c) of this subdivision and\\nthe actual approved expenditure. If the monies paid to the local\\neducation agency pursuant to paragraph (c) of this subdivision exceeds\\nthe actual approved expenditure, the local education agency shall\\nreimburse that difference to the commissioner.\\n (e) The commissioner shall monitor implementation of programs,\\nevaluate progress, and require reports. Any funds allocated to a region\\nbut not committed for the purposes of this subdivision by September\\nfifteenth of the current year shall be reallocated by the commissioner\\nfor the purposes of subdivision four of this section.\\n 4. Employer specific skill training grant programs. (a) Employer\\nspecific skill training grant programs shall be designed to support,\\nsupplement and contribute to the expansion and maintenance of the\\neconomy of the state. Local education agencies shall apply to the\\ncommissioner for grants for conducting employer specific skill training\\nprograms. Application for funds by local education agencies for training\\nprograms shall be in a manner consistent with the application process\\nfor business and industry specific training programs under the\\nvocational education act of 1963 and the job training partnership act;\\nthe sum of such grants per region shall not exceed the total funds\\nallocated or reallocated to the region for such purposes. Such programs\\nshall provide retraining and upgrading to existing or potential\\npersonnel in order to improve technology, quality control, production\\nefficiency, or to adapt to other changes in the labor market, or to\\nprovide unique training programs to meet the emerging needs and\\noccupations of the state's business and industry or providing training\\nto individuals to promote the successful management and/or operation of\\na business purchased by such individuals to provide for their continued\\nemployment through the formation of a worker owned cooperative or an\\nemployee stock ownership plan. No grant shall exceed fifty per centum of\\nthe total program cost. Eligible program cost may include employer wages\\npaid to the employee for time spent in the training program.\\nApplications for a grant by local education agencies shall be in a form\\nprescribed by the commissioner.\\n (b) By October first, nineteen hundred eighty-six the department of\\neducation, the department of commerce, and the urban development\\ncorporation shall enter into cooperative agreements to promote more\\neffective coordination of employer specific training programs with\\nregional economic development strategies and other activities conducted\\nby the department of commerce, the urban development corporation and\\nother state, regional, and local agencies intended to promote economic\\ndevelopment. In preparing these agreements the parties to the\\ncooperative agreements shall solicit comments from the regional economic\\ndevelopment councils, regional education center for economic development\\ncoordinating committees, technology development councils, private\\nindustry councils and other appropriate entities within the regions as\\nidentified by the commissioner, the commissioner of commerce, or the\\nchairman of the urban development corporation. Such cooperative\\nagreements shall be reviewed and revised annually.\\n (c) The commissioner shall monitor implementation of programs,\\nevaluate progress, and require reports as needed.\\n (d) If any funds allocated to a region are not committed for the\\npurposes of this subdivision by November fifteenth, the commissioner may\\nreallocate some or all of such funds to another region.\\n 5. Additional employer specific skills training grants. The additional\\nappropriation for the purposes of this subdivision for administering and\\nconducting employer specific skills training programs shall be allocated\\nas follows: (a) thirty percent shall be allocated equally among the\\nregions; and (b) seventy percent shall be allocated among the regions\\nbased upon the proportion of unemployed persons within the region to the\\ntotal number of unemployed persons in the state for the most recent\\ncalendar year as determined by the state department of labor using the\\ncivilian non-instructional population sixteen years of age or older\\nlabor series. Not less than twenty percent of the additional allocation\\nto each region pursuant to this paragraph shall be available for\\ntraining programs which will provide placements for persons who are\\neconomically disadvantaged or dislocated workers as defined pursuant to\\nthe federal job training partnership act. If any money allocated to a\\nregion pursuant to this paragraph is not committed by March first of\\neach year or is committed prior to March first and is subsequently found\\nto be unnecessary for expenditure to meet existing contractual\\nobligations, the commissioner shall reallocate such funds to approved\\nprograms including but not limited to those programs which serve\\neconomically disadvantaged or dislocated workers in regions eligible\\npursuant to this paragraph.\\n 6. Annual report. Annually, on or before January first of each year,\\nthe commissioner shall report to the governor, the temporary president\\nof the senate and speaker of the assembly and chairpersons of the\\nappropriate committees on the impact of this program. Such report shall\\ninclude but not be limited to:\\n (a) The allocation of funding among the regions pursuant to this\\nsection.\\n (b) The amount of funding that was made available by each region for\\nreallocation pursuant to this section. Such amount shall include\\nseparately the amount made available due to the region's inability to\\nencumber available funds and the amount made available due to the\\noverestimation of projected program costs.\\n (c) The amount of funding that was expended by each region for\\nadministrative activities.\\n (d) The allocation of funding among the regions providing for employer\\nspecific skills training grant programs which are administered by the\\ndepartment and funded through other sources including, but not limited\\nto, the federal vocational education act and the federal job training\\npartnership act and the extent to which such funds are combined with the\\nfunds appropriated pursuant to this section to provide funding for\\nindividual projects.\\n (e) The participation, completion, and placement rate of individuals\\nenrolled in employer specific skills training grant programs\\nadministered by the department and funded pursuant to this section and\\nthrough other available sources of funding, with particular emphasis on\\nthe rates for individuals who are economically disadvantaged or\\ndislocated workers.\\n (f) A description and evaluation of programs undertaken pursuant to\\nthe cooperative agreements required under this section.\\n 7. The commissioner shall adopt rules and regulations to implement the\\nprovisions of this section. Rules and regulations governing the employer\\nspecific skills training program established pursuant to this section\\nshall be promulgated by the commissioner, assisted by the commissioner\\nof economic development and in consultation with the department of\\neconomic development. Such rules and regulations shall be consistent\\nwith the program plan required by subdivision nineteen of section one\\nhundred of the economic development law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3033", "title" : "New York state mentor teacher-internship program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3033", "activeDate" : "2014-09-22", "sequenceNo" : 1083, "repealedDate" : null, "fromSection" : "3033", "toSection" : "3033", "text" : " § 3033. New York state mentor teacher-internship program. 1. Boards\\nof education and boards of cooperative educational services are hereby\\nauthorized to participate in the New York state mentor\\nteacher-internship program in accordance with the provisions of this\\nsection.\\n 2. Each board of education or board of cooperative educational\\nservices which applies for funds under this section shall prepare a plan\\nfor implementation of a mentor teacher-internship program consistent\\nwith article fourteen of the civil service law. The plan shall be\\ndeveloped in accordance with this section and regulations of the\\ncommissioner. The board of education or board of cooperative educational\\nservices shall submit an application and plan by May first of the\\ncurrent year for approval by the commissioner; provided however for the\\nnineteen hundred ninety-seven--ninety-eight school year, such plan may\\nbe submitted by November first, nineteen hundred ninety-seven.\\n 3. Each board of education and board of cooperative educational\\nservices which determines to participate in the program shall select\\npersons eligible to serve as mentor teachers from a list of persons who\\nhave demonstrated their mastery of pedagogical and subject matter\\nskills, given evidence of superior teaching abilities and interpersonal\\nrelationship qualities, and who have indicated their willingness to\\nparticipate in such program. Such list of persons eligible to serve as\\nmentor teachers shall be developed by a selection committee composed of\\ncertified or licensed personnel employed by the school district or the\\nboard of cooperative educational services, a majority of whom shall be\\nclassroom teachers chosen by the certified or recognized teachers\\nemployee organization. The assignment of particular mentor teachers and\\nteacher interns to work together shall be made by the superintendent of\\nthe participating district or district superintendent of the\\nparticipating board of cooperative educational services. Each person\\ndesignated as a mentor teacher shall continue to provide classroom\\ninstruction for at least sixty percent of the time spent in performance\\nof such individual's duties during the school year or such person may so\\nserve on a full-time basis for not more than two school years out of\\nfive consecutive school years, provided that such service as a mentor\\nteacher shall not diminish or impair the tenure and seniority rights of\\nthe mentor teacher.\\n 4. Each board of education and board of cooperative educational\\nservices which determines to participate in the mentor\\nteacher-internship program shall require those first or second year\\neligible teachers which it chooses to include in the program to perform\\ntheir duties under the guidance of a mentor teacher, and shall ensure\\nthat such teacher intern and mentor carry no more than a ninety percent\\nclassroom instruction assignment in order to allow such teacher intern\\ntime to receive special assistance from a mentor teacher. In order to\\nparticipate as a teacher intern in a mentor teacher-internship program,\\na first or second year teacher shall hold a provisional or permanent\\nteaching certificate, temporary emergency license, regular license, or\\ntemporary per diem certificate for a field in which no licensed person\\nis available to teach and shall not have participated in such program in\\nthe previous year.\\n 5. A school district or board of cooperative educational services\\nparticipating in an approved mentor teacher-internship program in the\\ncurrent year shall be eligible for aid including but not limited to\\ncosts related to release time of the intern and mentor teacher up to ten\\npercent of the mentor teacher's salary and up to ten percent of the\\nteacher intern's salary respectively in accordance with the provisions\\nof this subdivision. To receive such assistance, a school district or\\nboard of cooperative educational services must file a claim with the\\ncommissioner by October first of the current school year in a form\\nprescribed by the commissioner which shall include the actual salary of\\neach program participant as of September fifteenth of such year. The\\ncommissioner shall pay one-half of the amount of such assistance by\\nJanuary fifteenth of each year and shall pay the remaining amount based\\nupon a final report filed by the school district by August fifteenth of\\neach year.\\n 6. Each board of education and board of cooperative educational\\nservices which participates in the program shall file a report with the\\ncommissioner on or before August first of each school year concerning\\ncompliance with the requirements of the program during the preceding\\nschool year. Such report shall be in such form and in such manner as\\nthe commissioner may require. The commissioner shall evaluate such\\nprograms and file a report with the legislature on or before December\\nfirst, nineteen hundred eighty-seven.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3034", "title" : "Teacher career recruitment clearinghouse", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3034", "activeDate" : "2014-09-22", "sequenceNo" : 1084, "repealedDate" : null, "fromSection" : "3034", "toSection" : "3034", "text" : " § 3034. Teacher career recruitment clearinghouse. 1. The department,\\nin consultation with representatives of teacher organizations, boards of\\neducation, school administrators, institutions of higher education and\\nthe armed forces of the United States, shall establish a teacher career\\nrecruitment clearinghouse to recruit qualified teachers and personnel\\nwho provide pedagogical services, as defined in regulations by the\\ncommissioner.\\n 2. The teacher career recruitment clearinghouse shall:\\n (a) Collect and disseminate information to individuals, public and\\nnonpublic schools, institutions of higher education, and state and\\nfederal military facilities on career opportunities in teaching and\\nrelated education professions. Such information shall include, but not\\nbe limited to, information regarding financial assistance for students\\ninterested in careers in education, employment opportunities in\\neducation, and information about certification or licensure\\nrequirements.\\n (b) Promote clearinghouse activities, to the extent possible, in\\nnewspapers, state and national professional publications including state\\nand federal military publications and at institutions of higher\\neducation which confer degrees in education.\\n (c) Establish to the extent possible, an applicant data base and\\nprovide access to such data base by public and nonpublic schools.\\n (d) Establish to the extent possible a data base of available public\\nand nonpublic school employment opportunities for access by individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3035", "title" : "Duties of commissioner; submission of fingerprints", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-15", "2023-05-12" ], "docLevelId" : "3035", "activeDate" : "2014-09-22", "sequenceNo" : 1085, "repealedDate" : null, "fromSection" : "3035", "toSection" : "3035", "text" : " § 3035. Duties of commissioner; submission of fingerprints. 1. The\\ncommissioner shall submit to the division of criminal justice services\\ntwo sets of fingerprints of prospective employees as defined in\\nsubdivision three of section eleven hundred twenty-five of this chapter\\nreceived from a school district, charter school or board of cooperative\\neducational services and of prospective employees received from\\nnonpublic and private elementary and secondary schools pursuant to title\\ntwo of this chapter, and the division of criminal justice services\\nprocessing fee imposed pursuant to subdivision eight-a of section eight\\nhundred thirty-seven of the executive law and any fee imposed by the\\nfederal bureau of investigation. The division of criminal justice\\nservices and the federal bureau of investigation shall forward such\\ncriminal history record to the commissioner in a timely manner. For the\\npurposes of this section, the term \"criminal history record\" shall mean\\na record of all convictions of crimes and any pending criminal charges\\nmaintained on an individual by the division of criminal justice services\\nand the federal bureau of investigation. All such criminal history\\nrecords sent to the commissioner pursuant to this subdivision shall be\\nconfidential pursuant to the applicable federal and state laws, rules\\nand regulations, and shall not be published or in any way disclosed to\\npersons other than the commissioner, unless otherwise authorized by law.\\n 2. No cause of action against the commissioner, the department or the\\ndivision of criminal justice services for damages related to the\\ndissemination of criminal history records pursuant to this section shall\\nexist when the commissioner, department or division of criminal justice\\nservices has reasonably and in good faith relied upon the accuracy and\\ncompleteness of criminal history information furnished to it by\\nqualified agencies. The provision of such information by the division of\\ncriminal justice services shall be subject to the provisions of\\nsubdivision sixteen of section two hundred ninety-six of the executive\\nlaw. The consideration of such criminal history record by the\\ncommissioner shall be subject to article twenty-three-A of the\\ncorrection law.\\n * 3. (a) Clearance. After receipt of a criminal history record from\\nthe division of criminal justice services and the federal bureau of\\ninvestigation the commissioner shall promptly notify the appropriate\\nschool district, charter school, board of cooperative educational\\nservices, or nonpublic or private elementary or secondary school whether\\nthe prospective employee to which such report relates is cleared for\\nemployment based upon his or her criminal history. All determinations to\\ngrant or deny clearance for employment pursuant to this paragraph shall\\nbe performed in accordance with subdivision sixteen of section two\\nhundred ninety-six of the executive law and article twenty-three-A of\\nthe correction law. When the commissioner denies a prospective employee\\nclearance for employment, such prospective employee shall be afforded\\nnotice and the right to be heard and offer proof in opposition to such\\ndetermination in accordance with the regulations of the commissioner.\\n (b) Conditional clearance. When the commissioner receives a request\\nfor a determination on the conditional clearance of a prospective\\nemployee, the commissioner, after receipt of a criminal history record\\nfrom the division of criminal justice services, shall promptly notify\\nthe prospective employee and the appropriate school district, charter\\nschool, board of cooperative educational services, or nonpublic or\\nprivate elementary or secondary school that the prospective employee to\\nwhich such report relates is conditionally cleared for employment based\\nupon his or her criminal history or that more time is needed to make the\\ndetermination. If the commissioner determines that more time is needed,\\nthe notification shall include a good faith estimate of the amount of\\nadditional time needed. Such notification shall be made within fifteen\\nbusiness days after the commissioner receives the prospective employee's\\nfingerprints. All determinations to grant or deny conditional clearance\\nfor employment pursuant to this paragraph shall be performed in\\naccordance with subdivision sixteen of section two hundred ninety-six of\\nthe executive law and article twenty-three-A of the correction law.\\n * NB Effective until July 1, 2015\\n * 3. After receipt of a criminal history record from the division of\\ncriminal justice services and the federal bureau of investigation the\\ncommissioner shall promptly notify the appropriate school district,\\ncharter school, board of cooperative educational services, or nonpublic\\nor private elementary or secondary school whether the prospective\\nemployee to which such report relates is cleared for employment based\\nupon his or her criminal history. All determinations to grant or deny\\nclearance for employment pursuant to this subdivision shall be performed\\nin accordance with subdivision sixteen of section two hundred ninety-six\\nof the executive law and article twenty-three-A of the correction law.\\nWhen the commissioner denies a prospective employee clearance for\\nemployment, such prospective employee shall be afforded notice and the\\nright to be heard and offer proof in opposition to such determination in\\naccordance with the regulations of the commissioner.\\n * NB Effective July 1, 2015\\n 3-a. Upon request from a prospective employee who has been cleared by\\nthe commissioner for employment and/or certification, the commissioner\\nshall have the authority to forward a copy of such criminal history\\nrecord to the city school district of the city of New York by the most\\nexpeditious means available. Furthermore, upon notification that such\\nprospective employee is employed by the city school district of the city\\nof New York, the division of criminal justice services shall have the\\nauthority to provide subsequent criminal history notifications directly\\nto the city school district of the city of New York. Upon request from a\\nprospective employee who has been cleared for licensure and/or\\nemployment by the city school district of the city of New York, such\\nschool district shall have the authority to forward a copy of the\\nprospective employee's criminal history record to the commissioner, by\\nthe most expeditious means available, for the purposes of this section.\\nFurthermore, upon notification that such prospective employee is\\nemployed by a school district outside the city of New York, the division\\nof criminal justice services shall have the authority to provide\\nsubsequent criminal history notifications directly to the commissioner.\\n 4. The fee provisions of subdivision two of section three thousand\\nfour-b of this chapter shall apply to criminal history records searches\\nconducted pursuant to this section; provided however that,\\nnotwithstanding the provisions of any other law: (a) the fees associated\\nwith an employee participating in a public assistance employment\\nprogram, pursuant to title nine-B of article five of the social services\\nlaw, or receiving employment services through the federal temporary\\nassistance for needy families block grant pursuant to appropriations to\\nthe office of temporary disability assistance, shall be paid by the\\nsocial services district making such employment placement or assignment\\nand the cost of such fees, if not subject to full reimbursement under\\nsuch federal block grant, shall be deemed to be an employment services\\nadministrative expense. In no event shall such a participant described\\nherein be required to personally pay any fee imposed by the division of\\ncriminal justice services or the federal bureau of investigation or any\\nother fee for the purpose of conducting a criminal history records\\nsearch; and (b) any prospective employee, including, notwithstanding any\\nprovision of law to the contrary, a prospective employee applying for a\\nposition in a school district within a city with a population of one\\nmillion or more, may submit a request to a governing body of a school\\ndistrict, on a form prescribed by the commissioner, that the fees\\nimposed for conducting a criminal history records check be waived. Such\\ngoverning body may grant such a request if such governing body\\ndetermines that payment of such a fee would impose an unreasonable\\nfinancial hardship on the applicant or his or her family and, upon such\\ndetermination, the governing body shall pay such fee on behalf of the\\nprospective employee to the appropriate authority.\\n 5. The commissioner and the division of criminal justice services\\nshall enter into an agreement for the purposes of implementing the\\nprovisions of this section.\\n 6. Nothing in this section shall be construed or interpreted to alter\\nor in any way diminish the integrity of collective bargaining agreements\\nnegotiated between an employer and any certified or authorized\\ncollective bargaining agent, with respect to payment of fees for\\ncriminal history records searches, nor to diminish any rights pursuant\\nto such agreements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3036", "title" : "Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3036", "activeDate" : "2014-09-22", "sequenceNo" : 1086, "repealedDate" : null, "fromSection" : "3036", "toSection" : "3036", "text" : " § 3036. Coursework for reporting child abuse and maltreatment for\\nthose with coaching licenses or coaching certificates. 1.\\nNotwithstanding any other provision of law, the commissioner shall\\nprescribe regulations requiring that all persons currently holding a\\ntemporary coaching license or a professional coaching certificate and\\npersons applying for such license or certificate shall, in addition to\\nall the other licensure or certification requirements, have completed\\ntwo hours of coursework or training regarding the identification and\\nreporting of child abuse and maltreatment. The coursework or training\\nshall be obtained from an institution or provider which has been\\napproved by the department to provide such coursework or training. The\\ncoursework or training shall include information regarding the physical\\nand behavioral indicators of child abuse and maltreatment and the\\nstatutory reporting requirements set out in sections four hundred\\nthirteen through four hundred twenty of the social services law,\\nincluding but not limited to, when and how a report must be made, what\\nother actions the reporter is mandated or authorized to take, the legal\\nprotections afforded reporters, and the consequences for failing to\\nreport. Each applicant shall provide the department with documentation\\nshowing that he or she has completed the required training.\\n 2. Persons currently holding a temporary coaching license or a\\nprofessional coaching certificate shall meet the coursework or training\\nrequirements prescribed in subdivision one of this section no later than\\nJuly first, two thousand fifteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 58 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A63", "title" : "Salaries of Teachers and Supervisors", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "63", "activeDate" : "2014-09-22", "sequenceNo" : 1087, "repealedDate" : null, "fromSection" : "3101", "toSection" : "3109-A", "text" : " ARTICLE 63\\n SALARIES OF TEACHERS AND SUPERVISORS\\nSection 3101. Definitions.\\n 3107. (Enacted without section heading).\\n 3108. Payment of salaries.\\n 3109. Reduction of salaries for purchase of annuities.\\n 3109-A. Reduction of salaries for tax-deferred annuities.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3101", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3101", "activeDate" : "2014-09-22", "sequenceNo" : 1088, "repealedDate" : null, "fromSection" : "3101", "toSection" : "3101", "text" : " § 3101. Definitions. As used in this article:\\n 1. \"Teachers\" shall mean all full-time members of the teaching and\\nsupervisory staff of each school district of the state, including, if\\nemployed in such district, the superintendent of schools, associate,\\ndistrict or other superintendents, members of the board of examiners,\\ndirectors, inspectors, supervisors, principals, administrative\\nassistants, first assistants, teachers, school psychologists, social\\nworkers in a city having a population of over one million, lecturers and\\nspecial instructors, except employees holding the positions enumerated\\nin subdivisions one and two of section thirty-one hundred six of this\\narticle.\\n 2. \"Year of service\" shall mean the number of years which a teacher\\nhas served in the school district in which he is employed including the\\nyear for which a determination for salary purposes is made.\\n 3. Except in a city having a population of one million or more,\\n\"salary\" shall mean the amount of compensation that is to be paid to a\\nteacher for services rendered during the full ten months period that the\\npublic schools of the district are required by law to be in session\\nduring any school year. For purposes of prorating the salary of a\\nteacher not rendering all the service required of teachers during such\\nperiod, the monthly rate for the services rendered shall be at least one\\ntenth of the salary and the daily rate at least one two-hundredth of the\\nsalary. If any teacher is required to render services beyond the ten\\nmonths period in any school year, the compensation for such additional\\nservices shall be at least the monthly or daily rate used in prorating\\nthe salary.\\n 4. \"Transfer credit\" shall mean the credit given by the school\\nauthorities to a teacher for years of service outside the school\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3107", "title" : "In cities having a population of one million or more, employees of the board of education who are members of the New York city teachers' ...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3107", "activeDate" : "2014-09-22", "sequenceNo" : 1089, "repealedDate" : null, "fromSection" : "3107", "toSection" : "3107", "text" : " § 3107. In cities having a population of one million or more,\\nemployees of the board of education who are members of the New York city\\nteachers' retirement system shall be granted sick leave due to personal\\nillness. Such sick leave shall be on the basis of at least ten days for\\neach year of service, cumulative to a maximum of two hundred days.\\nMembers shall upon application be granted a retirement leave of absence\\nwith full pay consisting of one-half of their accumulated unused sick\\nleave, up to a maximum of one school term or the equivalent number of\\nschool days.\\n Members of the New York city teachers' retirement system who are in\\nthe employ of the board of higher education and members of the permanent\\ninstructional staff of the board of higher education who are members of\\nany other retirement system shall be eligible for retirement leave on\\nthe same basis as employees of the board of education, except that such\\nmembers shall be granted sick leave due to personal illness of twenty\\ndays for each year of service cumulative to a maximum of one hundred\\nsixty days. Such members shall upon application to the board of higher\\neducation be granted a retirement leave with full pay consisting of\\none-half of their accumulated unused sick leave, up to a maximum of one\\nsemester or the equivalent number of school days.\\n Members of any retirement system who are members of the permanent\\ninstructional staff of any community college in the city of New York\\nshall upon application be granted a retirement leave of absence with\\nfull pay consisting of one-half of their accumulated unused sick leave,\\nup to a maximum of one semester or the equivalent number of school days.\\n Days when school is not in session shall not be counted in the\\ncalculation of such retirement leaves. When a vacation period intervenes\\nbetween the end of a retirement leave and the member's retirement date,\\nsuch vacation period shall be deemed a period of active service for all\\npurposes including compensation.\\n A retirement leave of absence shall be cancelled when a member on such\\nleave files an application for immediate retirement or files an\\napplication for reinstatement to active service, in which event such\\nmember shall be deemed to have forfeited the future right to the number\\nof days of retirement leave already taken. In the event that a member on\\nretirement leave applies for a sick leave during the period of such\\nretirement leave, he shall thereupon become entitled to his total\\naccumulated unused sick leave minus the number of school days actually\\ntaken as retirement leave, provided however, that such retirement leave,\\nexclusive of sick leave, shall not exceed one school term or semester,\\nor the equivalent number of school days. However, members of the\\ninstructional staff of the board of higher education or of the community\\ncolleges of the city of New York who are entitled to retirement leave of\\none semester shall not have the right to start a retirement leave during\\nthe course of a semester, nor may any member of the instructional staff\\nof the board of higher education or of the community colleges of the\\ncity of New York on retirement leave have the right to be reinstated to\\nactive service during the course of a semester.\\n The extent of such leaves shall be included in the number of years of\\nallowable service for retirement purposes.\\n The duties of members on retirement leave shall be covered in like\\nmanner as when members are absent on sick leave.\\n Any provision of law inconsistent with this section is hereby deemed\\nsuperseded.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3108", "title" : "Payment of salaries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3108", "activeDate" : "2014-09-22", "sequenceNo" : 1090, "repealedDate" : null, "fromSection" : "3108", "toSection" : "3108", "text" : " § 3108. Payment of salaries. No teacher or other employee of any\\nboard of education shall be requested or required to make, execute and\\ndeliver a general release or waiver as a condition prerequisite to the\\npayment of any salary, compensation or other emolument to which he is\\nentitled; and no board of education shall deprive any such teacher or\\nother employee of the whole or any part of such salary, compensation or\\nother emolument for refusing to make, execute and deliver a general\\nrelease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3109", "title" : "Reduction of salaries for purchase of annuities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3109", "activeDate" : "2014-09-22", "sequenceNo" : 1091, "repealedDate" : null, "fromSection" : "3109", "toSection" : "3109", "text" : " § 3109. Reduction of salaries for purchase of annuities. Each board\\nof education, trustee or trustees in any school district, and each board\\nof cooperative educational services or county vocational education and\\nextension board, in its discretion, may enter into a written agreement\\nwith any employee of such school district or board to reduce the annual\\nsalary as otherwise payable by law of such employee for the purpose of\\npurchasing an annuity or investing in a custodial account as permitted\\nunder section 403(b) of the United States Internal Revenue Code, as\\namended, for such employee. Any such agreement may be terminated at any\\ntime upon written notice by either such employee or such school district\\nor board. Nothing contained in this section shall be construed to\\ndiminish or impair any benefits to which such employee or his legal\\nrepresentatives or beneficiaries would be otherwise entitled had such\\nsalary reduction agreement not been entered into in accordance with the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3109-A", "title" : "Reduction of salaries for tax-deferred annuities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3109-A", "activeDate" : "2014-09-22", "sequenceNo" : 1092, "repealedDate" : null, "fromSection" : "3109-A", "toSection" : "3109-A", "text" : " § 3109-A. Reduction of salaries for tax-deferred annuities. The board\\nof education of a city having a population of one million or more, in\\nits discretion, may enter into a written agreement with any of its\\nemployees or with any employee of a school district within such city to\\nreduce the annual salary, as otherwise earned and payable by law, of\\nsuch employee for the purpose of providing a tax-deferred annuity for\\nsuch employee under the retirement system in which such employee is\\ncurrently a member, but only if such retirement system specifically\\nprovides for such tax-deferred annuities, and subject to any provisions\\nand limitations applicable thereto. Any such agreement may be\\nterminated upon written notice by either such employee or such board.\\nNothing contained in this section shall be construed to diminish or\\nimpair any benefits to which such employee or his legal representatives\\nor beneficiaries would be otherwise entitled had such salary reduction\\nagreement not been entered into in accordance with the provisions of\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A65", "title" : "Compulsory Education and School Census", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "65", "activeDate" : "2014-09-22", "sequenceNo" : 1093, "repealedDate" : null, "fromSection" : "3201", "toSection" : "3243", "text" : " ARTICLE 65\\n COMPULSORY EDUCATION AND SCHOOL CENSUS\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A65P1", "title" : "Compulsory Education", "docType" : "PART", "publishedDates" : [ "2014-09-22", "2023-07-28", "2026-05-29" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1094, "repealedDate" : null, "fromSection" : "3201", "toSection" : "3234", "text" : " PART I\\n COMPULSORY EDUCATION\\nSection 3201. Discrimination on account of race, creed, color or\\n national origin prohibited.\\n 3201-a. Discrimination on account of sex.\\n 3202. Public schools free to resident pupils; tuition from\\n nonresident pupils.\\n 3203. Selection of school for attendance of children when\\n district line intersects a dwelling.\\n 3204. Instruction required.\\n 3205. Attendance of minors upon full time day instruction.\\n 3206. Attendance of minors upon part time instruction.\\n 3207. Attendance upon evening instruction.\\n 3207-a. (Enacted without section heading).\\n 3208. Attendance; screening of new entrants; prohibition\\n against mandatory medication.\\n 3208-a. Special proceeding to determine physical capacity of\\n student to participate in athletic programs.\\n 3209. Education of homeless children.\\n 3209-a. Child abuse prevention.\\n 3210. Amount and character of required attendance.\\n 3211. Records of attendance upon instruction.\\n 3211-a. Reports of reading tests.\\n 3212. Definition of persons in parental relation and their\\n duties; duties of certain other persons.\\n 3212-a. Records of telephone numbers.\\n 3213. Supervisors of attendance; attendance teachers;\\n attendance officers; appointment, compensation, powers\\n and duties.\\n 3214. Student placement, suspensions and transfers.\\n 3215. Unlawful employment.\\n 3215-a. General certification provisions.\\n 3216. Employment certificates.\\n 3217. Procedure for issuance of employment certificates.\\n 3218. Evidence of age.\\n 3219. Consent of parent or guardian.\\n 3220. Certificate of physical fitness.\\n 3221. Pledge of employment.\\n 3222. Schooling record.\\n 3223. Duties of employers.\\n 3224. Temporary services.\\n 3225. Special employment certificate.\\n 3226. Farm work permits.\\n 3227. Street trades.\\n 3228. Newspaper carrier.\\n 3230. School district meetings and activities.\\n 3232. Courts having jurisdiction.\\n 3233. Penalties.\\n 3234. Enforcement; withholding state moneys by commissioner of\\n education.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3201", "title" : "Discrimination on account of race, creed, color or national origin prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3201", "activeDate" : "2014-09-22", "sequenceNo" : 1095, "repealedDate" : null, "fromSection" : "3201", "toSection" : "3201", "text" : " § 3201. Discrimination on account of race, creed, color or national\\norigin prohibited. 1. No person shall be refused admission into or be\\nexcluded from any public school in the state of New York on account of\\nrace, creed, color or national origin.\\n 2. Except with the express approval of a board of education having\\njurisdiction, a majority of the members of such board having been\\nelected, no student shall be assigned or compelled to attend any school\\non account of race, creed, color or national origin, or for the purpose\\nof achieving equality in attendance or increased attendance or reduced\\nattendance, at any school, of persons of one or more particular races,\\ncreeds, colors, or national origins; and no school district, school zone\\nor attendance unit, by whatever name known, shall be established,\\nreorganized or maintained for any such purpose, provided that nothing\\ncontained in this section shall prevent the assignment of a pupil in the\\nmanner requested or authorized by his parents or guardian, and further\\nprovided that nothing in this section shall be deemed to affect, in any\\nway, the right of a religious or denominational educational institution\\nto select its pupils exclusively or primarily from members of such\\nreligion or denomination or from giving preference to such selection to\\nsuch members or to make such selection to its pupils as is calculated to\\npromote the religious principle for which it is established.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3201-A", "title" : "Discrimination on account of sex", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3201-A", "activeDate" : "2014-09-22", "sequenceNo" : 1096, "repealedDate" : null, "fromSection" : "3201-A", "toSection" : "3201-A", "text" : " § 3201-a. Discrimination on account of sex. Notwithstanding any\\ngeneral, special, local law or rule or regulation of the education\\ndepartment to the contrary, no person shall be refused admission into or\\nbe excluded from any course of instruction offered in the state public\\nand high school systems by reason of that person's sex. No person shall\\nbe disqualified from state public and high school athletic teams, by\\nreason of that person's sex, except pursuant to regulations promulgated\\nby the state commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3202", "title" : "Public schools free to resident pupils; tuition from nonresident pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2018-04-20", "2018-07-06", "2019-11-15", "2019-12-20", "2020-11-13", "2021-04-23", "2022-04-22", "2022-07-29", "2022-08-05", "2023-04-07" ], "docLevelId" : "3202", "activeDate" : "2014-09-22", "sequenceNo" : 1097, "repealedDate" : null, "fromSection" : "3202", "toSection" : "3202", "text" : " § 3202. Public schools free to resident pupils; tuition from\\nnonresident pupils. 1. A person over five and under twenty-one years of\\nage who has not received a high school diploma is entitled to attend the\\npublic schools maintained in the district in which such person resides\\nwithout the payment of tuition. Provided further that such person may\\ncontinue to attend the public school in such district in the same\\nmanner, if temporarily residing outside the boundaries of the district\\nwhen relocation to such temporary residence is a consequence of such\\nperson's parent or person in parental relationship being called to\\nactive military duty, other than training. Notwithstanding any other\\nprovision of law to the contrary, the school district shall not be\\nrequired to provide transportation between a temporary residence located\\noutside of the school district and the school the child attends. A\\nveteran of any age who shall have served as a member of the armed forces\\nof the United States and who shall have been discharged therefrom under\\nconditions other than dishonorable, may attend any of the public schools\\nof the state upon conditions prescribed by the board of education, and\\nsuch veterans shall be included in the pupil count for state aid\\npurposes. A nonveteran under twenty-one years of age who has received a\\nhigh school diploma shall be permitted to attend classes in the schools\\nof the district in which such person resides or in a school of a board\\nof cooperative educational services upon payment of tuition under such\\nterms and conditions as shall be established in regulations promulgated\\nby the commissioner; provided, however, that a school district may waive\\nthe payment of tuition for such nonveteran, but in any case such a\\nnonveteran who has received a high school diploma shall not be counted\\nfor any state aid purposes. Nothing herein contained shall, however,\\nrequire a board of education to admit a child who becomes five years of\\nage after the school year has commenced unless his birthday occurs on or\\nbefore the first of December.\\n 1-a. No pupil over the compulsory attendance age in his or her school\\ndistrict shall be dropped from enrollment unless he or she has been\\nabsent twenty consecutive school days and the following procedure is\\ncomplied with: The principal or superintendent shall schedule and\\nnotify, in writing and at the last known address, both the student and\\nthe person in parental relation to the student of an informal\\nconference. At the conference the principal or superintendent shall\\ndetermine both the reasons for the pupil's absence and whether\\nreasonable changes in the pupil's educational program would encourage\\nand facilitate his or her re-entry or continuance of study. The pupil\\nand the person in parental relation shall be informed orally and in\\nwriting of the pupil's right to re-enroll at any time in the public\\nschool maintained in the district where he or she resides, if otherwise\\nqualified under this section. If the pupil and the person in parental\\nrelationship fail, after reasonable notice, to attend the informal\\nconference, the pupil may be dropped from enrollment provided that he or\\nshe and the person in parental relation are notified in writing of the\\nright to re-enter at any time, if otherwise qualified under this\\nsection.\\n 2. Nonresidents of a district, if otherwise competent, may be admitted\\ninto the school or schools of a district or city, upon the consent of\\nthe trustees or the board of education, upon terms prescribed by such\\ntrustees or board.\\n 3. The school authorities of a district or city must deduct from the\\ntuition of a nonresident pupil, whose parent or guardian owns property\\nin such district or city and pays a tax thereon for the support of the\\nschools maintained in such district or city, the amount of such tax.\\n 4. a. Except as provided in subdivision five of this section, the cost\\nof instruction of pupils placed in family homes at board by a social\\nservices district or a state department or agency shall be borne by the\\nschool district in which each such pupil resided at the time the social\\nservices district or state department or agency assumed responsibility\\nfor the placement, support and maintenance of such pupil; provided,\\nhowever, that such cost of instruction shall continue to be borne, while\\nsuch pupil remains under the age of twenty-one years, by any social\\nservices district or state department or agency which assumed\\nresponsibility for tuition costs for any such pupil prior to January\\none, nineteen hundred seventy-four. Where a pupil is placed pursuant to\\nthis subdivision outside the pupil's school district of residence at the\\ntime of such placement, the cost of instruction shall be borne by the\\ndistrict of residence and the tuition paid to the school district\\nfurnishing instruction shall be computed as provided in paragraph d of\\nthis subdivision, except that, where the family home at board receives\\nprogram support from a child care institution affiliated with a special\\nact school district as defined in subdivision eight of section four\\nthousand one of this chapter, and the board of education of such\\ndistrict furnishing instruction, upon the recommendation of its\\ncommittee on special education, contracts for such pupil's education\\npursuant to paragraph c, d, e, or f of subdivision two of section\\nforty-four hundred one of this chapter or for a nonresidential placement\\npursuant to paragraph l of such subdivision, costs incurred shall be\\nreimbursed in accordance with paragraph e of this subdivision.\\nNotwithstanding any inconsistent provision of law, where the permanent\\nresidence of a pupil is outside of the state, the school district in\\nwhich the pupil was located at the time the public agency placed such\\npupil shall be deemed the district of residence of such pupil for\\npurposes of this subdivision and shall be responsible for the cost of\\ninstruction of such pupil.\\n b. Children cared for in free family homes and children cared for in\\nfamily homes at board, when such family homes shall be the actual and\\nonly residence of such children and when such children are not supported\\nand maintained at the expense of a social services district or of a\\nstate department or agency, shall be deemed residents of the school\\ndistrict in which such family home is located.\\n c. Children cared for in free family homes and children cared for in\\nfamily homes at board, when such family homes are not the actual and\\nonly residences of such children and when such children are not\\nsupported and maintained at the expense of a social services district or\\nof a state department or agency, and who apply for the first time for\\nadmittance to the schools of the district in which such family home is\\nlocated during the school year 1973--1974 shall be admitted upon terms\\nand conditions including the payment of tuition, established by the\\nboard of education of such school district, unless such board of\\neducation shall establish to the satisfaction of the commissioner that\\nthere are valid and sufficient reasons for refusal to receive such\\nchildren.\\n d. For the purposes of this subdivision, tuition shall be fixed in an\\namount which represents the additional operating cost to the school\\ndistrict resulting from the attendance of a child for whom tuition is\\nrequired, computed in accordance with a formula established by the\\ncommissioner of education.\\n e. Where the board of education of a school district furnishing\\ninstruction for a pupil placed pursuant to this subdivision in a family\\nhome at board that receives program support from a child care\\ninstitution affiliated with a special act school district, other than\\nthe board of the pupil's school district of residence as defined in\\nparagraph a of this subdivision, upon the recommendation of its\\ncommittee on special education, contracts for the instruction of such\\npupil pursuant to paragraph c, d, e, or f of subdivision two of section\\nforty-four hundred one of this chapter or for a nonresidential placement\\npursuant to paragraph l of such subdivision, such board shall submit a\\nclaim to the commissioner for current year reimbursement of costs\\nincurred for such pupil. The commissioner shall pay such claim in\\naccordance with the applicable provisions of section thirty-six hundred\\nnine-b of this chapter and shall be reimbursed by the school district\\nidentified as the pupil's school district of residence as defined in\\nparagraph a of this subdivision. The commissioner shall deduct the\\namount of such claim from moneys otherwise due the school district of\\nresidence.\\n f. The identity of the school district of residence at the time the\\npublic agency placed the pupil pursuant to paragraph a or paragraph e of\\nthis subdivision shall be established in accordance with the following\\nprocedure:\\n (i) Within ten days of the placement of such pupil, the public agency\\nor its designee shall give written notice of such placement to the board\\nof education of the school district believed to be the school district\\nof residence. Such notification shall include the name of the pupil and\\nany particulars about the pupil that pertain to the identification of\\nthe school district as the school district of residence as defined in\\nparagraph a of this subdivision.\\n (ii) A board of education of a school district which receives\\nnotification pursuant to subparagraph (i) of this paragraph may submit\\nto the public agency, within ten days of its receipt of such notice,\\nadditional evidence to establish that it is not the pupil's district of\\nresidence as defined in paragraph a of this subdivision. Any evidence so\\nsubmitted shall be considered by the agency prior to making its final\\ndetermination, which shall be made no later than five days after the\\nagency's receipt of such additional evidence. In the event such school\\ndistrict fails to submit additional evidence within such ten day period,\\nthe determination of the public agency shall be final and the\\nnotification provided pursuant to subparagraph (i) of this paragraph\\nshall be deemed final notification of such determination.\\n (iii) If, upon its review, the public agency determines that the\\nschool district notified pursuant to subparagraph (i) of this paragraph\\nwas not the pupil's district of residence, the public agency shall send\\nnotification to the correct school district, in the form prescribed by\\nsubparagraph (i) of this paragraph. Alternatively, if, upon its review,\\nthe public agency determines that the school district originally\\ndesignated pursuant to subparagraph (i) of this paragraph is the pupil's\\ndistrict of residence the public agency shall notify such district in\\nwriting of its final determination.\\n (iv) The board of education of the school district finally determined\\nby the public agency to be the pupil's school district of residence may\\nappeal such determination to the commissioner within thirty days of its\\nreceipt of final notification pursuant to this paragraph. Such an appeal\\nshall be conducted in the same manner as an appeal from the actions of\\nlocal school officials pursuant to section three hundred ten of this\\nchapter, except that the factual allegations of the petitioner shall not\\nbe deemed true in the event the public agency elects not to appear in\\nthe appeal. The petitioner shall join as a party to the appeal any other\\nschool district suspected to be the pupil's actual school district of\\nresidence.\\n (v) If the commissioner finds that the school district notified\\npursuant to subparagraph (i) or (iii) of this paragraph was not the\\npupil's school district of residence as defined in paragraph a of this\\nsubdivision and that the correct school district was not joined as a\\nparty to the appeal, the commissioner shall direct the public agency to\\nnotify the correct school district pursuant to subparagraph (i) of this\\nparagraph.\\n (vi) Notwithstanding any inconsistent provisions of law, during the\\npendency of all proceedings to review a denial of financial\\nresponsibility, the commissioner shall issue an interim order assigning\\nsuch financial responsibility to the school district or, alternatively,\\nupon a determination that the public agency failed to make reasonable\\nefforts to identify the residence of such child, to the public agency.\\nIn the event the public agency fails to provide timely notice pursuant\\nto subparagraph (i) of this paragraph, or fails to render its final\\ndetermination in a timely manner, the public agency responsible for such\\npupil's residential placement shall reimburse the commissioner for the\\npayments made to the district furnishing instruction pursuant to this\\nparagraph during the pendency of all proceedings or for the duration of\\nthe current school year, whichever is longer, and the state comptroller\\nshall withhold such amount from any moneys due the county or the city of\\nNew York, on vouchers certified or approved by the commissioner, in the\\nmanner prescribed by law or shall transfer such amount from the account\\nof such state department or agency upon certification of the\\ncommissioner, and such funds shall be credited to the general support\\nfor public schools local assistance account of the department.\\n (vii) Any final determination or order of the commissioner concerning\\nthe school district of residence of any pupil under this section may\\nonly be reviewed in a proceeding brought in the supreme court pursuant\\nto article seventy-eight of the civil practice law and rules. In any\\nsuch proceeding under such article seventy-eight, the court may grant\\nany relief authorized by the provisions of section seventy-eight hundred\\nsix of such law and rules and may also, in its discretion, remand the\\nproceedings to the commissioner. A local social services commissioner or\\nany state department or agency placing pupils pursuant to this\\nsubdivision is a proper party in any such appeal or proceeding.\\n (viii) Upon completion of all proceedings to review the denial of\\nfinancial responsibility for the costs of instruction pursuant to this\\nparagraph, the commissioner shall refund any payments made by a party\\ncleared of such responsibility and shall collect any payments owed by a\\nparty found to have such responsibility. Where such transactions involve\\na school district liable for reimbursement pursuant to paragraph e of\\nthis subdivision, the commissioner shall appropriately increase or\\ndecrease the moneys due a school district by such amount in accordance\\nwith the provisions of section thirty-six hundred nine-b of this\\nchapter. Where such transactions involve the public agency making a\\nplacement pursuant to this subdivision, the comptroller shall increase\\nor decrease the moneys due such public agency by such amount upon\\ncertification of the commissioner, transferring such amount to or from\\nthe account of such state department or agency to or from the general\\nsupport for public schools local assistance account of the department.\\n g. If within ninety days from the entry of an order or judgment of a\\ncourt of competent jurisdiction or the receipt of a decision of the\\ncommissioner pursuant to section three hundred ten of this chapter,\\ndetermining the responsibility of a school district to pay tuition for a\\npupil in accordance with the provisions of paragraph a of this\\nsubdivision or of section five hundred four of the executive law, such\\nschool district has not made payment to the school district providing\\ninstruction to such pupil, the school district entitled to such payment\\nmay make application to the commissioner to receive a sum in the amount\\nof such tuition from the apportionment of public money payable to the\\nschool district required to pay such tuition. The application for\\npayment shall be accompanied by a certified copy of the order or\\njudgment of a court, or a copy of the decision of the commissioner, and\\nby proof of service by first class mail of a copy of such application\\nupon the school district required to pay such tuition. Unless the school\\ndistrict required to pay such tuition shall have notified the\\ncommissioner of such payment within thirty days from the receipt of such\\napplication, the commissioner shall withhold an amount equal to the\\ntuition for such pupil from the public money payable to the school\\ndistrict responsible for such tuition and shall pay such amount to the\\nschool district which has provided instruction to such pupil. The\\ncommissioner is authorized to promulgate regulations to implement the\\nprovisions of this paragraph.\\n 5. a. Children who reside in a school for the mentally retarded\\noperated by the department of mental hygiene and for whom the department\\nhas assumed responsibility for support and maintenance prior to July\\none, nineteen hundred seventy-seven and who are placed in a family home\\nat board, a duly incorporated orphan asylum or other institution for the\\ncare, custody and treatment of children shall be admitted to the schools\\nof the school district in which such family home or institution is\\nlocated. The education department is authorized to reimburse each school\\ndistrict furnishing educational services to such children for the direct\\ncost of such services in accordance with regulations promulgated by the\\ncommissioner and approved by the director of the budget. The educational\\ncosts for these children shall not be otherwise aidable or reimbursable.\\n b. Children who reside in a school for the mentally retarded operated\\nby the department of mental hygiene and for whose support and\\nmaintenance the department assumes responsibility on or after July one,\\nnineteen hundred seventy-seven and who are thereafter placed in a family\\nhome at board, a duly incorporated orphan asylum or other institution\\nfor the care, custody and treatment of children shall be admitted to the\\nschools of the school district in which such family home or institution\\nis located. The education department is authorized to reimburse each\\nschool district furnishing educational services to such children for the\\ndirect cost of such services in accordance with regulations promulgated\\nby the commissioner and approved by the director of the budget. The\\neducational costs for these children shall not be otherwise aidable or\\nreimbursable. The school district in which the child resided at the time\\nthe department of mental hygiene assumed responsibility for the support\\nand maintenance of such child shall reimburse the education department\\nfor its expenditure on behalf of such child in an amount equal to the\\nschool district basic contribution, as such term is defined in\\nsubdivision eight of section four thousand four hundred one of this\\nchapter. The comptroller may deduct from any state funds which become\\ndue to a school district an amount equal to the reimbursement required\\nto be made by such school district in accordance with this paragraph,\\nand the amount so deducted shall not be included in the operating\\nexpense of such district for the purpose of computing the approved\\noperating expense pursuant to paragraph t of subdivision one of section\\nthirty-six hundred two of this chapter. The department of mental hygiene\\nshall notify the education department of the name of the child, the\\nlocation of the family home or institution where the child is to be\\nplaced and the name of the school district in which such child resided\\nat the time the department of mental hygiene assumed responsibility for\\nhis or her support and maintenance.\\n c. (1) The education department is authorized to reimburse each school\\ndistrict furnishing educational services to children residing in schools\\nfor the mentally retarded operated by the office of mental retardation\\nand developmental disabilities for the direct cost of such services in\\naccordance with regulations promulgated by the commissioner and approved\\nby the director of the budget.\\n (2) The school district in which each such child resided at the time\\nthe office of mental retardation and developmental disabilities assumed\\nresponsibility for the support and maintenance of such child shall\\nreimburse the education department for its expenditures on behalf of\\nsuch child, in an amount equal to the school district basic contribution\\nas such term is defined in subdivision eight of section forty-four\\nhundred one of this chapter, for any such child admitted to a state\\nschool for the retarded on or after July first, nineteen hundred\\nseventy-eight. The comptroller may deduct from any state funds which\\nbecome due to a school district an amount equal to the reimbursement\\nrequired to be made by such school district in accordance with this\\nparagraph and the amount so deducted shall not be included in the\\napproved operating expense of such district for the purpose of computing\\nthe approved operating expenses pursuant to paragraph t of subdivision\\none of section thirty-six hundred two of this chapter.\\n d. (1) Children who reside in an intermediate care facility for the\\nmentally retarded, other than a state operated school for the mentally\\nretarded, as defined in regulations of the office of mental retardation\\nand developmental disabilities, shall be admitted to the public schools,\\nexcept as otherwise provided in subparagraph fourteen of this paragraph.\\nThe trustees or board of education of the school district in which such\\nfacility is located shall receive such children in the school or schools\\nof the district for instruction and for the provision of necessary\\nrelated services for a compensation to be fixed by the trustees or board\\nof education, unless such trustees or board of education shall establish\\nto the satisfaction of the commissioner of education that there are\\nvalid and sufficient reasons for refusal to receive such children.\\nEvaluation of the educational needs of such children and placement in\\nappropriate educational programs shall be made in accordance with\\narticle eighty-nine of this chapter.\\n (2) A child who resides in an individualized residential alternative\\nas defined in regulations of the office of mental retardation and\\ndevelopmental disabilities which is located in a school district other\\nthan the school district in which such child's parent or person in\\nparental relation resided at the time such child was placed in an\\ninstitution under the auspices of such office shall be deemed to reside\\nin an intermediate care facility for purposes of this subdivision to the\\nextent such child is enrolled in a home and community based waiver\\nprogram approved by the Health Care Financing Administration.\\n (3) Such intermediate care facility is authorized to contract with the\\ntrustees or board of education of such school district for the provision\\nof services, including transportation.\\n (4) The education department shall reimburse the school district in\\nwhich such intermediate care facility is located for the full cost of\\nall services, which shall, notwithstanding any inconsistent provision of\\nlaw, include transportation services provided pursuant to a contract\\nauthorized by this paragraph. Provided, however, that notwithstanding\\nany other law, rule or regulation to the contrary, that no reimbursement\\nshall be payable pursuant to this subparagraph for due process costs\\nincurred on or after July first, two thousand nine. Such reimbursement\\nshall be for the period from September first through June thirtieth, and\\nstate reimbursement for July and August programs shall be in accordance\\nwith subdivision one of section forty-four hundred eight of this\\nchapter. The provisions of subdivision two of such section forty-four\\nhundred eight shall apply to all July and August programs provided\\npursuant to this section.\\n (5) The school district in which the child resided at the time of\\nplacement in such intermediate care facility shall reimburse the\\neducation department for its expenditure on behalf of such child in an\\namount equal to the school district's basic contribution, as such term\\nis defined in subdivision eight of section forty-four hundred one of\\nthis article for any child first admitted to such intermediate care\\nfacility, on or after July first, nineteen hundred seventy-nine.\\n (6) Upon certification by the commissioner of education, the\\ncomptroller may deduct from any state funds which become due to the\\nschool district an amount equal to the reimbursement required to be made\\nby such school district in accordance with this paragraph, and the\\namount so deducted shall not be included in the operating expense of\\nsuch district for the purpose of computing the approved operating\\nexpenses pursuant to paragraph t of subdivision one of section\\nthirty-six hundred two of this article.\\n (7) Within forty-five days of the placement of a child in a school\\ndistrict, the intermediate care facility shall notify the school\\ndistrict in which the child resided at time of entrance to the\\nintermediate care facility and the school district in which the facility\\nis located. Such notice shall include the name of the child, the\\nlocation of the intermediate care facility, and the name of the school\\ndistrict in which such child resided at the time of placement.\\n (8) A board of education of a school district which receives\\nnotification that a child has been placed in an intermediate care\\nfacility for the mentally retarded may deny financial responsibility for\\nany child by written notice within twenty days of such notification to\\nthe school district furnishing instruction and the intermediate care\\nfacility.\\n (9) An intermediate care facility responsible for placing the child,\\nthe school district furnishing instruction or the parent or guardian of\\nthe child involved may appeal a denial of responsibility to the\\ncommissioner of education. If the commissioner finds that the child was\\nnot a resident of the school district that was notified that the child\\nwas a resident therein, the commissioner shall request the intermediate\\ncare facility to ascertain the correct school district and notify such\\nschool district pursuant to subparagraph six of this paragraph. The\\ncommissioner shall review and determine responsibility for the child in\\nquestion. If the commissioner finds that a child has no residence in\\nthis state, he shall determine that there is no local contribution for\\nsuch child.\\n (10) If the intermediate care facility fails to make a reasonable\\neffort to identify the residence of such a child, such agency shall be\\nresponsible for the local contribution and, upon notification by the\\ncommissioner of education, shall pay such amount to the commissioner of\\neducation.\\n (11) If the intermediate care facility rejects the finding of the\\ncommittee on special education of the school district of attendance, or\\na finding affirmed or revised on appeal, such facility shall retain\\nresponsibility for payment of the cost of instruction of such child.\\n (12) Any final determination or order of the commissioner concerning\\nresidence or placement of any child under this paragraph may only be\\nreviewed in a proceeding brought in the supreme court pursuant to\\narticle seventy-eight of the civil practice law and rules. In any such\\nproceeding, the court may grant any relief authorized by the provisions\\nof section seventy-eight hundred six of such law and rules or may, in\\nits discretion, remand the proceedings to the commissioner. An\\nintermediate care facility attempting to place a child pursuant to this\\nparagraph shall be considered a proper party to any such proceeding.\\n (13) The school district providing educational services to children\\nplaced pursuant to this paragraph shall provide a report on the status\\nof each such child with a handicapping condition annually to the\\ncommittee on special education of the school district in which the child\\nresided at the time of admission to the intermediate care facility for\\nthe mentally retarded. Such report shall also be sent to the parent or\\nguardian of the child and the office of mental retardation and\\ndevelopmental disabilities.\\n (14) The board of education responsible for providing appropriate\\neducational services for a child receiving care in an intermediate care\\nfacility developed pursuant to the residential school bed development\\nprogram, as authorized by chapter fifty-four of the laws of nineteen\\nhundred eighty-five or any subsequent enactment extending such program,\\nshall be the board of education of the school district in which such\\nchild would be deemed to reside but for such child's placement in such\\nan intermediate care facility. The department shall reimburse such\\nschool district of residence for all nonfederally reimbursable costs of\\nsuch educational services in accordance with subparagraph four of this\\nparagraph as if such district were the school district in which the\\nintermediate care facility is located, and such school district of\\nresidence shall be responsible for reimbursement of the department for\\nits expenditure on behalf of the child in an amount equal to the school\\ndistrict basic contribution, as defined in subdivision eight of section\\nfour thousand four hundred one of this chapter. The comptroller may\\ndeduct the amount of such reimbursement from any state funds due the\\ndistrict in the manner prescribed in subparagraph six of this paragraph.\\n e. Notwithstanding the provisions of paragraph a of subdivision five\\nof section thirty-six hundred four of this chapter, the commissioner\\nshall be authorized to grant a waiver excusing the late filing of claims\\nsubmitted for costs incurred pursuant to this subdivision, upon findings\\nthat the school district has submitted a timely request for a waiver and\\nhas submitted proof satisfactory to the commissioner that the delay in\\nfiling was caused by a party other than the school district. A request\\nfor such a waiver, together with all supporting documentation, shall be\\nsubmitted to the commissioner within sixty days after the date on which\\nthis paragraph was enacted, or within fourteen months after the end of\\nthe school year in which services were provided pursuant to this\\nsubdivision, whichever is later.\\n 6. Except as provided in subdivision five of this section or by\\narticle eighty-one of this chapter, children cared for in a hospital or\\nother institution for the care, custody and treatment of children, other\\nthan a school and excepting children of the officers and employees of\\nsuch hospital or institution, shall not, by reason of their presence in\\nsuch hospital or institution, be deemed to be residents of the school\\ndistrict in which such hospital or institution is located. The trustees\\nor board of education of the school district of their residence shall\\nprovide educational services for such children. Such services may be\\nprovided by a tutor employed by the district, by contract with a school\\nconnected with such hospital or institution, or by contract with the\\nlocal public school district in which such hospital or institution is\\nlocated. Such contracts shall be limited to the cost of educational\\nservices and shall not include maintenance or medical services.\\nProvided, however, if such children are supported and maintained at the\\nexpense of a social services district, the cost of said instruction\\nshall be paid by the social services district which is liable for\\npayment of the cost of their support and maintenance. In the case of\\nhospitals or institutions located in the state of New York, the trustees\\nor board of education of a school district in which such a hospital or\\ninstitution is located shall receive such children in the school or\\nschools of the district for instruction for a compensation to be fixed\\nby the trustee or board of education, unless such trustees or board of\\neducation shall establish to the satisfaction of the commissioner of\\neducation that there are valid and sufficient reasons for refusal to\\nreceive such children.\\n * 6-a. Notwithstanding subdivision six of this section or any other\\nlaw to the contrary, the commissioner of the office of children and\\nfamily services shall be responsible for the secular education of youth\\nunder the jurisdiction of the office and may contract for such education\\nwith the trustees or board of education of the school district wherein a\\nfacility for the residential care of such youth is located or with the\\nboard of cooperative educational services at which any such school\\ndistrict is a component district for special education programs, related\\nservices and career and technical education services. A youth attending\\na local public school while in residence at such facility shall be\\ndeemed a resident of the school district where his parent or guardian\\nresides at the commencement of each school year for the purpose of\\ndetermining which school district shall be responsible for the youth's\\ntuition pursuant to section five hundred four of the executive law.\\n * NB Effective until June 30, 2015\\n * 6-a. Notwithstanding subdivision six of this section the director of\\nthe division for youth shall be responsible for the secular education of\\nyouth under the jurisdiction of the division and may contract for such\\neducation with the trustees or board of education of the school district\\nwherein a facility for the residential care of division for youth is\\nlocated. A youth attending a local public school while in residence at\\nsuch facility shall be deemed a resident of the school district where\\nhis parent or guardian resides at the commencement of each school year\\nfor the purpose of determining which school district shall be\\nresponsible for the youth's tuition pursuant to section five hundred\\nfour of the executive law.\\n * NB Effective June 30, 2015\\n * 6-b. The commissioner of mental health may meet his or her\\nobligations under section 33.11 of the mental hygiene law by contracting\\npursuant to this subdivision for educational services for children\\nbetween the ages of five and twenty-one who do not hold a high school\\ndiploma and who are hospitalized in hospitals operated by the office of\\nmental health with the trustees or board of education of any school\\ndistrict for educational services or with a board of cooperative\\neducational services for the provision of special education and related\\nservices to such children in accordance with their individualized\\neducation programs. The costs of such education shall not be a charge\\nupon a school district pursuant to section 33.11 of the mental hygiene\\nlaw.\\n (1) The education department shall reimburse the school district or\\nboard of cooperative educational services providing educational services\\npursuant to this subdivision for the full cost of all services pursuant\\nto the terms of such contract.\\n (2) The commissioner of mental health, with the approval of the\\ndirector of the division of the budget, shall be authorized to transfer\\nfunding to the commissioner of education to the extent necessary to\\nreimburse school districts and boards of cooperative educational\\nservices for services and educational programming provided under such\\ncontracts.\\n (3) Notwithstanding any provision of law to the contrary, nothing in\\nthis subdivision or subparagraph nine of paragraph h of subdivision four\\nof section nineteen hundred fifty of this chapter shall be construed as\\nrequiring participation by any local school district or board of\\ncooperative educational services.\\n * NB Repealed June 30, 2015\\n 7. Youth incarcerated in county correctional facilities or youth\\nshelters. a. A person under twenty-one years of age who has not received\\na high school diploma and who is incarcerated in a correctional facility\\nmaintained by a county or by the city of New York or in a youth shelter\\nis eligible for educational services pursuant to this subdivision and in\\naccordance with the regulations of the commissioner. Such services shall\\nbe provided by the school district in which the facility or youth\\nshelter is located, within the limits of the funds allocated by the\\ncommissioner for such purposes pursuant to section thirty-six hundred\\ntwo of this chapter and pursuant to a plan approved by the commissioner.\\nSchool districts shall submit such plan by July fifteenth of each school\\nyear. Boards of education are authorized to contract for the provision\\nof such educational services by a board of cooperative educational\\nservices or by another public school district.\\n b. Except as otherwise provided in this paragraph, the school district\\nin which the child resided at the time of the child's commitment to the\\ncustody of the sheriff or local commissioner of corrections or youth\\nshelter shall reimburse the education department for its expenditure for\\nthe full time equivalent attendance of such child pursuant to\\nsubdivision thirteen of section thirty-six hundred two of this chapter\\non behalf of such child, in an amount equal to the product of such full\\ntime equivalent attendance and the school district basic contribution,\\nas such term is defined in subdivision eight of section forty-four\\nhundred one of this chapter, provided, however, that such basic\\ncontribution shall be multiplied by the full time equivalent attendance\\nmultiplied by one hundred twenty per centum for such children attending\\nprograms which operate between July first and June thirtieth. If at the\\napplicable time specified in this paragraph a school district other than\\nthe school district in which the child resides is responsible for the\\ncost of instruction of the child or for reimbursement of the state for\\nits expenditure on behalf of the child pursuant to any provision of this\\nchapter, then such other school district shall be responsible for\\nreimbursement of the education department in accordance with this\\nparagraph. Upon certification by the commissioner, the comptroller shall\\ndeduct from any state funds which become due to a school district an\\namount equal to the reimbursement required to be made by such school\\ndistrict in accordance with this paragraph, and the amount so deducted\\nshall not be included in the operating expense of such district for the\\npurpose of computing the approved operating expense pursuant to\\nparagraph t of subdivision one of section thirty-six hundred two of this\\nchapter.\\n c. After admission of a child eligible for educational services\\npursuant to this subdivision, but within a time prescribed by the\\ncommissioner in regulations, the correctional facility maintained by the\\ncounty or the city of New York shall furnish such child with information\\nconcerning the availability of such educational services and shall\\nsubmit a request for educational services to the school district in\\nwhich the facility is located. Such request shall conform to\\nrequirements prescribed by the commissioner by regulation in\\nconsultation with the state commission of correction and shall include,\\nbut shall not be limited to, notice of: the name of the child, the name\\nand location of the facility in which such child is incarcerated, the\\nlast grade completed by the child as reported by the child, the\\nanticipated duration of the incarceration and the last known residence\\nof such child at the time of the child's commitment to custody. The\\nschool district in which the facility is located shall notify other\\nappropriate agencies, including, but not limited to, the education\\ndepartment and the school district identified as being responsible for\\nthe educational costs of such child pursuant to paragraph b of this\\nsubdivision, that such a request for educational services has been\\nreceived. The commissioner shall promulgate regulations specifying the\\ntime within which such notice shall be provided and the contents of such\\nnotice, and establishing a procedure by which a school district may\\nrequest the commissioner to review its identification as the school\\ndistrict responsible for the educational costs of such child.\\n d. Upon release or discharge of a child eligible for educational\\nservices pursuant to this subdivision, the correctional facility shall\\napprise such child that further educational services may be available\\npursuant to this section through the school district in which the child\\nresides or in which the child is otherwise entitled to attend school,\\nand shall, at the request of the student, notify such district of the\\nchild's desire to enroll in such district.\\n e. The state commission of correction shall promulgate rules and\\nregulations in consultation with the commissioner which shall require\\neach correctional facility operated by a county or the city of New York\\nto cooperate with the school district or board of cooperative\\neducational services providing educational services and to comply with\\nthe requirements of this subdivision.\\n f. As used in this subdivision, \"youth shelter\" shall mean an\\nalternative residential facility for the incarceration of youths between\\nthe ages of sixteen and twenty-one who are remanded by the criminal\\ncourts.\\n 8. Homeless children. A homeless child, as defined in subdivision one\\nof section thirty-two hundred nine of this article, over the age of five\\nand under twenty-one years of age, who has not received a high school\\ndiploma, shall be entitled to attend a public school without the payment\\nof tuition, in accordance with the provisions of section thirty-two\\nhundred nine of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3203", "title" : "Selection of school for attendance of children when district line intersects a dwelling", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3203", "activeDate" : "2014-09-22", "sequenceNo" : 1098, "repealedDate" : null, "fromSection" : "3203", "toSection" : "3203", "text" : " § 3203. Selection of school for attendance of children when district\\nline intersects a dwelling. 1. The owner of taxable property that is so\\nlocated that the boundary line between two school districts intersects\\n(a) the dwelling on said property or (b), in the case of an\\nowner-occupied single family dwelling unit, the property on which the\\ndwelling unit is located may designate the school in either of such\\ndistricts to which the children lawfully residing in said dwelling on\\nsaid property shall attend by filing with the district clerk of each of\\nsuch districts a notice of such designation on or before August first in\\nany year and thereafter or, in the case of a single family unit, when\\nsuch dwelling unit is built or when its owner-occupant's first child\\ncommences attending school from such residence and thereafter whenever\\nthe ownership of such taxable property changes hands in an arms length\\ntransaction or, likewise, the first child of its new owner-occupant\\nfirst commences attending school from such residence and, until a\\nsubsequent designation shall be made and filed, such children shall be\\ndeemed to be resident children of the district designated and shall be\\nentitled to the school privileges of such district as resident pupils\\nwithout the payment of tuition.\\n 2. School taxes on such property shall continue to be levied and\\ncollected without reference to the aforesaid designation, but the school\\nauthorities of the district that levies and collects a tax upon such\\nproperty and does not furnish instructional service to the children\\nresiding on such property shall pay to the district designated, in which\\nsuch children are received and instructed, the amount of the tax on such\\nproperty so levied and collected. If any such district shall fail or\\nrefuse on demand to pay the amount of any tax so collected, the school\\nauthorities of the district designated and furnishing the instructional\\nservice may recover the amount in an action therefor.\\n 3. A designation made as provided in this section shall continue until\\na new designation is made or until the district superintendent or\\nsuperintendents having jurisdiction over the districts affected shall\\notherwise order in a proceeding for the alteration of the boundaries of\\nthe districts, but no subsequent designation may be made in any school\\nyear after August first until the close of that school year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3204", "title" : "Instruction required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-27", "2022-04-15", "2022-07-08", "2025-05-16" ], "docLevelId" : "3204", "activeDate" : "2014-09-22", "sequenceNo" : 1099, "repealedDate" : null, "fromSection" : "3204", "toSection" : "3204", "text" : " § 3204. Instruction required. 1. Place of instruction. A minor\\nrequired to attend upon instruction by the provisions of part one of\\nthis article may attend at a public school or elsewhere. The\\nrequirements of this section shall apply to such a minor, irrespective\\nof the place of instruction.\\n 2. Quality and language of instruction; text-books. Instruction may be\\ngiven only by a competent teacher. In the teaching of the subjects of\\ninstruction prescribed by this section, English shall be the language of\\ninstruction, and text-books used shall be written in English, except\\nthat for a period of three years, which period may be extended by the\\ncommissioner with respect to individual pupils, upon application\\ntherefor by the appropriate school authorities, to a period not in\\nexcess of six years, from the date of enrollment in school, pupils who,\\nby reason of foreign birth or ancestry have limited English proficiency,\\nshall be provided with instructional programs as specified in\\nsubdivision two-a of this section and the regulations of the\\ncommissioner. The purpose of providing such pupils with instruction\\nshall be to enable them to develop academically while achieving\\ncompetence in the English language. Instruction given to a minor\\nelsewhere than at a public school shall be at least substantially\\nequivalent to the instruction given to minors of like age and\\nattainments at the public schools of the city or district where the\\nminor resides.\\n 2-a. Instructional programs for pupils of limited English proficiency.\\n1. Each school district which is receiving total foundation aid shall\\ndevelop a comprehensive plan consistent with requirements as the\\ncommissioner may establish in regulations to meet the educational needs\\nof pupils of limited English proficiency. Such plan shall include a\\ndescription of the programs, activities and services used to meet the\\neducational needs of pupils of limited English proficiency that comply\\nwith the regulations of the commissioner governing such programs. By\\nJuly first, two thousand eight, the commissioner shall develop\\nguidelines for the enhancement of services for such pupils, which shall\\ninclude but not be limited to the replication of existing model programs\\nthat have been effective in meeting the needs of such pupils, and shall\\nestablish eligibility standards for incentive grants to improve services\\nto such pupils and the competitive process that will be used to award\\nsuch grants. On or before March first of each year commencing with March\\nfirst, two thousand nine, the commissioner shall submit a report to the\\ngovernor, the director of the budget, the speaker of the assembly, the\\ntemporary president of the senate, the chair of the fiscal committees of\\nthe senate and assembly on the expenditure of state, local and federal\\nfunds by school districts in the prior school year on programs,\\nactivities and services for pupils of limited English proficiency, along\\nwith recommendations for improvement of such programs.\\n 2. The board of education of each school district receiving such funds\\nshall provide a program of bilingual education or English as a second\\nlanguage for eligible pupils and may contract with a board of\\ncooperative educational services or another school district to provide\\nsuch program, provided that in a city having a population of one million\\nor more, the community school boards shall provide such program in the\\nschools within their jurisdiction.\\n 3. Eligibility for such programs shall be based on the following\\ncriteria. A pupil who by reason of foreign birth or ancestry speaks a\\nlanguage other than English, and either understands and speaks little or\\nno English, or who has been identified by any English language\\nassessment instrument approved by the commissioner as a pupil of limited\\nEnglish proficiency, shall receive a program of bilingual education or\\nEnglish as a second language in accordance with standards established by\\nthe commissioner. A pupil's proficiency in the English language shall be\\nmeasured annually by such language assessment instrument in order to\\ndetermine further participation in bilingual education or English as a\\nsecond language program in accordance with standards established by the\\ncommissioner, subject to the provisions of subdivision two of this\\nsection. The parent or guardian of a pupil designated as limited English\\nproficient shall be informed by the local school authorities of the\\npupil's placement in an instructional program.\\n 4. Bilingual programs shall be designed to:\\n (a) provide content instruction for children of limited English\\nproficiency using the child's native language and English;\\n (b) provide native language instruction; and\\n (c) provide English as a second language instruction.\\n 5. English as a second language program shall be designed to develop\\nskills in listening, speaking, reading and writing the English language,\\nand assist in the learning of content areas through monolingual\\ninstruction in English.\\n 6. The commissioner shall establish, by regulation, standards for\\napproved programs for pupils of limited English proficiency.\\n 7. After a pupil is enrolled in a regular instructional program, he\\nmay receive additional instruction in his native language.\\n 8. A school district which provides a program of bilingual education\\nor English as a second language designed to meet the needs of pupils of\\nlimited English proficiency, shall be empowered to:\\n (a) impart to pupils a knowledge of the history and culture associated\\nwith their native languages;\\n (b) establish closer cooperation between the school and the home;\\n (c) provide early childhood educational programs related to the\\npurposes of this section and designed to improve the potential for\\nprofitable learning activities by children;\\n (d) offer adult education programs related to the purposes of this\\nsection, particularly for parents of pupils with limited English\\nproficiency;\\n (e) provide programs designed for dropouts or potential dropouts\\nhaving need of such programs; and\\n (f) provide other activities deemed desirable to further the purposes\\nof this section.\\n 9. Any duly authorized local educational agency or agencies is hereby\\nempowered to make application for any grant or grants in furtherance of\\nthis section under any public law enacted by the United States Congress.\\n 2-b. Gifted instruction in schools. The governing board of any school\\ndistrict and any community school district is hereby empowered to\\ndetermine the circumstances wherein instruction shall be given to meet\\nthe special needs of gifted pupils as provided in this chapter.\\n 3. Courses of study. a. (1) The course of study for the first eight\\nyears of full time public day schools shall provide for instruction in\\nat least the twelve common school branches of arithmetic, reading,\\nspelling, writing, the English language, geography, United States\\nhistory, civics, hygiene, physical training, the history of New York\\nstate and science.\\n (2) The courses of study and of specialized training beyond the first\\neight years of full time public day schools shall provide for\\ninstruction in at least the English language and its use, in civics,\\nhygiene, physical training, and American history including the\\nprinciples of government proclaimed in the Declaration of Independence\\nand established by the constitution of the United States.\\n (3) The courses of study beyond the first eight years of full time\\npublic day schools may provide a program for a course in \"communism and\\nits methods and its destructive effects\".\\n b. For part time day schools. The course of study of a part time\\npublic day school shall include such subjects as will enlarge the civic\\nand vocational intelligence and skill of the minors required to attend.\\n c. For evening schools. In a public evening school instruction shall\\nbe given in at least speaking, reading, and writing English.\\n d. For parental schools. In a parental school provision shall be made\\nfor vocational training and for instruction in other subjects\\nappropriate to the minor's age and attainments.\\n e. Changes in courses of study. The state education department shall\\nhave power to alter the subjects of instruction as prescribed in this\\nsection.\\n 4. Length of school sessions. a. A full time day school or class,\\nexcept as otherwise prescribed, shall be in session for not less than\\none hundred ninety days each year, inclusive of legal holidays that\\noccur during the term of said school and exclusive of Saturdays.\\n b. A part time day school or class shall be in session each year for\\nat least four hours of each week during which the full time day schools\\nare in session.\\n c. Evening schools shall be in session each year as follows:\\n (1) In cities having a population of one hundred thousand or more, on\\nat least one hundred nights;\\n (2) In cities having a population of fifty thousand but less than one\\nhundred thousand, on at least seventy-five nights;\\n (3) In each other city, and in each school district where twenty or\\nmore persons from seventeen to twenty-one years of age are required to\\nattend upon evening instruction, on at least fifty nights.\\n 4-a. Special education. Every pupil, having been determined to be a\\n\"child with a handicapping condition\" by a committee on the handicapped,\\nshall be offered an opportunity to receive the benefits of an\\nappropriate public education as prescribed in article eighty-nine of\\nthis chapter.\\n 5. Subject to rules and regulations of the board of regents, a pupil\\nmay, consistent with the requirements of public education and public\\nhealth, be excused from such study of health and hygiene as conflicts\\nwith the religion of his parents or guardian. Such conflict must be\\ncertified by a proper representative of their religion as defined by\\nsection two of the religious corporations law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3205", "title" : "Attendance of minors upon full time day instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2017-09-15", "2019-12-27" ], "docLevelId" : "3205", "activeDate" : "2014-09-22", "sequenceNo" : 1100, "repealedDate" : null, "fromSection" : "3205", "toSection" : "3205", "text" : " § 3205. Attendance of minors upon full time day instruction. 1. a. In\\neach school district of the state, each minor from six to sixteen years\\nof age shall attend upon full time instruction.\\n b. Each minor from six to sixteen years of age on an Indian\\nreservation shall attend upon full time day instruction.\\n c. For purposes of this article, a minor who becomes six years of age\\non or before the first of December in any school year shall be required\\nto attend upon full time instruction from the first day that the\\nappropriate public schools are in session in September of such school\\nyear, and a minor who becomes six years of age after the first of\\nDecember in any school year shall be required to attend upon full time\\ninstruction from the first day of session in the following September;\\nand, except as otherwise provided in subdivision three of this section,\\nshall be required to remain in attendance until the last day of session\\nin the school year in which the minor becomes sixteen years of age.\\n 2. Exceptions. a. A minor who has completed a four-year high school\\ncourse of study shall not be subject to the provisions of part one of\\nthis article in respect to required attendance upon instruction.\\n b. A minor for whom application for a full-time employment certificate\\nhas been made and who is eligible therefor may, though unemployed, be\\npermitted to attend part time school not less than twenty hours per week\\ninstead of full time school.\\n c. The board of education of the Syracuse city school district and the\\nboard of education of the city school district of the city of New York,\\nthe board of education of the city school district of the city of\\nRochester and the board of education of the city school district of the\\ncity of Utica and the board of education of the city school district of\\nthe city of Buffalo are hereby authorized to require minors who are five\\nyears of age on or before December first to attend kindergarten\\ninstruction. However, the provisions of this paragraph shall not apply\\nto:\\n (i) Minors whose parents elect not to enroll their children in school\\nuntil the following September.\\n (ii) Students enrolled in non-public schools or in home instruction.\\n 3. In each school district, the board of education shall have power to\\nrequire minors from sixteen to seventeen years of age who are not\\nemployed to attend upon full time day instruction until the last day of\\nsession in the school year in which the student becomes seventeen years\\nof age.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3206", "title" : "Attendance of minors upon part time instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3206", "activeDate" : "2014-09-22", "sequenceNo" : 1101, "repealedDate" : null, "fromSection" : "3206", "toSection" : "3206", "text" : " § 3206. Attendance of minors upon part time instruction. 1. The board\\nof education of a city or district shall have power to require each\\nemployed minor from sixteen to seventeen years of age to attend upon\\npart time instruction in accordance with the provisions of this section.\\n 2. A minor who is a graduate of a four-year high school course of\\nstudy shall not be required to attend upon part time instruction.\\n 3. The attendance of an employed minor required to attend upon part\\ntime instruction by a board of education in accordance with the\\nprovisions of this section shall be for not less than four, nor more\\nthan eight hours per week, and on such day or days of the week as the\\nschool authorities may determine.\\n 4. An employed minor, while temporarily unemployed, or a minor\\nattending part time school under the provisions of subdivision two,\\nparagraph b, of section thirty-two hundred five, required to attend part\\ntime instruction by a board of education in accordance with the\\nprovisions of this section, shall attend upon part time instruction for\\nnot less than twenty hours a week. An employed minor shall be deemed to\\nbe temporarily unemployed until he reenters lawful employment or attends\\nupon full time day instruction.\\n 5. The absence of an employed minor during a rush season may be\\npermitted by the school authorities on condition that the minor attend a\\ngreater number of hours per week thereafter until the absence is made\\nup, and provided that the minor's employer is a party to such an\\nagreement.\\n 6. An absence due to unlawful cause may be required to be made up by\\nattendance in excess of the number of hours per week otherwise required.\\n 7. The school authorities of a city or district shall have power after\\na hearing to establish a half-time system or program of employment and\\nrequired attendance at part time schools for minors who are included by\\nthe provisions of this section.\\n 8. Each minor above the age of sixteen years and under the age of\\neighteen years, who is not in regular full-time day attendance at a\\npublic, private or parochial school or who is regularly and lawfully\\nemployed in some occupation or service, unless such minor has completed\\na four year secondary course of instruction approved by the regents of\\nthe university, shall attend a part-time school or class in the city or\\ndistrict in which such minor resides or may be employed, provided the\\nboard of education of such city or district has enacted appropriate\\nrules and regulations requiring attendance at such part-time schools\\nunder the provisions of section forty-six hundred one. Such attendance\\nshall be subject to the provisions of article ninety-three of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3207", "title" : "Attendance upon evening instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3207", "activeDate" : "2014-09-22", "sequenceNo" : 1102, "repealedDate" : null, "fromSection" : "3207", "toSection" : "3207", "text" : " § 3207. Attendance upon evening instruction. In each city and school\\ndistrict in which evening instruction is provided, under the provisions\\nof part one of this article, each person from seventeen to twenty-one\\nyears of age who is unable to speak, read and write English as required\\nfor the completion of the fifth year of the elementary school course of\\nstudy, and who is not attending upon equivalent day instruction, shall\\nattend upon such evening instruction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3207-A", "title" : "Service of persons seventeen years of age as election inspectors or poll clerks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-07-28" ], "docLevelId" : "3207-A", "activeDate" : "2014-09-22", "sequenceNo" : 1103, "repealedDate" : null, "fromSection" : "3207-A", "toSection" : "3207-A", "text" : "§ 3207-a. Service of persons seventeen years of age as election\\ninspectors or poll clerks. A school district may permit an enrolled\\nstudent, with the consent of such student's parent, guardian, or other\\nperson in parental relation, to serve as an election inspector or poll\\nclerk pursuant to section 3-400 of the election law (and other\\napplicable provisions of this chapter and the labor law). For the\\npurposes of attendance, any student so serving while school is in\\nsession shall be recorded as in attendance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3208", "title" : "Attendance; screening of new entrants; prohibition against mandatory medication", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "3208", "activeDate" : "2014-09-22", "sequenceNo" : 1104, "repealedDate" : null, "fromSection" : "3208", "toSection" : "3208", "text" : " * § 3208. Attendance; screening of new entrants; prohibition against\\nmandatory medication. 1. A person included by the provisions of this\\npart shall be required to attend upon instruction only if in proper\\nmental and physical condition.\\n 2. A person whose mental or physical condition is such that his or her\\nattendance upon instruction under the provisions of this part would\\nendanger the health or safety of such person or of others shall not be\\npermitted to attend, provided that nothing in this section shall be\\nconstrued to authorize a denial of access to education based on\\ndisability in violation of state or federal law.\\n 3. If a person's mental or physical condition, by virtue of which he\\nor she is not required or permitted to attend upon instruction, is due\\nto a mental or physical condition which may be remedied by the taking of\\nreasonable measures, such mental or physical condition shall justify\\nonly the temporary failure of the person to attend.\\n 4. The determination of mental or physical condition under the\\nprovisions of this part shall be based upon actual examination made by a\\nperson or persons qualified by appropriate training and experience, in\\naccordance with regulations of the department. The department shall\\ndesignate persons having the required qualifications to make such mental\\nor physical examinations on behalf of any local school authorities,\\nexcept that in a city having a population of one million or more the\\nsuperintendent of schools shall designate such persons.\\n 4-a. Officers or employees of the state, a school district, a board of\\ncooperative educational services, a charter school, an approved private\\nschool for the education of students with disabilities approved pursuant\\nto paragraph e, f, g or h of subdivision two of section forty-four\\nhundred one of this chapter, an approved provider of preschool special\\neducation approved pursuant to section forty-four hundred ten of this\\nchapter or a state-supported school operating pursuant to article\\nforty-five of this chapter, shall be prohibited from requiring a child\\nwho is entitled to attend school pursuant to subdivision one of section\\nthirty-two hundred two of this part to obtain a prescription for a\\nsubstance covered by the federal controlled substances act, section\\neight hundred one of title twenty-one of the United States code, et\\nseq., as a condition of attending school, receiving an evaluation or\\nreevaluation pursuant to article eighty-nine of this chapter or any\\nother provision of law relating to students with disabilities or\\nreceiving special education programs or services.\\n 5. a. Each board of education or trustees of each school district\\nshall provide for the screening of every new entrant to school to\\ndetermine which pupils are or may be children with disabilities or\\ngifted children, as well as all pupils who score below level two on\\neither the third grade English language arts or mathematics assessments\\nfor New York state elementary schools, in accordance with regulations of\\nthe commissioner to determine whether such pupils may have disabilities.\\n b. Such screening shall include, but not be limited to:\\n (1) A physical examination pursuant to the provisions of sections nine\\nhundred one, nine hundred three and nine hundred four of this chapter,\\nincluding proof of immunization as required by section twenty-one\\nhundred sixty-four of the public health law.\\n (2) A language development assessment.\\n c. If such screening indicates a suspected disability, which may\\nrequire the provision of special education services or programs, a\\nreferral shall be made to the committee on special education.\\n d. If such screening indicates a possibly gifted child, the name and\\nfinding shall be reported to the superintendent of schools of such\\ndistrict and to the parent or legal guardian of such child. Such\\nnotification shall not be construed as an entitlement for services for\\nany such child identified as possibly gifted.\\n * NB Effective until June 30, 2015\\n * § 3208. Attendance; proper mental and physical condition. 1. A\\nperson included by the provisions of part one of this article shall be\\nrequired to attend upon instruction only if in proper mental and\\nphysical condition.\\n 2. A person whose mental or physical condition is such that his\\nattendance upon instruction under the provisions of part one of this\\narticle would endanger the health or safety of himself or of others\\nshall not be permitted to attend.\\n 3. If a person's mental or physical condition, by virtue of which he\\nis not required or permitted to attend upon instruction, is due to\\nphysical defects or to a physical condition which may be remedied by the\\ntaking of reasonable measures, such mental or physical condition shall\\njustify only the temporary failure of the person to attend.\\n 4. The determination of mental or physical condition under the\\nprovisions of part one of this article shall be based upon actual\\nexamination made by a person or persons qualified by appropriate\\ntraining and experience, in accordance with regulations of the state\\neducation department. The state education department shall designate\\npersons having the required qualifications to make such mental or\\nphysical examinations on behalf of any local school authorities, except\\nthat in a city having a population of one million or more the\\nsuperintendent of schools shall designate such persons.\\n 5. a. Each board of education or trustees of each school district\\nshall provide for the screening of every new entrant to school to\\ndetermine which pupils are or may be children with handicapping\\nconditions or gifted, as well as all pupils who score below level two on\\neither the third grade reading or mathematics tests for New York state\\nelementary schools and all students who obtain a comparable percentile\\nscore on the regents preliminary competency test, in accordance with\\nregulations of the commissioner to determine whether such pupils may\\nhave handicapping conditions.\\n b. Such screening shall include, but not be limited to:\\n (1) A physical examination pursuant to the provisions of sections nine\\nhundred one, nine hundred three and nine hundred four of this chapter,\\nincluding proof of immunization as required by section twenty-one\\nhundred sixty-four of the public health law.\\n (2) A language development assessment.\\n c. If such screening indicates a suspected handicapping condition,\\nwhich may require the provision of special education services or\\nprograms, a referral shall be made to the committee on special\\neducation.\\n d. If such screening indicates a possibly gifted child, the name and\\nfinding shall be reported to the superintendent of schools of such\\ndistrict and to the parent or legal guardian of such child. Such\\nnotification shall not be construed as an entitlement for services for\\nany such child identified as possibly gifted.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3208-A", "title" : "Special proceeding to determine physical capacity of student to participate in athletic programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3208-A", "activeDate" : "2014-09-22", "sequenceNo" : 1105, "repealedDate" : null, "fromSection" : "3208-A", "toSection" : "3208-A", "text" : " § 3208-a. Special proceeding to determine physical capacity of student\\nto participate in athletic programs. 1. Upon a school district's\\ndetermination that a student shall not be permitted to participate in an\\nathletic program by reason of a physical impairment, based on a medical\\nexamination conducted by the school physician, the student may commence\\na special proceeding in the supreme court pursuant to the provisions of\\narticle four of the civil practice law and rules to enjoin the school\\ndistrict from prohibiting his participation. Such special proceeding\\nmay be brought in the county in which the student resides or in the\\ncounty in which the school district is located.\\n 2. The petition in the proceeding shall be a verified petition of a\\nparent or guardian of the student. The petition shall have annexed\\naffidavits of at least two licensed physicians setting forth that in\\ntheir opinion the student is physically capable of participating in an\\nathletic program, that participation would be reasonably safe, and any\\nspecial or preventive measures or devices needed to protect the student.\\n 3. The court shall grant such petition if it is satisfied that it is\\nin the best interest of the student to participate in an athletic\\nprogram and that it is reasonably safe for him to do so.\\n 4. No school district shall be held liable for an injury sustained by\\na student granted an order under this section provided such injury is\\nincurred during such student's actual participation in an athletic\\nprogram and, provided further, that such injury is attributable to the\\nphysical impairment for which such court order was obtained.\\n 5. Unless specifically prohibited by the court, an order granted\\npursuant to the provisions of this section shall be considered valid and\\nsufficient for subsequent years, provided that the student has not\\nchanged athletic programs and, further, that two licensed physicians set\\nforth current affidavits that, in their opinion, the student's physical\\nimpairment has not changed since the time of the original court order.\\n 6. In no event shall a successful petitioner be entitled to costs in\\nany proceeding brought pursuant to this section.\\n 7. The school district shall not be responsible for providing or bear\\nthe cost of, any special or preventive measures or devices needed to\\nprotect the student unless such special or preventive measures or\\ndevices are contained in a student's individual education plan\\nrecommended by the school district committee on the handicapped and such\\nstudent is a child with a handicapping condition, as defined in section\\nforty-four hundred one of this chapter.\\n 8. A physically impaired child eligible to commence a special\\nproceeding as provided by this section shall be defined as any child\\ndetermined by a school physician as ineligible for participation on the\\nbasis of the regulations of the state education department, the American\\nMedical Association Guide for Medical Evaluation for Candidates for\\nSchool Sports, or by any standard established by the school district\\ninvolved.\\n 9. An athletic program for the purpose of this section shall include\\nintramural activities, inter-school activities, extramural activities,\\nand organized practice as defined by section 135.1 by the commissioner\\nof education's regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3209", "title" : "Education of homeless children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-04-28", "2017-08-18", "2018-04-27", "2019-05-03", "2019-05-24", "2020-04-17", "2021-04-23", "2022-04-15" ], "docLevelId" : "3209", "activeDate" : "2014-09-22", "sequenceNo" : 1106, "repealedDate" : null, "fromSection" : "3209", "toSection" : "3209", "text" : " § 3209. Education of homeless children. 1. Definitions.\\n * a. Homeless child. For the purposes of this article, the term\\n\"homeless child\" shall mean:\\n (1) a child or youth who lacks a fixed, regular, and adequate\\nnighttime residence, including a child or youth who is:\\n (i) sharing the housing of other persons due to a loss of housing,\\neconomic hardship or a similar reason;\\n (ii) living in motels, hotels, trailer parks or camping grounds due to\\nthe lack of alternative adequate accommodations;\\n (iii) abandoned in hospitals;\\n (iv) awaiting foster care placement; or\\n (v) a migratory child, as defined in subsection two of section\\nthirteen hundred nine of the Elementary and Secondary Education Act of\\n1965, as amended, who qualifies as homeless under any of the provisions\\nof clauses (i) through (iv) of this subparagraph or subparagraph two of\\nthis paragraph; or\\n (2) a child or youth who has a primary nighttime location that is:\\n (i) a supervised publicly or privately operated shelter designed to\\nprovide temporary living accommodations including, but not limited to,\\nshelters operated or approved by the state or local department of social\\nservices, and residential programs for runaway and homeless youth\\nestablished pursuant to article nineteen-H of the executive law; or\\n (ii) a public or private place not designed for, or ordinarily used\\nas, a regular sleeping accommodation for human beings, including a child\\nor youth who is living in a car, park, public space, abandoned building,\\nsubstandard housing, bus or train stations or similar setting.\\n * NB Effective until June 30, 2015\\n * a. Homeless child. For the purposes of this article, the term\\n\"homeless child\" shall mean:\\n (1) a child who lacks a fixed, regular, and adequate nighttime\\nresidence; or\\n (2) a child who has a primary nighttime location that is:\\n (i) a supervised publicly or privately operated shelter designed to\\nprovide temporary living accommodations including, but not limited to,\\nshelters operated or approved by the state or local department of social\\nservices, and residential programs for runaway and homeless youth\\nestablished pursuant to article nineteen-H of the executive law; or\\n (ii) a public or private place not designed for, or ordinarily used\\nas, a regular sleeping accommodation for human beings.\\n (3) the term \"homeless child\" shall not include a child in foster care\\nor receiving educational services pursuant to subdivision four, five,\\nsix, six-a or seven of section thirty-two hundred two of this article or\\npursuant to article eighty-one, eighty-five, eighty-seven or\\neighty-eight of this chapter.\\n * NB Effective June 30, 2015\\n * a-1. Exception. For the purposes of this article the term \"homeless\\nchild\" shall not include a child in a foster care placement or receiving\\neducational services pursuant to subdivision four, five, six, six-a or\\nseven of section thirty-two hundred two of this article or pursuant to\\narticle eighty-one, eighty-five, eighty-seven or eighty-eight of this\\nchapter.\\n * NB Effective until June 30, 2015\\n b. Designator. The term \"designator\" shall mean:\\n (1) the parent or the person in parental relation to a homeless child;\\nor\\n (2) the homeless child, if no parent or person in parental relation is\\navailable; or\\n (3) the director of a residential program for runaway and homeless\\nyouth established pursuant to article nineteen-H of the executive law,\\nin consultation with the homeless child, where such homeless child is\\nliving in such program.\\n c. School district of origin. The term \"school district of origin\"\\nshall mean the school district within the state of New York in which the\\nhomeless child was attending a public school on a tuition-free basis or\\nwas entitled to attend when circumstances arose which caused such child\\nto become homeless, which is different from the school district of\\ncurrent location. Whenever the school district of origin is designated\\npursuant to subdivision two of this section, the child shall be entitled\\nto return to the school building where previously enrolled.\\n d. School district of current location. The term \"school district of\\ncurrent location\" shall mean the public school district within the state\\nof New York in which the hotel, motel, shelter or other temporary\\nhousing arrangement of a homeless child, or the residential program for\\nrunaway and homeless youth, is located, which is different from the\\nschool district of origin. Whenever the school district of current\\nlocation is designated pursuant to subdivision two of this section, the\\nchild shall be entitled to attend the school that is zoned for his or\\nher temporary location or any school that nonhomeless students who live\\nin the same attendance zone in which the homeless child or youth is\\ntemporarily residing are entitled to attend.\\n e. Regional placement plan. The term \"regional placement plan\" shall\\nmean a comprehensive regional approach to the provision of educational\\nplacements for homeless children which has been approved by the\\ncommissioner.\\n 2. Choice of district.\\n a. The designator shall have the right to designate one of the\\nfollowing as the school district within which the homeless child shall\\nbe entitled to attend upon instruction:\\n (1) the school district of current location;\\n (2) the school district of origin; or\\n (3) a school district participating in a regional placement plan.\\n b. (1) Notwithstanding any other provision of law to the contrary,\\nwhere the public school district in which a homeless child is\\ntemporarily housed is the same school district the child was attending\\non a tuition-free basis or was entitled to attend when circumstances\\narose which caused the child to become homeless, the homeless child\\nshall be entitled to attend the schools of such district without the\\npayment of tuition in accordance with subdivision one of section\\nthirty-two hundred two of this article. Such child may choose to remain\\nin the public school building they previously attended until the end of\\nthe school year and for one additional year if that year constitutes the\\nchild's terminal year in such building in lieu of the school serving the\\nattendance zone in which the temporary housing facility is located.\\n (2) Notwithstanding any other provision of law to the contrary, where\\nthe public school or school district a homeless child was attending on a\\ntuition-free basis or was entitled to attend when circumstances arose\\nwhich caused the child to become homeless is located outside the state,\\nthe homeless child shall be deemed a resident of the school district in\\nwhich the hotel, motel, shelter or other temporary housing arrangement\\nof the child is currently located and shall be entitled to attend the\\nschools of such district without payment of tuition in accordance with\\nsubdivision one of section thirty-two hundred two of this article. Such\\ndistrict of residence shall not be considered a school district of\\norigin or a school district of current location for purposes of this\\nsection.\\n c. Notwithstanding the provisions of paragraph a of this subdivision,\\na homeless child who has designated the school district of current\\nlocation as the district of attendance and who has relocated to another\\ntemporary housing arrangement outside of such district, or to a\\ndifferent attendance zone or community school district within such\\ndistrict, shall be entitled to continue the prior designation to enable\\nthe student to remain in the same school building until the end of the\\nschool year and for one additional year if that year constitutes the\\nchild's terminal year in such building.\\n d. Such designation shall be made on forms specified by the\\ncommissioner, and shall include the name of the child, the name of the\\nparent or person in parental relation to the child, the name and\\nlocation of the temporary housing arrangement, the name of the school\\ndistrict of origin, the name of the school district where the child's\\nrecords are located, the complete address where the family was located\\nat the time circumstances arose which caused such child to become\\nhomeless and any other information required by the commissioner. All\\nschool districts, temporary housing facilities operated or approved by a\\nlocal social services district, and residential facilities for runaway\\nand homeless youth shall make such forms available. Where the homeless\\nchild is located in a temporary housing facility operated or approved by\\na local social services district, or a residential facility for runaway\\nand homeless youth, the director of the facility or a person designated\\nby the social services district, shall, within two business days, assist\\nthe designator in completing the designation forms and enrolling the\\nhomeless child in the designated school district.\\n e. Upon receipt of the designation form, the designated school\\ndistrict shall immediately:\\n (1) admit the homeless child;\\n (2) treat the homeless child as a resident for all purposes;\\n (3) make a written request to the school district where the child's\\nrecords are located for a copy of such records; and\\n (4) forward the designation form to the commissioner, and the school\\ndistrict of origin where applicable.\\n f. Within five days of receipt of a request for records pursuant to\\nsubparagraph three of paragraph e of this subdivision, the school\\ndistrict shall forward, in a manner consistent with state and federal\\nlaw, a complete copy of the homeless child's records including, but not\\nlimited to, proof of age, academic records, evaluations, immunization\\nrecords, and guardianship papers, if applicable.\\n g. The commissioner shall promulgate regulations setting forth the\\ncircumstances pursuant to which a change in designation may be made and\\nestablishing a procedure for the identification of the school district\\nof origin.\\n * 2-a. Notwithstanding any other provision of law to the contrary,\\neach local educational agency, as such term is defined in subsection\\ntwenty-six of section ninety-one hundred one of the Elementary and\\nSecondary Education Act of 1965, shall designate a local educational\\nagency liaison for homeless children and youths and shall, consistent\\nwith the provisions of this section, otherwise comply with the\\napplicable requirements of paragraphs three through seven of subsection\\n(g) of section seven hundred twenty-two of subtitle B of title VII of\\nthe McKinney-Vento Assistance Act.\\n * NB Repealed June 30, 2015\\n 3. Reimbursement.\\n a. Where either the school district of current location or a school\\ndistrict participating in a regional placement plan is designated as the\\ndistrict in which the homeless child shall attend upon instruction and\\nsuch homeless child's school district of origin is within New York\\nstate, the school district providing instruction shall be eligible for\\nreimbursement by the department, as approved by the commissioner, for\\nthe direct cost of educational services, not otherwise reimbursed under\\nspecial federal programs, calculated pursuant to regulations of the\\ncommissioner for the period of time for which such services are\\nprovided. The claim for such reimbursement shall be in a form prescribed\\nby the commissioner. The educational costs for such children shall not\\nbe otherwise aidable or reimbursable.\\n b. The school district of origin shall reimburse the department for\\nits expenditure for educational services on behalf of a homeless child\\npursuant to paragraph a of this subdivision in an amount equal to the\\nschool district basic contribution, as such term is defined in\\nsubdivision eight of section forty-four hundred one of this chapter,\\npro-rated for the period of time for which such services were provided\\nin the base year by a school district other than the school district of\\norigin. Upon certification by the commissioner, the comptroller shall\\ndeduct from any state funds which become due to the school district of\\norigin an amount equal to the reimbursement required to be made by such\\nschool district in accordance with this paragraph, and the amount so\\ndeducted shall not be included in the operating expense of such district\\nfor the purpose of computing the approved operating expense pursuant to\\nparagraph t of subdivision one of section thirty-six hundred two of this\\nchapter.\\n 4. Transportation.\\n a. A social services district shall provide for the transportation of\\neach homeless child who is eligible for benefits pursuant to section\\nthree hundred fifty-j of the social services law, to and from a\\ntemporary housing location in which the child was placed by the social\\nservices district and the school attended by such child pursuant to this\\nsection, if such temporary housing facility is located outside of the\\ndesignated school district pursuant to paragraph a of subdivision two of\\nthis section. A social services district shall be authorized to contract\\nwith a board of education or a board of cooperative educational services\\nfor the provision of such transportation. This paragraph shall apply to\\nplacements made by a social services district without regard to whether\\na payment is made by the district to the operator of the temporary\\nhousing facility.\\n b. The division for youth, to the extent funds are provided for such\\npurpose, as determined by the director of the budget, shall provide for\\nthe transportation of each homeless child who is living in a residential\\nprogram for runaway and homeless youth established pursuant to article\\nnineteen-H of the executive law, to and from such residential program,\\nand the school attended by such child pursuant to this section, if such\\ntemporary housing location is located outside the designated school\\ndistrict. The division for youth or the director of a residential\\nprogram for runaway and homeless youth shall be authorized to contract\\nwith a school district or a board of cooperative educational services\\nfor the provision of such transportation.\\n c. Notwithstanding any other provision of law, any homeless child not\\nentitled to receive transportation pursuant to paragraph a of this\\nsubdivision who requires transportation in order to attend a school\\ndistrict designated pursuant to paragraph a of subdivision two of this\\nsection outside of the district in which such child is housed, shall be\\nentitled to receive such transportation pursuant to this paragraph. If\\nthe designated school district pursuant to paragraph a of subdivision\\ntwo of this section is the school district of origin or a school\\ndistrict participating in a regional placement plan, such school\\ndistrict shall provide transportation to and from the child's temporary\\nhousing location and the school the child legally attends. Such\\ntransportation shall not be in excess of fifty miles each way except\\nwhere the commissioner certifies that transportation in excess of fifty\\nmiles is in the best interest of the child. Any cost incurred for such\\ntransportation that is allowable pursuant to the applicable provision of\\nparts two and three of article seventy-three of this chapter or herein,\\nshall be aidable pursuant to subdivision seven of section thirty-six\\nhundred two of this chapter, provided that the approved transportation\\nexpense shall not exceed an amount determined by the commissioner to be\\nthe total cost for providing the most cost-effective mode of such\\ntransportation in a manner consistent with commissioner's regulations.\\nThe commissioner shall promulgate regulations setting forth the\\ncircumstances pursuant to which parent accompaniment for transportation\\nmay be reimbursable, including but not limited to: the age of the child;\\nthe distance of the transportation; the cost-effectiveness of the\\ntransportation; and whether the child has a handicapping condition.\\n d. Notwithstanding any other provision of law, where a homeless child\\ndesignates the school district of current location as the district the\\nchild will attend, such school district shall provide transportation to\\nsuch child on the same basis as a resident student.\\n e. Notwithstanding any other provision of law, if a homeless child\\nchooses to remain in the public school building the child previously\\nattended pursuant to subparagraph one of paragraph b of subdivision two\\nof this section or paragraph c of subdivision two of this section the\\nschool district shall provide transportation to and from the child's\\ntemporary housing location and the school the child legally attends if\\nsuch temporary housing is located in a different attendance zone or\\ncommunity school district within such district. The cost of such\\ntransportation shall be reimbursed in accordance with the provisions of\\nparagraph c of this subdivision.\\n 5. a. By January thirty-first, nineteen hundred ninety-five, the\\ncommissioner, the commissioner of social services, and the director of\\nthe division for youth shall develop a plan to ensure coordination and\\naccess to education for homeless children and shall annually review such\\nplan.\\n b. The commissioner shall periodically monitor local school districts\\nto ensure their compliance with the provisions of this article, and that\\nsuch districts review and revise any local regulations, policies, or\\npractices that may act as barriers to the enrollment or attendance of\\nhomeless children in school or their receipt of comparable services as\\ndefined in Part B of Title VII of the Federal Stewart B. McKinney Act.\\n c. School districts shall periodically report such information to the\\ncommissioner as he or she may require to carry out the purposes of this\\nsection.\\n 6. Public welfare officials, except as otherwise provided by law,\\nshall furnish indigent children with suitable clothing, shoes, books,\\nfood, transportation and other necessaries to enable them to attend upon\\ninstruction as required by law. Upon demonstration of need, such\\nnecessaries shall also include transportation of indigent children for\\nthe purposes of evaluations pursuant to section forty-four hundred ten\\nof this chapter and title II-A of article twenty-five of the public\\nhealth law.\\n 7. The commissioner may promulgate regulations to carry out the\\npurposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3209-A", "title" : "Child abuse prevention", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3209-A", "activeDate" : "2014-09-22", "sequenceNo" : 1107, "repealedDate" : null, "fromSection" : "3209-A", "toSection" : "3209-A", "text" : " § 3209-a. Child abuse prevention. Each school district of the state\\nshall: (1) develop, maintain and disseminate written policies and\\nprocedures pursuant to title six of article six of the social services\\nlaw and applicable provisions of article ten of the family court act,\\nregarding the mandatory reporting of child abuse or neglect, reporting\\nprocedures and obligations of persons required to report, provisions for\\ntaking a child into protective custody, mandatory reporting of deaths,\\nimmunity from liability, penalties for failure to report and obligations\\nfor the provision of services and procedures necessary to safeguard the\\nlife or health of the child; and (2) establish, and implement on an\\nongoing basis, a training program for all current and new school\\nofficials regarding the policies and procedures established pursuant to\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3210", "title" : "Amount and character of required attendance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26" ], "docLevelId" : "3210", "activeDate" : "2014-09-22", "sequenceNo" : 1108, "repealedDate" : null, "fromSection" : "3210", "toSection" : "3210", "text" : " § 3210. Amount and character of required attendance. 1. Regularity\\nand conduct. a. A minor required by the provisions of part one of this\\narticle to attend upon instruction shall attend regularly as prescribed\\nwhere he resides or is employed, for the entire time the appropriate\\npublic schools or classes are in session and shall be subordinate and\\norderly while so attending.\\n b. Absence for religious observance and education shall be permitted\\nunder rules that the commissioner shall establish.\\n c. In the event that a person requests the release of a minor required\\nby the provisions of part one of this article to attend upon\\ninstruction, the identity of such person shall be verified against a\\nlist of names provided by the person or persons in parental relation to\\nthe minor, as defined in section two of this chapter, at the time of\\nsuch minor's enrollment. The school district may adopt appropriate\\nprocedures for the purpose of submitting a list of names at a later date\\nor updating the list of names provided by the person or persons in\\nparental relation. If such person is identified as one of those persons\\nincluded on such list, such minor may be released from attendance. If\\nsuch person is identified as a person not included on such list, such\\nminor may not be released except in the event of an emergency as\\ndetermined in the sole discretion of the principal of the school, or his\\ndesignee, provided that the person or persons in parental relation to\\nthe minor have been contacted and have agreed to such release. A school\\ndistrict may presume that either parent of the student has authority to\\nobtain the release of said minor unless the school district has been\\nprovided with a certified copy of the legally binding instrument such as\\nthe court order or decree of divorce, separation or custody which\\nprovides evidence to the contrary. No situation shall be deemed an\\nemergency until the facts of such situation have been verified by such\\nprincipal or his designee. No civil or criminal liability shall arise or\\nattach to any school district or employee thereof for any act or\\nomission to act as a result of, or in connection with, the duties or\\nactivities authorized or directed by this paragraph. The foregoing\\nprocedure shall not apply to release of a minor pursuant to the\\nprotective custody provisions of the social services law and the family\\ncourt act.\\n 2. Attendance elsewhere than at a public school. a. Hours of\\nattendance. If a minor included by the provisions of part one of this\\narticle attends upon instruction elsewhere than at a public school, he\\nshall attend for at least as many hours, and within the hours specified\\ntherefor.\\n b. Absence. Absence from required attendance shall be permitted only\\nfor causes allowed by the general rules and practices of the public\\nschools. Absence for religious observance and education shall be\\npermitted under rules that the commissioner shall establish.\\n c. Holidays and vacations. Holidays and vacations shall not exceed in\\ntotal amount and number those allowed by the public schools.\\n d. Exception. In applying the foregoing requirements a minor required\\nto attend upon full time day instruction by the provisions of part one\\nof this article may be permitted to attend for a shorter school day or\\nfor a shorter school year or for both, provided, in accordance with the\\nregulations of the state education department, the instruction he\\nreceives has been approved by the school authorities as being\\nsubstantially equivalent in amount and quality to that required by the\\nprovisions of part one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3211", "title" : "Records of attendance upon instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3211", "activeDate" : "2014-09-22", "sequenceNo" : 1109, "repealedDate" : null, "fromSection" : "3211", "toSection" : "3211", "text" : " § 3211. Records of attendance upon instruction. 1. Who shall keep\\nsuch record. The teacher of every minor required by the provisions of\\npart one of this article to attend upon instruction, or any other school\\ndistrict employee as may be designated by the commissioner of education\\nunder section three thousand twenty-four of this chapter, shall keep an\\naccurate record of the attendance and absence of such minor. Such record\\nshall be in such form as may be prescribed by the commissioner of\\neducation.\\n 2. Certificates of attendance to be presumptive evidence. A duly\\ncertified transcript of the record of attendance and absence of a child\\nwhich has been kept, as provided in this section, shall be accepted as\\npresumptive evidence of the attendance of such child in any proceeding\\nbrought under the provisions of part one of this article.\\n 3. Inspection of records of attendance. An attendance officer, or any\\nother duly authorized representative of the school authorities, may at\\nany time during school hours, demand the production of the records of\\nattendance of minors required to be kept by the provisions of part one\\nof this article, and may inspect or copy the same and make all proper\\ninquiries of a teacher or principal concerning the records and the\\nattendance of such minors.\\n 4. Duties of principal or person in charge of the instruction of a\\nminor. The principal of a school, or other person in charge of the\\ninstruction upon which a minor attends, as provided by part one of this\\narticle, shall cause the record of his attendance to be kept and\\nproduced and all appropriate inquiries in relation thereto answered as\\nhereinbefore required. He shall give prompt notification in writing to\\nthe school authorities of the city or district of the discharge or\\ntransfer of any such minor from attendance upon instruction, stating the\\ndate of the discharge, its cause, the name of the minor, his date of\\nbirth, his place of residence prior to and following discharge, if such\\nplace of residence be known, and the name of the person in parental\\nrelation to the minor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3211-A", "title" : "Reports of reading tests", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3211-A", "activeDate" : "2014-09-22", "sequenceNo" : 1110, "repealedDate" : null, "fromSection" : "3211-A", "toSection" : "3211-A", "text" : " § 3211-a. Reports of reading tests. The results of any standardized\\nreading test administered by a district or school to determine the level\\nat which a pupil is capable of reading shall be reported to the parents\\n(including persons in parental relationship) of any pupil who shall\\nattain a score at the twenty-third percentile or below. Local school\\ndistricts shall determine the means of reporting these scores to\\nparents. If the parent requests an interpretation of such test results,\\nsuch scores shall be interpreted for the parent by a certified teacher\\nof reading, or, in the absence of a certified teacher of reading, by\\nother appropriate school district personnel.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3212", "title" : "Definition of persons in parental relation and their duties; duties of certain other persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3212", "activeDate" : "2014-09-22", "sequenceNo" : 1111, "repealedDate" : null, "fromSection" : "3212", "toSection" : "3212", "text" : " § 3212. Definition of persons in parental relation and their duties;\\nduties of certain other persons. 1. Definition. As used in this article,\\na person in parental relation to another individual shall include his\\nfather or mother, by birth or adoption, his step-father or step-mother,\\nhis legally appointed guardian, or his custodian. A person shall be\\nregarded as the custodian of another individual if he has assumed the\\ncharge and care of such individual because the parents or legally\\nappointed guardian of such individual have died, are imprisoned, are\\nmentally ill, or have been committed to an institution, or because, they\\nhave abandoned or deserted such individual or are living outside the\\nstate or their whereabouts are unknown, or have designated the person\\npursuant to title fifteen-A of article five of the general obligations\\nlaw as a person in parental relation to the child.\\n 2. Duties of persons in parental relation. Every person in parental\\nrelation to another individual included by the provisions of part one of\\nthis article:\\n a. Shall submit at the time such individual begins to attend upon\\ninstruction evidence of age as required for the issuance of an\\nemployment certificate, or show that such evidence cannot be produced.\\nWhen such evidence cannot be produced, or when circumstances exist which\\nreasonably indicate that such individual may be a missing child, the\\nsuperintendent of schools or his or her authorized representative shall\\nreport and make inquiry to the statewide central register for missing\\nchildren pursuant to section eight hundred thirty-seven-e of the\\nexecutive law. If such child appears to match a child registered with\\nthe statewide central register for missing children, or one registered\\nwith the national crime information center register, the superintendent\\nor his or her authorized representative shall immediately contact the\\nlocal law enforcement authority. No civil or criminal liability shall\\narise or attach to any school district or employee thereof for any act\\nor omission to act as a result of, or in connection with, the duties or\\nactivities authorized or directed by this paragraph.\\n b. Shall cause such individual to attend upon instruction as\\nhereinbefore required, and to comply with the provisions of part one of\\nthis article with respect to the employment or occupation of minors in\\nany business or service whatever.\\n c. Shall cause such individual to be placed in proper physical\\ncondition to attend upon required instruction, if his physical condition\\nis remediable by the taking of reasonable measures.\\n d. Shall furnish proof that an individual who is not attending upon\\ninstruction at a public or parochial school in the city or district\\nwhere the person in parental relation resides is attending upon required\\ninstruction elsewhere. Failure to furnish such proof shall be\\npresumptive evidence that such individual is not attending.\\n e. Shall furnish, with respect to an individual from seventeen to\\ntwenty-one years of age, on demand of a duly authorized representative\\nof the school authorities, satisfactory proof that he is able to speak,\\nread and write English as required for the completion of the fifth year\\nof the elementary school course of study, or cause such individual to\\nsubmit to an examination to determine his ability in these respects.\\n 3. Exception. A person in parental relation to another individual\\nincluded by the foregoing provisions of this section shall not be\\nsubject thereto if it can be shown that he is unable to control such\\nindividual.\\n 4. Duties of certain individuals from sixteen to twenty-one years of\\nage. An individual from sixteen to twenty-one years of age, if not under\\nthe control of a person in parental relation, shall comply with such\\nrequirements of part one of this article as are applicable.\\n 5. Duties of other persons.\\n a. No person shall induce another individual to absent himself from\\nattendance upon required instruction or harbor him while he is absent or\\naid or abet him in violating any provision of part one of this article.\\n b. No person shall interfere with an attendance officer in the lawful\\npursuit of his duties, or neglect or refuse to answer his lawful\\ninquiries.\\n c. No person shall violate any provision of part one of this article\\nin relation to employment of minors, duties of employers, issuance or\\ntransfer of any paper authorizing the employment of minors.\\n d. No person shall make a false oral or written statement in or in\\nrelation to any employment certificate or other paper required by part\\none of this article as to any matter required to appear therein.\\n f. No person shall present as his own any substitute, altered or\\ntransferred certificate or badge.\\n 6. Birth certificates. For the purpose of part one of this article,\\nthe board of health upon request shall furnish to the school\\nauthorities, or to the person in parental relation to a minor, or to an\\nindividual from seventeen to twenty-one years of age, a duly certified\\ntranscript of the birth certificate, filed according to law, of an\\nindividual from five to twenty-one years of age.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3212-A", "title" : "Records of telephone numbers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3212-A", "activeDate" : "2014-09-22", "sequenceNo" : 1112, "repealedDate" : null, "fromSection" : "3212-A", "toSection" : "3212-A", "text" : " § 3212-a. Records of telephone numbers. 1. Each school shall maintain\\na record of the telephone number of each pupil enrolled in the school\\nand each person in parental relation to such pupil including the\\nresidential and business telephone numbers of persons in parental\\nrelation to pupils unless such person or pupil chooses not to supply\\nsuch numbers. The record of such telephone numbers shall, except as\\notherwise provided by law, be accessible solely for emergency purposes.\\n 2. The provisions of this section shall not be applicable in any\\nschool district in which the board of education has adopted a resolution\\nproviding that the record otherwise required hereby shall not be\\nmaintained.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3213", "title" : "Supervisors of attendance; attendance teachers; attendance officers; appointment, compensation, powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3213", "activeDate" : "2014-09-22", "sequenceNo" : 1113, "repealedDate" : null, "fromSection" : "3213", "toSection" : "3213", "text" : " § 3213. Supervisors of attendance; attendance teachers; attendance\\nofficers; appointment, compensation, powers and duties. 1. Appointment,\\nremoval, compensation and supervision. a. To the end that children shall\\nnot suffer through unnecessary failure to attend school for any cause\\nwhatsoever, it shall be the duty of each attendance teacher and each\\nattendance supervisor to secure for every child his right to educational\\nopportunities which will enable him to develop his fullest\\npotentialities for education, physical, social and spiritual growth as\\nan individual and to provide for the school adjustment of any\\nnonattendant child in cooperation with school authorities, special\\nschool services and community and social agencies.\\n The school authorities of each city school district, union free school\\ndistrict, central school district, central high school district, or\\ncommon school district whose limits include in whole or in part an\\nincorporated village, shall appoint and may remove one or more\\nsupervisors of attendance or attendance teachers of such district. A\\nsupervisor of attendance shall be appointed in accordance with the civil\\nservice law and rules, unless he or she is a licensed attendance teacher\\nor a teacher licensed to teach in New York state, with such further\\nqualifications as the board of regents shall establish. On and after\\nJuly first, nineteen hundred fifty-five no full-time supervisor of\\nattendance shall be appointed unless he or she holds a license as\\nattendance teacher. Such supervisors of attendance and those holding\\nfull-time positions who are similarly licensed teachers or who hold\\nattendance teacher licenses shall be assigned to the step in the salary\\nschedule of the school district commensurate with the salary being paid\\nsuch supervisors or teachers. Such persons shall be paid thereafter in\\naccordance with such schedule. If the amount of salary received on said\\nJuly first, nineteen hundred fifty-five is less than the minimum step of\\nthe salary schedule, such supervisor or teacher shall be paid until June\\nthirtieth, nineteen hundred fifty-six at the rate of the first step and\\nin accordance with the schedule thereafter.\\n No supervisor of attendance or attendance teacher shall be appointed\\nwho is not twenty-one years of age and in proper physical condition.\\n In the establishment of an eligible list advanced education related to\\nattendance service shall be taken into consideration in the grading of\\nthe candidates. Experience in teaching, in social service and welfare\\nwork, and in business or in the professional field shall likewise be\\ntaken into consideration.\\n Paragraph a of subdivision one of this section shall apply to a city\\nin which attendance supervisors are appointed from an eligible list now\\nprepared by a board of examiners.\\n Supervisors of attendance in a city having a board of examiners shall\\nbe licensed as attendance teachers only when they comply with the\\nregulations for such license as established by the commissioner of\\neducation and any additional requirements which may be established by\\nthe board of examiners.\\n The board of education shall fix the compensation of part-time\\nsupervisors of attendance and prescribe their duties not inconsistent\\nwith part one of this article and make rules and regulations for the\\nperformance thereof. The superintendent of schools or district\\nsuperintendent of schools shall supervise the enforcement of part one of\\nthis article within such city or school district.\\n b. The town board of each town, with the approval, in writing, of the\\ndistrict superintendent, shall appoint, on or before August first of\\neach year, one or more attendance officers and shall fix their\\ncompensation. During the school year it shall also fill promptly any\\nvacancy after notification thereof by the district superintendent. The\\ndistrict superintendent shall promptly notify the town board of his\\napproval or disapproval of an appointment. If within one month a town\\nboard shall not comply with the foregoing provisions, the district\\nsuperintendent, subject to appeal to the commissioner of education,\\nshall exercise the powers and duties of the town board with respect\\nthereto. An attendance officer appointed for a town shall have\\njurisdiction over all school districts of the town which are not\\notherwise provided for by this section. He shall be removable at the\\npleasure of the district superintendent. His compensation and his\\nnecessary expenses in attending conferences called by the district\\nsuperintendent shall be a town charge.\\n c. In case a school district shall include territory lying within the\\nboundaries of more than one town, the attendance officer appointed by\\nthe town in which the schoolhouse is located shall have jurisdiction\\nover the entire school district.\\n 2. Powers and duties. a. Arrest of truants. A supervisor of\\nattendance, attendance teacher or attendance officer, as the case may\\nbe, may arrest without warrant any minor who is unlawfully absent from\\nattendance upon instruction. He shall forthwith place the minor so\\narrested in attendance upon required instruction and shall notify the\\nparent or guardian of the minor, and he may then begin proceedings for\\nhis commitment as a school delinquent or arraign him before a court\\nhaving jurisdiction. Where a minor resides in one school district and\\nattends school in another school district, the supervisor of attendance,\\nattendance teacher or attendance officer of the district where the minor\\nresides and the supervisor of attendance, attendance teacher or\\nattendance officer of the district where said minor attends school shall\\nhave concurrent jurisdiction with reference to said minor and to the\\nperson or persons in parental relation to him.\\n b. Right of entry.\\n (1) A supervisor of attendance, attendance teacher or attendance\\nofficer, as the case may be, in the performance of his duties, may enter\\nduring business hours any factory, mercantile or other establishment, or\\nother place in which a minor is believed to be employed within the city\\nor school district in which he is appointed, and shall be entitled to\\nexamine on demand the employment certificates or work permits of minors\\ntherein employed, for whose lawful employment such certificates or\\npermits are required by the provisions of part one of this article.\\n (2) He may also enter any public place during the hours in which the\\npublic have access thereto, to ascertain if any minor is therein who is\\nrequired to attend upon instruction by the provisions of part one of\\nthis article, or engaged in a street trade contrary to the provisions of\\npart one of this article, or to collect information required for the\\nschool census.\\n c. Notification upon absence. It shall be the duty of every school\\ndistrict to inform persons in parental relation to elementary school\\npupils of such person's right to be notified when such pupil is deemed\\nabsent from attendance at his designated school. Persons in parental\\nrelation to elementary school pupils shall, if such notification is\\ndesired, forward a request in writing to the principal of the pupil's\\ndesignated school. Such request shall contain the telephone number of\\nperson or persons in parental relation to the pupil or other information\\nto facilitate communication with such persons by the most expedient\\nmeans available. No civil or criminal liability shall arise or attach to\\nany school district or employee thereof for any act or omission to act\\nas a result of, or in connection with, the duties or activities\\nauthorized or directed by this paragraph.\\n d. Notification when deemed absent. A supervisor of attendance,\\nattendance teacher, attendance officer, or other person authorized by\\nthe school district, as the case may be, shall, where a request for\\nnotification has been made pursuant to paragraph c of this subdivision,\\nnotify a person in parental relation to any elementary school pupil by\\nthe means designated in such request when such pupil is deemed absent\\nfrom required attendance at his designated school without prior\\nnotification and consent to such absence by the person in parental\\nrelation. No civil or criminal liability shall arise or attach to any\\nschool district or employee thereof for any act or omission to act as a\\nresult of, or in connection with, the duties or activities authorized or\\ndirected by this paragraph.\\n e. To the extent that supervisors of attendance, attendance teachers\\nand attendance officers act pursuant to this subdivision and subdivision\\none of this section for the purpose of carrying out the provisions of\\npart one of this article, they shall be deemed to have acted within the\\nscope of their employment. Such personnel shall continue to have all the\\npowers, duties and responsibilities conferred on them by law prior to\\nthe date on which the provisions of this paragraph become effective.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3214", "title" : "Student placement, suspensions and transfers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-10", "2015-07-17", "2016-04-08", "2017-04-21", "2017-08-18", "2018-04-27", "2018-07-06", "2019-04-19", "2019-05-03", "2020-04-17", "2021-04-23", "2021-07-30", "2022-04-15", "2022-05-06", "2023-05-12", "2024-07-05" ], "docLevelId" : "3214", "activeDate" : "2014-09-22", "sequenceNo" : 1114, "repealedDate" : null, "fromSection" : "3214", "toSection" : "3214", "text" : " § 3214. Student placement, suspensions and transfers. 1. School\\ndelinquent. A minor under seventeen years of age, required by any of the\\nprovisions of part one of this article to attend upon instruction, who\\nis an habitual truant from such instruction or is irregular in such\\nattendance or insubordinate or disorderly or disruptive or violent\\nduring such attendance, is a school delinquent.\\n 2. Special day schools. The school authorities of any city or school\\ndistrict may establish schools or set apart rooms in public school\\nbuildings for the instruction of school delinquents, and fix the number\\nof days per week and the hours per day of required attendance, which\\nshall not be less than is required of minors attending the full time day\\nschools.\\n 2-a. a. Violent pupil. For the purposes of this section, a violent\\npupil is an elementary or secondary student under twenty-one years of\\nage who:\\n (1) commits an act of violence upon a teacher, administrator or other\\nschool employee;\\n (2) commits, while on school district property, an act of violence\\nupon another student or any other person lawfully upon said property;\\n (3) possesses, while on school district property, a gun, knife,\\nexplosive or incendiary bomb, or other dangerous instrument capable of\\ncausing physical injury or death;\\n (4) displays, while on school district property, what appears to be a\\ngun, knife, explosive or incendiary bomb or other dangerous instrument\\ncapable of causing death or physical injury;\\n (5) threatens, while on school district property, to use any\\ninstrument that appears capable of causing physical injury or death;\\n (6) knowingly and intentionally damages or destroys the personal\\nproperty of a teacher, administrator, other school district employee or\\nany person lawfully upon school district property; or\\n (7) knowingly and intentionally damages or destroys school district\\nproperty.\\n b. Disruptive pupil. For the purposes of this section, a disruptive\\npupil is an elementary or secondary student under twenty-one years of\\nage who is substantially disruptive of the educational process or\\nsubstantially interferes with the teacher's authority over the\\nclassroom.\\n 3. Suspension of a pupil. a. The board of education, board of trustees\\nor sole trustee, the superintendent of schools, district superintendent\\nof schools or principal of a school may suspend the following pupils\\nfrom required attendance upon instruction:\\n A pupil who is insubordinate or disorderly or violent or disruptive,\\nor whose conduct otherwise endangers the safety, morals, health or\\nwelfare of others.\\n b. (1) The board of education, board of trustees, or sole trustee,\\nsuperintendent of schools, district superintendent of schools and the\\nprincipal of the school where the pupil attends shall have the power to\\nsuspend a pupil for a period not to exceed five school days. In the case\\nof such a suspension, the suspending authority shall provide the pupil\\nwith notice of the charged misconduct. If the pupil denies the\\nmisconduct, the suspending authority shall provide an explanation of the\\nbasis for the suspension. The pupil and the person in parental relation\\nto the pupil shall, on request, be given an opportunity for an informal\\nconference with the principal at which the pupil and/or person in\\nparental relation shall be authorized to present the pupil's version of\\nthe event and to ask questions of the complaining witnesses. The\\naforesaid notice and opportunity for an informal conference shall take\\nplace prior to suspension of the pupil unless the pupil's presence in\\nthe school poses a continuing danger to persons or property or an\\nongoing threat of disruption to the academic process, in which case the\\npupil's notice and opportunity for an informal conference shall take\\nplace as soon after the suspension as is reasonably practicable.\\n (2) A teacher shall immediately report and refer a violent pupil to\\nthe principal or superintendent for a violation of the code of conduct\\nand a minimum suspension period pursuant to section twenty-eight hundred\\none of this chapter.\\n c. * (1) No pupil may be suspended for a period in excess of five\\nschool days unless such pupil and the person in parental relation to\\nsuch pupil shall have had an opportunity for a fair hearing, upon\\nreasonable notice, at which such pupil shall have the right of\\nrepresentation by counsel, with the right to question witnesses against\\nsuch pupil and to present witnesses and other evidence on his or her\\nbehalf. Where the pupil is a student with a disability or a student\\npresumed to have a disability, the provisions of paragraph g of this\\nsubdivision shall also apply. Where a pupil has been suspended in\\naccordance with this subparagraph by a superintendent of schools,\\ndistrict superintendent of schools, or community superintendent, the\\nsuperintendent shall personally hear and determine the proceeding or\\nmay, in his or her discretion, designate a hearing officer to conduct\\nthe hearing. The hearing officer shall be authorized to administer oaths\\nand to issue subpoenas in conjunction with the proceeding before him or\\nher. A record of the hearing shall be maintained, but no stenographic\\ntranscript shall be required and a tape recording shall be deemed a\\nsatisfactory record. The hearing officer shall make findings of fact\\nand recommendations as to the appropriate measure of discipline to the\\nsuperintendent. The report of the hearing officer shall be advisory\\nonly, and the superintendent may accept all or any part thereof. An\\nappeal will lie from the decision of the superintendent to the board of\\neducation who shall make its decision solely upon the record before it.\\nThe board may adopt in whole or in part the decision of the\\nsuperintendent of schools. Where the basis for the suspension is, in\\nwhole or in part, the possession on school grounds or school property by\\nthe student of any firearm, rifle, shotgun, dagger, dangerous knife,\\ndirk, razor, stiletto or any of the weapons, instruments or appliances\\nspecified in subdivision one of section 265.01 of the penal law, the\\nhearing officer or superintendent shall not be barred from considering\\nthe admissibility of such weapon, instrument or appliance as evidence,\\nnotwithstanding a determination by a court in a criminal or juvenile\\ndelinquency proceeding that the recovery of such weapon, instrument or\\nappliance was the result of an unlawful search or seizure.\\n * NB Effective until June 30, 2015\\n * (1) No pupil may be suspended for a period in excess of five school\\ndays unless such pupil and the person in parental relation to such pupil\\nshall have had an opportunity for a fair hearing, upon reasonable\\nnotice, at which such pupil shall have the right of representation by\\ncounsel, with the right to question witnesses against such pupil and to\\npresent witnesses and other evidence on his behalf. Where a pupil has\\nbeen suspended in accordance with this subdivision by a superintendent\\nof schools, district superintendent of schools, or community\\nsuperintendent, the superintendent shall personally hear and determine\\nthe proceeding or may, in his discretion, designate a hearing officer to\\nconduct the hearing. The hearing officer shall be authorized to\\nadminister oaths and to issue subpoenas in conjunction with the\\nproceeding before him. A record of the hearing shall be maintained, but\\nno stenographic transcript shall be required and a tape recording shall\\nbe deemed a satisfactory record. The hearing officer shall make findings\\nof fact and recommendations as to the appropriate measure of discipline\\nto the superintendent. The report of the hearing officer shall be\\nadvisory only, and the superintendent may accept all or any part\\nthereof. An appeal will lie from the decision of the superintendent to\\nthe board of education who shall make its decision solely upon the\\nrecord before it. The board may adopt in whole or in part the decision\\nof the superintendent of schools. Where the basis for the suspension is,\\nin whole or in part, the possession on school grounds or school property\\nby the student of any firearm, rifle, shotgun, dagger, dangerous knife,\\ndirk, razor, stiletto or any of the weapons, instruments or appliances\\nspecified in subdivision one of section 265.01 of the penal law, the\\nhearing officer or superintendent shall not be barred from considering\\nthe admissibility of such weapon, instrument or appliance as evidence,\\nnotwithstanding a determination by a court in a criminal or juvenile\\ndelinquency proceeding that the recovery of such weapon, instrument or\\nappliance was the result of an unlawful search or seizure.\\n * NB Effective June 30, 2015\\n (2) Where a pupil has been suspended in accordance with this section\\nby a board of education, the board may in its discretion hear and\\ndetermine the proceeding or appoint a hearing officer who shall have the\\nsame powers and duties with respect to the board that a hearing officer\\nhas with respect to a superintendent where the suspension was ordered by\\nhim. The findings and recommendations of the hearing officer conducting\\nthe proceeding shall be advisory and subject to final action by the\\nboard of education, each member of which shall before voting review the\\ntestimony and acquaint himself with the evidence in the case. The board\\nmay reject, confirm or modify the conclusions of the hearing officer.\\n * d. (1) Consistent with the federal gun-free schools act, any public\\nschool pupil who is determined under this subdivision to have brought a\\nfirearm to or possessed a firearm at a public school shall be suspended\\nfor a period of not less than one calendar year and any nonpublic school\\npupil participating in a program operated by a public school district\\nusing funds from the elementary and secondary education act of nineteen\\nhundred sixty-five who is determined under this subdivision to have\\nbrought a firearm to or possessed a firearm at a public school or other\\npremises used by the school district to provide such programs shall be\\nsuspended for a period of not less than one calendar year from\\nparticipation in such program. The procedures of this subdivision shall\\napply to such a suspension of a nonpublic school pupil. A superintendent\\nof schools, district superintendent of schools or community\\nsuperintendent shall have the authority to modify this suspension\\nrequirement for each student on a case-by-case basis. The determination\\nof a superintendent shall be subject to review by the board of education\\npursuant to paragraph c of this subdivision and the commissioner\\npursuant to section three hundred ten of this chapter. Nothing in this\\nsubdivision shall be deemed to authorize the suspension of a student\\nwith a disability in violation of the individuals with disabilities\\neducation act or article eighty-nine of this chapter. A superintendent\\nshall refer the pupil under the age of sixteen who has been determined\\nto have brought a weapon or firearm to school in violation of this\\nsubdivision to a presentment agency for a juvenile delinquency\\nproceeding consistent with article three of the family court act except\\na student fourteen or fifteen years of age who qualifies for juvenile\\noffender status under subdivision forty-two of section 1.20 of the\\ncriminal procedure law. A superintendent shall refer any pupil sixteen\\nyears of age or older or a student fourteen or fifteen years of age who\\nqualifies for juvenile offender status under subdivision forty-two of\\nsection 1.20 of the criminal procedure law, who has been determined to\\nhave brought a weapon or firearm to school in violation of this\\nsubdivision to the appropriate law enforcement officials.\\n (2) Nothing in this paragraph shall be deemed to mandate such action\\nby a school district pursuant to subdivision one of this section where\\nsuch weapon or firearm is possessed or brought to school with the\\nwritten authorization of such educational institution in a manner\\nauthorized by article two hundred sixty-five of the penal law for\\nactivities approved and authorized by the trustees or board of education\\nor other governing body of the public school and such governing body\\nadopts appropriate safeguards to ensure student safety.\\n (3) As used in this paragraph:\\n (i) \"firearm\" shall mean a firearm as defined in subsection a of\\nsection nine hundred twenty-one of title eighteen of the United States\\nCode; and\\n (ii) \"weapon\" shall be as defined in paragraph 2 of subsection g of\\nsection nine hundred thirty of title eighteen of the United States Code.\\n * NB Effective until June 30, 2015\\n * d. Consistent with the federal gun-free schools act of nineteen\\nhundred ninety-four, any public school pupil who is determined under\\nthis subdivision to have brought a weapon to school shall be suspended\\nfor a period of not less than one calendar year and any nonpublic school\\npupil participating in a program operated by a public school district\\nusing funds from the elementary and secondary education act of nineteen\\nhundred sixty-five who is determined under this subdivision to have\\nbrought a weapon to a public school or other premises used by the school\\ndistrict to provide such programs shall be suspended for a period of not\\nless than one calendar year from participation in such program. The\\nprocedures of this subdivision shall apply to such a suspension of a\\nnonpublic school pupil. A superintendent of schools, district\\nsuperintendent of schools or community superintendent shall have the\\nauthority to modify this suspension requirement for each student on a\\ncase-by-case basis. The determination of a superintendent shall be\\nsubject to review by the board of education pursuant to paragraph c of\\nthis subdivision and the commissioner pursuant to section three hundred\\nten of this chapter. Nothing in this subdivision shall be deemed to\\nauthorize the suspension of a student with a disability in violation of\\nthe individuals with disabilities education act or article eighty-nine\\nof this chapter. A superintendent shall refer the pupil under the age of\\nsixteen who has been determined to have brought a weapon to school in\\nviolation of this subdivision to a presentment agency for a juvenile\\ndelinquency proceeding consistent with article three of the family court\\nact except a student fourteen or fifteen years of age who qualifies for\\njuvenile offender status under subdivision forty-two of section 1.20 of\\nthe criminal procedure law. A superintendent shall refer any pupil\\nsixteen years of age or older or a student fourteen or fifteen years of\\nage who qualifies for juvenile offender status under subdivision\\nforty-two of section 1.20 of the criminal procedure law, who has been\\ndetermined to have brought a weapon to school in violation of this\\nsubdivision to the appropriate law enforcement officials.\\n * NB Effective June 30, 2015\\n e. Procedure after suspension. Where a pupil has been suspended\\npursuant to this subdivision and said pupil is of compulsory attendance\\nage, immediate steps shall be taken for his or her attendance upon\\ninstruction elsewhere or for supervision or detention of said pupil\\npursuant to the provisions of article seven of the family court act.\\nWhere a pupil has been suspended for cause, the suspension may be\\nrevoked by the board of education whenever it appears to be for the best\\ninterest of the school and the pupil to do so. The board of education\\nmay also condition a student's early return to school and suspension\\nrevocation on the pupil's voluntary participation in counseling or\\nspecialized classes, including anger management or dispute resolution,\\nwhere applicable.\\n * f. Whenever the term \"board of education or superintendent of\\nschools\" is used in this subdivision, it shall be deemed to include\\ncommunity boards of education and community superintendents governing\\ncommunity districts in accordance with the provisions of article\\nfifty-two-A of this chapter.\\n * NB Effective until June 30, 2015\\n * f. Whenever the term \"board of education or superintendent of\\nschools\" is used in this subdivision, it shall be deemed to include\\ncommunity boards of education and community superintendents governing\\ncommunity districts in accordance with the provisions of article\\nfifty-two-A of this chapter. For the purpose of this subdivision, the\\nterm \"weapon\" means a firearm as such term is defined in section nine\\nhundred twenty-one of title eighteen of the United States code.\\n * NB Effective June 30, 2015\\n * g. Discipline of students with disabilities and students presumed to\\nhave a disability for discipline purposes. (1) Notwithstanding any other\\nprovision of this subdivision to the contrary, a student with a\\ndisability as such term is defined in section forty-four hundred one of\\nthis chapter and a student presumed to have a disability for discipline\\npurposes, may be suspended or removed from his or her current\\neducational placement for violation of school rules only in accordance\\nwith the procedures established in this section, the regulations of the\\ncommissioner implementing this paragraph, and subsection (k) of section\\nfourteen hundred fifteen of title twenty of the United States code and\\nthe federal regulations implementing such statute, as such federal law\\nand regulations are from time to time amended. Nothing in this paragraph\\nshall be construed to confer greater rights on such students than are\\nconferred under applicable federal law and regulations, or to limit the\\nability of a school district to change the educational placement of a\\nstudent with a disability in accordance with the procedures in article\\neighty-nine of this chapter.\\n (2) As used in this paragraph:\\n (1) a \"student presumed to have a disability for discipline purposes\"\\nshall mean a student who the school district is deemed to have knowledge\\nwas a student with a disability before the behavior that precipitated\\ndisciplinary action under the criteria in subsection (k) (5) of section\\nfourteen hundred fifteen of title twenty of the United States code and\\nthe federal regulations implementing such statute; and\\n (ii) a \"manifestation team\" means a representative of the school\\ndistrict, the parent or person in parental relation, and relevant\\nmembers of the committee on special education, as determined by the\\nparent or person in parental relation and the district.\\n (3) In applying the federal law consistent with this section:\\n (i) in the event of a conflict between the procedures established in\\nthis section and those established in subsection (k) of section fourteen\\nhundred fifteen of title twenty of the United States code and the\\nfederal regulations implementing such statute, such federal statute and\\nregulations shall govern.\\n (ii) the trustees or board of education of any school district, a\\ndistrict superintendent of schools or a building principal shall have\\nauthority to order the placement of a student with a disability into an\\nappropriate interim alternative educational setting, another setting or\\nsuspension for a period not to exceed five consecutive school days where\\nsuch student is suspended pursuant to this subdivision and, except as\\notherwise provided in clause (vi) of this subparagraph, the suspension\\ndoes not result in a change in placement under federal law.\\n (iii) the superintendent of schools of a school district, either\\ndirectly or upon recommendation of a hearing officer designated pursuant\\nto paragraph c of this subdivision, may order the placement of a student\\nwith a disability into an interim alternative educational setting,\\nanother setting or suspension for up to ten consecutive school days,\\ninclusive of any period in which the student is placed in an appropriate\\ninterim alternative educational setting, another setting or suspension\\npursuant to clause (ii) of this subparagraph for the behavior, where the\\nsuperintendent determines in accordance with the procedures set forth in\\nthis subdivision that the student has engaged in behavior that warrants\\na suspension, and, except as otherwise provided in clause (vi) of this\\nsubparagraph, the suspension does not result in a change in placement\\nunder federal law.\\n (iv) the superintendent of schools of a school district, either\\ndirectly or upon recommendation of a hearing officer designated pursuant\\nto paragraph c of this subdivision, may order the change in placement of\\na student with a disability to an interim alternative educational\\nsetting for up to forty-five school days under the circumstances\\nspecified in subsection (k)(1)(G) of section fourteen hundred fifteen of\\ntitle twenty of the United States code and the federal regulations\\nimplementing such statute or a longer period where authorized by federal\\nlaw under the circumstances specified in subsection (k)(1)(C) of section\\nfourteen hundred fifteen of title twenty of the United States code and\\nthe federal regulations implementing such statute, but in neither case\\nshall such period exceed the period of suspension ordered by a\\nsuperintendent in accordance with this subdivision.\\n (v) the terms \"day,\" \"business day,\" and \"school day\" shall be as\\ndefined in section 300.11 of title thirty-four of the code of federal\\nregulations.\\n (vi) notwithstanding any other provision of this subdivision to the\\ncontrary, upon a determination by a manifestation team that the behavior\\nof a student with a disability was not a manifestation of the student's\\ndisability, such student may be disciplined pursuant to this section in\\nthe same manner and for the same duration as a nondisabled student,\\nexcept that such student shall continue to receive services to the\\nextent required under federal law and regulations, and such services may\\nbe provided in an interim alternative educational setting.\\n (vii) an impartial hearing officer appointed pursuant to subdivision\\none of section forty-four hundred four of this chapter may order a\\nchange in placement of a student with a disability to an appropriate\\ninterim alternative educational setting for not more than forty-five\\nschool days under the circumstances specified in subsections (k)(3) and\\n(k)(4) of section fourteen hundred fifteen of title twenty of the United\\nStates code and the federal regulations implementing such statutes,\\nprovided that such procedure may be repeated, as necessary.\\n (viii) nothing in this section shall be construed to authorize the\\nsuspension or removal of a student with a disability from his or her\\ncurrent educational placement for violation of school rules following a\\ndetermination by a manifestation team that the behavior is a\\nmanifestation of the student's disability, except as authorized under\\nfederal law and regulations.\\n (ix) the commissioner shall implement this paragraph by adopting\\nregulations which coordinate the procedures required for discipline of\\nstudents with disabilities, and students presumed to have a disability\\nfor discipline purposes, pursuant to subsection (k) of section fourteen\\nhundred fifteen of title twenty of the United States code and the\\nfederal regulations implementing such statute, with the general\\nprocedures for student discipline under this section.\\n * NB Effective until June 30, 2015\\n * g. Discipline of students with disabilities and students presumed to\\nhave a disability for discipline purposes. (1) Notwithstanding any other\\nprovision of this subdivision to the contrary, a student with a\\ndisability as such term is defined in section forty-four hundred one of\\nthis chapter and a student presumed to have a disability for discipline\\npurposes, may be suspended or removed from his or her current\\neducational placement for violation of school rules only in accordance\\nwith the procedures established in this section, the regulations of the\\ncommissioner implementing this paragraph, and subsection (k) of section\\nfourteen hundred fifteen of title twenty of the United States code and\\nthe federal regulations implementing such statute, as such federal law\\nand regulations are from time to time amended. Nothing in this paragraph\\nshall be construed to confer greater rights on such students than are\\nconferred under applicable federal law and regulations, or to limit the\\nability of a school district to change the educational placement of a\\nstudent with a disability in accordance with the procedures in article\\neighty-nine of this chapter.\\n (2) As used in this paragraph, a \"student presumed to have a\\ndisability for discipline purposes\" shall mean a student who the school\\ndistrict is deemed to have knowledge was a student with a disability\\nbefore the behavior that precipitated disciplinary action under the\\ncriteria in subsection (k)(8) of section fourteen hundred fifteen of\\ntitle twenty of the United States code and the federal regulations\\nimplementing such statute.\\n (3) In applying the federal law consistent with this section:\\n (i) in the event of a conflict between the procedures established in\\nthis section and those established in subsection (k) of section fourteen\\nhundred fifteen of title twenty of the United States code and the\\nfederal regulations implementing such statute, such federal statute and\\nregulations shall govern.\\n (ii) the trustees or board of education of any school district, a\\ndistrict superintendent of schools or a building principal shall have\\nauthority to order the placement of a student with a disability into an\\nappropriate interim alternative educational setting, another setting or\\nsuspension for a period not to exceed five consecutive school days where\\nsuch student is suspended pursuant to this subdivision and, except as\\notherwise provided in clause (vi) of this subparagraph, the suspension\\ndoes not result in a change in placement under federal law.\\n (iii) the superintendent of schools of a school district, either\\ndirectly or upon recommendation of a hearing officer designated pursuant\\nto paragraph c of this subdivision, may order the placement of a student\\nwith a disability into an interim alternative educational setting,\\nanother setting or suspension for up to ten consecutive school days,\\ninclusive of any period in which the student is placed in an appropriate\\ninterim alternative educational placement, another setting or suspension\\npursuant to clause (ii) of this subparagraph for the behavior, where the\\nsuperintendent determines in accordance with the procedures set forth in\\nthis subdivision that the student has engaged in behavior that warrants\\na suspension, and, except as otherwise provided in clause (vi) of this\\nsubparagraph, the suspension does not result in a change in placement\\nunder federal law.\\n (iv) the superintendent of schools of a school district, either\\ndirectly or upon recommendation of a hearing officer designated pursuant\\nto paragraph c of this subdivision, may order the change in placement of\\na student with a disability to an interim alternative educational\\nsetting for up to forty-five days, but not to exceed the period of\\nsuspension ordered by a superintendent in accordance with this\\nsubdivision, under the circumstances specified in subsection (k)(1) of\\nsection fourteen hundred fifteen of title twenty of the United States\\ncode and the federal regulations implementing such statute.\\n (v) the terms \"day,\" \"business day,\" and \"school day\" shall be as\\ndefined in section 300.9 of title thirty-four of the code of federal\\nregulations.\\n (vi) notwithstanding any other provision of this subdivision to the\\ncontrary, upon a determination by the committee on special education\\nthat the behavior of a student with a disability was not a manifestation\\nof the student's disability, such student may be disciplined pursuant to\\nthis section in the same manner as a nondisabled student, except that\\nsuch student shall continue to receive services to the extent required\\nunder federal law and regulations.\\n (vii) an impartial hearing officer appointed pursuant to subdivision\\none of section forty-four hundred four of this chapter may order a\\nchange in placement of a student with a disability to an appropriate\\ninterim alternative educational setting for not more than forty-five\\ndays under the circumstances specified in subsections (k)(2) and (k)(7)\\nof section fourteen hundred fifteen of title twenty of the United States\\ncode and the federal regulations implementing such statutes, provided\\nthat such procedure may be repeated, as necessary.\\n (viii) nothing in this section shall be construed to authorize the\\nsuspension or removal of a student with a disability from his or her\\ncurrent educational placement for violation of school rules following a\\ndetermination by the committee on special education that the behavior is\\na manifestation of the student's disability, except as authorized under\\nfederal law and regulations.\\n (ix) the commissioner shall implement this paragraph by adopting\\nregulations which coordinate the procedures required for discipline of\\nstudents with disabilities, and students presumed to have a disability\\nfor discipline purposes, pursuant to subsection (k) of section fourteen\\nhundred fifteen of title twenty of the United States code and the\\nfederal regulations implementing such statute, with the general\\nprocedures for student discipline under this section.\\n * NB Effective June 30, 2015\\n 3-a. Teacher removal of a disruptive pupil. In addition, any teacher\\nshall have the power and authority to remove a disruptive pupil, as\\ndefined in subdivision two-a of this section, from such teacher's\\nclassroom consistent with discipline measures contained in the code of\\nconduct adopted by the board pursuant to section twenty-eight hundred\\none of this chapter. The school authorities of any school district shall\\nestablish policies and procedures to ensure the provision of continued\\neducational programming and activities for students removed from the\\nclassroom pursuant to this subdivision and provided further that nothing\\nin this subdivision shall authorize the removal of a pupil in violation\\nof any state or federal law or regulation. No pupil shall return to the\\nclassroom until the principal makes a final determination pursuant to\\nparagraph c of this subdivision, or the period of removal expires,\\nwhichever is less.\\n * a. Such teacher shall inform the pupil and the school principal of\\nthe reasons for the removal. If the teacher finds that the pupil's\\ncontinued presence in the classroom does not pose a continuing danger to\\npersons or property and does not present an ongoing threat of disruption\\nto the academic process, the teacher shall, prior to removing the\\nstudent from the classroom, provide the student with an explanation of\\nthe basis for the removal and allow the pupil to informally present the\\npupil's version of relevant events. In all other cases, the teacher\\nshall provide the pupil with an explanation of the basis for the removal\\nand an informal opportunity to be heard within twenty-four hours of the\\npupil's removal, provided that if such twenty-four hour period does not\\nend on a school day, it shall be extended to the corresponding time on\\nthe next school day.\\n * NB Effective until July 1, 2015\\n * a. Such teacher shall inform the pupil and the school principal of\\nthe reasons for the removal. If the teacher finds that the pupil's\\ncontinued presence in the classroom does not pose a continuing danger to\\npersons or property and does not present an ongoing threat of disruption\\nto the academic process, the teacher shall, prior to removing the\\nstudent from the classroom, provide the student with an explanation of\\nthe basis for the removal and allow the pupil to informally present the\\npupil's version of relevant events. In all other cases, the teacher\\nshall provide the pupil with an explanation of the basis for the removal\\nand an informal opportunity to be heard within twenty-four hours of the\\npupil's removal.\\n * NB Effective July 1, 2015\\n * b. The principal shall inform the person in parental relation to\\nsuch pupil of the removal and the reasons therefor within twenty-four\\nhours of the pupil's removal, provided that if such twenty-four hour\\nperiod does not end on a school day, it shall be extended to the\\ncorresponding time on the next school day. The pupil and the person in\\nparental relation shall, upon request, be given an opportunity for an\\ninformal conference with the principal to discuss the reasons for the\\nremoval. If the pupil denies the charges, the principal shall provide an\\nexplanation of the basis for the removal and allow the pupil and/or\\nperson in parental relation to the pupil an opportunity to present the\\npupil's version of relevant events. Such informal hearing shall be held\\nwithin forty-eight hours of the pupil's removal, provided that if such\\nforty-eight hour period does not end on a school day, it shall be\\nextended to the corresponding time on the second school day next\\nfollowing the pupil's removal. For purposes of this subdivision, \"school\\nday\" shall mean a school day as defined pursuant to clause (v) of\\nsubparagraph three of paragraph g of subdivision three of this section.\\n * NB Effective until July 1, 2015\\n * b. The principal shall inform the person in parental relation to\\nsuch pupil of the removal and the reasons therefor within twenty-four\\nhours of the pupil's removal. The pupil and the person in parental\\nrelation shall, upon request, be given an opportunity for an informal\\nconference with the principal to discuss the reasons for the removal. If\\nthe pupil denies the charges, the principal shall provide an explanation\\nof the basis for the removal and allow the pupil and/or person in\\nparental relation to the pupil an opportunity to present the pupil's\\nversion of relevant events. Such informal hearing shall be held within\\nforty-eight hours of the pupil's removal.\\n * NB Effective July 1, 2015\\n * c. The principal shall not set aside the discipline imposed by the\\nteacher unless the principal finds that the charges against the pupil\\nare not supported by substantial evidence or that the pupil's removal is\\notherwise in violation of law or that the conduct warrants suspension\\nfrom school pursuant to this section and a suspension will be imposed.\\nThe principal's determination made pursuant to this paragraph shall be\\nmade by the close of business on the school day next succeeding the end\\nof the forty-eight hour period for an informal hearing contained in\\nparagraph b of this subdivision.\\n * NB Effective until July 1, 2015\\n * c. The principal shall not set aside the discipline imposed by the\\nteacher unless the principal finds that the charges against the pupil\\nare not supported by substantial evidence or that the pupil's removal is\\notherwise in violation of law or that the conduct warrants suspension\\nfrom school pursuant to this section and a suspension will be imposed.\\nThe principal's determination made pursuant to this paragraph shall be\\nmade by the close of business on the day succeeding the forty-eight hour\\nperiod for an informal hearing contained in paragraph b of this\\nsubdivision.\\n * NB Effective July 1, 2015\\n d. The principal may, in his or her discretion, designate a school\\ndistrict administrator, to carry out the functions required of the\\nprincipal under this subdivision.\\n 4. Expense. a. The expense attending the commitment and costs of\\nmaintenance of any school delinquent shall be a charge against the city\\nor district where he resides, if such city or district employs a\\nsuperintendent of schools; otherwise it shall be a county charge.\\n b. The school authorities may institute proceedings before a court\\nhaving jurisdiction to determine the liability of a person in parental\\nrelation to contribute towards the maintenance of a school delinquent\\nunder sixteen years of age ordered to attend upon instruction under\\nconfinement. If the court shall find the person in parental relation\\nable to contribute towards the maintenance of such a minor, it may issue\\nan order fixing the amount to be paid weekly.\\n 5. Involuntary transfers of pupils who have not been determined to be\\na student with a disability or a student presumed to have a disability\\nfor discipline purposes.\\n a. The board of education, board of trustees or sole trustee, the\\nsuperintendent of schools, or district superintendent of schools may\\ntransfer a pupil who has not been determined to be a student with a\\ndisability as defined in section forty-four hundred one of this chapter,\\nor a student presumed to have a disability for discipline purposes as\\ndefined in paragraph g of subdivision three of this section from regular\\nclassroom instruction to an appropriate educational setting in another\\nschool upon the written recommendation of the school principal and\\nfollowing independent review thereof. For purposes of this section of\\nthe law, \"involuntary transfer\" does not include a transfer made by a\\nschool district as part of a plan to reduce racial imbalance within the\\nschools or as a change in school attendance zones or geographical\\nboundaries.\\n b. A school principal may initiate a non-requested transfer where it\\nis believed that such a pupil would benefit from the transfer, or when\\nthe pupil would receive an adequate and appropriate education in another\\nschool program or facility.\\n No recommendation for pupil transfer shall be initiated by the\\nprincipal until such pupil and a person in parental relation has been\\nsent written notification of the consideration of transfer\\nrecommendation. Such notice shall set a time and place of an informal\\nconference with the principal and shall inform such person in parental\\nrelation and such pupil of their right to be accompanied by counsel or\\nan individual of their choice.\\n c. After the conference and if the principal concludes that the pupil\\nwould benefit from a transfer or that the pupil would receive an\\nadequate and appropriate education in another school program or\\nfacility, the principal may issue a recommendation of transfer to the\\nsuperintendent. Such recommendation shall include a description of\\nbehavior and/or academic problems indicative of the need for transfer; a\\ndescription of alternatives explored and prior action taken to resolve\\nthe problem. A copy of that letter shall be sent to the person in\\nparental relation and to the pupil.\\n d. Upon receipt of the principal's recommendation for transfer and a\\ndetermination to consider that recommendation, the superintendent shall\\nnotify the person in parental relation and the pupil of the proposed\\ntransfer and of their right to a fair hearing as provided in paragraph c\\nof subdivision three of this section and shall list community agencies\\nand free legal assistance which may be of assistance. The written notice\\nshall include a statement that the pupil or person in parental relation\\nhas ten days to request a hearing and that the proposed transfer shall\\nnot take effect, except upon written parental consent, until the ten day\\nperiod has elapsed, or, if a fair hearing is requested, until after a\\nformal decision following the hearing is rendered, whichever is later.\\n Parental consent to a transfer shall not constitute a waiver of the\\nright to a fair hearing.\\n 6. Transfer of a pupil. Where a suspended pupil is to be transferred\\npursuant to subdivision five of this section, he or she shall remain on\\nthe register of the original school for two school days following\\ntransmittal of his or her records to the school to which he or she is to\\nbe transferred. The receiving school shall immediately upon receiving\\nthose records transmitted by the original school, review them to insure\\nproper placement of the pupil. Staff members who are involved in the\\npupil's education must be provided with pertinent records and\\ninformation relating to the background and problems of the pupil before\\nthe pupil is placed in a classroom.\\n * 7. Transfer of disciplinary records. Notwithstanding any other\\nprovision of law to the contrary, each local educational agency, as such\\nterm is defined in subsection twenty-six of section ninety-one hundred\\none of the Elementary and Secondary Education Act of 1965, as amended,\\nshall establish procedures in accordance with section forty-one hundred\\nfifty-five of the Elementary and Secondary Education Act of 1965, as\\namended, and the Family Educational Rights and Privacy Act of 1974, to\\nfacilitate the transfer of disciplinary records relating to the\\nsuspension or expulsion of a student to any public or nonpublic\\nelementary or secondary school in which such student enrolls or seeks,\\nintends or is instructed to enroll, on a full-time or part-time basis.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3215", "title" : "Unlawful employment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3215", "activeDate" : "2014-09-22", "sequenceNo" : 1115, "repealedDate" : null, "fromSection" : "3215", "toSection" : "3215", "text" : " § 3215. Unlawful employment. 1. It shall be unlawful, except as\\notherwise provided by law, to employ in any trade, business or service a\\nminor who does not present an employment certificate or permit issued in\\naccordance with this article.\\n 2. No minor shall be employed during the hours when attendance upon\\ninstruction is required by this chapter.\\n 3. No minor shall be employed in violation of any provision of the\\nlabor law or other law.\\n 4. Exceptions. a. When attendance upon instruction is not required by\\nthis chapter, a minor fourteen years of age or over may be employed\\nwithout an employment certificate or permit in the following\\noccupations:\\n (1) Caddy service on a golf course;\\n (2) Service as a baby sitter staying with and at the home of another\\nchild or children with or without the presence at such home of such\\nchild or children's parents or guardians;\\n (3) Casual employment of a minor fourteen or fifteen years of age\\nconsisting of yard work and household chores in and about a residence or\\nthe premises of a non-profit, non-commercial organization, not involving\\nthe use of power-driven machinery; and\\n (4) Casual employment of a minor sixteen years of age or over\\nconsisting of yard work and household chores in and about a residence or\\nthe premises of a non-profit, non-commercial organization, not involving\\nthe use of power-driven machinery other than power-driven machinery\\nordinarily used in such yard work or household chores.\\n b. When attendance upon instruction is not required, a minor sixteen\\nyears of age or over may be employed in work on a farm without an\\nemployment certificate or permit.\\n c. Nothing in this section shall prohibit the employment of a minor\\nduring the school lunch period in a school cafeteria at the school which\\nthe minor attends if the minor presents an employment certificate issued\\nin accordance with this article.\\n d. Nothing in this section shall be construed to prohibit the\\nemployment of a minor in accordance with sections thirty-two hundred\\ntwenty-six through and including section thirty-two hundred thirty of\\nthis chapter.\\n e. Nothing in this section shall be construed to prohibit the\\nemployment of a minor twelve years of age or over in work for his\\nparents or guardians on the home farm or at other outdoor work not\\nconnected with or for any trade, business or service when attendance\\nupon instruction is not required by this chapter.\\n f. Notwithstanding any other provision of this chapter, an employment\\ncertificate or permit shall not be required for a student sixteen years\\nof age or over who is in attendance at a recognized institution of\\nhigher learning and who is employed by a non-profit college or\\nuniversity or by a non-profit college or university fraternity,\\nsorority, student association or faculty association.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3215-A", "title" : "General certification provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3215-A", "activeDate" : "2014-09-22", "sequenceNo" : 1116, "repealedDate" : null, "fromSection" : "3215-A", "toSection" : "3215-A", "text" : " § 3215-a. General certification provisions. 1. Certificating\\nofficials. Employment certificates or permits shall be issued by the\\nchancellor in the city school district of the city of New York, and by\\nthe superintendent of schools in other school districts, provided that\\nthe district superintendent of schools may issue such certificates or\\npermits for students attending classes operated by a board of\\ncooperative educational services, and the principal of a nonpublic\\nsecondary school may issue such certificates or permits for students\\nattending such school. The chancellor in New York city, or elsewhere the\\nsuperintendent of schools or district superintendent of schools may\\ndesignate in writing the principal of the public school the minor\\nattends or last attended or other public school official to act as\\ncertificating official in his stead. During the months of July and\\nAugust, and at other times in extraordinary circumstances and\\nemergencies, one or more public school officials shall be designated in\\nwriting by the chancellor in New York city and elsewhere by the\\nsuperintendent or district superintendent to act as certificating\\nofficials. The designation or authorization of certificating officials\\nin public schools shall be subject to such limitations or standards as\\nmay be prescribed by the chancellor in New York city and elsewhere by\\nthe superintendent or district superintendent.\\n 2. Revocation. Employment certificates or permits may be revoked for\\ncause by the chancellor in New York city and elsewhere by the\\nsuperintendent of schools or the district superintendent of schools\\nwithin their respective jurisdictions, or, by a principal of a nonpublic\\nsecondary school for a student attending such school. Where a student\\nwho is required to attend school pursuant to section thirty-two hundred\\nfive of this article has failed no less than four academic courses in\\none semester, the chancellor in New York city, and elsewhere the\\nsuperintendent of schools or the district superintendent of schools\\nwithin their respective jurisdictions, or a principal of a nonpublic\\nsecondary school may revoke such student's employment certificate or\\npermit. In determining whether to revoke an employment certificate or\\npermit, the chancellor in New York city, and elsewhere the\\nsuperintendent of schools or the district superintendent of schools\\nwithin their respective jurisdictions, or a principal of a nonpublic\\nsecondary school, shall consider, (1) an evaluation of the student's\\noverall academic performance and past academic record; (2) an\\nexamination of the student's attendance record; (3) the economic need of\\nthe student's family for the income provided by the student; (4) the\\nwillingness of the student to participate in a cooperative education\\nprogram, work study program, school to work program or any other\\nstructured program which provides a student with an opportunity to earn\\nincome while earning academic credit; (5) such other factors as the\\naforementioned officials identify; and (6) any material submitted by the\\nstudent.\\n Notwithstanding any other provisions of law, nothing in this section\\nshall be construed to prevent any student from obtaining an employment\\ncertificate or permit for the purpose of working during the months of\\nJuly and August.\\n 3. Approval of form and contents. The commissioner of education shall\\nprescribe or approve the form and contents of all certificates, permits,\\nphysical examination records, and schooling records required by part one\\nof this article. The form of such certificates and permits shall also be\\nsubject to the approval of the industrial commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3216", "title" : "Employment certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3216", "activeDate" : "2014-09-22", "sequenceNo" : 1117, "repealedDate" : null, "fromSection" : "3216", "toSection" : "3216", "text" : " § 3216. Employment certificates. 1. A student non-factory employment\\ncertificate may be issued to a minor fourteen or fifteen years of age\\nwho is attending day school. The certificate shall be valid for work in\\na trade, business or service, but shall not be valid for work in or in\\nconnection with a factory except as provided in subdivision four of\\nsection one hundred thirty-one of the labor law.\\n 2. A student general employment certificate may be issued to a minor\\nsixteen or seventeen years of age who is attending day school. It shall\\nbe valid for work in or in connection with a factory or any other trade,\\nbusiness or service.\\n 3. A full-time employment certificate may be issued to a minor sixteen\\nor seventeen years of age who is not attending day school or who\\ndeclares his intention to leave day school for full-time employment. It\\nshall be valid for work in or in connection with a factory or any other\\ntrade, business or service. A full-time employment certificate also may\\nbe issued to a minor who is a graduate of a four-year high school, but\\nif such minor is under sixteen years of age the certificate shall not be\\nvalid for work in or in connection with a factory except as provided in\\nsubdivision four of section one hundred and thirty-one of the labor law.\\n 4. A limited employment certificate may be issued as provided in\\nsubdivision two of section thirty-two hundred twenty of this article.\\n 5. A special employment certificate may be issued as provided in\\nsection thirty-two hundred twenty-five of this article.\\n 6. An employment certificate shall be valid not only for the initial\\nemployment but also for subsequent employments in work permitted by the\\nparticular type of certificate.\\n 7. An employment certificate shall expire two years from the date of\\nits issuance, except as otherwise provided in this article. No\\nemployment certificate shall be valid for employment in violation of any\\nprovision of the labor law or rules issued thereunder.\\n 8. An employment certificate shall be kept on file at the place of the\\nminor's employment and shall be returned to the minor when the\\nemployment terminates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3217", "title" : "Procedure for issuance of employment certificates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-23" ], "docLevelId" : "3217", "activeDate" : "2014-09-22", "sequenceNo" : 1118, "repealedDate" : null, "fromSection" : "3217", "toSection" : "3217", "text" : " § 3217. Procedure for issuance of employment certificates. 1. An\\napplication for an employment certificate shall be made by a minor on a\\nform prescribed by the commissioner of education.\\n 2. Before issuing an employment certificate the issuing official shall\\nrequire the minor to submit the following:\\n a. Evidence of age;\\n b. Written consent of the parent or guardian;\\n c. A certificate of physical fitness; and\\n d. If the application is for a full-time employment certificate, a\\nschooling record.\\n In addition, in a city or school district which, pursuant to section\\nthirty-two hundred five, subdivision three, of this article, requires\\nminors from sixteen to seventeen years of age who are not employed to\\nattend school, the certificating official shall require a minor applying\\nfor a full-time employment certificate to submit the following:\\n a. A pledge of employment; and\\n b. A schooling record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3218", "title" : "Evidence of age", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3218", "activeDate" : "2014-09-22", "sequenceNo" : 1119, "repealedDate" : null, "fromSection" : "3218", "toSection" : "3218", "text" : " § 3218. Evidence of age. 1. Evidence showing that the minor is of the\\nrequired age shall be presented as follows:\\n a. A duly certified transcript of a birth certificate filed according\\nto law, or duly certified transcript of a record of baptism, giving the\\ndate of birth; or, if not available,\\n b. A passport showing the date of birth of the minor; or, if not\\navailable,\\n c. Other documentary evidence or other recorded evidence in existence\\ntwo years or more, and satisfactory to the certificating officer, except\\nan affidavit of age.\\n 2. Certificate of age. A person over eighteen years of age may apply\\nfor a certificate of age to the superintendent of schools, the district\\nsuperintendent, or to the certificating officer. Upon such application a\\ncertificate of age, containing the name, date of birth, address and\\nsignature of the applicant, shall be issued to him if he furnishes such\\nevidence that he is over eighteen years of age as is required for the\\nissuance of an employment certificate. Such a certificate of age or an\\nemployment certificate previously issued for such person shall be\\nconclusive evidence for an employer that the person has reached the age\\ncertified to therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3219", "title" : "Consent of parent or guardian", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3219", "activeDate" : "2014-09-22", "sequenceNo" : 1120, "repealedDate" : null, "fromSection" : "3219", "toSection" : "3219", "text" : " § 3219. Consent of parent or guardian. If the application is for a\\nfull-time employment certificate a parent or guardian shall personally\\nappear before the issuing officer or school authorities to indicate\\nconsent to the issuance of the application, provided, however, that such\\npersonal appearance shall not be required if the applicant is a high\\nschool graduate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3220", "title" : "Certificate of physical fitness", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3220", "activeDate" : "2014-09-22", "sequenceNo" : 1121, "repealedDate" : null, "fromSection" : "3220", "toSection" : "3220", "text" : " § 3220. Certificate of physical fitness. 1. A certificate of physical\\nfitness shall be issued to a minor if a thorough physical examination\\nmade within twelve months of his or her application for an employment\\ncertificate shows that such minor is of sound health, and if there are\\nno known health problems at the time of issuance of the certificate, and\\nif the applicant is physically qualified for lawful employment. If a\\nknown health problem exists at the time of the application for such\\ncertificate, another examination may be required by the issuing\\nauthority. Such certificate shall be issued and such physical\\nexamination shall be made, in a city of over three hundred thousand\\npopulation, by a physician designated by the board of health, and\\nelsewhere by the director of school health services charged with the\\nduty of making physical examinations of all school children or by any\\nphysician duly licensed to practice medicine in this state. A new\\ncertificate of physical fitness shall not be required if one had been\\nissued to the minor within twelve months.\\n 2. If the physician authorized to issue certificates of physical\\nfitness shall find that a minor from fourteen to eighteen years of age\\nis not physically sound but that in the physician's opinion the minor\\nmay safely engage in certain occupations as specified by the regulations\\nof the commissioner of education, the physician shall require a pledge\\nof employment and may issue to the minor a certificate of limited\\nphysical fitness, and shall describe therein the physical disability of\\nthe minor and shall indicate the particular employer and the occupation\\nin which the minor may engage. A limited employment certificate issued\\nto a minor from fourteen to eighteen years of age who has presented a\\ncertificate of limited physical fitness shall be valid for not more than\\nsix months from the date of its issuance and shall bear on the face of\\nthe certificate the date of its expiration and the particular employer\\nand occupation to which the employment of the minor is limited;\\nprovided, however, that the examining physician may indicate upon the\\ncertificate of limited physical fitness that the physical disability of\\nthe minor is of a permanent nature, in which case such certificate shall\\nnot expire at the end of six months but shall remain valid for so long\\nas the nature and type of work set forth in the pledge of employment\\nremain substantially the same.\\n 3. A record made of the physical examination shall show whether a\\ncertificate of physical fitness has been issued or withheld. Such record\\nshall be sent to the certificating official.\\n 4. A certificate of physical fitness issued in another state to a\\nminor seeking employment in this state may be accepted in lieu of the\\ncertificate of physical fitness required by subdivision one of this\\nsection, provided the standards for issuing such certificates in the\\nother state are deemed substantially equivalent to those of this state\\nin accordance with regulations adopted by the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3221", "title" : "Pledge of employment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3221", "activeDate" : "2014-09-22", "sequenceNo" : 1122, "repealedDate" : null, "fromSection" : "3221", "toSection" : "3221", "text" : " § 3221. Pledge of employment. The pledge of employment shall be\\nsigned by the initial prospective employer or his authorized\\nrepresentative and shall show his name and place of business, the\\nminor's name, the number of days per week and the number of hours per\\nday and per week during which he will be employed, the hours of the\\nbeginning and the ending of work, and the nature and type of the\\nemployment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3222", "title" : "Schooling record", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3222", "activeDate" : "2014-09-22", "sequenceNo" : 1123, "repealedDate" : null, "fromSection" : "3222", "toSection" : "3222", "text" : " § 3222. Schooling record. 1. By whom issued. The schooling record\\nshall be issued by the principal of the school the minor attends or last\\nattended, or by a teacher deputized by the principal or by a supervising\\nofficial, and during the months of July and August, and at other times\\nin extraordinary circumstances and emergencies, by one or more public\\nschool officials deputized in writing by the chancellor in New York city\\nand elsewhere by the superintendent of schools or by the district\\nsuperintendent of schools.\\n 2. Procedure. On application of the person in parental relation, a\\nschooling record shall be issued promptly to a minor who complies with\\nthe following conditions:\\n a. Presents a certificate of physical fitness. Upon receipt of an\\napplication for a schooling record the person authorized to issue such\\nrecord shall request that an examination be made of the minor for a\\ncertificate of physical fitness in accordance with the requirements\\nherein prescribed.\\n b. Meets the specified age requirement.\\n 3. Such schooling record shall show, when practicable, the name of the\\nschool and grade or class which the minor is then attending or last\\nattended.\\n 4. Upon notification by the division of criminal justice services that\\na child has been listed as a missing child, a school in which the child\\nis currently or was previously enrolled shall flag the schooling record\\nof the child in such a manner that whenever a copy of or information\\nconcerning the schooling record is requested, the person authorized to\\nissue such record shall be alerted to the fact that the child has been\\nreported as a missing child. The school shall immediately report to the\\nlocal law enforcement authority and the division of criminal justice\\nservices any request concerning flagged schooling records or knowledge\\nas to the whereabouts of any missing child. Upon notification by the\\ndivision of criminal justice services that a reported missing child has\\nbeen recovered, the school shall remove the flag from the person's\\nschooling record.\\n 5. Upon notification by the division of criminal justice services that\\na child who may be listed as a missing child is currently enrolled in\\nand believed to be attending a New York school, such school shall\\nimmediately notify the division of criminal justice services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3223", "title" : "Duties of employers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3223", "activeDate" : "2014-09-22", "sequenceNo" : 1124, "repealedDate" : null, "fromSection" : "3223", "toSection" : "3223", "text" : " § 3223. Duties of employers. The employer of any minor required to\\nhave an employment certificate:\\n 1. Shall satisfy himself that the minor presenting an employment\\ncertificate is in fact the minor named therein.\\n 2. Shall before employment begins, file at the place of the minor's\\nemployment such certificate so that it may be readily accessible to any\\nauthorized person to examine such document.\\n 3. Shall, upon termination of the minor's employment, return the\\nemployment certificate to the minor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3224", "title" : "Temporary services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3224", "activeDate" : "2014-09-22", "sequenceNo" : 1125, "repealedDate" : null, "fromSection" : "3224", "toSection" : "3224", "text" : " § 3224. Temporary services. a. If an employer is engaged in a\\nbusiness of assigning employees for temporary services at another\\nestablishment, and the employer compensates the employee for such\\nservices rendered the employer shall keep on file in his office the\\nemployment certificate and shall cause to be delivered to each\\nestablishment where the child will perform his services a true copy of\\nsuch employment certificate. Such delivery shall be deemed compliance\\nwith sections thirty-two hundred sixteen and thirty-two hundred\\ntwenty-three of this chapter. The owner of each establishment to which\\nthe child is assigned shall keep on file in his office such copy of the\\nemployment certificate, which shall be deemed compliance with sections\\nthirty-two hundred sixteen and thirty-two hundred twenty-three of this\\nchapter, and shall return such copy to the employer at the conclusion of\\nthe child's assignment. Such employer shall note on the original\\nemployment certificate the existence of each copy.\\n b. As used in this section, the term \"establishment\" includes a\\nfactory, mercantile establishment, business office, restaurant, hotel\\nand any other trade, business or service.\\n c. The commissioner of education may promulgate rules and regulations\\nas he deems necessary to insure that employment under the provisions of\\nthis section shall not be harmful or undesirable from the point of view\\nof the welfare, development, or proper education of the child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3225", "title" : "Special employment certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3225", "activeDate" : "2014-09-22", "sequenceNo" : 1126, "repealedDate" : null, "fromSection" : "3225", "toSection" : "3225", "text" : " § 3225. Special employment certificate. 1. A special employment\\ncertificate may be issued to a minor fifteen years of age, found to be\\nincapable of profiting by further instruction available upon compliance\\nwith the same requirements as in the case of a full-time employment\\ncertificate.\\n 2. The fact that a minor is incapable of profiting from further\\ninstruction available shall be determined in accordance with the\\nprovisions of section thirty-two hundred eight of this article and the\\nregulations of the commissioner of education.\\n 3. A special employment certificate shall not authorize the employment\\nof a minor in or in connection with or for a factory.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3226", "title" : "Farm work permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3226", "activeDate" : "2014-09-22", "sequenceNo" : 1127, "repealedDate" : null, "fromSection" : "3226", "toSection" : "3226", "text" : " § 3226. Farm work permits. 1. A farm work permit may be issued to a\\nminor fourteen or fifteen years of age authorizing employment in farm\\nservice.\\n 2. A farm work permit also may be issued to a minor over twelve years\\nof age for employment in assisting in the hand work harvest of berries,\\nfruits and vegetables pursuant to paragraph e of subdivision two of\\nsection one hundred thirty of the labor law.\\n 3. To obtain a farm work permit a minor shall present to the issuing\\nofficer the following:\\n a. Evidence of age;\\n b. Written consent of the parent or guardian; and\\n c. A certificate of physical fitness.\\n 4. Such permit shall be valid only when signed by the employer and\\nsubject only to the condition that it shall not be valid for work in or\\nin connection with a factory.\\n 5. A farm work permit shall not be required for the employment of a\\nminor sixteen years of age or over in farm service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3227", "title" : "Street trades", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3227", "activeDate" : "2014-09-22", "sequenceNo" : 1128, "repealedDate" : null, "fromSection" : "3227", "toSection" : "3227", "text" : " § 3227. Street trades. 1. Definition. A street trade for the purposes\\nof part one of this article shall include the carrying, selling,\\nexposing or offering for sale of newspapers or periodicals, and work as\\na bootblack, but shall not include the occupation engaged in by a\\nnewspaper carrier as defined in subdivision one of section thirty-two\\nhundred twenty-eight of this chapter.\\n 2. Application. The provisions of this section shall apply to all\\nschool districts.\\n 3. No minor under fourteen years of age shall be engaged in a street\\ntrade; and no minor from fourteen to eighteen years of age shall be so\\nengaged unless a street trades permit has been lawfully issued to the\\nminor.\\n 4. A street trades permit shall be issued in the same manner and with\\nthe same requirements as in the case of an employment certificate. Such\\na permit shall expire two years from the date of its issuance.\\n 5. A minor to whom a street trades permit has been issued shall carry\\nit on his or her person while engaged in a street trade. Such a permit\\nshall not be transferred to another minor or used by another if\\ntransferred.\\n 6. No minor shall be engaged in a street trade before six o'clock in\\nthe morning nor after seven o'clock in the evening, nor during the time\\nthe minor is required to attend upon instruction, nor more than four\\nhours in any one day when school is in session, nor more than five hours\\nin any one day when school is not in session.\\n 7. The police shall enforce the provisions of this section except with\\nrespect to the issuance and revocation of street trades permits. The\\nindustrial commissioner shall have concurrent power to enforce this\\nsection except with respect to the issuance and revocation of street\\ntrades permits.\\n 8. The school authorities may revoke the permit for cause after due\\nnotice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3228", "title" : "Newspaper carrier", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "3228", "activeDate" : "2014-09-22", "sequenceNo" : 1129, "repealedDate" : null, "fromSection" : "3228", "toSection" : "3228", "text" : " § 3228. Newspaper carrier. 1. Definition: A \"newspaper carrier\" is a\\nminor between the ages of eleven and eighteen years of age who engages\\nin the occupation of delivering, or selling and delivering, newspapers,\\nshopping papers or periodicals to customers at their homes or places of\\nbusiness. For purposes of this section shopping papers shall mean those\\ncommunity publications distributed, for the purposes of advertising and\\npublic information, to the consumer without consideration being paid\\ntherefor by the consumer.\\n Such papers shall:\\n (i) be distributed to the public on a community-wide basis;\\n (ii) be published at stated intervals at least fifty times a year;\\n (iii) have continuity as to title and general nature of content from\\nissue to issue;\\n (iv) contain in each issue community notices or editorial comment or\\narticles by different authors; and\\n (v) contain in each issue advertisements from numerous unrelated\\nadvertisers including non-commercial advertisements.\\n The term \"shopping papers\" shall not include mail order and other\\ncatalogs, advertising fliers, travel brochures, house organs, theatre\\nprograms, telephone directories, shopping and restaurant guides, racing\\ntip and form sheets, shopping center advertising sheets and similar\\npublications.\\n 2. A \"newspaper carrier\" shall possess a newspaper carrier permit and\\nshall carry it upon his or her person when engaged in the occupation of\\ndelivering, or selling and delivering, newspapers, shopping papers or\\nperiodicals to homes or places of business.\\n 3. A newspaper carrier permit shall be issued on a form prescribed by\\nthe commissioner of education to a minor qualified to participate in\\nphysical training as provided for in section thirty-two hundred four of\\nthis chapter. Minors that are not participating in physical training may\\nbe issued a permit with the approval of the school physician.\\n 4. No newspaper carrier shall be engaged in delivering, or selling and\\ndelivering, newspapers, shopping papers or periodicals before five\\no'clock in the morning nor after seven o'clock in the evening or thirty\\nminutes prior to sunset, whichever is later, nor during the time the\\nminor is required to attend upon instruction, nor for more than four\\nhours in any one day when school is in session, nor more than five hours\\nin any one day when school is not in session.\\n 5. No minor under eleven years of age may engage in the occupation of\\ndelivering, or selling and delivering, newspapers, shopping papers or\\nperiodicals to customers at their homes or places of business.\\n 6. The school authorities may revoke the permit for cause after due\\nnotice.\\n 7. Enforcement. The police shall enforce the provisions of this\\nsection except with respect to the issuance and revocation of permits.\\nThe industrial commissioner shall have concurrent power to enforce this\\nsection except with respect to the issuance and revocation of permits.\\n 8. It shall be unlawful for any person or corporation to wilfully and\\nknowingly deliver or cause to be delivered newspapers, shopping papers\\nor periodicals to a newspaper carrier who is not in compliance with the\\nprovisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3230", "title" : "School district meetings and activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "3230", "activeDate" : "2014-09-22", "sequenceNo" : 1130, "repealedDate" : null, "fromSection" : "3230", "toSection" : "3230", "text" : " § 3230. School district meetings and activities. 1. The board of\\neducation or trustees of each school district shall ensure that at any\\nmeeting or activity which is conducted by the board of education,\\ntrustees, school district or a district school which is specific to a\\nchild's educational program and which parents or persons in parental\\nrelationship who are hearing impaired, as defined by the commissioner,\\nattend, the board of education or trustees shall provide interpreter\\nservices at no charge to such persons, provided a written request\\ntherefor is made to the school district within a reasonable time prior\\nto the scheduled meeting or activity. In the event interpreter services\\nare requested, the school district shall appoint an interpreter of the\\ndeaf to interpret the proceedings of the meeting or activity. In the\\nevent that an interpreter is unavailable, other reasonable\\naccommodations shall be made which are satisfactory to the parents or\\nguardians.\\n 2. Each board of education or trustees shall adopt a policy which\\nshall establish the time limitation for requesting interpreter services,\\nexamples of what constitutes reasonable accommodations and how the\\nregulations of the commissioner promulgated pursuant to this chapter\\nshall be implemented.\\n 3. For the purposes of this section \"meeting\" or \"activity\" shall\\ninclude those school-initiated meetings or activities which parents or\\npersons in parental relationship who are hearing impaired attend which\\nare specific to the academic and/or disciplinary aspects of their\\nchild's educational program including parent-teacher conferences and\\nother such meetings and activities as defined by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3232", "title" : "Courts having jurisdiction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3232", "activeDate" : "2014-09-22", "sequenceNo" : 1131, "repealedDate" : null, "fromSection" : "3232", "toSection" : "3232", "text" : " § 3232. Courts having jurisdiction. 1. Courts sitting as courts of\\nspecial sessions or as magistrates' courts shall have concurrent\\njurisdiction with family courts to hear, try and determine charges of\\nviolation of the provisions of part one of this article, within their\\nrespective jurisdiction. In the counties of Cortland and Westchester\\nand in the city of New York family courts shall have exclusive original\\njurisdiction in such proceedings. Notwithstanding other provisions of\\nlaw, family courts shall have jurisdiction, for the purposes of part one\\nof this article, of minors.\\n 2. A prosecution instituted under the provisions of part one of this\\narticle shall be deemed a bar to a prosecution under the labor law based\\non the same state of facts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3233", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3233", "activeDate" : "2014-09-22", "sequenceNo" : 1132, "repealedDate" : null, "fromSection" : "3233", "toSection" : "3233", "text" : " § 3233. Penalties. Except as otherwise provided, a violation of part\\none of this article shall be punishable for the first offense by a fine\\nnot exceeding ten dollars or ten days' imprisonment; for each subsequent\\noffense by a fine not exceeding fifty dollars, or by imprisonment not\\nexceeding thirty days, or by both such fine and imprisonment.\\n A violation of sections thirty-two hundred fifteen, thirty-two hundred\\ntwenty-three and thirty-two hundred twenty-four of this article shall be\\npunishable for a first offense by a fine of not less than twenty nor\\nmore than fifty dollars; for a second offense by a fine of not less than\\nfifty nor more than two hundred fifty dollars, or by imprisonment for\\nnot more than thirty days or by both such fine and imprisonment; for a\\nthird offense by a fine of not less than two hundred fifty dollars, or\\nby imprisonment for not more than sixty days, or by both such fine and\\nimprisonment.\\n Any person who knowingly makes a false statement in or in relation to\\nany application made for an employment certificate or permit as to any\\nmatter required by this chapter to appear in any affidavit, record,\\ntranscript, certificate or permit therein provided for, is guilty of a\\nmisdemeanor and upon conviction shall be punished, except as in this\\nchapter or in the penal law otherwise provided, for a first offense by a\\nfine of not more than one hundred dollars; for a second offense by a\\nfine of not less than one hundred nor more than five hundred dollars, or\\nby imprisonment for not more than thirty days or by both such fine and\\nimprisonment; for a subsequent offense by a fine of not less than three\\nhundred dollars, or by imprisonment for not more than sixty days, or by\\nboth such fine and imprisonment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3234", "title" : "Enforcement; withholding state moneys by commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3234", "activeDate" : "2014-09-22", "sequenceNo" : 1133, "repealedDate" : null, "fromSection" : "3234", "toSection" : "3234", "text" : " § 3234. Enforcement; withholding state moneys by commissioner of\\neducation. 1. The commissioner of education shall supervise the\\nenforcement of part one of this article and he may withhold one-half of\\nall public school moneys from any city or district, which, in his\\njudgment, wilfully omits and refuses to enforce the provisions of part\\none of this article, after due notice, so often and so long as such\\nwilful omission and refusal shall, in his judgment, occur, or continue.\\n 2. If the provisions of part one of this article are complied with at\\nany time within one year from the date on which said moneys were\\nwithheld, the money so withheld shall be paid over by said commissioner\\nof education to such district or city, otherwise forfeited to the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 39 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A65P2", "title" : "School Census", "docType" : "PART", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1134, "repealedDate" : null, "fromSection" : "3240", "toSection" : "3243", "text" : " PART II\\n SCHOOL CENSUS\\nSection 3240. School census in the cities of New York, Buffalo and\\n Rochester.\\n 3241. School census in cities, except in cities having a\\n population of one hundred twenty-five thousand or more.\\n 3242. School census in school districts.\\n 3243. Penalty for withholding information.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3240", "title" : "School census in the cities of New York, Buffalo and Rochester", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3240", "activeDate" : "2014-09-22", "sequenceNo" : 1135, "repealedDate" : null, "fromSection" : "3240", "toSection" : "3240", "text" : " § 3240. School census in the cities of New York, Buffalo and\\nRochester. In the cities of New York, Buffalo and Rochester provision\\nshall be made by the board of education for taking a school census in\\nconnection with the work of enforcing part one of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3241", "title" : "School census in cities, except in cities having a population of one hundred twenty-five thousand or more", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3241", "activeDate" : "2014-09-22", "sequenceNo" : 1136, "repealedDate" : null, "fromSection" : "3241", "toSection" : "3241", "text" : " § 3241. School census in cities, except in cities having a population\\nof one hundred twenty-five thousand or more. 1. The board of education\\nof each city, except in cities having a population of one hundred\\ntwenty-five thousand or more, shall constitute a permanent census board\\nin such city. Such board shall, under its regulations, cause a census of\\nthe children in its city to be taken and to be amended from day to day,\\nas changes of residence shall occur among persons in such cities within\\nthe ages prescribed in subdivision two of this section and as other\\npersons shall come within the ages prescribed therein and as other\\npersons within such ages shall become residents of such cities, so that\\nthere shall always be on file with such board a complete census giving\\nthe facts and information required in subdivision two of this section;\\nprovided, however, that for pre-school students from birth to five years\\nof age, such census may be prepared and filed biennially on or before\\nthe fifteenth day of October.\\n 2. Such census shall include all persons between birth and eighteen\\nyears of age and in the case of physically or mentally handicapped\\nchildren between birth and twenty-one years of age, their names, their\\nrespective residences by street and number, the day of the month and the\\nyear of their birth, the names of the persons in parental relation to\\nthem, such information relating to physical or mental defects, to\\nilliteracy, to employment and to the enforcement of the law relating to\\nchild labor and compulsory education as the education department and the\\nboard of education of each such city shall require and also such further\\ninformation as such board of education shall require.\\n 3. Such board shall provide to the commissioner of education upon\\nwritten request therefor and in such form as shall be prescribed by him,\\na report containing the names, ages and addresses of those children who\\nare blind or deaf and those having serious physical or mental defects.\\nIn addition such report shall indicate whether such children are being\\neducated within the public schools of the district or, if they are not,\\nwhere such education is being furnished them.\\n 4. It shall be the duty of persons in parental relation to any person\\nbetween such ages residing within the limits of any such city to make\\nsuch reports as the board of education of such city shall require. Such\\nreports shall contain the following information:\\n a. Two weeks before any child shall become of the compulsory school\\nage, the name of such child, its residence, the name of the person or\\npersons in parental relation thereto, and the name and location of the\\nschool to which such child shall have been or shall be sent as a pupil.\\n b. In case a child of compulsory school age shall, for any cause, be\\nremoved from one school and sent to another school, or sent to work in\\naccordance with the labor law, all the facts in relation thereto.\\n c. In case the residence of a child shall be removed from one police\\nprecinct to another police precinct, the new residence and the other\\nfacts required in paragraphs a and b of this subdivision.\\n d. In case a child between birth and eighteen years of age shall\\nbecome a resident of such city for the first time, the name, residence\\nand such other facts as the board of education shall require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3242", "title" : "School census in school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3242", "activeDate" : "2014-09-22", "sequenceNo" : 1137, "repealedDate" : null, "fromSection" : "3242", "toSection" : "3242", "text" : " § 3242. School census in school districts. The trustees or board of\\neducation of every school district may cause a census to be taken of all\\nchildren between birth and eighteen years of age, including all such\\nfacts and information as are required in the census provided for in\\nsection thirty-two hundred forty-one of this part. Such census shall be\\nprepared biennially for children between ages five and eighteen who are\\nentitled to attend the public schools without payment of tuition in\\nduplicate in their respective school districts, and one copy thereof\\nfiled with the teacher or principal and the other copy filed with the\\ndistrict superintendent or superintendent on or before the fifteenth day\\nof October. For pre-school students from birth to five years of age,\\nsuch census may be prepared and filed biennially on or before the\\nfifteenth day of October. Such census shall include the reports and\\ninformation required from cities as provided in section thirty-two\\nhundred forty-one of this part. All information regarding a student with\\na disability under the age of twenty-one years shall be filed annually\\nwith the superintendent of the board of cooperative educational services\\nof which said district may be a part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3243", "title" : "Penalty for withholding information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3243", "activeDate" : "2014-09-22", "sequenceNo" : 1138, "repealedDate" : null, "fromSection" : "3243", "toSection" : "3243", "text" : " § 3243. Penalty for withholding information. A parent, guardian or\\nother person having under his control or charge a child between birth\\nand eighteen years of age who withholds or refuses to give information\\nin his possession relating to such child and required under part two of\\nthis article, or any such parent, guardian or other person who gives\\nfalse information in relation thereto, shall be liable to and punished\\nby a fine not exceeding twenty dollars or by imprisonment not exceeding\\nthirty days.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A66", "title" : "Interstate Compact On Educational Opportunity For Military Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-11-19" ], "docLevelId" : "66", "activeDate" : "2014-09-22", "sequenceNo" : 1139, "repealedDate" : null, "fromSection" : "3300", "toSection" : "3318", "text" : " ARTICLE 66\\n INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN\\nSection 3300. Short title.\\n 3301. Purpose.\\n 3302. Definitions.\\n 3303. Applicability.\\n 3304. Educational records and enrollment.\\n 3305. Placement and attendance.\\n 3306. Eligibility.\\n 3307. Graduation.\\n 3308. State coordination.\\n 3309. Interstate commission on educational opportunity for\\n military children.\\n 3310. Powers and duties of the interstate commission.\\n 3311. Organization and operation of the interstate commission.\\n 3312. Rulemaking functions of the interstate commission.\\n 3313. Oversight, enforcement, and dispute resolution.\\n 3314. Financing of the interstate commission.\\n 3315. Member states, effective date and amendment.\\n 3316. Withdrawal and dissolution.\\n 3317. Severability and construction.\\n 3318. Binding effect of compact and other laws.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3300", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3300", "activeDate" : "2014-09-22", "sequenceNo" : 1140, "repealedDate" : null, "fromSection" : "3300", "toSection" : "3300", "text" : " § 3300. Short title. This article shall be known and may be cited as\\nthe \"interstate compact on educational opportunity for military\\nchildren\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3301", "title" : "Purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3301", "activeDate" : "2014-09-22", "sequenceNo" : 1141, "repealedDate" : null, "fromSection" : "3301", "toSection" : "3301", "text" : " § 3301. Purpose. It is the purpose of this compact to remove barriers\\nto educational success imposed on children of military families because\\nof frequent moves and deployment of their parents by:\\n 1. Facilitating the timely enrollment of children of military families\\nand ensuring that they are not placed at a disadvantage due to\\ndifficulty in the transfer of education records from the previous school\\ndistrict or districts or variations in entrance/age requirements.\\n 2. Facilitating the student placement process through which children\\nof military families are not disadvantaged by variations in attendance\\nrequirements, scheduling, sequencing, grading, course content or\\nassessment.\\n 3. Facilitating the qualification and eligibility for enrollment,\\neducational programs, and participation in extracurricular academic,\\nathletic, and social activities.\\n 4. Facilitating the on-time graduation of children of military\\nfamilies.\\n 5. Providing for the promulgation and enforcement of administrative\\nrules implementing the provisions of this compact.\\n 6. Providing for the uniform collection and sharing of information\\nbetween and among member states, schools and military families under\\nthis compact.\\n 7. Promoting coordination between this compact and other compacts\\naffecting military children.\\n 8. Promoting flexibility and cooperation between the educational\\nsystem, parents and the student in order to achieve educational success\\nfor the student.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3302", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-19" ], "docLevelId" : "3302", "activeDate" : "2014-09-22", "sequenceNo" : 1142, "repealedDate" : null, "fromSection" : "3302", "toSection" : "3302", "text" : " § 3302. Definitions. As used in this compact, unless the context\\nclearly requires a different meaning:\\n 1. \"Active duty\" means full-time duty status in the active uniformed\\nservice of the United States, including members of the National Guard\\nand Reserve on active duty orders pursuant to 10 U.S.C. sections 1209\\nand 1211.\\n 2. \"Children of military families\" means a school-aged child or\\nchildren, enrolled in kindergarten through twelfth grade, in the\\nhousehold of an active duty member.\\n 3. \"Compact commissioner\" means the voting representative of each\\ncompacting state appointed pursuant to section thirty-three hundred nine\\nof this article.\\n 4. \"Deployment\" means the period one month prior to the service\\nmembers' departure from their home station on military orders through\\nsix months after return to their home station.\\n 5. \"Education records\" or \"educational records\" means those official\\nrecords, files, and data directly related to a student and maintained by\\nthe school or local educational agency, including but not limited to\\nrecords encompassing all the material kept in the student's cumulative\\nfolder such as general identifying data, records of attendance and of\\nacademic work completed, records of achievement and results of\\nevaluative tests, health data, disciplinary status, test protocols, and\\nindividualized education programs.\\n 6. \"Extracurricular activities\" means a voluntary activity sponsored\\nby the school or local educational agency or an organization sanctioned\\nby the local educational agency. Extracurricular activities include, but\\nare not limited to, preparation for and involvement in public\\nperformances, contests, athletic competitions, demonstrations, displays,\\nand club activities.\\n 7. \"Interstate commission on educational opportunity for military\\nchildren\" means the commission that is created under section\\nthirty-three hundred nine of this article, which is generally referred\\nto in this article as the \"interstate commission\".\\n 8. \"Local educational agency\" means a public authority legally\\nconstituted by the state as an administrative agency to provide control\\nof and direction for kindergarten through twelfth grade public\\neducational institutions. In New York state, a local educational agency\\nmeans a public school district located within New York state.\\n 9. \"Member state\" means a state that has enacted this compact.\\n 10. \"Military installation\" means a base, camp, post, station, yard,\\ncenter, homeport facility for any ship, or other activity under the\\njurisdiction of the department of defense, including any leased\\nfacility, which is located within any of the several states, the\\nDistrict of Columbia, the commonwealth of Puerto Rico, the United States\\nVirgin Islands, Guam, American Samoa, the Northern Marianas Islands and\\nany other United States territory. Such term does not include any\\nfacility used primarily for civil works, rivers and harbors projects, or\\nflood control projects.\\n 11. \"Non-member state\" means a state that has not enacted this\\ncompact.\\n 12. \"Receiving state\" means the state to which a child of a military\\nfamily is sent, brought, or caused to be sent or brought.\\n 13. \"Rule\" means a written statement by the interstate commission\\npromulgated pursuant to section thirty-three hundred twelve of this\\narticle that is of general applicability, implements, interprets or\\nprescribes a policy or provision of the compact, or an organizational,\\nprocedural, or practice requirement of the interstate commission.\\n 14. \"Sending state\" means the state from which a child of a military\\nfamily is sent, brought, or caused to be sent or brought.\\n 15. \"State\" means a state of the United States, the District of\\nColumbia, the commonwealth of Puerto Rico, the United States Virgin\\nIslands, Guam, American Samoa, the Northern Marianas Islands and any\\nother United States territory.\\n 16. \"Student\" means the child of a military family for whom the local\\neducational agency receives public funding and who is formally enrolled\\nin kindergarten through twelfth grade.\\n 17. \"Transition\" means (a) the formal and physical process of\\ntransferring from school to school as a result of military orders or (b)\\nthe period of time in which a student moves from one school in the\\nsending state to another school in the receiving state.\\n 18. \"Uniformed service\" or \"uniformed services\" means the Army, Navy,\\nAir Force, Marine Corps, Coast Guard as well as the Commissioned Corps\\nof the National Oceanic and Atmospheric Administration, and Public\\nHealth Services.\\n 19. \"Veteran\" means a person who served in the uniformed services and\\nwho was discharged or released therefrom under conditions other than\\ndishonorable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3303", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3303", "activeDate" : "2014-09-22", "sequenceNo" : 1143, "repealedDate" : null, "fromSection" : "3303", "toSection" : "3303", "text" : " § 3303. Applicability. 1. Except as otherwise provided in subdivision\\ntwo of this section, this compact shall apply to the children of:\\n (a) active duty members of the uniformed services as defined in this\\ncompact, including members of the National Guard and Reserve on active\\nduty orders pursuant to 10 U.S.C. sections 1209 and 1211;\\n (b) members or veterans of the uniformed services who are severely\\ninjured and medically discharged or retired for a period of one year\\nafter medical discharge or retirement; and\\n (c) members of the uniformed services who die on active duty or as a\\nresult of injuries sustained on active duty for a period of one year\\nafter death.\\n 2. The provisions of this interstate compact shall only apply to local\\neducational agencies as defined in this compact.\\n 3. The provisions of this compact shall not apply to the children of:\\n (a) inactive members of the national guard and military reserves;\\n (b) members of the uniformed services now retired, except as provided\\nin subdivision one of this section;\\n (c) veterans of the uniformed services, except as provided in\\nsubdivision one of this section; and\\n (d) other United States department of defense personnel and other\\nfederal agency civilian and contract employees not defined as active\\nduty members of the uniformed services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3304", "title" : "Educational records and enrollment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3304", "activeDate" : "2014-09-22", "sequenceNo" : 1144, "repealedDate" : null, "fromSection" : "3304", "toSection" : "3304", "text" : " § 3304. Educational records and enrollment. 1. In the event that\\nofficial education records cannot be released to the parents for the\\npurpose of transfer, the custodian of the records in the sending state\\nshall prepare and furnish to the parent a complete set of unofficial\\neducational records, to the extent feasible, and using any template\\ndeveloped by the interstate commission. Upon receipt of the unofficial\\neducation records by a school in the receiving state, the school shall\\nenroll and appropriately place the student based on the information\\nprovided in the unofficial records pending validation by the official\\nrecords, as quickly as possible.\\n 2. Simultaneous with the enrollment and conditional placement of the\\nstudent, the school in the receiving state shall request the student's\\nofficial education record from the school in the sending state. Upon\\nreceipt of this request, the school in the sending state will process\\nand furnish the official education records to the school in the\\nreceiving state within ten days or within such time as is reasonably\\ndetermined under the rules promulgated by the interstate commission.\\n 3. Notwithstanding any provisions of subdivision seven of section\\ntwenty-one hundred sixty-four of the public health law to the contrary,\\ncompacting states shall give thirty days from the date of enrollment or\\nwithin such time as is reasonably determined under the rules promulgated\\nby the interstate commission, for students transferring from a school in\\na sending state to obtain any immunizations required by the receiving\\nstate. For a series of immunizations, initial vaccinations must be\\nobtained within thirty days or within such time as is reasonably\\ndetermined under the rules promulgated by the interstate commission.\\n 4. For purposes of ensuring a smooth educational transition, students\\ntransferring from a local educational agency in a sending state shall\\ninitially be allowed to continue their enrollment at grade level in the\\nreceiving state commensurate with their grade level from a local\\neducational agency in the sending state at the time of transition,\\nregardless of age. A student that has satisfactorily completed the\\nprerequisite grade level in the local educational agency in the sending\\nstate shall initially be eligible for enrollment in the next highest\\ngrade level in the receiving state, regardless of age. A student\\ntransferring after the start of the school year in the receiving state\\nshall enter the school in the receiving state on their validated level\\nfrom an accredited school in the sending state. Nothing in this\\nsubdivision shall prohibit a local educational agency in the receiving\\nstate from performing subsequent evaluations to ensure appropriate\\nplacement of the student.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3305", "title" : "Placement and attendance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3305", "activeDate" : "2014-09-22", "sequenceNo" : 1145, "repealedDate" : null, "fromSection" : "3305", "toSection" : "3305", "text" : " § 3305. Placement and attendance. 1. When the student transfers before\\nor during the school year, the receiving state school shall initially\\nhonor placement of the student in educational courses based on the\\nstudent's enrollment in the sending state school and/or educational\\nassessments conducted at the school in the sending state if the courses\\nare offered and there is space available as determined by the local\\neducational agency. Course placement includes but is not limited to\\nhonors, international baccalaureate, advanced placement, vocational,\\ntechnical and career pathways courses. Where the local educational\\nagency contracts with a board of cooperative educational services to\\ndeliver such courses, the local educational agency and the board of\\ncooperative educational services shall arrange to enroll the student in\\nthe applicable board of cooperative educational services program where\\nthere is space available. Continuing the student's academic program from\\nthe previous school and promoting placement in academically and career\\nchallenging courses should be paramount when considering placement. This\\ndoes not preclude the school in the receiving state from performing\\nsubsequent evaluations to ensure appropriate placement and continued\\nenrollment of the student in the courses.\\n 2. The receiving state school shall initially honor placement of the\\nstudent in educational programs based on current educational assessments\\nconducted at the school in the sending state or participation/placement\\nin like programs in the sending state, provided that the programs and/or\\ncourses exist and there is space available, as determined by the local\\neducational agency. Such programs include, but are not limited to,\\ngifted and talented programs and English as a second language. Nothing\\nin this subdivision shall preclude the school in the receiving state\\nfrom performing subsequent evaluations to ensure appropriate placement\\nof the student.\\n 3. (a) In compliance with the federal requirements of the individuals\\nwith disabilities education act, 20 U.S.C.A. section 1400 et seq, the\\nreceiving state shall initially provide comparable services to a student\\nwith disabilities based on his or her current individualized education\\nprogram; and\\n (b) In compliance with the requirements of section 504 of the\\nrehabilitation act, 29 U.S.C.A. section 794, and with title II of the\\nAmericans with disabilities act, 42 U.S.C.A. sections 12131-12165, the\\nreceiving state shall make reasonable accommodations and modifications\\nto address the needs of incoming students with disabilities, subject to\\nan existing 504 or title II plan, to provide the student with equal\\naccess to education. This does not preclude the school in the receiving\\nstate from performing subsequent evaluations to ensure appropriate\\nplacement of the student.\\n 4. Local educational agency administrative officials shall have\\nflexibility in waiving course or program prerequisites, or other\\npreconditions for placement in courses or programs offered under the\\njurisdiction of the local educational agency.\\n 5. A student whose parent or legal guardian is an active duty member\\nof the uniformed services, as defined by the compact, and has been\\ncalled to duty for, is on leave from, or immediately returned from\\ndeployment to a combat zone or combat support posting, shall be granted\\nadditional excused absences at the discretion of the local educational\\nagency superintendent to visit with his or her parent or legal guardian\\nrelative to such leave or deployment of the parent or guardian.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3306", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3306", "activeDate" : "2014-09-22", "sequenceNo" : 1146, "repealedDate" : null, "fromSection" : "3306", "toSection" : "3306", "text" : " § 3306. Eligibility. 1. (a) When properly executed under applicable\\nlaw, a special power of attorney, relative to the guardianship of a\\nmilitary child, shall be considered sufficient for the sole purpose of\\nestablishing residency of a transferring student into a local\\neducational agency and for all other actions in the local educational\\nagency requiring parental participation and consent, for the duration of\\nthe guardianship. For students attending school in New York, a special\\ndesignation of person in parental relation pursuant to title fifteen-A\\nof article five of the general obligations law, in the form prescribed\\nin paragraph (b) of this subdivision, shall constitute a special power\\nof attorney for such purpose, provided that notwithstanding any other\\nprovision of law to the contrary, such delegation shall remain in effect\\nuntil revoked or the child re-establishes residence with a parent.\\n (b) A local educational agency shall be prohibited from charging local\\ntuition to a transitioning military child placed in the care of a\\nnon-custodial parent or other person standing in loco parentis with a\\nspecial designation of person in parental relation pursuant to title\\nfifteen-A of article five of the general obligations law and this\\nparagraph who lives in a jurisdiction other than that of the custodial\\nparent. The special designation of person in parental relation shall be\\nin the form prescribed by section 5-1552 of the general obligations law,\\nexcept that it shall clearly identify the student as a transitioning\\nmilitary child and shall provide that the designation shall continue in\\neffect until revoked or the child re-establishes residence with a\\nparent. Notwithstanding any provisions of law to the contrary, such\\ndesignation shall not be for a fixed period and shall result in a change\\nin the school district of residence for purposes of this chapter to the\\nschool district in which the designee resides.\\n (c) A transitioning military child, placed in the care of a\\nnon-custodial parent or other person standing in loco parentis who lives\\nin a jurisdiction other than that of the custodial parent, may continue\\nto attend the school within New York in which he or she was enrolled\\nwhile residing with the custodial parent until the child completes the\\nhighest grade level in such school. Nothing in this paragraph shall be\\nconstrued to require a local educational agency to provide\\ntransportation services to such student while residing outside of the\\ndistrict for distances greater than the maximum transportation limit\\nestablished under school district policy.\\n 2. State and local educational agencies shall facilitate the\\nopportunity for transitioning military children's inclusion in\\nextracurricular activities, regardless of application deadlines, to the\\nextent they are otherwise qualified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3307", "title" : "Graduation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3307", "activeDate" : "2014-09-22", "sequenceNo" : 1147, "repealedDate" : null, "fromSection" : "3307", "toSection" : "3307", "text" : " § 3307. Graduation. In order to facilitate the on-time graduation of\\nchildren of military families, states and local educational agencies\\nshall incorporate the following procedures:\\n 1. Local educational agency administrative officials shall waive\\nspecific courses required for graduation if similar coursework has been\\nsatisfactorily completed in another local educational agency or shall\\nprovide reasonable justification for denial. Should a waiver not be\\ngranted to a student who would qualify to graduate from the sending\\nschool, the local educational agency shall provide an alternative means\\nof acquiring required coursework so that graduation may occur on time.\\n 2. States shall accept (a) exit or end-of-course exams required for\\ngraduation from the sending state, (b) national norm referenced\\nachievement tests or (c) alternative testing, in lieu of testing\\nrequirements for graduation in the receiving state. In the event the\\nabove alternatives cannot be accommodated by the receiving state for a\\nstudent transferring in his or her senior year, then the provisions of\\nsubdivision three of this section shall apply.\\n 3. Should a military student transferring at the beginning or during\\nhis or her senior year be ineligible to graduate from the receiving\\nlocal educational agency after all alternatives have been considered,\\nthe sending and receiving local educational agencies shall ensure the\\nreceipt of a diploma from the sending local educational agency, if the\\nstudent meets the graduation requirements of the sending local\\neducational agency. In the event that one of the states in question is\\nnot a member of this compact, the member state shall use best efforts to\\nfacilitate the on-time graduation of the student in accordance with\\nsubdivisions one and two of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3308", "title" : "State coordination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2022-04-15", "2023-04-07" ], "docLevelId" : "3308", "activeDate" : "2014-09-22", "sequenceNo" : 1148, "repealedDate" : null, "fromSection" : "3308", "toSection" : "3308", "text" : " § 3308. State coordination. 1. Each member state shall, through the\\ncreation of a state council or use of an existing body or board, provide\\nfor the coordination among its agencies of government, local educational\\nagencies and military installations concerning the state's participation\\nin, and compliance with, this compact and interstate commission\\nactivities. In New York, the state council shall include the\\ncommissioner or his or her designee, the director of the New York state\\ndivision of veterans' affairs or his or her designee, the adjutant\\ngeneral of the state of New York or his or her designee, a\\nsuperintendent of a school district with a high concentration of\\nmilitary children appointed by the commissioner, a district\\nsuperintendent of schools of a board of cooperative educational services\\nserving an area with a high concentration of military children appointed\\nby the commissioner, a representative from a military installation\\nappointed by the governor, a representative of military families\\nappointed by the governor, a public member appointed by the governor and\\none representative each appointed by the speaker of the assembly, the\\ntemporary president of the senate and the governor.\\n 2. The state council of each member state shall appoint or designate a\\nmilitary family education liaison to assist military families and the\\nstate in facilitating the implementation of this compact.\\n 3. The compact commissioner responsible for the administration and\\nmanagement of the state's participation in the compact shall be\\nappointed by the governor or as otherwise determined by each member\\nstate.\\n 4. The compact commissioner and the military family education liaison\\ndesignated herein shall be ex-officio members of the state council,\\nunless either is already a full voting member of the state council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3309", "title" : "Interstate commission on educational opportunity for military children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3309", "activeDate" : "2014-09-22", "sequenceNo" : 1149, "repealedDate" : null, "fromSection" : "3309", "toSection" : "3309", "text" : " § 3309. Interstate commission on educational opportunity for military\\nchildren. The member states hereby create the \"interstate commission on\\neducational opportunity for military children\". The activities of the\\ninterstate commission are the formation of public policy and are a\\ndiscretionary state function. The interstate commission shall:\\n 1. Be a body corporate and joint agency of the member states and shall\\nhave all the responsibilities, powers and duties set forth herein.\\n 2. Consist of one interstate commission voting representative from\\neach member state who shall be that state's compact commissioner.\\n (a) Each member state represented at a meeting of the interstate\\ncommission is entitled to one vote.\\n (b) A majority of the total member states shall constitute a quorum\\nfor the transaction of business, unless a larger quorum is required by\\nthe bylaws of the interstate commission.\\n (c) A representative shall not delegate a vote to another member\\nstate. In the event the compact commissioner is unable to attend a\\nmeeting of the interstate commission, the governor or state council may\\ndelegate voting authority to another person from their state for a\\nspecified meeting.\\n (d) The bylaws may provide for meetings of the interstate commission\\nto be conducted by telecommunication or electronic communication.\\n 3. Consist of ex-officio, non-voting representatives who are members\\nof interested organizations. Such ex-officio members, as defined in the\\nbylaws, may include but not be limited to, members of the representative\\norganizations of military family advocates, local educational agency\\nofficials, parent and teacher groups, the United States department of\\ndefense, the education commission of the states, the interstate\\nagreement on the qualification of educational personnel and other\\ninterstate compacts affecting the education of children of military\\nmembers.\\n 4. Meet at least once each calendar year. The chairperson may call\\nadditional meetings and, upon the request of a simple majority of the\\nmember states, shall call additional meetings.\\n 5. Establish an executive committee, whose members shall include the\\nofficers of the interstate commission and such other members of the\\ninterstate commission as determined by the bylaws. Members of the\\nexecutive committee shall serve a one year term. Members of the\\nexecutive committee shall be entitled to one vote each. The executive\\ncommittee shall have the power to act on behalf of the interstate\\ncommission, with the exception of rulemaking, during periods when the\\ninterstate commission is not in session. The executive committee shall\\noversee the day-to-day activities of the administration of the compact\\nincluding enforcement and compliance with the provisions of the compact,\\nits bylaws and rules, and other such duties as deemed necessary. The\\nUnited States department of defense, shall serve as an ex-officio,\\nnon-voting member of the executive committee.\\n 6. Establish bylaws and rules that provide for conditions and\\nprocedures under which the interstate commission shall make its\\ninformation and official records available to the public for inspection\\nor copying. The interstate commission may exempt from disclosure\\ninformation or official records to the extent they would adversely\\naffect personal privacy rights or proprietary interests.\\n 7. Give public notice of all meetings and all meetings shall be open\\nto the public, except as set forth in the rules or as otherwise provided\\nin the compact. The interstate commission and its committees may close a\\nmeeting, or portion thereof, where it determines by two-thirds vote that\\nan open meeting would be likely to:\\n (a) Relate solely to the interstate commission's internal personnel\\npractices and procedures;\\n (b) Disclose matters specifically exempted from disclosure by federal\\nand state statute;\\n (c) Disclose trade secrets or commercial or financial information\\nwhich is privileged or confidential;\\n (d) Involve accusing a person of a crime, or formally censuring a\\nperson;\\n (e) Disclose information of a personal nature where disclosure would\\nconstitute a clearly unwarranted invasion of personal privacy;\\n (f) Disclose investigative records compiled for law enforcement\\npurposes; or\\n (g) Specifically relate to the interstate commission's participation\\nin a civil action or other legal proceeding.\\n 8. Shall cause its legal counsel or designee to certify that a meeting\\nmay be closed and shall reference each relevant exemptible provision for\\nany meeting, or portion of a meeting, which is closed pursuant to this\\nprovision. The interstate commission shall keep minutes which shall\\nfully and clearly describe all matters discussed in a meeting and shall\\nprovide a full and accurate summary of actions taken, and the reasons\\ntherefor, including a description of the views expressed and the record\\nof a roll call vote. All documents considered in connection with an\\naction shall be identified in such minutes. All minutes and documents of\\na closed meeting shall remain under seal, subject to release by a\\nmajority vote of the interstate commission.\\n 9. Shall collect standardized data concerning the educational\\ntransition of the children of military families under this compact as\\ndirected through its rules which shall specify the data to be collected,\\nthe means of collection and data exchange and reporting requirements.\\nSuch methods of data collection, exchange and reporting shall, in so far\\nas is reasonably possible, conform to current technology and coordinate\\nits information functions with the appropriate custodian of records as\\nidentified in the bylaws and rules, and shall in all cases be consistent\\nwith all applicable privacy laws.\\n 10. Shall create a process that permits military officials, education\\nofficials and parents to inform the interstate commission if and when\\nthere are alleged violations of the compact or its rules or when issues\\nsubject to the jurisdiction of the compact or its rules are not\\naddressed by the state or local educational agency. This section shall\\nnot be construed to create a private right of action against the\\ninterstate commission or any member state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3310", "title" : "Powers and duties of the interstate commission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3310", "activeDate" : "2014-09-22", "sequenceNo" : 1150, "repealedDate" : null, "fromSection" : "3310", "toSection" : "3310", "text" : " § 3310. Powers and duties of the interstate commission. The interstate\\ncommission shall have the following powers:\\n 1. To provide for dispute resolution among member states.\\n 2. To promulgate rules and take all necessary actions to effect the\\ngoals, purposes and obligations as enumerated in this compact.\\n 3. To issue, upon request of a member state, advisory opinions\\nconcerning the meaning or interpretation of the interstate compact, its\\nbylaws, rules and actions.\\n 4. To enforce compliance with the compact provisions, the rules\\npromulgated by the interstate commission, and the bylaws, using all\\nnecessary and proper means, including but not limited to the use of\\njudicial process.\\n 5. To establish and maintain offices which shall be located within one\\nor more of the member states.\\n 6. To purchase and maintain insurance and bonds.\\n 7. To borrow, accept, hire or contract for services of personnel.\\n 8. To establish and appoint committees including, but not limited to,\\nan executive committee as required by subdivision five of section\\nthirty-three hundred nine of this article which shall have the power to\\nact on behalf of the interstate commission in carrying out its powers\\nand duties hereunder.\\n 9. To elect or appoint such officers, attorneys, employees, agents, or\\nconsultants, and to fix their compensation, define their duties and\\ndetermine their qualifications; and to establish the interstate\\ncommission's personnel policies and programs relating to conflicts of\\ninterest, rates of compensation, and qualifications of personnel.\\n 10. To accept any and all donations and grants of money, equipment,\\nsupplies, materials, and services, and to receive, utilize, and dispose\\nof it.\\n 11. To lease, purchase, accept contributions or donations of, or\\notherwise to own, hold, improve or use any property, real, personal, or\\nmixed.\\n 12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or\\notherwise dispose of any property, real, personal or mixed.\\n 13. To establish a budget and make expenditures.\\n 14. To adopt a seal and bylaws governing the management and operation\\nof the interstate commission.\\n 15. To report annually to the legislatures, governors, judiciary, and\\nstate councils of the member states concerning the activities of the\\ninterstate commission during the preceding year. Such reports shall also\\ninclude any recommendations that may have been adopted by the interstate\\ncommission.\\n 16. To coordinate education, training and public awareness regarding\\nthe compact, its implementation and operation for officials and parents\\ninvolved in such activity.\\n 17. To establish uniform standards for the reporting, collecting and\\nexchanging of data.\\n 18. To maintain corporate books and records in accordance with the\\nbylaws.\\n 19. To perform such functions as may be necessary or appropriate to\\nachieve the purposes of this compact.\\n 20. To provide for the uniform collection and sharing of information\\nbetween and among member states, schools and military families under\\nthis compact consistent with all applicable privacy laws.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3311", "title" : "Organization and operation of the interstate commission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3311", "activeDate" : "2014-09-22", "sequenceNo" : 1151, "repealedDate" : null, "fromSection" : "3311", "toSection" : "3311", "text" : " § 3311. Organization and operation of the interstate commission. 1.\\nThe interstate commission shall, by a majority of the members present\\nand voting, within twelve months after the first interstate commission\\nmeeting, adopt bylaws to govern its conduct as may be necessary or\\nappropriate to carry out the purposes of the compact, including, but not\\nlimited to:\\n (a) Establishing the fiscal year of the interstate commission;\\n (b) Establishing an executive committee, and such other committees as\\nmay be necessary;\\n (c) Providing for the establishment of committees and for governing\\nany general or specific delegation of authority or function of the\\ninterstate commission;\\n (d) Providing reasonable procedures for calling and conducting\\nmeetings of the interstate commission, and ensuring reasonable notice of\\neach such meeting;\\n (e) Establishing the titles and responsibilities of the officers and\\nstaff of the interstate commission;\\n (f) Providing a mechanism for concluding the operations of the\\ninterstate commission and the return of surplus funds that may exist\\nupon the termination of the compact after the payment and reserving of\\nall of its debts and obligations; and\\n (g) Providing \"start up\" rules for initial administration of the\\ncompact.\\n 2. The interstate commission shall, by a majority of the members,\\nelect annually from among its members a chairperson, a vice-chairperson,\\nand a treasurer, each of whom shall have such authority and duties as\\nmay be specified in the bylaws. The chairperson or, in the chairperson's\\nabsence or disability, the vice-chairperson, shall preside at all\\nmeetings of the interstate commission. The officers so elected shall\\nserve without compensation or remuneration from the interstate\\ncommission; provided that, subject to the availability of budgeted\\nfunds, the officers shall be reimbursed for ordinary and necessary costs\\nand expenses incurred by them in the performance of their\\nresponsibilities as officers of the interstate commission.\\n 3. (a) The executive committee shall have such authority and duties as\\nmay be set forth in the bylaws, including but not limited to:\\n (i) Managing the affairs of the interstate commission in a manner\\nconsistent with the bylaws and purposes of the interstate commission;\\n (ii) Overseeing an organizational structure within, and appropriate\\nprocedures for the interstate commission to provide for the creation of\\nrules, operating procedures, and administrative and technical support\\nfunctions; and\\n (iii) Planning, implementing, and coordinating communications and\\nactivities with other state, federal and local government organizations\\nin order to advance the goals of the interstate commission.\\n (b) The executive committee may, subject to the approval of the\\ninterstate commission, appoint or retain an executive director for such\\nperiod, upon such terms and conditions and for such compensation, as the\\ninterstate commission may deem appropriate. The executive director shall\\nserve as secretary to the interstate commission, but shall not be a\\nmember of the interstate commission. The executive director shall hire\\nand supervise such other persons as may be authorized by the interstate\\ncommission.\\n 4. The interstate commission's executive director and its employees\\nshall be immune from suit and liability, either personally or in their\\nofficial capacity, for a claim for damage to or loss of property or\\npersonal injury or other civil liability caused or arising out of or\\nrelating to an actual or alleged act, error, or omission that occurred,\\nor that such person had a reasonable basis for believing occurred,\\nwithin the scope of interstate commission employment, duties, or\\nresponsibilities; provided, that such person shall not be protected from\\nsuit or liability for damage, loss, injury, or liability caused by the\\nintentional or willful and wanton misconduct of such person.\\n (a) The liability of the interstate commission's executive director\\nand employees or interstate commission representatives, acting within\\nthe scope of such person's employment or duties for acts, errors, or\\nomissions occurring within such person's state may not exceed the limits\\nof liability set forth under the constitution and laws of that state for\\nstate officials, employees, and agents. The interstate commission is\\nconsidered to be an instrumentality of the states for the purposes of\\nany such action. Nothing in this section shall be construed to protect\\nsuch person from suit or liability for damage, loss, injury, or\\nliability caused by the intentional or willful and wanton misconduct of\\nsuch person.\\n (b) The interstate commission shall defend the executive director and\\nits employees and, subject to the approval of the attorney general or\\nother appropriate legal counsel of the member state represented by an\\ninterstate commission representative, shall defend such interstate\\ncommission representative in any civil action seeking to impose\\nliability arising out of an actual or alleged act, error or omission\\nthat occurred within the scope of interstate commission employment,\\nduties or responsibilities, or that the defendant had a reasonable basis\\nfor believing occurred within the scope of interstate commission\\nemployment, duties, or responsibilities, provided that the actual or\\nalleged act, error, or omission did not result from intentional or\\nwillful and wanton misconduct on the part of such person.\\n (c) To the extent not covered by the state involved, member state, or\\nthe interstate commission, the representatives or employees of the\\ninterstate commission shall be held harmless in the amount of a\\nsettlement or judgment, including attorney's fees and costs, obtained\\nagainst such persons arising out of an actual or alleged act, error, or\\nomission that occurred within the scope of interstate commission\\nemployment, duties, or responsibilities, or that such persons had a\\nreasonable basis for believing occurred within the scope of interstate\\ncommission employment, duties, or responsibilities, provided that the\\nactual or alleged act, error, or omission did not result from\\nintentional or willful and wanton misconduct on the part of such\\npersons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3312", "title" : "Rulemaking functions of the interstate commission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3312", "activeDate" : "2014-09-22", "sequenceNo" : 1152, "repealedDate" : null, "fromSection" : "3312", "toSection" : "3312", "text" : " § 3312. Rulemaking functions of the interstate commission. 1. The\\ninterstate commission shall promulgate reasonable rules in order to\\neffectively and efficiently achieve the purposes of this compact.\\nNotwithstanding the foregoing, in the event the interstate commission\\nexercises its rulemaking authority in a manner that is beyond the scope\\nof the purposes of this article, or conflicts with the laws of a member\\nstate, or the powers granted hereunder, then such an action by the\\ninterstate commission shall be invalid and have no force or effect.\\n 2. Rules shall be made pursuant to a rulemaking process that\\nsubstantially conforms to section two hundred two of the state\\nadministrative procedure act as may be appropriate to the operations of\\nthe interstate commission.\\n 3. Not later than thirty days after a rule is promulgated, any person\\nmay file a petition for judicial review of the rule; provided, that the\\nfiling of such a petition shall not stay or otherwise prevent the rule\\nfrom becoming effective unless the court finds that the petitioner has a\\nsubstantial likelihood of success. The court shall give deference to the\\nactions of the interstate commission consistent with applicable law and\\nshall not find the rule to be unlawful if the rule represents a\\nreasonable exercise of the interstate commission's authority.\\n 4. If a majority of the legislatures of the compacting states rejects\\na rule by enactment of a statute or resolution in the same manner used\\nto adopt the compact, then such rule shall have no further force and\\neffect in any compacting state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3313", "title" : "Oversight, enforcement, and dispute resolution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3313", "activeDate" : "2014-09-22", "sequenceNo" : 1153, "repealedDate" : null, "fromSection" : "3313", "toSection" : "3313", "text" : " § 3313. Oversight, enforcement, and dispute resolution. 1. (a) All\\ncourts shall take judicial notice of the compact and the rules in any\\njudicial or administrative proceeding in a member state pertaining to\\nthe subject matter of this compact which may affect the powers,\\nresponsibilities or actions of the interstate commission.\\n (b) The interstate commission shall be entitled to receive all service\\nof process in any such proceeding, and shall have standing to intervene\\nin the proceeding for all purposes. Failure to provide service of\\nprocess to the interstate commission shall render a judgment or order\\nvoid as to the interstate commission, this compact or promulgated rules.\\n 2. If the interstate commission determines that a member state has\\ndefaulted in the performance of its obligations or responsibilities\\nunder this compact, or the bylaws or promulgated rules, the interstate\\ncommission shall:\\n (a) Provide written notice to the defaulting state and other member\\nstates, of the nature of the default, the means of curing the default\\nand any action taken by the interstate commission. The interstate\\ncommission shall specify the conditions by which the defaulting state\\nmust cure its default.\\n (b) Provide remedial training and specific technical assistance\\nregarding the default.\\n (c) If the defaulting state fails to cure the default, the defaulting\\nstate shall be terminated from the compact upon an affirmative vote of a\\nmajority of the member states and all rights, privileges and benefits\\nconferred by this compact shall be terminated from the effective date of\\ntermination. A cure of the default does not relieve the offending state\\nof obligations or liabilities incurred during the period of the default.\\n (d) Suspension or termination of membership in the compact shall be\\nimposed only after all other means of securing compliance have been\\nexhausted. Notice of intent to suspend or terminate shall be given by\\nthe interstate commission to the governor, the majority and minority\\nleaders of the defaulting state's legislature, and each of the member\\nstates.\\n (e) The state which has been suspended or terminated is responsible\\nfor all assessments, obligations and liabilities incurred through the\\neffective date of suspension or termination including obligations, the\\nperformance of which extends beyond the effective date of suspension or\\ntermination.\\n (f) The interstate commission shall not bear any costs relating to any\\nstate that has been found to be in default or which has been suspended\\nor terminated from the compact, unless otherwise mutually agreed upon in\\nwriting between the interstate commission and the defaulting state.\\n (g) The defaulting state may appeal the action of the interstate\\ncommission by petitioning the United States district court for the\\nDistrict of Columbia or the federal district where the interstate\\ncommission has its principal offices. The prevailing party shall be\\nawarded all costs of such litigation including reasonable attorney's\\nfees.\\n 3. (a) The interstate commission shall attempt, upon the request of a\\nmember state, to resolve disputes which are subject to the compact and\\nwhich may arise among member states and between member and non-member\\nstates.\\n (b) The interstate commission shall promulgate a rule providing for\\nboth mediation and binding dispute resolution for disputes as\\nappropriate.\\n 4. (a) The interstate commission, in the reasonable exercise of its\\ndiscretion, shall enforce the provisions and rules of this compact.\\n (b) The interstate commission, may by majority vote of the members,\\ninitiate legal action in the United States district court for the\\nDistrict of Columbia or, at the discretion of the interstate commission,\\nin the federal district where the interstate commission has its\\nprincipal offices, to enforce compliance with the provisions of the\\ncompact, its promulgated rules and bylaws, against a member state in\\ndefault. The relief sought may include both injunctive relief and\\ndamages. In the event judicial enforcement is necessary the prevailing\\nparty shall be awarded all costs of such litigation including reasonable\\nattorney's fees.\\n (c) The remedies herein shall not be the exclusive remedies of the\\ninterstate commission. The interstate commission may avail itself of any\\nother remedies available under state law or the regulation of a\\nprofession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3314", "title" : "Financing of the interstate commission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3314", "activeDate" : "2014-09-22", "sequenceNo" : 1154, "repealedDate" : null, "fromSection" : "3314", "toSection" : "3314", "text" : " § 3314. Financing of the interstate commission. 1. The interstate\\ncommission shall pay, or provide for the payment of the reasonable\\nexpenses of its establishment, organization and ongoing activities.\\n 2. The interstate commission may levy on and collect an annual\\nassessment from each member state to cover the cost of the operations\\nand activities of the interstate commission and its staff which must be\\nin a total amount sufficient to cover the interstate commission's annual\\nbudget as approved each year. The aggregate annual assessment amount\\nshall be allocated based upon a formula to be determined by the\\ninterstate commission, which shall promulgate a rule binding upon all\\nmember states.\\n 3. The interstate commission shall not incur obligations of any kind\\nprior to securing the funds adequate to meet the same; nor shall the\\ninterstate commission pledge the credit of any of the member states,\\nexcept by and with the authority of the member state.\\n 4. The interstate commission shall keep accurate accounts of all\\nreceipts and disbursements. The receipts and disbursements of the\\ninterstate commission shall be subject to the audit and accounting\\nprocedures established under its bylaws. However, all receipts and\\ndisbursements of funds handled by the interstate commission shall be\\naudited yearly by a certified or licensed public accountant and the\\nreport of the audit shall be included in and become part of the annual\\nreport of the interstate commission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3315", "title" : "Member states, effective date and amendment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3315", "activeDate" : "2014-09-22", "sequenceNo" : 1155, "repealedDate" : null, "fromSection" : "3315", "toSection" : "3315", "text" : " § 3315. Member states, effective date and amendment. 1. Any state is\\neligible to become a member state.\\n 2. The compact shall become effective and binding upon legislative\\nenactment of the compact into law by no less than ten of the states.\\nThereafter it shall become effective and binding as to any other member\\nstate upon enactment of the compact into law by that state. The\\ngovernors of non-member states or their designees shall be invited to\\nparticipate in the activities of the interstate commission on a\\nnonvoting basis prior to adoption of the compact by all states.\\n 3. The interstate commission may propose amendments to the compact for\\nenactment by the member states. No amendment shall become effective and\\nbinding upon the interstate commission and the member states unless and\\nuntil it is enacted into law by unanimous consent of the member states.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3316", "title" : "Withdrawal and dissolution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3316", "activeDate" : "2014-09-22", "sequenceNo" : 1156, "repealedDate" : null, "fromSection" : "3316", "toSection" : "3316", "text" : " § 3316. Withdrawal and dissolution. 1. Once effective, the compact\\nshall continue in force and remain binding upon each and every member\\nstate; provided that a member state may withdraw from the compact by\\nspecifically repealing the statute, which enacted the compact into law.\\n 2. Withdrawal from this compact shall be by the enactment of a statute\\nrepealing the same, but shall not take effect until written notice of\\nthe withdrawal has been given by the withdrawing state to the governor\\nof each other member jurisdiction.\\n 3. The withdrawing state shall immediately notify the chairperson of\\nthe interstate commission in writing upon the introduction of\\nlegislation repealing this compact in the withdrawing state. The\\ninterstate commission shall notify the other member states of the\\nwithdrawing state's intent to withdraw within sixty days of its receipt\\nthereof.\\n 4. The withdrawing state is responsible for all assessments,\\nobligations and liabilities incurred through the effective date of\\nwithdrawal, including obligations, the performance of which extend\\nbeyond the effective date of withdrawal.\\n 5. Reinstatement following withdrawal of a member state shall occur\\nupon the withdrawing state reenacting the compact or upon such later\\ndate as determined by the interstate commission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3317", "title" : "Severability and construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3317", "activeDate" : "2014-09-22", "sequenceNo" : 1157, "repealedDate" : null, "fromSection" : "3317", "toSection" : "3317", "text" : " § 3317. Severability and construction. 1. The provisions of this\\ncompact shall be severable, and if any phrase, clause, sentence or\\nprovision is deemed unenforceable, the remaining provisions of the\\ncompact shall be enforceable.\\n 2. The provisions of this compact shall be liberally construed to\\neffectuate its purposes.\\n 3. Nothing in this compact shall be construed to prohibit the\\napplicability of other interstate compacts to which the states are\\nmembers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3318", "title" : "Binding effect of compact and other laws", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3318", "activeDate" : "2014-09-22", "sequenceNo" : 1158, "repealedDate" : null, "fromSection" : "3318", "toSection" : "3318", "text" : " § 3318. Binding effect of compact and other laws. 1. All agreements\\nbetween the interstate commission and the member states are binding in\\naccordance with their terms.\\n 2. In the event any provision of this compact exceeds the\\nconstitutional limits imposed on the legislature of any member state,\\nsuch provision shall be ineffective to the extent of the conflict with\\nthe constitutional provision in question in that member state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T5", "title" : "Taxation and Financial Administration", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 1159, "repealedDate" : null, "fromSection" : "3601", "toSection" : "3816", "text" : " TITLE V\\n TAXATION AND FINANCIAL ADMINISTRATION\\nArticle 73 Apportionment of public moneys (§§ 3601--3650-c).\\n Part I--General provisions (§§ 3601-3612).\\n Part II--Aidable transportation expense (§§ 3620-3628).\\n Part III--Transportation services (§§ 3635-3637).\\n Part IV--Special apportionments and grants-in-aid\\n (§§ 3640-3642).\\n Part V--Comprehensive school bus driver safety training\\n program (§§ 3650--3650-c).\\n 74 Reserve funds (§§ 3651-3652).\\n 75 Trusts for schools; gospel and school lots (§§ 3701-3713).\\n 77 Fines, penalties, forfeitures and costs (§§ 3801-3816).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A73", "title" : "Apportionment of Public Moneys", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "73", "activeDate" : "2014-09-22", "sequenceNo" : 1160, "repealedDate" : null, "fromSection" : "3601", "toSection" : "3650-C", "text" : " ARTICLE 73\\n APPORTIONMENT OF PUBLIC MONEYS\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A73P1", "title" : "General Provisions", "docType" : "PART", "publishedDates" : [ "2014-09-22", "2015-04-24", "2018-04-27", "2024-01-19", "2024-05-31" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1161, "repealedDate" : null, "fromSection" : "3601", "toSection" : "3613", "text" : " PART I\\n GENERAL PROVISIONS\\nSection 3601. When apportioned and how applied.\\n 3602. Apportionment of public moneys to school districts\\n employing eight or more teachers.\\n 3602-b. Apportionment of moneys to school districts employing\\n fewer than eight teachers.\\n 3602-c. Apportionment of moneys to school districts for the\\n provision of services to pupils attending nonpublic\\n schools.\\n 3602-d. Work-prep education program.\\n 3602-e. Universal prekindergarten program.\\n 3602-ee. Statewide universal full-day pre-kindergarten program.\\n 3602-f. Apportionment of moneys to school districts that result\\n from the partitioning of territory and formation of\\n new school districts by district superintendents.\\n 3604. Conditions under which districts are entitled to\\n apportionment.\\n 3606. Nonresident academic attendance; manner of certifying\\n and paying apportionment.\\n 3607. Manner of payment of moneys apportioned.\\n 3608. Certificate of apportionment by commissioner of\\n education.\\n 3609-a. Moneys apportioned, when and how payable commencing\\n July first, two thousand seven.\\n 3609-b. Moneys apportioned for students with disabilities, when\\n and how payable.\\n 3609-d. Moneys apportioned for board of cooperative educational\\n services aidable expenditures when and how payable\\n commencing July first, two thousand four.\\n 3609-e. School tax relief aid, when and how payable commencing\\n July first, nineteen hundred ninety-eight.\\n 3609-f. Moneys apportioned to school districts for lottery\\n grants pursuant to subparagraph two-a of paragraph b\\n of subdivision four of section ninety-two-c of the\\n state finance law, when and how payable commencing\\n July first, two thousand seven.\\n 3609-g. Moneys apportioned to school districts for\\n reimbursement of article twenty-three of the tax law\\n payments commencing in the 2009-2010 school year.\\n 3610. Apportionment for apprenticeship training.\\n 3611. Racial and cultural awareness fund.\\n 3612. Teachers of tomorrow teacher recruitment and retention\\n program.\\n 3613. School district reorganizations and real property tax\\n rates.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3601", "title" : "When apportioned and how applied", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-27", "2024-01-19", "2024-05-31" ], "docLevelId" : "3601", "activeDate" : "2014-09-22", "sequenceNo" : 1162, "repealedDate" : null, "fromSection" : "3601", "toSection" : "3601", "text" : " § 3601. When apportioned and how applied. The amount annually\\nappropriated by the legislature for general support for public schools,\\nnet of disallowances, refunds, reimbursements and credits, shall be\\napportioned by the commissioner each year prior to the dates of the\\nrespective final payments provided by law and all moneys so apportioned\\nshall be applied exclusively to school purposes authorized by law.\\nGeneral state aid claims, on forms prescribed by the commissioner, shall\\nbe submitted to the commissioner by September second of each school\\nyear, except that the audit report required by subdivision three of\\nsection twenty-one hundred sixteen-a of this chapter shall be submitted\\nto the commissioner by October fifteenth following the close of the\\nschool year audited for all districts other than the city school\\ndistricts of the cities of Buffalo, Rochester, Syracuse, Yonkers and New\\nYork and by January first following the close of the school year audited\\nfor such city school districts. No aid shall be paid to a school\\ndistrict or board of cooperative educational services prior to the\\nsubmission of claims as required by the commissioner, except that no aid\\ncertified as payable to a school district by the commissioner of\\ntaxation and finance pursuant to paragraph (c) of subdivision three of\\nsection thirteen hundred six-a of the real property tax law shall be\\nwithheld due to the failure of the school district to submit general\\nstate aid claims required by the commissioner, and except that no aids\\nshall be withheld due to the failure of a school district to submit the\\naudit report required by subdivision three of section twenty-one hundred\\nsixteen-a of this chapter until the thirtieth day following the due date\\nspecified in this section for such report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602", "title" : "Apportionment of public moneys to school districts employing eight or more teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-04-24", "2015-07-03", "2016-04-08", "2016-07-08", "2016-07-29", "2016-09-09", "2016-12-02", "2016-12-09", "2017-04-21", "2017-07-07", "2017-08-18", "2017-12-22", "2018-04-27", "2018-06-08", "2018-07-06", "2018-12-14", "2019-04-19", "2019-07-05", "2020-04-17", "2020-07-03", "2021-04-23", "2021-11-19", "2022-03-04", "2022-04-15", "2022-07-08", "2023-01-06", "2023-03-10", "2023-05-12", "2023-07-07", "2023-10-20", "2023-11-03", "2024-04-26", "2024-05-31", "2024-07-12", "2024-09-13", "2024-12-20", "2025-01-10", "2025-04-18", "2025-05-16", "2025-07-04", "2025-08-15", "2025-08-22", "2025-11-28", "2026-05-29", "2026-06-05" ], "docLevelId" : "3602", "activeDate" : "2014-09-22", "sequenceNo" : 1163, "repealedDate" : null, "fromSection" : "3602", "toSection" : "3602", "text" : " § 3602. Apportionment of public moneys to school districts employing\\neight or more teachers. Notwithstanding any other provisions of this\\nchapter or any other provisions of law, each school district of the\\nstate employing eight or more teachers shall receive its apportionment\\nof public money payable during the school year commencing July first,\\nnineteen hundred ninety-three and during subsequent school years\\npursuant to the provisions of this section and in lieu of any\\napportionments or payments otherwise payable under any other section of\\nthis chapter except any such apportionments or payments that may be\\npayable to such district for school lunches, for textbooks, school\\nlibrary materials, computer hardware or computer software, for services\\nor programs provided by a board of cooperative educational services or\\nby a county vocational education and extension board for such district,\\nfor the education of Indian children of a reservation under a contract\\nwith the state, by virtue of chapter six hundred thirty-five of the laws\\nof nineteen hundred sixty-one, for school tax relief aid, or for\\nexperimental or special programs in selected school districts, including\\nbut not limited to special apportionments and grants-in-aid pursuant to\\nsection thirty-six hundred forty-one of this article.\\n 1. Definitions. As used in this section the following terms shall be\\ndefined as follows:\\n a. \"Current year\" shall mean the school year during which the\\napportionment is to be paid pursuant to this section.\\n b. \"Base year\" shall mean the school year immediately preceding the\\ncurrent year.\\n c. \"Actual valuation\" shall mean the valuation of taxable real\\nproperty in a school district obtained by taking the assessed valuation\\nof taxable real property within such district as it appears upon the\\nassessment roll of the town, city, village, or county in which such\\nproperty is located, for the calendar year two years prior to the\\ncalendar year in which the base year commenced, after revision as\\nprovided by law, and dividing it by the state equalization rate as\\ndetermined by the state board of equalization and assessment, for the\\nassessment roll of such town, city, village, or county completed during\\nsuch preceding calendar year. The actual valuation of a central high\\nschool district shall be the sum of such valuations of its component\\ndistricts. Such actual valuation shall include any actual valuation\\nequivalent of payments in lieu of taxes determined pursuant to section\\nfour hundred eighty-five of the real property tax law. \"Selected actual\\nvaluation\" shall mean the lesser of actual valuation calculated for aid\\npayable in the current year or the two-year average of the actual\\nvaluation calculated for aid payable in the current year and the actual\\nvaluation calculated for aid payable in the base year.\\n d. \"Average daily attendance\" shall mean the total number of\\nattendance days of pupils in a public school of a school district in\\nkindergarten through grade twelve, or equivalent ungraded programs, plus\\nthe total number of instruction days for such pupils receiving homebound\\ninstruction including pupils receiving instruction through a two-way\\ntelephone communication system, divided by the number of days the\\ndistrict school was in session as provided in this section. The\\nattendance of pupils with disabilities attending under the provisions of\\nparagraph c of subdivision two of section forty-four hundred one of this\\nchapter shall be added to average daily attendance.\\n (1) Equivalent attendance shall mean the quotient of the total number\\nof student hours of instruction in programs in a public school of a\\nschool district or a board of cooperative educational services leading\\nto a high school diploma or a high school equivalency diploma as defined\\nin regulations of the commissioner for pupils under the age of\\ntwenty-one not on a regular day school register of the district, divided\\nby one thousand. Average daily attendance shall include the equivalent\\nattendance of the school district. For the purposes of secondary school\\nweighting, such equivalent attendance shall be considered as average\\ndaily attendance in grades seven through twelve.\\n (2) In computing average daily attendance, school districts may, with\\nthe commissioner's approval, exclude attendance for those days on which\\nschool attendance was adversely affected because of an epidemic or\\nmanmade or natural disaster or act of terrorism. In computing such\\nattendance, the school district shall: (i) determine the number of\\nreligious holidays which fall on a school day within a school year\\naccording to regulations established by the commissioner, such religious\\nholidays to be duly recognized as such for purposes of this section by\\nduly adopted resolution of the board of education; (ii) deduct the\\naggregate attendance on such religious holidays from the total aggregate\\nattendance, by grade level; (iii) deduct such religious holidays from\\nthe total number of days of session, by grade level; and (iv) compute\\nthe average daily attendance for the school year.\\n e. Pupils with special educational needs.\\n (1) \"Percentage of pupils with special educational needs\" shall be\\nbased on the following tests: the third and sixth grade reading and math\\ntests administered in spring of nineteen hundred eighty-five and the\\nspring of nineteen hundred eighty-six. Such percentage shall be\\ncalculated as follows:\\n (i) determine the number of pupils tested who scored below the\\nstatewide reference point as determined by the commissioner on each test\\nadministered pursuant to this subparagraph, plus pupils, other than\\npupils with disabilities and pupils with limited English proficiency as\\ndefined by the commissioner who are exempt from taking such tests,\\nprovided, however, that a district employing eight or more teachers in\\nsuch years but not operating each grade may use the percentage computed\\npursuant to this paragraph for the district which in such years enrolled\\nthe greatest number of pupils in such grade from such district;\\n (ii) divide the sum of such numbers by the number of such pupils who\\ntook each of such tests, plus pupils, other than pupils with\\ndisabilities and pupils with limited English proficiency as defined by\\nthe commissioner who are exempt from taking such tests, provided,\\nhowever, that a district which in any of the applicable school years did\\nnot maintain a home school or employed fewer than eight teachers, and\\nwhich in the base year employed eight or more teachers, may use the\\nscores in a later test as designated by the commissioner for the\\npurposes of this paragraph;\\n (iii) express the result as a percentage carried to one decimal place\\nwithout rounding; and\\n (iv) for the purposes of the computation made pursuant to this\\nsubparagraph, pupils attending campus schools of the state university\\nshall be included in the numbers of pupils in the district in which they\\nreside. The percentage of such pupils in component districts shall be\\nused in the case of central high school districts. The commissioner\\nshall make adjustments for differences in tests and test administration\\nin accordance to regulations adopted for such purposes.\\n (2) (i) For the computation of total wealth pupil units, \"pupils with\\nspecial educational needs\" shall be computed by multiplying the\\npercentage of pupils with special educational needs by the district's\\nadjusted average daily attendance.\\n (ii) For the computation of total aidable pupils units pursuant to\\nsubdivision eight of this section for aid payable in the nineteen\\nhundred ninety-seven--ninety-eight through the two thousand six--two\\nthousand seven school years, \"pupils with special educational needs\"\\nshall be the product of the percentage of pupils with special\\neducational needs, the district's adjusted average daily attendance for\\nthe year prior to the base year, and the enrollment index.\\n (iii) For the computation of total aidable pupils units pursuant to\\nparagraph e of subdivision two of this section for aid payable in the\\ntwo thousand seven--two thousand eight school year and thereafter,\\n\"pupils with special educational needs\" shall be the product of the\\npercentage of pupils with special educational needs, the district's\\nadjusted average daily attendance for the year prior to the base year,\\nand the enrollment index.\\n (3) \"Weighted pupils with special educational needs\" shall be computed\\nby multiplying pupils with special educational needs by twenty-five\\npercentum, with the result rounded up to the next whole number. For the\\npurposes of the computation of additional aidable pupil units for\\ninclusion in total wealth pupil units, the computations made pursuant to\\nthis paragraph shall include only resident pupils.\\n f. \"Expense per pupil\" shall mean approved operating expense for the\\nyear prior to the base year divided by the sum, computed using year\\nprior to the base year pupil counts, of the total aidable pupil units\\nplus weighted pupils with disabilities, provided that for the two\\nthousand six--two thousand seven school year and prior school years,\\ntotal aidable pupil units plus weighted pupils with handicapping\\nconditions shall be used in such computation. Expense per pupil for each\\nborough in the city school district of the city of New York shall be the\\nexpense per pupil of the entire city school district.\\n g. \"Summer session pupils\" shall mean those pupils attending approved\\nprograms of instruction operated by the district during the months of\\nJuly and August in accordance with the regulations promulgated by the\\ncommissioner.\\n h. \"Adjusted gross income\" shall mean the adjusted gross income of a\\nschool district for the calendar year three years prior to the calendar\\nyear in which the current year commences. The income data shall be\\ncomputed in accordance with regulations adopted by the commissioner of\\ntaxation and finance based upon personal income tax returns for the\\ncalendar year three years prior to the calendar year in which the\\ncurrent school year commences, as reported to the commissioner by\\nSeptember of the base year, including the results of the permanent\\ncomputerized statewide school district address match and income\\nverification system. The adjusted gross income of the city school\\ndistrict of the city of New York shall be the sum of the adjusted gross\\nincome of the boroughs of the city. The adjusted gross income of a\\ncentral high school district shall equal the sum of the adjusted gross\\nincome of each of its component school districts. \"Selected adjusted\\ngross income\" shall mean the lesser of adjusted gross income calculated\\nfor aid payable in the current year or the two-year average of the\\nadjusted gross income calculated for aid payable in the current year and\\nthe adjusted gross income calculated for aid payable in the base year.\\n i. \"Weighted pupils with disabilities\" shall be computed as follows:\\n (1) \"Pupils with disabilities\" shall mean pupils of school age who are\\nidentified as students with disabilities pursuant to article eighty-nine\\nof this chapter and the regulations of the commissioner and who receive\\nspecial education services or attend special education programs which\\nmeet criteria established by the commissioner, operated by a school\\ndistrict eligible for total foundation aid pursuant to this section or\\nby a board of cooperative educational services, whether or not the\\nschool district is a component of such board.\\n (2) \"Declassification pupils\" shall mean pupils enrolled in a\\nfull-time regular education program, who were enrolled in a special\\neducation program in the prior year. Services to pupils shall be\\nprovided on a regular basis and may include, but not be limited to\\npsychological, social work, speech and language services and noncareer\\ncounseling services provided by qualified professional personnel as\\ndefined in regulations of the commissioner. Services for teachers of\\nsuch pupils may include the assistance of teacher aides or consultation\\nwith appropriate personnel. When a committee on special education\\ndetermines that a pupil no longer needs special education services and\\nis ready for a full-time regular education program, such committee shall\\nidentify and recommend the appropriate declassification support services\\nfor the first year in the regular education program.\\n (3) \"Weighted pupils with disabilities\" shall mean the attendance, as\\ndefined in the regulations of the commissioner, of pupils with\\ndisabilities who have been determined by a school district committee on\\nspecial education to require any of the following types and levels of\\nprograms or services specified in this subparagraph, and who receive\\nsuch programs and services from the school district of attendance during\\nthe base year, multiplied by a special services weighting determined as\\nfollows:\\n (i) for placement for sixty per centum or more of the school day in a\\nspecial class, or home or hospital instruction for a period of more than\\nsixty days, or special services or programs for more than sixty per\\ncentum of the school day, the special services weighting shall be one\\nhundred seventy percent;\\n (ii) for placement for twenty per centum or more of the school week in\\na resource room or special services or programs including related\\nservices required for twenty per centum or more of the school week, or\\nin the case of pupils in grades seven through twelve or a multi-level\\nmiddle school program as defined by the commissioner or in the case of\\npupils in grades four through six in an elementary school operating on a\\nperiod basis, the equivalent of five periods per week, but not less than\\nthe equivalent of one hundred eighty minutes in a resource room or in\\nother special services or programs including related services, or for at\\nleast two hours per week of direct or indirect consultant teacher\\nservices, in accordance with regulations of the commissioner adopted for\\nsuch purpose, the special services weighting shall be ninety percent.\\n (3-a) \"Resident weighted pupils with disabilities\" shall mean weighted\\npupils with disabilities minus the nonresident weighted pupils with\\ndisabilities plus the resident weighted pupils with disabilities to whom\\nspecial services or programs are provided by another public school\\ndistrict.\\n (4) \"Weighted foundation pupils with disabilities\" shall mean the sum\\nof\\n (i) the full-time equivalent enrollment, as defined in the regulations\\nof the commissioner, of pupils with disabilities who have been\\ndetermined by a school district committee on special education to\\nrequire any of the following types and levels of programs or services\\nspecified in this subparagraph, and who receive such programs and\\nservices from the school district of attendance, multiplied by a special\\nservices weighting based on an analysis of costs of special education\\nand general education in successful school districts, provided that the\\nweighting for the two thousand seven--two thousand eight school year and\\nthereafter shall be one and forty-one hundredths (1.41):\\n (A) placement for sixty per centum or more of the school day in a\\nspecial class, or\\n (B) home or hospital instruction for a period of more than sixty days,\\nor\\n (C) special services or programs for more than sixty per centum of the\\nschool day, or\\n (D) placement for twenty per centum or more of the school week in a\\nresource room or to require special services or programs including\\nrelated services for twenty per centum or more of the school week, or in\\nthe case of pupils in grades seven through twelve or a multi-level\\nmiddle school program as defined by the commissioner or in the case of\\npupils in grades four through six in an elementary school operating on a\\nperiod basis, the equivalent of five periods per week, but not less than\\nthe equivalent of one hundred eighty minutes in a resource room or in\\nother special services or programs including related services, or\\n (E) at least two hours per week of direct or indirect consultant\\nteacher services, in accordance with regulations of the commissioner\\nadopted for such purpose, plus\\n (ii) the full time equivalent enrollment of declassification pupils\\nmultiplied by a declassification weighting of five-tenths (0.5).\\n (5) \"Resident weighted supplemental pupils with disabilities\" shall\\nmean weighted supplemental pupils with disabilities minus the\\nnonresident weighted supplemental pupils with disabilities plus the\\nresident weighted supplemental pupils with disabilities to whom special\\nservices or programs are provided by another public school district,\\nwhere \"weighted supplemental pupils with disabilities\" shall mean the\\nattendance, as defined in the regulations of the commissioner, of pupils\\nwith disabilities who have been determined by a school district\\ncommittee on special education to require any of the following types and\\nlevels of programs or services specified in this subparagraph, and who\\nreceive such programs and services from the school district of\\nattendance during the base year, multiplied by a special services\\nweighting determined as follows:\\n (i) for placement for sixty per centum or more of the school day in a\\nspecial class, or home or hospital instruction for a period of more than\\nsixty days, or special services or programs for more than sixty per\\ncentum of the school day, the special services weighting shall be one\\nhundred sixty-five percent;\\n (ii) for placement for twenty per centum or more of the school week in\\na resource room or special services or programs including related\\nservices required for twenty per centum or more of the school week, or\\nin the case of pupils in grades seven through twelve or a multi-level\\nmiddle school program as defined by the commissioner or in the case of\\npupils in grades four through six in an elementary school operating on a\\nperiod basis, the equivalent of five periods per week, but not less than\\nthe equivalent of one hundred eighty minutes in a resource room or in\\nother special services or programs including related services, or for at\\nleast two hours per week of direct or indirect consultant teacher\\nservices, in accordance with regulations of the commissioner adopted for\\nsuch purpose, the special services weighting shall be ninety percent.\\n (6) \"Integrated settings weighted pupils with disabilities\" shall be\\nthe product of the attendance in the year prior to the base year of\\npupils who have been determined by a committee on special education to\\nrequire special services or programs for sixty per centum or more of the\\nschool day pursuant to clause (i) of subparagraph three of this\\nparagraph and are provided special services or programs in the general\\neducation setting by qualified personnel, as defined in the regulations\\nof the commissioner, multiplied by five tenths.\\n j. \"Total foundation aid base\" for the purposes of this section (i)\\nfor aid payable in the two thousand seven--two thousand eight school\\nyear, the total foundation aid base shall equal the total amount a\\ndistrict was eligible to receive in the base year for\\n (1) flex aid in an amount equal to the sum of (A) the amount set forth\\nfor each school district as \"FLEX AID\" under the heading \"2005-06 Base\\nYear Aids\" in the school aid computer listing produced by the\\ncommissioner in support of the executive budget request for the\\n2006--2007 school year and entitled \"BT131-6\", and (B) the additional\\nFLEX aid equivalent as computed pursuant to chapter fifty-eight of the\\nlaws of two thousand six;\\n (2) the extraordinary needs equivalent aid apportionment computed\\npursuant to chapter fifty-eight of the laws of two thousand six, as\\namended by chapter sixty-one of the laws of two thousand six;\\n (3) an amount equal to the amount such district received for early\\ngrade class size reduction grants pursuant to or in lieu of subdivision\\nthirty-seven of this section, provided that such amount computed and\\npayable as of September one of the school year immediately following the\\nschool year for which such aid is claimed shall be deemed final and not\\nsubject to change;\\n (4) the growth aid equivalent apportionment computed pursuant to\\nchapter fifty-eight of the laws of two thousand six;\\n (5) the enrollment adjustment aid apportionment computed pursuant to\\nchapter fifty-eight of the laws of two thousand six;\\n (6) the reorganization incentive operating aid equivalent computed\\npursuant to chapter fifty-eight of the laws of two thousand six;\\n (7) the tax limitation aid equivalent computed pursuant to chapter\\nfifty-eight of the laws of two thousand six;\\n (8) the high tax aid apportionment computed pursuant to chapter\\nfifty-eight of the laws of two thousand six, as amended by chapter\\nsixty-one of the laws of two thousand six;\\n (9) the additional limited English proficiency aid equivalent\\napportionment computed pursuant to chapter fifty-eight of the laws of\\ntwo thousand six, as amended by chapter sixty-one of the laws of two\\nthousand six;\\n (10) the positive difference of the public excess cost aid equivalent\\napportionment computed pursuant to chapter fifty-eight of the laws of\\ntwo thousand six, minus the amount computed under paragraph five of\\nsubdivision nineteen of this section;\\n (11) teacher support payments made in the 2006--2007 school year as\\nfollows: to the city school district of the city of New York, sixty-two\\nmillion seven hundred seven thousand dollars; to the Buffalo city school\\ndistrict, one million, seven hundred forty-one thousand dollars; to the\\nRochester city school district, one million, seventy-six thousand\\ndollars; to the Syracuse city school district, eight hundred nine\\nthousand dollars; and to the Yonkers city school district, one million,\\none hundred forty-seven thousand dollars;\\n (12) an amount equal to the amount such district was eligible to\\nreceive pursuant to or in lieu of subdivision thirty-one-a of this\\nsection;\\n (13) an amount equal to a share of three million dollars in the same\\nproportion as such district's share of Fort Drum school district grants\\nfor the 2005--2006 school year, and additional amounts provided to the\\nIndian River central school district, the Watertown city school district\\nand the Carthage central school district pursuant to chapter fifty-three\\nof the laws of two thousand six to account for an increase in student\\nenrollment as a result of the expansion of Fort Drum;\\n (14) payments made in the 2006--2007 school year for magnet school\\ngrants pursuant to or in lieu of subdivision five of section thirty-six\\nhundred forty-one of this article, as follows: to the Albany city school\\ndistrict, three million, five hundred fifty thousand dollars; to the\\nAmsterdam city school district, eight hundred thousand dollars; to the\\nBeacon city school district, five hundred sixty-six thousand dollars; to\\nthe Buffalo city school district, twenty-one million twenty-five\\nthousand dollars; to the Freeport union free school district, four\\nhundred thousand dollars; to the Greenburgh central school district,\\nthree hundred thousand dollars; to the Hudson city school district, four\\nhundred thousand dollars; to the Middletown city school district, four\\nhundred thousand dollars; to the Mount Vernon city school district, two\\nmillion dollars; to the New Rochelle city school district, one million,\\nfour hundred ten thousand dollars; to the city school district of the\\ncity of New York, forty-eight million, one hundred seventy-five thousand\\ndollars; to the Newburgh city school district, four million, six hundred\\nforty-five thousand dollars; to the Niagara Falls city school district,\\nsix hundred thousand dollars; to the Peekskill city school district, two\\nhundred thousand dollars; to the Port Chester city school district, one\\nmillion, one hundred fifty thousand dollars; to the Poughkeepsie city\\nschool district, two million, four hundred seventy-five thousand\\ndollars; to the Rochester city school district, fifteen million dollars;\\nto the Schenectady city school district, one million, eight hundred\\nthousand dollars; to the Syracuse city school district, thirteen million\\ndollars; to the Utica city school district, two million dollars; to the\\nWhite Plains city school district, nine hundred thousand dollars; to the\\nYonkers city school district, forty-nine million, five hundred thousand\\ndollars;\\n (15) an amount equal to the amount received by such district in the\\n2005--2006 school year pursuant to subdivision six of section thirty-six\\nhundred forty-one of this article;\\n (16) an amount equal to the amount received by such district in the\\n2005--2006 school year pursuant to subdivision seven of section\\nthirty-six hundred forty-one of this article;\\n (17) sound basic education aid equal to the sum of (A) the district's\\nbase year apportionment for sound basic education aid set forth for each\\nschool district as \"2005-2006 Sound Basic Education\" in the school aid\\ncomputer listing produced by the commissioner in support of the\\nexecutive budget request for the 2006--2007 school year and entitled\\n\"BT131-6\" plus (B) the product of three hundred seventy-five million\\ndollars ($375,000,000) multiplied by the district's SBE ratio. The \"SBE\\nratio\" shall be equal to the quotient of the district's apportionment\\nfor sound basic education aid set forth for each school district as\\n\"2005-06 Sound Basic Education\" in the school aid computer listing\\nproduced by the commissioner in support of the executive budget request\\nfor the 2006--2007 school year and entitled \"BT131-6\", divided by the\\nsum of such apportionments set forth for all school districts as\\n\"2005-06 Sound Basic Education\" in such school aid computer listing\\nentitled \"BT131-6\".\\n (18) the net tuition adjustment computed for the 2006--07 school year\\npursuant to or in lieu of paragraph g of subdivision two of this\\nsection.\\n (ii) For aid payable in the two thousand eight--two thousand nine\\nschool year and thereafter, the total foundation aid base shall equal\\nthe total amount a district was eligible to receive in the base year\\npursuant to subdivision four of this section.\\n k. \"Attendance ratio\" shall mean the number computed to four decimals\\nwithout rounding when the aggregate days attendance is divided by the\\npossible aggregate attendance of all pupils in attendance in the\\ndistrict, as computed for each school district by the commissioner by\\nJune first of the year following the attendance year.\\n l. \"Average daily membership\" shall mean the possible aggregate\\nattendance of all pupils in attendance in a public school of the school\\ndistrict in kindergarten through grade twelve, or equivalent ungraded\\nprograms, including possible aggregate attendance for such pupils\\nreceiving homebound instruction, including pupils receiving instruction\\nthrough a two-way telephone communication system, with the possible\\naggregate attendance of such pupils in one-half day kindergartens\\nmultiplied by one-half, divided by the number of days the district\\nschool was in session as provided in this section. The full time\\nequivalent enrollment of pupils with disabilities attending under the\\nprovisions of paragraph c of subdivision two of section forty-four\\nhundred one of this chapter shall be added to average daily membership.\\nAverage daily membership shall include the equivalent attendance of the\\nschool district, as computed pursuant to paragraph d of this\\nsubdivision. In any instance where a pupil is a resident of another\\nstate or an Indian pupil is a resident of any portion of a reservation\\nlocated wholly or partly within the borders of the state pursuant to\\nsubdivision four of section forty-one hundred one of this chapter or a\\npupil is living on federally owned land or property, such pupil's\\npossible aggregate attendance shall be counted as part of the possible\\naggregate attendance of the school district in which such pupil is\\nenrolled.\\n n. (1) \"Enrollment\" shall mean the unduplicated count of all children\\nregistered to receive educational services in grades kindergarten\\nthrough twelve, including children in ungraded programs, as registered\\non the date prior to November first that is specified by the\\ncommissioner as the enrollment reporting date for the school district or\\nnonpublic school, as reported to the commissioner.\\n (2) \"Public school district enrollment\" shall mean the sum of: (1) the\\nnumber of children on a regular enrollment register of a public school\\ndistrict on such date; (2) the number of children eligible to receive\\nhome instruction in the school district on such date; (3) the number of\\nchildren for whom equivalent attendance must be computed pursuant to\\nthis subdivision on such date; (4) the number of children with\\ndisabilities who are residents of such district who are registered on\\nsuch date to attend programs under the provisions of paragraph c of\\nsubdivision two of section forty-four hundred one of this chapter; (5)\\nthe number of children eligible to receive educational services on such\\ndate but not claimed for aid pursuant to subdivision seven of section\\nthirty-two hundred two of this chapter; and (6) the number of children\\nregistered on such date to attend programs (i) pursuant to subdivision\\ntwo of section three hundred fifty-five of this chapter or (ii) pursuant\\nto an agreement between the city school district of the city of New York\\nand Hunter College pursuant to section sixty-two hundred sixteen of this\\nchapter.\\n (3) \"Nonpublic school enrollment\" shall mean the number of children on\\na regular enrollment register of a nonpublic school meeting the\\ncompulsory attendance law, excluding any child counted as part of the\\nenrollment of a public school district.\\n (4) \"Resident public school district enrollment\" shall be the public\\nschool district enrollment less the public school district enrollment of\\nnonresident pupils attending public schools in the district, plus the\\npublic school district enrollment of pupils resident in the district but\\nattending public schools in another district or state plus the public\\nschool district enrollment of pupils resident in the district but\\nattending full-time a school operated by a board of cooperative\\neducational services or a county vocational education and extension\\nboard. Indian pupils who are residents of any portion of a reservation\\nlocated wholly or partly within the borders of the state pursuant to\\nsubdivision four of section forty-one hundred one of this chapter and\\nare attending public school, or pupils living on the United States\\nmilitary reservation at West Point attending public school, shall be\\ndeemed to be resident pupils of the district providing such school, for\\npurposes of this paragraph. Where a school district has entered into a\\ncontract with the state university pursuant to subdivision two of\\nsection three hundred fifty-five of this chapter under which the school\\ndistrict makes payments in the nature of tuition for the education of\\ncertain children residing in the district, such children for whom such\\ntuition payments are made shall be deemed to be resident pupils of such\\ndistrict for the purposes of this paragraph. No student shall be counted\\nmore than once, except that, in determining the resident public school\\ndistrict enrollment of a component school district of a central high\\nschool district the resident public school district enrollment of high\\nschool pupils residing in such component district and attending the\\ncentral high school shall be included, and in determining the resident\\npublic school district enrollment of a central high school district the\\nresident public school district enrollment of elementary school pupils\\nresiding in such central high school district and attending a component\\ndistrict of the central high school district shall be included.\\n (5) \"Resident nonpublic school district enrollment\" shall be the\\nnonpublic school district enrollment less the nonpublic school district\\nenrollment of nonresident pupils attending nonpublic schools in the\\ndistrict, plus the nonpublic school district enrollment of pupils\\nresident in the district but attending nonpublic schools in another\\ndistrict of the state.\\n (6) \"Additional public school enrollment\" shall mean resident students\\nwith disabilities placed by public school districts in approved private\\nschools, the New York state school for the blind at Batavia, or the New\\nYork state school for the deaf at Rome and resident students placed in\\nschools subject to the provisions of chapter five hundred sixty-three of\\nthe laws of nineteen hundred eighty as amended.\\n (7) In determining enrollment pursuant to subparagraphs two, three,\\nfour, five and six of this paragraph for central high school districts\\nand all school districts located within the boundaries of a central high\\nschool district, for the purposes of any apportionments payable to both\\ncentral high school districts and to other school districts located\\nwithin the boundaries of such central high school districts pursuant to\\nthis chapter, and for the purposes of computing the poverty count\\npursuant to paragraph q of this subdivision and the school district\\nbasic contribution pursuant to subdivision eight of section forty-four\\nhundred one of this chapter, only those children in the grade levels\\nmaintained by a central high school district shall be included in the\\nenrollment used to apportion aid to such central high school district\\nand only those children of the grade levels maintained by a component\\nschool district of a central high school district shall be included in\\nthe public school district enrollment of such component school district.\\n o. \"Limited English proficient count\" shall mean the number of pupils\\nserved in the base year in programs for pupils with limited English\\nproficiency approved by the commissioner pursuant to the provisions of\\nthis chapter and in accordance with regulations adopted for such\\npurpose.\\n p. (i) \"Percent of eligible applicants for the free and reduced price\\nlunch program\" shall mean the quotient of\\n (A) the number of pupils in kindergarten through grade six attending\\nthe public schools of the district who have applications on file or who\\nare listed on a direct certification letter confirming their eligibility\\nfor participation in the state and federally funded free and reduced\\nprice school lunch program on the date enrollment was counted in\\naccordance with this subdivision for the year prior to the base year,\\ndivided by\\n (B) the number of pupils in kindergarten through grade six on a\\nregular enrollment register of a public school district on the date\\nenrollment was counted in accordance with this subdivision for the year\\nprior to the base year, computed to four decimals without rounding, and\\nmultiplied by one hundred to be expressed as a percent to two decimals.\\nFor central high school districts, such percent shall be computed using\\nthe sum of the eligible applicants and enrollment of the component\\ndistricts of the central high school district.\\n (ii) \"Three-year average free and reduced price lunch percent\" shall\\nmean the quotient of (A) the sum of the number of pupils in kindergarten\\nthrough grade six attending the public schools of the district who have\\napplications on file or who are listed on a direct certification letter\\nconfirming their eligibility for participation in the state and\\nfederally funded free and reduced price lunch program on the date\\nenrollment was counted in accordance with this subdivision for the year\\nprior to the base year, plus such number of eligible applicants for the\\nfree and reduced price lunch program computed for the year two years\\nprior to the base year, plus such number of eligible applicants for the\\nfree and reduced price lunch program computed for the year three years\\nprior to the base year, divided by (B) the sum of the number of pupils\\nin kindergarten through grade six on a regular enrollment register of a\\npublic school district on the date enrollment was counted in accordance\\nwith this subdivision for the year prior to the base year, plus such\\nnumber of pupils in kindergarten through grade six on a regular\\nenrollment register of a public school district computed for the year\\ntwo years prior to the base year, plus such number of pupils in\\nkindergarten through grade six on a regular enrollment register of a\\npublic school district computed for the year three years prior to the\\nbase year.\\n q. \"Poverty count\" shall mean the sum of the product of the lunch\\ncount multiplied by sixty-five percent, plus the product of the census\\ncount multiplied by sixty-five percent, where:\\n (i) \"Lunch count\" shall mean the product of the public school\\nenrollment of the school district on the date enrollment was counted in\\naccordance with this subdivision for the base year multiplied by the\\nthree-year average free and reduced price lunch percent; and\\n (ii) \"Census count\" shall mean the product of the public school\\nenrollment of the school district on the date enrollment was counted in\\naccordance with this subdivision for the base year multiplied by the\\nquotient of the number of persons aged five to seventeen within the\\nschool district, based on the most recent decennial census as tabulated\\nby the National Center on Education Statistics, who were enrolled in\\npublic schools and whose families had incomes below the poverty level,\\ndivided by the total number of persons aged five to seventeen within the\\nschool district, based on such decennial census, who were enrolled in\\npublic schools, computed to four decimals without rounding.\\n r. \"Sparsity count\", for districts operating a kindergarten through\\ngrade twelve school program, shall mean the product of (i) the base year\\npublic school enrollment of the district and (ii) the quotient, computed\\nto three decimals without rounding, of the positive remainder of\\ntwenty-five minus the enrollment per square mile divided by fifty and\\nnine tenths, but not less than zero. Enrollment per square mile shall be\\nthe quotient, computed to two decimals without rounding, of the public\\nschool enrollment of the school district on the date enrollment was\\ncounted in accordance with this subdivision for the base year divided by\\nthe square miles of the district, as determined by the commissioner.\\n s. \"Extraordinary needs count\" shall mean the sum of the product of\\nthe limited English proficiency count multiplied by fifty percent, plus,\\nthe poverty count and the sparsity count.\\n t. The \"approved operating expense\" for the apportionments to any\\nschool district hereunder shall mean the amount computed as follows: The\\napportionment to any school district for operating expense shall be\\nbased upon the total expenditures from its general fund and from its\\ncapital fund and from its risk retention fund for purposes of employee\\nbenefit claims related to salaries paid from the general fund, and for\\nany city school districts with a population of more than one hundred\\ntwenty-five thousand inhabitants its expenditures from the special aid\\nfund of grant moneys for improving pupil performance and categorical aid\\nfor special reading programs as provided in the aid to localities budget\\nduring the applicable year as approved by the commissioner, and in\\naccordance with the classification of expenditures in use by the\\ncommissioner for the reporting by school districts of receipts,\\nexpenditures and other financial data. For the purpose of this paragraph\\noperating expense shall be defined as total cash expenditures during the\\napplicable year, but shall exclude: (1) any balances and transfers; (2)\\nany payments for transportation of pupils to and from school during the\\nregular school year inclusive of capital outlays and debt service\\ntherefor; (2-a) a portion of any payments for transportation of pupils\\nto and from district operated summer school programs pursuant to\\nsubdivision six of section thirty-six hundred twenty-two-a of this\\narticle, inclusive of capital outlays and debt service therefor, equal\\nto the product of such expenditures multiplied by the quotient of the\\ntotal apportionment after the proration, if any, required by such\\nsubdivision six of such section divided by the total apportionment prior\\nto such proration; (3) any payments for capital outlay and debt service\\nfor school building purposes, provided, however, that in the case of a\\nschool district which has entered into a contract with state university\\npursuant to paragraph o of subdivision two of section three hundred\\nfifty-five of this chapter, under which the school district makes\\npayments to state university on account of capital outlay relating to\\ncertain children residing in such school district, such payments shall\\nnot be so excluded; (4) any payments for cafeteria or school lunch\\nprograms; (5) any proceeds of short term borrowings in the general fund\\nand any payments from the proceeds of the sale of obligations in the\\ncapital fund; (6) any cash receipts which reduce the cost of an item\\nwhen applied against the expenditure therefor, except gifts, donations\\nand earned interest and any refunds made; (7) any payments made to\\nboards of cooperative educational services for purposes or programs for\\nwhich an apportionment is paid pursuant to other sections of this\\nchapter, except that payments attributable to eligible pupils with\\ndisabilities and ineligible pupils residing in noncomponent districts\\nshall be included in operating expense; (8) any tuition payments made to\\nother school districts inclusive of payments made to a central high\\nschool district by one of its component school districts; (9) any\\napportionment or payment received from the state for experimental or\\nspecial programs paid under provisions other than those found in this\\nsection and other than any apportionments or payments received from the\\nstate by the city school district of the city of Yonkers for the purpose\\nof funding an educational improvement program pursuant to a court order\\nand other than any other state grants in aid identified by the\\ncommissioner for general use as specified by the board of education\\npursuant to subdivision two of section seventeen hundred eighteen of\\nthis chapter; (10) any funds received from the federal government except\\nthe federal share of medicaid subject to the provisions of section\\nthirty-six hundred nine-a of this part and except Impact Aid funds\\nreceived pursuant to sections two and six of Public Law eighty-one-eight\\nhundred seventy-four (PL 81-874) or any law superseding such law in any\\nsuch district which received aid pursuant to both such sections;\\nprovided further, however, that there shall be excluded from such\\nfederal funds or other apportionments any payments from such funds\\nalready deducted pursuant to this paragraph; (11) any payments made for\\nwhich an apportionment is disallowed pursuant to regulations of the\\ncommissioner; (12) any expenditures made for accounting, tabulation, or\\ncomputer equipment, in excess of ten thousand dollars unless such\\nexpenditures shall have been specifically approved by the commissioner;\\n(13) any rentals received pursuant to the provisions of section four\\nhundred three-a of this chapter; (14) any rentals or other annual\\npayments received pursuant to the provisions of section four hundred\\nthree-b of this chapter; (15) any expenditures made for persons\\ntwenty-one years of age or over attending employment preparation\\neducation programs pursuant to subdivision eleven of this section; (16)\\nany tuition payments made pursuant to a contract under the provisions of\\nparagraphs e, f, g, h, i and l of subdivision two of section forty-four\\nhundred one of this chapter or any tuition payments on behalf of pupils\\nattending a state school under paragraph d of such subdivision; (17) in\\nany year in which expenditures are made to the New York state teachers'\\nretirement system or the New York state and local employees' retirement\\nsystem for both the prior school year and the current school year, any\\nexpenditures made to such retirement systems and recorded in the school\\nyear prior to the school year in which such obligations are paid; and\\n(18) any payments to the commissioner of taxation and finance pursuant\\nto article twenty-three of the tax law.\\n u. \"Instructional expense\" shall mean the sum of all year prior to the\\nbase year expenditures related to the instructional program of the\\ndistrict, as defined in regulations of the commissioner, including the\\ncost of fringe benefits paid by such district for the instructional\\nstaff of the district.\\n w. \"Extraordinary needs percent\" shall mean the quotient of the\\nextraordinary needs count for the base year, calculated pursuant to\\nparagraph s of this subdivision, divided by the public school district\\nenrollment for the base year, calculated pursuant to subparagraph two of\\nparagraph n of this subdivision.\\n x. \"Enrollment index\" shall be computed by dividing the public school\\nenrollment for the current year by public school enrollment for the base\\nyear, both as defined in paragraph n of this subdivision, with the\\nresult carried to three places without rounding.\\n y. \"School tax relief aid\" shall mean state aid payable to a school\\ndistrict representing tax savings duly provided by the school district\\npursuant to section thirteen hundred six-a of the real property tax law\\nthat is claimed by the school district and certified by the commissioner\\nof taxation and finance pursuant to subdivision three of section\\nthirteen hundred six-a of the real property tax law.\\n aa. \"Total personal income of the state\" shall mean the total personal\\nincome of the state of New York as published by the United States\\ndepartment of commerce or any successor agency from which information is\\navailable, aggregated on a state fiscal year basis. For the two thousand\\ntwelve--two thousand thirteen school year, such personal income shall be\\nbased on the data available most proximate and prior to February first,\\ntwo thousand eleven, and for the two thousand thirteen--two thousand\\nfourteen school year and each school year thereafter, such personal\\nincome shall be based on the data available most proximate and prior to\\nOctober thirty-first of the base year. Subsequent revisions of the\\npublished estimated dollar amount for any state fiscal year estimate\\nemployed pursuant to the terms of this section shall not affect the\\nvalidity of the determinations made for any state fiscal year.\\n bb. \"Personal income growth index\" shall mean (1) for the two thousand\\ntwelve--two thousand thirteen school year, the average of the quotients\\nfor each year in the period commencing with the two thousand five--two\\nthousand six state fiscal year and finishing with the two thousand\\nnine--two thousand ten state fiscal year of the total personal income of\\nthe state for each such year divided by the total personal income of the\\nstate for the immediately preceding state fiscal year, but not less than\\none and (2) for the two thousand thirteen--two thousand fourteen school\\nyear and each school year thereafter, the quotient of the total personal\\nincome of the state for the state fiscal year one year prior to the\\nstate fiscal year in which the base year commenced divided by the total\\npersonal income of the state for the immediately preceding state fiscal\\nyear, but not less than one.\\n cc. \"Gap elimination adjustment percentage\" shall mean the quotient of\\nthe gap elimination adjustment amount set forth for each school district\\nas \"GAP ELIMINATION ADJUSTMENT\" under the heading \"2011-12 ESTIMATED\\nAIDS\" in the school aid computer listing produced by the commissioner in\\nsupport of the enacted budget for the two thousand eleven--two thousand\\ntwelve school year and entitled \"SA111-2\", divided by the statewide\\ntotal of all such gap elimination adjustment amounts set forth for all\\ndistricts in such school aid computer listing.\\n dd. \"Allowable growth amount\" shall mean the product of the positive\\ndifference of the personal income growth index minus one, multiplied by\\nthe statewide total of the sum of (1) the apportionments, including the\\ngap elimination adjustment, due and owing during the base year,\\ncommencing with the base year computed for the two thousand twelve--two\\nthousand thirteen school year, to school districts and boards of\\ncooperative educational services from the general support for public\\nschools as computed based on an electronic data file used to produce the\\nschool aid computer listing produced by the commissioner in support of\\nthe enacted budget for the base year plus (2) the competitive awards\\namount for the base year.\\n ee. \"Competitive awards amount\" shall mean, for the two thousand\\ntwelve--two thousand thirteen state fiscal year and thereafter, fifty\\nmillion dollars.\\n ff. \"Preliminary growth amount\" shall mean the difference between the\\nstatewide total, excluding the apportionments computed pursuant to\\nsubdivisions four and seventeen of section thirty-six hundred two of the\\neducation law, of the apportionments due and owing during the current\\nschool year, commencing with the two thousand twelve--two thousand\\nthirteen school year, to school districts and boards of cooperative\\neducational services from the general support for public schools as\\ncomputed based on an electronic data file used to produce the school aid\\ncomputer listing produced by the commissioner in support of the enacted\\nbudget for the current year, less the statewide total of such\\napportionments, excluding the apportionments computed pursuant to\\nsubdivisions four and seventeen of section thirty-six hundred two of the\\neducation law, due and owing during the base school year to school\\ndistricts and boards of cooperative educational services from the\\ngeneral support for public schools as computed based on an electronic\\ndata file used to produce the school aid computer listing produced by\\nthe commissioner in support of the enacted budget for the current year.\\n gg. \"Allocable growth amount\" shall mean the positive difference, if\\nany, of the allowable growth amount less the sum of the competitive\\nawards amount plus the preliminary growth amount.\\n 2. Computation of pupil counts and related factors. a. Computation of\\nresident weighted average daily attendance. For purposes of this section\\nweighted average daily attendance of a school district for any school\\nyear shall be computed as follows:\\n (1) Weighted average daily attendance shall be determined by using the\\naverage daily attendance of public school pupils in a full-day\\nkindergarten and grades one through six as the basic unit, with the\\nattendance of such pupils in one-half day kindergartens measured at\\none-half of such basic unit and the attendance of such pupils in grades\\nseven through twelve measured at one and one-quarter of such basic unit.\\nThe sum of all such units of attendance shall be the weighted average\\ndaily attendance.\\n (2) In computing such attendance, the school district shall (i)\\ndetermine the number of religious holidays which fall on a school day\\nwithin a school year according to regulations established by the\\ncommissioner, such religious holidays to be duly recognized as such for\\npurposes of this section by duly adopted resolution of the board of\\neducation; (ii) deduct the aggregate attendance on such religious\\nholidays from the total aggregate attendance, by grade level; (iii)\\ndeduct such religious holidays from the total number of days of session,\\nby grade level; (iv) compute the weighted average daily attendance for\\nthe school year.\\n (3) In any instance where a pupil is a resident of another state or an\\nIndian pupil is a resident of any portion of a reservation located\\nwholly or partly within the borders of the state pursuant to subdivision\\nfour of section forty-one hundred one of this chapter or a pupil is\\nliving on federally owned land or property, such pupil's attendance\\nshall be counted as part of the weighted average daily attendance of the\\nschool district in which such pupil is enrolled.\\n (4) Resident weighted average daily attendance for purposes of\\ndetermining the aid ratio of a school district for any school year shall\\nbe the weighted average daily attendance for the school year immediately\\npreceding the base year, less the weighted average daily attendance of\\nnonresident pupils attending public schools in the district for such\\nschool year, plus the weighted average daily attendance of pupils\\nresident in the district but attending public schools in another\\ndistrict or state plus the weighted average daily attendance of pupils\\nresident in the district but attending full-time a school operated by a\\nboard of cooperative educational services or a county vocational\\neducation and extension board for such school year. The attendance of\\nnonresident pupils attending public school in the district and resident\\npupils attending such schools outside of the district shall be\\ndetermined by applying to the number of such pupils registered during\\nthe school year in each case the ratio of aggregate days attendance to\\nthe possible aggregate days attendance of all pupils in attendance in\\nthe district. Indian pupils of a reservation attending public school, or\\npupils living on the United States military reservation at West Point\\nattending public school, shall be deemed to be resident pupils of the\\ndistrict providing such school, for purposes of this paragraph. Where a\\nschool district has entered into a contract with the state university\\npursuant to subdivision two of section three hundred fifty-five of this\\nchapter under which the school district makes payments in the nature of\\ntuition for the education of certain children residing in the district,\\nsuch children for whom such tuition payments are made shall be deemed to\\nbe resident pupils of such district for the purposes of this paragraph.\\n (5) In determining the resident weighted average daily attendance of a\\ncomponent school district of a central high school district for\\ncomputing the aid ratio the weighted average daily attendance of high\\nschool pupils residing in such component district and attending the\\ncentral high school shall be included. The resident weighted average\\ndaily attendance of a central high school district itself shall be the\\nsum of the resident weighted average daily attendance of each component\\nschool district computed as provided in the first sentence of this\\nparagraph.\\n (6) Notwithstanding the provisions of subparagraphs four and five of\\nthis paragraph, when a school district shall experience an increase in\\nresident weighted average daily attendance during the current year\\nbecause of the closing in whole, or in part, of a non-public school or a\\ncampus school, or a school previously operated by the United States\\ngovernment on the United States military reservation at West Point, the\\ncommissioner, in computing any aid ratio of such district, shall permit\\nthe use of such additional resident weighted average daily attendance\\nfor aid ratio purposes during the current year and the next succeeding\\nyear, provided that such additional resident weighted average daily\\nattendance attributable to such closing, or part thereof, shall be in\\nexcess of one hundred students; provided, however, that such district\\nwhich qualifies for an increase in total wealth pupil units pursuant to\\nparagraph f of this subdivision, shall use the increase in resident\\nweighted average daily attendance, even if such increase in resident\\nweighted average daily attendance is less than one hundred.\\n b. Computation of adjusted average daily attendance. For purposes of\\nthis section adjusted average daily attendance of a school district for\\nany school year shall be computed as follows:\\n (1) Adjusted average daily attendance shall be determined by using the\\naverage daily attendance of public school pupils in a full-day\\nkindergarten and grades one through twelve as the basic unit, with the\\nattendance of such pupils in one-half day kindergartens measured at\\none-half of such basic unit. The sum of all such units of attendance\\nshall be the adjusted average daily attendance.\\n (2) In computing such attendance, the school district shall (i)\\ndetermine the number of religious holidays which fall on a school day\\nwithin a school year according to regulations established by the\\ncommissioner, such religious holidays to be duly recognized as such for\\npurposes of this section by duly adopted resolution of the board of\\neducation; (ii) deduct the aggregate attendance on such religious\\nholidays from the total aggregate attendance, by grade level; (iii)\\ndeduct such religious holidays from the total number of days of session,\\nby grade level; (iv) compute the adjusted average daily attendance for\\nthe school year.\\n (3) In any instance where a pupil is a resident of another state or an\\nIndian pupil is a resident of any portion of a reservation located\\nwholly or partly within the borders of the state pursuant to subdivision\\nfour of section forty-one hundred one of this chapter or a pupil is\\nliving on federally owned land or property, such pupil's attendance\\nshall be counted as part of the adjusted average daily attendance of the\\nschool district in which such pupil is enrolled.\\n c. Computation of additional aidable pupil units. The additional\\naidable pupil units used to compute total aidable pupil units pursuant\\nto paragraph e of this subdivision shall be the sum of the attendance of\\nsummer session pupils multiplied by twelve per centum and the weighted\\npupils with special educational needs. The additional aidable pupil\\nunits used to compute total wealth pupil units pursuant to paragraph f\\nof this subdivision shall be the sum of the year prior to the base year\\nresident weighted pupils with special educational needs and resident\\nweighted pupils with handicapping conditions. Nothing contained in this\\nparagraph shall be construed to result in the inclusion of the\\nattendance of summer session pupils in the computation of weighted or\\nadjusted average daily attendance pursuant to this subdivision.\\n d. Secondary school weighting. There shall be added to the total\\naidable pupil units computed in paragraph e of this subdivision and the\\ntotal wealth pupil units computed in paragraph f of this subdivision, a\\nnumber equal to the product of: (1) twenty-five per centum, (2) the\\nadjusted average daily attendance in grades seven through twelve for the\\nyear prior to the base year, excluding attendance of pupils who receive\\na weighting for disabilities, and (3) for total aidable pupil units, the\\nenrollment index computed pursuant to this section for the base year,\\nprovided, however, that only resident secondary pupils shall be used for\\nthe computation of total wealth pupil units.\\n e. Computation of total aidable pupil units. (1) A district's total\\naidable pupil units shall be the sum of the district's adjusted average\\ndaily attendance computed pursuant to this section for the year prior to\\nthe base year multiplied by the enrollment index computed pursuant to\\nthis section for the base year plus the additional aidable pupil units\\ncomputed for the year prior to the base year under paragraph c of this\\nsubdivision.\\n (2) In such computation school districts may, with the commissioner's\\napproval, exclude attendance for those days on which school attendance\\nwas adversely affected because of an epidemic or because of a religious\\nholiday as provided in subparagraph two of paragraph b of this\\nsubdivision. For the purposes of computing selected total aidable pupil\\nunits, a district may use either total aidable pupil units for the\\ncurrent aid year or the average of total aidable pupil units for the\\ncurrent aid year and the prior aid year, using current aid year\\ndefinitions of total aidable pupil units for both years, except that for\\naids payable during the nineteen hundred ninety-seven--nineteen hundred\\nninety-eight school year the total aidable pupil units for the prior aid\\nyear used in such average shall be calculated using the definition of\\ntotal aidable pupil units in effect for aid payable in the base year.\\n f. Computation of total wealth pupil units. (1) Total wealth pupil\\nunits will be computed using the adjusted average daily attendance for\\nthe year prior to the base year as computed in this section, plus the\\nattendance of resident pupils attending public school elsewhere, less\\nthe attendance of nonresident pupils plus the attendance of resident\\npupils attending full-time in board of cooperative educational services\\n(not otherwise specifically included), plus the additional aidable pupil\\nunits as computed pursuant to paragraphs c and d of this subdivision,\\nexcluding summer school pupils, plus the year prior to the base year\\nresident weighted pupils with disabilities. The attendance of\\nnonresident pupils attending public school in the district and resident\\npupils attending such schools outside of the district shall be\\ndetermined by applying to the number of such pupils registered during\\nthe school year in each case the ratio of aggregate days attendance to\\nthe possible aggregate days attendance of all pupils in attendance in\\nthe district. Native American pupils of a reservation attending public\\nschool, or pupils living on the United States military reservation at\\nWest Point attending public school, shall be deemed to be resident\\npupils of the district providing such school, for purposes of this\\nparagraph. Where a school district has entered into a contract with\\nstate university pursuant to subdivision two of section three hundred\\nfifty-five of this chapter under which the school district makes payment\\nin the nature of tuition for the education of certain children residing\\nin the district, such children for whom such tuition payments are made\\nshall be deemed to be resident pupils of such district for the purposes\\nof this paragraph.\\n (2) In determining the total wealth pupil units of a component school\\ndistrict of a central high school district for computing aid ratios the\\ntotal wealth pupil units of high school pupils residing in such\\ncomponent district and attending the central high school shall be\\nincluded. The total wealth pupil units of a central high school district\\nitself shall be the sum of the total wealth pupil units of each\\ncomponent school district.\\n (3) Notwithstanding the foregoing provisions of this paragraph, when a\\nschool district shall experience an increase in total wealth pupil units\\nduring the current year because of the closing in whole, or in part, of\\na nonpublic school or a campus school, or a school previously operated\\nby the United States government on the United States military\\nreservation at West Point, the commissioner, in computing any aid ratio\\nof such district, shall permit the use of such additional total wealth\\npupil units during the current year and the next succeeding year,\\nprovided that such additional total wealth pupil units attributable to\\nsuch closing, or part thereof, shall be in excess of one hundred\\nstudents; provided, however, that such district which qualifies for an\\nincrease in resident weighted average daily attendance pursuant to\\nsubparagraph six of paragraph a of this subdivision, shall use the\\nincrease in total wealth pupil units, even if such increase in total\\nwealth pupil units is less than one hundred.\\n g. Computation of total aidable foundation pupil units. Total aidable\\nfoundation pupil units shall be the sum of (1) the district's average\\ndaily membership computed pursuant to this section for the year prior to\\nthe base year multiplied by the enrollment index computed pursuant to\\nthis section for the base year plus (2) the product of the average daily\\nmembership of summer session pupils and twelve percent plus (3) the year\\nprior to the base year weighted foundation pupils with disabilities. For\\nthe purposes of computing total foundation aid a district may use either\\ntotal aidable foundation pupil units for the current aid year or the\\naverage of total foundation aidable pupil units for the current aid year\\nand the prior aid year, using current aid year definitions of total\\naidable foundation pupil units for both years.\\n h. Computation of total wealth foundation pupil units. (1) Total\\nwealth foundation pupil units shall mean the sum of (i) average daily\\nmembership for the year prior to the base year as computed in this\\nsection, plus (ii) the full-time equivalent enrollment of resident\\npupils attending public school elsewhere, less the full-time equivalent\\nenrollment of nonresident pupils, plus (iii) the full-time equivalent\\nenrollment of resident pupils attending full-time in board of\\ncooperative educational services (not otherwise specifically included).\\nNative American pupils of a reservation attending public school, or\\npupils living on the United States military reservation at West Point\\nattending public school, shall be deemed to be resident pupils of the\\ndistrict providing such school, for purposes of this paragraph. Where a\\nschool district has entered into a contract with state university\\npursuant to subdivision two of section three hundred fifty-five of this\\nchapter under which the school district makes payment in the nature of\\ntuition for the education of certain children residing in the district,\\nsuch children for whom such tuition payments are made shall be deemed to\\nbe resident pupils of such district for the purposes of this paragraph.\\n (2) In determining the total wealth foundation pupil units of a\\ncomponent school district of a central high school district for\\ncomputing aid ratios the total wealth foundation pupil units of high\\nschool pupils residing in such component district and attending the\\ncentral high school shall be included. The total wealth foundation pupil\\nunits of a central high school district itself shall be the sum of the\\ntotal wealth foundation pupil units of each component school district.\\n (3) Notwithstanding the foregoing provisions of this paragraph, when a\\nschool district shall experience an increase in total wealth foundation\\npupil units during the current year because of the closing in whole, or\\nin part, of a nonpublic school or a campus school, or a school\\npreviously operated by the United States government on the United States\\nmilitary reservation at West Point, the commissioner, in computing any\\naid ratio of such district, shall permit the use of such additional\\ntotal wealth foundation pupil units during the current year and the next\\nsucceeding year, provided that such additional total wealth foundation\\npupil units attributable to such closing, or part thereof, shall be in\\nexcess of one hundred students.\\n i. Parent-teacher conferences or workshops. Notwithstanding any other\\nprovision of this section to the contrary, when a school district\\noperates for a half day session because of a parent-teacher conference\\nor workshops for teachers, it shall be apportioned with the same amount\\nof state aid for pupils attending kindergarten as if both morning and\\nafternoon kindergarten groups were in attendance although only one\\nkindergarten class attends school. The school district shall provide\\nthat morning and afternoon kindergarten groups shall alternate in\\nattendance if more than one half day session is scheduled during the\\nschool year.\\n 3. Computation of aid ratios.\\n a. (1) \"Pupil wealth ratio\" shall mean the number computed to three\\ndecimals without rounding obtained when actual valuation of a school\\ndistrict divided by the total wealth pupil units is divided by the\\nstatewide average actual valuation per total wealth pupil unit as\\ncomputed by the commissioner in accordance with the provisions of this\\nsection. Such statewide average actual valuation per total wealth pupil\\nunit shall be established each year by the commissioner using the latest\\nsingle year actual valuation computed under paragraph c of subdivision\\none of this section. Such statewide average shall be transmitted to the\\nschool districts. Such statewide average shall be rounded to the nearest\\nhundredth and shall include the actual valuation and total wealth pupil\\nunits of all school districts eligible for aid pursuant to this section\\nexcept central high school districts. For the purposes of calculating\\nsuch statewide average the data for the city school district of the city\\nof New York shall be citywide data.\\n (2) \"Pupil wealth ratio for total foundation aid\" shall mean the\\nnumber computed to three decimals without rounding obtained when the\\nselected actual valuation of a school district divided by the total\\nwealth pupil units is divided by the statewide average selected actual\\nvaluation per total wealth pupil unit as computed by the commissioner in\\naccordance with the provisions of this section. Such statewide average\\nselected actual valuation per total wealth pupil unit shall be\\nestablished each year by the commissioner using the selected actual\\nvaluation computed under paragraph c of subdivision one of this section.\\nSuch statewide average shall be transmitted to the school districts.\\nSuch statewide average shall be rounded to the nearest hundredth and\\nshall include the selected actual valuation and total wealth pupil units\\nof all school districts eligible for aid pursuant to this section except\\ncentral high school districts. For the purposes of calculating such\\nstatewide average the data for the city school district of the city of\\nNew York shall be citywide data.\\n b. (1) \"Alternate pupil wealth ratio\" shall mean the number computed\\nto three decimals without rounding obtained when the adjusted gross\\nincome of a school district for the calendar year two years prior to the\\ncalendar year in which the base year began divided by the total wealth\\npupil units of such district is divided by the statewide adjusted gross\\nincome per total wealth pupil unit. Such statewide average gross income\\nper pupil shall be established each year by the commissioner and shall\\nbe transmitted to school districts. Such statewide average shall be\\nrounded to the nearest hundredth and shall include the adjusted gross\\nincome and total wealth pupil units of all school districts eligible for\\naid pursuant to this section except central high school districts. For\\nthe purposes of calculating such statewide average the data for the city\\nschool district of the city of New York shall be citywide data.\\n (2) \"Alternate pupil wealth ratio for total foundation aid\" shall mean\\nthe number computed to three decimals without rounding obtained when the\\nselected adjusted gross income of a school district for the calendar\\nyear two years prior to the calendar year in which the base year began\\ndivided by the total wealth pupil units of such district is divided by\\nthe statewide selected adjusted gross income per total wealth pupil\\nunit. Such statewide average selected adjusted gross income per pupil\\nshall be established each year by the commissioner and shall be\\ntransmitted to school districts. Such statewide average shall be rounded\\nto the nearest hundredth and shall include the selected adjusted gross\\nincome and total wealth pupil units of all school districts eligible for\\naid pursuant to this section except central high school districts. For\\nthe purposes of calculating such statewide average the data for the city\\nschool district of the city of New York shall be citywide data.\\n c. (1) \"Combined wealth ratio\" shall mean the number computed to three\\ndecimals without rounding obtained when fifty per centum of the pupil\\nwealth ratio is added to fifty per centum of the alternate pupil wealth\\nratio.\\n (2) \"Combined wealth ratio for total foundation aid\" shall mean the\\nnumber computed to three decimals without rounding obtained when fifty\\nper centum of the pupil wealth ratio for total foundation aid is added\\nto fifty per centum of the alternate pupil wealth ratio for total\\nfoundation aid.\\n d. \"Income wealth index\" shall mean the number computed to three\\ndecimals without rounding obtained when the adjusted gross income of a\\nschool district for the calendar year two years prior to the calendar\\nyear in which the base year began divided by the total wealth foundation\\npupil units of such district is divided by the statewide adjusted gross\\nincome per total wealth foundation pupil units. Such statewide average\\ngross income per pupil shall be established each year by the\\ncommissioner and shall be transmitted to school districts. For the\\npurposes of this paragraph, the income data shall be computed in\\naccordance with paragraph h of subdivision one of this section. Such\\nstatewide average shall be rounded to the nearest hundredth and shall\\ninclude the adjusted gross income and total wealth foundation pupil\\nunits of all school districts eligible for aid pursuant to this section\\nexcept central high school districts. For the purposes of calculating\\nsuch statewide average the data for the city school district of the city\\nof New York shall be citywide data. The adjusted gross income of a\\ncentral high school district shall equal the sum of the adjusted gross\\nincome of each of its component school districts.\\n e. Building aid ratios. The aid ratio to be used in determining\\nbuilding aid apportionments to any school district pursuant to this\\nsection shall be computed in the following manner:\\n (1) The actual valuation of such district shall be divided by its\\nresident weighted average daily attendance as computed pursuant to this\\nsection to determine its actual valuation per resident pupil.\\n (2) The commissioner shall determine the state average actual\\nvaluation per pupil in resident weighted average daily attendance for\\nthe preceding school year using the latest single year actual valuation\\ncomputed under paragraph c of subdivision one of this section. The\\ncommissioner shall transmit such state average to the school districts.\\nSuch statewide average shall be rounded to the nearest hundredth and\\nshall include the actual valuation and resident weighted average daily\\nattendance of all school districts eligible for aid pursuant to this\\nsection except central high school districts. For the purposes of\\ncalculating such statewide average the data for the city school district\\nof the city of New York shall be citywide data.\\n (3) The resident weighted average daily attendance wealth ratio shall\\nmean the actual valuation per resident pupil of the school district\\ndivided by such state average actual valuation per pupil, carried to\\nthree decimal places without rounding.\\n (4) The building aid ratio shall be computed by subtracting from one\\nthe product obtained by multiplying the resident weighted average daily\\nattendance wealth ratio by fifty-one percent. Such aid ratio shall be\\nexpressed as a decimal carried to three places without rounding, but\\nshall not be less than zero.\\n (5) The additional building aid ratio for low income wealth school\\ndistricts shall be the product obtained by multiplying the state sharing\\nratio by one and two hundred sixty-three thousandths (1.263).\\n f. The board of cooperative educational services aid ratio shall equal\\nthe greater of: (1) an amount equal to one minus the quotient expressed\\nas a decimal to three places without rounding of eight mills divided by\\nthe tax rate of the local district computed upon the actual valuation of\\ntaxable property, as determined pursuant to subdivision one of this\\nsection, expressed in mills to the nearest tenth as determined by the\\ncommissioner, provided, however, that where services are provided to a\\nschool district which is included within a central high school district\\nor to a central high school district, such amount shall equal one minus\\nthe quotient expressed as a decimal to three places without rounding of\\nthree mills divided by the tax rates, expressed in mills to the nearest\\ntenth, of such districts, as determined by the commissioner or (2) an\\namount computed by subtracting from one the product obtained by\\nmultiplying the resident weighted average daily attendance wealth ratio\\nby fifty-one percent. Such aid ratio shall be expressed as a decimal\\ncarried to three places without rounding but shall not be less than\\nthirty-six percent and shall not be greater than ninety percent.\\n g. Computation of the state sharing ratio. The state sharing ratio\\nshall be the higher of:\\n (1) a value computed by subtracting from one and thirty-seven\\nhundredths the product obtained by multiplying the combined wealth ratio\\nby one and twenty-three hundredths; or\\n (2) a value computed by subtracting from one the product obtained by\\nmultiplying the combined wealth ratio by sixty-four hundredths; or\\n (3) a value computed by subtracting from eighty hundredths the product\\nobtained by multiplying the combined wealth ratio by thirty-nine\\nhundredths; or\\n (4) a value computed by subtracting from fifty-one hundredths the\\nproduct obtained by multiplying the combined wealth ratio by twenty-two\\nhundredths, provided, however, that for the purpose of computing the\\nstate sharing ratio for total foundation aid, the tier four value shall\\nbe computed by subtracting from fifty-one hundredths the product\\nobtained by multiplying the combined wealth ratio by one hundred\\nseventy-three thousandths and such values shall be computed using the\\ncombined wealth ratio for total foundation aid in place of the combined\\nwealth ratio, and, for high need school districts, as determined\\npursuant to clause (c) of subparagraph two of paragraph c of subdivision\\nsix of this section for the school aid computer listing produced by the\\ncommissioner in support of the enacted budget for the two thousand\\nseven--two thousand eight school year and entitled \"SA0708\", such values\\nshall be multiplied by one hundred five percent.\\n Such result shall be expressed as a decimal carried to three places\\nwithout rounding, but shall not be greater than ninety hundredths nor\\nless than zero.\\n 4. Total foundation aid. In addition to any other apportionment\\npursuant to this chapter, a school district, other than a special act\\nschool district as defined in subdivision eight of section four thousand\\none of this chapter, shall be eligible for total foundation aid equal to\\nthe product of total aidable foundation pupil units multiplied by the\\ndistrict's selected foundation aid, which shall be the greater of five\\nhundred dollars ($500) or foundation formula aid, provided, however that\\nfor the two thousand seven--two thousand eight through two thousand\\neight--two thousand nine school years, no school district shall receive\\ntotal foundation aid in excess of the sum of the total foundation aid\\nbase for aid payable in the two thousand seven--two thousand eight\\nschool year computed pursuant to subparagraph (i) of paragraph j of\\nsubdivision one of this section, plus the phase-in foundation increase\\ncomputed pursuant to paragraph b of this subdivision, and provided\\nfurther that for the two thousand twelve--two thousand thirteen school\\nyear, no school district shall receive total foundation aid in excess of\\nthe sum of the total foundation aid base for aid payable in the two\\nthousand eleven--two thousand twelve school year computed pursuant to\\nparagraph j of subdivision one of this section, plus the phase-in\\nfoundation increase computed pursuant to paragraph b of this\\nsubdivision, and provided further that for the two thousand\\nthirteen--two thousand fourteen school year and thereafter, no school\\ndistrict shall receive total foundation aid in excess of the sum of the\\ntotal foundation aid base computed pursuant to paragraph j of\\nsubdivision one of this section, plus the phase-in foundation increase\\ncomputed pursuant to paragraph b of this subdivision and provided\\nfurther that total foundation aid shall not be less than the product of\\nthe total foundation aid base computed pursuant to paragraph j of\\nsubdivision one of this section and the due-minimum percent which shall\\nbe, for the two thousand twelve--two thousand thirteen school year, one\\nhundred and six-tenths percent (1.006) and for the two thousand\\nthirteen--two thousand fourteen school year for city school districts of\\nthose cities having populations in excess of one hundred twenty-five\\nthousand and less than one million inhabitants one hundred and one and\\none hundred and seventy-six thousandths percent (1.01176), and for all\\nother districts one hundred and three-tenths percent (1.003), and for\\nthe two thousand fourteen--two thousand fifteen school year one hundred\\nand eighty-five hundredths percent (1.0085), subject to allocation\\npursuant to the provisions of subdivision eighteen of this section and\\nany provisions of a chapter of the laws of New York as described\\ntherein, nor more than the product of such total foundation aid base and\\none hundred fifteen percent, and provided further that for the two\\nthousand nine--two thousand ten through two thousand eleven--two\\nthousand twelve school years, each school district shall receive total\\nfoundation aid in an amount equal to the amount apportioned to such\\nschool district for the two thousand eight--two thousand nine school\\nyear pursuant to this subdivision. Total aidable foundation pupil units\\nshall be calculated pursuant to paragraph g of subdivision two of this\\nsection. For the purposes of calculating aid pursuant to this\\nsubdivision, aid for the city school district of the city of New York\\nshall be calculated on a citywide basis.\\n a. Foundation formula aid. Foundation formula aid shall equal the\\nremainder when the expected minimum local contribution is subtracted\\nfrom the product of the foundation amount, the regional cost index, and\\nthe pupil need index, or: (foundation amount x regional cost index x\\npupil need index)- expected minimum local contribution.\\n (1) The foundation amount shall reflect the average per pupil cost of\\ngeneral education instruction in successful school districts, as\\ndetermined by a statistical analysis of the costs of special education\\nand general education in successful school districts, provided that the\\nfoundation amount shall be adjusted annually to reflect the percentage\\nincrease in the consumer price index as computed pursuant to section two\\nthousand twenty-two of this chapter, provided that for the two thousand\\neight--two thousand nine school year, for the purpose of such\\nadjustment, the percentage increase in the consumer price index shall be\\ndeemed to be two and nine-tenths percent (0.029), and provided further\\nthat the foundation amount for the two thousand seven--two thousand\\neight school year shall be five thousand two hundred fifty-eight\\ndollars, and provided further that for the two thousand seven--two\\nthousand eight through two thousand fifteen--two thousand sixteen school\\nyears, the foundation amount shall be further adjusted by the phase-in\\nfoundation percent established pursuant to paragraph b of this\\nsubdivision.\\n (2) The regional cost index shall reflect an analysis of labor market\\ncosts based on median salaries in professional occupations that require\\nsimilar credentials to those of positions in the education field, but\\nnot including those occupations in the education field, provided that\\nthe regional cost indices for the two thousand seven--two thousand eight\\nschool year and thereafter shall be as follows:\\n Labor Force Region Index\\n Capital District 1.124\\n Southern Tier 1.045\\n Western New York 1.091\\n Hudson Valley 1.314\\n Long Island/NYC 1.425\\n Finger Lakes 1.141\\n Central New York 1.103\\n Mohawk Valley 1.000\\n North Country 1.000\\n (3) The pupil need index shall equal the sum of one plus the\\nextraordinary needs percent, provided, however, that the pupil need\\nindex shall not be less than one nor more than two. The extraordinary\\nneeds percent shall be calculated pursuant to paragraph w of subdivision\\none of this section.\\n (4) The expected minimum local contribution shall equal the lesser of\\n(i) the product of (A) the quotient arrived at when the selected actual\\nvaluation is divided by total wealth foundation pupil units, multiplied\\nby (B) the product of the local tax factor, multiplied by the income\\nwealth index, or (ii) the product of (A) the product of the foundation\\namount, the regional cost index, and the pupil need index, multiplied by\\n(B) the positive difference, if any, of one minus the state sharing\\nratio for total foundation aid. The local tax factor shall be\\nestablished by May first of each year by determining the product,\\ncomputed to four decimal places without rounding, of ninety percent\\nmultiplied by the quotient of the sum of the statewide average tax rate\\nas computed by the commissioner for the current year in accordance with\\nthe provisions of paragraph e of subdivision one of section thirty-six\\nhundred nine-e of this part plus the statewide average tax rate computed\\nby the commissioner for the base year in accordance with such provisions\\nplus the statewide average tax rate computed by the commissioner for the\\nyear prior to the base year in accordance with such provisions, divided\\nby three, provided however that for the two thousand seven--two thousand\\neight school year, such local tax factor shall be sixteen thousandths\\n(0.016), and provided further that for the two thousand eight--two\\nthousand nine school year, such local tax factor shall be one hundred\\nfifty-four ten thousandths (0.0154). The income wealth index shall be\\ncalculated pursuant to paragraph d of subdivision three of this section,\\nprovided, however, that for the purposes of computing the expected\\nminimum local contribution the income wealth index shall not be less\\nthan sixty-five percent (0.65) and shall not be more than two hundred\\npercent (2.0) and provided however that such income wealth index shall\\nnot be more than ninety-five percent (0.95) for the two thousand\\neight--two thousand nine school year, and provided further that such\\nincome wealth index shall not be less than zero for the two thousand\\nthirteen--two thousand fourteen school year. The selected actual\\nvaluation shall be calculated pursuant to paragraph c of subdivision one\\nof this section. Total wealth foundation pupil units shall be calculated\\npursuant to paragraph h of subdivision two of this section.\\n b. Phase-in foundation increase. (1) The phase-in foundation increase\\nshall equal the product of the phase-in foundation increase factor\\nmultiplied by the positive difference, if any, of (i) the product of the\\ntotal aidable foundation pupil units multiplied by the district's\\nselected foundation aid less (ii) the total foundation aid base computed\\npursuant to paragraph j of subdivision one of this section.\\n (2) The phase-in foundation percent shall equal one hundred thirteen\\nand fourteen one hundredths percent (1.1314) for the two thousand\\neleven--two thousand twelve school year, one hundred ten and\\nthirty-eight hundredths percent (1.1038) for the two thousand\\ntwelve--two thousand thirteen school year, one hundred seven and\\nsixty-eight hundredths percent (1.0768) for the two thousand\\nthirteen--two thousand fourteen school year, one hundred five and six\\nhundredths percent (1.0506) for the two thousand fourteen--two thousand\\nfifteen school year, and one hundred two and five tenths percent\\n(1.0250) for the two thousand fifteen--two thousand sixteen school year.\\n For the two thousand eleven--two thousand twelve school year, the\\nphase-in foundation increase factor shall equal thirty-seven and\\none-half percent (0.375) and the phase-in due minimum percent shall\\nequal nineteen and forty-one hundredths percent (0.1941), for the two\\nthousand twelve--two thousand thirteen school year the phase-in\\nfoundation increase factor shall equal one and seven-tenths percent\\n(0.017), for the two thousand thirteen--two thousand fourteen school\\nyear the phase-in foundation increase factor shall equal (1) for a city\\nschool district in a city having a population of one million or more,\\nfive and twenty-three hundredths percent (0.0523) or (2) for all other\\nschool districts zero percent, for the two thousand fourteen--two\\nthousand fifteen school year the phase-in foundation increase factor\\nshall equal (1) for a city school district of a city having a population\\nof one million or more, four and thirty-two hundredths percent (0.0432)\\nor (2) for a school district other than a city school district having a\\npopulation of one million or more for which (A) the quotient of the\\npositive difference of the foundation formula aid minus the foundation\\naid base computed pursuant to paragraph j of subdivision one of this\\nsection divided by the foundation formula aid is greater than twenty-two\\npercent (0.22) and (B) a combined wealth ratio less than thirty-five\\nhundredths (0.35), seven percent (0.07) or (3) for all other school\\ndistricts, four and thirty-one hundredths percent (0.0431), and for the\\ntwo thousand fifteen--two thousand sixteen school year and thereafter\\nthe commissioner shall annually determine the phase-in foundation\\nincrease factor subject to allocation pursuant to the provisions of\\nsubdivision eighteen of this section and any provisions of a chapter of\\nthe laws of New York as described therein.\\n ** b-1. Notwithstanding any other provision of law to the contrary,\\nfor the two thousand seven--two thousand eight school year and\\nthereafter, the additional amount payable to each school district\\npursuant to this subdivision in the current year as total foundation\\naid, after deducting the total foundation aid base, shall be deemed a\\nstate grant in aid identified by the commissioner for general use for\\npurposes of section seventeen hundred eighteen of this chapter.\\n ** NB Effective until June 16, 2016\\n ** b-1. Notwithstanding any other provision of law to the contrary,\\nfor the two thousand seven--two thousand eight through school year and\\nthereafter, the additional amount payable to each school district\\npursuant to this subdivision in the current year as total foundation\\naid, after deducting the total foundation aid base, shall be deemed a\\nstate grant in aid identified by the commissioner for general use for\\npurposes of sections seventeen hundred eighteen and two thousand\\ntwenty-three of this chapter.\\n ** NB Effective June 16, 2016\\n c. Public excess cost aid setaside. Each school district shall set\\naside from its total foundation aid computed for the current year\\npursuant to this subdivision an amount equal to the product of: (i) the\\ndifference between the amount the school district was eligible to\\nreceive in the two thousand six--two thousand seven school year pursuant\\nto or in lieu of paragraph six of subdivision nineteen of this section\\nas such paragraph existed on June thirtieth, two thousand seven, minus\\nthe amount such district was eligible to receive pursuant to or in lieu\\nof paragraph five of subdivision nineteen of this section as such\\nparagraph existed on June thirtieth, two thousand seven, in such school\\nyear, and (ii) the sum of one and the percentage increase in the\\nconsumer price index for the current year over such consumer price index\\nfor the two thousand six--two thousand seven school year, as computed\\npursuant to section two thousand twenty-two of this chapter.\\nNotwithstanding any other provision of law to the contrary, the public\\nexcess cost aid setaside shall be paid pursuant to section thirty-six\\nhundred nine-b of this part.\\n d. For the two thousand fourteen--two thousand fifteen school year a\\ncity school district of a city having a population of one million or\\nmore may use amounts apportioned pursuant to this subdivision for\\nafterschool programs.\\n 5. Public high cost excess cost aid. A school district having a pupil\\nwith a disability of school age for whom the cost, as approved by the\\ncommissioner, of appropriate special services or programs exceeds the\\nlesser of ten thousand dollars or four times the expense per pupil\\nwithout limits shall be entitled to an additional apportionment for each\\nsuch child computed by multiplying the district's excess cost aid ratio\\nby the amount by which such cost exceeds three times the district's\\nexpense per pupil without limits.\\n a. For the purpose of this subdivision:\\n (1) Expense per pupil for the purposes of this subdivision shall be\\nnot less than two thousand dollars and not more than the greater of\\nseven thousand one hundred ten dollars or the statewide average of such\\nexpense per pupil. Such statewide average expense per pupil shall be\\ncomputed and rounded to the nearest fifty dollars by the commissioner\\nusing the expense and pupils as estimated by school districts or as\\ndetermined by the commissioner for use in determining the expense per\\npupil of the district pursuant to paragraph f of subdivision one of this\\nsection for all districts eligible for aid pursuant to this section. For\\nthe purposes of calculating such statewide expense per pupil, the data\\nfor the city school district of the city of New York shall be city-wide\\ndata.\\n (2) The excess cost aid ratio shall be computed by subtracting from\\none the product obtained by multiplying fifty-one per centum by the\\ncombined wealth ratio. This aid ratio shall be expressed as a decimal\\ncarried to three places without rounding, but not less than twenty-five\\npercent.\\n b. Notwithstanding section thirty-six hundred nine-a of this part, the\\napportionment provided for in this subdivision shall be paid pursuant to\\nsection thirty-six hundred nine-b of this part.\\n 5-a. Supplemental public excess cost aid. For the two thousand\\nseven--two thousand eight school year, a school district having a pupil\\nwith a disability of school age shall be entitled to an additional\\napportionment computed as follows:\\n a. Total excess cost amount per pupil shall equal the product of the\\nexpense per pupil computed pursuant to subparagraph one of paragraph a\\nof subdivision five of this section and the excess cost aid ratio, which\\nshall be computed pursuant to subparagraph two of paragraph a of\\nsubdivision five of this section.\\n b. Basic excess cost amount shall equal the product of the total\\nexcess cost amount per pupil and the resident weighted supplemental\\npupils with disabilities computed pursuant to subparagraph five of\\nparagraph i of subdivision one of this section.\\n c. Integrated settings excess cost amount shall equal the product of\\nthe total excess cost amount per pupil and the integrated settings\\nweighted pupils with disabilities computed pursuant to subparagraph six\\nof paragraph i of subdivision one of this section.\\n d. Declassification support services amount. (1) Declassification\\nsupport services shall mean services for teachers and pupils in the\\nfirst year that a pupil moves from a special education program to a\\nfull-time regular education program. Services to pupils shall be\\nprovided on a regular basis and may include, but not be limited to\\npsychological, social work, speech and language services and noncareer\\ncounseling services provided by qualified professional personnel as\\ndefined in regulations of the commissioner. Services for teachers of\\nsuch pupils may include the assistance of teacher aides or consultation\\nwith appropriate personnel. When a committee on special education\\ndetermines that a pupil no longer needs special education services and\\nis ready for a full-time regular education program, such committee shall\\nidentify and recommend the appropriate declassification support services\\nfor the first year in the regular education program.\\n (2) The declassification support services amount shall be equal to\\nfifty percent of the total excess cost amount per pupil multiplied by\\nthe number of such pupils in the base year.\\n (3) Declassification support services shall not be eligible for an\\napportionment pursuant to section nineteen hundred fifty of this\\nchapter.\\n (4) The commissioner shall adopt regulations to implement the\\nprovisions of this paragraph.\\n e. Total supplemental public excess cost amount shall be equal to the\\nsum of the basic excess cost aid amount, the integrated settings excess\\ncost amount, the declassification support services amount and the public\\nhigh cost excess cost aid computed pursuant to subdivision five of this\\nsection for the current year.\\n f. The supplemental public excess cost aid base shall equal for the\\ntwo thousand seven--two thousand eight school year, the amount the\\nschool district was eligible to receive in the two thousand six--two\\nthousand seven school year pursuant to or in lieu of paragraph six of\\nformer subdivision nineteen of this section.\\n g. Supplemental public excess cost aid shall equal the product of\\nninety-one hundredths and the positive difference, if any, of:\\n (1) the difference of the total supplemental excess cost amount minus\\nthe supplemental public excess cost aid base, minus (2) the positive\\ndifference of the district's total foundation aid minus the product of\\none hundred three percent and the total foundation aid base.\\n h. Notwithstanding section thirty-six hundred nine-a of this part, the\\napportionment provided for in this subdivision shall be paid pursuant to\\nsection thirty-six hundred nine-b of this part.\\n For the two thousand eight--two thousand nine school year, each school\\ndistrict shall be entitled to an apportionment equal to the product of\\nfifteen percent and the additional apportionment computed pursuant to\\nthis subdivision for the two thousand seven--two thousand eight school\\nyear. For the two thousand nine--two thousand ten through two thousand\\nfourteen--two thousand fifteen school years, each school district shall\\nbe entitled to an apportionment equal to the amount set forth for such\\nschool district as \"SUPPLEMENTAL PUB EXCESS COST\" under the heading\\n\"2008-09 BASE YEAR AIDS\" in the school aid computer listing produced by\\nthe commissioner in support of the budget for the two thousand nine--two\\nthousand ten school year and entitled \"SA0910\".\\n 6. Apportionment for capital outlays and debt service for school\\nbuilding purposes. Any apportionment to a school district pursuant to\\nthis subdivision shall be based upon base year approved expenditures for\\ncapital outlays incurred prior to July first, two thousand one from its\\ngeneral fund, capital fund or reserved funds and current year approved\\nexpenditures for debt service, including debt service for refunding bond\\nissues eligible for an apportionment pursuant to paragraph g of this\\nsubdivision and lease or other annual payments to the New York city\\neducational construction fund created by article ten of this chapter or\\nthe city of Yonkers educational construction fund created by article\\nten-B of this chapter which have been pledged to secure the payment of\\nbonds, notes or other obligations issued by the fund to finance the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof the school portion of combined occupancy structures, or for lease or\\nother annual payments to the New York state urban development\\ncorporation created by chapter one hundred seventy-four of the laws of\\nnineteen hundred sixty-eight, pursuant to agreement between such school\\ndistrict and such corporation relating to the construction, acquisition,\\nreconstruction, rehabilitation or improvement of any school building, or\\nfor annual payments to the dormitory authority pursuant to any lease,\\nsublease or other agreement relating to the financing, refinancing,\\nacquisition, design, construction, reconstruction, rehabilitation,\\nimprovement, furnishing and equipping of, or otherwise provide for\\nschool district capital facilities or school district capital equipment\\nmade under the provisions of section sixteen hundred eighty of the\\npublic authorities law, or for annual payments pursuant to any lease,\\nsublease or other agreement relating to the financing, refinancing,\\nacquisition, design, construction, reconstruction, rehabilitation,\\nimprovement, furnishing and equipping of, or otherwise providing for\\neducational facilities of a city school district under the provisions of\\nsection sixteen of chapter six hundred five of the laws of two thousand,\\nor for payments, pursuant to any assignment authorized by section\\ntwenty-seven hundred ninety-nine-tt of the public authorities law, of\\ndebt service in furtherance of funding the five-year educational\\nfacilities capital plan of the city of New York school district or\\nrelated debt service costs and expenses as set forth in such section,\\nfor annual payments pursuant to any lease, sublease or other agreement\\nrelating to the financing, refinancing, design, reconstruction,\\nrehabilitation, improvement, furnishing and equipping of, or otherwise\\nproviding for projects authorized pursuant to the city of Syracuse and\\nthe board of education of the city school district of the city of\\nSyracuse cooperative school reconstruction act, for annual payments\\npursuant to any lease, sublease or other agreement relating to the\\nfinancing, refinancing, design, reconstruction, rehabilitation,\\nimprovement, furnishing and equipping of, or otherwise providing for\\nprojects authorized pursuant to the city of Rochester and the board of\\neducation of the city school district of the city of Rochester school\\nfacilities modernization program act, or for lease, lease-purchase or\\nother annual payments to another school district or person, partnership\\nor corporation pursuant to an agreement made under the provisions of\\nsection four hundred three-b, subdivision eight of section twenty-five\\nhundred three, or subdivision six of section twenty-five hundred\\nfifty-four of this chapter, provided that the apportionment for such\\nlease or other annual payments under the provisions of section four\\nhundred three-b, subdivision eight of section twenty-five hundred three,\\nor subdivision six of section twenty-five hundred fifty-four of this\\nchapter, other than payments under a lease-purchase agreement or an\\nequivalent agreement, shall be based upon approved expenditures in the\\ncurrent year. Approved expenditures for capital outlays from a school\\ndistrict's general fund, capital fund or reserved funds that are\\nincurred on or after July first, two thousand two, and are not aidable\\npursuant to subdivision six-f of this section, shall be aidable as debt\\nservice under an assumed amortization established pursuant to paragraphs\\ne and j of this subdivision. In any such case approved expenditures\\nshall be only for new construction, reconstruction, purchase of existing\\nstructures, for site purchase and improvement, for new garages, for\\noriginal equipment, furnishings, machinery, or apparatus, and for\\nprofessional fees and other costs incidental to such construction or\\nreconstruction, or purchase of existing structures. In the case of a\\nlease or lease-purchase agreement entered pursuant to section four\\nhundred three-b, subdivision eight of section twenty-five hundred three\\nor subdivision six of section twenty-five hundred fifty-four of this\\nchapter, approved expenditures for the lease or other annual payments\\nshall not include the costs of heat, electricity, water or other\\nutilities or the costs of operation or maintenance of the leased\\nfacility. An apportionment shall be available pursuant to this\\nsubdivision for construction, reconstruction, rehabilitation or\\nimprovement in a building, or portion thereof, being leased by a school\\ndistrict only if the lease is for a term of at least ten years\\nsubsequent to the date of the general construction contract for such\\nconstruction, reconstruction, rehabilitation or improvement. Each school\\ndistrict shall prepare a five year capital facilities plan, pursuant to\\nregulations developed by the commissioner for such purpose, provided\\nthat in the case of a city school district in a city having a population\\nof one million inhabitants or more, such facilities plan shall comply\\nwith the provisions of section twenty-five hundred ninety-p of this\\nchapter and this subdivision. Such plan shall include, but not be\\nlimited to, a building inventory, and estimated expense of facility\\nneeds, for new construction, additions, alterations, reconstruction,\\nmajor repairs, energy consumption and maintenance by school building, as\\nappropriate. Such five year plan shall include a priority ranking of\\nprojects and shall be amended if necessary to reflect subsequent on-site\\nevaluations of facilities conducted by state supported contractors.\\n a. For capital outlays for such purposes first incurred on or after\\nJuly first, nineteen hundred sixty-one and debt service for such\\npurposes first incurred on or after July first, nineteen hundred\\nsixty-two, the actual approved expenditures less the amount of civil\\ndefense aid received pursuant to the provisions of section thirty-five\\nof chapter seven hundred eighty-four of the laws of nineteen hundred\\nfifty-one as amended shall be allowed for purposes of apportionment\\nunder this subdivision but not in excess of the following schedule of\\ncost allowances:\\n (1) For new construction and the purchase of existing structures, the\\ncost allowances shall be based upon the rated capacity of the building\\nor addition and a basic per pupil allowance of up to six thousand three\\nhundred seventy-five dollars adjusted monthly by a statewide index\\nreflecting changes in the cost of labor and materials since July first,\\nnineteen hundred ninety-two, established by the commissioner of labor,\\nmodified by an annual county or multi-county labor market composite wage\\nrate, established by the commissioner of labor in consultation with the\\ncommissioner, for July first of the base year, commencing July first,\\nnineteen hundred ninety-seven for general construction contracts awarded\\non or after July first, nineteen hundred ninety-eight, indexed to the\\nmedian of such county or multi-county rates, but not less than one.\\nSuch base allowance shall apply to a building or an addition housing\\ngrades prekindergarten through six and shall be adjusted for a building\\nor an addition housing grades seven through nine by a factor of one and\\nfour-tenths, for a building or an addition housing grades seven through\\ntwelve by a factor of one and five-tenths, for a building or addition\\nhousing special education programs by a factor of two, except that where\\nsuch building or addition is connected to, or such space is located\\nwithin, a public school facility housing programs for nondisabled\\npupils, as approved by the commissioner, a factor of three shall be\\nused. Rated capacity of a building or an addition shall be determined by\\nthe commissioner based on space standards and other requirements for\\nbuilding construction specified by the commissioner. Such assigned\\ncapacity ratings shall include, in addition to those spaces used for the\\ninstruction of pupils, those spaces which are used for elementary and\\nsecondary school libraries, cafeterias, prekindergarten instructional\\nrooms, teachers' conference rooms, gymnasiums and auditoriums. For new\\nconstruction projects approved on or after July first, two thousand, by\\nthe voters of the school district or by the board of education of a city\\nschool district in a city with more than one hundred twenty-five\\nthousand inhabitants, and/or the chancellor in a city school district in\\na city having a population of one million or more, such rated capacity\\nfor new buildings and additions constructed to replace existing\\nbuildings that, in the judgment of the commissioner, have not been\\nadequately maintained and have not reached their projected useful life\\nshall be reduced by the commissioner by an amount proportional to the\\nremaining unused portion of the useful life of the existing buildings,\\nprovided however that the commissioner may waive such requirement upon a\\nfinding that replacement of the existing building is necessary to\\nprotect the health and safety of students or staff, that reconstruction\\nand modernization of the existing building would not adequately address\\nsuch health and safety problems, and that the need to replace the\\nbuilding was not caused by failure to adequately maintain the building.\\nIf the commissioner of labor resets the statewide index reflecting\\nchanges in the costs of labor and materials since July first, nineteen\\nhundred ninety-two, the commissioner shall adopt regulations to\\nsupersede the basic per pupil allowance of up to six thousand three\\nhundred seventy-five dollars to the imputed allowance in effect at that\\ntime.\\n (2) Where a school district has expenditures for site purchase,\\ngrading or improvement of the site, original furnishings, equipment,\\nmachinery or apparatus, or professional fees, or other incidental costs,\\nthe cost allowances for new construction and the purchase of existing\\nstructures may be increased by the actual expenditures for such purposes\\nbut by not more than the product of the applicable cost allowance\\nestablished pursuant to subparagraph one of this paragraph and twenty\\nper centum for school buildings or additions housing grades\\nprekindergarten through six and by not more than the product of such\\ncost allowance and twenty-five per centum for school buildings or\\nadditions housing grades seven through twelve and by not more than the\\nproduct of such cost allowance and twenty-five per centum for school\\nbuildings or additions housing special education programs as approved by\\nthe commissioner.\\n (3) Cost allowances for reconstructing or modernizing structures shall\\nnot exceed one hundred per centum of the cost allowances for the\\nequivalent new construction over the projected useful life of the\\nbuilding, to be determined in accordance with the regulations of the\\ncommissioner. Reconstruction projects shall reasonably meet the criteria\\nestablished for new construction, including but not limited to energy,\\nfire, personal safety and space per pupil standards.\\n (4) The commissioner shall promulgate regulations prescribing the\\nmethodology for establishing a multi-year cost allowance for the purpose\\nof computation of building aid to school districts and a procedure for\\nschool districts to appeal the determination that a building has not\\nbeen adequately maintained, as required by subparagraphs one and three\\nof this paragraph. Such methodology shall include the development of a\\nbuilding replacement cost allowance schedule for the replacement of\\nmajor building systems of a building over its projected useful life and\\nthe construction of new buildings and additions for projects that have\\nbeen approved on or after July first, two thousand by the voters of the\\nschool district or by the board of education of a city school district\\nin a city with more than one hundred twenty-five thousand inhabitants,\\nand/or the chancellor in a city school district in a city having a\\npopulation of one million or more. For purposes of this subdivision,\\n\"major building systems\" shall mean the electrical, plumbing, heating,\\nventilation and air conditioning systems, and the roof and other major\\nstructural elements of a school building.\\n (5) For costs relating to the construction, acquisition,\\nreconstruction or leases of any school building project conducted by or\\non behalf of a city school district in a city having a population of one\\nmillion inhabitants or more, where a general construction contract has\\nbeen awarded or a purchase or lease agreement was executed on or after\\nJuly first, two thousand four, the cost allowance for such project shall\\ninclude: (a) construction and incidental costs where such costs are\\nassociated with multistory construction necessitated by substandard site\\nsizes, site security costs, difficulties with delivery of construction\\nsupplies, increased fire resistence and fire suppression costs, and (b)\\nsite acquisition, environmental remediation and building demolition\\ncosts, provided, however, that costs which are eligible for an\\napportionment pursuant to this subparagraph on or before July first, two\\nthousand six shall be deemed to be debt service for the two thousand\\nfive--two thousand six school year on new bonds and capital notes\\naidable in July following the current year pursuant to clause (b) of\\nsubparagraph one of paragraph f of this subdivision.\\n On or before January first, two thousand nine, the commissioner shall\\nreport to the director of the budget, the chair of the senate finance\\ncommittee and the chair of the assembly ways and means committee on the\\nprojects which received funding pursuant to the provisions of this\\nsubparagraph, and the overall implementation of this subparagraph.\\n b. (1) The apportionment for school building purposes to any district\\nshall be determined by adding the amount of its current year approved\\nexpenditures for lease or other annual payments under the provisions of\\nsection four hundred three-b, subdivision eight of section twenty-five\\nhundred three, or subdivision six of section twenty-five hundred\\nfifty-four of this chapter, other than payments under a lease-purchase\\nagreement or an equivalent agreement, plus the amount of its current\\nyear approved expenditures under an assumed amortization for capital\\noutlays for school building purposes from its general fund, capital fund\\nor from a reserve fund to the amount of its current year approved\\nexpenditures for debt service for such purposes and multiplying the sum\\nby its aid ratio. Expenditures made for computer equipment, including\\noriginal purchase and installation of hardware, conduit, wiring, and\\npowering of hardware installations in computer classrooms, or for\\nbuilding or campuswide local area network systems and in-building\\nelements of other wide area networks, including the original purchase\\nand installation of conduit, wiring, and powering of hardware\\ninstallations, may be included in approved expenditures for building aid\\npursuant to this paragraph on the approval of the commissioner\\nregardless of any minimum cost requirement that may be applied to other\\napproved expenditures pursuant to this section. Such equipment expenses\\nclaimed for aid under this subdivision shall not be claimed for aid\\nunder any other provisions of this chapter.\\n (2) Additional apportionment for certain school building projects.\\n(i) Eligibility. All school building projects (a) approved by the voters\\nof the school district or (b) approved by the board of education of a\\ncity school district in a city with more than one hundred twenty-five\\nthousand inhabitants, and/or the chancellor in a city school district in\\na city having a population of one million or more or (c) in the case of\\na construction emergency project, approved by the board of education of\\nany school district or by the chancellor in a city school district in a\\ncity having a population of one million or more, for projects approved\\non or after July first, nineteen hundred ninety-eight, shall be eligible\\nfor an additional apportionment pursuant to this subparagraph to the\\nextent that expenditures for such projects are otherwise aidable\\npursuant to this subdivision, provided that where such projects are\\nleases, such projects would only be aidable pursuant to this subdivision\\nfollowing the approval of the voters of the school district if entered\\ninto pursuant to section four hundred three-b of the education law, and\\nprovided that for all such projects so approved on or after July first,\\ntwo thousand, expenditures directly related to swimming pools shall not\\nbe eligible for such additional apportionment, and further provided that\\nfor the purposes of this subdivision a construction emergency project\\nshall mean a school construction project approved on or after July\\nfirst, two thousand, to remediate emergency situations which arise in\\npublic school buildings and threaten the health and/or safety of\\nbuilding occupants, as a result of the unanticipated discovery of\\nasbestos or other hazardous substances during construction work on a\\nschool or significant damage caused by a fire, snow storm, ice storm,\\nexcessive rain, high wind, flood or similar catastrophic event which\\nresults in the necessity for immediate repair.\\n (ii) Apportionment. The apportionment pursuant to this subparagraph\\nshall equal the product of such eligible approved expenses determined in\\naccordance with the provisions of clause (i) of this subparagraph and\\nthis section and the incentive decimal computed for use in the year in\\nwhich the project was approved. The incentive decimal shall equal the\\npositive remainder resulting when the district's building aid ratio\\nselected pursuant to paragraph c of this subdivision is subtracted from\\nthe enhanced building aid ratio. The enhanced building aid ratio shall\\nequal the sum of the building aid ratio selected for use in the current\\nyear pursuant to paragraph c of this subdivision and one-tenth, computed\\nto three decimals without rounding, but not more than (a) ninety-eight\\nhundredths for a high need school district, as defined pursuant to\\nregulations of the commissioner, for all school building projects\\napproved by the voters of the school district or by the board of\\neducation of a city school district in a city with more than one hundred\\ntwenty-five thousand inhabitants, and/or the chancellor in a city school\\ndistrict in a city having a population of one million or more, on or\\nafter July first, two thousand five, or (b) ninety-five hundredths for\\nany other school building project or school district, nor less than\\none-tenth.\\n c. (1) For aid payable in the school year nineteen hundred\\nninety-three--ninety-four and earlier, any school district may compute\\naid under the provisions of this subdivision, or under subdivision six\\nof section thirty-six hundred one-a of this article, using the building\\naid ratio computed for use in the current year or the aid ratio computed\\nfor use in any year commencing with the nineteen hundred\\neighty-one--eighty-two school year as computed by the commissioner based\\non data on file with the education department as of July first, nineteen\\nhundred ninety-six, and; provided that, school districts who are\\neligible for aid under paragraph f of subdivision fourteen of this\\nsection may compute aid under the provisions of this subdivision using\\nthe aid ratio so computed for the reorganized district or the highest of\\nthe aid ratios so computed for any of the individual school districts\\nwhich existed prior to the date of the reorganized school district.\\n (2) (a) For aid payable in the school years nineteen hundred\\nninety-four--ninety-five and thereafter for all school building projects\\napproved by the voters of the school district or by the board of\\neducation of a city school district in a city with more than one hundred\\ntwenty-five thousand inhabitants, and/or the chancellor in a city school\\ndistrict in a city having a population of one million or more, before\\nJuly first, two thousand, any school district may compute aid under the\\nprovisions of this subdivision using the building aid ratio computed for\\nuse in the current year or the aid ratio computed for use in any year\\ncommencing with the nineteen hundred eighty-one--eighty-two school year\\nas such earlier aid ratios are computed by the commissioner based on\\ndata on file with the education department on or before July first of\\nthe third school year following the school year in which aid is first\\npayable; provided that, school districts who are eligible for aid under\\nparagraph f of subdivision fourteen of this section may compute aid\\nunder the provisions of this subdivision using the aid ratio so computed\\nfor the reorganized district or the highest of the aid ratios so\\ncomputed for any of the individual school districts which existed prior\\nto the date of the reorganized school district.\\n (b) For aid payable in the school years two thousand--two thousand one\\nand thereafter for all school building projects approved by the voters\\nof the school district or by the board of education of a city school\\ndistrict in a city with more than one hundred twenty-five thousand\\ninhabitants, and/or the chancellor in a city school district in a city\\nhaving a population of one million or more, on or after July first, two\\nthousand, any school district shall compute aid under the provisions of\\nthis subdivision using the sum of the high-need supplemental building\\naid ratio, if any, computed pursuant to clause (c) of this subparagraph\\nand the greater of (i) the building aid ratio computed for use in the\\ncurrent year; or (ii) a building aid ratio equal to the difference of\\nthe aid ratio that was used or that would have been used to compute an\\napportionment pursuant to this subdivision in the nineteen hundred\\nninety-nine--two thousand school year as such aid ratio is computed by\\nthe commissioner based on data on file with the department on or before\\nJuly first of the third school year following the school year in which\\naid is first payable, less one-tenth; or (iii) for all such school\\nbuilding projects approved by the voters of the school district or by\\nthe board of education of a city school district in a city with more\\nthan one hundred twenty-five thousand inhabitants, and/or the chancellor\\nin a city school district in a city having a population of one million\\nor more, on or after July first, two thousand and on or before June\\nthirtieth, two thousand four, for any school district for which the\\npupil wealth ratio is greater than two and five-tenths in the school\\nyear in which such school building project was approved by the voters of\\nthe school district or by the board of education of a city school\\ndistrict in a city with more than one hundred twenty-five thousand\\ninhabitants, and/or the chancellor in a city school district in a city\\nhaving a population of one million or more and for which the alternate\\npupil wealth ratio is less than eighty-five hundredths in such school\\nyear, and for all such school building projects approved by the voters\\nof the school district or by the board of education of a city school\\ndistrict in a city with more than one hundred twenty-five thousand\\ninhabitants, and/or the chancellor in a city school district in a city\\nhaving a population of one million or more, on or after July first, two\\nthousand five and on or before June thirtieth, two thousand eight, for\\nany school district for which the pupil wealth ratio was greater than\\ntwo and five-tenths in the two thousand--two thousand one school year\\nand for which the alternate pupil wealth ratio was less than eighty-five\\nhundredths in the two thousand--two thousand one school year, the\\nadditional building aid ratio; provided that, school districts who are\\neligible for aid under paragraph f of subdivision fourteen of this\\nsection may compute aid under the provisions of this subdivision using\\nthe difference of the highest of the aid ratios so computed for the\\nreorganized district or the highest of the aid ratios so computed for\\nany of the individual school districts which existed prior to the date\\nof the reorganized school district less one-tenth.\\n (c) For aid payable in the school years two thousand five--two\\nthousand six and thereafter for all school building projects approved by\\nthe voters of the school district or by the board of education of a city\\nschool district in a city with more than one hundred twenty-five\\nthousand inhabitants, and/or the chancellor in city school district in a\\ncity having a population of one million or more, on or after July first,\\ntwo thousand five, high need school districts, as defined pursuant to\\nregulations of the commissioner, may compute aid under the provisions of\\nthis subdivision using the high-need supplemental building aid ratio,\\nwhich shall be the lesser of (A) the product, computed to three decimals\\nwithout rounding, of the greater of the building aid ratios computed\\npursuant to subclauses i, ii and iii of clause (b) of this subparagraph\\nmultiplied by five percent, or (B) the positive remainder of\\nninety-eight one-hundredths less the greater of the building aid ratios\\ncomputed pursuant to subclauses i, ii and iii of clause (b) of this\\nsubparagraph.\\n d. Additional apportionment of building aid for structural inspection\\nof school buildings. In addition to the foregoing apportionments made to\\na school district under the provisions of this subdivision, the\\ncommissioner is hereby authorized to apportion to any school district an\\namount in accordance with this subdivision for structural inspections of\\nschool buildings conducted pursuant to sections four hundred nine-d and\\nfour hundred nine-e of this chapter and the regulations of the\\ncommissioner implementing such sections. The amount of such\\napportionment shall equal the product of the building aid ratio defined\\npursuant to paragraph c of this subdivision and the actual approved\\nexpenses incurred by the district in the base year for each school\\nbuilding so inspected by a licensed architect or licensed professional\\nengineer, provided that the amount of such apportionment shall not\\nexceed the structural inspection aid ceiling. For inspections conducted\\nin the nineteen hundred ninety-two--ninety-three school year, the\\nstructural inspection aid ceiling shall be ten thousand dollars. For\\ninspections conducted in the nineteen hundred ninety-three--ninety-four\\nschool year and thereafter, the inspection aid ceiling shall be ten\\nthousand dollars plus an amount computed by the commissioner in\\naccordance with regulations adopted for such purpose, on the basis of an\\nindex number reflecting changes in the costs of labor and materials from\\nJuly first, nineteen hundred ninety-three.\\n e. (1) Apportionments payable for the nineteen hundred\\nninety-three--ninety-four through the two thousand one--two thousand two\\nschool years to the city school district of the city of New York. (a)\\nFor the purposes of calculating the apportionment payable to the city\\nschool district of the city of New York pursuant to this subdivision for\\nthe nineteen hundred ninety-three--ninety-four through the two thousand\\none--two thousand two school years, current year approved expenditures\\nfor debt service shall mean expenditures for debt service that would be\\nincurred during the current year based on an assumed amortization for a\\nperiod of thirty years of the total approved costs relating to the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof any school building, and based on an assumed rate of annual interest\\napplied to such amortization, both to be established by the commissioner\\npursuant to this subparagraph.\\n (b) The commissioner shall establish an assumed amortization for a\\nperiod of thirty years commencing with the date of the award of a\\ngeneral contract by the school construction authority of the city of New\\nYork, or by another body or official designated by law, relating to the\\nconstruction, acquisition, reconstruction, rehabilitation or improvement\\nof any school building within the city school district of the city of\\nNew York. Such assumed amortization shall provide for equal monthly\\npayments of principal and interest based on an interest rate established\\nby the commissioner for such purpose for the school year during which\\nsuch general contract is awarded. Such estimated average interest rate\\nand such actual average interest rate shall be expressed as a decimal to\\nfive places rounded to the nearest eighth of one-one hundredth.\\n (c) By the first day of September of the current year the comptroller\\nof the city of New York shall provide to the commissioner an analysis,\\nas prescribed by the commissioner, of the actual average interest rate\\napplied to all capital debt incurred by the city of New York and the New\\nYork city transitional finance authority for school purposes during the\\nbase year and of the estimated average interest rate applied to all\\ncapital debt to be incurred by the city of New York and the New York\\ncity transitional finance authority for school purposes during the\\ncurrent year. Upon approval by the commissioner such actual average\\ninterest rate shall be established as the interest rate applicable to\\nthe base year for the purposes of this subparagraph and subparagraph two\\nof this paragraph, and such estimated average interest rate shall be\\ntentatively established as the interest rate applicable to the current\\nyear, except that all apportionments of aid payable during the current\\nyear based on such estimated average interest rate shall be recalculated\\nin the following year and adjusted as appropriate based on the\\nappropriate actual average interest rate then established by the\\ncommissioner.\\n (d) By the first day of November, nineteen hundred ninety-six the\\nchancellor of the city school district of the city of New York shall\\nprovide to the commissioner an analysis of any outstanding debt of the\\ncity of New York which had originally been incurred by such city or its\\nsubdivisions for capital projects related to school buildings of the\\ncity school district of the city of New York for which general\\nconstruction contracts were awarded prior to July first, nineteen\\nhundred eighty-eight. Such analysis shall include the total principal\\namount borrowed, the total capital expenditures included in such\\nprincipal for capital projects related to school buildings of the city\\nschool district of the city of New York for which general construction\\ncontracts were awarded prior to July first, nineteen hundred\\neighty-eight, the ratio of such capital expenditures to such total\\nprincipal expressed as a decimal to five places without rounding and the\\nannual principal and interest payment scheduled for each year remaining\\nin the amortization of such principal as of July first, nineteen hundred\\nninety-six for all such borrowings reported to the department on the \"SA\\n121 Form Building Expenses Worksheet, 1995-96 State Aid\" bearing a run\\ndate of July tenth, nineteen hundred ninety-five which list shall\\nconstitute the maximum principal outstanding and eligible for aid\\npursuant to the provisions of this paragraph. Notwithstanding any other\\nprovision of this subdivision, for aids payable in the nineteen hundred\\nninety-six--ninety-seven school year and thereafter, the approved debt\\nservice included in such principal and interest payments for the\\npurposes of calculating an apportionment pursuant to this subdivision\\nshall equal the product of: (i) five tenths; (ii) the principal and\\ninterest payments scheduled for the current year as reported in such\\nanalysis; and (iii) the ratio of such capital expenditures to such total\\nprincipal as reported in such analysis.\\n (2) Apportionments payable for the two thousand two--two thousand\\nthree school year and thereafter to the city school district of the city\\nof New York.\\n (a) For the purposes of calculating the apportionment payable to the\\ncity school district of the city of New York pursuant to this\\nsubdivision for the two thousand two--two thousand three school year and\\nthereafter, current year approved expenditures for debt service shall\\nmean expenditures for debt service, including expenditures for any\\nlease-purchase or other annual payments under a lease-purchase agreement\\nor the equivalent that are eligible for aid under the opening paragraph\\nof this subdivision, that would be incurred during the current year\\nbased on:\\n (i) an assumed amortization to be established by the commissioner\\npursuant to this subparagraph for a period of thirty years of the total\\napproved costs relating to the construction, acquisition,\\nreconstruction, rehabilitation or improvement of any school building for\\nwhich a general construction contract was awarded on or after the first\\nday of July, two thousand two, and\\n (ii) an assumed amortization to be established by the commissioner\\npursuant to this subparagraph of any assumed unpaid principal, or the\\nequivalent amount in the case of a lease-purchase agreement or its\\nequivalent, remaining as of the first day of July, two thousand two\\npursuant to subparagraph one of this paragraph. Each such amortization\\nshall be based on an assumed rate of annual interest applied to such\\namortization to be established by the commissioner pursuant to this\\nsubparagraph and pursuant to clause (c) of subparagraph one of this\\nparagraph.\\n (b)(i) For approved costs relating to the construction, acquisition,\\nreconstruction, rehabilitation or improvement of any school building for\\nwhich a general construction contract was awarded on or after the first\\nday of July, two thousand two, the commissioner shall establish an\\nassumed amortization for a period of thirty years commencing on the date\\nof receipt by the commissioner of a certification by the district that\\nsuch general construction contract has been awarded by the school\\nconstruction authority of the city of New York, or by another body or\\nofficial designated by law, relating to the construction, acquisition,\\nreconstruction, rehabilitation or improvement of any school building\\nwithin the city school district of the city of New York. Such assumed\\namortization shall provide for equal semiannual payments of principal\\nand interest based on an interest rate established by the commissioner\\nfor such purpose for the school year during which such certification was\\nreceived. Such estimated average interest rate and such actual average\\ninterest rate shall be expressed as a decimal to five places rounded to\\nthe nearest eighth of one-one hundredth.\\n (ii) For any assumed unpaid principal or the equivalent amount in the\\ncase of a lease-purchase agreement or its equivalent, remaining as of\\nthe first day of July, two thousand two pursuant to subparagraph one of\\nthis paragraph, the commissioner shall establish a new assumed\\namortization commencing on such date for the unexpired term of the\\noriginal assumed amortization as of such date. Such assumed amortization\\nshall provide for equal semiannual payments of principal and interest\\nbased on the interest rate applied to the original amortization as\\nestablished by the commissioner pursuant to subparagraph one of this\\nparagraph. Provided, however, that, notwithstanding any provision of law\\nto the contrary, for aid payable in the two thousand nine--two thousand\\nten school year and thereafter, the total apportionment for such current\\nyear approved expenditures for debt service shall not exceed the\\nestimated apportionment as computed based on the estimated current year\\napproved expenditures for debt service on file with the commissioner as\\nof the date upon which an electronic data file was created for the\\npurposes of compliance with paragraph b of subdivision twenty-one of\\nsection three hundred five of this chapter on November fifteenth of the\\nbase year, and the positive remainder, if any, of such apportionment\\nless such estimated apportionment shall not be an apportionment payable\\nin the current year, but shall be deemed to be an apportionment payable\\nfor debt service on new bonds and capital notes aidable in July\\nfollowing the current year as defined in clause (b) of subparagraph one\\nof paragraph f of this subdivision. Such estimate shall be done in\\nconsultation with the commissioner.\\n (3) Apportionments payable to a school district other than the city\\nschool district of the city of New York for any debt service related to\\nprojects approved by the commissioner on or after the later of the first\\nday of December, two thousand one or thirty days after the date upon\\nwhich this subparagraph shall have become a law or for any debt service\\nrelated to projects approved by the commissioner prior to such date\\nwhere a bond, capital note or bond anticipation note is first issued on\\nor after such date to fund such project or for lease-purchase or other\\nannual payments under a lease-purchase agreement or an equivalent\\nagreement entered into on or after such date that are eligible for aid\\nunder the opening paragraph of this subdivision.\\n (a) For the purposes of calculating the apportionments payable to a\\nschool district other than the city school district of the city of New\\nYork pursuant to this subdivision for any debt service related to\\nprojects approved by the commissioner on or after the later of the first\\nday of December, two thousand one or thirty days after the date upon\\nwhich this subparagraph shall have become a law, or for any debt service\\nrelated to projects approved by the commissioner prior to such date\\nwhere a bond, capital note or bond anticipation note is first issued on\\nor after such date to fund such project or for lease-purchase or other\\nannual payments under a lease-purchase agreement or an equivalent\\nagreement entered into on or after the later of the first day of\\nDecember, two thousand one or thirty days after the date upon which this\\nsubparagraph shall have become a law that are eligible for aid under the\\nopening paragraph of this subdivision, current year approved\\nexpenditures for debt service shall mean debt service or lease-purchase\\nor other annual payments under a lease-purchase agreement or an\\nequivalent agreement that would be incurred during the current year\\nbased on an assumed amortization to be established by the commissioner\\npursuant to this subparagraph of the approved project costs to be\\nfinanced related to any such approved project, for a period of:\\n (i) thirty years if the project is for the construction or acquisition\\nof a new school building,\\n (ii) twenty years if the project is for the construction of an\\naddition to a school building or for the reconstruction, rehabilitation\\nor improvement of a school building for which a period of probable\\nusefulness of twenty or more years is assigned pursuant to the local\\nfinance law, and\\n (iii) fifteen years if the project is for the reconstruction,\\nrehabilitation or improvement of a school building for which a period of\\nprobable usefulness of less than twenty years is assigned pursuant to\\nthe local finance law.\\n Provided, however, that, notwithstanding any provision of law to the\\ncontrary, for aid payable in the two thousand three--two thousand four\\nschool year, for any project which is eligible for an apportionment\\npursuant to this subparagraph, but which did not yet have a\\ncertification that a general construction contract had been awarded for\\nsuch project by the district on file with the commissioner as of\\nFebruary fifteenth, two thousand three, such debt service or\\nlease-purchase or other annual payments under a lease-purchase agreement\\nor an equivalent agreement that would be incurred during the current\\nyear based on an assumed amortization to be established by the\\ncommissioner pursuant to this subparagraph of the approved project costs\\nto be financed shall not be current year approved expenditures for debt\\nservice, but shall be deemed to be debt service on new bonds and capital\\nnotes aidable in July following the current year pursuant to clause (b)\\nof subparagraph one of paragraph f of this subdivision.\\n Provided, however, that, notwithstanding any provision of law to the\\ncontrary, for aid payable in the two thousand four--two thousand five\\nschool year, for any project which is eligible for an apportionment\\npursuant to this subparagraph, but which did not yet have a\\ncertification that a general construction contract had been awarded for\\nsuch project by or on behalf of the district on file with the\\ncommissioner as of February fifteenth of the base year, such debt\\nservice or lease-purchase or other annual payments under a\\nlease-purchase agreement or an equivalent agreement that would be\\nincurred during the current year based on an assumed amortization to be\\nestablished by the commissioner pursuant to this subparagraph of the\\napproved project costs to be financed shall not be current year approved\\nexpenditures for debt service, but shall be deemed to be debt service on\\nnew bonds and capital notes aidable in July following the current year\\npursuant to clause (b) of subparagraph one of paragraph f of this\\nsubdivision.\\n Provided, however, that, notwithstanding any provision of law to the\\ncontrary, for aid payable in the two thousand seven--two thousand eight\\nschool year and thereafter, for any project which is eligible for an\\napportionment pursuant to this subparagraph, but which did not yet have\\na certification that a general construction contract had been awarded\\nfor such project by or on behalf of the district on file with the\\ncommissioner as of the date upon which an electronic data file was\\ncreated for the purposes of compliance with paragraph b of subdivision\\ntwenty-one of section three hundred five of this chapter on November\\nfifteenth of the base year, such debt service or lease-purchase or other\\nannual payments under a lease-purchase agreement or an equivalent\\nagreement that would be incurred during the current year based on an\\nassumed amortization to be established by the commissioner pursuant to\\nthis subparagraph of the approved project costs to be financed shall not\\nbe current year approved expenditures for debt service, but shall be\\ndeemed to be debt service on new bonds and capital notes aidable in July\\nfollowing the current year pursuant to clause (b) of subparagraph one of\\nparagraph f of this subdivision.\\n (b) Such assumed amortization for a project approved by the\\ncommissioner on or after the later of the first day of December, two\\nthousand one or thirty days after the date upon which this subdivision\\nshall have become a law and prior to the first day of July, two thousand\\neleven or for any debt service related to projects approved by the\\ncommissioner prior to such date where a bond, capital note or bond\\nanticipation note is first issued on or after the first day of December,\\ntwo thousand one to fund such projects, shall commence: (i) eighteen\\nmonths after such approval or (ii) on the date of receipt by the\\ncommissioner of a certification by the district that a general\\nconstruction contract has been awarded for such project by the district,\\nwhichever is later, and such assumed amortization for a project approved\\nby the commissioner on or after the first day of July, two thousand\\neleven shall commence: (iii) eighteen months after such approval or (iv)\\non the date of receipt by the commissioner of both the final certificate\\nof substantial completion of the project issued by the architect or\\nengineer and the final cost report for such project, whichever is later\\nor (v) upon the effective date of a waiver based on a finding by the\\ncommissioner, pursuant to a process set forth by the commissioner, that\\nthe district is unable to submit a final certificate of substantial\\ncompletion for the project and/or complete the final cost report because\\nof circumstances beyond the control of the district, which shall include\\nbut shall not be limited to the inability of the district to complete a\\ncomplex project within eighteen months. Such assumed amortization shall\\nprovide for equal semiannual payments of principal and interest based on\\nan interest rate established pursuant to subparagraph five of this\\nparagraph for such purpose for the school year during which such\\ncertification is received. The first installment of obligations issued\\nby the school district in support of such projects may mature not later\\nthan the dates established pursuant to sections 21.00 and 22.10 of the\\nlocal finance law.\\n (c) Definitions. For purposes of this paragraph and subdivision\\nthirty-nine of section sixteen hundred eighty of the public authorities\\nlaw:\\n (i) \"the state share of a school construction project\" shall mean the\\nproduct of: (A) the difference of the total approved cost of such\\nproject less the approved cost of such project to be funded pursuant to\\nsubdivision six-f of this section and subdivisions ten and twelve of\\nsection thirty-six hundred forty-one of this article, multiplied by (B)\\nthe building aid ratio applicable to such project pursuant to paragraph\\nc of this subdivision;\\n (ii) \"the local share of a school construction project\" shall mean the\\ndifference of the total approved cost of such project, less the sum of:\\n(A) the approved cost of such project to be funded through subdivision\\nsix-f of this section and subdivisions ten and twelve of section\\nthirty-six hundred forty-one of this article, and (B) the state share of\\nsuch school construction project;\\n (iii) \"refinancing costs attributable to refinancing the state share\\nof a school construction project for purposes of retroactive\\namortization\" shall mean the sum of: (A) that portion of the approved\\nfees and other charges of refinancing, as defined in subparagraph one of\\nparagraph h of this subdivision, which are determined by the\\ncommissioner to be reasonable in accordance with guidelines approved by\\nthe director of the budget, and which are fixed charges that will not\\nvary by the amount of principal and additional principal to be refunded\\nand (B) the product of: (1) the total amount of such approved fees and\\nother charges of refinancing which are not fixed charges and which are\\ndetermined by the commissioner to be reasonable in accordance with\\nguidelines approved by the director of the budget, and (2) the\\npercentage of the principal of the refunding bond that is attributable\\nto refinancing of the state share of a school construction project\\npursuant to subparagraph four of this paragraph, less (C) the amount of\\nsuch approved costs included in the principal of a refunding bond issued\\nby the school district or by the dormitory authority of the state of New\\nYork to refund obligations of the school district subject to\\nsubparagraph four of this paragraph which is necessary to provide for\\nthe payment of the principal, redemption premiums, and interest due on\\nthe refunded obligations of the school district to their stated\\nmaturities or if such bonds are to be called, to the call date.\\nProvided, however, that such expenditures shall be incurred for\\nrefunding bonds issued on or before July first, two thousand five and\\nthat such expenditures result from the refunding of outstanding\\nobligations subject to an assumed amortization pursuant to this\\nsubparagraph for facilities which were eligible for building aid, and\\nfor which the annual aid apportionment payable in the two thousand\\ntwo--two thousand three and/or two thousand three--two thousand four\\nschool years for approved expenditures for debt service are subsequently\\nreduced as a result of the application of assumed amortization to unpaid\\nprincipal outstanding as of July first, two thousand two, and further\\nprovided that the gross dollar savings over the life of the obligation\\nshall be less than the approved fees and other charges of refinancing as\\ndefined in subparagraph one of paragraph h of this subdivision, but only\\nto the extent that such amounts are not otherwise eligible for aid\\npursuant to this subdivision;\\n (iv) \"additional principal attributable to the refunding of bonds\"\\nshall mean the amount of approved expenses included in the principal of\\na refunding bond issued by the school district, or issued by the\\ndormitory authority of the state of New York to refund obligations of\\nthe school district subject to subparagraph four of this paragraph,\\nwhich is necessary to provide for the payment of the principal,\\nredemption premiums, and interest due on the refunded obligations of the\\nschool district to their stated maturities or if such bonds are to be\\ncalled, to the call date; and\\n (v) \"additional principal attributable to the refunding of bonds to\\nrefinance the state share of a school construction project for purposes\\nof retroactive amortization\" shall mean the percentage of the additional\\nprincipal attributable to the refunding of bonds that is necessary to\\nrefinance the state share of a school construction project pursuant to\\nsubparagraph four of this paragraph.\\n (4) Apportionments payable for the two thousand two--two thousand\\nthree school year and thereafter to a school district other than the\\ncity school district of the city of New York or a school district\\nconstituted pursuant to chapter five hundred sixty-six of the laws of\\nnineteen hundred sixty-seven as amended, for any debt service still\\noutstanding as of the first day of July, two thousand two that has not\\nbeen subject to an assumed amortization pursuant to subparagraph three\\nof this paragraph or for lease-purchase or other annual payments under a\\nlease-purchase agreement or an equivalent agreement having an unexpired\\nterm on such date.\\n (a) For the purposes of calculating the apportionments payable to a\\nschool district other than the city school district of the city of New\\nYork pursuant to this subdivision for the two thousand two--two thousand\\nthree school year and thereafter for any debt service still outstanding\\nas of the first day of July, two thousand two that has not been subject\\nto an assumed amortization pursuant to subparagraph three of this\\nparagraph or for lease-purchase or other annual payments under a\\nlease-purchase agreement or an equivalent agreement having an unexpired\\nterm on such date, current year approved expenditures for debt service\\nshall mean debt service or lease-purchase or other annual payments under\\na lease-purchase agreement or an equivalent agreement that would be\\nincurred during the current year based on an assumed amortization to be\\nestablished by the commissioner pursuant to this subparagraph of the sum\\nof\\n (i) any assumed or actual unpaid principal, or the equivalent amount\\nin the case of a lease-purchase agreement or its equivalent, remaining\\nas of the first day of July, two thousand two pursuant to an existing\\namortization or any unpaid principal of a bond anticipation note as of\\nthe first day of July, two thousand two, plus\\n (ii) the approved expenditures for the refunding of bonds that are\\notherwise eligible for an apportionment pursuant to this subdivision, as\\nsuch expenditures are defined in subparagraph two of paragraph g of this\\nsubdivision, provided that such refunding bonds are issued on or before\\nJuly first, two thousand five, less the sum of the refinancing costs\\nattributable to refinancing the state share of a school construction\\nproject for purposes of retroactive amortization plus the additional\\nprincipal attributable to the refunding of bonds, as such terms are\\ndefined in subclauses (iii) and (iv) of clause (c) of subparagraph three\\nof this paragraph, for a period equal to the greater of:\\n (i) the remaining maximum useful life of the project, or projects\\nassociated with such obligation, as determined by the commissioner based\\non data submitted by the school district, or\\n (ii) the remaining term of the bond, bond anticipation note, or\\nlease-purchase agreement.\\n (b) Such assumed amortization of any assumed or actual unpaid\\nprincipal, or the equivalent amount in the case of a lease-purchase\\nagreement or its equivalent, remaining as of the first day of July, two\\nthousand two for a project that has not been subject to an assumed\\namortization pursuant to subparagraph three of this paragraph, shall\\ncommence on the first day of July, two thousand two, and shall provide\\nfor equal semiannual payments of principal and interest based on an\\ninterest rate established by the commissioner for such purpose for the\\ntwo thousand two--two thousand three school year.\\n (c) Any school district eligible for an apportionment pursuant to this\\nsubparagraph shall be eligible for an additional apportionment equal to\\nthe sum of the refinancing costs attributable to refinancing the state\\nshare of a school construction project for purposes of retroactive\\namortization plus the additional principal attributable to the refunding\\nof bonds to refinance the state share of a school construction project\\nfor purposes of retroactive amortization, as such terms are defined in\\nsubclauses (iii) and (v) of clause (c) of subparagraph three of this\\nparagraph.\\n (d) Any school district that issues debt after July first, two\\nthousand two for the funding of the approved costs of projects eligible\\nfor an apportionment pursuant to this subparagraph shall be eligible for\\nan additional apportionment calculated pursuant to the provisions of\\nthis subdivision, where the assumed amortization shall be based upon\\nsuch approved costs and the remaining useful life shall be the remaining\\nperiod over which the apportionments calculated pursuant to clause (a)\\nof this subparagraph are to be paid.\\n (5) (a) Calculation of interest rates for the city school districts of\\nthe cities of Buffalo, Rochester, Syracuse and Yonkers. (i) By the first\\nday of September of the current year, or by the date prescribed by the\\ncommissioner for the two thousand one--two thousand two school year, the\\nchief fiscal officer of each of the cities of Buffalo, Rochester,\\nSyracuse and Yonkers shall provide to the commissioner an analysis, as\\nprescribed by the commissioner, of the actual average interest rate\\napplied to all capital debt incurred by such city related to school\\nconstruction purposes during the base year not including debt issued by\\nthe dormitory authority for the benefit of any school district and of\\nthe estimated average interest rate applied to all capital debt to be\\nincurred by such city related to school construction purposes during the\\ncurrent year not including debt issued by the dormitory authority for\\nthe benefit of any school district. Such interest rates shall be\\nexpressed as a decimal to five places rounded to the nearest eighth of\\none-one hundredth. Except as otherwise provided in items (ii), (iii) and\\n(iv) of this clause, the interest rate of such city applicable to the\\nbase year for the purposes of this subparagraph shall be the actual\\naverage interest rate of such city in the base year, and the estimated\\naverage interest rate shall be tentatively established as the interest\\nrate of such city applicable to the current year, except that all\\napportionments of aid payable during the current year based on such\\nestimated average interest rate shall be recalculated in the following\\nyear and adjusted as appropriate based on the appropriate actual average\\ninterest rate then established pursuant to this clause provided,\\nhowever, that in any year in which such city has not incurred debt\\nrelated to serial bonds or sinking fund bonds as defined in sections\\n21.00 and 22.10, respectively, of the local finance law, issued for\\nschool construction purposes, the assumed interest rate calculated\\npursuant to clause (b) of this subparagraph shall be tentatively\\nestablished as the interest rate of such city applicable to the projects\\napproved by the commissioner in such year, except that all\\napportionments of aid payable based on such interest rate for each such\\nproject shall be recalculated following the submission of a final cost\\nreport for such project and adjusted as appropriate based on the\\nappropriate actual average interest rate applicable to the debt issued\\nto fund such project, and provided further that where such city has\\nentered into an agreement with the dormitory authority of the state of\\nNew York to finance debt related to school construction that is subject\\nto subparagraph four of this paragraph or has entered into an agreement\\nwith the dormitory authority of the state of New York for the purpose of\\nfinancing a school construction project that is subject to subparagraph\\nthree of this paragraph, the interest rate applicable to the obligations\\nissued by the dormitory authority of the state of New York for such\\npurpose shall be the interest rate established for such city applicable\\nto such debt.\\n (ii) Notwithstanding the provisions of item (i) of this clause, where\\nsuch city has entered into an agreement with the state of New York\\nmunicipal bond bank agency pursuant to subdivision one of section\\ntwenty-four hundred thirty-five-a of the public authorities law and\\nsubdivision (b) of section sixteen of chapter six hundred five of the\\nlaws of two thousand, or an agreement with the Erie county industrial\\ndevelopment agency for projects described in subdivision (b) of section\\nsixteen of such chapter six hundred five, to finance school renovation,\\nrehabilitation or reconstruction that is subject to subparagraph three\\nof this paragraph, the lesser of: (A) the interest rate actually\\napplicable to each series of obligations originally issued to finance\\neach phase of project costs approved by the commissioner, by the state\\nof New York municipal bond bank agency or by the Erie county industrial\\ndevelopment agency for such purpose (without regard to any refunding of\\nsuch obligations); or (B) the interest rate that would have been\\napplicable to each series of obligations originally issued to finance\\neach phase of project costs approved by the commissioner, by the state\\nof New York municipal bond bank agency (without regard to any refunding\\nof such obligations) if the project had been financed through such\\nagency, as certified to the commissioner by the executive director of\\nthe state of New York municipal bond bank agency, shall be the interest\\nrate established for such city applicable for purposes of calculating\\nthe assumed amortization for such approved project costs pursuant to\\nclause (b) of subparagraph three of this paragraph.\\n For projects approved by the commissioner in any school year in which\\ncapital debt is incurred by either the state of New York municipal bond\\nbank agency or the Erie county industrial development agency to refund\\ndebt related to school renovation, rehabilitation or reconstruction of\\nor on behalf of the school district, where such school renovation,\\nrehabilitation or reconstruction qualifies for apportionment pursuant to\\nsubparagraph three of this paragraph, by the first day of September of\\nthe current year, the chief fiscal officer of such city shall provide to\\nthe commissioner an analysis, as prescribed by the commissioner, of the\\nactual average interest rate applied to all capital debt incurred to\\nfinance or refund debt related to school renovation, rehabilitation or\\nreconstruction that qualifies for apportionment pursuant to subparagraph\\nthree of this paragraph by either the state of New York municipal bond\\nbank agency or the Erie county industrial development agency during the\\nbase year and of the estimated average interest rate applied to all\\ncapital debt incurred to finance or refund debt related to school\\nrenovation, rehabilitation or reconstruction that is subject to\\nsubparagraph three of this paragraph by either the state of New York\\nmunicipal bond bank agency or the Erie county industrial development\\nagency during the current year. Such interest rates shall be expressed\\nas a decimal to five places rounded to the nearest eighth of one-one\\nhundredth. The interest rate established for such city applicable to\\nprojects first approved in such year shall be tentatively established as\\nthe interest rate computed pursuant to this clause for the current year,\\nexcept that all apportionments of aid payable during the current year\\nbased on such estimated average interest rate shall be recalculated in\\nthe following year and adjusted as appropriate based on the appropriate\\nactual average interest rate then established pursuant to this clause\\nand shall be the interest rate established for such city applicable for\\npurposes of calculating the assumed amortization for project costs\\napproved during the current year pursuant to clause (b) of subparagraph\\nthree of this paragraph.\\n (iii) Notwithstanding the provisions of item (i) of this clause, where\\nsuch city has entered into an agreement with the state of New York\\nmunicipal bond bank agency pursuant to subdivision one of section\\ntwenty-four hundred thirty-five-a of the public authorities law and\\nsubdivision (a) of section fourteen of the city of Syracuse and the\\nboard of education of the city school district of the city of Syracuse\\ncooperative school reconstruction act, or an agreement with the city of\\nSyracuse industrial development agency for projects authorized pursuant\\nto the city of Syracuse and the board of education of the city school\\ndistrict of the city of Syracuse cooperative school reconstruction act,\\nto finance debt related to school rehabilitation or reconstruction that\\nis subject to subparagraph three of this paragraph, the lesser of: (A)\\nthe net interest cost as defined by the commissioner, applicable to the\\nobligations issued by the state of New York municipal bond bank agency\\nor the city of Syracuse industrial development agency for such purpose;\\nor (B) such net interest cost, as defined by the commissioner that would\\nhave been applicable to bonds issued by the state of New York municipal\\nbond bank agency if the project had been authorized to be financed and\\nhad been financed through such entity, as certified to the commissioner\\nby the executive director of the state of New York municipal bond bank\\nagency shall be the interest rate established for such city applicable\\nto such debt.\\n (iv) Notwithstanding the provisions of item (i) of this clause, where\\nsuch city or city school district has entered into an agreement with the\\ncounty of Monroe industrial development agency or the dormitory\\nauthority of the state of New York, for projects authorized pursuant to\\nthe city of Rochester and the board of education of the city school\\ndistrict of the city of Rochester school facilities modernization\\nprogram act, to finance debt related to school rehabilitation or\\nreconstruction that is subject to subparagraph three of this paragraph,\\nthe lesser of: (A) the net interest cost, as defined by the\\ncommissioner, that would have been applicable to bonds issued by the\\ncounty of Monroe industrial development agency if the project had been\\nauthorized to be financed and had been financed through such entity, as\\ncertified to the commissioner by the executive director of the county of\\nMonroe industrial development agency; or (B) such net interest cost, as\\ndefined by the commissioner, that would have been applicable to bonds\\nissued by the state of New York dormitory authority if the project had\\nbeen authorized to be financed and had been financed through such\\nentity, as certified to the commissioner by the executive director of\\nthe state of New York dormitory authority shall be the interest rate\\nestablished for such city applicable to such debt.\\n (b) Calculation of interest rates for school districts other than the\\ncity school districts of the cities of Buffalo, Rochester, Syracuse,\\nYonkers and New York. By the first day of September of the current year,\\nor by the date prescribed by the commissioner for the two thousand\\none--two thousand two school year, each school district, other than the\\ncity school districts of the cities of Buffalo, Rochester, Syracuse,\\nYonkers and New York, shall provide to the commissioner in a format\\nprescribed by the commissioner such information as the commissioner\\nshall require for all capital debt incurred by such school district\\nduring the preceding school year relating to the construction,\\nacquisition, reconstruction, rehabilitation or improvement of any school\\nbuilding, not including debt issued by the dormitory authority. Based on\\nsuch reported amortizations and a methodology prescribed by the\\ncommissioner in regulations, the commissioner shall compute an assumed\\ninterest rate that shall equal the average of the interest rates applied\\nto all such debt issued during the preceding school year. The assumed\\ninterest rate shall be tentatively established as the interest rate of\\neach such school district applicable to the current year for the\\npurposes of this subparagraph and shall be expressed as a decimal to\\nfive places rounded to the nearest eighth of one-one hundredth except\\nthat all apportionments of aid payable during the current year based on\\nsuch assumed interest rate shall be recalculated in the following year\\nand adjusted as appropriate based on the appropriate assumed interest\\nrate then established pursuant to this clause, provided, however, that\\nwhere such school district has entered into an agreement with the\\ndormitory authority of the state of New York to refinance debt issued by\\nsuch school district that is subject to subparagraph four of this\\nparagraph or has entered into an agreement with the dormitory authority\\nof the state of New York for the purpose of financing a school\\nconstruction project that is subject to subparagraph three of this\\nparagraph, the interest rate applicable to the obligations issued by the\\ndormitory authority of the state of New York for such purpose shall be\\nthe interest rate established for each such school district applicable\\nto such debt.\\n (c) At the end of each ten year segment of an assumed amortization\\nestablished pursuant to subparagraphs two, three and four of this\\nparagraph, or in the two thousand fifteen -- two thousand sixteen school\\nyear in the case of assumed amortizations whose ten year segment ends\\nprior to such school year, the commissioner shall revise the remaining\\nscheduled semiannual payments of the outstanding principal and interest\\nof such assumed amortization, other than the outstanding principal and\\ninterest of refunding bonds where the district can demonstrate to the\\ncommissioner that it is precluded by state or federal law, rule or\\nregulation from refinancing such outstanding principal and interest,\\nbased on the interest rates applicable for the current year if the\\ndifference of the interest rate upon which the existing assumed\\namortization is based minus such interest rate applicable for the\\ncurrent year is equal to or greater than one quarter of one-one\\nhundredth. Provided however, in the case of assumed amortization whose\\nten year segment ended prior to the two thousand fifteen -- two thousand\\nsixteen school year the next ten year segment shall be deemed to\\ncommence with the two thousand fifteen -- two thousand sixteen school\\nyear. The department shall notify school districts of projects subject\\nto the provisions of this clause by no later than December first next\\npreceding the school year in which the assumed amortization is scheduled\\nto be revised pursuant to this clause.\\n (d) Notwithstanding any other law, rule or regulation to the contrary,\\nany interest rate calculated under this subdivision shall take into\\naccount any federal subsidy payments made or to be made to the\\napplicable school district or an issuer on behalf of the school district\\nunder the terms of a federally authorized debt instrument which have the\\neffect of reducing the actual interest costs incurred by the school\\ndistrict or an issuer on behalf of the school district over the life of\\nsuch capital debt, irrespective of any federal government right of\\nset-off.\\n (6) Notwithstanding any other provisions of this paragraph, where a\\nschool district can demonstrate to the satisfaction of the commissioner\\nextenuating circumstances that a waiver is warranted for an existing\\namortization or an existing lease-purchase agreement or equivalent\\nagreement as of the first day of July, two thousand two, the\\ncommissioner may consult with the dormitory authority of the state of\\nNew York and may grant a waiver consistent with guidelines developed in\\nconsultation with the director of the division of the budget and shared\\nwith the chairs of the senate finance committee and the assembly ways\\nand means committee, to make adjustments, including, but not limited to:\\n(i) the period of assumed amortization to equal the period of the\\nexisting amortization, (ii) the interest rate applied to such\\namortization to equal the actual average interest rate applied to the\\nexisting amortization, and/or (iii) the annual assumed payments of debt\\nservice to equal the aidable payments of debt service under the existing\\namortization and provided further that where a school district can\\ndemonstrate to the commissioner that it is precluded by state or federal\\nlaw, rule or regulation from refinancing such outstanding principal and\\ninterest, clause (iii) of this subparagraph shall apply.\\n (7) For aid payable in the two thousand two--two thousand three school\\nyear, school districts shall provide, on or before the fifteenth day of\\nJanuary, two thousand two, such data as the commissioner shall deem\\nnecessary to estimate the apportionment payable under assumed\\namortization pursuant to subparagraph four of this paragraph, in such\\nform as the commissioner shall determine. Such data shall be provided\\nfor each project for which the district will make a debt service payment\\nthat is aidable pursuant to this subdivision in the current school year\\nand for each project for which such district expects to make a debt\\nservice payment that will be aidable pursuant to this subdivision in the\\nfollowing school year.\\n (8) Notwithstanding any other provision of the law to the contrary,\\nwhere, during the period of assumed amortization relating to a project\\nfor the construction, acquisition, reconstruction, rehabilitation or\\nimprovement of a school building, the school building is sold or\\nownership is otherwise transferred to an entity other than the school\\ndistrict or city and such transfer results in the building no longer\\nbeing operated by the school district as a public elementary or\\nsecondary school that is not independent or autonomous, the district\\nshall, within sixty days of the transfer of ownership, notify the\\ncommissioner of such sale or transfer, and shall provide such additional\\ninformation about the sale or transfer as the commissioner may require,\\nin a form prescribed by the commissioner, and the commissioner shall\\nre-compute the building aid, if any, payable for such project pursuant\\nto this subparagraph, except to the extent such re-computation would\\nconflict with the provisions of section twenty-seven hundred\\nninety-nine-tt of the public authorities law. The commissioner shall\\ndeduct the revenues received by the school district or city as a result\\nof such sale or transfer from the approved total project cost and, based\\non such adjusted project cost, establish a new assumed amortization for\\nthe remaining useful life of the project under the applicable provisions\\nof this paragraph.\\n f. (1) As used in this subdivision and in section thirty-six hundred\\nnine-a of this article the following terms shall be defined as follows:\\n (a) \"Debt service on bond anticipation notes aidable in July following\\nthe current year\" shall mean current year debt service expenditures for\\nbond anticipation notes issued in the current school year.\\n (b) \"Debt service on new bonds and capital notes aidable in July\\nfollowing the current year\" shall mean current year debt service\\nexpenditures for bonds and/or capital notes issued in the current school\\nyear.\\n (2) Notwithstanding any inconsistent provisions of this subdivision,\\nthe amount of current year approved expenditure for debt service for\\nbond anticipation notes and for bonds and capital notes issued during\\nthe current year for school building purposes pursuant to paragraph b of\\nthis subdivision shall not be greater than the estimate of such\\nexpenditures as reported to the commissioner by the school district on\\nor before November fifteenth of the current year. For aid payable in the\\nnineteen hundred ninety-six--ninety-seven school year and thereafter,\\nany excess of actual expenditures for such debt service for bond\\nanticipation notes and such bonds or capital notes incurred in the base\\nyear, within the limitations imposed pursuant to paragraph i of this\\nsubdivision, over such estimate of base year expenditures as reported to\\nthe commissioner by the school district on or before November fifteenth\\nof the base year shall be considered approved expenditures for lease or\\nother annual payments under the provisions of section four hundred\\nthree-b, subdivision eight of section twenty-five hundred three, or\\nsubdivision six of section twenty-five hundred fifty-four of this\\nchapter, other than payments under a lease-purchase agreement or an\\nequivalent agreement, for school building purposes.\\n (3) (a) For the purposes of this subparagraph the following terms\\nshall be defined as follows:\\n (i) \"First issue date\" shall mean the date on which the school\\ndistrict issued an initial obligation in the form of a bond anticipation\\nnote, a bond or a capital note for the purpose of financing one or more\\napproved building projects for which a combined annual claim of aidable\\ndebt service as defined in regulations of the commissioner, is submitted\\nto the commissioner.\\n (ii) \"First contract date\" shall mean the date by which: (A) the\\nschool district certifies to the commissioner that construction\\nactivities related to the erection, construction, reconstruction or\\nalteration of a school building have commenced, or that the purchase of\\na school building has been made under one or more of the approved\\nbuilding projects included in a combined annual claim of aidable debt\\nservice; and (B) that one or more payments for such construction\\nactivities or purchase, including incidental costs have been made by the\\nschool district in a total amount equal to or greater than ten percent\\nof the principal value upon which the combined annual claim of aidable\\ndebt service is based. Such certification shall be in a form and of a\\ncontent as prescribed by the commissioner.\\n (iii) \"Principal value\" shall mean the sum of the original principal\\namounts of all obligations issued by the school district for the purpose\\nof financing one or more approved building projects for which a combined\\nannual claim of aidable debt service is submitted to the commissioner,\\nless any such principal that has been refinanced.\\n (iv) \"Approved project cost\" shall mean the sum of approved project\\ncosts of all approved building projects for which a combined annual\\nclaim of aidable debt service is submitted to the commissioner.\\n (v) \"Final redemption date\" shall mean the date by which the school\\ndistrict will have repaid all principal borrowed for the purpose of\\nfinancing one or more approved building projects for which a combined\\nannual claim of aidable debt service is submitted to the commissioner.\\n (b) For aids payable in the two thousand--two thousand one school\\nyear, and thereafter, notwithstanding any inconsistent provisions of\\nthis subdivision, except for any project to which paragraph e of this\\nsubdivision applies, the amount of approved expenditures incurred during\\nthe current school year for debt service for bond anticipation notes,\\nbonds and capital notes having a related first issue date on or after\\nJuly first, two thousand shall equal the product of the actual\\nexpenditures incurred during the current school year for debt service\\nfor each such bond anticipation note, bond or capital note, less any\\naccrued interest or premiums received by the district, and the\\napplicable bond percent.\\n (c) The applicable bond percent shall equal: (i) the quotient of the\\napproved project cost for contracts awarded on or before June thirtieth\\nof the current school year divided by the principal value, or (ii) if\\nthe first issue date is more than ninety days prior to the first\\ncontract date, the product of: (A) one minus the quotient of the number\\nof days elapsed between the first issue date and the first contract date\\ndivided by the number of days elapsed between the first issue date and\\nthe final redemption date and (B) the quotient of the approved project\\ncost for contracts awarded on or before June thirtieth of the current\\nschool year divided by the principal value, provided that, if upon\\nreview of documentation submitted by a school district the commissioner\\ndetermines that the debt was issued by a city having a population of one\\nhundred twenty-five thousand or more, as part of a mixed borrowing\\nincluding both school purposes and other municipal purposes or, that a\\nschool district, due to circumstances beyond its control, issued bond\\nanticipation notes, bonds or capital notes more than ninety days prior\\nto the first contract date, the commissioner may compute the applicable\\nbond percent pursuant to item (i) of this clause. The applicable bond\\npercent shall be expressed as a decimal to five places without rounding.\\n g. Eligibility criteria for aid for refunding of bonds. (1) To be\\neligible for any apportionment of aid pursuant to this subdivision for\\napproved expenditures for the refunding of bonds to refinance school\\nconstruction, reconstruction or purchase of existing structures or for\\nexpenditures incidental to such refunding of bonds the following\\nrequirements shall be met:\\n (i) the refunding shall be in accordance with section 90.10 of the\\nlocal finance law;\\n (ii) the bonds to be refunded shall have been issued exclusively to\\nfinance school construction, reconstruction or purchase of existing\\nstructures;\\n (iii) the issuance of refunding bonds shall result in a net present\\nvalue savings to both the school district and the state, provided,\\nhowever, that the gross dollar savings over the life of the bond shall\\nexceed the approved fees and other charges of refinancing as defined in\\nsubparagraph one of paragraph h of this subdivision, except in the case\\nof the refunding of bonds with unpaid principal outstanding as of the\\nfirst day of July, two thousand two subject to assumed amortization\\npursuant to subparagraph four of paragraph e of this subdivision, for\\nfacilities eligible for building aid, and for which the annual aid\\napportionment payable in the two thousand two--two thousand three and\\ntwo thousand three--two thousand four school years for approved\\nexpenditures for debt service are subsequently reduced as a result of\\nthe application of assumed amortization to such unpaid principal; and\\n (iv) for any refunding of bonds for which a refunding bond resolution\\nis approved after April first, nineteen hundred ninety-four, the board\\nof education or trustees shall certify that the intention of the school\\ndistrict to accept proposals for the refunding of bonds has been\\nannounced in at least one regular public meeting of such board and that\\nall such proposals received have been discussed in a second public\\nmeeting of the board held no sooner than fourteen days after such\\nannouncement.\\n (2) For the purposes of subparagraph three of this paragraph, approved\\nexpenditures for the refunding of bonds shall mean any amount included\\nin the principal of the refunding bond issue of a school district, or of\\nthe dormitory authority of the state of New York to refund obligations\\nof a school district for purposes of subparagraph four of paragraph e of\\nthis subdivision, that represents the unmatured interest on the bonds to\\nbe refunded to and including either the date or dates such bonds were to\\nmature or the date or dates set for redemption prior to their\\nmaturities, plus the redemption premiums, if any, payable on the bonds\\nto be refunded on the redemption date or dates, plus the approved fees\\nand other charges of refinancing as defined in subparagraph one of\\nparagraph h of this subdivision.\\n (3) Approved expenditures for the refunding of bonds as defined in\\nsubparagraph two of this paragraph shall be excluded from the\\ncalculation of any ratio of allowable expense to principal that may be\\nused to determine approved debt service expense.\\n h. Additional apportionment of building aid for approved fees and\\nother charges and expenses related to the issuance of refinancing bonds.\\n(1) For the purposes of this subdivision approved fees and other charges\\nof refinancing shall include the costs and expenses incidental to the\\nissuance of refunding bonds by a school district, or by the dormitory\\nauthority of the state of New York to refund obligations of a school\\ndistrict for purposes of subparagraph four of paragraph e of this\\nsubdivision, which are eligible for an apportionment pursuant to\\nparagraph g of this subdivision, the costs of the development of the\\nrefunding financial plan and of executing and performing the terms and\\nconditions of the escrow contract and all fees and charges of the escrow\\nholders.\\n (2) Notwithstanding any inconsistent provisions of this subdivision,\\nschool districts shall also be eligible for an apportionment pursuant to\\nthis subdivision in an amount equal to the product of the aid ratio used\\nfor building aid in the current year as defined in paragraph c of this\\nsubdivision and the base year approved fees and other charges of\\nrefinancing as defined in subparagraph one of this paragraph, but only\\nto the extent such costs and expenses are not paid from the proceeds of\\nthe refunding bonds and are not otherwise eligible for aid pursuant to\\nthis subdivision, provided however, that in the case of the refunding of\\nbonds subject to an assumed amortization pursuant to subparagraph four\\nof paragraph e of this subdivision for facilities which were eligible\\nfor building aid, provided that such refunding bonds are issued on or\\nbefore the first day of July, two thousand five and for which the annual\\naid apportionment payable in the two thousand two--two thousand three\\nand/or two thousand three--two thousand four school years for approved\\nexpenditures for debt service are subsequently reduced as a result of\\nthe application of assumed amortization to unpaid principal outstanding\\nas of July first, two thousand two, and further provided that the gross\\ndollar savings over the life of the bond shall be less than the approved\\nfees and other charges of refinancing as defined in subparagraph one of\\nthis paragraph, such apportionment shall be equal to such base year\\napproved fees and other charges of refinancing, but only to the extent\\nsuch costs and expenses are not paid from the proceeds of the refunding\\nbonds and are not otherwise eligible for aid pursuant to this\\nsubdivision.\\n i. Approved expenditures for debt service. (1) Bond anticipation\\nnotes. Except as otherwise provided in subparagraph four of this\\nparagraph, for purposes of the apportionment payable pursuant to this\\nsubdivision in the nineteen hundred ninety-six--ninety-seven school year\\nand thereafter to a school district other than to the city school\\ndistrict of the city of New York, except for any project to which\\nparagraph e of this subdivision applies, approved expenditures for debt\\nservice on bond anticipation notes relating to the construction,\\nacquisition, reconstruction, rehabilitation or improvement of any school\\nbuilding, including but not limited to the balance of principal\\noutstanding as of July first, nineteen hundred ninety-six which was\\nfunded during the nineteen hundred ninety-five--ninety-six school year\\nfrom proceeds of the sale of bond anticipation notes by a school\\ndistrict, shall mean actual approved expenditures for principal and\\ninterest related to the financing of a school construction project\\nthrough bond anticipation notes; except that:\\n (i) such expenditures shall not include expenditures for principal on\\nsuch notes during the first twenty-three months following the original\\nissuance of such notes; and\\n (ii) such expenditures shall not include expenditures for principal or\\ninterest on bond anticipation notes issued or reissued after the\\nissuance of a certificate of substantial completion for such project, or\\nexpenditures for principal made during the school year in excess of the\\nminimum principal payment required under the local finance law.\\n (2) Bonds and capital notes. (i) For purposes of the apportionment\\npayable pursuant to this subdivision in the nineteen hundred\\nninety-six--ninety-seven school year and thereafter to a school district\\nother than to the city school district of the city of New York, approved\\nexpenditures for debt service on bonds, capital notes and any other\\nlong-term local obligations relating to the construction, acquisition,\\nreconstruction, rehabilitation or improvement of any school building,\\nshall mean actual approved expenditures for principal and interest\\nrelated to the financing of a school construction project through such\\nlocal obligations except as provided pursuant to clause (ii) of this\\nsubparagraph or subparagraph four of this paragraph or paragraph e of\\nthis subdivision; provided that, to be eligible for aid on debt service\\npursuant to this subdivision, such bonds, capital notes or other local\\nobligations issued on or after August first, nineteen hundred\\nninety-six, or, in the case of a small city school district, on or after\\nNovember fifteenth, nineteen hundred ninety-six, shall provide for\\nsubstantially level debt service or principal as defined in paragraph d\\nof section 21.00 of the local finance law; and\\n (A) be amortized for a period of not less than fifteen years,\\nincluding any period of amortization on related bond anticipation notes,\\nin the case of local obligations issued to finance new construction and\\nthe purchase of existing structures; or\\n (B) be amortized for a period of not less than ten years, including\\nany period of amortization on related bond anticipation notes, in the\\ncase of local obligations issued to finance the reconstruction,\\nrehabilitation or improvement of existing school buildings.\\n (ii) Notwithstanding any inconsistent provisions of this clause, any\\nactual principal or interest expenditures related to the issuance of a\\nlocal obligation to finance new construction for a term of less than\\nfifteen years or reconstruction for a term of less than ten years, as\\nspecified in clause (i) of this subparagraph, shall not be used in the\\ncalculation of the apportionment payable pursuant to this subdivision,\\nprovided, however, that aidable approved expenditures for debt service\\nshall be calculated pursuant to the provisions of this clause, as\\nfollows:\\n (A) for new construction and the purchase of existing structures,\\ncurrent year approved expenditures for debt service shall mean\\nexpenditures for principal and interest expense that would be incurred\\nduring the current year based on an assumed amortization for a period of\\nfifteen years, or the actual term of the obligation issued by the school\\ndistrict, whichever is greater, of any outstanding principal and/or\\nprincipal payments not previously aided at the time of issue of the\\nobligation that represents costs approved by the commissioner including\\nany period of amortization on related bond anticipation notes. Such\\nassumed amortization shall commence with the date of the award of a\\ngeneral contract by the school district for such new construction or\\npurchase, the date the district was placed on assumed amortization by\\nthe commissioner, or the date upon which the district selected an\\nassumed amortization pursuant to subparagraph four of this paragraph,\\nwhichever shall last occur, and shall be based on an assumed rate of\\nannual interest applied to such amortization, as determined by the\\ncommissioner pursuant to subparagraph three of this paragraph for the\\nmonth in which a general contract is awarded for such project; and\\n (B) for reconstruction, rehabilitation or improvement of existing\\nschool buildings, current year approved expenditures for debt service\\nshall mean expenditures for principal and interest expense that would be\\nincurred during the current year based on an assumed amortization for a\\nperiod of ten years, or the actual term of the obligation issued by the\\nschool district, whichever is greater, of any outstanding principal\\nand/or principal payments not previously aided that represents costs\\napproved by the commissioner including any period of amortization on\\nrelated bond anticipation notes. Such assumed amortization shall\\ncommence with the date of the award of a general contract by the school\\ndistrict for such new construction or purchase, the date the district\\nwas placed on actual amortization by the commissioner, or the date upon\\nwhich the district selected an assumed amortization pursuant to\\nsubparagraph four of this paragraph, whichever shall last occur, and\\nshall be based on an assumed rate of annual interest applied to such\\namortization, as determined by the commissioner pursuant to subparagraph\\nthree of this paragraph for the month in which a general contract is\\nawarded for such project.\\n (3) By the fifteenth day of each month, beginning on August fifteenth,\\nnineteen hundred ninety-six, the commissioner shall determine the\\nprevailing interest rate for the preceding month based on a nationally\\nrecognized and accepted index of municipal bond yields reported for such\\npreceding month, in accordance with a methodology prescribed by the\\ncommissioner and approved by the director of the budget.\\n (4) Notwithstanding any other provision of this paragraph to the\\ncontrary, in the case of projects eligible for an apportionment pursuant\\nto subparagraph one of this paragraph during the nineteen hundred\\nninety-six--ninety-seven school year, and projects of small city school\\ndistricts whether or not eligible for such an apportionment during such\\nschool year, for the purpose of the apportionment payable pursuant to\\nthis subdivision or subdivision six-b of this section during the\\nnineteen hundred ninety-six--ninety-seven school year and thereafter to\\na school district other than to the city school district of the city of\\nNew York, for the construction, acquisition, reconstruction,\\nrehabilitation or improvement of a school building, such school district\\nshall have the option of selecting to receive aid based on actual\\nexpenditures pursuant to subparagraph one or clause (i) of subparagraph\\ntwo of this paragraph; or based on an assumed amortization pursuant to\\nclause (ii) of subparagraph two of such paragraph. Such selection shall\\nbe made on or before the time of submission of a project to the\\ncommissioner for final approval or November fifteenth, nineteen hundred\\nninety-seven, whichever shall occur later. Provided, however, any such\\nschool district selecting to receive aid based on actual expenditures\\npursuant to subparagraph one or clause (i) of subparagraph two of this\\nparagraph, but not meeting all requirements of such provisions, shall\\nhave their aid for debt service computed under an assumed amortization\\npursuant to clause (ii) of subparagraph two of this paragraph, and\\nprovided further that any adjustments resulting from a required\\ncomputation under clause (ii) of subparagraph two of this paragraph\\nshall apply to the next payment due for such project.\\n (5) Notwithstanding any inconsistent provisions of this paragraph, for\\nthe purpose of calculating an apportionment pursuant to this\\nsubdivision:\\n (i) current approved expenditures for debt service for energy\\nperformance contracts authorized pursuant to section 9-103 of the energy\\nlaw shall mean approved debt service incurred by a school district under\\nsuch contract during the current school year related to the financing of\\nsuch construction, acquisition, reconstruction, rehabilitation or\\nimprovement of any school building, provided that as a condition of\\neligibility for aid:\\n A. The amortization period shall not exceed the term of the energy\\nperformance contract.\\n B. Any state building aid attributable to such project shall be\\nexcluded in determining the cost savings under the energy performance\\ncontract.\\n C. The energy performance contractor shall guarantee recovery of\\ncontract costs from energy savings realized by the school district\\nduring the term of the energy performance contract, which shall not\\nexceed eighteen years.\\n (ii) notwithstanding any inconsistent provisions of this paragraph,\\nfor aid payable in the two thousand two--two thousand three school year\\nand thereafter, approved expenditures for debt service for energy\\nperformance contracts shall be based on assumed amortization where\\nrequired by paragraph e of this subdivision.\\n (iii) current year approved expenditures for debt service for the\\npurchase of computer equipment shall mean expenditures for principal and\\ninterest expense incurred by a school district during the current year\\nfor financing of the purchase of computer equipment eligible for aid\\npursuant to paragraph b of this subdivision, provided that the payment\\nof aid shall be based on an assumed period of amortization which shall\\nequal the period of probable usefulness applicable to the acquisition of\\nsuch equipment under section 11.00 of the local finance law and on an\\nassumed rate of annual interest determined pursuant to subparagraph\\nthree of this paragraph for the month in which the purchase contract was\\nexecuted; and\\n (iv) current year approved expenditures for debt service for any other\\nexpenditures that are aidable pursuant to this subdivision and involve\\nan object or purpose for which the period of probable usefulness under\\nsection 11.00 of the local finance law is less than ten years shall mean\\nexpenditures for principal and interest expense incurred by a school\\ndistrict during the current year for the contracting of indebtedness for\\nsuch object or purpose, provided that the payment of aid shall be based\\non an assumed period of amortization equal to such period of probable\\nusefulness and on an assumed rate of annual interest determined pursuant\\nto subparagraph three of this paragraph for the month in which the\\nfinancing agreement was executed.\\n j. Assumed amortization for capital outlays. For aid payable in the\\ntwo thousand three--two thousand four school year and thereafter, the\\napportionment to a school district for approved expenditures for capital\\noutlays from its general fund, capital fund or reserved funds pursuant\\nto this subdivision shall be based upon an assumed amortization\\nestablished pursuant to the applicable provisions of subparagraph two,\\nthree, or four of paragraph e of this subdivision, as modified by this\\nparagraph, whether or not the school district issues debt for such\\nexpenditures. Notwithstanding any provisions of subparagraph two, three,\\nor four of paragraph e of this subdivision to the contrary:\\n (1) For approved expenditures for capital outlay incurred by the city\\nschool district of the city of New York on or after July first, two\\nthousand two that are related to projects for which a general\\nconstruction contract was first awarded by the school construction\\nauthority of the city of New York, or by another body or official\\ndesignated by law, prior to the first day of July, two thousand two,\\nsuch amortization shall commence (i) eighteen months after January\\nfirst, two thousand three; or (ii) on the date of receipt by the\\ncommissioner of a certification by the district that a general\\nconstruction contract has been awarded for such project, whichever is\\nlater; and the quotient, calculated to the nearest whole dollar without\\nrounding, of (A) the positive remainder of the approved expenditures of\\nsuch project to be funded through capital outlay less the total amount\\nof approved expenditures for capital outlay incurred before July first,\\ntwo thousand two, divided by (B) the positive remainder, computed to the\\nnearest year without rounding, of the new term of the assumed\\namortization established pursuant to item (ii) of clause (b) of\\nsubparagraph two of paragraph e of this subdivision as of July first,\\ntwo thousand three, less twelve months shall be deemed to be the current\\nyear approved expenditures for debt service for the purposes of such\\nparagraph.\\n (2) Approved expenditures for capital outlay incurred by the city\\nschool district of the city of New York that are related to projects for\\nwhich a general construction contract was first awarded on or after the\\nfirst day of July, two thousand two, shall be deemed approved\\nexpenditures for debt service included in the assumed amortization for\\nthe project pursuant to subparagraph two of paragraph e of this\\nsubdivision.\\n (3) For approved expenditures for capital outlay incurred by a school\\ndistrict other than the city school district of the city of New York on\\nor after July first, two thousand two that are related to projects\\napproved by the commissioner prior to the first day of July, two\\nthousand two, such amortization shall commence: (i) eighteen months\\nafter January first, two thousand three; or (ii) on the date of receipt\\nby the commissioner of a certification by the district that a general\\nconstruction contract has been first awarded for such project by the\\ndistrict, whichever is later, and the quotient, calculated to the\\nnearest whole dollar without rounding, of (A) the positive remainder of\\nthe approved cost of such project to be funded through capital outlay\\nless the total amount of approved expenditures for capital outlay\\nincurred before July first, two thousand two, divided by (B) the\\npositive remainder, computed to the nearest year without rounding, of\\nthe remaining maximum useful life of the project as determined by the\\ncommissioner pursuant to item (i) of clause (a) of subparagraph four of\\nparagraph e of this subdivision as of July first, two thousand one, less\\ntwelve months, shall be deemed to be the current year approved\\nexpenditures for debt service for the purposes of such paragraph.\\n (4) Approved expenditures for capital outlay incurred by a school\\ndistrict other than the city school district of the city of New York\\nthat are related to projects approved by the commissioner on or after\\nthe first day of July, two thousand two, shall be deemed approved\\nexpenditures for debt service included in an assumed amortization for\\nthe project pursuant to subparagraph three of paragraph e of this\\nsubdivision.\\n 6-a. Additional apportionments of building aid for school districts\\neducating pupils residing on Indian reservations. In addition to the\\napportionments made to a school district under the provisions of\\nsubdivision six of this section, the commissioner is hereby authorized\\nto apportion to any school district, which the commissioner deems to be\\nproviding educational services for a significant number of pupils\\nresiding on an Indian reservation, an amount calculated by the\\ncommissioner to represent the actual per pupil cost within the cost\\nallowance assigned to Indian pupils as the contribution of the state on\\nbehalf of pupils residing on an Indian reservation. Such apportionment\\nshall be payable after approval by the commissioner of final plans for a\\nconstruction project approved by the commissioner for such purpose. Any\\nsuch apportionment shall be made upon such terms and conditions as the\\ncommissioner shall approve.\\n 6-b. Building aid for joint facilities. a. Two or more school\\ndistricts eligible for operating aid pursuant to this section, other\\nthan a city school district in a city with one hundred twenty-five\\nthousand inhabitants or more, that enter into an agreement in accordance\\nwith section one hundred nineteen-o of the general municipal law and\\nthis subdivision, may receive building aid pursuant to this subdivision\\nfor approved expenditures for the construction or reconstruction of one\\nor more single site joint facilities. To be eligible for such aid, the\\ngeneral contracts for the project shall have been awarded on or after\\nJuly first, nineteen hundred ninety-three, and the project and joint\\nagreement shall have been approved by the commissioner. For\\nparticipating school districts in which the school budget is subject to\\nvoter approval, the joint agreement shall be subject to voter approval.\\n b. To be eligible for building aid for the joint facility, the joint\\nagreement shall designate the board of education of the school district\\nin which such single site joint facility will be located as the lead\\ndistrict, provided that where such facility will occupy adjoining sites\\nin more than one participating district any district in which a part of\\nthe facility is situated may be designated as the lead district.\\nNotwithstanding any other provision of law, the lead district shall be\\nauthorized to contract indebtedness for the purpose of the joint project\\npursuant to the local finance law as if the entire project was conducted\\nsolely by the lead district. The joint agreement shall designate the\\ndistrict or districts that will operate, maintain and/or manage the\\njoint facility. The lead district shall serve as fiscal agent for all\\nparticipating districts for the purpose of claiming and receiving\\nbuilding aid pursuant to subdivision six of this section. The joint\\nagreement shall include a lease agreement between the lead district and\\nall other participating districts whereby all parties agree to lease the\\nfacility for a term not less than the period within which all bonds or\\nnotes issued to finance the project will mature. Participating districts\\nshall not be eligible for an apportionment pursuant to any provision of\\nthis chapter for any lease expense incurred for the joint facility and\\nsuch expense shall not be included in the approved operating expense of\\nany such district, provided, however, that nothing shall prohibit the\\ninclusion of a district's share of the net administrative, operation and\\nmaintenance costs of the joint project in the district's approved\\noperating expense. The joint agreement shall provide for a credit of the\\nstate aid received by the lead district for the joint project against\\nthe expenses of such project and shall provide a method of allocating\\nthe net cost of the joint facility to the participating districts,\\ndistributing (i) the gross cost based on each district's share of the\\nuse of the facility, and (ii) the state aid based on each district's aid\\nratio and use-share of the aidable expense.\\n c. Upon approval of the joint agreement, the lead district shall be\\neligible for an apportionment pursuant to subdivision six of this\\nsection as if the joint project was conducted solely by such lead\\ndistrict; provided, however, that the building aid ratio used in\\ncomputing such aid shall be the sum of the product for each of the\\nparticipating districts of the district's building aid ratio selected\\npursuant to paragraph c of subdivision six of this section for aid\\npayable in the current year multiplied by the district's share of the\\nuse of the facility.\\n d. Where the lead district reorganizes with some or all other\\ndistricts participating in the joint agreement subsequent to approval of\\nthe joint agreement, such reorganized district shall be eligible for\\nreorganization incentive aid pursuant to subparagraph one of paragraph c\\nas modified by paragraph i, both of subdivision fourteen of this section\\nfor expenditures for any debt service for indebtedness outstanding after\\nthe effective date of such reorganization that were incurred for the\\nfinancing of construction of the joint facility so long as such facility\\ncontinues to be used by such reorganized district, as if the joint\\nfacility had been constructed by the reorganized district subsequent to\\nreorganization.\\n e. Notwithstanding the provisions of section thirty-six hundred nine-a\\nof this article, aid for joint projects shall be paid in accordance with\\na schedule established by the commissioner and approved by the director\\nof the budget.\\n 6-c. a. Building aid for metal detectors, and safety devices for\\nelectrically operated partitions, room dividers and doors. In addition\\nto the apportionments payable to a school district pursuant to\\nsubdivision six of this section, the commissioner is hereby authorized\\nto apportion to any school district additional building aid pursuant to\\nthis subdivision for its approved expenditures in the base year for the\\npurchase of stationary metal detectors, security cameras, safety devices\\nfor electrically operated partitions and room dividers required pursuant\\nto section four hundred nine-f of this chapter, or other security\\ndevices approved by the commissioner that increase the safety of\\nstudents and school personnel, provided, however, that funds apportioned\\nto school districts pursuant to this section shall not supplant funds\\nfor existing district expenditures or for existing contractual\\nobligations of the district for stationary metal detectors, security\\ncameras, partition and room divider safety devices, or security devices.\\nPortable or hand held metal detectors shall not be eligible for aid\\npursuant to this subdivision. Such additional aid shall equal the\\nproduct of the building aid ratio computed for use in the current year\\npursuant to paragraph c of subdivision six of this section and the\\nactual approved expenditures incurred in the base year pursuant to this\\nsubdivision, provided that the limitations on cost allowances prescribed\\nby paragraph a of subdivision six of this section shall not apply. The\\ncommissioner shall annually prescribe a special cost allowance for metal\\ndetectors, and security cameras, and the approved expenditures shall not\\nexceed such cost allowance. The commissioner shall annually prescribe a\\nspecial cost allowance for partition and room divider safety devices,\\nand the approved expenditures shall not exceed such cost allowance.\\n b. For projects approved by the commissioner authorized to receive\\nadditional building aid pursuant to this subdivision for the purchase of\\nstationary metal detectors, security cameras or other security devices\\napproved by the commissioner that increase the safety of students and\\nschool personnel, provided that for purposes of this paragraph such\\nother security devices shall be limited to electronic security systems\\nand hardened doors, and provided that for projects approved by the\\ncommissioner on or after the first day of July two thousand thirteen and\\nbefore the first day of July two thousand sixteen such additional aid\\nshall equal the product of (i) the building aid ratio computed for use\\nin the current year pursuant to paragraph c of subdivision six of this\\nsection plus ten percentage points, except that in no case shall this\\namount exceed one hundred percent, and (ii) the actual approved\\nexpenditures incurred in the base year pursuant to this subdivision,\\nprovided that the limitations on cost allowances prescribed by paragraph\\na of subdivision six of this section shall not apply, and provided\\nfurther that any projects aided under this paragraph must be included in\\na district's school safety plan. The commissioner shall annually\\nprescribe a special cost allowance for metal detectors, and security\\ncameras, and the approved expenditures shall not exceed such cost\\nallowance.\\n 6-e. Additional apportionment of building aid for building condition\\nsurveys of school buildings. In addition to the apportionments payable\\nto a school district pursuant to subdivision six of this section, the\\ncommissioner is hereby authorized to apportion to any school district\\nadditional building aid in accordance with this subdivision for its\\napproved expenses in the base year for building condition surveys of\\nschool buildings that are conducted pursuant to this subdivision and\\nsubdivision four of section thirty-six hundred forty-one of this\\narticle. The amount of such apportionment shall equal the product of the\\nbuilding aid ratio defined pursuant to paragraph c of subdivision six of\\nthis section and the actual approved expenses incurred by the district\\nin the base year for each school building so inspected, provided that\\nthe amount of such apportionment shall not exceed the building condition\\nsurvey aid ceiling. For surveys conducted in the nineteen hundred\\nninety-eight--ninety-nine school year, the building condition aid\\nceiling shall be twenty cents gross per square foot of floor area. For\\nsurveys conducted in the nineteen hundred ninety-nine--two thousand\\nschool year and thereafter, the inspection aid ceiling shall be twenty\\ncents gross per square foot of floor area, plus an amount computed by\\nthe commissioner in accordance with regulations adopted for such\\npurpose, on the basis of an index number reflecting changes in the costs\\nof labor and materials from July first, nineteen hundred ninety-eight.\\n 6-f. Additional apportionment of building aid for certain projects. a.\\nIn addition to the apportionment payable to a school district pursuant\\nto subdivision six of this section, the commissioner is hereby\\nauthorized to apportion to any school district additional building aid\\nin the amount equal to the product of its approved expenditures in the\\nbase year for capital outlays from the district's general fund, capital\\nfund or reserved funds that are incurred on or after July first, two\\nthousand two for an eligible school construction project as defined in\\nparagraph b of this subdivision, and the district's applicable building\\naid ratio as defined pursuant to paragraph c of subdivision six of this\\nsection. Approved expenditures for capital outlays for eligible school\\nconstruction projects that are eligible for an apportionment pursuant to\\nthis subdivision shall not be eligible for aid pursuant to subdivision\\nsix of this section.\\n b. For the purposes of this subdivision, an \"eligible school\\nconstruction project\" shall mean a school construction project that is\\nentirely funded from capital outlays and:\\n (1) has a total project cost of one hundred thousand dollars or less;\\nprovided however, that for any district, no more than one project shall\\nbe eligible pursuant to this subparagraph for an apportionment within\\nthe same school year; and/or\\n (2) is a construction emergency project to remediate emergency\\nsituations which arise in public school buildings and threaten the\\nhealth and/or safety of building occupants, as a result of the\\nunanticipated discovery of asbestos or other hazardous substances during\\nconstruction work on a school or significant damage caused by a fire,\\nsnow storm, ice storm, excessive rain, high winds, flood or a similar\\ncatastrophic event which results in the necessity for immediate repair;\\nand/or\\n (3) if bonded pursuant to paragraph j of subdivision six of this\\nsection, would cause a city school district in a city having a\\npopulation of less than one hundred twenty-five thousand inhabitants to\\nexceed ninety-five percent of its constitutional debt limit provided,\\nhowever, that any debt issued pursuant to paragraph c of section 104.00\\nof the local finance law shall not be included in such calculation.\\n 6-g. Charter schools facilities aid. a. The city school district of\\nthe city of New York, upon documenting that it has incurred total\\naggregate expenses of forty million dollars or more pursuant to\\nsubparagraphs five and six of paragraph (e) of subdivision three of\\nsection twenty-eight hundred fifty-three of this chapter, shall be\\neligible for an apportionment pursuant to this subdivision for its\\nannual approved expenditures for the lease of space for charter schools\\nincurred in the base year in accordance with paragraph (e) of\\nsubdivision three of section twenty-eight hundred fifty-three of this\\nchapter.\\n b. The apportionment shall equal the product of (1) the sum of:\\n (A) for aid payable for expenses incurred pursuant to subparagraph\\nfive of paragraph (e) of subdivision three of section twenty-eight\\nhundred fifty-three of this chapter where the charter school prevails on\\nappeal, the annual approved expenses incurred by the city school\\ndistrict pursuant to such subparagraph five; and\\n (B) for aid payable for expenses incurred pursuant to subparagraph six\\nof paragraph (e) of subdivision three of section twenty-eight hundred\\nfifty-three of this chapter where the charter school prevails on appeal,\\nthe actual annual approved rental expenses incurred pursuant to such\\nsubparagraph six multiplied by\\n (2) six-tenths.\\n c. For purposes of this subdivision, the approved expenses\\nattributable to a lease by a charter school of a privately owned site\\nshall be the lesser of the actual rent paid under the lease or the\\nmaximum cost allowance established by the commissioner for leases\\naidable under subdivision six of this section.\\n d. Notwithstanding any provision of law to the contrary, amounts\\napportioned pursuant to this subdivision shall not be included in: (1)\\nthe allowable growth amount computed pursuant to paragraph dd of\\nsubdivision one of this section, (2) the preliminary growth amount\\ncomputed pursuant to paragraph ff of subdivision one of this section,\\nand (3) the allocable growth amount computed pursuant to paragraph gg of\\nsubdivision one of this section, and shall not be considered, and shall\\nnot be available for interchange with, general support for public\\nschools.\\n 7. Apportionment for pupil transportation. a. In addition to the\\nforegoing apportionment, there shall be apportioned to any school\\ndistrict for pupil transportation, the lesser of ninety per centum or\\nthe state share of its approved transportation expense for the base\\nyear. The state share shall equal the sum of the transportation sparsity\\nadjustment and the transportation aid ratio, but not less than six and\\none-half percent. The transportation aid ratio shall equal the greater\\nof (i) the product of one and two hundred sixty-three thousandths\\nmultiplied by the state sharing ratio, (ii) an aid ratio computed by\\nsubtracting from one and one hundredth the product computed to three\\ndecimals without rounding obtained by multiplying the resident weighted\\naverage daily attendance wealth ratio by forty-six percent, where such\\naid ratio shall be expressed as a decimal carried to three places\\nwithout rounding or (iii) excluding cities with a population of more\\nthan one million, an aid ratio computed by subtracting from one and one\\nhundredth the product computed to three decimal places without rounding\\nobtained by multiplying the number computed to three decimals without\\nrounding obtained when the quotient of actual valuation of a school\\ndistrict, as defined in paragraph c of subdivision one of this section,\\ndivided by the sum of the resident public school district enrollment,\\nthe resident nonpublic school district enrollment and the additional\\npublic school enrollment of the school district for the year prior to\\nthe base year is divided by the statewide average actual valuation per\\nthe sum of such total resident public school district enrollment,\\nnonpublic school district enrollment and additional public school\\nenrollment of all school districts eligible for an apportionment\\npursuant to this section except central high school districts as\\ncomputed by the commissioner using the latest single year actual\\nvaluation computed under paragraph c of subdivision one of this section,\\nby forty-six percent, where such ratio shall be expressed as a decimal\\ncarried to three decimal places without rounding. The computation of\\nsuch statewide average shall include the actual valuation of all school\\ndistricts eligible for an apportionment pursuant to this section except\\ncentral high school districts. The transportation sparsity adjustment\\nshall equal the quotient of: the positive remainder of twenty-one minus\\nthe district's public school enrollment for the year prior to the base\\nyear per square mile, divided by three hundred seventeen and\\neighty-eight hundredths. Approved transportation expense shall be the\\nsum of the approved transportation operating expense and the approved\\ntransportation capital, debt service and lease expense of the district.\\nApproved transportation expense shall not be aidable pursuant to section\\nnineteen hundred fifty of this chapter.\\n b. (1) For the purposes of this apportionment, approved transportation\\noperating expense shall be the actual expenditure incurred by a school\\ndistrict and approved by the commissioner (i) for those items of\\ntransportation operating expense allowable under subdivision one of\\nsection thirty-six hundred twenty-three-a of this article for regular\\naidable transportation of pupils as such terms are defined in sections\\nthirty-six hundred twenty-one and thirty-six hundred twenty-two-a of\\nthis article, and (ii) for those items of transportation operating\\nexpense allowable under subdivision one of section thirty-six hundred\\ntwenty-three-a of this article for the transportation required or\\nauthorized pursuant to article eighty-nine of this chapter, and (iii)\\nfor providing monitors on school buses for students with disabilities,\\nand (iv) for transportation operating expenses allowable under section\\nthirty-six hundred twenty-three-a of this article for the transportation\\nof homeless children authorized by paragraph c of subdivision four of\\nsection thirty-two hundred nine of this chapter, provided that the total\\napproved cost of such transportation shall not exceed the amount of the\\ntotal cost of the most cost-effective mode of transportation.\\n (2) Notwithstanding any inconsistent provisions of this article, in\\ncomputing the apportionment payable to a school district in a city with\\na population in excess of one million inhabitants pursuant to this\\nsubdivision, approved transportation expense for public service\\ntransportation shall not include any expenditures to the New York City\\nMetropolitan Transportation Authority for public service transportation\\nnor shall such expense be included in approved operating expense.\\n c. For the purposes of computing this apportionment for the two\\nthousand five--two thousand six school year and thereafter, approved\\ntransportation capital, debt service, and lease expense shall be the\\namount computed based upon an assumed amortization determined pursuant\\nto paragraph e of this subdivision for an expenditure incurred by a\\nschool district and approved by the commissioner for those items of\\ntransportation capital, debt service and lease expense allowable under\\nsubdivision two of section thirty-six hundred twenty-three-a of this\\narticle for: (i) the regular aidable transportation of pupils, as such\\nterms are defined in sections thirty-six hundred twenty-one and\\nthirty-six hundred twenty-two-a of this article, (ii) the transportation\\nof children with disabilities pursuant to article eighty-nine of this\\nchapter, and (iii) the transportation of homeless children pursuant to\\nparagraph c of subdivision four of section thirty-two hundred nine of\\nthis chapter, provided that the total approved cost of such\\ntransportation shall not exceed the amount of the total cost of the most\\ncost-effective mode of transportation. Approvable expenses for the\\npurchase of school buses shall be limited to the actual purchase price,\\nor the expense as if the bus were purchased under state contract,\\nwhichever is less. If the commissioner determines that no comparable bus\\nwas available under state contract at the time of purchase, the\\napprovable expenses shall be the actual purchase price or the state wide\\nmedian price of such bus in the most recent base year in which such\\nmedian price was established with an allowable year to year CPI increase\\nas defined in subdivision fourteen of section three hundred five of this\\nchapter; whichever is less. Such median shall be computed by the\\ncommissioner for the purposes of this subdivision.\\n d. In determining approved transportation operating expense for\\ndistrict-owned transportation and approved transportation capital, debt\\nservice and lease expense pursuant to paragraphs b, c and e of this\\nsubdivision and part two of this article, the commissioner shall make a\\ndeduction from the total transportation expense for the transportation\\nof nonallowable pupils, and for that portion of the total annual mileage\\nof district-owned school buses that is not aidable because it is not\\nincluded in the total annual allowable mileage as defined in section\\nthirty-six hundred twenty-one of this article, provided that such\\ncalculations shall be made pursuant to regulations of the commissioner,\\nand further provided that such regulations shall provide for an\\nexclusion of pupil miles for transportation provided on a\\nspace-available basis to pupils attending an approved universal\\nprekindergarten program pursuant to section thirty-six hundred two-e of\\nthis article that does not result in additional transportation costs.\\n e. In determining approved transportation capital, debt service and\\nlease expense for aid payable in the two thousand five--two thousand six\\nschool year and thereafter, the commissioner, after applying the\\nprovisions of paragraph c of this subdivision to such expense, shall\\nestablish an assumed amortization pursuant to this paragraph to\\ndetermine the approved capital, debt service and lease expense of the\\nschool district that is aidable in the current year, whether or not the\\nschool district issues debt for such expenditures, subject to any\\ndeduction pursuant to paragraph d of this subdivision. Such assumed\\namortization shall be for a period of five years and shall commence\\ntwelve months after the school district enters into a purchase contract,\\nlease of the school bus or equipment or a general contract for the\\nconstruction, reconstruction, lease or purchase of a transportation\\nstorage facility or site in an amount less than ten thousand dollars;\\nexcept that where expenses were incurred for the purchase or lease of a\\nschool bus or equipment or the construction, reconstruction, lease or\\npurchase of a transportation storage facility or site prior to July\\nfirst, two thousand five and debt service was still outstanding or the\\nlease was still in effect as of such date, the assumed amortization\\nshall commence as of July first, two thousand five and the period of the\\namortization shall be for a period equal to five years less the number\\nof years, rounded to the nearest year, elapsed from the date upon which\\nthe school district first entered into such purchase contract or general\\ncontract and July first, two thousand five, as determined by the\\ncommissioner, or the remaining term of the lease as of such date. Such\\nassumed amortization shall provide for equal semiannual payments of\\nprincipal and interest based on an assumed interest rate established by\\nthe commissioner pursuant to this paragraph. By the first day of\\nSeptember of the current year commencing with the two thousand five--two\\nthousand six school year, each school district shall provide to the\\ncommissioner in a format prescribed by the commissioner such information\\nas the commissioner shall require for all capital debt incurred by such\\nschool district during the preceding school year for expenses allowable\\npursuant to subdivision two of section thirty-six hundred twenty-three-a\\nof this article. Based on such reported amortizations and a methodology\\nprescribed by the commissioner in regulations, the commissioner shall\\ncompute an assumed interest rate that shall equal the average of the\\ninterest rates applied to all such debt issued during the preceding\\nschool year. The assumed interest rate shall be the interest rate of\\neach such school district applicable to the current year for the\\npurposes of this paragraph and shall be expressed as a decimal to five\\nplaces rounded to the nearest eighth of one-one hundredth.\\n 8. a. Program approval requirements. Any school district receiving an\\nadditional apportionment pursuant to subdivision ten of this section for\\npupils in career education programs or a payment in lieu of such\\napportionment or having a public excess cost aid setaside pursuant to\\nsubdivision four of this section shall use the total funds attributable\\nto such pupils for locally administered programs for such pupils in\\naccordance with regulations issued by the commissioner. Such regulations\\nshall provide for the use of such funds in the manner determined by the\\ncommissioner to be the most educationally advantageous for such pupils.\\nThe commissioner shall require the submission of such reports as are\\nnecessary to assure accountability for the use of such funds. A district\\nwhich spends any part of its total annual apportionment attributable to\\nsuch pupils in an unauthorized manner in the base year shall have its\\ncurrent year apportionment reduced by the amount of such unauthorized\\nexpenditures in the base year.\\n b. District plans of service. Any school district receiving an\\nadditional apportionment pursuant to subdivision ten of this section for\\npupils in career education programs or a payment in lieu of such\\napportionment or having a public excess cost aid setaside pursuant to\\nsubdivision four of this section shall keep on file and make available\\nfor public inspection and review by the commissioner an acceptable plan\\nof service describing the student outcomes expected from implementation\\nof the proposed plan, provided that such plan may be incorporated into a\\nschool district's district-wide comprehensive plan. The plan of service\\nof a school district receiving an additional apportionment pursuant to\\nthis section for pupils with disabilities shall also describe how such\\ndistrict intends to ensure that all instructional materials to be used\\nin the schools of such district will be made available in a usable\\nalternative format for each student with a disability and for each\\nstudent who is a qualified individual with a disability, at the same\\ntime as such instructional materials are available to non-disabled\\nstudents, provided that such plan may incorporate by reference the\\nalternative format plans developed pursuant to subdivision twenty-nine-a\\nof section sixteen hundred four, subdivision four-a of section seventeen\\nhundred nine, subdivision seven-a of section twenty-five hundred three\\nor subdivision seven-a of section twenty-five hundred fifty-four of this\\nchapter. Such plans shall be in a form prescribed by the commissioner,\\nand except as heretofore provided, shall have the content prescribed by\\nthe commissioner. The commissioner may, from time to time, require\\namendments of such plans as deemed to be necessary and appropriate to\\nfurther the educational welfare of the pupils involved.\\n 9. Aid for conversion to full day kindergarten. School districts may\\nmake available full day kindergarten programs for all children wishing\\nto attend such programs.\\n a. For aid payable in the two thousand seven--two thousand eight\\nschool year and thereafter, school districts which provided any half-day\\nkindergarten programs or had no kindergarten programs in the nineteen\\nhundred ninety-six--ninety-seven school year and in the base year, and\\nwhich have not received an apportionment pursuant to this paragraph in\\nany prior school year, shall be eligible for aid equal to the product of\\nthe district's selected foundation aid calculated pursuant to\\nsubdivision four of this section multiplied by the positive difference\\nresulting when the full day kindergarten enrollment of children\\nattending programs in the district in the base year is subtracted from\\nsuch enrollment in the current year.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\nschool districts that have received an apportionment pursuant to this\\nsubdivision in a prior school year shall be eligible for an\\napportionment where the department grants a waiver upon cause\\nsatisfactory to the department, including but not limited to,\\nsatisfactory demonstration of significant economic hardship that would\\nimpact the school district's ability to provide full day kindergarten\\nfor all children wishing to attend such programs. No school district may\\nbe granted such a waiver more than once.\\n 10. Special services aid for large city school districts and other\\nschool districts which were not components of a board of cooperative\\neducational services in the base year. a. The city school districts of\\nthose cities having populations in excess of one hundred twenty-five\\nthousand and any other school district which was not a component of a\\nboard of cooperative educational services in the base year shall be\\nentitled to an apportionment under the provisions of this section.\\n b. Aid for career education. There shall be apportioned to such city\\nschool districts and other school districts which were not components of\\na board of cooperative educational services in the base year for pupils\\nin grades ten through twelve in attendance in career education programs\\nas such programs are defined by the commissioner, subject for the\\npurposes of this paragraph to the approval of the director of the\\nbudget, an amount for each such pupil to be computed by multiplying the\\ncareer education aid ratio by three thousand nine hundred dollars. Such\\naid will be payable for weighted pupils attending career education\\nprograms operated by the school district and for weighted pupils for\\nwhom such school district contracts with boards of cooperative\\neducational services to attend career education programs operated by a\\nboard of cooperative educational services. Weighted pupils for the\\npurposes of this paragraph shall mean the sum of the attendance of\\nstudents in grades ten through twelve in career education sequences in\\ntrade, industrial, technical, agricultural or health programs plus the\\nproduct of sixteen hundredths multiplied by the attendance of students\\nin grades ten through twelve in career education sequences in business\\nand marketing as defined by the commissioner in regulations. The career\\neducation aid ratio shall be computed by subtracting from one the\\nproduct obtained by multiplying fifty-nine percent by the combined\\nwealth ratio. This aid ratio shall be expressed as a decimal carried to\\nthree places without rounding, but not less than thirty-six percent.\\n Any school district that receives aid pursuant to this paragraph shall\\nbe required to use such amount to support career education programs in\\nthe current year.\\n A board of education which spends less than its local funds as defined\\nby regulations of the commissioner for career education in the base year\\nduring the current year shall have its apportionment under this\\nsubdivision reduced in an amount equal to such deficiency in the current\\nor a succeeding school year, provided however that the commissioner may\\nwaive such reduction upon determination that overall expenditures per\\npupil in support of career education programs were continued at a level\\nequal to or greater than the level of such overall expenditures per\\npupil in the preceding school year.\\n c. Computer administration aid for large city school districts and any\\nother school district which was not a component of a board of\\ncooperative educational services in the base year. The city school\\ndistricts of those cities having populations in excess of one hundred\\ntwenty-five thousand inhabitants and any other school district which was\\nnot a component of a board of cooperative educational services in the\\nbase year shall be eligible for an apportionment in accordance with the\\nprovisions of this subdivision. Such districts shall be entitled to an\\nadditional apportionment computed by multiplying the lesser of (1)\\nexpenses for approved computer services in the base year or (2) the\\nmaximum allowable expense equal to the product of sixty-two dollars and\\nthirty cents and the enrollment of pupils attending the public schools\\nof such district in the base year, by the computer expenses aid ratio.\\nThe computer expenses aid ratio shall be computed by subtracting from\\none the product obtained by multiplying fifty-one per centum by the\\ncombined wealth ratio. This aid ratio shall be expressed as a decimal\\ncarried to three places without rounding, but shall not be less than\\nthirty per centum. Expenses for approved computer services in the base\\nyear up to the maximum allowable expense shall not be used to claim aid\\npursuant to any other provisions of this section.\\n d. Aid for academic improvement. There shall be apportioned to such\\ncity school districts and other school districts which were not\\ncomponents of a board of cooperative educational services in the base\\nyear, an amount per pupil for each pupil eligible for aid pursuant to\\nparagraph b of this subdivision to be computed by multiplying the career\\neducation aid ratio computed pursuant to such paragraph b of this\\nsubdivision by the sum of (1) one hundred dollars plus (2) the quotient\\nof one thousand dollars divided by the lesser of one or the combined\\nwealth ratio. Aid for academic improvement shall be unrestricted general\\naid available to support any academic programs of the school district.\\n 11. Employment Preparation Education Programs. a. School districts and\\nboards of cooperative educational services (BOCES) providing approved\\nprograms shall be eligible for aid in accordance with the provisions of\\nthis subdivision for the attendance of persons twenty-one years of age\\nor over who have not received a high school diploma or a high school\\nequivalency diploma recognized by New York State who attend employment\\npreparation education programs provided by such school districts or\\nBOCES, which programs lead to a high school diploma or high school\\nequivalency diploma as defined in regulations of the commissioner, even\\nif such persons attend regular day school classes with permission of the\\nboard of education; provided that such programs are provided in\\naccordance with a plan of service approved by the commissioner in\\naccordance with the provisions of paragraph f of this subdivision. Such\\nprograms may operate between July first and June thirtieth of a school\\nyear. Whenever a person enrolls in a program approved pursuant to this\\nsubdivision offered by a BOCES or in a school district other than their\\ndistrict of residence, the program provider shall send a notice of such\\nenrollment to the persons district of residence, and shall issue a new\\nnotice if such person moves from one district to another. In the event\\nthat the cost of a program approved and provided in accordance with the\\nprovisions of this subdivision exceeds all sources of funds, other than\\ntax levy revenues, which are available to defray such expenses, the\\nschool district or BOCES providing such program shall determine an\\nexcess cost per contact hour provided during the base year, and then\\nshall determine the local share of such excess costs for each school\\ndistrict whose residents were served by such program by multiplying such\\nbase year hours by the excess cost per contact hour, and such local\\nshare shall be a charge against each such district, payable within\\nforty-five days. Notwithstanding the provisions of section nineteen\\nhundred fifty of this chapter, a BOCES shall be authorized to provide a\\nprogram pursuant to this subdivision in the same manner as a school\\ndistrict.\\n a-1. Notwithstanding the provisions of paragraph a of this\\nsubdivision, for aid payable in the school years two thousand--two\\nthousand one through two thousand nine--two thousand ten, and two\\nthousand eleven--two thousand twelve through two thousand fourteen--two\\nthousand fifteen, the commissioner may set aside an amount not to exceed\\ntwo million five hundred thousand dollars from the funds appropriated\\nfor purposes of this subdivision for the purpose of serving persons\\ntwenty-one years of age or older who have not been enrolled in any\\nschool for the preceding school year, including persons who have\\nreceived a high school diploma or high school equivalency diploma but\\nfail to demonstrate basic educational competencies as defined in\\nregulation by the commissioner, when measured by accepted standardized\\ntests, and who shall be eligible to attend employment preparation\\neducation programs operated pursuant to this subdivision.\\n b. Employment preparation education hours. For the purpose of\\ncomputing an apportionment under the provisions of this subdivision, the\\nemployment preparation education hours shall be the total hours of\\ninstruction given by a teacher to all students enrolled in such approved\\nprograms between July first and June thirtieth of the current year. For\\nnontraditional modes of instruction, the commissioner may establish\\nmethods of determining contact hours of instruction to be counted for\\nstate aid purposes in accordance with regulations adopted for such\\npurpose.\\n c. Employment preparation education aid ceiling. The employment\\npreparation education aid ceiling for the purposes of this subdivision\\nshall be the statewide average expense per pupil, as computed pursuant\\nto subdivision five of this section for aid payable in the current year,\\ndivided by one thousand. Such result shall be computed to two decimals\\nwithout rounding.\\n d. Employment preparation education aid ratio. The employment\\npreparation education aid ratio for the purposes of this subdivision\\nshall be determined by subtracting from one the product of the pupil\\nwealth ratio and forty per centum. The aid ratio shall be expressed as a\\ndecimal to three places without rounding but shall not be less than\\nforty per centum. In the case of a BOCES, such aid ratio shall be\\ndetermined by computing a pupil wealth ratio for the BOCES using the\\naggregate actual valuation and total wealth pupil units for all\\ncomponent districts of such BOCES, but shall not be less than the\\ngreater of forty per centum or the product of eighty-five per centum and\\nthe highest such aid ratio determined for a component school district of\\nsuch BOCES.\\n e. Employment preparation education apportionment. In addition to any\\nother aid payable under this section, the apportionment pursuant to this\\nsubdivision shall be the product obtained when the employment\\npreparation education hours are multiplied by the aid per contact hour\\nwhich shall equal the product of the employment preparation program aid\\nceiling and the employment preparation education aid ratio computed to\\ntwo decimals, rounded, as calculated based on data on file with the\\ncommissioner on May fifteenth of the base year. Notwithstanding the\\nprovisions of section thirty-six hundred nine-a of this part, the\\npayment of such apportionment shall be based upon reports required by\\nthe commissioner for the periods ending December thirty-first, and June\\nthirtieth of each school year; payments for the first reporting period\\nshall be made after April first, based on claims on file by March first,\\nprovided that the total of all such payments shall not exceed\\ntwenty-five percent of the amount for such school year, with the\\napproved amount of such claims reduced on a pro rata basis if necessary;\\nthe remainder of any payments due for the first period plus any payments\\ndue for the rest of the school year shall be paid after October first,\\nbased on claims on file by September fifteenth, provided that the total\\nof such payments shall not exceed the total amount of ninety-six million\\ndollars ($96,000,000) for such school year, with the approved amount of\\nsuch claims reduced on a pro rata basis if necessary, provided that the\\ntotal of such payment for services provided to persons who received a\\nhigh school diploma or a high school equivalency diploma recognized by\\nNew York state shall not exceed the total amount set aside for such\\npurpose pursuant to paragraph a-one of this subdivision in any such\\nschool year, with the approved amount of such claims reduced on a pro\\nrata basis if necessary; and aid paid pursuant to this paragraph shall\\nnot be included in the computation of the district expenditure need as\\ndefined in such section thirty-six hundred nine-a of this part. The\\nemployment preparation education apportionment for the city school\\ndistrict of the city of New York shall be computed only for the city as\\na whole.\\n f. Approved application. All school districts and BOCES desiring to\\noperate an aidable program pursuant to this subdivision shall complete\\nan application, including a budget by program component. Such\\napplication shall be in a form prescribed by the commissioner and shall\\nbe submitted not later than May fifteenth of each school year. Within\\nforty-five days of such deadline, and upon evaluation of such\\napplications, the commissioner shall notify school districts and BOCES\\nof those portions of such application that will be aidable in the school\\nyear ahead after making a determination that approval of such\\napplication will assure maximum effectiveness, geographic availability\\nand lack of duplication of such programs, support for educational\\ninitiatives, and compliance with required program and fiscal reporting\\nrequirements. No aid shall be payable pursuant to this subdivision\\nunless the application is approved by the commissioner.\\n g. No school district may receive under the provisions of this\\nsubdivision an amount which when added to all other state and federal\\naid received by such school district for the purposes of this\\nsubdivision, including tuition paid to the school district for such\\nprogram, exceeds the entire cost of such program in that year.\\nNotwithstanding any other provision of this section to the contrary, in\\nthe event that the total revenue received exceeds the entire cost of\\nsuch program, any state aid payable to the district in the following\\nyear shall be reduced in the amount of such excess.\\n h. Attendance of students in such approved programs shall not be\\nincluded in any other attendance counts of this section and shall not\\ngenerate aid under any other provision of this section or under section\\nnineteen hundred fifty of this chapter.\\n 12. Academic enhancement aid. A school district that as of April first\\nof the base year has been continuously identified as a district in need\\nof improvement for at least five years shall, for the two thousand\\neight--two thousand nine school year, be entitled to an additional\\napportionment equal to the positive remainder, if any, of (a) the lesser\\nof fifteen million dollars or the product of the total foundation aid\\nbase, as defined by paragraph j of subdivision one of this section,\\nmultiplied by ten percent (0.10), less (b) the positive remainder of (i)\\nthe sum of the total foundation aid apportioned pursuant to subdivision\\nfour of this section and the supplemental educational improvement grants\\napportioned pursuant to subdivision eight of section thirty-six hundred\\nforty-one of this article, less (ii) the total foundation aid base.\\n For the two thousand nine--two thousand ten through two thousand\\nfourteen--two thousand fifteen school years, each school district shall\\nbe entitled to an apportionment equal to the amount set forth for such\\nschool district as \"EDUCATION GRANTS, ACADEMIC EN\" under the heading\\n\"2008-09 BASE YEAR AIDS\" in the school aid computer listing produced by\\nthe commissioner in support of the budget for the two thousand nine--two\\nthousand ten school year and entitled \"SA0910\", and such apportionment\\nshall be deemed to satisfy the state obligation to provide an\\napportionment pursuant to subdivision eight of section thirty-six\\nhundred forty-one of this article.\\n 13. Youth incarcerated in county correctional facilities\\napportionment. a. In addition to any other apportionment under this\\nsection, a school district shall be eligible for an apportionment for\\ncurrent year educational services provided between July first and June\\nthirtieth to youth incarcerated in correctional facilities maintained by\\na county or the city of New York or in a youth shelter, as defined in\\nparagraph f of subdivision seven of section thirty-two hundred two of\\nthis chapter, pursuant to subdivision seven of section thirty-two\\nhundred two of this chapter. Such apportionment shall not exceed the sum\\nof the following: (i) for programs which operate between September\\nfirst and June thirtieth, the product of the district's expense per\\npupil and the number of pupils in full-time equivalent attendance as\\ndefined in regulations of the commissioner multiplied by one hundred\\ntwenty-five per centum plus (ii) for programs which operate between July\\nfirst and June thirtieth, the product of the district's expense per\\npupil and the number of pupils in full-time equivalent attendance,\\nmultiplied by one hundred fifty per centum. Such apportionment shall be\\nin accordance with regulations promulgated by the commissioner and\\napproved by the director of the budget and shall be the lesser of the\\namount computed pursuant to this paragraph or the actual amount expended\\nby the district for such approved educational services and approved\\nadministrative costs as reported to the commissioner provided, however,\\nthat the minimum allocation in any school year for a school district\\nproviding educational services to such children shall be fifteen\\nthousand dollars. The educational costs for these children shall not be\\notherwise aidable or reimbursable under any provision of law; provided,\\nhowever, that a city school district which operates an academy or an\\nalternative high school at such a facility, may elect to receive\\napplicable aid pursuant to other provisions of this section in lieu of\\nany aid under this subdivision.\\n b. Notwithstanding the provisions of section thirty-six hundred nine-a\\nof this part, the payment of such apportionment shall be based on\\nreports required by the commissioner for the periods ending November\\nthirtieth, March thirty-first and June thirtieth of each school year.\\nFor the city school district of the city of New York, computations made\\npursuant to this subdivision shall be computed on a city-wide basis.\\n d. The commissioner shall adopt regulations to implement the\\nprovisions of this subdivision.\\n 14. Limitations on the apportionment. The apportionment to any school\\ndistrict during any school year shall be subject to the following\\nprovisions:\\n a. District subject to reorganization. (1) No apportionments pursuant\\nto subdivision six of this section shall be paid to any school district\\nwhich is scheduled for reorganization pursuant to the state plan for\\nschool district reorganization, unless there shall have been compliance\\nwith this paragraph.\\n (2) In order to obtain an apportionment under subdivision six of this\\nsection for a district scheduled for reorganization and not reorganized,\\nsuch district shall file with the commissioner a formal written\\napplication therefor, (a) showing (i) inadequacy or obsolescence of\\npresent facilities, and (ii) that such construction for which such\\napportionment is sought would be capable of substantial educational use\\nby the reorganized district in case the reorganization under the\\nexisting plan of reorganization is effected, and that it will provide\\nmore efficient and more economical educational facilities for such\\nreorganized district in the best educational interests of the children\\nin the reorganized school district or (b) showing that such district has\\nadopted a resolution or resolutions in accordance with sections eighteen\\nhundred one through eighteen hundred three of this chapter in favor of\\nsuch reorganization and is being prevented from reorganizing by the\\naction of another district which is part of the same plan of\\nreorganization. The commissioner shall within ninety days grant such\\napportionment or deny such apportionment with leave to the district to\\npetition for a formal hearing. Such hearing shall be held pursuant to\\nthe procedures provided in subdivision three of section three hundred\\nfourteen of this chapter.\\n (3) (a) Within sixty days after such hearing is concluded and all\\npapers in relation thereto are submitted, the commissioner shall render\\na preliminary finding recommending whether a change is warranted,\\nsetting forth his findings and conclusions which shall be based\\nexclusively on the evidence presented at the hearing. The commissioner\\nshall recommend the amendment or confirmation of the state plan in\\naccordance with his preliminary finding by a report made by him and\\nentered in his office. The commissioner shall serve a copy of such\\npreliminary finding upon the clerk or in the event that there is no\\nclerk, the trustee or trustees of the school districts located in the\\naffected area or areas. In the event that such districts do not agree\\nwith such preliminary findings, the school districts affected by the\\nterms of such preliminary finding may within thirty days apply to the\\nchancellor of the board of regents for the appointment of a committee of\\nthe regents to review the proposed amendment or confirmation of the\\nstate plan. In the event that an application to the chancellor is not\\nmade within thirty days for the appointment of a committee of the\\nregents, the preliminary finding shall become an order without further\\naction of the commissioner.\\n (b) Upon receipt of such application, the chancellor shall appoint a\\ncommittee of three members of the regents, one of whom shall be a regent\\nwhose judicial district includes all or part of the areas affected. The\\ncommittee of regents shall review the proposed amendment or confirmation\\nof the state plan. In the event the committee is unable to resolve the\\ndifferences between the commissioner and such school districts, it shall\\nwithin sixty days from the date of the appointment of such committee,\\nmake an order reversing, affirming, or modifying, wholly or in part,\\nsuch preliminary finding of the commissioner and amending or confirming\\nthe state plan setting forth the committee's findings and conclusions\\nwhich shall be based exclusively on the evidence presented at the\\ncommissioner's hearing and any additional evidence presented at the\\ncommittee's review. The committee shall have the discretion to permit\\nadditional evidence to be presented by any party. The commissioner shall\\nserve a copy of such order upon the clerk or in the event there is no\\nclerk, the trustee or trustees of the school districts located in the\\naffected area or areas.\\n (c) Such order of the committee of the regents shall be binding and\\nfinal and subject to review pursuant to article seventy-eight of the\\ncivil practice law and rules. The scope of review shall include the\\nquestion whether the determination is on the entire record supported by\\nsubstantial evidence.\\n (d) The commissioner shall establish and promulgate rules of practice\\nand procedures in connection with such hearings, shall provide for the\\nattendance of the hearing officer, regulate the course of the hearing,\\nfix the time for filing of briefs and other documents, provide a hearing\\nstenographer and for the making of a record as well as the making of a\\nfull transcript of all proceedings at the hearing and shall at the\\nrequest of any party, school district or interested person have prepared\\nand furnish a copy of the transcript or any party thereof upon payment\\nof the costs therefor.\\n (e) School districts designated in the established plan by an order of\\nthe committee of the regents shall be made parties by the petitioning\\ndistrict. Districts which may be affected by the proposed change may\\njoin or be joined in such proceeding by the commissioner or any party.\\n (4) Notwithstanding the provisions of subparagraphs one through three\\nof this paragraph, any such district which has qualified for an\\napportionment for school building purposes, under laws in effect prior\\nto the date this act takes effect, shall receive an apportionment under\\nsubdivision six of this section; and provided, further, that no new\\napportionment shall be paid and the commissioner shall not approve any\\nnew expenditures for school building purposes in any such district after\\nsuch date, except where the commissioner has made a determination as\\nherein provided.\\n (5) Nothing herein provided shall prevent a school district which has\\nheretofore been denied an apportionment subsequent to July first,\\nnineteen hundred sixty-two from making an application hereunder, except\\nthat any such apportionment which may be granted shall not be\\nretroactive beyond July first, nineteen hundred sixty-two.\\n c. Incentive building aid for reorganized districts. (1)\\nNotwithstanding the provisions of this section, whenever two or more\\nschool districts are scheduled for reorganization pursuant to section\\nthree hundred fourteen of this chapter and whenever after July first,\\nnineteen hundred sixty-five all such school districts so scheduled do\\nreorganize, and\\n (i) whenever such proposed reorganization includes at least two school\\ndistricts, each of which maintains its own high school, or\\n (ii) where such proposed reorganization includes only one school\\ndistrict maintaining its own high school, whenever in such case such\\nproposed reorganization, in addition to such school district maintaining\\nits own high school, includes at least nine other school districts, or\\n (iii) whenever such proposed reorganization includes at least two\\ncentral school districts, or\\n (iv) where such proposed reorganization includes at least one school\\ndistrict maintaining its own high school and, in addition thereto,\\nincludes at least one school district employing eight or more teachers,\\nor\\n (v) where such proposed reorganization includes a city school\\ndistrict, and in addition thereto, includes at least seven other school\\ndistricts, or\\n (vi) where such proposed reorganization includes at least two school\\ndistricts employing eight or more teachers forming a central high school\\ndistrict pursuant to section nineteen hundred thirteen of this chapter,\\nbeginning with July first, nineteen hundred sixty-five or the first\\nschool year of operation as a reorganized district after such date, such\\nreorganized school district shall be entitled to an additional\\napportionment of twenty-five per centum of the sum of: (A) its\\napportionment as provided in subdivision six of this section whenever\\nsuch apportionment is computed on the basis of its approved base year\\nexpenditures for capital outlay from its general, capital, or a reserve\\nfund incurred prior to July first, two thousand one, or on the basis of\\nits approved base year expenditures for capital outlay from its general,\\ncapital or a reserve fund incurred in the two thousand one--two thousand\\ntwo school year and computed pursuant to subdivision six of this section\\nas if such expenditures were aidable under such subdivision, and current\\nyear approved expenditures for debt service for school building purposes\\nand (B) its apportionment as provided in subdivision six of this\\nsection, the general contracts for which shall have been awarded on or\\nafter the date this act takes effect and prior to July first, two\\nthousand ten, or prior to July first, two thousand twelve where such\\ngeneral contracts are for projects with complete final plans and\\nspecifications filed for approval with the commissioner prior to July\\nfirst, two thousand ten, or within ten years from the effective date of\\nreorganization, whichever is later as provided in subdivision six of\\nthis section, and which said sum shall be payable for and during the\\nterms of any indebtedness created for the purpose of financing such\\nconstruction or other facility as aforesaid, provided however, that in\\nno event may the total apportionment under this paragraph, under\\nsubdivision twelve of section thirty-six hundred forty-one of this\\narticle, and under subdivisions six and six-f of this section for any\\nproject exceed the product of (1) ninety-eight percent for a high need\\nschool district, as defined pursuant to guidelines of the commissioner\\nfor the two thousand five--two thousand six school year, for all school\\nbuilding projects approved by the voters of the school district or by\\nthe board of education of a city school district in a city with more\\nthan one hundred twenty-five thousand inhabitants, and/or the chancellor\\nin a city school district in a city having a population of one million\\nor more, on or after July first, two thousand five, or ninety-five per\\ncent for any other school building project or school district,\\nmultiplied by (2) the sum of the base year approved expenditures for\\ncapital outlay for school building purposes from the general fund,\\ncapital fund or from a reserve fund, and current year approved\\nexpenditures for debt service for such purposes for such project.\\n (2) Notwithstanding any provisions of this paragraph and paragraph d\\nof this subdivision to the contrary, the commissioner is hereby\\nauthorized, in addition to any other state aid apportionments to which\\nsuch district may be entitled under the provisions of this chapter, to\\nmake the additional reorganization incentive aid payments provided by\\nsuch paragraphs, in the amounts, and in the manner provided therein, to\\ncentral school district number one of the towns of Brookhaven and\\nSmithtown, Suffolk county, as if such newly reorganized district were\\nincluded in the various categories of reorganization referred to in such\\nparagraphs.\\n (4) In the event a school district is eligible for incentive building\\naid and again reorganizes pursuant to a new plan of reorganization\\nestablished by the commissioner, and where such new reorganization shall\\nagain become eligible for incentive building aid, no project of such\\ndistrict shall be entitled to more than one such additional twenty-five\\npercent apportionment. The latest date provided in this paragraph for\\nthe awarding of general contracts shall also apply to any school\\ndistrict subject to chapter five hundred eighty-eight of the laws of\\nnineteen hundred sixty-six as amended, notwithstanding such date\\nprovided in such chapter.\\n d. Incentive operating aid for reorganized districts. Notwithstanding\\nthe provisions of paragraphs a through c of this subdivision, whenever\\ntwo or more school districts are scheduled for reorganization pursuant\\nto section three hundred fourteen of this chapter, and whenever after\\nJuly first, two thousand seven, all such school districts so scheduled\\ndo reorganize in accordance with the provisions of such section three\\nhundred fourteen, as amended by chapter seven hundred forty-five of the\\nlaws of nineteen hundred sixty-five, and\\n (1) whenever such proposed reorganization includes at least two school\\ndistricts, each of which maintains its own high school, or\\n (2) where such proposed reorganization includes only one school\\ndistrict maintaining its own high school, whenever in such case such\\nproposed reorganization, in addition to such school district maintaining\\nits own high school, includes at least nine other school districts, or\\n (3) whenever such proposed reorganization includes at least two\\ncentral school districts, or\\n (4) where such proposed reorganization includes at least one school\\ndistrict maintaining its own high school and, in addition thereto,\\nincludes at least one school district employing eight or more teachers,\\nor\\n (5) where such proposed reorganization includes a city school\\ndistrict, and in addition thereto, includes at least seven other school\\ndistricts, or\\n (6) where such reorganization includes at least two school districts\\nemploying eight or more teachers forming a central high school district\\npursuant to section nineteen hundred thirteen of this chapter, such\\nreorganized district shall be entitled to an apportionment equal to an\\nadditional percent of the apportionment computed in accordance with the\\nprovisions of paragraph d-1 of this subdivision; but in no case shall\\nthe sum of such apportionment under this paragraph plus the selected\\noperating aid per pupil be more than a total of ninety-five per centum\\nof the year prior to the base year approved operating expense; for a\\nperiod of five years beginning with the first school year of operation\\nas a reorganized district such additional percent shall be forty\\npercent; and thereafter such additional forty percent apportionment to\\nsuch district shall be reduced by four percentage points each year,\\nbeginning with the sixth school year of operation as a reorganized\\ndistrict, and continuing until such additional forty percent\\napportionment is eliminated; provided, however, that the total\\napportionment to such reorganized district, beginning with the first\\nschool year of operation as a reorganized district, and for a period of\\nfifteen years thereafter, shall be not less than the sum of all\\napportionments computed in accordance with the provisions of this\\nparagraph plus the apportionment computed in accordance with the\\nprovisions of paragraph d-1 of this subdivision that each component\\nschool district was entitled to receive and did receive during the last\\nschool year preceding such first year of operation. In the event a\\nschool district is eligible for incentive operating aid and again\\nreorganizes pursuant to a new plan or reorganization established by the\\ncommissioner, and where such new reorganization is again eligible for\\nincentive operating aid, the newly created school district shall be\\nentitled to receive incentive operating aid pursuant to the provisions\\nof this paragraph, based on all school districts included in any such\\nreorganization, provided, however, that incentive operating aid payments\\ndue because of any such former reorganization shall cease.\\n d-1. For purposes of paragraph d of this subdivision, \"selected\\noperating aid per pupil\" shall mean the apportionment computed for the\\n2006-07 school year, based on data on file with the commissioner as of\\nthe date upon which an electronic data file was created for the purposes\\nof compliance with paragraph b of subdivision twenty-one of section\\nthree hundred five of this chapter on February fifteenth, as: the\\nproduct of (i) the state sharing ratio calculated pursuant to paragraph\\ng of subdivision three of this section and (ii) the sum of $3,900 and\\nthe product of (a) the lesser of $8,000 or the expense per pupil as\\ndefined in subdivision one of this section minus $3,900 and (b) the\\ngreater of the quotient, computed to four decimals without rounding, of\\n..075 divided by the school district combined wealth ratio calculated\\npursuant to paragraph c of subdivision three of this section or 7.5\\npercent, but not less than $400, and the selected apportionment shall\\nmean the product of the district's total aidable pupil units calculated\\npursuant to subdivision two of this section and the selected operating\\naid per pupil as calculated pursuant to the provisions contained herein.\\n f. For school districts which reorganize on or after July first,\\nnineteen hundred eighty-three, the percent increase in apportionment\\npursuant to paragraph c of this subdivision shall be thirty provided\\nthat such school districts meet all other requirements of the provisions\\nof such paragraph c. All other requirements of paragraph c shall apply.\\nSchool districts which receive an apportionment under this paragraph\\nshall not be eligible for an apportionment under paragraph c or e of\\nthis subdivision.\\n g. Whenever a school district is dissolved and portions of such former\\ndistrict are added to more than one school district, each such school\\ndistrict to which territory is added shall in the first year only in\\nwhich such district educates pupils from such former district be\\nentitled to an additional apportionment under the provisions of this\\nparagraph, which apportionment shall be computed in accordance with\\nregulations of the commissioner under one of the following\\nsubparagraphs:\\n (1) the pupils received by each such district as a result of receiving\\nsuch new territory shall be added to all of the pupil counts used to\\ncompute operating aid for such district, or\\n (2) if such receiving district is receiving aid under an option other\\nthan formula aid for such year, the additional aid shall be computed by\\ndividing the operating aids base for such year by the pupil count used\\nfor computing formula operating aid such district might otherwise have\\nreceived, and by multiplying such result by the number of additional\\npupils received from such dissolved district who are then residents of\\nsuch receiving district.\\n j. For school districts which reorganize on or after July first,\\nnineteen hundred ninety-two, the percent increase in apportionment\\npursuant to paragraph c of this subdivision shall be thirty provided\\nthat such school districts meet all other requirements of the provisions\\nof such paragraph c. All other requirements of paragraph c shall apply.\\nSchool districts which receive an apportionment under this paragraph\\nshall not be eligible for an apportionment under paragraph c, e or f of\\nthis subdivision.\\n 15. Voluntary interdistrict urban-suburban transfer program aid. a. A\\nschool district which accepts pupils from another school district in\\naccordance with a voluntary interdistrict urban-suburban transfer\\nprogram designed to reduce racial isolation which is approved by the\\ncommissioner in accordance with regulations adopted by him for such\\npurpose shall be eligible for aid pursuant to this subdivision.\\n b. Definitions. (1) \"Transfer pupil count\" shall mean the public\\nschool district enrollment in the current year through such program.\\n (2) \"Increase in aid\" shall mean the product of thirty-six and\\none-half percent (0.365) and the positive remainder resulting when the\\ntotal foundation aid base is subtracted from the current year total\\nfoundation aid as defined in subdivision four of this section.\\n (3) \"Aid paid per pupil\" shall mean the aid computed in the current\\nyear pursuant to subdivision four of this section divided by the total\\naidable foundation pupil units for total foundation aid, computed\\npursuant to paragraph g of subdivision two of this section.\\n (4) \"Formula pupil margin\" shall mean the increase in aid divided by\\naid paid per pupil.\\n (5) \"Excess transfer pupils\" shall mean the positive remainder\\nresulting when the formula pupil margin is subtracted from the transfer\\npupil count.\\n (6) \"Per pupil aid differential\" shall mean the positive remainder\\nresulting when the aid paid per pupil for such school district is\\nsubtracted from the aid paid per pupil for the transfer pupil's district\\nof residence.\\n c. In addition to any other aid computed under this section, such\\nschool district shall be eligible to receive, for each excess transfer\\npupil, an amount equal to the selected foundation aid for such district\\ncomputed pursuant to subdivision four of this section.\\n d. For the purposes of computing transportation aid pursuant to\\nsubdivision seven of this section, the approved cost of the\\ntransportation of pupils in a voluntary interdistrict transfer program\\napproved by the commissioner shall be used in computing approved\\ntransportation expense.\\n e. In addition to any other aid computed under this section, such\\nschool district shall be eligible to receive an amount equal to the per\\npupil aid differential multiplied by the transfer pupil count.\\n 16. High tax aid. Each school district shall be eligible to receive a\\nhigh tax aid apportionment in the two thousand eight--two thousand nine\\nschool year, which shall equal the greater of (i) the sum of the tier 1\\nhigh tax aid apportionment, the tier 2 high tax aid apportionment and\\nthe tier 3 high tax aid apportionment or (ii) the product of the\\napportionment received by the school district pursuant to this\\nsubdivision in the two thousand seven--two thousand eight school year,\\nmultiplied by the due-minimum factor, which shall equal, for districts\\nwith an alternate pupil wealth ratio computed pursuant to paragraph b of\\nsubdivision three of this section that is less than two, seventy percent\\n(0.70), and for all other districts, fifty percent (0.50). Each school\\ndistrict shall be eligible to receive a high tax aid apportionment in\\nthe two thousand nine--two thousand ten through two thousand twelve--two\\nthousand thirteen school years in the amount set forth for such school\\ndistrict as \"HIGH TAX AID\" under the heading \"2008-09 BASE YEAR AIDS\" in\\nthe school aid computer listing produced by the commissioner in support\\nof the budget for the two thousand nine--two thousand ten school year\\nand entitled \"SA0910\". Each school district shall be eligible to\\nreceive a high tax aid apportionment in the two thousand thirteen--two\\nthousand fourteen school year and the two thousand fourteen--two\\nthousand fifteen school year equal to the greater of (1) the amount set\\nforth for such school district as \"HIGH TAX AID\" under the heading\\n\"2008-09 BASE YEAR AIDS\" in the school aid computer listing produced by\\nthe commissioner in support of the budget for the two thousand nine--two\\nthousand ten school year and entitled \"SA0910\" or (2) the amount set\\nforth for such school district as \"HIGH TAX AID\" under the heading\\n\"2013-14 ESTIMATED AIDS\" in the school aid computer listing produced by\\nthe commissioner in support of the executive budget for the 2013-14\\nfiscal year and entitled \"BT131-4\"\\n a. Definitions. (1) \"Residential real property tax levy\" shall mean\\nthe school tax levy imposed on residential property, including\\ncondominium properties, in the year commencing in the calendar year two\\nyears prior to the calendar year in which the base year began. The final\\nupdate of such data shall be reported by the commissioner of taxation\\nand finance to the commissioner by February fifteenth of the base year.\\nThe commissioner of taxation and finance shall adopt regulations as\\nappropriate to assure the appropriate collection, classification and\\nreporting of such data for the purposes of paying state aid to the\\nschools.\\n (2) \"Adjusted gross income\" shall mean the adjusted gross income of a\\nschool district as used in computation of the district's alternate pupil\\nwealth ratio pursuant to paragraph b of subdivision three of this\\nsection, provided, however, that for the computation of apportionments\\npursuant to this subdivision, the adjusted gross income of a central\\nhigh school district shall not equal the sum of the adjusted gross\\nincome of each of its component school districts.\\n (3) \"Tax effort ratio\" shall mean the quotient of the district's\\nresidential real property tax levy divided by the district's adjusted\\ngross income computed to five decimals without rounding.\\n (4) \"Tier 1 eligible school district\" shall mean any school district\\nin which (i) the income wealth index, as computed pursuant to paragraph\\nd of subdivision three of this section, is less than two and one-half,\\nand (ii) the expense per pupil, as computed pursuant to paragraph f of\\nsubdivision one of this section, is greater than the statewide average\\nexpense per pupil as computed pursuant to subdivision five of this\\nsection, and (iii) the tax effort ratio is greater than three and\\ntwo-tenths percent (0.032). For the two thousand eight--two thousand\\nnine school year, for the purpose of computing aid pursuant to this\\nsubdivision, the statewide average expense per pupil shall be ten\\nthousand six hundred fifty dollars.\\n (5) \"Tier 2 eligible school district\" shall mean any school district\\nin which the tax effort ratio is greater than five percent.\\n (6) \"Tier 3 eligible school district\" shall mean any school district\\nin which (i) the quotient of (a) the actual valuation of the school\\ndistrict divided by its total wealth pupil units computed pursuant to\\nsubparagraph one of paragraph a of subdivision three of this section,\\ndivided by (b) the adjusted gross income of a school district divided by\\nits total wealth pupil units computed pursuant to subparagraph one of\\nparagraph b of subdivision three of this section, is greater than four\\nand sixty-two hundredths (4.62), (ii) the combined wealth ratio computed\\npursuant to subparagraph one of paragraph c of subdivision three of this\\nsection is less than six, and (iii) the regional cost index determined\\npursuant to subparagraph two of paragraph a of subdivision four of this\\nsection is greater than one and three-tenths (1.3).\\n b. Tier 1 high tax aid apportionment. For any tier 1 eligible school\\ndistrict, the tier 1 high tax aid apportionment shall be the greater of\\n(1) the product of the public school district enrollment of the district\\nin the base year, as computed pursuant to subparagraph two of paragraph\\nn of subdivision one of this section, multiplied by the product of four\\nhundred fifty dollars multiplied by the state sharing ratio, or (2) one\\nhundred thousand dollars.\\n c. Tier 2 high tax aid apportionment. For any tier 2 eligible school\\ndistrict, the tier 2 high tax aid apportionment shall be the product of\\n(i) the public school district enrollment of the district in the base\\nyear, as computed pursuant to subparagraph two of paragraph n of\\nsubdivision one of this section, multiplied by (ii) one hundred\\neighty-one thousandths (0.181) multiplied by (iii) the positive\\ndifference, if any, of the expense per pupil, as computed pursuant to\\nparagraph f of subdivision one of this section, less ten thousand six\\nhundred sixty dollars, multiplied by (iv) an aid ratio computed by\\nsubtracting from one the product obtained by multiplying the alternate\\npupil wealth ratio computed pursuant to subparagraph one of paragraph b\\nof subdivision three of this section by sixty percent, provided,\\nhowever, that such aid ratio shall not be less than zero nor greater\\nthan one, multiplied by (v) the regional cost index.\\n d. Tier 3 high tax aid apportionment. For any tier 3 eligible school\\ndistrict, the tier 3 high tax aid apportionment shall be the product of\\n(i) the public school district enrollment of the district in the base\\nyear, as computed pursuant to subparagraph two of paragraph n of\\nsubdivision one of this section, multiplied by (ii) fifty-two dollars,\\nmultiplied by (iii) the regional cost index.\\n 17. Gap elimination adjustment. a. Notwithstanding any other provision\\nof law to the contrary, the commissioner shall reduce payments due to\\neach district for the two thousand eleven--two thousand twelve school\\nyear and thereafter pursuant to section thirty-six hundred nine-a of\\nthis article by an amount equal to the gap elimination adjustment\\ncomputed for such district, and such amount shall be deducted from\\nmoneys apportioned for the purposes of payments made pursuant to such\\nsection thirty-six hundred nine-a and if the reduction is greater than\\nthe sum of the amounts available for such deductions, the remainder of\\nthe reduction shall be withheld from payments scheduled to be made to\\nthe district pursuant to section thirty-six hundred nine-a for the\\nfollowing school year, and provided further that an amount equal to the\\namount of such deduction shall be deemed to have been paid to the\\ndistrict pursuant to this section for the school year in which such\\ndeduction is made. The commissioner shall compute such gap elimination\\nadjustment and shall provide a schedule of such reduction in payments to\\nthe state comptroller, the director of the budget, the chair of the\\nsenate finance committee and the chair of the assembly ways and means\\ncommittee.\\n b. The gap elimination adjustment for the two thousand eleven--two\\nthousand twelve school year shall be computed as follows, based on an\\nupdated electronic date file containing actual and estimated data\\nrelating to apportionments due and owing during the current school year\\nand projections of such apportionments for the following school year to\\nschool districts and boards of cooperative educational services from the\\ngeneral support for public schools, growth and boards of cooperative\\neducational services appropriations produced pursuant to paragraph b of\\nsubdivision twenty-one of section three hundred five of this chapter on\\nFebruary fifteenth of the base year. The gap elimination adjustment for\\na district shall equal the lesser of the district's percentage reduction\\nand its TGFE check, provided, however, that in the case of a district\\nwith a tax effort ratio greater than four percent (0.04) and a combined\\nwealth ratio for total foundation aid computed pursuant to subparagraph\\ntwo of paragraph c of subdivision three of this section that is less\\nthan one and five-tenths (1.5), the gap elimination adjustment for a\\ndistrict shall equal the lesser of the percentage reduction, the TGFE\\ncheck and the tax effort reduction, and further provided that in the\\ncase of a school district, other than a city school district of a city\\nhaving a population in excess of one hundred twenty-five thousand, with\\n(A) an administrative efficiency ratio of less than one and eight-tenths\\npercent (0.018) and (B) an administrative expense per pupil of less than\\nthree hundred forty-eight dollars ($348), the gap elimination adjustment\\nshall be reduced by an amount equal to the administrative efficiency\\nrestoration, and further provided that, where applicable, the gap\\nelimination adjustment shall be reduced by an amount equal to the sum of\\nthe needs-based restoration plus the low wealth-high tax effort\\nrestoration plus the enrollment adjustment award.\\n (i) The percentage reduction shall be the sum of (A) the product of\\nthe total aid for adjustment, multiplied by six and four-tenths percent\\n(0.064), and (B) the product of four thousand four hundred dollars\\n($4,400) multiplied by the reduction factor, multiplied by the public\\nschool district enrollment for the base year computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section,\\nprovided, however, that such percentage reduction shall not be less than\\nthe product of nine and one-half percent (0.095) multiplied by such\\ntotal aid for adjustment, and not more than the product of twenty-one\\nand four-tenths percent (0.214) multiplied by such total aid for\\nadjustment.\\n (ii) The tax effort reduction shall be the product of the total aid\\nfor adjustment, multiplied by the quotient of twenty-three percent\\n(0.23) divided by the quotient of the tax effort ratio computed pursuant\\nto subparagraph three of paragraph a of subdivision sixteen of this\\nsection divided by four and two hundred forty-seven thousandths percent\\n(0.04247), provided, however, that such tax effort reduction shall not\\nbe less than the product of thirteen percent (0.13) multiplied by such\\ntotal aid for adjustment, and not more than the product of twenty-three\\npercent (0.23) multiplied by such total aid for adjustment.\\n (iii) The TGFE check shall be the product of the TGFE percentage and\\nthe total general fund expenditures of such district in the base year.\\n (iv) The administrative efficiency restoration shall be the product of\\nseventy-five dollars ($75), multiplied by the state sharing ratio,\\nmultiplied by the total aidable foundation pupil units computed pursuant\\nto paragraph g of subdivision two of this section for the purposes of\\ncomputing total foundation aid.\\n (v) The needs-based restoration shall be the sum of (A) the product of\\nthe needs-based grant, multiplied by the public school district\\nenrollment for the base year computed pursuant to subparagraph two of\\nparagraph n of subdivision one of such section thirty-six hundred two of\\nthis part, plus (B) in the case of any district for which the quotient\\nof the Limited English proficient count for the base year computed\\npursuant to paragraph o of subdivision one of this section divided by\\nthe public school district enrollment for the base year computed\\npursuant to subparagraph two of paragraph n of subdivision one of this\\nsection, exceeds thirteen percent (0.13), the product of the total aid\\nfor adjustment multiplied by seventy-five hundredths of a percent\\n(0.0075).\\n (vi) The low wealth-high tax effort restoration shall be, for any\\nschool district with a tax effort ratio greater than six percent (0.06)\\nand a combined wealth ratio for total foundation aid that is less than\\nseven-tenths (0.7), the product of one hundred dollars ($100.00)\\nmultiplied by the public school district enrollment for the base year\\ncomputed pursuant to subparagraph two of paragraph n of subdivision one\\nof this section.\\n (vii) The enrollment adjustment award shall be the product of five\\nhundred dollars ($500.00) multiplied by the enrollment increase for any\\neligible school district. An eligible school district shall be a school\\ndistrict (A) with a combined wealth ratio for total foundation aid less\\nthan three (3.0) and an enrollment increase greater than or equal to\\nforty-five, where, (B) for such school district, either the enrollment\\nincrease is greater than one percent (0.01) of the public school\\ndistrict enrollment for the base year or the combined wealth ratio for\\ntotal foundation aid is less than two (2.0). The enrollment increase\\nshall be as the positive difference of the estimated public school\\ndistrict enrollment for the current year computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section less\\nthe public school district enrollment for the base year computed\\npursuant to subparagraph two of paragraph n of subdivision one of this\\nsection.\\n (viii) For the purposes of such computation, (A) \"total aid for\\nadjustment\" shall mean the sum of the amounts set forth for each school\\ndistrict as \"FOUNDATION AID\", \"FULL DAY K CONVERSION\", BOCES + SPECIAL\\nSERVICES\", \"HIGH COST EXCESS COST\", \"PRIVATE EXCESS COST\", \"HARDWARE &\\nTECHNOLOGY\", \"SOFTWARE, LIBRARY, TEXTBOOK\", \"TRANSPORTATION INCL\\nSUMMER\", \"OPERATING REORG INCENTIVE\", \"CHARTER SCHOOL TRANSITIONAL\",\\n\"ACADEMIC ENHANCEMENT\", \"HIGH TAX AID\" AND \"SUPPLEMENTAL PUB EXCESS\\nCOST\" under the heading \"2011-12 ESTIMATED AIDS\" in the school aid\\ncomputer listing produced by the commissioner in support of the\\nexecutive budget proposal for the two thousand eleven--two thousand\\ntwelve school year;\\n (B) \"the state sharing ratio\" shall mean the state sharing ratio\\ncomputed for total foundation aid computed pursuant to paragraph g of\\nsubdivision three of this section, but not less than ten percent (0.10);\\nand\\n (C) \"reduction factor\" shall mean the product of the positive\\nremainder of one less the three-year average free and reduced price\\nlunch percent computed pursuant to subparagraph (ii) of paragraph p of\\nsubdivision one of this section, multiplied by the combined wealth ratio\\nfor total foundation aid computed pursuant to subparagraph two of\\nparagraph c of subdivision three of section thirty-six hundred two of\\nthis part; and\\n (D) \"needs-based grant\" shall mean, (1) in the case of a district\\ndetermined to be a high need school district pursuant to clause (c) of\\nsubparagraph two of paragraph c of subdivision six of this section for\\nthe school aid computer listing produced by the commissioner in support\\nof the enacted budget for the two thousand seven--two thousand eight\\nschool year and entitled \"SA0708\", having a need-resource category of\\nthree or four, sixty-one dollars ($61.00), and (2) in the case of a\\ndistrict determined to be an average need school district pursuant to\\nclause (c) of subparagraph two of paragraph c of subdivision six of this\\nsection for the school aid computer listing produced by the commissioner\\nin support of the enacted budget for the two thousand seven--two\\nthousand eight school year and entitled \"SA0708\", having a need-resource\\ncategory of five, fifty-four dollars ($54.00).\\n (E) \"administrative efficiency ratio\" shall mean the quotient of the\\nsum of the expenditures related to the board of education, including\\nexpenditures for the board of education, the district clerk's office,\\nthe district meeting, auditing service, the treasurer's office, the tax\\ncollector's office, legal services and the school census, plus\\nexpenditures for central administration, including expenditures for the\\nchief school officer, the business office, the purchasing office, the\\npersonnel office, the records management officer, public information and\\nservices, fees for fiscal agents and undistributed indirect costs,\\ndivided by the total expenditures charged by a district to the general,\\ndebt service, and special aid funds, excluding transfers from the\\ngeneral fund to the debt service and special aid funds, based on\\nexpenditures reported by the district for the school year two years\\nprior to the base year, based on data on file for an electronic data\\nfile used to produce the school aid computer listing produced by the\\ncommissioner in support of the executive budget request; and\\n (F) \"administrative expense per pupil\" shall mean the quotient of the\\nsum of the expenditures related to the board of education, including\\nexpenditures for the board of education, the district clerk's office,\\nthe district meeting, auditing service, the treasurer's office, the tax\\ncollector's office, legal services and the school census, plus\\nexpenditures for central administration, including expenditures for the\\nchief school officer, the business office, the purchasing office, the\\npersonnel office, the records management officer, public information and\\nservices, fees for fiscal agents and undistributed indirect costs,\\ncharged by a district to the general, debt service, and special aid\\nfunds, based on expenditures reported by the district for the school\\nyear two years prior to the base year, divided by the public school\\ndistrict enrollment for the base year computed pursuant to subparagraph\\ntwo of paragraph n of subdivision one of this section based on data on\\nfile for an electronic data file used to produce the school aid computer\\nlisting produced by the commissioner in support of the executive budget\\nrequest; and\\n (G) \"TGFE percentage\" shall mean,\\n (1) in the case of a district determined to be a high-need school\\ndistrict pursuant to clause (c) of subparagraph two of paragraph c of\\nsubdivision six of this section for the school aid computer listing\\nproduced by the commissioner in support of the enacted budget for the\\ntwo thousand seven--two thousand eight school year and entitled\\n\"SA0708\",\\n (a) in the case of a city school district in a city with a population\\nin excess of one million inhabitants, four and five hundred thirty-seven\\nthousandths percent (0.04537),\\n (b) in the case of a city school district in a city with a population\\nof more than two hundred fifty thousand inhabitants and less than one\\nmillion inhabitants according to the two thousand federal census, four\\nand one-tenth percent (0.041),\\n (c) in the case of a city school district in a city with a population\\nof more than two hundred ten thousand inhabitants and less than two\\nhundred fifty thousand inhabitants according to the two thousand federal\\ncensus, four and thirteen hundredths percent (0.0413),\\n (d) in the case of a city school district in a city with a population\\nof more than one hundred seventy thousand inhabitants and less than two\\nhundred ten thousand inhabitants according to the two thousand federal\\ncensus, five and ninety-seven hundredths percent (0.0597),\\n (e) in the case of a city school district in a city with a population\\nof more than one hundred thousand inhabitants and less than one hundred\\nseventy thousand inhabitants according to the two thousand federal\\ncensus, five and fifty-three hundredths percent (0.0553),\\n (f) in the case of any other such school district which has a\\nthree-year average free and reduced price lunch percent greater than\\nseventy-five percent (0.75) and which has an administrative efficiency\\nratio less than one and fifty-five hundredths percent (0.0155), four and\\nnine hundredths percent (0.0409), and\\n (g) for all other such school districts, six and eight-tenths percent\\n(0.068), or\\n (2) in the case of all other school districts, eleven percent (0.11).\\n c. The gap elimination adjustment for the two thousand twelve--two\\nthousand thirteen school year and thereafter shall be equal to the gap\\nelimination adjustment for the base year, plus, in any year in which the\\npreliminary growth amount exceeds the allowable growth amount, the\\nproduct of the gap elimination adjustment percentage for such district\\nand the positive difference, if any, between the preliminary growth\\namount less the allowable growth amount, as computed pursuant to\\nsubdivision one of this section, and less the gap elimination adjustment\\nrestoration amount, if any, allocated pursuant to this section.\\n d. The gap elimination adjustment restoration amount for the two\\nthousand twelve--two thousand thirteen school year for a school district\\nshall be computed based on data on file with the commissioner and in the\\ndatabase used by the commissioner to produce an updated electronic data\\nfile in support of the enacted budget for the two thousand twelve--two\\nthousand thirteen state fiscal year, and shall equal the sum of (i) the\\ngreater of:\\n (A) the product of (1) the product of the extraordinary needs index\\nmultiplied by two hundred twenty-three dollars and eighty cents,\\ncomputed to two decimal places without rounding, multiplied by (2) the\\nstate sharing ratio computed pursuant to paragraph g of subdivision\\nthree of this section multiplied by (3) the public school district\\nenrollment for the base year, calculated pursuant to subparagraph two of\\nparagraph n of subdivision one of this section, where the extraordinary\\nneeds index shall be the quotient of the extraordinary needs percent for\\nthe district computed pursuant to paragraph w of subdivision one of this\\nsection divided by forty-eight hundredths; or\\n (B) for any district with a GEA/TGFE ratio greater than one, where the\\nGEA/TGFE ratio shall be the quotient of the gap elimination adjustment\\nfor the two thousand eleven--two thousand twelve school year for the\\ndistrict divided by the total general fund expenditures of such district\\nin the base year, divided by the quotient of the statewide total gap\\nelimination adjustment for the two thousand eleven--two thousand twelve\\nschool year divided by total general fund expenditures in the base year,\\nthe product of (1) the product of the GEA/TGFE ratio multiplied by\\nninety dollars, computed to two decimal places without rounding,\\nmultiplied by (2) the state sharing ratio computed pursuant to paragraph\\ng of subdivision three of this section multiplied by (3) the public\\nschool district enrollment for the base year, calculated pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section; or\\n (C) the product of two and nine hundred fifty-six one-thousandths of a\\npercent (0.02956) multiplied by the gap elimination adjustment for the\\ntwo thousand eleven--two thousand twelve school year; or\\n (D) the product of (1) the positive difference, if any, of one and\\nthirty-seven one-hundredths (1.37) minus the product of the combined\\nwealth ratio computed pursuant to subparagraph one of paragraph c of\\nsubdivision three of this section multiplied by one and one-half (1.5),\\nbut not more than one, multiplied by (2) the public school district\\nenrollment for the base year, calculated pursuant to subparagraph two of\\nparagraph n of subdivision one of this section, multiplied by (3) four\\nhundred seventy-three dollars and seventy cents; or\\n (E) for any district with a tax effort ratio computed pursuant to\\nsubparagraph three of paragraph a of subdivision sixteen of this section\\nthat is greater than four and four-tenths (4.4) and a combined wealth\\nratio computed pursuant to subparagraph one of paragraph c of\\nsubdivision three of this section that is less than one and one-half\\n(1.5), the product of (1) the state sharing ratio computed pursuant to\\nparagraph g of subdivision three of this section multiplied by (2) the\\npublic school district enrollment for the base year, calculated pursuant\\nto subparagraph two of paragraph n of subdivision one of this section,\\nmultiplied by (3) three hundred nine dollars and thirty cents;\\nbut shall be no greater than the product of twenty-five percent and the\\ngap elimination adjustment for the two thousand eleven--two thousand\\ntwelve school year for the district, and (ii) the Limited English\\nproficiency restoration which shall be apportioned to city school\\ndistricts of cities with a population in excess of one hundred\\ntwenty-five thousand and less than one million. For any such city school\\ndistrict with a limited English proficiency ratio greater than or equal\\nto four percent and less than five percent, the limited English\\nproficiency restoration shall equal the product of the limited English\\nproficiency restoration base multiplied by seven tenths. For any such\\ncity school district with a limited English proficiency ratio greater\\nthan or equal to five percent, the limited English proficiency\\nrestoration shall equal the product of the limited English proficiency\\nrestoration base multiplied by two and two tenths. For any such city\\nschool district with a limited English proficiency ratio less than four\\npercent, the limited English proficiency restoration shall equal the\\nproduct of the limited English proficiency restoration base multiplied\\nby one and seventy-five hundredths.\\n (A) for the purposes of computations pursuant to this subparagraph (1)\\n\"limited English proficiency ratio\" shall mean the quotient of (a) the\\nproduct of the limited English proficiency count computed pursuant to\\nparagraph o of subdivision one of this section multiplied by fifty\\npercent, divided by (b) public school district enrollment for the base\\nyear computed pursuant to subparagraph two of paragraph n of subdivision\\none of this section;\\n (2) \"limited English proficiency restoration base\" shall mean the\\nproduct of the amount set forth for such school district as \"TOTAL\"\\nunder the heading \"2011-12 BASE YEAR AIDS\" in the school aid computer\\nlisting produced by the commissioner in support of the enacted budget\\nfor the 2012-13 school year and entitled \"SA121-3\" multiplied by eleven\\nhundredths of one percent.\\n (e) The gap elimination adjustment restoration amount for the two\\nthousand thirteen--two thousand fourteen school year for a school\\ndistrict shall be computed based on data on file with the commissioner\\nand in the database used by the commissioner to produce an updated\\nelectronic data file in support of the enacted budget for the two\\nthousand thirteen--two thousand fourteen state fiscal year end entitled\\n\"SA131-4\" and shall equal the greater of one hundred thousand dollars\\n($100,000) or the sum of:\\n (i) the \"Tier A restoration\" which shall mean the amount set forth for\\nsuch school district as \"GEA RESTORATION\" under the heading \"2013-14\\nESTIMATED AIDS\" in the school aid computer listing produced by the\\ncommissioner in support of the executive budget request submitted for\\nthe two thousand thirteen--two thousand fourteen state fiscal year and\\nentitled \"BT131-4\"; and\\n (ii) the \"Tier B restoration\" which shall mean for a district with (1)\\na combined wealth ratio of less than one and seven-tenths (1.7) and (2)\\nan enrollment per square mile which shall be the quotient, computed to\\ntwo decimals without rounding, of the public school enrollment of the\\nschool district on the date enrollment was counted in accordance with\\nsubdivision one of this section for the base year divided by the square\\nmiles of the district, as determined by the commissioner, of less than\\none hundred and seventy and (3) a designation as high need or average\\nneed pursuant to clause (c) of subparagraph two of paragraph c of\\nsubdivision six of this section for the school aid computer listing\\nproduced by the commissioner in support of the enacted budget for the\\ntwo thousand seven--two thousand eight school year and entitled\\n\"SA0708\", or in the case of a reorganized district that had a\\npredecessor district that was so designated and (4) a tier A restoration\\nwhich equals less than twenty and seven-tenths percent (0.207) of the\\ngap elimination adjustment for the base year, the positive difference if\\nany, of the product of twenty and seven-tenths percent (0.207)\\nmultiplied by the gap elimination adjustment for the base year minus the\\ntier A restoration; and\\n (iii) the \"Tier C restoration\" which shall mean for a district for\\nwhich the sum of the tier A restoration and the tier B restoration is\\nless than the product of the gap elimination adjustment for the base\\nyear multiplied by six percent (0.06), the positive difference of the\\nproduct of the gap elimination adjustment for the base year multiplied\\nby six percent (0.06) minus the sum of the tier A restoration and the\\ntier B restoration; and\\n (iv) the \"Tier D restoration\" which shall mean for school districts\\nthat were: (1) designated as low or average need pursuant to clause (c)\\nof subparagraph two of paragraph c of subdivision six of this section\\nfor the school aid computer listing produced by the commissioner in\\nsupport of the enacted budget for the two thousand seven--two thousand\\neight school year and entitled \"SA0708\", or in the case of a reorganized\\ndistrict that had a predecessor district that was so designated and (2)\\ndesignated as high need pursuant to the regulations of the commissioner\\nin the most recently available study included in the school aid computer\\nlisting produced by the commissioner in support of the enacted budget\\nfor the two thousand thirteen--two thousand fourteen state fiscal year\\nand entitled \"SA131-4\" known as the 2008 need resource capacity category\\ncode, the product of (a) the positive difference, if any, of the gap\\nelimination adjustment for such district for the two thousand\\neleven--two thousand twelve school year minus the product of six and\\neight tenths percent (0.068) multiplied by the total general fund\\nexpenditures of such district for the two thousand ten--two thousand\\neleven school year, multiplied by (b) thirty-five hundredths (0.35); and\\n (v) the \"Tier E restoration\" which shall mean for districts with (1) a\\nquotient of the positive difference of the gap elimination adjustment\\nfor the year prior to the base year minus the gap elimination adjustment\\nfor the base year divided by the gap elimination adjustment for the year\\nprior to the base year is less than seven and five-tenths percent\\n(0.075) and (2) a combined wealth ratio of less than one and one-tenth\\n(1.10), the product of two and five-tenths percent (0.025) multiplied by\\nthe gap elimination adjustment for the base year; and\\n (vi) the \"Tier F restoration\" which shall mean for any district (1)\\ndesignated as high need pursuant to clause (c) of subparagraph two of\\nparagraph c of subdivision six of this section for the school aid\\ncomputer listing produced by the commissioner in support of the enacted\\nbudget for the two thousand seven--two thousand eight school year and\\nentitled \"SA0708\", or in the case of a reorganized district that had a\\npredecessor district that was so designated, with (2) a GEA/TGFE ratio\\ngreater than four and ninety-one hundredths percent (.0491), where the\\nGEA/TGFE ratio shall be the quotient of the gap elimination adjustment\\nfor the base year for the district divided by the total general fund\\nexpenditures of such district in the base year, the product of fifteen\\ndollars ($15.00), multiplied by the base year public school district\\nenrollment, as computed pursuant to paragraph n of subdivision one of\\nthis section, but not less than one hundred thousand dollars ($100,000);\\nand\\n (vii) the \"Tier G restoration\" which shall mean for a city school\\ndistrict of a city having a population in excess of one hundred\\ntwenty-five thousand and less than one hundred and sixty thousand and\\nfor city school districts of cities with populations in excess of two\\nhundred and five thousand and less than three hundred thousand, the\\nproduct of ten dollars ($10.00) multiplied by the base year public\\nschool district enrollment, as computed pursuant to paragraph n of\\nsubdivision one of this section and for a city school district of a city\\nhaving a population in excess of one hundred sixty thousand and below\\ntwo hundred thousand the product of eight dollars ($8.00) multiplied by\\nthe base year public school district enrollment, as computed pursuant to\\nparagraph n of subdivision one of this section and for a city school\\ndistrict of a city having a population of one million or more, the\\nproduct of forty-two dollars and two cents ($42.02), multiplied by the\\nbase year public school district enrollment, as computed pursuant to\\nparagraph n of subdivision one of this section; and\\n (viii) the \"Tier H restoration\" which shall mean for districts other\\nthan for city school districts of cities having populations of one\\nhundred and twenty-five thousand or more, the product of the positive\\ndifference of one and forty-three hundredths (1.43) minus such\\ndistrict's regional cost index pursuant to subdivision four of this\\nsection, multiplied by five, multiplied by the three-year average free\\nand reduced price lunch percent, multiplied by one hundred dollars\\n($100.00) multiplied by the base year public school district enrollment,\\nas computed pursuant to paragraph n of subdivision one of this section;\\nand\\n (ix) the \"Tier I restoration\" which shall mean for any district with a\\ncombined wealth ratio greater than one and one-tenth (1.1) and a\\nthree-year average free and reduced price lunch percent greater than\\nsix-tenths (0.6), the product of one hundred and fifty dollars ($150.00)\\nmultiplied by the base year public school district enrollment, as\\ncomputed pursuant to paragraph n of subdivision one of this section; and\\n (x) the \"Tier J restoration\" which shall mean for a district with a\\ncombined wealth ratio less than one and one-tenths (1.1), the product of\\n(a) two hundred dollars ($200.00) multiplied by (b) the positive\\ndifference, if any, of the base year public school district enrollment\\nless the public school district enrollment for the year four years prior\\nto the base year, as computed pursuant to paragraph n of subdivision one\\nof this section;\\n Provided further, notwithstanding any portion of this paragraph to the\\ncontrary, that a district's gap elimination adjustment restoration for\\nthe two thousand thirteen--two thousand fourteen school year shall not\\nexceed the product of forty-three percent (0.43) and the gap elimination\\nadjustment for the base year for the district.\\n (f) The gap elimination adjustment restoration amount for the two\\nthousand fourteen--two thousand fifteen school year for a school\\ndistrict shall be computed based on data on file with the commissioner\\nand in the database used by the commissioner to produce an updated\\nelectronic data file in support of the enacted budget for the two\\nthousand fourteen--two thousand fifteen state fiscal year and entitled\\n\"SA141-5\" and shall equal the greater of:\\n (i) the product of fourteen and thirteen hundredths percent (0.1413)\\nmultiplied by the gap elimination adjustment for the base year or;\\n (ii) the positive difference of (a) the product of twenty-nine percent\\n(0.29) multiplied by the absolute value of the amount set forth for such\\nschool district as \"GAP ELIMINATION ADJUSTMENT\" under the heading\\n\"2011-12 ESTIMATED AIDS\" in the school aid computer listing produced by\\nthe commissioner in support of the executive budget request submitted\\nfor the two thousand eleven--two thousand twelve state fiscal year and\\nentitled \"BT111-2\" minus (b) the positive difference of the absolute\\nvalue of the amount set forth for such school district as \"GAP\\nELIMINATION ADJUSTMENT\" under the heading \"2011-12 ESTIMATED AIDS\" in\\nthe school aid computer listing produced by the commissioner in support\\nof the executive budget request submitted for the two thousand\\neleven--two thousand twelve state fiscal year and entitled \"BT111-2\"\\nminus the gap elimination adjustment for the base year or;\\n (iii) seventy thousand dollars ($70,000) or;\\n (iv) the sum of:\\n (A) the product of the FRPL restoration amount multiplied by the base\\nyear public school district enrollment as computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section\\nmultiplied by the three-year average free and reduced price lunch\\npercent, provided further, for the purposes of this paragraph the FRPL\\nrestoration amount shall equal (1) for a city school district of a city\\nhaving a population in excess of one hundred twenty-five thousand and\\nless than one million, five dollars ($5.00) or (2) for a city school\\ndistrict of a city having a population in excess of one million, one\\nhundred four dollars and forty cents ($104.40) or (3) for all other\\nschool districts forty-three dollars ($43.00); and\\n (B) for a school district with (1) a three-year average free and\\nreduced price lunch percent greater than sixty-five percent (0.65) and\\n(2) base year public school district enrollment as computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section\\ngreater than thirty-five hundred (3,500) and for which (3) the quotient\\nof (a) the positive difference, if any, of the absolute value of the\\namount set forth for such school district as \"GAP ELIMINATION\\nADJUSTMENT\" under the heading \"2011-12 ESTIMATED AIDS\" in the school aid\\ncomputer listing produced by the commissioner in support of the\\nexecutive budget request submitted for the two thousand eleven--two\\nthousand twelve state fiscal year and entitled \"BT111-2\" minus the\\npositive difference of the absolute value of the amount set forth for\\nsuch school district as \"GAP ELIMINATION ADJUSTMENT\" under the heading\\n\"2014-15 ESTIMATED AIDS\" in the school aid computer listing produced by\\nthe commissioner in support of the executive budget request submitted\\nfor the two thousand fourteen--two thousand fifteen state fiscal year\\nand entitled \"BT141-5\" divided by (b) the absolute value of the amount\\nset forth for such school district as \"GAP ELIMINATION ADJUSTMENT\" under\\nthe heading \"2011-12 ESTIMATED AIDS\" in the school aid computer listing\\nproduced by the commissioner in support to the executive budget request\\nsubmitted for the two thousand eleven--two thousand twelve state fiscal\\nyear and entitled \"BT111-2\" is less than sixty percent (0.60), the\\nproduct of one hundred and forty-three dollars ($143.00) multiplied by\\nthe base year public school district enrollment as computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section; and\\n (C) for a school district other than a city school district of a city\\nhaving a population in excess of one million for which the quotient of\\n(a) the positive difference, if any, of the limited English proficient\\ncount for the base year minus the limited English proficient count for\\nthe two thousand eight--two thousand nine school year divided by (b) the\\nlimited English proficient count for the two thousand eight--two\\nthousand nine school year is greater than five percent (0.05), the\\nproduct of one thousand five hundred dollars ($1,500) multiplied by the\\npositive difference, if any of the limited English proficient count for\\nthe base year minus the limited English proficient count for the two\\nthousand eight--two thousand nine school year multiplied by such\\ndistricts extraordinary needs percent as computed pursuant to paragraph\\nw of subdivision one of this section; and\\n (D) for a school district for which the quotient of the number of\\npersons aged five to seventeen within the school district, based on the\\nmost recent decennial census as tabulated by the National Center on\\nEducation Statistics, who were enrolled in public schools and whose\\nfamilies had incomes below the poverty level, divided by the total\\nnumber of person aged five to seventeen within the school district,\\nbased on such decennial census, who were enrolled in public schools,\\ncomputed to four decimals without rounding is greater than eighteen\\npercent (0.18), the product of four hundred and ninety-five dollars\\n($495) multiplied by the positive difference, if any of the base year\\npublic school district enrollment as computed pursuant to subparagraph\\ntwo of paragraph n of subdivision one of this section minus the two\\nthousand ten--two thousand eleven public school district enrollment, as\\ncomputed pursuant to subparagraph two of paragraph n of subdivision one\\nof this section; and\\n (E) for a school district for which (1) the quotient of the two\\nthousand thirteen--two thousand fourteen gap elimination adjustment\\ndivided by the total general fund expenditures for such district for the\\nbase year exceeds five percent (0.05), the product of ninety dollars\\n($90.00) multiplied by the base year public school district enrollment,\\nas computed pursuant to paragraph n of subdivision one of this section;\\nand\\n (F) for school districts for which the quotient of non public school\\ndistrict enrollment divided by the sum of the non public school district\\nenrollment and the base year public school district enrollment as\\ncomputed pursuant to subparagraph two of paragraph n of subdivision one\\nof this section is greater than twenty-five hundredths (0.25), the\\nproduct of (1) the quotient of non public school district enrollment\\ndivided by the sum of the non public school district enrollment and the\\nbase year public school district enrollment as computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section\\nmultiplied by (2) the extraordinary needs percent as computed pursuant\\nto paragraph w of subdivision one of this section multiplied by (3) the\\nbase year public school district enrollment as computed pursuant to\\nsubparagraph two of paragraph n of subdivision one of this section\\nmultiplied by (4) three hundred and fifty dollars ($350.00); and\\n (G) for school districts that: (1) were designated as average need\\npursuant to clause (c) of subparagraph two of paragraph c of subdivision\\nsix of this section for the school aid computer listing produced by the\\ncommissioner in support of the enacted budget for the two thousand\\nseven--two thousand eight school year and entitled \"SA0708\" and (2) a\\ncombined wealth ratio computed pursuant to subparagraph one of paragraph\\nc of subdivision three of this section of less than one (1.0) or for a\\nschool district designated as high need urban-suburban pursuant to\\nclause (c) of subparagraph two of paragraph c of subdivision six of this\\nsection for the school aid computer listing produced by the commissioner\\nin support of the enacted budget for the two thousand seven--two\\nthousand eight school year and entitled \"SA0708\", the product of\\nfifty-one dollars ($51.00) multiplied by the base year public school\\ndistrict enrollment as computed pursuant to subparagraph two of\\nparagraph n of subdivision one of this section; and\\n (H) for a school district designated as rural high need pursuant to\\nclause (c) of subparagraph two of paragraph c of subdivision six of this\\nsection for the school aid computer listing produced by the commissioner\\nin support of the enacted budget for the two thousand seven--two\\nthousand eight school year and entitled \"SA0708\", the product of two\\nhundred dollars ($200.00) multiplied by the base year public school\\ndistrict enrollment as computed pursuant to subparagraph two of\\nparagraph n of subdivision one of this section; and\\n (I) for school districts that were designated as small city school\\ndistricts or central school districts whose boundaries include a portion\\nof a small city for the school aid computer listing produced by the\\ncommissioner in support of the enacted budget for the two thousand\\nfourteen--two thousand fifteen school year and entitled \"SA1415\" the\\nproduct of twenty-five dollars ($25.00) multiplied by the base year\\npublic school district enrollment as computed pursuant to subparagraph\\ntwo of paragraph n of subdivision one of this section and for school\\ndistricts for which the quotient, computed to two decimals without\\nrounding, of the public school enrollment of the school district on the\\ndate enrollment was counted in accordance with this subdivision for the\\nbase year divided by the square miles of the district, as determined by\\nthe commissioner is less than two hundred and fifty (250), the product\\nof sixteen dollars ($16.00) multiplied by the base year public school\\ndistrict enrollment as computed pursuant to subparagraph two of\\nparagraph n of subdivision one of this section; and\\n (J) For a district for which (1) the quotient, computed to two\\ndecimals without rounding, of the public school enrollment of the school\\ndistrict on the date enrollment was counted in accordance with this\\nsubdivision for the base year divided by the square miles of the\\ndistrict, as determined by the commissioner is greater than eight\\nhundred (800) and (2) the tax effort ratio, as defined in subdivision\\nsixteen of this section is greater than four and (3) the base year\\npublic school district enrollment as computed pursuant to subparagraph\\ntwo of paragraph n of subdivision one of this section is greater than\\nthe two thousand ten--two thousand eleven public school district\\nenrollment as computed pursuant to subparagraph two of paragraph n of\\nsubdivision one of this section, the product of two hundred and fifty\\ndollars ($250.00) multiplied by the base year public school district\\nenrollment as computed pursuant to subparagraph two of paragraph n of\\nsubdivision one of this section, provided that such amount shall not\\nexceed one million dollars ($1,000,000); and\\n (K) For school districts that were: (1) designated as low or average\\nneed pursuant to clause (c) of subparagraph two of paragraph c of\\nsubdivision six of this section for the school aid computer listing\\nproduced by the commissioner in support of the enacted budget for the\\ntwo thousand seven--two thousand eight school year and entitled\\n\"SA0708\", or in the case of a reorganized district that had a\\npredecessor district that was so designated and (2) designated as high\\nneed pursuant to the regulations of the commissioner in the most\\nrecently available study included in the school aid computer listing\\nproduced by the commissioner in support of the enacted budget for the\\ntwo thousand thirteen--two thousand fourteen state fiscal year and\\nentitled \"SA131-4\" known as the 2008 need resource capacity category\\ncode, the product of (a) the positive difference, if any, of the\\nabsolute value of the amount set forth for such school district as \"GAP\\nELIMINATION ADJUSTMENT\" under the heading \"2011-12 ESTIMATED AIDS\" in\\nthe school aid computer listing produced by the commissioner in support\\nof the executive budget request submitted for the two thousand\\neleven--two thousand twelve state fiscal year and entitled \"BT111-2\"\\nminus the product of six and eight tenths percent (0.068) multiplied by\\nthe total general fund expenditures of such district for the two\\nthousand ten--two thousand eleven school year, multiplied by (b)\\nfifty-five hundredths (0.55); and\\n (L) the amount set forth for such school district as \"GEA RESTORATION\"\\nunder the heading \"2014-15 ESTIMATED AIDS\" in the school aid computer\\nlisting produced by the commissioner in support of the executive budget\\nrequest submitted for the two thousand fourteen--two thousand fifteen\\nstate fiscal year and entitled \"BT141-5\".\\n Provided further, notwithstanding any provision of this paragraph to\\nthe contrary, that a district's gap elimination adjustment restoration\\nfor the two thousand fourteen--two thousand fifteen school year shall\\nnot exceed the product of seventy percent (0.70) and the gap elimination\\nadjustment for the base year for the district.\\n (g) The gap elimination adjustment restoration amount for the two\\nthousand fifteen--two thousand sixteen school year and thereafter shall\\nequal the product of the gap elimination percentage for such district\\nand the gap elimination adjustment restoration allocation established\\npursuant to subdivision eighteen of this section.\\n 18. Allocable growth amount apportionment. Such amount shall be\\napportioned for a school year pursuant to a chapter of the laws of New\\nYork enacted for the state fiscal year in which such school year\\ncommences, and shall be allocated to purposes including but not limited\\nto competitive grant awards made pursuant to subdivisions five and six\\nof section thirty-six hundred forty-one of this article, the foundation\\naid phase-in amount or other foundation aid increase allocated pursuant\\nto subdivision four of this section and the gap elimination adjustment\\nrestoration amount apportioned pursuant to subdivision seventeen of this\\nsection. In the event that a chapter of the laws of New York enacted for\\nthe state fiscal year in which such school year commences is not\\nenacted, the allocations in support of subdivisions five and six of\\nsection thirty-six hundred forty-one of this article shall equal the\\nallocations in support of such awards in the base year, and the\\napportionments pursuant to subdivisions four and seventeen of this\\nsection for the current year shall equal the apportionments for such\\nsubdivisions four and seventeen for the base year.\\n 20. Shared services aid for school districts which are not components\\nof a board of cooperative educational services supervisory district,\\nincluding large city school districts. Commencing with aid payable in\\nthe nineteen hundred ninety-eight--ninety-nine school year, school\\ndistricts which are not components of a board of cooperative educational\\nservices supervisory district, including city school districts of those\\ncities having populations in excess of one hundred twenty-five thousand\\ninhabitants that participate in, or provide, shared services for the\\npurpose of instructional support service as authorized by subdivision\\neight-c of section nineteen hundred fifty of this chapter shall be\\neligible for an additional apportionment in accordance with the\\nprovisions of this paragraph. Within the amount appropriated for such\\npurpose, such districts shall be entitled to an additional apportionment\\nfor their expenses incurred in the base year from their participation in\\nor provision of such shared services, in an amount equal to the amount\\nthat would be payable for such expenses if the services were aidable\\nshared services under subdivision five of section nineteen hundred fifty\\nof this chapter; provided that in computing such aid for such city\\nschool districts the tax rate shall be determined in the manner\\nprescribed in subparagraph seven of paragraph a of subdivision\\nthirty-one-a of this section. Such apportionment shall be paid in\\naccordance with section thirty-six hundred nine-a of this chapter. In\\nthe event the appropriation for purposes of this subdivision in any year\\nis insufficient to pay all claims received pursuant to this subdivision,\\nthe commissioner shall determine the percentage of the total claims\\nsubmitted that is represented by each district's claim on file with the\\ncommissioner at the time of creation of each data file or fiscal report\\nrequired by subdivision twenty-one of section three hundred five of this\\nchapter and shall pay such claims based on such prorated basis among all\\ndistricts filing such claims until the appropriation is exhausted,\\nprovided that such prorated apportionment computed and payable as of\\nSeptember one of the school year immediately following the school year\\nfor which such aid is claimed shall be deemed final and not subject to\\nchange. For aid payable in the nineteen hundred\\nninety-eight--ninety-nine school year, the aid payable pursuant to this\\nsubdivision shall not exceed three million, five hundred thousand\\ndollars ($3,500,000); for the nineteen hundred ninety-nine--two thousand\\nschool year the aid payable pursuant to this subdivision shall not\\nexceed ten million dollars ($10,000,000); for the two thousand--two\\nthousand one school year the aid payable pursuant to this subdivision\\nshall not exceed fifteen million dollars ($15,000,000); and for the two\\nthousand one--two thousand two school year and thereafter the aid\\npayable pursuant to this subdivision shall not exceed twenty-five\\nmillion dollars ($25,000,000).\\n 26-a. Aid for instructional computer technology expenses. a.\\nCommencing with aid payable in the nineteen hundred\\nninety-eight--ninety-nine school year, the commissioner is hereby\\nauthorized to apportion to any school district aid pursuant to this\\nsubdivision for its approved expenditures, in excess of base year aid\\nreceived pursuant to subdivision twenty-six of this section, for the\\npurchase, lease-purchase and/or installation of instructional computer\\ntechnology equipment, including original purchase, lease-purchase and/or\\ninstallation of hardware and vendor-installed software for deployment in\\nclassrooms or school libraries; or for the costs of an extended\\nmaintenance contract for instructional computer technology equipment or\\nnetwork systems for a term not to exceed the applicable period of\\nprobable usefulness, to the extent such costs would be allowable under a\\nstate contract; provided, however, no expenses eligible for aid pursuant\\nto subdivision six of this section shall be aidable pursuant to this\\nsubdivision, and provided further, no expenses aided pursuant to this\\nsubdivision shall be eligible for aid pursuant to subdivision twenty-six\\nof this section or section nineteen hundred fifty of this chapter.\\n b. Aid pursuant to this subdivision shall equal the product of the\\ndistrict's instructional computer technology aid ratio and approved base\\nyear expenditures for capital outlays and/or current year expenditures\\nfor debt service and/or current year expenditures for lease purchase for\\nacquisition and installation of instructional computer technology\\nequipment. Notwithstanding any other provision of law to the contrary,\\ndebt service expenses or obligations due under a lease-purchase\\nagreement executed in a prior year for instructional computer technology\\nequipment pursuant to this subdivision shall be ordinary contingent\\nexpenses.\\n c. The district's instructional computer technology aid ratio shall be\\nthe greater of (i) the district's building aid ratio selected for use in\\nthe current year pursuant to clause (b) of subparagraph two of paragraph\\nc of subdivision six of this section; or (ii) the district's millage\\nratio equal to one minus the quotient expressed as a decimal to three\\nplaces without rounding of eight mills divided by the tax rate of the\\nlocal district computed upon the actual valuation of taxable property,\\nas determined pursuant to subdivision one of this section, expressed in\\nmills to the nearest tenth as determined by the commissioner, provided,\\nhowever, that for a city school district in a city having a population\\nin excess of one hundred twenty-five thousand inhabitants the tax rate\\nshall be computed in the manner prescribed in subparagraph seven of\\nparagraph a of subdivision thirty-one-a of this section, and provided\\nthat for a school district which is included within a central high\\nschool district or for a central high school district, such millage\\nratio shall equal one minus the quotient expressed as a decimal to three\\nplaces without rounding of three mills divided by the tax rates,\\nexpressed in mills to the nearest tenth, of such districts, as\\ndetermined by the commissioner; or (iii) thirty-six hundredths. For the\\npurposes of this paragraph, the tax rate for the central high school\\ndistrict shall be the amount of tax raised by the common and union free\\nschool districts included within the central high school district for\\nthe support of the central high school district divided by the actual\\nvaluation of the central high school district. The tax rate for each\\ncommon or union free school district shall be the amount raised for the\\nsupport of such common or union free school district, exclusive of the\\namount raised for the central high school district, divided by such\\nactual valuation of such common or union free school district.\\n d. To be eligible for aid pursuant to this subdivision, school\\ndistricts shall develop and maintain a plan for the use of the\\ninstructional computer technology equipment funded pursuant this\\nsection, which shall be in a form prescribed by the commissioner and\\nshall include but shall not be limited to provision for maintenance and\\nrepair of equipment and the provision of staff development in the use of\\nsuch technology. In addition, such plan may provide for the district's\\nparticipation in the universal service discount program pursuant to the\\nfederal telecommunications act of nineteen hundred ninety-six, and the\\ndistrict's participation in the federal technology literacy challenge\\nprogram, where such federal technology programs are available. In\\nprescribing the format for such plans, the commissioner shall assure\\nthat to the extent possible, districts will be able to develop a single\\nplan that meets the requirements of this subdivision and such federal\\ntechnology programs. In addition, funds apportioned pursuant to this\\nsubdivision shall be used in a manner consistent with the district's\\nlong-range facilities plan and building-level, district-wide, and where\\napplicable, regional instructional and technology plans.\\n e. Expenses for instructional computer technology equipment and\\nsoftware provided through a board of cooperative educational services\\npursuant to a multi-year contract entered pursuant to section nineteen\\nhundred fifty of this chapter shall continue to be aided under\\nsubdivision five of section nineteen hundred fifty of this chapter for\\nthe duration of such contract, and shall be paid in accordance with\\napplicable provisions of section nineteen hundred fifty of this chapter\\nand section thirty-six hundred nine-d of this article.\\n f. In the event the appropriation for purposes of this subdivision in\\nany year is insufficient to pay all claims received pursuant to this\\nsubdivision, the commissioner shall determine the percentage of the\\ntotal claims submitted that is represented by each district's claim on\\nfile with the commissioner at the time of creation of each data file or\\nfiscal report required by subdivision twenty-one of section three\\nhundred five of this chapter and shall pay such claims based on such\\nprorated basis among all districts filing such claims until the\\nappropriation is exhausted, provided that such prorated apportionment\\ncomputed and payable as of September one of the school year immediately\\nfollowing the school year for which such aid is claimed shall be deemed\\nfinal and not subject to change. For aid payable in the nineteen hundred\\nninety-eight--ninety-nine school year, the aid payable pursuant to this\\nsubdivision shall not exceed nine million dollars ($9,000,000); for the\\nnineteen hundred ninety-nine--two thousand school year the aid payable\\npursuant to this subdivision shall not exceed twenty-five million\\ndollars ($25,000,000); for the two thousand--two thousand one school\\nyear the aid payable pursuant to this subdivision shall not exceed\\nfifty-seven million dollars ($57,000,000); and for the two thousand\\none--two thousand two school year and thereafter the aid payable\\npursuant to this subdivision shall not exceed ninety-one million dollars\\n($91,000,000).\\n 41. Transitional aid for charter school payments. In addition to any\\nother apportionment under this section, for the two thousand seven--two\\nthousand eight school year and thereafter, a school district other than\\na city school district in a city having a population of one million or\\nmore shall be eligible for an apportionment in an amount equal to the\\nsum of\\n (a) the product of (i) the product of eighty percent multiplied by the\\ncharter school basic tuition computed for such school district for the\\nbase year pursuant to section twenty-eight hundred fifty-six of this\\nchapter, multiplied by (ii) the positive difference, if any, of the\\nnumber of resident pupils enrolled in the charter school in the base\\nyear less the number of resident pupils enrolled in a charter school in\\nthe year prior to the base year, provided, however, that a school\\ndistrict shall be eligible for an apportionment pursuant to this\\nparagraph only if the number of its resident pupils enrolled in charter\\nschools in the base year exceeds two percent of the total resident\\npublic school district enrollment of such school district in the base\\nyear or the total general fund payments made by such district to charter\\nschools in the base year for resident pupils enrolled in charter schools\\nexceeds two percent of total general fund expenditures of such district\\nin the base year, plus\\n (b) the product of (i) the product of sixty percent multiplied by the\\ncharter school basic tuition computed for such school district for the\\nbase year pursuant to section twenty-eight hundred fifty-six of this\\nchapter, multiplied by (ii) the positive difference, if any, of the\\nnumber of resident pupils enrolled in the charter school in the year\\nprior to the base year less the number of resident pupils enrolled in a\\ncharter school in the year two years prior to the base year, provided,\\nhowever, that a school district shall be eligible for an apportionment\\npursuant to this paragraph only if the number of its resident pupils\\nenrolled in charter schools in the year prior to the base year exceeds\\ntwo percent of the total resident public school district enrollment of\\nsuch school district in the year prior to the base year or the total\\ngeneral fund payments made by such district to charter schools in the\\nyear prior to the base year for resident pupils enrolled in charter\\nschools exceeds two percent of the total general fund expenditures of\\nsuch district in the year prior to the base year, plus\\n (c) the product of (i) the product of forty percent multiplied by the\\ncharter school basic tuition computed for such school district for the\\nbase year pursuant to section twenty-eight hundred fifty-six of this\\nchapter, multiplied by (ii) the positive difference, if any, of the\\nnumber of resident pupils enrolled in the charter school in the year two\\nyears prior to the base year less the number of resident pupils enrolled\\nin a charter school in the year three years prior to the base year,\\nprovided, however, that a school district shall be eligible for an\\napportionment pursuant to this paragraph only if the number of its\\nresident pupils enrolled in charter schools in the year two years prior\\nto the base year exceeds two percent of the total resident public school\\ndistrict enrollment of such school district in the year two years prior\\nto the base year or the total general fund payments made by such\\ndistrict to charter schools in the year two years prior to the base year\\nfor resident pupils enrolled in charter schools exceeds two percent of\\nthe total general fund expenditures of such district in the year two\\nyears prior to the base year.\\n (d) For purposes of this subdivision the number of pupils enrolled in\\na charter school shall not include pupils enrolled in a charter school\\nfor which the charter was approved by a charter entity contained in\\nparagraph a of subdivision three of section twenty-eight hundred\\nfifty-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602-B", "title" : "Apportionment of moneys to school districts employing fewer than eight teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-15", "2025-01-10" ], "docLevelId" : "3602-B", "activeDate" : "2014-09-22", "sequenceNo" : 1164, "repealedDate" : null, "fromSection" : "3602-B", "toSection" : "3602-B", "text" : " § 3602-b. Apportionment of moneys to school districts employing fewer\\nthan eight teachers. 1. Notwithstanding any other provision of law, each\\nschool district of the state employing fewer than eight teachers shall\\nreceive its apportionment of public money payable during the school year\\ncommencing July first, nineteen hundred sixty-three and during\\nsubsequent school years pursuant to the provisions of this section. Such\\napportionment shall be computed by applying the state sharing ratio of\\nthe district computed in the same manner as provided in section\\nthirty-six hundred two of this article to the approved operating expense\\nof the school district for operating purposes and for transportation.\\n a. Approved operating expense shall be for the year prior to the base\\nyear as defined in section thirty-six hundred two of this article and\\nshall be determined in the same manner provided in such section,\\nprovided, however, that the amount so approved shall not exceed the sum\\nof (1) four thousand five hundred dollars multiplied by the lesser of\\nthe number of full-time teachers employed during such year prior to the\\nbase year or seven and (2) weighted average daily attendance as defined\\nin section thirty-six hundred two of this article for the base year\\nmultiplied by the sum of sixty dollars plus an amount computed by\\nmultiplying ninety cents by such weighted average daily attendance. Any\\nsuch district employing three or more teachers shall be permitted to use\\nthe weighted average daily attendance averaged over the three year\\nperiod immediately preceding the current year as defined in section\\nthirty-six hundred two of this article.\\n b. Approved transportation expense shall be for the base year and\\nshall be determined in the same manner as provided in subdivision seven\\nof section thirty-six hundred two of this chapter.\\n 2. If the local revenue provided by any such school district in the\\ncurrent year, as defined in section thirty-six hundred two of this\\narticle, inclusive of its local nonproperty tax receipts, is less than\\nthe amount which could be raised by a tax at the rate specified in this\\nsection on its actual valuation as defined in such section, the\\napportionment for such current year shall be reduced by the amount which\\nsuch local revenue is less than the amount which could be raised at such\\nrate. The rate for the school year two thousand seven--two thousand\\neight and thereafter shall be the local tax factor established pursuant\\nto subdivision four of section thirty-six hundred two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602-C", "title" : "Apportionment of moneys to school districts for the provision of services to pupils attending nonpublic schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "3602-C", "activeDate" : "2014-09-22", "sequenceNo" : 1165, "repealedDate" : null, "fromSection" : "3602-C", "toSection" : "3602-C", "text" : " § 3602-c. Apportionment of moneys to school districts for the\\nprovision of services to pupils attending nonpublic schools. 1.\\nDefinitions. As used in this section the following terms are defined as\\nfollows:\\n a. \"Services\" shall mean instruction in the areas of gifted pupils,\\ncareer education and education for students with disabilities, and\\ncounseling, psychological and social work services related to such\\ninstruction provided during the regular school year for pupils enrolled\\nin a nonpublic school located in a school district, provided that such\\ninstruction is given to pupils enrolled in the public schools of such\\ndistrict.\\n b. \"Gifted pupils\" shall mean those pupils who show evidence of high\\nperformance capability and exceptional potential in areas such as\\ngeneral intellectual ability, special academic aptitude, and outstanding\\nability in visual and performing arts. Such definition shall include\\nthose children who require educational programs or services beyond those\\nnormally provided by the regular school program in order to realize\\ntheir full potential.\\n c. \"Career education\" shall mean training or retraining designed to\\nprepare individuals who are entitled to attend the public schools of the\\nstate without the payment of tuition pursuant to section thirty-two\\nhundred two of the education law for gainful employment as semi-skilled\\nor skilled workers or technicians or subprofessionals in recognized\\noccupations and in new or emerging occupations or to prepare pupils for\\nenrollment in advanced technical education programs, but excluding any\\nprogram to prepare pupils for employment in occupations which generally\\nare considered professional or which require a baccalaureate or higher\\ndegree; such training generally being grouped within the occupational\\nfields of agriculture, business, distributive, health, home economics\\nrelated, trade and technical education.\\n d. \"Education for students with disabilities\" shall mean special\\neducational programs designed to serve persons who meet the definition\\nof children with disabilities set forth in subdivision one of section\\nforty-four hundred one of this chapter.\\n e. \"Average daily attendance\" shall mean the total number of\\nattendance days of pupils receiving services divided by the number of\\ndays the public school was in session for each attendance period. For\\neach such attendance period the total number of attendance days for each\\nsuch pupil shall be determined by multiplying the number of days on\\nwhich each such pupil was in attendance by the ratio obtained by\\ndividing the number of class periods of each such pupil by the total\\nnumber of class periods, not to exceed five, operated by the public\\nschool during the school day. Only pupils residing in this state shall\\nbe included in such computation.\\n * f. \"School district of location\" means the school district in which\\nthe nonpublic elementary or secondary school attended by the student is\\nlocated.\\n * NB Repealed June 30, 2015\\n * 2. a. Boards of education of all school districts of the state shall\\nfurnish services to students who are residents of this state and who\\nattend nonpublic schools located in such school districts, upon the\\nwritten request of the parent or person in parental relation of any such\\nstudent. Such a request for career education or services to gifted\\nstudents shall be filed with the board of education of the school\\ndistrict in which the parent or person in parental relation of the\\nstudent resides on or before the first day of June preceding the school\\nyear for which the request is made. In the case of education for\\nstudents with disabilities, such a request shall be filed with the\\ntrustees or board of education of the school district of location on or\\nbefore the first of June preceding the school year for which the request\\nis made, or by July first, two thousand seven for the two thousand\\nseven--two thousand eight school year only, provided that where a\\nstudent is first identified as a student with a disability after the\\nfirst day of June preceding the school year for which the request is\\nmade, or thirty days after the chapter of the laws of two thousand seven\\nwhich amended this paragraph, takes effect where applicable, and prior\\nto the first day of April of such current school year, such request\\nshall be submitted within thirty days after such student is first\\nidentified. For students first identified after March first of the\\ncurrent school year, any such request for education for students with\\ndisabilities in the current school year that is submitted on or after\\nApril first of such current school year, shall be deemed a timely\\nrequest for such services in the following school year.\\n b. (1) For the purpose of obtaining education for students with\\ndisabilities, as defined in paragraph d of subdivision one of this\\nsection, such request shall be reviewed by the committee on special\\neducation of the school district of location, which shall develop an\\nindividualized education service program for the student based on the\\nstudent's individual needs in the same manner and with the same contents\\nas an individualized education program. The committee on special\\neducation shall assure that special education programs and services are\\nmade available to students with disabilities attending nonpublic schools\\nlocated within the school district on an equitable basis, as compared to\\nspecial education programs and services provided to other students with\\ndisabilities attending public or nonpublic schools located within the\\nschool district. Review of the recommendation of the committee on\\nspecial education may be obtained by the parent or person in parental\\nrelation of the pupil pursuant to the provisions of section forty-four\\nhundred four of this chapter.\\n (2) In the event an individualized education program for the two\\nthousand seven--two thousand eight school year is developed pursuant to\\nthis section by the committee on special education of the student's\\nschool district of residence prior to the effective date of this\\nsubparagraph, with the consent of the parent or person in parental\\nrelation, such school district shall forward such individualized\\neducation program to the committee on special education of the school\\ndistrict of location. Such individualized education program shall be\\ndeemed to be an individualized educational services program for purposes\\nof this subdivision, and the school district of location shall provide\\nthe services recommended in such individualized education program,\\nunless and until it is amended by its committee on special education in\\nthe manner prescribed by law. If, prior to the effective date of this\\nsubparagraph, a student suspected of having a disability has been\\nreferred to the committee on special education of the student's school\\ndistrict of residence the results of such evaluation, with the consent\\nof the parent or person in parental relation of the student, shall be\\nshared with the committee on special education of the school district of\\nlocation, which may adopt such evaluation as its own or conduct a new\\nevaluation in whole or in part.\\n (3) Notwithstanding any other provision of this section to the\\ncontrary, an individualized education program developed for the two\\nthousand six--two thousand seven school year shall continue to be in\\nfull force and effect and binding on the school districts through the\\nend of such school year. Such individualized education program shall be\\ndeemed an individualized educational services program for purposes of\\ndispute resolution.\\n c. Due process complaints relating to compliance of the school\\ndistrict of location with child find requirements, including evaluation\\nrequirements, may be brought by the parent or person in parental\\nrelation of the student pursuant to section forty-four hundred four of\\nthis chapter.\\n d. In the case of career education and education of gifted students,\\nthe school district of residence shall contract with the school district\\nin which the nonpublic school attended by the pupil is located, for the\\nprovision of services pursuant to this section.\\n * NB Effective until June 30, 2015\\n * 2. Boards of education of all school districts of the state shall\\nfurnish services to pupils who are residents of this state and who\\nattend nonpublic schools located in such school districts, upon the\\nwritten request of the parent, guardian or persons legally having\\ncustody of any such pupil. Such a request shall be filed with the board\\nof education of the school district in which the parent, guardian or\\npersons legally having custody of the pupil resides on or before the\\nfirst day of June preceding the school year for which the request is\\nmade; provided that, in the case of education for students with\\ndisabilities, where a student is first identified as a student with a\\ndisability after the first day of June preceding the school year for\\nwhich the request is made and prior to the first day of April of such\\ncurrent school year or when a student with a disability establishes\\nresidence in the school district after June first of the preceding year\\nand prior to April first of the current school year, such request shall\\nbe submitted within thirty days after such student is first identified\\nor establishes residence in the district, as applicable. For students\\nfirst identified or establishing residence after March first of the\\ncurrent school year, any such request for education for students with\\ndisabilities in the current school year that is submitted on or after\\nApril first of such current school year, shall be deemed a timely\\nrequest for such services in the following school year. For the purpose\\nof obtaining education for students with disabilities, as defined in\\nparagraph d of subdivision one of this section, such request shall be\\nreviewed by the committee on special education in accordance with the\\nprovisions of section forty-four hundred two of this chapter. Review of\\nthe recommendation of the committee on special education may be obtained\\nby the parent, guardian or persons legally having custody of the pupil\\npursuant to the provisions of section forty-four hundred four of this\\nchapter. Such school district shall contract with the school district in\\nwhich the nonpublic school attended by the pupil is located, for the\\nprovision of services pursuant to this section, except that in the case\\nof education for students with disabilities, the school district of\\nresidence may provide such services directly or by contract with the\\nschool district of location.\\n * NB Effective June 30, 2015\\n * 2-a. For the education for students with disabilities provided in\\nthe two thousand seven--two thousand eight school year and thereafter,\\nto the extent required by federal law, the school district of location\\nof a student with a disability shall be responsible for compliance with\\nthe requirements of paragraph ten of subsection (a) of section fourteen\\nhundred twelve of title twenty of the United States code, including but\\nnot limited to, equitable provision of services, child find and\\nconsultation requirements. The committee on special education of the\\nschool district of location shall be responsible for evaluation and\\npossible identification as a student with a disability of all students\\nattending nonpublic schools located within the school district,\\nincluding students who are not New York residents. The school district\\nof location shall expend a proportionate amount of its federal funds\\nmade available under part B of the individuals with disabilities\\neducation act for the provision of services to students with\\ndisabilities attending such nonpublic schools, including students who\\nare not New York residents, provided that such federal funds may not be\\nused for the cost of carrying out the child find requirement. School\\ndistricts shall obtain parental consent prior to the release of\\npersonally identifiable information concerning a student attending a\\nnonpublic school from records collected or maintained pursuant to part B\\nof the individuals with disabilities education act between such\\nstudent's school district of residence and school district of location.\\n * NB Repealed June 30, 2015\\n * 2-b. The school district of location shall provide special education\\nprograms and services to students with disabilities attending nonpublic\\nschools in the school district who are not New York residents to the\\nextent required under federal law and regulations and such students\\nshall not have an individual right to receive special education programs\\nand services pursuant to this section. The committee on special\\neducation shall develop services plans for such students in accordance\\nwith federal law and regulations. The provisions of subdivision two of\\nthis section shall not apply to such students, except that due process\\ncomplaints relating to compliance of the school district of location\\nwith child find requirements, including evaluation requirements, may be\\nbrought by the parent or person in parental relation of the student\\npursuant to section forty-four hundred four of this chapter.\\n * NB Repealed June 30, 2015\\n 2-c. Solely for the purpose of the provision of education for students\\nwith disabilities pursuant to this section and the computation of state\\naid for such education pursuant to section thirty-six hundred two of\\nthis article, a student in a home instruction program submitted by his\\nor her parent or person in parental relation for review pursuant to the\\nregulations of the commissioner shall be deemed to be a student enrolled\\nin and attending a nonpublic school eligible to receive services\\npursuant to subdivision two of this section; provided that such student\\nis entitled to attend the public schools without payment of tuition\\npursuant to subdivision one of section thirty-two hundred two of this\\nchapter and has an individualized home instruction plan that has been\\ndetermined by the superintendent of schools of the school district in\\nwhich the home school is located to be in compliance with the\\nregulations of the commissioner. The deadlines for submission of written\\nrequests for the education of students with disabilities set forth in\\nsubdivision two of this section shall apply to students in a home\\ninstruction program, except that such request may be submitted within\\nthirty days of a change in the student's school district of residence;\\nprovided that for services in the two thousand eight--two thousand nine\\nschool year only such written requests for students in a home\\ninstruction program shall be submitted by June thirtieth, two thousand\\neight, or within thirty days after the effective date of this\\nsubdivision, whichever is later, except where subdivision two of this\\nsection or this subdivision authorizes submission at a later date.\\nExcept as provided in this subdivision, a home school shall not be\\nconsidered a nonpublic school for any other purpose under this chapter.\\n 3. Boards of education, with the consent of the commissioner of\\neducation, are authorized to contract with boards of cooperative\\neducational services to provide the services required by this act.\\nPupils receiving services under the provisions of this subdivision shall\\nbe deemed public school pupils for the purpose of determining aid\\npursuant to section nineteen hundred fifty of the education law. Any\\nsuch pupil who attends a program offered by a board of cooperative\\neducational services, and who does not attend classes in the schools of\\nthe district furnishing services, shall not be included in computing\\naverage daily attendance in such district.\\n 4. Boards of education shall provide transportation for pupils\\nreceiving gifted or career education between the nonpublic school\\nattended by such pupils and the public school where such services are\\nprovided if the distance between the nonpublic school and the public\\nschool exceeds one-fourth of a mile, except that; boards of education\\nshall provide transportation for pupils receiving education for students\\nwith disabilities under the provisions of this section in accordance\\nwith the needs of each such pupil; and state aid for all such\\ntransportation shall be paid as though such transportation were\\nfurnished pursuant to the provisions of article eighty-nine of this\\nchapter, except that such aid shall be paid at the rate of ninety\\npercent of the actual cost of such transportation.\\n 5. Boards of education, teachers and other employees of public schools\\nshall not be liable for harm to pupils caused by others while such\\npupils are walking between public and nonpublic schools.\\n 6. Boards of education are authorized to determine by resolution which\\ncourses of instruction shall be offered, the eligibility of pupils to\\nparticipate in specific courses, and the admission of pupils. All pupils\\nin like circumstances shall be treated similarly.\\n * 7. a. Boards of education of districts providing career education\\nand gifted education services to non-resident students shall be entitled\\nto recover tuition from the district of residence of such students in\\naccordance with a formula promulgated by the commissioner by regulation.\\n b. In the case of the education for students with disabilities who are\\nresidents of New York, a school district of location providing services\\nto non-resident students shall be entitled to recover costs of services,\\ncosts of evaluation, and costs of committee on special education\\nadministration directly from the district of residence of the student if\\nconsent of the parent or person in parental relation is obtained to\\nrelease of personally identifiable information concerning their child.\\nIf such consent is not obtained, the school district of location shall\\nsubmit to the commissioner, in a form prescribed by the commissioner, a\\nclaim for costs of services, evaluation costs, and committee on special\\neducation administrative costs that includes the address of the\\nstudent's permanent residence, including the school district of\\nresidence, and a certification by officials of the nonpublic school\\nattended by the student that such address is the address of record of\\nsuch student. Upon certification by the commissioner of the amount of\\nsuch claim, the state comptroller shall deduct such amount from any\\nstate funds which become due to such school district of residence.\\n c. The amount charged by the school district of location for services,\\nevaluation, eligible due process costs and committee on special\\neducation administrative costs shall not exceed the actual cost to the\\nschool district of location, after deducting any costs paid with federal\\nor state funds. The commissioner shall adopt regulations prescribing a\\ndispute resolution mechanism that will be available to a school district\\nof residence where such district disagrees with the amount of tuition or\\ncosts charged by the school district of location.\\n * NB Effective until June 30, 2015\\n * 7. Boards of education of districts providing services to\\nnon-resident pupils shall be entitled to recover tuition from the\\ndistrict of residence of such pupils in accordance with a formula\\npromulgated by the commissioner of education by regulation.\\n * NB Effective June 30, 2015\\n 8. Average daily attendance, as computed under the provisions of this\\nsection, shall be included in the average daily attendance and average\\ndaily membership of the school district furnishing services for all\\npurposes under the provisions of section thirty-six hundred two of this\\nchapter, except that it shall not be used in the computation of resident\\nweighted average daily attendance or total wealth pupil units or total\\nwealth foundation pupil units or of aid ratios.\\n 9. Pupils enrolled in nonpublic schools for whom services are provided\\npursuant to the provisions of this section shall receive such services\\nin regular classes of the public school and shall not be provided such\\nservices separately from pupils regularly attending the public schools.\\n * 10. State and local funds provided by the district of residence\\npursuant to this section shall supplement and in no case shall supplant\\nthe proportionate amount of federal funds required to be expended by the\\nschool district in which the nonpublic school attended by the student is\\nlocated pursuant to the individuals with disabilities education act.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602-D", "title" : "Work-prep education program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2019-07-12" ], "docLevelId" : "3602-D", "activeDate" : "2014-09-22", "sequenceNo" : 1166, "repealedDate" : null, "fromSection" : "3602-D", "toSection" : "3602-D", "text" : " § 3602-d. Work-prep education program. 1. Legislative findings. The\\nlegislature recognizes that rapid technological advances and global\\neconomic competition demand increased levels of skilled career education\\npreparation and readiness on the part of youths entering the workforce.\\nEffective strategies reaching beyond the boundaries of traditional\\nschooling are necessary to provide early and sustained intervention by\\nparents, teachers, and educational institutions in the lives of\\nstudents. The establishment of a work-prep education program requiring\\nsystematic career education articulation agreements between secondary\\nschools and post-secondary educational institutions is such a strategy.\\nYouths participating in this program will develop the skills in liberal\\narts, basic academics, including literacy instruction, and career fields\\nnecessary to acquire an associate degree or certificate increasingly\\nrequired for positions in the workforce.\\n 2. Definitions. As used in this section:\\n (a) \"Articulation agreement\" shall mean a commitment between secondary\\nand post-secondary institutions to a program designed to provide\\nstudents with a non-duplicative sequence of courses leading to\\ncompetencies, as demonstrated by an associate degree or certificate, in\\nan occupationally oriented field.\\n (b) \"Disadvantaged\" shall mean individuals (other than handicapped\\nindividuals) who have economic or academic disadvantages and who require\\nspecial services and assistance in order to enable them to succeed in\\nwork-prep programs. Such term includes individuals who are: members of\\neconomically disadvantaged families as set forth in regulations\\npromulgated by the department pursuant to sections sixty-four hundred\\nfifty-one and sixty-four hundred fifty-two of this chapter or as set\\nforth in the Federal Job Training Partnership Act of nineteen hundred\\neighty-two (PL 97-300) (29 U.S.C.A. § 1501 et seq.); migrants;\\nindividuals who have limited English proficiency; and individuals who\\nare identified as potential dropouts from secondary school.\\n (c) \"Work-prep education program\" shall mean a combined secondary and\\npost-secondary program which: leads to an associate degree or\\ncertificate; provides preparation and establishes competencies in an\\noccupationally oriented field; and leads to employment.\\n (d) \"Occupationally oriented field\" shall mean applied science,\\nengineering, health sciences, mechanical or industrial arts, and/or home\\neconomics.\\n 3. Work-prep education program. (a) The commissioner shall, out of\\navailable funds pursuant to the Federal Carl D. Perkins Act (PL 98-524)\\nand/or its successor, provide grants on a competitive basis, to pay the\\ncost of activities authorized by this section to a consortia of:\\n (1) school districts, local education agencies and/or boards of\\ncooperative educational services serving secondary students; and\\n (2) post-secondary educational agencies which offer an associate\\ndegree program or certificate program.\\n (b) Each consortia interested in initiating a work-prep program shall\\nsubmit a five year plan for the development and implementation of\\nwork-prep activities. At a minimum, the plan shall contain the\\nfollowing:\\n (1) an articulation agreement between the participants in the\\nconsortium;\\n (2) linkages between the two years of secondary school preceding\\ngraduation and post-secondary study. Such linkage must incorporate a\\ncommon core of required proficiency in an occupationally oriented field\\nleading to an associate degree or certificate in a specific career\\nfield;\\n (3) the development of work-prep education program curriculum\\nappropriate to the needs of consortium participants, program\\nparticipants, and the business community;\\n (4) the development of specific measures to eliminate gender-based\\nbias in occupational recruitment, counseling, instruction, and placement\\nefforts;\\n (5) the provision of in-service training for counselors designed to\\nenable counselors to effectively: recruit students for work-prep\\nprograms; ensure the student's successful completion of such programs;\\nand assist in the student's employment placement; and\\n (6) performance standards creating measures for evaluating program\\nsuccess.\\n (c) The commissioner shall give special consideration to applications\\nwhich:\\n (1) provide for effective employment placement activities;\\n (2) demonstrate a commitment to continue such program activities;\\n (3) include the input of business, industry, labor unions, joint\\napprenticeship committees, and employers conducting registered\\napprenticeship programs, in its development; and\\n (4) address the issues of dropout prevention, disadvantaged youths,\\nand handicapped youths.\\n 4. Apportionment of funds. (a) Allowable costs under this section\\nshall include expenses related to the coordination, administration\\nand/or delivery of the work-prep program such as: costs of assessment,\\nguidance, and instructional materials; purchase of equipment; personal\\nservices associated with joint curriculum planning and development\\nactivities; and costs of in-service training for participating teachers\\nand guidance counselors.\\n (b) Moneys appropriated under this section shall be apportioned\\nensuring an equitable distribution of assistance throughout the state\\nand among both urban and rural participants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602-E", "title" : "Universal prekindergarten program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-04-21", "2017-07-07", "2017-08-18", "2018-04-27", "2018-07-06", "2019-04-19", "2020-04-17", "2021-04-23", "2022-04-15", "2023-01-20", "2023-05-12", "2023-07-07", "2024-04-26", "2024-05-31", "2024-07-12", "2026-05-29" ], "docLevelId" : "3602-E", "activeDate" : "2014-09-22", "sequenceNo" : 1167, "repealedDate" : null, "fromSection" : "3602-E", "toSection" : "3602-E", "text" : " § 3602-e. Universal prekindergarten program. 1. Definitions. For the\\npurposes of this section, the following terms shall have the following\\nmeanings:\\n a. \"School district\" shall mean all public school districts eligible\\nfor total foundation aid pursuant to subdivision four of section three\\nthousand six hundred two of this article, such term shall not include\\nboards of cooperative educational services.\\n b. \"Eligible agencies\" shall mean a provider of child care and early\\neducation, a day care provider, early childhood program or center, or\\ncommunity-based organization, including but not limited to approved\\npre-school special education programs, head start, and nursery schools\\nso long as the standards and qualifications set forth pursuant to\\nsubdivision twelve of this section have been met.\\n c. \"Eligible children\" shall mean resident children who are four years\\nof age on or before December first of the year in which they are\\nenrolled or who will otherwise be first eligible to enter public school\\nkindergarten commencing with the following school year.\\n d. \"Pre-kindergarten program plan\" shall mean a plan approved by the\\nboard of education or, in the case of a school district having a\\npopulation of one million or more, by the community superintendent and\\nthe chancellor that is designed to effectively serve eligible children\\ndirectly through the school district or through collaborative efforts\\nbetween the school district and an eligible agency or agencies.\\n e. \"Session\" shall mean one universal prekindergarten program class\\noperating pursuant to time, staff ratio and other regulatory\\nrequirements as set forth by the board of regents and the commissioner\\nfor such purpose.\\n 2. The commissioner is hereby authorized and directed to award grants\\nfor the establishment and implementation of a prekindergarten program to\\nserve eligible children.\\n 5. In any school district, other than the city school district of the\\ncity of New York, that seeks an apportionment pursuant to this section,\\nthe school district shall develop and submit an application pursuant to\\nthe rules and regulations adopted by the board of regents and the\\ncommissioner for such purpose. Such application shall be submitted by a\\ndate and in a form prescribed by the commissioner pursuant to\\nsubdivision eight of this section, including the program elements as\\nprovided for in subdivision seven of this section and shall be\\nconsistent with the plan adopted by the district.\\n a. If the school district chooses to coordinate proposals for\\nprekindergarten program services, it shall conduct a competitive process\\nin accordance with procedures set forth by the commissioner and with the\\nrequirements and regulations set forth in, and pursuant to, subdivisions\\nseven, eight and twelve of this section.\\n b. An application developed by coordinating proposals submitted by\\neligible agencies pursuant to a competitive process shall ensure\\ndelivery of prekindergarten program services in an effective, efficient\\nand non-duplicative manner.\\n c. The results of the competitive process for prekindergarten program\\nservices shall be made public at a regular meeting of the board of\\neducation. An eligible agency may request a written statement from the\\nboard of education stating why the application was not accepted.\\n d. Notwithstanding any other provision of law, the school districts\\nshall be authorized to enter any contractual or other arrangements\\nnecessary to implement the district's prekindergarten plan.\\n e. Not less than ten percent of the total grant award to the school\\ndistrict shall be set aside for collaborative efforts with eligible\\nagencies, provided that the commissioner may waive such set aside\\nrequirement based upon documented evidence that the school district was\\nunable to use the set aside to make a collaborative arrangement that\\nwould meet all requirements of this subdivision because of\\nunavailability of eligible agencies willing to collaborate or other\\nfactors beyond the control of the school district, or for school\\ndistricts which have fully implemented a universal prekindergarten\\nprogram by serving all eligible four year olds in the nineteen hundred\\nninety-eight--ninety-nine school year and due to parental choice the ten\\npercent set aside requirement exceeds the total of the district's aid\\nper kindergarten pupil multiplied by the number of pre-kindergarten\\npupils in collaborative programs. In such cases, school districts shall\\nset aside, for collaborative efforts with eligible agencies, the total\\nof the district's aid per kindergarten pupil multiplied by the number of\\nprekindergarten pupils in collaborative programs.\\n f. Notwithstanding any other provisions of this section to the\\ncontrary, two or more school districts may submit a joint application to\\noperate a joint universal prekindergarten program. For purposes of\\nparagraph e of this subdivision and all other provisions of this section\\nexcept subdivision ten, all references to a school district shall be\\ndeemed a reference to all school districts participating in such joint\\nprogram as if they were a single district. For purposes of subdivision\\nten of this section, the grant award for the joint program shall be the\\nsum of the grant awards computed for each participating district\\npursuant to such subdivision ten.\\n 6. In the city school district of the city of New York, if a community\\nschool superintendent seeks to receive an apportionment pursuant to this\\nsection, the community school superintendent shall submit such plan to\\nthe chancellor for adoption, modification or rejection.\\n a. If the chancellor adopts such plan as submitted or as modified by\\nthe chancellor, the chancellor shall submit an application in accordance\\nwith subdivision five of this section.\\n b. If the chancellor rejects such plan, he or she shall notify the\\ncommunity superintendent in writing and shall state the reasons for such\\nrejection.\\n The community superintendent may modify and resubmit such application\\nto the chancellor for adoption.\\n 7. In order to receive approval from the commissioner to implement a\\nprekindergarten program, applications and proposals shall demonstrate\\nthat the program to be implemented contains, at a minimum, the following\\ncomponents:\\n a. provides for an age and developmentally appropriate curriculum and\\nactivities which are learner-centered;\\n b. provides for an assessment of the development of language,\\ncognitive and social skills;\\n c. ensures continuity in the program with instruction in the early\\nelementary grades;\\n d. encourages children to be self-assured and independent;\\n e. encourages the co-location and integration of children with special\\nneeds;\\n f. utilizes staff who meet the qualifications set forth pursuant to\\nthe rules of the board of regents;\\n g. provides for strong parental partnerships and involvement in the\\nimplementation of and participation in the plan;\\n h. provides staff development and teacher training for staff and\\nteachers in all settings in which prekindergarten services are provided\\npursuant to this section; and\\n i. establishes a method for selection of eligible children to receive\\nprekindergarten program services on a random selection basis where there\\nare more eligible children than can be served in a given school year,\\nprovided, however, that a school district that operated a targeted\\nprekindergarten program in the base year may use the selection process\\nestablished for such program.\\n 8. Each application for a prekindergarten program pursuant to this\\nsection shall be on a form prescribed by the commissioner and shall\\ninclude, but not be limited to:\\n a. a prekindergarten program plan identifying specific goals,\\nincluding how the district will expand its program to assure that all\\neligible children may be served, and a proposed timetable for the\\nimplementation and achievement of such goals;\\n b. a proposed budget and a description of the proposed use of the\\ngrant funds including the mechanism for the distribution of such funds;\\n c. the local share to be used, as defined by the commissioner, which\\nmay include resources which may be available from the community;\\n d. the participation and contribution of each of the collaborative\\npartners; and\\n e. a description of any costs associated with the administration of\\nthe program.\\n 9. a. Each year, the commissioner shall determine the maximum\\nallocation that each district would be eligible to receive pursuant to\\nthis section in the following school year based on pupil data on file\\nwith the commissioner on a date prescribed by the commissioner, and\\napplying the formula specified in subdivision ten of this section. No\\nlater than April thirtieth of the base year, the commissioner shall\\nnotify districts of the maximum allocations they may be eligible for\\npursuant to this section in the following school year, and such maximum\\nallocations shall be deemed final and not subject to change thereafter.\\n b. The board of regents and the commissioner shall develop criteria\\nfor awarding all grants pursuant to this section. The commissioner shall\\ngive preference to those applications which demonstrate innovative\\nmethods for serving eligible children, are strong collaborative\\narrangements which maximize, to the extent possible, the utilization of\\nexisting resources of the school district, eligible agencies and the\\ncommunity, have an immediate capacity for providing services, and which\\ncan most effectively address the prekindergarten needs of each of the\\neligible children.\\n 10. Universal prekindergarten aid. Notwithstanding any provision of\\nlaw to the contrary, for aid payable in the two thousand eight--two\\nthousand nine school year, the grant to each eligible school district\\nfor universal prekindergarten aid shall be computed pursuant to this\\nsubdivision, and for the two thousand nine--two thousand ten and two\\nthousand ten--two thousand eleven school years, each school district\\nshall be eligible for a maximum grant equal to the amount computed for\\nsuch school district for the base year in the electronic data file\\nproduced by the commissioner in support of the two thousand nine--two\\nthousand ten education, labor and family assistance budget, provided,\\nhowever, that in the case of a district implementing programs for the\\nfirst time or implementing expansion programs in the two thousand\\neight--two thousand nine school year where such programs operate for a\\nminimum of ninety days in any one school year as provided in section\\n151-1.4 of the regulations of the commissioner, for the two thousand\\nnine--two thousand ten and two thousand ten--two thousand eleven school\\nyears, such school district shall be eligible for a maximum grant equal\\nto the amount computed pursuant to paragraph a of subdivision nine of\\nthis section in the two thousand eight--two thousand nine school year,\\nand for the two thousand eleven--two thousand twelve school year each\\nschool district shall be eligible for a maximum grant equal to the\\namount set forth for such school district as \"UNIVERSAL PREKINDERGARTEN\"\\nunder the heading \"2011-12 ESTIMATED AIDS\" in the school aid computer\\nlisting produced by the commissioner in support of the enacted budget\\nfor the 2011-12 school year and entitled \"SA111-2\", and for two thousand\\ntwelve--two thousand thirteen, two thousand thirteen--two thousand\\nfourteen and two thousand fourteen--two thousand fifteen school years\\neach school district shall be eligible for a maximum grant equal to the\\ngreater of (i) the amount set forth for such school district as\\n\"UNIVERSAL PREKINDERGARTEN\" under the heading \"2010-11 BASE YEAR AIDS\"\\nin the school aid computer listing produced by the commissioner in\\nsupport of the enacted budget for the 2011-12 school year and entitled\\n\"SA111-2\", or (ii) the amount set forth for such school district as\\n\"UNIVERSAL PREKINDERGARTEN\" under the heading \"2010-11 BASE YEAR AIDS\"\\nin the school aid computer listing produced by the commissioner on May\\nfifteenth, two thousand eleven pursuant to paragraph b of subdivision\\ntwenty-one of section three hundred five of this chapter, and provided\\nfurther that the maximum grant shall not exceed the total actual grant\\nexpenditures incurred by the school district in the current school year\\nas approved by the commissioner.\\n a. Each school district shall be eligible to receive a grant amount\\nequal to the sum of (i) its prekindergarten aid base plus (ii) the\\nproduct of its selected aid per prekindergarten pupil multiplied by the\\npositive difference, if any of the number of aidable prekindergarten\\npupils served in the current year, as determined pursuant to regulations\\nof the commissioner, less the base aidable prekindergarten pupils\\ncalculated pursuant to this subdivision for the two thousand seven--two\\nthousand eight school year, based on data on file for the school aid\\ncomputer listing produced by the commissioner in support of the enacted\\nbudget for the two thousand seven--two thousand eight school year and\\nentitled \"SA070-8\". Provided, however, that in computing an\\napportionment pursuant to this paragraph, for districts where the number\\nof aidable prekindergarten pupils served is less than the number of\\nunserved prekindergarten pupils, such grant amount shall be the lesser\\nof such sum computed pursuant to this paragraph or the maximum\\nallocation computed pursuant to subdivision nine of this section.\\n b. For purposes of paragraph a of this subdivision:\\n (i) \"Selected aid per prekindergarten pupil\" shall equal the greater\\nof (A) the product of five-tenths and the school district's selected\\nfoundation aid for the current year, or (B) the aid per prekindergarten\\npupil calculated pursuant to this subdivision for the two thousand\\nsix-two thousand seven school year, based on data on file for the school\\naid computer listing produced by the commissioner in support of the\\nenacted budget for the two thousand six--two thousand seven school year\\nand entitled \"SA060-7\"; provided, however, that in the two thousand\\neight--two thousand nine school year, a city school district in a city\\nhaving a population of one million inhabitants or more shall not be\\neligible to select aid per prekindergarten pupil pursuant to clause (A)\\nof this subparagraph;\\n (ii) \"Base aidable prekindergarten pupils\". \"Base aidable\\nprekindergarten pupils\" shall equal the sum of the base aidable\\nprekindergarten pupils calculated pursuant to this subdivision for the\\nbase year, based on data on file for the school aid computer listing\\nproduced by the commissioner in support of the enacted budget for the\\nbase year, plus the additional aidable prekindergarten pupils calculated\\npursuant to this subdivision for the base year, based on data on file\\nfor the school aid computer listing produced by the commissioner in\\nsupport of the enacted budget for the base year;\\n (iii) \"Unserved prekindergarten pupils\" shall mean the product of\\neighty-five percent multiplied by the positive difference, if any,\\nbetween the sum of the public school enrollment and the nonpublic school\\nenrollment of children attending full day and half day kindergarten\\nprograms in the district in the year prior to the base year less the\\nnumber of resident children who attain the age of four before December\\nfirst of the base year, who were served during such school year by a\\nprekindergarten program approved pursuant to section forty-four hundred\\nten of this chapter, where such services are provided for more than four\\nhours per day;\\n (iv) \"Additional aidable prekindergarten pupils\". For the two thousand\\nseven--two thousand eight through two thousand eight--two thousand nine\\nschool years, \"additional aidable prekindergarten pupils\" shall equal\\nthe product of (A) the positive difference, if any, of the unserved\\nprekindergarten pupils less the base aidable prekindergarten pupils\\nmultiplied by (B) the prekindergarten phase-in factor;\\n (v) the \"prekindergarten aid base\" shall mean the sum of the amounts\\nthe school district received for the two thousand six--two thousand\\nseven school year for grants awarded pursuant to this section and for\\ntargeted prekindergarten grants;\\n (vi) The \"prekindergarten phase-in factor\". For the two thousand\\neight--two thousand nine school year, the prekindergarten phase-in\\nfactor shall equal the positive difference, if any, of the pupil need\\nindex computed pursuant to subparagraph three of paragraph a of\\nsubdivision four of section thirty-six hundred two of this part less\\none, provided, however, that: (A) for any district where (1) the maximum\\nallocation computed pursuant to subdivision nine of this section for the\\nbase year is greater than zero and (2) the amount allocated pursuant to\\nthis subdivision for the base year, based on data on file for the school\\naid computer listing produced by the commissioner on February fifteenth\\nof the base year, pursuant to paragraph b of subdivision twenty-one of\\nsection three hundred five of this chapter, is greater than the positive\\ndifference, if any, of such maximum allocation for the base year less\\ntwenty-seven hundred, the prekindergarten phase-in factor shall not\\nexceed eighteen percent, and shall not be less than ten percent, and (B)\\nfor any district not subject to the provisions of clause (A) of this\\nsubparagraph where (1) the amount allocated pursuant to this subdivision\\nfor the base year is equal to zero or (2) the amount allocated pursuant\\nto this section for the base year, based on data on file for the school\\naid computer listing produced by the commissioner on February fifteenth\\nof the base year, pursuant to paragraph b of subdivision twenty-one of\\nsection three hundred five of this chapter, is less than or equal to the\\namount allocated pursuant to this section for the year prior to the base\\nyear, based on data on file for the school aid computer listing produced\\nby the commissioner on February fifteenth of the base year, pursuant to\\nparagraph b of subdivision twenty-one of section three hundred five of\\nthis chapter, the prekindergarten phase-in factor shall equal zero, and\\n(C) for any district not subject to the provisions of clause (A) or (B)\\nof this subparagraph, the prekindergarten phase-in factor shall not\\nexceed thirteen percent, and shall not be less than seven percent;\\n (vii) \"Base year\" shall mean the base year as defined pursuant to\\nsubdivision one of section thirty-six hundred two of this part.\\n c. Notwithstanding any other provision of this section, the total\\ngrant payable pursuant to this section shall equal the lesser of: (i)\\nthe total grant amounts computed pursuant to this subdivision for the\\ncurrent year, based on data on file with the commissioner as of\\nSeptember first of the school year immediately following or (ii) the\\ntotal actual grant expenditures incurred by the school district as\\napproved by the commissioner.\\n 11. Notwithstanding the provisions of subdivision ten of this section,\\nwhere the district serves fewer children during the current year than\\nthe lesser of the children served in the two thousand ten--two thousand\\neleven school year or its base aidable prekindergarten pupils computed\\nfor the two thousand seven--two thousand eight school year, the school\\ndistrict shall have its apportionment reduced in an amount proportional\\nto such deficiency in the current year or in the succeeding school year,\\nas determined by the commissioner, except such reduction shall not apply\\nto school districts which have fully implemented a universal\\npre-kindergarten program by making such program available to all\\neligible children. Expenses incurred by the school district in\\nimplementing a pre-kindergarten program plan pursuant to this\\nsubdivision shall be deemed ordinary contingent expenses.\\n 12. The board of regents and the commissioner shall be authorized to\\nadopt regulations to implement the provisions of this section and which\\nshall prescribe uniform quality standards for such prekindergarten\\nprograms. In developing such regulations, the board of regents and the\\ncommissioner shall consider and seek to coordinate any regulations which\\nmay currently be applicable to any existing programs or eligible\\nagencies. In addition, the regents when developing regulations shall\\nconsider and recognize the diversity of settings and models available\\nfor the delivery of prekindergarten programs operated by eligible\\nagencies in alternative settings, including libraries and community\\nbased organizations, that comply with this section. Such regulations\\nshall include but not be limited to:\\n a. minimum qualifications for personnel providing instructional and\\nother services in prekindergarten programs. In promulgating such\\nregulations, the commissioner and the board of regents shall take into\\naccount the availability of certified teachers and teaching assistants\\nto provide instruction in prekindergarten programs and shall consider\\nways to increase the pool of qualified personnel;\\n b. minimum curriculum standards that ensure that such programs have\\nstrong instructional content that is integrated with the school\\ndistrict's instructional program in grades kindergarten though twelve;\\n c. performance standards for prekindergarten programs, which shall\\ninclude procedures for assessing the performance of such programs and\\nestablishing mechanisms for tracking progress of such programs and\\nreporting such progress to parents of prekindergarten students and the\\npublic;\\n * d. transitional guidelines and rules which allow a program to meet\\nthe required staff qualifications and any other requirements set forth\\npursuant to this section and regulations adopted by the board of regents\\nand the commissioner;\\n * NB Effective June 30, 2017\\n * d-1. guidelines which allow personnel employed by an eligible agency\\nthat is collaborating with a school district to provide prekindergarten\\nservices and licensed by an agency other than the department, to meet\\nthe staff qualifications prescribed by the licensing or registering\\nagency; provided however, a written plan is established for\\nprekindergarten teachers to obtain a certificate valid for service in\\nearly childhood grades within five years after commencing employment, or\\nby June thirtieth, two thousand seventeen, whichever is later;\\n * NB Repealed June 30, 2017\\n * d-2. guidelines which allow personnel employed by an eligible agency\\nthat is collaborating with a school district to provide prekindergarten\\nservices and not licensed or registered by the department or other\\nagency, to meet the staff qualifications prescribed by such eligible\\nagency; provided however, a written plan is established for\\nprekindergarten teachers to obtain a certificate valid for service in\\nearly childhood grades within five years after commencing employment, or\\nby June thirtieth, two thousand seventeen, whichever is later;\\n * NB Repealed June 30, 2017\\n e. health and safety standards;\\n f. time requirements which reflect the needs of the individual school\\ndistricts for flexibility, but meeting a minimum weekly time\\nrequirement;\\n g. the staff/child ratio;\\n h. reasonable grounds and basis for the non-acceptance of a proposal\\nsubmitted to the school district when the proposal otherwise meets, to\\nthe extent applicable, all the regulations of the commissioner and the\\nrequirements set forth in this subdivision, as well as subdivisions\\nseven and eight of this section;\\n i. any other program components, such as health, nutrition or support\\nservices, which the regents deem appropriate and necessary for the\\nappropriate and effective implementation of a prekindergarten program;\\n j. a provision for a waiver of any inconsistent provisions of this\\nsection or the regulations implementing this section to allow school\\ndistricts that operated a targeted prekindergarten program in the two\\nthousand six--two thousand seven school year to continue to operate such\\nprogram pursuant to the regulations of the commissioner that applied to\\ntargeted prekindergarten programs in such school year; provided that,\\nnotwithstanding any other provision of this section to the contrary, the\\namounts allocated to such targeted prekindergarten program from grants\\nawarded pursuant to this section shall not exceed the amount of targeted\\nprekindergarten grant funds received by the district for the two\\nthousand six--two thousand seven school year;\\n k. a process by which a school district must submit an application;\\n l. a definition of the approved expenditures for which grant funds may\\nbe used, which shall include but not be limited to transportation\\nservices and lease expense or other appropriate facilities expenses; and\\n m. a process for the waiver of the time requirements established\\npursuant to this subdivision in order to authorize the operation of a\\nsummer universal prekindergarten program limited to the months of July\\nand August, upon a finding by the commissioner that the school district\\nis unable to operate the program during the regular school session\\nbecause of a lack of available space pursuant to regulations of the\\ncommissioner. Notwithstanding any other provision of this section to the\\ncontrary, such process shall provide for a reduction of the aid per\\nprekindergarten pupil payable for pupils served pursuant to such waiver\\nby one one-hundred eightieth of the aid per prekindergarten pupil\\ndetermined pursuant to paragraph a of subdivision ten or subparagraph\\n(i) of paragraph b of subdivision ten-a of this section for each day\\nless than one hundred eighty days that the summer program is in session.\\n 13. Each school district that has implemented a prekindergarten\\nprogram shall on an annual basis report to the board of regents, the\\ncommissioner, parents, teachers and the public on the status of such\\nprogram. Such annual report shall include a financial summary of the\\napproved expenditures of the program, as defined pursuant to paragraph l\\nof subdivision twelve of this section, setting forth the expenditures\\nfrom state, local and other revenue sources, and the district shall\\nmaintain documentation to insure that all grant funds are used for such\\napproved expenditures.\\n 14. On February fifteenth, two thousand, and annually thereafter, the\\ncommissioner and the board of regents shall include in its annual report\\nto the legislature, information on school districts receiving grants\\nunder this section; the amount of each grant; a description of the\\nprogram that each grant supports and an assessment by the commissioner\\nof the extent to which the program meets measurable outcomes required by\\nthe grant program or regulations of such commissioner; and any other\\nrelevant information. Such report shall also contain any recommendations\\nto improve or otherwise change the program.\\n 15. The commissioner shall also provide for a system for evaluation\\nand assessment of the prekindergarten programs which have been\\nimplemented to determine the short and long-term success, outcomes and\\neffects of the programs based on relevant and measurable performance\\nstandards. The commissioner shall prohibit the administration of\\ntraditional standardized tests, as defined in regulations issued by the\\ncommissioner, in prekindergarten programs; provided, however, that\\nnothing herein shall prohibit assessments in which students perform\\nreal-world tasks that demonstrate application of knowledge and skills or\\nassessments that are otherwise required to be administered by federal\\nlaw.\\n 16. The grant payable to a school district pursuant to this section in\\nthe current year shall be reduced by one one-hundred eightieth for each\\nday less than one hundred eighty days that the universal prekindergarten\\nclasses of the district were actually in session, except that the\\ncommissioner may disregard such reduction for any deficiency that may be\\ndisregarded in computing total foundation aid pursuant to subdivision\\nseven or eight of section thirty-six hundred four of this chapter and in\\naddition may disregard a reduction for any deficiency that is caused by\\na delay in the opening of public school classes due to extraordinarily\\nadverse weather conditions or other cause cited in such subdivision\\nseven of section thirty-six hundred four that results in cancellation of\\nthe prekindergarten program or of transportation to such program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602-EE", "title" : "Statewide universal full-day pre-kindergarten program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-04-21", "2017-07-07", "2017-08-18", "2018-04-27", "2018-07-06", "2019-04-19", "2019-07-05", "2020-04-17", "2020-07-03", "2021-04-23", "2022-04-15", "2022-07-08", "2023-05-12", "2023-07-07", "2024-04-26", "2024-05-31", "2024-07-12", "2025-05-16", "2025-07-04", "2026-06-05" ], "docLevelId" : "3602-EE", "activeDate" : "2014-09-22", "sequenceNo" : 1168, "repealedDate" : null, "fromSection" : "3602-EE", "toSection" : "3602-EE", "text" : " § 3602-ee. Statewide universal full-day pre-kindergarten program. 1.\\nThe purpose of the universal full-day pre-kindergarten program is to\\nincentivize and fund state-of-the-art innovative pre-kindergarten\\nprograms and to encourage program creativity through competition.\\n 2. All universal full-day pre-kindergarten programs shall demonstrate\\nquality on the following elements:\\n (a) curriculum;\\n (b) learning environment, materials and supplies;\\n (c) family engagement;\\n (d) staffing patterns;\\n (e) teacher education and experience;\\n (f) facility quality;\\n (g) physical well-being, health and nutrition; and\\n (h) partnerships with non-profit, community and educational\\ninstitutions.\\n 3. (a) The universal full-day pre-kindergarten program shall make\\nawards to (i) consolidated applications submitted by school districts\\nwhich include pre-kindergarten programs offered by schools, non-profit\\norganizations, community-based organizations, charter schools, libraries\\nand/or museums, which shall demonstrate geographic diversity within the\\narea to be served as well as diversity of providers; and (ii) non-profit\\norganizations, community-based organizations, charter schools, libraries\\nand museums, which may apply individually to the extent allowed under\\nparagraph (b) of this subdivision. Any consolidated application must\\ninclude, but is not limited to, the names of individual locations and\\nproviders, applicable licenses, facility lease information, and intended\\nstaffing plans and certifications.\\n (b) Prior to submission of a consolidated application, a school\\ndistrict shall widely solicit non-profit organizations, community-based\\norganizations, charter schools, libraries and museums located within the\\nschool district to be included in its application. The school district\\nshall notify any applicant who has been denied for inclusion in the\\nconsolidated application no later than two weeks prior to submission of\\nsuch application. Such eligible providers denied for inclusion may apply\\nindividually as provided in paragraph (a) of this subdivision.\\n (c) The department shall establish two application periods in advance\\nof a school year.\\n (d) Providers awarded slots under this section that they actually\\nutilized would continue to have such slots renewed in subsequent years\\nprovided the program meets quality standards and all applicable\\nrequirements.\\n 4. Programs that provide more stimulation, enhance child development\\nand demonstrate creative approaches to improve early childhood education\\nwill have a competitive advantage in the application process.\\n 5. The department shall develop a scoring system, which it shall use\\nto evaluate which applications shall be funded on a competitive basis\\nbased on merit and factors including but not limited to the criteria\\nlisted above and student and community need. Upon review of\\napplications, if the program is oversubscribed in any region or regions\\nof the state, the department shall notify the division of the budget,\\nwhich shall develop a plan for distribution of available slots within\\nany oversubscribed region. The subscription for the New York city region\\nis three hundred million dollars. The department shall allocate full-day\\npre-kindergarten conversion slots and new full-day pre-kindergarten\\nslots based on available funding and shall make payments upon\\ndocumentation of eligible expenditures in the base year, which shall be\\nlimited to the actual number of slots operated and paid on a per-pupil\\nbasis pursuant to subdivision fourteen of this section.\\n 6. The department shall develop a statewide inspection protocol, which\\nshall provide for annual inspections of all universal full-day\\npre-kindergarten providers, and shall develop a quality assurance\\nprotocol and physical plant review protocol for such reviews.\\n 7. Statewide universal full-day pre-kindergarten slots shall only be\\nawarded to support programs that provide instruction for at least five\\nhours per school day for the full school year and that otherwise comply\\nwith the rules and requirements pursuant to section thirty-six hundred\\ntwo-e of this part except as otherwise provided in this section.\\n 8. All teachers in the universal full-day pre-kindergarten program\\nshall meet the same teacher certification standards applicable to public\\nschools. Pre-kindergarten teachers providing instruction through this\\nsection shall possess:\\n (a) a teaching license or certificate valid for service in the early\\nchildhood grades; or\\n (b) a teaching license or certificate for students with disabilities\\nvalid for service in early childhood grades; or\\n (c) for eligible agencies as defined in paragraph b of subdivision one\\nof section thirty-six hundred two-e of this part that are not schools, a\\nbachelor's degree in early childhood education or a related field and a\\nwritten plan to obtain a certification valid for service in the early\\nchildhood grades as follows:\\n (i) for teachers hired on or after the effective date of this section\\nas the teacher for a universal full-day pre-kindergarten classroom,\\nwithin three years after commencing employment, at which time such\\ncertification shall be required for employment; and\\n (ii) for teachers hired by such provider prior to the effective date\\nof this section for other early childhood care and education programs,\\nno later than June thirtieth, two thousand seventeen, at which time such\\ncertification shall be required for employment.\\n 9. The process by which applicants submit proposals to collaborate\\nwith the school district or individually to the department, and the\\nrenewal process for such providers, shall take into account any record\\nof violations of health and safety codes and/or licensure or\\nregistration requirements. In addition, any agency that is cited for a\\nviolation classified as an \"imminent danger\" by the office of children\\nand family services or as a \"public health hazard\" by the New York city\\ndepartment of health and mental hygiene which is not immediately\\ncorrected and which is not of a life threatening or of a grave and\\nserious nature shall be suspended from the program and, upon final\\ndetermination of such violation by the regulating agency, suspended or\\nterminated from participating in the program under this section based on\\nthe severity of the violation. Provided further, that eligible agencies\\nwith a record of other serious or critical and/or repeated violations\\nthat pose a risk to health or safety shall, upon final determination of\\nsuch violations, be suspended or terminated from participating in the\\nprogram under this section, and the office of children and family\\nservices shall establish statewide standards for determining such\\ngrounds for such suspension or termination based on violations issued by\\nthe applicable regulatory agency.\\n 10. Notwithstanding any provision of law to the contrary, a universal\\nfull-day pre-kindergarten provider shall be inspected by the department,\\nthe school district with which it partners, if any, and its respective\\nlicensing, permitting, regulatory, oversight, registration or enrolling\\nagency or entity no fewer than two times per school year, at least one\\ninspection of which shall be performed by the eligible agency's\\nrespective licensing, permitting, regulatory, oversight, registration or\\nenrolling agency, as applicable.\\n 11. Facilities providing universal full-day pre-kindergarten under\\nthis section shall meet all applicable fire safety and building codes\\nand any applicable facility requirements of a state or local licensing\\nor registering agency and at all times shall maintain building and\\nclassroom space in a manner that ensures and protects the health and\\nsafety of students in all programs statewide, notwithstanding any\\nchanges in such applicable codes or requirements.\\n 12. Notwithstanding paragraph (a) of subdivision one of section\\ntwenty-eight hundred fifty-four of this chapter and paragraph (c) of\\nsubdivision two of section twenty-eight hundred fifty-four of this\\nchapter, charter schools shall be eligible to participate in universal\\nfull-day pre-kindergarten programs under this section, provided that all\\nsuch monitoring, programmatic review and operational requirements under\\nthis section shall be the responsibility of the charter entity and shall\\nbe consistent with the requirements under article fifty-six of this\\nchapter. The provisions of paragraph (b) of subdivision two of section\\ntwenty-eight hundred fifty-four of this chapter shall apply to the\\nadmission of pre-kindergarten students, except parents of\\npre-kindergarten children may submit applications for the two thousand\\nfourteen--two thousand fifteen school year by a date to be determined by\\nthe charter school upon selection to participate in the universal\\nfull-day pre-kindergarten program. The limitations on the employment of\\nuncertified teachers under paragraph (a-1) of subdivision three of\\nsection twenty-eight hundred fifty-four of this chapter shall apply to\\nall teachers from pre-kindergarten through grade twelve.\\n 13. Apportionments under this section shall only be used to supplement\\nand not supplant current local expenditures of federal, state or local\\nfunds on pre-kindergarten programs and the number of slots in such\\nprograms from such sources. Current local expenditures shall include any\\nlocal expenditures of federal, state or local funds used to supplement\\nor extend services provided directly or via contract to eligible\\nchildren enrolled in a universal pre-kindergarten program pursuant to\\nsection thirty-six hundred two-e of this part.\\n 14. (a) The award per pupil for an eligible entity pursuant to\\nsubdivision three of this section shall equal: (i) for each new full-day\\npre-kindergarten placement the lesser of the full-day pre-kindergarten\\nper pupil amount or the total approved expenditures per pupil and (ii)\\nfor each existing half-day pre-kindergarten placement converted into a\\nfull-day pre-kindergarten placement the lesser of (A) the positive\\ndifference of the full-day pre-kindergarten per pupil amount minus the\\ndistrict's selected aid per pre-kindergarten pupil pursuant to\\nsubparagraph (i) of paragraph b of subdivision ten of section thirty-six\\nhundred two-e of this part or (B) the positive difference of the total\\napproved expenditures per pupil minus the district's selected aid per\\npre-kindergarten pupil pursuant to subparagraph (i) of paragraph b of\\nsubdivision ten of section thirty-six hundred two-e of this part. Each\\nparticipating eligible entity pursuant to subdivision three of this\\nsection shall provide its expenses under this provision in a format\\nprescribed by the commissioner.\\n (b) For the purposes of this section, \"full-day pre-kindergarten per\\npupil amount\" shall mean (i) for pupils enrolled in programs where the\\nteacher of record for such pupil holds a teaching certificate issued by\\nthe commissioner in an appropriate certificate title, ten thousand\\ndollars, and (ii) for pupils enrolled in programs where the teacher of\\nrecord for such pupil does not hold a teaching certificate issued by the\\ncommissioner in an appropriate certificate title, seven thousand\\ndollars.\\n (c) For the purposes of this section, \"teacher of record\" shall mean\\nthe teacher who is primarily and directly responsible for a student's\\nlearning activities, as reported to the department in a manner\\nprescribed by the commissioner.\\n 15. Definitions. For the purpose of this section, the following\\ndefinitions shall apply:\\n (a) \"regions of the state\" shall mean:\\n (i) Capital Region: Includes Albany, Columbia, Greene, Rensselaer,\\nSaratoga, Schenectady, Warren, and Washington counties.\\n (ii) Central New York Region: Includes Cayuga, Cortland, Madison,\\nOnondaga and Oswego counties.\\n (iii) Finger Lakes Region: Includes Genesee, Livingston, Monroe,\\nOntario, Orleans, Seneca, Wayne, Wyoming and Yates counties.\\n (iv) Long Island Region: Includes Nassau and Suffolk counties.\\n (v) Mid-Hudson Region: Includes Dutchess, Orange, Putnam, Rockland,\\nSullivan, Ulster and Westchester counties.\\n (vi) Mohawk Valley Region: Includes Fulton, Herkimer, Montgomery,\\nOneida, Otsego and Schoharie counties.\\n (vii) New York City Region: Includes Bronx, Kings, New York, Queens\\nand Richmond counties.\\n (viii) North Country Region: Includes Clinton, Essex, Franklin,\\nHamilton, Jefferson, Lewis and St. Lawrence counties.\\n (ix) Southern Tier Region: Includes Broome, Chemung, Chenango,\\nDelaware, Schuyler, Steuben, Tioga and Tompkins counties.\\n (x) Western New York Region: Includes Allegany, Cattaraugus,\\nChautauqua, Erie and Niagara counties.\\n (b) \"community-based organization\" shall mean a provider of child care\\nand early education, a day care provider, early childhood program or\\ncenter, approved preschool special education program, Head Start or\\nother such community-based organization.\\n 16. The authority of the department to administer the universal\\nfull-day pre-kindergarten program shall expire June thirtieth, two\\nthousand sixteen; provided that the program shall continue and remain in\\nfull effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3602-F", "title" : "Apportionment of moneys to school districts that result from the partitioning of territory and formation of new school districts by distr...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18" ], "docLevelId" : "3602-F", "activeDate" : "2014-09-22", "sequenceNo" : 1169, "repealedDate" : null, "fromSection" : "3602-F", "toSection" : "3602-F", "text" : " § 3602-f. Apportionment of moneys to school districts that result from\\nthe partitioning of territory and formation of new school districts by\\ndistrict superintendents. Notwithstanding any other provision of law to\\nthe contrary, the apportionment of public money payable to school\\ndistricts resulting from the partitioning of territory and formation of\\nnew school districts pursuant to section twenty-two hundred eighteen of\\nthis chapter shall be computed pursuant to section thirty-six hundred\\ntwo of this article as adjusted by this section.\\n 1. Definitions. As used in this section the following terms shall be\\ndefined as follows: a. \"Combined data\" shall mean any data or reports\\nof factors specified in statute or regulation for the calculation and\\npayment of any apportionment of state aid during the current school year\\npursuant to this chapter that derive from the annual records of the\\npre-existing school district, the remaining school district or the new\\nschool district for any school year ending prior to the first complete\\nschool year commencing on or after partitioning of territory of the\\npre-existing school district and formation of the new and remaining\\nschool districts pursuant to section twenty-two hundred eighteen of this\\nchapter.\\n b. \"Partitioned data\" shall mean: (i) for the new school district, the\\nproduct of combined data multiplied by the quotient of the resident\\npublic school district enrollment during the current year of such new\\nschool district divided by the sum of the resident public school\\ndistrict enrollment during the current year of the new school district\\nand of the remaining school district, and (ii) for the remaining school\\ndistrict the product of combined data multiplied by the quotient of the\\nresident public school district enrollment during the current year of\\nsuch remaining school district divided by the sum of the resident public\\nschool district enrollment during the current year of the new school\\ndistrict and of the remaining school district.\\n c. \"Adjusted actual valuation\" shall mean the product of the actual\\nvaluation of the pre-existing school district, as defined in paragraph c\\nof subdivision one of section thirty-six hundred two of this article,\\nthat would have been used to compute aids apportioned to the\\npre-existing school district in the current school year if partitioning\\nhad not occurred, and the actual valuation adjustment factor.\\n d. \"Actual valuation adjustment factor\" shall mean (i) the quotient of\\nthe total taxable value of the assessment roll used by the school\\ndistrict claiming an apportionment pursuant to this section to levy\\ntaxes in the first complete school year commencing on or after\\npartitioning divided by the applicable equalization rate used to\\napportion such tax levy, divided by (ii) the sum of such quotients\\ncomputed for the new school district and for the remaining school\\ndistrict. Such factor shall be computed by the director of the office\\nof real property services based on reports to be submitted to the\\ndirector of real property services by the new school district and by the\\nremaining school district, in a format specified by the director, no\\nlater than thirty days after the levy of taxes for the first complete\\nschool year commencing on or after partitioning. The director of the\\noffice of real property services shall certify the value computed for\\nthe new school district and for the remaining school district to the\\ncommissioner no later than thirty days after the receipt of such\\nreports.\\n e. \"Adjusted income\" shall mean the product of the adjusted gross\\nincome of the pre-existing school district as set forth in paragraph k\\nof subdivision one of section thirty-six hundred two of this article,\\nthat would have been used to compute aids apportioned to the\\npre-existing school district in the current school year if partitioning\\nhad not occurred, and the actual valuation adjustment factor.\\n 2. Notwithstanding any other provision of this chapter, for the\\npurposes of computing any apportionment of state aid payable pursuant to\\nthis chapter to the new school district or to the remaining school\\ndistrict during the first complete school year commencing on or after\\npartitioning or any school year thereafter, the following factors used\\nin the apportionment and payment of aid to the new school district or to\\nthe remaining school district shall be used in lieu of the indicated\\nfactors for any calculations that are based pursuant to statute on such\\ndata for a school year ending prior to such first complete school year\\ncommencing on or after partitioning, except that where the commissioner\\ndetermines that more accurate data is available for actual valuation\\nand/or income, the commissioner shall use such more accurate data:\\n a. Adjusted actual valuation as defined in paragraph c of subdivision\\none of this section in lieu of actual valuation as defined in paragraph\\nc of subdivision one of section thirty-six hundred two of this article.\\n b. Adjusted income as defined in paragraph e of subdivision one of\\nthis section in lieu of adjusted gross income as set forth in paragraph\\nk of subdivision one of section thirty-six hundred two of this article.\\n 3. Notwithstanding any other provision of this chapter, for the\\npurposes of computing any apportionment of state aid payable pursuant to\\nthis chapter to the new school district or to the remaining school\\ndistrict during the first complete school year commencing on or after\\npartitioning or any school year thereafter, the following factors used\\nin the apportionment and payment of aid to the new school district or to\\nthe remaining school district shall be computed using combined data for\\nany calculations that are based pursuant to statute on such data for a\\nschool year ending prior to such first complete school year commencing\\non or after partitioning.\\n a. Percentage of pupils with special educational needs as defined in\\nsubparagraph one of paragraph e of subdivision one of section thirty-six\\nhundred two of this article.\\n b. Expense per pupil as defined in paragraph f of subdivision one of\\nsection thirty-six hundred two of this article.\\n c. Attendance ratio as defined in paragraph m of subdivision one of\\nsection thirty-six hundred two of this article.\\n d. Percent of eligible applicants for the free and reduced price lunch\\nprogram as defined in paragraph p of subdivision one of section\\nthirty-six hundred two of this article.\\n e. Sparsity factor as set forth in subparagraph (ii) of paragraph r of\\nsubdivision one of section thirty-six hundred two of this article.\\n f. Percentage of pupils with compensatory educational needs as defined\\nin paragraph t of subdivision one of section thirty-six hundred two of\\nthis article.\\n g. Tax effort ratio as defined in subparagraph one of paragraph a of\\nsubdivision sixteen of section thirty-six hundred two of this article.\\n h. Residential real property tax levy as defined in subparagraph three\\nof paragraph a of subdivision sixteen of section thirty-six hundred two\\nof this article.\\n i. School district basic contribution as defined in subdivision eight\\nof section forty-four hundred one of this chapter.\\n 4. Notwithstanding any other provision of this chapter, for the\\npurposes of computing any apportionment of state aid payable pursuant to\\nthis chapter to the new school district or to the remaining school\\ndistrict during the first complete school year commencing on or after\\npartitioning or any school year thereafter, the following factors used\\nin the apportionment of aid to the new school district or to the\\nremaining school district shall be computed using partitioned data for\\nany calculations that are based pursuant to statute on such data for a\\nschool year ending prior to such first complete school year commencing\\non or after partitioning:\\n a. Summer session pupils as defined in paragraph g of subdivision one\\nof section thirty-six hundred two of this article.\\n b. Comprehensive operating aids base as defined in paragraph j of\\nsubdivision one of section thirty-six hundred two of this article.\\n c. Enrollment, public school district enrollment, nonpublic school\\nenrollment, resident public school district enrollment, resident\\nnonpublic school district enrollment and additional public school\\nenrollment each as defined in paragraph n of subdivision one of section\\nthirty-six hundred two of this article.\\n d. Limited English proficient pupil count as defined in paragraph o of\\nsubdivision one of section thirty-six hundred two of this article.\\n e. Public excess cost aid base as defined in paragraph y of\\nsubdivision one of section thirty-six hundred two of this article.\\n f. Extraordinary needs aid base as defined in paragraph z of\\nsubdivision one of section thirty-six hundred two of this article.\\n g. Resident weighted average daily attendance as defined in\\nsubdivision two of section thirty-six hundred two of this article.\\n h. Adjusted average daily attendance as defined in subdivision two-a\\nof section thirty-six hundred two of this article.\\n i. Total wealth pupil units as defined in subdivision two-b of section\\nthirty-six hundred two of this article.\\n j. Approved transportation expense as defined in subdivision seven of\\nsection thirty-six hundred two of this article.\\n k. Total aidable pupil units as defined in subdivision eight of\\nsection thirty-six hundred two of this article.\\n l. Weighted pupils with handicapping conditions as defined in\\nsubparagraph b of paragraph one of subdivision nineteen of section\\nthirty-six hundred two of this article.\\n m. Number of declassified pupils as defined in paragraph seven of\\nsubdivision nineteen of section thirty-six hundred two of this article.\\n n. Approved expenses for instructional computer hardware and\\ntechnology equipment as defined in subdivision twenty-six of section\\nthirty-six hundred two of this article.\\n o. Approved expenses for instructional computer technology as defined\\nin subdivision twenty-six-a of section thirty-six hundred two of this\\narticle.\\n 5. In the event the effective date of a reorganization pursuant to\\nsection twenty-two hundred eighteen of this chapter is after July first\\nin any school year, or for any other grant or apportionment of aid not\\nreferenced in this section, aid shall be computed in the manner\\nprescribed in the regulations of the commissioner.\\n 6. Notwithstanding any provision of section three hundred fourteen of\\nthis chapter or paragraph a of subdivision fourteen of section\\nthirty-six hundred two of this article to the contrary, a school\\ndistrict that has been reorganized pursuant to section twenty-two\\nhundred eighteen of this chapter shall be eligible for apportionments of\\nbuilding aid pursuant to subdivision six of such section thirty-six\\nhundred two of this article and this section for the construction,\\nacquisition, reconstruction, rehabilitation or improvement of school\\nbuildings after a reorganization pursuant to section twenty-two hundred\\neighteen of this chapter despite any inconsistency between such\\nreorganization and the state plan for school reorganization. In\\naddition, following the partitioning of territory pursuant to section\\ntwenty-two hundred eighteen of this chapter, the remaining school\\ndistrict shall continue to be eligible to receive reorganization\\nincentive aid and/or reorganization incentive building aid for a prior\\nreorganization in accordance with subdivision fourteen of section\\nthirty-six hundred two of this article, except where such partitioning\\nreverses the prior reorganization for which such aid would be paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3604", "title" : "Conditions under which districts are entitled to apportionment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2016-07-08", "2017-08-18", "2019-12-13", "2020-06-19", "2023-09-15" ], "docLevelId" : "3604", "activeDate" : "2014-09-22", "sequenceNo" : 1170, "repealedDate" : null, "fromSection" : "3604", "toSection" : "3604", "text" : " § 3604. Conditions under which districts are entitled to\\napportionment. Apportionment of state funds shall be made subject to\\nthe following conditions:\\n 4. The apportionments provided for in section thirty-six hundred two\\nof this chapter are for the purpose of aiding school districts in paying\\nthe salaries of teachers and the cost of school maintenance, and the\\nsums so apportioned to such school districts shall be applied for such\\npurposes and such sums shall not in any case be placed in the city\\ntreasury of any city to the credit of the general fund of such city for\\nthe reduction of taxation therein, notwithstanding any provision to the\\ncontrary contained in the charter of such city or in any act relating to\\nsuch city or in any general, special or local law.\\n 5. a. State aid adjustments. All errors or omissions in the\\napportionment shall be corrected by the commissioner. Whenever a school\\ndistrict has been apportioned less money than that to which it is\\nentitled, the commissioner may allot to such district the balance to\\nwhich it is entitled. Whenever a school district has been apportioned\\nmore money than that to which it is entitled, the commissioner may, by\\nan order, direct such moneys to be paid back to the state to be credited\\nto the general fund local assistance account for state aid to the\\nschools, or may deduct such amount from the next apportionment to be\\nmade to said district, provided, however, that, upon notification of\\nexcess payments of aid for which a recovery must be made by the state\\nthrough deduction of future aid payments, a school district may request\\nthat such excess payments be recovered by deducting such excess payments\\nfrom the payments due to such school district and payable in the month\\nof June in (i) the school year in which such notification was received\\nand (ii) the two succeeding school years, provided further that there\\nshall be no interest penalty assessed against such district or collected\\nby the state. Such request shall be made to the commissioner in such\\nform as the commissioner shall prescribe, and shall be based on\\ndocumentation that the total amount to be recovered is in excess of one\\npercent of the district's total general fund expenditures for the\\npreceding school year. The amount to be deducted in the first year shall\\nbe the greater of (i) the sum of the amount of such excess payments that\\nis recognized as a liability due to other governments by the district\\nfor the preceding school year and the positive remainder of the\\ndistrict's unreserved fund balance at the close of the preceding school\\nyear less the product of the district's total general fund expenditures\\nfor the preceding school year multiplied by five percent, or (ii)\\none-third of such excess payments. The amount to be recovered in the\\nsecond year shall equal the lesser of the remaining amount of such\\nexcess payments to be recovered or one-third of such excess payments,\\nand the remaining amount of such excess payments shall be recovered in\\nthe third year. Provided further that, notwithstanding any other\\nprovisions of this subdivision, any pending payment of moneys due to\\nsuch district as a prior year adjustment payable pursuant to paragraph c\\nof this subdivision for aid claims that had been previously paid as\\ncurrent year aid payments in excess of the amount to which the district\\nis entitled and for which recovery of excess payments is to be made\\npursuant to this paragraph, shall be reduced at the time of actual\\npayment by any remaining unrecovered balance of such excess payments,\\nand the remaining scheduled deductions of such excess payments pursuant\\nto this paragraph shall be reduced by the commissioner to reflect the\\namount so recovered. The commissioner shall certify no payment to a\\nschool district based on a claim submitted later than three years after\\nthe close of the school year in which such payment was first to be made.\\nFor claims for which payment is first to be made in the nineteen hundred\\nninety-six--ninety-seven school year, the commissioner shall certify no\\npayment to a school district based on a claim submitted later than two\\nyears after the close of such school year. For claims for which payment\\nis first to be made in the nineteen hundred ninety-seven--ninety-eight\\nschool year and thereafter, the commissioner shall certify no payment to\\na school district based on a claim submitted later than one year after\\nthe close of such school year. Provided, however, no payments shall be\\nbarred or reduced where such payment is required as a result of a final\\naudit of the state. It is further provided that, until June thirtieth,\\nnineteen hundred ninety-six, the commissioner may grant a waiver from\\nthe provisions of this section for any school district if it is in the\\nbest educational interests of the district pursuant to guidelines\\ndeveloped by the commissioner and approved by the director of the\\nbudget.\\n b. Claims resulting from court orders or judgments. Any payment which\\nwould be due as the result of a court order or judgment shall not be\\nbarred, provided that, commencing January first, nineteen hundred\\nninety-six, such court order or judgment and any other data required\\nshall be filed with the comptroller within one year from the date of the\\ncourt order or judgment, and provided further that the commissioner\\nshall certify no payment to a school district for a specific school year\\nthat is based on a claim that results from a court order or judgement so\\nfiled with the comptroller unless the total value of such claim, as\\ndetermined by the commissioner, is greater than one percent of the\\nschool district's total revenues from state sources as previously\\nrecorded in the general fund and reported to the comptroller in the\\nannual financial report of the school district for such school year.\\n c. Payment of moneys due for prior years. State aid payments due for\\nprior years in accordance with the provisions of this subdivision shall\\nbe paid within the limit of the appropriation designated therefor\\nprovided, however, that each eligible claim shall be payable in the\\norder that it has been approved for payment by the commissioner, but in\\nno case shall a single claim draw down more than forty percent of the\\nappropriation so designated for a single year, and provided further that\\nno claim shall be set aside for insufficiency of funds to make a\\ncomplete payment, but shall be eligible for a partial payment in one\\nyear and shall retain its priority date status for appropriations\\ndesignated for such purposes in future years.\\n 6. The commissioner of education may also in his discretion excuse the\\ndefault of a trustee or a board of education in employing a teacher not\\nlegally qualified, legalize the time so taught and authorize the payment\\nof the salary of such teacher.\\n 7. No district shall be entitled to any portion of such school moneys\\non such apportionment unless the report of the trustees or board of\\neducation for the preceding school year shall show that the public\\nschools were actually in session in the district and taught by a\\nqualified teacher or by successive qualified teachers or by qualified\\nteachers for not less than one hundred eighty days. The moneys payable\\nto a school district pursuant to section thirty-six hundred nine-a of\\nthis chapter in the current year shall be reduced by one one-hundred\\neightieth of the district's total foundation aid for each day less than\\none hundred eighty days that the schools of the district were actually\\nin session, except that the commissioner may disregard such reduction,\\nup to five days, in the apportionment of public money, if he finds that\\nthe schools of the district were not in session for one hundred eighty\\ndays because of extraordinarily adverse weather conditions, impairment\\nof heating facilities, insufficiency of water supply, shortage of fuel,\\nlack of electricity, natural gas leakage, unacceptable levels of\\nchemical substances, or the destruction of a school building either in\\nwhole or in part, and if, further, the commissioner finds that such\\ndistrict cannot make up such days of instruction by using for the\\nsecondary grades all scheduled vacation days which occur prior to the\\nfirst scheduled regents examination day in June, and for the elementary\\ngrades all scheduled vacation days which occur prior to the last\\nscheduled regents examination day in June. For the purposes of this\\nsubdivision, \"scheduled vacation days\" shall mean days on which the\\nschools of the district are not in session and for which no prohibition\\nexists in subdivision eight of this section for them to be in session.\\n 7-a. Notwithstanding the provisions of subdivision seven of this\\nsection, for the two thousand eleven--two thousand twelve school year,\\nthe commissioner shall disregard such reduction, up to ten days, in the\\napportionment of public money, if the schools of the district were not\\nin session for one hundred eighty days because of extraordinarily\\nadverse weather conditions, federal declarations of natural disasters, a\\nstate disaster emergency as defined in section twenty of the executive\\nlaw, the closing of transportation routes pursuant to a declared local\\nstate of emergency, impairment of heating facilities, insufficiency of\\nwater supply, shortage of fuel, lack of electricity, or the destruction\\nof a school building either in whole or in part, and if, further, the\\ndistrict superintendent certifies that such district cannot make up such\\ndays of instruction by using for the secondary grades all scheduled\\nvacation days which occur prior to the first scheduled regents\\nexamination day in June, and for the elementary grades all scheduled\\nvacation days which occur prior to the last scheduled regents\\nexamination day in June; and if, further, the district superintendent\\ncertifies to the commissioner that to do so would imperil students,\\nfaculty and staff while repairs continue. For the purposes of this\\nsubdivision, \"scheduled vacation days\" shall mean days on which the\\nschools of the district are not in session and for which no prohibition\\nexists in subdivision eight of this section for them to be in session.\\n 7-b. Notwithstanding the provisions of subdivision seven of this\\nsection, for the two thousand twelve--two thousand thirteen school year,\\nthe commissioner shall disregard such reduction, up to ten days, in the\\napportionment of public money, if the schools of the district were not\\nin session for one hundred eighty days because of extraordinarily\\nadverse weather conditions, federal declarations of natural disasters, a\\nstate disaster emergency as defined in section twenty of the executive\\nlaw, the closing of transportation routes pursuant to a declared local\\nstate of emergency, impairment of heating facilities, insufficiency of\\nwater supply, shortage of fuel, lack of electricity, or the destruction\\nof a school building either in whole or in part, and if, further, the\\ndistrict superintendent certifies that such district cannot make up such\\ndays of instruction by using for the secondary grades all scheduled\\nvacation days which occur prior to the first scheduled regents\\nexamination day in June, and for the elementary grades all scheduled\\nvacation days which occur prior to the last scheduled regents\\nexamination day in June; and if, further, the district superintendent\\ncertifies to the commissioner that to do so would imperil students,\\nfaculty and staff while repairs continue. For the purposes of this\\nsubdivision, \"scheduled vacation days\" shall mean days on which the\\nschools of the district are not in session and for which no prohibition\\nexists in subdivision eight of this section for them to be in session.\\n 8. No school shall be in session on a Saturday or a legal holiday,\\nexcept general election day, Washington's birthday and Lincoln's\\nbirthday, and except that driver education classes may be conducted on a\\nSaturday. A deficiency not exceeding four days during any school year\\ncaused by teachers' attendance upon conferences held by superintendents\\nof schools of city school districts or other school districts employing\\nsuperintendents of schools shall be excused by the commissioner,\\nnotwithstanding any provision of law, rule or regulation to the\\ncontrary, a school district may elect to schedule such conference days\\nin the last two weeks of August, subject to collective bargaining\\nrequirements pursuant to article fourteen of the civil service law, and\\nsuch days shall be counted towards the required one hundred eighty days\\nof session, provided however, that such scheduling shall not alter the\\nobligation of the school district to provide transportation to students\\nin non-public elementary and secondary schools or charter schools. The\\ncommissioner shall excuse a deficiency not exceeding four days during\\nsuch school year caused by teachers' attendance upon conferences held by\\nsuch superintendents, provided that at least two such conference days\\nduring such school year shall be dedicated to staff attendance upon\\nconferences providing staff development relating to implementation of\\nthe new high learning standards and assessments, as adopted by the board\\nof regents. Notwithstanding any other provision of law, rule or\\nregulation to the contrary, school districts may elect to use one or\\nmore of such allowable conference days in units of not less than one\\nhour each to provide staff development activities relating to\\nimplementation of the new high learning standards and assessments. A\\ndistrict making such election may provide such staff development during\\nthe regularly scheduled daily session and apply such units to satisfy a\\ndeficiency in the length of one or more daily sessions of instruction\\nfor pupils as specified in regulations of the commissioner. The\\ncommissioner shall assure that such conference days include appropriate\\nschool violence prevention and intervention training, and may require\\nthat up to one such conference day be dedicated for such purpose.\\n 8-b. Notwithstanding the provisions of subdivision eight of this\\nsection, a trustee or board of trustees or a board of education of a\\nschool district having fewer than six hundred pupils in grades\\nkindergarten through twelve may provide for classes to be held on any\\nday of the week in connection with educational programs for the\\ndisadvantaged operated under the elementary and secondary education act;\\nprovided, however, no pupils or teachers shall be required to attend\\nsuch classes if they observe any such day as a Sabbath or a holy day in\\naccordance with the requirements of their religion.\\n 9. Whenever it shall appear that any school district has had an\\naverage daily attendance of five or less during the three years\\nimmediately preceding the first of July, if such district continues to\\nmaintain a school the succeeding year, it shall be entitled to receive\\nfor such year an amount equivalent to the average daily attendance of\\npupils in such district divided by fifteen and multiplied by the amount\\nit would be entitled to receive under the provisions of this chapter.\\nProvided, however, whenever the commissioner of education is satisfied\\nthat the closing of the school in any district is impracticable or that\\nthe cost to such district of contracting for the education of its pupils\\nwould exceed the cost involved in maintaining a school in the district\\nand such district maintains a school, he may apportion to such district\\nthe total amount of state aid to which it is entitled.\\n 10. No school district shall be eligible to receive the full\\napportionment of state aid to which it is entitled under other\\nprovisions of this chapter unless the trustees or board of education\\ncomply with the requirements of article eighty-nine of this chapter. If\\nthe trustees or board of education of a school district fail to comply\\nwith such requirements or reduce the programs provided thereunder below\\nthe corresponding programs provided during the school year commencing\\nJuly first, nineteen hundred sixty-one, except as a result of a\\nreduction in the number of pupils affected, the commissioner of\\neducation shall withhold from the full apportionment of such state aid\\nan amount equal to the difference between (i) the expenditures which he\\nestimates the district would have had to make or incur during the school\\nyear upon which such apportionments are based if the district had fully\\ncomplied with such requirements or if the district had maintained such\\nprograms, and (ii) the expenditures actually made or incurred by the\\ndistrict for such programs during the same school year.\\n 11. Notwithstanding any other provision of law, the commissioner shall\\nwithhold the general fund apportionment due to any school district when\\nsuch school district fails to submit by the date specified in section\\nthirty-six hundred one of this part the reports required by the\\ncommissioner to calculate such apportionments, until the time such\\nreports have been submitted in proper fashion.\\n 12. All the acts done and proceedings heretofore had and taken or\\ncaused to be had and taken by the Center Moriches Union Free School\\ndistrict and by all its officers or agents relating to or in connection\\nwith certain transportation contractual obligations for regular student\\ntransportation of the nineteen hundred ninety-nine--two thousand school\\nyear, which was part of the two thousand--two thousand one state aid\\nclaim submitted to the department by such school district, are hereby\\nlegalized, validated, ratified and confirmed, notwithstanding any\\nfailure to comply with the approval and filing provisions of this\\nchapter or any other law or any other statutory authority, rule or\\nregulation, other than those filing provisions defined in paragraph a of\\nsubdivision five of this section, in relation to any omission, error,\\ndefect, irregularity or illegality in such proceeding had and taken. For\\nthe purpose of those filing provisions defined in such paragraph a of\\nsubdivision five of this section, the district shall be deemed to have\\nfiled such contract within one year after the close of the two\\nthousand--two thousand one school year, and aid due and payable for such\\nfiling shall be deemed to be state aid payments due for prior years and\\nshall be paid pursuant to paragraph c of subdivision five of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3606", "title" : "Nonresident academic attendance; manner of certifying and paying apportionment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3606", "activeDate" : "2014-09-22", "sequenceNo" : 1171, "repealedDate" : null, "fromSection" : "3606", "toSection" : "3606", "text" : " § 3606. Nonresident academic attendance; manner of certifying and\\npaying apportionment. The commissioner of education immediately after\\nmaking an apportionment shall certify, or cause to be certified, to the\\ntreasurer, if there be one, otherwise to the disbursing officer or\\ncollector of each school district or academy included in such\\napportionment, except those located within the territory of the city of\\nNew York, the amount of money which has been allotted to each said\\nschool district or academy. The payment of said allotment shall be made\\nby the commissioner of taxation and finance directly to the treasurer,\\nif there be one, otherwise to the disbursing officer or collector of\\neach school district or academy named in the certificate of the\\ncommissioner of education. Any apportionment which shall be made to the\\ncity school district of the city of New York shall be certified and paid\\nto the commissioner of finance of the city of New York, and any\\napportionment which shall be made to any private academy situated within\\nthe territory of the city of New York, shall be certified and paid\\ndirectly to the disbursing officer of the academy to which the\\napportionment is made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3607", "title" : "Manner of payment of moneys apportioned", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3607", "activeDate" : "2014-09-22", "sequenceNo" : 1172, "repealedDate" : null, "fromSection" : "3607", "toSection" : "3607", "text" : " § 3607. Manner of payment of moneys apportioned. Upon the audit of\\nvouchers certified by the commissioner of education, the comptroller\\nshall draw his warrant on the commissioner of taxation and finance for\\npayment of any moneys apportioned for the support of common schools.\\nSuch payment shall be made to the treasurer, if there be one, otherwise\\nto the disbursing officer or collector of each school district, and to\\nthe commissioner of finance of the city of New York for the city school\\ndistrict of the city of New York, through the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3608", "title" : "Certificate of apportionment by commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3608", "activeDate" : "2014-09-22", "sequenceNo" : 1173, "repealedDate" : null, "fromSection" : "3608", "toSection" : "3608", "text" : " § 3608. Certificate of apportionment by commissioner of education. As\\nsoon as possible after the making of any annual or general or\\nsupplemental apportionment, the commissioner of education shall certify\\nit, or cause it to be certified, to the district superintendents, city\\ntreasurer or chamberlain of each city school district of a city having\\none hundred twenty-five thousand inhabitants or more according to the\\nlatest federal census, the city school district treasurer of every other\\ncity school district, and the treasurer, if there be one, otherwise to\\nthe disbursing officer or collector of each school district included in\\nsuch apportionment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3609-A", "title" : "Moneys apportioned, when and how payable commencing July first, two thousand seven", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2016-07-08", "2017-04-21", "2017-07-07", "2017-08-18", "2018-04-27", "2018-07-06", "2019-04-19", "2019-07-05", "2020-04-17", "2020-07-03", "2021-04-23", "2022-04-15", "2022-07-08", "2023-05-12", "2023-07-07", "2024-04-26", "2024-05-31", "2024-07-12", "2025-05-16", "2025-07-04", "2026-06-05" ], "docLevelId" : "3609-A", "activeDate" : "2014-09-22", "sequenceNo" : 1174, "repealedDate" : null, "fromSection" : "3609-A", "toSection" : "3609-A", "text" : " § 3609-a. Moneys apportioned, when and how payable commencing July\\nfirst, two thousand seven. For aid payable in the two thousand\\nseven--two thousand eight school year through the two thousand\\nthirteen--two thousand fourteen school year, \"moneys apportioned\" shall\\nmean the lesser of (i) the sum of one hundred percent of the respective\\namount set forth for each school district as payable pursuant to this\\nsection in the school aid computer listing for the current year produced\\nby the commissioner in support of the budget which includes the\\nappropriation for the general support for public schools for the\\nprescribed payments and individualized payments due prior to April first\\nfor the current year plus the apportionment payable during the current\\nschool year pursuant to subdivision six-a and subdivision fifteen of\\nsection thirty-six hundred two of this part minus any reductions to\\ncurrent year aids pursuant to subdivision seven of section thirty-six\\nhundred four of this part or any deduction from apportionment payable\\npursuant to this chapter for collection of a school district basic\\ncontribution as defined in subdivision eight of section forty-four\\nhundred one of this chapter, less any grants provided pursuant to\\nsubparagraph two-a of paragraph b of subdivision four of section\\nninety-two-c of the state finance law, less any grants provided pursuant\\nto subdivision twelve of section thirty-six hundred forty-one of this\\narticle, or (ii) the apportionment calculated by the commissioner based\\non data on file at the time the payment is processed; provided however,\\nthat for the purposes of any payments made pursuant to this section\\nprior to the first business day of June of the current year, moneys\\napportioned shall not include any aids payable pursuant to subdivisions\\nsix and fourteen, if applicable, of section thirty-six hundred two of\\nthis part as current year aid for debt service on bond anticipation\\nnotes and/or bonds first issued in the current year or any aids payable\\nfor full-day kindergarten for the current year pursuant to subdivision\\nnine of section thirty-six hundred two of this part. The definitions of\\n\"base year\" and \"current year\" as set forth in subdivision one of\\nsection thirty-six hundred two of this part shall apply to this section.\\nFor aid payable in the two thousand fourteen--two thousand fifteen\\nschool year, reference to such \"school aid computer listing for the\\ncurrent year\" shall mean the printouts entitled \"SA141-5\".\\n 1. General support for public schools (GSPS) appropriation. The GSPS\\nappropriation shall be used to support payments made pursuant to this\\nsection, plus apportionments made pursuant to section seven hundred one,\\nseven hundred eleven, seven hundred fifty-one, seven hundred\\nfifty-three, thirty-two hundred two, thirty-six hundred nine-b,\\nthirty-six hundred forty-one and forty-four hundred five of this\\nchapter, any other applicable allocations made pursuant to this chapter,\\nbut not paid pursuant to the schedule prescribed by this section or\\nsections thirty-six hundred nine-b, thirty-six hundred nine-d or\\nthirty-six hundred nine-f of this article; plus any unconsolidated law\\nprovisions which apply to programs funded from such appropriation; plus\\nany sums paid out upon audit of the state comptroller as final\\nadjustments of apportionments originally claimed and payable pursuant to\\nthis subdivision in prior school years; plus sums paid out as prior year\\nadjustments, to the extent an allowance was included in such\\nappropriation for such purpose. Any apportionments provided by this\\nchapter shall be paid in accordance with this section unless\\nspecifically exempted.\\n a. Prescribed payments. (1) District payments to the teachers'\\nretirement system. Of the moneys apportioned by the commissioner to\\nschool districts for the current year, after the payment of lottery aid\\nin accordance with subparagraph two of this paragraph, an amount not to\\nexceed one-third of the amount owed by such school district to the New\\nYork state teachers' retirement system for salaries paid in the base\\nyear or for other obligations pursuant to section five hundred\\ntwenty-one of this chapter shall be payable to such teachers' retirement\\nsystem on behalf of the school district on or before the fifteenth day\\nof each of the months of September, October and November, except that\\nspecial payments due such teachers' retirement system shall be payable\\non or before the fifteenth day of October. Any underpayment resulting\\nfrom data changes shall be payable from spring payments. Any portion of\\nthe payments due such teachers' retirement system that exceed the\\nremainder of the moneys to be apportioned to the school district shall\\nbe made directly by the school district to the system.\\n (2) Lottery apportionment. Of the estimated moneys to be apportioned\\nby the commissioner to school districts for the current year, that\\nportion payable pursuant to section ninety-two-c of the state finance\\nlaw, exclusive of the minimum lottery grant provided for the purchase of\\ntextbooks pursuant to subparagraph one of paragraph b of subdivision\\nfour of section ninety-two-c of such law and the lottery grant provided\\npursuant to subparagraph two-a of paragraph b of subdivision four of\\nsection ninety-two-c of the state finance law, shall be payable on or\\nbefore the last state business day of September.\\n (3) Lottery textbook apportionment. The minimum lottery grant provided\\nfor the purchase of textbooks pursuant to subparagraph one of paragraph\\nb of subdivision four of section ninety-two-c of the state finance law,\\nshall be payable on or before the last state business day of September.\\n (4) Fixed fall payments. Of the moneys apportioned remaining to be\\npaid to school districts for the current year after deductions are made\\nfor the purpose of subparagraph one of this paragraph, districts shall\\nbe eligible to receive payments determined as follows: (i) on or before\\nOctober fifteenth, an estimated twelve and one-half percent of such\\nremaining amount minus the amount paid pursuant to subparagraph two of\\nthis paragraph; (ii) on or before November fifteenth, an estimated\\neighteen and seventy-five one hundredths percent of such remaining\\namount minus the sum of the amounts paid pursuant to clause (i) of this\\nsubparagraph and subparagraph two of this paragraph; and (iii) on or\\nbefore December fifteenth, an estimated twenty-five percent of such\\nremaining amount minus the sum of the amounts paid pursuant to clauses\\n(i) and (ii) of this subparagraph and subparagraph two of this\\nparagraph. Such amounts shall be payable only to the extent that reports\\ndue the commissioner have been filed.\\n (5) Remaining apportionment. The remaining moneys apportioned for the\\ncurrent year after deductions are made for the purposes of subparagraphs\\none, two and four of this paragraph, shall be payable pursuant to\\nparagraph b of this subdivision to the extent that reports due the\\ncommissioner have been filed.\\n b. Individualized payments. (1) District expenditure need. To\\ndetermine the payments a district shall be eligible to receive under\\nthis paragraph, a district expenditure need shall be computed, based on\\nestimated data on file with the commissioner as of December first, which\\nshall equal the general fund expenditures for the base year (i) minus\\nthe sum of base year aids and grants recorded as revenue to such general\\nfund but not payable pursuant to this section; (ii) minus the district's\\nbase year general fund expenditures to the New York state teachers'\\nretirement system; (iii) minus that portion of the district's base year\\ngeneral fund expenditures for debt service eligible for an apportionment\\npursuant to subdivision six of section thirty-six hundred two of this\\nchapter plus such general fund expenditures for debt service for the\\ncurrent year; and (iv) minus current year aid pursuant to subparagraphs\\ntwo and four of paragraph a of this subdivision.\\n (2) Payment amounts. For remaining aid payments due prior to July,\\nmoneys apportioned shall be determined based on preliminary aid data on\\nfile with the commissioner on December first, provided that such\\ncommissioner shall recompute such amounts designated for the month of\\nJune based on aid data on file with the commissioner as of May first.\\n(i) January amount. If the aid payable under this paragraph exceeds\\nfifty percent of the expenditure need of the district, then such excess\\namount shall be designated for the month of January. (ii) February\\namount. If such aid, minus any aid payable pursuant to clause (i) of\\nthis subparagraph, exceeds forty percent of such expenditure need, then\\nsuch excess amount shall be designated for the month of February. (iii)\\nMarch amount. If such aid, minus any aid payable pursuant to clauses (i)\\nand (ii) of this subparagraph, exceeds thirty percent of such\\nexpenditure need, then such excess amount shall be designated for the\\nmonth of March. (iv) April amount. If such aid, minus any aid payable\\npursuant to clauses (i), (ii) and (iii) of this subparagraph, exceeds\\ntwenty percent of the expenditure need of the district, then such excess\\namount shall be designated for the month of April. (v) May amount. If\\nsuch aid, minus any aid payable pursuant to clauses (i), (ii), (iii) and\\n(iv) of this subparagraph, exceeds ten percent of such expenditure need,\\nthen such excess amount shall be designated for the month of May. (vi)\\nJune amount. Any moneys apportioned not designated pursuant to clauses\\n(i), (ii), (iii), (iv) and (v) of this subparagraph shall be designated\\nfor the month of June.\\n (3) Payments. (i) Winter payments. The amounts designated for January,\\nFebruary and March pursuant to clauses (i), (ii) and (iii) of\\nsubparagraph two of this paragraph shall be paid on or before the last\\nstate business day of such months.\\n (ii) Sustaining advance payments. In order to sustain all advance\\npayments made in previous school years pursuant to subparagraph five of\\nthis paragraph or the comparable provisions of section thirty-six\\nhundred nine of this article, the commissioner shall establish a\\nschedule to distribute the sustaining advance payment amount among\\nschool districts. Such sustaining advance payments due to school\\ndistricts shall be, first, in the same proportion as such school\\ndistrict's share bears to the total moneys designated for payment in the\\nmonth of April, second, as a share of the total moneys designated for\\nMay and last, if applicable, as a share of the total moneys designated\\nfor June to all such school districts pursuant to clauses (iv), (v), and\\n(vi) of subparagraph two of this paragraph. The sustaining advance\\npayment due shall be deducted first from a school district's designated\\namount for April, then from a school district's designated amount for\\nMay and finally from any moneys due in June. The commissioner shall\\ntransmit a schedule to the comptroller, the director of the budget and\\nthe chairs of the legislative fiscal committees displaying for each\\ndistrict, the sustaining advance payment due, the portion of such amount\\nto be withheld pursuant to subparagraph four of this paragraph and the\\nremainder, if any, to be paid to the school district on or before March\\nthirty-first.\\n (iii) Determining final payment for the state fiscal year. Prior to\\ntransmitting the March payment to the state comptroller, based on\\ncurrent year, base year and prior school year state aid payments made or\\nscheduled to be made from the general support for public schools\\nappropriations for the state fiscal year ending March thirty-first, the\\ncommissioner shall determine the extent to which the amount designated\\nfor June pursuant to clause (vi) of subparagraph two of this paragraph,\\nas adjusted in accordance with clause (ii) of this subparagraph, net of\\nany disallowances, would need to be advanced and paid on or before March\\nthirty-first in order to use the remainder of such appropriations,\\nexcluding amounts assigned to the department of health pursuant to\\nsubdivision one of section thirty-six hundred nine-b of this article, on\\nor before March thirty-first, or to the extent to which the amount\\ndesignated for March would need to be proportionally reduced so as not\\nto exceed such state fiscal year appropriations. The commissioner shall\\nreport the amount of money required to be advanced or deferred and the\\npercent it represents of the June or March amounts, as the case may be,\\nto the director of the budget, the chairperson of the senate finance\\ncommittee and the chairperson of the assembly ways and means committee.\\nTo the extent that moneys are advanced or deferred pursuant to this\\nparagraph, they shall be in the same proportion as each school\\ndistrict's share bears to the total of such June or March amount. Upon\\napproval of the director of the budget, the commissioner shall transmit\\nthe schedule of any such partial June prepayments or such reduced March\\npayments to the state comptroller. Any portion of the March payment\\ndeferred shall be added to the June payment; any portion of the June\\npayment advanced shall be paid on or before March thirty-first.\\n (iv) April and May payments. Any amount designated for and remaining\\nto be paid in April or May pursuant to clauses (iv) and (v) of\\nsubparagraph two of this paragraph minus any portion of such amounts\\nadvanced pursuant to clause (ii) of this subparagraph shall be paid on\\nor before the last state business day of such months.\\n (v) June payment. The moneys apportioned to school districts and\\ndesignated for June pursuant to clause (vi) of subparagraph two of this\\nparagraph shall be paid on or before the last state business day of such\\nmonth, to the extent that moneys are owed to school districts pursuant\\nto this section for the current year, including claims for current year\\naid for debt service on bond anticipation notes aidable in June and/or\\nnew bonds and capital notes aidable in June pursuant to subdivisions six\\nand fourteen, if applicable, of section thirty-six hundred two of this\\npart and claims for current year aid for conversion to full day\\nkindergarten, after taking into account any adjustments made in\\naccordance with clauses (ii) and (iii) of this subparagraph, net of any\\ndisallowances.\\n (vi) Deferred July payment of certain claims for debt service on bond\\nanticipation notes and on bonds or capital notes first issued in the\\ncurrent year. The moneys apportioned to school districts for claims for\\ncurrent year aid for debt service on bond anticipation notes aidable in\\nJuly following the current year and/or new bonds and capital notes\\naidable in July following the current year pursuant to subdivisions six\\nand fourteen, if applicable, of section thirty-six hundred two of this\\npart shall be paid on or before the last state business day of July\\nimmediately following the current school year, to the extent that moneys\\nare owed to school districts pursuant to this section for the current\\nyear, net of any disallowances.\\n (vii) Deferred September payments. Any amounts payable to a school\\ndistrict pursuant to this section which exceeded one hundred percent of\\nthe respective amount set forth for such district as payable pursuant to\\nthis section in the school aid computer listing for the current school\\nyear shall be designated for payment for the month of September next\\nfollowing the close of the current school year. Such payments shall be\\nmade on or before the last state business day of the month of September,\\nbased on data on file as of August first.\\n (4) State share of medicaid reimbursements. For the purposes of this\\nsubparagraph, for aid payable in the two thousand ten--two thousand\\neleven school year, the first reporting period shall run from May first\\nof the base year through January thirty-first of the current year, and\\nthe second reporting period shall run from February first of the current\\nyear through March thirty-first of the current year. For aid payable in\\nthe two thousand eleven--two thousand twelve school year and thereafter,\\nthe first reporting period shall run from April first of the base year\\nthrough December thirty-first of the current year, and the second\\nreporting period shall run from January first of the current year\\nthrough March thirty-first of the current year. Notwithstanding any\\ninconsistent provisions of law to the contrary, the sustaining advance\\npayment due any school district pursuant to clause (ii) of subparagraph\\nthree of this paragraph in March shall be reduced by fifty percent of\\nany federal participation during the first reporting period pursuant to\\ntitle XIX of the social security act, in special education programs\\nprovided pursuant to article eighty-nine of this chapter for services\\nprovided on or before June thirtieth, two thousand nine; the June\\npayment due any school district pursuant to clause (v) of subparagraph\\nthree of this paragraph shall be reduced by fifty percent of any federal\\nparticipation during the second reporting period for services provided\\non or before June thirtieth, two thousand nine. Not later than ten days\\nafter the end of the first reporting period ending on January\\nthirty-first, two thousand eleven, not later than forty-one days after\\neach first reporting period thereafter and not later than forty days\\nafter the end of each second reporting period, the commissioner of\\nhealth, as the authorized fiscal agent of the state education\\ndepartment, shall certify to the commissioner and the director of the\\nbudget the total amount of such federal moneys paid to a school district\\nfor such services during such reporting period. Following each cycle\\npayment, the commissioner of health shall report to the commissioner the\\naggregate amount of such federal medicaid payments to each school\\ndistrict. The commissioner shall recoup such amounts first, to the\\nextent possible, from the specified payment, then by withholding any\\nother moneys due the school district and finally by direct billing to\\nany school district still owing moneys to the state. All moneys withheld\\nor paid to the state on account of this paragraph shall be credited by\\nthe comptroller to the local assistance account for general support for\\npublic schools.\\n (5) Advance payments. To the extent that any moneys payable pursuant\\nto clauses (iv) and (v) of subparagraph two of this paragraph, are paid\\nin advance of April first, such moneys shall be paid in accordance with\\nchapter two hundred twenty of the laws of nineteen hundred ninety, as\\namended, and in the same proportion as such school district's share\\nbears to the total moneys, payable to all such school districts pursuant\\nto such clauses (iv) and (v) provided however, that any moneys so\\nadvanced shall be deducted first from a school district's payment due in\\nApril, then from any moneys due in May and finally from any remaining\\nmoneys due in June.\\n (6) Apportionments to the city school district of the city of New York\\nunder the provisions of this paragraph shall be computed and paid on a\\ncity-wide basis.\\n c. Deficit reduction assessment for two thousand nine--two thousand\\nten. Notwithstanding any other provision of law, the commissioner shall\\nreduce payments due to each district pursuant to this section by an\\namount equal to the amounts set forth for each school district as\\n\"DEFICIT REDUCTION ASSESSMENT\" in the school aid computer listing\\nproduced by the commissioner in support of the executive budget request\\nfor the two thousand nine--two thousand ten school year and entitled\\n\"BT112-1\", and such amount shall be deducted from moneys apportioned for\\nthe purposes of payments made pursuant to section thirty-six hundred\\nnine-a of the education law and provided further that the amount of such\\nreduction shall be deemed to have been paid to the district pursuant to\\nthis section for the school year in which such deduction is made. The\\ncommissioner shall provide a schedule of such reductions in payments to\\nthe state comptroller, the director of the budget, the chair of the\\nsenate finance committee and the chair of the assembly ways and means\\ncommittee.\\n d. Supplemental deficit reduction assessment for the two thousand\\nnine--two thousand ten school year. (1) Notwithstanding any other\\nprovision of law to the contrary, the commissioner shall reduce payments\\ndue to each district for the two thousand nine--two thousand ten school\\nyear pursuant to this section by an amount equal to the supplemental\\ndeficit reduction assessment computed for such district, and such amount\\nshall be deducted from moneys apportioned for the purposes of payments\\nmade pursuant to this section and if the reduction is greater than the\\nsum of the amounts available for such deductions, the remainder of the\\nreduction shall be withheld from payments scheduled to be made to the\\ndistrict pursuant to this section for the two thousand ten--two thousand\\neleven school year, and provided further that an amount equal to the\\namount of such deduction shall be deemed to have been paid to the\\ndistrict pursuant to this section for the school year in which such\\ndeduction is made. The commissioner shall compute such supplemental\\ndeficit reduction assessment and shall provide a schedule of such\\nreduction in payments to the state comptroller, the director of the\\nbudget, the chair of the senate finance committee and the chair of the\\nassembly ways and means committee.\\n (2) The supplemental deficit reduction assessment shall be computed as\\nthe product of thirty-five and sixty-two one-hundredths of a percent\\n(0.3562) multiplied by the absolute value of the deficit reduction\\nassessment established pursuant to paragraph c of this subdivision.\\n 2. a. Such moneys shall be payable to the treasurer of each city\\nschool district, and the treasurer of each union free school district\\nand of each central school district and of each other school district,\\nif there be a treasurer, otherwise to the collector or other disbursing\\nofficer of such district, who shall apply for and receive the same as\\nsoon as payable.\\n b. In the case of city school districts of cities with one hundred\\ntwenty-five thousand inhabitants or more, any payment which pursuant to\\nthis section is required to be made to the treasurer of the city school\\ndistrict, shall be made to the city treasurer or chamberlain.\\n 3. Except as otherwise provided by law, payment to a school district\\npursuant to this section shall be general receipts of the district and\\nmay be used for any lawful purpose of the district provided, however\\nthat any payments for debt service for school building purposes on debt\\nwhich has been excluded in ascertaining the power of the school district\\nto contract indebtedness shall be used solely for the purpose of payment\\nof the interest on and amortization of or payment of such indebtedness.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3609-B", "title" : "Moneys apportioned for students with disabilities, when and how payable", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3609-B", "activeDate" : "2014-09-22", "sequenceNo" : 1175, "repealedDate" : null, "fromSection" : "3609-B", "toSection" : "3609-B", "text" : " § 3609-b. Moneys apportioned for students with disabilities, when and\\nhow payable. Moneys apportioned to school districts for the excess cost\\naid setaside pursuant to subdivision four of section thirty-six hundred\\ntwo of this article and the apportionments for students with\\ndisabilities due in accordance with the provisions of subdivisions five\\nand five-a of section thirty-six hundred two of this article and section\\nforty-four hundred five of this chapter, shall be paid to or on behalf\\nof school districts in accordance with the provisions of this section,\\nprovided, however, that payments made to or on behalf of any school\\ndistrict pursuant to this section shall be adjusted subsequent to the\\nfiling, in an acceptable manner, of aid claim forms prescribed by the\\ncommissioner.\\n For aid payable in the two thousand seven--two thousand eight school\\nyear and thereafter, \"moneys apportioned\" shall mean the sum of; (i) the\\nlesser of (A) one hundred percent of the respective amount set forth for\\neach school district as payable pursuant to this section in the school\\naid computer listing for the current year, as defined in the opening\\nparagraph of section thirty-six hundred nine-a of this article, or (B)\\nthe apportionment calculated by the commissioner for the current year\\nbased on data on file at the time the payment is processed plus (ii) the\\nexcess cost aid setaside computed pursuant to subdivision four of\\nsection thirty-six hundred two of this article, based on data utilized\\nin producing such school aid listing for the current year. The\\ndefinitions \"base year\" and \"current year\" as set forth in subdivision\\none of section thirty-six hundred two of this article shall apply to\\nthis section.\\n 1. Assignment of certain moneys. a. Any moneys to be apportioned by\\nthe commissioner to school districts during the school year pursuant to\\nthis section for services provided on or before June thirtieth, two\\nthousand nine that were reimbursed by the state on or before April\\nfirst, two thousand eleven shall, in the first instance, be designated\\nas the state share of moneys due a school district pursuant to title XIX\\nof the social security act, on account of school supportive health\\nservices provided to students with disabilities in special education\\nprograms pursuant to article eighty-nine of this chapter and to those\\npupils who are qualified handicapped persons as defined in the federal\\nrehabilitation act of nineteen hundred seventy-three, as amended. Some\\nor all of such state share may be assigned on behalf of school districts\\nto the department of health, as provided herein; any remaining state\\nshare moneys shall be paid to school districts on the same schedule as\\nthe federal share of such title XIX payments and shall be based on the\\nmonthly report of the commissioner of health to the commissioner; and\\nany remaining moneys to be apportioned to a school district pursuant to\\nthis section shall be paid in accordance with the provisions of\\nsubdivision two of this section. The amount to be assigned to the\\ndepartment of health, as determined by the commissioner of health, for\\nany school district shall not exceed the federal share of any moneys due\\nsuch school district pursuant to title XIX. Moneys designated as state\\nshare moneys shall be paid to such school districts based on the\\nsubmission and approval of claims related to such school supportive\\nhealth services, in the manner provided by law.\\n a-1. Any moneys to be apportioned by the commissioner to school\\ndistricts during the school year pursuant to this section for services\\nprovided during the two thousand nine--two thousand ten school year and\\nthereafter, or for services provided in a prior school year that were\\nnot reimbursed by the state on or before April first, two thousand\\neleven, shall, in the first instance, be designated as the state share\\nof moneys due a school district pursuant to title XIX of the social\\nsecurity act, on account of school supportive health services provided\\nto students with disabilities in special education programs pursuant to\\narticle eighty-nine of this chapter and to those pupils who are\\nqualified handicapped persons as defined in the federal rehabilitation\\nact of nineteen hundred seventy-three, as amended. Such state share\\nshall be assigned on behalf of school districts to the department of\\nhealth, as provided herein; the amount designated as such nonfederal\\nshare shall be transferred by the commissioner to the department of\\nhealth based on the monthly report of the commissioner of health to the\\ncommissioner; and any remaining moneys to be apportioned to a school\\ndistrict pursuant to this section shall be paid in accordance with the\\nprovisions of subdivision two of this section. The amount to be assigned\\nto the department of health, as determined by the commissioner of\\nhealth, for any school district shall not exceed the federal share of\\nany moneys due such school district pursuant to title XIX. Moneys\\ndesignated as state share moneys shall be paid to such school districts\\nby the department of health based on the submission and approval of\\nclaims related to such school supportive health services, in the manner\\nprovided by law.\\n b. Any moneys remaining to be apportioned to a school district\\npursuant to this section shall, in the second instance, be used to\\nreimburse the commissioner for any moneys due from a school district\\nfound to be financially responsible, in accordance with the provisions\\nof paragraph e of subdivision four of section thirty-two hundred two of\\nthis chapter, for the cost of instruction of a student with a disability\\nplaced by a local social services district or other state department or\\nagency in a family home at board that receives program support from a\\nchild care institution affiliated with a special act school district\\nwhich is located in another school district which contracts for the\\neducation of such student, upon the recommendation of its committee on\\nspecial education, for the instruction of such student pursuant to\\nparagraph c, d, e or f of subdivision two of section forty-four hundred\\none of this chapter or for a nonresidential placement pursuant to\\nparagraph one of such subdivision. In the event that a district owes\\nmore than the moneys remaining to be apportioned to the district\\npursuant to this section, the commissioner shall withhold such excess\\nfrom any other moneys due the district.\\n 2. Payments to school districts. a. The moneys apportioned by the\\ncommissioner to school districts in accordance with the provisions of\\nsubdivisions five and five-a of section thirty-six hundred two of this\\narticle and section forty-four hundred five of this chapter and the\\nmoneys apportioned to school districts for the excess cost aid setaside\\npursuant to subdivision four of section thirty-six hundred two of this\\narticle, during the school year and remaining due after deductions are\\nmade for the purposes of subdivision one of this section, shall be\\npayable, for the two thousand seven--two thousand eight school year and\\nthereafter in accordance with the following schedule:\\n (1) December payment. On or before December fifteenth, a portion shall\\nbe paid equal to the positive remainder of twenty-five percent of the\\nmoneys apportioned less any payments made pursuant to paragraph a of\\nsubdivision one of this section for the current year.\\n (2) March payment. On or before March fifteenth, a portion shall be\\npaid equal to the positive remainder of seventy percent of the moneys\\napportioned less any payments made pursuant to paragraph a of\\nsubdivision one of this section and subparagraph one of this paragraph\\nfor the current year.\\n (3) June payment. On or before June fifteenth, a portion shall be paid\\nequal to the positive remainder of eighty-five percent of the moneys\\napportioned less any payments made pursuant to paragraph a of\\nsubdivision one of this section and subparagraphs one and two of this\\nparagraph for the current year.\\n (4) August payment. To the extent that any moneys are owed to a school\\ndistrict pursuant to this section, a portion shall be paid on or before\\nAugust fifteenth equal to the positive remainder of one hundred percent\\nof the moneys apportioned less any payments made pursuant to paragraph a\\nof subdivision one of this section and subparagraphs one, two and three\\nof this paragraph for the current year.\\n (5) Deferred September payment. Any amount payable to a school\\ndistrict pursuant to this section which exceeded one hundred percent of\\nthe respective amount set forth for such district as payable pursuant to\\nthis section in the school aid computer listing for the current school\\nyear shall be designated for payment for the month of September next\\nfollowing the close of the current school year. Such payments shall be\\nmade on the first state business day of the month of September, based on\\ndata on file as of August first; provided however, that for the\\nSeptember two thousand six payment such calculation shall be based on\\nthe computer listing for the current year using data on file as of\\nAugust first.\\n b. Such moneys shall be payable to the treasurer of each city school\\ndistrict, and the treasurer of each union free school district and of\\neach central school district and of each other school district, if there\\nbe a treasurer, otherwise to the collector or other disbursing officer\\nof such district or board of cooperative educational services, who shall\\napply for and receive the same as soon as payable. In the case of city\\nschool districts of cities with one hundred twenty-five thousand\\ninhabitants or more, any payment which pursuant to this section is\\nrequired to be made to the treasurer of the city school district, shall\\nbe made to the city treasurer or chamberlain.\\n 3. Due minimum supplemental apportionment. Notwithstanding any\\ninconsistent provisions of subdivisions five and five-a of section\\nthirty-six hundred two of this article and section forty-four hundred\\nfive of this chapter, for the two thousand seven--two thousand eight\\nschool year and thereafter, the due minimum supplemental apportionment\\nshall equal the positive remainder resulting when the sum of the\\napportionments due a school district pursuant to such subdivisions five\\nand five-a and such section forty-four hundred five for any school year\\nand, the moneys apportioned for the excess cost aid setaside pursuant to\\nsubdivision four of section thirty-six hundred two of this article, is\\nsubtracted from the amount designated as the state share of moneys due a\\nschool district pursuant to title XIX of the social security act, on\\naccount of school supportive health services provided to pupils with\\ndisabilities in special education programs pursuant to article\\neighty-nine of this chapter as determined in accordance with the\\nprovisions of subdivision one of this section. Any additional\\napportionment pursuant to this subdivision shall be computed and\\nrecomputed by the commissioner in the normal course of auditing school\\ndistrict claims for aid.\\n 4. In addition to any other payments due a district pursuant to this\\nsection, the commissioner shall also reimburse districts for any amounts\\ndue in accordance with the provisions of paragraph e of subdivision four\\nof section thirty-two hundred two of this chapter as follows:\\n a. thirty-five percent of any amounts due shall be payable on or\\nbefore December fifteenth;\\n b. seventy percent of any amounts due, minus any payment made pursuant\\nto paragraph a of this subdivision, shall be payable on or before March\\nfifteenth; and\\n c. any remaining amount due shall be payable on or before June\\nfifteenth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3609-D", "title" : "Moneys apportioned for board of cooperative educational services aidable expenditures when and how payable commencing July first, two tho...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3609-D", "activeDate" : "2014-09-22", "sequenceNo" : 1176, "repealedDate" : null, "fromSection" : "3609-D", "toSection" : "3609-D", "text" : " § 3609-d. Moneys apportioned for board of cooperative educational\\nservices aidable expenditures when and how payable commencing July\\nfirst, two thousand four. Notwithstanding the provisions of section\\nthirty-six hundred nine-a of this article, apportionments payable\\npursuant to section nineteen hundred fifty of this chapter shall be paid\\npursuant to this section. For aid payable in the two thousand four--two\\nthousand five school year and thereafter, \"moneys apportioned\" shall\\nmean the lesser of (i) one hundred percent of the respective amount set\\nforth for each school district as payable pursuant to this section in\\nthe school aid computer listing produced by the commissioner in support\\nof the budget including the appropriation for support of boards of\\ncooperative educational services for payments due prior to April first\\nfor the current year, or (ii) the apportionment calculated by the\\ncommissioner based on data on file at the time the payment is processed;\\nprovided however, that for the purposes of any payment to be made in the\\nmonth of June of two thousand six such calculation shall be based on the\\nschool aid computer listing for the current year using updated data at\\nthe time of each payment. For districts subject to chapter five hundred\\nsixty-three of the laws of nineteen hundred eighty, thirty-six hundred\\ntwo-b, or two thousand forty of this chapter, for aid payable in the two\\nthousand four--two thousand five school year and thereafter, \"moneys\\napportioned\" shall mean the apportionment calculated by the commissioner\\nbased on data on file at the time the payment is processed. The \"school\\naid computer listing for the current year\" shall be as defined in the\\nopening paragraph of section thirty-six hundred nine-a of this article.\\nThe definitions \"base year\" and \"current year\" as set forth in\\nsubdivision one of section thirty-six hundred two of this article shall\\napply to this section.\\n 1. Prescribed payments. Of the moneys to be apportioned by the\\ncommissioner to school districts during the school year, that portion\\npayable pursuant to section nineteen hundred fifty of this chapter shall\\nbe used in the first instance to make payments on behalf of boards of\\ncooperative educational services to the teachers' retirement system in\\nthe same manner as payments made on behalf of school districts pursuant\\nto subparagraph one of paragraph a of subdivision one of section\\nthirty-six hundred nine-a of this article, and additional payments shall\\nbe paid to boards of cooperative educational services as follows: the\\ngreater of any payments made to the teachers' retirement system pursuant\\nto this paragraph or twenty-five percent of the moneys apportioned less\\nany payments made to the teachers' retirement system pursuant to this\\nparagraph on the first state business day of February, to the extent\\nthat acceptable data has been filed with the commissioner; fifty-five\\npercent of the moneys apportioned, less the payment made in February and\\nless any payments made to the teachers' retirement system pursuant to\\nthis paragraph, on the first state business day of June; and a final\\napportionment equal to the amount calculated based on data on file as of\\nAugust first next following the close of the current year, provided\\nhowever, that for the September two thousand six payment such\\ncalculation shall be based on the computer listing for the current year\\nusing data on file as of August first, less payments made to date, on\\nthe first state business day of September next following the close of\\nthe current year; provided, however, that any obligation of a board of\\ncooperative educational services to the bond trustee of the dormitory\\nauthority shall be paid in accordance with the applicable provisions of\\nthe public authorities law.\\n 2. Such moneys shall be payable to the treasurer of each board of\\ncooperative educational services, if there be a treasurer, otherwise to\\nthe collector or other disbursing officer of such board of cooperative\\neducational services, who shall apply for and receive the same as soon\\nas payable.\\n 3. Notwithstanding any inconsistent provisions of this chapter, for\\naid payable in the nineteen hundred ninety-six--ninety-seven school year\\nthe apportionment calculated pursuant to section nineteen hundred fifty\\nof this chapter shall be reduced by two percent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3609-E", "title" : "School tax relief aid, when and how payable commencing July first, nineteen hundred ninety-eight", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3609-E", "activeDate" : "2014-09-22", "sequenceNo" : 1177, "repealedDate" : null, "fromSection" : "3609-E", "toSection" : "3609-E", "text" : " § 3609-e. School tax relief aid, when and how payable commencing July\\nfirst, nineteen hundred ninety-eight. Notwithstanding any other\\nprovisions of this article, school tax relief aid shall be paid pursuant\\nto this section.\\n 1. Definitions. As used in this section the following terms shall be\\ndefined as follows:\\n a. \"Amount of tax levy\" shall mean the amount of property taxes levied\\nfor school purposes in the current year pursuant to subdivision one of\\nsection thirteen hundred six of the real property tax law, except that\\nfor a city school district of a city with one hundred twenty-five\\nthousand inhabitants or more \"amount of tax levy\" shall mean an amount\\nequal to the product of the tax rate computed pursuant to paragraph e of\\nthis subdivision for aids payable in the current year multiplied by such\\ndistrict's actual valuation as defined in subdivision one of section\\nthirty-six hundred two of this article.\\n b. \"Phase-in factor\" shall mean: (i) for aid payable in the two\\nthousand--two thousand one school year, seventy-five percent and (ii)\\nfor aid payable in the two thousand one--two thousand two school year\\nand thereafter, one hundred percent.\\n c. \"STAR portion of the tax levy\" shall mean the quotient of the\\nschool tax relief aid payable in the current year divided by the amount\\nof tax levy expressed as a decimal to four places without rounding.\\n d. The definitions of \"school tax relief aid,\" \"current year\" and\\n\"base year\" as set forth in subdivision one of section thirty-six\\nhundred two of this article shall apply to this section.\\n e. \"Tax rate\" shall mean the amount computed by dividing a school\\ndistrict's total revenues from real property and non-property tax levies\\nfor the base year levied for school purposes exclusive of library\\npurposes plus any payments in lieu of taxes received pursuant to section\\nfour hundred eighty-five of the real property tax law and exclusive of\\nany balances in excess of six percent of general fund expense remaining\\nin the general fund of the district at the end of the base year, by such\\ndistrict's actual valuation as defined in subdivision one of section\\nthirty-six hundred two of this article including any actual valuation\\nequivalent of payments in lieu of taxes determined pursuant to section\\nfour hundred eighty-five of the real property tax law, provided,\\nhowever, that in the instance of a fiscally dependent city school\\ndistrict, the tax rate shall be computed by dividing (i) such district's\\ntotal general fund expenditures, plus inter-fund transfers outgoing from\\nthe general fund, and plus general fund reserve expenditures, less any\\nand all general fund non-tax revenue of such city school district which\\nhas been paid and identified by an original payer as being specifically\\non behalf of such city school district, and less any and all non-tax\\nrevenue of the city upon which such city school district is fiscally\\ndependent which has been paid and identified by an original payer as\\nbeing specifically on behalf of such city school district but which has\\nnot been identified as revenue of such city school district, and less\\nany and all other general fund revenues of such city school district\\nwhich are determined by the commissioner to be non-tax revenue of the\\ncity upon which such city school district is fiscally dependent, by (ii)\\nsuch district's actual valuation as defined in subdivision one of such\\nsection thirty-six hundred two. Revenues raised by a school district in\\nsupport of a central high school district shall be included in the\\nrevenue of the district raising such revenue, and no local revenue shall\\nbe attributed to such central high school districts. Such tax rate shall\\nbe computed to five decimals without rounding and shall be multiplied by\\none thousand to be expressed in mills.\\n 2. Prescribed payments. a. October payment for aids payable in the\\nnineteen hundred ninety-eight--ninety-nine through two thousand two--two\\nthousand three school years and the two thousand four--two thousand five\\nthrough two thousand eight--two thousand nine school years. On or before\\nOctober fifteenth, a portion of the school tax relief aid payable to the\\nschool district for the current year shall be paid equal to the product\\nof the total school tax relief aid for the current school year adjusted\\nto reflect adjustments to payments for prior years and thirty-five\\none-hundredths.\\n b. October payment for aids payable in the two thousand three--two\\nthousand four school year, and the two thousand nine--two thousand ten\\nschool year and thereafter. On or before October fifteenth, a portion of\\nthe school tax relief aid payable to the school district for the current\\nyear adjusted to reflect adjustments to payments for prior years, not to\\nexceed one hundred percent of such aid payable, shall be paid equal to\\nthe product of the amount of tax levy and the positive difference, if\\nany, of the STAR portion of the tax levy minus the product of\\ntwenty-five one-hundredths and the phase-in factor.\\n c. November payment for the aids payable in the nineteen hundred\\nninety-eight--ninety-nine through two thousand two--two thousand three\\nschool years and the two thousand four--two thousand five through two\\nthousand eight--two thousand nine school years. On or before November\\nfifteenth, a portion of the school tax relief aid payable to the school\\ndistrict for the current year shall be paid equal to the product of the\\ntotal school tax relief aid for the current school year adjusted to\\nreflect adjustments to payments for prior years and seventy-one\\nhundredths less any payments made pursuant to paragraph a of this\\nsubdivision.\\n d. November payment for aids payable in the two thousand three--two\\nthousand four school year, and the two thousand nine--two thousand ten\\nschool year and thereafter. On or before November fifteenth, a portion\\nof the school tax relief aid payable to the school district for the\\ncurrent year adjusted to reflect adjustments to payments for prior\\nyears, not to exceed one hundred percent of such aid payable, shall be\\npaid equal to: (i) the product of the amount of tax levy and the\\npositive difference, if any, of the STAR portion of the tax levy minus\\nthe product of twenty one hundredths and the phase-in factor less (ii)\\nany payments made pursuant to paragraph b of this subdivision.\\n e. December payment for aids payable in the nineteen hundred\\nninety-eight--ninety-nine through two thousand two--two thousand three\\nschool years and the two thousand four--two thousand five through two\\nthousand eight--two thousand nine school years. On or before December\\nfifteenth, a portion of the school tax relief aid payable to the school\\ndistrict for the current year shall be paid equal to the product of the\\ntotal school tax relief aid for the current school year adjusted to\\nreflect adjustments to payments for prior years and eighty\\none-hundredths less any payments made pursuant to paragraphs a and c of\\nthis subdivision.\\n f. December payment for aids payable in the two thousand three--two\\nthousand four school year, and the two thousand nine--two thousand ten\\nschool year and thereafter. On or before December fifteenth, a portion\\nof the school tax relief aid payable to the school district for the\\ncurrent year adjusted to reflect adjustments to payments for prior\\nyears, not to exceed one hundred percent of such aid payable, shall be\\npaid equal to: (i) the product of the amount of tax levy and the\\npositive difference, if any, of the STAR portion of the tax levy minus\\nthe product of fifteen one-hundredths and the phase-in factor less (ii)\\nany payments made pursuant to paragraphs b and d of this subdivision.\\n g. January payment. On or before the first business day of January, a\\nportion of the school tax relief aid payable to the school district for\\nthe current year shall be paid equal to one hundred percent of such\\ntotal school tax relief aid payable for the current school year adjusted\\nto reflect adjustments to payments for prior years less any payments\\nmade pursuant to paragraph a, b, c, d, e or f of this subdivision.\\n h. On or before March thirty-first a portion of the school tax relief\\naid payable to the school district for the current year shall be paid\\nequal to one hundred percent of any increase in such aid over the total\\nof such aids paid through the first business day of January, adjusted to\\nreflect adjustments to payments for prior years, as certified to the\\ncommissioner by the office of real property services on or before March\\nfirst.\\n 3. a. Such moneys shall be payable to the treasurer of each city\\nschool district, and the treasurer of each union free school district\\nand of each central school district and of each other school district,\\nif there be a treasurer, otherwise to the collector or other disbursing\\nofficer of such district, who shall apply for and receive the same as\\nsoon as payable.\\n b. In the case of city school districts of the cities with one hundred\\ntwenty-five thousand inhabitants or more, any payments which pursuant to\\nthis section is required to be made to the treasurer of the city school\\ndistrict, shall be made to the city treasurer or chamberlain.\\n 4. Any payment to a school district pursuant to this section shall be\\ngeneral receipts of the district and may be used for any lawful purpose\\nof the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3609-F", "title" : "Moneys apportioned to school districts for lottery grants pursuant to subparagraph two-a of paragraph b of subdivision four of section ni...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3609-F", "activeDate" : "2014-09-22", "sequenceNo" : 1178, "repealedDate" : null, "fromSection" : "3609-F", "toSection" : "3609-F", "text" : " § 3609-f. Moneys apportioned to school districts for lottery grants\\npursuant to subparagraph two-a of paragraph b of subdivision four of\\nsection ninety-two-c of the state finance law, when and how payable\\ncommencing July first, two thousand seven. Notwithstanding the\\nprovisions of section thirty-six hundred nine-a of this article,\\napportionments payable pursuant to subparagraph two-a of paragraph b of\\nsubdivision four of section ninety-two-c of the state finance law shall\\nbe paid pursuant to this section. The definitions of \"base year\" and\\n\"current year\" as set forth in subdivision one of section thirty-six\\nhundred two of this article shall apply to this section.\\n 1. Prescribed payments. The moneys apportioned by the commissioner to\\nschool districts pursuant to subparagraph two-a of paragraph b of\\nsubdivision four of section ninety-two-c of the state finance law during\\nthe school year shall be paid as follows:\\n (a) September payment. The product of the moneys apportioned to such\\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\\nfour of section ninety-two-c of the state finance law multiplied by ten\\npercent, and such amount shall be payable on the same date as the\\npayment computed pursuant to subparagraph two of paragraph a of\\nsubdivision one of section thirty-six hundred nine-a of this article.\\n (b) October payment. The product of the moneys apportioned to such\\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\\nfour of section ninety-two-c of the state finance law multiplied by\\nfifteen percent, and such amount shall be payable on the same date as\\nthe payment computed pursuant to clause (i) of subparagraph four of\\nparagraph a of subdivision one of section thirty-six hundred nine-a of\\nthis article.\\n (c) November payment. The product of the moneys apportioned to such\\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\\nfour of section ninety-two-c of the state finance law multiplied by\\nfifteen percent, and such amount shall be payable on the same date as\\nthe payment computed pursuant to clause (ii) of subparagraph four of\\nparagraph a of subdivision one of section thirty-six hundred nine-a of\\nthis article.\\n (d) December payment. The product of the moneys apportioned to such\\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\\nfour of section ninety-two-c of the state finance law multiplied by\\nfifteen percent, and such amount shall be payable on the same date as\\nthe payment computed pursuant to clause (iii) of subparagraph four of\\nparagraph a of subdivision one of section thirty-six hundred nine-a of\\nthis article.\\n (e) January payment. The product of the moneys apportioned to such\\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\\nfour of section ninety-two-c of the state finance law multiplied by\\nfifteen percent, and such amount shall be payable on the same date as\\nthe payment computed pursuant to clause (i) of subparagraph two of\\nparagraph b of subdivision one of section thirty-six hundred nine-a of\\nthis article.\\n (f) February payment. The product of the moneys apportioned to such\\ndistrict pursuant to subparagraph two-a of paragraph b of subdivision\\nfour of section ninety-two-c of the state finance law multiplied by\\nfifteen percent, and such amount shall be payable on the same date as\\nthe payment computed pursuant to clause (ii) of subparagraph two of\\nparagraph b of subdivision one of section thirty-six hundred nine-a of\\nthis article.\\n (g) March payment. The positive difference, if any, of the moneys\\napportioned to such district pursuant to subparagraph two-a of paragraph\\nb of subdivision four of section ninety-two-c of the state finance law\\nless the sum of the payments made pursuant to paragraphs (a), (b), (c),\\n(d), (e) and (f) of this subdivision, and such amount shall be payable\\non the same date as the payment computed pursuant to clause (iii) of\\nsubparagraph two of paragraph b of subdivision one of section thirty-six\\nhundred nine-a of this article.\\n 2. Any payment to a school district pursuant to this section shall be\\ngeneral receipts of the district and may be used for any lawful purpose\\nof the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3609-G", "title" : "Moneys apportioned to school districts for reimbursement of article twenty-three of the tax law payments commencing in the 2009-2010 scho...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3609-G", "activeDate" : "2014-09-22", "sequenceNo" : 1179, "repealedDate" : null, "fromSection" : "3609-G", "toSection" : "3609-G", "text" : " § 3609-g. Moneys apportioned to school districts for reimbursement of\\narticle twenty-three of the tax law payments commencing in the 2009-2010\\nschool year. Notwithstanding any other provision of law to the contrary,\\nschool districts shall be reimbursed for payments made pursuant to\\narticle twenty-three of the tax law pursuant to this section.\\n 1. Definition. As used in this section the following term shall be\\ndefined as follows: \"School district\" shall mean a public school\\ndistrict and shall not include a special act school district as defined\\nin section four thousand one of this chapter.\\n 2. Prescribed payments. On or after the first business day of June of\\neach school year, commencing June first, two thousand ten, a school\\ndistrict shall be paid an amount equal to one hundred percent of the\\npayments made by a school district on or after May first of the prior\\nschool year and before May first of the current school year to the\\ncommissioner of taxation and finance pursuant to article twenty-three of\\nthe tax law. No payment may be made pursuant to this subdivision until\\nsuch amount for each school district is certified by the commissioner of\\ntaxation and finance and transmitted to the commissioner. Such\\ncertification shall be made on or before May thirty-first so as to\\nfacilitate payments to be made pursuant to this section.\\n 3. (a) Moneys paid pursuant to this section shall be payable to the\\ntreasurer of each city school district, and the treasurer of each union\\nfree school district and of each central school district and of each\\nother school district, if there be a treasurer, otherwise to the\\ncollector or other disbursing officer of such district, who shall apply\\nfor and receive the same as soon as payable.\\n (b) In the case of city school districts of the cities with one\\nhundred twenty-five thousand inhabitants or more, any payment which\\npursuant to this section is required to be made to the treasurer of the\\ncity school district, shall be made to the city treasurer or\\nchamberlain.\\n 4. Any payment to a school district pursuant to this section shall be\\ngeneral receipts of the district and may be used for any lawful purpose\\nof the district.\\n 5. It is the intent of the governor to submit and the legislature to\\nenact for each fiscal year after the two thousand nine--two thousand ten\\nfiscal year in an annual budget bill an appropriation in the amount to\\nbe paid to school districts pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3610", "title" : "Apportionment for apprenticeship training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3610", "activeDate" : "2014-09-22", "sequenceNo" : 1180, "repealedDate" : null, "fromSection" : "3610", "toSection" : "3610", "text" : " § 3610. Apportionment for apprenticeship training. 1. Apprenticeship\\ntraining programs. Local education agencies which provide related or\\nsupplemental instruction to apprentices registered by the state\\ndepartment of labor pursuant to article twenty-three of the labor law\\nshall be eligible for an apportionment pursuant to the provisions of\\nthis section for the operation of apprenticeship training programs as\\napproved by the commissioner. Priority shall be given to local education\\nagencies which provide for an increased number of participants in the\\nrelated or supplemental instructional component of apprentice training\\nprograms. Designated local education agencies may provide such programs\\ndirectly, or by contracting with school districts, boards of cooperative\\neducational services and other providers of apprentice training\\nservices, including postsecondary institutions and other providers\\nauthorized to confer degrees in this state or in which the course of\\ninstruction is licensed, registered or approved pursuant to any\\nprovision of this chapter.\\n 2. Apprenticeship training hours. For the purpose of computing an\\napportionment under this section, apprenticeship training hours shall be\\nthe total number of hours of related or supplemental instruction given\\nall apprentices in approved apprenticeship training programs in the area\\nserved by the designated local education agency between July first and\\nJune thirtieth of the base year as reported to the commissioner by\\nSeptember first of the current year.\\n 3. Maximum apportionment per hour. For aid payable for school year\\nnineteen hundred eighty-nine--ninety the maximum apportionment per\\napprenticeship training hour shall be computed by dividing the state\\nappropriation for related and supplemental instruction for apprentices\\nby the total number of apprenticeship training hours of all designated\\nlocal education agencies in the state, computed in accordance with the\\nregulations of the commissioner. For aid payable for school year\\nnineteen hundred ninety--ninety-one and thereafter, this apportionment\\nshall be at the rate of one dollar per training hour.\\n 4. Apprenticeship training program apportionment. The apportionment\\npursuant to this section shall be the product obtained when the\\napportionment per hour is multiplied by the number of apprenticeship\\ntraining hours of the designated local education agency. Notwithstanding\\nthe provisions of section thirty-six hundred nine of this article,\\npayment of such apportionment shall be made by November first of the\\ncurrent year.\\n 5. State aid. No designated local education agency may receive under\\nthe provisions of this section an amount which when added to all other\\nstate aid received by such designated local education agency for the\\npurpose of this section, exceeds one-half the cost of such program in\\nthat year. Notwithstanding any provision of law to the contrary, if the\\ntotal aid received exceeds one-half the cost of the program, any state\\naid payable to the designated local education agency shall be reduced in\\nthe amount of such excess.\\n 6. Apprentices. Apprentices in apprenticeship training programs shall\\nnot be included in any attendance count of this article and shall not\\ngenerate aid under any other provisions of this chapter.\\n 7. Apportionment for administrative costs. In addition to the\\napportionment under subdivision four of this section, any designated\\nlocal education agency which has reported by September first the\\nprocessing of more than one hundred fifty apprentices shall receive an\\namount equal to three dollars per apprentice served.\\n 8. Regulations. The commissioner may adopt regulations to implement\\nany of the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3611", "title" : "Racial and cultural awareness fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3611", "activeDate" : "2014-09-22", "sequenceNo" : 1181, "repealedDate" : null, "fromSection" : "3611", "toSection" : "3611", "text" : " § 3611. Racial and cultural awareness fund. 1. There is hereby\\nestablished in the joint custody of the state comptroller and the\\ncommissioner of taxation and finance a fund to be known as the racial\\nand cultural awareness fund.\\n 2. Such fund shall consist of all revenues received from any source,\\npublic or private, for the purposes provided in this section and all\\nother moneys credited or transferred thereto from any other fund or\\nsource pursuant to law. No monies from the state general fund shall be\\ntransferred to, or otherwise made available for deposit into this fund.\\n 3. Moneys of the fund, following appropriation by the legislature, may\\nbe expended for operational and planning grants to local school\\ndistricts to promote racial and cultural understanding and awareness, as\\nprovided in this section. Moneys shall be paid out of the fund on the\\naudit and warrant of the state comptroller on vouchers certified or\\napproved by the commissioner.\\n 4. A school district, or two or more school districts acting jointly,\\nshall be eligible to receive a planning or operational grant, or both,\\npursuant to the provisions of this section for the purposes of\\ndeveloping and implementing programs designed to meet local needs in the\\nreduction and prevention of racial and cultural conflict, such programs\\nto be approved by the commissioner in accordance with regulations\\nadopted by him for such purpose. A school district which applies for a\\nplanning grant pursuant to subdivision five of this section for such new\\nprograms shall not be eligible for an operational grant pursuant to\\nsubdivision six of this section until the school year following the year\\nin which the planning grant was received. For purposes of this section\\nas applied within the city of New York, such city school district shall\\nbe eligible for multiple awards on behalf of each community school\\ndistrict or high school district as though each was a separate school\\ndistrict.\\n 5. A school district shall be eligible to apply for a planning grant\\non a one-year competitive basis for the purpose of planning for the\\nimplementation of programs for prevention and reduction of racial and\\ncultural conflict. Applications shall be evaluated on a competitive\\nbasis and such grants shall be awarded accordingly. Applications shall\\ninclude the planning budget and program description for prevention and\\nreduction of racial and cultural conflict. A school district which\\nreceives a competitive planning grant and implements a successful\\nplanning program shall be eligible to apply for a two-year operational\\ngrant. Reports may be required for the purposes of program evaluation.\\n 6. A school district shall be eligible to receive an operational grant\\nover a two-year period as provided in this section for programs for the\\nprevention and reduction of racial and cultural conflict. First-year\\napplications shall be evaluated on a competitive basis and grants shall\\nbe awarded accordingly. Both first-year applications and continuing\\napplications shall include the operating budget and program description\\nfor prevention and reduction of racial and cultural conflict for\\napproval of the proposed program and the estimated expenditures for the\\ncurrent year. Reports may be required as necessary for the purposes of\\nprogram evaluation.\\n 7. An advisory committee shall be established and assigned to the\\ndepartment to consult, review and make recommendations concerning\\npolicy, procedure, program content and community needs. Such advisory\\ncommittee shall consist of ten members appointed by the commissioner.\\nSuch appointees shall include representatives from civil/human rights\\norganizations; educators; community-based organizations and members of\\nparent associations.\\n 8. The commissioner may adopt rules and regulations as are necessary\\nand appropriate to carry out the provisions of this section.\\n 9. The commissioner shall issue an annual report to the legislature\\nconcerning the overall and individual programs, detailing their impact;\\nand shall include any report or materials produced by the advisory\\ncommittee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3612", "title" : "Teachers of tomorrow teacher recruitment and retention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2016-04-08", "2016-07-08", "2017-04-21", "2017-07-07", "2017-08-18", "2018-04-27", "2018-07-06", "2019-04-19", "2019-07-05", "2024-04-26", "2024-05-31", "2024-07-12" ], "docLevelId" : "3612", "activeDate" : "2014-09-22", "sequenceNo" : 1182, "repealedDate" : null, "fromSection" : "3612", "toSection" : "3612", "text" : " § 3612. Teachers of tomorrow teacher recruitment and retention\\nprogram. 1. Definitions. a. The term \"teacher shortage area\" means a\\npublic school or subject area in which there was a shortage of certified\\nteachers in the previous school year and there is a projected shortage\\nin the current school year as determined by the commissioner.\\n b. The term \"certified teacher\" means a teacher who holds a state\\nteaching certificate appropriate to the teaching position, including the\\nsubject area if applicable, in which he or she is to be employed.\\n c. The term \"school district\" shall mean a common, union free,\\ncentral, central high school, or city school district.\\n d. The term \"board of education\" shall mean the governing board of any\\npublic school or public school district defined in paragraph c of this\\nsubdivision.\\n e. The term \"low performing school\" shall mean a school building which\\nis under registration review or a school building performing\\nsignificantly below state standards as defined by the commissioner.\\n f. The term \"year of service\" shall mean ten months of continuous\\nfull-time service as a teacher during a school year, generally occurring\\nbetween September first and June thirtieth.\\n 2. Application and funding. a. Grants shall be made to school\\ndistricts for teacher recruitment, retention and certification\\nactivities necessary to increase the supply of qualified teachers in\\nschool districts experiencing a teacher shortage in accordance with\\nsubdivisions three, four, five, seven and eight of this section and in\\nschool districts containing a low-performing school pursuant to\\nsubdivision six of this section.\\n b. Such grants shall be awarded to school districts, within the limits\\nof funds appropriated therefor, through a competitive process that takes\\ninto consideration the magnitude of any shortage of teachers in the\\nschool district, the number of teachers employed in the school district\\nwho hold temporary licenses to teach in the public schools of the state,\\nthe number of provisionally certified teachers, the fiscal capacity and\\ngeographic sparsity of the district, the number of new teachers the\\nschool district intends to hire in the coming school year and the number\\nof summer in the city student internships proposed by an eligible school\\ndistrict, if applicable. Grants provided pursuant to this section shall\\nbe used only for the purposes enumerated in this section.\\nNotwithstanding any other provision of law to the contrary, a city\\nschool district in a city having a population of one million or more\\ninhabitants receiving a grant pursuant to this section may use no more\\nthan eighty percent of such grant funds for any recruitment, retention\\nand certification costs associated with transitional certification of\\nteacher candidates for the school years two thousand one--two thousand\\ntwo through two thousand fourteen--two thousand fifteen.\\n c. Not more than sixty percent of the funds allocated pursuant to this\\nsection shall be made available to any one school district and provided\\nfurther that a city school district in a city with populations in excess\\nof one million inhabitants may, notwithstanding any other provision of\\nthis section, allocate a portion of the grant received pursuant to this\\nsection for teacher recruitment and outreach activities provided that\\nany allocation for teacher recruitment and outreach activities shall not\\nexceed two hundred twenty-five thousand dollars.\\n d. In allocating grants pursuant to this section, a school district\\nshall give priority in the following order:\\n (1) first, to a school under registration review that is designated as\\na teacher shortage area;\\n (2) second, to any school performing significantly below state\\nstandards as defined by the commissioner; and\\n (3) third, to any school that is designated as a teacher shortage\\narea.\\n e. Any school district receiving funds under this section shall\\nmaintain any local effort in the current year equivalent to such effort\\nin the base year for any local program related to the recruitment or\\nretention of teachers or any program that has purposes that are similar\\nto any purpose of this section or the district shall provide a local\\nmatch to state funds received pursuant to this section. State funds\\nprovided pursuant to this section shall not supplant local funds for any\\npurpose similar to the purposes of this section.\\n f. Applications by a school district for funding pursuant to this\\nsection shall be filed with the commissioner, in a form determined by\\nthe commissioner, by June first of the base year and school districts\\nshall be notified of their grant award by June thirtieth of the base\\nyear, provided that in any year such application and award dates may be\\nmodified by the commissioner for the reasonable administration of the\\nprogram. Such application shall include a plan by the school district\\nfor the expenditure of the funds in each category of allowable expenses\\nauthorized by subdivisions three, four, five, six, seven and eight of\\nthis section, and such expenditures shall be consistent with such plan\\nand the provisions of this section.\\n g. A person receiving an award pursuant to any subdivision of this\\nsection shall not be eligible for an award pursuant to any other\\nsubdivision of this section in a school year.\\n 3. Teachers of tomorrow teacher recruitment incentive program.\\nTeachers of tomorrow teacher recruitment incentive awards may be\\navailable to teachers pursuant to the provisions of this subdivision to\\nattract teachers to employment in teacher shortage areas.\\n a. Eligibility. To be eligible for an award pursuant to this\\nsubdivision, an applicant shall:\\n (1) have initial, provisional, permanent or professional certification\\nto teach in New York state;\\n (2) agree to a service obligation of one year of service in a teacher\\nshortage area as a condition of receiving an award pursuant to this\\nsubdivision; and\\n (3) be employed for the first time as a teacher in the school\\ndistrict.\\n b. Application and selection. (1) The board of education shall\\ndetermine the form of the application and the application process for\\nteachers deemed eligible for the award, and shall in its discretion\\nselect the number of eligible applicants who will receive an award\\npursuant to this subdivision.\\n (2) If the number of eligible applicants exceeds the number of awards\\ndetermined by the board pursuant to this subdivision then the board\\nshall use an objective competitive process based on educational\\nqualifications to determine which eligible applicants shall receive\\nawards.\\n c. Payment of awards. (1) Annual awards from state and local funds\\nprovided for this purpose shall be paid by the board of education to the\\naward recipient. Award recipients shall be entitled to receive awards\\npursuant to the provisions of this subdivision and such awards shall be\\nin addition to and not part of any award recipient's base salary.\\n (2) The initial annual award shall be three thousand four hundred\\ndollars, and such initial award may be renewable each year, for up to\\nthree additional years, provided that the recipient agrees to one year\\nof service as a full-time teacher in a teacher shortage area for each\\nyear of a renewed award and has provided satisfactory service in any\\nprior year in which an initial or renewed award was granted to the\\nrecipient. No awards shall be made for less than one school year of\\nservice and the sum of any initial and renewed awards shall not exceed\\nthirteen thousand six hundred dollars.\\n Awards made pursuant to this subdivision shall be used to reimburse\\nany educational costs, including those for which student loans may have\\nbeen taken, incurred by the recipient prior to receipt of the award for\\ncertification as a teacher in the public schools of the state.\\n (3) The board of education shall develop and secure from the award\\nrecipient a written agreement outlining the service obligation. Such\\nagreement shall include provisions for the recipient to repay the amount\\nof the award to the school district if the recipient fails to complete\\ntheir service obligation in any year where an initial or renewed award\\nis granted, and such repaid amounts shall be deducted from any grant\\namounts due to the district from the state pursuant to this section.\\nUpon a written appeal by an award recipient, the board of education, in\\nits discretion, may provide a waiver of repayment provisions for an\\naward recipient who fails to complete his or her service requirement for\\ndocumented reasons of health or other severe hardship, as determined by\\nthe commissioner.\\n d. Notification. The board of education shall notify both successful\\nand unsuccessful applicants by September first of any school year for\\nwhich an initial or renewed award is provided to teachers pursuant to\\nthis subdivision.\\n 4. Teachers of tomorrow certification stipends. Teachers of tomorrow\\ncertification stipends may be available to eligible teachers pursuant to\\nthis subdivision for the purpose of providing additional training and\\neducation required for the applicants to obtain initial or provisional\\ncertification. Such additional training and education may be held during\\nthe summer or during any other season or time of the year.\\n a. Eligibility. To be eligible for an award pursuant to this\\nsubdivision, an applicant shall:\\n (1) provide proof that he or she has received a temporary license to\\nteach from the commissioner and at the time of application does not hold\\nany initial, provisional, permanent or professional certification to\\nteach in the public schools of the state; and\\n (2) agree to a service obligation of one year of service in a teacher\\nshortage area as a condition for receiving an award pursuant to this\\nsubdivision.\\n b. Application and selection. (1) The board of education shall\\ndetermine the form of the application and the application process for\\nteachers deemed eligible for the award, and shall in its discretion\\nselect the number of eligible applicants who will receive an award\\npursuant to this subdivision.\\n (2) If the number of eligible applicants exceeds the number of awards\\ndetermined by the board pursuant to this subdivision then the board\\nshall use an objective competitive process based on educational\\nqualifications to determine which eligible applicants shall receive\\nawards.\\n c. Payment of awards. (1) Annual awards from state and local funds\\nprovided for this purpose shall be paid by the board of education to the\\naward recipient. No award shall be made for less than one year of\\nservice.\\n (2) Allowable expenses. Awards may be used for the payment of expenses\\nincurred by the recipient for the following purposes:\\n (i) tuition charged for test preparation workshops intended to prepare\\nrecipients to pass teacher certification exams required for initial or\\nprovisional teacher certification, which shall be provided by the board\\nof education either through a contract for such services or by providing\\nsuch services through employees of the board of education; and\\n (ii) tuition charged for any additional coursework at an accredited\\ninstitution of higher education required of the recipient to receive\\ninitial or provisional teacher certification, as determined by the\\ncommissioner.\\n (3) Certification stipends of two thousand dollars each may be\\nprovided pursuant to this subdivision to award recipients. Fifty percent\\nof each award amount shall be payable from state funds provided to the\\nschool district pursuant to this section and the remaining fifty percent\\nshall be payable by the board of education from other sources of\\nrevenue, provided that if the board of education elects to provide the\\nservices described in clause (i) of subparagraph two of this paragraph\\nthen such remaining fifty percent share may be paid by the board through\\nin-kind direct services to the award recipient.\\n (i) Awards shall be paid to award recipients upon proof of the\\nrecipient's expenditure for allowable expenses as provided for in\\nclauses (i) and (ii) of subparagraph two of this paragraph.\\n (ii) Such awards shall be in an amount of two thousand dollars per\\naward or the actual expenses incurred by the recipient, whichever is\\nless.\\n (iii) No person shall be eligible for more than one award pursuant to\\nthis subdivision.\\n (4) The board of education shall develop and secure from the award\\nrecipient a written agreement outlining the service obligation. Such\\nagreement shall include provisions for the recipient to repay the amount\\nof the award to the school district if the recipient fails to complete\\ntheir service obligation in any year where an award is granted, and such\\nrepaid amounts shall be deducted from any grant amounts due to the\\ndistrict from the state pursuant to this section. Upon a written appeal\\nby an award recipient, the board of education, in its discretion, may\\nprovide a waiver of repayment provisions for an award recipient who\\nfails to complete his or her service requirement for documented reasons\\nof health or other severe hardship, as determined by the commissioner.\\n d. Notification. The board of education shall notify both successful\\nand unsuccessful applicants by September first of any school year for\\nwhich an initial or renewed award is provided to teachers pursuant to\\nthis subdivision.\\n 5. Teachers of tomorrow summer in the city internship program. City\\nschool districts in cities with populations in excess of one hundred and\\ntwenty-five thousand inhabitants shall be eligible to apply for funding\\npursuant to this section for summer in the city student internships for\\nthe purpose of attracting prospective teachers to opportunities in urban\\neducation.\\n a. Eligibility. To be eligible for an award pursuant to this\\nsubdivision, a student shall:\\n (1) have completed sixty or more hours of credit bearing college\\ncourses, be in good academic standing as determined by the higher\\neducation institution of attendance, have attended an accredited New\\nYork state college or university full-time in the base year, be enrolled\\nin a registered program for the preparation of teachers at an accredited\\nNew York state institution of higher education or have indicated a\\ndesire to enter the teaching profession, and are recommended by their\\ncollege or university to participate in the program.\\n (2) agree to a service obligation of the full duration of the\\ninternship program, as determined by the board of education.\\n b. Application and selection. (1) Boards of education in school\\ndistricts that are eligible for funding pursuant to this section shall\\ndevelop and distribute an application to the accredited colleges and\\nuniversities of the state which have approved teacher education\\nprograms. Such application shall include at a minimum a description of\\nthe program including:\\n (i) the duration of the program which shall operate for at least five\\nor more weeks during the months of June through August generally;\\n (ii) the amount of any stipend for the program;\\n (iii) available housing for the program;\\n (iv) the training and professional development opportunities afforded\\nto the student; and\\n (v) the amount of time the student will spend in direct contact with\\nchildren participating in educational activities.\\n (2) The board of education shall determine the application process for\\nstudents deemed eligible for the award, and shall in its discretion\\nselect the number of eligible applicants who will receive an award\\npursuant to this subdivision.\\n (3) If the number of eligible applicants exceeds the number of awards\\ndetermined by the board pursuant to this subdivision then the board\\nshall use an objective competitive process based on educational\\nqualifications to determine which eligible applicants shall receive\\nawards.\\n c. Payment of awards. (1) Annual awards from state funds provided for\\nthis purpose shall be paid by the board of education to the award\\nrecipient. No award shall be made for less than the duration of the\\nprogram, as determined by the board of education. Nothing shall prohibit\\na board of education from allowing an eligible applicant from\\nparticipating in the program more than once, provided the eligible\\napplicant provided satisfactory service in any prior year as determined\\nby the board of education.\\n (2) Allowable expenses. Districts may expend funds pursuant to this\\nsubdivision for:\\n (i) stipends of up to two thousand dollars per student;\\n (ii) housing for a portion of the students participating in the\\nprogram, which shall include provisions for the students to pay a\\nportion of the housing costs and to pay a refundable security deposit on\\nsuch housing;\\n (iii) orientation, training and professional development of the\\nstudents participating in the program; and\\n (iv) other expenses appropriate to the operation of the program, as\\napproved by the commissioner.\\n (3) The board of education shall develop and secure from the award\\nrecipient a written agreement outlining the service obligation. Such\\nagreement shall include provisions for the recipient to repay the amount\\nof any stipend provided pursuant to this subdivision to the school\\ndistrict if the recipient fails to complete their service obligation for\\nany year where an award is granted, and such repaid amounts shall be\\ndeducted from any grant amounts due to the district from the state\\npursuant to this section. Upon a written appeal by an award recipient,\\nthe board of education, in its discretion, may provide a waiver of\\nrepayment provisions for an award recipient who fails to complete his or\\nher service requirement for documented reasons of health or other severe\\nhardship, as determined by the commissioner.\\n d. Colleges and universities may provide credit for the summer in the\\ncity program and may charge a fee for such credit or provide the credit\\nfree of charge. Participation in the summer in the city program shall\\nqualify as a field experience for purposes of any graduation or\\ncertification requirement. Students eligible for the program shall\\nsubmit their application to the board of education by the date\\ndetermined by the board of education.\\n e. Notification. The board of education shall inform eligible\\napplicants of their selection for the program by a date determined by\\nthe board of education.\\n 6. New York state master teacher program. a. New York state master\\nteacher awards may be available to teachers pursuant to the provisions\\nof this subdivision to attract highly qualified, experienced, expert\\nteachers to low performing schools.\\n b. The commissioner shall establish and maintain a list of persons\\neligible to serve as master teachers for the purposes of this\\nsubdivision.\\n c. School districts eligible to participate in this program are those\\ndistricts which contain a school building that has been designated as a\\nlow performing school.\\n d. Such school districts, upon notification of eligibility by the\\ncommissioner, may apply for funding pursuant to this section to obtain\\nmaster teachers to serve in low performing school buildings.\\n e. Eligibility. A person shall be eligible to serve as a master\\nteacher if he or she meets the following criteria:\\n (1) he or she has received national board certification from the\\nNational Board for Professional Teaching Standards.\\n (2) he or she is to be employed full-time for the school year by a\\npublic school designated as a low performing school.\\n (3) he or she agrees to a service obligation of three years of service\\nin a low performing school as a condition of receiving awards pursuant\\nto this subdivision.\\n f. Application and selection. (1) The board of education shall\\ndetermine the form of the application and the application process for\\nteachers deemed eligible for the award, and shall in its discretion\\nselect the number of eligible applicants who will receive an award\\npursuant to this subdivision.\\n (2) If the number of eligible applicants exceeds the number of awards\\ndetermined by the board pursuant to this subdivision then the board\\nshall use an objective competitive process based on educational\\nqualifications to determine which eligible applicants shall receive\\nawards.\\n g. Payment of awards. (1) Annual awards from state funds provided for\\nthis purpose shall be paid by the board of education to the award\\nrecipient.\\n (2) The initial annual award shall be ten thousand dollars, and such\\ninitial annual award may be renewable each year, for two additional\\nyears, provided that the recipient has provided satisfactory service in\\nany prior year in which an initial or renewed annual award was granted\\nto the recipient and the recipient continues to fulfill his or her\\nservice obligation. No annual awards shall be made for less than one\\nyear of service and provided further that the sum of any initial and\\nrenewed annual awards shall not exceed thirty thousand dollars.\\n (3) The board of education shall develop and secure from the award\\nrecipient a written agreement outlining the service obligation. Such\\nagreement shall include provisions for the recipient to repay the amount\\nof the annual award to the school district if the recipient fails to\\ncomplete a year of service in any year where an initial or renewed award\\nis granted, and such repaid amounts shall be deducted from any grant\\namounts due to the district from the state pursuant to this section.\\nUpon a written appeal by an award recipient, the board of education, in\\nits discretion, may provide a waiver of repayment provisions for an\\naward recipient who fails to complete his or her service requirement for\\ndocumented reasons of health or other severe hardship, as determined by\\nthe commissioner.\\n h. Each board of education and particular master teacher shall agree\\nto a three-year term in an eligible school building for each master\\nteacher appointment and each master teacher shall be assigned partner\\nclassroom teachers. In addition to assigned teaching duties, activities\\nto be undertaken by the master teacher shall include, but are not\\nlimited to, engaging in daily and long-term planning and assessment with\\npartner teachers, modeling teaching techniques and strategies, and\\nserving as classroom experts who provide ongoing support to teachers and\\nchildren.\\n i. Upon completion of such master teacher's term of participation in\\nthe program, the master teacher shall have the right to return to the\\nposition he or she held immediately prior to appointment as a master\\nteacher without loss of tenure, seniority or other employment rights.\\n j. Notification. The board of education shall inform eligible\\napplicants of their selection for the program by a date determined by\\nthe board of education.\\n 7. Teacher recruitment tuition reimbursement program. A tuition\\nreimbursement program may be available to teachers pursuant to the\\nprovisions of this subdivision, as an incentive to attract qualified\\nteachers to teacher shortage areas.\\n a. Definition. The term \"approved course\" shall mean a course in a\\nregistered program for the preparation of teachers at an accredited New\\nYork state institution of higher education which is taken towards\\nmeeting requirements for permanent certification to teach in the public\\nschools of the state.\\n b. Eligibility. A person shall be eligible for a tuition reimbursement\\naward if he or she meets the following criteria:\\n (1) has received initial or provisional certification to teach in the\\npublic schools of the state and does not hold any permanent or\\nprofessional certification to teach in the public schools of the state;\\n (2) he or she is employed full-time for the school year by a public\\nschool designated as a teacher shortage area; and\\n (3) he or she agrees to a service obligation of one year of service in\\na teacher shortage area as a condition of receiving the award.\\n c. Application and selection. (1) The board of education shall\\ndetermine the form of the application and the application process for\\nteachers deemed eligible for the award, and shall in its discretion\\nselect the number of eligible applicants who will receive an award\\npursuant to this subdivision.\\n (2) If the number of eligible applicants exceeds the number of awards\\ndetermined by the board pursuant to this subdivision then the board\\nshall use an objective competitive process based on educational\\nqualifications to determine which eligible applicants shall receive\\nawards.\\n d. Payment of awards. (1) Annual awards from state funds provided for\\nthis purpose shall be paid by the board of education to the award\\nrecipient.\\n (2) The initial reimbursement award shall be seven hundred dollars or\\nthe actual cost of one approved course, whichever is less, provided that\\na recipient shall be eligible to receive three initial reimbursement\\nawards in the school year. Such initial award shall be renewable for up\\nto one additional year and such renewed reimbursement award shall be\\nseven hundred dollars or the actual cost of one approved course,\\nwhichever is less, provided that a recipient shall be eligible to\\nreceive three renewed reimbursement awards in the school year, and\\nprovided further that such eligible teacher has provided satisfactory\\nservice in the prior year as determined by the board of education to be\\neligible for any initial or renewed reimbursement awards. In no case\\nshall the sum of any initial and renewed reimbursement awards exceed\\nfour thousand two hundred dollars.\\n (3) The board of education shall develop and secure from the award\\nrecipient a written agreement outlining the service obligation. Such\\nagreement shall include provisions for the recipient to repay the amount\\nof any reimbursement awards received to the school district if the\\nrecipient fails to complete a year of service in any year where any\\ninitial or renewed awards are granted, and such repaid amounts shall be\\ndeducted from any grant amounts due to the district from the state\\npursuant to this section. Upon a written appeal by an award recipient,\\nthe board of education, in its discretion, may provide a waiver of\\nrepayment provisions for an award recipient who fails to complete his or\\nher service requirement for documented reasons of health or other severe\\nhardship, as determined by the commissioner.\\n e. After February first, two thousand four, any course for which\\ntuition reimbursement is made shall not be counted toward any continuing\\neducation required of persons certified to teach in the public schools\\nof the state.\\n f. Notification. The board of education shall inform eligible\\napplicants of their selection for the program by a date determined by\\nthe board of education.\\n 8. Summer teacher training program. In a city school district with a\\npopulation of one million or more, intensive summer teacher training may\\nbe provided pursuant to this subdivision to certified teachers teaching\\nin a teacher shortage area that will be employed for the first time in\\nthe city school district as a certified teacher.\\n a. Eligibility and selection. Such training may be provided to\\nteachers who hold initial, provisional, permanent or professional\\ncertification to teach in the public schools of the state who will be\\nemployed for the first time in the city school district. The board of\\neducation shall establish a selection process by which new teachers are\\nchosen to participate in this program. Such process at a minimum shall\\ninclude:\\n (1) proof that the applicant has received, or is eligible to receive,\\ninitial, provisional, permanent or professional certification to teach\\nin the public schools of the state; and\\n (2) proof that the applicant will be employed for the first time in\\nthe city school district as a certified teacher in a teacher shortage\\narea.\\n b. Allowable expenses. Funds provided for summer teacher training may\\nbe used for the payment of expenses incurred by the district for\\ntraining and orientation of certified teachers employed by the district\\nfor the first time including team teaching with cooperating teachers,\\nobserving summer school classes, and training on meeting new standards\\nand assessments provided such expenditures from state funds for this\\npurpose shall not exceed one thousand dollars per eligible participant.\\nNothing in this subdivision shall limit the expenditure of local funds\\nfor the purposes of this subdivision.\\n 9. Science, mathematics and bilingual education tuition reimbursement\\nprogram. Of the amount appropriated for purposes of this section for\\ngrants to school districts for the two thousand seven--two thousand\\neight school year and thereafter, five million dollars ($5,000,000)\\nshall be made available for a science, mathematics and bilingual\\neducation tuition reimbursement program developed by the commissioner to\\nattract qualified teachers who have received or will receive a\\ntransitional teaching certificate, to teach mathematics, science, or\\nbilingual education in a low-performing school.\\n 10. Reporting. By November first following the completion of each\\nschool year, the commissioner shall report to the governor and the\\nlegislature regarding the teachers of tomorrow teacher recruitment and\\nretention program. Such report shall list the amount of each school\\ndistrict's total grant pursuant to this section, the uses of the grant\\nby each eligible category of expense, the number of awards granted by\\ntype pursuant to this section and, if applicable, the number of persons\\nreceiving more than one award of a single type or more than one type of\\naward and the number of such awards for these individuals, as well as an\\nanalysis of the effectiveness of the program in recruiting and retaining\\nteachers in the public schools of the state designated as teacher\\nshortage areas.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3613", "title" : "School district reorganizations and real property tax rates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3613", "activeDate" : "2014-09-22", "sequenceNo" : 1183, "repealedDate" : null, "fromSection" : "3613", "toSection" : "3613", "text" : " § 3613. School district reorganizations and real property tax rates.\\n1. When two or more school districts propose to reorganize pursuant to\\nsections fifteen hundred eleven through fifteen hundred thirteen,\\nfifteen hundred twenty-four, fifteen hundred twenty-six, seventeen\\nhundred five, or eighteen hundred one through eighteen hundred three of\\nthis chapter, and under the law that would otherwise be applicable, the\\nreorganization would have an impact upon the school tax rates within the\\nareas served by the school districts that existed prior to the\\nreorganization, notwithstanding any other provision of law to the\\ncontrary, the boards of education or trustees of all the school\\ndistricts participating in the proposed reorganization may opt to have\\nthat impact deferred for a one-year period and/or phased-in over a\\nperiod as may be determined by the boards of education or trustees of\\nall participating school districts in the manner prescribed by this\\nsection but which shall not exceed a ten-year period. To exercise such\\noption, the boards of education or trustees of all participating school\\ndistricts, after conducting a public hearing, may adopt a resolution at\\nleast forty-five days prior to the special district meeting at which the\\nreorganization vote will be held, to defer and/or phase-in the impact as\\nprovided herein. If the board of education or trustees of any\\nparticipating school district does not approve such a resolution opting\\nfor a common phase-in period, the provisions of this section shall not\\napply.\\n 2. During the one-year deferral period, the tax rate for each portion\\nof the school district shall be calculated in the following manner:\\n (a) Determine the assessed value tax rate that applied for the school\\nyear immediately preceding the school year in which the reorganization\\ntook effect.\\n (b) Multiply that assessed value tax rate by the state equalization\\nrate applicable to the portion for the school year immediately preceding\\nthe school year in which the reorganization took effect.\\n (c) Divide the product so determined by the state equalization rate\\napplicable to the portion for the first school year of the reorganized\\nschool district. The quotient is the assessed value tax rate for the\\nportion for that school year. Provided, that if the sum of the real\\nproperty tax levies in all of the portions in the school district, using\\nthe assessed value tax rates computed pursuant to this subdivision,\\nwould yield a real property tax levy that is above or below the total\\nreal property tax levy specified in the school district budget for the\\ncurrent school year, the assessed value tax rates shall all be decreased\\nor increased proportionately so as to yield the specified real property\\ntax levy amount.\\n 3. During each year of a phase-in period, whose duration up to ten\\nyears shall have been determined by the boards of education or trustees\\nof the constituent school districts, the tax rate for each portion of\\nthe reorganized school district shall be calculated in the following\\nmanner:\\n (a) Determine the assessed value tax rate that applied for the school\\nyear immediately preceding the school year in which the reorganization\\ntook effect.\\n (b) Multiply that assessed value tax rate by the state equalization\\nrate applicable to the portion for the school year immediately preceding\\nthe school year in which the reorganization took effect. The result is\\nthe base full value tax rate of the portion.\\n (c) Determine the assessed value tax rate that would have applied in\\nthe portion but for the provisions of this section.\\n (d) Multiply that assessed value tax rate by the state equalization\\nrate that would have applied for the current school year but for the\\nprovisions of this section. The result is the target full value tax rate\\nfor the portion.\\n (e) Determine the difference between the target full value tax rate\\nand the base full value tax rate for the portion.\\n (f) Divide the difference so determined by the total number of years\\nin the phase-in period applicable to the school district.\\n (g) Multiply the quotient so determined by the number of years from\\nthe beginning of the phase-in period up to and including the year for\\nwhich the tax rate is being determined.\\n (h) Add the product so determined to the base full value tax rate.\\n (i) Divide the sum so determined by the applicable equalization rate.\\nThe quotient is the assessed value tax rate for the portion for the\\ncurrent school year. Provided, that if the sum of the real property tax\\nlevies in all of the portions in the school district, using the assessed\\nvalue tax rates computed pursuant to this subdivision, would yield a\\nreal property tax levy that is above or below the total real property\\ntax levy specified in the school district budget for the current school\\nyear, the assessed value tax rates shall all be decreased or increased\\nproportionately so as to yield the specified real property tax levy\\namount.\\n 4. As used herein the term \"portion\" means that part of an assessing\\nunit located within a school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 22 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A73P2", "title" : "Aidable Transportation Expense", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1184, "repealedDate" : null, "fromSection" : "3620", "toSection" : "3628", "text" : " PART II\\n AIDABLE TRANSPORTATION EXPENSE\\nSection 3620. Application.\\n 3621. Definitions.\\n 3622. Routes.\\n 3622-a. Aidable regular transportation.\\n 3623. School buses.\\n 3623-a. Allowable transportation expense.\\n 3624. Drivers.\\n 3625. Contracts.\\n 3626. Data for administration.\\n 3627. Transportation after 5pm.\\n 3628. Excess expenditures.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3620", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3620", "activeDate" : "2014-09-22", "sequenceNo" : 1185, "repealedDate" : null, "fromSection" : "3620", "toSection" : "3620", "text" : " § 3620. Application. Part two of this article applies to all school\\ndistricts which receive a quota for the transportation of pupils. It is\\nnot intended by any provision in part two of this article to change or\\nmodify in any manner the provisions of this chapter providing and\\ngranting transportation to all children irrespective of the school they\\nlegally attend.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3621", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3621", "activeDate" : "2014-09-22", "sequenceNo" : 1186, "repealedDate" : null, "fromSection" : "3621", "toSection" : "3621", "text" : " § 3621. Definitions. As used in this part and subdivision seven of\\nsection thirty-six hundred two of this article:\\n 1. \"School district\" means common school districts, to the extent that\\nthey provide transportation of students in grades seven through twelve\\nto a school outside the district, consolidated school districts, central\\nschool districts, central high school districts, union free school\\ndistricts, except special act school districts as defined in section\\nfour thousand one of this chapter, and city school districts.\\nNotwithstanding any provision contained in this chapter to the contrary,\\nthe transportation aid provided, pursuant to subdivision seven of\\nsection thirty-six hundred two of this article and this part shall not\\nbe apportioned and paid to any school district not maintaining a home\\nschool, or to a common school for pupils in kindergarten through grade\\nsix.\\n 2. a. \"Pupil\" means a child for whom transportation aid is paid and\\nwho lives more than one and one-half miles from the school which he or\\nshe attends, measured by the nearest available road to such school, or a\\nchild who lives more than one mile from an approved route, measured by\\nthe nearest available road to such route, and also lives more than one\\nand one-half miles from the school which he or she attends. Nothing\\ncontained in this subdivision shall be deemed to require a school\\ndistrict to furnish transportation to a child who, if a student in an\\nelementary grade, lives less than two miles or, if a student in an\\nacademic grade, lives less than three miles from the school which he or\\nshe attends, measured by the nearest available road. \"Pupil\" also means\\na child living more than one and one-half miles from the school which he\\nor she attends who is transported between home and school by a regional\\nor joint transportation system. \"Pupil\" also means a child of a pupil\\nlegally attending an elementary or secondary school who receives\\ntransportation pursuant to paragraph f of subdivision one of section\\nthirty-six hundred thirty-five of this article and who lives more than\\none and one-half miles from the school which his or her parent attends,\\nmeasured by the nearest available road to such school, or such a child\\nwho lives more than one mile from an approved route, measured by the\\nnearest available road to such route, and also lives more than one and\\none-half miles from the school which his or her parent legally attends.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\nany school district which provides transportation pursuant to an order\\nof the commissioner, dated the fourth day of August, nineteen hundred\\nseventy-eight, for pupils attending grades kindergarten through four who\\nlive more than eight-tenths of a mile but less than one and one-half\\nmiles from the school they legally attend shall be entitled to an\\napportionment on the cost of such transportation pursuant to subdivision\\nseven of section thirty-six hundred two of this article.\\n c. Notwithstanding the provisions of paragraph a of this subdivision,\\nany school district which provides transportation pursuant to an order\\nof the commissioner, dated the nineteenth day of August, nineteen\\nhundred seventy-seven, for elementary pupils who live more than\\neight-tenths of a mile but less than one and one-half miles from the\\nschool they legally attend, or such other distance as the board of\\neducation may establish with the prior approval of the commissioner,\\nshall be entitled to an apportionment on the cost of such transportation\\npursuant to subdivision seven of section thirty-six hundred two of this\\narticle.\\n 3. \"Route\" means a highway or highways over and upon which a school\\nbus regularly travels in accordance with a schedule maintained for the\\ntransportation of pupils from their homes to school.\\n 4. \"Total annual mileage\" means the actual mileage for all purposes\\nattributable to district-owned school buses for the school year period\\nof July first through June thirtieth, based on odometer readings,\\nincluding mileage for school buses disposed of during the July first\\nthrough June thirtieth period.\\n 5. \"Total annual allowable mileage\" means the actual mileage for\\ntransporting pupils to and from school once daily over scheduled routes\\nattributable to district-owned or leased school buses for the school\\nyear period of July first through June thirtieth, based odometer\\nreadings, including mileage for school buses disposed of during the July\\nfirst through June thirtieth period.\\n 6. \"School bus\" means any vehicle or other means of conveyance used\\nfor the purpose of transporting pupils.\\n 7. \"Storage\" means any school bus garage facilities or sites which may\\nbe approved by the commissioner.\\n 8. \"Regional or joint transportation system\" means a transportation\\nsystem in which a school district participates pursuant to a contract\\nexecuted in accordance with paragraph h of subdivision twenty-five of\\nsection seventeen hundred nine of this chapter.\\n 9. \"District share of the cost of regional or joint transportation\\nsystems\" shall mean the share of the cost of such transportation\\nprorated among all the school district or districts and board or boards\\nof cooperative educational services participating in the regional or\\njoint transportation, as determined in accordance with regulations\\npromulgated by the commissioner, provided that in no case shall there be\\nany deduction made in determining transportation aid on the basis of bus\\nmileage travelled in transporting children pursuant to a contract\\nexecuted in accordance with paragraph h of subdivision twenty-five of\\nsection seventeen hundred nine of this chapter and provided that\\ntransportation aid for jointly operated transportation system shall be\\ndetermined in the same manner as for individual school districts.\\n 10. School bus stop-arm. The term \"school bus stop-arm\" means an\\nauxiliary device conforming to the standards established by the\\ncommissioner pursuant to subdivision twenty-one-c of section three\\nhundred seventy-five of the vehicle and traffic law.\\n 11. School bus back up beeper. The term \"school bus back up beeper\"\\nmeans an auxiliary device conforming to the standards established by the\\ncommissioner pursuant to subdivision twenty-one-d of section three\\nhundred seventy-five of the vehicle and traffic law.\\n 12. School bus front crossing arm. The term \"school bus front crossing\\narm\" means an auxiliary device conforming to the standards established\\nby the commissioner pursuant to subdivision twenty-one-e of section\\nthree hundred seventy-five of the vehicle and traffic law.\\n 13. School bus safety sensor device. The term \"school bus safety\\nsensor device\" means an auxiliary device conforming to the standards\\nestablished by the commissioner pursuant to subdivision twenty-one-f of\\nsection three hundred seventy-five of the vehicle and traffic law.\\n 14. \"Exterior reflective markings\" shall mean the exterior reflective\\nmarking required to be attached to school buses pursuant to subdivision\\ntwenty-one-h of section three hundred seventy-five of the vehicle and\\ntraffic law.\\n 15. School bus engine fire suppression system. The term \"school bus\\nengine fire suppression system\" shall mean an auxiliary device required\\nto be installed pursuant to subdivision twenty-one-i of section three\\nhundred seventy-five of the vehicle and traffic law and which conforms\\nto standards established by the commissioner of transportation pursuant\\nto such subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3622", "title" : "Routes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3622", "activeDate" : "2014-09-22", "sequenceNo" : 1187, "repealedDate" : null, "fromSection" : "3622", "toSection" : "3622", "text" : " § 3622. Routes. The board of education or trustees shall plan each\\nschool transportation route, as defined in subdivision three of section\\nthirty-six hundred twenty-one of this article, in such manner as to\\npromote maximum efficiency in the operation of a school bus on such\\nroute. Whenever practicable each route shall be planned to operate\\nwithin the boundary of a school district. If any or all pupils of a\\nschool district receive instruction in a school or schools beyond the\\nboundary of such district, the board shall plan a route or routes beyond\\nthe boundary of such district to such school or schools for such pupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3622-A", "title" : "Aidable regular transportation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "3622-A", "activeDate" : "2014-09-22", "sequenceNo" : 1188, "repealedDate" : null, "fromSection" : "3622-A", "toSection" : "3622-A", "text" : " § 3622-a. Aidable regular transportation. For the computation of\\ntransportation aid pursuant to the requirements of subdivision seven of\\nsection thirty-six hundred two of this article and this part, aidable\\nregular transportation shall include the following, provided that the\\nschool district shall have voted to furnish such transportation, as\\nprovided by law, or that the commissioner shall have directed that such\\ntransportation be furnished; and provided further that transportation\\naid shall not be paid in a case where the provision made for\\ntransportation is inadequate and is disapproved by the commissioner:\\n 1. Transportation of pupils to and from school once daily, provided,\\nhowever, in no case shall there be any deduction made in determining\\naidable regular transportation on the basis of bus mileage travelled in\\ntransporting children as part of a regional or joint transportation\\nsystem;\\n 2. For school districts that do not maintain a high school,\\ntransportation for its pupils who have completed the work of the sixth\\ngrade and are receiving instruction in another district;\\n 3. Out-of-district transportation designed to relieve temporary\\novercrowding, subject to the approval of the commissioner;\\n 4. Out-of-district transportation to nonpublic elementary or high\\nschools;\\n 5. Transportation of pupils during the school day to and from programs\\nat a board of cooperative educational services or to or from approved\\nshared programs at other school districts, which programs may lead to a\\ndiploma or a high school equivalency diploma or to or from career\\neducation programs operated within the district;\\n 6. Transportation of pupils to and from approved summer school\\nprograms operated by a school district in the two thousand--two thousand\\none school year and thereafter, provided, however, that if the total\\nstatewide apportionment attributable to allowable transportation\\nexpenses incurred pursuant to this subdivision exceeds five million\\ndollars ($5,000,000), individual school district allocations shall be\\nprorated to ensure that the apportionment for such summer transportation\\ndoes not exceed five million dollars ($5,000,000), provided that such\\nprorated apportionment computed and payable as of September one of the\\nschool year immediately following the school year for which such aid is\\nclaimed shall be deemed final and not subject to change; and\\n 7. Transportation provided pursuant to section thirty-six hundred\\nthirty-five-b of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3623", "title" : "School buses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3623", "activeDate" : "2014-09-22", "sequenceNo" : 1189, "repealedDate" : null, "fromSection" : "3623", "toSection" : "3623", "text" : " § 3623. School buses. 1. a. The commissioner of transportation in\\nconsultation with the commissioner shall adopt, promulgate and enforce\\nrules, standards and specifications regulating and controlling the\\nefficiency and equipment of school buses used to transport pupils, with\\nparticular regard to the safety and convenience of such pupils and the\\nsuitability and adaptability of such school buses to the requirements of\\nthe school district. No school bus shall be purchased by a school\\ndistrict or used for the transportation of pupils unless and until it\\nhas been approved by the commissioner of transportation as complying\\nwith the rules, standards and specifications relating thereto.\\n b. No bus manufactured after January first, nineteen hundred\\nseventy-four shall be used to transport pupils under any contract with a\\nschool district or board of cooperative educational services unless it\\nhas been similarly approved by the commissioner of transportation,\\nexcept that no such approval shall be required for buses used to\\ntransport pupils and also used to serve the general public under a\\ncertificate of public convenience for the operation of a bus line,\\ngranted pursuant to the transportation law or for buses used to\\ntransport pupils, teachers and other persons acting in a supervisory\\ncapacity to and from school activities and which bus does not receive or\\ndischarge passengers on or along the public highways on regularly\\nscheduled routes and is operating under a permit as a contract carrier\\nof passengers granted pursuant to the transportation law or by the\\ninterstate commerce commission. School buses manufactured or assembled\\nprior to April first, nineteen hundred seventy-seven may not be used to\\ntransport pupils, teachers and other persons acting in a supervisory\\ncapacity to and from school activities.\\n c. The commissioner shall establish and provide for the enforcement of\\nrules and regulations requiring instruction on the use of seat safety\\nbelts as specified in subdivision five of section three hundred\\neighty-three of the vehicle and traffic law and section thirty-six\\nhundred thirty-five-a of this chapter, drills in safe boarding and\\nexiting procedures and emergency drills to be conducted on all school\\nbuses and shall emphasize specific hazards encountered by children\\nduring snow, ice, rain and other inclement weather. All such drills\\nshall include instruction in the importance of orderly conduct by all\\nschool bus passengers. A minimum of three such drills shall be had on\\neach school bus during the school year, the first to be conducted during\\nthe first seven days of session of the fall term.\\n 2. The commissioner shall, after public hearing, promulgate rules and\\nregulations requiring drills on school buses for those pupils who do not\\nparticipate in such drills required by subdivision one of this section,\\nand the commissioner may provide by such rules and regulations for\\ninstructional alternatives to carry out the purposes of this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3623-A", "title" : "Allowable transportation expense", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-04-21", "2017-08-18", "2018-08-31", "2019-01-18", "2019-04-19", "2021-04-23", "2022-04-15", "2024-04-26", "2024-05-31", "2024-07-12", "2025-05-16" ], "docLevelId" : "3623-A", "activeDate" : "2014-09-22", "sequenceNo" : 1190, "repealedDate" : null, "fromSection" : "3623-A", "toSection" : "3623-A", "text" : " § 3623-a. Allowable transportation expense. For the computation of\\ntransportation aid pursuant to the requirements of subdivision seven of\\nsection thirty-six hundred two of this article and this part, allowable\\ntransportation expense shall include expenditures for aidable regular\\ntransportation as defined in section thirty-six hundred twenty-two-a of\\nthis part, provided that such expense shall be limited to expenditure\\nitems listed in subdivision one of this section as transportation\\noperating expense and in subdivision two of this section as\\ntransportation capital, debt service and lease expense.\\n 1. Transportation operating expense shall include base year\\nexpenditures for the following, provided that such transportation\\noperating expense shall meet the requirements set forth in subdivision\\nthree of this section:\\n a. Computerized bus routing services;\\n b. Contracting for the transportation of any or all of the pupils\\nattending school in such school district, other than a contract with a\\npublic service facility for such transportation operated on routes under\\nfranchise;\\n c. The use of public service facilities on routes operated under\\nfranchise or by a municipality or public authority for any or all of the\\npupils in the district, provided that the allowance for each pupil using\\nsuch facilities shall not exceed two single fares a day for such pupil\\nmultiplied by the number of days which such pupil attends school;\\n d. The school district's share of the cost of a regional or joint\\ntransportation system;\\n e. The following expenses for district operated transportation\\nsystems, including operation of district owned or district leased school\\nbuses:\\n (1) salaries and retirement benefits related to transportation, except\\nsalaries and retirement benefits for assistant drivers on buses\\ntransporting nondisabled pupils;\\n (2) employers' social security contributions for transportation\\npersonnel for whom salaries are allowable;\\n (3) health, life and other insurance premiums for transportation\\npersonnel for whom salaries are allowable;\\n (4) premiums for collision and other insurance coverage for school\\nbuses;\\n (5) uniforms for transportation personnel for whom salaries are\\nallowable;\\n (6) costs incurred by the employer for qualifying criminal history,\\ndrivers license, or other required testing attributable to special\\nrequirements for drivers of school buses pursuant to state or federal\\nlaw;\\n (7) fuel, oil, tires, chains, maintenance and repairs for school\\nbuses;\\n (8) bridge tolls;\\n (9) transportation by boat or airplane, because of the location of the\\nschool district in relation to the school which the children of the\\ndistrict attend, or required room and board in connection therewith\\nnecessitated because of impassable waters or adverse weather conditions,\\nwhich has been approved by the commissioner;\\n (10) the consideration for the contract or contracts made for the\\npurpose of providing transportation by horse-drawn vehicle or vehicles,\\nif any school district shall be required to provide such transportation;\\nand\\n (11) other expenses for district operated transportation systems, as\\napproved pursuant to regulations of the commissioner.\\n f. Other transportation operating expenses as approved pursuant to\\nregulations of the commissioner.\\n 2. Allowable transportation capital, debt service and lease expense\\nshall include base year expenditures for:\\n a. The purchase of school buses as approved by the commissioner;\\n * b. The lease, as approved by the commissioner, of a school bus by a\\nschool district from another school district, board of cooperative\\neducational services or a county vocational education and extension\\nboard, or any school bus leased by a school district from any other\\nsource under emergency conditions, as determined by the commissioner, or\\nany school bus leased by a school district from any other source as\\notherwise authorized by this chapter;\\n * NB Effective until September 1, 2015\\n * b. The lease, as approved by the commissioner, of a school bus by a\\nschool district from another school district, board of cooperative\\neducational services or a county vocational education and extension\\nboard, or any school bus leased by a school district from any other\\nsource under emergency conditions, as determined by the commissioner;\\n * NB Effective September 1, 2015\\n c. The purchase of equipment deemed a proper school district expense,\\nincluding: (i) the purchase of two-way radios to be used on old and new\\nschool buses, (ii) the purchase of stop-arms, to be used on old and new\\nschool buses, (iii) the purchase and installation of seat safety belts\\non school buses in accordance with the provisions of section thirty-six\\nhundred thirty-five-a of this article, (iv) the purchase of school bus\\nback up beepers, (v) the purchase of school bus front crossing arms,\\n(vi) the purchase of school bus safety sensor devices, (vii) the\\npurchase and installation of exterior reflective marking on school\\nbuses, (viii) the purchase of automatic engine fire extinguishing\\nsystems for school buses used to transport students who use wheelchairs\\nor other assistive mobility devices, and (ix) the purchase of other\\nequipment as prescribed in the regulations of the commissioner; and\\n d. Other transportation capital, debt service and lease expense, as\\napproved pursuant to regulations of the commissioner.\\n e. Any approved cost of construction, reconstruction, lease or\\npurchase of a transportation storage facility or site in the amount of\\nten thousand dollars or more shall be aidable in accordance with\\nsubdivision six of section thirty-six hundred two of this article and\\nshall not be aidable as transportation expense.\\n 3. a. The transportation operating expense for any school district\\nfurnishing transportation for pupils attending a school within such\\ndistrict shall be reduced by any moneys received for transportation.\\n b. If a district transports nonresident pupils, moneys received for\\nsuch transportation shall also be deducted in calculating transportation\\naid, provided that in no case shall there be any deduction made in\\ndetermining transportation aid on the basis of bus mileage travelled in\\ntransporting children pursuant to a contract executed in accordance with\\nparagraph h of subdivision twenty-five of section seventeen hundred nine\\nof this chapter.\\n c. Where a school district contracts for the transportation of its\\npupils with a contractor and such contract results in the joint use of\\none or more school buses with another district or districts contracting,\\nindependently, with the same contractor, the transportation operating\\nexpense applicable to such bus or buses for such route or routes shall\\nbe prorated to each district. The total transportation operating expense\\nfor all districts that are parties to such contract shall not exceed the\\nconsideration of the contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3624", "title" : "Drivers, monitors and attendants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3624", "activeDate" : "2014-09-22", "sequenceNo" : 1191, "repealedDate" : null, "fromSection" : "3624", "toSection" : "3624", "text" : " § 3624. Drivers, monitors and attendants. The commissioner shall\\ndetermine and define the qualifications of drivers, monitors and\\nattendants and shall make the rules and regulations governing the\\noperation of all transportation facilities used by pupils which rules\\nand regulations shall include, but not be limited to, a maximum speed of\\nfifty-five miles per hour for school vehicles engaged in pupil\\ntransportation that are operated on roads, interstates or other\\nhighways, parkways or bridges or portions thereof that have posted speed\\nlimits in excess of fifty-five miles per hour, prohibitions relating to\\nsmoking, eating and drinking and any and all other acts or conduct which\\nwould otherwise impair the safe operation of such transportation\\nfacilities while actually being used for the transport of pupils. The\\nemployment of each driver, monitor and attendant shall be approved by\\nthe chief school administrator of a school district for each school bus\\noperated within his or her district. For the purpose of determining his\\nor her physical fitness, each driver, monitor and attendant may be\\nexamined on order of the chief school administrator by a duly licensed\\nphysician within two weeks prior to the beginning of service in each\\nschool year as a school bus driver, monitor or attendant. The report of\\nthe physician, in writing, shall be considered by the chief school\\nadministrator in determining the fitness of the driver to operate or\\ncontinue to operate any transportation facilities used by pupils and in\\ndetermining the fitness of any monitor or attendant to carry out his or\\nher functions on such transportation facilities. Nothing in this section\\nshall prohibit a school district from imposing a more restrictive speed\\nlimit policy for the operation of school vehicles engaged in pupil\\ntransportation than the speed limit policy established by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3625", "title" : "Contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-15" ], "docLevelId" : "3625", "activeDate" : "2014-09-22", "sequenceNo" : 1192, "repealedDate" : null, "fromSection" : "3625", "toSection" : "3625", "text" : " § 3625. Contracts. 1. Form of transportation contracts. Every\\ncontract for transportation of school children shall be in writing, and\\nbefore such contract is filed with the department as required by\\nsubdivision two of this section, the same shall be submitted for\\napproval to the superintendent of schools of said district and such\\ncontract shall not be approved and filed by such superintendent unless\\nhe or she shall first investigate the same with particular reference to\\nthe type of conveyance, the character and ability of the driver, the\\nroutes over which the conveyances shall travel, the time schedule, and\\nsuch other matters as in the judgement of the superintendent are\\nnecessary for the comfort and protection of the children while being\\ntransported to and from school. Every such contract for transportation\\nof children shall contain an agreement upon the part of the contractor\\nthat the vehicle shall come to a full stop before crossing the track or\\ntracks of any railroad and before crossing any state highway.\\n 2. Filing of transportation contracts. Every transportation contract\\nshall be filed with the department within one hundred twenty days of the\\ncommencement of service under such contract. No transportation expense\\nshall be allowed for a period greater than one hundred twenty days prior\\nto the filing of any contract for the transportation of pupils with the\\neducation department. No contract shall be considered filed unless it\\nbears an original signature of the superintendent of a school district\\nor the designee of the superintendent and the sole trustee or president\\nof the board of education of the school district. The final approval of\\nany such contract by the commissioner shall not, however, obligate the\\nstate to allow transportation expense in an amount greater than the\\namount that would be allowed under the provisions of this part. The\\nstate, acting through the department of audit and control, may examine\\nany and all accounts of the contractor in connection with a contract for\\nthe transportation of pupils, and every such contract shall contain the\\nfollowing provision: \"The contractor hereby consents to an audit of any\\nand all financial records relating to this contract by the department of\\naudit and control.\"\\n 3. Allowable expense for transportation contracts. The allowable\\ntransportation expense for any school district contracting for the use\\nof a bus or buses for the transportation of any or all the pupils\\nattending school in such school district, other than a contract with a\\npublic service facility for such transportation operated on routes under\\nfranchise or operated by a municipality or public authority, shall be\\ndetermined in the same manner as though such bus or buses were district\\nowned, except that the amount computed for such bus or buses used in the\\ncomputation of the transportation expense may not exceed the amount of\\nthe contract or contracts for such bus or buses.\\n 4. No transportation aid or other public moneys shall be apportioned\\nand paid as provided in this chapter to any district furnishing\\ntransportation for pupils until the contract for transportation shall\\nalso have been approved by the commissioner. In defraying any expense\\nincurred in providing transportation of any pupils or children under any\\nprovision of this chapter, public moneys apportioned to the district in\\nwhich such pupils or children reside may be used therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3626", "title" : "Data for administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3626", "activeDate" : "2014-09-22", "sequenceNo" : 1193, "repealedDate" : null, "fromSection" : "3626", "toSection" : "3626", "text" : " § 3626. Data for administration. The commissioner may require the\\nclerk of the board of education or the trustee of any school district\\nentitled to transportation aid to file any data deemed necessary for the\\nproper and efficient administration of this part and subdivision seven\\nof section thirty-six hundred two of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3627", "title" : "Transportation after 4pm", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-17", "2016-04-08", "2017-08-18", "2018-04-27", "2019-04-19", "2019-07-05", "2020-04-17", "2022-04-15", "2022-07-08", "2023-05-12", "2023-07-07", "2024-04-26", "2024-05-31", "2024-07-12", "2025-05-16", "2025-07-04" ], "docLevelId" : "3627", "activeDate" : "2014-09-22", "sequenceNo" : 1194, "repealedDate" : null, "fromSection" : "3627", "toSection" : "3627", "text" : " § 3627. Transportation after 4pm. 1. Notwithstanding any other\\nprovisions of this section to the contrary, for the two thousand\\nthirteen--two thousand fourteen and two thousand fourteen--two thousand\\nfifteen school year and thereafter, a city school district located in a\\ncity having a population of one million or more providing transportation\\npursuant to this chapter shall be responsible for:\\n (a) providing transportation for those children attending public and\\nnonpublic schools in grades kindergarten through six who remain at the\\nsame school for which they are enrolled for regularly scheduled academic\\nclasses from half-past nine o'clock in the morning or earlier until four\\no'clock in the afternoon or later, on weekdays, and reside at least one\\nmile from their school of attendance for grades three through six, and\\nat least one-half mile from their school of attendance for grades\\nkindergarten through two or\\n (b) reimbursing the cost incurred by licensed transportation carriers\\npursuant to contracts with such school district for providing\\ntransportation for those children attending public and nonpublic schools\\nin grades kindergarten through six who remain at the same school for\\nwhich they are enrolled for regularly scheduled academic classes from\\nhalf-past nine o'clock in the morning or earlier until four o'clock in\\nthe afternoon or later, on weekdays, and reside at least one mile from\\ntheir school of attendance for grades three through six, and at least\\none-half mile from their school of attendance for grades kindergarten\\nthrough two.\\n 2. Nothing herein shall prohibit the school district from reimbursing\\nfor costs incurred for contracts between the school district and any\\nentity providing or contracting for such transportation service.\\n 3. A district shall not be deemed to have satisfied its obligation\\nunder this section by providing public service transportation.\\n 4. Notwithstanding any other provision of law to the contrary, any\\nexpenditures for transportation provided pursuant to this section in the\\ntwo thousand thirteen--two thousand fourteen and two thousand\\nfourteen--two thousand fifteen school year and thereafter and otherwise\\neligible for transportation aid pursuant to subdivision seven of section\\nthirty-six hundred two of this article shall be considered approved\\ntransportation expenses eligible for transportation aid, provided\\nfurther that such aid shall be limited to eight million one hundred\\nthousand dollars. And provided further that such expenditures eligible\\nfor aid under this section shall supplement not supplant local\\nexpenditures for such transportation in the two thousand twelve--two\\nthousand thirteen school year.\\n 5. Notwithstanding any other provision of this section to the\\ncontrary, in no event shall such city school district, in order to\\ncomply with the requirements of this section, be required to incur any\\ncosts in excess of the amount eligible for transportation aid pursuant\\nto subdivision four of this section. In the event such amount is\\ninsufficient, the city school district of New York shall provide\\ntransportation services within such amount on an equitable basis, until\\nsuch apportionment is exhausted.\\n 6. The chancellor of such school district, in consultation with the\\ncommissioner, shall prescribe the most cost effective system for\\nimplementing the requirements of this section, taking into\\nconsideration: (a) the costs associated with paragraphs (a) and (b) of\\nsubdivision one of this section, and (b) policies that attempt to\\nmaximize student safety for the student to be transported, which for\\npurposes of this section shall include whether the pick up or drop off\\nsite of the transportation is:\\n (i) not further than 600 feet from the student's residence; and/or\\n (ii) at the same locations for any family that have children at the\\nsame residence who attend two or more different schools.\\n 7. (a) In the event the chancellor has not satisfied a district's\\nobligation under this section, a parent or guardian or any\\nrepresentative authorized by such parent or guardian of a child eligible\\nto receive transportation under this section may request the\\ncommissioner to arrange for the provision of the transportation to so\\nsatisfy the requirements of this section.\\n (b) If within sixty days of receiving a request from such a parent or\\nguardian or any representative authorized by such parent or guardian,\\nthe commissioner determines that the chancellor has not satisfied a\\ndistrict's obligation under this section, then the commissioner shall\\nimmediately direct the chancellor to contract with a licensed\\ntransportation carrier to provide the transportation required pursuant\\nto this section.\\n (c) In the event the chancellor is directed by the commissioner to\\ncontract with a licensed transportation carrier to provide the\\ntransportation required pursuant to this section, the chancellor shall\\nprovide the commissioner with a copy of such proposed contract, before\\nit becomes effective, and the commissioner shall have the power to\\napprove, disapprove or require amendments to such contract before it\\nshall become effective.\\n (d) A district, determined by the commissioner to not be in compliance\\nwith the requirements of this section, shall be responsible for the cost\\nof any transportation contract awarded by the chancellor.\\n 8. The parent or guardian, or any representative authorized by such\\nparent or guardian, may submit a written request for transportation\\nunder this section, in the same manner and upon the same dates as are\\nrequired for a request for transportation pursuant to subdivision two of\\nsection thirty-six hundred thirty-five of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3628", "title" : "Excess expenditures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3628", "activeDate" : "2014-09-22", "sequenceNo" : 1195, "repealedDate" : null, "fromSection" : "3628", "toSection" : "3628", "text" : " § 3628. Excess expenditures. Unless otherwise provided in this part,\\nany expenditure for transportation in excess of the allowable\\ntransportation expense as determined according to the provisions of this\\npart shall not be used in determining the amount of any other form of\\nstate aid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A73P3", "title" : "Transportation Services", "docType" : "PART", "publishedDates" : [ "2014-09-22", "2022-04-15" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1196, "repealedDate" : null, "fromSection" : "3635", "toSection" : "3637", "text" : " PART III\\n TRANSPORTATION SERVICES\\nSection 3635. Transportation.\\n 3635-a. Safety belt usage.\\n 3635-b. Authorization to provide pupil transportation in child\\n safety zones.\\n 3635-c. Standing passengers prohibited.\\n 3636. Passage of school buses across railroad crossings.\\n 3637. Idling school buses on school grounds.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3635", "title" : "Transportation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2019-04-19", "2019-05-03", "2023-09-15", "2023-11-17", "2023-11-26", "2024-04-26", "2024-05-31" ], "docLevelId" : "3635", "activeDate" : "2014-09-22", "sequenceNo" : 1197, "repealedDate" : null, "fromSection" : "3635", "toSection" : "3635", "text" : " § 3635. Transportation. 1. * a. Sufficient transportation facilities\\n(including the operation and maintenance of motor vehicles) shall be\\nprovided by the school district for all the children residing within the\\nschool district to and from the school they legally attend, who are in\\nneed of such transportation because of the remoteness of the school to\\nthe child or for the promotion of the best interest of such children.\\nSuch transportation shall be provided for all children attending grades\\nkindergarten through eight who live more than two miles from the school\\nwhich they legally attend and for all children attending grades nine\\nthrough twelve who live more than three miles from the school which they\\nlegally attend and shall be provided for each such child up to a\\ndistance of fifteen miles, the distances in each case being measured by\\nthe nearest available route from home to school. The cost of providing\\nsuch transportation between two or three miles, as the case may be, and\\nfifteen miles shall be considered for the purposes of this chapter to be\\na charge upon the district and an ordinary contingent expense of the\\ndistrict. Transportation for a lesser distance than two miles in the\\ncase of children attending grades kindergarten through eight or three\\nmiles in the case of children attending grades nine through twelve and\\nfor a greater distance than fifteen miles may be provided by the\\ndistrict with the approval of the qualified voters, and, if provided,\\nshall be offered equally to all children in like circumstances residing\\nin the district; provided, however, that this requirement shall not\\napply to transportation offered pursuant to section thirty-six hundred\\nthirty-five-b of this article.\\n * NB Effective until June 16, 2016\\n * a. Sufficient transportation facilities (including the operation and\\nmaintenance of motor vehicles) shall be provided by the school district\\nfor all the children residing within the school district to and from the\\nschool they legally attend, who are in need of such transportation\\nbecause of the remoteness of the school to the child or for the\\npromotion of the best interest of such children. Such transportation\\nshall be provided for all children attending grades kindergarten through\\neight who live more than two miles from the school which they legally\\nattend and for all children attending grades nine through twelve who\\nlive more than three miles from the school which they legally attend and\\nshall be provided for each such child up to a distance of fifteen miles,\\nthe distances in each case being measured by the nearest available route\\nfrom home to school. The cost of providing such transportation between\\ntwo or three miles, as the case may be, and fifteen miles shall be\\nconsidered for the purposes of this chapter to be a charge upon the\\ndistrict and an ordinary contingent expense of the district.\\nTransportation for a lesser distance than two miles in the case of\\nchildren attending grades kindergarten through eight or three miles in\\nthe case of children attending grades nine through twelve and for a\\ngreater distance than fifteen miles may be provided by the district,\\nand, if provided, shall be offered equally to all children in like\\ncircumstances residing in the district; provided, however, that this\\nrequirement shall not apply to transportation offered pursuant to\\nsection thirty-six hundred thirty-five-b of this article.\\n * NB Effective June 16, 2016\\n b. (i) School districts providing transportation to a nonpublic school\\nfor pupils living within a specified distance from such school shall\\ndesignate one or more public schools as centralized pick-up points and\\nshall provide transportation between such points and such nonpublic\\nschools for students residing in the district who live too far from such\\nnonpublic schools to qualify for transportation between home and school.\\nThe district shall not be responsible for the provision of\\ntransportation for pupils between their home and such pick-up points.\\nThe district may provide school bus transportation to a pupil if the\\nresidence of the pupil is located on an established route for the\\ntransportation of pupils to the centralized pick-up point provided such\\ntransportation does not result in additional costs to the district. The\\ncost of providing transportation between such pick-up points and such\\nnonpublic schools shall be an ordinary contingent expense.\\n (ii) A board of education may, at its discretion, provide\\ntransportation for pupils residing within the district to a nonpublic\\nschool located more than fifteen miles from the home of any such pupil\\nprovided that such transportation has been provided to such nonpublic\\nschool pursuant to this subdivision in at least one of the immediately\\npreceding three school years and such transportation is provided from\\none or more centralized pick-up points designated pursuant to this\\nparagraph and that the distance from such pick-up points to the\\nnonpublic school is not more than fifteen miles. The district shall not\\nbe responsible for the provision of transportation for pupils between\\npupils homes and such pick-up points. The cost of providing\\ntransportation between such pick-up points and such nonpublic schools\\nshall be an ordinary contingent expense.\\n c. The foregoing provisions of this subdivision shall not require\\ntransportation to be provided for children residing within a city school\\ndistrict, but if provided by such district pursuant to other provisions\\nof this chapter, such transportation shall be offered equally to all\\nsuch children in like circumstances; provided further that in city\\nschool districts in cities having a population of one hundred\\ntwenty-five thousand inhabitants or less such transportation, if\\nprovided, shall be subject to the mileage limitations prescribed in\\nparagraph a of this subdivision or such greater or lesser limitations as\\nare approved by the board of education prior to July first, nineteen\\nhundred ninety-six or as otherwise authorized in subdivision twelve of\\nsection twenty-five hundred three of this chapter. City school districts\\nwith a population of more than two hundred twenty-five thousand and less\\nthan three hundred thousand, according to the nineteen hundred eighty\\nfederal census, which elect to provide transportation shall do so in\\naccord with the grade and distance provisions of this subdivision\\nincluding transportation outside the city limits.\\n d. Nothing contained in this subdivision, however, shall be deemed to\\nrequire a school district to furnish transportation to a child directly\\nto or from his or her home.\\n e. In lieu of the transportation provided pursuant to the foregoing\\nprovisions of this subdivision, a board of education may, at its\\ndiscretion, provide transportation to any child attending grades\\nkindergarten through eight between the school such child legally attends\\nand before-and/or-after-school child care locations. For the purposes of\\nthis subdivision, a before-and/or-after-school child care location shall\\nmean a place, other than the child's home, where care for less than\\ntwenty-four hours a day is provided on a regular basis for a child who\\nattends school within the school district, provided that such place is\\nsituated within the school district. This definition includes, but is\\nnot limited to, a variety of child care services such as day care\\ncenters, family day care homes and in-home care by non-relatives. Such\\ntransportation may be provided for children attending grades\\nkindergarten through eight where the distance between the school they\\nlegally attend and before-and/or-after-school child care locations is\\nmore than two miles, and may be provided for up to a distance of fifteen\\nmiles, the distance in each case being measured by the nearest available\\nroute from before-and/or-after-school child care locations to the school\\nthey legally attend, except that transportation for a lesser distance\\nthan two miles or a greater distance than fifteen miles may be provided\\nif transportation for such distances is provided to students between\\nhome and school. Where a child receives transportation from a\\nbefore-school child care location to the school he or she legally\\nattends, such child shall be entitled to receive transportation from the\\nschool he or she legally attends to his or her home or to an\\nafter-school child care location in accordance with this subdivision.\\nWhere a child receives transportation from the school he or she legally\\nattends to an after-school child care location, such child shall be\\nentitled to receive transportation from home to the school he or she\\nlegally attends in accordance with this subdivision. Transportation may\\nbe provided to any child attending grades kindergarten through eight\\nbetween the school the child legally attends and\\nbefore-and/or-after-school child care locations upon written request of\\nthe parent or legal guardian submitted not later than the first day of\\nApril preceding the next school year, provided, however, a parent or\\nguardian of a child not residing in the district on such date shall\\nsubmit a written request within thirty days after establishing residence\\nin the district and provided further that in order to be considered\\neligible for such transportation in the nineteen hundred\\neighty-seven--eighty-eight school year, such request must be submitted\\nby August first, nineteen hundred eighty-seven. The provision of\\ntransportation to or from before-and/or-after-school child care\\nlocations, if provided, shall be offered equally to all children in like\\ncircumstances residing in the district, provided that a board of\\neducation furnishing transportation pursuant to this paragraph may limit\\nthe provision of such transportation to child care locations located\\nwithin the attendance zone of the school the child attends, and to child\\nday care centers and school age child care programs licensed or\\nregistered pursuant to section three hundred ninety of the social\\nservices law located anywhere within the school district. The cost of\\nproviding such transportation between two or three miles, as the case\\nmay be, and fifteen miles shall be considered for the purposes of this\\nchapter to be a charge upon the district. Such substitute transportation\\nexpense shall be eligible for state aid in accordance with clause one of\\nparagraph b of subdivision seven of section thirty-six hundred two of\\nthis chapter. Nothing in this subdivision shall be construed to impose a\\nduty upon boards of education to provide transportation to or from\\nbefore-and/or-after-school child care locations. Nothing in this\\nsubdivision shall be construed to authorize boards of education to\\nprovide to any child transportation between a before-and/or-after-school\\nday care location and that child's home.\\n f. A board of education may, in its discretion, provide transportation\\npursuant to this subdivision to a child of less than school age residing\\nwithin the school district to and from the school which his or her\\nparent legally attends; provided that such child is accompanied by such\\nparent, that such parent is under twenty-one years of age and has not\\nreceived a high school diploma, and that such transportation is\\nfurnished for the purpose of allowing the child to receive child care\\nservices and/or attend a nursery school, pre-school, or parenting\\nprogram. For all purposes under this chapter, a child receiving such\\ntransportation shall be deemed a pupil legally attending the school\\nwhich his or her parent legally attends. The cost of providing such\\ntransportation shall be considered for the purposes of this chapter to\\nbe a charge upon the district and an ordinary contingent expense of the\\ndistrict. Such transportation expense shall be eligible for state aid in\\naccordance with subparagraph (i) of paragraph b of subdivision seven of\\nsection thirty-six hundred two of this article.\\n g. Notwithstanding any other provision of law to the contrary, the\\ntrustees or board of education of any school district may, in its\\ndiscretion, provide transportation for students attending a universal\\npre-kindergarten program in addition to transportation funded by such\\nprogram or transportation for students attending another district\\nsponsored or district-run pre-kindergarten program, within mileage\\nlimits established by the school district; if provided such\\ntransportation shall be offered equally to all children in like\\ncircumstances residing in the district. The cost of providing such\\ntransportation shall be a charge upon the district and for purposes of\\nsubdivision seven of section thirty-six hundred two of this chapter,\\nsuch pupils shall be considered non allowable pupils and the costs of\\ntheir transportation shall not be aidable.\\n 2. A parent or guardian of a child residing in any school district, or\\nany representative authorized by such parent or guardian, who desires\\nfor a child during the next school year any transportation authorized or\\ndirected by this chapter shall submit a written request therefor to the\\nschool trustees or board of education of such district not later than\\nthe first day of April preceding the next school year, provided,\\nhowever, that a parent or guardian of a child not residing in the\\ndistrict on such date shall submit a written request within thirty days\\nafter establishing residence in the district. No late request of a\\nparent or guardian for transportation shall be denied where a reasonable\\nexplanation is provided for the delay. If the voters, school trustees,\\nor board of education fail to provide the transportation authorized or\\ndirected by this chapter after receiving such a request, such parent,\\nguardian or representative, or any taxpayer residing in the district,\\nmay appeal to the commissioner of education, as provided in section\\nthree hundred ten of this chapter. Except as hereinbefore provided, the\\ncommissioner of education shall not require that such parent, guardian\\nor representative present a request for such transportation to any\\nmeeting of the voters, school trustees or board of education in order to\\nappeal. Upon such appeal, the commissioner of education shall make such\\norder as is required to effect compliance with the provisions of this\\nchapter and this section.\\n 2-a. The superintendent of each city school district, in a city having\\na population in excess of one million, shall prepare a public school\\ncalendar and shall notify officials of nonpublic schools to which\\ntransportation has been requested not later than the first day of June\\nin each year, of the days on which the public schools will be in session\\nin the following school year. Such school district which provides\\ntransportation to nonpublic schools shall provide such transportation\\nfor the same number of days as the public schools are open but shall not\\nprovide transportation services for more than one hundred eighty days.\\nOfficials of each nonpublic school to which transportation is provided\\nby a city school district of a city having a population in excess of one\\nmillion may notify such district, not later than the first day of July\\nof each school year, of a maximum of five days, exclusive of Saturdays,\\nSundays or legal holidays upon which public schools are required to be\\nclosed, on which the public schools are scheduled to be closed, except\\nthat in any year in which the first or last day of Passover and Easter\\nSunday are separated by more than seven days, such officials may notify\\nthe district of a maximum of ten days, but such school district will be\\nrequired to provide for transportation to such nonpublic school provided\\nthat such five or ten additional days, whichever is applicable, are\\nlimited to the following: the Tuesday, Wednesday, Thursday and Friday\\nafter Labor Day, Rosh Hashanah, Yom Kippur, the week in which public\\nschools are closed for spring recess, December twenty-fourth and the\\nweek between Christmas day and New Year's day, the Tuesday, Wednesday,\\nThursday and Friday after the observance of Washington's birthday, and,\\nin the boroughs of Brooklyn and Queens only, Anniversary Day as\\ndesignated in section twenty-five hundred eighty-six of this chapter.\\n 3. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, in cities with a population of one million or more, the\\nrequirement of paragraph c of subdivision one of this section, requiring\\nthat a city school district providing transportation for children\\nresiding within such district offer such transportation equally to all\\nsuch children in like circumstances, shall not apply to the use of\\nexisting contract bus service provided for children in elementary grades\\nby pupils in grades seven and eight, but only where such use is a\\nreinstatement of a service provided in the school year beginning in\\nSeptember, two thousand nine and ending in June two thousand ten.\\n 5. For the purpose of affording the greatest possible protection to\\nschool children, drive-off places on public highways may be designated\\nby the appropriate board of education or district superintendent to\\npermit school busses to be driven off the highway to receive or\\ndischarge school children, and the state or municipality having\\njurisdiction of such highway, is authorized to provide construction and\\nmaintenance of such designated drive-offs.\\n 6. In the event that the expenses entailed by the phase-out of\\nomnibuses required by paragraph (k) of subdivision twenty of section\\nthree hundred seventy-five of the vehicle and traffic law are not\\notherwise provided for, such expenses shall be an ordinary contingent\\nexpense of a school district.\\n 7. Notwithstanding any other provision of law, rule or regulation,\\nwhere a child is permitted by a school district or board of education to\\nattend a public school other than the school to which they would\\nnormally be assigned, a parent of such child may agree to waive\\nprovision of transportation which would otherwise be required under this\\nsection and no such transportation shall be required. Any agreement to\\nwaive transportation must be renewed annually in writing.\\n * 8. a. The trustees or board of education of a school district may,\\nat its discretion, provide student transportation based upon patterns of\\nactual ridership. The actual ridership shall be determined by a school\\ndistrict based upon documented history and experience that yields a\\nconsistent pattern of eligible pupils not using district transportation;\\nor modeling of future ridership; or the sharing of transportation\\nregionally; or other criteria approved by the commissioner; provided\\nhowever that any methodology shall require an additional ten percent in\\nseating capacity above the number of seats derived using such\\nmethodology which shall be available in case of unanticipated riders.\\n Nothing in this subdivision shall be construed to reduce or relieve\\nschool districts from the responsibility of providing transportation to\\nstudents otherwise eligible for such transportation. Nothing in this\\nsubdivision shall be construed to authorize a school district to have\\nstanding passengers in violation of section thirty-six hundred\\nthirty-five-c of this article, and unanticipated ridership shall not be\\ndeemed an unforeseen occurrence for purposes of subdivision two of such\\nsection after the first day in which such unanticipated ridership\\noccurs.\\n Any school district that, at its discretion, has elected to provide\\nstudent transportation based upon patterns of actual ridership shall\\nplace such plans on the school district's website, if one exists, on or\\nbefore August fifteenth of the school year in which the transportation\\nplan will be implemented and shall be required to have a back up plan as\\npart of their emergency management practices for pupil transportation in\\nthe event that a bus is filled beyond capacity.\\n b. The commissioner shall evaluate the effectiveness of this\\nsubdivision including the methodologies used by school districts to\\ndetermine the patterns of actual ridership and whether such\\nmethodologies ensure that all students otherwise eligible receive\\ntransportation and that student safety is assured.\\n * NB Repealed June 30, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3635-A", "title" : "Safety belt usage", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3635-A", "activeDate" : "2014-09-22", "sequenceNo" : 1198, "repealedDate" : null, "fromSection" : "3635-A", "toSection" : "3635-A", "text" : " § 3635-a. Safety belt usage. 1. A board of education or board of\\ntrustees may, in its discretion, following a public hearing for the\\npurpose of determining whether a resolution shall be adopted, provide\\nfor the use of seat safety belts on such school buses, in accordance\\nwith regulations and standards established by the commissioner under\\nsubdivision one of section thirty-six hundred thirty-eight of this\\nchapter.\\n 2. Such public hearing, conducted upon reasonable notice, shall be\\nheld to consider: (a) whether the district shall install seat safety\\nbelts on buses purchased and/or contracted for prior to the effective\\ndate of this section and require their use; (b) when such installation\\nshall be provided, and (c) whether use of seat safety belts shall be\\nrequired on all school buses within the district so equipped after a\\ndate to be determined by the board of education or board of trustees.\\n 3. Such hearings shall consider the effect of seat safety belts\\ninstallation on the total number of students that can be transported on\\nsuch buses.\\n 4. Within twenty days after the public hearing, the board of education\\nor board of trustees shall, by resolution, determine whether to require\\ninstallation and use of seat safety belts on some or all school buses.\\n 5. This section shall apply only to vehicles owned or leased by school\\ndistricts and nonpublic schools, and to vehicles used to perform\\ncontracts with such school districts and nonpublic schools for the\\npurpose of transporting school children for hire.\\n 6. Nothing in this section shall be construed to impose a duty upon\\nboards of education or boards of trustees to provide seat safety belts\\non school buses purchased or contracted for prior to the effective date\\nof this section, nor shall any board of education or board of trustees\\nbe held liable for failure to provide seat safety belts pursuant to this\\nsection. A school board member or trustee shall have immunity from any\\ncivil or criminal liability that might otherwise be incurred or imposed\\nas a result of the provisions of this section provided that such person\\nshall have acted in good faith. For the purpose of any proceeding, civil\\nor criminal, the good faith of any such person shall be presumed.\\n 7. The provisions of this section shall not apply to school districts\\nwhich are using safety belts on school buses or have installed or have\\ncontracted for the installation of seat safety belts prior to the\\neffective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3635-B", "title" : "Authorization to provide pupil transportation in child safety zones", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-19" ], "docLevelId" : "3635-B", "activeDate" : "2014-09-22", "sequenceNo" : 1199, "repealedDate" : null, "fromSection" : "3635-B", "toSection" : "3635-B", "text" : " § 3635-b. Authorization to provide pupil transportation in child\\nsafety zones. 1. This section shall apply where the board of education\\nor trustees of a common, central, central high school, union free school\\ndistrict, or city school district of a city with less than one hundred\\ntwenty-five thousand inhabitants adopts a resolution to make\\ntransportation in child safety zones available to resident pupils for a\\nparticular school year. Such resolution shall continue in effect for\\nsubsequent school years until the board adopts a resolution providing\\notherwise.\\n 2. A board of education or board of trustees is authorized to adopt a\\nresolution providing for pupil transportation in child safety zones,\\nwhere applicable, of a proposition to expend money for such\\ntransportation presented pursuant to the provisions of subdivision\\nnineteen of section two thousand twenty-one and section two thousand\\ntwenty-two of this chapter. Such transportation may be provided without\\nregard to like circumstances based solely upon the fact that the pupil\\nresides within two miles, in the case of a pupil in grade kindergarten\\nthrough eight, and within three miles, in the case of a pupil in grade\\nnine through twelve, from the school such pupil legally attends,\\nnotwithstanding the provisions of section thirty-six hundred thirty-five\\nof this article. Such transportation may be provided upon the\\ndetermination by the board that a hazardous zone exists which in the\\nopinion of the board would be reasonably alleviated by the establishment\\nof a child safety zone. For purposes of this section, child safety zone\\nmeans a designated area of a school district, including at least one\\npersonal residence, within which children who reside at a lesser\\ndistance from the school they legally attend than the minimum\\ntransportation limit of the district will be provided transportation on\\nthe basis that their most direct walking route to school will traverse a\\nhazardous zone.\\n 3. The commissioner of transportation shall establish regulations for\\ndetermination of a hazardous zone including, but not limited to, such\\nfactors as the existence or nonexistence of sidewalks or walkways, the\\ntype of road surface, width of road, footpath or sidewalk, the volume\\nand average speed of traffic, density of population, the commercial,\\nindustrial or residential character of the area and the existence or\\nnonexistence of traffic safety features such as traffic lights, street\\nlights and traffic patrols. In preparing such regulations, the\\ncommissioner of transportation shall consult with the commissioners of\\neducation and motor vehicles and representatives from the state police\\nwho have traffic safety responsibilities. Such regulations shall be used\\nby boards of education in determining whether a hazardous zone exists.\\n 4. The board of education of any school district shall, upon written\\npetition of a parent or other person in parental relation of a child\\nresiding within such district or of any representative authorized by\\nsuch parent or other person in parental relation, signed by twenty-five\\nqualified voters of the district or five percent of the number of voters\\nwho voted in the previous annual election of the members of the board of\\neducation, whichever is greater, make an investigation to determine\\nwhether a hazardous zone exists requiring the establishment of a child\\nsafety zone. Petitions shall specify the geographic boundaries\\ncomprising the proposed hazardous zone and any child safety zone\\nrequested. Petitions and/or additional written requests from individual\\nparents or persons in parental relation requesting designation of an\\narea as a child safety zone in conjunction with any proposed or existing\\nhazardous zone may be submitted provided that such petitions and/or\\nrequests shall not be submitted later than the first day of March\\npreceding the school year for which transportation is requested. The\\nschool board shall make its determination before the board presents the\\nbudget for the school year for which transportation is requested. The\\nparent or other person in parental relation of a child not residing in\\nthe district on the first day of March may submit a request within\\nthirty days after establishing residence in the district, but in no\\nevent later than the first day of July of the school year for which\\ntransportation is requested and the board shall make its determination\\nwithin thirty days of receipt of such request.\\n 5. The board of education or board of trustees of any school district\\nmay directly, or by appointment of an advisory committee, make an\\ninvestigation to determine if a hazardous zone exists within such\\ndistrict. Such investigation shall be made pursuant to the regulations\\nof the commissioner of transportation and shall include consultation\\nwith state or local transportation authorities and the investigation of\\nother, less costly, reasonable alternatives to the creation of a child\\nsafety zone. If, after such investigation, the board shall determine\\nthat a hazardous zone exists which can be reasonably alleviated, in the\\nopinion of the board, only by establishing a child safety zone and\\nproviding transportation in and through such child safety zone, and that\\nno reasonable, less costly alternatives to such transportation exist to\\nalleviate the situation, the board may adopt a separate resolution to\\nexpend money for transportation in child safety zones at the annual\\ndistrict meeting.\\n 6. Where the trustees or board of education determines after the\\nannual district meeting is held that the designation of a new hazardous\\nsafety zone is needed as a result of a change in circumstances that was\\nunknown to the board and not reasonably foreseeable at the time of the\\nannual meeting, the trustees or board of education may call a special\\ndistrict meeting to vote on a proposition to expend money for\\ntransportation in child safety zones. The trustees or board of education\\nshall establish procedures for submission of petitions and requests by\\nindividual parents or persons in parental relation for the designation\\nof child safety zones in conjunction with the proposed hazardous zone.\\n 7. Whenever a school board determines that a hazardous safety zone\\nexists or that a child safety zone should be established, it shall\\nnotify the petitioner, each requestor of a child safety zone and any\\nstate or local entity with jurisdiction over roadways or property within\\nsuch zone.\\n 8. The board of education or board of trustees shall conduct a public\\nhearing with appropriate public notice, upon the board's determination\\nthat a hazardous zone no longer exists or that the need for continuation\\nof a child safety zone has been alleviated and that such designation is\\nto be rescinded. Within twenty days after the public hearing, the board\\nshall, by resolution, determine that a hazardous zone continues to exist\\nor no longer exists and that the need for continuation of a child safety\\nzone has or has not been alleviated and that the designation is or is\\nnot rescinded.\\n 9. In the event that the school board determines that a hazardous zone\\ndoes not exist, or that other, less costly, reasonable alternatives to\\nthe establishment of a child safety zone exist and may be used to\\nalleviate the situation, it shall fully state the reasons for such\\ndetermination in writing to the petitioner.\\n 10. The cost of providing transportation, pursuant to the provisions\\nof this section, shall be an ordinary contingent expense and shall be\\nincluded as an item of expense for purposes of determining the\\ntransportation quota of such district.\\n 12. Nothing in this section shall be construed to impose a duty upon\\nschool boards to provide transportation services pursuant to this\\nsection nor shall any board of education or board of trustees be held\\nliable for failure to provide transportation pursuant to this section.\\nThe determination that a hazardous zone exists or that a child safety\\nzone has been established, and the petitions, investigatory materials\\nand decision making documents created or reviewed in making such\\ndetermination, shall not be admissible as evidence or used in civil\\nlitigation or any suit or action for damages, nor shall any school board\\nmembers, school board trustee, school employee, governmental official or\\nany other individual be compelled or permitted, whether by subpoena or\\nother process, to testify in any such civil litigation regarding such\\ndetermination. A school board member, trustee, school officer or\\nemployee shall have immunity from any civil or criminal liability that\\nmight otherwise be incurred or imposed as a result of the provisions of\\nthis section provided that such person shall have acted in good faith.\\nFor the purpose of any proceeding, civil or criminal, the good faith of\\nany such person shall be presumed.\\n 13. The commissioner shall submit a report on the status of pupil\\ntransportation in child safety zones to the governor, the speaker of the\\nassembly, the temporary president of the senate, and the chairs of the\\nassembly and senate standing education committees, prior to January\\nfirst, two thousand one. The report shall, at a minimum, include the\\nnumber of child safety zones established across the state and the total\\nnumber of pupils transported per zone. The report shall also include the\\ncommissioner's recommendations for modification of the child safety zone\\nprovisions, including, but not limited to, the granting of state\\ntransportation aid for pupil transportation within such zones and the\\nprocess by which child safety zones are established.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3635-C", "title" : "Standing passengers prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3635-C", "activeDate" : "2014-09-22", "sequenceNo" : 1200, "repealedDate" : null, "fromSection" : "3635-C", "toSection" : "3635-C", "text" : " § 3635-c. Standing passengers prohibited. Standing passengers shall\\nnot be carried on school buses owned by or contracted to a school\\ndistrict while such vehicles are employed exclusively for the\\ntransportation of pupils under the age of twenty-one and teachers and\\nother persons acting in a supervisory capacity to or from school or\\nschool activities, except as provided in subdivision one or two of this\\nsection:\\n 1. Standing passengers may be permitted on such a school bus provided\\nthat the number of standing passengers does not exceed the limit\\nestablished in the following schedule for the applicable time period:\\n Period: Not more than:\\nThrough June 30, 2001 20% of approved seating capacity\\nBetween July 1, 2001 and 15% of approved seating capacity\\n June 30, 2002\\nBetween July 1, 2002 and 10% of approved seating capacity\\n June 30, 2003\\nBetween July 1, 2003 and 5% of approved seating capacity\\n June 30, 2004\\n 2. Notwithstanding any other provision of this section to the\\ncontrary, standing passengers may be permitted without limitation as to\\nnumber during the first ten days of session in each school year, and in\\ncircumstances where a breakdown, accident, or other unforeseen\\noccurrence necessitates the transportation of standing passengers.\\n 3. Nothing contained in this section shall be construed to restrict\\nthe power of a city with a population of one million or more to adopt\\nand enforce local laws that comply with at least the minimum applicable\\nstandards set forth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3636", "title" : "Passage of school buses across railroad crossings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3636", "activeDate" : "2014-09-22", "sequenceNo" : 1201, "repealedDate" : null, "fromSection" : "3636", "toSection" : "3636", "text" : " § 3636. Passage of school buses across railroad crossings. 1. No\\nschool bus transporting pupils between home and school or between\\nschools which such pupils regularly attend either within or outside the\\ndistrict which operates or contracts for the operation of such bus, or\\ntransporting pupils for any purpose within such district, shall cross\\nrailroad tracks at grade except at a guarded railroad crossing, unless\\nthe governing body of the school district which operates the bus or\\ncontracts for the operation of the bus shall have adopted, at a regular\\nmeeting after a public hearing thereon, a resolution by which it shall\\nhave determined that the use of a route which would avoid an unguarded\\nrailroad crossing by the school bus would be impracticable.\\n A copy of any resolution adopted pursuant to the provisions of this\\nsection shall be filed with the department of education and the\\ndepartment of transportation at their respective offices in the city of\\nAlbany.\\n 2. For the purpose of this section, a guarded railroad crossing shall\\nbe defined as follows:\\n a. Any railroad crossing having automatic electrically operated gates\\nthat meet the specifications for such gates in the rules and regulations\\npromulgated by the department of transporation.\\n b. Any railroad crossing where a member of the approaching train's\\ncrew disembarks from the train which has stopped before the crossing and\\npositions himself at the crossing to halt traffic while the train\\npasses. Such procedure must be in accordance with the rules and\\nregulations promulgated by the department of transportation.\\n c. Any railroad crossing protected by an automatic warning signal\\nwhich meets the specifications in the rules and regulations as\\npromulgated by the department of transportation.\\n d. Any railroad crossing protected by one or more persons serving as a\\nrailroad crossing guard.\\n 3. Each school district shall prepare and maintain a map indicating\\nthe intersection with any unguarded railroad crossing of each route used\\nby a school bus transporting students to and from school either within\\nor outside the district, or for any purpose within the district, and\\nshall make such map available for inspection by any resident of the\\ndistrict at a place designated by the governing body of the district.\\n 4. The commissioner of education shall have the authority to\\npromulgate such regulations as he shall deem appropriate to implement\\nthe provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3637", "title" : "Idling school buses on school grounds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-12", "2024-07-05" ], "docLevelId" : "3637", "activeDate" : "2014-09-22", "sequenceNo" : 1202, "repealedDate" : null, "fromSection" : "3637", "toSection" : "3637", "text" : " * § 3637. Idling school buses on school grounds. 1. On or before July\\nfirst, two thousand eight, the commissioner shall promulgate regulations\\nrequiring school districts to minimize, to the extent practicable, the\\nidling of the engine of any school bus, as defined in section one\\nhundred forty-two of the vehicle and traffic law, and other vehicles\\nowned or leased by the school district while such bus or vehicle is\\nparked or standing on school grounds, or in front of any school. Such\\nregulations shall apply to school districts identified by the\\ncommissioner, in consultation with the department of health, with a\\nsignificant number of children with asthma and those other school\\ndistricts deemed by the commissioner as appropriate.\\n 2. Such regulations shall include, but not be limited to, a\\nrequirement that the engines of all school buses and vehicles owned or\\nleased by the school district be turned off while waiting for passengers\\nto load or off load on school grounds. When necessary for heating,\\nmechanical or emergency circumstances, the regulations may allow idling\\nto the extent necessary to achieve such purpose. Provided, however, that\\nsuch regulations shall not conflict with applicable state regulations\\nand local laws.\\n 3. School districts shall be required to annually provide their school\\npersonnel with notice of the provisions of this section, and the\\nregulations promulgated pursuant to this section by the commissioner.\\nThe commissioner shall provide such notice for school districts to\\ndisseminate.\\n * NB Repealed June 30, 2019\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A73P4", "title" : "Special Apportionments and Grants-in-aid", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1203, "repealedDate" : null, "fromSection" : "3640", "toSection" : "3642", "text" : " PART IV--SPECIAL APPORTIONMENTS AND GRANTS-IN-AID\\nSection 3640. Application.\\n 3641. Special apportionments and grants-in-aid to school\\n districts.\\n 3641-a. Excelsior scholars program for grade seven mathematics\\n and science students.\\n 3641-b. Grants for summer institutes for mathematics and science\\n teachers.\\n 3642. Severability.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3640", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3640", "activeDate" : "2014-09-22", "sequenceNo" : 1204, "repealedDate" : null, "fromSection" : "3640", "toSection" : "3640", "text" : " § 3640. Application. Part IV of this article shall apply to the\\napportionment of public moneys for certain special apportionments and\\ngrants-in-aid to school districts that are payable to the special aid\\nfund of the school district, and for certain grants-in-aid to other\\nentities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3641", "title" : "Special apportionments and grants-in-aid to school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-12", "2016-04-08", "2017-04-21", "2017-08-18", "2019-04-19", "2021-04-23", "2024-04-26", "2024-05-31", "2026-06-05" ], "docLevelId" : "3641", "activeDate" : "2014-09-22", "sequenceNo" : 1205, "repealedDate" : null, "fromSection" : "3641", "toSection" : "3641", "text" : " § 3641. Special apportionments and grants-in-aid to school districts.\\n1. General provisions. a. The commissioner shall be authorized to\\nprovide funds for the programs included in this section only to the\\nextent that an appropriation is available for the purpose of the\\nspecific program.\\n b. The payment schedule set forth in section thirty-six hundred nine-a\\nof this article shall not apply to special apportionments or\\ngrants-in-aid included in this section. Except where a specific payment\\nschedule is set forth in this section, the commissioner is authorized to\\npay up to seventy percent of the sum appropriated for any program\\nincluded in this section prior to April first of the school year for\\nwhich such moneys are available, with the remainder payable on or after\\nsuch date.\\n 2. Full-day kindergarten transition and pre-kindergarten planning\\ngrants. Within the amount appropriated for such purpose, the\\ncommissioner is hereby authorized to award grants to: (i) school\\ndistricts that operated half-day kindergarten programs in the two\\nthousand six--two thousand seven school year and will continue to\\noperate such half-day programs in the two thousand seven--two thousand\\neight school year to plan for conversion to full-day kindergartens only\\nin the school year next following the school year in which the planning\\ngrant is received, but no later than the two thousand ten--two thousand\\neleven school year, and (ii) school districts for planning grants for\\nthe implementation or expansion of universal prekindergarten programs.\\nThe commissioner shall prescribe the procedures and criteria for the\\naward of such grants, which shall be available to school districts to\\ndefray their additional costs for planning time, the cost of classroom\\nmaterials, equipment, furniture and supplies not eligible for aid\\npursuant to subdivisions six, six-a, six-b, six-c or six-f of section\\nthirty-six hundred two of this article, where such additional costs are\\nincurred in planning for the facilities and staffing that will be needed\\nfor such conversion, implementation or expansion. No school district may\\nreceive more than one planning grant pursuant to this subdivision for\\nconversion to full-day kindergarten. The commissioner shall be\\nauthorized to adopt regulations to implement the provisions of this\\nsubdivision.\\n 3. Supplemental valuation impact grants. a. In addition to\\napportionments otherwise provided by section thirty-six hundred two of\\nthis article, for aid payable in the two thousand eight--two thousand\\nnine and two thousand nine--two thousand ten school years, the amounts\\nspecified in paragraphs c and d of this subdivision shall be paid for\\nthe purpose of providing additional funding for school districts which\\nhave experienced a significant financial hardship caused by an\\nextraordinary change in the taxable property valuation or extraordinary\\njudgments resulting from tax certiorari proceedings.\\n b. The purpose of this subdivision is to provide financial assistance\\nto school districts which have experienced a significant reduction in\\nthe taxable full value of the school district or extraordinary tax\\ncertiorari judgments. The legislature finds that school districts for\\nwhich a judgment was made resulting from a tax certiorari proceeding\\nwhich is larger than the total budget of the school district for school\\nyear two thousand seven--two thousand eight or for school districts\\nwhich have observed a reduction of taxable real property of more than\\nseventy-five percent between school year two thousand five--two thousand\\nsix and school year two thousand eight--two thousand nine may benefit\\nfrom temporary additional assistance.\\n c. To the Barker central school district, there shall be paid one\\nmillion three hundred thousand dollars ($1,300,000). Such grant shall be\\npayable to the Barker central school district in accordance with the\\npayment schedules contained in section thirty-six hundred nine-a of this\\narticle, notwithstanding any provision of law to the contrary.\\n d. To the Haverstraw-Stony Point central school district, there shall\\nbe paid two million five hundred thousand dollars ($2,500,000). Such\\ngrant shall be payable to the Haverstraw-Stony Point central school\\ndistrict in accordance with the payment schedules contained in section\\nthirty-six hundred nine-a of this article, notwithstanding any provision\\nof law to the contrary.\\n 4. Building condition survey services. a. Purpose. The purpose of this\\nsubdivision is to assess the need of routine maintenance, repairs, minor\\nalterations, and operational improvements in order to safeguard and\\npromote the health, safety and welfare of both pupils and staff. The\\nlegislature further finds that the existing aid formula does not provide\\nfor local assistance for such building condition surveys and that,\\ntherefore, additional funding is necessary to assist local public school\\ndistricts with such necessary building condition survey activities.\\n b. Building condition surveys. To be eligible for aid pursuant to\\nsubdivision six-e of section thirty-six hundred two of this article,\\nbuilding condition surveys shall be conducted by a licensed architect or\\nlicensed professional engineer performing under a state contract entered\\ninto pursuant to paragraph c of this subdivision, shall assess the\\ncondition of all major building systems of a school building, and shall\\nbe in the form and contain the information prescribed by the\\ncommissioner. For purposes of this paragraph, \"major building systems\"\\nshall mean the electrical, plumbing, heating, ventilation and air\\nconditioning systems, and the roof and other major structural elements\\nof a school building.\\n c. Powers and duties of the commissioner. (1) The commissioner shall\\ndevelop a building condition survey matrix which would be used to assist\\npublic school districts to develop long range facilities plans in a\\nconsistent format.\\n (2) The commissioner is hereby authorized to enter into the necessary\\ncontractual agreements with architects and/or engineers to state-wide\\ncontracts to provide building construction surveys on a regional basis\\nfor a fixed fee per square foot. Such building condition surveys shall\\nbe used to assist school districts with the development of their\\nfive-year capital facilities plan.\\n 5. School district management efficiency awards program. a. Within the\\namount appropriated for such purpose, subject to a plan developed in\\nconsultation with the secretary of state and approved by the director of\\nthe budget, the commissioner shall award competitive grants pursuant to\\nthis subdivision for achieving school district management efficiencies.\\n (1) Such plan shall include but not be limited to: the process by\\nwhich a request for proposals is developed; the scoring rubric by which\\nsuch proposals will be evaluated; the form and manner by which\\napplications will be submitted; the manner by which calculation of the\\namount of the award was determined, including establishing benchmarks\\nbased on actual cost savings that must be met before any awards are\\npaid; and the timeline for the issuance and review of applications to\\nensure that grants will be first awarded within one hundred and twenty\\ndays following the end of the two thousand eleven--two thousand twelve\\nschool year.\\n (2) The commissioner shall be authorized, consistent with the plan\\nrequired by this paragraph, to promulgate rules and regulations\\nnecessary for the implementation of this subdivision.\\n b. A response to a request for proposals issued pursuant to this\\nsubdivision may be submitted by a school district or jointly by two or\\nmore school districts who have demonstrated to the satisfaction of the\\ncommissioner that:\\n (1) one or more long term efficiencies in school district management,\\noperations, procurement practices or other cost savings measures that\\nhave not and will not result in an increase in cost to the state or\\nlocality have been implemented;\\n (2) such efficiencies have been implemented within two years prior to\\na response to a request for proposals issued pursuant to this\\nsubdivision or will be implemented during the current school year;\\n (3) such efficiencies have resulted or will result in a significant\\nreduction in total operating expenses compared to the prior year, in the\\nadministrative component, or the equivalent, of the school district\\nbudget, in transportation operating expenses, in transportation capital\\nexpenses, and/or in other non-personal service costs included in the\\nprogram component of the school district budget, or the equivalent,\\ncompared to the prior year; and\\n (4) such efficiencies are expected to result in substantial and\\nsustainable cost savings in future years; and\\n (5) if two or more school districts are applying jointly, and have\\nentered a shared services agreement as authorized by law, that\\nsignificant savings would result from such shared services; provided\\nthat in no event shall districts that have entered into an aidable\\ncooperative educational services agreement for any such services with a\\nboard of cooperative educational services pursuant to section nineteen\\nhundred fifty of this chapter be eligible for an award pursuant to this\\nsubdivision for the same purpose, but may be eligible for an award\\npursuant to this subdivision for another shared long term efficiency or\\ncost saving measure. Provided however, a district which has received an\\naward pursuant to the local government efficiency grant program\\nauthorized by subdivision ten of section fifty-four of the state finance\\nlaw, shall not be eligible to receive an award pursuant to this\\nsubdivision for the same purpose, but may be eligible for an award\\npursuant to this subdivision for another long term efficiency or cost\\nsavings measure.\\n c. The commissioner shall grant priority to applications that have\\ndemonstrated that the long term efficiencies that have been implemented:\\n(1) are innovative in the manner that the management or organizational\\nstructure may be changed to generate significant savings while\\nmaintaining or improving student achievement; (2) have the participation\\nof the teachers, parents and/or other stakeholders in the school\\ndistrict; (3) are measures or strategies that other school districts can\\nreplicate; or (4) have the greatest quantifiable savings that will be\\nsustainable.\\n d. A school district that submits documentation that has been approved\\nby the commissioner by September first, two thousand twelve\\ndemonstrating that it has fully implemented new standards and procedures\\nfor conducting annual professional performance reviews of classroom\\nteachers and building principals to determine teacher and principal\\neffectiveness, shall receive bonus points in the scoring of its grant\\napplication.\\n e. A school district or school districts seeking a grant shall submit\\nan application to the commissioner in a form and manner and by a date as\\nprescribed by the commissioner. The commissioner may consult with any\\nother state agency about such grants and each such agency shall\\ncooperate in assisting in the analysis of grant applications.\\n f. The amount of the grant award, including the maximum grant amount\\navailable to any district or districts, shall be determined by the\\ncommissioner, consistent with the plan developed pursuant to paragraph a\\nof this subdivision provided that the amount of such awards shall be\\nbased upon the size of the district or school districts measured by\\npublic school enrollment of the district or districts, except that no\\nsingle district receiving a grant and no group of districts receiving a\\ngrant jointly may be awarded more than forty percent of the total amount\\nof grant awards made pursuant to this subdivision; and provided further\\nthat such amount may be adjusted based upon measures of district need.\\n g. For the two thousand thirteen--two thousand fourteen state fiscal\\nyear and thereafter, in addition to the competitive awards amount as\\ndefined in paragraph ee of subdivision one of section thirty-six hundred\\ntwo of this article, a minimum of thirty-seven million five hundred\\nthousand dollars shall be available for this purpose in each state\\nfiscal year.\\n 6. School district performance improvement awards grant. a. Within the\\namounts appropriated for such purpose, the commissioner shall award\\ncompetitive grants to eligible school districts pursuant to this\\nsubdivision that have demonstrated the most improved academic\\nachievement gains and student outcomes, as well as having implemented\\nstrategies that have the most potential for continued improvements in\\nstudent performance, narrowing student achievement gaps and increasing\\nacademic performance in traditionally underserved student groups.\\n b. The commissioner shall:\\n (1) develop a competitive request for proposals, which shall be\\napproved by the director of the budget, to be issued on or before\\nOctober first, two thousand eleven and shall ensure that grants will\\nfirst be awarded pursuant to this subdivision during the two thousand\\neleven-two thousand twelve school year.\\n (2) create a peer review panel and process and a scoring rubric to be\\nused in the evaluation of applications during such process. Such scoring\\nrubric shall give priority to those eligible school districts that have\\nthe most significant measurable improvements in academic achievement and\\nstudent outcomes; and have (A) implemented rigorous programs to improve\\nmiddle school student performance; (B) newly established or expanded\\nparticipation in college level or early college programs; (C)\\nsignificantly increased college admission rates; (D) exemplary career\\nand technical education programs with a record of successful student\\noutcomes; or (E) other innovative and replicable strategies for student\\nachievement. Provided further that such rubric shall grant priority to\\nthose eligible districts whose programs benefit students having the\\ngreatest educational needs, including but not limited to:\\n (A) students within traditionally underserved student groups;\\n (B) students with limited English proficiency and students who are\\nEnglish language learners;\\n (C) students in poverty;\\n (D) students with disabilities; and\\n (E) students with low academic achievement.\\n (3) be authorized to promulgate rules and regulations necessary for\\nthe implementation of this subdivision.\\n c. To be an eligible applicant, a school district must:\\n (1) have a race to the top final scope of work that was approved by\\nthe commissioner by February fifteenth, two thousand eleven; and/or\\n (2) have demonstrated satisfactory progress, as determined by the\\ncommissioner, towards implementation of elements such as high quality\\nstudent assessments, use of data to improve instruction and student\\nperformance, provision of professional development to improve teacher\\nperformance; and\\n (3) be among the school districts showing the greatest gains in\\nstudent performance in its category of district in the prior school year\\nas reflected by increases in student outcome, as well as other measures\\nfor closing the achievement gap, improving high school performance and\\ngraduation rates, and increasing college attendance and retention rates\\nas compared to student performance in those areas in the applicable\\nbaseline year.\\n d. For purposes of this subdivision:\\n (1) \"category of district\" means:\\n (A) a high-need large city category consisting of city school\\ndistricts having a population of one hundred twenty-five thousand\\ninhabitants or more, provided that in the case of the city school\\ndistrict of the city of New York the chancellor shall have the option of\\napplying on behalf of one or more community school districts and/or\\ndistrict seventy-five in lieu of applying on a citywide basis;\\n (B) a high-need urban-suburban category as defined by the commissioner\\nbased upon the need/resource capacity index applicable to such school\\ndistricts;\\n (C) a high-need rural category as defined by the commissioner based\\nupon the need/resource capacity index applicable to such school\\ndistricts;\\n (D) an average need category as defined by the commissioner based upon\\nthe need/resource capacity index applicable to such school districts;\\nand\\n (E) a low need category as defined by the commissioner based upon the\\nneed/resource capacity index applicable to such school districts.\\n (2) The commissioner shall establish a methodology for determining\\nwhich districts in each category of district that have applied for a\\nperformance improvement grant have shown the greatest achievement gains.\\nProvided, however, that where a school district does not have the\\nminimum number of students specified by the commissioner for\\naccountability purposes (minimum \"n\" size) in one or more of the five\\nsubgroups, such district shall not be disqualified from receiving a\\ngrant, but a preference shall be given to districts within each category\\nof district with the highest number of subgroups meeting such minimum\\n\"n\" size.\\n e. The commissioner shall grant awards to the school districts, as\\nrecommended by the peer review panel, among the various categories of\\ndistricts and determine the amount of the grant award for each eligible\\nschool district based upon the public school enrollment of the district,\\nprovided that no district receiving a grant may be awarded more than\\nforty percent of the total amount of grant awards made pursuant to this\\nsubdivision; and provided further that such amount may be adjusted based\\nupon measures of district need.\\n f. Any school district receiving an award pursuant to this subdivision\\nshall expend grant funds in accordance with a high-quality plan\\nsubmitted with its application in response to the request for proposals.\\nSuch plan must specify how such funds will be used to enhance the\\nactivities and strategies that have been or will be implemented that\\nhave been demonstrated to be effective in, or show the most promise for,\\nincreasing student performance, narrowing the student achievement gap,\\nand increasing academic performance in traditionally underserved student\\ngroups.\\n g. For the two thousand thirteen--two thousand fourteen state fiscal\\nyear and thereafter, in addition to the competitive awards amount as\\ndefined in paragraph ee of subdivision one of section thirty-six hundred\\ntwo of this article, a minimum of thirty-seven million five hundred\\nthousand dollars shall be available for this purpose in each state\\nfiscal year.\\n 6-a. Community school grants. a. Within the amount appropriated for\\nsuch purpose, subject to a plan developed by the state council on\\nchildren and families in coordination with the commissioner and approved\\nby the director of the budget, the commissioner shall award competitive\\ngrants pursuant to this subdivision to eligible school districts or in a\\ncity with a population of one million or more an eligible entity to\\nimplement, beginning in the two thousand thirteen--two thousand fourteen\\nschool year, a plan that targets school buildings as community hubs to\\ndeliver co-located or school-linked academic, health, mental health,\\nnutrition, counseling, legal and/or other services to students and their\\nfamilies in a manner that will lead to improved educational and other\\noutcomes. In a city with a population of one million or more, eligible\\nentities shall mean the city school district of the city of New York, or\\nnot-for-profit organizations, which shall include not-for-profit\\ncommunity based organizations. An eligible entity that is a\\nnot-for-profit may apply for a community school grant provided that it\\ncollaborates with the city school district of the city of New York and\\nreceives the approval of the chancellor of the city school district of\\nthe city of New York.\\n (1) Such plan shall include, but not be limited to:\\n (i) The process by which a request for proposals will be developed;\\n (ii) The scoring rubric by which such proposals will be evaluated,\\nprovided that such grants shall be awarded based on factors including,\\nbut not limited to: measures of school district need; measures of the\\nneed of students to be served by each of the school districts; the\\nschool district's proposal to target the highest need schools and\\nstudents; the sustainability of the proposed community schools program;\\nand proposal quality;\\n (iii) The form and manner by which applications will be submitted;\\n (iv) The manner by which calculation of the amount of the award will\\nbe determined;\\n (v) The timeline for the issuance and review of applications; and\\n (vi) Program implementation phases that will trigger payment of set\\npercentages of the total award.\\n (2) In assessing proposal quality, the commissioner shall take into\\naccount factors including, but not limited to:\\n (i) The extent to which the school district's proposal would provide\\nsuch community services through partnerships with local governments and\\nnon-profit organizations;\\n (ii) The extent to which the proposal would provide for delivery of\\nsuch services directly in school buildings;\\n (iii) The extent to which the proposal articulates how such services\\nwould facilitate measurable improvement in student and family outcomes;\\n (iv) The extent to which the proposal articulates and identifies how\\nexisting funding streams and programs would be used to provide such\\ncommunity services; and\\n (v) the extent to which the proposal ensures the safety of all\\nstudents, staff and community members in school buildings used as\\ncommunity hubs.\\n b. A response to a request for proposals issued pursuant to this\\nsubdivision may be submitted by a single school district or jointly by a\\nconsortium of two or more school districts, or in a city with a\\npopulation of one million or more, an eligible entity.\\n c. The amount of the grant award shall be determined by the\\ncommissioner, consistent with the plan developed pursuant to paragraph a\\nof this subdivision, except that no single district may be awarded more\\nthan forty percent of the total amount of grant awards made pursuant to\\nthis subdivision; and provided further that the maximum award to any\\nindividual community school site shall be five hundred thousand dollars;\\nand provided further that the amount awarded will be paid out in set\\npercentages over time upon successful implementation of each phase of a\\nschool district's approved proposal set forth pursuant to paragraph a of\\nthis subdivision; and provided further that none of the grants awarded\\npursuant to this subdivision may be used to supplant existing funding.\\n 6-b. Extended learning grants. a. Within the amount appropriated for\\nsuch purpose, subject to a plan that is developed by the commissioner,\\nand approved by the director of the budget, the commissioner shall award\\ncompetitive planning and implementation grants pursuant to this\\nsubdivision to eligible school districts or school districts in\\ncollaboration with not-for-profit community based organizations that put\\nforward a proposal to improve student outcomes by adding at least\\ntwenty-five percent more time to the academic calendar by extending the\\nschool day, school year, or some combination thereof, either\\ndistrict-wide or in selected school buildings.\\n (1) Such plan shall include, but not be limited to:\\n (i) The process by which a request for proposals will be developed;\\n (ii) The scoring rubric by which such proposals will be evaluated,\\nprovided that priority shall be given to applicants based upon the\\nschool district's proposal to target the schools and students with the\\ngreatest need and upon proposal quality;\\n (iii) The form and manner by which applications will be submitted;\\n (iv) The timeline for the issuance and review of applications; and\\n (v) A requirement that school districts awarded grants under this\\nsubdivision submit to an annual evaluation of performance and impact as\\nrequired by the commissioner.\\n (2) In assessing proposal quality in order to award implementation\\ngrant funding, the commissioner shall take into account factors\\nincluding, but not limited to:\\n (i) the extent to which the school district's proposal would maximize\\nthe use of the additional learning time through a comprehensive\\nrestructuring of the school day and/or year;\\n (ii) how the additional learning time would be utilized, including but\\nnot limited to additional time spent on core academics; and\\n (iii) the extent to which the proposal would provide additional\\nlearning time for students in grades six through eight.\\n b. A school district's school-wide extended learning implementation\\ngrant award shall equal its average daily attendance in the school-wide\\nextended learning program multiplied by the expected cost per pupil of\\nthe additional learning time. For purposes of this subdivision, the\\nexpected cost per pupil of the additional learning time shall equal the\\ngreater of fifteen hundred dollars or (1) the quotient of (i) the school\\ndistrict's approved operating expense pursuant to paragraph t of\\nsubdivision one of section thirty-six hundred two of this article for\\nthe year prior to the base year divided by (ii) the district's public\\nschool district enrollment pursuant to subparagraph two of paragraph n\\nof such subdivision for the year prior to the base year multiplied by\\n(2) ten percent (0.10), multiplied by (3) the quotient of (i) the\\naverage of the national consumer price indexes determined by the United\\nStates department of labor for the twelve month period preceding January\\nfirst of the base year, divided by (ii) the average of the national\\nconsumer price indexes determined by the United States department of\\nlabor for the twelve month period preceding January first of the year\\ntwo years prior to the base year.\\n c. In extraordinary cases, the commissioner may award a grant that\\nexceeds the per pupil limit calculated pursuant to paragraph b of this\\nsubdivision.\\n d. No district shall receive a grant in excess of the total actual\\ngrant expenditures incurred by the district in the current year as\\napproved by the commissioner.\\n e. No single district may be awarded more than forty percent of the\\ntotal amount of grant awards made pursuant to this subdivision.\\n 6-c. Teacher excellence fund. a. Within the amount appropriated for\\nsuch purpose, subject to a request for proposals developed by the\\ncommissioner and approved by the director of the budget, the\\ncommissioner shall award teacher excellence fund grants pursuant to this\\nsubdivision to eligible school districts, beginning in the two thousand\\nfourteen--two thousand fifteen school year, to provide teacher\\nexcellence fund performance awards to highly effective teachers.\\n (1) Teacher excellence fund performance awards shall be allocated in\\nan annual amount of up to twenty thousand dollars to eligible teachers\\nrated as \"highly effective\" based on the most recent annual professional\\nperformance review, in accordance with the requirements of section three\\nthousand twelve-c of this chapter and regulations of the commissioner.\\n (2) On an annual basis, eligible school districts may submit an\\napplication to the commissioner, in a form and manner prescribed by the\\ncommissioner, to request funding pursuant to this subdivision.\\n (3) The commissioner shall make available such application on or\\nbefore May fifteenth of the preceding school year and the commissioner\\nshall issue preliminary teacher excellence fund grant awards on or\\nbefore October fifteenth of the school year in which the eligible\\nteacher shall receive a teacher excellence fund performance award.\\n (4) Applications submitted by eligible school districts shall include\\ninformation required by the commissioner including, but not limited to,\\nthe extent to which the school district's plan is intended to recognize\\nand reward highly-effective teachers: (i) in school buildings with the\\ngreatest academic need; (ii) in difficult-to-staff subject or\\ncertification areas and/or grade levels; and (iii) at critical points in\\na teacher's career in order to encourage highly effective teachers to\\nremain in the classroom.\\n (5) The commissioner shall prioritize applications submitted by\\neligible school districts based on factors including, but not limited\\nto, the factors described in subparagraph four of this paragraph and the\\nquality of the proposal.\\n (6) Notwithstanding any other provision of law to the contrary, the\\nteacher excellence fund performance awards provided by this subdivision\\nshall be in addition to, and shall not be considered part of, a\\nteacher's basic annual salary, and shall not be included as compensation\\nfor retirement purposes. Teacher excellence fund performance awards\\nshall supplement and shall not supplant compensation from sources\\nexclusive of this subdivision agreed to as part of a collective\\nbargaining agreement.\\n b. For the purpose of this subdivision:\\n (1) The term \"eligible school district\" shall mean a common, union\\nfree, central, central high school, city, or special act school district\\nthat has entered into an agreement with the collective bargaining\\nrepresentatives of certified teachers consistent with the provisions of\\nthe application submitted by the school district pursuant to paragraph a\\nof this subdivision.\\n (2) The term \"eligible teacher\" shall mean a teacher who (i) holds an\\ninitial, provisional, transitional, permanent or professional state\\nteaching certificate appropriate to the teaching positions, including\\nthe subject area if applicable, in which he or she is employed; (ii) is\\na classroom teacher subject to the annual professional performance\\nreview requirements of section three thousand twelve-c of this chapter;\\nand (iii) is rated \"highly effective\" based on his or her most recent\\nannual professional performance review, in accordance with the\\nrequirements of section three thousand twelve-c of this chapter and\\nregulations of the commissioner.\\n 7. Small government assistance. a. In addition to apportionments\\notherwise provided by section thirty-six hundred two of this article for\\npayable in the two thousand eleven--two thousand twelve school year and\\nthereafter the amounts specified in paragraph b of this subdivision\\nshall be paid to school districts for small government assistance.\\n b. To school districts that received small government assistance in\\nthe state fiscal year two thousand ten--two thousand eleven, such\\napportionment in the same amount shall be apportioned to school\\ndistricts on or before March thirty-first of the school year upon audit\\nand warrant of the comptroller.\\n 8. Supplemental educational improvement grants. a. In addition to\\napportionments otherwise provided by section thirty-six hundred two of\\nthis article, for aid payable in the two thousand seven--two thousand\\neight school year and thereafter, the amounts specified in paragraph b\\nof this subdivision shall be paid for the purpose of providing\\nadditional funding for the costs of educational improvement plans\\nrequired as a result of a court-ordered settlement in a school\\ndesegregation case to which the state was a party. Grant funds awarded\\npursuant to this subdivision shall be used exclusively for services and\\nexpenses incurred by the school district to implement such educational\\nimprovement plans.\\n b. To the Yonkers city school district there shall be paid seventeen\\nmillion five hundred thousand dollars ($17,500,000) on an annual basis.\\nSuch grant shall be payable from funds appropriated for such purpose and\\nshall be apportioned to the Yonkers city school district in accordance\\nwith the payment schedules contained in section thirty-six hundred\\nnine-a of this article, notwithstanding any provision of law to the\\ncontrary.\\n 9. Targeted instructional staff development grants. a. In the nineteen\\nhundred ninety-eight--ninety-nine school year and thereafter, within the\\namount appropriated for such purpose, the commissioner shall provide\\ngrants pursuant to this subdivision to: (1) school districts, and (2)\\nschool districts working in collaboration with institutions of higher\\neducation and/or teacher resource and computer resource centers, and (3)\\nproviders of pre-kindergarten services which are receiving funding\\npursuant to section three thousand six hundred two-e of this article,\\nfor services and expenses related to targeted instructional staff\\ndevelopment grants.\\n b. School districts and providers of pre-kindergarten services seeking\\na grant pursuant to this subdivision shall submit a plan for approval of\\nthe commissioner that details how the school district will use the grant\\nfunds to provide effective and grade-level appropriate staff development\\nprograms that are targeted on one or more of the instructional areas\\nspecified in paragraph c of this subdivision. Such plan shall be in a\\nform prescribed by the commissioner and shall include, but not be\\nlimited to, a proposed budget, and a description of:\\n (1) the program, including, but not limited to, its purpose and target\\npopulation;\\n (2) how the new program shall be integrated with, and will supplement,\\nthe district's existing in-service staff development program;\\n (3) when the staff development program shall be offered to teachers\\nand the arrangements made by the school district to assure that teachers\\nare able to attend, including, but not limited to, arrangements for\\nsubstitute teachers;\\n (4) the local funds, if any, that will be made available to support\\nthe new staff development program; and\\n (5) a plan for evaluation of the effectiveness of the program, which\\nshall include, but need not be limited to, a survey of all participating\\nteachers.\\n c. Staff development programs funded pursuant to this subdivision\\nshall be targeted for specialized in-service training in one or more of\\nthe following areas:\\n (i) understanding and implementing the new higher standards and\\nassessments as promulgated by the board of regents and the commissioner;\\n (ii) effective use of technology in instruction;\\n (iii) instruction of children who are participating in\\npre-kindergarten programs approved pursuant to section three thousand\\nsix hundred two-e of this article;\\n (iv) instruction of children with disabilities within a regular\\neducation setting;\\n (v) instruction of nondisabled children who demonstrate the need for\\nincreased academic attention; and\\n (vi) other areas of need demonstrated by the district that relate\\ndirectly to student instruction and are approved by the commissioner.\\n d. Grants shall be awarded on a competitive basis in accordance with\\ncriteria established by the commissioner. Grant funds may be used for\\nthe approved expenses of the staff development program as defined by the\\ncommissioner, provided that such approved expenses shall include, but\\nneed not be limited to, reasonable travel costs for instructors,\\nreasonable costs for the use of technology to provide staff development\\nprograms at a distance, and the actual cost to the district of employing\\nsubstitute teachers for teachers participating in the program exclusive\\nof any state aid payable for such costs.\\n e. The commissioner shall be authorized to adopt regulations to\\nimplement the provisions of this subdivision.\\n f. In the event the appropriation for purposes of this paragraph in\\nany year is insufficient to pay all claims received pursuant to this\\nparagraph, the commissioner shall pay such claims on a prorated basis\\namong all districts filing such claims until the appropriation is\\nexhausted. For aid payable in the nineteen hundred\\nninety-eight--ninety-nine school year, the aid payable pursuant to this\\nparagraph shall not exceed one million five hundred thousand dollars\\n($1,500,000); for the nineteen hundred ninety-nine--two thousand school\\nyear the aid payable pursuant to this paragraph shall not exceed five\\nmillion dollars ($5,000,000); and for the two thousand--two thousand one\\nschool year and thereafter the aid payable pursuant to this paragraph\\nshall not exceed ten million dollars ($10,000,000).\\n 10. Aid for rebuilding schools to uphold education (RESCUE). In\\naddition to the apportionments made pursuant to subdivisions six, six-a,\\nand six-b and paragraph c of subdivision fourteen of section thirty-six\\nhundred two of this article, school districts shall be eligible for an\\napportionment or apportionments pursuant to this subdivision for\\neligible school construction projects. The payment of such apportionment\\nor apportionments shall be made in the manner provided for in paragraph\\nd of this subdivision. An apportionment for any such eligible project\\nshall initially be available in the state fiscal year commencing April\\nfirst, nineteen hundred ninety-nine, provided that applications for\\napproval of such eligible projects by the commissioner may be processed\\nhereunder prior to such date.\\n a. Definitions. For purposes of this subdivision:\\n (1) \"Eligible school construction project\", or \"eligible project,\"\\nmeans a project for the design, planning, construction, acquisition,\\nreconstruction, rehabilitation or improvement of a public school\\nbuilding used primarily for instruction that is an accessibility\\nproject, an educational technology project, a health and safety project,\\nand/or a physical capacity expansion project, that has been approved by\\nthe voters of the school district or approved by the trustees or board\\nof education for school districts where voter approval is not required\\non or after July first, nineteen hundred ninety-eight or before July\\nfirst, two thousand three; that such project is contained in the\\ndistrict's five year facilities plan; and such project is a critical and\\npriority project as identified by such district's safety rating system\\nrequired by sections four hundred nine-d and four hundred nine-e of this\\nchapter, or, a construction emergency project.\\n (2) \"Eligible minor maintenance and repair project\" means a project,\\nnot otherwise eligible for an apportionment pursuant to subdivision six\\nof section thirty-six hundred two of this article, that is related to\\nmaintaining and repairing public school buildings used primarily for\\ninstruction, including expenditures for minor repair and improvement\\nactivities performed to remedy existing minor maintenance deficiencies\\nand expenditures for periodic, scheduled maintenance activities intended\\nto mitigate the need for excessive capital renovation and rehabilitation\\nin the future as documented by a plan developed by the district and\\nsubmitted to the commissioner and which has been approved for funding on\\nor after July first, nineteen hundred ninety-eight, or before July\\nfirst, two thousand two by the commissioner.\\n (3) \"Approved project\" means an eligible school construction project\\nthat has been reviewed by the department and approved by the\\ncommissioner pursuant to this subdivision on or after July first,\\nnineteen hundred ninety-eight and before July first, two thousand three\\n(except as otherwise provided in subparagraph one of paragraph c of this\\nsubdivision) for funding disbursement by an apportionment or\\napportionments made hereunder.\\n (4) For the purposes of the expenditure of the maximum additional\\napportionment defined in subparagraph 11, \"Approved building aidable\\nproject\" means an approved project for which approved expenditures are\\neligible for an apportionment pursuant to subdivisions six, six-a, six-b\\nand/or paragraph c of subdivision fourteen of section thirty-six hundred\\ntwo of this article and one or more of the following conditions have\\nbeen met:\\n (i) Projects for which letters of intent are on file with the state\\neducation department by August 1, 1999;\\n (ii) Projects approved by the voters by January 15, 2000;\\n (iii) In the case of a school district in a city with a population of\\none million or more, projects specifically referenced in the five-year\\neducational facilities capital plan pursuant to section 2590-p of the\\neducation law on file with the commissioner as of August 1, 1999; and\\n (iv) Projects for which letters of intent are filed with the state\\neducation department by July 1, 2000 that are determined to be priority\\nprojects necessary to: address the safety or health of students and\\nstaff including, but not limited to climate control; or to assure\\naccessibility of individuals with disabilities.\\n (4-a) For the purposes of the expenditure of the maximum additional\\napportionment defined in subparagraph 11-a, \"Approved building aidable\\nproject\" means an approved eligible school construction project.\\n (5) \"Accessibility project\" means an eligible school construction\\nproject which, as a primary purpose, enhances accessibility to public\\nschool buildings used primarily for instruction for individuals with\\ndisabilities.\\n (6) \"Construction emergency project\" means an eligible school\\nconstruction project to remediate emergency situations which arise in\\npublic school buildings used primarily for instruction as a result of\\nsignificant damage caused by an unanticipated and sudden occurrence\\nwhich results in the necessity for immediate repair.\\n (7) \"Educational technology project\" means an eligible school\\nconstruction project which, as a primary purpose, enhances the use of\\ntechnology in public school buildings used primarily for instruction,\\nincluding but not limited to, electrical upgrades, wiring, cabling\\ninstallations, fiber optics, conduits, raceways, telecommunication\\nsystems and wireless options.\\n (8) \"Health and safety project\" means an eligible school construction\\nproject which, as a primary purpose, addresses the reduction or\\nelimination of the risk of personal injury or harm to occupants of\\npublic school buildings used primarily for instruction, including but\\nnot limited to environmental remediation, the eradication of fire and\\nhealth code violations, the provision of adequate ventilation, and the\\nrehabilitation and repair of existing facilities.\\n (9) \"Physical capacity expansion project\" means an eligible school\\nconstruction project which, as a primary purpose, expands the\\navailability of adequate and appropriate instructional space in a public\\nschool building used primarily for instruction, including but not\\nlimited to expansions which provide for reduced class size.\\n (10) \"District sharing ratio\" means the quotient obtained when the sum\\nof the resident public school district enrollment of a school district\\nas defined in subparagraph four of paragraph n of subdivision one of\\nsection thirty-six hundred two of this article and its resident\\nnonpublic school enrollment for such school year as defined in\\nsubparagraph five of such paragraph, is divided by the sum of such\\nenrollments for all school districts for such school year, with the\\nresult expressed as a decimal carried to the sixth place without\\nrounding. For any maximum additional apportionment calculated pursuant\\nto subparagraph eleven of this paragraph, the resident public school\\ndistrict enrollment and its resident nonpublic school enrollment for the\\nnineteen hundred ninety-eight--ninety-nine school year shall be used to\\ncalculate the district sharing ratio. For any maximum additional\\napportionment calculated pursuant to subparagraph eleven-a of this\\nparagraph, the resident public school district enrollment and its\\nresident nonpublic school enrollment for the nineteen hundred\\nninety-nine--two thousand school year shall be used to calculate the\\ndistrict sharing ratio.\\n (11) \"Maximum additional apportionment\" for any appropriation first\\nmade in support of this subdivision in the education, labor and family\\nassistance budget bill enacted for the nineteen hundred ninety-nine--two\\nthousand state fiscal year means the result calculated when one hundred\\nforty-five million dollars is multiplied by the district sharing ratio\\nfor the school district provided, however, that such maximum additional\\napportionment shall not be less than twenty thousand dollars and\\nprovided further that in the event that the sum of the apportionments\\ncalculated pursuant to this section exceeds one hundred forty-five\\nmillion dollars, all such apportionments in excess of twenty thousand\\ndollars shall be adjusted downward on a prorated basis as determined by\\nthe commissioner, provided further that such adjustment shall not reduce\\nany such apportionment below twenty thousand dollars. The commissioner\\nshall notify each school district by September fifteenth, nineteen\\nhundred ninety-nine, of the amount of the maximum additional\\napportionment available to it as calculated hereinabove. The maximum\\nadditional apportionment for a school district shall be available to\\nsuch school district for the purpose of allowing the commissioner to\\nmake an apportionment or apportionments of monies appropriated for such\\npurpose to fund expenditures and disbursements made for approved\\nprojects of such school district for school years nineteen hundred\\nninety-eight--nineteen hundred ninety-nine through and inclusive of two\\nthousand one--two thousand two, provided that an apportionment may be\\nmade by the commissioner beyond June thirtieth, two thousand two for\\ncertain approved projects as specifically authorized by subparagraph one\\nof paragraph c of this subdivision. An apportionment of monies for an\\napproved project which is an eligible school construction project\\n(including a construction emergency project) shall be subject to a\\nrepayment being made to the comptroller by the dormitory authority as\\nmore particularly provided for in paragraph d of this subdivision.\\n (11-a) \"Maximum additional apportionment\" for any appropriation first\\nmade in support of this subdivision in the education, labor and family\\nassistance budget bill enacted for the two thousand--two thousand one\\nstate fiscal year means the result calculated when fifty million dollars\\nis multiplied by the district sharing ratio for the school district,\\nprovided, however, that such maximum additional apportionment shall not\\nbe less than twenty thousand dollars and provided further that in the\\nevent that the sum of the apportionments calculated pursuant to this\\nsection exceeds fifty million dollars, all such apportionments in excess\\nof twenty thousand dollars shall be adjusted downward on a prorated\\nbasis as determined by the commissioner, provided further that such\\nadjustment shall not reduce any such apportionment below twenty thousand\\ndollars. The commissioner shall notify each school district by June\\nfifteenth, two thousand, of the amount of the maximum additional\\napportionment available to it as calculated hereinabove. The maximum\\nadditional apportionment for a school district shall be available to\\nsuch school district for the purpose of allowing the commissioner to\\nmake an apportionment or apportionments of monies appropriated for such\\npurpose to fund expenditures and disbursements made for approved\\nprojects of such school district for school years nineteen hundred\\nninety-eight--nineteen hundred ninety-nine through and inclusive of two\\nthousand two--two thousand three, provided that an apportionment may be\\nmade by the commissioner beyond June thirtieth, two thousand three for\\ncertain approved projects as specifically authorized by subparagraph one\\nof paragraph c of this subdivision. An apportionment of monies for an\\napproved project which is an eligible school construction project\\n(including a construction emergency project) shall be subject to a\\nrepayment being made to the comptroller by the dormitory authority as\\nmore particularly provided for in paragraph d of this subdivision.\\n b. Eligibility. All approved projects shall be eligible for an\\napportionment or apportionments by the commissioner pursuant to this\\nsubdivision in the nineteen hundred ninety-nine--two thousand through\\ntwo thousand two--two thousand three school years, provided however: (1)\\nnotwithstanding any other provision of this subdivision, any school\\ndistrict eligible for a maximum additional apportionment pursuant to\\nthis subdivision in excess of one hundred thousand dollars applying to\\nthe commissioner for approval of an eligible project for an\\napportionment or apportionments pursuant to this subdivision shall\\ndemonstrate: (i) that any eligible project for which such school\\ndistrict is seeking funding is contained within its five year capital\\nfacilities plan and is a critical priority project as indicated by the\\ndistrict's safety rating system as required by sections four hundred\\nnine-d and four hundred nine-e of this chapter, or (ii) that such\\nproject is considered a construction emergency as defined in\\nsubparagraph six of paragraph a of this subdivision, or (iii) that such\\nproject is an approved building aidable project; and (2) notwithstanding\\nany other provision of this subdivision, that for any school district\\neligible for a maximum additional apportionment pursuant to this\\nsubdivision, in an amount less than or equal to one hundred thousand\\ndollars, the requirements of clauses (i) - (iii) of subparagraph (1)\\nhereof shall not apply.\\n c. Maximum additional apportionment. (1) A school district which has\\nan approved project or projects shall be entitled to an apportionment or\\napportionments for such project or projects in an amount whether in the\\naggregate or otherwise, not to exceed the maximum additional\\napportionment calculated for such school district. Such maximum\\nadditional apportionment shall be available to the school district for\\nexpenditure for such approved projects in the school years nineteen\\nhundred ninety-nine--two thousand through two thousand two--two thousand\\nthree, provided that expenditures for such approved project may be made\\nfrom such maximum additional apportionment on or after July first, two\\nthousand three and prior to June thirtieth, two thousand four if: (i)\\nsuch project is approved by the voters of the school district, or is\\napproved by the trustees or board of education for such school district\\nwhere voter approval is not required, prior to July first, two thousand\\nthree; (ii) application is made to the commissioner for approval of such\\neligible project as an approved project by August first, two thousand\\nthree; and (iii) the commissioner approves such eligible project as an\\napproved project by October first, two thousand three. The maximum\\nadditional apportionment may be expended in whole or in part in any of\\nsuch school years and beyond June thirtieth, two thousand three as\\nspecifically authorized by the immediately preceding sentence. The\\namount of such maximum additional apportionment not expended, disbursed\\nor encumbered for any such year shall be carried over for expenditure\\nand disbursement to the next succeeding school year, provided that for\\nthe purposes of this subdivision a carryover shall not be authorized\\nbeyond the school year two thousand two--two thousand three except as\\notherwise authorized hereinabove in this subparagraph. Such maximum\\nadditional apportionment may be used to supplement the apportionments\\navailable pursuant to subdivisions six, six-a and six-b and paragraph c\\nof subdivision fourteen of section thirty-six hundred two and\\nsubdivision twelve of this section for expenditures or disbursements for\\napproved building aidable projects, provided that, for any school\\ndistrict with an enhanced building aid ratio computed pursuant to clause\\n(ii) of subparagraph two of paragraph b of subdivision six of section\\nthirty-six hundred two of this article that is less than nine-tenths the\\ntotal of such apportionments plus the apportionment payable pursuant to\\nthis subdivision for the approved project costs of the total\\napportionment for any approved building aidable project, as limited by\\nthe cost allowances specified in paragraph a of subdivision six of\\nsection thirty-six hundred two of this article, shall not exceed\\nninety-five percent of such approved project costs, and that, for any\\nschool district with an enhanced building aid ratio computed pursuant to\\nsuch clause (ii) that is equal to nine-tenths or more, the total of such\\napportionments plus the apportionment payable pursuant to this\\nsubdivision for such approved project costs of an approved building\\naidable project shall not exceed ninety-eight percent of such approved\\nproject costs, provided further that the apportionment provided pursuant\\nto this subdivision shall not otherwise reduce the apportionments\\npayable for approved project costs pursuant to subdivisions six, six-a\\nand six-b and paragraph c of subdivision fourteen of section thirty-six\\nhundred two and subdivision twelve of this section and may be used by an\\neligible school district to fund the principal amount of any costs that\\nare in excess of the costs approved for an apportionment pursuant to\\nsuch subdivisions six, six-a or six-b of section thirty-six hundred two\\nor subdivision twelve of this section. Except as authorized in this\\nparagraph, expenditures from the maximum additional apportionment shall\\nnot be eligible for aid under any other provision of this chapter.\\n (2) The commissioner shall report to the governor and to the\\nlegislature by February first, two thousand three concerning the amount\\nof any maximum additional apportionment available to each school\\ndistrict, whether in total or in part, that has not been applied for by\\nany such school district by January first, two thousand three. If the\\ntotal amount of such maximum additional apportionment has not been\\napplied for and approved by the commissioner by July first, two thousand\\nthree, or, at the latest, applied for by August first, two thousand\\nthree and approved by the commissioner by October first, two thousand\\nthree as expressly limited by subparagraph one of this paragraph, the\\ncommissioner shall report to the governor and to the legislature and\\nnotify all districts by November first, two thousand three the total\\nremaining aggregate amount of maximum additional apportionments for all\\nschool districts which remain uncommitted by such school districts as of\\nsuch date, which such total remaining aggregate amount shall then be\\ndistributed on a competitive basis established by the commissioner, with\\npriority given to districts with outstanding needs as defined by the\\ndistrict's five year facility plan and approved by the voters of the\\nschool district, or approved by the trustees or board of education of a\\nschool district where voter approval is not required.\\n d. It is the intent of the legislature that school districts receive\\nfunding for approved projects in a timely manner. The payment of all\\napportionments to be made for approved projects pursuant to this\\nsubdivision shall be made from funds annually appropriated by the\\nlegislature for such purpose. An apportionment so made to a school\\ndistrict from appropriated funds by the commissioner for an approved\\nproject which is an eligible school construction project shall be repaid\\nto the state comptroller by the dormitory authority from bond proceeds\\nmade available for such purpose pursuant to section sixteen hundred\\neighty-nine-a of the public authorities law.\\n e. Powers and duties of the commissioner. In administering the\\nprovisions of this subdivision, the commissioner shall:\\n (1) establish an application process for school districts which\\nrequest the approval of the commissioner for funding for an\\napportionment or apportionments for eligible projects; and\\n (2) provide that approved projects which receive an apportionment or\\napportionments pursuant to this subdivision are designed, constructed\\nand maintained in the most cost-effective manner possible, which\\nminimizes waste and maximizes efficiency. The board of regents and the\\ncommissioner shall impose a mechanism for establishing guidelines for\\nmonitoring and documenting this process. The commissioner shall take\\nappropriate action to ensure a district's compliance with this\\nsubparagraph.\\n f. Maintenance of projects. In order to assure effective discharge of\\nstate responsibility with respect to the implementation of this\\nsubdivision, the board of regents and the commissioner shall provide\\nthat no moneys shall be made available to a school district for an\\neligible school construction project, exclusive of a construction\\nemergency project unless and until such school district has complied\\nwith the requirements of sections four hundred nine-d and four hundred\\nnine-e of this chapter and has submitted to the commissioner its current\\nfive year capital facilities plan required pursuant to subdivision six\\nof this section, section twenty-five hundred-p of this chapter or any\\nother provision of this chapter, detailing the district's infrastructure\\nneeds. Notwithstanding the provisions of this paragraph any school\\ndistrict receiving funds from the maximum additional apportionment shall\\nprovide an assurance to the commissioner that all projects funded under\\nthis subdivision will be maintained in good repair.\\n g. Compliance with other laws. Funds provided pursuant to this\\nsubdivision shall be subject to the applicable provisions of the state\\nfinance law and all other applicable federal, state and local laws.\\n 11. Special academic improvement grants. a. In addition to\\napportionments otherwise provided by section thirty-six hundred two of\\nthis article, for aid payable in the school year two thousand one--two\\nthousand two and every year thereafter, the amounts specified in\\nparagraph b of this subdivision shall be paid for the sole purpose of\\nenhancement of the academic programs of school districts that have\\nbecome subject to removal of the board of education as a result of\\nfailure of one or more schools to meet state school accountability\\nstandards and serious financial problems that impact the ability of the\\nschool district to support program improvements without endangering the\\nfiscal stability of the school district's residents and businesses.\\nGrant funds awarded pursuant to this subdivision shall be used\\nexclusively for services and expenses incurred by the school district to\\nsupport and maintain the improvement of the academic performance of the\\nschools of the school district, in accordance with a plan of expenditure\\nprepared at the direction of the commissioner and approved by the\\ncommissioner.\\n b. To the Roosevelt union free school district there shall be paid\\ntwelve million dollars ($12,000,000) on an annual basis. For school\\nyears commencing on July first, two thousand seven and thereafter, such\\nspecial academic improvement grant shall be payable from funds\\nappropriated for such purpose and shall be apportioned to the Roosevelt\\nunion free school district in accordance with the payment schedules\\ncontained in section three thousand six hundred nine-a of this article,\\nnotwithstanding any provision of law to the contrary.\\n b-1. For the two thousand fourteen--two thousand fifteen school year,\\nsix million dollars shall be paid pursuant to paragraph b of this\\nsubdivision and the remaining six million dollars shall be paid after\\nthe submission of an expenditure plan by the superintendent of the\\nRoosevelt union free school district to the speaker of the assembly, the\\ntemporary president of the senate and the members of the legislature\\nrepresenting such school district. Such plan shall focus on improving\\nacademic performance.\\n c. For the purposes of ensuring improvement in academic achievement\\nconsistent with the provisions of this grant, in any year in which an\\napportionment is provided pursuant to this section, the Roosevelt union\\nfree school district shall:\\n (1) Submit to the commissioner a five-year educational plan, in a\\nmanner prescribed by the commissioner, and such plan shall include\\nspecific courses of action that will be taken and details describing how\\nadditional state and federal funds will be used to improve educational\\noutcomes for students and increase the quality of teachers and\\nprincipals. This five-year educational plan will be updated and\\nsubmitted to the commissioner by September first of each year.\\n (2) Submit a five-year fiscal stabilization plan in a manner\\nprescribed by the commissioner, and aligned with the five-year\\neducational plan for approval by the commissioner or his designee by\\nSeptember first of each year.\\n (3) Provide a proposed annual budget to the commissioner by the first\\nbusiness day of May of each year.\\n (4) Provide an annual approved budget to the commissioner by July\\nfirst of each year.\\n (5) Provide quarterly budget status reports including compliance with\\nthe annual approved budget of the district.\\n (6) Take any additional actions or submit additional documentation\\nidentified by the commissioner deemed necessary to ensure the fiscal\\nintegrity of the Roosevelt union free school district.\\n 12. Capital outlay transition grants. a. Capital outlay transition\\ngrants. (1) The commissioner shall, upon application therefor, certify\\nto the dormitory authority of the state of New York the amounts to be\\nawarded as grants to school districts in the two thousand two--two\\nthousand three state fiscal year for reimbursement of approved\\nexpenditures for capital outlays incurred in the two thousand one--two\\nthousand two school year, as calculated pursuant to subdivision six of\\nsection thirty-six hundred two of this article and this subdivision.\\n (2) School districts which would have been eligible for an\\napportionment for base year approved expenditures for capital outlays\\npursuant to subdivision six of section thirty-six hundred two of this\\narticle in the two thousand two--two thousand three school year under\\nthe provisions of such subdivision six in effect in the two thousand\\none--two thousand two school year shall be eligible to apply for a grant\\npursuant to this paragraph in lieu of an apportionment of aid for such\\napproved expenditures pursuant to subdivision six of section thirty-six\\nhundred two of this article. Application for such grant shall be made on\\nor before the first business day of September, two thousand two in such\\nform as the commissioner shall determine, and shall include\\ndocumentation of actual approved expenditures for capital outlays\\nincurred in the two thousand one--two thousand two school year.\\n (3)(i) Upon approval of such application by the commissioner, the\\ndistrict shall be eligible for a grant in an amount equal to the lesser\\nof: (1) the product of the amount of the district's base year approved\\nexpenditures for capital outlays for school building purposes determined\\npursuant to subdivision six of section thirty-six hundred two of this\\narticle from its general fund, capital fund or from a reserve fund,\\nbased on data on file with the commissioner on the first business day of\\nSeptember, two thousand two, multiplied by the sum of the aid ratio\\ncomputed for such expenditures pursuant to the provisions of paragraph c\\nof subdivision six of section thirty-six hundred two of this article,\\nplus the incentive decimal, if any, calculated pursuant to subparagraph\\ntwo of paragraph b of such subdivision six, provided that the amount of\\nreimbursement attributable to approved expenditures for capital outlays\\nfor joint facilities shall be determined pursuant to subparagraph four\\nof this paragraph, and (2) the amount set forth for such school district\\nin the school aid listing for the current year produced by the\\ncommissioner in May two thousand two and entitled \"SA0203\".\\n (ii) In the event that the sum of the grants calculated by the\\ncommissioner for school districts pursuant to clause (i) of this\\nsubparagraph is less than one hundred forty million dollars the\\ndistricts shall be eligible for an additional grant in an amount up to\\nthe difference between (1) the product of the amount of the district's\\nbase year approved expenditures for capital outlays for school building\\npurposes determined pursuant to subdivision six of section thirty-six\\nhundred two of this article from its general fund, capital fund or from\\na reserve fund that was approved by the board of education in a city\\nwith a population of more than one hundred twenty-five thousand as of\\nMay fifteenth, two thousand two or by the voters in another school\\ndistrict prior to July first, two thousand two, based on data on file\\nwith the commissioner on the first business day of September, two\\nthousand two, multiplied by the sum of the aid ratio computed for such\\nexpenditures pursuant to the provisions of paragraph c of subdivision\\nsix of section thirty-six hundred two of this article, plus the\\nincentive decimal, if any, calculated pursuant to subparagraph two of\\nparagraph b of such subdivision six, provided that the amount of\\nreimbursement attributable to approved expenditures for capital outlays\\nfor joint facilities shall be determined pursuant to subparagraph four\\nof this paragraph, minus, (2) the amount calculated pursuant to clause\\n(i) of this subparagraph. Such additional grants shall be approved in\\nthe order of the date of receipt of the district's application by the\\ncommissioner, up to the total amount of the appropriation; provided that\\nin the even that two or more school districts submit application on the\\nsame day and full payment of the amounts so requested exceed such\\nappropriation, the commissioner shall adjust the grant amounts to\\nconform to such appropriation. In no event shall any grant not be\\nawarded due to an inability of the commissioner to make a full award of\\nthe amount on the application.\\n (4) In the case of two or more school districts eligible for operating\\naid pursuant to section thirty-six hundred two of this article that have\\nentered into an agreement in accordance with section one hundred\\nnineteen-o of the general municipal law and subdivision six-b of section\\nthirty-six hundred two of this article for approved expenditures for the\\nconstruction or reconstruction of one or more single site joint\\nfacilities where the general contract for the project shall have been\\nawarded on or after July first, nineteen hundred ninety-three, and the\\nproject and joint agreement shall have been approved by the commissioner\\nand, for participating school districts in which the school budget is\\nsubject to voter approval, the joint agreement has been approved by the\\nvoters of the district, the lead district shall be eligible for the\\nproduct of such base year approved expenditures for capital outlays for\\nschool building purposes, multiplied by the sum of (i) the product for\\neach of the participating districts of the district's aid ratio computed\\nfor such expenditures pursuant to the provisions of paragraph c of\\nsubdivision six of section thirty-six hundred two of this article\\nmultiplied by the district's share of the use of the facility, plus (ii)\\nthe incentive decimal, if any, calculated pursuant to subparagraph two\\nof paragraph b of such subdivision six.\\n (5) Notwithstanding any other provisions of law to the contrary, the\\namounts payable pursuant to this paragraph shall be certified by the\\ncommissioner in accordance with section sixteen hundred eighty-nine-f of\\nthe public authorities law and shall be paid to school districts by the\\ndormitory authority of the state of New York, within the amounts\\nappropriated for such purpose, from the proceeds of bonds and notes\\nissued pursuant to such section sixteen hundred eighty-nine-f. Such\\npayment shall fulfill any obligation of the state or the commissioner to\\napportion funds pursuant to this paragraph, and whenever a school\\ndistrict has been apportioned more money pursuant to this paragraph than\\nthat to which it is entitled, the commissioner may deduct such amount\\nfrom the next apportionment to be made to such school district.\\n b. Excess capital outlay transition grants. (1) For aid payable in the\\ntwo thousand three--two thousand four school year, the commissioner\\nshall, within the amounts appropriated for such purpose, provide grants\\nto school districts in the amount of any excess of the product of the\\namount of such school district's approved expenditures incurred in the\\ntwo thousand one--two thousand two school year for capital outlays for\\nschool building purposes determined pursuant to subdivision six of\\nsection thirty-six hundred two of this article from its general fund,\\ncapital fund or from a reserve fund, multiplied by the sum of the aid\\nratio selected for use in the two thousand two--two thousand three\\nschool year for such expenditures pursuant to the provisions of\\nparagraph c of subdivision six of section thirty-six hundred two of this\\narticle, plus the incentive decimal, if any, calculated for the two\\nthousand two--two thousand three school year pursuant to subparagraph\\ntwo of paragraph b of such subdivision six, provided that the amount of\\nreimbursement attributable to approved expenditures for capital outlays\\nfor joint facilities shall be determined pursuant to subparagraph four\\nof paragraph a of this subdivision, based on data on file on the first\\nbusiness day of September, two thousand three, over the amount\\nreimbursed as capital outlay transition grants pursuant to the\\nprovisions of paragraph a of this subdivision.\\n (2) A school district which was eligible for a grant pursuant to\\nparagraph a of this subdivision and where the product of the amount of\\nsuch school district's approved expenditures incurred in the two\\nthousand one--two thousand two school year for capital outlays for\\nschool building purposes determined pursuant to subdivision six of\\nsection thirty-six hundred two of this article from its general fund,\\ncapital fund or from a reserve fund, multiplied by the sum of the aid\\nratio selected for use in the two thousand two--two thousand three\\nschool year for such expenditures pursuant to the provisions of\\nparagraph c of subdivision six of section thirty-six hundred two of this\\narticle, plus the incentive decimal, if any, calculated for the two\\nthousand two--two thousand three school year pursuant to subparagraph\\ntwo of paragraph b of such subdivision six, provided that the amount of\\nreimbursement attributable to approved expenditures for capital outlays\\nfor joint facilities shall be determined pursuant to subparagraph four\\nof paragraph a of this subdivision, is in excess of the amount it\\nreceived under paragraph a of this subdivision shall be eligible to\\napply for a grant pursuant to this subdivision in lieu of an\\napportionment of aid for such approved expenditures pursuant to\\nsubdivision six of section thirty-six hundred two of this article.\\nApplication for such grant shall be made on or before the first business\\nday of September, two thousand three in such form as the commissioner\\nshall determine, and shall include documentation of actual approved\\nexpenditures for capital outlays incurred in the two thousand one--two\\nthousand two school year.\\n (3) Notwithstanding any other provision of law to the contrary, grants\\nawarded pursuant to this paragraph shall be payable from funds\\nappropriated for such purpose and shall be apportioned in accordance\\nwith the payment schedule contained in section thirty-six hundred nine-a\\nof this article.\\n c. Notwithstanding any other provision of law to the contrary,\\napproved expenditures for capital outlays incurred in the two thousand\\none--two thousand two school year shall not be eligible for an\\napportionment pursuant to subdivision six of section thirty-six hundred\\ntwo of this article, provided that nothing in this subdivision shall be\\nconstrued to limit the eligibility of a school district for\\nreorganization incentive building aid in the two thousand two--two\\nthousand three school year based on computations pursuant to subdivision\\nsix of section thirty-six hundred two of this article. Expenditures\\nincurred for lease or other annual payments under the provisions of\\nsection four hundred three-b, subdivision eight of section twenty-five\\nhundred three or subdivision six of section twenty-five hundred\\nfifty-four of this chapter, other than payments under a lease-purchase\\nagreement or an equivalent agreement, and expenditures aidable pursuant\\nto subdivisions six-c, six-d, or six-e of section thirty-six hundred two\\nof this article, shall not be deemed capital outlay for purposes of this\\nsubdivision.\\n 13. Transportation capital expense transition grants. a. The\\ncommissioner shall, upon application therefor, certify to the authorized\\nissuer established pursuant to subdivision (b) of section sixty-one of\\nthe chapter of the laws of two thousand four which added this\\nsubdivision the amounts to be awarded as grants to school districts in\\nthe two thousand four--two thousand five state fiscal year for\\nreimbursement of approved expenses for transportation capital, debt\\nservice and leases for the two thousand three--two thousand four school\\nyear, as calculated pursuant to subdivision seven of section thirty-six\\nhundred two of this article and this subdivision.\\n b. School districts which would have been eligible for an\\napportionment for base year approved expenses for transportation\\ncapital, debt service and leases, as defined in subdivision two of\\nsection thirty-six hundred twenty-three-a of this article, pursuant to\\nsubdivision seven of section thirty-six hundred two of this article in\\nthe two thousand four--two thousand five school year under the\\nprovisions of such subdivision seven in effect in the two thousand\\nthree--two thousand four school year shall be eligible to apply for a\\ngrant pursuant to this paragraph in lieu of an apportionment of aid for\\nsuch approved expenses pursuant to subdivision seven of section\\nthirty-six hundred two of this article. Application for such grant\\nshall be made on or before the first business day of November, two\\nthousand four in such form as the commissioner shall determine, and\\nshall include documentation of actual approved transportation capital,\\ndebt service and/or lease expense incurred in the two thousand\\nthree--two thousand four school year or that would otherwise have been\\neligible for an apportionment in the two thousand four--two thousand\\nfive school year pursuant to subdivision seven of section thirty-six\\nhundred two of this article as it existed in the two thousand three--two\\nthousand four school year.\\n c. Upon approval of such application by the commissioner, the district\\nshall be eligible for a grant in an amount equal to the apportionment\\ncomputed pursuant to subdivision seven of section thirty-six hundred two\\nof this article on its approved expenses for transportation capital,\\ndebt service and leases, as if such expenses continued to be aidable\\nunder such subdivision seven, based on data on file with the\\ncommissioner as of November first, two thousand four.\\n d. Notwithstanding any other provisions of law to the contrary, the\\namounts payable pursuant to this paragraph shall be certified by the\\ncommissioner in accordance with section sixty-one of the chapter of the\\nlaws of two thousand four which added this subdivision and shall be paid\\nto school districts by the authorized issuer established pursuant to\\nsubdivision (b) of section fifty-four of the chapter of the laws of two\\nthousand four which added this subdivision from the proceeds of bonds\\nand notes issued pursuant to such section thirty-six. Such payment shall\\nfulfill any obligation of the state or the commissioner to apportion\\nfunds pursuant to this paragraph or subdivision seven of section\\nthirty-six hundred two of this article for approved expenses for\\ntransportation capital, debt service or leases, and whenever a school\\ndistrict has been apportioned more money pursuant to this paragraph than\\nthat to which it is entitled, the commissioner may deduct such amount\\nfrom the next apportionment to be made to such school district.\\n 14. Expanding our children's education and learning (EXCEL) a.\\nEstablishment of the EXCEL program. There is hereby established the\\nexpanding our children's education and learning (EXCEL) program to\\nprovide project financing or assistance in the form of grants to\\neligible school districts, in addition to, or in lieu of, the\\napportionments made pursuant to subdivisions six, six-a, six-b, six-c,\\nsix-d, six-e, six-f and paragraph c of subdivision fourteen of section\\nthirty-six hundred two of this article, and subdivisions ten and twelve\\nof this section, for the costs of EXCEL school facility projects. An\\napportionment for any such project shall initially be available in the\\nstate fiscal year commencing April first, two thousand six.\\nNotwithstanding any provision of law to the contrary, the dormitory\\nauthority of the state of New York shall be authorized to issue bonds or\\nnotes in an aggregate amount not to exceed two billion six hundred\\nmillion dollars for purposes of the EXCEL program.\\n b. Definitions. The following terms, whenever used or referred to in\\nthis subdivision, unless the context indicates otherwise, shall have the\\nfollowing meanings:\\n (1) \"EXCEL project\". An EXCEL project shall include, but not be\\nlimited to, the acquisition, design, planning, construction,\\nreconstruction, rehabilitation, preservation, development, improvement\\nor modernization of an EXCEL school facility, where such project:\\n (i) is (a) for a school district other than the city school district\\nof the city of New York, a construction project that has been reviewed\\nby the department and approved by the commissioner pursuant to this\\nsubdivision, where a certification that a general construction contract\\nhad been awarded for such project by or on behalf of the district was\\nnot on file with the commissioner as of April first, two thousand six or\\n(b) for the city school district of the city of New York, a project\\nwhich is listed and contained in the five year capital plan, which has\\nbeen approved and adopted by the city council pursuant to section\\ntwenty-five hundred ninety-p of this chapter, for the two thousand five\\nthrough two thousand nine fiscal years, and provided that such project\\nmust commence, as close as practicable, according to the schedule set\\nforth in the five year capital plan as amended and approved by the city\\ncouncil as of July, two thousand five, and\\n (ii) falls within one or more of the following categories:\\n (a) An education technology project which, as a primary purpose,\\nenhances the use of technology including but not limited to,\\ninstructional content with video streaming, electrical upgrades, wiring,\\ncabling installations, internet connections, fiber optics, conduits,\\nraceways, telecommunication systems, hardware, electronic commerce and\\nwireless options;\\n (b) A health and safety project which, as a primary purpose, addresses\\nthe reduction or elimination of the risk of personal injury or harm to\\noccupants of public school buildings used primarily for instruction,\\nincluding but not limited to environmental remediation, the eradication\\nof fire and health code violations, the provisions of adequate\\nventilation including heating, ventilation and air conditioning\\nequipment, and the rehabilitation and repair of existing facilities;\\n (c) An accessibility project which, as a primary purpose, enhances\\naccessibility to public school buildings used primarily for instruction\\nfor individuals with disabilities;\\n (d) A physical capacity expansion project or school construction\\nproject which, as a primary purpose, expands the availability of\\nadequate and appropriate instructional space in a public school building\\nused primarily for instruction, including but not limited to expansions\\nwhich provide for reduced class size and science laboratories; and\\n (e) An energy project which, as a primary purpose, reduces energy\\ncosts and/or energy consumption.\\n (2) \"EXCEL school facility\". An EXCEL school facility shall mean an\\nexisting or proposed facility or other property real and personal, and\\nother appurtenances thereto to be utilized by a school district for\\neducation purposes.\\n (3) \"Eligible project costs\". Eligible project costs, for purposes of\\nthe EXCEL program shall mean any expenditures for an EXCEL project,\\nwhere such project is eligible for an apportionment pursuant to\\nsubdivisions six, six-a, six-b, six-f and/or paragraph c of subdivision\\nfourteen of section thirty-six hundred two of this article.\\n (4) \"Eligible school district\" means a school district eligible to\\nreceive an apportionment in lieu of operating aid in the two thousand\\nsix--two thousand seven school year, apportioned pursuant to section\\nthirty-six hundred two of this article, or eligible to receive an\\napportionment of total foundation aid in the two thousand seven--two\\nthousand eight school year and thereafter, pursuant to such section\\nthirty-six hundred two of this article.\\n (5) \"Maximum additional apportionment\" means the sum of the following\\namounts:\\n (i) For an eligible school district that is eligible for the high-need\\nsupplemental building aid ratio pursuant to the provisions of clause (c)\\nof subparagraph two of paragraph c of subdivision six of section\\nthirty-six hundred two of this article, other than a city school\\ndistrict in a city having a population of one million inhabitants or\\nmore, an amount equal to the product of seven hundred seventy-eight\\ndollars and twenty-two cents ($778.22) multiplied by the public school\\ndistrict enrollment of the district in the two thousand five--two\\nthousand six school year, as computed pursuant to subparagraph two of\\nparagraph n of subdivision one of section thirty-six hundred two of this\\narticle as based on data on file for the school aid computer listing\\nproduced by the commissioner in support of the enacted budget for the\\ntwo thousand six--two thousand seven school year and entitled \"SA060-7\".\\n (ii) For any other eligible school district, other than a city school\\ndistrict in a city having a population of one million inhabitants or\\nmore, an amount equal to the product of three hundred twenty dollars and\\nforty-six cents ($320.46) multiplied by the public school district\\nenrollment of the district in the two thousand five--two thousand six\\nschool year, as computed pursuant to subparagraph two of paragraph n of\\nsubdivision one of section thirty-six hundred two of this article as\\nbased on data on file for the school aid computer listing produced by\\nthe commissioner of education in support of the enacted budget for the\\ntwo thousand six--two thousand seven school year and entitled \"SA060-7\".\\n (iii) For an eligible city school district in a city having a\\npopulation of one million inhabitants or more one billion eight hundred\\nmillion dollars.\\n c. EXCEL apportionment. (1) EXCEL apportionment for school\\nenhancement. Funds in an aggregate amount not to exceed eight hundred\\nmillion dollars shall be available for grants to eligible school\\ndistricts other than a city school district in a city having a\\npopulation of one million inhabitants or more. Each eligible school\\ndistrict which has an EXCEL project or projects shall be entitled to a\\ngrant or grants for such project or projects in an amount whether in the\\naggregate or otherwise, not to exceed the maximum additional\\napportionment calculated for such school district. The amount of such\\nmaximum additional apportionment not expended, disbursed or encumbered\\nfor any such year shall be carried over for expenditure and disbursement\\nto the next succeeding school year. Such maximum additional\\napportionment may be used, at the option of the school district, in lieu\\nof, or to supplement, the apportionments available pursuant to\\nsubdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph\\nc of subdivision fourteen of section thirty-six hundred two of this\\narticle, and subdivisions ten and twelve of this section, provided that\\nthe total of such apportionments less any semiannual payments of\\ninterest computed pursuant to subparagraph three of paragraph e of\\nsubdivision six of section thirty-six hundred two of this article plus\\nthe grant payable pursuant to this subdivision for the total project\\ncosts of any EXCEL project shall not exceed such total project costs,\\nprovided further that where the school district opts to use the EXCEL\\napportionment provided pursuant to this subdivision to supplement the\\napportionments payable for approved project costs pursuant to\\nsubdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph\\nc of subdivision fourteen of section thirty-six hundred two of this\\narticle, and subdivisions ten and twelve of this section, such EXCEL\\napportionment shall not otherwise reduce such apportionments. Except as\\nauthorized in this paragraph, expenditures from the maximum additional\\napportionment shall not be eligible for aid under any other provision of\\nthis chapter.\\n (2) EXCEL apportionment for city facilities enhancement. Funds in an\\naggregate amount not to exceed one billion eight hundred million dollars\\nshall be available for grants to a city school district in a city having\\na population of one million inhabitants or more. Such school district\\nshall be entitled to a grant or grants for each EXCEL project or\\nprojects in an amount whether in the aggregate or otherwise, not to\\nexceed the maximum additional apportionment calculated for such school\\ndistrict. The amount of such maximum additional apportionment not\\nexpended, disbursed or encumbered for any such year shall be carried\\nover for expenditure and disbursement to the next succeeding school\\nyear. Such maximum additional apportionment may be used, at the option\\nof the school district, in lieu of, or to supplement, the apportionments\\navailable pursuant to subdivisions six, six-a, six-b, six-c, six-d,\\nsix-e, six-f and paragraph c of subdivision fourteen of section\\nthirty-six hundred two of this article, and subdivisions ten and twelve\\nof this section, provided that the total of such apportionments less any\\nsemiannual payments of interest computed pursuant to subparagraph two of\\nparagraph e of subdivision six of section thirty-six hundred two of this\\narticle plus the grant payable pursuant to this subdivision for the\\ntotal project costs of any EXCEL project shall not exceed such total\\nproject costs, provided further that where the school district opts to\\nuse the EXCEL apportionment provided pursuant to this subdivision to\\nsupplement the apportionments payable for approved project costs\\npursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f\\nand paragraph c of subdivision fourteen of section thirty-six hundred\\ntwo of this article, and subdivisions ten and twelve of this section,\\nsuch EXCEL apportionment shall not otherwise reduce such apportionments.\\nExcept as authorized in this paragraph, expenditures from the maximum\\nadditional apportionment shall not be eligible for aid under any other\\nprovision of this chapter.\\n (3) The commissioner shall, upon application therefor in such form as\\nthe commissioner may require, determine the amounts to be awarded as\\ngrants to school districts as calculated pursuant to this subdivision.\\nThe amounts determined pursuant to this subdivision shall be certified\\nby the commissioner in accordance with subdivision six of section\\nsixteen hundred eighty-nine-i of the public authorities law. Upon the\\nissuance of bonds by the dormitory authority of the state of New York\\npursuant to such section sixteen hundred eighty-nine-i, the amounts of\\nmoney so certified shall be paid to school districts by the dormitory\\nauthority from the proceeds of such bonds, provided, however, that the\\npayment schedule set forth in subdivision one of this section shall not\\napply to such payments. Such payment shall fulfill any obligation of the\\nstate or the commissioner to apportion funds pursuant to this\\nsubdivision, and whenever a school district has been apportioned more\\nmoney pursuant to this subdivision than that to which it is entitled,\\nthe commissioner may deduct such amount from the next apportionment to\\nbe made to such school district.\\n 15. Annual professional performance reviews transition grants. a. For\\nthe two thousand eleven--two thousand twelve school year and/or the two\\nthousand twelve--two thousand thirteen school year provided, if a school\\ndistrict has submitted a plan pursuant to paragraph k of subdivision two\\nof section three thousand twelve-c of this chapter before June\\nthirtieth, two thousand twelve and the commissioner finds that such plan\\ndoes not meet the requirements of section three thousand twelve-c of\\nthis chapter under paragraph k of subdivision two of section three\\nthousand twelve-c of this chapter, and that the cost of implementing the\\nlocally-developed components of an approved plan pursuant to paragraph k\\nof subdivision two of section three thousand twelve-c of this chapter\\nare more costly than the plan that is originally submitted, the\\ncommissioner is authorized to award annual professional performance\\nreviews transition grants to eligible school districts pursuant to this\\nsubdivision.\\n b. Prior to the submission of the plan for approval under paragraph k\\nof subdivision two of section three thousand twelve-c of this chapter a\\nschool district may submit for review to the commissioner prior to June\\nthirtieth, two thousand twelve locally developed components to meet the\\nrequirements of section three thousand twelve-c of this chapter for the\\ntwo thousand eleven--two thousand twelve school year and/or the two\\nthousand twelve--two thousand thirteen school year. A school district\\nshall have the authority to submit locally developed components to the\\ncommissioner only if successfully determined through collective\\nbargaining. The commissioner shall have the discretion and authority to\\nreview such locally developed components and in such cases if the\\ncommissioner determines that changes to the submitted locally developed\\ncomponents are necessary to meet the requirements of section three\\nthousand twelve-c of this chapter and further the commissioner\\ndetermines such changes are more costly than the locally developed\\ncomponents originally submitted under this paragraph, the commissioner\\nis authorized to award annual professional performance reviews\\ntransition grants to eligible school districts pursuant to this\\nsubdivision upon final approval of the plan under paragraph k of\\nsubdivision two of section three thousand twelve-c of this chapter.\\n c. The school district may provide a schedule of such additional\\nexpenses, if any, on a form prescribed by the commissioner, that were\\nnecessarily incurred by the school district in order to implement the\\nspecific requirements of the commissioner contained in the approved\\nplan. The commissioner shall have the discretion and authority to\\napprove or disapprove such expenses from such schedule for grants under\\nthis subdivision. The commissioner may require supporting documentation\\nfrom the school district in order to determine whether or not such\\nadditional expenses were valid, reasonable, and essential to\\nimplementing the specific requirements of the commissioner and to\\ndetermine whether or not such claim, or any part of such claim, be\\napproved. The commissioner may also consider the manner in which the\\ncomponents of the plan were developed and if such requirements were not\\nmet as a result of a lack of good faith.\\n d. Approved additional expenses for annual professional performance\\nreviews transition grants pursuant to this subdivision for the two\\nthousand twelve--two thousand thirteen school year shall continue to be\\neligible for reimbursement. Such approved expenses shall be eligible for\\npayment on or after September first following the end of the school year\\nin which such expenses were approved. In the event the appropriation for\\npurposes of this subdivision in any year is insufficient to pay all\\napproved claims pursuant to this subdivision, the commissioner shall pay\\nsuch claims on a prorated basis among all districts filing such claims\\nuntil the appropriation is exhausted. The commissioner shall promulgate\\nrules and regulations necessary to implement the provisions of this\\nsubdivision within sixty days of the effective date of the chapter of\\nthe laws of two thousand thirteen that amended this paragraph.\\n * 16. Implementation of the smart schools bond act of 2014. a.\\nDefinitions. The following terms, whenever used or referred to in this\\nsubdivision, unless the context indicates otherwise, shall have the\\nfollowing meanings:\\n (1) \"Bonds\" shall mean general obligation bonds issued pursuant to the\\n\"smart schools bond act of 2014\" in accordance with article VII of the\\nNew York state constitution and article five of the state finance law.\\n (2) \"Smart schools review board\" shall mean a body comprised of the\\nchancellor of the state university of New York, the director of the\\nbudget, and the commissioner, or their respective designees.\\n (3) \"Smart schools investment plan\" shall mean a document prepared by\\na school district setting forth the smart schools project or projects to\\nbe undertaken with such district's smart schools allocation.\\n (4) \"Smart schools project\" shall mean a capital project as set forth\\nand defined in subparagraphs five, six, seven or eight of this\\nparagraph.\\n (5) \"Pre-kindergarten or transportable classroom unit (TCU)\\nreplacement project\" shall mean a capital project which, as a primary\\npurpose, expands the availability of adequate and appropriate\\ninstructional space for pre-kindergarten or provides for the expansion\\nor construction of adequate and appropriate instructional space to\\nreplace TCUs.\\n (6) \"Community connectivity project\" shall mean a capital project\\nwhich, as a primary purpose, expands high-speed broadband or wireless\\ninternet connectivity in the local community, including school buildings\\nand campuses, for enhanced educational opportunity in the state.\\n (7) \"Classroom technology project\" shall mean a capital project to\\nexpand high-speed broadband or wireless internet connectivity solely for\\nschool buildings and campuses, or to acquire learning technology\\nhardware for schools, classrooms, and student use, including but not\\nlimited to whiteboards, computer servers, desktop computers, laptop\\ncomputers, and tablet computers.\\n (8) \"School safety and security technology project\" shall mean a\\ncapital project to install high-tech security features in school\\nbuildings and on school campuses, including but not limited to video\\nsurveillance, emergency notification systems and physical access\\ncontrols, for enhanced educational opportunity in the state.\\n (9) \"Selected school aid\" shall mean the sum of the amounts set forth\\nas \"FOUNDATION AID\", \"FULL DAY K CONVERSION\", \"BOCES\", \"SPECIAL\\nSERVICES\", \"HIGH COST EXCESS COST\", \"PRIVATE EXCESS COST\", \"HARDWARE &\\nTECHNOLOGY\", \"SOFTWARE, LIBRARY, TEXTBOOK\", \"TRANSPORTATION INCL\\nSUMMER\", \"OPERATING REORG INCENTIVE\", \"CHARTER SCHOOL TRANSITIONAL\",\\n\"ACADEMIC ENHANCEMENT\", \"HIGH TAX AID\", and \"SUPPLEMENTAL PUB EXCESS\\nCOST\" under the heading \"2013-14 BASE YEAR AIDS\" in the school aid\\ncomputer listing produced by the commissioner in support of the\\nexecutive budget proposal for the two thousand fourteen-fifteen school\\nyear.\\n (10) \"Smart schools allocation\" shall mean, for each school district,\\nthe product of (i) two billion dollars ($2,000,000,000) multiplied by\\n(ii) the quotient of such school district's selected school aid divided\\nby the total selected school aid to all school districts.\\n b. Smart schools investment plans. (1) The smart schools review board\\nshall issue guidelines setting forth required components and eligibility\\ncriteria for smart schools investment plans to be submitted by school\\ndistricts. Such guidelines shall include but not be limited to: (i) a\\ntimeline for school district submission of smart schools investment\\nplans; (ii) any requirements for the use of available state procurement\\noptions where applicable; (iii) any limitations on the amount of a\\ndistrict's smart schools allocation that may be used for assets with a\\nshort probable life; and (iv) the loan of smart schools classroom\\ntechnology pursuant to section seven hundred fifty-five of this chapter.\\n (2) No school district shall be entitled to a smart schools grant\\nuntil such district shall have submitted a smart schools investment plan\\nto the smart schools review board and received such board's approval of\\nsuch investment plan. In developing such investment plan, school\\ndistricts shall consult with parents, teachers, students, community\\nmembers and other stakeholders.\\n (3) The smart schools review board shall review all smart schools\\ninvestment plans for compliance with all eligibility criteria and other\\nrequirements set forth in the guidelines. The smart schools review board\\nmay approve or reject such plans, or may return such plans to the school\\ndistrict for modifications. Upon approval, the smart schools project or\\nprojects described in the investment plan shall be eligible for smart\\nschools grants. A smart schools project included in a school district's\\nsmart schools investment plan shall not require separate approval of the\\ncommissioner unless it is part of a school construction project required\\nto be submitted for approval of the commissioner pursuant to section\\nfour hundred eight of this chapter and/or subdivision six of section\\nthirty-six hundred two of this article. Any department, agency or public\\nauthority shall provide the smart schools review board with any\\ninformation it requires to fulfill its duties pursuant to this\\nsubdivision.\\n (4) Any amendments or supplements to a smart schools investment plan\\nshall be submitted to the smart schools review board for approval, and\\nshall not take effect until such approval is granted.\\n c. Expenditure of money. (1) Smart schools grants. Each school\\ndistrict which has an approved smart schools investment plan including a\\nsmart schools project or projects shall be entitled to a grant or grants\\nfor the smart schools project or projects included therein in an amount,\\nwhether in the aggregate or otherwise, not to exceed the smart schools\\nallocation calculated for such school district. The amount of such\\nallocation not expended, disbursed or encumbered for any school year\\nshall be carried over for expenditure and disbursement to the next\\nsucceeding school year. Expenditures from the smart schools allocation\\nshall not be eligible for aid under any other provision of this chapter.\\n (2) The amounts determined pursuant to this subdivision to be paid to\\nschool districts shall be certified by the commissioner in accordance\\nwith this subdivision. If, upon the option of a school district, a smart\\nschools investment plan directs that an amount be transferred or\\nsuballocated to a department, agency, or public authority to be spent on\\nbehalf of the school district, such amounts shall be transferred or\\nsuballocated, consistent with such plan, upon the approval of the\\ndirector of the budget. The amounts of money so certified or made\\navailable shall be paid by the comptroller in accordance with\\nappropriations therefor, provided, however, that the payment schedule\\nset forth in subdivision one of this section shall not apply to such\\npayments. Such payment shall fulfill any obligation of the state or the\\ncommissioner to apportion funds pursuant to this subdivision, and\\nwhenever a school district has been apportioned more money pursuant to\\nthis subdivision than that to which it is entitled, the commissioner may\\ndeduct such amount from the next apportionment to be made to such school\\ndistrict.\\n d. Consistency with federal tax law. All actions taken pursuant to\\nthis subdivision shall be reviewed for consistency with provisions of\\nthe federal internal revenue code and regulations thereunder, in\\naccordance with procedures established in connection with the issuance\\nof any tax exempt bonds pursuant to this subdivision, to preserve the\\ntax exempt status of such bonds.\\n e. Compliance with other law. Every recipient of funds to be made\\navailable pursuant to this subdivision shall comply with all applicable\\nstate, federal and local laws.\\n * NB Effective upon approval by a majority of all votes cast for and\\nagainst it at the election to be held in November of 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3641-A", "title" : "Excelsior scholars program for grade seven mathematics and science students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3641-A", "activeDate" : "2014-09-22", "sequenceNo" : 1206, "repealedDate" : null, "fromSection" : "3641-A", "toSection" : "3641-A", "text" : " § 3641-a. Excelsior scholars program for grade seven mathematics and\\nscience students. The commissioner shall establish an excelsior scholars\\nprogram for grade seven mathematics and science students pursuant to\\nthis section and regulations of the commissioner adopted for such\\npurpose. Within the amounts appropriated for this purpose, the\\ncommissioner shall award grants on a competitive basis to public and\\nindependent colleges and universities to conduct summer programs that\\nshall provide advanced coursework in mathematics and science to students\\ndesignated as excelsior scholars and, as funds permit, other\\nhigh-performing students who have completed seventh grade.\\n 1. Each year, the commissioner shall identify up to three thousand\\nhigh performing seventh grade students in mathematics and science from\\nstudents nominated by each public middle school, junior high school,\\nintermediate school or junior/senior high school, or kindergarten\\nthrough secondary school. The commissioner by regulation shall prescribe\\nthe maximum number of students that may be nominated by each school,\\nwhich may vary based on the size of the school, which shall include\\nequal numbers of male and female students. After review by the\\ncommissioner, qualified students shall be certified to the governor for\\nrecognition as an excelsior scholar.\\n 2. The commissioner shall conduct a competitive process under which\\nfinancial grants are awarded to each college and university approved to\\nprovide appropriate advanced coursework to excelsior scholars in the\\nsummer months, subject to the availability of funds appropriated for\\nsuch purpose.\\n 3. The regulations of the commissioner shall provide for coordination\\nof the program with the seven centers for excellence in technology and\\nthe programs offered by such centers, to the extent practicable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3641-B", "title" : "Grants for summer institutes for mathematics and science teachers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3641-B", "activeDate" : "2014-09-22", "sequenceNo" : 1207, "repealedDate" : null, "fromSection" : "3641-B", "toSection" : "3641-B", "text" : " § 3641-b. Grants for summer institutes for mathematics and science\\nteachers. The commissioner shall establish a program of competitively\\nawarded grants within the amount appropriated for such purpose, to\\npublic and independent colleges and universities offering teacher\\neducation programs, in partnership with school districts, to conduct\\nsummer institutes for teachers of science and mathematics in grades five\\nthrough eight in middle schools, junior high schools, intermediate\\nschools or junior/senior high schools with priority given as practicable\\nto teachers in schools identified as schools in need of improvement or\\nin corrective action or restructuring status, schools under registration\\nreview or schools requiring academic progress. Such summer institutes\\nshall be designed to advance the content knowledge and pedagogy of\\nparticipating science and mathematics teachers and shall, to the extent\\npracticable, be aligned and integrated with programs offered to\\nexcelsior scholars pursuant to section thirty-six hundred forty-one-a of\\nthis article. Teachers shall be selected for participation by their\\nbuilding principal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3642", "title" : "Severability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3642", "activeDate" : "2014-09-22", "sequenceNo" : 1208, "repealedDate" : null, "fromSection" : "3642", "toSection" : "3642", "text" : " § 3642. Severability. If any clause, sentence, paragraph, or section\\nof this part shall be adjudged by any court of competent jurisdiction to\\nbe invalid and after exhaustion of all further judicial review, the\\njudgment shall not affect, impair or invalidate the remainder thereof,\\nbut shall be confined in its operation to the clause, sentence,\\nparagraph, or section of this part directly involved in the controversy\\nin which the judgment shall have been rendered. The provisions of this\\nsection shall apply to all sections of this part except those sections\\nwhich are expressly subject to separate severability provisions\\ncontained hereinbefore in this part.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A73P5", "title" : "Comprehensive School Bus Driver Safety Training Program", "docType" : "PART", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 1209, "repealedDate" : null, "fromSection" : "3650", "toSection" : "3650-C", "text" : " PART V\\n COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING PROGRAM\\nSection 3650. Comprehensive school bus driver safety training program.\\n 3650-a. State comprehensive school bus driver safety training\\n council.\\n 3650-b. Drivers and instructors; training and safety.\\n 3650-c. Accident report data base.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3650", "title" : "Comprehensive school bus driver safety training program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2021-11-05", "2022-01-07" ], "docLevelId" : "3650", "activeDate" : "2014-09-22", "sequenceNo" : 1210, "repealedDate" : null, "fromSection" : "3650", "toSection" : "3650", "text" : " § 3650. Comprehensive school bus driver safety training program. 1.\\nThe commissioner, in consultation with the state comprehensive school\\nbus driver safety training council and subject to appropriation by the\\nlegislature, shall:\\n a. Develop a uniform and comprehensive school bus driver safety\\ntraining program for school bus drivers transporting students to and\\nfrom school by school bus including instruction to such school bus\\ndrivers concerning the latest safety techniques using the latest\\ninstructional materials.\\n b. Include within the safety training program the development of\\ncurriculum and training materials including a school bus driver safety\\ntraining manual.\\n c. Develop and conduct professional development school bus driver\\nsafety training seminars statewide.\\n d. Establish and maintain a data base containing data relative to\\nschool bus accidents and fatalities reported within the state.\\n e. Engage the services of consultants on a contract basis for\\nrendering professional and tactical assistance.\\n 2. The commissioner, in consultation with the justice center for the\\nprotection of people with special needs, shall promulgate rules and\\nregulations requiring every school bus driver operating a school bus\\nwhich has or will have one or more students with a disability as\\npassengers to receive training and instruction relating to the\\nunderstanding of, and attention to, the special needs of such students.\\nSuch training and instruction may be included with the training and\\ninstruction required pursuant to paragraph a of subdivision one of this\\nsection and shall be provided at least once per year or more frequently\\nas determined by the commissioner in consultation with the state\\ncomprehensive school bus driver safety training council. For the\\npurposes of this subdivision, the term \"student with a disability\" shall\\nhave the same meaning as such term is defined in subdivision one of\\nsection forty-four hundred one of this chapter. Any person employed as a\\nschool bus driver on January first, two thousand nine who is subject to\\nthe provisions of this subdivision shall comply with the requirements of\\nthis subdivision by July first, two thousand nine. Any school bus driver\\nhired after January first, two thousand nine who is subject to the\\nrequirements of this subdivision shall complete such training and\\ninstruction prior to assuming his or her duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3650-A", "title" : "State comprehensive school bus driver safety training council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3650-A", "activeDate" : "2014-09-22", "sequenceNo" : 1211, "repealedDate" : null, "fromSection" : "3650-A", "toSection" : "3650-A", "text" : " § 3650-a. State comprehensive school bus driver safety training\\ncouncil. 1. There is hereby created and established in the department of\\neducation a council, to be known as the state comprehensive school bus\\ndriver safety training council. The council shall advise and assist the\\ncommissioner in the development and updating of the school bus driver\\nsafety training program and such other related matters as the council\\nand commissioner shall deem appropriate. Such council shall consist of\\nthe commissioner of education as chair, the superintendent of state\\npolice, the commissioner of transportation and the commissioner of motor\\nvehicles and eight other members to be appointed by the governor\\nincluding the following:\\n a. Two members to be appointed upon the recommendation of the speaker\\nof the assembly.\\n b. Two members to be appointed upon the recommendation of the\\ntemporary president of the senate.\\n c. One member to be appointed upon the recommendation of the minority\\nleader of the assembly.\\n d. One member to be appointed upon the recommendation of the minority\\nleader of the senate.\\n 2. The members of the council, other than the ex officio members,\\nshall serve for terms of two years. Such terms shall coincide with the\\nelection of the members of the state legislature and shall commence on\\nthe fifteenth day of January. Vacancies shall be filled for unexpired\\nterms in the same manner as the original appointments.\\n 3. The council shall meet at least semi-annually at the call of the\\nchair. Additional meetings may be called upon at least five days notice\\nby the chair or by petition of five members of the council.\\n 4. No member of the council shall be disqualified from holding any\\nother public office, nor shall employment be forfeited by reason of the\\nmember's appointment hereunder, notwithstanding the provisions of any\\ngeneral, special or local law, ordinance, county or city charter.\\n 5. Each member of the council shall receive reimbursement for actual\\nand necessary expenses incurred in the performance of their duties.\\n 6. The council shall, during its first year, consider and may make\\nrecommendations on the following issues:\\n a. inclement weather procedures;\\n b. emergency school bus evacuation techniques;\\n c. safety equipment training;\\n d. promotion of public safety;\\n e. unauthorized boarding of buses; and\\n f. services for students with disabilities.\\n 7. The council shall make, on or before January first of each year, an\\nannual report of its activities and such recommendations as it may deem\\nappropriate to the board of regents concerning school bus driver safety\\ntraining programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3650-B", "title" : "Drivers and instructors; training and safety", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3650-B", "activeDate" : "2014-09-22", "sequenceNo" : 1212, "repealedDate" : null, "fromSection" : "3650-B", "toSection" : "3650-B", "text" : " § 3650-b. Drivers and instructors; training and safety. 1. The\\ncommissioner shall establish training and safety technique requirements\\nfor school bus drivers and school bus safety training instructors and\\nshall make rules and regulations implementing such requirements on a\\nstatewide basis.\\n 2. The commissioner shall prepare and distribute school bus driver\\nsafety training manuals to each school district. Such manual shall be\\nperiodically updated and shall provide the framework for continuing\\nschool bus safety education programs for school districts.\\n 3. Every school district shall certify to the commissioner that its\\nschool bus drivers have successfully completed the school bus driver\\nsafety training program established pursuant to the provisions of this\\narticle and shall make an annual report to the commissioner on the\\nimplementation and effectiveness of the program. Each school district\\nshall have the option of having its employees certified as school bus\\ndriver safety training instructors or contracting with certified\\ninstructors to provide such training to the district.\\n 4. The commissioner, in consultation with the commissioner of motor\\nvehicles, shall establish a certification program for school bus driver\\nsafety training instructors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3650-C", "title" : "Accident report data base", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3650-C", "activeDate" : "2014-09-22", "sequenceNo" : 1213, "repealedDate" : null, "fromSection" : "3650-C", "toSection" : "3650-C", "text" : " § 3650-c. Accident report data base. The commissioner, in consultation\\nwith the commissioner of motor vehicles, shall establish an electronic\\ndata file containing accident reports relating to school buses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A74", "title" : "Reserve Funds", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-11-11", "2017-01-13", "2017-08-18" ], "docLevelId" : "74", "activeDate" : "2014-09-22", "sequenceNo" : 1214, "repealedDate" : null, "fromSection" : "3651", "toSection" : "3652", "text" : " ARTICLE 74\\n RESERVE FUNDS\\nSection 3651. Reserve fund.\\n 3652. Investment of moneys in reserve funds.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3651", "title" : "Reserve fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3651", "activeDate" : "2014-09-22", "sequenceNo" : 1215, "repealedDate" : null, "fromSection" : "3651", "toSection" : "3651", "text" : " § 3651. Reserve fund. 1. A reserve fund may be established by the\\nschool authorities of any school district, provided, however, that no\\nsuch fund shall be established (a) until approved by a majority vote of\\nthe qualified voters of the district voting on a proposition therefor\\nsubmitted at a regular or special school district meeting, or in school\\ndistricts which do not have such meetings, at an election called for\\nsuch purpose, and (b) unless the notice of such meeting or election\\nshall have stated that a proposition to establish a reserve fund would\\nbe so submitted, the purpose of the fund, the ultimate amount thereof,\\nits probable term and the source from which the funds would be obtained.\\nSuch reserve fund may be established for financing, in whole or in part,\\nthe cost of any object or purpose for which bonds may be issued by, or\\nfor the objects or purposes of, the school district pursuant to the\\nlocal finance law. The proposition shall specify the purpose for which\\nthe fund is established, the ultimate amount, the probable term and the\\nsource from which the funds are to be obtained. There shall be paid into\\nany such fund an annual amount sufficient to meet the requirements of\\nthe proposition. In addition, the voters may from time to time direct\\nthe school authorities to pay into such fund moneys derived from any\\nother source.\\n 1-a. Notwithstanding the provisions of subdivision one of this\\nsection, any school district may establish a reserve fund for the\\npayment of judgments and claims in tax certiorari proceedings in\\naccordance with article seven of the real property tax law, without\\napproval by the qualified voters of the district, provided, however,\\nthat the total of the monies held in such reserve fund shall not exceed\\nthat amount which might reasonably be deemed necessary to meet\\nanticipated judgments and claims arising out of such tax certiorari\\nproceedings. Any monies deposited to such reserve fund which are not\\nexpended for the payment of judgments or claims arising out of such tax\\ncertiorari proceedings for the tax roll in the year such monies are\\ndeposited to the said fund and/or which will not reasonably be required\\nto pay any such judgment or claim shall be returned to the general fund\\non or before the first day of the fourth fiscal year following the\\ndeposit of such monies to said reserve fund. For purposes of this\\nsubdivision, such monies shall be deemed reasonably required to pay any\\nsuch judgment or claim if the proceeding or claim has not been finally\\ndetermined or otherwise terminated or disposed of after the exhaustion\\nof all appeals.\\n 1-b. Notwithstanding the provisions of subdivision one of this\\nsection, where the city or county is not required to pay to the\\ntreasurer of a city school district unpaid taxes during the fiscal year\\nfor which such real property taxes are levied, the board of education of\\nsuch city school district may establish a reserve for uncollected taxes\\nwithout approval of the qualified voters of the school district,\\nprovided that the ratio of the amount of such reserve to the total\\nprincipal amount of the district's tax levy for such fiscal year shall\\nnot be less than the ratio of the principal amount of the school\\ndistrict taxes as levied by the school district for the last completed\\nfiscal year but not received by the district before the end of such\\nfiscal year to the total principal amount of the tax levy for such last\\ncompleted fiscal year. If the city or county is not required to pay to\\nthe treasurer of a city school district unpaid taxes pursuant to section\\nthirteen hundred thirty-two of the real property tax law, the board of\\neducation of the city school district shall establish a reserve pursuant\\nto this subdivision, provided that such reserve shall not be less than\\nthe amount of taxes for the fiscal year for which such budget is being\\nprepared which are estimated to be unpaid during such fiscal year under\\nthe aforesaid provisions of the real property tax law.\\n 2. The moneys in each such fund shall be deposited in one or more of\\nthe banks or trust companies designated as depositories of the funds of\\nsuch school district and shall be known as the \"________reserve fund\" of\\nsuch district. The school authorities may direct the treasurer of such\\nschool district to invest the moneys in each such fund in the manner\\nprovided in section thirty-six hundred fifty-two of this article. Any\\ninterest earned or capital gains realized on the money so deposited or\\nso invested shall accrue to and become a part of each such fund. The\\nseparate identity of each such fund shall be maintained whether its\\nassets consist of cash or investments or both.\\n 3. An expenditure shall be made from a reserve fund only by\\nauthorization of the voters and for the specific purpose specified in\\nthe proposition.\\n 3-a. Notwithstanding the provisions of subdivision three of this\\nsection, any school district which establishes a reserve fund in\\naccordance with subdivision one-a of this section may make expenditures\\nfrom such fund for the purposes specified in such subdivision without\\nauthorization of the voters.\\n 4. The voters may authorize the transfer of all or any part of any\\nreserve fund to any other reserve fund established pursuant to this\\nsection.\\n 5. Whenever the voters shall determine that the original purpose for\\nwhich a reserve fund has been established is no longer desirable, the\\nschool authorities may liquidate the fund by first applying its proceeds\\nto any outstanding bonded indebtedness and applying the balance, if any,\\nto the annual tax levy, provided, however, that the amount so applied in\\nany one year shall not be greater than the amount which will reduce the\\ntax rate for school purposes below five mills on actual valuation;\\nprovided, however, that the school authorities in any school district\\nhaving no outstanding bonded indebtedness may, in any year in which no\\nstate aid is payable thereto under the provisions of this chapter,\\nliquidate such fund by applying the balance thereof to the annual tax\\nlevy, regardless of the tax rate for school purposes, subject to the\\napproval of a majority of the qualified electors of the district voting\\non a proposition therefor submitted at a regular or special school\\ndistrict meeting, or in school districts which do not have such\\nmeetings, at an election called for such purpose.\\n 6. The school authorities shall cause a separate account to be kept of\\neach fund established. Such account shall show:\\n a. The date and amount of each sum paid into the fund.\\n b. The interest earned by such fund.\\n c. The capital gains or losses resulting from the sale of investments\\nof the fund.\\n d. The interest or capital gains which have accrued to the fund.\\n e. The amount and date of each withdrawal from the fund.\\n f. The assets of the fund indicating the cash balance therein and a\\nschedule of the amounts invested in federal or state obligations.\\n 7. The school authorities shall render annually a detailed report of\\nthe operation and conditions of each of such funds. Copy of such report\\nshall be filed with the commissioner of education.\\n 8. a. Notwithstanding the foregoing provisions of this section, if in\\nany city any taxes raised on real estate for the purposes of the school\\ndistrict must be included in computing the amount which the city may\\nraise by tax on real estate for city purposes pursuant to the provisions\\nof section ten of article eight of the constitution, the establishment\\nof a reserve fund by the school authorities of the school district shall\\nbe subject to the consent of the legislative body of the city.\\n b. Notwithstanding the foregoing provisions of this section, in any\\nschool district which is wholly or partly in the Adirondack park and has\\nwithin its boundaries state lands subject to taxation assessed at more\\nthan thirty per centum of the aggregate taxable assessed valuation of\\nthe real property within the bounds of such school district, the school\\ndistrict shall not establish a reserve fund unless, on the\\nrecommendation of the commissioner of education, the state comptroller,\\non behalf of the state, shall consent thereto. Upon the expiration of\\nfifteen days from the date of the filing in his office of the\\napplication for such consent, together with the recommendation of the\\ncommissioner of education, and upon reaching a determination, the state\\ncomptroller shall make an order, in triplicate, granting or denying such\\nconsent. One copy of such order shall be filed in the office of the\\nstate department of audit and control at Albany, New York, another in\\nthe state department of education at Albany, New York, and the third in\\nthe office of the clerk of such school district.\\n 9. Notwithstanding the foregoing provisions of this section, in a city\\nschool district in a city having a population of one hundred twenty-five\\nthousand inhabitants or more, such a reserve fund may be established,\\nexpenditures may be made therefrom, moneys may be paid into such fund,\\nall or any part of such fund may be transferred to any other reserve\\nfund established under this section, and such reserve fund may be\\nliquidated, all pursuant to the provisions of this section, except that\\nany such action may be authorized or taken by the board of education of\\nsuch city school district, without approval or authorization of the\\nqualified voters of such district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3652", "title" : "Investment of moneys in reserve funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3652", "activeDate" : "2014-09-22", "sequenceNo" : 1216, "repealedDate" : null, "fromSection" : "3652", "toSection" : "3652", "text" : " § 3652. Investment of moneys in reserve funds. The school authorities\\nof any school district or the district treasurer or other officer having\\ncustody of the moneys, if the school authorities shall delegate such\\nduty to him, may invest moneys in any fund established pursuant to this\\narticle in the manner provided by section eleven of the general\\nmunicipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A75", "title" : "Trusts For Schools; Gospel and School Lots", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "75", "activeDate" : "2014-09-22", "sequenceNo" : 1217, "repealedDate" : null, "fromSection" : "3701", "toSection" : "3713", "text" : " ARTICLE 75\\n TRUSTS FOR SCHOOLS; GOSPEL AND SCHOOL LOTS\\nSection 3701. Property to be held in trust for public schools.\\n 3702. Control and supervision of trusts for public schools.\\n 3703. Report of trusts to commissioner of education.\\n 3704. Report of supervisor regarding gospel or school lots.\\n 3705. Apportionment of gospel funds.\\n 3706. Authorization of apportionment of gospel funds.\\n 3707. Payment of apportionment of gospel funds.\\n 3708. Bond required of collector or treasurer.\\n 3709. Penalties of certain bonds.\\n 3710. Application of moneys.\\n 3711. Sale of gospel or school lots on division of town.\\n 3712. State agency for surplus property.\\n 3712-a. Transfer of gospel funds to general fund of town.\\n 3713. Acceptance of funds appropriated by federal government.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3701", "title" : "Property to be held in trust for public schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3701", "activeDate" : "2014-09-22", "sequenceNo" : 1218, "repealedDate" : null, "fromSection" : "3701", "toSection" : "3701", "text" : " § 3701. Property to be held in trust for public schools. Real and\\npersonal estate may be granted, conveyed, devised, bequeathed and given\\nin trust and in perpetuity or otherwise, to the state, or to the regents\\nor to the commissioner of education for the support or benefit of the\\npublic schools, within the state, or within any part or portion of it,\\nor of any particular public schools within it; and to any county, or the\\ndistrict superintendents of any county, or to any city or any board of\\nofficers thereof, or to any supervisory district or its superintendent,\\nor to any town, or supervisor of a town, or to any school district or\\nits trustees or board of education, for the support and benefit of\\npublic schools within such county, city, supervisory district, town or\\nschool district, or within any part or portion thereof respectively, or\\nfor the support and benefit of any particular public schools therein.\\nNo such grant, conveyance, devise or bequest shall be held void for the\\nwant of a named or competent trustee or donee, but where no trustee or\\ndonee, or an incompetent one is named, the title and trust shall vest in\\nthe people of the state, subject to its acceptance by the legislature,\\nbut such acceptance shall be presumed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3702", "title" : "Control and supervision of trusts for public schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3702", "activeDate" : "2014-09-22", "sequenceNo" : 1219, "repealedDate" : null, "fromSection" : "3702", "toSection" : "3702", "text" : " § 3702. Control and supervision of trusts for public schools. The\\nlegislature may control and regulate the execution of all such trusts;\\nand the commissioner of education shall supervise and advise the\\ntrustees, and hold them to a regular accounting for the trust property\\nand its income and interest at such times, in such forms, and with such\\nauthentications, as he shall, from time to time, prescribe.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3703", "title" : "Report of trusts to commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3703", "activeDate" : "2014-09-22", "sequenceNo" : 1220, "repealedDate" : null, "fromSection" : "3703", "toSection" : "3703", "text" : " § 3703. Report of trusts to commissioner of education. The common\\ncouncil or other legislative body of every city, the board of\\nsupervisors or other governing elective body of every county, the\\ntrustees of every village, the supervisor of every town, the trustees or\\nboard of education of every school district, and every other officer or\\nperson who shall be required to do so by the commissioner of education\\nshall report to him whether any, and if any, what trusts are held by\\nthem respectively, or by any other body, officer or person to their\\ninformation or belief, for school purposes, and shall transmit,\\ntherewith, an authenticated copy of every will, conveyance, instrument\\nor paper embodying or creating the trust; and shall, in like manner,\\nforthwith report to him the creation and terms of every such trust\\nthereafter created.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3704", "title" : "Report of supervisor regarding gospel or school lots", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3704", "activeDate" : "2014-09-22", "sequenceNo" : 1221, "repealedDate" : null, "fromSection" : "3704", "toSection" : "3704", "text" : " § 3704. Report of supervisor regarding gospel or school lots. Every\\nsupervisor of a town shall report to the commissioner of education\\nwhether there be, within the town, any gospel or school lot, and, if\\nany, shall describe the same, and state to what use, if any, it is put\\nby the town; and whether it be leased, and, if so, to whom, for what\\nterm and upon what rents; and whether the town holds or is entitled to\\nany land, moneys or securities arising from any sale of such gospel or\\nschool lot, and the investment of the proceeds thereof, or of the rents\\nand income of such lots and investments, and shall report a full\\nstatement and account of such lands, moneys and securities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3705", "title" : "Apportionment of gospel funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3705", "activeDate" : "2014-09-22", "sequenceNo" : 1222, "repealedDate" : null, "fromSection" : "3705", "toSection" : "3705", "text" : " § 3705. Apportionment of gospel funds. It shall be lawful for the\\nsupervisor of any town having money arising from the sale of gospel\\nlands, and known as gospel funds, to apportion such funds among the\\nseveral school districts of his respective town when authorized under\\nthe provisions of section thirty-seven hundred six.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3706", "title" : "Authorization of apportionment of gospel funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3706", "activeDate" : "2014-09-22", "sequenceNo" : 1223, "repealedDate" : null, "fromSection" : "3706", "toSection" : "3706", "text" : " § 3706. Authorization of apportionment of gospel funds. 1. The town\\nboard of any town having a gospel fund of five hundred dollars or less\\nmay authorize the supervisor of the town to apportion such fund among\\nthe several school districts of the town.\\n 2. The voters of any town having a gospel fund of more than five\\nhundred dollars may at any regular or special town election authorize\\nthe supervisor of the town to apportion such fund among the several\\nschool districts of the town.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3707", "title" : "Payment of apportionment of gospel funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3707", "activeDate" : "2014-09-22", "sequenceNo" : 1224, "repealedDate" : null, "fromSection" : "3707", "toSection" : "3707", "text" : " § 3707. Payment of apportionment of gospel funds. 1. When such\\napportionment is authorized the supervisor shall pay to the collector,\\nor if the district has a treasurer to the treasurer, of the several\\nschool districts of his town its pro rata share according to the\\naggregate school attendance of each school district in the preceding\\nyear.\\n 2. In the event that any of the school districts of the town shall\\nhave been included in any central school district the pro rata share\\nbelonging to such district shall be paid to the treasurer of the central\\nschool district, to be used for school purposes of such central\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3708", "title" : "Bond required of collector or treasurer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3708", "activeDate" : "2014-09-22", "sequenceNo" : 1225, "repealedDate" : null, "fromSection" : "3708", "toSection" : "3708", "text" : " § 3708. Bond required of collector or treasurer. The collector or the\\ntreasurer, if the district has a treasurer, of each of such school\\ndistricts shall execute and file with the supervisor of such town a bond\\nof twice the amount of such apportionment with sufficient sureties, to\\nbe approved by such supervisor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3709", "title" : "Penalties of certain bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3709", "activeDate" : "2014-09-22", "sequenceNo" : 1226, "repealedDate" : null, "fromSection" : "3709", "toSection" : "3709", "text" : " § 3709. Penalties of certain bonds. Whenever a school district\\nofficer is required to furnish a bond under the provisions of section\\nthirty-seven hundred eight in the penalty of double the amount of moneys\\napportioned or to be received, and such district officer furnishes the\\nbond of a surety or bonding company authorized by law to transact\\nbusiness in this state and to execute such bond, the penalty thereof may\\nbe fixed at the amount of moneys so apportioned or to be received, in\\nlieu of the double penalty prescribed in such section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3710", "title" : "Application of moneys", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3710", "activeDate" : "2014-09-22", "sequenceNo" : 1227, "repealedDate" : null, "fromSection" : "3710", "toSection" : "3710", "text" : " § 3710. Application of moneys. Such moneys shall be held by such\\ncollector or treasurer and paid upon the written order of the trustee or\\nboard of education of the district for such purposes as the annual or a\\nspecial meeting of the district shall direct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3711", "title" : "Sale of gospel or school lots on division of town", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3711", "activeDate" : "2014-09-22", "sequenceNo" : 1228, "repealedDate" : null, "fromSection" : "3711", "toSection" : "3711", "text" : " § 3711. Sale of gospel or school lots on division of town. 1.\\nWhenever a town having lands assigned to it for the support of the\\ngospel or of schools, shall be divided into two or more towns, or shall\\nbe altered in its limits by the annexing of a part of its territory to\\nother towns, such lands shall be sold by the supervisor of the town, in\\nwhich such lands were included immediately before such division or\\nalteration; and the proceeds thereof shall be apportioned between the\\ntowns interested therein, in the same manner as the other public moneys\\nof towns, so divided or altered, are apportioned.\\n 2. The shares of such moneys, to which the towns shall be respectively\\nentitled, shall be paid to the supervisors of the respective towns, and\\nshall thereafter be subject to the provisions of section twenty-one\\nhundred forty-two.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3712", "title" : "State agency for surplus property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3712", "activeDate" : "2014-09-22", "sequenceNo" : 1229, "repealedDate" : null, "fromSection" : "3712", "toSection" : "3712", "text" : " § 3712. State agency for surplus property. The commissioner of\\neducation, or such other state officer as may, from time to time, be\\ndesignated by the governor, shall be the state agency for surplus\\nproperty and is hereby authorized and empowered (1) to acquire from the\\nUnited States of America under and in conformance with the provisions of\\nsection two hundred three (j) of the federal property and administrative\\nservices act of nineteen hundred forty-nine as amended, such property\\nincluding equipment, materials, books, or other supplies under the\\ncontrol of any department or agency of the United States of America as\\nmay be usable and necessary for purposes of education, public health or\\ncivil defense, including research for any such purpose, and for such\\nother purposes as may now or hereafter be authorized by federal law; (2)\\nto warehouse such property; and (3) to distribute such property within\\nthe state to tax-supported medical institutions, hospitals, clinics,\\nhealth centers, school systems, schools, colleges, and universities\\nwithin the state, to other nonprofit medical institutions, hospitals,\\nclinics, health centers, schools, colleges and universities which are\\nexempt from taxation under section five hundred one (c) (3) of the\\nUnited States internal revenue code of nineteen hundred fifty-four, to\\ncivil defense organizations of the state, or political subdivisions and\\ninstrumentalities thereof, which are established pursuant to state law,\\nand to such other types of institutions or activities as may now be or\\nhereafter become eligible under federal law to acquire such property.\\nThe commissioner of education, or such other state officer as may be\\ndesignated by the governor, is hereby authorized to appoint advisory\\nboard or committees and to do any and all acts necessary to carry out\\nthe foregoing duties of such agency for surplus property in accordance\\nwith such federal property and administrative services act of nineteen\\nhundred forty-nine as amended and the rules and regulations of any of\\nthe departments or agencies of the United States of America duly adopted\\nin accordance therewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3712-A", "title" : "Transfer of gospel funds to general fund of town", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3712-A", "activeDate" : "2014-09-22", "sequenceNo" : 1230, "repealedDate" : null, "fromSection" : "3712-A", "toSection" : "3712-A", "text" : " § 3712-a. Transfer of gospel funds to general fund of town. In lieu\\nof the apportionment and payment of gospel funds as otherwise authorized\\nby this article, the town board of any town may, by resolution duly\\nadopted by it and approved by the voters of such town at any regular or\\nspecial town meeting, authorize the supervisor thereof to transfer such\\nfunds to the general fund of the town, to be expended for any lawful\\ntown purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3713", "title" : "Acceptance of funds appropriated by federal government", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3713", "activeDate" : "2014-09-22", "sequenceNo" : 1231, "repealedDate" : null, "fromSection" : "3713", "toSection" : "3713", "text" : " § 3713. Acceptance of funds appropriated by federal government. 1.\\nThe state, any school district or its trustees or board of education is\\nhereby authorized and empowered to accept the provisions of any law of\\nthe United States making appropriations for the purpose of defraying the\\ncost of providing the public education, the cost of planning and\\nconstructing public school facilities or any other educational purpose.\\n 2. The commissioner of education, hereby designated as the state\\neducational agency, is authorized and empowered to cooperate with such\\nagency as the federal government shall designate to carry out the\\nprovisions of such law.\\n 3. The commissioner of taxation and finance and the state comptroller\\nare appointed as joint custodians of all money given to the state by the\\nUnited States under the authority of such law, and such money shall be\\npaid out in the manner provided by such act for the purposes therein\\nspecified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A77", "title" : "Fines, Penalties, Forfeitures and Costs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "77", "activeDate" : "2014-09-22", "sequenceNo" : 1232, "repealedDate" : null, "fromSection" : "3801", "toSection" : "3816", "text" : " ARTICLE 77\\n FINES, PENALTIES, FORFEITURES AND COSTS\\nSection 3801. Disposition of fines for benefit of common schools.\\n 3802. Disposition of fines for benefit of schools of town,\\n district or city.\\n 3803. Disposition of fines in case of joint district.\\n 3804. Report and payment of fines.\\n 3805. Penalty for falsely claiming to represent commissioner of\\n education, regents or other school officer.\\n 3806. Penalty for failure to render an account or pay over any\\n balance.\\n 3807. Penalty for false reports and misapplication of public\\n funds.\\n 3808. Forfeiture of amount of penalty where suit is neglected.\\n 3809. Forfeiture of amount of moneys lost by neglect.\\n 3810. No costs to plaintiffs in certain cases.\\n 3811. Costs, expenses and damages a district charge in certain\\n cases.\\n 3812. Payment of costs, charges and expenses by vote of district\\n meeting.\\n 3813. Presentation of claims against the governing body of any\\n school district or certain state supported schools.\\n 3814. Appeal to county judge.\\n 3815. Hearing before county judge.\\n 3816. Duty of trustees or board of education to carry out order.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3801", "title" : "Disposition of fines for benefit of common schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3801", "activeDate" : "2014-09-22", "sequenceNo" : 1233, "repealedDate" : null, "fromSection" : "3801", "toSection" : "3801", "text" : " § 3801. Disposition of fines for benefit of common schools. Whenever,\\nby any statute, a penalty or fine is imposed for the benefit of common\\nschools, and not expressly of the common schools of a town or school\\ndistrict, it shall be taken to be for the benefit of the common schools\\nof the county within which the conviction is had; and the fine or\\npenalty, when paid or collected, shall be paid forthwith into the county\\ntreasury, and the treasurer shall credit the same as school moneys of\\nthe county, unless the county comprise a city, in which case he shall\\nreport it to the commissioner of education, who shall apportion it upon\\nthe basis of population by the last census, between the city and the\\nresidue of the county, and the portion belonging to the city shall be\\npaid into its treasury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3802", "title" : "Disposition of fines for benefit of schools of town, district or city", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3802", "activeDate" : "2014-09-22", "sequenceNo" : 1234, "repealedDate" : null, "fromSection" : "3802", "toSection" : "3802", "text" : " § 3802. Disposition of fines for benefit of schools of town, district\\nor city. Whenever a fine or penalty is inflicted or imposed for the\\nbenefit of the common schools of a town or school district, the\\nmagistrate, constable or other officer collecting or receiving the same\\nshall forthwith pay the same to the county treasurer of the county in\\nwhich the schoolhouse is located, who shall credit the same to the town\\nor district for whose benefit it is collected. If the fine or penalty\\nbe inflicted or imposed for the benefit of the common schools of a city,\\nor of any part or district of a city, it shall be paid into the city\\ntreasury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3803", "title" : "Disposition of fines in case of joint district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3803", "activeDate" : "2014-09-22", "sequenceNo" : 1235, "repealedDate" : null, "fromSection" : "3803", "toSection" : "3803", "text" : " § 3803. Disposition of fines in case of joint district. Whenever a\\npenalty or fine is imposed upon any school district officer for a\\nviolation or omission of official duty, or upon any person for any act\\nor omission within a school district, or touching property or the peace\\nand good order of the district, and such penalty or fine is declared to\\nbe for the use or benefit of the common schools of the town or of the\\ncounty, and such school district lies in two or more towns or counties,\\nthe town or county intended by the act shall be taken to be the one in\\nwhich the schoolhouse, or the schoolhouse longest owned or held by the\\ndistrict is at the time of such violation, act or omission.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3804", "title" : "Report and payment of fines", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3804", "activeDate" : "2014-09-22", "sequenceNo" : 1236, "repealedDate" : null, "fromSection" : "3804", "toSection" : "3804", "text" : " § 3804. Report and payment of fines. Every district attorney shall\\nreport, annually, to the board of supervisors or other governing\\nelective body, all such fines and penalties imposed in any prosecution\\nconducted by him during the previous year; and all moneys collected or\\nreceived by him or by the sheriff, or any other officer, for or on\\naccount of such fines or penalties, shall be immediately paid into the\\ncounty treasury, and the receipt of the county treasurer shall be a\\nsufficient and the only voucher for such money.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3805", "title" : "Penalty for falsely claiming to represent commissioner of education, regents or other school officer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3805", "activeDate" : "2014-09-22", "sequenceNo" : 1237, "repealedDate" : null, "fromSection" : "3805", "toSection" : "3805", "text" : " § 3805. Penalty for falsely claiming to represent commissioner of\\neducation, regents or other school officer. It shall be a misdemeanor\\nfor any employee, agent or representative of a firm, company or\\ncorporation engaged in selling, publishing or manufacturing papers,\\nperiodicals, books, maps, charts, school supplies, apparatus or\\nfurniture, or any other person engaged or employed in such business to\\nfalsely represent to a board of trustees or board of education of a\\nschool district or to a teacher employed in a public school in this\\nstate or to a superintendent of schools or other school officer that he\\nis an agent, employee, or representative of the commissioner of\\neducation, the state education department, the regents, or of any other\\nschool officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3806", "title" : "Penalty for failure to render an account or pay over any balance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3806", "activeDate" : "2014-09-22", "sequenceNo" : 1238, "repealedDate" : null, "fromSection" : "3806", "toSection" : "3806", "text" : " § 3806. Penalty for failure to render an account or pay over any\\nbalance. Every school officer in the city of New York who shall refuse\\nor neglect to render an account or to pay over any balance in his hands\\nat the expiration of his term of office shall for each offense forfeit\\nthe sum of fifty dollars, which sum, together with such unpaid balance,\\nshall be sued for and collected by the board of education of such city,\\nwhich board shall prosecute without delay for the recovery of such\\nforfeiture, together with the unpaid balance; and in case of the death\\nof such school officer suit may be brought against his representatives,\\nand all moneys recovered, after deducting expenses, shall be placed at\\nthe disposal of the board of education of such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3807", "title" : "Penalty for false reports and misapplication of public funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3807", "activeDate" : "2014-09-22", "sequenceNo" : 1239, "repealedDate" : null, "fromSection" : "3807", "toSection" : "3807", "text" : " § 3807. Penalty for false reports and misapplication of public funds.\\nEvery person in the employ of the board of education of the city of New\\nYork, and every school officer and every officer or teacher of a school\\nor society, who shall wilfully sign a false report to such board of\\neducation, shall for each offense forfeit the sum of twenty-five\\ndollars; and every such person or officer who shall wilfully misapply\\nany of the public funds committed to his care shall be deemed guilty of\\nembezzlement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3808", "title" : "Forfeiture of amount of penalty where suit is neglected", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3808", "activeDate" : "2014-09-22", "sequenceNo" : 1240, "repealedDate" : null, "fromSection" : "3808", "toSection" : "3808", "text" : " § 3808. Forfeiture of amount of penalty where suit is neglected.\\nWhere any penalty for the benefit of a school district, or of the\\nschools of any school district, town, supervisory district or county,\\nshall be incurred, and the officer, whose duty it is by law to sue for\\nthe same, shall wilfully and unreasonably refuse or neglect to sue for\\nthe same, such officer shall forfeit the amount of such penalty to the\\nsame use, and it shall be the duty of his successor in office to sue for\\nthe same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3809", "title" : "Forfeiture of amount of moneys lost by neglect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3809", "activeDate" : "2014-09-22", "sequenceNo" : 1241, "repealedDate" : null, "fromSection" : "3809", "toSection" : "3809", "text" : " § 3809. Forfeiture of amount of moneys lost by neglect. Whenever the\\nshare of school moneys or any portion thereof, apportioned to any school\\ndistrict, or any money to which a town or school district would have\\nbeen entitled, shall be lost, in consequence of any wilful neglect of\\nofficial duty by any district superintendent, town clerk, trustees or\\nclerks of school districts, the officer guilty of such neglect shall\\nforfeit to the town, or school district so losing the same, the full\\namount of such loss with interest thereon.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3810", "title" : "No costs to plaintiffs in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3810", "activeDate" : "2014-09-22", "sequenceNo" : 1242, "repealedDate" : null, "fromSection" : "3810", "toSection" : "3810", "text" : " § 3810. No costs to plaintiffs in certain cases. 1. In any action\\nagainst school officers, including supervisors of towns, in respect to\\ntheir duties and powers under this chapter, for any act performed by\\nvirtue of or under the color of their offices, or for any refusal or\\nomission to perform any duty enjoined by law, and which might have been\\nthe subject of an appeal to the commissioner of education, no costs\\nshall be allowed to the plaintiff, in cases where the court shall\\ncertify that it appeared on the trial that the defendants acted in good\\nfaith.\\n 2. The provision of subdivision one of this section shall not extend\\nto suits for penalties, nor to suits or proceedings to enforce the\\ndecisions of the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3811", "title" : "Costs, expenses and damages a district charge in certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3811", "activeDate" : "2014-09-22", "sequenceNo" : 1243, "repealedDate" : null, "fromSection" : "3811", "toSection" : "3811", "text" : " § 3811. Costs, expenses and damages a district charge in certain\\ncases. 1. Whenever the trustees or board of education of any school\\ndistrict, or any school district officers, have been or shall be\\ninstructed by a resolution adopted at a district meeting to defend any\\naction brought against them, or to bring or defend an action or\\nproceeding touching any district property or claim of the district, or\\ninvolving its rights or interests, or to continue any such action or\\ndefense, all their costs and reasonable expenses, as well as all costs\\nand damages adjudged against them, shall be a district charge and shall\\nbe levied by tax upon the district. Whenever any superintendent,\\nprincipal, member of the teaching or supervisory staff, member of a\\ncommittee on special education or subcommittee thereof, surrogate parent\\nas defined in the regulations of the commissioner of education, or any\\ntrustee or member of the board of education of a school district or\\nnon-instructional employee of any school district other than the city\\nschool district of the city of New York or any board of cooperative\\neducational services shall defend any action or proceeding, other than\\na criminal prosecution or an action or proceeding brought against him by\\na school district or board of cooperative educational services hereafter\\nbrought against him, including proceedings before the commissioner of\\neducation, arising out of the exercise of his powers or the performance\\nof his duties under this chapter, all his reasonable costs and expenses,\\nas well as all costs and damages adjudged against him, shall be a\\ndistrict charge and shall be levied by tax upon the district or shall\\nconstitute an administrative charge upon the board of cooperative\\neducational services provided that (a) such superintendent, principal,\\nmember of the teaching or supervisory staff, member of a committee on\\nspecial education or subcommittee thereof, surrogate parent as defined\\nin the regulations of the commissioner of education, non-instructional\\nemployee of any school district or board of cooperative educational\\nservices or such trustee or member of a board of education of such\\nschool district or board of cooperative educational services shall\\nnotify the trustees or board of education or board of cooperative\\neducational services in writing of the commencement of such action or\\nproceedings against him within five days after service of process upon\\nhim; and (b) the trustees or board of education or board of cooperative\\neducational services shall, at any time during the ten days next\\nfollowing the notice to them of the commencement of such action or\\nproceedings, have the right to designate and appoint the legal counsel\\nto represent such superintendent, principal, member of the teaching or\\nsupervisory staff, member of a committee on special education or\\nsubcommittee thereof, surrogate parent as defined in the regulations of\\nthe commissioner of education, non-instructional employee of any school\\ndistrict or board of cooperative educational services or such trustee\\nor member of the board of education or board of cooperative educational\\nservices in such action or proceedings against him, in the absence of\\nwhich designation and appointment within the time specified such\\nsuperintendent, principal, member of the teaching or supervisory staff,\\nmember of a committee on special education or subcommittee thereof,\\nsurrogate parent as defined in the regulations of the commissioner of\\neducation, non-instructional employee of any school district or board of\\ncooperative educational services or such trustee or member of the board\\nof education or board of cooperative educational services may select\\nhis own legal counsel; (c) it shall be certified by the court or by the\\ncommissioner of education, as the case may be, that he appeared to have\\nacted in good faith with respect to the exercise of his powers or the\\nperformance of his duties under this chapter.\\n 2. If the amount claimed hereunder be disputed by a district meeting,\\nthe board of education or the board of trustees, it shall be adjusted by\\nthe county judge of any county in which the district or any part of it\\nis situated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3812", "title" : "Payment of costs, charges and expenses by vote of district meeting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3812", "activeDate" : "2014-09-22", "sequenceNo" : 1244, "repealedDate" : null, "fromSection" : "3812", "toSection" : "3812", "text" : " § 3812. Payment of costs, charges and expenses by vote of district\\nmeeting. 1. Whenever the trustees or board of education or any school\\ndistrict officer shall have brought or defended any such action or\\nproceeding, without any such resolution of the district meeting, and\\nafter the final determination of such suit or proceeding, shall present\\nto any regular meeting of the inhabitants of the district, an account,\\nin writing, of all costs, charges and expenses paid by him or them, with\\nthe items thereof, and verified by his or their oath or affirmation, and\\na majority of the voters at such meeting shall so direct, it shall be\\nthe duty of the trustees to cause the same to be assessed upon and\\ncollected of the taxable property of said district, in the same manner\\nas other taxes are by law assessed and collected; and, when so\\ncollected, the same shall be paid over, by an order upon the collector\\nor treasurer to the officers entitled to receive the same.\\n 2. The provision of subdivision one of this section shall not extend\\nto suits for penalties, nor to suits or proceedings to enforce the\\ndecisions of the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3813", "title" : "Presentation of claims against the governing body of any school district or certain state supported schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-02-15", "2024-07-05" ], "docLevelId" : "3813", "activeDate" : "2014-09-22", "sequenceNo" : 1245, "repealedDate" : null, "fromSection" : "3813", "toSection" : "3813", "text" : " § 3813. Presentation of claims against the governing body of any\\nschool district or certain state supported schools. 1. No action or\\nspecial proceeding, for any cause whatever, except as hereinafter\\nprovided, relating to district property or property of schools provided\\nfor in article eighty-five of this chapter or chapter ten hundred sixty\\nof the laws of nineteen hundred seventy-four or claim against the\\ndistrict or any such school, or involving the rights or interests of any\\ndistrict or any such school shall be prosecuted or maintained against\\nany school district, board of education, board of cooperative\\neducational services, school provided for in article eighty-five of this\\nchapter or chapter ten hundred sixty of the laws of nineteen hundred\\nseventy-four or any officer of a school district, board of education,\\nboard of cooperative educational services, or school provided for in\\narticle eighty-five of this chapter or chapter ten hundred sixty of the\\nlaws of nineteen hundred seventy-four unless it shall appear by and as\\nan allegation in the complaint or necessary moving papers that a written\\nverified claim upon which such action or special proceeding is founded\\nwas presented to the governing body of said district or school within\\nthree months after the accrual of such claim, and that the officer or\\nbody having the power to adjust or pay said claim has neglected or\\nrefused to make an adjustment or payment thereof for thirty days after\\nsuch presentment. In the case of an action or special proceeding for\\nmonies due arising out of contract, accrual of such claim shall be\\ndeemed to have occurred as of the date payment for the amount claimed\\nwas denied.\\n 2. Notwithstanding anything to the contrary hereinbefore contained in\\nthis section, no action or special proceeding founded upon tort shall be\\nprosecuted or maintained against any of the parties named in this\\nsection or against any teacher or member of the supervisory or\\nadministrative staff or employee where the alleged tort was committed by\\nsuch teacher or member or employee acting in the discharge of his duties\\nwithin the scope of his employment and/or under the direction of the\\nboard of education, trustee or trustees, or governing body of the school\\nunless a notice of claim shall have been made and served in compliance\\nwith section fifty-e of the general municipal law. Every such action\\nshall be commenced pursuant to the provisions of section fifty-i of the\\ngeneral municipal law.\\n 2-a. Upon application, the court, in its discretion, may extend the\\ntime to serve a notice of claim. The extension shall not exceed the time\\nlimited for the commencement of an action by the claimant against any\\ndistrict or any such school. In determining whether to grant the\\nextension, the court shall consider, in particular, whether the district\\nor school or its attorney or its insurance carrier or other agent\\nacquired actual knowledge of the essential facts constituting the claim\\nwithin the time specified in subdivision one of this section or within a\\nreasonable time thereafter. The court shall also consider all other\\nrelevant facts and circumstances, including: whether the claimant was an\\ninfant, or mentally or physically incapacitated, or died before the time\\nlimited for service of the notice of claim; whether the claimant failed\\nto serve a timely notice of claim by reason of his justifiable reliance\\nupon settlement representations made by an authorized representative of\\nthe district or school or its insurance carrier; whether the claimant in\\nserving a notice of claim made an excusable error concerning the\\nidentity of the district or school against which the claim should be\\nasserted; and whether the delay in serving the notice of claim\\nsubstantially prejudiced the district or school in maintaining its\\ndefense on the merits.\\n An application for leave to serve a late notice shall not be denied on\\nthe ground that it was made after commencement of an action against the\\ndistrict or school.\\n Nothing contained in this subdivision shall affect claims arising out\\nof contracts entered into by the parties before the effective date of\\nthis subdivision; nor shall anything contained in this subdivision\\naffect non-contractual claims which have accrued before the effective\\ndate of this subdivision.\\n 2-b. Except as provided in subdivision two of this section and,\\nnotwithstanding any other provision of law providing a longer period of\\ntime in which to commence an action or special proceeding, no action or\\nspecial proceeding shall be commenced against any entity specified in\\nsubdivision one of this section more than one year after the cause of\\naction arose; provided, however, that nothing contained in this\\nsubdivision shall be deemed to modify or supersede any provision of law\\nspecifying a shorter period of time in which to commence an action or\\nspecial proceeding against any such entity. For purposes of this\\nsubdivision, a cause of action against the school district of residence\\nfor reimbursement of tuition costs incurred pursuant to subdivision four\\nof section thirty-two hundred two of this chapter by the school district\\nin which a family home at board is located shall arise as of the date\\npayment for the amount claimed was denied.\\n 3. The provisions of this section shall not supersede, alter or affect\\nthe provisions of section twenty-five hundred twelve of this chapter.\\n 4. In any action for personal injuries by a passenger on a school bus\\nagainst a school district, school bus operator under contract with a\\nschool district, or any agent or employee of a district or operator\\n(including, but not limited to, bus drivers, matrons, teachers serving\\nas chaperones and volunteers) no such person shall be held liable solely\\nbecause the injured party was not wearing a seat safety belt; provided,\\nhowever, that nothing contained herein shall be construed to grant\\nimmunity from liability for failure to:\\n (a) maintain in operating order any equipment required by statute,\\nrule or regulation;\\n (b) comply with applicable statutes, rules or regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3814", "title" : "Appeal to county judge", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3814", "activeDate" : "2014-09-22", "sequenceNo" : 1246, "repealedDate" : null, "fromSection" : "3814", "toSection" : "3814", "text" : " § 3814. Appeal to county judge. 1. Whenever any officer mentioned in\\nsection thirty-eight hundred twelve shall have complied with the\\nprovisions of such section and the meeting shall have refused to direct\\nthe trustees or board of education to levy a tax for the payment of the\\ncosts, charges and expenses claimed by him, such officer shall\\nimmediately give notice to such meeting that he will appeal to the\\ncounty judge of the county in which such district is located from the\\nrefusal of said meeting to vote a tax for the payment of such claim.\\n 2. Within ten days after the refusal of the meeting to allow such\\nclaim such officer shall serve upon the clerk of the district or, if\\nthere be no district clerk, upon the town clerk of the town, an itemized\\nstatement of his claim, duly verified, together with a written notice\\nthat on a certain day named therein such officer will present such claim\\nto the county judge for settlement.\\n 3. The clerk upon whom such notice and claim are served shall file the\\nsame in his office and such notice and claim shall be subject to the\\ninspection of any of the inhabitants of the school district.\\n 4. The meeting at which notice of the intention of such officer to\\nappeal to the county judge is given or any subsequent district meeting,\\nduly called, may appoint one or more of the legal voters of such\\ndistrict or authorize the trustee or board of education to employ\\ncounsel to appear before the county judge at the time fixed for a\\nhearing on such claim and protect the rights of the district upon such\\nsettlement. The expenses incurred in the performance of this duty shall\\nbe a charge upon the district and the trustees or board of education\\nupon a presentation of the account of such expenses with proper vouchers\\ntherefor shall pay the same from any available funds in the district or\\ninclude the necessary amount in a tax list to be levied upon the\\ndistrict.\\n 5. A refusal of the trustees or board of education to levy such tax\\nfor the payment of such expenses shall be subject to an appeal to the\\ncommissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3815", "title" : "Hearing before county judge", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3815", "activeDate" : "2014-09-22", "sequenceNo" : 1247, "repealedDate" : null, "fromSection" : "3815", "toSection" : "3815", "text" : " § 3815. Hearing before county judge. 1. Upon the appearance of the\\nparties, or upon due proof of service of the notice and copy of the\\naccount, the county judge shall examine into the matter and hear the\\nproofs and allegations presented by the parties, and decide by order\\nwhether or not the account, or any and what portion thereof, ought\\njustly to be charged upon the district, with costs and disbursements to\\nsuch officer.\\n 2. Such costs and disbursements shall not exceed the sum of thirty\\ndollars, and the decision of the county judge shall be final; but no\\nportion of such account shall be so ordered to be paid which shall\\nappear to such judge to have arisen from the wilful neglect or\\nmisconduct of the claimant. The account with the oath of the party\\nclaiming the same shall be prima facie evidence of the correctness\\nthereof. The county judge may adjourn the hearing from time to time, as\\njustice shall seem to require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "3816", "title" : "Duty of trustees or board of education to carry out order", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3816", "activeDate" : "2014-09-22", "sequenceNo" : 1248, "repealedDate" : null, "fromSection" : "3816", "toSection" : "3816", "text" : " § 3816. Duty of trustees or board of education to carry out order. It\\nshall be the duty of the trustees or board of education of any school\\ndistrict, within thirty days after service upon them or upon the\\ndistrict clerk of a copy of an order of the county judge and notice\\nthereof to them or any two of them, to cause the same to be entered at\\nlength in the book of record of said district, and to raise the amount\\nthereby directed to be paid, by a tax upon the district, to be by them\\nassessed and levied in the same manner as a tax voted by the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T6", "title" : "Special Schools and Instruction", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 1249, "repealedDate" : null, "fromSection" : "4001", "toSection" : "5201", "text" : " TITLE VI\\n SPECIAL SCHOOLS AND INSTRUCTION\\nArticle 81 Education of children residing in child care institutions\\n (§§ 4001-4006).\\n 83 Indian schools (§§ 4101-4119).\\n 85 Instruction of the deaf and of the blind (§§ 4201-4213).\\n 87 New York State School for the Blind (§§ 4301-4318).\\n 88 New York State School for the Deaf (§§ 4351-4358).\\n 89 Children with handicapping conditions (§§ 4401--4410-c).\\n 90 Gifted education (§§ 4451-4453).\\n 91 School camps (§§ 4501-4502).\\n 93 Career, practical arts, continuing adult education and\\n vocational and educational guidance (§§ 4601-4607).\\n 95 Farm schools in counties (§§ 4701-4712).\\n 97 Home schools in certain cities (§§ 4801-4815).\\n 99 New York nautical school (§§ 4901-4904).\\n 101 Private trade and correspondence schools (§§ 5001-5010).\\n 103 Workplace literacy programs (§§ 5100-5102).\\n 105 Research Institute on Addictions (§§ 5200-5201).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A81", "title" : "Education of Children Residing In Child Care Institutions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "81", "activeDate" : "2014-09-22", "sequenceNo" : 1250, "repealedDate" : null, "fromSection" : "4001", "toSection" : "4006", "text" : " ARTICLE 81\\n EDUCATION OF CHILDREN RESIDING IN CHILD CARE INSTITUTIONS\\nSection 4001. Definitions.\\n 4002. Educational services.\\n 4003. Annual tuition and maintenance reimbursement procedures.\\n 4004. Financial responsibility.\\n 4005. Placement and evaluation of children.\\n 4006. Notification procedures for determination of residence.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4001", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4001", "activeDate" : "2014-09-22", "sequenceNo" : 1251, "repealedDate" : null, "fromSection" : "4001", "toSection" : "4001", "text" : " § 4001. Definitions. As used in this article, the following terms\\nshall be defined as follows:\\n 1. \"Authorized agency\" shall have the meaning defined in section three\\nhundred seventy-one of the social services law.\\n 2. \"Child care institution\" shall mean any facility serving thirteen\\nor more children licensed by the department of social services pursuant\\nto title one of article seven of the social services law operated by an\\nauthorized agency, or a residential treatment facility for children and\\nyouth, whether or not such residential treatment facility is operated by\\nan authorized agency, except that Blythedale Children's Hospital shall\\nbe a child care institution. This definition shall not include any\\nfacility operated by a state agency or department other than the office\\nof mental health. It shall not include group homes or urban homes\\noperated by or contracted for by the division for youth.\\n 3. \"County\" shall mean the county executive, or if there is none, the\\nchairman of the county legislative body of the county which is\\nresponsible for a child in a child care institution or a private school,\\nexcept within the city of New York, in which case county shall mean the\\nmayor of said city.\\n 4. \"Child with a handicapping condition\" shall mean a person between\\nthe ages of five and twenty-one who has been identified through\\nappropriate evaluation and assessment as having a disability arising\\nfrom cognitive, emotional or physical factors, or any combination\\nthereof, which interferes with the child's ability to benefit from\\nregular education.\\n 5. \"Maintenance\" shall mean the amount charged for room and board,\\nresidential care and medical expenses, including those expenses\\nreimbursable pursuant to title nineteen of the federal social security\\nact, defined in accordance with the regulations of the commissioner of\\nsocial services for a child care institution pursuant to section three\\nhundred ninety-eight-a of the social services law. Maintenance shall not\\ninclude expenses which are otherwise reimbursable to a residential\\nfacility by a federal, state or local agency, shall be approved by the\\nstate commissioner of social services and the director of the budget and\\nshall not be otherwise payable or reimbursable.\\n 6. \"Public agency\" shall mean the family court, the division for youth\\nor the local social services district.\\n 7. \"Residential treatment facility for children and youth\" shall have\\nthe meaning defined in section 1.03 of the mental hygiene law. Such\\nfacilities may be operated by an authorized agency, subject to the\\nregulation of the office of mental health.\\n 8. \"Special act school district\" shall mean those school districts\\nenumerated in chapter five hundred sixty-six of the laws of nineteen\\nhundred sixty-seven as amended.\\n 9. \"Tuition\" shall mean the per pupil cost of all instructional\\nservices, supplies and equipment, and the operation of instructional\\nfacilities as determined by the commissioner. Approved tuition shall be\\ncomputed from expenditures for which no revenue has been received from\\nthe following sources:\\n a. Receipts from the federal government;\\n b. Any cash receipts which reduce the cost of an item applied against\\nthe item therefor, except gifts, donations and earned interest; and\\n c. Any refunds made or any apportionment or payment received from the\\nstate for experimental or special programs as approved by the\\ncommissioner.\\n 10. \"School district of origin\" shall mean the public school district\\nof which a child was or is a resident at the time of such child's\\nplacement in the care and custody of a public agency.\\n 11. \"School district of residence\" shall mean the public school\\ndistrict in which the child was or is living at the time a public agency\\nis considering placement of the child in a child care institution, or at\\nthe time a child is placed with the division for youth.\\n 12. \"Written recommendation\" shall mean the information required to be\\nprovided by a school district to a public agency pursuant to section\\nforty hundred five of this article, which shall be developed as\\nspecified by the regulations of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4002", "title" : "Educational services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4002", "activeDate" : "2014-09-22", "sequenceNo" : 1252, "repealedDate" : null, "fromSection" : "4002", "toSection" : "4002", "text" : " § 4002. Educational services. 1. Each child between the ages of five\\nand twenty-one who resides in a child care institution and who has not\\nyet graduated from high school shall be entitled to receive a free and\\nappropriate education in the least restrictive environment for that\\nchild.\\n 2. Each child shall be provided suitable educational services in the\\nleast restrictive environment which can be provided by one of the day\\nprograms listed below. The need of the individual child shall determine\\nthe program that shall be offered. Such programs are as follows:\\n a. The program of the public schools, as defined by section forty-four\\nhundred one of this chapter, where such child care institution is\\nlocated or a neighboring public school program.\\n b. The program of the board of cooperative educational services\\nserving the area in which the institution is located. Boards of\\ncooperative educational services are hereby authorized to provide such\\nservices on the same basis as such services are provided to children\\nresiding in component districts of such boards.\\n c. A special act school district.\\n d. An approved private school operated by such institution, or a\\nprivate non-residential school approved by the state education\\ndepartment. Children who receive care in a residential treatment\\nfacility for children and youth which is operated by an authorized\\nagency may be placed in a private school operated by such residential\\ntreatment facility or in a private school operated by the authorized\\nagency.\\n e. Appointment by the commissioner to a state or state-supported\\nschool in accordance with article eighty-five, eighty-seven or\\neighty-eight of this chapter.\\n f. Contracts with the state university at Binghamton for\\nnon-residential special services or programs at the children's unit for\\ntreatment and evaluation which have been approved by the commissioner.\\n * g. Related services which shall in appropriate cases be provided or\\nassured to students with disabilities and which shall include audiology,\\ncounseling including rehabilitation counseling services, occupational\\ntherapy, parent counseling and training, school health services, school\\nnurse services, school social work, physical therapy, speech pathology,\\nmedical services as defined in regulations, psychological services,\\norientation and mobility services, assistive technology service as\\ndefined under federal law, interpreting services, other appropriate\\ndevelopmental, corrective or other support services, and appropriate\\naccess to recreation, as such terms are defined by regulations of the\\ncommissioner and approved by the director of the budget. Such term does\\nnot include a medical device that is surgically implanted, the\\noptimization of that device's functioning (e.g., mapping), maintenance\\nof that device, or the replacement of such device.\\n * NB Effective until June 30, 2015\\n * g. Related services which shall in appropriate cases be provided or\\nassured to students with disabilities and which shall include audiology,\\ncounseling including rehabilitation counseling services, occupational\\ntherapy, parent counseling and training, school health services, school\\nsocial work, physical therapy, speech pathology, medical services as\\ndefined in regulations, psychological services, orientation and mobility\\nservices, assistive technology service as defined under federal law,\\nother appropriate developmental, corrective or other support services,\\nand appropriate access to recreation, as such terms are defined by\\nregulations of the commissioner and approved by the director of the\\nbudget.\\n * NB Effective June 30, 2015\\n h. Hospital instruction, which shall be provided as specified in the\\nregulations of the commissioner.\\n i. Other programs approved by the commissioner.\\n 3. Each child care institution maintaining a school shall appoint a\\ncommittee on special education of the same composition as required of\\npublic schools by section forty-four hundred two of this chapter. Such\\ncommittee shall have responsibility for evaluating each pupil suspected\\nof having a handicapping condition who has been placed in the care of a\\nchild care institution by a public agency and each child placed in a\\nresidential treatment facility for children and youth, and placing such\\nchildren in an appropriate special education program as provided in\\nsection forty hundred five of this article. Such committee shall follow\\nthe procedures contained in section forty-four hundred two of this\\nchapter. A residential treatment facility for children and youth which\\nis operated by an authorized agency may share the services of a\\ncommittee on special education established pursuant to this subdivision\\nor other provisions of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4003", "title" : "Annual tuition and maintenance reimbursement procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4003", "activeDate" : "2014-09-22", "sequenceNo" : 1253, "repealedDate" : null, "fromSection" : "4003", "toSection" : "4003", "text" : " § 4003. Annual tuition and maintenance reimbursement procedures. 1.\\nThe commissioner of education, the commissioner of social services, and,\\nwhen appropriate, the commissioner of mental health shall develop\\nreimbursement methodologies for the tuition and maintenance components\\nof child care institutions and special act school districts. The\\ncommissioner of education, in consultation with the appropriate state\\nagencies and departments, shall have responsibility for developing a\\nreimbursement methodology for tuition which shall be based upon\\nappropriate educational standards promulgated pursuant to regulations of\\nthe commissioner of education. The commissioner of social services,\\nexcept for institutions for which the state health department or the\\noffice of mental health establishes maintenance rates, in consultation\\nwith appropriate state agencies and departments, shall have\\nresponsibility for developing a reimbursement methodology for\\nmaintenance, pursuant to section three hundred ninety-eight-a of the\\nsocial services law and the regulations promulgated thereunder.\\n 2. The director of the budget, in consultation with the commissioner\\nof education, the commissioner of social services, the commissioner of\\nhealth, the commissioner of mental health, and any other state agency or\\nother source he may deem appropriate, shall approve reimbursement\\nmethodologies for tuition and maintenance. Any modification in any such\\nmethodology which has previously been approved shall be subject to the\\napproval of the director of the budget.\\n 3. Effective upon final approval by the director of the budget of\\nreimbursement methodologies for both tuition and maintenance, the\\ncommissioner of education shall annually determine a tuition rate in\\nconformance with this section for each special act school district or\\nprivate school operated by a child care institution.\\n 4. Effective upon final approval by the director of the budget of the\\nreimbursement methodologies for both tuition and maintenance, the\\ncommissioner of social services shall annually determine a maintenance\\nrate and a medical services rate for each child care institution in\\naccordance with this section and regulations of the commissioner of\\nsocial services.\\n 5. All reimbursement rates determined pursuant to this section shall\\nbe effective for the period July first through June thirtieth. Rates for\\nthe following year shall be submitted no later than April fifteenth to\\nthe director of the budget. The director of the budget shall act upon\\nsuch rates within forty-five days of submission. Such rates shall not\\nbecome effective until approved by the director of the budget. In the\\nevent that the rates are approved after July first, then such rates\\nshall be deemed to apply retroactively to such date.\\n 6. All reimbursements shall be subject to adjustment and final\\ndetermination upon field audit conducted by the comptroller, the state\\neducation department, the department of social services or any agent\\nthereof.\\n 7. The commissioner of education, the commissioner of social services\\nand the director of the budget, in consultation with other appropriate\\nstate agencies and departments, shall enter into an interagency\\nagreement to assure effective implementation of the provisions of this\\nsection. The agreement shall provide for, but not be limited to, the\\ndevelopment of common accounting practices and audit procedures, common\\ninformation and budget forms, coordinated financial and other reporting\\nrequirements for child care institutions, mechanisms for resolving\\nappeals of rates established pursuant to this section and mechanisms to\\nevaluate and recommend modification to reimbursement methodologies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4004", "title" : "Financial responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "4004", "activeDate" : "2014-09-22", "sequenceNo" : 1254, "repealedDate" : null, "fromSection" : "4004", "toSection" : "4004", "text" : " § 4004. Financial responsibility. 1. Tuition expenses for a child\\nplaced by a school district in a special act school district or in a\\nprivate school operated by a child care institution pursuant to this\\narticle shall be the responsibility of such school district pursuant to\\nsection forty-four hundred five of this chapter.\\n 2. a. Any tuition expenses for an educational program approved by the\\neducation department for the purposes of this article, incurred pursuant\\nto section four thousand two of this article, for a child who is a\\nresident of this state placed in a child care institution by a social\\nservices district, the division for youth, or family court for a full\\nyear program of instruction pursuant to section four thousand three of\\nthis article, or for a child who is a resident of this state receiving\\ncare in a residential treatment facility for children and youth and who\\nwas placed in such a facility by a social services district, the\\ndivision for youth or the family court, shall be borne by the local\\nsocial services district financially responsible for such child and\\ntuition expenses for a child who is a resident of this state receiving\\ncare in a residential treatment facility for children and youth and who\\nwas not placed in such a facility by a school district, social services\\ndistrict, the division for youth or the family court shall be borne by\\nthe office of mental health, except that no public funding shall be made\\navailable for any child receiving care in a residential treatment\\nfacility for children and youth whose admission did not conform with the\\nprovisions of section 9.51 of the mental hygiene law. Tuition expenses\\nfor children admitted to Blythedale Children's Hospital on an inpatient\\nbasis shall be the responsibility of the social services district in\\nwhich the child resided at the time of admission to such hospital. The\\nschool district in which the child resided at the time a social services\\ndistrict or the division for youth assumed responsibility for the\\nsupport and maintenance of the child, or was admitted to Blythedale\\nChildren's Hospital, or the child was admitted to a residential\\ntreatment facility for children and youth shall reimburse the state\\ntowards the state's expenditure on behalf of such child for each child\\ndetermined to be handicapped by the committee on special education of\\nthe school district of residence pursuant to section four thousand five\\nof this article. The amount of such reimbursement shall be equal to the\\nschool district basic contribution as defined in subdivision eight of\\nsection forty-four hundred one of this chapter.\\n b. The comptroller shall deduct from any state funds which become due\\nto a public school district other than a special act school district an\\namount equal to the reimbursements required to be made to the state in\\naccordance with this section upon certification by the commissioner of\\neducation of the monies due.\\n c. The state commissioner of social services shall notify the\\ncommissioner of education at least every six months commencing September\\nfirst, nineteen hundred eighty-one of the name of each child for whom a\\nlocal social services commissioner has paid tuition during the preceding\\nsix month period, the name of the school to which such tuition has been\\npaid, and the school district in which such child resided at the time of\\nentrance to care and whether such child has been determined to be\\nhandicapped.\\n 3. In the event of the failure of the social services district to make\\npayment for tuition pursuant to the provisions of this section, the\\nstate comptroller shall withhold state reimbursement to any such social\\nservices district in an amount equal to the unpaid obligation for\\ntuition and pay over such sum to the child care institution or special\\nact school district upon certification of the state commissioner of\\nsocial services. The state commissioner of social services shall\\npromulgate regulations to implement the provisions of this subdivision.\\n 4. Nothing in this article shall be construed to deny or limit access\\nto a free and appropriate education for a handicapped child pursuant to\\nthe federal education of the handicapped act, as amended and the\\nregulations promulgated thereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4005", "title" : "Placement and evaluation of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4005", "activeDate" : "2014-09-22", "sequenceNo" : 1255, "repealedDate" : null, "fromSection" : "4005", "toSection" : "4005", "text" : " § 4005. Placement and evaluation of children. 1. a. Children placed by\\nthe family court. When the placement of a child is being considered by\\nthe family court pursuant to section 353.3, seven hundred fifty-six or\\none thousand fifty-five of the family court act and such child is\\nthought to have a handicapping condition and may be placed in a child\\ncare institution, the family court judge or the probation department\\nshall request the school district of residence to provide that the\\ncommittee on special education of such district evaluate such child and\\nmake written recommendations for appropriate educational services and to\\nforward a written evaluation and recommendation within forty-two days of\\nsuch request. Such information shall be used to determine the most\\nappropriate placement for the child, and if the family court places the\\nchild in the custody of a social services district, it shall transmit\\nsuch information to such district. If the committee on special education\\ndetermines that the child does not have a handicapping condition, it\\nshall notify the family court of such determination within forty-two\\ndays. If the committee on special education fails to make a\\nrecommendation pursuant to the provisions of this paragraph, the family\\ncourt shall obtain such information from the school district pursuant to\\nsection two hundred fifty-five of the family court act.\\n b. Children placed by a local social services district. When a local\\nsocial services district is considering the placement of a child thought\\nto have a handicapping condition in a child care institution, the social\\nservices district shall request the school district of residence to\\nprovide that the committee on special education of such district\\nevaluate such child and make written recommendations for appropriate\\neducational services within forty-two days, except where such\\ninformation has been obtained by the family court. Such information\\nshall be used to determine the most appropriate placement for the child.\\nIf the committee on special education determines that the child does not\\nhave a handicapping condition, it shall notify the social services\\ndistrict of such determination within forty-two days.\\n c. Children placed by the division for youth. (i) Any educational\\ninformation obtained by the family court pursuant to this section shall\\nbe transmitted to the division for youth pursuant to section five\\nhundred seven-b of the executive law. The division shall use such\\ninformation to determine the most appropriate placement for the child.\\n (ii) When the division for youth is considering the placement of a\\nchild thought to have a handicapping condition in a child care\\ninstitution, pursuant to article nineteen-G of the executive law, the\\ndivision shall request the school district of residence to provide that\\nthe committee on special education of such district evaluate such child\\nand make written recommendations for appropriate educational services\\nwithin forty-two days. Such information shall be used to determine the\\nmost appropriate placement for the child. If the committee on special\\neducation determines that the child does not have a handicapping\\ncondition, it shall notify the division of such determination within\\nforty-two days.\\n d. Children placed in residential treatment facilities for children\\nand youth. When a pre-admission certification committee established\\npursuant to section 9.51 of the mental hygiene law is considering the\\nplacement of a child who has not previously been placed in a child care\\ninstitution by a public agency in a residential treatment facility for\\nchildren and youth and such child is thought to have a handicapping\\ncondition, the committee shall request the school district of residence\\nto provide that the committee on special education of such district\\nevaluate such child and make written recommendations for appropriate\\neducational services and to forward a written evaluation and\\nrecommendation within forty-two days of such request. Notwithstanding\\nthe definition set forth in subdivision eleven of section forty hundred\\none of this article, if a child being considered for initial placement\\nin a residential treatment facility is a patient in a hospital operated\\nor licensed by the office of mental health, the school district of\\nresidence shall be the school district of residence at the time he or\\nshe entered the hospital. Such information shall be used to determine\\nthe most appropriate placement for the child. If the committee on\\nspecial education determines that the child does not have a handicapping\\ncondition, it shall notify the pre-admission certification committee and\\nthe operator of a residential treatment facility for children and youth\\nwhich has admitted the child for care and treatment of such\\ndetermination within forty-two days.\\n e. Any information obtained from a committee on special education\\npursuant to this section shall be considered confidential in accordance\\nwith regulations of the commissioner and shall be forwarded by the local\\nsocial services district, the division for youth or the appropriate\\npre-admission certification committee established pursuant to section\\n9.51 of the mental hygiene law to the child care institution or other\\nfacility in which the child is placed.\\n f. For the purposes of this section, an emergency placement shall mean\\na child who must be placed in a child care institution to protect the\\nhealth and welfare of the child or his family within thirty days of the\\npresentation of the child to the family court or a local social services\\ndistrict. Children in an emergency placement shall not be exempted from\\nthe requirements of paragraphs a and b of this subdivision, except that\\nthe required educational evaluation shall be performed and\\nrecommendations made subsequent to the emergency placement but in no\\ncase later than forty-two days after such placement.\\n 2. a. Upon the placement of a child who is at least five years of age\\nin a child care institution that operates a private school or in a\\nspecial act school district, by a public agency, or in a residential\\ntreatment facility for children and youth which, independently or as\\npart of an authorized agency, operates a private school or a special act\\nschool district, the committee on special education of the private\\nschool or the special act district shall follow the procedures contained\\nin section forty-four hundred two of this chapter including the\\ninvolvement of the parents or guardians of the child and shall:\\n (i) consider and review the evaluation performed by the committee on\\nspecial education of the school district of residence.\\n (ii) prepare an individualized education program for each child who\\nhas been determined to be handicapped which takes into account\\nrecommendations made by the committee on special education of the school\\ndistrict of residence.\\n (iii) place the child in the most appropriate program specified in\\nsubdivision two of section forty hundred two of this article. The\\ncommittee shall review at least annually and prepare a written report\\nconcerning the status of each child with a handicapping condition under\\nits jurisdiction which shall include a determination whether a child's\\neducational program should be continued, modified or terminated.\\n (iv) forward to the social services district or the division for youth\\nthe individualized education program and in each year forward an annual\\nreport for each child, as specified in this paragraph. The social\\nservices district, the division for youth or the operator of a\\nresidential treatment facility for children and youth which is not\\noperated by an authorized agency, as the case may be, shall transmit a\\ncopy of such documents to the parents or guardians of the child and to\\nthe committee on special education of the school district of origin and\\nshall forward a copy of the evaluation performed by the committee on\\nspecial education of the school district of residence to the parents or\\nguardians of the child.\\n * b. If the individual educational evaluation, individualized\\neducation program, educational placement decision, or the annual report\\nfor the child or any other matter relating to the provision of a free\\nappropriate public education to the student is not acceptable to the\\nparents or persons in parental relation to the student, an impartial\\nhearing may be initiated by such parties pursuant to section forty-four\\nhundred four of this title and mediation shall be made available\\npursuant to section forty-four hundred four-a of this title.\\n * NB Effective until June 30, 2015\\n * b. If the educational evaluation, educational placement decision or\\nthe annual report for the child is not acceptable to the parents or\\nguardians of the child, the child, or the social services district or\\nthe division for youth, appeals may be made by such parties pursuant to\\nsection forty-four hundred four of this chapter.\\n * NB Effective June 30, 2015\\n * c. A child care institution or the social services district or the\\ndivision for youth may request a review by the board of education of the\\nschool district of residence of the fact that a child has been\\ndetermined not to be handicapped by the committee on special education\\nof such district. An appeal to the commissioner will lie from any\\ndetermination of the board of education.\\n * NB Effective June 30, 2015\\n 3. In the event that it has been determined by a private school\\noperated by a child care institution or a special act school district,\\nsubject to any review or modification provided for in this article, that\\na child should receive educational services in a public school, other\\nthan a special act school district, or board of cooperative educational\\nservices program or if a child resides in a child care institution that\\ndoes not maintain an approved private school program or special act\\nschool district, then any such child residing in a child care\\ninstitution shall be admitted to the school district in which the child\\ncare institution is located pursuant to regulations of the commissioner.\\nFor the purposes of this subdivision a special act school district shall\\nnot be considered to be the school district in which such institution is\\nlocated.\\n 4. During the pendency of any proceeding concerning any individual\\nchild described above, the child care institution or special act school\\ndistrict shall continue to be reimbursed by the social services district\\nfor the approved cost of the current educational placement of the child,\\nincluding the transportation of such child to and from any interview\\nrequired by the committee on special education of the child's school\\ndistrict of residence where an evaluation must be performed subsequent\\nto the placement of a child pursuant to this section or any costs of an\\nindependent evaluation deemed necessary by such committee.\\n 5. Nothing in this section shall be deemed to affect the placement or\\nremoval of a child from a child care institution by a public agency or\\nthe admission or discharge of children to and from Blythedale Children's\\nHospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4006", "title" : "Notification procedures for determination of residence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4006", "activeDate" : "2014-09-22", "sequenceNo" : 1256, "repealedDate" : null, "fromSection" : "4006", "toSection" : "4006", "text" : " § 4006. Notification procedures for determination of residence. 1.\\nWithin thirty days of the placement of a child, determined to be\\nhandicapped pursuant to subdivision one of section forty hundred five of\\nthis article, in a child care institution, the local social services\\ncommissioner, the division for youth or the operator of a residential\\ntreatment facility for children and youth which is not operated by an\\nauthorized agency shall notify the board of education of the school\\ndistrict of origin and the state commissioner of social services. Such\\nnotification shall include the name of the child and the residence of\\nthe child at the time of entrance to care. The commissioner shall\\npromulgate regulations, in consultation with the commissioner of social\\nservices, the commissioner of mental health and the director of the\\ndivision for youth, to implement this subdivision.\\n 2. A board of education of a school district which receives\\nnotification that a child has been placed in a child care institution\\nfor the purposes of this section may deny financial responsibility for\\nsuch child by written notice, within twenty days of notification\\npursuant to subdivision one of this section, to the commissioner and the\\npublic agency placing the child.\\n 3. The division for youth or the social services district placing such\\nchild may appeal such denial of responsibility to the commissioner. If\\nthe commissioner finds that the child was not a resident of the school\\ndistrict that was notified that the child was a resident, the\\ncommissioner shall request the division for youth or social services\\ncommissioner to ascertain the correct school district and notify such\\nschool district pursuant to subdivision one of this section. If the\\ncommissioner finds that a child has no residence in this state, he shall\\ndetermine that there is no school district contribution for such child.\\n 4. Any final determination or order of the commissioner concerning\\nresidence or placement of any child under this section may only be\\nreviewed in a proceeding brought in the supreme court pursuant to\\narticle seventy-eight of the civil practice law and rules. In any such\\nproceeding under such article seventy-eight, the court may grant any\\nrelief authorized by the provisions of section seventy-eight hundred six\\nof such law and rules and may also, in its discretion, remand the\\nproceedings to the commissioner. A local social services commissioner or\\nthe division for youth is a proper party in any such appeal or\\nproceeding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A83", "title" : "Indian Schools", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "83", "activeDate" : "2014-09-22", "sequenceNo" : 1257, "repealedDate" : null, "fromSection" : "4101", "toSection" : "4119", "text" : " ARTICLE 83\\n INDIAN SCHOOLS\\nSection 4101. Duties of commissioner regarding Indian children.\\n 4102. Rights of Indians and of state shall be guarded.\\n 4103. Indian children not entitled to free tuition in public\\n schools.\\n 4104. Employment of teachers, salaries, et cetera.\\n 4105. Required attendance upon instruction.\\n 4106. Duties of persons in parental relation to Indian children.\\n 4107. Penalty for failure to send children to school.\\n 4108. Persons employing Indian children unlawfully to be fined.\\n 4109. Teachers' record of attendance.\\n 4110. Attendance officers.\\n 4111. Arrest of truants.\\n 4112. Commissioner of education to contract for keeping of\\n truants.\\n 4113. Census.\\n 4114. Payment of services herein required.\\n 4115. Apportionment.\\n 4116. Co-operation of Indians shall be sought.\\n 4117. Payment of cost of education of physically handicapped\\n Indian children.\\n 4118. Attendance at post-secondary institutions by Native\\n American students.\\n 4119. School district may contract to educate Indian children.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4101", "title" : "Duties of commissioner regarding Indian children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-21", "2017-08-18" ], "docLevelId" : "4101", "activeDate" : "2014-09-22", "sequenceNo" : 1258, "repealedDate" : null, "fromSection" : "4101", "toSection" : "4101", "text" : " § 4101. Duties of commissioner regarding Indian children. 1. The\\ncommissioner of education shall establish schools in such places and\\nmaintain such courses of instruction therein for the education of the\\nIndian children of the state as he shall deem necessary. He shall have\\ngeneral supervision of such education and shall cause to be erected\\nwhere necessary convenient and suitable school buildings for the\\naccommodation of all the Indian children of the state.\\n 2. The commissioner in his discretion may, instead of establishing\\nschools and maintaining courses of instruction therein for the education\\nof the Indian children of the state, contract with any school district\\nfor the education of such Indian children. The consideration for any\\nsuch contract shall not exceed the total cost to the school district of\\nthe education of Indian children pursuant to such contract, less any\\npublic moneys received by the school district by reason of the\\nattendance of such Indian children in regular day school, except any\\npublic moneys received by the district as a building quota pursuant to\\nthe provisions of subdivision six-a of section thirty-six hundred two of\\nthis chapter. The commissioner of taxation and finance shall pay on the\\nwarrant of the comptroller bills, for the costs and expenses attending\\nsuch contract, approved by the commissioner of education from the\\nappropriation for the support and education of Indian children. In\\ncarrying out the provisions of this article the commissioner,\\nnotwithstanding any other provision of law, may lease any school ground,\\nsite or building established for a reservation and owned by the state of\\nNew York to any school district upon such terms and conditions as he\\nshall deem necessary, convenient and proper. Nothing herein contained\\nshall alter the title of the Indians to their lands.\\n 3. The commissioner of education shall also enforce this article and\\npay from the funds set apart for Indian education any necessary expense\\nincurred thereby.\\n 4. Notwithstanding any other provision of law to the contrary, an\\nIndian child who is resident of any portion of reservation located\\nwholly or partly within the borders of the state shall be deemed an\\nIndian child for the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4102", "title" : "Rights of Indians and of state shall be guarded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4102", "activeDate" : "2014-09-22", "sequenceNo" : 1259, "repealedDate" : null, "fromSection" : "4102", "toSection" : "4102", "text" : " § 4102. Rights of Indians and of state shall be guarded. Any contract\\nwhich may be entered into with Indians for the use or occupancy of any\\nland for school grounds, sites or buildings, shall provide proper\\nprotection for the title of the Indians to their lands, and shall\\nreserve to the state the right to remove or otherwise dispose of all\\nimprovements made at the expense of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4103", "title" : "Indian children not entitled to free tuition in public schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4103", "activeDate" : "2014-09-22", "sequenceNo" : 1260, "repealedDate" : null, "fromSection" : "4103", "toSection" : "4103", "text" : " § 4103. Indian children not entitled to free tuition in public\\nschools. Indian children residing on a reservation are not entitled to\\nfree tuition in districts outside the reservation but may be received\\ninto the schools of such districts on the approval of the trustees\\nthereof and the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4104", "title" : "Employment of teachers, salaries, et cetera", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4104", "activeDate" : "2014-09-22", "sequenceNo" : 1261, "repealedDate" : null, "fromSection" : "4104", "toSection" : "4104", "text" : " § 4104. Employment of teachers, salaries, et cetera. 1. The\\ncommissioner of education shall employ all necessary teachers,\\nattendance officers and other assistants and employees, and fix their\\nsalaries within the amount of the appropriations made therefor, as shall\\nbe necessary for the proper enforcement of the statutes relating to\\nIndian education.\\n 2. The personnel of the faculty of each state Indian school shall be\\nclassified as follows:\\n a. Principal\\n b. Vice principal\\n c. Teacher\\n 3. Each member of the faculty shall receive an annual salary to be\\npaid over a ten month period, except that the principal shall receive an\\nannual salary to be paid over a twelve month period.\\n 4. Any contribution of food, lodging or maintenance by the state, or\\nany commutation in lieu of maintenance, except traveling expenses and\\nfield allowances, shall be considered as part of the salary to be paid.\\nThe fair value of such food, lodging, maintenance or commutation shall\\nbe determined by the director of the budget and may in his discretion be\\ndeducted from the salary to which a member of the faculty would\\notherwise be entitled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4105", "title" : "Required attendance upon instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4105", "activeDate" : "2014-09-22", "sequenceNo" : 1262, "repealedDate" : null, "fromSection" : "4105", "toSection" : "4105", "text" : " § 4105. Required attendance upon instruction. 1. Every Indian child\\nbetween six and sixteen years of age, in proper physical and mental\\ncondition to attend school, shall regularly attend upon instruction at a\\nschool in which at least the common school branches of reading,\\nspelling, writing, arithmetic, English grammar and geography are taught\\nin English, or upon equivalent instruction by a competent teacher\\nelsewhere than at such school as follows: Every Indian child between\\nfourteen and sixteen years of age not regularly and lawfully engaged in\\nany useful employment or service, and every such child between six and\\nfourteen years of age, shall so attend upon instruction as many days\\nannually during the period between the first days of September and the\\nfollowing July as a public school of the community or district of the\\nreservation, in which such child resides, shall be in session during the\\nsame period.\\n 2. If any such child shall so attend upon instruction elsewhere than\\nat the public school, such instruction shall be at least equivalent to\\nthe instruction given to Indian children of like age at a school of the\\ncommunity or district in which such child shall reside; and such\\nattendance shall be for at least as many hours of each day thereof, as\\nare required of children of like age at public schools and no greater\\ntotal amount of holidays and vacations shall be deducted from such\\nattendance during the period such attendance is required than is allowed\\nin public schools for children of like age. Occasional absences from\\nsuch attendance not amounting to irregular attendance in a fair meaning\\nof the term, shall be allowed upon such excuses only as would be allowed\\nin like cases by the general rules and practices of public schools.\\n 3. Transportation shall be provided for Indian children who live more\\nthan a mile from the elementary and high schools they attend, and the\\ncommissioner of education is hereby empowered to make provision for the\\ncost of the same as a part of the care and education of Indian children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4106", "title" : "Duties of persons in parental relation to Indian children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4106", "activeDate" : "2014-09-22", "sequenceNo" : 1263, "repealedDate" : null, "fromSection" : "4106", "toSection" : "4106", "text" : " § 4106. Duties of persons in parental relation to Indian children.\\nAny person in parental relation to an Indian child between six and\\nsixteen years of age in proper physical and mental condition to attend\\nschool, shall cause such child to attend upon instruction as provided in\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4107", "title" : "Penalty for failure to send children to school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4107", "activeDate" : "2014-09-22", "sequenceNo" : 1264, "repealedDate" : null, "fromSection" : "4107", "toSection" : "4107", "text" : " § 4107. Penalty for failure to send children to school. A violation\\nof section forty-one hundred six shall be a misdemeanor, punishable for\\nthe first offense by a fine not exceeding five dollars or by\\nimprisonment not exceeding ten days, and for each subsequent offense, by\\na fine not exceeding twenty-five dollars, or by imprisonment not\\nexceeding thirty days, or by both such fine and imprisonment. Courts of\\nspecial sessions shall, subject to removal, as provided in sections\\nfifty-seven and fifty-eight of the code of criminal procedure, have\\nexclusive jurisdiction in the first instance to hear, try and determine\\ncharges of violation of section forty-one hundred six within their\\nrespective jurisdictions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4108", "title" : "Persons employing Indian children unlawfully to be fined", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4108", "activeDate" : "2014-09-22", "sequenceNo" : 1265, "repealedDate" : null, "fromSection" : "4108", "toSection" : "4108", "text" : " § 4108. Persons employing Indian children unlawfully to be fined. A\\nperson, firm, association or corporation shall not employ any Indian\\nchild residing on any Indian reservation between six and fourteen years\\nof age, in any business or service whatever during any part of the term\\nduring which the school in the community or district in which such child\\nresides or the school where such child should attend is in session, nor\\nshall employ any Indian child residing on any reservation between\\nfourteen and sixteen years of age, who does not, at the time of such\\nemployment present a consent in writing signed by the principal teacher\\nof the reservation or the principal of the district which educates the\\nchildren in the community in which such child resides to the effect that\\nsuch child may be employed, and specifying the nature of the service and\\nthe duration of such service or employment. Any person, firm,\\nassociation or corporation who shall employ any Indian child contrary to\\nthe provisions of this section shall for each offense forfeit and pay to\\nthe principal teacher of the reservation or to the commissioner of\\neducation the sum of twenty-five dollars to be sued for in the name of\\nthe people of the state of New York by the attorney general. Such\\npenalty, when paid, shall be used for the support and maintenance of the\\nschools on said reservation or for said reservation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4109", "title" : "Teachers' record of attendance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4109", "activeDate" : "2014-09-22", "sequenceNo" : 1266, "repealedDate" : null, "fromSection" : "4109", "toSection" : "4109", "text" : " § 4109. Teachers' record of attendance. An accurate record of\\nattendance of all Indian children between six and sixteen years of age\\nshall be kept by the teacher of every Indian school, showing each day,\\nby the year, month, day of the month and day of the week, such\\nattendance, and the number of hours in each day thereof; and each\\nteacher upon whose instruction such Indian child shall attend elsewhere\\nthan at the school in the community or district of the reservation where\\nhe resides, shall keep a like record of such attendance. Such records\\nshall at all times be open to the principal teacher of the reservation\\nand its attendance officers or to such person or persons as shall be\\ndesignated by the commissioner of education who may inspect and copy the\\nsame and any teacher shall answer all lawful inquiries made by them. A\\nwilful neglect or refusal to keep such a record or answer such inquiries\\nshall be a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4110", "title" : "Attendance officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4110", "activeDate" : "2014-09-22", "sequenceNo" : 1267, "repealedDate" : null, "fromSection" : "4110", "toSection" : "4110", "text" : " § 4110. Attendance officers. 1. The principal teacher of the Indian\\nschools on each reservation shall supervise the enforcement of this\\narticle within said reservation and shall appoint, subject to the\\napproval of the commissioner of education, and remove at pleasure such\\nnumber of attendance officers as the commissioner of education shall\\ndeem necessary, whose jurisdictions shall extend over all school\\ndistricts on the reservation for which they shall be appointed. Such\\nprincipal teachers are also vested with the same power and authority as\\nthe attendance officers appointed by them.\\n 2. If the education of Indian children of the reservation shall be\\nprovided pursuant to the provisions of subdivision two of section\\nforty-one hundred one of this chapter, the attendance officer or\\nofficers of the school district providing such education shall have\\njurisdiction over all Indian children on the reservation. Such\\nattendance officers shall not, however, be entitled to receive from the\\ncommissioner of education the payment for services provided in section\\nforty-one hundred fourteen of this chapter.\\n 3. The commissioner of education may appoint and remove at pleasure\\nsuch attendance officers as he shall deem necessary, who shall have\\njurisdiction over all children other than Indian children on the\\nreservation for which they shall be appointed. Such attendance officers\\nshall receive such sum per day or part thereof as shall be fixed by the\\ncommissioner of education for each day or part thereof necessarily\\nemployed as such attendance officers. Compensation of attendance\\nofficers herein provided for shall be audited by the commissioner of\\neducation and paid in the same manner as other expenses incurred\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4111", "title" : "Arrest of truants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-06" ], "docLevelId" : "4111", "activeDate" : "2014-09-22", "sequenceNo" : 1268, "repealedDate" : null, "fromSection" : "4111", "toSection" : "4111", "text" : " § 4111. Arrest of truants. Any attendance officer may arrest without\\nwarrant anywhere within the state any Indian child between six and\\nsixteen years of age, found away from his home and who is then a truant\\nfrom instruction upon which he is lawfully required to attend within the\\ndistricts of which such attendance officer has jurisdiction. He shall\\nforthwith deliver a child so arrested either to the person in parental\\nrelation to the child, or to the teacher of the school from which said\\nchild is then a truant, or in case of habitual or incorrigible truants,\\nshall bring them before a magistrate for commitment to a school for\\ndelinquents, as provided in section forty-one hundred twelve.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4112", "title" : "Commissioner of education to contract for keeping of truants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4112", "activeDate" : "2014-09-22", "sequenceNo" : 1269, "repealedDate" : null, "fromSection" : "4112", "toSection" : "4112", "text" : " § 4112. Commissioner of education to contract for keeping of truants.\\nThe commissioner of education may contract with any city or district\\nhaving a school for delinquents, for the confinement, maintenance and\\ninstruction therein of any child who shall be committed to such school\\nas a truant by any magistrate before whom such child shall have been\\nexamined upon the charge of truancy. The costs and expenses attending\\nthe support and maintenance of any truant, as herein provided, shall be\\naudited by the commissioner of education and paid in the same manner as\\nthe expenses of supporting and maintaining the schools on a reservation\\nare paid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4113", "title" : "Census", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4113", "activeDate" : "2014-09-22", "sequenceNo" : 1270, "repealedDate" : null, "fromSection" : "4113", "toSection" : "4113", "text" : " § 4113. Census. The commissioner of education shall cause to be taken\\na complete annual census of the Indian children between birth and\\neighteen years of age on any reservation; such census shall be taken\\nbetween the first day of May and the last day of August and shall\\ninclude all such facts and information as are required by section\\nthirty-two hundred forty-one of this chapter. A report of such census\\nshall be prepared in duplicate and a copy filed with the commissioner on\\nor before the fifteenth day of October.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4114", "title" : "Payment of services herein required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4114", "activeDate" : "2014-09-22", "sequenceNo" : 1271, "repealedDate" : null, "fromSection" : "4114", "toSection" : "4114", "text" : " § 4114. Payment of services herein required. Each of the attendance\\nofficers herein provided for shall receive such sum per day as shall be\\nfixed by the commissioner of education for each day necessarily employed\\nin enforcing this article; and each person employed in taking and\\ntabulating the census of the residents of said reservations, shall be\\nentitled to receive such compensation as the commissioner of education\\nshall allow. The compensation of attendance officers and the expense in\\ntaking the enumeration herein provided for shall be audited by the\\ncommissioner of education and paid in the same manner as other accounts\\nfor the support and maintenance of the schools on said reservations are\\npaid.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4115", "title" : "Apportionment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4115", "activeDate" : "2014-09-22", "sequenceNo" : 1272, "repealedDate" : null, "fromSection" : "4115", "toSection" : "4115", "text" : " § 4115. Apportionment. 1. If the education of Indian children of a\\nreservation is being provided pursuant to the provisions of subdivision\\ntwo of section forty-one hundred one of this article, such Indian\\nchildren in attendance on the date construction is commenced shall be\\nincluded in the computation of a building quota pursuant to subdivision\\nsix-a of section thirty-six hundred two of this chapter for the school\\ndistrict providing such education. In the event that a district which\\nhas furnished instruction to Indian children shall cease to furnish such\\ninstruction, any building quota paid such district pursuant to the\\nprovisions of such subdivision six-a shall be recomputed to remove the\\nIndian children from the computation of such building quota for such\\ndistrict.\\n 2. a. Except as otherwise provided in this subdivision, if the\\neducation of Indian children of a reservation shall be provided pursuant\\nto the provisions of subdivision two of section forty-one hundred one of\\nthis article, such Indian children shall be included in the pupils\\ndeemed in weighted averaged daily attendance, average daily membership,\\ntotal aidable pupil units, total aidable foundation pupil units and\\ntotal wealth pupil units for the school district providing such\\neducation and such Indian children shall be deemed to be resident pupils\\nof the district for the purpose of the computation of the apportionment\\nof public moneys to the school district providing such education.\\n b. During the first school year, beginning on or after July first,\\nnineteen hundred fifty-six, in which Indian children are educated in the\\nschools of a school district pursuant to the provisions of subdivision\\ntwo of section forty-one hundred one of this article, there shall be\\napportioned and paid to each such school district the sum of:\\n (1) Three hundred thirty dollars for each Indian pupil in grades one\\nthrough six in average daily attendance during the month of October,\\nincluding kindergarten Indian children who attend for a full day. Where\\nkindergarten Indian children attend but one-half day the district shall\\nbe entitled to one hundred sixty-five dollars for each such pupil.\\n (2) Four hundred twelve dollars and fifty cents for each Indian pupil\\nin grades seven to twelve inclusive in average daily attendance during\\nthe month of October.\\n c. The provisions of paragraph b of this subdivision shall not apply\\nin respect to an Indian child who was not educated in an Indian school\\nmaintained by the state of New York during a part of the school year\\nimmediately preceding the school year in which such payment is made, but\\nshall apply to an Indian child who would have been educated in an Indian\\nschool maintained by the state of New York during a part of the school\\nyear in which such payment is made if the education of such Indian child\\nhad not been provided for pursuant to the provisions of subdivision two\\nof section forty-one hundred one of this article.\\n d. In the event that a school district ceases to educate Indian\\nchildren pursuant to the provisions of subdivision two of section\\nforty-one hundred one of this article, any state aid received by such\\nschool district during the ensuing school year by reason of the\\nattendance of Indian children during the last school year instruction\\nwas furnished such Indian children shall be reduced by the amount of any\\npayment made such district during the first year Indian children were\\neducated in the schools of such district pursuant to the provisions of\\nsubdivision two of section forty-one hundred one of this article by\\nreason of the attendance of such Indian children.\\n 3. All children at the Thomas Indian school, and all Indian children\\nresiding on any of the reservations of the state who are qualified to\\nenter a secondary school and whose parents are unable to provide such\\neducation are eligible to appointment by the commissioner of education\\nas state pupils and as such to receive transportation to and from a high\\nschool or vocational school on each day of attendance. Whenever such\\nhigh school or vocational school shall be in a city or district other\\nthan one in which such pupils may have the legal right to attend without\\ncharge, and where a charge is imposed on non-resident pupils, the state\\nshall also pay the required non-resident fee for tuition. The required\\nnon-resident fee for tuition shall not exceed the total cost to the\\nschool district of the education of such Indian children, less any\\npublic moneys received by the school district by reason of the\\nattendance of such Indian children in regular day school, except any\\npublic moneys received by the district as a building quota pursuant to\\nthe provisions of subdivision six-a of section thirty-six hundred two of\\nthis chapter. The commissioner of taxation and finance shall pay on the\\nwarrant of the comptroller bills approved by the commissioner of\\neducation from the appropriation for general support for the public\\nschools, out of such sum as may be appropriated for such support and\\neducation of Indian youth for the amounts necessary for the purposes set\\nforth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4116", "title" : "Co-operation of Indians shall be sought", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4116", "activeDate" : "2014-09-22", "sequenceNo" : 1273, "repealedDate" : null, "fromSection" : "4116", "toSection" : "4116", "text" : " § 4116. Co-operation of Indians shall be sought. In the discharge of\\nthe duties imposed by this article, the said commissioner shall endeavor\\nto secure the co-operation of all the several bands of Indians, and for\\nthis purpose, shall visit, by himself or his authorized representative,\\nall the reservations where they reside, lay the matter before them in\\npublic assembly, inviting them to assist either by appropriating their\\npublic moneys to this object, or by setting apart lands and erecting\\nsuitable buildings, or by furnishing labor or materials for such\\nbuildings, or in any other way which he or they may suggest as most\\neffectual for the promotion of this object.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4117", "title" : "Payment of cost of education of physically handicapped Indian children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4117", "activeDate" : "2014-09-22", "sequenceNo" : 1274, "repealedDate" : null, "fromSection" : "4117", "toSection" : "4117", "text" : " § 4117. Payment of cost of education of physically handicapped Indian\\nchildren. Any claims for providing home-teaching, transportation,\\nscholarships in non-residence schools, tuition and maintenance for\\nphysically handicapped children which are, ultimately or in the first\\ninstance, made a charge against a county or a city having a special\\nchildren's court act, pursuant to the provisions of article eighty-nine\\nof this chapter, shall, if such home-teaching, transportation,\\nscholarships, tuition and maintenance shall be provided for physically\\nhandicapped Indian children, be paid by the education department out of\\nmoneys appropriated therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4118", "title" : "Attendance at post-secondary institutions by Native American students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4118", "activeDate" : "2014-09-22", "sequenceNo" : 1275, "repealedDate" : null, "fromSection" : "4118", "toSection" : "4118", "text" : " § 4118. Attendance at post-secondary institutions by Native American\\nstudents. 1. The education department shall select students for\\nattendance at post-secondary institutions from the several Indian tribes\\nlocated within this state. In making such selection, due regard shall be\\nhad to a just participation in the privileges of this section by each of\\nsuch several tribes. If practicable, reference shall also be had to the\\npopulation of each of such tribes in determining such selection.\\nEligibility for selection shall not be limited to Native Americans\\nresiding on reservations.\\n 2. No such student may attend a post-secondary institution outside\\nthis state, nor one that has not been approved by the New York state\\nboard of regents, nor may he be supported or educated at such\\ninstitutions for a period exceeding four years unless he is enrolled in\\na program normally requiring five years of training.\\n 3. Such sum as may be appropriated for the support and education of\\nNative American students in such institutions shall be paid from the\\ntreasury, upon the audit and warrant of the comptroller, on vouchers\\napproved by the education department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4119", "title" : "School district may contract to educate Indian children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-21", "2017-08-18" ], "docLevelId" : "4119", "activeDate" : "2014-09-22", "sequenceNo" : 1276, "repealedDate" : null, "fromSection" : "4119", "toSection" : "4119", "text" : " § 4119. School district may contract to educate Indian children.\\nNotwithstanding any other provision of law, the trustee, trustees or\\nboard of education of any school district shall have power to contract\\nwith the commissioner of education for the instruction of Indian\\nchildren. Notwithstanding any other provision of law, the trustee,\\ntrustees or board of education of any school district shall have\\nauthority to lease a site or school building owned by the state of New\\nYork whether located on or off an Indian reservation and such trustee,\\ntrustees or board of education shall have authority to maintain school\\nin such building notwithstanding the fact that such building may not be\\nlocated within the district boundary lines of such school district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 19 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A85", "title" : "Instruction of the Deaf and of the Blind", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "85", "activeDate" : "2014-09-22", "sequenceNo" : 1277, "repealedDate" : null, "fromSection" : "4201", "toSection" : "4213", "text" : " ARTICLE 85\\n INSTRUCTION OF THE DEAF AND OF THE BLIND\\nSection 4201. Duties of commissioner of education.\\n 4202. Regulations for admission.\\n 4203. Persons eligible for appointment as pupils to\\n institutions for instruction of the deaf.\\n 4204. Support and term of instruction of deaf state pupils.\\n 4204-a. Deaf-infant program.\\n 4204-b. School district contribution and state reimbursement.\\n 4205. Clothing for deaf state pupils.\\n 4206. Persons eligible for appointment as pupils to\\n institutions for instruction of the blind.\\n 4207. Support and term of instruction of blind state pupils.\\n 4208. Clothing for blind state pupils.\\n 4209. Blind and deaf children and blind and cerebral palsied\\n children.\\n 4210. Aid for blind or deaf students.\\n 4211. Tuition.\\n 4212. Protection of pupils.\\n 4213. Other persons eligible for appointment.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4201", "title" : "Duties of commissioner of education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-08-18" ], "docLevelId" : "4201", "activeDate" : "2014-09-22", "sequenceNo" : 1278, "repealedDate" : null, "fromSection" : "4201", "toSection" : "4201", "text" : " § 4201. Duties of commissioner of education. 1. The following\\ninstitutions for the instruction of the deaf and of the blind shall be\\nsubject to the visitation of the commissioner of education:\\n a. The New York school for the deaf;\\n b. The Lexington school for the deaf;\\n c. St. Mary's school for the deaf in the city of Buffalo;\\n e. St. Joseph's school for the deaf in the city of New York;\\n f. Rochester school for the deaf in the city of Rochester;\\n h. The New York Institute for Special Education in the city of New\\nYork;\\n i. Lavelle School for the Blind in the city of New York;\\n j. Mill Neck Manor school for the deaf in Nassau county;\\n k. St. Francis DeSales school for the deaf and hard of hearing in the\\ncounty of Kings.\\n l. Cleary Deaf Child Center, Inc., in the counties of Suffolk and\\nNassau.\\n 2. It shall be the duty of the commissioner:\\n a. To inquire into the organization of the several schools and the\\nmethods of instruction employed therein.\\n b. To prescribe courses of study and methods of instruction that will\\nmeet the requirements of the state for the education of state pupils.\\n c. To make appointments of pupils to the several schools, to transfer\\nsuch pupils from one school to another as circumstances may require; to\\ncancel appointments for sufficient reason.\\n d. To ascertain by a comparison with other similar institutions\\nwhether any improvements in instruction and discipline can be made; and\\nfor that purpose to appoint from time to time, suitable persons to visit\\nthe schools.\\n e. To suggest to the directors of such institutions and to the\\nlegislature such improvements as he shall judge expedient.\\n f. To make an annual report to the legislature on all of the matters\\nenumerated in this subdivision and particularly as to the condition of\\nthe schools, the improvement of the pupils, and their treatment in\\nrespect to board and lodging.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4202", "title" : "Regulations for admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4202", "activeDate" : "2014-09-22", "sequenceNo" : 1279, "repealedDate" : null, "fromSection" : "4202", "toSection" : "4202", "text" : " * § 4202. Regulations for admission. The commissioner may make such\\nregulations and give such directions to parents and persons in parental\\nrelation, in relation to the admission of students into any institution\\nspecified in this article, as will prevent students entering the same at\\nirregular periods. Such regulations shall include, but not be limited\\nto, procedures to assure that the due process rights of students and\\ntheir parents or persons in parental relation are protected in\\naccordance with sections forty-four hundred two, forty-four hundred four\\nand forty-four hundred four-a of this title and applicable federal law\\nand regulations.\\n * NB Effective until June 30, 2015\\n * § 4202. Regulations for admission. The commissioner of education may\\nmake such regulations and give such directions to parents and guardians,\\nin relation to the admission of pupils into any institution specified in\\nthis article, as will prevent pupils entering the same at irregular\\nperiods.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4203", "title" : "Persons eligible for appointment as pupils to institutions for instruction of the deaf", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4203", "activeDate" : "2014-09-22", "sequenceNo" : 1280, "repealedDate" : null, "fromSection" : "4203", "toSection" : "4203", "text" : " § 4203. Persons eligible for appointment as pupils to institutions for\\ninstruction of the deaf. All deaf children resident in this state, of\\nthe age of three years and upwards and of suitable capacity, and who\\nshall have been resident in this state for one year immediately\\npreceding the application, or, if an orphan, whose nearest friend shall\\nhave been resident in this state for one year immediately preceding the\\napplication, shall be eligible to appointment as state pupils in one of\\nthe institutions for the instruction of the deaf of this state,\\nauthorized by law to receive such pupils; provided, however, the\\nforegoing requirement as to length of residence in this state may be\\nwaived in the discretion of the commissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4204", "title" : "Support and term of instruction of deaf state pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4204", "activeDate" : "2014-09-22", "sequenceNo" : 1281, "repealedDate" : null, "fromSection" : "4204", "toSection" : "4204", "text" : " § 4204. Support and term of instruction of deaf state pupils. 1. Each\\ndeaf pupil so received into any of the institutions aforesaid shall be\\nprovided with board, lodging and tuition; and the directors of the\\ninstitution shall receive an appropriation for each pupil so provided\\nfor, in quarterly payments, to be paid by the commissioner of taxation\\nand finance, on the warrant of the comptroller, to the treasurer of said\\ninstitution; provided, however, that an estimated one-half of each such\\nquarterly payment shall be due on the first day of each quarter, the\\nestimate to be based on the affidavit of the chief executive officer of\\nthe institution stating the number of pupils for whom board, lodging and\\ntuition was so provided by the institution during the preceding quarter\\nand during the comparable quarter of the preceding year, and the\\nremaining part of each such quarterly payment shall be due thereafter on\\nthe first day of the quarter next ensuing, upon the presentation by the\\ntreasurer of the institution of a bill showing the actual time and\\nnumber of pupils attending the institution, which bill shall be signed\\nby the chief executive officer of the institution, and verified by his\\noath. The provisions of this subdivision shall apply to board, lodging\\nand tuition for the two thousand ten--two thousand eleven and prior\\nschool years.\\n 2. For expenses incurred in the two thousand eleven--two thousand\\ntwelve school year and thereafter, each deaf pupil so received into any\\nof the institutions subject to this article shall be provided with\\nboard, lodging and tuition, and such institutions shall be reimbursed\\nfor such expenses in accordance with this subdivision.\\n a. For the two thousand eleven--twelve and two thousand\\ntwelve--thirteen school years, costs of tuition as defined in section\\nforty-two hundred eleven of this article, shall be a charge upon the\\nschool district of which any such child is resident at the time of\\nadmission or readmission to any of the institutions subject to this\\narticle and the directors of the institution shall bill such school\\ndistrict for such tuition costs on a quarterly basis. The first such\\nquarterly payment may be based on projected enrollment, provided that\\nsubsequent payments shall be adjusted to reflect actual enrollment. The\\namount of tuition paid by such school district shall be eligible for\\nreimbursement by the state to the extent provided in section forty-two\\nhundred four-b of this article.\\n b. For the two thousand thirteen--two thousand fourteen school year\\nand thereafter, the costs of tuition as defined in section forty-two\\nhundred eleven of this article, shall be a charge upon the current\\nschool district of residence of any such child subject to this article\\nand the directors of the institution shall bill such school district for\\nsuch tuition costs on a quarterly basis. The first such quarterly\\npayment may be based on projected enrollment, provided that subsequent\\npayments shall be adjusted to reflect actual enrollment. The amount of\\ntuition paid by such school district shall be eligible for reimbursement\\nby the state to the extent provided in section forty-two hundred four-b\\nof this article.\\n c. The costs of board and lodging shall be a charge upon the state and\\nthe directors of the institution shall receive an appropriation for each\\npupil so provided for, in quarterly payments, to be paid by the\\ncommissioner of taxation and finance, on the warrant of the comptroller,\\nto the treasurer of said institution; provided, however, that an\\nestimated one-half of each such quarterly payment shall be due on the\\nfirst day of each quarter, the estimate to be based on the affidavit of\\nthe chief executive officer of the institution stating the number of\\npupils for whom board and lodging was so provided by the institution\\nduring the preceding quarter and during the comparable quarter of the\\npreceding year, and the remaining part of each such quarterly payment\\nshall be due thereafter during the first day of each quarter next\\nensuing, upon the presentation by the treasurer of the institution of a\\nbill showing the actual time and number of pupils attending the\\ninstitution who received board and lodging, which bill shall be signed\\nby the chief executive officer of the institution, and verified by his\\noath.\\n 3. The regular term of instruction of any such deaf pupil shall be\\ntwelve years, or until the pupil shall have attained the age of eighteen\\nyears before the expiration of twelve years from the beginning of such\\nterm. The commissioner may, in his discretion, extend the term of any\\npupil until his twenty-first birthday for the purpose of pursuing or\\ncompleting academic or vocational courses of study. Such pupils must be\\nrecommended by the trustees of the institution in which they are in\\nattendance before such extension of time is granted.\\n 4. Children placed in any such institution for the instruction of the\\ndeaf, pursuant to section forty-two hundred three of this article, shall\\nbe maintained therein for the period of time the school is in session.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4204-A", "title" : "Deaf-infant program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4204-A", "activeDate" : "2014-09-22", "sequenceNo" : 1282, "repealedDate" : null, "fromSection" : "4204-A", "toSection" : "4204-A", "text" : " § 4204-a. Deaf-infant program. (1) All deaf children resident in this\\nstate, below the age of three, of suitable age and capacity, who shall\\nhave been resident in this state for one year immediately preceding the\\napplication, or is an orphan whose nearest friend shall have been\\nresident in this state for one year immediately preceding the\\napplication, shall be eligible to receive approved educational services\\nin one of the institutions for instruction for the deaf of the state as\\nenumerated in section forty-two hundred one of this article, as well as\\nin such educational programs or other like facilities which shall, in\\nthe discretion of the commissioner, be certified as eligible to receive\\nsuch pupils on a day basis only; provided, however, the foregoing\\nrequirement as to length of residence in this state may be waived in the\\ndiscretion of the commissioner. Such children who are first eligible for\\nservices pursuant to section forty-four hundred ten of this title whose\\nparents or persons in parental relationship elect to have them continue\\nto receive services pursuant to this section may do so through August\\nthirty-first of the calendar year in which such child turns three.\\n (2) Each deaf pupil so received into any of the approved institutions\\nor facilities aforesaid shall be provided with tuition; and the\\ndirectors of the institution or facility shall receive an appropriation\\nfor each pupil so provided for, in quarterly payments, to be paid by the\\ncommissioner of taxation and finance on the warrant of the comptroller,\\nto the treasurer of said institution or facility, on his presenting a\\nbill showing the actual time and number of pupils in attendance, which\\nbill shall be signed by the chief executive officer of the institution,\\nand verified under his oath.\\n (3) Children placed in any such approved institution or facility,\\npursuant to this section, shall be maintained therein on a day basis\\nonly at the expense of the state for the period of time the school is in\\nsession. Further, the commissioner shall approve such expense only if\\nthe child attends the facility nearest his legal residence; provided,\\nhowever, that the foregoing requirement as to the facility the child\\nshall attend may be waived in the discretion of the commissioner.\\n (4) The commissioner shall promulgate such rules and regulations\\npertaining to the educational programs for deaf children placed in\\nfacilities under the provisions of this section as he shall deem to be\\nin the best interests of such children.\\n (5) The department shall maintain a register of such approved\\ninstitutions or facilities which, after inspection, it deems qualified\\nto meet the needs of such child for instruction of such child in such\\ninstitution or facility. Such inspection shall also determine the\\neligibility of such educational facility to receive the funds\\nhereinbefore specified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4204-B", "title" : "School district contribution and state reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24" ], "docLevelId" : "4204-B", "activeDate" : "2014-09-22", "sequenceNo" : 1283, "repealedDate" : null, "fromSection" : "4204-B", "toSection" : "4204-B", "text" : " § 4204-b. School district contribution and state reimbursement. 1. For\\nthe two thousand twelve--two thousand thirteen and prior school years,\\nthe school district of which any such child is resident at the time of\\nadmission or readmission to any of the institutions or facilities\\nsubject to this article shall be required to reimburse the state on\\naccount of any expenditure made by the state for any such child\\ninitially appointed by the commissioner to such institution or facility\\nafter June thirtieth, nineteen hundred seventy-seven in an amount equal\\nto the school district basic contribution defined in subdivision eight\\nof section forty-four hundred one of this title, except that for the two\\nthousand eleven--two thousand twelve and two thousand twelve--two\\nthousand thirteen school years, such school district shall be\\nresponsible for reimbursing the state in an amount equal to the positive\\ndifference of the school district basic contribution minus the tuition\\npaid by such school district pursuant to section forty-two hundred four\\nor forty-two hundred seven of this article.\\n 2. For the two thousand thirteen--two thousand fourteen school year\\nand thereafter, the child's current school district of residence shall\\nbe required to reimburse the state on account of any expenditure made by\\nthe state for any such child in an amount equal to the positive\\ndifference of the school district basic contribution minus the tuition\\npaid by such school district pursuant to section forty-two hundred four\\nor forty-two hundred seven of this article.\\n 3. The state comptroller may deduct from any state funds which become\\ndue to a school district for each year in which such child was in\\nattendance at such institution or facility an amount equal to the\\nreimbursement required to be made by such school district in accordance\\nwith this section, and the amount so deducted shall not be included in\\nthe operating expense of such district for the purposes of computing the\\napportionment for operating expense aid pursuant to subdivision eleven\\nof section thirty-six hundred two of this chapter.\\n 4. The state shall reimburse the school district of which any such\\nchild is resident at the time of admission or readmission to any of the\\ninstitutions subject to this article for tuition paid to the institution\\nin an amount equal to the positive difference between the amount of such\\ntuition and the school district basic contribution. Such state\\nreimbursement to the school district shall not be paid prior to April\\nfirst of the school year in which such tuition costs are paid by the\\nschool district. The tuition incurred through December thirty-first of\\nsuch school year shall be payable prior to June thirtieth of such school\\nyear, provided that a claim is submitted on or before June first.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4205", "title" : "Clothing for deaf state pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4205", "activeDate" : "2014-09-22", "sequenceNo" : 1284, "repealedDate" : null, "fromSection" : "4205", "toSection" : "4205", "text" : " § 4205. Clothing for deaf state pupils. Whenever the parents or\\nguardians are unable to furnish clothing to state pupils, the\\ncommissioner of education is hereby required to apportion annually to\\neach institution caring for deaf children legally appointed thereto the\\nsum of one hundred twenty dollars per pupil or so much thereof as may be\\nnecessary to be applied to the cost of clothing for each of said pupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4206", "title" : "Persons eligible for appointment as pupils to institutions for instruction of the blind", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4206", "activeDate" : "2014-09-22", "sequenceNo" : 1285, "repealedDate" : null, "fromSection" : "4206", "toSection" : "4206", "text" : " § 4206. Persons eligible for appointment as pupils to institutions for\\ninstruction of the blind. 1. All blind persons of suitable age and\\ncapacity and who shall have been residents in this state for one year\\nimmediately preceding the application or, if a minor, whose parent or\\nparents, or, if an orphan, whose nearest friend, shall have been a\\nresident in this state for one year immediately preceding the\\napplication, shall be eligible for appointment as state pupils to the\\nNew York Institute for Special Education in the city of New York or the\\nLavelle School for the Blind in the city of New York.\\n 2. Blind babies and children of the age of fifteen years and under and\\npossessing the other qualifications prescribed in this article and\\nrequiring kindergarten training or other special care and instruction,\\nshall be eligible for appointment as state pupils by the commissioner of\\neducation at his discretion in any incorporated institution furnishing\\napproved care, training and instruction for blind babies and children,\\nand any such child may be transferred to the New York Institute for\\nSpecial Education in the city of New York or the Lavelle School for the\\nBlind in the city of New York, to which he or she would otherwise be\\neligible for appointment, upon arriving at suitable age, in the\\ndiscretion of the commissioner of education.\\n 3. All such appointments shall be made by the commissioner of\\neducation. The requirement of this section as to length of residence in\\nthis state may be waived in the discretion of the commissioner of\\neducation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4207", "title" : "Support and term of instruction of blind state pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4207", "activeDate" : "2014-09-22", "sequenceNo" : 1286, "repealedDate" : null, "fromSection" : "4207", "toSection" : "4207", "text" : " § 4207. Support and term of instruction of blind state pupils. 1. Each\\nblind pupil so received into any of the institutions specified in this\\narticle shall be provided with board, lodging and tuition; and the\\ndirectors of the institution shall receive an appropriation for each\\npupil so provided for, in quarterly payments, to be paid by the\\ncommissioner of taxation and finance, on the warrant of the comptroller,\\nto the treasurer of said institution; provided, however, that an\\nestimated one-half of each such quarterly payment shall be due on the\\nfirst day of each quarter, the estimate to be based on the affidavit of\\nthe chief executive officer of the institution stating the number of\\npupils for whom board, lodging and tuition was so provided by the\\ninstitution during the preceding quarter and during the comparable\\nquarter of the preceding year, and the remaining part of each such\\nquarterly payment shall be due thereafter on the first day of the\\nquarter next ensuing, upon the presentation by the treasurer of the\\ninstitution of a bill showing the actual time and number of pupils\\nattending the institution, which bill shall be signed by the chief\\nexecutive officer of the institution, and verified by his oath. The\\nprovisions of this subdivision shall apply to board, lodging and tuition\\nfor the two thousand ten--two thousand eleven and prior school years.\\n 2. For expenses incurred in the two thousand eleven--two thousand\\ntwelve school year and thereafter, each blind pupil so received into any\\nof the institutions subject to this article shall be provided with\\nboard, lodging and tuition, and such institutions shall be reimbursed\\nfor such expenses in accordance with this subdivision.\\n a. For the two thousand eleven--two thousand twelve and two thousand\\ntwelve--two thousand thirteen school years, costs of tuition, as defined\\nin section forty-two hundred eleven of this article, shall be a charge\\nupon the school district of which any such child is resident at the time\\nof admission or readmission to any of the institutions subject to this\\narticle and the directors of the institution shall bill such school\\ndistrict for such tuition costs on a quarterly basis. The first such\\nquarterly payment may be based on projected enrollment, provided that\\nsubsequent payments shall be adjusted to reflect actual enrollment. The\\namount of tuition paid by such school district shall be eligible for\\nreimbursement by the state to the extent provided in section forty-two\\nhundred four-b of this article.\\n b. For the two thousand thirteen--two thousand fourteen school year\\nand thereafter, the costs of tuition as defined in section forty-two\\nhundred eleven of this article, shall be a charge upon the current\\nschool district of residence of any such child subject to this article\\nand the directors of the institution shall bill such school district for\\nsuch tuition costs on a quarterly basis. The first such quarterly\\npayment may be based on projected enrollment, provided that subsequent\\npayments shall be adjusted to reflect actual enrollment. The amount of\\ntuition paid by such school district shall be eligible for reimbursement\\nby the state to the extent provided in section forty-two hundred four-b\\nof this article.\\n c. The costs of board and lodging shall be a charge upon the state and\\nthe directors of the institution shall receive an appropriation for each\\npupil so provided for, in quarterly payments, to be paid by the\\ncommissioner of taxation and finance, on the warrant of the comptroller,\\nto the treasurer of said institution; provided, however, that an\\nestimated one-half of each such quarterly payment shall be due on the\\nfirst day of each quarter, the estimate to be based on the affidavit of\\nthe chief executive officer of the institution stating the number of\\npupils for whom board and lodging was so provided by the institution\\nduring the preceding quarter and during the comparable quarter of the\\npreceding year, and the remaining part of each such quarterly payment\\nshall be due thereafter on the first day of the quarter next ensuing,\\nupon the presentation by the treasurer of the institution of a bill\\nshowing the actual time and number of pupils attending the institution\\nwho received board and lodging, which bill shall be signed by the chief\\nexecutive officer of the institution, and verified by his oath.\\n 3. The regular term of instruction of any such blind pupil in the New\\nYork Institute for Special Education shall be eight years. The\\ncommissioner may in his discretion extend the term of any pupil for a\\nperiod not exceeding three years. It shall also be lawful for the\\ncommissioner to continue such pupils as state pupils for an additional\\nperiod of three years for the purpose of pursuing or completing a course\\nof high school study; such pupils must be recommended by the trustees of\\nthe New York Institute for Special Education before such extension is\\ngranted.\\n 4. The term of appointment for blind babies and children of the age of\\nfifteen years and under received into any institution in accordance with\\nthis article shall be at the discretion of the commissioner.\\n 5. Children placed in any such institutions for the blind pursuant to\\nsection forty-two hundred six shall be maintained therein for the period\\nof time the school is in session.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4208", "title" : "Clothing for blind state pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4208", "activeDate" : "2014-09-22", "sequenceNo" : 1287, "repealedDate" : null, "fromSection" : "4208", "toSection" : "4208", "text" : " § 4208. Clothing for blind state pupils. Whenever the parents or\\nguardians are unable to furnish clothing to state pupils, the\\ncommissioner of education is hereby required to apportion annually to\\neach institution caring for blind children legally appointed thereto the\\nsum of one hundred twenty dollars per pupil or so much thereof as may be\\nnecessary to be applied to the cost of clothing for each of said pupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4209", "title" : "Blind and deaf children and blind and cerebral palsied children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4209", "activeDate" : "2014-09-22", "sequenceNo" : 1288, "repealedDate" : null, "fromSection" : "4209", "toSection" : "4209", "text" : " § 4209. Blind and deaf children and blind and cerebral palsied\\nchildren. 1. All children who are both blind and deaf or both blind and\\ncerebral palsied shall be admitted as state pupils into one of the\\ninstitutions described in this article for the instruction of the deaf\\nor blind and under the same conditions of eligibility as are provided\\nfor the admission of deaf or blind state pupils.\\n 2. In the discretion of the commissioner of education a sum not to\\nexceed a sum equal to double the average annual per capita cost for\\npupils attending all of the schools which are subject to the provisions\\nof section forty-two hundred one of this article shall be available in\\nthe manner provided in section forty-two hundred ten of this article to\\naid a blind and deaf pupil in receiving instruction in an institution\\nfor the instruction of the deaf or blind located outside the state in\\norder to continue the education of such blind and deaf pupil for the\\nterm of instruction provided in section forty-two hundred seven of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4210", "title" : "Aid for blind or deaf students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2018-02-23" ], "docLevelId" : "4210", "activeDate" : "2014-09-22", "sequenceNo" : 1289, "repealedDate" : null, "fromSection" : "4210", "toSection" : "4210", "text" : " § 4210. Aid for blind or deaf students. 1. a. Whenever a blind or deaf\\nperson, who is a citizen of this state and a student in actual\\nattendance at a college, university, technical or professional school,\\nincluding agriculture and technical institutes and state institutes of\\napplied arts and sciences, located in this state and authorized by law\\nto grant degrees, other than an institution established for the regular\\ninstruction of the blind or deaf, shall be designated by the trustees\\nthereof as a fit person to receive the aid hereinafter provided for,\\nthere shall be paid by the state for the use of such student a sum not\\nto exceed one thousand dollars per annum, within the limits of the\\nappropriation therefor, with which to employ persons to read to such\\nblind student from text-books and pamphlets used by such student in his\\nor her studies at such college, university or school, or to aid a deaf\\nstudent in receiving instruction in such studies. In case such a\\ncollege, university, technical or professional school as will meet the\\nneeds or requirements of such a student is not located within this\\nstate, such a sum shall be paid by this state for the use of such\\nstudent attending such a college, university, technical or professional\\nschool which shall conform to the requirements of this section in\\nanother state. Such a sum shall also be available to aid a deaf student\\nin receiving instruction in a regularly approved institution for the\\ndeaf located outside of the state but within one hundred fifty miles of\\nthe borders thereof.\\n b. The trustees of any institution meeting the requirements of this\\nsection shall submit reports in such form and at such times as\\nprescribed by the commissioner identifying the number of students\\neligible to receive aid pursuant to this subdivision and shall estimate\\nthe funds needed to support such students as provided herein. The\\ncommissioner shall advance twice during the school year to each such\\ninstitution such estimated amounts within the limits of the annual\\nappropriation provided therefore.\\n d. At the conclusion of the academic year for which such funds are\\nprovided, each institution receiving funds pursuant to this subdivision\\nshall submit to the commissioner a final accounting for the use of such\\nfunds and shall return any unspent funds.\\n 2. Such moneys shall be paid annually, after the beginning of the\\nschool year of such institution, by the commissioner of taxation and\\nfinance on the warrant of the comptroller, to the treasurer of such\\ninstitution, on his presenting an account showing the actual number of\\nblind or deaf students matriculated and attending the institution, which\\naccount shall be verified by the president of the institution and\\naccompanied by his certificate that the trustees have recommended the\\nstudents named in said account as hereinbefore provided.\\n 3. The trustees of any of the said institutions shall recommend no\\nblind or deaf person, who is not regularly matriculated, and who is not\\nin good and regular standing, and who is not working for a degree from\\nthe institution in which he or she is matriculated; and no blind or deaf\\nperson shall be recommended, who is not doing the work regularly\\nprescribed by the institution for the degree for which he or she is a\\ncandidate. The moneys so paid to any such institution shall be disbursed\\nfor the purposes aforesaid by and under the direction of its board of\\ntrustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4211", "title" : "Tuition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4211", "activeDate" : "2014-09-22", "sequenceNo" : 1290, "repealedDate" : null, "fromSection" : "4211", "toSection" : "4211", "text" : " § 4211. Tuition. The term \"tuition\" as used in this article and in\\nthe provisions of chapter ten hundred sixty of the laws of nineteen\\nhundred seventy-four shall mean the per pupil cost of all instructional\\nservices, supplies, equipment and the operation of instructional\\nfacilities as determined by the commissioner. Approved tuition shall be\\ncomputed from expenditures for which no revenue has been received from\\nthe following sources:\\n a. receipts from the federal government;\\n b. any cash receipts, except gifts, bequests, donations and earned\\ninterest dedicated by the directors of the institution in accordance\\nwith the regulations of the commissioner; and\\n c. any refund made or any apportionment or payment received from the\\nstate for experimental or special programs as approved by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4212", "title" : "Protection of pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4212", "activeDate" : "2014-09-22", "sequenceNo" : 1291, "repealedDate" : null, "fromSection" : "4212", "toSection" : "4212", "text" : " § 4212. Protection of pupils. The department shall:\\n (a) Promulgate regulations concerning standards for the protection of\\nchildren in residential care from reportable incidents in accordance\\nwith this section and article eleven of the social services law,\\nincluding procedures for:\\n (i) consistent with appropriate collective bargaining agreements and\\napplicable provisions of the civil service law, the review and\\nevaluation of the backgrounds of and the information supplied by any\\nperson applying to be an employee, a volunteer or consultant, which\\nshall include but not be limited to the following requirements: that the\\napplicant set forth his or her employment history, provide personal and\\nemployment references, and relevant experiential and educational\\ninformation, and sign a sworn statement indicating whether the\\napplicant, to the best of his or her knowledge, has ever been convicted\\nof a crime in this state or any other jurisdiction;\\n (ii) establishing, for employees, relevant minimal experiential and\\neducational qualifications, consistent with appropriate collective\\nbargaining agreements and applicable provisions of the civil service\\nlaw;\\n (iii) assuring adequate and appropriate supervision of employees,\\nvolunteers and consultants;\\n (iv) demonstrating by a residential facility or program that\\nappropriate action is taken to assure the safety of the child who is\\nalleged to have been subjected to a reportable incident in a report to\\nthe vulnerable persons' central register in accordance with section four\\nhundred ninety-two of the social services law as well as other children\\nin care, immediately upon notification that such a report of an\\nallegation of a reportable incident has been made with respect to a\\nchild in such residential facility or program;\\n (v) removing a child when it is determined that there is risk to such\\nchild if he or she continues to remain within a residential facility or\\nprogram; and\\n (vi) appropriate preventive and remedial action to be taken including\\nlegal actions, consistent with appropriate collective bargaining\\nagreements and applicable provisions of the civil service law.\\n (vii) consistent with applicable collective bargaining agreements,\\nassuring that an individual who has committed a category one offense, as\\ndefined in paragraph (a) of subdivision four of section four hundred\\nninety-three of the social services law, that is included on the\\nvulnerable persons' central register is not hired or otherwise used in\\nany position in which such individual would have regular and substantial\\ncontact with a service recipient in any program described in paragraph\\n(e) of subdivision four of section four hundred eighty-eight of the\\nsocial services law.\\n Such standards shall also establish as a priority requirements that:\\n (A) subject to the amounts appropriated therefor, administrators,\\nemployees, volunteers and consultants receive training in at least the\\nfollowing: child abuse prevention and identification, safety and\\nsecurity procedures, the principles of child development, the\\ncharacteristics of children in care and techniques of group and child\\nmanagement including crisis intervention, the laws, regulations and\\nprocedures governing the protection of children from reportable\\nincidents, and other appropriate topics, provided, however, that the\\ndepartment may exempt administrators and consultants from such\\nrequirements upon demonstration of substantially equivalent knowledge or\\nexperience; and\\n (B) subject to the amounts appropriated therefor, children receive\\ninstruction, consistent with their age, needs and circumstances as well\\nas the needs and circumstances within the program, in techniques and\\nprocedures which will enable such children to protect themselves from\\nreportable incidents.\\n The department shall take all reasonable and necessary actions to\\nassure that employees, volunteers and consultants in residential\\nfacilities and programs are kept apprised on a current basis of all\\ndepartment policies and procedures relating to the protection of\\nchildren from reportable incidents, and shall monitor and supervise the\\nprovision of training to such employees, volunteers and consultants.\\nRegulations and standards developed pursuant to this subdivision shall,\\nto the extent possible, be consistent with those promulgated by other\\nstate agencies for such purposes.\\n (b) Provide for the development and implementation of a plan of\\nprevention and remediation with respect to a substantiated report of\\nabuse or neglect. Such action shall include: (i) within ten days of\\nreceipt of such a substantiated report, development and implementation\\nof a plan of prevention and remediation to be taken with respect to a\\ncustodian or the residential facility in order to assure the continued\\nhealth and safety of children and to provide for the prevention of\\nfuture acts constituting reportable incidents; and (ii) development and\\nimplementation of a plan of prevention and remediation, in the event an\\ninvestigation of a report of an allegation of abuse or neglect\\ndetermines that a preponderance of the evidence of such allegation\\nexists and such substantiated allegation may be attributed in whole or\\nin part to noncompliance by the residential facility or program with\\nprovisions of this chapter or regulations of the department applicable\\nto the operation of a residential facility or program. Any plan of\\nprevention and remediation required to be developed by a facility\\nsupervised by the department shall be submitted to and approved by the\\ndepartment in accordance with time limits established by regulations of\\nthe department. Implementation of the plan shall be monitored by the\\ndepartment. In reviewing the continued qualifications of a residential\\nfacility or program for an operating certificate, the department shall\\nevaluate such facility's compliance with plans of prevention and\\nremediation developed and implemented pursuant to this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4213", "title" : "Other persons eligible for appointment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4213", "activeDate" : "2014-09-22", "sequenceNo" : 1292, "repealedDate" : null, "fromSection" : "4213", "toSection" : "4213", "text" : " § 4213. Other persons eligible for appointment. In accordance with\\nthe provisions of the charter of the New York Institute for Special\\nEducation, and amendments thereto, as issued by the board of regents,\\nchildren with handicapping conditions, other than handicapping\\nconditions which would establish eligibility for appointment to the\\nschools enumerated in this article, shall be eligible for appointment to\\nthe New York Institute for Special Education as state pupils. The\\nprovisions of this article shall apply but not necessarily be limited to\\nthe appointment, education, maintenance and support of such pupils. Such\\npupils eligible for appointment, pursuant to this section, shall be\\npersons over five and under twenty-one years of age who have not\\nreceived a high school diploma.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A87", "title" : "New York State School For the Blind", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "87", "activeDate" : "2014-09-22", "sequenceNo" : 1293, "repealedDate" : null, "fromSection" : "4301", "toSection" : "4318", "text" : " ARTICLE 87\\n NEW YORK STATE SCHOOL FOR THE BLIND\\nSection 4301. New York State School for the Blind.\\n 4302. Object of institution.\\n 4303. Appointment and terms of board of visitors.\\n 4304. Vacancies on board of visitors.\\n 4305. Members of board; compensation; disabilities.\\n 4306. Powers of board of visitors.\\n 4307. Superintendent, personnel of the faculty, and salaries.\\n 4308. Admission.\\n 4309. Applicants from without the state.\\n 4310. Applications for admission.\\n 4313. School district and social services district financial\\n responsibility.\\n 4314. Protection of pupils.\\n 4315. Drafts upon state treasury.\\n 4316. Construction, alteration, improvement and repair of\\n buildings of school.\\n 4317. Purchase of equipment.\\n 4318. Publications, bequests and donations.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4301", "title" : "New York State School for the Blind", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4301", "activeDate" : "2014-09-22", "sequenceNo" : 1294, "repealedDate" : null, "fromSection" : "4301", "toSection" : "4301", "text" : " § 4301. New York State School for the Blind. The New York State\\nInstitution for the Blind established by chapter five hundred\\neighty-seven of the laws of eighteen hundred sixty-five and the acts\\nsupplemental thereto and renamed the \"New York State School for the\\nBlind\" by chapter five hundred sixty-three of the laws of eighteen\\nhundred ninety-five, is continued under the jurisdiction and control of\\nthe education department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4302", "title" : "Object of institution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4302", "activeDate" : "2014-09-22", "sequenceNo" : 1295, "repealedDate" : null, "fromSection" : "4302", "toSection" : "4302", "text" : " § 4302. Object of institution. The primary object of the school shall\\nbe, to furnish to the blind children of the state the best known\\nfacilities for acquiring a thorough education, and to train them in some\\nuseful profession or manual art, by means of which they may be enabled\\nto contribute to their own support after leaving the school; but it may\\nlikewise, through its industrial department, provide such of them with\\nappropriate employment and boarding accommodations as find themselves\\nunable, after completing their course of instruction and training, to\\nprocure these elsewhere for themselves. It shall, however, be in no\\nsense an asylum for those who are helpless from age, infirmity or\\notherwise, or a hospital for the treatment of blindness.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4303", "title" : "Appointment and terms of board of visitors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4303", "activeDate" : "2014-09-22", "sequenceNo" : 1296, "repealedDate" : null, "fromSection" : "4303", "toSection" : "4303", "text" : " § 4303. Appointment and terms of board of visitors. The governor\\nshall appoint each year, by and with the consent of the senate, one\\nmember of the board of visitors who shall serve for a term of seven\\nyears. Two of the board must be residents of the county of Genesee and\\na majority must be residents within fifty miles of said school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4304", "title" : "Vacancies on board of visitors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4304", "activeDate" : "2014-09-22", "sequenceNo" : 1297, "repealedDate" : null, "fromSection" : "4304", "toSection" : "4304", "text" : " § 4304. Vacancies on board of visitors. In case of the declination of\\nany member of such board of visitors to act under his appointment, or of\\nthe occurrence of any other vacancy in the board not caused by\\nexpiration of term, the governor shall forthwith appoint some suitable\\nperson to fill such vacancy, and the member so appointed shall serve out\\nthe term of his predecessor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4305", "title" : "Members of board; compensation; disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4305", "activeDate" : "2014-09-22", "sequenceNo" : 1298, "repealedDate" : null, "fromSection" : "4305", "toSection" : "4305", "text" : " § 4305. Members of board; compensation; disabilities. The members of\\nthe board of visitors shall serve without pay, but they shall be paid\\ntheir actual expenses necessarily incurred in the discharge of their\\nofficial duties. No member of such board shall be pecuniarily\\ninterested in any contract for buildings pertaining to the school or in\\nfurnishing supplies therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4306", "title" : "Powers of board of visitors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4306", "activeDate" : "2014-09-22", "sequenceNo" : 1299, "repealedDate" : null, "fromSection" : "4306", "toSection" : "4306", "text" : " § 4306. Powers of board of visitors. The board of visitors shall\\nvisit and inspect such school, recommend the appointment and approve the\\nremoval of a superintendent of such school and have such other powers\\nand duties as may be required or authorized by the board of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4307", "title" : "Superintendent, personnel of the faculty, and salaries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4307", "activeDate" : "2014-09-22", "sequenceNo" : 1300, "repealedDate" : null, "fromSection" : "4307", "toSection" : "4307", "text" : " § 4307. Superintendent, personnel of the faculty, and salaries. 1.\\nThere shall continue to be a superintendent of such school, who shall be\\nthe chief executive officer of the school, under the jurisdiction and\\ncontrol of the education department. He shall be appointed by the board\\nof regents, upon the recommendation of the board of visitors submitted\\nto and approved by the commissioner of education. A superintendent may\\nbe removed by the board of regents, subject to the approval of the board\\nof visitors and the commissioner of education. Subject to the rules of\\nthe board of regents, such superintendent shall have the supervision and\\nmanagement of the school, appoint and remove all subordinate officers,\\nteachers and employees thereof, prescribe their duties, fix their\\ncompensation, except as provided for hereinafter, within the amount of\\nthe appropriations made therefor and have and perform all the powers and\\nduties prescribed by law for the superintendent of such school.\\n 2. The commissioner of education shall have power, in conformity with\\nregulations approved by the regents, to appoint all other needed\\nofficers and employees and determine their duties. The commissioner\\nshall by regulations approved as aforesaid, establish for positions in\\nthe unclassified service in such department as certified by him pursuant\\nto section thirty-five of the civil service law, suitable personnel\\nprocedures and conditions of employment including:\\n a. A classification plan which shall include titles, duties and\\nminimum qualifications.\\n b. A salary plan which shall include minimum and maximum salaries and\\nincrements and procedures for adjustment of salaries on appointment,\\npromotion and reassignment.\\n c. Regulations for appointments, promotions, probation, permanent\\ntenure, disciplinary action and attendance.\\n d. Such other rules and regulations as may be necessary for carrying\\nout the provisions of this section.\\n The regulations establishing such salary plan shall be subject to the\\napproval of the director of the budget.\\n 3. With the approval of the commissioner of education and the\\nsuperintendent an instructor may be granted a leave of absence for\\ntravel or for study, on part pay as determined by the regents, provided\\nsuch instructor agrees to remain in the service of the state not less\\nthan two years immediately following the expiration of such leave. The\\nbalance of the salaries appropriated for such instructors, or so much\\nthereof as may be necessary, may be applied by the commissioner of\\neducation during the period of such absence for the payment of the\\nsalaries of substitute instructors employed in such school to take the\\nplaces of the instructors to whom leaves of absence have been granted as\\nprovided herein.\\n 4. The commissioner of education shall, subject to the approval of the\\ndirector of the budget, determine the amount to be deducted from the\\nsalaries provided above for the maintenance of personnel at the school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4308", "title" : "Admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4308", "activeDate" : "2014-09-22", "sequenceNo" : 1301, "repealedDate" : null, "fromSection" : "4308", "toSection" : "4308", "text" : " § 4308. Admission. 1. All blind or blind and deaf or blind and\\ncerebral palsied children of suitable age and capacity for instruction,\\nwho are legal residents of the state, shall be eligible for appointment\\nto the New York State School for the Blind, without charge, and for such\\na period of time in each individual case as may be set by the\\ncommissioner, either: (i) upon the recommendation of the committee on\\nspecial education of the child's school district of residence; or (ii)\\nwhere the child is placed by a state agency in an intermediate care\\nfacility in such school pursuant to paragraph d of subdivision five of\\nsection thirty-two hundred two of this chapter, upon recommendation of\\nthe committee on special education of the school district in which the\\nintermediate care facility is located; or (iii) where the parents make\\napplication directly to the commissioner or the school, upon\\nrecommendation of the school's multidisciplinary team in accordance with\\nthe joint placement procedures established in subdivision two of this\\nsection.\\n 2. a. Upon receipt of an application for admission of a child who has\\nnot been recommended for placement by the committee on special education\\nof the child's school district of residence, the school shall\\nimmediately notify such school district of such application.\\nNotwithstanding any inconsistent provision of law, the school shall make\\navailable to such school district of residence, upon request, all\\nrecords in its possession relating the evaluation, placement and\\neducational performance of each child who has applied for admission or\\nis attending the school, including the results of any current\\nevaluations of such child.\\n b. Prior to any meeting of its multidisciplinary team to develop an\\nindividualized education program for a child, either upon initial\\nadmission to the school or in an annual review, the school shall notify\\nthe school district of residence of such meeting and shall offer the\\ndistrict the opportunity to identify and present to the\\nmultidisciplinary team, an alternative placement recommendation for\\nservices in the least restrictive environment. In addition, such notice\\nshall advise the school district of its right to appoint additional\\nmembers to the multidisciplinary team pursuant to paragraph c of this\\nsubdivision. The multidisciplinary team shall consider such alternative\\nand, if it rejects the alternative, shall include in its recommendation\\na statement of its reasons for doing so.\\n c. In addition to the members required for a committee on special\\neducation pursuant to subdivision one of section forty-four hundred two\\nof this chapter, the school's multidisciplinary team may include\\nadditional members appointed by the board of education of the school\\ndistrict of residence pursuant to this paragraph, and shall include such\\nmembers if appointed by such board of education. For each member\\nappointed by the school, the school district may appoint a corresponding\\nmember, including a representative of the committee on special education\\nwho is qualified to teach or supervise special education, a school\\npsychologist, the child's teacher, a parent member, a physician where\\nthe parent requests attendance of the physician member, and, for a child\\nwho has been evaluated for the first time, a person who is knowledgeable\\nabout the evaluation procedures used with the child and familiar with\\nthe results of the evaluation. The commissioner shall determine the\\nlocation at which the multidisciplinary team meeting will be held. In\\nthe event of a tie vote on the multidisciplinary team, the parents shall\\ncast the deciding vote.\\n d. The majority of the multidisciplinary team shall state the reasons\\nfor its recommendation, and submit such recommendation to the\\ncommissioner for consideration in determining whether to appoint the\\nchild. If the representatives appointed by the school district of\\nresidence disagree with the recommendation of the multidisciplinary\\nteam, they shall be entitled to prepare a dissenting opinion on the\\nplacement recommendation and to submit such opinion to the commissioner\\nfor consideration in determining whether to appoint the child to the\\nschool.\\n e. The commissioner, or his or her designee, in determining whether to\\nappoint the child to the school, shall consider whether the placement at\\nthe state school is an appropriate placement in the least restrictive\\nenvironment, taking into account the school district's recommended\\nalternative placement. If the commissioner or his or her designee\\ndetermines that placement in the state school is not in the least\\nrestrictive environment or otherwise disagrees with such recommendation,\\nthe commissioner shall state his or her reasons in writing and shall\\nsend the recommendation back to the multidisciplinary team for\\nreconsideration, with notice to the parents. If the commissioner refers\\nthe recommendation back to the multidisciplinary team for\\nreconsideration, the commissioner shall also notify the parents and the\\nmultidisciplinary team in writing of the need to schedule a meeting to\\nensure timely placement.\\n * f. Notwithstanding any provision of law, rule or regulation to the\\ncontrary, a member of the multidisciplinary team, other than the parents\\nor persons in parental relation to the student is not required to attend\\na meeting of the team, in whole or in part, if the parent or person in\\nparental relation to the student and the department agree, in writing,\\nthat the attendance of the member is not necessary because the member's\\narea of the curriculum or related services is not being modified or\\ndiscussed at the meeting.\\n * NB Repealed June 30, 2015\\n * g. Notwithstanding any provision of law, rule or regulation to the\\ncontrary, a member of the multidisciplinary team, other than the parents\\nor persons in parental relation to the student, may be excused from\\nattending a meeting of the team, in whole or in part, when the meeting\\ninvolves a modification to or discussion of the member's area of the\\ncurriculum or related services if the parent or person in parental\\nrelation to the student and the department consent, in writing, to the\\nexcusal and the excused member submits to the parent or person in\\nparental relation to the student and the multidisciplinary team, written\\ninput into the development of the individualized education program, and\\nin particular written input with respect to their area of the curriculum\\nor related services, prior to the meeting.\\n * NB Repealed June 30, 2015\\n * h. Requests for excusal of a member of the multidisciplinary team as\\nprovided for in paragraphs f and g of this subdivision, and the written\\ninput as provided for in paragraph g of this subdivision, shall be\\nprovided not less than five calendar days prior to the meeting date, in\\norder to afford the parent or person in parental relation a reasonable\\ntime to review and consider the request. Provided however, that a parent\\nor person in parental relation shall retain the right to request and/or\\nagree with the department to excuse a multidisciplinary team member at\\nany time including where the member is unable to attend the meeting\\nbecause of an emergency or unavoidable scheduling conflict and the\\ndepartment submits the written input for review and consideration by the\\nparent or person in parental relation within a reasonable time prior to\\nthe meeting and prior to obtaining written consent of the parent or\\nperson in parental relation to such excusal.\\n * NB Repealed June 30, 2015\\n * i. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, in making changes to a student's individualized education\\nprogram after the annual review has been conducted, the parent or person\\nin parental relation to the student and the department may agree not to\\nconvene a multidisciplinary team meeting for the purpose of making those\\nchanges, and instead may develop a written document to amend or modify\\nthe student's current individualized education program under the\\nfollowing circumstances:\\n (i) The parent or person in parental relation makes a request to the\\ndepartment for an amendment to the individualized education program and\\nthe department and such parent or person in parental relation agree in\\nwriting; or\\n (ii) The department provides the parent or person in parental relation\\nwith a written proposal to amend a provision or provisions of the\\nindividualized education program that is conveyed in language\\nunderstandable to the parent or person in parental relation in such\\nparent's or such person's native language or other dominant mode of\\ncommunication, informs and allows the parent or person in parental\\nrelation the opportunity to consult with the appropriate personnel or\\nrelated service providers concerning the proposed changes and the parent\\nor person in parental relation agrees in writing to such amendments.\\n (iii) If the parent or person in parental relation agrees to amend the\\nindividualized education program without a meeting, the parent or person\\nin parental relation shall be provided prior written notice of the\\nchanges to the individualized education program resulting from such\\nwritten document and the multidisciplinary team shall be notified of\\nsuch changes. If the department makes such changes by rewriting the\\nentire individualized education program, it shall provide the parent or\\nperson in parental relation with a copy of the rewritten individualized\\neducation program. If the department amends the individualized education\\nprogram without rewriting the entire document, the department shall\\nprovide the parent with a copy of the document that amends or modifies\\nthe individualized education program or, upon request of the parent or\\nperson in parental relation, a revised copy of the individualized\\neducation program with the amendments incorporated.\\n Amendments to an individualized education program pursuant to this\\nparagraph shall not affect the requirement that the multidisciplinary\\nteam review the individualized education program at the annual meeting,\\nor more often if necessary.\\n * NB Repealed June 30, 2015\\n 3. The commissioner shall adopt regulations to prescribe the\\nprocedures for evaluation, placement and admission of children in\\naccordance with this section, which shall include but not be limited to\\nprocedures to ensure that the due process rights of parents are\\nprotected and that placement recommendations are made in a timely\\nmanner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4309", "title" : "Applicants from without the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4309", "activeDate" : "2014-09-22", "sequenceNo" : 1302, "repealedDate" : null, "fromSection" : "4309", "toSection" : "4309", "text" : " § 4309. Applicants from without the state. Blind persons from without\\nthe state may be received into the school upon the payment of an\\nadequate sum, fixed by the education department, for their boarding and\\ninstruction; provided that such applicants shall in no case exclude\\nthose from the state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4310", "title" : "Applications for admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4310", "activeDate" : "2014-09-22", "sequenceNo" : 1303, "repealedDate" : null, "fromSection" : "4310", "toSection" : "4310", "text" : " § 4310. Applications for admission. Applications for admission into\\nthe school shall be made to the education department in such manner as\\nit may direct, but the department shall require each such application to\\nbe accompanied by a certificate from the county judge or county clerk of\\nthe county, or the supervisor or town clerk of the town, or the mayor of\\nthe city, where the applicant resides, setting forth that the applicant\\nis a legal resident of the town, county and state claimed as his\\nresidence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4313", "title" : "School district and social services district financial responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4313", "activeDate" : "2014-09-22", "sequenceNo" : 1304, "repealedDate" : null, "fromSection" : "4313", "toSection" : "4313", "text" : " § 4313. School district and social services district financial\\nresponsibility. 1. Financial responsibilities. School districts and\\nsocial services districts shall be responsible for the cost of tuition\\nand maintenance, respectively, for children in attendance at the New\\nYork state school for the blind during the September first through June\\nthirtieth session. Such costs shall be established pursuant to section\\nforty-four hundred five of this chapter. a. The school district of\\nwhich any such child is resident at the time of admission or readmission\\nto the New York State school for the blind pursuant to this article\\nshall be required to reimburse the state in an amount equal to the\\ntuition payments made to the state school by the state on behalf of the\\nschool district. The comptroller shall deduct the appropriate tuition\\namounts from any state funds which become due to a school district for\\neach year in which such child is in attendance at such school, and shall\\ndeposit such funds to the special revenue accounts established for such\\npurpose. Any tuition amounts deducted pursuant to this subdivision shall\\nbe included in the approved operating expense of the school district\\npursuant to paragraph t of subdivision one of section thirty-six hundred\\ntwo of this chapter.\\n b. The social services district in which any such child is resident at\\nthe time of admission or readmission to the New York state school for\\nthe blind pursuant to this article shall be required to reimburse the\\nstate in an amount equal to the maintenance payments made to the state\\nschool by the state on behalf of the social services district. The\\ncomptroller may deduct the appropriate maintenance amounts from any\\nstate funds which become due to a social services district for each year\\nin which such child is in attendance at such school only upon\\nnotification by the commissioner of social services after receiving\\nnotice by the commissioner of education that such social services\\ndistrict has failed to remit the required maintenance payments to the\\nstate within ninety days of the date on which such social services\\ndistrict was billed by the state for services rendered, and shall\\ndeposit such funds to the special revenue accounts established for such\\npurpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4314", "title" : "Protection of pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4314", "activeDate" : "2014-09-22", "sequenceNo" : 1305, "repealedDate" : null, "fromSection" : "4314", "toSection" : "4314", "text" : " § 4314. Protection of pupils. The department shall:\\n (a) Promulgate regulations concerning standards for the protection of\\nchildren in residential care from reportable incidents in accordance\\nwith this section and article eleven of the social services law,\\nincluding procedures for:\\n (i) consistent with appropriate collective agreements and applicable\\nprovisions of the civil service law, the review and evaluation of the\\nbackgrounds of and the information supplied by any person applying to be\\nan employee, a volunteer or consultant, which shall include but not be\\nlimited to the following requirements: that the applicant set forth his\\nor her employment history, provide personal and employment references,\\nand relevant experiential and educational information, and sign a sworn\\nstatement indicating whether the applicant, to the best of his or her\\nknowledge, has ever been convicted of a crime in this state or any other\\njurisdiction;\\n (ii) establishing for employees, relevant minimal experiential and\\neducational qualifications consistent with appropriate collective\\nbargaining agreements and applicable provisions of the civil service\\nlaw;\\n (iii) assuring adequate and appropriate supervision of employees,\\nvolunteers and consultants;\\n (iv) demonstrating by a residential facility or program that\\nappropriate action is taken to assure the safety of the child who is\\nalleged to have been subjected to a reportable incident in a report to\\nthe vulnerable persons' central register in accordance with section four\\nhundred ninety-two of the social services law as well as other children\\nin care, immediately upon notification that such a report of an\\nallegation of a reportable incident has been made;\\n (v) removing a child when it is determined that there is risk to such\\nchild if he or she continues to remain within a residential facility or\\nprogram; and\\n (vi) appropriate preventive and remedial action to be taken including\\nlegal actions, consistent with appropriate collective bargaining\\nagreements and applicable provisions of the civil service law.\\n Such standards shall also establish as a priority requirements that:\\n(1) subject to the amounts appropriated therefor, administrators,\\nemployees, volunteers and consultants receive training in at least the\\nfollowing: child abuse prevention and identification, safety and\\nsecurity procedures, the principles of child development, the\\ncharacteristics of children in care and techniques of group and child\\nmanagement including crisis intervention, the laws, regulations and\\nprocedures governing the protection of children from reportable\\nincidents, and other appropriate topics, provided however, that the\\ndepartment may exempt administrators and consultants from such\\nrequirements upon demonstration of substantially equivalent knowledge or\\nexperience; and\\n (2) subject to the amounts appropriated therefor, children receive\\ninstruction, consistent with their age, needs and circumstances as well\\nas the needs and circumstances within the facility or program, in\\ntechniques and procedures which will enable such children to protect\\nthemselves from reportable incidents.\\n The department, in consultation with the executive director of the\\njustice center for the protection of people with special needs, shall\\ntake all reasonable and necessary actions to assure that employees,\\nvolunteers and consultants in residential facilities are kept apprised\\non a current basis of all department policies and procedures relating to\\nthe protection of children from reportable incidents and shall monitor\\nand supervise the provision of training to such employees, volunteers\\nand consultants. Regulations and standards developed pursuant to this\\nsection shall, to the extent possible, be consistent with those\\npromulgated by other state agencies for such purposes;\\n (vii) consistent with applicable collective bargaining agreements,\\nassuring that an individual who has committed a category one offense, as\\ndefined in paragraph (a) of subdivision four of section four hundred\\nninety-three of the social services law, that is included on the\\nvulnerable persons' central register is not hired or otherwise used in\\nany position in which such individual would have regular and substantial\\ncontact with a service recipient in any program described in paragraph\\n(e) of subdivision four of section four hundred eighty-eight of the\\nsocial services law.\\n (b) Provide for the development and implementation of a plan of\\nprevention and remediation with respect to a substantiated report of\\nabuse or neglect. Such action shall include: (i) within ten days of\\nreceipt of such a substantiated report, development and implementation\\nof a plan of prevention and remediation to be taken with respect to a\\ncustodian or the residential facility in order to assure the continued\\nhealth and safety of children and to provide for the prevention of\\nfuture acts constituting reportable incidents; and (ii) development and\\nimplementation of a plan of prevention and remediation, in the event an\\ninvestigation of a report of an allegation of abuse or neglect\\ndetermines that a preponderance of the evidence of such allegation\\nexists and such substantiated allegation may be attributed in whole or\\nin part to noncompliance by the residential facility or program with\\nprovisions of this chapter or regulations of the department applicable\\nto the operation of such residential facility or program. Any plan of\\nprevention and remediation required to be developed pursuant to this\\nsubdivision by a facility supervised by the department shall be\\nsubmitted to and approved by the department in accordance with time\\nlimits established by regulations of the department. Implementation of\\nthe plan shall be monitored by the department. In reviewing the\\ncontinued qualifications of a residential facility or program for an\\noperating certificate, the department shall evaluate such facility's\\ncompliance with plans of prevention and remediation developed and\\nimplemented pursuant to this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4315", "title" : "Drafts upon state treasury", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4315", "activeDate" : "2014-09-22", "sequenceNo" : 1306, "repealedDate" : null, "fromSection" : "4315", "toSection" : "4315", "text" : " § 4315. Drafts upon state treasury. All moneys appropriated for such\\nschool or derived from other sources in the course of the administration\\nthereof shall be expended upon vouchers approved by the commissioner of\\neducation, when and in the manner authorized by the board of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4316", "title" : "Construction, alteration, improvement and repair of buildings of school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4316", "activeDate" : "2014-09-22", "sequenceNo" : 1307, "repealedDate" : null, "fromSection" : "4316", "toSection" : "4316", "text" : " § 4316. Construction, alteration, improvement and repair of buildings\\nof school. All of the provisions of section one hundred twenty-seven of\\nthe state finance law shall apply, so far as applicable, to the\\nconstruction, alteration, improvements and repair of buildings for the\\nschool. For such purpose, the education department shall be the\\ndepartment having jurisdiction as such expression is used in such\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4317", "title" : "Purchase of equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4317", "activeDate" : "2014-09-22", "sequenceNo" : 1308, "repealedDate" : null, "fromSection" : "4317", "toSection" : "4317", "text" : " § 4317. Purchase of equipment. The education department shall\\npurchase all furniture, apparatus and other supplies necessary to the\\nequipment and maintenance of the school in the most efficient manner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4318", "title" : "Publications, bequests and donations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4318", "activeDate" : "2014-09-22", "sequenceNo" : 1309, "repealedDate" : null, "fromSection" : "4318", "toSection" : "4318", "text" : " § 4318. Publications, bequests and donations. The school shall be\\nentitled to receive copies of all books and other publications which are\\ndistributed gratuitously by the state to township or county libraries,\\ncommon schools, academies, colleges and societies. It may also receive\\nin the name of the state, bequests or donations of money or any kind of\\nproperty, but such money or property shall, in all cases, belong to the\\nstate, and be subject to its control; provided that the same shall not\\nbe diverted from the particular object for which it shall be bequeathed\\nor donated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A88", "title" : "New York State School For the Deaf", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "88", "activeDate" : "2014-09-22", "sequenceNo" : 1310, "repealedDate" : null, "fromSection" : "4351", "toSection" : "4358", "text" : " ARTICLE 88\\n NEW YORK STATE SCHOOL FOR THE DEAF\\nSection 4351. New York state school for the deaf.\\n 4352. Object of institution.\\n 4353. Advisory board of visitors.\\n 4354. Superintendent and other personnel.\\n 4355. Admission.\\n 4356. Applications for admission.\\n 4357. School district and social services district financial\\n responsibility.\\n 4358. Protection of pupils.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4351", "title" : "New York state school for the deaf", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4351", "activeDate" : "2014-09-22", "sequenceNo" : 1311, "repealedDate" : null, "fromSection" : "4351", "toSection" : "4351", "text" : " § 4351. New York state school for the deaf. The New York state school\\nfor the deaf is hereby established under the jurisdiction and control of\\nthe education department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4352", "title" : "Object of institution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4352", "activeDate" : "2014-09-22", "sequenceNo" : 1312, "repealedDate" : null, "fromSection" : "4352", "toSection" : "4352", "text" : " § 4352. Object of institution. The primary object of the school shall\\nbe to furnish to children of the state suffering from deafness or a\\ncombination of deafness and other handicaps, and who may be expected to\\nprofit from instruction, such educational opportunities as will enable\\nthem, so far as practical, to become useful and well-adjusted citizens\\nof the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4353", "title" : "Advisory board of visitors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4353", "activeDate" : "2014-09-22", "sequenceNo" : 1313, "repealedDate" : null, "fromSection" : "4353", "toSection" : "4353", "text" : " § 4353. Advisory board of visitors. 1. The regents shall appoint an\\nadvisory board of visitors of the New York state school for the deaf\\nconsisting of nine members. At least two of the board must be residents\\nof the county of Oneida and the majority must be residents within fifty\\nmiles of said school. The term of office of members of such board shall\\nbe five years, from July first following the date of appointment, except\\nthat the first members of such board shall be appointed for such terms\\nso that the terms of two members thereof shall expire on July first in\\nthe year of nineteen hundred sixty-four, the terms of two members shall\\nexpire on July first in the year of nineteen hundred sixty-five, the\\nterms of two members shall expire on July first in the year of nineteen\\nhundred sixty-six, the terms of two members shall expire on July first\\nin the year of nineteen hundred sixty-seven and that the term of one\\nmember shall expire on July first in the year of nineteen hundred\\nsixty-eight.\\n 2. In the event that a vacancy occurs on such board for reason other\\nthan the expiration of a term, such vacancy shall be filled by\\nappointment by the board of regents for the balance of the unexpired\\nterm.\\n 3. The members of the board of visitors shall serve without pay but\\nthey shall be paid their actual expenses necessarily incurred in the\\nofficial discharge of their duties. No member of such board shall be\\npecuniarily interested in any contract pertaining to the administration\\nof such school.\\n 4. The board of visitors shall visit and inspect such school and shall\\nhave such other powers and duties as may be required or authorized by\\nthe board of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4354", "title" : "Superintendent and other personnel", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4354", "activeDate" : "2014-09-22", "sequenceNo" : 1314, "repealedDate" : null, "fromSection" : "4354", "toSection" : "4354", "text" : " § 4354. Superintendent and other personnel. 1. The chief executive\\nofficer of such school shall be a superintendent who shall be in the\\nunclassified service and who shall be appointed by the board of regents\\nupon the recommendation of commissioner of education. Such\\nsuperintendent shall serve at the pleasure of the board of regents.\\nExcept as hereinafter provided, such superintendent shall have the\\nsupervision and management of the school, shall recommend the\\nappointment and removal of subordinate officers, teachers and employees\\nthereof, prescribe their duties and perform all of the duties and\\nexercise the powers and duties prescribed for such superintendent of\\nschools by law or by the rules of the board of regents.\\n 2. The commissioner shall, subject to the approval of the director of\\nthe budget, determine the amount to be deducted from the salaries of\\nemployees for the maintenance provided for such personnel in the school.\\n 3. The commissioner of education shall have power, in conformity with\\nregulations approved by the regents, to appoint all other needed\\nofficers and employees and determine their duties. The commissioner\\nshall by regulations approved as aforesaid, establish for positions in\\nthe unclassified service in such department as certified by him pursuant\\nto section thirty-five of the civil service law, suitable personnel\\nprocedures and conditions of employment including:\\n a. A classification plan which shall include titles, duties and\\nminimum qualifications.\\n b. A salary plan which shall include minimum and maximum salaries and\\nincrements and procedures for adjustment of salaries on appointment,\\npromotion and reassignment.\\n c. Regulations for appointments, promotions, probation, permanent\\ntenure, disciplinary action and attendance.\\n d. Such other rules and regulations as may be necessary for carrying\\nout the provisions of this section.\\n The regulations establishing such salary plan shall be subject to the\\napproval of the director of the budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4355", "title" : "Admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4355", "activeDate" : "2014-09-22", "sequenceNo" : 1315, "repealedDate" : null, "fromSection" : "4355", "toSection" : "4355", "text" : " § 4355. Admission. All deaf or blind and deaf children between the age\\nof three years and twenty-one years and of suitable capacity for\\ninstruction who are legal residents of the state shall be eligible for\\nappointment to the New York state school for the deaf without charge for\\nsuch period of time in each individual case as may be set by the\\ncommissioner, either: (i) upon the recommendation of the committee on\\nspecial education or committee on preschool special education of the\\nchild's school district of residence, as applicable; or (ii) where the\\nparents of a school age child make application directly to the\\ncommissioner or the school, upon recommendation of the school's\\nmultidisciplinary team in accordance with the joint placement procedures\\nestablished in this section.\\n 2. a. Upon receipt of an application for admission of a child who has\\nnot been recommended for placement by the committee on special education\\nor committee on preschool special education of the child's school\\ndistrict of residence, the school shall immediately notify such school\\ndistrict of such application. Notwithstanding any inconsistent provision\\nof law, the school shall make available to such school district of\\nresidence, upon request, all records in its possession relating the\\nevaluation, placement and educational performance of each child who has\\napplied for admission or is attending the school, including the results\\nof any current evaluations of such child.\\n b. Prior to any meeting of its multidisciplinary team to develop an\\nindividualized education program for a school age child, either upon\\ninitial admission to the school or in an annual review, the school shall\\nnotify the school district of residence of such meeting and shall offer\\nthe district the opportunity to identify and present to the\\nmultidisciplinary team, an alternative placement recommendation for\\nservices in the least restrictive environment. In addition, such notice\\nshall advise the school district of its right to appoint additional\\nmembers to the multidisciplinary team pursuant to paragraph c of this\\nsubdivision. The multidisciplinary team shall consider such alternative\\nand, if it rejects the alternative, shall include in its recommendation\\na statement of its reasons for doing so.\\n c. In addition to the members required for a committee on special\\neducation pursuant to subdivision one of section forty-four hundred two\\nof this chapter, the school's multidisciplinary team may include\\nadditional members appointed by the board of education of the school\\ndistrict of residence pursuant to this paragraph, and shall include such\\nmembers if appointed by such board of education. For each member\\nappointed by the school, the school district may appoint a corresponding\\nmember, including a representative of the committee on special education\\nwho is qualified to teach or supervise special education, a school\\npsychologist, the child's teacher, a parent member, a physician where\\nthe parent requests attendance of the physician member, and, for a child\\nwho has been evaluated for the first time, a person who is knowledgeable\\nabout the evaluation procedures used with the child and familiar with\\nthe results of the evaluation. The commissioner shall determine the\\nlocation at which the multidisciplinary team meeting will be held. In\\nthe event of a tie vote on the multidisciplinary team, the parents shall\\ncast the deciding vote.\\n d. The majority of the multidisciplinary team shall state the reasons\\nfor its recommendation, and submit such recommendation to the\\ncommissioner for consideration in determining whether to appoint the\\nchild. If the representatives appointed by the school district of\\nresidence disagree with the recommendation of the multidisciplinary\\nteam, they shall be entitled to prepare a dissenting opinion on the\\nplacement recommendation and to submit such opinion to the commissioner\\nfor consideration in determining whether to appoint the child to the\\nschool.\\n e. The commissioner, or his or her designee, in determining whether to\\nappoint a school age child to the school, shall consider whether the\\nplacement at the state school is an appropriate placement in the least\\nrestrictive environment, taking into account the school district's\\nrecommended alternative placement. If the commissioner or his or her\\ndesignee determines that placement in the state school is not in the\\nleast restrictive environment or otherwise disagrees with such\\nrecommendation, the commissioner shall state his or her reasons in\\nwriting and shall send the recommendation back to the multidisciplinary\\nteam for reconsideration, with notice to the parents. If the\\ncommissioner refers the recommendation back to the multidisciplinary\\nteam for reconsideration, the commissioner shall also notify the parents\\nand the multidisciplinary team in writing of the need to schedule a\\nmeeting to ensure timely placement.\\n * f. Notwithstanding any provision of law, rule or regulation to the\\ncontrary, a member of the multidisciplinary team, other than the parents\\nor persons in parental relation to the student is not required to attend\\na meeting of the team, in whole or in part, if the parent or person in\\nparental relation to the student and the department agree, in writing,\\nthat the attendance of the member is not necessary because the member's\\narea of the curriculum or related services is not being modified or\\ndiscussed at the meeting.\\n * NB Repealed June 30, 2015\\n * g. Notwithstanding any provision of law, rule or regulation to the\\ncontrary, a member of the multidisciplinary team, other than the parents\\nor persons in parental relation to the student, may be excused from\\nattending a meeting of the team, in whole or in part, when the meeting\\ninvolves a modification to or discussion of the member's area of the\\ncurriculum or related services if the parent or person in parental\\nrelation to the student and the department consent, in writing, to the\\nexcusal and the excused member submits to the parent or person in\\nparental relation to the student and the multidisciplinary team, written\\ninput into the development of the individualized education program, and\\nin particular written input with respect to their area of curriculum or\\nrelated services prior to the meeting.\\n * NB Repealed June 30, 2015\\n * h. Requests for excusal of a member of the multidisciplinary team as\\nprovided for in paragraphs f and g of this subdivision, and the written\\ninput as provided for in paragraph g of this subdivision, shall be\\nprovided not less than five calendar days prior to the meeting date, in\\norder to afford the parent or person in parental relation a reasonable\\ntime to review and consider the request. Provided however, that a parent\\nor person in parental relation shall retain the right to request and/or\\nagree with the department to excuse a multidisciplinary team member at\\nany time including where the member is unable to attend the meeting\\nbecause of an emergency or unavoidable scheduling conflict and the\\ndepartment submits the written input for review and consideration by the\\nparent or person in parental relation within a reasonable time prior to\\nthe meeting and prior to obtaining written consent of the parent or\\nperson in parental relation to such excusal.\\n * NB Repealed June 30, 2015\\n * i. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, in making changes to a student's individualized education\\nprogram after the annual review has been conducted, the parent or person\\nin parental relation to the student and the department may agree not to\\nconvene a multidisciplinary team meeting for the purpose of making those\\nchanges, and instead may develop a written document to amend or modify\\nthe student's current individualized education program under the\\nfollowing circumstances:\\n (i) The parent or person in parental relation makes a request to the\\ndepartment for an amendment to the individualized education program and\\nthe department and such parent or person in parental relation agree in\\nwriting; or\\n (ii) The department provides the parent or person in parental relation\\nwith a written proposal to amend a provision or provisions of the\\nindividualized education program that is conveyed in language\\nunderstandable to the parent or person in parental relation in such\\nparent's or such person's native language or other dominant mode of\\ncommunication, informs and allows the parent or person in parental\\nrelation the opportunity to consult with the appropriate personnel or\\nrelated service providers concerning the proposed changes and the parent\\nor person in parental relation agrees in writing to such amendments.\\n (iii) If the parent or person in parental relation agrees to amend the\\nindividualized education program without a meeting, the parent or person\\nin parental relation shall be provided prior written notice of the\\nchanges to the individualized education program resulting from such\\nwritten document and the multidisciplinary team shall be notified of\\nsuch changes. If the department makes such changes by rewriting the\\nentire individualized education program, it shall provide the parent or\\nperson in parental relation with a copy of the rewritten individualized\\neducation program. If the department amends the individualized education\\nprogram without rewriting the entire document, the department shall\\nprovide the parent or person in parental relation with a copy of the\\ndocument that amends or modifies the individualized education program\\nor, upon request of the parent or person in parental relation, a revised\\ncopy of the individualized education program with the amendments\\nincorporated.\\n Amendments to an individualized education program pursuant to this\\nparagraph shall not affect the requirement that the multidisciplinary\\nteam review the individualized education program at the annual meeting,\\nor more often if necessary.\\n * NB Repealed June 30, 2015\\n 3. The commissioner shall adopt regulations to prescribe the\\nprocedures for evaluation, placement and admission of children in\\naccordance with this section, which shall include but not be limited to\\nprocedures to ensure that the due process rights of parents are\\nprotected and that placement recommendations are made in a timely\\nmanner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4356", "title" : "Applications for admission", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4356", "activeDate" : "2014-09-22", "sequenceNo" : 1316, "repealedDate" : null, "fromSection" : "4356", "toSection" : "4356", "text" : " § 4356. Applications for admission. Applications for admission shall\\nbe made to the department in such manner as shall be prescribed by the\\ndepartment and shall be accompanied by such evidence of legal residence\\nand other information as the department may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4357", "title" : "School district and social services district financial responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4357", "activeDate" : "2014-09-22", "sequenceNo" : 1317, "repealedDate" : null, "fromSection" : "4357", "toSection" : "4357", "text" : " § 4357. School district and social services district financial\\nresponsibility. 1. Financial responsibilities. School districts and\\nsocial services districts shall be responsible for the costs of tuition\\nand maintenance, respectively, for children attending the New York state\\nschool for the deaf during the September first through June thirtieth\\nsession. Such costs shall be established pursuant to section forty-four\\nhundred five of this chapter. a. The school district of which any such\\nchild is resident at the time of admission or readmission to the New\\nYork State school for the deaf pursuant to this article shall be\\nrequired to reimburse the state in an amount equal to the tuition\\npayments made to the state school by the state on behalf of the school\\ndistrict. The comptroller shall deduct the appropriate tuition amounts\\nfrom any state funds which become due to a school district for each year\\nin which such child is in attendance at such school, and shall deposit\\nsuch funds to the special revenue accounts established for such purpose.\\nAny tuition amounts deducted pursuant to this subdivision shall be\\nincluded in the approved operating expense of the school district\\npursuant to paragraph t of subdivision one of section thirty-six hundred\\ntwo of this chapter.\\n b. The social services district in which any such child is resident at\\nthe time of admission or readmission to the New York state school for\\nthe deaf pursuant to this article shall be required to reimburse the\\nstate in an amount equal to the maintenance payments made to the state\\nschool by the state on behalf of the social services district. The\\ncomptroller may deduct the appropriate maintenance amounts from any\\nstate funds which become due to a social services district for each year\\nin which such child is in attendance at such school only upon\\nnotification by the commissioner of social services after receiving\\nnotice by the commissioner of education that such social services\\ndistrict has failed to remit the required maintenance payments within\\nninety days of the date on which such social services district is billed\\nby the state for services rendered, and shall deposit such amount to the\\nspecial revenue accounts established for such purpose.\\n 2. Payment for preschool children with handicapping conditions. The\\nstate share of the costs of tuition, maintenance and transportation for\\npreschool children attending the New York state school for the deaf\\nduring the July and August summer session and the September through June\\nsession shall be paid from the state moneys appropriated in support of\\nthe provisions of section forty-four hundred ten of this chapter. The\\nremaining share shall be a charge on the county, or the city of New\\nYork, of which any such child is resident at the time of admission or\\nreadmission to such school. The state share shall be as set forth in\\nparagraph b of subdivision eleven of section forty-four hundred ten of\\nthis chapter. For the purposes of this subdivision \"preschool child\"\\nshall mean a child not eligible, by reason of age, for the deaf-infant\\nprogram pursuant to section forty-two hundred four-a of this chapter and\\nnot eligible, by reason of age, to attend the public schools pursuant to\\nsection thirty-two hundred two of this chapter, provided that a child\\nshall be deemed a preschool child through the month of August of the\\nschool year in which the child first becomes eligible to attend the\\npublic schools. Preschool education charges on a county, or the city of\\nNew York, pursuant to this subdivision shall be deducted by the\\ncomptroller within thirty days of the issuance of a warrant by the\\ncommissioner from any state funds which become due to a county, or the\\ncity of New York, and be credited to the special revenue account\\nestablished for such purpose. Such tuition, maintenance and\\ntransportation costs shall be determined pursuant to section forty-four\\nhundred five of this chapter.\\n 3. Deaf infants. The full costs of a deaf-infant program, as\\ndetermined by the commissioner of education and approved by the director\\nof the budget, for children below the age of three served by the New\\nYork state school for the deaf pursuant to section forty-two hundred\\nfour-a of this chapter shall be paid from the state moneys appropriated\\nin support of such section forty-two hundred four-a.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4358", "title" : "Protection of pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4358", "activeDate" : "2014-09-22", "sequenceNo" : 1318, "repealedDate" : null, "fromSection" : "4358", "toSection" : "4358", "text" : " § 4358. Protection of pupils. The department shall:\\n (a) Promulgate regulations concerning standards for the protection of\\nchildren in residential care from reportable incidents in accordance\\nwith this section and article eleven of the social services law,\\nincluding procedures for:\\n (i) consistent with appropriate collective bargaining agreements and\\napplicable provisions of the civil service law, the review and\\nevaluation of the backgrounds of and the information supplied by any\\nperson applying to be an employee, a volunteer or consultant, which\\nshall include but not be limited to the following requirements: that the\\napplicant set forth his or her employment history, provide personal and\\nemployment references and relevant experiential and educational\\ninformation, and sign a sworn statement indicating whether the\\napplicant, to the best of his or her knowledge, has ever been convicted\\nof a crime in this state or any other jurisdiction;\\n (ii) establishing, for employees, relevant minimal experiential and\\neducational qualifications, consistent with appropriate collective\\nbargaining agreements and applicable provisions of the civil service\\nlaw;\\n (iii) assuring adequate and appropriate supervision of employees,\\nvolunteers and consultants;\\n (iv) demonstrating by a residential facility or program that\\nappropriate action is taken to assure the safety of the child who is\\nalleged to have been subjected to a reportable incident in a report to\\nthe vulnerable persons' central register in accordance with section four\\nhundred ninety-two of the social services law as well as other children\\nin care, immediately upon notification that such a report of an\\nallegation of a reportable incident has been made;\\n (v) removing a child when it is determined that there is risk to such\\nchild if he or she continues to remain within a facility or program; and\\n (vi) appropriate preventive and remedial action to be taken including\\nlegal actions, consistent with appropriate collective bargaining\\nagreements and applicable provisions of the civil service law.\\n Such standards shall also establish as a priority requirements that:\\n(A) subject to the amounts appropriated therefor, administrators,\\nemployees, volunteers and consultants receive training in at least the\\nfollowing: child abuse prevention and identification, safety and\\nsecurity procedures, the principles of child development, the\\ncharacteristics of children in care and techniques of group and child\\nmanagement including crisis intervention, the laws, regulations and\\nprocedures governing the protection of children from reportable\\nincidents, and other appropriate topics, provided however, that the\\ndepartment may exempt administrators and consultants from such\\nrequirements upon demonstration of substantially equivalent knowledge or\\nexperience; and\\n (B) subject to the amounts appropriated therefor, children receive\\ninstruction, consistent with their age, needs and circumstances as well\\nas the needs and circumstances of the facility, in techniques and\\nprocedures which will enable such children to protect themselves from\\nreportable incidents.\\n The department shall take all reasonable and necessary actions to\\nassure that employees, volunteers and consultants in residential\\nfacilities and programs are kept apprised on a current basis of all\\ndepartment policies and procedures relating to the protection of\\nchildren from reportable incidents and shall monitor and supervise the\\nprovision of training to such administrators, employees, volunteers,\\nchildren and consultants. Regulations and standards developed pursuant\\nto this section shall, to the extent possible, be consistent with those\\npromulgated by other state agencies for such purposes;\\n (vii) consistent with applicable collective bargaining agreements,\\nassuring that an individual who has committed a category one offense, as\\ndefined in paragraph (a) of subdivision four of section four hundred\\nninety-three of the social services law, that is included on the\\nvulnerable persons' central register is not hired or otherwise used in\\nany position in which such individual would have regular and substantial\\ncontact with a service recipient in any program described in paragraph\\n(e) of subdivision four of section four hundred eighty-eight of the\\nsocial services law.\\n (b) Provide for the development and implementation of a plan of\\nprevention and remediation with respect to a substantiated report of\\nabuse or neglect. Such action shall include: (i) within ten days of\\nreceipt of such a substantiated report, development and implementation\\nof a plan of prevention and remediation to be taken with respect to a\\ncustodian or the residential facility in order to assure the continued\\nhealth and safety of children and to provide for the prevention of\\nfuture acts constituting reportable incidents; and (ii) development and\\nimplementation of a plan of prevention and remediation, in the event an\\ninvestigation of a report of an allegation of abuse or neglect\\ndetermines that a preponderance of the evidence of such allegation\\nexists and such substantiated allegation may be attributed in whole or\\nin part to noncompliance by the residential facility or program with\\nprovisions of this chapter or regulations of the department applicable\\nto the operation of such residential facility or program. Any plan of\\nprevention and remediation required to be developed pursuant to this\\nsubdivision by a facility supervised by the department shall be\\nsubmitted to and approved by the department in accordance with time\\nlimits established by regulations of the department. Implementation of\\nthe plan shall be monitored by the department. In reviewing the\\ncontinued qualifications of a residential facility or program for an\\noperating certificate, the department shall evaluate such facility's\\ncompliance with plans of prevention and remediation developed and\\nimplemented pursuant to this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A89", "title" : "Children With Handicapping Conditions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-09-15" ], "docLevelId" : "89", "activeDate" : "2014-09-22", "sequenceNo" : 1319, "repealedDate" : null, "fromSection" : "4401", "toSection" : "4410-C", "text" : " ARTICLE 89\\n CHILDREN WITH HANDICAPPING CONDITIONS\\nSection 4401. Definitions.\\n 4401-a. Referral and evaluation for special education services\\n or programs.\\n 4402. Duties of school districts.\\n 4403. Duties of education department.\\n 4404. Appeal procedures for children with handicapping\\n conditions.\\n 4404-a. Meditation program for students with disabilities.\\n 4405. Computing financial responsibility for special\\n educational services for certain children with\\n handicapping conditions.\\n 4406. Procedures through the family court; cost of certain\\n educational services.\\n 4407. Special provisions relating to instruction of certain\\n children with handicapping conditions.\\n 4408. Payment for July and August programs for students with\\n disabilities.\\n 4410. Special education services and programs for preschool\\n children with handicapping conditions.\\n 4410-a. Responsibility for certain temporary-resident preschool\\n children with handicapping conditions.\\n 4410-b. Use of certain federal funds.\\n 4410-c. Audits of special education services program providers\\n for preschool children with disabilities.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4401", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2023-09-15", "2024-07-05" ], "docLevelId" : "4401", "activeDate" : "2014-09-22", "sequenceNo" : 1320, "repealedDate" : null, "fromSection" : "4401", "toSection" : "4401", "text" : " § 4401. Definitions. As referred to in this article. * 1. A \"child\\nwith a disability\" or \"student with a disability\" means a person under\\nthe age of twenty-one who is entitled to attend public schools pursuant\\nto section thirty-two hundred two of this chapter and who, because of\\nmental, physical or emotional reasons can only receive appropriate\\neducational opportunities from a program of special education. Such term\\ndoes not include a child whose educational needs are due primarily to\\nunfamiliarity with the English language, environmental, cultural or\\neconomic factors. Lack of appropriate instruction in reading, including\\nin the essential components of reading instruction as defined in\\nsubsection three of section twelve hundred eight of the elementary and\\nsecondary education act of nineteen hundred sixty-five, or lack of\\nappropriate instruction in mathematics or limited English proficiency\\nshall not be the determinant factor in identifying a student as a\\nstudent with a disability. \"Special education\" means specially designed\\ninstruction which includes special services or programs as delineated in\\nsubdivision two of this section, and transportation, provided at no cost\\nto the parents to meet the unique needs of a child with a disability. A\\n\"child with a handicapping condition\" means a child with a disability.\\n * NB Effective until June 30, 2015\\n * 1. A \"child with a disability\" or \"student with a disability\" means\\na person under the age of twenty-one who is entitled to attend public\\nschools pursuant to section thirty-two hundred two of this chapter and\\nwho, because of mental, physical or emotional reasons can only receive\\nappropriate educational opportunities from a program of special\\neducation. Such term does not include a child whose educational needs\\nare due primarily to unfamiliarity with the English language,\\nenvironmental, cultural or economic factors. Lack of instruction in\\nreading or mathematics or limited English proficiency shall not be the\\ndeterminant factor in identifying a student as a student with a\\ndisability. \"Special education\" means specially designed instruction\\nwhich includes special services or programs as delineated in subdivision\\ntwo of this section, and transportation, provided at no cost to the\\nparents to meet the unique needs of a child with a disability. A \"child\\nwith a handicapping condition\" means a child with a disability.\\n * NB Effective June 30, 2015\\n 2. \"Special services or programs\". For purposes of this article,\\nspecial services or programs shall mean the following:\\n a. Special classes, transitional support services, resource rooms,\\ndirect and indirect consultant teacher services, transition services as\\ndefined in subdivision nine of this section, assistive technology\\ndevices as defined under federal law, travel training, home instruction,\\nand special teachers to include itinerant teachers as provided by the\\nschools of the district of residence with such terms and services to be\\ndefined by regulations of the commissioner.\\n b. Contracts with other districts for special services or programs.\\n c. Contracts with or special services or programs provided by boards\\nof cooperative educational services.\\n d. Appointment by the commissioner to a state school in accordance\\nwith article eighty-seven or eighty-eight of this chapter or a\\nstate-supported school in accordance with article eighty-five of this\\nchapter.\\n e. Contracts with private non-residential schools which have been\\napproved by the commissioner and which are within the state for special\\nservices or programs.\\n f. Contracts with private non-residential schools which have been\\napproved by the commissioner and which are outside of the state for\\nspecial services or programs.\\n g. Contracts with private residential schools which have been approved\\nby the commissioner and which are within the state for special services\\nor programs.\\n h. Contracts with private residential schools which have been approved\\nby the commissioner and which are outside the state for special services\\nor programs.\\n i. Contracts with the state university at Binghamton for\\nnon-residential special services or programs at the children's unit for\\ntreatment and evaluation which have been approved by the commissioner.\\n j. Provision of educational services in a residential facility for the\\ncare and treatment of students with disabilities under the jurisdiction\\nof a state agency other than the department.\\n * k. Related services which shall in appropriate cases be furnished to\\nstudents with disabilities shall include audiology, counseling including\\nrehabilitation counseling services, occupational therapy, physical\\ntherapy, speech pathology, medical services as defined by regulations of\\nthe commissioner, psychological services, school health services, school\\nnurse services, school social work, assistive technology services as\\ndefined under federal law, interpreting services, orientation and\\nmobility services, parent counseling and training and other appropriate\\ndevelopmental, corrective or other support services and appropriate\\naccess to recreation. Such term does not include a medical device that\\nis surgically implanted, the optimization of that device's functioning\\n(e.g., mapping), maintenance of that device, or the replacement of such\\ndevice.\\n * NB Effective until June 30, 2015\\n * k. Related services which shall in appropriate cases be furnished to\\nstudents with disabilities shall include audiology, counseling including\\nrehabilitation counseling services, occupational therapy, physical\\ntherapy, speech pathology, medical services as defined by regulations of\\nthe commissioner, psychological services, school health services, school\\nsocial work, assistive technology services as defined under federal law,\\norientation and mobility services, parent counseling and training and\\nother appropriate developmental, corrective or other support services\\nand appropriate access to recreation.\\n * NB Effective June 30, 2015\\n l. Contracts for residential or nonresidential placements with a\\nspecial act school district listed in chapter five hundred sixty-six of\\nthe laws of nineteen hundred sixty-seven.\\n m. Provision of nonresidential education services in Fairmount\\nchildren's center, which facility has been approved by the commissioner\\nfor the education of students with disabilities. Students placed under\\nthe provisions of this paragraph shall not be eligible for state aid\\nunder the provisions of sections thirty-six hundred two and thirty-six\\nhundred two-c of this chapter.\\n n. Formalized agreements for the provision of transition services as\\ndefined in subdivision nine of this section in programs such as\\nvocational training programs approved by the department or by another\\nstate agency. Nothing in this article shall be construed to relieve\\nanother agency of responsibility to provide or pay for any transition\\nservice that the agency would otherwise provide to students with\\ndisabilities who meet the eligibility criteria of that agency.\\n 3. \"Maintenance\". For purposes of this article \"maintenance\" shall\\nmean the amount charged for room and board and allocable debt service as\\ndetermined by the commissioner for the living unit of the residential\\nfacility by a residential school and such reasonable medical expenses\\nactually and necessarily incurred by a handicapped child while actually\\nin attendance at a residential school, provided that such medical\\nexpenses shall be for diagnostic, evaluative, educationally related, and\\nemergency care services as defined by regulations of the commissioner.\\nSuch amount, which shall not include expenses which are otherwise\\nreimbursable to a residential facility by a federal, state or local\\nagency, shall be approved by the commissioner of social services and the\\ndirector of the division of the budget and shall not be otherwise\\npayable or reimbursable.\\n 4. \"Transportation expense.\" For the purposes of determining\\ntransportation aid pursuant to this article, \"transportation expense\"\\nshall mean any cost incurred by the school district for the\\ntransportation of a handicapped child pursuant to the provisions of\\nsubdivision four of section forty-four hundred two of this article,\\nnotwithstanding any minimum or maximum aidable limits established by\\nother provisions of the education law or pursuant to regulations of the\\ncommissioner or school district, allowed pursuant to the applicable\\nprovisions of parts two and three of article seventy-three of this\\nchapter, provided, however, that such transportation shall not be in\\nexcess of fifty miles from the home of such pupil to the appropriate\\nspecial service or program unless the commissioner shall certify that no\\nappropriate non-residential special service or program is available\\nwithin such fifty miles, and that the commissioner may establish by\\nregulation a maximum number of trips between a pupil's home and the\\nprivate residential school which provides special services or programs\\nto such pupil. Such cost shall include the cost of joint or regional\\ntransportation provided by school districts or boards of cooperative\\neducational services for such purposes and subject to the same limits.\\n 5. \"Tuition\" shall mean the per pupil cost of all instructional\\nservices, supplies and equipment, the operation of instructional\\nfacilities and allocable debt service for the instructional facilities,\\nas determined by the commissioner. Approved tuition shall be computed\\nfrom expenditures from which no revenue has been received from the\\nfollowing sources:\\n (a) receipts from the federal government;\\n (b) any cash receipts which reduce the cost of an item applied against\\nthe item therefor, except gifts, donations and earned interest, and\\n (c) any refunds made or any apportionment or payment received from the\\nstate for experimental or special programs as approved by the\\ncommissioner.\\n 6. \"Excess cost\" shall mean the difference between the tuition and the\\nsum of the following:\\n a. the school district basic contribution as defined in subdivision\\neight of this section; and\\n b. the amount of federal funds received by the school district and\\nexpended for such pupil which in the judgment of the commissioner shall\\nbe deemed duplicative.\\n 7. \"Excess cost aid ratio\" for a school district shall be computed by\\nsubtracting from one the product obtained by multiplying fifteen per\\ncentum by the combined wealth ratio as defined in section thirty-six\\nhundred two of this chapter. This aid ratio shall be expressed as a\\ndecimal carried to three places without rounding, but shall not be less\\nthan fifty hundredths, nor more than one.\\n 8. \"School district basic contribution\" shall mean an amount equal to\\nthe total school district local property and non-property tax levy for\\nthe base year divided by the base year public school district enrollment\\nof resident pupils of the school district as defined in paragraph n of\\nsubdivision one of section thirty-six hundred two of this chapter,\\nexcept that for the two thousand thirteen--two thousand fourteen and two\\nthousand fourteen--two thousand fifteen school year and thereafter, for\\nschool districts other than central high school districts and their\\ncomponents, such tax levy for the base year shall be divided by the year\\nprior to the base year pupil count as determined by the commissioner\\npursuant to paragraph f of subdivision two of section thirty-six hundred\\ntwo of this chapter for any school district in which such year prior to\\nthe base year pupil count exceeds one hundred fifty percent of such base\\nyear public school district enrollment of resident pupils.\\n * 9. \"Transition services\" shall mean a coordinated set of activities\\nfor a student with a disability, designed to be within a\\nresults-oriented process, that is focused on improving the academic and\\nfunctional achievement of the student with a disability to facilitate\\nmovement from school to post-school activities, including post-secondary\\neducation, vocational education, integrated employment (including\\nsupported employment), continuing and adult education, adult services,\\nindependent living, or community participation. The coordinated set of\\nactivities shall be based upon the student's strengths, preferences and\\ninterests, and shall include instruction, related services, community\\nexperiences, the development of employment and other post-school adult\\nliving objectives, and, if appropriate, acquisition of daily living\\nskills and provision of a functional vocational evaluation.\\n * NB Effective until June 30, 2015\\n * 9. \"Transition services\" shall mean a coordinated set of activities\\nfor a student with a disability, designed within an outcome-oriented\\nprocess, which promotes movement from school to post-school activities,\\nincluding post-secondary education, vocational training, integrated\\ncompetitive employment (including supported employment), continuing and\\nadult education, adult services, independent living, or community\\nparticipation. The coordinated set of activities shall be based upon the\\nindividual student's needs, taking into account the student's\\npreferences and interests, and shall include instruction, related\\nservices, community experiences, the development of employment and other\\npost-school adult living objectives, and, if appropriate, acquisition of\\ndaily living skills and functional vocational evaluation.\\n * NB Effective June 30, 2015\\n 10. Notwithstanding any inconsistent provisions of this article, where\\na private not-for-profit school enters into a lease, sublease or other\\nagreement with the dormitory authority pursuant to section sixteen\\nhundred eighty of the public authorities law, the tuition rates\\nestablished by the commissioner pursuant to this section shall be\\nestablished in two parts, one part of which shall be the cost per child\\nof the annual rental payment pursuant to such lease, sublease or other\\nagreement to be paid by the school district or the social services\\ndistrict, as the case may be, to the fund established by this chapter;\\nthe remaining part shall be the tuition amount to be paid to the private\\nnot-for-profit school.\\n 11. Notwithstanding any inconsistent provisions of this article, where\\nthe special act school district enters into a lease, sublease or other\\nagreement with the dormitory authority pursuant to section four hundred\\nseven-a of this chapter, the tuition rates established by the\\ncommissioner pursuant to this section shall be established in two parts,\\none part of which shall be the cost per child of the annual rental\\npayment pursuant to such section four hundred seven-a of this chapter to\\nbe paid by the school district or the social services district, as the\\ncase may be, to the fund established in such section; the remaining part\\nshall be the tuition amount to be paid to the special act school\\ndistrict.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4401-A", "title" : "Referral and evaluation for special education services or programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4401-A", "activeDate" : "2014-09-22", "sequenceNo" : 1321, "repealedDate" : null, "fromSection" : "4401-A", "toSection" : "4401-A", "text" : " * § 4401-a. Referral and evaluation for special education services or\\nprograms. 1. Any student suspected of having a disability may be\\nreferred for initial evaluation to determine if the student is a student\\nwith a disability by the parent or person in parental relation, the\\ncommissioner or a designee of a public agency responsible for providing\\neducation to students with disabilities, including but not limited to\\nthe school district in which the student resides. In addition, a\\nprofessional staff member of the school which the student attends or\\nprofessional staff member of the school district in which the student\\nresides, physician, judicial officer, professional staff member of a\\npublic agency, or the pupil himself or herself if such pupil is eighteen\\nyears of age or older or is an emancipated minor may request that the\\nschool district in which the student resides refer the student for\\ninitial evaluation.\\n 2. A request for referral submitted by an individual other than the\\nstudent student or a judicial officer shall:\\n a. state the reasons in writing for the referral and include any test\\nresults, records or reports upon which the referral is based unless such\\ntest results, records or reports are unavailable;\\n b. describe in writing, intervention services programs or\\ninstructional methodologies to remediate the student's performance prior\\nto referral including any supplementary aids or support services\\nprovided for this purpose or state the reason why no such attempts were\\nmade; and\\n c. describe the extent of contact or involvement prior to the referral\\nwith the parent or person in parental relationship.\\n 3. A referral submitted by a parent or person in parental relation\\nshall be submitted in writing to the chairperson of the committee on\\nspecial education or the building administrator of the school which the\\nstudent attends or is eligible to attend. If such referral is submitted\\nto the building administrator, the building administrator shall forward\\na copy to the chairperson of the committee on special education. If such\\nreferral is submitted to the chairperson of the committee such\\nchairperson shall forward a copy of such referral to the building\\nadministrator of the school which the student attends or is eligible to\\nattend. A referral submitted by any other individual shall be submitted\\nin writing to the chairperson of the committee on special education or\\nthe building administrator of the school which the student attends or is\\neligible to attend. The building administrator may request a meeting\\nwith the parent or person in parental relation to the student for the\\npurpose of discussing educational alternatives to special education.\\nSuch alternatives may include the provision of services designed to\\naddress the learning needs of the student and maintain a child's\\nplacement in general education with the provision of appropriate\\neducational and support services. Nothing contained in this section\\nshall in any way impede a committee on special education from continuing\\nits duties and functions under this article with regard to a student\\nreferred for special education or a parent's access to the committee,\\nexcept that, if the parent concurs in writing with the building\\nadministrator to the provision of educational alternatives to special\\neducation, the referral shall be deemed withdrawn.\\n 4. The individual evaluation of the educational needs of a student\\nreferred to the committee on special education shall be conducted by\\nqualified individuals, in accordance with regulations of the\\ncommissioner, with the results of such evaluation forwarded to the\\ncommittee on special education and the student's parent or person in\\nparental relation.\\n 5. Special education services and programs shall be provided after the\\nappropriateness of the resources of the regular education program,\\nincluding, but not limited to, support services, speech and language\\nservices, additional educational services and remedial instruction, have\\nbeen considered. Each school district shall develop a plan and policies\\nfor implementing school wide approaches and pre-referral interventions\\nin order to implement the provisions of this subdivision.\\n 6. If the committee on special education has determined that placement\\nin special education services or programs is not appropriate for the\\nchild under consideration, a copy of the committee's recommendation and\\npertinent information supporting such recommendation shall be forwarded\\nto the building administrator of the school which the child attends and\\nto the parent or person in parental relation to the child. The building\\nadministrator shall determine which support services, speech and\\nlanguage services and additional educational services should be provided\\nto the child in order to assist the child to benefit from a program of\\nregular education and, to the extent available, shall assure that those\\nservices are provided. Nothing contained in this subdivision shall be\\nconstrued to limit the right of the parent or a person in parental\\nrelation to the student to make a referral or to appeal the\\nrecommendation of the committee on special education in accordance with\\nthe provisions contained in section forty-four hundred four of this\\nchapter.\\n * NB Effective until June 30, 2015\\n * § 4401-a. Referral and evaluation for special education services or\\nprograms. 1. Any pupil suspected of having a handicapping condition may\\nbe referred for special education services or programs by the parent or\\nperson in parental relationship, professional staff member of the school\\nwhich the pupil attends or professional staff member of the school\\ndistrict in which the pupil resides, physician, judicial officer, the\\ncommissioner or designee of a public agency, the pupil himself or\\nherself if such pupil is eighteen years of age or older or is an\\nemancipated minor.\\n 2. A referral submitted by an individual other than the pupil, the\\npupil's parent or person in parental relationship or a judicial officer\\nshall:\\n a. state the reasons in writing for the referral and include any test\\nresults, records or reports upon which the referral is based unless such\\ntest results, records or reports are unavailable;\\n b. describe in writing, intervention services programs or\\ninstructional methodologies to remediate the pupil's performance prior\\nto referral including any supplementary aids or support services\\nprovided for this purpose or state the reason why no such attempts were\\nmade; and\\n c. describe the extent of contact or involvement prior to the referral\\nwith the parent or person in parental relationship.\\n 3. A referral submitted by a parent, a person in parental relationship\\nor the pupil, shall be submitted in writing to the chairperson of the\\ncommittee on special education or the building administrator of the\\nschool which the pupil attends or is eligible to attend. If such\\nreferral is submitted to the building administrator, the building\\nadministrator shall forward a copy to the chairperson of the committee\\non special education. If such referral is submitted to the chairperson\\nof the committee such chairperson shall forward a copy of such referral\\nto the building administrator of the school which the pupil attends or\\nis eligible to attend. A referral submitted by any other individual\\nshall be submitted in writing to the chairperson of the committee on\\nspecial education or the building administrator of the school which the\\npupil attends or is eligible to attend. The building administrator may\\nrequest a meeting with the parent, person in parental relationship to\\nthe pupil and/or the pupil for the purpose of discussing educational\\nalternatives to special education. Such alternatives may include the\\nprovision of educationally related support services or any other\\nservices designed to address the learning needs of the student and\\nmaintain a child's placement in general education with the provision of\\nappropriate educational and support services. Nothing contained in this\\nsection shall in any way impede a committee on special education from\\ncontinuing its duties and functions under this article with regard to a\\npupil referred for special education or a parent's access to the\\ncommittee, except that, if the parent concurs in writing with the\\nbuilding administrator to the provision of educational alternatives to\\nspecial education, the referral shall be deemed withdrawn.\\n 4. The individual evaluation of the educational needs of a pupil\\nreferred to the committee on special education shall be conducted by\\nqualified individuals, in accordance with regulations of the\\ncommissioner, with the results of such evaluation forwarded to the\\ncommittee on special education and the pupil's parent or person in\\nparental relationship.\\n 5. Special education services and programs shall be provided after the\\nappropriateness of the resources of the regular education program,\\nincluding educationally related support service, speech and language\\nimprovement services and remedial instruction, have been considered.\\nEach school district shall develop a plan and policies for implementing\\nschool wide approaches and prereferral interventions in order to\\nimplement the provisions of this subdivision.\\n 6. If the committee on special education has determined that placement\\nin special education services or programs is not appropriate for the\\nchild under consideration, a copy of the committee's recommendation and\\npertinent information supporting such recommendation shall be forwarded\\nto the building administrator of the school which the child attends and\\nto the parent or person in parental relationship to the child. The\\nbuilding administrator shall determine which educationally related\\nsupport services, speech and language improvement services and\\nadditional educational services should be provided to the child in order\\nto assist the child to benefit from a program of regular education and,\\nto the extent available, shall assure that those services are provided.\\nNothing contained in this subdivision shall be construed to limit the\\nright of the parent, a person in parental relationship to the pupil or\\nthe pupil to make a referral or to appeal the recommendation of the\\ncommittee on special education in accordance with the provisions\\ncontained in section forty-four hundred four of this chapter.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4402", "title" : "Duties of school districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2015-04-24", "2015-07-03", "2015-07-10", "2015-07-17", "2016-04-08", "2016-07-08", "2017-04-21", "2017-07-07", "2017-08-18", "2017-12-01", "2018-03-02", "2018-04-27", "2018-07-06", "2019-04-19", "2019-07-05", "2019-12-20", "2021-07-30", "2021-09-03", "2022-04-22", "2022-07-29", "2022-08-19", "2023-04-07", "2023-09-15", "2024-04-26", "2024-05-31", "2024-07-05", "2024-07-12", "2025-05-16", "2025-07-04", "2026-06-05" ], "docLevelId" : "4402", "activeDate" : "2014-09-22", "sequenceNo" : 1322, "repealedDate" : null, "fromSection" : "4402", "toSection" : "4402", "text" : " § 4402. Duties of school districts. 1. * a. The board of education or\\ntrustees of each school district and the city school district of the\\ncity of New York shall, under regulations prescribed by the commissioner\\nand approved by the regents of the university, identify, locate and\\nevaluate in accordance with this section all students with disabilities\\nin such district who are in need of special education, including\\nchildren with disabilities who are homeless children or are wards of the\\nstate as defined in the regulations of the commissioner and, consistent\\nwith section thirty-six hundred two-c of this chapter, students who\\nattend nonpublic schools within such school district, and shall maintain\\na register containing the name of each child with a disability who\\nresides in the district, the nature of such child's disability, the\\neducational placement and setting, if any, of such child, and any other\\nstudent-specific data required to comply with federal law or\\nregulations.\\n * NB Effective until June 30, 2015\\n * a. The board of education or trustees of each school district and\\nthe city school district of the city of New York shall ascertain under\\nregulations prescribed by the commissioner and approved by the regents\\nof the university, the number of children with handicapping conditions\\nin such district under the age of twenty-one years and the nature of the\\nhandicapping condition of each such child in accordance with the\\nprovisions of this section, and shall maintain a register containing the\\nname of each child with a handicapping condition who resides in the\\ndistrict, the nature of such child's handicapping condition, the\\neducational placement and setting, if any, of such child.\\n * NB Effective June 30, 2015\\n b. (1) The board of education or trustees of each school district\\nshall establish committees and/or subcommittees on special education as\\nnecessary to ensure timely evaluation and placement of pupils. The board\\nof education of the city school district of the city of New York, shall\\nestablish at least one committee on special education in each of its\\ncommunity school districts, provided that appointments to the community\\nschool district committees shall be made upon the approval of the\\ncommunity school board except that the board of education of the city\\nschool district of the city of New York, may establish one committee to\\nserve more than one community school district, in which case,\\nappointments thereto shall be made upon the joint approval of the\\naffected community school boards; provided, however, that prior to such\\nconsolidation, the board shall consider the relative caseload of the\\ncommittee on special education in each affected community school\\ndistrict, including but not limited to the following factors: the number\\nof students evaluated by such committee; the number of referrals to\\nspecial education in such community school district; the ability to\\ncomply with mandated paperwork and timelines; and other issues which the\\nboard deems pertinent.\\n (a) Such committees shall be composed of at least the following\\nmembers: (i) the parents or persons in parental relationship to the\\nstudent; (ii) one regular education teacher of the student whenever the\\nstudent is or may be participating in the regular education environment;\\n(iii) one special education teacher of the student, or, if appropriate,\\na special education provider of the student; (iv) a school psychologist;\\n(v) a representative of such school district who is qualified to provide\\nor administer or supervise special education and is knowledgeable about\\nthe general curriculum and the availability of resources of the school\\ndistrict; (vi) an individual who can interpret the instructional\\nimplications of evaluation results; (vii) a school physician; (viii) an\\nadditional parent, residing in the school district or a neighboring\\nschool district, of a student with a disability, of a student who has\\nbeen declassified and is no longer eligible for an individualized\\neducation program (IEP), or a parent of a disabled child who has\\ngraduated, for a period of five years beyond the student's\\ndeclassification or graduation, provided such parent shall not be\\nemployed by or under contract with the school district, and provided\\nfurther that such additional parent shall not be a required member if\\nthe parents request that such additional parent member not participate;\\n(ix) such other persons having knowledge or special expertise regarding\\nthe student as the school district or the parents or persons in parental\\nrelationship to the student shall designate, to the extent required\\nunder federal law; and (x) if appropriate, the student.\\n * (b) In determining the composition of such committee pursuant to\\nclause (a) of this subparagraph, a school district may determine that a\\nmember appointed pursuant to one of subclause (ii), (iii), (iv), (v) or\\n(ix) of clause (a) of this subparagraph also fulfills the requirement of\\nsubclause (vi) of clause (a) of this subparagraph of a member who is an\\nindividual who can interpret the instructional implications of\\nevaluation results where such individuals are determined by the school\\ndistrict to have the knowledge and expertise to do so and/or that a\\nmember appointed pursuant to subclause (iii) or (iv) of clause (a) of\\nthis subparagraph also fulfills the requirement of subclause (v) of\\nclause (a) of this subparagraph of a member who is a representative of\\nthe school district. The regular education teacher of the student shall\\nparticipate in the development, review and revision of the\\nindividualized education program for the student, to the extent required\\nunder federal law. The school physician need not be in attendance at any\\nmeeting of the committee on special education unless specifically\\nrequested in writing, at least seventy-two hours prior to such meeting\\nby the parents or other person in parental relation to the student in\\nquestion, the student, or a member of the committee on special\\neducation. The parents or persons in parental relation of the student in\\nquestion shall receive proper written notice of their right to have the\\nschool physician attend the meetings of the committee on special\\neducation upon referral of said student to the committee on special\\neducation or whenever such committee plans to modify or change the\\nidentification, evaluation or educational placement of the student. The\\nadditional parent need not be in attendance at any meeting of the\\ncommittee on special education unless specifically requested in writing,\\nat least seventy-two hours prior to such meeting by the parents or other\\nperson in parental relation to the student in question, the student, or\\na member of the committee on special education. The parents or persons\\nin parental relation of the student in question shall receive proper\\nwritten notice of their right to have an additional parent attend any\\nmeeting of the committee regarding the student along with a statement,\\nprepared by the department, explaining the role of having the additional\\nparent attend the meeting. The committee shall invite the appropriate\\nprofessionals most familiar with a student's disability or disabilities\\nto attend any meeting concerning the educational program for such\\nstudent. Except as otherwise provided in this clause or clause (b-1) or\\n(b-2) of this subparagraph, all members of such committee shall attend\\nmeetings of the committee on special education.\\n Members of such committee shall serve at the pleasure of such board\\nand members who are neither employees of nor under contract with such\\ndistrict shall serve without compensation except that such members shall\\nbe entitled to a per diem to defray expenses incurred in such service,\\nprovided, however, that any expense incurred shall be deemed an aidable\\noperating expense for purposes of state aid.\\n * NB Effective until June 30, 2015\\n * (b) In determining the composition of such committee pursuant to\\nclause (a) of this subparagraph, a school district may determine that a\\nmember appointed pursuant to one of subclause (ii), (iii), (iv), (v) or\\n(ix) of clause (a) of this subparagraph also fulfills the requirement of\\nsubclause (vi) of clause (a) of this subparagraph of a member who is an\\nindividual who can interpret the instructional implications of\\nevaluation results where such individuals are determined by the school\\ndistrict to have the knowledge and expertise to do so and/or that a\\nmember appointed pursuant to subclause (iii) or (iv) of clause (a) of\\nthis subparagraph also fulfills the requirement of subclause (v) of\\nclause (a) of this subparagraph of a member who is a representative of\\nthe school district. The regular education teacher of the student shall\\nparticipate in the development, review and revision of the\\nindividualized education program for the student, to the extent required\\nunder federal law. The school physician need not be in attendance at any\\nmeeting of the committee on special education unless specifically\\nrequested in writing, at least seventy-two hours prior to such meeting\\nby the parents or other person in parental relationship to the student\\nin question, the student, or a member of the committee on special\\neducation. The parents or persons in parental relationship of the\\nstudent in question shall receive proper written notice of their right\\nto have the school physician attend the meetings of the committee on\\nspecial education upon referral of said student to the committee on\\nspecial education or whenever such committee plans to modify or change\\nthe identification, evaluation or educational placement of the student.\\nThe additional parent need not be in attendance at any meeting of the\\ncommittee on special education unless specifically requested in writing,\\nat least seventy-two hours prior to such meeting by the parents or other\\nperson in parental relation to the student in question, the student, or\\na member of the committee on special education. The parents or persons\\nin parental relation of the student in question shall receive proper\\nwritten notice of their right to have an additional parent attend any\\nmeeting of the committee regarding the student along with a statement,\\nprepared by the department, explaining the role of having the additional\\nparent attend the meeting. The committee shall invite the appropriate\\nprofessionals most familiar with a student's disability or disabilities\\nto attend any meeting concerning the educational program for such\\nstudent. Members of such committee shall serve at the pleasure of such\\nboard and members who are neither employees of nor under contract with\\nsuch district shall serve without compensation except that such members\\nshall be entitled to a per diem to defray expenses incurred in such\\nservice, provided, however, that any expense incurred shall be deemed an\\naidable operating expense for purposes of state aid.\\n * NB Effective June 30, 2015\\n * (b-1) Notwithstanding any provision of law, rule or regulation to\\nthe contrary, a member of the committee on special education, other than\\nthe parents or persons in parental relation to the student is not\\nrequired to attend a meeting of the team, in whole or in part, if the\\nparent or person in parental relation to the student and the school\\ndistrict agree, in writing, that the attendance of the member is not\\nnecessary because the member's area of the curriculum or related\\nservices is not being modified or discussed at the meeting.\\n * NB Repealed June 30, 2015\\n * (b-2) Notwithstanding any provision of law, rule or regulation to\\nthe contrary, a member of the committee on special education, other than\\nthe parents or persons in parental relation to the student, may be\\nexcused from attending a meeting of the committee, in whole or in part,\\nwhen the meeting involves a modification to or discussion of the\\nmember's area of the curriculum or related services if the parent or\\nperson in parental relation to the student and the school district\\nconsent, in writing, to the excusal and the excused member submits to\\nthe parent or person in parental relation to the student and such\\ncommittee, written input into the development of the individualized\\neducation program, and in particular written input with respect to their\\narea of curriculum or related services prior to the meeting.\\n * NB Repealed June 30, 2015\\n * (b-3) Requests for excusal of a member of the committee as provided\\nfor in clauses (b-1) and (b-2) of this subparagraph, and the written\\ninput as provided for in clause (b-2) of this subparagraph, shall be\\nprovided not less than five calendar days prior to the meeting date, in\\norder to afford the parent or person in parental relation a reasonable\\ntime to review and consider the request. Provided however, that a parent\\nor person in parental relation shall retain the right to request and/or\\nagree with the school district to excuse a member of the special\\neducation committee at any time including where the member is unable to\\nattend the meeting because of an emergency or unavoidable scheduling\\nconflict and the school district submits the written input for review\\nand consideration by the parent or person in parental relation within a\\nreasonable time prior to the meeting and prior to obtaining written\\nconsent of the parent or person in parental relation to such excusal.\\n * NB Repealed June 30, 2015\\n (c) Districts not having available personnel may share the services of\\na local committee on special education with another school district or\\ncontract with a board of cooperative educational services for such\\npersonnel pursuant to regulations of the commissioner. A district having\\na subcommittee on special education may share the services of a local\\ncommittee on special education with another school district, provided\\nthat a representative of such school district who is qualified to\\nprovide or administer or supervise special education and is\\nknowledgeable about the general curriculum and the availability of\\nresources of the school district shall be a member of such committee\\nwhen it convenes on behalf of a student who is a resident of such\\ndistrict.\\n * (d) Boards of education in city school districts in cities having in\\nexcess of one hundred twenty-five thousand inhabitants shall appoint\\nsubcommittees on special education, to the extent necessary to ensure\\ntimely evaluation and placement of students with disabilities. Boards of\\neducation or trustees of any school district outside of a city having a\\npopulation in excess of one hundred twenty-five thousand inhabitants may\\nappoint subcommittees on special education to assist the board of\\neducation in accordance with this clause and the regulations of the\\ncommissioner. The membership of each subcommittee shall include, but not\\nbe limited to, the committee members required by subclauses (i), (ii),\\n(iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a\\nschool psychologist whenever a new psychological evaluation is reviewed\\nor a change to a more restrictive program option, as defined in\\nregulations of the commissioner, is considered. Except when (i) a\\nstudent is considered for initial placement in a special class, or (ii)\\na student is considered for initial placement in a special class outside\\nof the student's school of attendance, or (iii) whenever a student is\\nconsidered for placement in a school primarily serving students with\\ndisabilities or a school outside of the student's district, each\\nsubcommittee may perform the functions for which the committee on\\nspecial education is responsible pursuant to the provisions of this\\nsubdivision. Notwithstanding any other provisions of this clause to the\\ncontrary, attendance of members of a subcommittee may be excused from\\nattendance in the same manner as members of a committee on special\\neducation pursuant to clauses (b-1), (b-2) or (b-3) of this\\nsubparagraph. Each subcommittee shall report annually the status of each\\nstudent with a disability within its jurisdiction to the committee on\\nspecial education, and the subcommittee shall refer to the committee,\\nupon receipt of a written request from the parent or person in parental\\nrelation to a student, any matter in which the parent disagrees with the\\nsubcommittee's recommendation concerning a modification or change in the\\nidentification, evaluation, educational placement or provision of a free\\nappropriate public education to such student. The committee on special\\neducation shall be responsible for oversight and monitoring of the\\nactivities of each subcommittee to assure compliance with the\\nrequirements of applicable and federal law and regulations.\\n * NB Effective until June 30, 2015\\n * (d) Boards of education in city school districts in cities having in\\nexcess of one hundred twenty-five thousand inhabitants shall appoint\\nsubcommittees on special education, to the extent necessary to ensure\\ntimely evaluation and placement of students with disabilities. Boards of\\neducation or trustees of any school district outside of a city having a\\npopulation in excess of one hundred twenty-five thousand inhabitants may\\nappoint subcommittees on special education to assist the board of\\neducation in accordance with this clause and the regulations of the\\ncommissioner. The membership of each subcommittee shall include, but not\\nbe limited to, the committee members required by subclauses (i), (ii),\\n(iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a\\nschool psychologist whenever a new psychological evaluation is reviewed\\nor a change to a more restrictive program option, as defined in\\nregulations of the commissioner, is considered. Except when (i) a\\nstudent is considered for initial placement in a special class, or (ii)\\na student is considered for initial placement in a special class outside\\nof the student's school of attendance, or (iii) whenever a student is\\nconsidered for placement in a school primarily serving students with\\ndisabilities or a school outside of the student's district, each\\nsubcommittee may perform the functions for which the committee on\\nspecial education is responsible pursuant to the provisions of this\\nsubdivision. Each subcommittee shall report annually the status of each\\nstudent with a disability within its jurisdiction to the committee on\\nspecial education, and the subcommittee shall refer to the committee,\\nupon receipt of a written request from the parent or person in parental\\nrelationship to a student, any matter in which the parent disagrees with\\nthe subcommittee's recommendation concerning a modification or change in\\nthe identification, evaluation, educational placement or provision of a\\nfree appropriate public education to such student. The committee on\\nspecial education shall be responsible for oversight and monitoring of\\nthe activities of each subcommittee to assure compliance with the\\nrequirements of applicable and federal law and regulations.\\n * NB Effective June 30, 2015\\n * (2) Such committees or subcommittees shall review at least annually,\\nthe status of each student with a disability and each student thought to\\nbe disabled who is identified pursuant to paragraph a of this\\nsubdivision. Such review shall consider the educational progress and\\nachievement of the student with a disability and the student's ability\\nto participate in instructional programs in regular education.\\n * NB Effective until June 30, 2015\\n * (2) Such committees or subcommittees shall identify, review and\\nevaluate at least annually, the status of each child with a handicapping\\ncondition and each child thought to be handicapped who resides within\\nthe school district. Such review shall consider the educational progress\\nand achievement of the child with a handicapping condition and the\\nchild's ability to participate in instructional programs in regular\\neducation.\\n * NB Effective June 30, 2015\\n (3) The committee or when applicable the subcommittee shall:\\n (a) Obtain, review and evaluate all relevant information, including\\nbut not limited to that presented by the parent, person in parental\\nrelationship and teacher, pertinent to each child suspected of or\\nidentified as having a handicapping condition, including the results of\\na physical examination performed in accordance with sections nine\\nhundred three, nine hundred four and nine hundred five of this chapter\\nand, where determined to be necessary by a school psychologist, an\\nappropriate psychological evaluation performed by a qualified private or\\nschool psychologist, and other appropriate assessments as necessary to\\nascertain the physical, mental, emotional and cultural-educational\\nfactors which may contribute to the suspected or identified handicapping\\ncondition, and all other school data which bear on the child's progress,\\nincluding, where appropriate, observation of classroom performance.\\n * (b) (i) Make recommendations based upon a written evaluation setting\\nforth the reasons for the recommendations, to the child's parent or\\nperson in parental relation and board of education or trustees as to\\nappropriate educational programs and placement in accordance with the\\nprovisions of subdivision six of section forty-four hundred one-a of\\nthis article, and as to the advisability of continuation, modification,\\nor termination of special class or program placements which evaluation\\nshall be furnished to the child's parent or person in parental relation\\ntogether with the recommendations provided, however that the committee\\nmay recommend a placement in a school which uses psychotropic drugs only\\nif such school has a written policy pertaining to such use that is\\nconsistent with subdivision four-a of section thirty-two hundred eight\\nof this chapter and that the parent or person in parental relation is\\ngiven such written policy at the time such recommendation is made. If\\nsuch recommendation is not acceptable to the parent or person in\\nparental relation, such parent or person in parental relation may appeal\\nsuch recommendation as provided for in section forty-four hundred four\\nof this chapter.\\n (ii) Notwithstanding any provisions of this clause or clause (a) of\\nthis subparagraph to the contrary, in making changes to a student's\\nindividualized education program after the annual review has been\\nconducted, the parent or person in parental relation to the student and\\nthe school district may agree not to convene a meeting of the committee\\non special education for the purpose of making those changes, and\\ninstead may develop a written document to amend or modify the student's\\ncurrent individualized education program under the following\\ncircumstances:\\n (A) The parent or person in parental relation makes a request to the\\nschool district for an amendment to the individualized education program\\nand the school district and such parent or person in parental relation\\nagree in writing; or\\n (B) The school district provides the parent or person in parental\\nrelation with a written proposal to amend a provision or provisions of\\nthe individualized education program that is conveyed in language\\nunderstandable to the parent or person in parental relation in such\\nparent's or such person's native language or other dominate mode of\\ncommunication, informs and allows the parent or person in parental\\nrelation the opportunity to consult with the appropriate personnel or\\nrelated service providers concerning the proposed changes and the parent\\nor person in parental relation agrees in writing to such amendments.\\n (C) If the parent or person in parental relation agrees to amend the\\nindividualized education program without a meeting, the parent or person\\nin parental relation shall be provided prior written notice of the\\nchanges to the individualized education program resulting from such\\nwritten document and the special education committee shall be notified\\nof such changes. If the school district makes such changes by rewriting\\nthe entire individualized education program, it shall provide the parent\\nor person in parental relation with a copy of the rewritten\\nindividualized education program. If the school district amends the\\nindividualized education program without rewriting the entire document,\\nthe school district shall provide the parent or person in parental\\nrelation with a copy of the document that amends or modifies the\\nindividualized education program or, upon request of the parent or\\nperson in parental relation, a revised copy of the individualized\\neducation program with the amendments incorporated.\\n Amendments to an individualized education program pursuant to this\\nsubitem shall not affect the requirement that the special education\\ncommittee review the individualized education program at the annual\\nmeeting, or more often if necessary.\\n * NB Effective until June 30, 2015\\n * (b) Make recommendations based upon a written evaluation setting\\nforth the reasons for the recommendations, to the child's parent or\\nperson in parental relationship and board of education or trustees as to\\nappropriate educational programs and placement in accordance with the\\nprovisions of subdivision six of section forty-four hundred one-a of\\nthis article, and as to the advisability of continuation, modification,\\nor termination of special class or program placements which evaluation\\nshall be furnished to the child's parent or person in parental\\nrelationship together with the recommendations provided, however that\\nthe committee may recommend a placement in a school which uses\\npsychotropic drugs only if such school has a written policy pertaining\\nto such use and that the parent or person in parental relationship is\\ngiven such written policy at the time such recommendation is made. If\\nsuch recommendation is not acceptable to the parent or person in\\nparental relationship, such parent or person in parental relationship\\nmay appeal such recommendation as provided for in section forty-four\\nhundred four of this chapter.\\n * NB Effective June 30, 2015\\n (c) Provide written prior notice to the parents or person in parental\\nrelationship of the child upon receipt of referral for evaluation or\\nwhenever such committee plans to continue, modify or change the\\nidentification, evaluation, or educational placement of the child or the\\nprovision of a free appropriate public education to the child and advise\\nthe parent of or person in parental relationship to the child of his or\\nher opportunity to address the committee, either in person or in\\nwriting, on the appropriateness of the committee's recommendations on\\nprogram placements to be made to the board of education or trustees.\\nSuch notice shall, where a child has been placed in a residential\\nprogram by a committee on special education, or has been determined to\\nbe at risk of such a placement pursuant to subparagraph four of\\nparagraph b of subdivision one of section forty-four hundred two of this\\narticle, also notify the parent or other person in parental relationship\\nthat the child is not entitled to receive free educational services or\\nto remain in a residential educational program after the age of\\ntwenty-one, the receipt of a high school diploma or the time described\\nin subdivision five of this section.\\n * (d) Advise the board of education or trustees concerning the\\nfrequency and nature of periodic reevaluations of students with\\ndisabilities by appropriate specialists, provided, however, that each\\nstudent in a special program or a special class shall be reevaluated by\\nqualified appropriate school personnel at least once every three years,\\nexcept where the school district and the parent or person in parental\\nrelation to the student agree in writing that such a reevaluation is\\nunnecessary. A reevaluation of a student with a disability shall be\\nconducted by qualified individuals, in accordance with regulations of\\nthe commissioner consistent with the requirements of a reevaluation as\\ndefined by the applicable federal regulation. A reevaluation may not be\\nconducted more than once a year unless the parent or person in parental\\nrelation to the student and the school district otherwise agree.\\n * NB Effective until June 30, 2015\\n * (d) Advise the board of education or trustees concerning the\\nfrequency and nature of periodic reevaluations of students with\\ndisabilities by appropriate specialists, provided, however, that each\\nstudent in a special program or a special class shall be reevaluated by\\nqualified appropriate school personnel at least once every three years.\\nA reevaluation of a student with a disability shall be conducted by\\nqualified individuals, in accordance with regulations of the\\ncommissioner consistent with the requirements of a reevaluation as\\ndefined by the applicable federal regulation.\\n * NB Effective June 30, 2015\\n (d-1) Each school district shall develop policies, pursuant to\\nregulations of the commissioner, to provide special services or\\nprograms, to the extent appropriate to the needs of the child, to enable\\nthe child to be involved in and progress in the general education\\ncurriculum.\\n (d-2) Each school district shall develop plans and policies, pursuant\\nto regulations of the commissioner, for the appropriate declassification\\nof pupils served under this article. Such regulations shall provide for\\nthe regular consideration for declassifying students when appropriate,\\nand the provision of educational and support services to the child upon\\ndeclassification.\\n (e) Make, or have made, periodic evaluations of the adequacy of\\nprograms, services and facilities for children with handicapping\\nconditions.\\n (f) Report periodically, but at least annually, to the board of\\neducation or trustees on the status of programs, services, and\\nfacilities made available by the school district in accordance with the\\nprovisions of subdivision eight of section thirty-six hundred two of\\nthis chapter. Such reports shall be kept on file for inspection by the\\ncommissioner.\\n (g) Provide for the transmittal of information by the board of\\neducation, including such test results and evaluations as the committee\\nmay have collected, to the home district of the child with a\\nhandicapping condition in cases where the home school district has\\ncontracted for the child's education with another school district or\\nboard of cooperative educational services.\\n (h) Provide the form developed pursuant to subdivision fifteen of\\nsection three hundred fifty-three of the executive law to the parent or\\nperson in parental relation of a child designated by the committee as\\neither disabled or emotionally disturbed.\\n (i) Provide, to the extent appropriate to the individual needs of the\\nstudent with a disability that such student is educated in a setting\\nwith students who are nondisabled.\\n * (i) In accordance with the regulations of the commissioner and\\nsubsection (k) of section fourteen hundred fifteen of title twenty of\\nthe United States code and the implementing federal regulations, to\\ndevelop a functional behavioral assessment plan, to review, or revise,\\nas appropriate, a behavioral intervention plan, to develop appropriate\\nbehavioral interventions and to review and revise, as appropriate, the\\nimplementation of a behavioral intervention plan, to address the\\nbehavior of a student with a disability who is alleged to have engaged\\nin misconduct, to the extent required by federal law and regulations.\\n * NB Effective June 30, 2015\\n * (j) In accordance with the regulations of the commissioner and\\nsubsection (k) of section fourteen hundred fifteen of title twenty of\\nthe United States code and the implementing federal regulations, to\\nconduct a functional behavioral assessment, to review, or revise, as\\nappropriate or necessary, and implement a behavioral intervention plan,\\nto develop appropriate behavioral interventions and to review and\\nrevise, as appropriate or necessary, the implementation of a behavioral\\nintervention plan, to address the behavior of a student with a\\ndisability who is alleged to have engaged in misconduct, to the extent\\nrequired by federal law and regulations.\\n * NB Effective until June 30, 2015\\n * (j) In accordance with the regulations of the commissioner and\\nsubsection (k) of section fourteen hundred fifteen of title twenty of\\nthe United States code and the implementing federal regulations, to\\nconduct a review to determine whether behavior of a student with a\\ndisability which violates the applicable school rules or code of conduct\\nand results in a change in placement under federal law, including but\\nnot limited to placement in an interim alternative educational setting\\npursuant to clause (iv) or (vii) of subparagraph three of paragraph g of\\nsubdivision three of section thirty-two hundred fourteen of this\\nchapter, was a manifestation of the student's disability, provided that\\nother qualified school district personnel may participate in such\\nreview.\\n * NB Effective June 30, 2015\\n * (k) In accordance with the regulations of the commissioner and\\nsubsection (k) of section fourteen hundred fifteen of title twenty of\\nthe United States code and the implementing federal regulations, to\\ndetermine the setting and services to be provided in the interim\\nalternative educational setting for a student with a disability who\\ncarries or possesses a weapon to or at school, on school premises, or to\\nor at a school function or knowingly possesses or uses illegal drugs or\\nsells or solicits the sale of a controlled substance while at school or\\na school function or who has inflicted serious bodily injury upon\\nanother person as defined in federal law and the setting and services to\\nbe provided to a student with a disability in an interim alternative\\neducational setting or other setting who is removed because of behavior\\nthat has been determined not to be a manifestation of the student's\\ndisability.\\n * NB Effective until June 30, 2015\\n * (k) In accordance with the regulations of the commissioner and\\nsubsection (k) of section fourteen hundred fifteen of title twenty of\\nthe United States code and the implementing federal regulations, to\\ndetermine the services to be provided in the interim alternative\\neducational placement for a student with a disability who carries or\\npossesses a weapon to or at school, on school premises, or to or at\\nschool function or knowingly possesses or uses illegal drugs or sells or\\nsolicits the sale of a controlled substance while at school or a school\\nfunction and the services to be provided to a student with a disability\\nwho is removed because of behavior that has been determined not to be a\\nmanifestation of the student's disability.\\n * NB Effective June 30, 2015\\n (l) In accordance with the regulations of the commissioner and the\\nprovisions of subsection (k) of section fourteen hundred fifteen of\\ntitle twenty of the United States code, and the implementing federal\\nregulations, to conduct expedited evaluations under the circumstances\\nspecified in such federal law and regulations and to conduct such\\nreviews and make such determinations regarding students presumed to have\\na disability for discipline purposes as defined in subdivision three of\\nsection thirty-two hundred fourteen of this chapter as are required\\nunder the federal individuals with disabilities education act and\\nimplementing regulations.\\n (3-a) The members of the committee or subcommittee may compile a list\\nof appropriate and/or helpful services that may be available outside of\\nthe school setting to provide the parents or person in parental relation\\nof a child with a disability with such information. Such list shall\\nclearly state that these services are in addition to services supplied\\nby the school district and will not be paid for by the school district.\\nAny member of a committee or subcommittee or his or her respective\\nschool district who, acting reasonably and in good faith, provides such\\ninformation shall not be liable for such action.\\n (4) (a) When the committee on special education of a local school\\ndistrict determines that a child who is living in his or her own home is\\nat risk of a future placement in a residential school, as determined in\\naccordance with guidelines established by the department pursuant to\\nsubdivision nineteen of section forty-four hundred three of this\\narticle, the committee shall provide the parent or other person in\\nparental relationship with information, where such information has been\\nmade available to the committee, about the community support services\\nthat may be available to the family, including an assessment of the\\nfamily's community support services needs in accordance with such\\nguidelines and, where such an assessment is available, the name and\\naddress of the agency which can perform the assessment.\\n * (b) When the committee on special education of a local school\\ndistrict determines that a child who is receiving foster care is at risk\\nof a future placement in a residential school, the committee, with the\\nconsent of the parent or person in parental relation or the student, if\\nhe or she is over the age of eighteen, shall notify the social services\\ndistrict responsible for the child of its determination that the child\\nis at risk of placement.\\n * NB Effective until June 30, 2015\\n * (b) When the committee on special education of a local school\\ndistrict determines that a child who is receiving foster care is at risk\\nof a future placement in a residential school, the committee shall\\nnotify the social services district responsible for the child of its\\ndetermination that the child is at risk of placement.\\n * NB Effective June 30, 2015\\n * (c) The committee on special education, with the consent of the\\nparent or person in parental relation or the student, if he or she is\\nover the age of eighteen, shall request in writing a designee of the\\nappropriate county or state agency to participate, in accordance with\\nguidelines established by the department, in any proceeding of the\\ncommittee where a child is at risk of residential placement. The\\ncommittee shall forward a copy of any such request to the office of\\nmental retardation and developmental disabilities and the office of\\nmental health. A designee or designees of the agency may participate in\\nany such proceeding for the purpose of making recommendations concerning\\nthe appropriateness of residential placement and other programs and\\nplacement alternatives, including, but not limited to, community support\\nservices that may be available to the family. Such designee or designees\\nshall not be considered members of the committee. Such designee or\\ndesignees shall include, but not be limited to, representatives of any\\nagency receiving coordinated children's services initiative funding as\\nreferenced in the aid to localities budget, of a local interagency\\ncoordinating body, of the social services district, the local mental\\nhealth agency, or health department, or of the developmental\\ndisabilities service office, as appropriate. The name of such designee\\nor designees, if any, shall be made available to each committee on\\nspecial education in the county. In addition, with the consent of the\\nparent or other person in parental relation, the committee may confer\\nwith other appropriate providers of services to identify any services\\nthat may be of benefit to the family based on the family's\\nidentification of or the committee's observation of family services\\nneeds. As used in this chapter, the term \"county\" means county as\\ndefined in section four thousand one of this article, and the term\\n\"appropriate agency\" means one of the following agencies:\\n (i) a local interagency body capable of performing a multidisciplinary\\nassessment of the family's community support services needs; or\\n (ii) if no such agency exists in the locality, any county agency which\\nis receiving state coordinated children's services initiative funding as\\nreferenced in the aid to localities budget; or\\n (iii) where neither such agency exists in the locality, either the\\narea developmental disabilities services office, where the primary\\nreason the child is at risk of placement relates to mental retardation\\nor a developmental disability, or the local mental health agency, where\\nthe primary reason the child is at risk of placement relates to any\\nother mental disability.\\n * NB Effective until June 30, 2015\\n * (c) The committee on special education shall request in writing a\\ndesignee of the appropriate county or state agency to participate, in\\naccordance with guidelines established by the department, in any\\nproceeding of the committee where a child is at risk of residential\\nplacement. The committee shall forward a copy of any such request to the\\noffice of mental retardation and developmental disabilities and the\\noffice of mental health. A designee or designees of the agency may\\nparticipate in any such proceeding for the purpose of making\\nrecommendations concerning the appropriateness of residential placement\\nand other programs and placement alternatives, including, but not\\nlimited to, community support services that may be available to the\\nfamily. Such designee or designees shall not be considered members of\\nthe committee. Such designee or designees shall include, but not be\\nlimited to, representatives of any agency receiving coordinated\\nchildren's services initiative funding as referenced in the aid to\\nlocalities budget, of a local interagency coordinating body, of the\\nsocial services district, the local mental health agency, or health\\ndepartment, or of the developmental disabilities service office, as\\nappropriate. The name of such designee or designees, if any, shall be\\nmade available to each committee on special education in the county. In\\naddition, with the consent of the parent or other person in parental\\nrelationship, the committee may confer with other appropriate providers\\nof services to identify any services that may be of benefit to the\\nfamily based on the family's identification of or the committee's\\nobservation of family services needs. As used in this chapter, the term\\n\"county\" means county as defined in section four thousand one of this\\narticle, and the term \"appropriate agency\" means one of the following\\nagencies:\\n (i) a local interagency body capable of performing a multidisciplinary\\nassessment of the family's community support services needs; or\\n (ii) if no such agency exists in the locality, any county agency which\\nis receiving state coordinated children's services initiative funding as\\nreferenced in the aid to localities budget; or\\n (iii) where neither such agency exists in the locality, either the\\narea developmental disabilities services office, where the primary\\nreason the child is at risk of placement relates to mental retardation\\nor a developmental disability, or the local mental health agency, where\\nthe primary reason the child is at risk of placement relates to any\\nother mental disability.\\n * NB Effective June 30, 2015\\n (d) Nothing in this subparagraph shall be construed to establish an\\nentitlement to or constitute a determination of eligibility for any such\\nassessment or services, or to require the school district to pay the\\ncosts of such assessment or services or to require that such services be\\nreflected in the plan of educational services and programs recommended\\nor approved for the child, or to limit educational services to be made\\navailable to the child or to justify the denial, reduction, or delay of\\nsuch services to the child. No cause of action for damages shall arise\\nin favor of any person by reason of any failure to comply with the\\nprovisions of this section except upon a showing of gross negligence or\\nwillful misconduct.\\n (e) Notwithstanding any inconsistent provision of law, residential\\nschools are authorized to provide temporary care for persons over age\\ntwenty-one who are receiving transitional care as described in section\\n7.37-a or 13.37-a of the mental hygiene law, or on whose behalf\\ntemporary payments are being made pursuant to sections 7.38 or 13.38 of\\nthe mental hygiene law, where such persons were in the care of the\\nresidential school at the time of their twenty-first birthday and such\\npersons have remained continuously in the care of the residential school\\nsince their twenty-first birthday.\\n (f) Notwithstanding any inconsistent provision of law, in any case\\nwhere an individual receiving transitional care is about to be\\ntransferred from a residential school to an adult placement, a transfer\\nplan shall be prepared by the sending facility and forwarded to the\\nreceiving facility, the individual and, unless the individual objects,\\nthe parents, guardian or other family members prior to the transfer. The\\ntransfer plan shall include any information necessary to facilitate a\\nsafe transfer, such as specific problems, a schedule for administering\\nmedications and behavior unique to the individual.\\n (5) The committee on special education or, in the case of a state\\noperated school, the multidisciplinary team shall provide written notice\\nthat a child who is placed in those residential programs specified in\\nparagraphs d, g, h and l of subdivision two of section forty-four\\nhundred one of this article is not entitled to receive tuition free\\neducational services after the age of twenty-one, the receipt of a high\\nschool diploma or the time described in subdivision five of this\\nsection. Such written notice shall be provided to the child and to the\\nparents or legal guardian of such child when such child attains the age\\nof eighteen or, if such child is over the age of eighteen when placed in\\nsuch a residential program, at the time of placement. Upon the first\\nannual review after the age of fifteen of a child who is receiving\\nnon-residential special services or programs as specified in paragraph\\na, b, c, d, e, f, i, j, l or m of subdivision two of section forty-four\\nhundred one of this article, or is receiving special services or\\nprograms in a day program at the human resources school; is receiving\\nsuch special services or programs one hundred per centum of the school\\nday; is receiving individualized attention or intervention because of\\nintensive management needs or a severe handicap; and, as determined by\\nthe committee on special education or multidisciplinary team pursuant to\\nregulations promulgated by the commissioner, may need adult services\\nfrom the office of mental health, office of mental retardation and\\ndevelopmental disabilities, the state department of social services, a\\nsocial services district, or the state education department, the\\ncommittee or multidisciplinary team shall provide to such child's parent\\nor guardian, and if such child is eighteen years of age or older, to the\\nchild, written notice that such child is not entitled to receive tuition\\nfree educational services after the receipt of a high school diploma,\\nthe age of twenty-one or the time described in subdivision five of this\\nsection.\\n (a) Written notice given pursuant to this subparagraph shall describe\\nin detail the opportunity to consent to have the child's name and other\\nrelevant information forwarded in a report to the commissioner of mental\\nhealth, commissioner of mental retardation and developmental\\ndisabilities, commissioner of social services, or commissioner of\\neducation, or their designees, for the purpose of determining whether\\nsuch child will likely need adult services and, if so, recommending\\npossible adult services. For the purposes of this subparagraph \"relevant\\ninformation\" shall be defined as that information in the possession of\\nand used by the committee or the multidisciplinary team to ascertain the\\nphysical, mental, emotional and cultural-educational factors which\\ncontribute to the child's handicapping condition, including but not\\nlimited to: (i) results of physical and psychological examinations\\nperformed by private and school district physicians and psychologists;\\n(ii) relevant information presented by the parent, guardian and teacher;\\n(iii) school data which bear on the child's progress including the\\nchild's most recent individualized education program; (iv) results of\\nthe most recent examinations and evaluations performed pursuant to\\nclause (d) of subparagraph three of this paragraph; and (v) results of\\nother suitable evaluations and examinations possessed by the committee\\nor multidisciplinary team. Nothing in this subparagraph shall be\\nconstrued to require any committee or multidisciplinary team to perform\\nany examination or evaluation not otherwise required by law.\\n (b) Upon consent obtained pursuant to clause (c) of this subparagraph,\\nthe committee or multidisciplinary team shall forward the child's name\\nand other relevant information in a report to the commissioner of mental\\nhealth, commissioner of mental retardation and developmental\\ndisabilities, commissioner of social services, or commissioner of\\neducation, or their designees, for the development of a recommendation\\nfor adult services pursuant to section 7.37 or 13.37 of the mental\\nhygiene law, section three hundred ninety-eight-c of the social services\\nlaw or subdivision ten of section forty-four hundred three of this\\narticle. The committee or multidisciplinary team shall determine which\\ncommissioner shall receive the report by considering the child's\\nhandicapping condition and physical, mental, emotional and social needs.\\nThe committee shall forward additional and updated relevant information\\nto the commissioner of mental health, commissioner of mental retardation\\nand developmental disabilities, commmissioner of social services, or\\ncommissioner of education, or their designees, upon the request for such\\ninformation by such commissioner or designee.\\n (c) Upon receipt of the notice by the child pursuant to this\\nsubparagraph, the child, if eighteen years of age or older, shall be\\ngiven the opportunity to consent or withhold consent to the release of\\nthe relevant information. Such opportunity shall be given within twenty\\ndays of the receipt of the notice. An appropriate member of the staff of\\nthe educational facility shall be available to assist the child, if\\nnecessary, to understand the contents of the notice and the need for his\\nor her consent for the release of the relevant information. A form,\\nprescribed by the commissioner, shall be presented to the child for\\nresponse, which shall clearly set forth the options of giving consent or\\nwithholding consent. In the event that the child exercises neither\\noption, and the designated member of the staff of the educational\\nfacility has reason to believe that the child may not be able to\\nunderstand the purpose of the form, or in the event that the child is\\nless than eighteen years of age, the committee on special education or\\nthe multidisciplinary team shall give the parent or guardian of the\\nchild the opportunity to consent in writing to the release of the\\nrelevant information. Nothing in this clause shall be construed to be a\\ndetermination of the child's mental capacity.\\n (d) When the committee or multidisciplinary team is notified by the\\ncommissioner who received the report that such state agency is not\\nresponsible for determining and recommending adult services for the\\nchild, the committee or multidisciplinary team shall forward the report\\nto another commissioner; or, if the committee or multidisciplinary team\\ndetermines that there exists a dispute as to which state agency has the\\nresponsibility for determining and recommending adult services, the\\ncommittee or multidisciplinary team may forward the report to the\\ncouncil on children and families for a resolution of such dispute.\\n (e) The committee and multidisciplinary team shall prepare and submit\\nan annual report to the state education department on or before October\\nfirst of each year. Such annual report shall contain the number of cases\\nsubmitted to each commissioner pursuant to clause (b) or (d) of this\\nsubparagraph, the type and severity of the handicapping condition\\ninvolved with each such case, the number of notices received which deny\\nresponsibility for determining and recommending adult services, and\\nother information necessary for the state education department and the\\ncouncil on children and families to monitor the need for adult services.\\nSuch annual report shall not contain individually identifying\\ninformation. The state education department shall forward a copy of such\\nannual report to the council on children and families. All information\\nreceived by the council on children and families pursuant to this\\nsubparagraph shall be subject to the confidentiality requirements of the\\ndepartment.\\n (f) For purposes of this subparagraph, the term \"multidisciplinary\\nteam\" refers to the unit which operates in lieu of a committee on\\nspecial education with respect to children in state operated schools.\\n (7) The committee on special education shall provide a copy of the\\nhandbook for parents of children with handicapping conditions\\nestablished under subdivision eight of section four thousand four\\nhundred three of this article or a locally approved handicapped booklet\\nto the parents or person in parental relationship to a child as soon as\\npracticable after such child has been referred for evaluation to the\\ncommittee on special education.\\n 2. a. The board of education or trustees of each school district shall\\nbe required to furnish suitable educational opportunities for students\\nwith disabilities by one of the special services or programs listed in\\nsubdivision two of section forty-four hundred one of this article. The\\nneed of the individual child shall determine which of such services\\nshall be rendered. Each district shall provide to the maximum extent\\nappropriate such services in a manner which enables students with\\ndisabilities to participate in regular education services when\\nappropriate. Such services or programs shall be furnished between the\\nmonths of September and June of each year, except that for the nineteen\\nhundred eighty-seven--eighty-eight school year and thereafter, with\\nrespect to the students whose disabilities are severe enough to exhibit\\nthe need for a structured learning environment of twelve months duration\\nto maintain developmental levels, the board of education or trustees of\\neach school district upon the recommendation of the committee on special\\neducation shall also provide, either directly or by contract, for the\\nprovision of special services and programs as defined in section\\nforty-four hundred one of this article during the months of July and\\nAugust as contained in the individualized education program for each\\neligible student, and with prior approval by the commissioner if\\nrequired; provided that a student with a disability who is eligible for\\nservices, including services during the months of July and August,\\npursuant to section forty-four hundred ten of this article shall not be\\neligible to receive services pursuant to this paragraph during the\\nmonths of July and August.\\n b. (1) Provided, however, that in each school district the board of\\neducation or trustees of such district are hereby authorized and\\nempowered to contract for such special services or programs as such\\nboard shall deem reasonable and appropriate for such handicapped\\nchildren after consideration of the recommendations of the local\\ncommittee on special education and the hearing officer if a hearing is\\nheld pursuant to section forty-four hundred four of this chapter and,\\nwhere specified in subparagraph two of this paragraph, with the approval\\nof the commissioner after a finding by him that no appropriate special\\nservices or programs specified in paragraphs a through d and k of\\nsubdivision two of section forty-four hundred one are available.\\n (2) The board shall select the most reasonable and appropriate special\\nservice or program for such children from those programs specified in\\nparagraphs a, b, c, e, f, g, h, i, k, l and m of subdivision two of\\nsection forty-four hundred one of this article upon receipt of the\\nrecommendation of the committee on special education. All contracts with\\nschools pursuant to the provisions of paragraphs d, e, f, g, h, l and m\\nof subdivision two of section forty-four hundred one of this article\\nshall be subject to the approval of the commissioner. All contracts\\nunder paragraph c of subdivision two of section forty-four hundred one\\nshall be made in accordance with the provisions of subdivision four of\\nsection nineteen hundred fifty of this chapter. No child shall be placed\\nin a residential school nor shall a board recommend placement in a\\nresidential facility specified in paragraph j of subdivision two of\\nsection forty-four hundred one unless there is no appropriate\\nnonresidential school available consistent with the needs of the child.\\nThe board shall provide written notice of its determination to the\\nparent or legal guardian of such child. If the determination of the\\nboard of education is not consistent with the recommendations of the\\ncommittee on special education, such notice shall include the statement\\nof the reasons for such determination which shall identify the factors\\nconsidered by the committee on special education in its evaluation.\\n (3) If the board cannot secure an appropriate special service within\\nthe state or non-residential program to meet the needs of the child, it\\nshall notify the commissioner.\\n c. Nothing in this section shall be deemed or construed to prohibit a\\ncommittee on special education from recommending a special service or\\nprogram specified in paragraph d of subdivision two of section\\nforty-four hundred one of this chapter or to diminish the power of the\\ncommissioner to make appointments pursuant to such paragraph.\\n * d. 1. Notwithstanding any provision of law, rule or regulation to\\nthe contrary, the board of education or trustees of a school district,\\nexcept a city school district in a city with a population of one million\\nor more inhabitants may, upon written notice to the commissioner in\\ncompliance with subparagraph two of this paragraph and parental\\nnotification, for the remainder of the school year exceed the standards\\nestablished in regulation for special education class sizes for middle\\nand secondary school students as defined by the commissioner for\\npurposes of this section by no more than a twenty percent increase above\\nsuch standards, provided that the district is in compliance with such\\nstandards at the start of classes in September of the school year, and\\nfurther provided that a city school district in a city with a population\\nof one hundred twenty-five thousand or more and less than one million\\ninhabitants shall have the option of either increasing maximum class\\nsizes in any school year pursuant to this section or establishing class\\nsizes for special classes for certain students with disabilities in\\naccordance with the provisions of subdivision six of this section.\\n 2. The notice shall be on a form prescribed by the commissioner, and\\nshall sufficiently demonstrate educational justification and consistency\\nwith continuing an appropriate education for all children affected. The\\ncommissioner may revoke or preempt any increase in class size upon a\\nfinding that increasing class size as proposed would fail to be\\nconsistent with appropriate special education.\\n * NB Repealed July 1, 2015\\n 3. Each school district shall make available a register of public or\\nprivate agencies and other professional resources within the county from\\nwhich a parent or person in parental relationship may obtain an\\nindependent evaluation of the child.\\n 4. a. The board of education or the board of trustees of each school\\ndistrict shall provide suitable transportation to and from special\\nclasses or programs, with the exception of residential facilities for\\nthe care and treatment of children with handicapping conditions under\\nthe jurisdiction of an agency of the state other than the state\\ndepartment of education, as specified in subdivisions two and four of\\nsection forty-four hundred one of this article.\\n b. Such board may permit any adult, willing to serve without\\ncompensation, to act as an attendant for such children.\\n c. Such board shall be empowered to contract for transportation\\nservices provided pursuant to this subdivision with any municipality,\\nBoard of Cooperative Educational Services, public authority or private\\ncontractor meeting the school bus provisions outlined in section\\nthirty-six hundred twenty-three of this chapter and the standards and\\nspecifications relating thereto.\\n d. Notwithstanding any other provision of law, such board shall\\nprovide suitable transportation up to a distance of fifty miles to and\\nfrom a nonpublic school which a child with a handicapping condition\\nattends if such child has been so identified by the local committee on\\nspecial education and such child attends such school for the purpose of\\nreceiving services or programs similar to special educational programs\\nrecommended for such child by the local committee on special education.\\n 5. Notwithstanding any provisions of this article to the contrary or\\nthe provisions of section thirty-two hundred two of this chapter, a\\nchild with a handicapping condition who reaches the age of twenty-one\\nduring (a) the period commencing with the first day of July and ending\\non the thirty-first day of August shall if otherwise eligible, be\\nentitled to continue in a July and August program until the thirty-first\\nday of August or until the termination of the summer program, whichever\\nshall first occur; or (b) the period commencing on the first day of\\nSeptember and ending on the thirtieth day of June shall be entitled to\\ncontinue in such program until the thirtieth day of June or until the\\ntermination of the school year, whichever shall first occur.\\n 6. Notwithstanding any other law, rule or regulation to the contrary,\\nthe board of education of a city school district with a population of\\none hundred twenty-five thousand or more inhabitants shall be permitted\\nto establish maximum class sizes for special classes for certain\\nstudents with disabilities in accordance with the provisions of this\\nsubdivision. For the purpose of obtaining relief from any adverse fiscal\\nimpact from under-utilization of special education resources due to low\\nstudent attendance in special education classes at the middle and\\nsecondary level as determined by the commissioner, such boards of\\neducation shall, during the school years nineteen hundred\\nninety-five--ninety-six through June thirtieth, two thousand fifteen of\\nthe two thousand fourteen--two thousand fifteen school year, be\\nauthorized to increase class sizes in special classes containing\\nstudents with disabilities whose age ranges are equivalent to those of\\nstudents in middle and secondary schools as defined by the commissioner\\nfor purposes of this section by up to but not to exceed one and two\\ntenths times the applicable maximum class size specified in regulations\\nof the commissioner rounded up to the nearest whole number, provided\\nthat in a city school district having a population of one million or\\nmore, classes that have a maximum class size of fifteen may be increased\\nby no more than one student and provided that the projected average\\nclass size shall not exceed the maximum specified in the applicable\\nregulation, provided that such authorization shall terminate on June\\nthirtieth, two thousand. Such authorization shall be granted upon filing\\nof a notice by such a board of education with the commissioner stating\\nthe board's intention to increase such class sizes and a certification\\nthat the board will conduct a study of attendance problems at the\\nsecondary level and will implement a corrective action plan to increase\\nthe rate of attendance of students in such classes to at least the rate\\nfor students attending regular education classes in secondary schools of\\nthe district. Such corrective action plan shall be submitted for\\napproval by the commissioner by a date during the school year in which\\nsuch board increases class sizes as provided pursuant to this\\nsubdivision to be prescribed by the commissioner. Upon at least thirty\\ndays notice to the board of education, after conclusion of the school\\nyear in which such board increases class sizes as provided pursuant to\\nthis subdivision, the commissioner shall be authorized to terminate such\\nauthorization upon a finding that the board has failed to develop or\\nimplement an approved corrective action plan.\\n 7. a. The board of education or trustees of each school district and\\nthe board of trustees of each charter school shall adopt a policy to\\nensure that each regular education teacher, special education teacher,\\nrelated service provider, and other service provider who is responsible\\nfor the implementation of a student's individualized education program\\nshall be given a copy of such student's individualized education program\\nprior to the implementation of such program or shall be able to access\\nsuch student's individualized education program electronically;\\nprovided, however, if the policy provides that the student's\\nindividualized education program is to be accessed electronically, then\\nsuch policy shall also ensure that the individuals responsible for the\\nimplementation of a student's individualized education program shall be\\nnotified and trained on how to access such individualized education\\nprograms electronically.\\n b. Such policy shall require that any copy of a student's\\nindividualized education program provided pursuant to this subdivision\\nshall remain confidential and shall not be redisclosed to any other\\nperson, in compliance with federal and state laws and regulations,\\nincluding the Individuals with Disabilities Education Act and the Family\\nEducational Rights and Privacy Act.\\n c. Such policy shall require the chair of the committee on special\\neducation to designate a professional employee of the school district\\nwith knowledge of the student's disability and education program to,\\nprior to the implementation of the individualized education program,\\ninform each teacher, assistant and support staff person of his or her\\nresponsibility relating to the implementation of the individualized\\neducation program and the specific accommodations, modifications, and\\nsupports that must be provided for the student in accordance with the\\nindividualized education program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4403", "title" : "Duties of education department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2022-07-29", "2023-09-15", "2024-07-05" ], "docLevelId" : "4403", "activeDate" : "2014-09-22", "sequenceNo" : 1323, "repealedDate" : null, "fromSection" : "4403", "toSection" : "4403", "text" : " § 4403. Duties of education department. The state education department\\nshall have power and it shall be its duty: 1. To maintain a statistical\\nsummary of the number of handicapped children who reside within the\\nstate and the nature of their handicaps and to use all means and\\nmeasures necessary to adequately meet the physical and educational needs\\nof such children, as provided by law.\\n 2. To stimulate all private and public efforts designed to relieve,\\ncare for or educate children with handicapping conditions and to\\ncoordinate such efforts with the work and function of governmental\\nagencies.\\n 3. To formulate such rules and regulations pertaining to the physical\\nand educational needs of such children as the commissioner of education\\nshall deem to be in their best interests. In the city school district of\\nthe city of New York in complying with any rules or regulations\\npromulgated under this section relating to maximum group size, other\\nthan regulations prescribing the maximum class size in self-contained\\nspecial education classes, the commissioner shall allow school districts\\na variance of up to fifty percent rounded up to the nearest whole number\\nfrom the maximum number of students as specified in regulation in an\\ninstructional group in a resource room program, a related service group,\\nand the total number of students assigned to a resource room teacher.\\n 4. To periodically inspect, report on the adequacy of and make\\nrecommendations concerning instructional programs or special services\\nfor all children with handicapping conditions who reside in or attend\\nany state operated or state financed social service facilities, youth\\nfacilities, health facilities, mental health, mental retardation and\\ndevelopmental disabilities facilities or state correctional facilities.\\n 5. To require such financial information as may be necessary from and\\nto audit any public or non-public school receiving any public moneys\\npursuant to any provision of the education law as the commissioner deems\\nappropriate.\\n * 6. To provide for an advisory panel, appointed by the commissioner\\ncomposed of individuals involved in or concerned with the education of\\nchildren with disabilities, including individuals with disabilities,\\nteachers of children with disabilities, parents or persons in parental\\nrelation of children or individuals with disabilities from birth to age\\ntwenty-six, state and local educational officials, including officials\\nwho carry out activities under subtitle B of title seven of the\\nMcKinney-Vento homeless assistance act (section eleven thousand four\\nhundred thirty-one of title forty-two of the United States code, et\\nseq.), representatives of state or regional associations concerned with\\nthe education of children with disabilities, representatives of\\ninstitutions of higher education that prepare special education teachers\\nor administrators and/or related services personnel, administrators of\\nprograms for students with disabilities, a representative of the office\\nof children and family services with responsibility for foster care,\\nrepresentatives of other state agencies involved in the financing or\\ndelivery of related services to children with disabilities,\\nrepresentatives of nonpublic schools and, upon establishment of such\\nschools, representatives of public charter schools, not less than one\\nrepresentative of a vocational, community or business organization\\nconcerned with the provision of transition services to students with\\ndisabilities, and representatives of state juvenile and adult\\ncorrections agencies, to advise the governor, legislature and\\ncommissioner of unmet needs within the state in the education of\\nchildren with disabilities, in developing procedures for evaluation of\\nthe special education system and the reporting of data as required by\\nfederal law, in developing corrective action plans to address findings\\nidentified in federal monitoring reports, in developing and implementing\\npolicies relating to coordination of services, and on the education of\\nstudents with disabilities who have been convicted as adults and\\nincarcerated in adult prisons and to comment publicly on any rules or\\nregulations proposed for issuance by the commissioner regarding the\\neducation of children with disabilities and the procedures for\\ndistribution of funds under this article. A majority of the members of\\nthe advisory panel shall be individuals with disabilities or parents of\\nchildren with disabilities. Such panel members shall serve without\\ncompensation except that such members shall be entitled to reimbursement\\nfor actual and necessary expenses incurred in such service.\\n * NB Effective until June 30, 2015\\n * 6. To provide for an advisory panel, appointed by the commissioner\\ncomposed of individuals involved in or concerned with the education of\\nchildren with disabilities, including individuals with disabilities,\\nteachers of children with disabilities, parents or persons in parental\\nrelationship of children with disabilities, state and local educational\\nofficials, representatives of state or regional associations concerned\\nwith the education of children with disabilities, representatives of\\ninstitutions of higher education that prepare special education teachers\\nor administrators and/or related services personnel, administrators of\\nprograms for students with disabilities, representatives of other state\\nagencies involved in the financing or delivery of related services to\\nchildren with disabilities, representatives of nonpublic schools and,\\nupon establishment of such schools, representatives of public charter\\nschools, at least one representative of a vocational, community or\\nbusiness organization concerned with the provision of transition\\nservices to students with disabilities, and representatives of state\\njuvenile and adult corrections agencies, to advise the governor,\\nlegislature and commissioner of unmet needs within the state in the\\neducation of children with disabilities, in developing procedures for\\nevaluation of the special education system and the reporting of data as\\nrequired by federal law, in developing corrective action plans to\\naddress findings identified in federal monitoring reports, in developing\\nand implementing policies relating to coordination of services, and on\\nthe education of students with disabilities who have been convicted as\\nadults and incarcerated in adult prisons and to comment publicly on any\\nrules or regulations proposed for issuance by the commissioner regarding\\nthe education of children with disabilities and the procedures for\\ndistribution of funds under this article. A majority of the members of\\nthe advisory panel shall be individuals with disabilities or parents of\\nchildren with disabilities. Such panel members shall serve without\\ncompensation except that such members shall be entitled to reimbursement\\nfor actual and necessary expenses incurred in such service.\\n * NB Effective June 30, 2015\\n 7. To define, no later than July first, nineteen hundred\\nseventy-seven, in a report to the legislature and the governor, specific\\ncriteria for determining whether a particular disorder or condition may\\nbe considered a specific learning disability and to describe in such\\nreport diagnostic procedures which can be used in determining whether a\\nparticular child has such a disorder or condition, and to recommend in\\nsuch report, in consultation with the division of the budget, a cost\\neffective program proposal and finance recommendations.\\n 8. To develop and distribute a handbook for parents of handicapped\\nchildren and the members of committees and subcommittees on special\\neducation, which handbook shall explain, in layman terms, the financial\\nand educational obligations of the state, the county or city, the home\\nschool district, the committee on special education, and the parent or\\nlegal guardian of a handicapped child, the special services or programs\\navailable pursuant to this article, and the legal procedures available\\nto an aggrieved parent or legal guardian of a handicapped child.\\n 9. To make provision by regulation of the commissioner to assure the\\nconfidentiality of any personally identifiable data, information, and\\nrecords collected or maintained by the state department of education or\\nany school district, including a committee or subcommittee on special\\neducation, and the officers, employees or members thereof, pursuant to\\nor in furtherance of the purposes of this article, and shall establish\\nprocedures upon which any such personally identifiable data,\\ninformation, or records may be disclosed.\\n 10. a. The commissioner shall determine whether a child, whose report\\nis submitted to the department pursuant to clause (b) or (d) of\\nsubparagraph five of paragraph b of subdivision one of section\\nforty-four hundred two of this article or subdivision thirteen of\\nsection three hundred ninety-eight of the social services law, will\\nlikely need adult services and, if such need will likely exist, develop\\na recommendation of all appropriate adult programs operated or approved\\nby the department which may be available. If necessary and appropriate,\\nthe commissioner may conduct an evaluation of the child to determine if\\nadult services will be needed. Such recommendation of all programs shall\\nbe made available to the parent or guardian of such child as soon as\\npracticable but no later than six months before such child attains the\\nage of twenty-one.\\n b. If the commissioner determines, pursuant to paragraph a of this\\nsubdivision, that such child will not require adult services, the\\ncommissioner shall notify the child's parent or guardian in writing of\\nsuch determination. Such notice shall be given as soon as practicable\\nbut no later than six months before the child attains the age of\\ntwenty-one.\\n c. Notwithstanding paragraphs a and b of this subdivision, the\\ncommissioner may determine that the education department is not\\nresponsible for determining and recommending adult services for such\\nchild. When such a determination is made it shall be made as soon as\\npracticable after receiving the report and the commissioner shall\\npromptly notify in writing the committee on special education,\\nmultidisciplinary team or social services official who sent the report\\nthat such determination has been made. Such notice shall state the\\nreasons for the determination and may recommend a state agency which may\\nbe responsible for determining and recommending adult services.\\n d. Nothing in this subdivision shall be construed to create an\\nentitlement to adult services.\\n e. A designee of the commissioner may carry out the functions of the\\ncommissioner described in this subdivision.\\n 11. To promulgate regulations concerning standards for the protection\\nof children in residential care from reportable incidents in accordance\\nwith this section and article eleven of the social services law,\\nincluding procedures for:\\n (a) consistent with appropriate collective bargaining agreements and\\napplicable provisions of the civil service law, the review and\\nevaluation of the backgrounds of and the information supplied by any\\nperson applying to be an employee, a volunteer or consultant, which\\nshall include but not be limited to the following requirements: that the\\napplicant set forth his or her employment history, provide personal and\\nemployment references, and relevant experiential and educational\\nqualifications and, sign a sworn statement indicating whether the\\napplicant, to the best of his or her knowledge has ever been convicted\\nof a crime in this state or any other jurisdiction;\\n (b) establishing, for employees, relevant minimal experiential and\\neducational qualifications, consistent with appropriate collective\\nbargaining agreements and applicable provisions of the civil service\\nlaw;\\n (c) assuring adequate and appropriate supervision of employees,\\nvolunteers and consultants;\\n (d) demonstrating by a residential facility or program that\\nappropriate action is taken to assure the safety of the child who is\\nalleged to have been subjected to a reportable incident in a report to\\nthe vulnerable persons' central register in accordance with section four\\nhundred ninety-two of the social services law as well as other children\\nin care, immediately upon notification that such a report of an\\nallegation of a reportable incident has been made with respect to a\\nchild in such residential facility or program;\\n (e) removing a child when it is determined that there is risk to such\\nchild if he or she continues to remain within a residential facility or\\nprogram; and\\n (f) appropriate preventive and remedial action to be taken including\\nlegal actions, consistent with appropriate collective bargaining\\nagreements and applicable provisions of the civil service law.\\n Such standards shall also establish as a priority requirements that:\\n (A) subject to amounts appropriated therefor, administrators,\\nemployees, volunteers and consultants receive training in at least the\\nfollowing: child abuse prevention and identification, safety and\\nsecurity procedures, the principles of child development, the\\ncharacteristics of children in care, and techniques of group and child\\nmanagement including crisis intervention, the laws, regulations and\\nprocedures governing the protection of children from reportable\\nincidents, and other appropriate topics, provided however, that the\\ndepartment may exempt administrators and consultants from such\\nrequirements upon demonstration of substantially equivalent knowledge or\\nexperience; and\\n (B) subject to the amounts appropriated therefor, children receive\\ninstruction, consistent with their age, needs and circumstances as well\\nas the needs and circumstances within the program, in techniques and\\nprocedures which will enable such children to advocate for and protect\\nthemselves from reportable incidents.\\n The department shall take all reasonable and necessary actions to\\nassure that employees, volunteers and consultants in residential\\nfacilities and programs are kept apprised on a current basis of all\\ndepartment policies and procedures relating to the protection of\\nchildren from reportable incidents and shall monitor and supervise the\\nprovision of training to such administrators, employees, volunteers,\\nchildren and consultants. Regulations and standards developed pursuant\\nto this subdivision shall, to the extent possible, be consistent with\\nthose promulgated by other state agencies for such purposes.\\n (g) consistent with applicable collective bargaining agreements,\\nassuring that an individual who has committed a category one offense, as\\ndefined in paragraph (a) of subdivision four of section four hundred\\nninety-three of the social services law, that is included on the\\nvulnerable persons' central register is not hired or otherwise used in\\nany position in which such individual would have regular and substantial\\ncontact with a service recipient in any program described in paragraph\\n(e) of subdivision four of section four hundred eighty-eight of the\\nsocial services law.\\n 12. To provide for the development and implementation of a plan of\\nprevention and remediation with respect to a substantiated report of\\nabuse or neglect. Such action shall include: (a) within ten days of\\nreceipt of such a substantiated report, development and implementation\\nof a plan of prevention and remediation to be taken with respect to a\\ncustodian or the residential facility in order to assure the continued\\nhealth and safety of children and to provide for the prevention of\\nfuture acts constituting reportable incidents; and (b) development and\\nimplementation of a plan of prevention and remediation, in the event an\\ninvestigation of an allegation of abuse or neglect determines that a\\npreponderance of the evidence of such allegation exists and such\\nsubstantiated allegation may be attributed in whole or in part to\\nnoncompliance by the residential facility or program with provisions of\\nthis chapter or regulations of the department applicable to the\\noperation of such residential facility or program. Any plan of\\nprevention and remediation required to be developed pursuant to this\\nsubdivision by a facility supervised by the department shall be\\nsubmitted to and approved by the department in accordance with time\\nlimits established by regulations of the department. Implementation of\\nthe plan shall be monitored by the department. In reviewing the\\ncontinued qualifications of a residential facility or program for an\\noperating certificate, the department shall evaluate such facility's\\ncompliance with plans of prevention and remediation developed and\\nimplemented pursuant to this subdivision.\\n 13. To provide technical assistance to school districts for\\nappropriate evaluation and assessment.\\n 14. To provide technical assistance to school districts to assist in\\nthe adaptation of curriculum for the instruction of children with\\nhandicapping conditions.\\n 15. To provide technical assistance to school districts to assist in\\ndeveloping criteria for placement in special education and criteria for\\nreviewing the ability of a pupil to participate in regular education.\\n 16. Commencing with the nineteen hundred eighty-seven--eighty-eight\\nschool year, to provide for instruction during the months of July and\\nAugust of students with handicapping conditions who have received state\\nappointments pursuant to article eighty-five, eighty-seven or\\neighty-eight of this chapter and whose handicapping conditions, in the\\njudgment of the commissioner, are severe enough to exhibit the need for\\na structured learning environment of twelve months duration to maintain\\ndevelopmental levels, by making such appointments for twelve months;\\nprovided that the initial term of appointment of a student with a\\nhandicapping condition who is the minimum age eligible for such a state\\nappointment shall not commence during the months of July or August.\\n 18. To establish guidelines for determining when a child is at risk of\\na future placement in a residential school, and for the provision by\\ncommittees on special education of information to parents and other\\npersons in parental relationship concerning the availability of\\ncommunity support services to meet the needs of the family. The\\nguidelines shall be developed by the department after consultation with\\nthe office of mental health, the office for people with developmental\\ndisabilities, the office of alcoholism and substance abuse services, the\\ndepartment of health, the department of social services and the division\\nfor youth.\\n * 19. To adopt regulations prescribing the state complaint procedures\\npursuant to sections 300.151 through 300.153 of title thirty-four of the\\ncode of federal regulations, where an individual or organization files a\\nwritten complaint alleging that a public agency has violated part B of\\nthe individuals with disabilities education act. Such regulations shall\\ninclude, but not be limited to, remedies for denial of appropriate\\nservices, including, as appropriate, the awarding of monetary\\nreimbursement, compensatory services or other corrective action\\nappropriate to the needs of the child.\\n * NB Effective until June 30, 2015\\n * 20. To adopt regulations prescribing the state complaint procedures\\npursuant to sections 300.660 through 300.662 of title thirty-four of the\\ncode of federal regulations, where an individual or organization files a\\nwritten complaint alleging that a public agency has violated part B of\\nthe individuals with disabilities education act. Such regulations shall\\ninclude, but not be limited to, remedies for denial of appropriate\\nservices, including, as appropriate, the awarding of monetary\\nreimbursement or other corrective action appropriate to the needs of the\\nchild.\\n * NB Effective June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4404", "title" : "Appeal procedures for children with handicapping conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2022-01-07", "2022-04-01", "2023-09-15", "2024-07-05" ], "docLevelId" : "4404", "activeDate" : "2014-09-22", "sequenceNo" : 1324, "repealedDate" : null, "fromSection" : "4404", "toSection" : "4404", "text" : " § 4404. Appeal procedures for children with handicapping conditions.\\n* 1. a. If the parent or person in parental relation of a student, the\\nboard of education or trustees of a school district or a state agency\\nresponsible for providing education to students with disabilities\\npresents a complaint with respect to any matter relating to the\\nidentification, evaluation or educational placement of the student or\\nthe provision of a free appropriate public education to the student or a\\nmanifestation determination or other matter relating to placement upon\\ndiscipline of a student with a disability that may be the subject of an\\nimpartial hearing pursuant to subsection (k) of section fourteen hundred\\nfifteen of title twenty of the United States code and the implementing\\nfederal regulations, and the party presenting the complaint or their\\nattorney provides a due process complaint notice in accordance with\\nfederal law and regulations and such complaint sets forth an alleged\\nviolation that occurred not more than two years before the date the\\nparent or public agency knew or should have known about the alleged\\naction that forms the basis for the complaint, the board or agency shall\\nappoint an impartial hearing officer to review the due process complaint\\nnotice when challenged and, if the matter is not resolved in a\\nresolution session that has been convened as required by federal law, to\\npreside over an impartial due process hearing and make a determination\\nwithin such period of time as the commissioner by regulation shall\\ndetermine, provided that the board of education or trustees shall offer\\nthe parent or person in parental relation the option of mediation\\npursuant to section forty-four hundred four-a of this article as an\\nalternative to an impartial hearing. Where the parent or person in\\nparental relation or a school district or public agency presents a\\ncomplaint, the school district or public agency responsible for\\nappointing the impartial hearing officer shall provide the parent or\\nperson in parental relation with a procedural safeguards notice as\\nrequired pursuant to subsection (d) of section fourteen hundred fifteen\\nof title twenty of the United States code and the implementing federal\\nregulations. Notwithstanding any provision of this subdivision to the\\ncontrary, the time limitation on presenting a complaint shall not apply\\nto a parent or person in parental relation to the student if the parent\\nor person in parental relation was prevented from requesting the\\nimpartial hearing due to specific misrepresentations by the school\\ndistrict or other public agency that it had resolved the problem forming\\nthe basis of the complaint or due to the school district's or other\\npublic agency's withholding of information from the parent or person in\\nparental relation that was required under federal law to be provided.\\nNothing in this subdivision shall be construed to authorize the board of\\neducation or trustees to bring an impartial hearing to override the\\nrefusal of a parent or person in parental relation to consent where a\\nlocal educational agency is prohibited by federal law from initiating\\nsuch a hearing.\\n b. If a resolution session resolves the complaint, the parties shall\\nexecute a legally binding agreement that is signed by both the parent or\\nperson in parental relation and a representative of the school district\\nor public agency who has the authority to bind such district or agency\\nand shall be enforceable in any state court of competent jurisdiction or\\na United States district court. A party may void such agreement within\\nthree business days of the agreement's execution.\\n c. Individuals so appointed by a board of education or a state agency\\nshall be selected from a list of available impartial hearing officers\\nwho have successfully completed an impartial hearing officer training\\nprogram conducted by the department according to a rotation selection\\nprocess prescribed in regulations of the commissioner; except that a\\ncity school district of a city having a population of more than one\\nmillion inhabitants shall be exempt from such regulations to the extent\\nit maintains its rotational selection process in effect prior to July\\nfirst, nineteen hundred ninety-three. A record of proceedings before the\\nimpartial hearing officer shall be maintained and made available to the\\nparties, and the hearing shall be conducted in accordance with the\\nregulations of the commissioner. The board of education or trustees of\\nthe school district or the state agency responsible for providing\\neducation to students with disabilities shall have the burden of proof,\\nincluding the burden of persuasion and burden of production, in any such\\nimpartial hearing, except that a parent or person in parental relation\\nseeking tuition reimbursement for a unilateral parental placement shall\\nhave the burden of persuasion and burden of production on the\\nappropriateness of such placement. The decision of the impartial hearing\\nofficer shall be binding upon both parties unless appealed to the state\\nreview officer. The commissioner shall establish a department training\\nprogram which shall be completed to the satisfaction of the commissioner\\nas a condition of certification. Impartial hearing officers shall have\\nthe qualifications specified in subsection (f) of section fourteen\\nhundred fifteen of title twenty of the United States code, the\\nimplementing federal regulations and the regulations of the\\ncommissioner. The commissioner shall promulgate regulations to ensure\\nthat no individual employed by a school district, school or program\\nserving students with disabilities placed by a school district committee\\non special education acts as an impartial hearing officer and that no\\nindividual employed by such schools or programs serves as an impartial\\nhearing officer for two years following the termination of such\\nemployment. The commissioner shall promulgate regulations establishing\\nprocedures for the suspension or revocation of impartial hearing officer\\ncertification for good cause. The commissioner shall establish maximum\\nrates for the compensation of impartial hearing officers subject to the\\napproval of the director of the division of the budget.\\n d. The commissioner shall promulgate regulations establishing\\nprocedures and timelines for expedited hearings in cases involving: (1)\\nreview of a decision that a student with a disability's behavior was not\\na manifestation of such student's disability, or (2) review of an\\ninterim alternative educational setting or other placement to the extent\\nrequired under federal law, or (3) a request by the school district for\\na determination that maintaining the current educational placement of\\nthe student is substantially likely to result in injury to the student\\nor to others.\\n * NB Effective until June 30, 2015\\n * 1. If the recommendation of the committee on special education is\\nnot acceptable to the parent or person in parental relationship of a\\nstudent, or if the committee or board of education or trustees fails to\\nmake or effectuate such a recommendation within such periods of time as\\nmay be required by regulations of the commissioner, such parents or\\npersons in parental relationship shall notify the board of education of\\nthis situation and the board shall appoint an impartial hearing officer\\nto hear the appeal and make a determination within such period of time\\nas the commissioner by regulation shall determine, provided that the\\nboard of education or trustees shall offer the parent or person in\\nparental relationship the option of mediation pursuant to section\\nforty-four hundred four-a of this article as an alternative to an\\nimpartial hearing. Individuals so appointed by a board of education\\nshall be selected from a list of available hearing officers who have\\nsuccessfully completed a hearing officer training program conducted by\\nthe department according to a rotation selection process prescribed in\\nregulations of the commissioner; except that a city school district of a\\ncity having a population of more than one million inhabitants shall be\\nexempt from such regulations to the extent it maintains its rotational\\nselection process in effect prior to July first, nineteen hundred\\nninety-three. A record of proceedings before the hearing officer shall\\nbe maintained and made available to the parties. The board of education\\nor trustees of the school district or the state agency responsible for\\nproviding education to students with disabilities shall have the burden\\nof proof, including the burden of persuasion and burden of production,\\nin any such impartial hearing, except that a parent or person in\\nparental relation seeking tuition reimbursement for a unilateral\\nparental placement shall have the burden of persuasion and burden of\\nproduction on the appropriateness of such placement. The decision of the\\nhearing officer shall be binding upon both parties unless appealed to\\nthe state review officer. The commissioner shall establish a department\\ntraining program which shall be completed to the satisfaction of the\\ncommissioner as a condition of certification. The commissioner shall\\ndevelop and implement a plan to ensure that no individual employed by a\\nschool district, school or program serving students with disabilities\\nplaced by a school district committee on special education acts as an\\nimpartial hearing officer and that no individual employed by such\\nschools or programs serves as an impartial hearing officer for two years\\nfollowing the termination of such employment. Such plan shall be fully\\nimplemented no later than July first, nineteen hundred ninety-six. The\\ncommissioner shall promulgate regulations establishing procedures for\\nthe suspension or revocation of impartial hearing officer certification\\nfor good cause. The commissioner shall establish maximum rates for the\\ncompensation of impartial hearing officers subject to the approval of\\nthe director of the division of the budget. The commissioner shall\\npromulgate regulations establishing procedures and timelines for\\nexpedited hearings in cases involving: (a) review of a decision that a\\nstudent with a disability's behavior was not a manifestation of such\\nstudent's disability, or (b) review of an interim alternative\\neducational setting or other placement to the extent required under\\nfederal law, or (c) a request by the school district for a determination\\nthat maintaining the current educational placement of the student is\\nsubstantially likely to result in injury to the student or to others.\\n * NB Effective June 30, 2015\\n 2. Review by state review officer. A state review officer of the\\neducation department shall review and may modify, in such cases and to\\nthe extent that the review officer deems necessary, in order to properly\\neffectuate the purposes of this article, any determination of the\\nimpartial hearing officer relating to the determination of the nature of\\na child's handicapping condition, selection of an appropriate special\\neducation program or service and the failure to provide such program and\\nrequire such board to comply with the provisions of such modification.\\nThe commissioner shall adopt regulations governing the practice and\\nprocedure in such appeals to the state review officer; provided,\\nhowever, that in no event shall any fee or charge whatsoever be imposed\\nfor any appeal taken pursuant to this subdivision. The state review\\nofficer is empowered to make all orders which are proper or necessary to\\ngive effect to the decision of the review officer.\\n 3. Review of the determination of a state review officer regarding\\nchildren with disabilities.\\n * a. Any final determination or order of a state review officer\\nrendered pursuant to subdivision two of this section may only be\\nreviewed in a proceeding brought in the supreme court pursuant to\\narticle four of the civil practice law and rules, and paragraph b of\\nthis subdivision, or in United States district court. Any such\\nproceeding shall be commenced within four months after the determination\\nto be reviewed becomes final and binding on the parties.\\n * NB Effective until June 30, 2015\\n * a. Any final determination or order of a state review officer\\nrendered pursuant to subdivision two of this section may only be\\nreviewed in a proceeding brought in the supreme court pursuant to\\narticle four of the civil practice law and rules, and paragraph b of\\nthis subdivision, or in United States district court.\\n * NB Effective June 30, 2015\\n * b. In any such proceeding under article four of the civil practice\\nlaw and rules, the court may grant any relief authorized by the\\nprovisions of rule four hundred eleven of such law and rules, which\\nshall include any relief available in a civil action under section six\\nhundred fifteen of the individuals with disabilities education act (20\\nU.S.C. section 1415) and also may, in its discretion remand the\\nproceedings to the state review officer for further consideration upon a\\nfinding that any relevant and material evidence is then available which\\nwas not previously considered by the state review officer. Such\\nproceeding shall be deemed a proceeding against a body or officer for\\npurposes of section five hundred six of the civil practice law and\\nrules. The court shall receive the records of the administrative\\nproceedings, shall hear additional evidence at the request of a party,\\nand basing its decision on the preponderance of the evidence, shall\\ngrant the relief that the court determines to be appropriate.\\n * NB Effective until June 30, 2015\\n * b. In any such proceeding under article four of the civil practice\\nlaw and rules, the court may grant any relief authorized by the\\nprovisions of rule four hundred eleven of such law and rules, which\\nshall include any relief available in a civil action under section six\\nhundred fifteen of the individuals with disabilities education act (20\\nU.S.C. section 1415) and also may, in its discretion remand the\\nproceedings to the state review officer for further consideration upon a\\nfinding that any relevant and material evidence is then available which\\nwas not previously considered by the state review officer. Such\\nproceeding shall be deemed a proceeding against a body or officer for\\npurposes of sections two hundred seventeen and five hundred six of the\\ncivil practice law and rules. The court shall receive the records of the\\nadministrative proceedings, shall hear additional evidence at the\\nrequest of a party, and basing its decision on the preponderance of the\\nevidence, shall grant the relief that the court determines to be\\nappropriate.\\n * NB Effective June 30, 2015\\n 4. a. During the pendency of any proceedings conducted pursuant to\\nthis section, other than a proceeding subject to paragraph b of this\\nsubdivision, and during the initial identification, evaluation and\\nplacement procedure pursuant to this section and during the initial\\nidentification, evaluation and placement procedure pursuant to section\\nforty-four hundred two of this article, unless the local school district\\nand the parents or persons in parental relationship otherwise agree, the\\nstudent shall remain in the then current educational placement of such\\nstudent, or, if applying for initial admission to a public school, shall\\nbe placed in the public school program until all such proceedings have\\nbeen completed.\\n * b. For students with disabilities placed in an interim alternative\\neducational setting pursuant to clause (iv) or (vii) of subparagraph\\nthree of paragraph g of subdivision three of section thirty-two hundred\\nfourteen of this chapter, during the pendency of proceedings conducted\\npursuant to this section in which the parents or persons in parental\\nrelation challenge the interim alternative educational setting or a\\nmanifestation determination, the student shall remain in the interim\\nalternative educational setting pending the decision of the impartial\\nhearing officer or until expiration of the time period of the student's\\nplacement in an interim alternative educational setting, whichever comes\\nfirst, unless the local school district and the parents or persons in\\nparental relation otherwise agree. After the expiration of such\\nplacement in an interim alternative educational setting, if the school\\ndistrict proposes to change the student's placement, during the pendency\\nof any proceedings to challenge the proposed change in placement, the\\nstudent shall return to and remain in the current educational placement,\\nwhich shall be the student's placement prior to the interim alternative\\neducational setting, unless the local school district and the parents or\\npersons in parental relation otherwise agree or unless as a result of a\\ndecision by an impartial hearing officer in an expedited hearing, the\\ninterim alternative educational setting is extended for a period not to\\nexceed forty-five school days based on a determination that maintaining\\nthe current educational placement of the student is substantially likely\\nto result in injury to the student or to others. Such procedure for\\nextension of an interim alternative educational setting may be repeated\\nas necessary.\\n * NB Effective until June 30, 2015\\n * b. For students with disabilities placed in an interim alternative\\neducational setting pursuant to clause (iv) or (vii) of subparagraph\\nthree of paragraph g of subdivision three of section thirty-two hundred\\nfourteen of this chapter, during the pendency of proceedings conducted\\npursuant to this section in which the parents or persons in parental\\nrelationship challenge the interim alternative educational setting or a\\nmanifestation determination, the student shall remain in the interim\\nalternative educational setting pending the decision of the hearing\\nofficer or until expiration of the time period of the student's interim\\nalternative placement, whichever comes first, unless the local school\\ndistrict and the parents or persons in parental relationship otherwise\\nagree. After the expiration of such interim alternative educational\\nplacement, if the school district proposes to change the student's\\nplacement, during the pendency of any proceedings to challenge the\\nproposed change in placement, the student shall return to and remain in\\nthe current educational placement, which shall be the student's\\nplacement prior to the interim alternative educational setting, unless\\nthe local school district and the parents or persons in parental\\nrelationship otherwise agree or unless as a result of a decision by an\\nimpartial hearing officer in an expedited hearing, the interim\\nalternative educational setting is extended or another appropriate\\nplacement is ordered for a period not to exceed forty-five days based on\\na determination that maintaining the current educational placement of\\nthe student is substantially likely to result in injury to the student\\nor to others. Such procedure for extension of an interim alternative\\neducational setting may be repeated as necessary.\\n * NB Effective June 30, 2015\\n 5. For purposes of this section, to the extent required by federal\\nlaw, a student presumed to have a disability for discipline purposes\\nshall be deemed to be a student with a disability and the parents or\\npersons in parental relationship of a student presumed to have a\\ndisability for discipline purposes shall be afforded the procedural\\nrights of the parents or persons in parental relationship of a student\\nwith a disability. Nothing in this section shall be construed to confer\\nupon a student presumed to have a disability for disciplinary purposes\\ngreater procedural rights than such student would have under the\\nprovisions of section six hundred fifteen of the individuals with\\ndisabilities education act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4404-A", "title" : "Mediation program for students with disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2021-07-30", "2024-07-05" ], "docLevelId" : "4404-A", "activeDate" : "2014-09-22", "sequenceNo" : 1325, "repealedDate" : null, "fromSection" : "4404-A", "toSection" : "4404-A", "text" : " § 4404-a. Mediation program for students with disabilities. * 1. The\\ncommissioner, in consultation with the office of court administration,\\nshall establish a special education mediation program. For all school\\ndistricts and state agencies responsible for the provision of special\\neducation, mediation of disputes regarding the provision of a free,\\nappropriate public education, including matters arising prior to the\\nfiling of a complaint pursuant to subdivision one of section forty-four\\nhundred four of this article, shall be conducted by mediators furnished\\nby a community dispute resolution center under article twenty-one-A of\\nthe judiciary law.\\n * NB Effective until June 30, 2015\\n * 1. The commissioner, in consultation with the office of court\\nadministration, shall establish a special education mediation program.\\nIn all school districts, mediation of disputes regarding the provision\\nof a free, appropriate public education shall be conducted by mediators\\nfurnished by a community dispute resolution center under article\\ntwenty-one-A of the judiciary law.\\n * NB Effective June 30, 2015\\n 2. The board of education or trustees of each school district shall\\ninform parents or persons in parental relationship of students with\\ndisabilities of the availability of the mediation program to resolve\\ncomplaints regarding the education of a student with a disability at the\\nsame time notice of the availability of the impartial hearing procedures\\nis provided to such parents or persons in parental relationship.\\n 3. Notwithstanding any other provision of law to the contrary, the\\ncommissioner, in consultation with the office of court administration,\\nshall assure that a list of qualified mediators who are knowledgeable in\\nthe laws and regulations relating to the provision of special education\\nand related services is maintained. For purposes of this section, if not\\nselected through a rotational selection process, mediators shall be\\nselected by mutual agreement of both parties to the mediation.\\n * 4. A school district may establish procedures to offer parents or\\npersons in parental relation and schools that elect not to use the\\nmediation process the opportunity to meet, at a time and place\\nconvenient to such parents or persons in parental relation, with a\\ndisinterested party who is under contract with a community dispute\\nresolution center, to encourage the use of the mediation process by such\\nparents and explain its benefits.\\n * NB Effective until June 30, 2015\\n * 4. A school district may establish procedures to require parents or\\npersons in parental relationship who elect not to use the mediation\\nprocess to meet, at a time and place convenient to such parents or\\npersons in parental relationship, with a disinterested party who is\\nunder contract with a community dispute resolution center, to encourage\\nthe use of the mediation process by such parents and explain its\\nbenefits.\\n * NB Effective June 30, 2015\\n * 5. Each session in the mediation process shall be scheduled in a\\ntimely manner, and shall be held in a location that is convenient to the\\nparties to the dispute. An agreement reached by the parties to the\\ndispute in the mediation process shall be set forth in a written\\nmediation agreement. Such agreement shall be a legally binding agreement\\nthat sets forth the resolution of the dispute and: (i) states that all\\ndiscussions that occurred during the mediation process shall be\\nconfidential and may not be used as evidence in any subsequent due\\nprocess hearing or civil action or proceeding; (ii) is signed by both\\nthe parent or person in parental relation and a representative of the\\nschool district or agency who has the authority to bind such school\\ndistrict or agency; and (iii) is enforceable in any state court of\\ncompetent jurisdiction or in a United States district court. The\\ncommittee on special education or committee on preschool special\\neducation shall immediately amend the student's individualized education\\nprogram to be consistent with such mediation agreement. Discussions that\\noccur in the mediation process shall be confidential, and may not be\\nused as evidence in any subsequent proceedings pursuant to section\\nforty-four hundred four of this article or in any subsequent civil\\nactions or proceedings.\\n * NB Effective until June 30, 2015\\n * 5. Each session in the mediation process shall be scheduled in a\\ntimely manner, and shall be held in a location that is convenient to the\\nparties to the dispute. An agreement reached by the parties to the\\ndispute in the mediation process shall be set forth in a written\\nmediation agreement. The committee on special education or committee on\\npreschool special education shall immediately amend the student's\\nindividualized education program to be consistent with such mediation\\nagreement. Discussions that occur in the mediation process shall be\\nconfidential, and may not be used as evidence in any subsequent\\nproceedings pursuant to section forty-four hundred four of this article\\nor in any subsequent civil actions or proceedings. The parties to the\\nmediation process may be required to sign a confidentiality pledge prior\\nto the commencement of the process.\\n * NB Effective June 30, 2015\\n 6. The provisions of this section shall not operate to diminish, deny,\\ndelay, or limit any rights provided for by this article or any other\\nprovisions of law, including the right of a parent or person in parental\\nrelationship to request an impartial hearing.\\n 7. Nothing in this section shall be construed to limit a parent or\\nperson in parental relationship from requesting an impartial hearing,\\npursuant to the provisions of section forty-four hundred four of this\\narticle without utilizing the procedures set forth in this section. No\\nsuch person shall be deemed to have failed to exhaust administrative\\nremedies by requesting such an impartial hearing in the absence of or\\nprior to mediation, as provided for by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4405", "title" : "Computing financial responsibility for special educational services for certain children with handicapping conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2017-04-28", "2017-08-18", "2020-04-17", "2021-04-23", "2022-04-15", "2023-09-15", "2024-11-29" ], "docLevelId" : "4405", "activeDate" : "2014-09-22", "sequenceNo" : 1326, "repealedDate" : null, "fromSection" : "4405", "toSection" : "4405", "text" : " § 4405. Computing financial responsibility for special educational\\nservices for certain children with handicapping conditions. 1.\\nMaintenance for children with handicapping conditions in residential\\nschools under the provisions of this article or state schools under the\\nprovisions of articles eighty-seven and eighty-eight of this chapter.\\n a. Maintenance for a student with a disability placed in a residential\\nschool under the provisions of this article shall be a charge upon the\\nsocial services district wherein such child resides at the time of the\\ncommencement of the school year for which aid is to be paid. Financial\\nresponsibility for the maintenance of a student with a disability placed\\nin a state school under the provisions of articles eighty-seven and\\neighty-eight of this chapter shall be in accordance with the provisions\\nof such articles.\\n b. Expenditures made by a social services district for the maintenance\\nof a child with a disability placed in a residential school under the\\nprovisions of this article, including a child with a disability placed\\nin a special act school district by a school district committee on\\nspecial education pursuant to this article, or a child with a disability\\nplaced in a state school under the provisions of articles eighty-seven\\nand eighty-eight of this chapter shall be subject to reimbursement by\\nthe state pursuant to the provisions of subdivision ten of section one\\nhundred fifty-three of the social services law. Expenditures shall\\ninclude both direct payments and deductions from state aid made by the\\ncomptroller, if any, in lieu of such direct payments.\\n c. Expenditures made by a social services district for the maintenance\\nof a child with a disability placed in a residential school under the\\nprovisions of this article, including a child with a disability placed\\nby a school district committee on special education pursuant to this\\narticle in a special act school district, or a state school subject to\\nthe provisions of articles eighty-seven and eighty-eight of this\\nchapter, shall be subject to thirty-eight and four hundred twenty-four\\nthousandths percent reimbursement by the child's school district of\\nresidence pursuant to the provisions of subdivision ten of section one\\nhundred fifty-three of the social services law. The amount of such\\nreimbursement shall be a charge upon such school district of residence.\\n 2. Transportation expense. The transportation expense of each child\\nwith a handicapping condition shall be aidable in accordance with\\nsubdivision seven of section thirty-six hundred two of this chapter;\\nprovided, however, that for the school year commencing July first,\\nnineteen hundred seventy-six, school districts shall be apportioned\\nninety per centum of the estimated amount of its approved costs of such\\nyear for the transportation of children with handicapping conditions\\nwhose transportation was formerly provided under a family court order\\nand is now a charge upon the school district, subject to the adjustment\\nof any errors after the actual costs are ascertained.\\n 3. Computing state financial responsibility for operating expenses for\\ncertain children with handicapping conditions.\\n a. In addition to any other apportionments under the provisions of\\nthis chapter, there shall be apportioned to each applicable school\\ndistrict for each child with a handicapping condition in attendance in a\\nstate school under the provisions of paragraph d of subdivision two of\\nsection forty-four hundred one of this article or an approved program\\nunder the provisions of paragraphs e, f, g, h, i and l of such\\nsubdivision two, the product of such attendance, computed in accordance\\nwith regulations of the commissioner, and the excess cost aid: an amount\\ncomputed by multiplying the excess cost, as defined in subdivision six\\nof section forty-four hundred one of this article by the excess cost aid\\nratio defined in subdivision seven of this section.\\n b. In addition to the apportionment provided to a school district\\npursuant to paragraph a of this subdivision for the attendance of a\\nchild with a handicapping condition in a state school under the\\nprovisions of paragraph d of subdivision two of section forty-four\\nhundred one of this article, for each such child in attendance in such\\nschool prior to July first, nineteen hundred ninety, there shall be\\napportioned an additional amount. Such amount shall equal the product of\\nthe taper aidable cost multiplied by the taper aid ratio. The taper\\naidable cost shall equal the positive remainder resulting when (i) the\\napportionment attributable to such child pursuant to paragraph a of this\\nsubdivision is subtracted from (ii) the product of such child's\\nattendance and the tuition for the state school such child attends. The\\ntaper aid ratio shall equal the quotient, computed to three decimals\\nwithout rounding, resulting when the positive remainder of one minus the\\ncombined wealth ratio, as defined in subdivision one of section\\nthirty-six hundred two of this chapter is divided by seventy-five\\none-hundredths. Such aid ratio shall not be less than zero nor more than\\none.\\n c. The apportionments to each school district pursuant to this\\nsubdivision shall be based on excess cost paid and attendance during the\\nbase year.\\n d. Notwithstanding sections thirty-six hundred seven and thirty-six\\nhundred nine-a of this chapter, apportionments pursuant to this\\nsubdivision shall be paid to school districts upon submission of reports\\nof attendance and approved tuition expenditures filed in a format\\nprescribed by the commissioner and shall be paid from the annual\\napportionment of public moneys for the support of public schools in\\naccordance with section thirty-six hundred nine-b of this chapter.\\n 4. a. The commissioner of education and the commissioner of social\\nservices shall develop reimbursement methodologies for the tuition and\\nmaintenance components of approved private schools and special act\\nschool districts. The commissioner of education, in consultation with\\nthe appropriate state agencies and departments, shall have\\nresponsibility for developing a reimbursement methodology for tuition\\nwhich shall be based upon appropriate educational standards promulgated\\npursuant to regulations of the commissioner of education. The\\ncommissioner of social services, in consultation with appropriate state\\nagencies and departments, shall have responsibility for developing a\\nreimbursement methodology for maintenance, pursuant to section three\\nhundred ninety-eight-a of the social services law and the regulations\\npromulgated thereunder.\\n b. The commissioner of education shall develop reimbursement\\nmethodologies for the tuition components and, in consultation with the\\ncommissioner of social services, the maintenance components of the New\\nYork state school for the blind and the New York state school for the\\ndeaf based upon appropriate standards promulgated pursuant to\\nregulations of the commissioner of education.\\n c. The director of the budget, in consultation with the commissioner\\nof education, the commissioner of social services, and any other state\\nagency or other source the director may deem appropriate, shall approve\\nreimbursement methodologies for tuition and for maintenance. Any\\nmodification in the approved reimbursement methodologies shall be\\nsubject to the approval of the director of the budget. Notwithstanding\\nany other provision of law, rule or regulation to the contrary, tuition\\nrates established for the nineteen hundred ninety-five--ninety-six\\nschool year shall exclude the two percent cost of living adjustment\\nauthorized in rates established for the nineteen hundred\\nninety-four--ninety-five school year.\\n d. Effective upon final approval by the director of the budget of the\\nreimbursement methodologies for both tuition and maintenance, the\\ncommissioner of education shall annually determine a tuition rate in\\nconformance with this paragraph for each private school and special act\\nschool district.\\n e. Effective upon final approval by the director of the budget of the\\nreimbursement methodologies for both tuition and maintenance, the\\ncommissioner of social services shall annually determine a maintenance\\nrate and a medical services rate, in accordance with this paragraph, for\\neach private school and special act school district where applicable.\\n f. Effective upon final approval by the director of the budget of the\\nreimbursement methodologies for both tuition and maintenance, the\\ncommissioner of education shall annually determine a tuition rate and,\\nin consultation with the commissioner of social services, a maintenance\\nrate and a medical services rate, if applicable, in conformance with\\nthis subdivision for the New York state school for the blind and the New\\nYork state school for the deaf.\\n g. All reimbursement rates determined pursuant to this subdivision\\nshall be effective for the period July first through June thirtieth.\\nRates for the following year shall be submitted no later than April\\nfifteenth to the director of the budget. The director shall act upon\\nsuch rates within forty-five days of submission. Such rates shall not\\nbecome effective until approved by the director of the budget. In the\\nevent that the rates are approved after July first, then such rates\\nshall be deemed to apply retroactively to such date.\\n h. All reimbursements shall be subject to adjustment and final\\ndetermination upon field audit conducted by the education department,\\nthe department of social services, the state comptroller or any agent\\nthereof.\\n i. The commissioner of education, the commissioner of social services\\nand the director of the budget, in consultation with other appropriate\\nstate agencies and departments, shall enter into an interagency\\nagreement to assure effective implementation of the provisions of this\\nparagraph. The agreement shall provide for, but not be limited to, the\\ndevelopment of common accounting practices and audit procedures, common\\ninformation and budget forms, coordinated financial and other reporting\\nrequirements for private schools and special act school districts,\\nmechanisms for resolving appeals of rates established pursuant to this\\nsection, and mechanisms to evaluate and recommend modification to\\nreimbursement methodologies.\\n 5. The commissioner shall annually determine the tuition rate and the\\ncommissioner of social services shall annually determine the maintenance\\nrate for special services or programs provided during the months of July\\nand August for children with handicapping conditions entitled to attend\\npublic schools without the payment of tuition pursuant to section\\nthirty-two hundred two of this chapter. The commissioner of education\\nshall annually determine the tuition rate, maintenance rate and the\\nmedical services rate, if applicable, for such children attending the\\nNew York state school for the blind or the New York state school for the\\ndeaf during the months of July and August. Such rates shall be\\ndetermined in conformance with the reimbursement methodologies\\nestablished pursuant to subdivision four of this section and shall be\\nsubject to the approval of the division of the budget. Rates shall be\\ndetermined for all special services or programs as defined in section\\nforty-four hundred one of this chapter and offered during July and\\nAugust.\\n 6. Tuition and maintenance rates established pursuant to this section,\\nonce certified by the director of the budget, shall be used in all\\ncontracts for the provision of programs and services for which such\\nrates were established, provided, however, that the commissioner shall\\nprorate the amount to be paid for an individual pupil enrolled for a\\nperiod of time which is less than the full period of time approved for\\nsuch program or services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4406", "title" : "Procedures through the family court; cost of certain educational services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-15" ], "docLevelId" : "4406", "activeDate" : "2014-09-22", "sequenceNo" : 1327, "repealedDate" : null, "fromSection" : "4406", "toSection" : "4406", "text" : " § 4406. Procedures through the family court; cost of certain\\neducational services. 1. When the family court pursuant to section two\\nhundred thirty-six of the family court act shall issue an order to\\nprovide for educational services, including transportation, tuition or\\nmaintenance of such children with handicapping conditions, the\\ncommissioner of education, if he approves such order, shall issue a\\ncertificate to such effect in duplicate, one of which shall be filed\\nwith the clerk of the board of supervisors or other governing elective\\nbody of the county or chief fiscal officer of the city of New York and\\none in the office of the commissioner of education. Refusal of the\\ncommissioner to approve such order may be reviewed only in accordance\\nwith the provisions of article seventy-eight of the civil practice law\\nand rules.\\n 2. One-half of the cost of providing such services, as provided in\\nsubdivision one of this section, as certified by the commissioner of\\neducation, is hereby made a charge against the county or the city of New\\nYork in which any such handicapped child resides, and the remaining\\none-half of the cost thereof shall be paid by the state out of moneys\\nappropriated therefor. All claims for services rendered and for supplies\\nfurnished and for other expenses incurred in providing such services,\\nshall be paid in the first instance by the board of supervisors or other\\ngoverning elective body of the county or chief fiscal officer of the\\ncity of New York in which such handicapped child resides, upon vouchers\\npresented and audited in the same manner as in the case of other claims\\nagainst the county or the city of New York.\\n 3. The legislature shall appropriate an amount sufficient to pay\\none-half of the claims paid by a county or the city of New York for the\\npurposes and in the manner herein specified. The clerk of the board of\\nsupervisors or other governing elective body of each county or chief\\nfiscal officer of the city of New York which has paid claims as provided\\nherein shall, not more than once in each month, transmit to the\\ncommissioner of education a certified statement in the form prescribed\\nby him, stating the amount expended for the purposes specified herein,\\nthe date of each expenditure, and the purpose for which it was made.\\nUpon the receipt of such certified statement the commissioner of\\neducation shall examine the same, and if such expenditures were made as\\nrequired by law he shall approve it and transmit it to the comptroller\\nfor audit. The comptroller shall thereupon issue his warrant in the\\namount specified in such approved statement for the payment thereof out\\nof moneys appropriated therefor to the county treasurer of the county or\\nchief fiscal officer of the city of New York by which such payments were\\nmade.\\n 4. The commissioner is hereby authorized after consultation with an\\nadvisory task force to be appointed by the commissioner, appropriately\\nrepresentative of consumers and providers of such services, to establish\\nprogram and expenditure guidelines and standards for the provision of\\nspecial services or programs as defined in section forty-four hundred\\none of this article for children with handicapping conditions who are\\nunder the age of five and are not entitled to attend public schools\\nwithout the payment of tuition pursuant to section thirty-two hundred\\ntwo of this chapter.\\n 5. a. Each county and the city of New York may perform a fiscal audit\\nof such services or programs within their respective county or city\\nordered by the family court pursuant to section two hundred thirty-six\\nof the family court act for preschool age children with handicapping\\nconditions.\\n b. Payments made pursuant to this section by the county or the city of\\nNew York shall, upon the conclusion of the July first to June thirtieth\\nschool year for which such payment was made, be subject to audit against\\nthe actual difference between such audited expenditures and revenues.\\nAny overpayments made shall be refunded to such county or city or such\\ncounty or city shall withhold the amount of such overpayment from any\\nother payments due to the claimant and shall report such overpayments to\\nthe commissioner.\\n 6. Notwithstanding any other provision of law to the contrary, no\\npayments shall be made by the commissioner pursuant to this section on\\nor after July first, two thousand based on a claim for services\\nrendered, provided however, that no payment shall be barred or reduced\\nwhere such payment is required as a result of a court order or judgment\\nissued on or after July first, two thousand or a final audit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4407", "title" : "Special provisions relating to instruction of certain children with handicapping conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-15" ], "docLevelId" : "4407", "activeDate" : "2014-09-22", "sequenceNo" : 1328, "repealedDate" : null, "fromSection" : "4407", "toSection" : "4407", "text" : " § 4407. Special provisions relating to instruction of certain children\\nwith handicapping conditions. 1. a. When it shall appear to the\\nsatisfaction of the department that a child with a handicapping\\ncondition is not receiving instruction because there are no appropriate\\npublic or private facilities for instruction of such a child within this\\nstate because of the unusual type of the handicap or combination of\\nhandicaps as certified by the commissioner, the school district of which\\neach such pupil is a resident is authorized to contract with an\\neducational facility located outside the state, which, in the judgment\\nof the department, can meet the needs of such child for instruction.\\nContracts, rates, payments and reimbursements pursuant to this section\\nshall be in accordance with section forty-four hundred five of this\\narticle.\\n 2. The state education department shall maintain a register of such\\neducational facilities which are outside of the state which, after\\ninspection, it deems qualified to meet the needs of certain children for\\ninstruction pursuant to subdivision one of this section.\\n 3. Notwithstanding the location of the educational facility, if a\\nchild meets the eligibility requirements of subdivision one of this\\nsection and has, prior to July first, nineteen hundred seventy-six\\nreceived support under this section of law by attending an educational\\nfacility within the state, such child shall be allowed to continue such\\nattendance. The provisions of subdivision one of this section shall\\napply to such child as though such child was in attendance at an\\nout-of-state educational facility.\\n 4. The school district of which such a child is a resident at the time\\nof admission to such an educational facility shall be required to\\nreimburse the state on account of any expenditure made by the state for\\nsuch child pursuant to subdivision one or three of this section. For the\\nschool year commencing July first, nineteen hundred seventy-seven and\\ncontinuing through the nineteen hundred eighty-eight -- eighty-nine\\nschool year, such reimbursement shall be an amount equal to the school\\ndistrict basic contribution defined in subdivision eight of section\\nforty-four hundred one of this article. After the close of the school\\nyear for which such reimbursement is due, the comptroller may deduct\\nfrom any state funds which become due to a school district an amount\\nequal to the reimbursement required to be made by such school district\\nin accordance with this subdivision, and the amount so deducted shall\\nnot be included in the operating expense of such district for the\\npurposes of computing the apportionment for operating expense pursuant\\nto subdivision eleven of section thirty-six hundred two of this chapter.\\n 5. The commissioner shall prescribe the form for the contracts between\\nthe school districts and the educational facilities which contracts\\nshall include a unified statewide payment schedule. For the nineteen\\nhundred eighty-nine--ninety school year, such contracts shall be deemed\\nto be in effect as of July first, nineteen hundred eighty-nine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4408", "title" : "Payment for July and August programs for students with disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4408", "activeDate" : "2014-09-22", "sequenceNo" : 1329, "repealedDate" : null, "fromSection" : "4408", "toSection" : "4408", "text" : " § 4408. Payment for July and August programs for students with\\ndisabilities. 1. State aid. The commissioner shall make payments for\\napproved July and August programs for students with disabilities in\\naccordance with this section in an amount equal to eighty percent of the\\nsum of the approved tuition and maintenance rates and the transportation\\nexpense for the current year enrollment of students with disabilities\\nages five through twenty-one or students eligible for services during\\nJuly and August pursuant to article eighty-five, eighty-seven or\\neighty-eight of this chapter, where such costs are determined pursuant\\nto section forty-four hundred five of this article, provided that the\\nplacement of such students was approved by the commissioner, if\\nrequired. Such programs shall operate for six weeks and shall be funded\\nfor thirty days of service, provided, however, that the observance of\\nthe legal holiday for Independence day may constitute a day of service.\\nUpon certification by the school district in which the student resides,\\nthat such services were provided, such payment shall be made to the\\nprovider of such services, in accordance with the provisions of\\nsubdivision three of this section.\\n 2. Chargeback to a municipality. Ten percent of the approved cost of\\nJuly and August services provided pursuant to this section for each\\nstudent shall be a charge against the municipality in which the parent,\\nor person in parental relationship to such student, resided on July\\nfirst of the school year in which such services were provided. The\\ncomptroller shall deduct from any state funds which become due to a\\nmunicipality an amount equal to such ten percent required in accordance\\nwith this subdivision which amount shall be credited to the local\\nassistance account of the state education department as designated by\\nthe division of the budget.\\n 3. Payment schedule. For aid payable in the two thousand six--two\\nthousand seven school year, moneys appropriated annually to the\\ndepartment from the general fund - local assistance account under the\\noffice of prekindergarten through grade twelve education program for\\nJuly and August programs for students with disabilities, shall be used\\nas follows: (i) for remaining base year and prior school years\\nobligations, (ii) for the purposes of subdivision four of this section\\nfor schools operated under articles eighty-seven and eighty-eight of\\nthis chapter, and (iii) notwithstanding any inconsistent provisions of\\nthis chapter, for payments made pursuant to this section for current\\nschool year obligations, provided, however, that such payments shall not\\nexceed seventy percent of the state aid due for the sum of the approved\\ntuition and maintenance rates and transportation expense provided for\\nherein; provided, however, that payment of eligible claims shall be\\npayable in the order that such claims have been approved for payment by\\nthe commissioner, but in no case shall a single payee draw down more\\nthan forty-five percent of the appropriation provided for the purposes\\nof this section, and provided further that no claim shall be set aside\\nfor insufficiency of funds to make a complete payment, but shall be\\neligible for a partial payment in one year and shall retain its priority\\ndate status for appropriations provided for this section in future\\nyears.\\n 4. Of the amount so appropriated to the department for the July and\\nAugust programs for schools operated under articles eighty-seven and\\neighty-eight of this chapter, an amount shall be transferred to the\\nspecial revenue funds - other, Batavia school for the blind and Rome\\nschool for the deaf accounts, pursuant to a plan to be developed by the\\ncommissioner and approved by the director of the budget for students\\nwith disabilities attending July and August programs pursuant to this\\nsection at such schools pursuant to such articles. Such amount shall be\\ndetermined by the tuition and maintenance rates and the total number of\\nstudents with disabilities approved by the commissioner for placement\\nfor the July and August program. The commissioner shall establish the\\nmethodology for computation of such tuition and maintenance rates for\\neach school which shall take into account all pertinent expenditures\\nincluding administration, direct care staff, nondirect care staff and\\nother than personal service costs.\\n 5. State share. In accordance with the provisions of subparagraph four\\nof paragraph b of subdivision one of section thirty-six hundred nine-a\\nof this chapter for services provided during the two thousand eight--two\\nthousand nine and prior school years, any moneys due the school district\\nshall be reduced by an amount equal to fifty percent of any federal\\nparticipation, pursuant to title XIX of the social security act, in\\nspecial education programs provided pursuant to this section. For\\nservices provided during the two thousand nine--two thousand ten school\\nyear and thereafter, or for services provided in a prior school year\\nthat were not reimbursed by the state on or before April first, two\\nthousand eleven, such state share shall be designated and transferred\\npursuant to section thirty-six hundred nine-b of this chapter.\\n 6. Notwithstanding any other provision of law to the contrary, no\\npayments shall be made by the commissioner pursuant to this section on\\nor after July first, nineteen hundred ninety-six based on a claim\\nsubmitted later than three years after the end of the school year in\\nwhich services were rendered, provided however that no payment shall be\\nbarred or reduced where such payment is required as a result of a court\\norder or judgment or a final audit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4410", "title" : "Special education services and programs for preschool children with handicapping conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2015-07-10", "2015-07-17", "2015-08-21", "2016-04-08", "2016-07-08", "2017-04-21", "2017-08-18", "2017-12-01", "2018-04-27", "2018-06-08", "2018-07-06", "2018-08-31", "2019-04-19", "2020-04-24", "2021-04-23", "2021-07-30", "2022-07-08", "2023-09-15", "2024-04-26", "2024-05-31", "2024-07-05", "2025-04-04", "2025-05-16", "2025-12-05", "2026-06-05" ], "docLevelId" : "4410", "activeDate" : "2014-09-22", "sequenceNo" : 1330, "repealedDate" : null, "fromSection" : "4410", "toSection" : "4410", "text" : " § 4410. Special education services and programs for preschool children\\nwith handicapping conditions. 1. Definitions. As used in this section:\\n a. \"Approved evaluator\" means either:\\n (1) a program approved by the commissioner pursuant to paragraph b of\\nsubdivision nine of this section; or\\n (2) a school district or group of appropriately licensed and/or\\ncertified professionals associated with a public or private agency\\napproved by the commissioner pursuant to subdivision nine-a of this\\nsection.\\n b. \"Approved program\" means a program approved by the commissioner\\npursuant to paragraph a of subdivision nine of this section.\\n c. \"Board\" means:\\n (i) a board of education as defined in section two of this chapter; or\\n (ii) trustees of a common school district as defined in section\\nsixteen hundred one of this chapter.\\n d. \"City or county official\" means the chief executive officer, or, in\\nany county which does not have a chief executive officer, the county\\ngoverning body, or the mayor of the city of New York.\\n e. \"Committee\" means committee on preschool special education.\\n f. \"First eligible for services\" means the earliest date on which a\\nchild becomes age-eligible for services pursuant to this section, and as\\ndefined in regulations of the commissioner in accordance with applicable\\nfederal law and regulations, except that a child who is already\\nreceiving services under section two hundred thirty-six of the family\\ncourt act or its successor may, if the parent so chooses, continue to be\\neligible to receive such services through August thirty-first of the\\ncalendar year in which the child first becomes age-eligible to receive\\nservices pursuant to this section.\\n g. \"Municipality\" means a county outside the city of New York or the\\ncity of New York in the case of a county contained within the city of\\nNew York.\\n h. \"Parent\" means parent or person in parental relation.\\n i. \"Preschool child\" means a child with a disability as defined in\\nsection forty-four hundred one of this article who is first eligible for\\nservices as defined in paragraph f of this subdivision but who will not\\nhave become five years of age on or before December first of the school\\nyear, or a later date if a board establishes such later date for\\neligibility to attend school. A child shall be deemed a preschool child\\nthrough the month of August of the school year in which the child first\\nbecomes eligible to attend school pursuant to section thirty-two hundred\\ntwo of this chapter.\\n j. \"Related services\" means those services as defined in paragraph k\\nof subdivision two of section forty-four hundred one of this article\\nprovided to a preschool child at a site determined by the board,\\nincluding but not limited to an approved or licensed prekindergarten or\\nhead start program; the work site of the provider; the child's home; a\\nhospital; a state facility; or a child care location as defined in\\nparagraph a of subdivision eight of this section. If the board\\ndetermines that documented medical or special needs of the preschool\\nchild indicate that the child should not be transported to another site,\\nthe child shall be entitled to receive related services in the preschool\\nchild's home.\\n k. \"Special education itinerant services\" means an approved program\\nprovided by a certified special education teacher on an itinerant basis\\nin accordance with the regulations of the commissioner, at a site\\ndetermined by the board, including but not limited to an approved or\\nlicensed prekindergarten or head start program; the child's home; a\\nhospital; a state facility; or a child care location as defined in\\nparagraph a of subdivision eight of this section. If the board\\ndetermines that documented medical or special needs of the preschool\\nchild indicate that the child should not be transported to another site,\\nthe child shall be entitled to receive special education itinerant\\nservices in the preschool child's home.\\n 2. Provision of services. The board of each school district shall be\\nresponsible for the provision of special education services and programs\\nto preschool children in accordance with the provisions of subdivision\\ntwo of section four thousand four hundred one of this article, except as\\notherwise limited by regulations of the commissioner; provided, however,\\nthat prior to July first, nineteen hundred ninety-one, a board shall be\\nresponsible for the provision of special education services and programs\\nto a preschool child only to the extent that there is an approved\\nprogram available for such preschool children.\\n 3. Committee on preschool special education. a. Each such board shall\\nestablish one or more committees to conduct meetings to develop, review\\nand revise the individualized education program of a preschool child\\nwith a disability.\\n * (1) Such board shall ensure that such committee is composed of at\\nleast the following members: (i) the parents of the preschool child;\\n(ii) a regular education teacher of such child, whenever the child is or\\nmay be participating in a regular education environment; (iii) a special\\neducation teacher of the child or, if appropriate, a special education\\nprovider of the child; (iv) an appropriate professional employed by the\\nschool district who is qualified to provide, or supervise the provision\\nof, special education, who is knowledgeable about the general curriculum\\nof the school district and the availability of preschool special\\neducation programs and services and other resources in the school\\ndistrict and the municipality, and who shall serve as chairperson of the\\ncommittee; (v) an additional parent of a child with a disability who\\nresides in the school district or a neighboring school district and\\nwhose child is enrolled in a preschool or elementary level education\\nprogram, provided that such parent shall not be employed by or under\\ncontract with the school district or municipality, and provided further\\nthat such additional parent shall not be a required member unless the\\nparents, or a member of the committee on preschool special education,\\nrequest that such additional parent member participate in accordance\\nwith this subparagraph; (vi) an individual who can interpret the\\ninstructional implications of evaluation results, provided that such\\nindividual may be the member appointed pursuant to clause (ii), (iii),\\n(iv) or (vii) of this subparagraph where such individuals are determined\\nby the school district to have the knowledge and expertise to do so;\\n(vii) such other persons having knowledge or expertise regarding the\\nchild as the board or the parents shall designate, to the extent\\nrequired under federal law; and for a child in transition from programs\\nand services provided pursuant to applicable federal laws relating to\\nearly intervention services, at the request of the parent or person in\\nparental relation to the child, the appropriate professional designated\\nby the agency that has been charged with the responsibility for the\\npreschool child pursuant to said applicable federal laws. In addition,\\nthe chief executive officer of the municipality of the preschool child's\\nresidence shall appoint an appropriately certified or licensed\\nprofessional to the committee. Attendance of the appointee of the\\nmunicipality shall not be required for a quorum. The additional parent\\nneed not be in attendance at any meeting of the committee on preschool\\nspecial education unless specifically requested in writing, at least\\nseventy-two hours prior to such meeting, by the parents or other person\\nin parental relation to the student in question or a member of the\\ncommittee on preschool special education. The parents or persons in\\nparental relation of the student in question shall receive proper\\nwritten notice of their right to have an additional parent attend any\\nmeeting of the committee regarding the student along with a statement,\\nprepared by the department, explaining the role of having the additional\\nparent attend the meeting.\\n * NB Effective until June 30, 2015\\n * (1) Such board shall ensure that such committee is composed of at\\nleast the following members: (i) the parents of the preschool child;\\n(ii) a regular education teacher of such child, whenever the child is or\\nmay be participating in a regular education environment; (iii) a special\\neducation teacher of the child or, if appropriate, a special education\\nprovider of the child; (iv) an appropriate professional employed by the\\nschool district who is qualified to provide, or supervise the provision\\nof, special education, who is knowledgeable about the general curriculum\\nof the school district and the availability of preschool special\\neducation programs and services and other resources in the school\\ndistrict and the municipality, and who shall serve as chairperson of the\\ncommittee; (v) an additional parent of a child with a disability who\\nresides in the school district or a neighboring school district and\\nwhose child is enrolled in a preschool or elementary level education\\nprogram, provided that such parent shall not be employed by or under\\ncontract with the school district or municipality, and provided further\\nthat such additional parent shall not be a required member if the\\nparents request that such additional parent member not participate; (vi)\\nan individual who can interpret the instructional implications of\\nevaluation results, provided that such individual may be the member\\nappointed pursuant to clause (ii), (iii), (iv) or (vii) of this\\nsubparagraph where such individuals are determined by the school\\ndistrict to have the knowledge and expertise to do so; (vii) such other\\npersons having knowledge or expertise regarding the child as the board\\nor the parents shall designate, to the extent required under federal\\nlaw; and for a child in transition from programs and services provided\\npursuant to applicable federal laws relating to early intervention\\nservices, the appropriate professional designated by the agency that has\\nbeen charged with the responsibility for the preschool child pursuant to\\nsaid applicable federal laws. In addition, the chief executive officer\\nof the municipality of the preschool child's residence shall appoint an\\nappropriately certified or licensed professional to the committee.\\nAttendance of the appointee of the municipality shall not be required\\nfor a quorum.\\n * NB Effective June 30, 2015\\n (2) At least five business days prior to a meeting of the committee on\\npreschool special education notice of such meeting shall be given to\\neach committee member, including the appointee of the municipality, and\\nthe parent of the preschool child, in writing by first class mail,\\npostage prepaid, telefacsimile, or by personal service. The\\nappropriately licensed or certified professional designated by the\\nagency that has been charged with the responsibility for the preschool\\nchild pursuant to applicable federal laws relating to early intervention\\nservices shall attend all meetings of the committee conducted prior to\\nthe child's initial receipt of services pursuant to this section. The\\nregular education teacher of the child shall participate in the\\ndevelopment, review and revision of an individualized education program\\nfor the child to the extent required under federal law. A member of such\\ncommittee shall be considered as a member of a committee on special\\neducation for the purposes of section thirty-eight hundred eleven of\\nthis chapter.\\n * (3) Notwithstanding any provision of law, rule or regulation to the\\ncontrary, a member of the committee on preschool special education,\\nother than the parents or persons in parental relation to the student or\\nthe appointee of the municipality, is not required to attend a meeting\\nof the team, in whole or in part, if the parent or person in parental\\nrelation to the student and the school district agree, in writing, that\\nthe attendance of the member is not necessary because the member's area\\nof the curriculum or related services is not being modified or discussed\\nat the meeting.\\n * NB Repealed June 30, 2015\\n * (4) Notwithstanding any provision of law, rule or regulation to the\\ncontrary, a member of the committee on preschool special education,\\nother than the parents or persons in parental relation to the student or\\nthe appointee of the municipality, may be excused from attending a\\nmeeting of the committee, in whole or in part, when the meeting involves\\na modification to or discussion of the member's area of the curriculum\\nor related services if the parent or person in parental relation to the\\nstudent and the school district consent, in writing, to the excusal and\\nthe excused member submits to the parent or person in parental relation\\nto the student and such committee, written input into the development of\\nthe individualized education program, and in particular written input\\nwith respect to their area of curriculum or related services prior to\\nthe meeting.\\n * NB Repealed June 30, 2015\\n * (5) Requests for excusal of a member of the committee on preschool\\nspecial education as provided for in subparagraphs three and four of\\nthis paragraph, and the written input as provided for in subparagraph\\nfour of this paragraph, shall be provided not less than five calendar\\ndays prior to the meeting date, in order to afford the parent or person\\nin parental relation a reasonable time to review and consider the\\nrequest. Provided however, that a parent or person in parental relation\\nshall retain the right to request and/or agree with the school district\\nto excuse a member of the committee on preschool education at any time\\nincluding where the member is unable to attend the meeting because of an\\nemergency or unavoidable scheduling conflict and the school district\\nsubmits the written input for review and consideration by the parent or\\nperson in parental relation within a reasonable time prior to the\\nmeeting and prior to obtaining written consent of the parent or person\\nin parental relation to such excusal.\\n * NB Repealed June 30, 2015\\n * (6) Notwithstanding any other provision of law, rule or regulation\\nto the contrary, in making changes to a student's individualized\\neducation program after the annual review has been conducted, the parent\\nor person in parental relation to the student and the school district\\nmay agree not to convene a meeting of the committee on preschool special\\neducation for the purpose of making those changes, and instead may\\ndevelop a written document to amend or modify the student's current\\nindividualized education program under the following circumstances:\\n (i) The parent or person in parental relation makes a request to the\\nschool district for an amendment to the individualized education program\\nand the school district and such parent or person in parental relation\\nagree in writing; or\\n (ii) The school district provides the parent or person in parental\\nrelation with a written proposal to amend a provision or provisions of\\nthe individualized education program that is conveyed in language\\nunderstandable to the parent or person in parental relation in such\\nparent's or such person's native language or other dominant mode of\\ncommunication, informs and allows the parent or person in parental\\nrelation the opportunity to consult with the appropriate personnel or\\nrelated service providers concerning the proposed changes and the parent\\nor person in parental relation agrees in writing to such amendments.\\n (iii) If the parent or person in parental relation agrees to amend the\\nindividualized education program without a meeting, the parent or person\\nin parental relation shall be provided prior written notice of the\\nchanges to the individualized education program resulting from such\\nwritten document and the committee on preschool special education shall\\nbe notified of such changes. If the school district makes such changes\\nby rewriting the entire individualized education program, it shall\\nprovide the parent or person in parental relation with a copy of the\\nrewritten individualized education program. If the school district\\namends the individualized education program without rewriting the entire\\ndocument, the school district shall provide the parent or person in\\nparental relation with a copy of the document that amends or modifies\\nthe individualized education program or, upon request of the parent or\\nperson in parental relation, a revised copy of the individualized\\neducation program with the amendments incorporated.\\n Amendments to an individualized education program pursuant to this\\nclause shall not affect the requirement that the committee on preschool\\nspecial education review the individualized education program at the\\nannual meeting, or more often if necessary.\\n * NB Repealed June 30, 2015\\n b. Two or more boards may, subject to the approval of the\\ncommissioner, establish a joint committee. Boards seeking to establish\\nsuch a joint committee shall apply to the commissioner for approval on a\\nform prescribed by the commissioner. Such application shall include, but\\nnot be limited to, a plan for holding meetings in a manner and at a\\nlocation convenient for parents.\\n c. A municipality with one or more boards located within the\\nmunicipality may coordinate the scheduling and location of meetings with\\nthe prior consent of such board or boards and the approval of the\\ncommissioner.\\n d. The committee shall review, at least annually, the status of each\\npreschool child.\\n e. In any meeting held to review or evaluate a preschool child, the\\npreschool child's parent shall be given the opportunity to attend and\\nparticipate in the meeting. The committee shall permit individuals\\ninvited by the parent to be present. To the extent possible, any meeting\\nof the committee shall be held at a site mutually convenient to the\\nmembers of the committee and the parent of the preschool child,\\nincluding but not limited to the work site of the evaluator, the\\nmunicipal representative on the committee, or the chairperson of the\\ncommittee. In a city having a population of less than two hundred fifty\\nthousand but more than two hundred thousand and in a city having a\\npopulation of less than one hundred seventy-five thousand but more than\\none hundred fifty thousand, the chairperson of the committee shall\\ndetermine the location of the meeting.\\n f. After notification by a service coordinator, as defined in section\\ntwenty-five hundred forty-one of the public health law, that a child\\nreceiving services pursuant to title II-A of article twenty-five of the\\npublic health law potentially will transition to receiving services\\nunder this section and that a conference is to be convened to review the\\nchild's program options and establish a transition plan, which\\nconference must occur at least ninety days before such child would be\\neligible for services under this section, the chairperson of the\\ncommittee on preschool special education of the local school district or\\nhis or her designee in which such child resides shall participate in the\\nconference.\\n g. In any meeting of the committee held to review or reevaluate the\\nstatus of a preschool child, the professional who participated in the\\nevaluation shall, upon the request of the parent or committee, attend\\nand participate at such meeting.\\n 4. Evaluations. a. The board shall identify each preschool child\\nsuspected of having a handicapping condition who resides within the\\ndistrict and, upon referral to the committee shall, with the consent of\\nthe parent, provide for an evaluation related to the suspected\\ndisability of the child. The board shall make such identification in\\naccordance with regulations of the commissioner.\\n b. Each board shall, within time limits established by the\\ncommissioner, be responsible for providing the parent of a preschool\\nchild suspected of having a handicapping condition with a list of\\napproved evaluators in the geographic area. The parent may select the\\nevaluator from such list. Each board shall provide for dissemination of\\nthe list and other information to parents at appropriate sites including\\nbut not limited to pre-kindergarten, day care, head start programs and\\nearly childhood direction centers, pursuant to regulations of the\\ncommissioner.\\n c. The documentation of the evaluation shall include all assessment\\nreports and a summary report of the findings of the evaluation on a form\\nprescribed by the commissioner including a detailed statement of the\\npreschool child's individual needs. The summary report shall not make\\nreference to any specific provider of special services or programs. In\\naddition, with the consent of the parents, approved evaluators and\\ncommittees shall be provided with the most recent evaluation report for\\na child in transition from programs and services provided pursuant to\\ntitle two-a of article twenty-five of the public health law. Nothing\\nshall prohibit an approved evaluator or the committee from reviewing\\nother assessments or evaluations to determine if such assessments or\\nevaluations fulfill the requirements of the regulations of the\\ncommissioner. Notwithstanding any inconsistent provisions of this\\nsection, the committee, in its discretion, may obtain an evaluation of\\nthe child from another approved evaluator prior to making any\\nrecommendation that would place a child in the approved program that\\nconducted the evaluation of the child. If the committee recommends\\nplacing a child in an approved program that also conducted an evaluation\\nof such child it shall indicate in writing that such placement is an\\nappropriate one for the child. In addition, the committee shall provide\\nnotice to the commissioner of such recommendation.\\n d. The approved evaluator shall, following completion of the\\nevaluation, transmit the documentation of the evaluation to all members\\nof the committee and to a person designated by the municipality in which\\nthe preschool child resides. Each municipality shall notify the approved\\nevaluators in the geographic area of the person so designated. The\\nsummary report of the evaluation shall be transmitted in English and\\nwhen necessary, also in the dominant language or other mode of\\ncommunication of the parent; the documentation of the evaluation shall\\nbe transmitted in English and, upon the request of the parent, also in\\nthe dominant language or other mode of communication of the parent,\\nunless not clearly feasible to do so pursuant to regulations promulgated\\nby the commissioner. Costs of translating the summary report and\\ndocumentation of the evaluation shall be separately reimbursed. If,\\nbased on the evaluation, the committee finds that a child has a\\nhandicapping condition, the committee shall use the documentation of the\\nevaluation to develop an individualized education program for the\\npreschool child. Nothing herein shall prohibit an approved evaluator\\nfrom at any time providing the parent with a copy of the documentation\\nof the evaluation provided to the committee.\\n e. Prior to the committee meeting at which eligibility will be\\ndetermined, the committee shall provide the parent with a copy of the\\nsummary report of the findings of the evaluation, and shall provide the\\nparent with written notice of the opportunity to address the committee\\nin person or in writing. Upon timely request of the parent, the\\ncommittee shall, prior to meeting, provide a copy of all written\\ndocumentation to be considered by the committee; provided, however, that\\nsuch material shall be provided to the parent at any time upon request.\\n f. If the parent disagrees with the evaluation, the parent may obtain\\nan additional evaluation at public expense to the extent authorized by\\nfederal law or regulation.\\n 5. Determination of services. a. The committee shall review all\\nrelevant information, including but not limited to:\\n (i) information presented by the parent and the child's teacher or\\nteachers pertinent to each child suspected of having a handicapping\\ncondition;\\n (ii) the results of all evaluations; and\\n (iii) information provided by the appropriate licensed or certified\\nprofessional designated by the agency that is charged with the\\nresponsibility for the child pursuant to applicable federal laws, if\\nany.\\n b. (i) If the committee determines that the child has a disability,\\nthe committee shall recommend approved appropriate services or special\\nprograms and the frequency, duration and intensity of such services,\\nincluding but not limited to the appropriateness of single services or\\nhalf-day programs based on the individual needs of the preschool child.\\nThe committee shall first consider the appropriateness of providing: (i)\\nrelated services only; (ii) special education itinerant services only;\\n(iii) related services in combination with special education itinerant\\nservices; (iv) a half-day program, as defined in the regulations of the\\ncommissioner; (v) a full day program; in meeting the child's needs. If\\nthe committee determines that the child demonstrates the need for a\\nsingle related service, such service shall be provided as a related\\nservice only or, where appropriate, as a special education itinerant\\nservice. Prior to recommending the provision of special education\\nservices in a setting which includes only preschool children with\\ndisabilities, the committee shall first consider providing special\\neducation services in a setting which includes age-appropriate peers\\nwithout disabilities. Provision of special education services in a\\nsetting with no regular contact with such age-appropriate peers shall be\\nconsidered only when the nature or severity of the child's disability is\\nsuch that education in a less restrictive environment with the use of\\nsupplementary aids and services cannot be achieved satisfactorily. The\\ncommittee's recommendation shall include a statement of the reasons why\\nless restrictive placements were not recommended. The committee may\\nrecommend placement in a program that uses psychotropic drugs only if\\nthe program has a written policy pertaining to such use and the parent\\nis given a copy of such written policy at the time such recommendation\\nis made.\\n (ii) The committee shall recommend approved appropriate services or\\nspecial programs. The recommendation shall be based on the individual\\nneeds of the preschool child. Appropriate services may include one or\\nmore related services selected from a list maintained by a municipality\\npursuant to paragraph c of subdivision nine of this section; provided,\\nhowever, that if the committee recommends one or more related services\\nfrom such list, or itinerant services, the committee shall request that\\nthe parent identify the initial child care location arranged by the\\nparent, or other site, at which each such service will be provided.\\n (iii) The reasons for such recommendation shall be in writing and\\nshall be furnished to the preschool child's parent, the municipality in\\nwhich the preschool child resides and the board. If the committee's\\nrecommendation differs from an expressed preference of a parent with\\nrespect to the frequency, duration or intensity of services, or with\\nrespect to more or less restrictive settings, the committee shall\\ninclude in its statement the reasons why the committee recommended a\\nprogram or service other than that preferred by the parent. The\\ncommittee shall include in its recommendation any statement or\\nstatements provided by the parent, which the board shall consider.\\n (iv) The members of the committee or subcommittee may compile a list\\nof appropriate and/or helpful services that may be available outside of\\nthe school setting to provide the parents or person in parental relation\\nof a child with a disability with such information. Such list shall\\nclearly state that these services are in addition to services supplied\\nby the school district and will not be paid for by the school district.\\nAny member of a committee or his or her respective school district who,\\nacting reasonably and in good faith, provides such information shall not\\nbe liable for such action.\\n c. After consideration of the recommendation of the committee and its\\nstatement of reasons, including any statement or statements of a parent\\nsetting forth an expressed preference, the board shall arrange for the\\nprovision of the recommended special services or programs from among the\\nspecial services and programs approved for such purpose by the\\ncommissioner. In the event the special service or program will be\\nprovided in the child's home or another care setting for which the\\nparent has made or subsequently makes arrangements, no transportation\\nshall be indicated.\\n d. If the board disagrees with the recommendation of the committee, it\\nshall set forth in writing a statement of its reasons and send the\\nrecommendation back to the committee, a notice of which shall be\\nfurnished to the preschool child's parent and the municipality in which\\nthe preschool child resides. In the event a board refers the\\nrecommendation back to the committee for reconsideration, the board\\nshall also notify the parent and the committee in writing of the need to\\nschedule a meeting to ensure timely placement. If the determination is\\nfor two or more related services, where possible, the board shall select\\nfrom the list maintained by the municipality pursuant to paragraph c of\\nsubdivision nine of this section such related service providers that are\\nemployed by a single agency for the provision of such services. The\\nboard shall provide each related service provider with a copy of the\\nindividualized education program and the name and location of each\\nrelated service provider. The board shall designate one of the service\\nproviders to coordinate the provision of the related services. If the\\ndetermination is for special education itinerant services and one or\\nmore related services, the special education itinerant service provider\\nshall be responsible for the coordination of such services pursuant to\\nregulations of the commissioner.\\n * e. A preschool child shall receive the services of a program\\narranged for by the board commencing with the starting date for such\\nprogram, unless such services are recommended by the committee less than\\nthirty days prior to, or after, the starting date for such program, in\\nwhich case, such services shall be provided as soon as possible\\nfollowing development of the individualized education program, but no\\nlater than thirty days from the recommendation of the committee;\\nprovided, however, that in no case shall a child receive services prior\\nto the date that such child is first eligible for services pursuant to\\nparagraph f of subdivision one of this section.\\n * NB Effective until June 30, 2015\\n * e. A preschool child shall receive the services of a program\\narranged for by the board commencing with the starting date for such\\nprogram, unless such services are recommended by the committee less than\\nthirty days prior to, or after, the starting date for such program, in\\nwhich case, such services shall be provided no later than thirty days\\nfrom the recommendation of the committee; provided, however, that in no\\ncase shall a child receive services prior to the date that such child is\\nfirst eligible for services pursuant to paragraph f of subdivision one\\nof this section.\\n * NB Effective June 30, 2015\\n f. The board shall give written notice of the special services or\\nprograms arranged for to the appropriate municipality, and to the\\nrelated service provider or the approved program selected to provide the\\nservices. The municipality shall contract with the approved program in a\\ntimely manner but in no event later than forty days from the receipt of\\nwritten notice of the determination of the board. If the municipality is\\na city of one million or more persons, the municipality may delegate\\ncontracting authority to the board. The contract shall include but not\\nbe limited to any provisions required by the commissioner, shall adhere\\nto the rates established pursuant to subdivision ten of this section as\\napplicable and shall be in a form approved by the commissioner. After\\nreceipt of notification from a municipality of actions taken pursuant to\\nthis paragraph and subdivision eight of this section, the commissioner\\nshall issue a notice of authorization for reimbursement to the\\nmunicipality pursuant to the provisions of subdivisions ten and eleven\\nof this section. Provided further, any agreement for transportation\\nservices pursuant to subdivision eight of this section shall be a\\ncontract, separate and distinct from the contract for special services\\nor programs pursuant to this section, between the municipality and the\\napproved program which shall include but not be limited to any\\nprovisions required by the commissioner on a form prescribed by the\\ncommissioner.\\n g. The board shall determine the appropriate municipality based on the\\nmunicipality within the school district in which the preschool child\\nresides at the time such board issues its written notice of\\ndetermination. The board shall terminate such determination if the board\\narranges for the provision of a new service or program for such child or\\nif the preschool child moves out of the school district or moves to a\\ndifferent municipality within the school district. If the board\\nterminates such determination for a preschool child because such child\\nmoves to a different municipality within the school district, such board\\nshall issue a new written notice of determination for the same special\\neducation service or program effective the next school day which shall\\nbecome the responsibility of the new municipality in which such child\\nresides. Pursuant to regulations promulgated by the commissioner, if the\\npreschool child moves to a school district that is within a reasonable\\ndistance of the child's current approved placement such child may\\ncontinue in such placement if it is consistent with the individualized\\nneeds of the child and the board of the new school district shall issue\\na notice of determination to continue such placement, provided that\\nnothing shall preclude a parent from requesting and receiving from the\\ncommittee of the new school district a reevaluation of the continued\\nplacement of such preschool child prior to the annual review\\nestablishing the placement for the next school year.\\n h. Such special services or programs shall be furnished between the\\nmonths of September and June of each year, except for those preschool\\nchildren whose disabilities are severe enough to exhibit the need for a\\nstructured learning environment of twelve months duration to prevent\\nsubstantial regression. The committee shall include in its\\nrecommendation for such services or programs a statement of the reasons\\nfor such recommendation. The board, after consideration of the\\nrecommendation of the committee, shall select an appropriate special\\nservice or program for each preschool child eligible for such special\\nservice or program during the months of July and August from among those\\nprograms approved for such purpose by the commissioner. Nothing\\ncontained herein shall be construed to prevent the committee from\\nrecommending or the board from selecting a special service or program,\\nor the frequency or duration of a special service or program, which is\\ndifferent in type or intensity than the service or program that the\\nchild is furnished between the months of September and June.\\n 6. Professional practice issues. a. Notwithstanding any provisions of\\nlaw to the contrary, approved programs operated by private providers\\nshall be authorized to employ licensed professionals or contract with\\nlicensed professionals or entities legally authorized to provide\\nprofessional services in accordance with section sixty-five hundred\\nthree-b of this chapter.\\n b. An approved program may be formed as an education corporation, or\\nwith the consent of the commissioner as: (i) a not-for-profit\\ncorporation; (ii) a business corporation that has the operation of an\\napproved program or another special education school as a primary\\npurpose; (iii) a limited liability company; (iv) a professional service\\nlimited liability company or a foreign professional service limited\\nliability company in accordance with the applicable provisions of\\narticle twelve or thirteen of the limited liability company law; (v) a\\nregistered limited liability partnership or registered foreign limited\\nliability partnership in accordance with article eight-B of the\\npartnership law. In addition, a group of appropriately licensed or\\ncertified professionals may be formed as a professional services\\ncorporation established pursuant to article fifteen of the business\\ncorporation law or as a professional service limited liability company,\\nforeign professional service limited liability company or registered\\nlimited liability partnership or registered foreign limited liability\\npartnership in accordance with article eight-B of the partnership law.\\nAn approved program formed as such a professional service limited\\nliability company or registered limited liability partnership may be\\nauthorized to provide special education itinerant services or other\\neducational services not involving the practice of a profession under\\ntitle eight of this chapter, and, upon grant of a waiver pursuant to\\nsection sixty-five hundred three-b of this chapter, may employ or\\ncontract with individuals licensed or otherwise authorized to practice,\\nor with a professional service corporation, partnership or other entity\\nlegally authorized to practice any profession under title eight of this\\nchapter in which the entity would not be authorized to provide\\nprofessional services under the applicable provisions of section twelve\\nhundred three or subdivision (a) of section thirteen hundred one of the\\nlimited liability company law or sections 121-1500 or 121-1502 of the\\npartnership law, provided that such contract is within the scope of the\\ndepartment's approval and is only for the purpose of conducting a\\nmulti-disciplinary evaluation of a preschool child suspected of having a\\ndisability or a preschool child with a disability or providing related\\nservices specified in the individualized education program of a\\npreschool child with a disability.\\n c. Notwithstanding any other provision of law to the contrary, the\\nexemption in subdivision two of section eighty-two hundred seven of this\\nchapter shall apply to persons employed by a center-based program\\napproved pursuant to subdivision nine of this section to perform the\\nduties of a speech-language pathologist, audiologist, teacher of the\\nspeech and hearing impaired or teacher of the deaf to students enrolled\\nin such approved center-based program in the course of their employment.\\n d. Notwithstanding any other provision of law to the contrary, the\\nexemption in subdivision one of section seventy-six hundred five of this\\nchapter shall apply to persons employed by a center-based program\\napproved pursuant to subdivision nine of this section as a school\\npsychologist to provide activities, services and use of the title\\npsychologist to students enrolled in such approved center-based program\\nin the course of their employment.\\n 7. Appeals. * a. The parent may file a written request with the board\\nfor an impartial hearing with respect to any matter relating to the\\nidentification, evaluation or educational placement of, or provision of\\na free appropriate public education to, the preschool child or a\\nmanifestation determination or other matter relating to the preschool\\nchild's placement upon discipline, provided, however, that mediation\\nshall be available to the parent in accordance with the procedures\\nspecified in section forty-four hundred four-a of this article.\\n * NB Effective until June 30, 2015\\n * a. If the determination of the board is not acceptable to the\\nparent, or if the committee or board fails to make or effectuate such a\\nrecommendation within such periods of time as are required by\\nsubdivision five of this section or by the regulations of the\\ncommissioner, such parent may file a written request with the board for\\nan impartial hearing, provided, however, that mediation shall be\\navailable to the parent in accordance with the procedures specified in\\nsection forty-four hundred four-a of this article.\\n * NB Effective June 30, 2015\\n * b. Upon receipt of such request, the board shall provide for a\\nhearing to be conducted in accordance with the provisions of subdivision\\none of section forty-four hundred four of this article. The impartial\\nhearing officer shall render a decision, and mail a copy of the decision\\nto the parents and to the board, not later than thirty calendar days\\nafter the receipt by the board of a request for a hearing or after the\\ninitiation of such a hearing by the board. The decision of the impartial\\nhearing officer shall be based solely upon the record of the proceeding\\nbefore the impartial hearing officer, and shall set forth the reasons\\nand the factual basis for the determination. The decision shall also\\ninclude a statement advising the parents and the board of the right to\\nobtain a review of such a decision by a state review officer. The board\\nmay initiate a hearing to the extent provided in subdivision one of\\nsection forty-four hundred four of this article.\\n * NB Effective until June 30, 2015\\n * b. Upon receipt of such request, the board shall provide for a\\nhearing to be conducted in accordance with the provisions of subdivision\\none of section forty-four hundred four of this article. The impartial\\nhearing officer shall render a decision, and mail a copy of the decision\\nto the parents and to the board, not later than thirty calendar days\\nafter the receipt by the board of a request for a hearing or after the\\ninitiation of such a hearing by the board. The decision of the impartial\\nhearing officer shall be based solely upon the record of the proceeding\\nbefore the impartial hearing officer, and shall set forth the reasons\\nand the factual basis for the determination. The decision shall also\\ninclude a statement advising the parents and the board of the right to\\nobtain a review of such a decision by a state review officer.\\n * NB Effective June 30, 2015\\n * c. During the pendency of an appeal pursuant to this subdivision,\\nunless the board and the parent otherwise agree:\\n (i) a preschool child who has received services pursuant to\\nsubdivision five of this section, shall remain in the current\\neducational placement; or\\n (ii) a preschool child not previously served pursuant to this section\\nshall, if the parent agrees, receive services in the program designated\\nby the board pursuant to such subdivision five, which designation\\nresulted in such appeal.\\n A preschool child who is transitioning from part C of the individuals\\nwith disabilities education act and/or title two-A of article\\ntwenty-five of the public health law and is no longer eligible for\\nservices under part C and title two-A of article twenty-five of the\\npublic health law by reason of age, the school district or other public\\nagency is not required to provide the services that the child had been\\nreceiving under part C and such title two-A. If the child is found\\neligible for special education programs and services pursuant to this\\nsection, and the parent or person in parental relation consents to the\\ninitial provision of services, then the school district or other public\\nagency shall provide those special education programs and services that\\nare not in dispute between the parent and the school district or other\\npublic agency.\\n * NB Effective until June 30, 2015\\n * c. During the pendency of an appeal pursuant to this subdivision,\\nunless the board and the parent otherwise agree:\\n (i) a preschool child who has received services pursuant to\\nsubdivision five of this section, shall remain in the current\\neducational placement; or\\n (ii) a preschool child not previously served pursuant to this section\\nshall, if the parent agrees, receive services in the program designated\\nby the board pursuant to such subdivision five, which designation\\nresulted in such appeal; or\\n (iii) a preschool child who received services pursuant to section two\\nhundred thirty-six of the family court act during the previous year may\\nreceive, from the provider of such services, preschool special education\\nservices in an approved program appropriate to the needs of such child.\\n * NB Effective June 30, 2015\\n d. A state review officer of the education department shall review the\\ndecision of the impartial hearing officer in the manner prescribed in\\nsubdivision two of section forty-four hundred four of this article and\\nrender a decision no later than thirty days after the decision of such\\nhearing officer.\\n e. Review of the final determination or order of the state review\\nofficer may be brought in the manner prescribed in subdivision three of\\nsection forty-four hundred four of this article.\\n 8. Transportation. The municipality in which a preschool child resides\\nshall, beginning with the first day of service, provide either directly\\nor by contract for suitable transportation, as determined by the board,\\nto and from special services or programs; provided, however, that if the\\nmunicipality is a city with a population of one million or more persons\\nthe municipality may delegate the authority to provide such\\ntransportation to the board; and provided further, that prior to\\nproviding such transportation directly or contracting with another\\nentity to provide such transportation, such municipality or board shall\\nrequest and encourage the parents to transport their children at public\\nexpense, where cost-effective, at a rate per mile or a public service\\nfare established by the municipality and approved by the commissioner.\\nExcept as otherwise provided in this section, the parents' inability or\\ndeclination to transport their child shall in no way effect the\\nmunicipality's or board's responsibility to provide recommended\\nservices. Such transportation shall be provided once daily from the\\nchild care location to the special service or program and once daily\\nfrom the special service or program to the child care location up to\\nfifty miles from the child care location. If the board determines that a\\nchild must receive special services and programs at a location greater\\nthan fifty miles from the child care location, it shall request approval\\nof the commissioner. For the purposes of this subdivision, the term\\n\"child care location\" shall mean a child's home or a place where care\\nfor less than twenty-four hours a day is provided on a regular basis and\\nincludes, but is not limited to, a variety of child care services such\\nas day care centers, family day care homes and in-home care by persons\\nother than parents. All transportation of such children shall be\\nprovided pursuant to the procedures set forth in section two hundred\\nthirty-six of the family court act using the date called for in the\\nwritten notice of determination of the board or the date of the written\\nnotice of determination of the board, whichever comes later, in lieu of\\nthe date the court order was issued.\\n 9. Program approval. a. Providers of special services or programs\\nshall apply to the commissioner for program approval on a form\\nprescribed by the commissioner; such application shall include, but not\\nbe limited to, a listing of the services to be provided, the population\\nto be served, a plan for providing services in the least restrictive\\nenvironment and a description of its evaluation component, if any. The\\ncommissioner shall approve programs in accordance with regulations\\nadopted for such purpose and shall periodically review such programs at\\nwhich time the commissioner shall provide the municipality in which the\\nprogram is located or for which the municipality bears fiscal\\nresponsibility an opportunity for comment within thirty days of the\\nreview. In collaboration with municipalities and representatives of\\napproved programs, the commissioner shall develop procedures for\\nconducting such reviews. Municipalities shall be allowed to participate\\nin such departmental review process. Such review shall be conducted by\\nindividuals with appropriate experience as determined by the\\ncommissioner and shall be conducted not more than once every three\\nyears.\\n (iii) Commencing July first, nineteen hundred ninety-six and\\ncontinuing through June thirtieth, two thousand three, a moratorium on\\nthe approval of any new or expanded programs in settings which include\\nonly preschool children with disabilities is established. Exceptions\\nshall be made for cases in which school districts document a critical\\nneed for a new or expanded program in a setting which includes only\\npreschool children with disabilities, to meet the projected demand for\\nservices for preschool children in the least restrictive environment.\\nApplications for new or expanded programs may be made directly to the\\nstate education department. Nothing herein shall prohibit the\\ncommissioner from approving the modification of a full-day program into\\nhalf-day sessions.\\n Commencing July 1, 1999 the department shall only approve any new or\\nexpanded programs in settings which include only preschool children with\\ndisabilities, if the applicant can document a critical need for a new or\\nexpanded program in a setting which includes only preschool children\\nwith disabilities to meet the projected demand for services for\\npreschool children in the least restrictive environment. If the\\ndepartment determines that approval will not be granted, it must notify\\nthe applicant, in writing, of its reasons for not granting such\\napproval. The department shall establish guidelines, within 90 days of\\nthe effective date of this section which shall state the criteria used\\nto determine if the applicant has demonstrated such a critical need. The\\ndepartment is authorized to consult with the local school district to\\nverify any data submitted.\\n On December 1, 2003 the commissioner shall submit a report to the\\nboard of regents, the majority leader of the senate, the speaker of the\\nassembly and governor evaluating the impact of such moratorium on the\\navailability of preschool special education services. The report shall\\ninclude: (i) information regarding the number of applications for new\\nprograms and program expansions and the disposition of those\\napplications by the commissioner; (ii) an assessment of the projected\\nneed for additional classes serving only disabled children and those\\nserving disabled children with their non-disabled peers and in other\\nless restrictive settings; (iii) an assessment of the projected need for\\nadditional programs due to program closings in the region, number of\\nchildren receiving early intervention services and existing waiting\\nlists; (iv) an assessment of the distance that children must be\\ntransported to receive preschool special education services; (v) an\\nevaluation of the programmatic performance and cost-effectiveness of\\nexisting programs; (vi) recommendations regarding ways in which improved\\nquality and cost-effectiveness could be achieved through the selective\\nexpansion of effective programs and/or the curtailment of less effective\\nprograms; and (vii) an assessment of the availability and effectiveness\\nof approved programs providing services to preschool children with\\nautism.\\n b. As part of an application submitted pursuant to paragraph a of this\\nsubdivision, a provider of special services or programs shall submit a\\ndescription of its multi-disciplinary evaluation component, if any,\\nwhich shall be subject to the approval of the commissioner in accordance\\nwith regulations adopted for such purpose after consultation with the\\nappropriate advisory committee. Such components or program may rely in\\npart on formal written agreements or affiliations with appropriately\\ncertified or licensed professionals, or agencies employing such\\nprofessionals, provided that such professionals or agencies perform\\ntheir responsibilities in conformance with regulations of the\\ncommissioner and that providers fully disclose any such arrangements on\\nall applications for program approval, and provided further that the\\nprovider certifies that it shall apply for and obtain a waiver pursuant\\nto section sixty-five hundred three-b of this chapter prior to providing\\nevaluation services pursuant to such written agreements or affiliations.\\nNothing herein shall require a provider of special services or programs\\nto have a multidisciplinary evaluation program.\\n c. Municipalities, or in the case of a city of one million or more\\npersons, the board, shall maintain a list of appropriately certified or\\nlicensed professionals to deliver related services consistent with this\\nsection and the regulations of the commissioner and shall determine\\nreasonable reimbursement for such services subject to the approval of\\nthe commissioner. Such list shall also include reasonable reimbursement,\\nas determined by the municipality and approved by the commissioner and\\nthe director of the budget, for the coordination of two or more related\\nservices pursuant to paragraph d of subdivision five of this section.\\n d. Providers may make application to conduct a program that relies on\\nformal written agreements or affiliations with other approved programs\\nor appropriately certified or licensed professionals, provided that such\\narrangements are fully disclosed on all applications to the commissioner\\nfor program approval, and provided further that the provider certifies\\nit shall apply for and obtain a waiver pursuant to section sixty-five\\nhundred three-b of this chapter prior to providing related services\\npursuant to any such written agreements or affiliations involving\\nlicensed professionals.\\n e. Nothing herein shall preclude an approved program from providing\\nservices in the preschool child's home.\\n f. As part of an application submitted pursuant to paragraph a of this\\nsubdivision, a provider of special services or programs shall describe\\nany program in which preschool children will receive services in\\nconjunction with children placed pursuant to section two hundred\\nthirty-six of the family court act or title II-A of article twenty-five\\nof the public health law. If such preschool program otherwise meets the\\ncriteria for approval of preschool programs established by regulations\\nof the commissioner, the commissioner shall approve such program.\\n g. As part of an application submitted pursuant to paragraph a of this\\nsubdivision, a provider of special services or programs shall certify\\npursuant to regulations promulgated by the commissioner that it will\\ntake measures to ensure its executive director or person performing the\\nduties of a chief executive officer: (i) meets the criteria established\\nby the commissioner to be an executive director; and (ii) if paid as a\\nfull time executive director, he or she is employed in a full time, full\\nyear position and shall not engage in activity that would interfere with\\nor impair such executive director's ability to carry out and perform his\\nor her duties, responsibilities and obligations.\\n * 9-a. (a) A school district or a group of appropriately licensed\\nand/or certified professionals associated with a public or private\\nagency may apply to the commissioner for approval as an evaluator on a\\nform prescribed by the commissioner. The commissioner shall approve\\nevaluators pursuant to this subdivision consistent with the approval\\nprocess for the multi-disciplinary evaluation component of programs\\napproved pursuant to subdivision nine of this section consistent with\\nregulations adopted pursuant to such subdivision.\\n Such application shall include, but not be limited to, a description\\nof the multi-disciplinary evaluation services proposed to be provided\\nand a demonstration that all agency employees and staff who provide such\\nevaluation services shall have appropriate licensure and/or\\ncertification and that the individual who shall have direct supervision\\nresponsibilities over such staff shall have an appropriate level of\\nexperience in providing evaluation or services to preschool or\\nkindergarten-aged children with disabilities. To be eligible for\\napproval as an evaluator under this subdivision on and after July first,\\ntwo thousand eleven, a group of appropriately licensed or certified\\nprofessionals shall be formed as a limited liability company or\\nprofessional services corporation established pursuant to article\\nfifteen of the business corporation law, article twelve or thirteen of\\nthe limited liability company law or article eight-B of the partnership\\nlaw. The approval of any groups of licensed or certified professionals\\nthat are in existence on July first, two thousand eleven and would not\\nbe eligible for approval thereafter shall terminate on July first, two\\nthousand thirteen.\\n (b) The commissioner shall periodically review such evaluators at\\nwhich time the commissioner shall provide the municipality in which the\\nevaluator is located an opportunity for comment.\\n (c) The commissioner shall establish a billing and reimbursement\\nsystem for services provided by evaluators approved pursuant to the\\nprovisions of this subdivision consistent with billing and reimbursement\\nfor evaluation services provided by evaluators approved pursuant to the\\nprovisions of subdivision nine of this section.\\n * NB Repealed July 1, 2015\\n 9-b. Program reapproval process. The commissioner shall periodically\\nreview and reapprove programs, including the provision of evaluation\\nservices, in accordance with regulations adopted for such purpose, which\\nshall include reapproval criteria designed to assure that quality\\nservices are provided in a necessary and cost efficient manner and in\\nthe least restrictive environment which may include settings in which\\nage-appropriate peers without disabilities are typically found. In\\nreviewing programs and the provision of evaluation services, the\\ncommissioner shall consider factors including, but not limited to, the\\npercentage of children receiving services from the approved program that\\nconducted the evaluation of the child; and whether there has been\\nevidence of misleading or erroneous advertising. The division of the\\nbudget shall consider in a timely manner all requests submitted by the\\ndepartment to hire sufficient staff to conduct such periodic reapproval\\nof programs, as determined by the commissioner, using available federal\\nfunds.\\n Such reapproval process shall provide the municipality in which the\\nprogram is located or for which the municipality bears fiscal\\nresponsibility, an opportunity for comment thirty or more days prior to\\ncompletion of the reapproval. In collaboration with municipalities and\\nrepresentatives of approved programs, the commissioner shall develop\\nprocedures for conducting such reapprovals. Municipalities shall be\\nallowed to participate in such departmental review process. Such\\nreapprovals shall be conducted by individuals with appropriate\\nexperience as determined by the commissioner and shall be conducted not\\nmore than once every three years, unless the commissioner, on his or her\\nown initiative or at the request of a municipality, determined that\\nreapprovals are earlier or more frequently required. The commissioner\\nshall commence such reapproval process no later than January fifteenth,\\nnineteen hundred ninety-seven. Program reapprovals may result in\\ndisapproval of the entire program or a component of the program,\\nincluding but not limited to the evaluation component. In reapproving a\\nprogram component, such approval criteria shall include, but not be\\nlimited to:\\n a. the extent to which the program offers services in settings with\\nregular contact with age-appropriate peers, where appropriate to the\\nneeds of the population served; and\\n b. whether there has been evidence of misleading or erroneous\\nadvertising.\\n Such reapproval shall assure an appropriate opportunity to be heard on\\nthe findings of the reapproval and the opportunity to address such\\nfindings through corrective or remedial action, where applicable. Such\\nreapproval process shall also provide for the determination of action on\\nthe part of the department to address the findings of the reapproval\\nwhich may include, but not be limited to, the withdrawal of approval to\\nprovide evaluation services.\\n 9-c. Advertising. The commissioner is authorized to require approved\\nprograms and evaluators to periodically submit copies of advertising for\\nreview, and to commence a proceeding to revoke the approval of an\\napproved program or evaluator pursuant to this subdivision for false,\\nmisleading, deceptive or fraudulent advertising pursuant to regulations\\nto be promulgated by the commissioner, which shall be consistent with\\narticle twenty-two-a of the general business law. Such regulations shall\\nprohibit advertisements from including misleading or erroneous\\ninformation with respect to services to be provided to preschool\\nchildren and their families. The department shall issue guidelines as to\\nappropriate advertising content. In a revocation proceeding, such\\nguidelines shall not be presumptive evidence that particular advertising\\nis appropriate.\\n 9-d. Business plans. Approved providers of special services and\\nprograms, including local educational agencies, shall develop and submit\\nto the commissioner, by January first, nineteen hundred ninety-seven, a\\nbusiness plan, the contents of which shall be determined by the\\ncommissioner, which redirects fiscal and personnel resources toward\\nproviding special education programs and services in settings with\\nchildren who do not have disabilities, and reduces the reliance on\\nprograms and settings which include only preschool children with\\ndisabilities.\\n 10. Approved costs. a. (i) (A) Commencing with the nineteen hundred\\nninety--ninety-one school year, the commissioner shall annually\\ndetermine the tuition rate for approved services or programs provided to\\npreschool children pursuant to this section. Such rates for providers of\\nsuch services and programs shall be determined in conformance with a\\nmethodology established pursuant to subdivision four of section\\nforty-four hundred five of this article after consultation with and a\\nreview of an annual report prepared by the advisory committee\\nestablished pursuant to paragraph a of subdivision twelve of this\\nsection and shall be subject to the approval of the director of the\\nbudget. Notwithstanding any other provision of law, rule or regulation\\nto the contrary, tuition rates established for the nineteen hundred\\nninety-five--ninety-six school year shall exclude the two percent cost\\nof living adjustment authorized in rates established for the nineteen\\nhundred ninety-four--ninety-five school year.\\n (B) Commencing with the two thousand fifteen--two thousand sixteen\\nschool year, such special education itinerant services shall be provided\\nby approved programs, and such approved programs shall be reimbursed for\\nsuch services based on the actual attendance of preschool children\\nreceiving such services.\\n (ii) Upon request, the commissioner shall, on a timely basis, transmit\\nto the municipality in which an approved program is located any\\ninformation provided by such approved program for the purpose of\\nestablishing a rate for the program.\\n (iii) Following determination of tuition rates pursuant to\\nsubparagraph (i) of this paragraph, the commissioner shall submit such\\nrates to the director of the budget for approval and shall\\nsimultaneously transmit to each municipality the rates for programs\\nlocated in the municipality. Within thirty calendar days of the\\ncommissioner's transmittal date, the municipality may submit comments in\\nwriting to the commissioner. The commissioner shall consider such\\ncomments and, if he deems it appropriate, adjust such rate prior to\\nfinal action by the director of the budget. If the commissioner does not\\nadjust the rate, the commissioner shall respond to the comments\\npresented by the municipality.\\n b. Reimbursement for evaluations conducted by approved evaluators\\nshall be provided pursuant to regulations of the commissioner after\\nconsultation with the advisory committee established pursuant to\\nparagraph a of subdivision twelve of this section and shall be subject\\nto approval by the director of the budget.\\n c. Approved costs for transportation shall be the costs incurred by\\nthe municipality in accordance with the provisions of subdivision eight\\nof this section. The commissioner shall establish, in consultation with\\nthe municipalities, and with the approval of the director of the budget,\\nregional ceilings for each region of the state, as defined by the\\ncommissioner, on the maximum allowable state reimbursement. In\\ndeveloping such ceilings, the commissioner shall consider the size of\\nthe geographic area to be served, the projected number of children\\nrequiring transportation services and such other factors as the\\ncommissioner shall determine may influence the cost of transportation\\nservices.\\n d. (i) At the beginning of the school year, the commissioner shall\\nallocate funds for reimbursement of allowable administrative costs, as\\ndefined in regulations of the commissioner, incurred by a board pursuant\\nto this section. Such allocation shall be in an amount equal to a school\\ndistrict's pro rata share of the statewide base year count of preschool\\nchildren as a percent of federal funds available for such reimbursement,\\nas determined by the commissioner. In January of any school year in\\nwhich additional federal funds are determined by the commissioner to be\\navailable for such reimbursement, the commissioner shall equitably\\nallocate such funds for reimbursement of allowable administrative costs,\\nin a manner determined by the commissioner which is consistent with\\nfederal statutes and regulations governing the use of federal funds, to\\nschool districts which have demonstrated a need for such additional\\nfunds. At the close of the school year for which such funds were\\nallocated, each board shall submit, in a form prescribed by the\\ncommissioner, a statement of the allowable administrative costs incurred\\npursuant to this section. A board may, subject to approval of the\\ncommissioner, submit any allowable administrative costs for which\\nfederal funds are not allocated to that school district pursuant to this\\nsubdivision to the appropriate municipality or municipalities for\\nreimbursement pursuant to subdivision eleven of this section.\\n (ii) Boards may submit reasonable costs incurred pursuant to\\nparagraphs a through d of subdivision seven of this section to the\\nappropriate municipality for reimbursement. Boards may also submit to\\nthe appropriate municipality for reimbursement of reasonable costs\\nincurred pursuant to paragraph e of subdivision seven of this section:\\n(A) in an action or proceeding brought by another party or (B) in an\\naction or proceeding brought by the board, other than an action or\\nproceeding brought against the state, a department, board or agency of\\nthe state or a state officer, except where such state defendant is\\njoined as a necessary party to such action or proceeding, if, upon final\\ndisposition of the action or proceeding, the board receives a judgment\\nin its favor annulling the determination or order of the state review\\nofficer. The municipality shall be reimbursed for payment of such costs\\npursuant to subdivision eleven of this section.\\n (iii) On or after July first, nineteen hundred ninety, and annually\\nthereafter until June thirtieth, two thousand one, municipalities shall\\nbe eligible for reimbursement for administrative costs incurred during\\nthe preceding year of fifty dollars for each eligible preschool child\\nserved in such year pursuant to this section. On or after July first,\\ntwo thousand one, and annually thereafter, municipalities shall be\\neligible for reimbursement for administrative costs incurred during the\\npreceding year of seventy-five dollars for each eligible preschool child\\nserved in such year pursuant to this section. Each municipality shall\\nsubmit a claim in a form prescribed by the commissioner. Upon approval,\\nreimbursement shall be made by the commissioner from appropriations\\navailable therefor. Such reimbursement shall be made in the first\\ninstance from any federal funds designated under federal law for local\\nuse, as determined by the commissioner, that are available after\\nsatisfying the provisions of subparagraph (i) of this paragraph. To the\\nextent that such federal funds are not sufficient or available to\\nreimburse a municipality for such costs, reimbursement shall be made\\nwith state funds.\\n e. Public special education funding provided for the purposes of this\\nsection shall not be used to purchase regular preschool educational\\nservices, day care or other child care services, or to purchase any\\ninstructional service other than special services or programs as defined\\nin subdivision two of section forty-four hundred one of this article or\\nin this section, and the purchase of such regular preschool educational\\nservices and child care services shall not be approvable pursuant to\\nthis section as a charge upon the municipality or the board.\\n 11. Financial responsibility for approved costs. a. The approved costs\\nfor a preschool child who receives services pursuant to this section\\nshall be a charge upon the municipality wherein such child resides. All\\napproved costs shall be paid in the first instance and at least\\nquarterly by the appropriate governing body or officer of the\\nmunicipality upon vouchers presented and audited in the same manner as\\nthe case of other claims against the municipality. Notwithstanding any\\ninconsistent provisions of this section, upon notification by the\\ncommissioner, a municipality may withhold payments due any provider for\\nservices rendered to preschool children in a program for which the\\ncommissioner has been unable to establish a tuition rate due to the\\nfailure of the provider to file complete and accurate reports for such\\npurpose, as required by the commissioner.\\n b. (i) Commencing with the reimbursement of municipalities for\\nservices provided pursuant to this section on or after July first,\\nnineteen hundred ninety-three, the state shall reimburse fifty-nine and\\none half percent of the approved costs paid by a municipality for the\\npurposes of this section. Commencing with the reimbursement of\\nmunicipalities for services provided pursuant to this section on or\\nafter July first, nineteen hundred ninety-four, the state shall\\nreimburse sixty-nine and one-half percent of the approved costs paid by\\na municipality for the purposes of this section. The state shall\\nreimburse fifty percent of the approved costs paid by a municipality for\\nthe purposes of this section for services provided prior to July first,\\nnineteen hundred ninety-three. Such state reimbursement to the\\nmunicipality shall not be paid prior to April first of the school year\\nin which such approved costs are paid by the municipality.\\n (ii) In accordance with a schedule adopted by the commissioner, each\\nmunicipality which has been notified by a board of its obligation to\\ncontract for the provision of approved special services or programs for\\na preschool child shall be provided with a listing of all such children\\nby the commissioner. Such list shall include approved services and costs\\nas prescribed by the commissioner for each such child for whom the\\nmunicipality shall certify, on such list, the amount expended for such\\npurposes and the date of expenditure. Upon the receipt of such certified\\nstatement, the commissioner shall examine the same, and if such\\nexpenditures were made as required by this section, the commissioner\\nshall approve it and transmit it to the comptroller for audit. The\\ncomptroller shall thereupon issue his warrant, in the amount specified\\nin such approved statement for the payment thereof out of moneys\\nappropriated therefor, to the municipal treasurer or chief fiscal\\nofficer as the case may be.\\n (iii) (a) Notwithstanding the provisions of this paragraph, any monies\\ndue municipalities pursuant to this paragraph for services provided\\nduring the two thousand eight--two thousand nine and prior school years\\nshall be reduced by an amount equal to the product of the percentage of\\nthe approved costs reimbursed by the state pursuant to subparagraph (i)\\nof this paragraph and any federal participation, pursuant to title XIX\\nof the social security act, in special education programs provided\\npursuant to this section. The commissioner shall deduct such amount, as\\ncertified by the commissioner of health as the authorized fiscal agent\\nof the state education department. Such deductions shall be made in\\naccordance with a plan developed by the commissioner and approved by the\\ndirector of the budget. To the extent that such deductions exceed moneys\\nowed to the municipality pursuant to this paragraph, such excess shall\\nbe deducted from any other payments due the municipality.\\n (b) Any moneys due municipalities pursuant to this paragraph for\\nservices provided during the two thousand nine--two thousand ten school\\nyear and thereafter, or for services provided in a prior school year\\nthat were not reimbursed by the state on or before April first, two\\nthousand eleven, shall, in the first instance, be designated as the\\nstate share of moneys due a municipality pursuant to title XIX of the\\nsocial security act, on account of school supportive health services\\nprovided to preschool students with disabilities pursuant to this\\nsection. Such state share shall be assigned on behalf of municipalities\\nto the department of health, as provided herein; the amount designated\\nas such nonfederal share shall be transferred by the commissioner to the\\ndepartment of health based on the monthly report of the commissioner of\\nhealth to the commissioner; and any remaining moneys to be apportioned\\nto a municipality pursuant to this section shall be paid in accordance\\nwith this section. The amount to be assigned to the department of\\nhealth, as determined by the commissioner of health, for any\\nmunicipality shall not exceed the federal share of any moneys due such\\nmunicipality pursuant to title XIX of the social security act. Moneys\\ndesignated as state share moneys shall be paid to such municipality by\\nthe department of health based on the submission and approval of claims\\nrelated to such school supportive health services, in the manner\\nprovided by law.\\n (iv) Notwithstanding any other provision of law to the contrary, no\\npayments shall be made by the commissioner pursuant to this section on\\nor after July first, nineteen hundred ninety-six based on a claim for\\nservices provided during school years nineteen hundred\\neighty-nine--ninety, nineteen hundred ninety--ninety-one, nineteen\\nhundred ninety-one-ninety-two, nineteen hundred\\nninety-two--ninety-three, nineteen hundred ninety-three--ninety-four,\\nand nineteen hundred ninety-four--ninety-five which is submitted later\\nthan two years after the end of the nineteen hundred\\nninety-five--ninety-six school year; provided, however, that no payment\\nshall be barred or reduced where such payment is required as a result of\\na court order or judgment or a final audit, and provided further that\\nthe commissioner may grant a waiver to a municipality excusing the late\\nfiling of such a claim upon a finding that the delay was caused by a\\nparty other than the municipality or a board to which the municipality\\ndelegated authority pursuant to paragraph f of subdivision five or\\nsubdivision eight of this section.\\n (v) Notwithstanding any other provision of law to the contrary, no\\npayments shall be made by the commissioner pursuant to this section on\\nor after July first, nineteen hundred ninety-six based on a claim for\\nservices provided in the nineteen hundred ninety-five--ninety-six school\\nyear or thereafter which is submitted later than three years after the\\nend of the school year in which services were rendered, provided,\\nhowever, that no payment shall be barred or reduced where such payment\\nis required as a result of a court order or judgment or a final audit,\\nand provided further that the commissioner may grant a waiver to a\\nmunicipality excusing the late filing of such a claim upon a finding\\nthat the delay was caused by a party other than the municipality or a\\nboard to which the municipality delegates authority pursuant to\\nparagraph f of subdivision five or subdivision eight of this section.\\n (vi) Notwithstanding any other provision of law to the contrary,\\nbeginning with state reimbursement otherwise payable in the two thousand\\nsix--two thousand seven state fiscal year and in each year thereafter,\\npayments pursuant to this section, subject to county agreement and in\\nthe amounts specified in such agreement, shall be paid no later than\\nJune thirtieth of the state fiscal year next following the state fiscal\\nyear in which such reimbursement was otherwise eligible for payment and\\nin which the liability to the county for such state reimbursement\\naccrued, provided that such payments in a subsequent state fiscal year\\nshall be recognized by the state and the applicable county as satisfying\\nthe state reimbursement obligation for the prior state fiscal year. Any\\nunspent amount associated with such county agreements shall not be\\navailable for payments to other counties or municipalities.\\n c. (i) Each municipality, or, in addition, in the case of a city of\\none million or more persons, the board, may perform a fiscal audit of\\nsuch services or programs for which it bears fiscal responsibility in\\naccordance with audit standards established by the commissioner, which\\nmay include site visitation. The department shall provide guidelines on\\nstandards and procedures to municipalities and boards, for fiscal audits\\nof services or programs pursuant to this section. Prior to commencing a\\nfiscal audit pursuant to this subparagraph, a municipality shall\\nascertain that neither the state nor any other municipality has\\nperformed a fiscal audit of the same services or programs within the\\ncurrent fiscal year for such program. If it is determined that no such\\naudit has been performed, the municipality shall inquire with the\\ndepartment to determine which other municipalities, if any, bear\\nfinancial responsibility for the services or programs to be audited and\\nshall afford such other municipalities an opportunity to recommend\\nissues to be examined through the audit. Municipalities completing\\naudits pursuant to this subparagraph shall provide copies to the\\ndepartment, the provider of the services and programs and all other\\nmunicipalities previously determined to bear financial responsibility\\nfor the audited services and programs. No other municipality may conduct\\nan additional fiscal audit of the same services or programs during such\\ncurrent fiscal year for such program.\\n (ii) Payments made pursuant to this section by a municipality shall,\\nupon conclusion of the July first to June thirtieth school year for\\nwhich such payment was made, be subject to audit against the actual\\ndifference between such audited expenditures and revenues. The\\nmunicipality shall submit the results of any such audit to the\\ncommissioner and the commissioner of social services, if appropriate,\\nfor review and, if warranted, adjustment of the tuition and/or\\nmaintenance rates. The municipality is authorized to recover\\noverpayments made to a provider of special services or programs pursuant\\nto this section as determined by the commissioner or the commissioner of\\nhealth based upon their adjustment of a tuition and/or maintenance rate,\\nprovided that for purposes of making such adjustment and recovery, the\\nmunicipality shall be deemed to have paid one hundred percent of the\\ndisallowed costs. Such recovery may be accomplished by withholding such\\namount from any moneys due the provider in the current year, or by\\ndirect reimbursement. The commissioner shall promulgate rules and\\nregulations necessary to implement the provisions of this paragraph\\nwithin sixty days of the effective date of the chapter of the laws of\\ntwo thousand thirteen which amended this subparagraph.\\n 12. Advisory committees. a. The commissioner shall establish an\\nadvisory committee consisting of representatives of municipalities to\\nadvise the commissioner on establishing the rate methodology authorized\\nby subdivision ten of this section.\\n b. The commissioner shall establish such other advisory committees as\\nhe deems necessary to implement the provisions of this section.\\n 13. a. The commissioner shall adopt regulations to implement the\\nprovisions of this section. Such regulations shall include:\\n (i) regional cost ceilings on average per pupil transportation cost\\nfor the reimbursement of transportation expenditures, where regions\\nshall be as defined by the commissioner;\\n (ii) the requirement that committees identify transportation options\\nfor preschool children, consistent with this article, including\\nencouraging parents to transport their children at public expense where\\ncost-effective; and\\n (iii) the requirement that each program approved pursuant to the\\nprovisions of this section shall make application to the commissioner\\nfor approval to provide special education itinerant services.\\n b. The commissioner shall ensure that eligibility criteria are\\nconsistently applied.\\n c. The commissioner shall, in consultation with clinicians trained in\\nearly childhood educational services, municipal representatives,\\nrepresentatives of parents of children requiring preschool and school\\nage special education services, representatives of statewide and\\nregional provider organizations, academic experts concerned with the\\nprovision of special education services, and such other early childhood\\neducation professionals as the commissioner shall deem appropriate,\\ndevelop clinical practice guidelines for the purpose of assisting\\nevaluators with respect to appropriate diagnosis and evaluation, and\\ncommittees with respect to the type, frequency and duration of services.\\nThe commissioner may at his or her own discretion use existing advisory\\ncommittees and may add additional members to develop these guidelines.\\nSuch guidelines shall be designed to assure that appropriate services\\nare provided in a manner which is necessary and cost efficient, and in\\nthe least restrictive environment, and shall promote the education of\\nchildren in integrated settings with children who do not have\\ndisabilities insofar as possible and appropriate, including through the\\nprovision of related services or special education itinerant services.\\n * d. The commissioner shall establish procedures for administrative\\nappeals to resolve interagency disputes between boards and\\nmunicipalities over responsibility for provision of, or payment for,\\nspecial education programs or services to preschool children with\\ndisabilities. During the pendency of any such appeal, the board or,\\nwhere applicable, a state department or agency responsible for\\ndeveloping the preschool child's individualized education program, shall\\nprovide and pay for the special education programs and services on the\\npreschool child's individualized education program and may seek\\nreimbursement in the appeal. The commissioner shall be authorized to\\nmake all orders that in the commissioner's judgment are proper or\\nnecessary to give effect to the decision in the appeal. Upon a\\ndetermination that a public agency has failed to provide or pay for such\\nspecial education programs and services, the commissioner shall certify\\nthe amount of such costs to the state comptroller and the state\\ncomptroller to deduct such amount from any state funds that become due\\nto such public agency.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4410-A", "title" : "Responsibility for certain temporary-resident preschool children with handicapping conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-09-15" ], "docLevelId" : "4410-A", "activeDate" : "2014-09-22", "sequenceNo" : 1331, "repealedDate" : null, "fromSection" : "4410-A", "toSection" : "4410-A", "text" : " § 4410-a. Responsibility for certain temporary-resident preschool\\nchildren with handicapping conditions. 1. Definitions. For the purpose\\nof this section, the following definitions shall apply:\\n a. \"Foster care child\" shall mean a child placed in foster care by a\\nsocial services district.\\n b. \"Homeless child\" shall mean a homeless child as defined in\\nparagraph a of subdivision one of section thirty-two hundred nine of\\nthis chapter.\\n c. \"Municipality\" shall mean a county outside the city of New York or\\nthe city, in the case of a county in the city of New York.\\n d. \"Municipality of current location\" shall mean a municipality in\\nwhich a child lives which is different from the municipality in which a\\nchild or such child's family lived at the time a social services\\ndistrict assumed responsibility for the placement of such child or\\nfamily, or at the time such child was admitted for care and/or treatment\\nin a facility licensed or operated by another state agency.\\n e. \"Municipality of residence\" shall mean the municipality in which a\\nchild or such child's family lived at the time the local social services\\ndistrict assumed responsibility for the placement of such child or\\nfamily, or at the time such child was admitted for care and/or treatment\\nin a facility licensed or operated by another state agency.\\n f. \"Preschool child with a disability\" shall mean a child eligible for\\nservices pursuant to section forty-four hundred ten of this chapter. A\\n\"preschool child with a handicapping condition\" means a preschool child\\nwith a disability.\\n g. \"School district of current location\" shall mean a school district\\nin which a child lives which is different from the school district in\\nwhich a child or such child's family lived at the time a social services\\ndistrict assumed responsibility for the placement of such child or\\nfamily, or at the time such child was admitted for care and/or treatment\\nin a facility licensed or operated by another state agency.\\n h. \"Child in residential care\" shall mean a child residing in a\\nfacility licensed or operated by another state agency as defined by\\nsection 1.03 of the mental hygiene law or by section two of the public\\nhealth law.\\n 2. School district evaluation and placement responsibility. The\\nschool district of current location of a foster care or homeless child\\nor child in residential care shall be responsible for the evaluation and\\nplacement procedures prescribed for a preschool child suspected of\\nhaving a handicapping condition pursuant to section forty-four hundred\\nten of this chapter. In issuing its written notice of determination of\\nservices, the board of education of such school district shall identify\\nthe municipality of residence of a preschool child with a handicapping\\ncondition who is a foster care or homeless child or child in residential\\ncare. Such notice of determination shall be transmitted to both the\\nmunicipality of residence and the municipality of current location.\\n 3. Contract and payment responsibility. The municipality of current\\nlocation shall be the municipality of record for a preschool child with\\na handicapping condition who is a foster care or homeless child or child\\nin residential care for the purposes of section forty-four hundred ten\\nof this chapter provided, however, that, notwithstanding the provision\\nof paragraph b of subdivision eleven of such section, the state shall\\nreimburse one hundred percent of the approved costs paid by such\\nmunicipality which shall be offset by the local contribution due\\npursuant to subdivision four of this section.\\n 4. Local contribution. The municipality of residence shall be\\nfinancially responsible for the local contribution which shall equal\\nthat portion of the approved costs of services to a foster care or\\nhomeless child or child in residential care with a handicapping\\ncondition which would not be reimbursed pursuant to the schedule set out\\nin paragraph b of subdivision eleven of section forty-four hundred ten\\nof this chapter. The commissioner shall certify to the comptroller the\\namount of the local contribution owed by each municipality to the state.\\nThe comptroller shall deduct the amount of such local contribution first\\nfrom any moneys due the municipality pursuant to such section and then\\nfrom any other moneys due or to become due such municipality.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4410-B", "title" : "Use of certain federal funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4410-B", "activeDate" : "2014-09-22", "sequenceNo" : 1332, "repealedDate" : null, "fromSection" : "4410-B", "toSection" : "4410-B", "text" : " § 4410-b. Use of certain federal funds. 1. Definitions. For purposes\\nof this section:\\n a. \"Approved preschool special education program\" shall mean a public\\nor private agency which has been approved by the commissioner as a\\nprovider of special education programs or services to preschool students\\nwith disabilities pursuant to subdivision nine of section forty-four\\nhundred ten of this article or pursuant to article eighty-five of this\\nchapter.\\n b. \"Base year\" shall mean the school year next preceding the school\\nyear in which funds are sub-allocated pursuant to this section.\\n c. \"IEP team\" means a committee on special education, a subcommittee\\non special education, a committee on preschool special education or a\\nsubcommittee on preschool special education.\\n d. \"Public or private agency\" shall mean an approved preschool special\\neducation program, or a state-supported school operating pursuant to\\narticle eighty-five of this chapter, or an approved private\\nnon-residential or residential school that provides special services or\\nprograms pursuant to subdivision two of section forty-four hundred one\\nof this article. Such term shall not include an individual providing\\nrelated services only to preschool students with disabilities pursuant\\nto section forty-four hundred ten of this article. Such term shall\\ninclude a board of cooperative educational services only to the extent\\nit is an approved preschool special education program, and only for\\nthose students provided special education programs or services pursuant\\nto section forty-four hundred ten of this article.\\n 2. Preschool grants for children with disabilities. Each school\\ndistrict receiving an allocation of funds pursuant to section six\\nhundred nineteen of the individuals with disabilities education act for\\nthe nineteen hundred ninety-nine--two thousand school year or any\\nsubsequent school year shall sub-allocate such funds in accordance with\\nthis subdivision to other public and private agencies providing special\\neducation services to students ages three to five who were placed in\\nsuch agency by the school district's IEP team. For school years prior to\\ntwo thousand six--two thousand seven, such sub-allocations shall be made\\non a per capita basis, based upon the number of students three to five\\nyears of age who were placed in such agency by the school district's IEP\\nteam and are served by the public or private agency as of December first\\nof the base year, as reported to the commissioner; and, for school years\\ntwo thousand six--two thousand seven and thereafter, such\\nsub-allocations shall be made on a per capita basis, based upon the\\nnumber of students three to five years of age who were placed in such\\nagency by the school district's IEP team and who are receiving special\\neducation programming and instruction from the public or private agency\\nas of December first of the base year, as reported to the commissioner,\\nand according to a formulae based upon the number of students three to\\nfive years of age who are receiving related services only from the\\npublic or private agency as of December first of the base year, as\\nreported to the commissioner, such that such sub-allocation shall be in\\nan amount determined in accordance with the provisions of this\\nsubdivision; provided, however, that for the nineteen hundred\\nninety-nine--two thousand school year, the sub-allocation payable to\\neach public or private agency shall not be less than five hundred\\nforty-eight dollars per pupil. For the school year two thousand six--two\\nthousand seven, the per capita sub-allocation shall be adjusted whereby\\neach student three to five years of age who was placed in an agency by\\nthe school district's IEP team and who is receiving special education\\nprogramming and instruction therefrom shall be counted as one per capita\\nand each such student who is receiving related services only from such\\npublic or private agency shall be counted as two-thirds of a per capita,\\nfor purposes of determining such per capita sub-allocation for such\\nschool year and that for the school year two thousand seven--two\\nthousand eight and thereafter, shall be counted as one-third for the\\npurposes of determining the per capita sub-allocation for such school\\nyear; provided, however, that any municipality which, prior to July\\nfirst, two thousand three, operated an approved special education\\nitinerant teacher program for students three to five years of age who\\nwere placed in such program by a school district's IEP team, shall be\\ndeemed to be a public or private agency for purposes of this section and\\nthe sub-allocation directed by this subdivision shall be made on a per\\ncapita basis, based upon the number of students, three to five years of\\nage who are receiving special education programming and instruction and\\nrelated services only therefrom. In the event the total amount allocated\\nto any school district pursuant to such section six hundred nineteen for\\nthe nineteen hundred ninety-nine--two thousand school year is\\ninsufficient to pay such sub-allocations at the required per pupil\\nlevel, the school district may apply to the department for a\\nsupplemental allocation of funds in the amount of such deficiency from\\nthe state allocation received pursuant to such section six hundred\\nnineteen. Payments of such sub-allocation shall be made in the same\\nproportion as such funds are paid to the school district by the state,\\nwithin thirty days after: (i) the school district receives any portion\\nof its allocation of funds for the current year pursuant to section six\\nhundred nineteen of the individuals with disabilities education act; or\\n(ii) the school district receives an application for a sub-allocation by\\na public or private agency, or, for the nineteen hundred\\nninety-nine--two thousand school year only, the school district receives\\nnotice from the commissioner that such an application for a\\nsub-allocation has been filed with the commissioner, whichever occurs\\nlater.\\n 3. Federal flow-through funds. Each school district receiving an\\nallocation of funds pursuant to section six hundred eleven of the\\nindividuals with disabilities education act for the nineteen hundred\\nninety-nine--two thousand school year or any subsequent school year\\nshall sub-allocate such funds in accordance with this subdivision to\\nother public and private agencies providing special education services\\nto students ages three to twenty-one who were placed in such agency by\\nthe school district's IEP team. For school years prior to two thousand\\nsix--two thousand seven, such sub-allocations shall be made on a per\\ncapita basis, based upon the number of students three to twenty-one\\nyears of age who were placed in such agency by the school district's IEP\\nteam and were served by the public or private agency as of December\\nfirst of the base year, as reported to the commissioner; and, for the\\nschool year two thousand six--two thousand seven and thereafter, such\\nsub-allocations shall be made on a per capita basis, based upon the\\nnumber of students three to twenty-one years of age who were placed in\\nsuch agency by the school district's IEP team and who were receiving\\nspecial education programming and instruction from the public or private\\nagency as of December first of the base year, as reported to the\\ncommissioner, and according to a formulae based upon the number of\\nstudents three to twenty-one years of age who were receiving related\\nservices only from the public or private agency as of December first of\\nthe base year, as reported to the commissioner, such that such\\nsub-allocation shall be in an amount determined in accordance with the\\nprovisions of this subdivision. For the school year two thousand\\nsix--two thousand seven, the per capita sub-allocation shall be adjusted\\nwhereby each student three to twenty-one years of age who was placed in\\nan agency by the school district's IEP team and who is receiving special\\neducation programming and instruction therefrom shall be counted as one\\nper capita and each such student who is receiving related services only\\nfrom such public or private agency shall be counted as two-thirds of a\\nper capita, for purposes of determining such per capita sub-allocation\\nfor such school year and that for the school year two thousand\\nseven--two thousand eight and thereafter, shall be counted as one-third\\nfor the purposes of determining the per capita sub-allocation for such\\nschool year; provided, however, that any municipality which, prior to\\nJuly first, two thousand three, operated an approved special education\\nitinerant teacher program for students three to five years of age who\\nwere placed in such program by a school district's IEP team, shall be\\ndeemed to be a public or private agency for purposes of this section and\\nthe sub-allocation directed by this subdivision shall be made on a per\\ncapita basis, based upon the number of students, three to twenty-one\\nyears of age who are receiving special education programming and\\ninstruction and related services only therefrom. Payments of such\\nsub-allocation shall be made in the same proportion as such funds are\\npaid to the school district by the state within thirty days after: (i)\\nthe school district receives any portion of its allocation of funds for\\nthe current year pursuant to section six hundred eleven of the\\nindividuals with disabilities education act; or (ii) the school district\\nreceives an application for a sub-allocation by a public or private\\nagency, or, for the nineteen hundred ninety-nine--two thousand school\\nyear only, the school district receives notice from the commissioner\\nthat such an application for a sub-allocation has been filed with the\\ncommissioner; whichever occurs later.\\n 4. Charter schools. Notwithstanding the provisions of subdivisions two\\nand three of this section, any sub-allocation of funds received pursuant\\nto sections six hundred eleven and six hundred nineteen of the\\nindividuals with disabilities education act shall be made in accordance\\nwith section twenty-eight hundred fifty-six of this chapter and the\\nregulations of the commissioner implementing such section.\\n 5. Carryover funds. In addition to the sub-allocations required\\npursuant to subdivisions two and three of this section, each school\\ndistrict receiving carryover funds from the nineteen hundred\\nninety-eight--ninety-nine allocation pursuant to sections six hundred\\neleven and six hundred nineteen of the individuals with disabilities\\neducation act shall sub-allocate such carryover funds pursuant to this\\nsubdivision to public and private agencies that have their chief\\nadministrative offices located within the school district and have\\ncarryover funds remaining from such allocation. Such sub-allocations\\nshall be made in the amounts determined by the commissioner in\\naccordance with procedures established by the commissioner. In the event\\nsuch a public or private agency has its chief administrative offices\\nlocated outside of the state, such agency may designate any school\\ndistrict having resident students attending its programs as the district\\nresponsible for sub-allocation of its nineteen hundred\\nninety-eight--ninety-nine carryover funds pursuant to this subdivision.\\n 6. Unobligated funds. Notwithstanding any other provision of law to\\nthe contrary, funds sub-allocated to public and private agencies\\npursuant to subdivisions two and three of this section for any school\\nyear that are neither obligated by the last day of the project year nor\\nexpended consistent with procedures established by the commissioner\\nshall be carried over to the following school year and shall be made\\navailable to such agencies in accordance with procedures established by\\nthe commissioner, commencing in July and August of such following school\\nyear.\\n 7. Funds; failure to apply. Any school district that fails to apply\\nfor its full allocation of funds pursuant to both sections six hundred\\neleven and six hundred nineteen of the individuals with disabilities\\neducation act by a date to be prescribed by the commissioner shall\\nnevertheless be required to make sub-allocations to public or private\\nagencies pursuant to this section using local funds, based on the full\\namount that the school district was eligible to receive, as if the\\ndistrict had received an allocation of federal funds on such date.\\n 8. Reporting requirements. a. Each public or private agency that\\nreceives a sub-allocation of funds pursuant to this section shall submit\\nan annual cost report in a form approved by the commissioner.\\n b. The commissioner shall, in consultation with representatives of\\nstatewide and regional provider organizations including municipalities\\nand school district personnel and other interested parties:\\n (1) develop forms to be submitted by school districts that report the\\nnumber of students three to twenty-one years of age who are placed in a\\npublic or private agency providing special education services and who\\nare receiving special education programming and instruction from such\\nagency, and the number of such students who are receiving related\\nservices only from such agency; and\\n (2) develop guidelines to assure that funds allocated and\\nsub-allocated pursuant to this section are used for purposes consistent\\nwith federal laws and regulations governing such funds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4410-C", "title" : "Audits of special education services program providers for preschool children with disabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4410-C", "activeDate" : "2014-09-22", "sequenceNo" : 1333, "repealedDate" : null, "fromSection" : "4410-C", "toSection" : "4410-C", "text" : " § 4410-c. Audits of special education services program providers for\\npreschool children with disabilities. 1. Notwithstanding any other\\nprovision of law to the contrary and within such funds as are made\\navailable for such purpose, the comptroller shall audit the expenses\\nreported to the department by every program provider of special\\neducation services for preschool children with disabilities in the\\nstate. Pursuant to a plan developed by the comptroller, such audits\\nshall be conducted in a manner so as to cause every such provider to be\\naudited by the comptroller at least once by March thirty-first, two\\nthousand eighteen.\\n 2. a. The priority and frequency of such audits, and any audits\\nconducted thereafter, shall be based upon a risk assessment process\\nconducted by the comptroller which may include investigations of alleged\\nimproprieties, previous audit findings and recommendations, or other\\nfinancial performance indicators.\\n b. In undertaking such audits the comptroller's review shall include,\\nbut not be limited to, examining, auditing and evaluating relevant\\nfinancial documents and records of providers for the particular years\\nincluded within the scope of the audit.\\n c. All audits shall include any appropriate findings and\\nrecommendations of the comptroller regarding the propriety of the\\namounts reported as expenses to the department as well as any other\\nfindings deemed appropriate with respect to the public funding of the\\nspecial education services.\\n d. The comptroller shall refer any findings of fraud, abuse or other\\nconduct constituting a crime that are uncovered during the course of an\\naudit, as warranted to an appropriate agency or agencies possessing\\njurisdiction.\\n e. The final audit report resulting from audits performed pursuant to\\nthis section shall be posted to the department's internet website and\\notherwise made available to the public upon request for a period of at\\nleast five years. Furthermore, the audited provider shall be required to\\npost the final audit report on its internet website, if any, for a\\nperiod of five years.\\n f. The comptroller shall inform and advise the governor and the\\nlegislature in December of each year regarding its audits of expenses\\nreported to the department by program providers of special education\\nservices for preschool children with disabilities conducted during the\\npreceding twelve months and regarding any other pertinent information\\nthe comptroller deems appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A90", "title" : "Gifted Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "90", "activeDate" : "2014-09-22", "sequenceNo" : 1334, "repealedDate" : null, "fromSection" : "4451", "toSection" : "4453", "text" : " ARTICLE 90\\n GIFTED EDUCATION\\nSection 4451. Powers of the department with respect to gifted pupils.\\n 4452. Guidelines and definition.\\n 4453. Advisory council on the education of gifted pupils.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4451", "title" : "Powers of the department with respect to gifted pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4451", "activeDate" : "2014-09-22", "sequenceNo" : 1335, "repealedDate" : null, "fromSection" : "4451", "toSection" : "4451", "text" : " § 4451. Powers of the department with respect to gifted pupils.\\nSubject to the availability of funds, the state education department is\\nhereby authorized and empowered to assist districts in meeting the\\neducational needs of gifted pupils through the following:\\n 1. provide information to school districts concerning development of\\nprograms, curriculum resources, instructional procedures and strategies\\nto identify and encourage gifted pupils;\\n 2. provide technical assistance and inservice education for teachers\\nand administrators;\\n 3. maintain a record of programs available, and make this record\\navailable for public inspection;\\n 4. develop, maintain, and distribute a handbook for parents of gifted\\npupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4452", "title" : "Guidelines and definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4452", "activeDate" : "2014-09-22", "sequenceNo" : 1336, "repealedDate" : null, "fromSection" : "4452", "toSection" : "4452", "text" : " § 4452. Guidelines and definition. 1. In order to provide for\\neducational programs to meet special needs of gifted pupils, the\\ncommissioner is hereby authorized to make recommendations to school\\ndistricts in accordance with the provisions of this subdivision and\\nsection thirty-six hundred two of this chapter.\\n a. As used in this article, the term \"gifted pupils\" shall mean those\\npupils who show evidence of high performance capability and exceptional\\npotential in areas such as general intellectual ability, special\\nacademic aptitude and outstanding ability in visual and performing arts.\\nSuch definition shall include those pupils who require educational\\nprograms or services beyond those normally provided by the regular\\nschool program in order to realize their full potential.\\n b. Prior to payment of state funds for education of gifted pupils, a\\nschool district shall submit to the commissioner a summary plan for the\\nidentification and education of gifted pupils. The plan shall be in\\nform and content as prescribed by the commissioner.\\n c. Upon acceptance by a local school district of the apportionments\\nmade under section thirty-six hundred two of this chapter such district\\nshall use such funding in accordance with guidelines to be established\\nby the commissioner for services to gifted pupils. Such services shall\\ninclude but not be limited to identification, instructional programs,\\nplanning, inservice education and program evaluation. A board of\\neducation may contract with another district or board of cooperative\\neducational services to provide the program and/or services with the\\napproval of the commissioner under guidelines established by the\\ncommissioner.\\n d. The identification of pupils for participation in gifted programs\\nfunded under this chapter shall commence through the referral of a\\nparent, teacher, or administrator.\\n e. Upon referral of a pupil for participation in a gifted program\\nfunded under this chapter, the school district shall so inform the\\nparent or guardian of such pupil's referral and shall seek their\\napproval to administer diagnostic tests or other evaluation mechanisms\\nrelated to the program objectives of the district in order to determine\\neligibility for participation in such gifted program. Failing to receive\\napproval, the child shall not be tested, evaluated or participate in the\\nprogram. In no case shall the parent, guardian or pupil be charged a\\nfee for the administration of such diagnostic tests or other evaluation\\nmechanisms.\\n f. The parent or guardian of a pupil designated as gifted shall be\\ninformed by the local school authorities of the pupil's placement in\\nsuch gifted program funded under this chapter.\\n 2. The commissioner shall establish procedures for evaluation of the\\nquality and educational effectiveness of programs for gifted pupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4453", "title" : "Advisory council on the education of gifted pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4453", "activeDate" : "2014-09-22", "sequenceNo" : 1337, "repealedDate" : null, "fromSection" : "4453", "toSection" : "4453", "text" : " § 4453. Advisory council on the education of gifted pupils. 1.\\nSubject to the availability of funds, the commissioner may establish\\nwithin the department an advisory council on the education of gifted\\npupils. Such council shall assist and advise the commissioner and his\\ndesignees with respect to policies and procedures relating to the\\neducation of gifted pupils and programs associated therewith.\\n 2. Such advisory council appointed by the commissioner shall consist\\nof at least ten members, who are directly concerned with gifted pupils\\nor who have specialized in the education of such pupils, provided,\\nhowever, that such advisory council shall include at least one parent of\\nsuch a pupil. The members shall be residents of this state and shall be\\nselected on the basis of their competence, concern, and professional\\nactivity in the education of gifted pupils.\\n 3. The advisory council shall meet at least twice each year at a\\nlocation to be determined by the commissioner. The advisory council\\nshall report at least annually to the commissioner.\\n 4. Five years or sooner after the effective date of this section, the\\ncommissioner shall review the necessity of such advisory council, and\\nshall make a determination whether to continue or disband such council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A91", "title" : "School Camps", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "91", "activeDate" : "2014-09-22", "sequenceNo" : 1338, "repealedDate" : null, "fromSection" : "4501", "toSection" : "4502", "text" : " ARTICLE 91\\n SCHOOL CAMPS\\nSection 4501. Establishment of camps by school districts and\\n appropriations authorized.\\n 4502. Establishment of camps by city school districts and\\n appropriations authorized.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4501", "title" : "Establishment of camps by school districts and appropriations authorized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4501", "activeDate" : "2014-09-22", "sequenceNo" : 1339, "repealedDate" : null, "fromSection" : "4501", "toSection" : "4501", "text" : " § 4501. Establishment of camps by school districts and appropriations\\nauthorized. 1. A school district, acting through its board of\\neducation, is hereby authorized to establish camps on lands acquired by\\nsuch school district by purchase, gift, grant, devise, rent or lease or\\non lands the use of which has otherwise been acquired by such school\\ndistrict for camp purposes. Also, two or more school districts may\\njointly acquire lands for camp purposes in the same manner and establish\\nand operate such school camps thereon as joint projects within the limit\\nof funds provided therefor by the respective school districts and in\\naccordance with regulations approved by the commissioner of education.\\nSuch camps shall be used to furnish education, physical training,\\nrecreation and maintenance for all children of school age, whether in\\nattendance at a public or non-public school, and shall be under the\\njurisdiction of the board of education of such school district. Such\\nboard may, however, fix a reasonable fee to cover cost of food and\\ninstructional materials. Such board shall provide opportunity for\\nchildren to receive instruction in such subjects as such board may deem\\nproper. Such board shall prescribe the activities to be carried on and\\nshall set up rules and regulations for admission to such camps and the\\nconduct and discipline thereof. No child, whether in attendance at a\\npublic or non-public school, shall be denied admission to such a camp or\\nphysical training, recreation and maintenance at such a camp, because of\\ninability to pay any required costs or fees; but no child shall be\\nentitled to free education, physical training, recreation and\\nmaintenance in any such camp for a period in excess of two weeks during\\nany one year, unless the board of education prescribe and direct that\\nphysically handicapped or other children be maintained for a longer\\nperiod. The board of education of such school district shall make a\\nreport at the annual meeting of such school district, of matters\\nrelating to carrying out the provisions of this section.\\n 2. Any such school district is hereby authorized to appropriate in the\\nmanner prescribed by law relating to such school district such sums as\\nmay be necessary for the purpose of carrying out the provisions of this\\nsection. Money shall be paid out of the treasury of such school district\\nin the manner provided by law.\\n 3. The provisions of this section shall not apply to the board of\\neducation of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4502", "title" : "Establishment of camps by city school districts and appropriations authorized", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4502", "activeDate" : "2014-09-22", "sequenceNo" : 1340, "repealedDate" : null, "fromSection" : "4502", "toSection" : "4502", "text" : " § 4502. Establishment of camps by city school districts and\\nappropriations authorized. 1. A city school district, acting through\\nits board of education, is hereby authorized to establish camps on land\\nprovided therefor in parks adjacent to such city school district under\\nthe jurisdiction and control of the state office of parks and recreation\\nor department of environmental conservation, or elsewhere. Such camps\\nshall be used to furnish instruction, recreation and maintenance to\\nchildren of school age. The board of education shall provide opportunity\\nfor children to receive instruction in such subjects as it may deem\\nproper. Such board shall prescribe the activities to be carried on and\\nshall set up rules and regulations for admission to such camps and the\\nconduct and discipline thereof. Such camps shall be operated between\\nJuly first and August thirty-first of each year and at such other times\\nas such board of education may prescribe. No child shall be entitled to\\nfree instruction and maintenance in any such camp for a period in excess\\nof two weeks during any one year, unless the board of education\\nprescribe and direct that physically handicapped or other children be\\nmaintained for a longer period.\\n 2. The board of education of a city school district may establish a\\ncamp for children to be located in state parks on Long Island, which\\nhave been or shall be selected by the state office of parks and\\nrecreation on account of accessibility and availability, as a model camp\\nfor the establishment of future camps.\\n 3. The board of education of a city school district is hereby\\nauthorized to appropriate such sums as may be necessary for the purpose\\nof carrying out the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A93", "title" : "Career, Practical Arts, Continuing Adult Education and Vocational and Educational Guidance", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "93", "activeDate" : "2014-09-22", "sequenceNo" : 1341, "repealedDate" : null, "fromSection" : "4601", "toSection" : "4607", "text" : " ARTICLE 93\\n CAREER, PRACTICAL ARTS, CONTINUING ADULT EDUCATION\\n AND VOCATIONAL AND EDUCATIONAL GUIDANCE\\nSection 4601. Advisory councils.\\n 4602. Career education.\\n 4603. Practical arts.\\n 4604. Continuing education adult schools.\\n 4605. Vocational and educational guidance.\\n 4606. School-to-employment program.\\n 4607. Bridge to employment, work tryout and education program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4601", "title" : "Advisory councils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4601", "activeDate" : "2014-09-22", "sequenceNo" : 1342, "repealedDate" : null, "fromSection" : "4601", "toSection" : "4601", "text" : " § 4601. Advisory councils. 1. The board of education of each school\\ndistrict and of each board of cooperative educational services\\nmaintaining an approved career education program shall appoint an\\nadvisory council for career education consisting of at least ten\\nmembers. The membership shall include, but not be limited to, persons:\\n a. Familiar with the vocational needs and problems of management and\\nlabor in the region.\\n b. Familiar with programs of career education at the postsecondary and\\nadult levels.\\n c. Familiar with the manpower needs and requirements of the region to\\nbe served.\\n d. Familiar with the special educational needs of the physically and\\nmentally handicapped.\\n e. Representative of community interests, including persons familiar\\nwith the special needs of the population to be served.\\n f. A student who is participating in a career education program at the\\nschool district or board of cooperative educational services district\\nbeing served by the advisory council.\\n 2. It shall be the duty of such advisory council for career education\\nto advise the board of education or board of cooperative education on\\nthe development of and policy matters arising in the administration of\\ncareer education, including the preparation of long-range and annual\\nprogram plans submitted to the commissioner of education, and assist\\nwith an annual evaluation of career education programs, services and\\nactivities provided by the school district or board of cooperative\\neducation.\\n 3. Advisory councils may appoint consultant committees representative\\nof specific occupational fields to assist in the work of the council and\\nthe board of education or board of cooperative education with respect to\\nthe planning, development and requirements for establishment of new\\nprograms or evaluation and revision of existing programs.\\n 4. The board of education of any school district or the board of\\ncooperative educational services may employ such professional, technical\\nand clerical personnel as may be necessary to enable the advisory\\ncouncil to carry out its functions specified in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4602", "title" : "Career education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4602", "activeDate" : "2014-09-22", "sequenceNo" : 1343, "repealedDate" : null, "fromSection" : "4602", "toSection" : "4602", "text" : " § 4602. Career education. 1. The board of education of each school\\ndistrict shall provide secondary school pupils and adults access to\\nprograms of career education, commensurate with the interests and\\ncapabilities of those desiring and having a need for preparatory\\ntraining, retraining or upgrading for employment, and develop realistic\\nprograms in accord with manpower needs in existing and emerging\\noccupations for present and projected employment opportunities.\\n 2. Career education programs and classes shall be organized and\\nconducted by boards of education or arranged through shared services as\\nprovided by boards of cooperative educational services, in accordance\\nwith the rules of the board of regents and the regulations of the\\ncommissioner of education. Boards of education that are designated by\\nthe commissioner as major career education providers shall submit to the\\ncommissioner every two years, no later than the date specified by the\\ncommissioner, a career education program plan, in a form specified by\\nthe commissioner, which shall be revised annually.\\n 3. Programs may include pre-vocational activities, career classes,\\napprentice related instruction, cooperative education, work experience,\\ncontinuing adult career education, and other effective means of\\npreparation and of upgrading employment capabilities. Classes for\\nout-of-school youth sixteen years of age and over and for adults may be\\nconducted during the day and/or evening.\\n 4. The board of education of each school district maintaining programs\\nin career education, practical arts, vocational and educational\\nguidance, or continuing career education for adults has full power and\\nauthority:\\n a. To employ properly certified directors, supervisors, principals,\\nteachers and counselors and assign them to serve in the schools and\\nclasses authorized by this article.\\n b. To establish approved courses of study.\\n c. To purchase or acquire sites and grounds; to purchase, acquire,\\nlease or construct and to repair suitable shops and buildings or to\\narrange for shared services.\\n d. To purchase necessary machinery, tools, apparatus, books and\\nsupplies.\\n e. To enter into agreements with one or more financing agencies to\\nprovide for the acceptance by such board of credit cards as a means of\\npayment of course fees or tuition when required for instructional\\nprograms. Any such agreement shall govern the terms and conditions upon\\nwhich a credit card proffered as a means of payment of such fees or\\ntuition shall be accepted or declined and the manner in and conditions\\nupon which the financing agency shall pay to such board of education the\\namount of such fees or tuition paid by means of a credit card pursuant\\nto such agreement. Any such agreement may provide for the payment by\\nsuch board of education to such financing agency of fees for the\\nservices provided by such financing agency. For purposes of this\\nparagraph, the following terms shall have the following meanings:\\n (i) \"Credit card\" means any credit card, credit plate, charge plate,\\ncourtesy card, debit card or other identification card or device issued\\nby a person to another person which may be used to obtain a cash advance\\nor a loan or credit, or to purchase or lease property or services on the\\ncredit of the person issuing the credit card or a person who has agreed\\nwith the issuer to pay obligations arising from the use of a credit card\\nissued to another person.\\n (ii) \"Financing agency\" means any agency defined as such in\\nsubdivision eighteen of section four hundred one of the personal\\nproperty law;\\n (iii) \"Person\" means an individual, partnership, corporation or any\\nother legal or commercial entity.\\n 5. School days spent in legal employment by pupils enrolled in\\napproved career cooperative education programs who are in part-time\\nschool attendance shall be included in the average daily attendance and\\naverage daily membership for apportionment of state aid under provisions\\nof section thirty-six hundred two of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4603", "title" : "Practical arts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4603", "activeDate" : "2014-09-22", "sequenceNo" : 1344, "repealedDate" : null, "fromSection" : "4603", "toSection" : "4603", "text" : " § 4603. Practical arts. 1. The board of education of each school\\ndistrict may establish and maintain non-vocational practical arts tryout\\nor exploratory courses in industrial arts, home economics, business and\\nagriculture.\\n 2. Such practical arts courses and exploratory courses shall be\\nclassified as general education. The schools which offer such courses\\nshall not designate them as trade, technical or occupational courses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4604", "title" : "Continuing education adult schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4604", "activeDate" : "2014-09-22", "sequenceNo" : 1345, "repealedDate" : null, "fromSection" : "4604", "toSection" : "4604", "text" : " § 4604. Continuing education adult schools. 1. The board of education\\nof each school district may establish and maintain day and evening\\nschools for adults, the controlling purpose of which shall be to provide\\na general program of continuing education in all its aspects for the\\nimprovement of the civic, vocational and general intelligence of adults\\nand to enable them to make a wise use of their leisure time. Such\\ncontinuing education adult schools may be of the following kinds:\\n a. Citizenship schools providing instruction in English, civics, the\\ncommon branches and other subjects which may increase the civic and\\ngeneral intelligence of foreign born, illiterate and non-English\\nspeaking persons.\\n b. General continuing education adult schools providing instruction in\\napproved high school subjects, general cultural subjects, approved\\noccupational subjects, music, dramatic arts, fine, applied and practical\\narts subjects.\\n c. Recreation and leisure time schools providing instruction in\\nphysical education, health education, sports, games, arts and crafts and\\nleisure time activities generally.\\n 2. The common council, council or board of estimate and apportionment\\nof a city, the board of supervisors or other governing elective body of\\na county, the board of trustees of an incorporated village and the town\\nboard of a town may make appropriations to aid and promote the extension\\nof education among illiterate and non-English speaking persons within\\nthe jurisdiction of such respective bodies.\\n 3. The commissioner is authorized and directed to promulgate rules and\\nregulations to provide for the notification of participants in adult\\ncontinuing education schools of the emergency procedures to be followed\\nin the event of fire.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4605", "title" : "Vocational and educational guidance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4605", "activeDate" : "2014-09-22", "sequenceNo" : 1346, "repealedDate" : null, "fromSection" : "4605", "toSection" : "4605", "text" : " § 4605. Vocational and educational guidance. 1. The board of\\neducation of each school district or board of cooperative educational\\nservices may employ qualified persons for the purpose of providing\\nvocational and educational guidance for minors. Such vocational and\\neducational guidance service and the qualifications of the counselors\\nemployed for such work shall be approved by the commissioner.\\n 2. The board of education of each school district or board of\\ncooperative educational services may establish, conduct and maintain as\\na part of the public school system a guidance bureau which shall perform\\nsuch of the following duties as may be determined by such board:\\n a. Providing information and counsel for pupils regarding educational\\nand occupational opportunities.\\n b. Providing employment and follow-up services for minors in\\ncooperation with existing public agencies.\\n c. Conducting research studies of pupils and the local educational and\\noccupational opportunities in cooperation with existing public agencies.\\n d. Assisting in the organization of courses of study dealing with\\neducational and occupational opportunities for use in the schools and in\\nteaching and supervising such courses.\\n e. Organizing and conducting a counseling service in the schools to\\nassist pupils in the formation of their educational and vocational\\nplans.\\n f. Cooperating with other staff members to advance the educational and\\noccupational progress of pupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4606", "title" : "School-to-employment program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4606", "activeDate" : "2014-09-22", "sequenceNo" : 1347, "repealedDate" : null, "fromSection" : "4606", "toSection" : "4606", "text" : " § 4606. School-to-employment program. 1. The commissioner is hereby\\nauthorized to make apportionments to school districts in accordance with\\nthe provisions of this section, to encourage and assist such districts\\nto provide a school-to-employment program to consist of a part-time\\nschool and a part-time employment program.\\n 2. Any school district planning to establish such a program shall\\nsubmit to the commissioner on or before the first day of May of the\\nschool year preceding the school year during which the program is to be\\nconducted, an application, together with such information as the\\ncommissioner shall require, including at least a complete statement of\\npurposes of the program, the detailed procedures of operation, a\\ndetailed estimate of the cost of such program and a complete description\\nof the manner in which the program will operate.\\n In the event that any funds of a school district are to be utilized to\\nprovide a stipend for students in the part-time employment program, the\\nplan shall indicate the types of employment situations which will be\\nfurnished such students. The plan shall indicate that no public funds\\nwill be used to pay a student in an employment situation furnished by a\\nnon-governmental employer.\\n 3. The commissioner shall evaluate such applications and shall\\npromulgate a list in accordance with the merit and value of the various\\nprograms and where several programs are evaluated, as having equal merit\\nand value, the date of receipt of the application.\\n 4. The commissioner shall determine the amount of apportionment which\\nshall be made to those programs which he deems to have merit within the\\namount of the appropriation therefor.\\n 5. Notwithstanding any other provision or law to the contrary,\\nvocational schools and classes may be organized and conducted in\\naccordance with regulations adopted by the commissioner to provide a\\nprogram for students fifteen years of age and over who might benefit\\nfrom appropriate instruction consisting of a part-time school and a\\npart-time employment program.\\n 6. Any school district conducting a school-to-employment program is\\nhereby authorized and empowered to do and perform any and all acts\\nnecessary or convenient to enable it to carry out the provisions of this\\narticle and it is authorized to enter into a contract with any person,\\nfirm, association, partnership, corporation or governmental agency\\nwhereby such person, firm, association, partnership, corporation or\\ngovernmental agency will provide part-time employment to students\\nenrolled in such program, the consideration of such contract, if it\\notherwise meets the provisions of this section, to be a legal charge\\nagainst the school district. Any person, firm, association,\\npartnership, corporation or governmental agency participating with a\\nschool district in a school-to-employment program is not to be penalized\\nfor participating in such program by reason of the fact that such child\\nmay be only fifteen years of age or may not have otherwise complied with\\nother provisions of the law which would be applicable thereto, and any\\npupil obtaining vocational experience in participation with a school\\ndistrict in a school-to-employment program is not to be deemed an\\nemployee within the meaning of the labor law, provided that the\\nschool-to-employment program involved meets the regulations of the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4607", "title" : "Bridge to employment, work tryout and education program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4607", "activeDate" : "2014-09-22", "sequenceNo" : 1348, "repealedDate" : null, "fromSection" : "4607", "toSection" : "4607", "text" : " § 4607. Bridge to employment, work tryout and education program. 1.\\nThe commissioner is hereby authorized and directed to make grants within\\nthe limits of the appropriation available for such purpose, to major\\neducation providers, as defined in the Vocational Education Act of 1963,\\nservice delivery area administrative entities and private industry\\ncouncils as established by the Job Training Partnership Act (JTPA) of\\n1982 in accordance with the provisions of this section, to encourage the\\nestablishment of a bridge to employment, work tryout and education\\nprogram for certain targeted populations with businesses with no more\\nthan two hundred fifty employees in any facility and no more than an\\naggregate of one thousand employees in the state of New York. Priority\\nshall be accorded to jointly developed proposals from major education\\nproviders, as defined in the Vocational Education Act, and service\\ndelivery area administrative entities. For the purposes of a statewide\\nprogram, the commissioner is hereby authorized to develop regulations,\\nand to consult with the commissioner of labor, to establish\\nadministrative, program, and expenditure guidelines and standards for\\nthe work tryout experience and the bridge to employment programs\\npursuant to this chapter. Such regulations and guidelines shall include\\nprovisions for educational services to meet additional job skill\\nrequirements for youth or adults to continue such employment placements.\\n 2. Any agency or organization, eligible for a grant or contract under\\nthe provisions of subdivision one of this section, which plans to\\nestablish a bridge to employment, work tryout and education program\\nshall submit an application to the commissioner on or before the first\\nday of July of each year in which such program is conducted provided,\\nhowever, that such application for the nineteen hundred\\neighty-seven--eighty-eight pilot program shall be filed by September\\nfirst, nineteen hundred eighty-seven. Priority shall be accorded to\\njointly developed proposals from major education providers and service\\ndelivery area administrative entities. Such application shall include\\nbut not be limited to, at least a statement of the purpose of the\\nprogram, a detailed estimate of the cost of such program, a complete\\ndescription of the manner in which the program will operate and how the\\nprogram will improve and expand education and placement services\\ncurrently offered by the applicant, and such other information as the\\ncommissioner shall require.\\n 3. For the purposes of a statewide program, the commissioner in the\\nconsultation with the commissioner of labor shall evaluate such\\napplications, using as criteria the merit and value of the various\\nprograms submitted and prior experience of such agency or agencies and\\nsubcontracts in provision of placement services. The commissioner shall\\nthen promulgate a list of those programs that have been selected\\naccording to regulations established by the commissioner.\\n 4. The commissioner shall determine the amount of the apportionment\\nwhich shall be made to those programs which he deems to have merit\\nwithin the amount of the appropriation therefor.\\n 5. A person who seeks to participate under the bridge to employment,\\nwork tryout and education program must be:\\n a. (1) a secondary student who has completed an career sequence or\\n (2) a community college graduate who has completed a certificate or\\nassociate degree program in career education and\\n (3) unemployed three months after completion of such education; or\\n b. (1) an unemployed adult at least twenty-one years of age or older\\nwho has completed a career education adult and/or other training program\\nor have the necessary capacity and past employment history to explore\\nnew job experiences and\\n (2) meet any of the following qualifications:\\n (i) single parent;\\n (ii) dislocated worker;\\n (iii) long-term unemployed;\\n (iv) displaced homemaker;\\n (v) older worker;\\n (vi) economically disadvantaged;\\n (vii) handicapped individuals; or\\n (viii) such other individuals as the commissioner may determine to be\\neligible.\\n c. Notwithstanding any other provision of law, the work experience\\nunder this chapter shall not affect any predetermined eligibility under\\nthe Job Training Partnership Act of 1982 or any other appropriate\\neducational services program.\\n 6. Any agency or organization designated by the commissioner to\\nconduct a bridge to employment, work tryout and education program is\\nhereby authorized and empowered to do and perform all acts necessary or\\nconvenient to enable it to carry out the provisions of this section and\\nit is authorized to enter into a contract with any person, firm,\\nassociation, partnership or corporation whereby such person, firm,\\nassociation, partnership or corporation will provide work tryout\\nexperience to participants enrolled in such program, the consideration\\nfor such contract, if it otherwise meets the provisions of this section,\\nto be a legal charge against the agency or organization. However, no\\nplacements will be made with any person, firm, association, partnership\\nor corporation where there is an industry/labor controversy, as defined\\nin regulations of the commissioner of labor.\\n 7. Use of funds. a. Work tryout experiences. Agencies or organizations\\nparticipating in the bridge to employment, work tryout and education\\nprogram may provide to eligible participants up to one hundred hours of\\nfull-time or part-time work tryout experiences with small to\\nmedium-sized employers at no cost to those participating employers. No\\nsuch experiences may last more than forty hours with any single\\nemployer. Employers who elect to retain a participant from the work\\ntryout experience may transfer such participants to a bridge to\\nemployment placement component of the program and receive full benefit\\nof such program. Up to fifty percent of the funds are to be used to\\nsupport, administer and promote the work tryout experience program.\\n Notwithstanding any other provision of law to the contrary, any\\nparticipants in the work tryout experience who are returned back to the\\nprogram operator because of lack of skills required to retain employment\\nshall be provided education and training in such skills as the program\\noperator deems necessary and available from local, state or federal\\nfunded training programs.\\n b. Bridge to employment placement. The remaining funds are to be\\nutilized to provide a bridge to employment placement program with small\\nand medium employers. Eligible agencies and organizations serving as\\nprogram operators may subcontract with temporary help services,\\nemployment and training agencies, or employers for placement of\\nparticipants with the following support provided from these funds:\\n (1) Payroll administration and program promotion by the agency or\\norganization or sub-contractor for up to two hundred eighty hours but\\nnot more than seven weeks for each person placed in employment.\\n (2) Appropriate share of wages and fringe benefits for such\\nemployment.\\n Employers will be responsible for payment of at least fifty percent of\\nthe wages and fringe benefits for such employment. After seven weeks of\\nemployment the bridge to employment and education program benefits shall\\ncease and the employer must pay all expenses.\\n Employers participating in the program shall not be required to\\nparticipate for any specific period of time. Participants may be hired\\nby participating employers at any time or may be returned to the bridge\\nto employment and education program operator at any time with a\\nstatement of circumstances and/or work related deficiencies. Continued\\nemployer participation in the program shall be determined by\\ndemonstrated transition to unsubsidized employment at levels established\\nby the agency or organization and approved by the commissioner. However,\\nemployers who have released an excessive number of participants from the\\nbridge to employment programs within the first six months of placement\\npursuant to commissioner regulations shall be prohibited from seeking\\nfurther placements from the bridge to employment program.\\n c. Employment and training agencies or temporary help services or\\nother organizations which may serve as subcontractors may charge\\noverhead and promotional expenses as provided in approved contracts for\\nwork tryout experience and bridge to employment programs as specified in\\nguidelines and/or regulations of the commissioner. Such agencies,\\nservices or organizations shall endeavor to serve at least fifty percent\\nof the participants in the bridge to employment program from paragraph b\\nof subdivision five of this section.\\n d. Notwithstanding any provision of law to the contrary, any eligible\\nadult who is either economically disadvantaged or handicapped shall be\\neligible for forty additional hours of work tryout experience benefits\\nand one hundred twenty additional hours of bridge to employment\\nplacement benefits.\\n 8. Notwithstanding any other provision of law to the contrary, any\\nparticipants in the bridge to employment and education program who are\\nreferred back to the program operator because of lack of skills required\\nto retain employment shall be provided education and training in such\\nskills as the placement agency deems necessary and available from local,\\nstate or federal funded training programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A95", "title" : "Farm Schools In Counties", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "95", "activeDate" : "2014-09-22", "sequenceNo" : 1349, "repealedDate" : null, "fromSection" : "4701", "toSection" : "4712", "text" : " ARTICLE 95\\n FARM SCHOOLS IN COUNTIES\\nSection 4701. Establishment of farm schools.\\n 4702. Acquisition of lands and erection of buildings.\\n 4703. Board of managers.\\n 4704. Powers and duties of board.\\n 4705. Powers of superintendent; discipline of school.\\n 4706. Course of instruction.\\n 4707. Children admitted to such school.\\n 4708. State aid.\\n 4709. Agreements with parents and guardians to pay expense of\\n maintenance; compulsory support.\\n 4710. Maintenance by county.\\n 4711. Reports to board of supervisors; inspection.\\n 4712. Powers of commissioner of education and education\\n department.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4701", "title" : "Establishment of farm schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4701", "activeDate" : "2014-09-22", "sequenceNo" : 1350, "repealedDate" : null, "fromSection" : "4701", "toSection" : "4701", "text" : " § 4701. Establishment of farm schools. The board of supervisors or\\nother governing elective body of any county outside of the city of New\\nYork may adopt a resolution by a majority vote of the members of such\\nboard or body establishing a farm school for the purpose of giving\\ninstruction in the trades and in industrial, agricultural and homemaking\\nsubjects to children of the county not more than eighteen nor less than\\neight years of age who may be admitted thereto as provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4702", "title" : "Acquisition of lands and erection of buildings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4702", "activeDate" : "2014-09-22", "sequenceNo" : 1351, "repealedDate" : null, "fromSection" : "4702", "toSection" : "4702", "text" : " § 4702. Acquisition of lands and erection of buildings. Upon the\\nadoption of the resolution as provided in section forty-seven hundred\\none the board of supervisors or other governing elective body shall\\npurchase land in some conveniently accessible place in the county to be\\nused for the purpose of such school. They may acquire such land by\\ngift, purchase or condemnation. The land when so acquired shall be held\\nin the name of the county for the benefit of such school. Upon the\\nacquisition of such land such board or body shall erect the necessary\\nbuildings and suitably equip them for use. Such board or body may also\\nprovide for the improvement of existing buildings and make such repairs\\nand alterations on the buildings upon the land used for the purpose of\\nthe school as may be necessary for the maintenance and operation\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4703", "title" : "Board of managers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4703", "activeDate" : "2014-09-22", "sequenceNo" : 1352, "repealedDate" : null, "fromSection" : "4703", "toSection" : "4703", "text" : " § 4703. Board of managers. The board of managers of such school shall\\nconsist of not less than five members and shall be composed of all the\\ncity, village and district superintendents of schools of the county in\\nwhich it is located, in addition to such other members as may be\\nnecessary to make a total membership of such board of not less than\\nfive. Such additional members of the board shall be appointed by the\\nboard of supervisors or other governing elective body from the resident\\ntaxpayers of the county, who shall serve for terms of four years\\ncommencing on the first day of January succeeding their appointment.\\nSuch terms shall be so arranged that the terms of no two of the members\\nso appointed shall expire in the same year, and for this purpose the\\nterms of the members first appointed hereunder shall be as follows: In\\ncase one member shall be appointed, the term shall be four years, in\\ncase two members shall be appointed, the terms shall be four and two\\nyears, respectively, in case three members shall be appointed, the terms\\nshall be four, three and two years, and in case four members shall be\\nappointed, the terms shall be four, three, two and one year,\\nrespectively, which terms shall commence on the first day of January\\nsucceeding their appointment, and their successors shall be appointed\\nfor full terms of four years as above provided. Appointments to fill\\nvacancies shall be for the unexpired portion of the terms. The members\\nof the board shall serve without compensation. They shall receive their\\nnecessary expenses incurred in the performance of their duties. The\\namount of such expenses shall be charged against the county and shall be\\npaid in the same manner as other county charges. The board shall\\norganize by the election of one of its members as chairman and another\\nas secretary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4704", "title" : "Powers and duties of board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4704", "activeDate" : "2014-09-22", "sequenceNo" : 1353, "repealedDate" : null, "fromSection" : "4704", "toSection" : "4704", "text" : " § 4704. Powers and duties of board. The board of managers of such\\nschool shall be responsible for the operation and maintenance of the\\nschool; employ a superintendent and such teachers and assistants as may\\nbe required for the operation and maintenance of the school when\\nauthorized so to do by the board of supervisors or other governing\\nelective body of the county; fix the compensation of such\\nsuperintendent, teachers and assistants within the amount made available\\ntherefor by the said board or body; prescribe rules and regulations for\\nthe management of the school and for the purpose of carrying into effect\\nthe object thereof; provide for the detention, maintenance and\\ninstruction of all children who are admitted to the school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4705", "title" : "Powers of superintendent; discipline of school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4705", "activeDate" : "2014-09-22", "sequenceNo" : 1354, "repealedDate" : null, "fromSection" : "4705", "toSection" : "4705", "text" : " § 4705. Powers of superintendent; discipline of school. The\\nsuperintendent of the school shall, subject to the regulations of the\\nboard of managers:\\n 1. Have the general management of the school and the land, buildings\\nand equipment thereof, and devote his entire time to its affairs;\\n 2. Be responsible for the welfare of pupils of the school and see that\\nthe regulations and directions of the board of managers are carried into\\neffect;\\n 3. Supervise and direct the methods of instruction and the performance\\nof duties by the teachers, assistants and employees of such school;\\n 4. Prescribe rules for the government and discipline of the pupils of\\nthe school and cause such rules to be enforced;\\n 5. Protect and care for the property of the school;\\n 6. Give special attention to the proper instruction, detention,\\nrestraint, discipline, comfort and physical and moral welfare of the\\npupils of the school, and perform such other duties as may be required\\nof him by the board of managers, with a view of carrying out the\\npurposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4706", "title" : "Course of instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4706", "activeDate" : "2014-09-22", "sequenceNo" : 1355, "repealedDate" : null, "fromSection" : "4706", "toSection" : "4706", "text" : " § 4706. Course of instruction. The board of managers shall prescribe\\nthe courses of instruction to be followed in such school, subject to the\\napproval of the commissioner of education. Such instruction shall\\ninclude instruction in agriculture, mechanic arts, trades and\\nhomemaking. The provisions of this chapter and of the regulations of\\nthe education department relating to vocational instruction in the\\npublic schools shall apply to such school so far as they do not conflict\\nwith the provisions of this article and may be made applicable thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4707", "title" : "Children admitted to such school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-06" ], "docLevelId" : "4707", "activeDate" : "2014-09-22", "sequenceNo" : 1356, "repealedDate" : null, "fromSection" : "4707", "toSection" : "4707", "text" : " § 4707. Children admitted to such school. Children not more than\\neighteen nor less than eight years of age may be admitted to or received\\nin such school, either (1) upon the application of the parents or\\nguardians having the legal custody or control of such children,\\naccompanied by the written consent of such parents or guardians, or (2)\\nupon commitment thereto as truants or incorrigible pupils as provided in\\nsection thirty-two hundred fourteen of this chapter, or (3) upon\\ncommitment thereto as juvenile delinquents as provided by law, provided\\nthat children convicted of crime shall not be committed to such school.\\nChildren who have no homes or who are without proper parental control or\\nwho are under improper guardianship may be sent to and received in such\\nschool, in the same manner and under the same authority as in case of\\nother children who are improperly provided for at home.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4708", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4708", "activeDate" : "2014-09-22", "sequenceNo" : 1357, "repealedDate" : null, "fromSection" : "4708", "toSection" : "4708", "text" : " § 4708. State aid. There shall be annually apportioned to such school\\nfrom the moneys appropriated by the state legislature for the support of\\nthe public schools of the state the sum of one thousand dollars and an\\nadditional sum of two hundred dollars for each teacher employed therein\\nfor a period of thirty-six weeks during each school year, whose entire\\ntime is given to the instruction of pupils in such school. No such\\napportionment shall be made unless there are at least fifteen pupils\\nenrolled and actually in attendance at such school during such period of\\nthirty-six weeks, and unless such school maintains an organization and a\\ncourse of study and is conducted in a manner approved by the\\ncommissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4709", "title" : "Agreements with parents and guardians to pay expense of maintenance; compulsory support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4709", "activeDate" : "2014-09-22", "sequenceNo" : 1358, "repealedDate" : null, "fromSection" : "4709", "toSection" : "4709", "text" : " § 4709. Agreements with parents and guardians to pay expense of\\nmaintenance; compulsory support. The board of managers may make an\\nagreement with the parents or guardian of a child in such school for the\\npayment of an amount therein specified for the instruction and\\nmaintenance of such pupil. An application for the admission of a child\\nwith the consent of the parents or guardian shall not be granted unless\\nsuitable provision be made for the clothing of such child. The amount\\nagreed to be paid for instruction, maintenance and clothing shall be\\nsecured to the satisfaction of the board of managers. Such board shall\\nascertain by investigation the financial ability of parents, guardians,\\nand other persons legally liable for the support of pupils admitted to\\nsuch school upon commitment, and may demand of such parents, guardians\\nor persons the payment of an amount reasonably sufficient to pay all or\\na portion of the cost of the instruction, maintenance and clothing of\\nsuch pupils. The board may proceed against such parents, guardians or\\npersons, by proper suit or proceeding in a court of competent\\njurisdiction for the recovery of the amount agreed or required to be\\npaid, as herein provided. The amount so recovered, after the payment of\\nthe necessary costs and expenses of such suit or proceeding, shall be\\npaid into the treasury of the county, and shall be applied to the\\npayment of the cost of the instruction, maintenance and clothing of such\\npupils.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4710", "title" : "Maintenance by county", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4710", "activeDate" : "2014-09-22", "sequenceNo" : 1359, "repealedDate" : null, "fromSection" : "4710", "toSection" : "4710", "text" : " § 4710. Maintenance by county. The board of supervisors or other\\ngoverning elective body shall provide for the maintenance of such\\nschool, the repair and improvement of the lands and buildings used or\\noccupied thereby, and the equipment thereof with necessary machinery,\\ntools, apparatus and supplies. The cost thereof, and the expenses\\nincurred for such purposes, shall be charges against the county and\\nshall be audited and paid in the same manner as other charges against\\nthe county. The maintenance herein provided for shall include the\\nsupport, instruction, care, board and clothing of pupils and such other\\nexpenses as are necessarily incurred in the operation of the school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4711", "title" : "Reports to board of supervisors; inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4711", "activeDate" : "2014-09-22", "sequenceNo" : 1360, "repealedDate" : null, "fromSection" : "4711", "toSection" : "4711", "text" : " § 4711. Reports to board of supervisors; inspection. The board of\\nmanagers of such school shall report in writing to the board of\\nsupervisors or other governing elective body of the county when called\\nupon to do so, and shall transmit such report to the clerk of such board\\nor body, annually, on or before the thirtieth day of June. Such annual\\nreport shall state such facts in respect to the school as the board of\\nmanagers may deem advisable and as the board of supervisors or other\\ngoverning elective body may require. Such board or body may, by a\\ncommittee or any of its members or appointees, inspect such school, and\\nfor such purpose may enter upon the land and into the buildings of such\\nschool at all reasonable times.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4712", "title" : "Powers of commissioner of education and education department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4712", "activeDate" : "2014-09-22", "sequenceNo" : 1361, "repealedDate" : null, "fromSection" : "4712", "toSection" : "4712", "text" : " § 4712. Powers of commissioner of education and education department.\\nA school established as provided herein shall be deemed a part of the\\npublic school system of the state, and shall be subject to the\\nsupervision and control of the commissioner of education and the\\neducation department in the same manner as other public schools, and\\nshall not be subject to any of the laws of the state relating to\\ncharitable or penal institutions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A97", "title" : "Home Schools In Certain Cities", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "97", "activeDate" : "2014-09-22", "sequenceNo" : 1362, "repealedDate" : null, "fromSection" : "4801", "toSection" : "4815", "text" : " ARTICLE 97\\n HOME SCHOOLS IN CERTAIN CITIES\\nSection 4801. Establishment of home schools.\\n 4802. Acquisition of lands and erection of buildings.\\n 4803. Board of managers.\\n 4804. Powers and duties of managers.\\n 4805. Course of instruction.\\n 4806. Powers of superintendent and discipline of school.\\n 4807. Children admitted to such school.\\n 4808. Jurisdiction of courts.\\n 4809. Transfer of pupils.\\n 4810. Quarantine.\\n 4811. State aid.\\n 4812. Agreements with parents and guardians to pay expense of\\n maintenance; compulsory support.\\n 4813. Maintenance by city.\\n 4814. Report of superintendent.\\n 4815. Powers of commissioner of education and education\\n department.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4801", "title" : "Establishment of home schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4801", "activeDate" : "2014-09-22", "sequenceNo" : 1363, "repealedDate" : null, "fromSection" : "4801", "toSection" : "4801", "text" : " § 4801. Establishment of home schools. The common council of any city\\nhaving a population of over seventy thousand but less than two hundred\\nfifty thousand inhabitants may adopt a resolution by a majority vote\\nestablishing a home school for the purpose of giving instruction in the\\ntrades, industrial, agricultural and homemaking subjects in addition to\\ninstruction in public school subjects to children of the city and other\\nchildren not more than eighteen years nor less than eight years of age\\nwho may be admitted thereto as hereinafter provided. Such school shall\\nbe known as the Home School of.................(Name of city\\nestablishing school).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4802", "title" : "Acquisition of lands and erection of buildings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4802", "activeDate" : "2014-09-22", "sequenceNo" : 1364, "repealedDate" : null, "fromSection" : "4802", "toSection" : "4802", "text" : " § 4802. Acquisition of lands and erection of buildings. Upon the\\nadoption of the resolution as provided in section forty-eight hundred\\none, the city, through its properly constituted officers having power\\nand jurisdiction therein, shall lease or purchase land in a convenient,\\naccessible place in the county in which such city is located and not\\nless than six miles from the center of the city to be used for the\\npurpose of such school. Such land may be acquired by gift, purchase or\\ncondemnation. The land when so acquired shall be held in the name of\\nthe city for the benefit of such school. Upon acquisition of such land\\nthe city shall erect the necessary buildings and suitably equip them for\\nuse. Such city may also provide for the improvement of existing\\nbuildings and make such repairs and alterations upon the buildings upon\\nthe land used for the purposes of the school as may be necessary for the\\nmaintenance and operation thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4803", "title" : "Board of managers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4803", "activeDate" : "2014-09-22", "sequenceNo" : 1365, "repealedDate" : null, "fromSection" : "4803", "toSection" : "4803", "text" : " § 4803. Board of managers. The board of managers of such school shall\\nconsist of not less than five members to be appointed by the mayor of\\nsuch city and of which board the superintendent of schools in any such\\ncity shall be one member ex-officio. Members of the board other than\\nthe said superintendent shall be appointed from resident taxpayers of\\nthe city who shall serve for terms of four years commencing upon the\\nfirst day of January succeeding the appointment. Such terms shall be so\\narranged that the terms of no two of the members so appointed shall\\nexpire in the same year, and for this purpose the terms of members first\\nappointed hereunder shall be as follows: In case one member shall be\\nappointed the term shall be four years; in case two members are\\nappointed the term shall be four and two years respectively; in case\\nthree members are appointed the term shall be four, three and two years;\\nin case four members shall be appointed the terms shall be four, three,\\ntwo and one year respectively. Such terms shall commence on the first\\nday of January succeeding the appointment and their successors shall be\\nappointed for a full term of four years as above provided. Appointments\\nto fill vacancies shall be for the unexpired portion of the terms. The\\nmembers of the board shall serve without compensation. They shall\\nreceive their necessary expenses incurred in the performance of their\\nduties. The amount of such expenses shall be charged against the city\\nand paid in the same manner as other city charges. The board shall\\norganize by the election of one of its members as chairman and another\\nas secretary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4804", "title" : "Powers and duties of managers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4804", "activeDate" : "2014-09-22", "sequenceNo" : 1366, "repealedDate" : null, "fromSection" : "4804", "toSection" : "4804", "text" : " § 4804. Powers and duties of managers. 1. The board of managers of\\nsuch school shall be responsible for the operation and maintenance of\\nthe school; employ a superintendent and such teachers and assistants as\\nmay be required for the operation and maintenance of the school; fix\\ncompensation of such superintendent, teachers and assistants within the\\namount made available therefor by the board of estimate and\\napportionment or other similar body or officer of such city; prescribe\\nrules and regulations for the management of the school and for the\\npurpose of carrying into effect the object thereof; provide for the\\ndetention, maintenance and instruction of all children who are admitted\\nto the school. Such board shall on or before the first day of January\\neach year furnish to the mayor estimates in writing of the amount of\\nexpenditures for the next fiscal year. All expenses and appropriations\\nfor such school shall be subject to the provisions of sections\\nseventy-three, seventy-four, seventy-five, seventy-six and seventy-seven\\nof second class cities law, and of any and all other provisions of said\\nlaw applicable thereto.\\n 2. The board of managers shall have full power to discharge or parole\\nat any time any child admitted to such school. A child under sixteen\\nyears of age committed to the school by a court and paroled for good\\nconduct may be arrested and detained in the school for violation of the\\nterms of his parole.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4805", "title" : "Course of instruction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4805", "activeDate" : "2014-09-22", "sequenceNo" : 1367, "repealedDate" : null, "fromSection" : "4805", "toSection" : "4805", "text" : " § 4805. Course of instruction. The board of managers shall prescribe\\nthe course of instruction to be followed in such school, subject to the\\napproval of the commissioner of education. Such instruction shall\\ninclude instruction in agriculture, mechanic arts, trades and homemaking\\nand in the duties, responsibilities and privileges of citizenship. The\\nprovisions of this article and of the regulations of the education\\ndepartment relating to vocational instruction in the public schools\\nshall apply to such school so far as they do not conflict with the\\nprovisions of this article and may be made applicable thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4806", "title" : "Powers of superintendent and discipline of school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4806", "activeDate" : "2014-09-22", "sequenceNo" : 1368, "repealedDate" : null, "fromSection" : "4806", "toSection" : "4806", "text" : " § 4806. Powers of superintendent and discipline of school. The\\nsuperintendent of the school shall, subject to the regulations of the\\nboard of managers:\\n 1. Have the general management of the school, land, buildings and\\nequipment thereof, and devote his entire time to its affairs.\\n 2. Supervise and direct the methods of instruction and the performance\\nof duties by the teachers, assistants and employees of such school.\\n 3. Be responsible for the welfare of the pupils of the school, see\\nthat the regulations and directions of the board of managers are carried\\ninto effect.\\n 4. Prescribe rules for the government and discipline of the pupils of\\nthe school and cause such rules to be enforced. Discipline shall be\\nmaintained by the honor system so far as practicable. Close or solitary\\nconfinement shall not be used excepting when necessary for the\\nmaintenance of proper discipline.\\n 5. Protect and care for the property of the school.\\n 6. Give special attention to the proper instruction, detention,\\nrestraint, discipline, comfort, physical and moral welfare of the pupils\\nof the school and perform such other duties as may be required of him by\\nthe board of managers with a view of carrying out the provisions of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4807", "title" : "Children admitted to such school", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-06" ], "docLevelId" : "4807", "activeDate" : "2014-09-22", "sequenceNo" : 1369, "repealedDate" : null, "fromSection" : "4807", "toSection" : "4807", "text" : " § 4807. Children admitted to such school. Children not more than\\neighteen nor less than eight years of age may be admitted to or received\\nin such school as follows:\\n 1. Upon the application of the parents or guardians having the legal\\ncustody and control of such children accompanied by the written consent\\nof such parents or guardians.\\n 2. Truants, incorrigible pupils or children coming within any of the\\ndescriptions mentioned in section thirty-two hundred fourteen of this\\nchapter upon commitment thereto either by the school authorities or by a\\ncourt having jurisdiction thereof.\\n 3. Children coming within any of the descriptions mentioned in\\nsections four hundred eighty-five and four hundred eighty-six of the\\npenal law upon commitment thereto by a court.\\n 4. Children under twelve years found guilty of juvenile delinquency.\\n 5. Children over twelve and under sixteen years of age found guilty of\\njuvenile delinquency for the first time and for an offense of a grade\\nnot higher than misdemeanor.\\n Children resident in the city establishing such school duly committed\\nthereto shall be received therein. The board of managers may in their\\ndiscretion and upon such terms as to payment of expenses as they see\\nfit, admit children resident in the county in which said city is\\nsituated or resident in any adjoining county not having a city to which\\nthis article applies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4808", "title" : "Jurisdiction of courts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4808", "activeDate" : "2014-09-22", "sequenceNo" : 1370, "repealedDate" : null, "fromSection" : "4808", "toSection" : "4808", "text" : " § 4808. Jurisdiction of courts. Courts having jurisdiction of\\nchildren shall have power to commit children to the school who are\\nreceivable therein as set forth in section forty-eight hundred seven.\\nCommitments by such courts shall be in accordance with the provisions of\\nthe penal law and code of criminal procedure applicable thereto. The\\ncommitment shall not be for any fixed period of detention. Such\\ndetention shall be conducted with a view to the improvement and to the\\nrestoration, as soon as practicable, of the child so committed to its\\nhome, if after due investigation such home is found to be satisfactory.\\nThe provisions of section four hundred eighty-six of the penal law as to\\ncommitments to institutions shall apply fully to commitments to the\\nschool.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4809", "title" : "Transfer of pupils", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-06" ], "docLevelId" : "4809", "activeDate" : "2014-09-22", "sequenceNo" : 1371, "repealedDate" : null, "fromSection" : "4809", "toSection" : "4809", "text" : " § 4809. Transfer of pupils. The board of managers shall have full\\npower to transfer to other institutions any child committed by a court\\nfound to be incorrigible, not amenable to proper discipline and training\\nof the school, or mentally retarded, in the manner and by the methods\\nprescribed and set forth in the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4810", "title" : "Quarantine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4810", "activeDate" : "2014-09-22", "sequenceNo" : 1372, "repealedDate" : null, "fromSection" : "4810", "toSection" : "4810", "text" : " § 4810. Quarantine. A pupil committed to the school either by court\\nor school authorities upon being received shall be kept separate and\\napart for a period of not less than seven days. During this time a\\ncomplete physical and mental examination of such child shall be made by\\nqualified physicians. Such physicians shall make reports in writing to\\nthe superintendent stating fully the results of such examinations; such\\nreports shall be kept on file by the superintendent in proper and\\nsystematic order.\\n During the period of such quarantine the superintendent and teachers\\nshall give special attention to the pupil with a view of obtaining\\nknowledge of the child and gaining his confidence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4811", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4811", "activeDate" : "2014-09-22", "sequenceNo" : 1373, "repealedDate" : null, "fromSection" : "4811", "toSection" : "4811", "text" : " § 4811. State aid. There shall be annually apportioned to such school\\nfrom the moneys appropriated by the state legislature for the support of\\nthe public schools of the state the sum of one thousand dollars and an\\nadditional sum of two hundred dollars for each teacher employed therein\\nfor a period of thirty-six weeks during each school year, whose entire\\ntime is given to the instruction of pupils in such school. No such\\napportionment shall be made unless there are at least fifteen pupils\\nenrolled and actually in attendance at such school during such period of\\nthirty-six weeks, and unless such school maintains an organization and a\\ncourse of study, and is conducted in a manner approved by the\\ncommissioner of education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4812", "title" : "Agreements with parents and guardians to pay expense of maintenance; compulsory support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4812", "activeDate" : "2014-09-22", "sequenceNo" : 1374, "repealedDate" : null, "fromSection" : "4812", "toSection" : "4812", "text" : " § 4812. Agreements with parents and guardians to pay expense of\\nmaintenance; compulsory support. The board of managers may make an\\nagreement with the parents or guardian of a child in such school for the\\npayment of an amount therein specified for the instruction and\\nmaintenance of such pupil. An application for the admission of a child\\nwith the consent of the parents or guardian shall not be granted unless\\nsuitable provision be made for the clothing of such child. The amount\\nagreed to be paid for instruction, maintenance and clothing shall be\\nsecured to the satisfaction of the board of managers. Such board shall\\nascertain by investigation the financial ability of parents, guardians\\nand other persons legally liable for the support of pupils admitted to\\nsuch school upon commitment, and may demand of such parents, guardians\\nor persons the payment of an amount reasonably sufficient to pay all or\\na portion of the cost of instruction, maintenance, and clothing of such\\npupils. The board may proceed against such parents, guardians or\\npersons, by proper suit or proceeding in a court of competent\\njurisdiction for the recovery of the amount agreed or required to be\\npaid, as herein provided. The amount so recovered, after the payment of\\nthe proper costs and expenses of such suit or proceeding, shall be paid\\ninto the treasury of the city, and shall be applied to the payment of\\nthe cost of the instruction, maintenance, and clothing of such pupils.\\nSuch action at law shall be brought in the name of the city by the\\ncorporation counsel thereof.\\n This provision shall in no way affect the power of the committing\\ncourt to order payment as provided in subdivision b of section nine\\nhundred twenty-one of the code of criminal procedure.\\n Children committed either by court or school authorities of the city\\nshall be a charge upon such city. Children so committed from outside of\\nthe city shall be a charge upon the city, incorporated village or\\ntownship from which committed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4813", "title" : "Maintenance by city", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4813", "activeDate" : "2014-09-22", "sequenceNo" : 1375, "repealedDate" : null, "fromSection" : "4813", "toSection" : "4813", "text" : " § 4813. Maintenance by city. The board of estimate and apportionment\\nor other similar body or officer shall provide for the maintenance of\\nsuch school, the repair and improvement of the lands and buildings used\\nor occupied thereby, and the equipment thereof with necessary machinery,\\ntools, apparatus and supplies. The cost thereof, and the expenses\\nincurred for such purposes, shall be charged against the city and shall\\nbe audited and paid in the same manner as other charges against the\\ncity. The maintenance herein provided for shall include the support,\\ninstruction, care, board and clothing of pupils and such other expenses\\nas are necessarily incurred in the operation of the school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4814", "title" : "Report of superintendent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4814", "activeDate" : "2014-09-22", "sequenceNo" : 1376, "repealedDate" : null, "fromSection" : "4814", "toSection" : "4814", "text" : " § 4814. Report of superintendent. The superintendent of the school\\nshall report annually to the mayor in accordance with the provisions of\\nsection twenty-three of the second-class cities law. Such report shall\\nbe countersigned by a majority of the board of managers. The mayor\\nshall have power to inspect the school at any time, and may appoint a\\ncommittee of citizens who shall have power to inspect such school and\\nfor such purpose may enter upon the lands and into the buildings of such\\nschool at all reasonable times.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4815", "title" : "Powers of commissioner of education and education department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4815", "activeDate" : "2014-09-22", "sequenceNo" : 1377, "repealedDate" : null, "fromSection" : "4815", "toSection" : "4815", "text" : " § 4815. Powers of commissioner of education and education department.\\nA school established as provided herein shall be deemed a part of the\\npublic school system of the state, and shall be subject to the\\nsupervision and control of the commissioner of education and the\\neducation department in the same manner as other public schools, and\\nshall not be subject to any of the laws of the state relating to\\ncharitable or penal institutions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A99", "title" : "New York Nautical School", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "99", "activeDate" : "2014-09-22", "sequenceNo" : 1378, "repealedDate" : null, "fromSection" : "4901", "toSection" : "4904", "text" : " ARTICLE 99\\n NEW YORK NAUTICAL SCHOOL\\nSection 4901. New York nautical school may be established and\\n maintained.\\n 4902. Management.\\n 4903. Chamber of commerce to appoint committee to serve as\\n council.\\n 4904. Expenses.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4901", "title" : "New York nautical school may be established and maintained", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4901", "activeDate" : "2014-09-22", "sequenceNo" : 1379, "repealedDate" : null, "fromSection" : "4901", "toSection" : "4901", "text" : " § 4901. New York nautical school may be established and maintained.\\nThe board of education of the city of New York, in its discretion, may\\nprovide and maintain a nautical school in such city for the education\\nand training of pupils in the science and practice of navigation; may\\nfurnish accommodations for such school and make all needful rules and\\nregulations therefor, and for the number and compensation of instructors\\nand others employed therein; may prescribe the government and discipline\\nthereof and the terms and conditions upon which pupils shall be received\\nand instructed therein and discharged therefrom and provide in all\\nthings for the good management of such nautical school. Such board\\nshall have power to purchase the books, apparatus, stationery and other\\nthings necessary or expedient to enable such school to be properly and\\nsuccessfully conducted; and may cause such school or the pupils, or part\\nof the pupils thereof, to go on board vessels in the harbor of New York\\nand take cruises in or from such harbor for the purpose of obtaining a\\npractical knowledge in navigation and of the duties of mariners. Such\\nboard is hereby authorized to apply to the United States government for\\nthe requisite use of vessels and supplies for the purposes above\\nmentioned.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4902", "title" : "Management", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4902", "activeDate" : "2014-09-22", "sequenceNo" : 1380, "repealedDate" : null, "fromSection" : "4902", "toSection" : "4902", "text" : " § 4902. Management. The board of education of the city of New York\\nshall appoint annually at least three of its number who, subject to the\\ncontrol, supervision and approbation of the board, shall constitute an\\nexecutive committee for the care, government and management of such\\nnautical school, under rules and regulations so prescribed, and whose\\nduty it shall be, among other things, to recommend the rules and\\nregulations which they deem necessary and proper for such school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4903", "title" : "Chamber of commerce to appoint committee to serve as council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4903", "activeDate" : "2014-09-22", "sequenceNo" : 1381, "repealedDate" : null, "fromSection" : "4903", "toSection" : "4903", "text" : " § 4903. Chamber of commerce to appoint committee to serve as council.\\nThe chamber of commerce of New York is authorized to provide for and\\nappoint a committee of its members to serve as a council of the nautical\\nschool, whose duty it shall be, as far as may be, to advise and\\ncooperate with the board of education of the city of New York in the\\nestablishment and management of such school and from time to time to\\nvisit and examine the same, and to communicate in respect thereof with\\nthe board of education or such executive committee thereof, and to make\\nreports to the chamber of commerce which may transmit to the\\ncommissioner of education such reports, or any thereof, or an abstract\\nof the same, with such recommendations as may be deemed advisable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "4904", "title" : "Expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4904", "activeDate" : "2014-09-22", "sequenceNo" : 1382, "repealedDate" : null, "fromSection" : "4904", "toSection" : "4904", "text" : " § 4904. Expenses. After the establishment and organization of such\\nschool the expenses thereof, and of carrying out the provisions of this\\narticle, shall be defrayed from the moneys raised by law for the support\\nof public schools in the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A101", "title" : "Licensed Private Career Schools and Certified English As a Second Language Schools", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-08-18" ], "docLevelId" : "101", "activeDate" : "2014-09-22", "sequenceNo" : 1383, "repealedDate" : null, "fromSection" : "5001", "toSection" : "5010", "text" : " ARTICLE 101\\n LICENSED PRIVATE CAREER SCHOOLS AND CERTIFIED ENGLISH AS A SECOND\\n LANGUAGE SCHOOLS\\nSection 5001. Licensed private schools and registered business\\n schools/computer training facilities.\\n 5002. Standards for licensed private schools and registered\\n business schools.\\n 5003. Disciplinary actions, hearings and penalties.\\n 5004. Private school agent's certificate.\\n 5005. Disclosure to students.\\n 5006. Teachout plans.\\n 5007. Tuition reimbursement account.\\n 5008. Trust accounts.\\n 5009. Duties of the commissioner.\\n 5010. Advisory council.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5001", "title" : "Licensed private career schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2016-12-02", "2017-08-18", "2017-09-15", "2018-11-09", "2022-08-05", "2024-07-05" ], "docLevelId" : "5001", "activeDate" : "2014-09-22", "sequenceNo" : 1384, "repealedDate" : null, "fromSection" : "5001", "toSection" : "5001", "text" : " § 5001. Licensed private career schools. 1. Schools required to be\\nlicensed. No private school which charges tuition or fees related to\\ninstruction and which is not exempted hereunder shall be operated by any\\nperson or persons, firm, corporation, or private organization for the\\npurpose of teaching or giving instruction in any subject or subjects,\\nunless it is licensed by the department. As used in this article:\\n a. \"licensed private career school\" or \"licensed private school\" shall\\nmean any entity offering to instruct or teach any subject by any plan or\\nmethod including written, visual or audio-visual methods, and shall\\ninclude any institution licensed or registered as a registered business\\nschool or computer training facility on the effective date of the\\nchapter of the laws of two thousand twelve which amended this\\nsubdivision. Following such effective date, there shall be no\\ndistinction between institutions previously defined as \"registered\\nbusiness schools\" or \"computer training facilities\" and other licensed\\nprivate schools, and any reference in law to a registered business\\nschool or computer training facility shall be deemed a reference to a\\nlicensed private career school. Institutions holding a valid business\\nschool registration on such effective date, including computer-training\\nfacilities, shall have such registrations replaced by the commissioner,\\nat no cost, with licenses valid until the expiration date listed on such\\nprevious registration; and\\n b. \"certified English as a second language school\" or \"certified ESL\\nschool\" shall mean a language school conducted for-profit which provides\\ninstruction in English as a second language and which accepts no public\\nfunds and is certified pursuant to paragraph f of subdivision four of\\nthis section.\\n 2. Exempt schools. The following schools are exempted from the\\nlicensing requirement of this section:\\n a. institutions authorized to confer degrees in this state;\\n b. schools providing kindergarten, nursery, elementary or secondary\\neducation, except schools conducted for profit which provide instruction\\nin English as a second language or preparation for high school\\nequivalency examinations to out-of-school youth or adults;\\n c. schools operated by governmental agencies or authorities;\\n d. schools which engage exclusively in training of students with\\ndisabilities as defined in section forty-four hundred one of this\\nchapter;\\n e. schools conducted on a not-for-profit basis by firms or\\norganizations for the training of their own employees only, provided\\nthat such instruction is offered at no charge to such employees, or by a\\nfraternal society or benevolent order for its members or their immediate\\nrelatives only;\\n f. schools which provide instruction in the following subjects only:\\nreligion, dancing, music, painting, drawing, sculpture, poetry, dramatic\\nart, languages, reading comprehension, mathematics, recreation, yoga,\\nmartial arts, pilates and athletics, including the training of students\\nto teach such subjects, provided, however, that schools conducted for\\nthe purpose of training personal trainers shall be excluded from this\\nexemption and shall be required to obtain licensure;\\n g. schools in which the course of instruction is licensed, registered\\nor approved under any other section of this chapter or by any other\\ndepartment or agency of the state;\\n h. schools which provide instruction designed solely for giving flight\\ntraining and/or related ground school instruction;\\n i. schools in which instruction designed solely to prepare applicants\\nfor admission to professional licensing examinations administered by the\\ndepartment pursuant to title eight of this chapter, and applicants for\\nexamination for admission to the practice of law;\\n j. schools which offer continuing education courses exclusively for\\nindividuals licensed by the department pursuant to title eight of this\\nchapter and for individuals admitted to the practice of law;\\n k. schools which provide instruction given exclusively to employees of\\na person or organization which has contracted with another person or\\norganization to provide such instruction at no cost to the employees;\\n l. conferences, trade shows, workshops, seminars, institutes or\\ncourses of study offered and sponsored either jointly or individually by\\nrecognized trade, business or professional organizations for the benefit\\nof their membership;\\n m. schools that limit their total conferences, trade shows, workshops,\\nseminars, institutes or other course offerings to no more than twice in\\none calendar year with each of those offerings for no more than five\\ndays;\\n n. schools which provide instruction exclusively to persons employed\\nfull-time or part-time in the field in which instruction is being\\noffered, where the instruction is provided to meet continuing education\\nstandards required for professional licensure as defined by law in this\\nstate; and\\n o. schools in candidacy status pursuant to subparagraph (iv) of\\nparagraph b of subdivision four of this section.\\n 2-a. Schools exempted pursuant to subdivision two of this section may\\nwaive such exemption and apply for a license; provided, however, that\\nthe review of such applications shall be left to the discretion of the\\ncommissioner.\\n 2-b. Programs offered by licensed private career schools to employees\\nof a person or organization which has contracted with another person or\\norganization to provide such instruction at no cost to the employees\\nshall be exempt from the requirements of this article, provided that the\\nfollowing requirements are met:\\n a. Only employees of the employer for which the program is being\\noffered may enroll in classes that make up the program.\\n b. Certificates or diplomas awarded to students in the program may not\\nreference in any way the department.\\n c. Prior to the commencement of the program, such schools shall submit\\nto the department a disclosure form, prescribed by the commissioner,\\ncopies of which shall be provided to all students in such exempt\\nprogram, which shall include but not be limited to the following\\ninformation:\\n (i) a description of the location and time period in which the program\\nwill be offered;\\n (ii) a statement that the students enrolled in the program shall not\\nbe subject to any tuition liability for the program, even if such\\nstudents do not complete the program;\\n (iii) a statement that the program being provided to the employer has\\nnot been approved by the department and is not under the department's\\njurisdiction and that the students in the program have been advised of\\nthe fact; and\\n (iv) the signatures of the school director or owner of the school and\\nthe representative of the employer for which the program is being\\noffered certifying the accuracy of the statements on the form.\\n d. Any additional student openings in a program deemed exempt by the\\ndepartment may be made available to students not affiliated with the\\nemployer on the condition that such students execute a disclosure form\\nas prescribed in paragraph c of this subdivision. Such admitted students\\nshall only constitute up to ten percent of the exempt program's total\\ncapacity.\\n 4. Application, renewal application and application fees. a.\\nApplication and renewal application for a license as a private career\\nschool required by the commissioner shall be filed on forms prescribed\\nand provided by the department. Except as provided in subparagraph (iii)\\nof paragraph e of this subdivision, each renewal application for a\\nprivate career school licensed pursuant to this section shall include an\\naudited financial statement audited according to generally accepted\\nauditing standards by an independent certified public accountant or an\\nindependent public accountant and statistical reports certified by the\\nowner or operator of the school, as required by the commissioner;\\nprovided, however, that the commissioner shall accept a copy of a\\ncurrent financial statement previously filed by a school with any other\\ngovernmental agency in compliance with the provisions of any federal or\\nstate laws, or rules or regulations if such statement contains all of\\nthe information required under this subdivision and conforms to this\\nsubdivision's requirements of auditing, review and certification. Any\\nrequired audit of the financial statement shall be a condition of\\nlicensure and shall be paid for by the school, and the results of the\\naudit shall be forwarded to the commissioner. Applications not\\naccompanied by the audits and reports required pursuant to this\\nsubdivision shall not be considered for approval by the commissioner.\\nInitial applications shall be accompanied by financial reports as\\nrequired by the commissioner. The applicant shall receive a written\\napproval or denial together with the reasons for a denial of such\\napplication.\\n b. (i) An initial license issued pursuant to the provisions of this\\narticle shall be valid for a period of two years. A renewal of license\\nissued pursuant to the provisions of this article shall be valid for a\\nperiod of four years.\\n (ii) Every applicant and renewal applicant shall pay to the department\\na nonrefundable, nontransferable application fee. The initial\\napplication fee for new schools shall be five thousand dollars, of which\\nthree thousand dollars shall accrue to the credit of the proprietary\\nvocational school supervision account and two thousand dollars shall\\naccrue to the tuition reimbursement account. For additional licensed\\nlocations of currently operating schools, the application fee shall be\\ntwo thousand five hundred dollars, which shall accrue to the credit of\\nthe proprietary vocational school supervision account. For renewal\\napplications, the fee shall be based on gross annual tuition income as\\ndetermined by the annual financial statements required in paragraph a of\\nthis subdivision for the most recent school fiscal year, according to\\nthe following schedule:\\n GROSS ANNUAL TUITION INCOME FEE\\n 0-$199,999 $ 750.00\\n $200,000-$499,999 $ 1,500.00\\n $500,000-$999,999 $ 2,225.00\\n $1,000,000-$4,999,999 $ 4,500.00\\n $5,000,000-$9,999,999 $ 9,000.00\\n $10,000,000 or above $18,000.00\\n Such renewal fees shall accrue to the credit of the proprietary\\nvocational school supervision account. If the evaluation of a particular\\ncourse or facility requires the services of an expert not employed by\\nthe department, the department shall retain such expert and the school\\nshall reimburse the department for the reasonable cost of such services.\\n (iii) Each school shall display, near the entrance to the school, the\\nlicense which has been issued to it. Such authorization shall be\\ndisplayed only during the period of its validity.\\n * (iv) A school which has applied for a private career school license\\nmay request candidacy status for one time only. Candidacy status shall\\nnot be issued to schools offering programs to train students to pass\\nlicensure examinations such as appearance enhancement tests, achieve\\nnurse aide or nurse assistant certification, or pass examinations\\nleading to licensure in any other profession or occupation determined by\\nthe commissioner to require full licensure status. Candidacy status\\nshall allow a school to operate unlicensed for an initial period of\\ntwelve months during the licensure application process, which may be\\nextended to a maximum, non-renewable period of eighteen months, under\\nthe following conditions:\\n (1) the prospective school submits a candidate school application fee,\\nseparate from the school application fee, of five thousand dollars which\\nshall accrue to the credit of the proprietary vocational school\\nsupervision account;\\n (2) the school shall not represent that it is licensed or that its\\nprograms are approved through the department;\\n (3) to every prospective student, the school shall disseminate a\\nstatement, provided by the department, that the facilities, instructors,\\nand programs being provided have not been approved and are not under the\\ndepartment's jurisdiction during the candidacy period. Such statement\\nshall indicate that students attending candidate schools shall have no\\nrecourse through the department's student complaint process nor have any\\nrestitution available from the tuition reimbursement account. Students\\nshall sign an attestation to the receipt of this statement. The school\\nshall retain the signed attestation and provide the student with a copy\\nof such signed statement;\\n (4) the school shall demonstrate financial viability through means\\ndeemed appropriate by the commissioner. Such means may include\\nsubmitting an audited financial statement based on the most recently\\ncompleted fiscal year; securing and maintaining a performance bond,\\npayable to the commissioner, in an amount appropriate to eliminate any\\nliability to the tuition reimbursement account in the event the school\\nceases operation; limiting the collection of tuition funds until each\\nstudent completes the program of study; or other means acceptable to the\\ncommissioner; and\\n (5) any breach of the above conditions shall result in the disapproval\\nof the school's licensure application and the forfeiture of candidate\\nstatus. Continued operation after this disapproval shall subject the\\nschool to the disciplinary action prescribed under paragraph b of\\nsubdivision six of section five thousand three of this article.\\n (6) On or before the end of the initial twelve-month period of\\ncandidacy status, the commissioner shall review the school's application\\nfor licensure and documentation relating to the school's candidacy\\nstatus and shall determine whether such candidacy status should be\\nextended to the full eighteen months and whether the school may continue\\nto enroll students beyond the eighteen-month period or the school's\\napplication for licensure will be initially disapproved for failure to\\nmeet required standards.\\n * NB Repealed December 15, 2015\\n c. An application for renewal of any license shall be submitted at\\nleast one hundred twenty days prior to the expiration date of the\\ncurrent authorization to operate accompanied by the nonrefundable\\napplication fee and such certified statistical reports and annual\\nfinancial statements required pursuant to this subdivision.\\n d. When complete and timely application has been made for renewal of\\nany license, the school shall receive a written approval or denial,\\ntogether with the reasons for denial of renewal, from the commissioner\\nno less than thirty days prior to the date such license expires.\\n e. Financial statements and statistical reports. (i) Licensed private\\ncareer schools and candidate schools shall submit such certified\\nstatistical reports and annual financial statements as required by the\\ncommissioner. The commissioner may require audited statistical reports\\nupon a determination that a school has provided false or inaccurate\\ncertified statistical reports. The financial statements shall be based\\non the fiscal year of the school and shall also include an itemized\\naccount of tuition refunds due and owing to past or presently enrolled\\nstudents. Statistical reports shall include, but not be limited to,\\nenrollment, completion and placement data. The commissioner shall use\\nsuch financial statements and statistical reports submitted for the\\npurposes of licensure of schools, establishing fees or assessments\\npursuant to this article and determining standards pursuant to paragraph\\nb of subdivision five of section five thousand two of this article. The\\nattorney general, the comptroller and the president of the higher\\neducation services corporation shall have access to this information\\nwhen it is necessary to perform their duties as required by state law.\\n (ii) Any school which received five hundred thousand dollars or more\\nin gross tuition in a school fiscal year shall be required to submit to\\nthe commissioner an annual audited financial statement prepared in\\naccordance with generally accepted accounting principles for that fiscal\\nyear. In addition, any school which has a gross tuition of less than\\nfive hundred thousand dollars in a school fiscal year but whose combined\\nstate and federal student financial aid in such year equals one hundred\\nthousand dollars or more shall also submit an annual audited financial\\nstatement to the commissioner for that fiscal year.\\n (iii) Schools whose gross tuition is less than five hundred thousand\\ndollars in a school fiscal year and which receive less than one hundred\\nthousand dollars in state and federal student financial aid in a school\\nfiscal year shall file with the commissioner an unaudited financial\\nstatement in a format prescribed by the commissioner, provided, however,\\nthat any such school shall file an audited financial statement the\\nfiscal year after a reviewed financial statement is submitted. For such\\nschools, audited financial statements are required every two years, at\\nminimum, with reviewed financial statements allowed during the alternate\\nyear. Upon a determination by the commissioner that a school has\\nsubmitted false or inaccurate statements or that a significant,\\nunsubstantiated decline in gross tuition has occurred, the commissioner\\nmay require any such school to file an audited financial statement\\npursuant to this paragraph even during alternate years when reviewed\\nstatements would ordinarily be allowed.\\n f. Alternate licensing provision. The commissioner shall issue\\nregulations which define alternate licensing or certification\\nrequirements for the following:\\n (1) correspondence schools in which all approved programs and courses\\nare under three hundred hours;\\n (2) schools which are eligible for exemption under this section but\\nwhich elect to be licensed;\\n (3) non-profit schools exempt from taxation under section 501(c)(3) of\\nthe internal revenue code whose programs are funded entirely through\\ndonations from individuals or philanthropic organizations, or\\nendowments, and interest accrued thereon; and\\n (4) language schools conducted for-profit which provide instruction in\\nEnglish as a second language and which accept no public funds.\\n 5. Required disclosure for licensure. a. The commissioner shall\\nrequire that each applicant for a license for the operation of a private\\ncareer school disclose the following information:\\n (1) Whether the applicant, or any corporation, partnership,\\nassociation or organization or person holding an ownership or control\\ninterest in such school, or any employee responsible in a supervisory\\ncapacity for the administration of student funds or governmental funds,\\nhas been convicted of a crime defined in this article, or any other\\ncrime involving the operation of any educational or training program,\\nor, in connection with the operation of any such program, a crime\\ninvolving the unlawful acquisition, use, payment or expenditure of\\neducational or training program funds; and\\n (2) Whether the applicant, or any corporation, partnership,\\nassociation or organization or person holding an ownership or control\\ninterest in such school, or any employee responsible in a supervisory\\ncapacity for the administration of student funds or governmental funds\\nhas been convicted:\\n (A) in this state of any of the following felonies defined in the\\npenal law: bribery involving public servants; commercial bribery;\\nperjury in the second degree; rewarding official misconduct; larceny, in\\nconnection with the provision of services or involving the theft of\\ngovernmental funds; offering a false instrument for filing, falsifying\\nbusiness records; tampering with public records; criminal usury; scheme\\nto defraud; or defrauding the government; or\\n (B) in any other jurisdiction of an offense which is substantially\\nsimilar to any of the felonies defined in clause (A) of this\\nsubparagraph and for which a sentence to a term of imprisonment in\\nexcess of one year was authorized and is authorized in this state\\nregardless of whether such sentence was imposed; and\\n (3) Whether the applicant, or any corporation, partnership,\\nassociation or organization or person holding an ownership or control\\ninterest in such school, or any employee responsible in a supervisory\\ncapacity for the administration of student funds or governmental funds,\\nhas been finally determined in any administrative or civil proceeding to\\nhave committed a violation of any provision of this article or any rules\\nand regulations promulgated pursuant thereto, or any related order or\\ndetermination of the commissioner, or of any similar statute, rule,\\nregulation, order or determination of another jurisdiction pertaining to\\nthe licensure and operation of any educational or training program; and\\n (4) Whether any school owned or operated by the applicant closed or\\nceased operation and, if so, whether at the time of the closing the\\napplicant was subject to a pending disciplinary action, disallowance,\\nfine or other penalty and whether it owed refunds to any government\\nagency or students.\\n b. No application for any license pursuant to this article shall be\\ndenied by reason of disclosure pursuant to this subdivision of the\\napplicant, or any corporation, partnership, association or organization\\nor person holding an ownership or control interest in such school, or\\nany employee responsible in a supervisory capacity for the\\nadministration of student funds or governmental funds unless the\\ncommissioner makes a written determination that there is a direct\\nrelationship between one or more of such previous offenses and the\\nlicense sought, or that issuance of the license would create an\\nunreasonable risk to property or to the safety, education or welfare of\\nspecific individuals or the general public. In making such\\ndetermination, the commissioner shall be guided by the factors set forth\\nin section seven hundred fifty-three of the correction law. For purposes\\nof this subdivision, \"ownership or control interest\" means: with respect\\nto a school that is organized as or owned by a corporation, a position\\nas an officer or director of such corporation; or, with respect to a\\nschool that is organized as or owned by a partnership, a position as a\\npartner; or any other interest totaling ten percent or more, whether\\ndirect or indirect, in the total equity or assets of such school.\\n c. The commissioner may deny, suspend, revoke or decline to renew any\\nlicense: (1) if the significance of the convictions or administrative\\nviolations warrant such action; (2) if the commissioner determines that\\na school did not make any disclosure required by this subdivision; or\\n(3) if the commissioner determines that a school's financial condition\\nmay result in the interruption or cessation of instruction or jeopardize\\nstudent tuition funds.\\n 6. If, during the period for which a license is granted, the\\ncommissioner determines that a school's financial condition may result\\nin the interruption or cessation of instruction or jeopardize student\\ntuition funds, the commissioner may, upon notice to the school, place\\nthe school on probation for a period of no more than one year during\\nwhich time the school and the department must make efforts to resolve\\nthe problems at the school. The school shall submit a report on its\\nfinancial condition to the commissioner within the time prescribed by\\nthe commissioner. Such report shall be in the form and shall include\\ncontent prescribed by the commissioner and shall be reviewed by the\\ncommissioner to determine the school's financial viability. The\\ncommissioner may suspend or revoke the school's license, as well as\\nrequire the cessation of student enrollment, upon a determination that\\nthe school's financial condition continues to threaten its ability to\\neducate students and/or the student tuition funds. Alternatives for the\\nschool to demonstrate a fiscally sound operation may include securing\\nand maintaining a performance bond, payable to the commissioner, in an\\nappropriate amount to eliminate any liability to the tuition\\nreimbursement account should the school cease operation, limiting the\\ncollection of tuition funds until each student completes the program of\\nstudy, or other means acceptable to the commissioner. If no resolution\\ncan be attained, a hearing, pursuant to subdivisions two and three of\\nsection five thousand three of this article will be scheduled. Such\\nprobation may include additional monitoring, inspections, limitations on\\nenrollment, teaching out some or all of a school's present students or\\ntemporary cessation of instruction.\\n 7. No license granted under this section shall be transferable or\\nassignable without the approval of the commissioner. Upon transfer or\\nassignment of any interest totaling twenty-five percent or more, whether\\ndirect or indirect, in the total equity or assets of a school, such\\nschool shall be deemed a new school required to submit a new school\\napplication and obtain a new license pursuant to this article.\\nProvided, however, that upon such a substantial change in interest, the\\nprevious school license shall remain in effect until the new license is\\nissued or denied or the previous license expires or is revoked,\\nwhichever occurs first.\\n 8. No licensed school shall discontinue operation or surrender its\\nlicense unless thirty days written notice of its intention to do so and\\na plan for maintenance of safe keeping of the records of the school is\\nprovided to the commissioner. However, upon good cause shown, the\\ncommissioner may waive the thirty days notice requirement.\\n 9. Annual supervision fund and tuition reimbursement account\\nassessment. a. The commissioner shall annually assess each school a\\ntotal percentage of that school's gross tuition pursuant to subdivision\\nthree of section five thousand two of this article, as determined by the\\nannual audited financial statement required by this article. This\\nassessment shall be based upon each school's gross tuition from the\\nprevious year, and shall be payable to the commissioner in equal\\nquarterly installments which shall be due on June first, September\\nfirst, December first and March first.\\n b. (i) Such annualized assessment shall be one percent for schools\\nwhich have paid less than sixteen quarters of assessments, but such\\nannual assessment shall not fall below five hundred dollars.\\n (ii) Such annualized assessment shall be eight-tenths of one percent\\nfor schools which have paid sixteen or more quarters of assessments, but\\nsuch annual assessment shall not fall below five hundred dollars.\\n c. (i) Of the total assessment provided for herein, five-tenths of one\\npercent shall accrue to the credit of the tuition reimbursement account\\npursuant to section five thousand seven of this article for those\\nschools which have paid less than sixteen quarters of assessments. Of\\nthe total assessment provided for schools which have paid sixteen or\\nmore quarters of assessments, three-tenths of one percent shall accrue\\nto the credit of the tuition reimbursement account pursuant to section\\nfive thousand seven of this article. For schools paying the minimum\\nfive hundred dollars annual assessment, none shall accrue to the tuition\\nreimbursement account.\\n (ii) The balance of the total assessment provided for herein shall be\\ndedicated to fund the department's supervision and regulation of\\nlicensed private schools pursuant to an annual appropriation and an\\nannual plan of expenditure prepared by the commissioner and approved by\\nthe director of the budget.\\n d. Payments made within thirty days following the due date shall be\\nsubject to interest at one percent above the prevailing prime rate.\\nThereafter, late payments may result in suspension of licensure by the\\ncommissioner. Payments required by this subdivision shall be considered\\na condition of licensure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5002", "title" : "Standards for licensed private career schools", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5002", "activeDate" : "2014-09-22", "sequenceNo" : 1385, "repealedDate" : null, "fromSection" : "5002", "toSection" : "5002", "text" : " § 5002. Standards for licensed private career schools. Any school\\nlicensed pursuant to section five thousand one of this article shall be\\norganized and conducted only as a school and shall be subject to the\\njurisdiction of the department exclusively, or in conjunction with such\\nother state agency or department or district attorney upon which\\njurisdiction has also been conferred by law. Such schools shall be\\nsubject to and comply with the provisions of this section.\\n 1. Standards. a. No program of such schools shall be conducted in a\\nfactory or commercial establishment, except where the use of facilities\\nor equipment of such factory or commercial establishment is permitted\\nfor necessary or desirable educational purposes and objectives.\\n b. For every such school, the commissioner shall set forth in\\nregulation standards governing all of the following:\\n (1) criteria for admission, which shall provide that students at least\\npossess a high school diploma or its equivalent or demonstrate the\\nability to benefit from the instruction, except that in the case of\\nstudents who do not possess a high school diploma or its equivalent,\\ncertification of the students' ability to benefit from instruction shall\\nbe provided to the commissioner as provided in paragraph c of this\\nsubdivision;\\n (2) the standards and the methods of instruction;\\n (3) the equipment available for instruction with the maximum\\nenrollment that such equipment and physical plant will accommodate;\\n (4) the qualifications and experience of teaching and management\\npersonnel;\\n (5) the form and content of the student enrollment agreement or\\ncontract, provided that such agreement or contract shall be written in\\nthe same language as that principally used in the sales presentation;\\n (6) the methods of collecting tuition;\\n (7) eligibility criteria for programs that will require licensure;\\n (8) the sufficiency and suitability of the resources available for the\\nsupport of such school; and\\n (9) counseling provided to students.\\n b-1. (1) Student loans or other financial aid funds received from\\nfederal, state, or local governments or administered under the federal\\nstudent financial assistance programs governed by Title IV of the Higher\\nEducation Act of nineteen hundred sixty-five, 20 U.S.C. section 1070 et\\nseq., as amended, must be collected and applied in the manner as\\ncontrolled by the applicable federal, state or local regulations.\\n (2) Student loans or other financial aid funds received from private\\nentities, including, but not limited to, banks, financing companies, and\\nother lending sources must be collected or disbursed in the following\\nmanner:\\n (A) Loans or other financial aid payments for amounts of five thousand\\ndollars or less may be disbursed as a single disbursement, regardless of\\ncourse length.\\n (B) Loans or other financial aid payments for amounts greater than\\nfive thousand dollars that reflect a class term of less than six months\\nshall have two equal disbursements. The disbursement schedule for such\\nloans or payments shall be as follows: one-half of the tuition amount\\nreleased initially, and the remainder released halfway through the\\ncourse term.\\n (C) Loans or other financial aid payments for amounts greater than\\nfive thousand dollars that reflect a class term of greater than six\\nmonths, but less than twelve months must have three equal disbursements.\\nThe disbursement schedule for such loans or payments shall be as\\nfollows: one-third of the tuition amount released initially, the second\\ndisbursement shall be released one-third of the way through the length\\nof the training, and the remainder released two-thirds of the way\\nthrough the course term.\\n (D) Loans of other financial aid payments for amounts greater than\\nfive thousand dollars that reflect a class term greater than twelve\\nmonths shall have four equal disbursements. The disbursement schedule\\nfor such loans or payments shall be as follows: one-quarter of the\\ntuition amount released initially, the second disbursement shall be\\nreleased one quarter of the way through the length of the training; the\\nthird disbursement shall be released halfway through the length of the\\ntraining, and the remainder shall be released three-quarters of the way\\nthrough the training.\\n (3) No school may enter into any contract or agreement with or receive\\nany students loan or financial aid funds from private entities,\\nincluding, but not limited to, banks, financing companies, and any other\\nprivate lending sources unless the private entity has a disbursement\\npolicy that, at a minimum, meets the requirements of subparagraph two of\\nthis paragraph.\\n (4) The term private entity referenced in subparagraphs two and three\\nof this paragraph shall not be construed to include a friend or family\\nmember of the student who is not in the routine business of providing\\nstudent loans or financial aid funds. The provision of such a loan or\\nfund by a private entity shall also not include the payment of the\\nstudent's tuition or fees by use of a credit card.\\n c. Notwithstanding any other provisions of this article to the\\ncontrary, the commissioner shall define alternative educational and\\ncurriculum standards for any program of less than forty hours designed\\nexclusively for non-occupational, personal enrichment purposes.\\n d. Admission of students under the ability to benefit provision.\\n (1) Certification. Each school admitting students who do not possess\\nat least a high school diploma or its equivalent shall certify to the\\nsatisfaction of the commissioner that such prospective students have\\nbeen administered and passed an examination which has been approved by\\nthe commissioner to determine their ability to benefit from the chosen\\ncurriculum prior to admission to the curriculum or course of study. Such\\nexamination shall, whenever possible, be a nationally recognized test\\nappropriate for the course of instruction which has been approved by the\\ncommissioner. The examination results of each such student who is\\nadmitted shall be made available to the commissioner at a time\\nprescribed by the commissioner and, together with the student's original\\nanswer sheet, shall be maintained by the school in the student's\\npermanent record. For any student failing to achieve the necessary score\\non such examination for enrollment, the school shall be required to\\nprovide such student with a listing of appropriate counseling and\\neducational opportunities available to the student at no cost, as\\ndetermined by the commissioner. Where appropriate, the commissioner may\\naccept such other entrance requirement documentation such as\\nprerequisite coursework, professional or vendor certifications, personal\\ninterviews, and/or attestations of equivalent knowledge in lieu of the\\nexamination requirement.\\n (2) Counseling. Each school offering curricula which admit students\\nwho do not possess a high school diploma or its equivalent shall develop\\na plan to be approved by the commissioner for the counseling of such\\nstudents on an individual basis on matters including but not limited to\\nthe student's ability to progress in the curriculum, the student's\\nfinancial aid rights and responsibilities, the availability of programs\\nto earn a high school equivalency diploma, including programs provided\\nat no cost to the student, and the potential of the training to prepare\\nthe student for available employment opportunities within the region.\\n (3) Compliance. (A) The commissioner shall monitor compliance with\\nthis paragraph and verify the examination and counseling process and\\nstudent examination scores. Such procedures may include but not be\\nlimited to an annual, statistically significant, random sampling of the\\nexaminations taken by prospective students of each school administering\\nsuch examinations.\\n (B) In the event that the commissioner determines that the school is\\nout of compliance with the examination process and counseling, the\\ncommissioner shall require that examinations and counseling for students\\nadmitted under the ability to benefit provision and the counseling\\nrequired by subparagraph two of this paragraph be conducted off the\\npremises of the school by an entity approved by the commissioner for\\nsuch period of time as the commissioner deems appropriate, the cost of\\nwhich shall be incurred by the school.\\n 2. Inspections. a. Every school licensed pursuant to this article\\nshall maintain adequate and accurate records for a period of not less\\nthan seven years at its principal place of business within this state.\\nSuch records shall be maintained in a manner and form prescribed by the\\ncommissioner and shall be made available to the department and the\\nhigher education services corporation upon request.\\n b. In addition to other requirements in this article, the information\\nto be made a part of the record shall include, but not be limited to:\\n (1) names and addresses of each enrolled student;\\n (2) the course of study offered by the institution;\\n (3) the name and address of its faculty, together with a record of the\\neducational qualifications of each;\\n (4) the graduation date of each student; and\\n (5) for each student who fails to complete his or her program, the\\nstudent's last date of attendance and, if applicable, the amount of any\\nrefund paid to, or on behalf of, the student and the date the refund was\\nmade.\\n c. The commissioner shall conduct periodic unscheduled inspections of\\nlicensed private career schools to monitor compliance with the\\nprovisions of this article or the rules or regulations promulgated\\nthereunder or any final order or decision of the commissioner made\\npursuant to this article. The department shall conduct an inspection of\\neach school at least once every licensure period. All schools shall\\nprovide upon request of the department, any and all records necessary to\\nreview compliance with the provisions of this article.\\n d. Student permanent records, as defined in the regulations of the\\ncommissioner, shall be maintained for a period of twenty years.\\n 3. Tuition liability. a. The tuition charge for programs approved for\\nparticipation in student financial aid general award programs pursuant\\nto articles thirteen and fourteen of this chapter shall be apportioned\\non the basis of terms, quarters or semesters. For the purposes of this\\nsection, the terms \"term\", \"quarter\" and \"semester\" shall be defined in\\nregulations by the commissioner.\\n b. The tuition refund policy for the first term or quarter of any\\nprogram at schools licensed pursuant to section five thousand one of\\nthis article shall be as follows:\\n (1) For programs which are divided into quarters of up to fourteen\\nweeks, the school shall evenly divide the total tuition charges among\\nthe number of quarters. After instruction is begun in a school, if a\\nstudent withdraws or is discontinued, the school may retain no more\\nthan:\\n (i) zero percent of the quarter's tuition if the termination is during\\nthe first week of instruction; or\\n (ii) twenty-five percent of the quarter's tuition if the termination\\nis during the second week of instruction; or\\n (iii) fifty percent of the quarter's tuition if the termination is\\nduring the third week of instruction; or\\n (iv) seventy-five percent of the quarter's tuition if the termination\\nis during the fourth week of instruction; or\\n (v) one hundred percent of the quarter's tuition if the termination\\noccurs after the fourth week of instruction.\\n (2) For programs organized by terms of fifteen, sixteen, seventeen or\\neighteen weeks apiece, the school shall evenly divide the total tuition\\ncharges among the number of terms. After instruction is begun in a\\nschool, if a student withdraws or is discontinued, the school may retain\\nno more than:\\n (i) zero percent of the term's tuition if the termination is during\\nthe first week of instruction; or\\n (ii) twenty percent of the term's tuition if the termination is during\\nthe second week of instruction; or\\n (iii) thirty-five percent of the term's tuition if the termination is\\nduring the third week of instruction; or\\n (iv) fifty percent of the term's tuition if the termination is during\\nthe fourth week of instruction; or\\n (v) seventy percent of the term's tuition if the termination is during\\nthe fifth week of instruction; or\\n (vi) one hundred percent of the term's tuition if the termination\\noccurs after the completion of the fifth week of instruction.\\n c. (1) The tuition refund policy for the second term or quarter of any\\nprogram at schools licensed pursuant to section five thousand one of\\nthis article shall be as follows:\\n (A) For programs which are divided into quarters of up to fourteen\\nweeks, the school shall evenly divide the total tuition charges among\\nthe number of quarters. After instruction is begun in a school, if a\\nstudent withdraws or is discontinued, the school may retain no more\\nthan:\\n (i) twenty-five percent of the quarter's tuition if the termination is\\nduring the first week of instruction; or\\n (ii) fifty percent of the quarter's tuition if the termination is\\nduring the second week of instruction; or\\n (iii) seventy-five percent of the quarter's tuition if the termination\\nis during the third week of instruction; or\\n (iv) one hundred percent of the quarter's tuition if the termination\\noccurs after the third week of instruction.\\n (B) For programs organized by terms of fifteen, sixteen, seventeen or\\neighteen weeks apiece, the school shall evenly divide the total tuition\\ncharges among the number of terms. After instruction is begun in a\\nschool, if a student withdraws or is discontinued, the school may retain\\nno more than:\\n (i) twenty percent of the term's tuition if the termination is during\\nthe first week of instruction; or\\n (ii) thirty-five percent of the term's tuition if the termination is\\nduring the second week of instruction; or\\n (iii) fifty percent of the term's tuition if the termination is during\\nthe third week of instruction; or\\n (iv) seventy percent of the term's tuition if the termination is\\nduring the fourth week of instruction; or\\n (v) one hundred percent of the term's tuition if the termination\\noccurs after the completion of the fourth week of instruction.\\n (2) Notwithstanding the provisions of subparagraph one of this\\nparagraph, the tuition refund policy set forth in paragraph b of this\\nsubdivision shall apply unless the school demonstrates that there are no\\nsignificant educational changes in the educational program of the\\nstudent, such changes as defined in regulations of the commissioner.\\n d. The tuition refund policy for the third and any subsequent term or\\nquarter of any program licensed pursuant to section five thousand one of\\nthis article shall be the policy set forth in subparagraph one of\\nparagraph c of this subdivision.\\n e. No program shall have a term in excess of eighteen weeks.\\n f. The amount of the refund shall be calculated based on the last day\\nof student attendance.\\n g. (1) Any refund due to a student shall be paid by the school within\\nforty-five days of the date on which the student withdraws from the\\nprogram. For the purposes of this article, such date shall be the\\nearliest of (i) the date on which the student gives written notice to\\nthe school or (ii) the date on which the student is deemed to have\\nwithdrawn pursuant to subparagraph two of this paragraph.\\n (2) If a student has failed to attend classes for a period of thirty\\ncalendar days, the school shall send by regular mail a notice to the\\nstudent that the student shall be deemed to have withdrawn from the\\nprogram if the student does not notify the school to the contrary within\\ntwelve days from the date on which the letter is sent. If the student\\nfails to respond within such twelve-day period, the student shall be\\ndeemed to have withdrawn and the school shall notify the higher\\neducation services corporation that the student has withdrawn and the\\ndate of the withdrawal.\\n h. Schools shall submit, for approval by the commissioner, the school\\ncatalog with a weekly tuition liability chart for each program that\\nindicates the amount of refund due the student in the event of\\nwithdrawal.\\n i. Upon payment of a refund to a lender, the school shall forthwith\\nsend a notice to a person designated by the president of the higher\\neducation services corporation upon a form approved by the president\\nthat such refund was made.\\n j. If the higher education services corporation fails to receive the\\nnotice required by paragraph i of this subdivision, it shall forthwith\\nnotify the student of his or her right to a refund and the commissioner\\nof such failure. Upon receipt of such notification, the commissioner\\nshall take appropriate action against the school.\\n 4. Curriculum approval. a. An application and fee shall be made for\\nthe initial approval of a curriculum or course and shall include such\\ninformation as the commissioner may require by regulation. Approval\\nshall be valid for a period not to exceed four years. The application\\nfee for any curriculum of one hundred clock hours or more shall be two\\nhundred fifty dollars. The application fee for any course of less than\\none hundred clock hours shall be one hundred dollars. Such application\\nfees shall accrue to the credit of the proprietary vocational school\\nsupervision account.\\n b. In approving curriculum, the commissioner shall take into\\nconsideration the following:\\n (1) that the entrance requirements demonstrate that students possess\\nthe skills, competencies and prerequisite knowledge needed to progress\\nin the curriculum;\\n (2) that the content will enable the student to develop those skills\\nand competencies required for employment in the occupational area for\\nwhich the curriculum was developed;\\n (3) that the school will utilize appropriate instructional methods;\\n (4) that the instructional equipment used within the curriculum is\\ncomparable to the equipment currently used by business or industry in\\nthe occupational area for which the curriculum was developed; and\\n (5) that a curriculum may include instruction in English as a second\\nlanguage at a beginning or basic level, provided such instruction shall\\nnot constitute more than fifty percent of such program.\\n c. (1) If the evaluation of a particular course or facility requires\\nthe services of an expert not employed by the department, the department\\nshall retain such expert at the school's expense in addition to the\\napplication fees prescribed in paragraph a of this subdivision.\\n (2) If, in the interest of expediting the approvals, a school requests\\nthe department to employ an outside consultant, the school shall pay the\\ncost of such services in addition to the application fees prescribed in\\nparagraph a of this subdivision.\\n d. The commissioner shall act on applications for approval of a course\\nor curriculum within one hundred twenty days of receipt of a complete\\napplication and, in the case of a denial, shall set forth in writing the\\nreasons for such denial.\\n e. Notwithstanding paragraphs b, c and d of this subdivision,\\ncurriculum certified by a nationally recognized vendor as defined in\\ncommissioner's regulations shall be recognized by the department in lieu\\nof an expert evaluation when such curriculum is adopted by a school in\\nthe original format provided by the vendor as long as the proposed\\ncurriculum is a stand alone program and not part of a larger\\ncomprehensive course.\\n f. Notwithstanding any other provision of the law, a not-for-profit\\nlicensed career school, that is eligible for participation in the\\ntuition assistance program and which has national accreditation, may,\\nfor the purpose of calculation of federal financial aid amounts only,\\nmeasure students' academic progress in an approved curriculum in\\nnon-degree granting credit hours, based upon a national accrediting\\nagency's conversion and approval of clock hours to non-degree credit\\nhours. For the purposes of this paragraph, \"national accreditation\"\\nshall mean accreditation by a national accrediting agency as defined in\\nthe commissioner's regulations.\\n 5. Application for reapproval. a. An application and fee shall be made\\nfor reapproval of a curriculum or course. Such application shall be\\nconsidered timely if submitted at least one hundred twenty days prior to\\nthe expiration of the current approval. The application fee for any\\ncurriculum of one hundred clock hours or more shall be two hundred fifty\\ndollars. The application fee for any course of less than one hundred\\nclock hours shall be one hundred dollars, provided that no fee shall be\\nassessed for the submission of a reapproval application without change.\\nSuch application fee shall accrue to the credit of the proprietary\\nvocational school supervision account.\\n b. Curriculum reapproval standards. (1) The commissioner shall pre-\\nscribe by regulation, standards for reapproval after the first year of\\nlicensure, of any curriculum or course based upon factors including but\\nnot limited to the following, as appropriate:\\n (i) for each curriculum or course, the percentage of students who have\\ndropped out;\\n (ii) the acquisition of a specified minimum level of skills by the\\nstudents; and\\n (iii) for each curriculum or course, the percentage of students placed\\nin occupations related to the instruction, where applicable.\\n (2) Such standards shall be consistent with those applied to all\\nnon-degree career education programs.\\n c. Reapproval contingency. Reapproval of a curriculum or course shall\\nbe contingent upon a demonstration by the applicant that the curriculum\\nor course has met the curriculum reapproval standards set forth in this\\nsubdivision. Except as otherwise provided in paragraph d of this\\nsubdivision, no such curriculum or course or substantially similar\\ncurriculum or course may be given without reapproval by the\\ncommissioner.\\n d. When timely and complete application is made for the reapproval of\\na curriculum or course, and no written denial is made thirty days prior\\nto the date of expiration of the existing approval, the curriculum or\\ncourse shall be deemed to be approved for the period of the curriculum.\\nIf the application is denied, the commissioner shall set forth in\\nwriting the reasons for such denial.\\n e. The commissioner may provide in regulations for reapproval\\nprocedures, consistent with this subdivision, for applications submitted\\nless than one hundred twenty days from the expiration date.\\n f. The commissioner shall act upon enrollment agreements and catalogs\\nwithin ninety days of receipt, and, in the case of denial, shall set\\nforth in writing the reasons for such denial. If the commissioner fails\\nto act within ninety days, a catalog shall be deemed approved for one\\nyear and an enrollment agreement shall be deemed approved until the\\ncommissioner acts upon it.\\n 6. a. Teachers and directors. No person shall be employed by a private\\ncareer school as a director or teacher who is not licensed in such\\ncapacity by the department pursuant to regulations of the commissioner,\\nwhich shall take into consideration such factors as moral character,\\neducational qualifications and practical experience. The application\\nshall include a statement, signed by the president or chief executive\\nofficer of the school, certifying that to the best of his or her\\nknowledge, the applicant is able to meet the educational qualifications\\nand practical experience set forth in the commissioner's regulations.\\nSuch application shall be considered timely if mailed to the\\ncommissioner and postmarked four days prior to employment at the school\\nand must be completed within twenty days thereafter; provided, however,\\nthat the commissioner may, for good cause shown, extend the time within\\nwhich to complete the application. When a complete application is made,\\nthe commissioner shall act upon such application within thirty days. If\\nno written denial is made within the thirty days, the application shall\\nbe deemed to be approved until the commissioner acts upon it or until\\nthe end of the term or semester, whichever occurs first. If a written\\ndenial is made after the thirty day period, the commissioner may allow\\nthe applicant to teach at the school for the remainder of the term or\\nsemester if the commissioner determines that the removal of the teacher\\nwould not be in the best educational interest of the students. This\\nsubdivision shall not apply to directors or teachers employed on or\\nbefore July first, nineteen hundred seventy-two. Teachers' licenses\\nissued on or after the effective date of the chapter of the laws of two\\nthousand twelve which amended this paragraph shall be valid at all\\nlicensed private career schools for the courses, curricula, or\\noccupations indicated on the license. Teachers holding valid private\\nschool teacher licenses valid at only one school location shall have\\nthem replaced, at no cost, with licenses valid at any licensed school in\\nthe same subject or subjects and with the same expiration date as was\\nlisted on the previous teaching license.\\n b. A school director shall have access to all student and school\\nrecords which shall be maintained in accordance with this article and\\nthe regulations of the commissioner and shall make such records\\navailable to the commissioner or the commissioner's designee upon\\nrequest during an on-site school inspection.\\n c. Notwithstanding paragraph a of this subdivision, a teacher who has\\nbeen certified as an instructor by a nationally recognized vendor as\\ndefined in commissioner's regulations may be deemed qualified as an\\ninstructor by the department, provided such teacher shall only provide\\ninstruction in the course or courses for which he or she holds vendor's\\ncertification. A teacher authorized by this paragraph will be subject to\\nall licensing fees required by the department for licensed teachers.\\n 7. Advertising. a. The commissioner is authorized to commence a\\ndisciplinary proceeding pursuant to this article for false, misleading,\\ndeceptive or fraudulent advertising pursuant to regulations promulgated\\nby the commissioner which shall be consistent with article twenty-two-A\\nof the general business law. The department shall issue guidelines as to\\nappropriate advertising content. In developing such guidelines, the\\ndepartment shall consider advertising for similar programs offered by\\nvarious educational institutions. In a disciplinary action or other\\nproceeding, such guidelines shall not be presumptive evidence that\\nparticular advertising is appropriate.\\n b. Beginning on January first, two thousand, all schools shall include\\nin their advertising, promotional material, or letterhead the statement\\n\"Licensed by the State of New York\", and an accompanying symbol to\\nindicate such status, issued by the commissioner pursuant to section\\nfive thousand nine of this article.\\n 8. The higher education services corporation shall adopt rules and\\nregulations to effectuate the cessation of collection activities by\\nlenders or by the corporation in cases in which a licensed private\\ncareer school at which the student enrolled has closed or ceased its\\nteaching activities during the academic period for which the loan was\\nmade or guaranteed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5003", "title" : "Disciplinary actions, hearings and penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-06" ], "docLevelId" : "5003", "activeDate" : "2014-09-22", "sequenceNo" : 1386, "repealedDate" : null, "fromSection" : "5003", "toSection" : "5003", "text" : " § 5003. Disciplinary actions, hearings and penalties. 1. Disciplinary\\naction. a. The commissioner for good cause, after affording a school an\\nopportunity for a hearing, may take disciplinary action as hereinafter\\nprovided against any school authorized to operate under this article.\\n b. Good cause shall include, but not be limited to, any of the\\nfollowing:\\n (1) fraudulent statements or representations to the department, the\\npublic or any student in connection with any activity of the school;\\n (2) violation of any provision of this article or regulation of the\\ncommissioner;\\n (3) conviction or a plea of no contest on the part of any owner,\\noperator, director or teacher:\\n (A) of any of the following felonies defined in the penal law: bribery\\ninvolving public servants; commercial bribery; perjury in the second\\ndegree; rewarding official misconduct; larceny, in connection with the\\nprovision of services or involving the theft of governmental funds;\\noffering a false instrument for filing, falsifying business records;\\ntampering with public records; criminal usury; scheme to defraud; or\\ndefrauding the government; or\\n (B) in any other jurisdiction of an offense which is substantially\\nsimilar to any of the felonies defined in clause (A) of this\\nsubparagraph and for which a sentence to a term of imprisonment in\\nexcess of one year was authorized and is authorized in this state\\nregardless of whether such sentence was imposed; or\\n (4) incompetence of any owner or operator to operate a school.\\n c. (1) Any person who believes he or she has been aggrieved by a\\nviolation of this section, except a person aggrieved by the actions or\\nomissions of a candidate school, shall have the right to file a written\\ncomplaint within: (A) two years of the alleged violation; or (B) one\\nyear of receiving notification from the higher education services\\ncorporation or any other guarantee agency that the student has defaulted\\non a student loan payment; provided, however, that no complaint may be\\nfiled after three years from the date of the alleged violation. The\\ncommissioner shall maintain a written record of each complaint that is\\nmade. The commissioner shall also send to the complainant a form\\nacknowledging the complaint and requesting further information if\\nnecessary and shall advise the director of the school that a complaint\\nhas been made and, where appropriate the nature of the complaint.\\n (2) The commissioner shall within twenty days of receipt of such\\nwritten complaint commence an investigation of the alleged violation and\\nshall within ninety days of the receipt of such written complaint, issue\\na written finding. The commissioner shall furnish such findings to the\\nperson who filed the complaint and to the chief operating officer of the\\nschool cited in the complaint. If the commissioner finds that there has\\nbeen a violation of this section, the commissioner shall take\\nappropriate action.\\n (3) The commissioner may initiate an investigation without a\\ncomplaint.\\n (4) Notwithstanding the provisions of subparagraph one of this\\nparagraph or any other provision of this article to the contrary, a\\nstudent at a candidate school shall have the right to file a written\\ncomplaint from an alleged violation of the provisions of clause three of\\nsubparagraph (iv) of paragraph b of subdivision four of section five\\nthousand one of this article that require disclosure of candidacy status\\nand its implications and a signed attestation by the student, within two\\nyears of such violation. Upon a finding that such a violation has\\noccurred, the candidate school shall be required to provide a refund of\\nall monies and fees received from or on behalf of the student.\\nAppropriate action shall also be taken against the candidate school\\npursuant to the provisions of subparagraph (iv) of paragraph b of\\nsubdivision four of section five thousand one of this article.\\n 2. Hearing procedures. a. Upon a finding that there is good cause to\\nbelieve that a candidate school under the provisions of subparagraph\\n(iv) of paragraph b of subdivision four of section five thousand one of\\nthis article, or a licensed school, or an officer, agent, employee,\\npartner or teacher, has committed a violation of this article, the\\ncommissioner shall initiate proceedings by serving a notice of hearing\\nupon each and every such party subject to the administrative action. The\\nschool or such party shall be given reasonable notice of hearing,\\nincluding the time, place, and nature of the hearing and a statement\\nsufficiently particular to give notice of the transactions or\\noccurrences intended to be proved, the material elements of each cause\\nof action and the civil penalties and/or administrative sanctions\\nsought.\\n b. Opportunity shall be afforded to the party to respond and present\\nevidence and argument on the issues involved in the hearing including\\nthe right of cross examination. In a hearing, the school or such party\\nshall be accorded the right to have its representative appear in person\\nor by or with counsel or other representative. Disposition may be made\\nin any hearing by stipulation, agreed settlement, consent order, default\\nor other informal method.\\n c. (1) The commissioner shall designate an impartial hearing officer\\nto conduct the hearing, who shall be empowered to:\\n (A) administer oaths and affirmations; and\\n (B) regulate the course of the hearings, set the time and place for\\ncontinued hearings, and fix the time for filing of briefs and other\\ndocuments; and\\n (C) direct the school or such party to appear and confer to consider\\nthe simplification of the issues by consent; and\\n (D) grant a request for an adjournment of the hearing only upon good\\ncause shown.\\n (2) The strict legal rules of evidence shall not apply, but the\\ndecision shall be supported by substantial evidence in the record.\\n 3. Decision after hearing. The hearing officer shall make written\\nfindings of fact and conclusions of law, and shall also recommend in\\nwriting to the commissioner a final decision including penalties. The\\nhearing officer shall mail a copy of his or her findings of fact,\\nconclusions of law and recommended penalty to the party and his or her\\nattorney, or representative. The commissioner shall make the final\\ndecision, which shall be based exclusively on evidence and other\\nmaterials introduced at the hearing. If it is determined that a party\\nhas committed a violation, the commissioner shall issue a final order\\nand shall impose penalties in accordance with this section. The\\ncommissioner shall send by certified mail, return receipt requested, a\\ncopy of the final order to the party and his or her attorney, or\\nrepresentative. The commissioner shall, at the request of the school or\\nsuch party, furnish a copy of the transcript or any part thereof upon\\npayment of the cost thereof.\\n 4. Judicial review. Any order imposed under this section shall be\\nsubject to judicial review under article seventy-eight of the civil\\npractice law and rules, but no such determination shall be stayed or\\nenjoined except upon application to the court after notice to the\\ncommissioner.\\n 5. Enforcement proceedings. The attorney general, in his or her own\\ncapacity, or at the request of the commissioner, may bring an\\nappropriate action or proceeding in any court of competent jurisdiction\\nto recover a fine or otherwise enforce any provision of this article.\\n 6. Civil penalties and administrative sanctions. a. A hearing officer\\nmay recommend, and the commissioner may impose, a civil penalty not to\\nexceed three thousand five hundred dollars for any violation of this\\narticle, including a school's failure to offer a course or program as\\napproved by the commissioner. In the case of a second or further\\nviolation committed within five years of the previous violation, the\\nliability shall be a civil penalty not to exceed seven thousand five\\nhundred dollars for each such violation.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\na hearing officer may recommend, and the commissioner may impose a civil\\npenalty not to exceed seventy-five thousand dollars or double the\\ndocumented amount from which the school benefited, whichever is greater,\\nfor any of the following violations: (1) operation of a school without a\\nlicense in violation of section five thousand one of this article; (2)\\noperation of a school knowing that the school's license has been\\nsuspended or revoked; (3) use of false, misleading, deceptive or\\nfraudulent advertising; (4) employment of recruiters on the basis of a\\ncommission, bonus or quota, except as authorized by the commissioner;\\n(5) directing or authorizing recruiters to offer guarantees of jobs upon\\ncompletion of a course; (6) failure to make a tuition refund when such\\nfailure is part of a pattern of misconduct; (7) the offering of a course\\nor program that has not been approved by the commissioner; (8) admitting\\nstudents, who subsequently drop out, who were admitted in violation of\\nthe admission standards established by the commissioner, where such\\nadmissions constitute a pattern of misconduct and where the drop out\\nresulted at least in part from such violation; (9) failure to provide\\nthe notice of discontinuance and the plan required by subdivision seven\\nof section five thousand one of this article; or (10) violation of any\\nother provision of this article, or any rule or regulation promulgated\\npursuant thereto, when such violation constitutes part of a pattern of\\nmisconduct which significantly impairs the educational quality of the\\nprogram or programs being offered by the school. For each enumerated\\noffense, a second or further violation committed within five years,\\nshall be subject to a civil penalty not to exceed one and one-half times\\nthe amount of the previous violation for each such violation.\\n c. In addition to the penalties authorized in paragraphs a and b of\\nthis subdivision, a hearing officer may recommend and the commissioner\\nmay impose any of the following administrative sanctions: (1) a cease\\nand desist order; (2) a mandatory direction; (3) a suspension or\\nrevocation of a license; (4) a probation order; or (5) an order of\\nrestitution.\\n d. Penalty factors. In the recommendation of any penalty, a hearing\\nofficer shall, at a minimum, give due consideration, where applicable,\\nto the good faith of the violator and the gravity of the violation.\\n e. The commissioner may suspend a license upon the failure of a school\\nto pay any fee, fine, penalty, settlement or assessment as required by\\nthis article unless such failure is determined by the commissioner to be\\nfor good cause.\\n f. All civil penalties, fines and settlements received after April\\nfirst, nineteen hundred ninety shall accrue to the credit of the tuition\\nreimbursement account established pursuant to section ninety-seven-hh of\\nthe state finance law.\\n 7. Criminal penalties. In addition to any other penalties elsewhere\\nprescribed:\\n a. Any person who knowingly violates any of the provisions of this\\narticle shall be guilty of a class B misdemeanor punishable in\\naccordance with the penal law. If the conviction is for a second offense\\ncommitted within five years of the first conviction under this\\nparagraph, such person shall be guilty of a class A misdemeanor\\npunishable in accordance with the penal law.\\n b. Any person who knowingly (1) falsifies or destroys school or other\\nbusiness records relating to the operation of the school with intent to\\ndefraud; (2) fails to make a tuition refund as required by section five\\nthousand two of this article with the intent to defraud more than one\\nperson; or (3) operates a school without a valid license required by\\nsection five thousand one of this article shall be guilty of a class A\\nmisdemeanor punishable in accordance with the penal law.\\n c. Any person who, having been convicted within the past five years of\\nfailing to make a tuition refund in violation of subparagraph two of\\nparagraph b of this subdivision, knowingly and intentionally engages in\\na scheme constituting a systematic ongoing course of conduct involving\\nthe wrongful withholding of refunds in violation of section five\\nthousand two of this article with the intent to defraud ten or more\\npersons, and so withholds tuition refunds in excess of one thousand\\ndollars, shall be guilty of a class E felony punishable in accordance\\nwith the penal law.\\n d. Upon a determination that there exist reasonable grounds to believe\\nthat a violation of this article has been committed, or that any other\\ncrime has been committed in connection with the operation of a school\\nrequired to be licensed pursuant to this article, the commissioner shall\\nrefer such determination, and the information upon which it is based, to\\nthe attorney general or to the appropriate district attorney. The\\nattorney general or a district attorney may bring an action on his or\\nher own initiative.\\n 8. Private right of action. A student injured by a violation of this\\narticle may bring an action against the owner or operator of a licensed\\nprivate career school for actual damages or one hundred dollars,\\nwhichever is greater. A court may, in its discretion, award reasonable\\nattorney's fees to a prevailing plaintiff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5004", "title" : "Private school agent's certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2017-08-18" ], "docLevelId" : "5004", "activeDate" : "2014-09-22", "sequenceNo" : 1387, "repealedDate" : null, "fromSection" : "5004", "toSection" : "5004", "text" : " § 5004. Private school agent's certificate. 1. a. No party may, for a\\nconsideration or remuneration procure, solicit or enroll any student for\\ninstruction in or given by any school within or without the state of New\\nYork, unless (i) the party is a salaried employee of the school and (ii)\\nthe party shall have secured a private school agent's certificate from\\nthe department pursuant to regulations of the commissioner.\\n b. Upon submission of a complete new application for licensure, an\\napplicant may procure, solicit or enroll any student for instruction;\\nprovided, however, that such applicant be in possession at all times\\nduring the procurement, solicitation or enrollment processes of a\\ntemporary approval certificate which the commissioner shall issue within\\nfive days of receipt by mail or on the same day at designated offices. A\\nschool shall submit such application for licensure on or before the\\nfirst day of employment of such individual.\\n c. No consideration or remuneration shall be paid in the form of a fee\\nper student enrolled by a private school agent except pursuant to the\\nfollowing limitations:\\n (1) a school may pay twenty-five percent of the consideration or\\nremuneration after the student has completed three weeks of the program;\\n (2) a school may pay the remainder of the consideration or\\nremuneration after the student has completed eight weeks of the program;\\n (3) the total amount of the consideration or remuneration paid per\\nstudent may not exceed one percent of the annual salary paid to the\\nagent.\\n d. In promulgating regulations in relation to the issuance of such\\ncertificates and the conduct of the holders of such certificates, the\\ncommissioner shall give consideration to:\\n (1) good moral character of the candidate for such certificate;\\n (2) the use of ethical and fair practices in the presentation of the\\nschool's offerings; and\\n (3) whether the prospective agent has within five years of the date of\\nthe application violated any provision of this article or the\\nregulations of the commissioner adopted pursuant to this article.\\n 2. Instruction, as contemplated by this section, shall be any plan or\\nmethod for teaching any subject or subjects in any form or manner,\\nincluding correspondence or home study.\\n 3. Exempted from the requirements of this section are persons acting\\nsolely for schools which are not required to be licensed or are\\nspecifically exempted from the licensing requirements of this article.\\nPersons who are paid to procure, solicit or enroll students on the\\npremises of schools required to be licensed shall not be exempt from the\\nprovisions of this section.\\n 4. Application and renewal application for a private school agent's\\ncertificate shall be filed on forms to be prescribed and provided by the\\ncommissioner. Said certificate shall be valid for three years from the\\ndate of issuance. Certificates which have been renewed shall be valid\\nfor a period of three years from the expiration date of the certificate\\nwhich has been renewed. Every applicant and renewal applicant shall pay\\nto the department a fee of two hundred dollars.\\n 4-a. Notwithstanding the provisions of subdivision four of this\\nsection, the school director may apply for a private school agent's\\ncertificate on forms to be prescribed and provided by the commissioner\\nwithout incurring the agent application fee.\\n 5. No recovery shall be had against any student or enrollee and full\\nrecovery shall be made on any contract for or in connection with any\\ninstruction if the student or enrollee was procured, solicited or\\nenrolled outside or on the school premises by a person paid to procure,\\nsolicit or enroll students but not having a valid private school agent's\\ncertificate pursuant to the provisions of this section at the time that\\nthe contract was negotiated or executed or the sale of the instruction\\nwas made, or by a person who holds such a certificate but has made\\nfraudulent or improper claims. Each enrollment agreement shall include,\\nwhere applicable the name of the agent responsible for procuring,\\nsoliciting or enrolling the student or enrollee.\\n 6. The issuance of such a private school agent's certificate shall not\\nbe deemed to constitute approval of any course or of the person or\\ninstitution offering, conducting or administering the same.\\n 7. The commissioner, after giving to the certificate holder due notice\\nand opportunity to be heard, may fine a private school agent, suspend or\\nrevoke a private school agent's certificate at any time for failure to\\ncomply with the provisions of the law or the regulations of the\\ncommissioner or for any other good cause.\\n 8. No employer of a private school agent other than a school may\\nindemnify, save harmless or otherwise reimburse any agent for the amount\\nof any fines imposed pursuant to this section. If a person fined\\npursuant to this section can demonstrate to the satisfaction of the\\ncommissioner that the action for which the fine was imposed was\\nundertaken pursuant to explicit instructions from the employer, the\\nemployer shall idemnify, save harmless, and reimburse that person for\\nthe fine and shall pay to the commissioner an additional fine of an\\nequal amount.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5005", "title" : "Disclosure to students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5005", "activeDate" : "2014-09-22", "sequenceNo" : 1388, "repealedDate" : null, "fromSection" : "5005", "toSection" : "5005", "text" : " § 5005. Disclosure to students. The school shall disseminate to all\\nprospective and enrolled students through an enrollment contract or\\nagreement or other appropriate publications or documents, and in\\nappropriate languages as required by the commissioner in regulation:\\n a. information concerning the school, including but not limited to:\\n (1) a description of the courses offered;\\n (2) program objectives and the length of the program;\\n (3) a schedule of tuition payments, fees and all other charges and\\nexpenses necessary for completion of the course or program;\\n (4) the tuition refund and contract cancellation policies;\\n (5) a description of the faculty and other instructional personnel and\\ntheir qualifications;\\n (6) the names of associates, agencies or governmental bodies which\\naccredit, approve or license the school;\\n (7) a description of any special facilities and services available to\\nhandicapped students; and\\n (8) any other items identified by the commissioner in regulation\\nfollowing consultation with the advisory council;\\n b. if the school advertises job placement rates as means of attracting\\nstudents to enroll in the school, the most recent available data on\\nemployment and graduation statistics for students who have attended that\\nschool;\\n c. information concerning any student financial assistance, including\\na description of the procedures and forms, student eligibility\\nrequirements and the rights and responsibilities of students receiving\\nfinancial aid;\\n d. the pass rate of graduates of the program for the most recent\\ncalendar year on any licensure or certification examination required by\\nthe state for employment in the particular vocational, trade, or career\\nfield;\\n e. the process for obtaining a tuition refund from the tuition\\nreimbursement fund and the availability of loan forgiveness in the event\\nthe school closes while the student is in attendance;\\n f. a sample enrollment contract, a sample cancellation form developed\\nby the department in consultation with the advisory council and a\\ntuition reimbursement fund claim form; and\\n g. a description of the complaint procedures established pursuant to\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5006", "title" : "Teachout plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5006", "activeDate" : "2014-09-22", "sequenceNo" : 1389, "repealedDate" : null, "fromSection" : "5006", "toSection" : "5006", "text" : " § 5006. Teachout plans. 1. A school may submit a teachout plan to the\\ncommissioner for approval pursuant to regulations established by the\\ncommissioner. A teachout plan shall consist of a contract between a\\nlicensed private career school, with another school, hereinafter called\\nthe teachout school, so that in the event that the licensed private\\ncareer school ceases instruction, the teachout school will provide the\\nnecessary instruction specified in a student's original enrollment\\nagreement with the school ceasing instruction. A teachout plan may\\nemploy more than one teachout school to provide instruction to students\\nin the school ceasing instruction. Schools under common ownership but\\nhaving separate licenses may, subject to the approval of the\\ncommissioner, enter into teachout agreements. A teachout plan may be\\ncontracted between the commissioner and one or more teachout schools in\\nthe event that the closing school is unable or unwilling to do so.\\n 2. A teachout plan shall include the following provisions: (a) the\\nteachout school must offer courses of study that are substantially\\nsimilar to those offered in the school ceasing instruction;\\n (b) teachout schools must be located in the geographic area in which\\nthe school ceasing instruction was located unless the school ceasing\\ninstruction provided distance learning or online training;\\n (c) all provisions for a teachout plan must be included in the\\nenrollment agreement signed by the student; and\\n (d) the teachout school shall agree to fulfill the enrollment\\nagreement signed by the student at the school ceasing instruction.\\n 3. The licensed school shall provide to the teachout school and to the\\ndepartment the following information prior to closure:\\n (a) Copies of the academic and financial records for all students in\\nattendance at the school at the projected time of closure;\\n (b) A listing of all such students presently in attendance including\\ntheir names, addresses, social security numbers, curriculum that each\\nstudent is enrolled in and the number of hours the students will have\\ncompleted at the time of the school closure.\\n 4. The department will provide to the teachout school, immediately\\nupon notification of a school closing, a copy of each approved\\ncurriculum that the closing school is presently offering.\\n 5. The commissioner shall require all teachout schools to address the\\nfollowing issues:\\n (a) Integration of students into a curriculum which may be different\\nfrom the curriculum in which they are currently receiving instruction;\\n (b) Assessments of students' progress so that they may be placed into\\nan appropriate course;\\n (c) Provision of remedial instruction to students who are found to be\\ndeficient in one or more course areas upon their initial assessment;\\n (d) Provision by the teachout school to adhere to the required\\nstudent/teacher ratios and room capacities; and\\n (e) Compliance with statutory and regulatory requirements during the\\nteachout.\\n 6. The student shall not be subject to any costs beyond the total\\ncosts identified in the original enrollment agreement.\\n 7. A student may decline to pursue instruction at the teachout school\\nand may instead seek a refund pursuant to section five thousand seven of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5007", "title" : "Tuition reimbursement account", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-02", "2017-08-18" ], "docLevelId" : "5007", "activeDate" : "2014-09-22", "sequenceNo" : 1390, "repealedDate" : null, "fromSection" : "5007", "toSection" : "5007", "text" : " § 5007. Tuition reimbursement account. 1. Except as otherwise provided\\nin subdivision six of this section, the portion of the annual assessment\\nof schools licensed pursuant to section five thousand one of this\\narticle as prescribed in subdivision nine of such section and all fines,\\npenalties and settlements received pursuant to this article shall be\\ntransferred upon receipt into the tuition reimbursement account.\\n 3. a. The commissioner shall develop a complaint form and provide such\\nform to students. In order to claim a refund, a student shall apply to\\nthe fund with a complaint form pursuant to the requirements of section\\nfive thousand three of this article. Except as otherwise provided in\\nthis article, the commissioner shall compute the refund, if any, using\\nthe refund formula established by subdivision three of section five\\nthousand two of this article.\\n b. Claimants who had been enrolled in schools which have not closed or\\nceased operation shall be required to show in a manner determined by the\\ncommissioner that:\\n (1) the student is eligible for a refund;\\n (2) the student has made a request to the school for a refund; and\\n (3) the school has failed to make the refund within the time period\\nrequired by this article.\\n c. The commissioner shall act on each refund request within thirty\\nbusiness days of such request.\\n 4. Students may be eligible for refunds under this section as follows:\\n a. A student who is offered a teachout plan for the curriculum in\\nwhich the student was enrolled at the time the school closed or ceased\\noperation, which has been approved by the department, may elect to\\ncontinue instruction pursuant to the teachout plan or may decline to\\ncontinue instruction and may instead apply for a full refund under this\\nsection. The option to apply for a refund shall extend to the end of the\\nfirst week of instruction at the teachout school.\\n b. A student who was enrolled in a school which has not closed or\\nceased operation is entitled to a refund computed in accordance with the\\nrefund policy established by subdivision three of section five thousand\\ntwo of this article.\\n c. A student who was enrolled in a school at the time the school\\ncloses or ceases operation is entitled to a refund of the full amount of\\nprepaid tuition. In addition, commencing September first, nineteen\\nhundred ninety-three, a student who drops out of a school, where such\\nschool closes within thirty days of the student's termination and prior\\nto completion of such student's program as specified in the enrollment\\nagreement, shall be entitled to a full refund of all tuition, fees and\\nbook charges paid for by or on behalf of the student in cash or in\\nloans, excluding funding provided by any government agencies.\\n d. A student who was enrolled in a school which has not closed or\\nceased operation, and who has dropped out, is entitled to a full refund\\nof all tuition, fees and other required costs paid by the student if the\\nstudent has submitted a complaint form to the commissioner and the\\ncommissioner has determined that a violation of this article has\\noccurred which warrants a refund. The commissioner shall promulgate\\nregulations identifying those violations that warrant a refund.\\n e. Commencing September first, nineteen hundred ninety-three, a\\nstudent who drops out of a school, which subsequently closes, and who is\\nowed a refund for the failure of such school to follow the provisions\\nenumerated in subdivision three of section five thousand two of this\\narticle shall be eligible for a refund from the tuition reimbursement\\nfund according to the provisions of subdivision three of section five\\nthousand two of this article.\\n f. Commencing September first, nineteen hundred ninety-three, any\\nstudent enrolled in a school based upon an ability to benefit\\nexamination shall be eligible for a full refund, regardless of whether\\nthe student is currently enrolled, graduated or dropped out, if the\\nschool enrolled the student contrary to the provisions of the approved\\nentrance requirements and the student complies with the requirements of\\nsubdivision one of section five thousand three of this article.\\n 5. a. For a student who had been enrolled in a school that has not\\nclosed or ceased operation, the refund shall be paid as follows:\\n (1) guaranteed student loans, if any, in which case the commissioner\\nshall notify the student of such payment and shall be paid directly to\\nthe lender or guarantee agency where appropriate;\\n (2) actual personal tuition expenditures, if any; and\\n (3) tuition assistance program awards and other governmental aid.\\n b. For schools that have closed or ceased operation, the commissioner\\nshall refund actual personal tuition, fees and book expenditures to the\\nstudent. The repayment of any loans incurred by the student as part of\\nthe actual personal tuition, fees and book expenditures shall be paid\\ndirectly to the lender or the guarantee agency where appropriate.\\n 6. a. Where a claim is paid to a student of an operating school, the\\ncommissioner shall immediately notify the school.\\n b. Within ten days of the receipt of the notice, the school shall\\neither request a hearing to challenge the commissioner's determination\\nthat a refund was owed to the student or reimburse the fund the amount\\npaid to the claimant plus a penalty up to two times such amount. This\\npayment shall also incur interest for each day it remains unpaid at an\\nannual interest rate of one percent above the prime rate. The\\ncommissioner may promulgate streamlined procedures for conducting\\nhearings pursuant to this paragraph. Any penalty assessed under this\\nparagraph shall be in addition to any other penalties assessed pursuant\\nto this article. Notwithstanding any other provision of law, penalties\\nand interest paid pursuant to this paragraph shall accrue to the credit\\nof the proprietary vocational school supervision account to support the\\ncosts associated with the hearings authorized in this subdivision.\\n 7. Notwithstanding the notice procedures described in subdivision\\nthree of this section, in the event of a school closing, the\\ncommissioner on his or her own initiative may take appropriate action in\\naccordance with this section to process refund claims on behalf of all\\nof the students of the closed school.\\n 8. Assignment of rights. Persons and entities receiving refunds under\\nthis section shall be deemed to have assigned or subrogated their\\ntuition reimbursement rights to the commissioner on behalf of the\\ntuition reimbursement fund only for the amount refunded by the tuition\\nreimbursement fund. Within ninety days of any refund made pursuant to\\nthis section, the commissioner or the attorney general shall take\\nappropriate action to recover the total amount of the refunds made, plus\\nadministrative costs, from the school.\\n 9. a. A student whose loan liability is exempted pursuant to former\\nsection six hundred eighty-three of this chapter and is entitled to or\\nowed a refund shall transfer to the higher education services\\ncorporation the right to claim the refund owed and due from the tuition\\nreimbursement fund. In such event, the corporation shall be entitled to\\nreceive a refund for that portion of the claim not paid to the\\ncorporation by the United States Secretary of Education pursuant to the\\nfederal guaranteed loan program.\\n b. Any amounts remaining in the tuition reimbursement fund as of June\\nfirst, nineteen hundred ninety-three and on every March thirty-first\\nthereafter, shall be made available to the higher education services\\ncorporation for payment of student loans on which collection activity\\nhas ceased pursuant to the provisions of subdivision six of former\\nsection six hundred eighty-three of this chapter. No amounts shall be\\npaid to the higher education services corporation for loans on which\\ncollection activity has ceased because of the operation of section 437\\nof the Higher Education Act of 1965, as amended.\\n 10. Management of the tuition reimbursement account. a. As used in\\nthis subdivision, net balance is defined as the actual cash balance of\\nthe account as determined by the commissioner on June thirtieth,\\nnineteen hundred ninety-three and every three months thereafter. For the\\npurpose of calculating the net balance, the commissioner shall not take\\ninto consideration any refunds made from the account pursuant to\\nparagraphs d and f of subdivision four of this section for the year\\nimmediately preceding the date on which the calculation is made.\\n b. In the event that the account has accumulated a net balance in\\nexcess of one million eight hundred thousand dollars, the commissioner\\nshall, with the approval of the director of the budget, waive an amount\\nnot to exceed the amount due for the next quarterly assessment pursuant\\nto this section and subdivision nine of section five thousand one of\\nthis article for schools which have paid sixteen quarters or more of\\nassessments only. In such event, payment of future quarterly assessments\\nshall be suspended for schools which have paid sixteen quarters or more\\nof assessments until the net balance of the account falls below one\\nmillion three hundred thousand dollars.\\n c. In the event the net balance of the account falls below one million\\nthree hundred thousand dollars, if the quarterly assessment has been\\nsuspended for schools which have paid sixteen quarters or more of\\nassessments pursuant to paragraph b of this subdivision, it shall be\\nreinstated for the next quarterly assessment and all subsequent\\nquarterly assessments until the account has accumulated a net balance in\\nexcess of one million eight hundred thousand dollars.\\n d. Notwithstanding the provisions of paragraph b of this subdivision,\\nin the event that the balance of the account is in excess of one million\\nthree hundred thousand dollars, all schools licensed after June\\nthirtieth, nineteen hundred ninety-nine shall be required to pay into\\nthe account the equivalence of three years of annual assessments over a\\nfive year period.\\n e. Notwithstanding the provisions of paragraph b of this subdivision\\nall schools licensed after June thirtieth, nineteen hundred ninety-three\\nand before July first, nineteen hundred ninety-nine will be required to\\npay into the account the equivalence of three years of annual\\nassessments within four years of the effective date of this paragraph.\\nThis amount to be assessed shall be determined based upon the school's\\ngross tuition in its first three years of licensure.\\n * g. In the event that the balance of the tuition reimbursement\\naccount is equal to or in excess of two million dollars, the amounts\\nassessed the schools in accordance with the provisions of paragraphs d\\nand e of this subdivision shall be deposited directly to the proprietary\\nvocational school supervision account.\\n * NB Repealed December 1, 2015\\n h. The commissioner may annually apportion from the account an amount\\nup to two hundred thousand dollars for the purpose of securing, scanning\\nand otherwise making student records from closed schools available to\\nstudents who attended such schools. Provided, however, that in no case\\nshall such apportionment cause the account to fall below the balance set\\nforth in paragraph c of this subdivision, nor shall such apportionment\\ncause schools whose quarterly assessments have been suspended to pay\\nadditional quarterly assessments.\\n 11. Fund audit. The state comptroller shall audit or cause to be\\naudited the tuition reimbursement fund once every two years and produce\\nan audited financial statement according to generally accepted\\naccounting principles.\\n 12. New schools. Within the first year that a school begins licensed\\noperation, the commissioner shall assess such school an amount to be\\ndeposited into the fund in an amount to be determined by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5008", "title" : "Trust accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5008", "activeDate" : "2014-09-22", "sequenceNo" : 1391, "repealedDate" : null, "fromSection" : "5008", "toSection" : "5008", "text" : " § 5008. Trust accounts. 1. If the commissioner determines that a\\nschool has demonstrated a pattern or practice of failing to make tuition\\nrefunds in a timely manner consistent with this article and/or the\\nschool's financial condition may result in the interruption or cessation\\nof instruction or jeopardize student tuition funds, the commissioner\\nshall require a school to establish a trust account in a form or manner\\nwhich the commissioner shall determine to be appropriate. The assets or\\nfunds contained in the trust account shall be maintained for the sole\\nand exclusive benefit of the students.\\n 2. In making this determination, the commissioner shall consider the\\nfollowing factors: the number of refunds not paid by the school in a\\ntimely manner; the number of claims made to, or paid by, the tuition\\nreimbursement account; a pattern of misconduct which substantially\\naffects the financial interests of students or the state, potential\\nliability to the tuition reimbursement account, current assets as\\nopposed to current liabilities, and such other measures as may be\\nappropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5009", "title" : "Duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5009", "activeDate" : "2014-09-22", "sequenceNo" : 1392, "repealedDate" : null, "fromSection" : "5009", "toSection" : "5009", "text" : " § 5009. Duties of the commissioner. In addition to all other duties\\nassigned in this article, the duties of the commissioner shall include,\\nbut not be limited to:\\n 1. ensuring that up-to-date, accurate information is available to the\\npublic, via the internet and other appropriate media, regarding every\\nduly licensed proprietary school in this state, as well as disciplinary\\nactions decided by the state.\\n 2. developing and issuing to duly licensed proprietary schools a\\nsymbol to indicate such status; provided that such symbol shall be\\ndeveloped and made available to such schools no later than September\\nthirtieth, nineteen hundred ninety-nine.\\n 3. administering a public information campaign aimed at increasing\\nawareness about the importance of attending licensed proprietary\\nvocational schools. Such campaign shall be targeted to populations at\\nrisk of enrolling in unlicensed schools, and shall be conducted using\\nmeans including, but not limited to, public service announcements on\\ncommercial radio and television stations, public access television, and\\nprint media.\\n 4. providing for the orderly maintenance of any student records which\\nmay be transferred to the department pursuant to any school's plan\\ndeveloped pursuant to subdivision eight of section five thousand one of\\nthis article; including responding to student requests for transcripts\\nand records within twenty days of receiving a request. The commissioner\\nis hereby authorized to impose an appropriate fee for such transcripts\\npursuant to a schedule approved by the director of the budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5010", "title" : "Advisory council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5010", "activeDate" : "2014-09-22", "sequenceNo" : 1393, "repealedDate" : null, "fromSection" : "5010", "toSection" : "5010", "text" : " § 5010. Advisory council. 1. An advisory council for licensed private\\ncareer schools is hereby created for the purpose of advising the board\\nof regents and the commissioner as provided herein. The council shall be\\ncomposed of eleven members appointed by the governor, two of whom shall\\nbe upon the recommendation of the temporary president of the senate, two\\nof whom shall be upon the recommendation of the speaker of the assembly,\\none of whom shall be upon the recommendation of the minority leader of\\nthe senate and one of whom shall be upon the recommendation of the\\nminority leader of the assembly. Of the five remaining members, one\\nshall be an owner or director of a school regulated pursuant to this\\narticle, and one shall be a student advocate. The governor shall\\ndesignate a chairperson from such members. The commissioner, the\\npresident of the higher education services corporation, the secretary of\\nstate, the comptroller, the director of the division of the budget, and\\nthe executive director of the job training partnership council, or their\\ndesignees, shall serve as ex-officio, non-voting members of the council.\\n 2. The council shall meet no less than four times a year. Members of\\nthe council shall receive no compensation for their services but shall\\nbe reimbursed for reasonable expenses actually and necessarily incurred\\nby them in the performance of their duties. Council member terms of\\noffice shall be limited to three years, provided that members may be\\nreappointed. All appointments to the council to fill vacancies in\\nexistence on the effective date of the chapter of the laws of two\\nthousand twelve which amended this subdivision shall be made within\\nninety days of such effective date.\\n 3. The council shall advise the commissioner on such matters as the\\ncouncil determines are appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A103", "title" : "Workplace Literacy Programs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "103", "activeDate" : "2014-09-22", "sequenceNo" : 1394, "repealedDate" : null, "fromSection" : "5100", "toSection" : "5102", "text" : " ARTICLE 103\\n WORKPLACE LITERACY PROGRAMS\\nSection 5100. Definitions.\\n 5101. Grants.\\n 5102. Regulations.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5100", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5100", "activeDate" : "2014-09-22", "sequenceNo" : 1395, "repealedDate" : null, "fromSection" : "5100", "toSection" : "5100", "text" : " § 5100. Definitions. As used in this article, the following terms\\nshall have the following meanings:\\n 1. \"Eligible agency\" means labor organizations, their federations or\\norganizations of employers acting in consortium with labor\\norganizations, that have been approved by the commissioner, upon\\napplication therefor, to conduct workplace literacy and basic skills\\neducation programs.\\n 2. \"Labor organization\" means organizations of workers established to\\nbargain collectively on behalf of their member workers.\\n 3. \"Workplace literacy and basic skills education\" means those common\\nbranch skills and English-as-a-second-language skills that are directly\\nrelated to the ability to perform occupational tasks.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5101", "title" : "Grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5101", "activeDate" : "2014-09-22", "sequenceNo" : 1396, "repealedDate" : null, "fromSection" : "5101", "toSection" : "5101", "text" : " § 5101. Grants. 1. The commissioner is authorized to make grants to\\neligible agencies that conduct workplace literacy and basic skills\\neducation programs for employees of public or private employers or for\\nmembers of unions whose present levels of literacy skills constitute a\\nbarrier to continued employment or to promotion.\\n 2. No for-profit agency or institution may act as the fiscal agent of\\nany grant receivable under the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5102", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5102", "activeDate" : "2014-09-22", "sequenceNo" : 1397, "repealedDate" : null, "fromSection" : "5102", "toSection" : "5102", "text" : " § 5102. Regulations. The commissioner shall promulgate regulations to\\ncarry out the provisions of this article. Such regulations shall, among\\nother things, specify the programs, services, or functions that are\\neligible for funding under this article, including, but not limited to,\\ninstruction, administration, counseling, support services, and\\ncurriculum development.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A105", "title" : "Research Institute On Addictions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "105", "activeDate" : "2014-09-22", "sequenceNo" : 1398, "repealedDate" : null, "fromSection" : "5200", "toSection" : "5201", "text" : " ARTICLE 105\\n RESEARCH INSTITUTE ON ADDICTIONS\\nSection 5200. Establishment of the research institute on addictions.\\n 5201. Functions of institute.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5200", "title" : "Establishment of the research institute on addictions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5200", "activeDate" : "2014-09-22", "sequenceNo" : 1399, "repealedDate" : null, "fromSection" : "5200", "toSection" : "5200", "text" : " § 5200. Establishment of the research institute on addictions. There\\nis hereby established at the university center at Buffalo of the state\\nuniversity of New York the research institute on addictions for research\\nand teaching in the sciences related to addiction, including alcohol\\nabuse and substance abuse, as such terms are defined in section 1.03 of\\nthe mental hygiene law, and chemical dependence, as defined in section\\n19.40 of the mental hygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5201", "title" : "Functions of institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5201", "activeDate" : "2014-09-22", "sequenceNo" : 1400, "repealedDate" : null, "fromSection" : "5201", "toSection" : "5201", "text" : " § 5201. Functions of institute. The research institute on addictions\\nis designated as an institute for the conduct of research and education\\ndirected towards furthering knowledge of the etiology, diagnosis,\\ntreatment and prevention of addictions, including alcoholism, alcohol\\nabuse, substance abuse, substance dependence and chemical dependence.\\nThe university shall foster support and obtain funds for research\\nthereby, or under the direction thereof, or through contract or\\nagreement, relating to primary biochemical and social causes of such\\naddictions, the epidemiology of such addictions and the effectiveness of\\nvarious types of prevention, treatment, and rehabilitation programs and\\napproaches.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T7", "title" : "State and City Colleges and Institutions-cornell University", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-10", "2015-07-17", "2015-07-24" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 1401, "repealedDate" : null, "fromSection" : "5701", "toSection" : "6455", "text" : " TITLE VII\\n STATE AND CITY COLLEGES AND INSTITUTIONS-CORNELL UNIVERSITY\\nArticle 115 Cornell University (§§ 5701-5716).\\n 119 New York State Legislative Institute (§§ 5901-5905).\\n 121 State University of New York College of Environmental\\n Science and Forestry (§§ 6001-6007).\\n 123 The New York State College of Ceramics at Alfred\\n University (§§ 6101-6103).\\n 125 City University of New York (§§ 6201-6234).\\n 125-A Board of Higher Education Optional Retirement Program\\n (§§ 6250-6256).\\n 125-B City University Construction Fund (§§ 6270-6283).\\n 126 Community colleges and state-aided four-year colleges\\n (§§ 6301-6310).\\n 127 Military service (§§ 6350-6354).\\n 129 State aid for certain independent institutions of higher\\n education (§§ 6401-6405).\\n 129-A Regulation by colleges of conduct on campuses and other\\n college property used for educational purposes\\n (§§ 6430-6438).\\n 130 Opportunity for higher education (§§ 6451-6455).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A115", "title" : "Cornell University", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "115", "activeDate" : "2014-09-22", "sequenceNo" : 1402, "repealedDate" : null, "fromSection" : "5701", "toSection" : "5716", "text" : " ARTICLE 115\\n Cornell University\\nSection 5701. Cornell university continued.\\n 5702. Objects and powers of the corporation.\\n 5703. Trustees.\\n 5704. Trustees shall make reports; university subject to\\n visitation of regents; services for state agencies.\\n 5705. Extent to which property may be held.\\n 5706. Restrictions on alienation of property.\\n 5707. Extent of farm and grounds.\\n 5708. Powers to police grounds and regulate traffic thereon.\\n 5709. Special deputy sheriffs; powers and duties.\\n 5711. New York state college of veterinary medicine.\\n 5712. New York state college of agriculture and life sciences.\\n 5713. New York state agricultural experiment station.\\n 5714. New York state college of human ecology.\\n 5715. New York state school of industrial and labor relations.\\n 5716. Acquisition by the state of land and interests in land of\\n Cornell university upon which buildings have heretofore\\n or may hereafter be erected by the state.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5701", "title" : "Cornell university continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5701", "activeDate" : "2014-09-22", "sequenceNo" : 1403, "repealedDate" : null, "fromSection" : "5701", "toSection" : "5701", "text" : " § 5701. Cornell university continued. The corporation known as\\nCornell university, located at Ithaca, is continued with all the rights,\\nand subject to all the liabilities contained in the act of\\nincorporation, being chapter five hundred eighty-five of the laws of\\neighteen hundred sixty-five, as amended.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5702", "title" : "Objects and powers of the corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5702", "activeDate" : "2014-09-22", "sequenceNo" : 1404, "repealedDate" : null, "fromSection" : "5702", "toSection" : "5702", "text" : " § 5702. Objects and powers of the corporation. The leading object of\\nsaid corporation shall be to teach such branches of learning as are\\nrelated to agriculture and the mechanic arts, including military\\ntactics, in order to promote the liberal and practical education of the\\nindustrial classes in the several pursuits and professions of life. But\\nsuch other branches of science and knowledge may be embraced in the plan\\nof instruction and investigation pertaining to the university as the\\ntrustees may deem useful and proper. Said university is authorized to\\nestablish faculties, departments and branches and carry on its work at\\nany places in this state and to confer any and all literary, scientific,\\ntechnical and professional degrees, and in testimony thereof award\\ncertificates and diplomas. Persons of every religious denomination, or\\nof no religious denomination, shall be equally eligible to all offices\\nand appointments.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5703", "title" : "Trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5703", "activeDate" : "2014-09-22", "sequenceNo" : 1405, "repealedDate" : null, "fromSection" : "5703", "toSection" : "5703", "text" : " § 5703. Trustees. 1. Appointment and election. The board of trustees\\nof Cornell university shall be constituted as follows:\\n a. Ex officio trustees. The governor, the temporary president of the\\nsenate, the speaker of the assembly and the president of the university\\nshall be ex officio trustees during their respective terms of office.\\n b. One life trustee. The eldest lineal descendant of Ezra Cornell\\nshall be a trustee for his or her life.\\n c. Appointed trustees. The governor shall appoint, subject to\\nconfirmation by the senate, three trustees, one each year for a term of\\nthree years, commencing on the first day of July.\\n d. Board trustees. Fifty-six trustees shall be selected in such manner\\nand for such terms as the board of trustees may determine. At all times,\\nsuch board trustees shall include at least: two members from each of the\\nfields of agriculture, business and labor in New York state; eight\\ntrustees to be elected from among and by the alumni of the university;\\ntwo trustees to be elected from among and by the faculty of the\\nuniversity at Ithaca and Geneva; two trustees to be elected from among\\nand by the membership of the university's student body at Ithaca; and\\none trustee to be elected from among and by the nonacademic staff and\\nemployees of the university at Ithaca and Geneva.\\n 2. General provisions. a. Notwithstanding the provisions of any other\\ngeneral or specific statute the minimum age for membership on the board\\nof trustees shall be eighteen years.\\n b. The presence of thirty trustees at a meeting duly called in\\naccordance with said university's bylaws shall constitute a quorum for\\nthe transaction of business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5704", "title" : "Trustees shall make reports; university subject to visitation of regents; services for state agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5704", "activeDate" : "2014-09-22", "sequenceNo" : 1406, "repealedDate" : null, "fromSection" : "5704", "toSection" : "5704", "text" : " § 5704. Trustees shall make reports; university subject to visitation\\nof regents; services for state agencies. 1. The trustees of said\\nuniversity shall make all the reports and perform such other acts as may\\nbe necessary to conform to the act of congress, entitled \"An act\\ndonating public lands to the several states and territories which may\\nprovide colleges for the benefit of agriculture and the mechanic arts,\"\\napproved July second, eighteen hundred sixty-two. The said university\\nshall be subject to visitation of the regents of the university.\\n 2. Notwithstanding any other provision of law to the contrary, and\\nsubject to the review and approval of the state comptroller, the state\\nmay enter into an agreement with the university prescribing the general\\nterms and conditions for providing services or technical assistance\\npursuant to article eleven of the state finance law or program\\nactivities pursuant to article eleven-B of the state finance law.\\nSubject to such terms and conditions, state agencies may enter into\\nagreements with said university for the provision of such services,\\nassistance or activities related to the university's land grant mission,\\nwhich agreements shall not be subject to the requirements of the state\\nfinance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5705", "title" : "Extent to which property may be held", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5705", "activeDate" : "2014-09-22", "sequenceNo" : 1407, "repealedDate" : null, "fromSection" : "5705", "toSection" : "5705", "text" : " § 5705. Extent to which property may be held. The said corporation\\nmay take and hold real and personal property to such an amount as may be\\nor become necessary for the proper conduct and support of the several\\ndepartments of education heretofore established or hereafter to be\\nestablished by its board of trustees, and such real and personal\\nproperty as has been, or may hereafter be given to said corporation by\\ngift, grant, devise or bequest in trust or otherwise, for the use and\\npurposes permitted by its charter, and in cases of trusts so created,\\nthe several trust estates shall be kept distinct, and the interest or\\nincome shall be faithfully applied to the purposes of such respective\\ntrusts, in accordance with the provisions of the acts or instruments by\\nwhich the respective trusts were created.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5706", "title" : "Restrictions on alienation of property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5706", "activeDate" : "2014-09-22", "sequenceNo" : 1408, "repealedDate" : null, "fromSection" : "5706", "toSection" : "5706", "text" : " § 5706. Restrictions on alienation of property. That portion of said\\nuniversity grounds, which was the original gift of about two hundred\\nacres of land made by Ezra Cornell and at that time located in the town\\nof Ithaca in the county of Tompkins, shall not be encumbered, aliened or\\notherwise disposed of by the said trustees, or by any other person,\\nexcept on terms such as the legislature of the state of New York shall\\nhave approved, and any act of the said trustees, or that of any other\\nperson which shall have that effect, shall be void; except, that Cornell\\nUniversity is hereby authorized to mortgage, or convey such part of the\\naforesaid lands of said university as it may deem necessary to enable it\\nto obtain needed loans, advances, or financing for the construction of a\\nhousing unit including all necessary and usual attendant and related\\nfacilities and equipment erected for the use of students, an academic\\nbuilding, library, laboratory, classroom or other building or structure\\nessential, necessary or useful for instruction in the academic program\\nupon the following terms:\\n (1) Such loans, advances or financing shall be obtained from or\\nthrough the dormitory authority of the state of New York, or from or\\nthrough the housing and home finance agency or from such other New York\\nstate or federal agency or agencies as are now, or as may be, engaged in\\nconstructing or financing the construction, acquisition, alteration, or\\nimprovement of such educational or attendant facilities above described.\\nSuch construction may be conducted by the said university or by the\\ngovernmental agency involved in such financing as may be agreed upon.\\n (2) Any conveyance of the title of any part of the aforesaid lands\\nshall provide that the title to said lands shall revert to Cornell\\nUniversity upon payment of the principal and interest of such loan,\\nadvance, or financing secured by said conveyance and the satisfaction of\\nall its obligations thereunder, and upon such payment and satisfaction\\nthe said lands, so conveyed shall revert to and again become the\\nproperty of the university with such title as it had before such\\nconveyance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5707", "title" : "Extent of farm and grounds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5707", "activeDate" : "2014-09-22", "sequenceNo" : 1409, "repealedDate" : null, "fromSection" : "5707", "toSection" : "5707", "text" : " § 5707. Extent of farm and grounds. The farm and grounds occupied by\\nsaid corporation, whereupon its buildings are erected, or shall be\\nerected in such manner and to such extent as the trustees may from time\\nto time direct and provide for, shall consist of not less than two\\nhundred acres.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5708", "title" : "Powers to police grounds and regulate traffic thereon", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5708", "activeDate" : "2014-09-22", "sequenceNo" : 1410, "repealedDate" : null, "fromSection" : "5708", "toSection" : "5708", "text" : " § 5708. Powers to police grounds and regulate traffic thereon. 1. For\\nthe purpose of providing for the safety of its students, faculty,\\nemployees and visitors, Cornell university is hereby authorized and\\nempowered through its board of trustees: a. To adopt, make applicable\\nand enforce, upon the streets, roads and highways owned, controlled or\\nmaintained by said university within the grounds of said university and\\nconstituting a part of the educational and research plant or plants\\nowned or under the supervision, administration, and control of said\\nuniversity, such provisions of the vehicle and traffic law, and such\\nrules of the state department of transportation as control or regulate\\nvehicular or pedestrian traffic, and parking.\\n b. To adopt and enforce such additional rules and regulations for the\\ncontrol of the use of the streets and roads described in the foregoing\\nsubdivision as local authorities are empowered to adopt and enforce\\npursuant to said vehicle and traffic law.\\n c. To adopt and enforce rules and regulations not inconsistent with\\nlaw, controlling parking of vehicles and pedestrian traffic over, along\\nand upon the lands and premises of said university or the streets and\\nhighways therein, and to control or prohibit thereon or therein vending,\\nhawking, loitering and trespassing.\\n d. To erect, operate and maintain at the entrance or entrances to any\\nsuch grounds and at other appropriate points thereon or therein control\\nlights, signs and signals.\\n 2. A violation of any section of the vehicle and traffic law or of any\\nrule of the state department of transportation made applicable as\\nprovided in paragraph a of subdivision one hereof, shall be a\\nmisdemeanor or traffic infraction as designated in such law or rules as\\nthe case may be, and punishable as therein provided, and any violation\\nof a rule or regulation adopted under paragraph b of subdivision one\\nhereof shall be a traffic infraction and punishable as provided in the\\nstate vehicle and traffic law.\\n 3. A violation of any rules or regulations of the university adopted\\npursuant to paragraph c of subdivision one of this section, shall\\nconstitute a misdemeanor punishable by fine not exceeding fifty dollars\\nor by imprisonment not exceeding six months, or both.\\n 4. Notice of any such laws or rules and regulations made applicable or\\nadopted as hereinbefore provided shall be given either personally or by\\nreasonable notice conspicuously posted on the said lands and premises,\\nor by traffic sign, signal or device, and by filing a copy of all such\\nlaws, rules and regulations, and amendments thereof from time to time,\\nin the office of the clerk of the city, town, or village where they are\\nto be enforced. Such laws, rules and regulations shall be enforced, and\\nviolations thereof shall be punishable in any court having jurisdiction\\nin the territory in which such violations shall occur.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5709", "title" : "Special deputy sheriffs; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5709", "activeDate" : "2014-09-22", "sequenceNo" : 1411, "repealedDate" : null, "fromSection" : "5709", "toSection" : "5709", "text" : " § 5709. Special deputy sheriffs; powers and duties. 1. For the\\nprotection of the grounds, buildings and property of Cornell university\\nand of the state institutions and property, or other lands and property\\nunder the supervision, administration and control of said university,\\nand for the prevention of crime and the enforcement of law and order,\\nand for the enforcement of such rules and regulations as the board of\\ntrustees of Cornell university shall from time to time make, as\\nauthorized in section fifty seven hundred eight of this chapter or\\notherwise, the sheriff of a county within which any part of the grounds\\nof Cornell university or the grounds of any state institution\\nconstituting a part of the educational and research plants, owned or\\nunder the supervision, administration or control of said university, are\\nlocated, shall appoint and remove at the request of Cornell university\\nsuch number of special deputy sheriffs as shall be recommended by the\\npresident of Cornell university, such appointments to be made from\\npersons nominated by the president of Cornell university, and such\\nspecial deputy sheriffs shall act only within the county of the sheriff\\nmaking the appointment. Such special deputy sheriffs so appointed shall\\nbe employees of the university and subject to its supervision and\\ncontrol and shall have the powers of peace officers as set forth in\\nsection 2.20 of the criminal procedure law within the said grounds or\\npremises owned or administered by Cornell university including any\\npublic highway which crosses or adjoins such property. Nothing herein\\ncontained shall be construed to prohibit any special deputy sheriff\\nappointed as herein provided from holding an appointment in more than\\none county at one and the same time.\\n 2. Every special deputy sheriff so appointed shall, before entering\\nupon the duties of his office, take and subscribe the oath of office\\nprescribed by article thirteen of the constitution of the state of New\\nYork, which oath shall be filed in the office of the county clerk of the\\ncounty in which the grounds, lands and premises in which he is to be\\nemployed is situate. Every special deputy sheriff appointed under this\\nsection when on regular duty shall wear conspicuously a metallic shield\\nwith a designating number and the words \"Special Deputy Sheriff Cornell\\nUniversity\" thereon. The compensation, if any, of such special deputy\\nsheriff shall be paid by Cornell university or by the state of New York\\nif so provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5711", "title" : "New York state college of veterinary medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5711", "activeDate" : "2014-09-22", "sequenceNo" : 1412, "repealedDate" : null, "fromSection" : "5711", "toSection" : "5711", "text" : " § 5711. New York state college of veterinary medicine. 1. The state\\nveterinary college, established by chapter one hundred fifty-three of\\nthe laws of eighteen hundred ninety-four, shall hereafter be known as\\nthe New York state college of veterinary medicine at Cornell university,\\nand shall continue to be under the supervision of the state university\\ntrustees. The object of said college of veterinary medicine shall be: To\\ngive instruction in the normal structure and function of the animal\\nbody, in the pathology, prevention and treatment of animal diseases, and\\nin all matters pertaining to biomedical science as applied to animals\\nand correlatively to the human family; and to conduct investigations as\\nto the nature, prevention and cure of all diseases of animals, including\\nsuch as are communicable to man and such as cause epizootics among\\nanimals; and to investigate the economic questions which will contribute\\nto the more profitable breeding, rearing and utilization of animals.\\n 2. All buildings, furniture, apparatus and other property heretofore\\nor hereafter erected or furnished by the state for such college of\\nveterinary medicine shall be and remain the property of the state. The\\nCornell university shall have the custody and control of said property,\\nand, as the representative of the state university trustees, shall, with\\nwhatever state moneys may be received for the purpose, administer the\\nsaid college of veterinary medicine as to the establishment of courses\\nof study, the creation of departments and positions, the determination\\nof the number and salaries of members of the faculty and other employees\\nthereof, the appointment and employment thereof, the maintenance of\\ndiscipline and as to all matters, pertaining to its educational\\npolicies, activities and operations, including research work.\\n 3. The state university trustees shall maintain general supervision\\nover the requests for appropriations, budgets, estimates and\\nexpenditures of such college. Cornell university shall receive no\\nincome, profit or compensation for the exercise and performance of the\\npowers and duties conferred and imposed by this section, but all moneys\\nreceived from state appropriations for the said college of veterinary\\nmedicine or derived from other sources in the course of the\\nadministration thereof, shall be kept by said university in a separate\\nfund from the moneys of the university, and shall be used exclusively\\nfor said New York state college of veterinary medicine. Such moneys as\\nmay be appropriated to be paid to the Cornell university by the state in\\nany year, to be expended by said university in the administration of\\nsaid college of veterinary medicine, shall be payable to the treasurer\\nof Cornell university in three equal payments to be made on the first\\nday of October, the first day of January, and the first day of April in\\nsuch year, and shall be expended upon vouchers approved by the\\nchancellor of the state university, as the chief administrative officer\\nof the state university, or by such authority or authorities in the\\nstate university as shall be designated by the chancellor by a rule or\\nwritten direction filed with the comptroller, when and in the manner\\nauthorized by the state university trustees.\\n 4. The said university shall expend such moneys and use such property\\nof the state in administering said college of veterinary medicine, and\\nshall submit to the state university trustees during the month of\\nSeptember in each year, a detailed statement of such expenditures and of\\nthe general operations of the said college of veterinary medicine.\\n 5. The tuition fees charged to students shall be regulated by Cornell\\nuniversity after consultation with the state university trustees and all\\nother fees and charges in said college of veterinary medicine shall be\\nfixed by Cornell university, and the moneys so received shall be\\nexpended for the current expenses of the said college of veterinary\\nmedicine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5712", "title" : "New York state college of agriculture and life sciences", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5712", "activeDate" : "2014-09-22", "sequenceNo" : 1413, "repealedDate" : null, "fromSection" : "5712", "toSection" : "5712", "text" : " § 5712. New York state college of agriculture and life sciences. 1.\\nThe state college of agriculture, established by chapter six hundred\\nfifty-five of the laws of nineteen hundred four, shall hereafter be\\nknown as the New York state college of agriculture and life sciences at\\nCornell university and shall continue to be under the supervision of the\\nstate university trustees. The object of said college of agriculture and\\nlife sciences shall be to improve the agricultural methods of the state,\\nto develop the agricultural resources of the state in the production of\\ncrops of all kinds, in the rearing and breeding of livestock, in the\\nmanufacture of dairy and other products in determining better methods of\\nhandling and marketing such products, and in other ways; and to increase\\nintelligence and elevate the standards of living in the rural districts.\\nFor the attainment of these objects the college is authorized to give\\ninstruction in the sciences, arts and practices relating thereto, in\\nsuch courses and in such manner as shall best serve the interests of the\\nstate; to conduct extension work in disseminating agricultural knowledge\\nthroughout the state by means of experiments and demonstrations on farms\\nand gardens, investigations of the economic and social status of\\nagriculture, lectures, publication of bulletins and reports, and in such\\nother ways as may be deemed advisable in the furtherance of the\\naforesaid objects; to make researches in the physical, chemical,\\nbiological and other problems of agriculture, the application of such\\ninvestigations to the agriculture of New York, and the publication of\\nthe results thereof.\\n 2. All buildings, furniture, apparatus and other property heretofore\\nor hereafter erected or furnished by the state for such college of\\nagriculture and life sciences shall be and remain the property of the\\nstate. The Cornell university shall have the custody and control of\\nsaid property, and, as the representative of the state university\\ntrustees, shall, with whatever state moneys may be received for the\\npurpose, administer the said college of agriculture and life sciences as\\nto the establishment of courses of study, the creation of departments\\nand positions, the determination of the number and salaries of members\\nof the faculty and other employees thereof, the appointment and\\nemployment thereof, the maintenance of discipline and as to all other\\nmatters pertaining to its educational policies, activities and\\noperations, including research work.\\n 3. The state university trustees shall maintain general supervision\\nover the requests for appropriations, budgets, estimates and\\nexpenditures of such college. Cornell university shall receive no\\nincome, profit or compensation for the exercise and performance of the\\npowers and duties conferred and imposed by this section, but all moneys\\nreceived from state appropriations for the said college of agriculture\\nand life sciences or derived from other sources in the course of the\\nadministration thereof, shall be credited by said university to a\\nseparate fund, and shall be used exclusively for said New York state\\ncollege of agriculture and life sciences. Such moneys as may be\\nappropriated to be paid to the Cornell university by the state in any\\nyear, to be expended by said university in the administration of said\\ncollege of agriculture and life sciences, shall be payable to the\\ntreasurer of Cornell university in three equal payments to be made on\\nthe first day of October, the first day of January, and the first day of\\nApril in such year, and shall be expended upon vouchers approved by the\\nchancellor of the state university, as the chief administrative officer\\nof the state university, or by such authority or authorities in the\\nstate university as shall be designated by the chancellor by a rule or\\nwritten direction filed with the comptroller, when and in the manner\\nauthorized by the state university trustees.\\n 4. The said university shall expend such moneys and use such property\\nof the state in administering said college of agriculture and life\\nsciences as above provided, and shall submit to the state university\\ntrustees during the month of September in each year, a detailed\\nstatement of such expenditures and of the general operations of the said\\ncollege of agriculture and life sciences.\\n 5. The tuition fees charged to students shall be regulated by Cornell\\nuniversity after prior consultation with the state university trustees\\nand all other fees and charges in said college of agriculture and life\\nsciences shall be fixed by Cornell university, and the moneys received\\nfrom these sources and from the sales of products shall be credited to a\\nseparate fund and shall be used for the current expenses of the said\\ncollege of agriculture and life sciences.\\n 6. There shall be established in said college of agriculture and life\\nsciences courses of instruction in the fundamentals, theory and practice\\nof nursery work, including the propagation and growth of nursery stock,\\nand in gardening and planting.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5713", "title" : "New York state agricultural experiment station", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5713", "activeDate" : "2014-09-22", "sequenceNo" : 1414, "repealedDate" : null, "fromSection" : "5713", "toSection" : "5713", "text" : " § 5713. New York state agricultural experiment station. 1. The\\ninstitution known as the New York agricultural experiment station,\\nlocated in the city of Geneva, for the purposes of promoting agriculture\\nin its various branches by scientific investigation and experiment,\\nestablished by chapter five hundred ninety-two of the laws of eighteen\\nhundred eighty, shall continue to be controlled and managed by Cornell\\nuniversity under the supervision of the state university trustees. Said\\nstation shall be managed, controlled and administered by Cornell\\nuniversity, as the representative of the state university trustees, in\\nthe manner and with the powers provided by section fifty-seven hundred\\ntwelve of this chapter. Cornell university shall have the power to\\nappoint a director and such other scientific and expert workers and\\nemployees deemed necessary to accomplish the objects of such experiment\\nstation. In such station, said university shall, besides conducting\\nexperiments for the promotion of agricultural science, perform and\\nreport to the commissioner of agriculture and markets such analyses and\\nother scientific work as such commissioner may request and consider to\\nbe necessary for the administration of the provisions of the agriculture\\nand markets law. The salaries and other expenses incurred by reason of\\nsuch analyses and other scientific service shall be paid from funds\\nappropriated for such purposes.\\n 2. Cornell university is hereby authorized and empowered to publish\\nfrom time to time bulletins giving information of the results of\\nanalyses made at such station of any commodity or substance analyzed\\nthereat and may in like manner publish bulletins containing the results\\nof such analyses heretofore made and unpublished.\\n 3. In addition to the number of copies otherwise required by law, the\\ncommissioner of agriculture and markets may, with the approval of the\\ngovernor, cause to be printed by the state printer such number of copies\\nof any report of such station heretofore or hereafter made as he deems\\nsufficient to meet the public demand therefor. The expense of printing\\nsuch copies shall be paid out of the appropriation for legislative\\nprinting, as provided by law. Such copies shall be delivered to such\\ncommissioner and sold by him to the public at the actual cost thereof as\\ndetermined by the comptroller.\\n 4. The Cornell university is hereby designated as the institution\\nwithin this state entitled to receive the benefits of the act of\\ncongress of the United States, approved March second, eighteen hundred\\neighty-seven, entitled \"An act to establish agricultural experiment\\nstations in connection with colleges established in the several states,\\nunder the provision of an act approved July second eighteen hundred and\\nsixty-two, and of the acts supplementary thereto.\" Such benefits of such\\nact which this state is authorized thereby to apply to any college,\\ninstitution or agricultural experiment station within this state are\\napplied to Cornell university and this state consents that such\\nappropriation, money, or benefits to or for the use of this state, or of\\nany institution within this state, payable under or in pursuance of such\\nact of congress, shall be paid to the treasurer of Cornell university\\nwho is the officer designated to receive the same, to be used by Cornell\\nuniversity in such proportion that nine-tenths thereof shall be applied\\nto the use of the New York state college of agriculture and life\\nsciences and one-tenth thereof to the New York state agricultural\\nexperiment station at Geneva. Such moneys shall be expended as provided\\nin such act of congress. The department of taxation and finance shall\\nkeep an account of all moneys received by it in pursuance of such act of\\ncongress in a separate fund to the credit of the Cornell university and\\nshall pay all moneys immediately upon receipt thereof by it to the\\ntreasurer of such university, upon the warrant of the comptroller issued\\nupon the order of the said university.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5714", "title" : "New York state college of human ecology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5714", "activeDate" : "2014-09-22", "sequenceNo" : 1415, "repealedDate" : null, "fromSection" : "5714", "toSection" : "5714", "text" : " § 5714. New York state college of human ecology. 1. The school of\\nhome economics heretofore administered and maintained in the New York\\nstate college of agriculture at Cornell university shall hereafter be\\nknown as the New York state college of human ecology at Cornell\\nuniversity and shall continue to be under the management and control of\\nsaid university, subject to the supervision of the state university\\ntrustees.\\n 2. The object of said college of human ecology shall be the\\nimprovement of family well-being and human welfare by means of\\neducation, research, extension teaching, and related public service in\\nthe fields of human development and the use of human and environmental\\nresources, including consumer economics, family relationships, human\\nnutrition, household design, and allied subjects.\\n 3. All buildings, furniture, apparatus, and other property heretofore\\nerected or furnished by the state for the said college of human ecology,\\nand all buildings, furniture, apparatus, and other property hereafter\\nerected or furnished by the state for said college of human ecology\\nshall be and remain the property of the state. The Cornell university\\nshall have the custody and control of said property, and shall, as the\\nrepresentative of the state university trustees, with whatever state\\nmoneys may be received for the purpose, administer the said college of\\nhuman ecology as to the establishment of courses of study, the creation\\nof departments and positions, the determination of the number and\\nsalaries of members of the faculty and other employees thereof, the\\nemployment and appointment thereof, the maintenance of discipline and as\\nto all matters pertaining to its educational policies, activities and\\noperations, including research work.\\n 4. The state university trustees shall maintain general supervision\\nover the requests for appropriations, budgets, estimates and\\nexpenditures of such college. Cornell university shall receive no\\nincome, profit, or compensation for the exercise and performance of the\\npowers and duties conferred and imposed by this section, but all moneys\\nreceived from state appropriations for said college of human ecology or\\nderived from other sources in the course of the administration thereof\\nshall be credited by said university to a separate fund and shall be\\nused exclusively for said New York state college of human ecology. Such\\nmoneys as may be appropriated to be paid to the Cornell university by\\nthe state in any year to be expended by said university in the\\nadministration of said college of human ecology shall be payable to the\\ncomptroller of Cornell university in three equal payments to be made on\\nthe first day of July, the first day of November, and the first day of\\nMarch, and shall be expended upon vouchers approved by the chancellor of\\nthe state university, as the chief administrative officer of the state\\nuniversity, or by such authority or authorities in the state university\\nas shall be designated by the chancellor by a rule or written direction\\nfiled with the comptroller, when and in the manner authorized by the\\nstate university trustees.\\n 5. The said university shall expend such moneys and use such property\\nof the state in administering said college of human ecology as above\\nprovided, and shall report to the state university trustees during the\\nmonth of September in each year.\\n 6. The tuition fees charged to students shall be regulated by Cornell\\nuniversity after prior consultation with the state university trustees\\nand all other fees and charges in said college of human ecology shall be\\nfixed by Cornell university, and the moneys received from these sources\\nand from the sales of products shall be credited to a separate fund and\\nshall be used for the expenses of said college of human ecology in such\\nways as the trustees of said university may determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5715", "title" : "New York state school of industrial and labor relations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5715", "activeDate" : "2014-09-22", "sequenceNo" : 1416, "repealedDate" : null, "fromSection" : "5715", "toSection" : "5715", "text" : " § 5715. New York state school of industrial and labor relations. 1.\\nFindings. It is necessary that understanding of industrial and labor\\nrelations be advanced; that more effective cooperation among employers\\nand employees and more general recognition of their mutual rights,\\nobligations and duties under the laws pertaining to industrial and labor\\nrelations in New York state be achieved; that means for encouraging the\\ngrowth of mutual respect and greater responsibility on the part of both\\nemployers and employees be developed; and that industrial efficiency\\nthrough the analysis of problems relating to employment be improved.\\n 2. Policy. In the interpretation and application of this section, it\\nis hereby declared to be the policy of the state to provide facilities\\nfor instruction and research in the field of industrial and labor\\nrelations through the maintenance of a school of industrial and labor\\nrelations.\\n 3. School continued. The New York state school of industrial and labor\\nrelations, heretofore established by chapter one hundred sixty-two of\\nthe laws of nineteen hundred forty-four, is hereby continued in the\\nstate university, at Cornell university in the city of Ithaca.\\n 4. Object of school. The object of such school shall be to improve\\nindustrial and labor conditions in the state through the provision of\\ninstruction, the conduct of research, and the dissemination of\\ninformation in all aspects of industrial, labor, and public relations,\\naffecting employers and employees.\\n 5. Property of school. All lands, buildings, furniture, apparatus, and\\nother property heretofore or hereafter erected or furnished by the state\\nfor the said school of industrial and labor relations shall be and\\nremain the property of the state, and shall be in the custody and under\\nthe control of Cornell university, as the representative of the state\\nuniversity trustees.\\n 6. Control and operation. a. Subject to appropriations by the state\\ntherefor, Cornell university, as the representative of the state\\nuniversity trustees, shall administer the New York state school of\\nindustrial and labor relations as to the establishment of courses of\\nstudy, the creation of departments and positions, the determination of\\nthe number and salaries of members of the faculty and other employees\\nthereof, the appointment and employment thereof, the maintenance of\\ndiscipline and as to all other matters pertaining to its educational\\npolicies, activities and operations, including research work and the\\ndissemination of information in all aspects of industrial, labor, and\\npublic relations, affecting employers and employees. The state\\nuniversity trustees shall maintain general supervision over such school.\\n b. The tuition fees charged to students shall be regulated by Cornell\\nuniversity after prior consultation with the state university trustees\\nand all other fees and charges in such school shall be fixed by Cornell\\nuniversity.\\n c. Cornell university shall receive no income, profit or compensation\\nfor the exercise and performance of the powers and duties conferred and\\nimposed by this section in connection with such school. All moneys\\nreceived by such university in the course of the administration of such\\nschool from tuition, fees and other charges shall be used exclusively\\nfor such school. Money appropriated by the state for such school shall\\nbe payable from the state treasury upon the audit and warrant of the\\ncomptroller upon vouchers approved by the chancellor of the state\\nuniversity, as the chief administrative officer of the state university,\\nor by such authority or authorities in the state university as shall be\\ndesignated by the chancellor by a rule or written direction filed with\\nthe comptroller, when and in the manner authorized by the state\\nuniversity trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5716", "title" : "Acquisition by the state of land and interests in land of Cornell university upon which buildings have heretofore or may hereafter be ere...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5716", "activeDate" : "2014-09-22", "sequenceNo" : 1417, "repealedDate" : null, "fromSection" : "5716", "toSection" : "5716", "text" : " § 5716. Acquisition by the state of land and interests in land of\\nCornell university upon which buildings have heretofore or may hereafter\\nbe erected by the state. Notwithstanding the provisions of section\\nfifty-seven hundred and six of this chapter, any lands owned by Cornell\\nuniversity upon which buildings have been heretofore or may hereafter be\\nerected by the state for the purpose of any college, school or\\nexperiment station provided for in this article, together with such\\nadditional contiguous lands as may be deemed appropriate or needful to\\nthe purposes of any such college, school or experiment station, with\\nsuch rights of way, for purposes of ingress and egress thereto and\\ntherefrom or for other purposes over other lands of Cornell university,\\nas may be deemed necessary, may be conveyed by Cornell university to the\\npeople of the state, without consideration, pursuant to such agreement\\nor agreements therefor as may be made between Cornell university and,\\nwith the approval of the director of the budget, the trustees of the\\nstate university of New York, acting for and on behalf of the people of\\nthe state. Any such conveyance may be made upon such terms and\\nconditions, including conditions precedent or conditions subsequent with\\nprovision of reverter and right of re-entry upon breach thereof, as may\\nbe provided for by any such agreement. All such agreements shall be in\\nwriting and shall be approved as to form and manner of execution by the\\nattorney-general before they shall become binding on the state. No\\nconveyance authorized herein shall be accepted on behalf of the state\\nunless the title to the property conveyed shall be approved by the\\nattorney-general and the deed of conveyance approved as to form and\\nmanner of execution by him.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A119", "title" : "New York State Legislative Institute", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "119", "activeDate" : "2014-09-22", "sequenceNo" : 1418, "repealedDate" : null, "fromSection" : "5901", "toSection" : "5905", "text" : " ARTICLE 119\\n NEW YORK STATE LEGISLATIVE INSTITUTE\\nSection 5901. Statement of objectives and legislative findings.\\n 5902. Establishment of legislative institute.\\n 5903. Functions of institute.\\n 5904. Advisory board; appointment; powers and duties.\\n 5905. Chairs on legislative process.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5901", "title" : "Statement of objectives and legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5901", "activeDate" : "2014-09-22", "sequenceNo" : 1419, "repealedDate" : null, "fromSection" : "5901", "toSection" : "5901", "text" : " § 5901. Statement of objectives and legislative findings. The\\nlegislative process, involving determination of public needs and\\naspirations, the allocation of funds between private and public sectors,\\nthe order of priorities within the public sector, the maintenance of\\nstability within our society, the invigoration of the productive forces\\nof the state, is a dynamic system. As society becomes more specialized\\nand scientific advances multiply and the legislature's role in decision\\nmaking increases, it becomes more necessary than ever that the\\nlegislative process provide an avenue for responsible closing of the gap\\nbetween technological know-how and our social institutions.\\n The legislature finds that in order to promote public interest and\\nwelfare, it is essential that there be provided a central institution\\nwhere research, training and information on the legislative process be\\nprovided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5902", "title" : "Establishment of legislative institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5902", "activeDate" : "2014-09-22", "sequenceNo" : 1420, "repealedDate" : null, "fromSection" : "5902", "toSection" : "5902", "text" : " § 5902. Establishment of legislative institute. There is hereby\\nestablished at the graduate school of public affairs of the state\\nuniversity in the city of Albany, the New York state legislative\\ninstitute.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5903", "title" : "Functions of institute", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5903", "activeDate" : "2014-09-22", "sequenceNo" : 1421, "repealedDate" : null, "fromSection" : "5903", "toSection" : "5903", "text" : " § 5903. Functions of institute. The legislative institute shall\\nprovide a center for research, training and information on the\\nlegislative process. The institute is hereby empowered to conduct\\nclasses both credit and non-credit on the legislative process; to\\norganize inter-disciplinary groups of scholars to study the legislative\\nprocess; to convoke seminars involving the legislative scholars and\\nlegislators; to establish a central library on legislative systems; to\\npublish such books and periodicals as it shall deem appropriate on the\\nlegislative process; to assist in orientation of new legislators; and to\\nprovide such assistance as may be requested by the legislature in\\nimproving its management and operations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5904", "title" : "Advisory board; appointment; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5904", "activeDate" : "2014-09-22", "sequenceNo" : 1422, "repealedDate" : null, "fromSection" : "5904", "toSection" : "5904", "text" : " § 5904. Advisory board; appointment; powers and duties. 1. A\\ntemporary advisory board is hereby created to consist of seven members,\\ntwo of whom shall be members of the senate to be appointed by the\\ntemporary president of the senate, two shall be members of the assembly\\nto be appointed by the speaker of the assembly, and three shall be\\nappointed by the dean of such graduate school of public affairs. The\\nmembers of the senate and of the assembly so appointed shall serve for\\nterms of two years or until the expiration of their term of office as a\\nmember of the senate or assembly, respectively, whichever shall first\\noccur. The members appointed by the dean of the graduate school of\\npublic affairs shall be appointed for terms of four years. Vacancies\\noccurring in the board by reason of expiration of term or for any other\\nreason shall be filled by the official authorized to make the original\\nappointment.\\n 2. The board may choose from among its members a chairman,\\nvice-chairman and secretary.\\n 3. The members of the board shall serve without compensation, but\\nshall be reimbursed their actual and necessary expenses.\\n 4. The board shall meet at least four times a year for the purpose of\\nadopting rules and regulations governing the operation of the institute\\nand the establishment and effectuation of its goals.\\n 5. The board after investigation and study shall, on or before January\\nfirst, nineteen hundred sixty-eight, prepare plans and submit\\nrecommendations to the chancellor and board of trustees of the state\\nuniversity and to the legislature for the control, supervision, or\\norganization, structure, administration, operation and activities of the\\ninstitute.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "5905", "title" : "Chairs on legislative process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5905", "activeDate" : "2014-09-22", "sequenceNo" : 1423, "repealedDate" : null, "fromSection" : "5905", "toSection" : "5905", "text" : " § 5905. Chairs on legislative process. Four chairs on the legislative\\nprocess are hereby established in the legislative institute.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A121", "title" : "State University of New York College of Environmental Science and Forestry", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "121", "activeDate" : "2014-09-22", "sequenceNo" : 1424, "repealedDate" : null, "fromSection" : "6001", "toSection" : "6007", "text" : " ARTICLE 121\\n STATE UNIVERSITY OF NEW YORK COLLEGE OF\\n ENVIRONMENTAL SCIENCE AND FORESTRY\\nSection 6001. College continued.\\n 6002. Objects and purposes.\\n 6003. College board of trustees; organization.\\n 6004. College board of trustees; powers and duties.\\n 6005. Appropriations.\\n 6006. Property to belong to state.\\n 6007. Tuition; disposition of fees and income.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6001", "title" : "College continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6001", "activeDate" : "2014-09-22", "sequenceNo" : 1425, "repealedDate" : null, "fromSection" : "6001", "toSection" : "6001", "text" : " § 6001. College continued. The New York State College of Forestry at\\nSyracuse University shall hereafter be known as the State University of\\nNew York College of Environmental Science and Forestry. The college\\nshall be subject to the supervision of the state university trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6002", "title" : "Objects and purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6002", "activeDate" : "2014-09-22", "sequenceNo" : 1426, "repealedDate" : null, "fromSection" : "6002", "toSection" : "6002", "text" : " § 6002. Objects and purposes. The college shall have as its objects\\nand purposes: 1. Teaching in the science and practice of environmental\\nscience and forestry in its several branches including landscape\\narchitecture; environmental design; environmental and resource\\nengineering; environmental and resource management; wildlife studies;\\nbiology, chemistry, ecology; the manufacture and marketing of forest\\nproducts; and the technologies appropriate to these branches of\\nenvironmental science and forestry.\\n 2. The conduct of research, investigation, and experimentation\\nrelating to such studies wherever appropriate, including suburban or\\nurban areas, and in commercial or industrial facilities.\\n 3. The conduct of experiments in forest and related resource\\ndevelopment and management for public, commercial, recreational and\\naesthetic purposes, and, generally the giving of popular instruction and\\ninformation concerning the elements of environmental science and\\nforestry.\\n 4. The operation of demonstration and public service programs with a\\nview to acquiring, transmitting, and applying knowledge concerning the\\nscientific management and use of forest and related natural resources\\nfor human benefit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6003", "title" : "College board of trustees; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6003", "activeDate" : "2014-09-22", "sequenceNo" : 1427, "repealedDate" : null, "fromSection" : "6003", "toSection" : "6003", "text" : " § 6003. College board of trustees; organization. There shall continue\\nto be a board of trustees of the college consisting of fifteen members\\nof which the lieutenant-governor, state commissioner of education,\\nchancellor of the state university, the state commissioner of\\nenvironmental conservation, and the chancellor of Syracuse university\\nshall be ex officio members. Any ex officio member may act through a\\nrepresentative appointed in a writing filed with the secretary of the\\nboard. One member shall be elected by and from among the students of the\\ncollege. The election of the student member shall be conducted in\\naccordance with rules and regulations promulgated by the college student\\nassociation in accordance with guidelines established by the state\\nuniversity. Such student member shall be subject to every provision of\\nany general, special, or local law, ordinance, charter, code, rule, or\\nregulation applying to the voting members of such board with respect to\\nthe discharge of their duties including, but not limited to, those\\nprovisions setting forth codes of ethics, disclosure requirements, and\\nprohibiting business and professional activities. The one member of such\\nboard elected by and from among the students of the college may be\\nremoved by such students in accordance with rules and regulations\\npromulgated by the college student association in accordance with\\nguidelines promulgated by state university trustees.\\n The board shall provide for the calling of regular and special\\nmeetings, designate a chairman, other than the student member, fix the\\nnumber of voting members required to constitute a quorum for the\\ntransaction of business and the number of voting members required to\\nexercise the powers vested in the board and otherwise make and amend\\nrules for the conduct of its affairs.\\n The members of the board, other than ex officio and student members,\\nshall continue to be appointed by the governor, by and with the advice\\nand consent of the senate. The members appointed by the governor shall\\ncontinue to be divided into three classes, so that the terms of\\none-third thereof shall expire every two years. The term of office of\\nmembers shall be six years. A vacancy in the office of an appointive\\ntrustee, other than by expiration of term, shall be filled by\\nappointment for the unexpired term. The term of office for the student\\nmember shall be one year commencing July first of the calendar year in\\nwhich the election is conducted. In the event that the student member\\nceases to be a student at the institution, such member shall be required\\nto resign. The members of the board of trustees shall serve without\\ncompensation, but shall be entitled to their actual necessary expenses\\nincurred in the performance of their duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6004", "title" : "College board of trustees; powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6004", "activeDate" : "2014-09-22", "sequenceNo" : 1428, "repealedDate" : null, "fromSection" : "6004", "toSection" : "6004", "text" : " § 6004. College board of trustees; powers and duties. The college\\nshall continue to be administered and maintained at Syracuse university.\\nSubject to the general management and supervision of and in accordance\\nwith rules established by the state university trustees, the college\\nboard of trustees shall exercise the following powers:\\n a. Recommend regarding the establishment of courses of study, the\\ncreation of departments, the general course of instruction, research,\\nand experiments to be pursued in the college and the degrees to be\\nconferred, number and salaries of faculty, staff and all other\\nemployees, their appointment and termination or removal, and the nature\\nof their duties.\\n b. To submit for approval all contracts necessary or appropriate for\\ncarrying out any of the purposes or objects of the college, including\\nsuch as shall involve cooperation with any person, corporation or\\nassociation or any department of the government of the state of New York\\nor of the United States in laboratory, experimental, investigative or\\nresearch work, and the acceptance from such person, corporation,\\nassociation or department of the state or federal government of gifts or\\ncontributions of money, expert service, labor, materials, apparatus,\\nappliances or other property in connection therewith.\\n c. Recommend to the state university trustees candidates for\\nappointment by the state university trustees as head of such\\ninstitution.\\n d. Review all major plans of the head of such institution for its more\\neffective operation and make such recommendations with respect thereto\\nas it deems appropriate. Such plans shall be submitted for approval by\\nthe state university trustees, together with the recommendations of the\\ncollege trustees with respect thereto. The state university trustees\\nshall determine what constitutes such major plans, which are hereby\\ngenerally defined to include, among others, plans for the appraisal or\\nimprovement of the faculty and other personnel, expansion or restriction\\nof student admissions, appraisal or improvement of academic programs and\\nof standards for the earning of degrees, expansion of institutional\\nplants and appraisal or improvement of student activities and housing.\\n e. Make regulations governing the care, custody and management of\\nlands, grounds, buildings and equipment.\\n f. Review the proposed budget requests for such institution prepared\\nby the head thereof and recommend to the state university trustees a\\nbudget for such institution.\\n g. Foster the development of advisory citizens' committees to render\\nsuch assistance as the college trustees may request, and to appoint the\\nmembers of such citizens' committees. Members of such citizens'\\ncommittees shall receive no compensation for their services but shall be\\nreimbursed for the expenses actually and necessarily incurred by them in\\nthe performance of their duties.\\n h. Name buildings and grounds.\\n i. Make regulations governing the conduct and behavior of students.\\n j. Make an annual report to the state university trustees on or before\\nSeptember first of each year, and report to them from time to time on\\nany matter it believes requires their attention.\\n k. Perform such other powers and duties as may be authorized or\\nrequired by the state university trustees by general rules or special\\ndirectives.\\n 1. Make and establish, and from time to time alter and amend, such\\nregulations pertaining to the affairs of its institution, not\\ninconsistent with law or the rules of the state university trustees, as\\nmay be necessary or appropriate to carry out effectively the foregoing\\npowers and duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6005", "title" : "Appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6005", "activeDate" : "2014-09-22", "sequenceNo" : 1429, "repealedDate" : null, "fromSection" : "6005", "toSection" : "6005", "text" : " § 6005. Appropriations. The state university trustees shall maintain\\ngeneral supervision over the requests for appropriations, budget,\\nestimates and expenditures of such college. All moneys received from\\nstate appropriations for such college shall be expended upon vouchers\\napproved by the chancellor of the state university, as the chief\\nadministrative officer of the state university, or by such authority or\\nauthorities in the state university as shall be designated by the\\nchancellor by a rule or written direction filed with the comptroller,\\nwhen and in the manner authorized by the state university trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6006", "title" : "Property to belong to state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6006", "activeDate" : "2014-09-22", "sequenceNo" : 1430, "repealedDate" : null, "fromSection" : "6006", "toSection" : "6006", "text" : " § 6006. Property to belong to state. All lands purchased and other\\nproperty acquired with money appropriated by the state for such college\\nshall be and remain the property of the state. If real property is\\npurchased, the title thereto shall be conveyed to the people of the\\nstate of New York and the sufficiency of such title and the form of\\nconveyance shall be approved by the attorney-general.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6007", "title" : "Tuition; disposition of fees and income", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6007", "activeDate" : "2014-09-22", "sequenceNo" : 1431, "repealedDate" : null, "fromSection" : "6007", "toSection" : "6007", "text" : " § 6007. Tuition; disposition of fees and income. The state university\\ntrustees shall regulate tuition fees and other fees and charges to be\\npaid by students after prior consultation with the board of trustees of\\nthe college. All moneys received for tuition from students, those\\nderived from the sale of the products of property belonging to the state\\nadministered by the college, and from fees and charges or any other\\nsources in the course of the administration of the college,\\nnotwithstanding the provisions of section one hundred twenty-one of the\\nstate finance law, shall be credited to a separate fund and shall be\\nexpended as provided by subdivision four of section three hundred\\nfifty-five of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A123", "title" : "The New York State College of Ceramics At Alfred University", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "123", "activeDate" : "2014-09-22", "sequenceNo" : 1432, "repealedDate" : null, "fromSection" : "6101", "toSection" : "6103", "text" : " ARTICLE 123\\n THE NEW YORK STATE COLLEGE OF CERAMICS\\n AT ALFRED UNIVERSITY\\nSection 6101. College continued; jurisdiction and control.\\n 6102. Administration.\\n 6103. Appropriations and expenditures.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6101", "title" : "College continued; jurisdiction and control", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6101", "activeDate" : "2014-09-22", "sequenceNo" : 1433, "repealedDate" : null, "fromSection" : "6101", "toSection" : "6101", "text" : " § 6101. College continued; jurisdiction and control. The New York\\nState College of Ceramics at Alfred University, established as the state\\nschool of clay-working and ceramics at Alfred university by chapter\\nthree hundred eighty-three of the laws of nineteen hundred, is hereby\\ncontinued under the jurisdiction and control of the state university\\ntrustees, subject to the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6102", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6102", "activeDate" : "2014-09-22", "sequenceNo" : 1434, "repealedDate" : null, "fromSection" : "6102", "toSection" : "6102", "text" : " § 6102. Administration. Such college shall continue to be\\nadministered, as to the establishment of courses of study, the creation\\nof departments and positions, the determination of the number and\\nsalaries of members of the faculty and other employees, the\\napportionment and employment thereof, the maintenance of discipline and\\nas to all matters pertaining to its educational policies, activities and\\noperations, including research work, by Alfred university, as the\\nrepresentative of the state university trustees. All property and\\nequipment acquired for the use of such college shall be the property of\\nthe state. Alfred university shall regulate tuition fees at such\\ncollege after prior consultation with the state university trustees. As\\nthe representative of the state university trustees, Alfred university\\nshall also fix the other fees and charges to be paid by the students of\\nthe college.\\n All moneys received for tuition from students, those derived from the\\nsale of products of property belonging to the state administered by the\\ncollege, and from fees and charges, or any other sources in the course\\nof the administration of the college, notwithstanding the provisions of\\nsection one hundred twenty-one of the state finance law, shall be\\ncredited to a separate fund and shall be expended for the current\\nexpenses of such college and for its benefits in such way as Alfred\\nuniversity, as the representative of the state university trustees, may\\ndetermine. The amounts so received and expended shall be reported\\nannually to the state comptroller.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6103", "title" : "Appropriations and expenditures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6103", "activeDate" : "2014-09-22", "sequenceNo" : 1435, "repealedDate" : null, "fromSection" : "6103", "toSection" : "6103", "text" : " § 6103. Appropriations and expenditures. The state university\\ntrustees shall maintain general supervision over the requests for\\nappropriations, budgets, estimates and expenditures of such college.\\nAll moneys received from state appropriations or derived from other\\nsources in the course of the administration of such college shall be\\nexpended upon vouchers approved by the chancellor of the state\\nuniversity, as the chief administrative officer of the state university,\\nor by such authority or authorities in the state university as shall be\\ndesignated by the chancellor by a rule or written direction filed with\\nthe comptroller, when and in the manner authorized by the state\\nuniversity trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A125", "title" : "City University of New York", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "125", "activeDate" : "2014-09-22", "sequenceNo" : 1436, "repealedDate" : null, "fromSection" : "6201", "toSection" : "6234", "text" : " ARTICLE 125\\n CITY UNIVERSITY OF NEW YORK\\nSection 6201. Legislative findings and intent.\\n 6202. Definitions.\\n 6203. City university of New York.\\n 6204. Board of trustees.\\n 6204-a. College opportunity to prepare for employment.\\n 6205. Liability of board of trustees and liability of city\\n university of New York.\\n 6206. Powers and duties.\\n 6207. Administration of civil service.\\n 6208. Collective negotiation.\\n 6209. Investments in designated obligations; indemnification.\\n 6210. Non-Instructional positions.\\n 6211. College presidents emeriti; appointments, duties,\\n qualifications, salary.\\n 6212. Tenure.\\n 6213. Establishment of collegiate centers.\\n 6214. Retirement systems.\\n 6215. Fees.\\n 6216. State aid.\\n 6218. Contracts and purchases.\\n 6219. Conveyance of property.\\n 6220. Salary schedules in certain public institutions of\\n higher learning.\\n 6221. Financing of the city university of New York.\\n 6222. Admission of non-residents of the city of New York to\\n each community college of the city university.\\n 6223. Deferred education payments.\\n 6224. Claims against city university.\\n 6225. Pending actions and proceedings.\\n 6226. Community college severance provisions.\\n 6227. Reference in provisions relating to retirement.\\n 6228. Transitory provisions.\\n 6229. City university of New York community college budget\\n process.\\n 6230. City university of New York senior college budget\\n process.\\n 6231. Certain payment by the state of New York to the city of\\n New York.\\n 6232. College of Staten Island, New York city technical\\n college and Medgar Evers college programs.\\n 6233. Reports of the city university trustees.\\n 6233-a. Master capital plan.\\n 6234. Perfection of security interests.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6201", "title" : "Legislative findings and intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6201", "activeDate" : "2014-09-22", "sequenceNo" : 1437, "repealedDate" : null, "fromSection" : "6201", "toSection" : "6201", "text" : " § 6201. Legislative findings and intent. 1. The legislature finds\\nthat in order to meet the state's responsibility to provide\\npost-secondary education in New York city beyond the associate degree\\nlevel, as it does elsewhere in the state, there should be full state\\nfunding of senior college operating and debt service. The governance of\\nthe university must reflect increased state responsibility but should\\npreserve the city's participation in the governance of the university it\\ncreated and developed at city expense.\\n 2. The legislature intends that the city university of New York should\\nbe maintained as an independent system of higher education governed by\\nits own board of trustees responsible for the governance, maintenance\\nand development of both senior and community college units of the city\\nuniversity. The university must remain responsive to the needs of its\\nurban setting and maintain its close articulation between senior and\\ncommunity college units. Where possible, governance and operation of\\nsenior and community colleges should be jointly conducted or conducted\\nby similar procedures to maintain the university as an integrated system\\nand to facilitate articulation between units.\\n 3. The legislature's intent is that the city university be supported\\nas an independent and integrated system of higher education on the\\nassumption that the university will continue to maintain and expand its\\ncommitment to academic excellence and to the provision of equal access\\nand opportunity for students, faculty and staff from all ethnic and\\nracial groups and from both sexes.\\n 4. The city university is of vital importance as a vehicle for the\\nupward mobility of the disadvantaged in the city of New York. The\\npioneering efforts of the SEEK and College Discovery programs must not\\nbe diminished as a result of greater state financial responsibility for\\nthe operation of the city and state of New York.\\n 5. Only the strongest commitment to the special needs of an urban\\nconstituency justifies the legislature's support of an independent and\\nunique structure for the university. Activities at the city university\\ncampuses must be undertaken in a spirit which recognizes and responds to\\nthe imperative need for affirmative action and the positive desire to\\nhave city university personnel reflect the diverse communities which\\ncomprise the people of the city and state of New York. In its urban\\nenvironment this commitment should be evident in all the guidelines\\nestablished by the board of trustees for the university's operation,\\nfrom admissions and hiring to contracting for the provision of goods,\\nservices, new construction and facilities rehabilitation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6202", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6202", "activeDate" : "2014-09-22", "sequenceNo" : 1438, "repealedDate" : null, "fromSection" : "6202", "toSection" : "6202", "text" : " § 6202. Definitions. As used in this article, the following terms\\nshall have the following meanings unless the context shall otherwise\\nrequire.\\n 1. The term \"board of trustees\" means the board of trustees of the\\ncity university of New York.\\n 2. The term \"city university\" shall mean the city university of New\\nYork, including each senior college and each community college.\\n 3. The terms \"center\", \"center of instruction\", \"college\", \"college\\nunit\", \"educational unit\" and \"unit\" shall each mean either a senior\\ncollege or a community college or both.\\n 4. The term \"community college\" shall mean an institution of higher\\neducation in the city of New York, which is governed and administered as\\nsuch, by the board of trustees on July first, nineteen hundred\\nseventy-nine, whose primary purpose is providing certificate and\\nassociate degree post secondary programs in general and technical\\neducational subjects, and is receiving financial assistance from the\\nstate as a community college. Article one hundred twenty-six of this\\nchapter shall continue to apply to such institutions but they shall\\nhereafter be governed by the board of trustees in accordance with the\\nprovisions of this article.\\n 5. The term \"senior college\" shall mean an institution of higher\\neducation in the city of New York, which is governed and administered by\\nthe board of trustees, including, but not limited to, a professional or\\ngraduate institution, an institution for research, an administrative\\ninstitution, and, except as otherwise provided, Medgar Evers college,\\nNew York city college of technology (formerly known as \"New York city\\ntechnical college\" and \"New York city community college\"), and the\\ncollege of Staten Island, but not including a community college.\\n 6. The term \"the mayor\" shall mean the mayor of the city of New York.\\n 7. The term \"revised unfunded accrued liability payment\" and the term\\n\"revised unfunded accrued liability contribution,\" when used in relation\\nto the New York city employees' retirement system, shall mean a payment\\nof contribution which is required by the provisions of item (iii) of\\nsubparagraph (a) of paragraph one of subdivision b of section 13-127 of\\nthe administrative code of the city of New York to be made to such\\nretirement system with respect to any fiscal year of the city preceding\\nJuly first, nineteen hundred ninety. Either such term, when used in\\nrelation to the New York city teachers' retirement system, shall mean a\\npayment or contribution which is required by the provisions of\\nsubparagraph (c) of paragraph one of subdivision a of section 13-527 of\\nsuch code to be made to such retirement system with respect to any\\nfiscal year of the city preceding July first, nineteen hundred ninety.\\n 8. The term \"nineteen hundred eighty unfunded accrued liability\\nadjustment,\" when used in relation to the New York city employees'\\nretirement system, shall mean the total amount which is determined\\npursuant to the provisions of items (i), (ii), (iii), (iv) and (v) of\\nsubparagraph (c) of paragraph (3) of subdivision b of section 13-127 of\\nthe administrative code of the city of New York to be the amount to be\\npaid as a charge or applied as a credit, as the case may be, pursuant to\\nthe provisions of subparagraph (b) of paragraph (1) of such subdivision\\nb, with respect to employer contributions to such retirement system for\\nany fiscal year of the city preceding July first, nineteen hundred\\nninety. Such term, when used in relation to the New York city teachers'\\nretirement system, shall mean the total amount which is determined\\npursuant to the provisions of paragraphs (1), (2), (3), (4), (5), (6),\\n(7) and (8) of subdivision e of section 13-527 of such code to be the\\namount to be paid as a charge or applied as a credit, as the case may\\nbe, pursuant to the provisions of paragraph (2) of subdivision a of such\\nsection, with respect to employer contributions to such retirement\\nsystem for any fiscal year of the city preceding July first, nineteen\\nhundred ninety.\\n 8-a. The term \"nineteen hundred eighty-two unfunded accrued liability\\nadjustment,\" when used in relation to the New York city employees'\\nretirement system, shall mean the total amount which is determined\\npursuant to the provisions of item (vi) of subparagraph (c) of paragraph\\nthree of subdivision b of section 13-127 of the administrative code of\\nthe city of New York to be the amount to be applied as a credit pursuant\\nto the provisions of subparagraph (b) of paragraph (1) of such\\nsubdivision b, with respect to employer contributions to such retirement\\nsystem for any fiscal year of the city preceding July first, nineteen\\nhundred ninety. Such term, when used in relation to the New York city\\nteachers' retirement system, shall mean the total amount which is\\ndetermined pursuant to the provisions of paragraph (9) of subdivision e\\nof section 13-527 of such code to be the amount to be applied as a\\ncredit pursuant to the provisions of paragraph two of subdivision a of\\nsuch section, with respect to employer contributions to such retirement\\nsystem for any fiscal year of the city preceding July first, nineteen\\nhundred ninety.\\n 8-b. The term \"NYCERS nineteen hundred eighty-five unfunded accrued\\nliability adjustment attributable to the senior colleges\" shall mean the\\ntotal amount which is determined pursuant to the provisions of sub-items\\n(H), (I), (J) and (J-1) of item (vii) of subparagraph (c) of paragraph\\nthree of subdivision b of section 13-127 of the administrative code of\\nthe city of New York to be the amount to be applied as a credit in favor\\nof the city of New York and the state of New York with respect to their\\nrequired contributions to the contingent reserve fund of the New York\\ncity employees' retirement system for any fiscal year of the city\\npreceding July first, nineteen hundred ninety.\\n 8-c. The term \"NYCTRS nineteen hundred eighty-five unfunded accrued\\nliability adjustment\" shall mean the total amount which is determined\\npursuant to the provisions of paragraph ten of subdivision e of section\\n13-527 of the administrative code of the city of New York to be the\\namount to be applied as a credit, pursuant to the provisions of\\nsubparagraph c-1 of paragraph two of subdivision a of such section\\n13-527, with respect to employer contributions to the New York city\\nteachers' retirement system for fiscal years of the city preceding July\\nfirst, nineteen hundred ninety.\\n 8-d. The term \"NYCTRS nineteen hundred eighty-six unfunded accrued\\nliability adjustment\" shall mean the total amount which is determined\\npursuant to the provisions of paragraph eleven of subdivision e of\\nsection 13-527 of the administrative code of the city of New York to be\\nthe amount to be applied as a credit, pursuant to the provisions of\\nsubparagraph c-2 of paragraph two of subdivision a of such section\\n13-527, with respect to employer contributions to the New York city\\nteachers' retirement system for fiscal years of the city preceding July\\nfirst, nineteen hundred ninety.\\n 8-e. The term \"New York city employees' retirement system nineteen\\nhundred eighty-eight unfunded accrued liability adjustment attributable\\nto the senior colleges\" shall mean the amount which is determined\\npursuant to the provision of subdivisions j, k, l and m of section\\n13-638.1 of the administrative code of the city of New York to be the\\namount to be paid as a charge by, or applied as credit in favor of (as\\nthe case may be), the city of New York and the state of New York,\\npursuant to the provisions of subdivisions r and s of such section, with\\nrespect to their required contributions to the contingent reserve fund\\nof the New York city employees' retirement system for any fiscal year of\\nthe city preceding July first, nineteen hundred ninety.\\n 8-f. The term \"New York city teachers' retirement system nineteen\\nhundred eighty-eight unfunded accrued liability adjustment attributable\\nto the senior colleges\" shall mean the amount which is determined\\npursuant to the provisions of subdivisions n, o, p and q of section\\n13-638.1 of the administrative code of the city of New York to be the\\namount to be paid as a charge by, or applied as a credit in favor of (as\\nthe case may be), the city of New York and the state of New York,\\npursuant to the provisions of subdivisions r and s of such section, with\\nrespect to their required contributions to the contingent reserve fund\\nof the New York city teachers' retirement system for fiscal years of the\\ncity preceding July first, nineteen hundred ninety.\\n 8-g. The term \"NYCERS post-June thirtieth, nineteen hundred ninety\\nunfunded accrued liability adjustment attributable to the senior\\ncolleges\" shall mean any amount which, pursuant to subdivision k of\\nsection 13-638.2 of the administrative code of the city of New York, is\\nrequired to be paid as a charge by, or applied as a credit in favor of\\n(as the case may be) the city of New York and the state of New York with\\nrespect to their required contributions, for fiscal years of the city\\nsucceeding June thirtieth, nineteen hundred ninety, to the contingent\\nreserve fund of the New York city employees' retirement system in\\nrelation to the senior colleges.\\n 8-h. The term \"NYCTRS post-June thirtieth, nineteen hundred ninety\\nunfunded accrued liability adjustment attributable to the senior\\ncolleges\" shall mean any amount which, pursuant to subdivision k of\\nsection 13-638.2 of the administrative code of the city of New York, is\\nrequired to be paid as a charge by, or applied as a credit in favor of\\n(as the case may be) the city of New York and the state of New York with\\nrespect to their required contributions, for fiscal years of the city\\nsucceeding June thirtieth, nineteen hundred ninety, to the contingent\\nreserve fund of the New York city teachers' retirement system in\\nrelation to the senior colleges.\\n 8-i. The term \"NYCERS phase-in installment of nineteen hundred ninety\\nconsolidated UAL contribution attributable to the senior colleges\" shall\\nmean any phase-in installment defined in paragraph thirty of subdivision\\na of section 13-638.2 of the administrative code of the city of New\\nYork.\\n 8-j. The term \"NYCERS regular installment of nineteen hundred ninety\\nconsolidated UAL contribution attributable to the senior colleges\" shall\\nmean any regular installment defined in paragraph forty of subdivision a\\nof section 13-638.2 of the administrative code of the city of New York.\\n 8-k. The term \"NYCTRS phase-in installment of nineteen hundred ninety\\nconsolidated UAL contribution attributable to the senior colleges\" shall\\nmean any phase-in installment defined in paragraph thirty-two of\\nsubdivision a of section 13-638.2 of the administrative code of the city\\nof New York.\\n 8-l. The term \"NYCTRS regular installment of nineteen hundred ninety\\nconsolidated UAL contribution attributable to the senior colleges\" shall\\nmean any regular installment defined in paragraph forty-one of\\nsubdivision a of section 13-638.2 of the administrative code of the city\\nof New York.\\n 8-m. The term \"NYCERS installment of nineteen hundred ninety BSL\\ncontribution attributable to the senior colleges\" shall mean any\\ninstallment defined in paragraph forty-six of subdivision a of section\\n13-638.2 of the administrative code of the city of New York.\\n 8-n. The term \"NYCTRS installment of nineteen hundred ninety BSL\\ncontribution attributable to the senior colleges\" shall mean any\\ninstallment defined in paragraph forty-eight of subdivision a of section\\n13-638.2 of the administrative code of the city of New York.\\n 8-o. The term \"contributions for twenty-year amortization of nineteen\\nhundred ninety senior college consolidated UAL and senior college\\nremainder of BSL\" shall mean all of the installments of contribution and\\ncontributions referred to in subdivisions 8-i to 8-n, inclusive, of this\\nsection which are required to be paid by the city and the state during\\nthe applicable twenty-year amortization period pursuant to section\\nsixty-two hundred thirty-one of this article and the applicable\\nprovisions of subdivision bb of section 13-638.2 of the administrative\\ncode of the city of New York.\\n 9. The term \"balance sheet liability contribution\", when used in\\nrelation to the New York city employees' retirement system, shall mean a\\npayment of contribution which is required by the provisions of item (iv)\\nof subparagraph (a) of paragraph one of subdivision b of section 13-127\\nof the administrative code of the city of New York to be made to such\\nretirement system with respect to any fiscal year of the city preceding\\nJuly first, nineteen hundred ninety. Such term, when used in relation to\\nthe New York city teachers' retirement system, shall mean a payment of\\ncontribution which is required by the provisions of subparagraph (d) of\\nparagraph one of subdivision a of section 13-527 of such code to be made\\nto such retirement system with respect to any fiscal year of such city\\npreceding July first, nineteen hundred ninety.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6203", "title" : "City university of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6203", "activeDate" : "2014-09-22", "sequenceNo" : 1439, "repealedDate" : null, "fromSection" : "6203", "toSection" : "6203", "text" : " § 6203. City university of New York. The separate and distinct body\\ncorporate designated as the board of higher education in the city of New\\nYork shall be continued and shall hereinafter be known as the city\\nuniversity of New York. The city university shall have the powers and\\nprivileges of colleges and shall be subject to the visitation of the\\nregents of the university of the state of New York. The city university\\nshall have the care, custody, control, and management of the lands,\\ngrounds, buildings, facilities and equipment used for the purposes of\\nthe educational units of the city university and it shall have the power\\nto protect, preserve and improve the same. Each existing unit of the\\ncity university shall be given an appropriate and distinctive\\ndesignation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6204", "title" : "Board of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6204", "activeDate" : "2014-09-22", "sequenceNo" : 1440, "repealedDate" : null, "fromSection" : "6204", "toSection" : "6204", "text" : " § 6204. Board of trustees. 1. The board of trustees shall govern and\\nadminister the city university. The control of the educational work of\\nthe city university shall rest solely in the board of trustees which\\nshall govern and administer all educational units of the city\\nuniversity.\\n 2. Structure of the board of trustees:\\n (a) The board of trustees shall consist of seventeen trustees. Ten of\\nthe trustees shall be appointed by the governor with the advice and\\nconsent of the senate. Five of the trustees shall be appointed by the\\nmayor of the city of New York with the advice and consent of the senate.\\nOne ex-officio trustee shall be the chairperson of the university\\nstudent senate. One ex-officio non-voting trustee shall be the\\nchairperson of the university faculty senate.\\n (b) The ex-officio trustees shall be afforded the same parliamentary\\nprivileges as are conferred upon the appointed trustees. The ex-officio\\ntrustees shall be subject to every provision of any general, special or\\nlocal law, ordinance, charter, code, rule or regulation applying to the\\nappointed trustees of the board with respect to the discharge of their\\nduties including, but not limited to, those provisions setting forth\\ncodes of ethics, disclosure requirements and prohibiting business and\\nprofessional activities. The chair of the university faculty senate\\nshall not participate as a voting trustee in any matter.\\n (c) Except as provided in subparagraphs (i), (ii) and (iii) of this\\nparagraph, the term of office of each appointed trustee shall be seven\\nyears renewable solely for one additional term of seven years.\\n (i) The members of the board of higher education in the city of New\\nYork shall be and constitute the members of the board of trustees for\\nthe period beginning July first, nineteen hundred seventy-nine and\\nending December thirty-first, nineteen hundred seventy-nine.\\n (ii) Effective January first, nineteen hundred eighty, the governor\\nshall appoint one trustee to a term which expires on June thirtieth,\\nnineteen hundred eighty, two trustees to terms which expire on June\\nthirtieth, nineteen hundred eighty-one, one trustee to a term which\\nexpires on June thirtieth, nineteen hundred eighty-two, two trustees to\\nterms which expire on June thirtieth, nineteen hundred eighty-three, one\\ntrustee to a term which expires on June thirtieth, nineteen hundred\\neighty-four, two trustees to terms which expire on June thirtieth,\\nnineteen hundred eighty-five, and one trustee to a term which expires on\\nJune thirtieth, nineteen hundred eighty-six. Upon expirations of these\\nterms, the governor shall appoint trustees to full seven year terms.\\n (iii) Effective January first, nineteen hundred eighty, the mayor\\nshall appoint one trustee to a term which expires on June thirtieth,\\nnineteen hundred eighty, one trustee to a term which expires on June\\nthirtieth, nineteen hundred eighty-two, one trustee to a term which\\nexpires on June thirtieth, nineteen hundred eighty-three, one trustee to\\na term which expires on June thirtieth, nineteen hundred eighty-five,\\nand one trustee to a term which expires on June thirtieth, nineteen\\nhundred eighty-six. Upon expiration of the terms the mayor shall\\nappoint trustees to full seven year terms.\\n (d) A chairperson and a vice chairperson of the board of trustees\\nshall be appointed by and shall serve at the pleasure of the governor.\\n (e) At least four of the trustees initially appointed by the governor\\nand two of the trustees initially appointed by the mayor pursuant to\\nthis subdivision shall be selected from among the persons serving on the\\nboard of higher education in the city of New York, on and after January\\nfirst, nineteen hundred seventy-nine.\\n (f) The five trustees appointed by the mayor shall include at least\\none resident of each of the five boroughs of the city of New York.\\n (g) The trustees appointed by the governor shall include at least one\\nresident of each of the five boroughs of the city of New York.\\n (h) The trustees appointed by the mayor shall include at least one\\nalumnus of an educational unit in the city university. The trustees\\nappointed by the governor shall include at least two alumnae of an\\neducational unit in the city university including at least one other\\nalumnus of a community college.\\n (i) In the event of a vacancy occurring in the office of trustee by\\ndeath, resignation or otherwise, a successor shall be chosen in the same\\nmanner as was the trustee whose office became vacant, to serve for the\\nbalance of the term.\\n (j) Any trustee appointed by the governor may be removed by the\\ngovernor and any trustee appointed by the mayor may be removed by the\\nmayor. Removal of a trustee by the governor or the mayor shall be upon\\nproof of (i) official misconduct or neglect of official duties; or (ii)\\nmental or physical inability to perform his duties. Before the removal\\nof a trustee, the trustee shall receive due and timely written notice of\\nthe charges and a copy of the charges. The trustee shall be entitled to\\na hearing on the charges pursuant to due and timely notice before the\\ngovernor or the mayor, as the case may be, and to the assistance of\\ncounsel on such hearing.\\n (k) Trustees shall receive no compensation for their services but\\nshall be reimbursed for their actual and necessary expenses incurred by\\nthem in the performance of their duties under this article.\\n 3. Meetings of the board of trustees. (a) The by-laws of the board of\\ntrustees shall provide for regular meetings. At least seven days notice\\nof every regular meeting and a copy of the agenda for that meeting shall\\nbe mailed to the usual address of each trustee. Resolutions for the\\nconsideration of the board of trustees must be mailed to the usual\\naddress of each trustee no less than seven days prior to a meeting,\\nunless the chair shall make available in writing on the day of the\\nmeeting the facts which necessitate an immediate vote. The agendas for\\nsuch meetings shall be available electronically on the city university\\nof New York website three days prior to the meetings unless an executive\\ncommittee meeting has been called in which an agenda must be available\\ntwenty-four hours in advance, and shall be considered public records. A\\nsummary of resolutions and board actions for any such meeting of the\\nboard of trustees shall be electronically available on the city\\nuniversity of New York website no later than seven days after the\\nmeeting and shall be considered public records. The approved minutes,\\nattendance, voting record, and either transcripts or video record for\\nany such meeting must be posted no later than seven days following their\\napproval by the board. Information posted on the city university of New\\nYork website regarding board of trustee meetings shall remain on the\\nsite as archived data for a minimum of ten years. All meetings shall be\\nheld in accordance with article seven of the public officers law.\\n (b) The chairperson, the vice chairperson or any five trustees acting\\nby petition, may at any time call a special meeting of the board of\\ntrustees and fix the time and place therefor. Each trustee shall receive\\ntelephonic or written notice of a special meeting at least twenty-four\\nhours prior to the special meeting. An agenda for such meeting,\\nincluding meetings of any committees and subcommittees under the purview\\nof the board of trustees, shall be available electronically on the city\\nuniversity of New York website twenty-four hours prior to the special\\nmeeting of the board and shall be considered a public record. A summary\\nof resolutions and board actions for any such meeting of the board of\\ntrustees shall be electronically available on the city university of New\\nYork website no later than seven days after the meeting and shall be\\nconsidered a public record. The approved minutes, attendance, voting\\nrecord, and either transcripts or video record for any such meeting must\\nbe posted no later than seven days following their approval by the\\nboard. Information posted on the city university of New York website\\nregarding board of trustee meetings shall remain on the site as archived\\ndata for a minimum of ten years. Any such meeting of the board of\\ntrustees shall be conducted in accordance with article seven of the\\npublic officers law.\\n (c) Nine trustees attending a meeting shall constitute a quorum for\\nthe transaction of business by the board of trustees.\\n (d) (i) The board of trustees shall hold at least one public hearing\\neach year in each of the five boroughs of the city of New York. The\\npurpose of such hearing shall be to receive testimony and statements\\nfrom concerned individuals about university issues.\\n (ii) The board of trustees shall fix the time, place, duration and\\nformat of each hearing.\\n (iii) At least thirty days notice of the hearing shall be given by the\\nchairperson of the board of trustees to all of the trustees, to all\\npresidents of educational units, to the chair of faculty-senate bodies\\nof educational units, to all student government presidents of\\neducational units, to the borough president, the members of the city\\ncouncil, the members of the board of estimate, the local community\\nboards of the borough where the hearing is to be held and to the media.\\nThe notice shall contain the time, place and date of the public hearing.\\nSuch information shall be made electronically available on the city\\nuniversity of New York website. Any such meeting of the board of\\ntrustees shall be conducted in accordance with article seven of the\\npublic officers law.\\n (iv) At least three trustees shall attend each hearing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6204-A", "title" : "College opportunity to prepare for employment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6204-A", "activeDate" : "2014-09-22", "sequenceNo" : 1441, "repealedDate" : null, "fromSection" : "6204-A", "toSection" : "6204-A", "text" : " § 6204-a. College opportunity to prepare for employment. 1. The city\\nuniversity is authorized to enter into an agreement with the department\\nof social services for the establishment of the college opportunity to\\nprepare for employment (COPE) program for the development of a program\\nof allowable activities and services for eligible participants in the\\nfederal job opportunity and basic skills (JOBS) program.\\n 2. The city university shall identify such funds as necessary,\\nincluding any private funds provided for the purpose of supporting\\nemployment and training services, to be used on a matching basis\\nconsistent with federal requirements.\\n 3. Services may include, but are not limited to, high school\\nequivalency, basic education, job skills training, English-as-a-second\\nlanguage, job readiness training, job placement services, case\\nmanagement, career counseling and assessment, employability planning,\\nsupportive services such as child care, and a youth demonstration\\nactivity providing an integrated program of high school equivalency,\\noccupational training, work experience, and job placement.\\n 4. The city university shall submit an annual evaluation and report on\\nthe college opportunity to prepare for employment program to the\\ngovernor, the speaker of the assembly, the temporary president of the\\nsenate, the chairman of the assembly ways and means committee, the\\nchairman of the senate finance committee, and the chair of the\\nlegislative commission on skills development and career education no\\nlater than October thirty-first following the program year ending June\\nthirtieth. The evaluation and report shall include, at a minimum, a\\ndescription of services provided, participant characteristics, data on\\nmeasures of educational and job skills gains, job development and\\nplacement, and retention.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6205", "title" : "Liability of board of trustees and liability of city university of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6205", "activeDate" : "2014-09-22", "sequenceNo" : 1442, "repealedDate" : null, "fromSection" : "6205", "toSection" : "6205", "text" : " § 6205. Liability of board of trustees and liability of city\\nuniversity of New York. 1. The state shall save harmless and indemnify\\nmembers of the board of trustees and any duly appointed member of the\\nteaching or supervising staff, officer or employee, and a student\\nserving on a university or college body or committee which is composed\\nof a majority of faculty, administration and trustees, of the senior\\ncolleges under the jurisdiction of such board pursuant to section\\nseventeen of the public officers law against any claim, demand, suit or\\njudgment arising by reason of any act or omission to act by such person\\noccurring in the discharge of his duties and within the scope of his\\nservice on behalf of such university.\\n 2. (a) As used in this subdivision, the term (i) \"employee\" shall mean\\nany person holding a position by appointment or employment at a\\ncommunity college under the jurisdiction of the board of trustees,\\nwhether or not compensated, or a volunteer expressly authorized to\\nparticipate in a sponsored volunteer program of such community colleges,\\nand a student serving on a community college body or committee composed\\nof a majority of faculty, administration and trustees, but shall not\\ninclude an independent contractor. The term employee shall include a\\nformer employee, his estate or judicially appointed personal\\nrepresentative; (ii) \"comptroller\" shall mean the comptroller of the\\ncity of New York; and (iii) \"corporation counsel\" shall mean the\\ncorporation counsel of the city of New York.\\n (b) Upon compliance by the employee with the provisions of paragraph\\n(i) of this subdivision, the city of New York shall provide for the\\ndefense of the employee in any civil action or proceeding in any state\\nor federal court arising out of any alleged act or omission which\\noccurred or is alleged in the complaint to have occurred while the\\nemployee was acting within the scope of his public employment or duties,\\nor which is brought to enforce a provision of section nineteen hundred\\neighty-one or nineteen hundred eighty-three of title forty-two of the\\nUnited States code. This duty to provide for a defense shall not arise\\nwhere such civil action or proceeding is brought by or on behalf of the\\ncity of New York.\\n (c) Subject to the conditions set forth in paragraph (b) of this\\nsubdivision, the employee shall be entitled to be represented by the\\ncity of New York provided, however, that the employee shall be entitled\\nto representation by private counsel of his choice in any civil judicial\\nproceeding whenever the corporation counsel of the city of New York\\ndetermines based upon his investigation and review of the facts and\\ncircumstances of the case that representation by the corporation counsel\\nwould be inappropriate, or whenever a court of competent jurisdiction,\\nupon appropriate motion or by a special proceeding, determines that a\\nconflict of interest exists and that the employee is entitled to be\\nrepresented by private counsel of his choice. The corporation counsel\\nshall notify the employee in writing of such determination that the\\nemployee is entitled to be represented by private counsel. The\\ncorporation counsel may require, as a condition to payment of the fees\\nand expenses of such representation, that appropriate groups of such\\nemployees be represented by the same counsel. If the employee or group\\nof employees is entitled to representation by private counsel under the\\nprovisions of this subdivision, the corporation counsel shall so certify\\nto the comptroller of the city of New York. Reasonable attorneys' fees\\nand litigation expenses shall be paid by the city of New York to such\\nprivate counsel from time to time during the pendency of the civil\\naction or proceeding subject to certification that the employee is\\nentitled to representation under the terms and conditions of this\\nsubdivision by the board of trustees of the city university and upon the\\naudit and warrant of the comptroller. Any dispute with respect to\\nrepresentation of multiple employees by a single counsel or the amount\\nof litigation expenses or the reasonableness of attorneys' fees shall be\\nresolved by the court upon motion or by way of a special proceeding.\\n (d) Where the employee delivers process and a request for a defense to\\nthe corporation counsel as required by paragraph (i) of this\\nsubdivision, the corporation counsel shall take the necessary steps\\nincluding the retention of private counsel under the terms and\\nconditions provided in paragraph (c) of this subdivision, on behalf of\\nthe employee to avoid entry of a default judgment pending resolution of\\nany question pertaining to the obligation to provide for a defense.\\n (e) The city of New York shall indemnify and save harmless employees\\nof the community colleges of the city university in the amount of any\\njudgment obtained against such employees in any state or federal court,\\nor in the amount of any settlement of a claim, provided that the act or\\nomission from which such judgment or settlement arose, occurred while\\nthe employee was acting within the scope of his public employment or\\nduties; the duty to indemnify and save harmless prescribed by this\\nsubdivision shall not arise where the injury or damage resulted from\\nintentional wrongdoing or recklessness on the part of the employee.\\n (f) An employee represented by private counsel shall cause to be\\nsubmitted to the board of trustees any proposed settlement which may be\\nsubject to indemnification by the city of New York and if not\\ninconsistent with the provisions of this subdivision the board of\\ntrustees shall certify such settlement and submit such settlement and\\ncertification to the corporation counsel. The corporation counsel shall\\nreview such proposed settlement as to form and amount, and shall give\\nhis approval if in his judgment the settlement is in the best interest\\nof the city of New York. Nothing in this subdivision shall be construed\\nto authorize the city of New York to indemnify or save harmless an\\nemployee with respect to a settlement not so reviewed and approved by\\nthe board of trustees.\\n (g) Nothing in this subdivision shall authorize the city of New York\\nto indemnify and save harmless an employee with respect to punitive or\\nexemplary damages, fines or penalties, or money recovered from an\\nemployee pursuant to article seven-A of the state finance law.\\n (h) Upon entry of a final judgment against the employee, or upon the\\nsettlement of the claim, the employee shall cause to be served a copy of\\nsuch judgment or settlement, personally or by certified or registered\\nmail within thirty days of the date of entry or settlement, upon the\\nboard of trustees; and if not inconsistent with the provisions of this\\nsubdivision, such judgment or settlement shall be certified for payment\\nby the board of trustees of the city university. If the corporation\\ncounsel concurs in such certification, the judgment or settlement shall\\nbe paid upon audit and warrant of the comptroller.\\n (i) The duty to defend or indemnify and save harmless prescribed by\\nthis subdivision shall be conditioned upon (1) delivery to the\\ncorporation counsel at his main business office in the city of New York\\nby the employee of the original or a copy of any summons, complaint,\\nprocess, notice, demand or pleading within five days after he is served\\nwith such document, and (2) the full cooperation of the employee in the\\ndefense of such action or proceeding and in defense of any action or\\nproceeding against the city university or city of New York based upon\\nthe same act or omission, and in the prosecution of any appeal. Such\\ndelivery shall be deemed a request by the employee that the board of\\ntrustees provide for his defense pursuant to this subdivision.\\n (j) The benefits of this subdivision shall inure only to employees as\\ndefined herein and shall not enlarge or diminish the rights of any other\\nparty nor shall any provision of this subdivision be construed to\\naffect, alter or repeal any provision of the workers' compensation law.\\n (k) This subdivision shall not in any way affect the obligation of any\\nclaimant to serve notice of the claim upon the city of New York pursuant\\nto any other provision of law.\\n (l) The provisions of this subdivision shall not be construed to\\nimpair, alter, limit or modify the rights and obligations of any insurer\\nunder any policy of insurance.\\n (m) The provisions of this subdivision shall apply to all actions and\\nproceedings pending upon the effective date thereof or thereafter\\ninstituted.\\n (n) Except as otherwise specifically provided in this subdivision, the\\nprovisions of this subdivision shall not be construed in any way to\\nimpair, alter, limit, modify, abrogate or restrict any immunity\\navailable to or conferred upon any unit, entity, officer or employee of\\nthe city of New York or any other level of government, or any right to\\ndefense or indemnification provided for any governmental officer and/or\\nemployee by, in accordance with, or by reason of, any other provision of\\nstate or federal statutory or common law.\\n (o) If any provision of this subdivision or the application thereof to\\nany person or circumstance be held unconstitutional or invalid in whole\\nor in part by any court of competent jurisdiction, such holding of\\nunconstitutionality or invalidity shall in no way affect or impair any\\nother provision of this subdivision or the application of any such\\nprovision to any other person or circumstance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6206", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-04-24", "2015-11-27", "2015-12-18", "2016-04-08", "2016-07-08", "2017-04-21", "2017-07-21", "2017-08-18", "2018-04-20", "2018-06-08", "2019-04-19", "2019-07-05", "2019-07-19", "2020-04-24", "2021-01-01", "2021-03-26", "2021-04-23", "2021-11-12", "2021-11-19", "2022-02-04", "2022-04-15", "2022-07-08", "2022-12-16", "2023-05-12", "2023-10-27", "2024-04-26", "2024-05-31", "2024-07-05", "2024-11-29", "2025-11-28", "2025-12-12", "2026-02-27", "2026-03-13", "2026-06-05" ], "docLevelId" : "6206", "activeDate" : "2014-09-22", "sequenceNo" : 1443, "repealedDate" : null, "fromSection" : "6206", "toSection" : "6206", "text" : " § 6206. Powers and duties. 1. The board of trustees shall have the\\nduties and powers of trustees of colleges as set forth in this chapter,\\nunless otherwise specifically provided in this chapter.\\n 2. On or before February first, nineteen hundred eighty or six months\\nafter their assuming their functions, whichever occurs later, the board\\nof trustees shall transmit to the governor, to the mayor, to the\\ntemporary president of the senate and to the speaker of the assembly a\\nstatus report concerning the functioning, the goals and the needs of the\\ncity university. Included in the status report shall be such\\nrecommendations as the board of trustees sees fit to make in regard to\\nthe following topics.\\n a. Description of curricula and plans for maintenance of and\\nadjustments to curricula;\\n b. Description of the conditions, appropriateness and adequacy of\\nfacilities and plans to remedy deficiencies;\\n c. Description of policies with respect to student admissions; and\\n d. Desired and potential student enrollments, including the\\njustification of the projections.\\n 3. a. The board of trustees shall, once every four years, formulate a\\nlong-range city university plan or general revision thereof and make\\nrecommendations to the board of regents, for the organization,\\ndevelopment and coordination of the city university. The plan and\\nrecommendations shall include but not be limited to the following:\\n (1) Plans for new curricula,\\n (2) Plans for new facilities,\\n (3) Plans for change in policies with respect to student admissions,\\n (4) Potential student enrollments,\\n (5) Comments upon its relationship to other colleges and universities,\\npublic and private, within the state, and\\n (6) For informational purposes only, projection standards and overall\\nexpenditure projections of capital and operating costs.\\n The plan shall be in such form as to provide a basis for the\\ndevelopment of the regents statewide plan for higher education as\\ndefined in section two hundred thirty-seven of this chapter. Prior to\\ntransmitting their long-range plan or general revisions thereof to the\\nboard of regents, to the temporary president of the senate, and to the\\nspeaker of the assembly, the board of trustees shall, after giving due\\nnotice, conduct one or more hearings on such plan.\\n b. During the calendar year nineteen hundred eighty and each fourth\\nyear thereafter the board of trustees shall transmit their proposed plan\\nor general revisions thereof to the board of regents, on or before the\\nfirst day of June in each such year. Such plan shall be reviewed by the\\nboard of regents and shall be subject to approval by such board. As\\napproved by the board of regents and incorporated into the regents plan\\nor general revision thereof for the development of higher education in\\nthe state and, upon approval thereafter by the governor, such plan shall\\nguide and determine the development, organization and coordination of\\nthe city university.\\n c. By the first day of June in nineteen hundred eighty-two and each\\nfourth year thereafter, the board of trustees shall report in writing to\\nthe board of regents, a copy of which report shall be furnished to the\\ntemporary president of the senate, and the speaker of the assembly, the\\nmayor and the president of the city council for information and comment,\\non the progress made in carrying out its responsibilities under such\\nplan and its general recommendations with respect to the city university\\nor its component colleges or other institutions in the city of New York\\nincluding recommendations as to modifications of such plan which the\\nboard of trustees deems essential to meet the then current demands upon\\npublic higher education in the city of New York. The board of trustees\\nmay also at any other time propose modifications which it deems\\nessential or desirable with respect to such plan. The board of trustees\\nmay, after giving due notice, conduct one or more hearings on such\\nmodifications and shall transmit its recommendations therefor to the\\nboard of regents, to the temporary president of the senate, the speaker\\nof the assembly, the mayor and the president of the city council for\\ninformation and comment. Such modifications shall be subject to approval\\nby the regents and thereafter by the governor in the same manner as such\\nplan or general revisions thereof.\\n 4. When a proposed plan or general revision thereof contains a\\nproposal providing for the termination or merger of a senior college or\\ncommunity college so that such college ceases to exist as a separate\\neducational institution that provision of a proposed plan or general\\nrevision shall also be subject to the approval of the legislature.\\n 5. The board of trustees shall select and acquire or cause to be\\nacquired all new sites hereafter to be designated for the purposes of\\nthe city university and procure and pass upon all plans for buildings on\\nnewly acquired sites, shall supervise their erection, shall organize\\ntheir faculties, shall approve and administer their courses leading to\\nacademic, professional and technical certificates, diplomas and degrees,\\nshall appoint their officers of administration and instruction, shall\\nprepare all their budgets and shall generally control and administer all\\npublic education in the colleges and institutions of which the city\\nuniversity is composed in such city, except the teacher training courses\\nwhich are now conducted by the board of education of such city. The\\nboard of trustees shall appoint the chancellor of the city university\\nwho shall be the chief educational and administrative officer of the\\ncity university and who shall serve at the pleasure of the board of\\ntrustees.\\n 6. The board of trustees shall control and keep up the buildings and\\ngrounds occupied and used by institutions and units controlled by it;\\nallow and regulate the use, gratuitously or otherwise, of such property\\nfor other than college or university purposes and prescribe the fees, if\\nany, that persons, associations or corporations allowed to use it may\\ncharge; purchase materials, services, equipment and supplies. But the\\nboard of trustees shall not sell, transfer or otherwise dispose of land\\nand buildings purchased by city funds used for the community colleges of\\nthe city university. It may, however, accept and administer for college\\nor university purposes, gifts of land, bequests, trusts, devises, money\\nand buildings from private sources and erect buildings on college or\\nuniversity land out of money not furnished by the city or the state; and\\ngifts of money, endowments, fees, interest and other income not derived\\nfrom public taxation or the public credit shall be administered by it\\nfor collegiate or university purposes in connection with the units under\\nits control.\\n 7. * (a) The board of trustees shall establish positions,\\ndepartments, divisions and faculties; appoint and in accordance with the\\nprovisions of law fix salaries of instructional and non-instructional\\nemployees therein; establish and conduct courses and curricula;\\nprescribe conditions of student admission, attendance and discharge; and\\nshall have the power to determine in its discretion whether tuition\\nshall be charged and to regulate tuition charges, and other\\ninstructional and non-instructional fees and other fees and charges at\\nthe educational units of the city university. The trustees shall review\\nany proposed community college tuition increase and the justification\\nfor such increase. The justification provided by the community college\\nfor such increase shall include a detailed analysis of ongoing operating\\ncosts, capital, debt service expenditures, and all revenues. The\\ntrustees shall not impose a differential tuition charge based upon need\\nor income. All students enrolled in programs leading to like degrees at\\nthe senior colleges shall be charged a uniform rate of tuition, except\\nfor differential tuition rates based on state residency, provided,\\nhowever, that:\\n (i) Commencing with the two thousand eleven--two thousand twelve\\nacademic year and ending in the two thousand fifteen--two thousand\\nsixteen academic year, the city university of New York board of trustees\\nshall be empowered to increase the resident undergraduate rate of\\ntuition by not more than three hundred dollars over the resident\\nundergraduate rate of tuition adopted by the board of trustees in the\\nprior academic year, provided however that if the annual resident\\nundergraduate rate of tuition would exceed five thousand dollars, then a\\ntuition credit for each eligible student, as determined and calculated\\nby the New York state higher education services corporation pursuant to\\nsection six hundred eighty-nine-a of this chapter, shall be applied\\ntoward the tuition charged for each semester, quarter or term of study.\\nTuition for each semester, quarter or term of study shall not be due for\\nany student eligible to receive such tuition credit until the tuition\\ncredit is calculated and applied against the tuition charged for the\\ncorresponding semester, quarter or term.\\n (ii) On or before November thirtieth, two thousand eleven, the\\ntrustees shall approve and submit to the chairs of the assembly ways and\\nmeans committee and the senate finance committee and to the director of\\nthe budget a master tuition plan setting forth the tuition rates that\\nthe trustees propose for resident undergraduate students for the five\\nyear period commencing with the two thousand eleven--two thousand twelve\\nacademic year and ending in the two thousand fifteen--two thousand\\nsixteen academic year, and shall submit any proposed amendments to such\\nplan by November thirtieth of each subsequent year thereafter through\\nNovember thirtieth, two thousand fifteen.\\n (iii) The state shall appropriate annually and make available state\\nsupport for operating expenses, including fringe benefits, for the city\\nuniversity in an amount not less than the amount appropriated and made\\navailable to the city university in state fiscal year two thousand\\neleven--two thousand twelve. Beginning in state fiscal year two thousand\\ntwelve--two thousand thirteen and thereafter, the state shall\\nappropriate and make available state support for operating expenses,\\nincluding fringe benefits, for the city university in an amount not less\\nthan the amount appropriated and made available in the prior state\\nfiscal year; provided, however, that if the governor declares a fiscal\\nemergency, and communicates such emergency to the temporary president of\\nthe senate and speaker of the assembly, state support for operating\\nexpenses of the state university and city university may be reduced in a\\nmanner proportionate to one another, and the aforementioned provisions\\nshall not apply.\\n * NB Effective until July 1, 2016\\n * (a) The board of trustees shall establish positions, departments,\\ndivisions and faculties; appoint and in accordance with the provisions\\nof law fix salaries of instructional and non-instructional employees\\ntherein; establish and conduct courses and curricula; prescribe\\nconditions of student admission, attendance and discharge; and shall\\nhave the power to determine in its discretion whether tuition shall be\\ncharged and to regulate tuition charges, and other instructional and\\nnon-instructional fees and other fees and charges at the educational\\nunits of the city university. The trustees shall review any proposed\\ncommunity college tuition increase and the justification for such\\nincrease. The justification provided by the community college for such\\nincrease shall include a detailed analysis of ongoing operating costs,\\ncapital, debt service expenditures, and all revenues. The trustees shall\\nnot impose a differential tuition charge based upon need or income. All\\nstudents enrolled in programs leading to like degrees at the senior\\ncolleges shall be charged a uniform rate of tuition, except for\\ndifferential tuition rates based on state residency. The trustees shall\\nfurther provide that the payment of tuition and fees by any student who\\nis not a resident of New York state, other than a non-immigrant alien\\nwithin the meaning of paragraph (15) of subsection (a) of section 1101\\nof title 8 of the United States Code, shall be paid at a rate or charge\\nno greater than that imposed for students who are residents of the state\\nif such student:\\n (i) attended an approved New York high school for two or more years,\\ngraduated from an approved New York high school and applied for\\nattendance at an institution or educational unit of the city university\\nwithin five years of receiving a New York state high school diploma; or\\n (ii) attended an approved New York state program for general\\nequivalency diploma exam preparation, received a general equivalency\\ndiploma issued within New York state and applied for attendance at an\\ninstitution or educational unit of the city university within five years\\nof receiving a general equivalency diploma issued within New York state;\\nor\\n (iii) was enrolled in an institution or educational unit of the city\\nuniversity in the fall semester or quarter of the two thousand one--two\\nthousand two academic year and was authorized by such institution or\\neducational unit to pay tuition at the rate or charge imposed for\\nstudents who are residents of the state.\\n A student without lawful immigration status shall also be required to\\nfile an affidavit with such institution or educational unit stating that\\nthe student has filed an application to legalize his or her immigration\\nstatus, or will file such an application as soon as he or she is\\neligible to do so. The trustees shall not adopt changes in tuition\\ncharges prior to the enactment of the annual budget. The board of\\ntrustees may accept as partial reimbursement for the education of\\nveterans of the armed forces of the United States who are otherwise\\nqualified such sums as may be authorized by federal legislation to be\\npaid for such education. The board of trustees may conduct on a fee\\nbasis extension courses and courses for adult education appropriate to\\nthe field of higher education. In all courses and courses of study it\\nmay, in its discretion, require students to pay library, laboratory,\\nlocker, breakage and other instructional and non-instructional fees and\\nmeet the cost of books and consumable supplies. In addition to the\\nforegoing fees and charges, the board of trustees may impose and collect\\nfees and charges for student government and other student activities and\\nreceive and expend them as agent or trustee.\\n * NB Effective July 1, 2016\\n * (a-1) The trustees shall further provide that the payment of tuition\\nand fees by any student who is not a resident of New York state, other\\nthan a non-immigrant alien within the meaning of paragraph (15) of\\nsubsection (a) of section 1101 of title 8 of the United States Code,\\nshall be paid at a rate or charge no greater than that imposed for\\nstudents who are residents of the state if such student:\\n (i) attended an approved New York high school for two or more years,\\ngraduated from an approved New York high school and applied for\\nattendance at an institution or educational unit of the city university\\nwithin five years of receiving a New York state high school diploma; or\\n (ii) attended an approved New York state program for general\\nequivalency diploma exam preparation, received a general equivalency\\ndiploma issued within New York state and applied for attendance at an\\ninstitution or educational unit of the city university within five years\\nof receiving a general equivalency diploma issued within New York state;\\nor\\n (iii) was enrolled in an institution or educational unit of the city\\nuniversity in the fall semester or quarter of the two thousand one--two\\nthousand two academic year and was authorized by such institution or\\neducational unit to pay tuition at the rate or charge imposed for\\nstudents who are residents of the state.\\n A student without lawful immigration status shall also be required to\\nfile an affidavit with such institution or educational unit stating that\\nthe student has filed an application to legalize his or her immigration\\nstatus, or will file such an application as soon as he or she is\\neligible to do so. Except as otherwise authorized in paragraph (a) of\\nthis subdivision, the trustees shall not adopt changes in tuition\\ncharges prior to the enactment of the annual budget. The board of\\ntrustees may accept as partial reimbursement for the education of\\nveterans of the armed forces of the United States who are otherwise\\nqualified such sums as may be authorized by federal legislation to be\\npaid for such education. The board of trustees may conduct on a fee\\nbasis extension courses and courses for adult education appropriate to\\nthe field of higher education. In all courses and courses of study it\\nmay, in its discretion, require students to pay library, laboratory,\\nlocker, breakage and other instructional and non-instructional fees and\\nmeet the cost of books and consumable supplies. In addition to the\\nforegoing fees and charges, the board of trustees may impose and collect\\nfees and charges for student government and other student activities and\\nreceive and expend them as agent or trustee.\\n * NB Repealed July 1, 2016\\n (a-2) The trustees shall further provide that the payment of tuition\\nand fees by any student who is not a resident of New York state shall be\\npaid at a rate or charge no greater than that imposed for students who\\nare residents of the state if such student is enrolled in any college or\\neducational unit of the city university of New York and is attending\\nsuch college or educational unit in accordance with the federal GI bills\\nand in compliance with all applicable eligibility requirements thereof.\\n (b) Notwithstanding the provisions of any other general, special or\\nlocal law, rule or regulation, the board of trustees may permit persons\\nsixty years of age or over to audit courses given therein without\\ntuition, examination, grading or credit therefor upon a space available\\nbasis, as determined by the president of each such institution, provided\\nthat such audit attendance does not deny course attendance at the city\\nuniversity of New York by an individual who is otherwise qualified under\\nthis section.\\n * (c) Notwithstanding the provisions of any other general, special or\\nlocal law, rule or regulation, the board of trustees shall promulgate\\nregulations to permit members of the New York city police department\\nemployed in the rank of police officer, who are enrolled in programs\\nleading to baccalaureate or higher degrees at a senior college of the\\ncity university to attend one course without tuition, provided that such\\ncourse is related to their employment as police officers and that such\\ntuition-waived attendance does not deny course attendance at a senior\\ncollege of the city university by an individual who is otherwise\\nqualified under this section.\\n * NB Repealed July 1, 2016\\n 8. The board of trustees shall, on the recommendation of its faculty\\nor faculties, grant the certificates, diplomas and degrees which were\\nannounced in the bulletins of the existing public institutions of higher\\nlearning published for the term beginning immediately prior to April\\nsixteenth, nineteen hundred twenty-six, and also such other degrees and\\nhonors as the regents thereafter specifically authorized or may\\nhereafter authorize it to grant.\\n 9. When a center is first opened, the board of trustees shall submit\\nan initial estimate of the sum needed for its support, maintenance and\\noperation, based on an estimated original enrollment of students, for\\nthe fiscal year or portion thereof immediately following. Such estimate\\nshall be acted upon as hereinbefore prescribed for current annual\\nbudgets; and in the event that an initial appropriation be for a part of\\nthe fiscal year only, then in making calculation for the succeeding\\nannual appropriation, the initial appropriation shall be taken as the\\nappropriate fractional base.\\n 10. Money appropriated by the city to the board of trustees for\\ncollege or university purposes, shall be placed in the custody of the\\ncomptroller of the city to the credit of such board of trustees and all\\ndisbursements from such funds shall be made by the comptroller acting\\nfor and in behalf of such board of trustees upon requisitions duly\\naudited and signed by the board of trustees or by a person or persons\\nappointed by such board of trustees, by resolution filed with the\\ncomptroller, to act for it. The comptroller shall audit such account of\\nthe board of trustees in the same manner as he audits the account of the\\nboard of education of the city of New York. Any balance of any annual\\nappropriation made by the city to the board of trustees, which may be\\nunallocated for college or university purposes by the board of trustees\\nninety days after the expiration of the calendar year for which the\\nappropriation was made, shall revert to the city treasury and be\\ncredited to such uses as the city may direct.\\n 11. The board of trustees may, in its discretion, compensate members\\nof the instructional staff and non-instructional staff for loss of\\npersonal property. With respect to members of the instructional staff\\nand other employees who are not covered by the workers' compensation\\nlaw, the board of trustees may provide in its discretion for payment of\\nreasonable medical and hospital expenses arising from injuries incurred\\nin actual performance of duty on or after July first, nineteen hundred\\nsixty-five.\\n 12. The board of trustees, under such by-laws as it deems appropriate,\\nshall provide for the eligibility for sabbatical leaves of absence to\\nmembers of its permanent instructional staff provided, however, that\\nwhen such leaves are for one half year, they shall be at full pay, and\\nwhen such leaves are for one year, they shall be at half pay.\\n 13. The board of trustees shall provide standards for the granting of\\nadvanced standing to veterans applying for college admissions at schools\\nin the city university who have successfully completed United States\\nArmed Forces Institute or other comparable course work.\\n 14. Notwithstanding the provisions of section forty-four, fifty or\\nfifty-one of the state finance law or any other provision of law to the\\ncontrary, the city university trustees are authorized and empowered to\\nincrease or decrease appropriations by transfer or interchange as\\nfollows:\\n a. Amounts appropriated for the programs or purposes or for any item\\nor items within such programs or purposes of any individual senior\\ncollege of the city university and city university central\\nadministration within the schedules of such senior colleges or central\\nadministration from a particular fund or funds in a fiscal year may be\\ninterchanged between such programs or purposes of such senior college or\\ncentral administration of city university, or between items within the\\nsame program or purpose, or with other items appropriated from such fund\\nnot in the same program or purpose, but which are contained in the state\\ncomptroller's classification of items as last promulgated pursuant to a\\ncertificate of allocation. Such certificate shall be submitted by such\\nsenior college or central administration to the board of trustees of the\\ncity university. Such certificate shall be submitted by the board of\\ntrustees to the state comptroller with copies to be sent to the chairs\\nof the senate finance committee and the assembly ways and means\\ncommittee and the director of the budget for informational purposes\\nonly. The total amount appropriated for any program or purpose may be\\ndecreased by not more than the aggregate of five percent of such\\nappropriation for a program or purpose with the approval of the senior\\ncollege or central administration or such amounts may be decreased by\\nmore than the aggregate of five percent of such appropriation with the\\napproval of the city university trustees.\\n b. Amounts appropriated to senior colleges of the city university from\\na particular fund or funds in a fiscal year for the programs or purposes\\nof such senior colleges of the city university may be transferred\\nbetween and among such senior colleges pursuant to a certificate of\\nallocation, submitted directly by the city university to the state\\ncomptroller, with copies of such certificates to be sent to the chairmen\\nof the senate finance committee and the assembly ways and means\\ncommittee and the director of the budget for informational purposes\\nonly. The total amount appropriated for any senior college may not be\\ndecreased by more than the aggregate of three percent of an\\nappropriation for a senior college.\\n c. Amounts appropriated for programs or purposes, or for any item\\nwithin such programs or purposes, within the university-wide program\\nschedule of city university from a particular fund or funds in a fiscal\\nyear shall not be decreased by means of transfer or interchange by more\\nthan the aggregate of four percent of an appropriation for a program or\\npurpose within such schedule.\\n d. Amounts appropriated for the central administration of the city\\nuniversity within the central administration schedule from a particular\\nfund or funds in a fiscal year for programs or purposes including, but\\nnot limited to, administration of senior colleges and university-wide\\nprograms of the city university shall not be increased by means of\\ntransfer or interchange by more than five percent of the aggregate\\nappropriation within such schedule.\\n e. Notwithstanding the foregoing provisions of this subdivision,\\nwhenever the director of the budget, pursuant to section forty-nine of\\nthe state finance law, shall establish an aggregate amount less than\\nthat contained in the local assistance appropriations act, the trustees\\nmay transfer or interchange any or all of such lesser amount among any\\nof the programs or purposes or items without regard to the restrictions\\nprovided in this subdivision.\\n f. The allocation of lump sum appropriations from a fund or funds made\\nto the city university for later distribution to senior colleges and/or\\nthe central administration of the city university or the allocation of\\nlump sum appropriations made to all state departments and agencies for\\nlater allocation for specific programs or purposes or senior colleges\\nand/or central administration of the city university shall not be deemed\\nto be part of any total increase or decrease authorized by this section.\\n 15. a. The board of trustees shall adopt rules requiring that each\\ninstitution of the city university, on or before January first, two\\nthousand, adopt and implement a plan providing for the investigation of\\nany violent felony offense occurring at or on the grounds of each such\\ninstitution, and providing for the investigation of a report of any\\nmissing student. Such plans shall provide for the coordination of the\\ninvestigation of such crimes and reports with local law enforcement\\nagencies. Such plans shall include, but not be limited to, written\\nagreements with appropriate local law enforcement agencies providing for\\nthe prompt investigation of such crimes and reports.\\n b. As used in this subdivision, the following terms shall have the\\nfollowing meanings:\\n (i) \"Local law enforcement agencies\" means any agency or agencies\\nemploying peace officers or police officers for the enforcement of the\\nlaws of the state, and which has or have jurisdiction under provisions\\nof the criminal procedure law over offenses occurring at or on the\\ngrounds of any institution subject to the provisions of this\\nsubdivision.\\n (ii) \"Missing student\" means any student of an institution subject to\\nthe provisions of this subdivision, who resides in a facility owned or\\noperated by such institution and who is reported to such institution as\\nmissing from his or her residence.\\n (iii) \"Violent felony offense\" means a violent felony offense as\\ndefined in subdivision one of section 70.02 of the penal law.\\n 16. The board of trustees shall appoint for the city university campus\\nofficers who shall have the powers of peace officers as set forth in the\\ncriminal procedure law within the geographical area of the city of New\\nYork. A campus officer designated as a peace officer must have\\nsatisfactorily completed or complete, within one year of the date of\\nsuch designation, a course of law enforcement training prescribed by the\\nmunicipal police training council in consultation with the city\\nuniversity board of trustees.\\n * 17. The city university trustees shall conduct a study regarding the\\neffectiveness and functionality of the New York state tuition assistance\\nprogram, which shall consider a variety of factors including, but not\\nlimited to, the costs associated with pursuing a degree in undergraduate\\nstudy, current tuition assistance program thresholds and award levels,\\ncurrent eligibility criteria to qualify for an award under the tuition\\nassistance program and any other information the trustees determine to\\nbe relevant. The study shall also include recommendations to improve the\\ntuition assistance program to better meet the future financial aid needs\\nof students who reside in New York state and to ensure continued access\\nand affordability of the city university of New York. The study shall be\\nsubmitted to the governor, the temporary president of the senate, the\\nspeaker of the assembly, the director of the division of budget, the\\nsenate finance committee, the assembly ways and means committee and the\\nhigher education committees of the legislature on or before October\\nfirst, two thousand thirteen. In addition, the city university shall\\nannually examine and report on each state-operated campus' efforts to\\npromote fiscal stability for the duration of the five year tuition plan\\nby implementing cost saving measures and increasing fundraising efforts.\\n * NB Repealed July 1, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6207", "title" : "Administration of civil service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6207", "activeDate" : "2014-09-22", "sequenceNo" : 1444, "repealedDate" : null, "fromSection" : "6207", "toSection" : "6207", "text" : " § 6207. Administration of civil service. The city university, for the\\npurpose of administering the state civil service law, shall be deemed to\\nbe a municipal employer, provided, however, that the city university may\\nelect to delegate the administration of any or all of the provisions of\\nthe civil service law, except article fourteen, to the department of\\npersonnel of the city of New York. In that event, the city department\\nof personnel shall enter into a contract with such university for the\\nrendition of such services. The city university of New York shall\\ncompensate the city of New York for such services only with respect to\\nsuch services rendered for or on behalf of the senior colleges of such\\nuniversity. If the city of New York and city university cannot agree on\\nthe amount of such compensation, the state comptroller shall determine\\nthe fair and reasonable value of such services and the city university\\nshall pay such sum to the city of New York. Any person on an eligible\\nlist for a position with the city university of New York in effect on\\nthe effective date of this article shall continue to hold such position\\non such list and shall be entitled to the same civil service rights.\\nWith respect to all persons employed by the city university on the\\neffective date of this article, the city university and the city of New\\nYork shall be deemed to be the same public employer only for purposes of\\ntransfer of employment under the civil service law. No civil service\\nright of an employee of the city university of New York employed on the\\neffective date of this article shall be lost, impaired or affected by\\nreason of the enactment of this article into law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6208", "title" : "Collective negotiation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6208", "activeDate" : "2014-09-22", "sequenceNo" : 1445, "repealedDate" : null, "fromSection" : "6208", "toSection" : "6208", "text" : " § 6208. Collective negotiation. For the purposes of article fourteen\\nof the civil service law, the city university of New York shall be\\ndeemed to be the public employer and as such shall negotiate with and\\nenter into written agreements with employee organizations representing\\nthe instructional staff and non-instructional staff of the senior\\ncolleges and community colleges of such university that have been\\ncertified or recognized under such article. For purposes of such\\narticle, the chancellor of the city university shall be deemed to be the\\nchief executive officer, the chief legal officer of the city university\\nshall be chief legal officer, and the legislature of the state of New\\nYork shall be deemed to be the legislative body of the government. In\\ncarrying on such negotiations, the city university of New York shall\\nconsult with and seek assistance from the state office of employee\\nrelations and the New York city office of municipal labor relations.\\nThe state public employment relations board shall have exclusive\\njurisdiction for the purpose of administering the provisions of such\\narticle and the provisions of section two hundred twelve of such article\\nshall not be applicable to any such negotiations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6209", "title" : "Investments in designated obligations; indemnification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6209", "activeDate" : "2014-09-22", "sequenceNo" : 1446, "repealedDate" : null, "fromSection" : "6209", "toSection" : "6209", "text" : " § 6209. Investments in designated obligations; indemnification. 1.\\nIt is hereby found and declared that obligations of the dormitory\\nauthority of the state of New York are reasonable, prudent, proper and\\nlegal investments in which all gifts, grants, bequests, devises, trusts,\\nmoney, endowments, fees, and other income not derived from public\\ntaxation or the public credit, received and administered or to be\\nreceived and administered by the board of trustees or any of its\\neducational units for college or university purposes in connection with\\nthe units under the control of the board of trustees pursuant to\\nsubdivision six of section sixty-two hundred six of this article may be\\ninvested or may be pledged, hypothecated or delivered as collateral to\\nsecure in whole or in part the payment of principal or interest of any\\nobligation of the dormitory authority of the state of New York by the\\nboard of trustees or any officer, employee or fiduciary thereof upon\\nsuch terms and conditions as may be acceptable to the board of trustees.\\nIt is hereby found and declared that obligations of the dormitory\\nauthority of the state of New York are reasonable, prudent, proper and\\nlegal investments in which funds presently in existence or hereafter\\ncreated or established or other moneys administered by any alumni\\ncorporation or college fund organized pursuant to the not-for-profit\\ncorporation law or this chapter to encourage the educational mission or\\nassist any educational unit of the city university may be invested or\\nmay be pledged, hypothecated or delivered as collateral to secure in\\nwhole or in part the payment of principal or interest of any obligation\\nof the dormitory authority of the state of New York by such corporation\\nor fund or any officer, trustee, director, employee or fiduciary thereof\\nupon such terms and conditions as may be acceptable to such corporation,\\nperson or persons. For the purpose of this section, such gifts, grants,\\nbequests, devises, trusts, money, endowments, fees, funds, and other\\nincome shall be referred to as endowment funds.\\n 2. Notwithstanding any inconsistent provision of law, the board of\\ntrustees or the directors or trustees of any such alumni corporation or\\ncollege fund may in its or their discretion purchase and retain\\nobligations or may pledge, hypothecate, or deliver as collateral\\nendowment funds to secure in whole or in part the payment of principal\\nor interest on obligations of the dormitory authority of the state of\\nNew York without regard to the percentage of the assets of such\\nendowment funds invested in such obligations or pledged, hypothecated,\\nor delivered as collateral to secure in whole or in part the payment of\\nprincipal or interest on such obligations, and without regard to the\\npercentage of outstanding obligations of the issuer held or to be held\\nby such funds or secured by pledge, hypothecation, or delivery as\\ncollateral of such funds. The board of trustees or such alumni\\ncorporation or college fund may consider, in addition to the appropriate\\nfactors recognized by law, the extent to which such investments,\\npledges, hypothecations, or deliveries as collateral, will maintain the\\ncredit worthiness of the state of New York and the dormitory authority\\nof the state of New York so as to enable the state and such corporation\\nto finance the construction of capital facilities heretofore or\\nhereafter duly authorized for the city university.\\n 3. Notwithstanding any other provision of law, the state shall, with\\nrespect to the board of trustees, save and hold harmless and indemnify\\neach and every member, trustee, director, officer, employee or fiduciary\\nwith responsibility for the custody of funds or the assets thereof or\\nfor the approval of the sale, investment, pledge, hypothecation, or\\ndelivery as collateral of the assets of such funds, and any investment\\nadvisor, attorney or accountant who shall have been employed by or who\\nhas advised such member, trustee, director, officer, employee, or\\nfiduciary, from any or all financial loss arising out of or in\\nconnection with any claim, demand, suit, action, proceeding or judgment\\nfor alleged negligence, waste, or breach of fiduciary duty by reason of\\nany investment of any funds in, or the pledge, hypothecation, or\\ndelivery as collateral of any endowment funds to secure in whole or in\\npart the payment of principal or interest of any obligation of the\\ndormitory authority of the state of New York, or resulting from the sale\\nof any assets of any funds to obtain sufficient revenues to make such\\ninvestments, pledges, hypothecations, or deliveries as collateral,\\nprovided that such member, trustee, director, officer, employee,\\nfiduciary, investment advisor, attorney, or accountant within five days\\nafter the date on which he or she is personally served with, or receives\\nactual notice of, any summons, complaint, process, notice, demand, claim\\nor pleading, shall give notice thereof to the attorney general. Upon\\nsuch notice, the attorney general shall assume control of the\\nrepresentation of such member, trustee, director, officer, employee,\\nfiduciary, investment advisor, attorney or accountant in connection with\\nsuch claim, demand, suit, action or proceeding. Each person so\\nrepresented shall cooperate fully with the attorney general or any other\\nperson designated to assume such defense in respect to such\\nrepresentation or defense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6210", "title" : "Non-Instructional positions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6210", "activeDate" : "2014-09-22", "sequenceNo" : 1447, "repealedDate" : null, "fromSection" : "6210", "toSection" : "6210", "text" : " § 6210. Non-Instructional positions. 1. All persons hereafter\\nappointed to serve in non-instructional positions in the city university\\nshall be appointed for the probationary period of one year during which\\nthe service of a person appointed to any such position may be\\ndiscontinued by the board of trustees at any time. All persons employed\\nin the non-instructional service of the board of trustees who have\\nserved the full probationary period shall hold their respective\\npositions during good behavior and efficient and competent service, and\\nshall not be removed except for cause after a hearing by the affirmative\\nvote of a majority of the board of trustees.\\n The board of trustees shall provide, by appropriate by-laws, for the\\npresentation of charges, the reference thereof to a committee of the\\nboard of trustees or to others for hearings, the conduct of such\\nhearings, and the report thereof on the basis of which the board of\\ntrustees shall take such action as it deems necessary or advisable.\\n A person who had acquired tenure in a position with the board of\\ntrustees and who is promoted therefrom to a higher position shall be\\nfully restored to his lower position and tenure therein in the event his\\nservice is discontinued by the board of trustees during his probationary\\nperiod in such higher position; upon restoration to such original\\nposition the time such person served in the higher position shall be\\ncredited for all purposes as if such service had been rendered in the\\noriginal position.\\n 2. Vacancies in positions included in group II (college office\\nassistant B and college secretarial assistant B) and group III\\n(administrative assistant) of item number sixteen of section sixty-two\\nhundred twenty, shall be filled, as far as practicable, by promotion\\nfrom among persons holding positions in the lower grades listed in group\\nI (college office assistant A and college secretarial assistant A) and\\ngroup II of such item number sixteen of section sixty-two hundred\\ntwenty, respectively. Promotions shall be made by the board of trustees\\nfrom group I and from group II of the aforesaid item number sixteen so\\nthat of the total regularly employed in such three groups, not more than\\nforty per centum of the total in the three groups shall be employed in\\ngroup I and not less than fifteen per centum of the said total shall be\\nemployed in group III.\\n 3. The board of trustees shall, by appropriate by-laws, determine from\\ntime to time the qualification requirements for all positions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6211", "title" : "College presidents emeriti; appointments, duties, qualifications, salary", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6211", "activeDate" : "2014-09-22", "sequenceNo" : 1448, "repealedDate" : null, "fromSection" : "6211", "toSection" : "6211", "text" : " § 6211. College presidents emeriti; appointments, duties,\\nqualifications, salary. The board of trustees shall be authorized to\\nappoint, notwithstanding the provisions of any local law or charter to\\nthe contrary, as president emeritus any retired president of an existing\\ncollege unit or a college unit hereafter to be created other than\\nteachers' training schools, whose duty it shall be to consult and advise\\nwith educational officers as and when requested by the president, or\\nhead of such college unit. No person shall be eligible for such\\nappointment unless he shall have been duly retired from such college\\nunit. He shall receive for the duration of his life such annual salary\\nas the board of trustees or like financial authority, shall determine.\\nThe salary is to be in lieu of the annual pension to which such retired\\npresident would be entitled during his lifetime but is not to be\\nconstrued as depriving him at the time of his retirement of the right to\\nchoose an option or as depriving his estate or beneficiary of any death\\nbenefit accruing to such estate or beneficiary under the law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6212", "title" : "Tenure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6212", "activeDate" : "2014-09-22", "sequenceNo" : 1449, "repealedDate" : null, "fromSection" : "6212", "toSection" : "6212", "text" : " § 6212. Tenure. 1. The following words and phrases, for the purposes\\nof this section, shall have the following meanings:\\n a. \"Educational unit\" shall mean a college, school, preparatory\\nschool, high school, or model school.\\n b. \"Instructional staff\" shall mean the persons employed by the board\\nof trustees in the educational units governed and administered by it in\\nthe grades or positions of president, dean, director, professor,\\nassociate professor, assistant professor, instructor, fellow, lecturer,\\nsenior registrar, registrar, assistant registrar, associate registrar,\\ncollege laboratory technicians; in the high school and model school:\\nprincipal, first assistant, supervisor, instructor, assistant teacher,\\ncritic teacher, teacher; or in any grade or position which the board of\\ntrustees in its discretion may add thereto.\\n c. \"Tenure\" shall mean the right of a person to hold his position\\nduring good behavior and efficient and competent service, and not to be\\nremoved therefrom except for cause in the manner hereinafter provided.\\n 2. All members of the permanent instructional staff of the educational\\nunits governed and administered by the board of trustees shall have\\ntenure.\\n 3. The permanent instructional staff shall consist of all persons\\nemployed by the city university on an annual salary basis at the\\neducational units governed and administered by the board of trustees as\\nfollows: (a) in the grades of professor, associate professor, assistant\\nprofessor, or in any grade or position which the board in its discretion\\nmay add thereto, who, after serving on an annual salary in any of the\\ngrades or positions enumerated or provided for in this paragraph for\\nseven full years continuously, have been appointed or shall be appointed\\nfor an eighth full year, except as provided in subdivisions four and\\nfive of this section; and (b) in the grades of college laboratory\\ntechnician, senior registrar, registrar, assistant registrar, associate\\nregistrar, assistant librarian and in the elementary and high schools:\\ninstructor, assistant teacher, critic teacher, or teacher, or in any\\ngrade or position which the board in its discretion may add thereto,\\nwho, after serving on an annual salary in any of the grades or positions\\nenumerated or provided for in this paragraph for five full years\\ncontinuously, have been appointed or shall be appointed for a sixth full\\nyear, except as provided in subdivision four of this section; the\\nmembership of such persons on the permanent instructional staff as\\nprovided for in paragraph (a) of this subdivision shall become effective\\non the first day of September following their reappointment for the\\neighth full year, and the membership of such persons on the permanent\\ninstructional staff as provided for in this paragraph shall become\\neffective on the first day of September following their reappointment\\nfor the sixth full year. Where the service of a member of the\\ninstructional staff, in one of the titles listed or provided for herein,\\nis interrupted by reason of absence on a maternity or child care leave\\nduly granted by the board of trustees, the period of creditable service\\nimmediately preceding such absence shall be counted in computing the\\nfull years of service required by this subdivision.\\n 4. Nothing herein contained shall be construed as conferring or\\npermitting tenure, or service credit toward the achievement of tenure,\\nin the grades or positions of president, director, assistant director,\\ndean, assistant dean, head of instructional department, chairman of\\ninstructional department, fellow, laboratory teaching assistant,\\nprincipal, supervisor, or first assistant. Appointment to such grade or\\nposition, or removal therefrom, however, shall not deprive the person so\\nappointed or removed of tenure in the highest position on the\\ninstructional staff held with tenure prior to his appointment to such\\noffice or conjointly with such office, nor shall the appointment to,\\nholding of, or removal from such grade or position deprive any person of\\nservice credit toward the achievement of tenure under the provisions of\\nthis section.\\n 5. Persons appointed to the rank of professor, associate professor or\\nassistant professor may under the provisions of the board of trustee's\\nby-laws be placed on the permanent instructional staff by the board of\\ntrustees in its discretion after not less than one nor more than seven\\nyears of continuous full time service on an annual salary except that\\npersons of proven record who have achieved tenure at another recognized\\ninstitution of higher learning and whose appointment is to the rank of\\nprofessor may be granted tenure immediately on appointment. Persons\\npromoted to the rank of professor shall be granted tenure after not more\\nthan four years of continuous full time service on an annual salary in\\npositions on the instructional staff.\\n 6. For the purpose of appointments and promotions in the instructional\\nstaff which may be made after April twentieth, nineteen hundred forty,\\nthe board of trustees shall determine to what extent examinations are\\npracticable to ascertain merit and fitness for each of the positions\\nwithin the educational units covered and administered by it and, in so\\nfar as examinations are deemed practicable, shall determine to what\\nextent it is practicable that such examinations be competitive. Any\\nexamination held in accordance with the provisions of this subdivision\\nshall be set and administered through any agency which the board of\\ntrustees may from time to time create or designate.\\n 7. Neither tenure as conferred through the operation of this section\\nnor the period requisite for the achievement of tenure shall be affected\\nby transfer within the educational units governed and administered by\\nthe board of trustees, or by promotion, or by change of title, except\\nthat a person upon whom tenure is conferred through the operation of\\nthis section and who may be transferred to any position within the\\neducational units governed and administered by the board of trustees, or\\nwho may be promoted, or whose title may be changed, shall have tenure in\\nhis new position, provided such position is not one of those enumerated\\nin subdivision four of this section. Nothing herein contained shall be\\nconstrued to prevent the board of trustees from assigning any person\\nhaving tenure to any appropriate position on the staff, but no such\\nassignment shall carry with it a reduction in rank or a reduction in\\nsalary other than the elimination of any additional emolument provided\\nfor administrative positions. Any person in a position on the\\ninstructional staff just prior to the effective date of this article\\nshall not be affected with respect to his tenure or the time credit\\nearned towards such tenure, or the period requisite for the achievement\\nof tenure under the law as it existed just prior to the effective date\\nof this article.\\n 8. A position held by a person upon whom tenure is conferred through\\nthe operation of this section may be abolished or discontinued by the\\nboard of trustees for reasons which are not discriminatory against a\\nparticular person or persons. In the event that a position in a\\ndepartment is to be abolished or discontinued, such position shall be\\nthat of the person last appointed to such department, save that, for\\nspecial educational reasons which are not discriminatory against a\\nparticular person or persons, the board of trustees may continue the\\nservices of a person or persons whose position or positions would\\notherwise be abolished or discontinued, and abolish or discontinue the\\nposition or positions of the person or persons next most recently\\nappointed to such department; provided, however, that all persons of any\\ngrade in such department upon whom tenure is not conferred by the\\noperation of this section shall be dismissed before the position of any\\nother person in such department is abolished or discontinued. If the\\nboard of trustees abolishes or discontinues the position of a person\\nupon whom tenure is conferred through the operation of this section and\\ncan find no position in the educational unit in which such person has\\nbeen serving which can be efficiently and capably filled by such person,\\nthen his name shall be placed and shall remain for three years upon a\\npreferred eligible list of candidates for reappointment to fill a\\nvacancy that may thereafter occur in a position which can be efficiently\\nand capably filled by such person or to fill a newly created position\\nwhich can be efficiently and capably filled by such person. The board of\\ntrustees shall, through the adoption of appropriate by-laws, determine\\nthe number of such preferred eligible lists, the extent of applicability\\nof each such list, and the order of reappointment therefrom to vacancies\\nin positions under its jurisdiction or to newly created positions under\\nits jurisdiction. No names shall be placed on such preferred eligible\\nlists except as hereinbefore provided for persons upon whom tenure is\\nconferred through the operation of this section. Any person reappointed\\nfrom a preferred eligible list shall be reappointed at a salary not less\\nthan that which he was receiving when his position was abolished or\\ndiscontinued. Any person whose name is placed on a preferred eligible\\nlist as hereinbefore provided shall, for the purpose of maintaining his\\nstatus in any retirement system of which he is a member, be deemed to be\\non leave of absence without pay.\\n 9. Persons having tenure under the provisions of this section may be\\nremoved or suspended from the permanent instructional staff for one or\\nmore of the following reasons, provided, however, that, except as to a\\ncharge of misconduct constituting a crime when committed, no proceedings\\nshall be commenced more than five years after the occurrence of the\\nalleged incompetency or misconduct:\\n a. incompetent or inefficient service;\\n b. neglect of duty;\\n c. physical or mental incapacity;\\n d. conduct unbecoming a member of the staff. This provision shall not\\nbe so interpreted as to constitute interference with academic freedom.\\n Proceedings for the removal of such a person shall be conducted in\\naccordance with the by-laws of the board of trustees, and shall be\\ninitiated by service by the board of trustees upon the person involved\\nof a notice setting forth all the charges pending against him. Such a\\nperson so charged shall be entitled to a hearing with right of\\nrepresentation by any person or persons of his choice before any\\ncommittee which the board of trustees may appoint to investigate such\\ncharges, or, in the event that such a committee is not appointed, before\\nthe board of trustees. In cases in which such a committee is appointed,\\nsuch a person shall further be entitled to an appeal on the record with\\nright of representation by any person or persons of his choice before\\nthe board of trustees prior to its final determination of the question\\nof his removal. No such person shall be removed except at a regular or\\nspecial meeting of the board of trustees, by an affirmative vote of the\\nmajority of all the members of the board of trustees. For the purposes\\nof any such proceeding, the board by its chairman or the chairman of any\\nsuch committee shall have power to subpoena witnesses, papers and\\nrecords, and to administer oaths.\\n 10. If any clause, sentence, paragraph or part of this section, or the\\napplication thereof to any person or circumstance, shall, for any\\nreason, be adjudged by a court of competent jurisdiction to be invalid,\\nsuch judgment or order shall not invalidate the remainder of this\\nsection and the application thereof to other persons or circumstances,\\nbut shall be confined in its operation to the clause, sentence,\\nparagraph or part thereof directly involved in the controversy in which\\nsuch judgment or order shall have been rendered and to the person or\\ncircumstance involved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6213", "title" : "Establishment of collegiate centers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-07-05" ], "docLevelId" : "6213", "activeDate" : "2014-09-22", "sequenceNo" : 1450, "repealedDate" : null, "fromSection" : "6213", "toSection" : "6213", "text" : " § 6213. Establishment of collegiate centers. 1. The board of trustees\\nshall have the same powers to acquire sites, buildings, apparatus, and\\nequipment for its community colleges' as the board of education has for\\nschool purposes, and it shall follow the procedure prescribed by law for\\nthe board of education in the acquisition of such sites, buildings,\\napparatus and equipment. When, in its discretion, the city university of\\nNew York resolves to establish new centers of instruction for communtiy\\ncolleges, it shall follow the procedure of the board of education in\\nestablishing new schools.\\n 2. The city university of New York shall have the power to acquire\\nreal property, as defined by the eminent domain procedure law, in the\\nname of the people of the state of New York by purchase, lease or\\nappropriation for senior college purposes in accordance with the\\nprovisions of section three hundred seven of this chapter, except that\\nthe powers and duties in said section mentioned to be performed by the\\ncommissioner of education, shall be performed by the board of trustees.\\n 3. On the request of the city university construction fund, either the\\ncommissioner of general services of the state of New York, with respect\\nto any property held by the city university in the name of the people of\\nthe state of New York, or the city university, with respect to any\\nproperty held by it in its own name, may sell, convey, lease or exchange\\nor otherwise make available to the dormitory authority, for nominal\\nconsideration, any such property for the purposes of dormitory authority\\nfinancing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6214", "title" : "Retirement systems", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6214", "activeDate" : "2014-09-22", "sequenceNo" : 1451, "repealedDate" : null, "fromSection" : "6214", "toSection" : "6214", "text" : " § 6214. Retirement systems. 1. All members of teaching and\\nadministrative staffs in any educational unit established by the board\\nof trustees, and in any other institution administered and controlled by\\nsuch board, who are not members of any other retirement system supported\\nin whole or in part by the city of New York and who hold appointment to\\nservice on annual salaries, shall, upon appointment, become members of\\nthe public school teachers' retirement system of such city if eligible\\ntherefor and if not eligible therefor shall become members of the\\nemployees' retirement system of such city and shall have all the\\nobligations, rights, privileges and benefits of new entrants.\\n 2. An employee of the board of trustees who is a member of the New\\nYork city employees' retirement system and who is also eligible for\\nmembership in the teachers' retirement system of the city of New York\\nshall have the right to transfer his membership to such teachers'\\nretirement system. In order to effect such a transfer, a member must\\ngive notice to the New York city employees' retirement system within one\\nyear of his last becoming eligible for membership in the said teachers'\\nretirement system, of his intention to transfer to the said teachers'\\nretirement system. Upon receipt of such notice, the New York city\\nemployees' retirement system shall transfer to such teachers' retirement\\nsystem the reserve on such member's benefits in the manner provided by\\nsection forty-three of the retirement and social security law. The\\nformer system shall also transfer to the latter system the member's\\naccumulated deductions which shall become such member's accumulated\\ndeductions in the latter system. A person so transferring shall be\\ndeemed to have been a member of the system to which he has transferred\\nduring the entire period of membership service credited to him in the\\nsystem from which he has transferred. Such transferee shall be entitled\\nto all the rights, privileges and benefits of the system to which he has\\ntransferred. Such transferee shall be entitled to the crediting of\\nregular interest in such teachers' retirement system at the same rate as\\nhe would have received had he continued membership in the New York city\\nemployees' retirement system. Upon his retirement, the mortality table\\nin effect in the teachers' retirement system of the city of New York on\\nthe date when he last became a member of the New York city employees'\\nretirement system shall apply.\\n 3. Any member of the New York city employees' retirement system who is\\na member of the instructional staff of the city university shall have\\nthe right to transfer his membership to the teachers' retirement system\\nof the city of New York. In order to effect such a transfer, a member\\nmust give notice to the New York city employees' retirement system, on\\nor before June thirtieth, nineteen hundred eighty-seven or, within one\\nyear of his eligibility for membership in the said teachers' retirement\\nsystem, of his intention to transfer to the said teachers' retirement\\nsystem. Upon receipt of such notice, the New York city employees'\\nretirement system shall transfer to such teachers' retirement system the\\nreserve on such member's benefits in the manner provided by section\\nforty-three of the retirement and social security law. The former system\\nshall also transfer to the latter system the member's accumulated\\ndeductions which shall become such member's accumulated deductions in\\nthe latter system. A person so transferring shall be deemed to have been\\na member of the system to which he has transferred during the entire\\nperiod of membership service credited to him in the system from which he\\nhas transferred. Such transferee shall be entitled to all the rights,\\nprivileges and benefits of the system to which he has transferred. Such\\ntransferee shall be entitled to the crediting of regular interest in\\nsuch teachers' retirement system at the same rate as he or she would\\nhave received had he continued membership in the New York city\\nemployees' retirement system. Upon his retirement, the mortality table\\nin effect in the teachers' retirement system of the city of New York on\\nthe date when he last became a member of the New York city employees'\\nretirement system shall apply.\\n 4. Notwithstanding any other provision of law, on or after July first,\\nnineteen hundred eighty-six, any new member of the instructional staff\\nat a senior or community college of the city university of New York\\nshall be a member of the teachers' retirement system of the city of New\\nYork or, if he so elects under applicable provisions of law, a member of\\nthe optional retirement program established under article one hundred\\ntwenty-five-A of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6215", "title" : "Fees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6215", "activeDate" : "2014-09-22", "sequenceNo" : 1452, "repealedDate" : null, "fromSection" : "6215", "toSection" : "6215", "text" : " § 6215. Fees. 1. All instructional and non-instructional fees\\nhereafter received from matriculated students by the city university\\nshall be accounted for and paid to the city university construction\\nfund; subject, however, in the case of any such fees received by\\ngraduate institutions, to any prior pledge thereof made by an agreement\\nand lease both between the city university of New York and the dormitory\\nauthority dated as of January tenth, nineteen hundred sixty-six. The\\nfund shall receive, accept, invest, administer, expend and disburse the\\ninstructional and non-instructional fees in accordance with the city\\nuniversity construction fund act.\\n 2. All instructional and non-instructional fees hereafter received\\nfrom non-matriculated students by the city university shall be accounted\\nfor and paid, as determined by the board of trustees, to the city\\nuniversity construction fund; subject, however, in the case of any such\\nfees received by graduate institutions, to any prior pledge thereof made\\nby an agreement and lease both between the city university and the\\ndormitory authority dated as of January tenth, nineteen hundred\\nsixty-six. The fund shall receive, accept, invest, administer, expend\\nand disburse the instructional and non-instructional fees in accordance\\nwith the city university construction fund act.\\n 3. For purposes of this article and article one hundred twenty-five-B\\nof this chapter, and notwithstanding any other provision thereof, the\\ninstructional and non-instructional fees received from matriculated and\\nnon-matriculated students at New York city college of technology shall\\nbe treated as if they were fees from a community college, and the\\ninstructional and non-instructional fees received from matriculated and\\nnon-matriculated students at the college of Staten Island shall be\\ntreated as if they were senior college fees; provided, however, that\\ninstructional and non-instructional fees from students attending that\\nportion of the program of the college of Staten Island whose primary\\npurpose is providing certificate and associate degree post secondary\\nprograms in general and technical educational subjects shall be treated\\nas if they were fees from a community college; provided, however, that\\ninstructional and non-instructional fees received from all students\\nattending the college of Staten Island, New York city college of\\ntechnology and Medgar Evers college shall be used to offset the state\\nshare of operating expenses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6216", "title" : "State aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6216", "activeDate" : "2014-09-22", "sequenceNo" : 1453, "repealedDate" : null, "fromSection" : "6216", "toSection" : "6216", "text" : " § 6216. State aid. The board of trustees shall continue to pay\\nsalaries to the supervisors, teachers and all other employees of any\\npreparatory high school or model school under its jurisdiction which\\nshall be the same as those paid by the board of education of the same\\ncity to persons discharging like functions in similar schools under the\\njurisdiction of the said board of education. The city school district\\nof such city shall be entitled to receive apportionments of public\\nschool moneys for the elementary and secondary schools maintained in and\\nby such city and under the control of the board of trustees on the same\\nbasis as such city school district receives apportionments of public\\nschool moneys for the elementary and high school conducted by the board\\nof education of such city. The board of trustees shall make all reports\\nrequired by the commissioner of education as the basis for calculating\\nsuch apportionment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6218", "title" : "Contracts and purchases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2021-04-23", "2023-01-06", "2023-03-10", "2026-05-29" ], "docLevelId" : "6218", "activeDate" : "2014-09-22", "sequenceNo" : 1454, "repealedDate" : null, "fromSection" : "6218", "toSection" : "6218", "text" : " § 6218. Contracts and purchases. * a. Notwithstanding the provisions\\nof subdivision two of section one hundred twelve and sections one\\nhundred fifteen, one hundred sixty-one and one hundred sixty-three of\\nthe state finance law and sections three and six of the New York state\\nprinting and public documents law or any other law to the contrary, the\\ncity university is authorized and empowered to:\\n (1) (i) purchase materials; proprietary electronic information\\nresources, including, but not limited to, academic, professional and\\nindustry journals, reference handbooks and manuals, research tracking\\ntools, indexes and abstracts; and equipment and supplies, including\\ncomputer equipment and motor vehicles, (ii) execute contracts for\\nconstruction and construction-related services contracts, and (iii)\\ncontract for printing, without prior approval by any other state officer\\nor agency, but subject to rules and regulations of the state comptroller\\nnot otherwise inconsistent with the provisions of this section and in\\naccordance with the guidelines promulgated by the city university board\\nof trustees after consultation with the state comptroller.\\n (2) execute contracts for services to an amount not exceeding twenty\\nthousand dollars without prior approval by any other state officer or\\nagency, but subject to rules and regulations of the state comptroller\\nnot otherwise inconsistent with the provisions of this section and in\\naccordance with the guidelines promulgated by the city university board\\nof trustees after consultation with the state comptroller. In addition,\\nthe trustees, after consultation with the commissioner of general\\nservices, are authorized to annually negotiate with the state\\ncomptroller increases in the aforementioned dollar limits and the\\nexemption of any services or categories of services from these limits.\\n * NB Effective until June 30, 2016\\n * a. Notwithstanding the provisions of paragraph two of section one\\nhundred twelve and sections one hundred fifteen, one hundred sixty-one,\\none hundred sixty-three and one hundred seventy-four of the state\\nfinance law and sections three and six of the New York state printing\\nand public documents law or any other law to the contrary, the city\\nuniversity trustees are authorized and empowered to:\\n (i) purchase materials; proprietary electronic information resources,\\nincluding, but not limited to, academic, professional and industry\\njournals, reference handbooks and manuals, research tracking tools,\\nindexes and abstracts; and equipment and supplies, including computer\\nequipment and motor vehicles, where the amount for a single purchase\\ndoes not exceed twenty thousand dollars, (ii) execute contracts for\\nservices to an amount not exceeding twenty thousand dollars, and (iii)\\ncontract for printing to an amount not exceeding five thousand dollars,\\nwithout prior approval by any other state officer or agency, but subject\\nto rules and regulations of the state comptroller not otherwise\\ninconsistent with the provisions of this section and in accordance with\\nthe rules and regulations promulgated by the city university board of\\ntrustees after consultation with the state comptroller. In addition, the\\ntrustees are authorized to annually negotiate with the state comptroller\\nincreases in the aforementioned dollar limits and the exemption of any\\narticles, categories of articles or commodities from these limits. Rules\\nand regulations promulgated by the city university board of trustees\\nshall, to the extent practicable, require that competitive proposals be\\nsolicited for purchases, and shall include requirements that purchases\\nand contracts authorized under this section be at the lowest possible\\nprice.\\n * NB Effective June 30, 2016\\n * a-1. Guidelines promulgated by the city university board of trustees\\nshall, to the extent practicable, require that competitive proposals be\\nsolicited for purchases, and shall include requirements that purchases\\nand contracts authorized under this section be at the lowest available\\nprice.\\n * NB Repealed June 30, 2016\\n b. Except as hereinafter provided, no contract for work or labor or\\nthe purchase of supplies, material, or equipment or for the construction\\nor the alteration of any building or facility involving an expenditure\\nor liability of more than twenty thousand dollars shall be entered into\\nby the board of trustees, unless said board of trustees shall have duly\\nadvertised for bids for the same for a period of not less than five days\\nunder regulations to be approved by the board of trustees and the\\ncontract in each case shall be awarded to the lowest responsible bidder\\nfurnishing the security as required by the board of trustees. If two or\\nmore bids are tied, and are the lowest bids submitted by responsible\\nbidders furnishing the security as required by the board, the board of\\ntrustees may award the contract to any of said tied bidders.\\n c. If the several parts of the work or labor to be done and/or the\\nsupplies, materials or equipment to be furnished shall together involve\\nan expenditure of not more than twenty thousand dollars, the same may be\\nprocured on an order awarded to the lowest responsible bidder upon bids\\nsubmitted without public advertisement under such regulations as shall\\nbe made by the board of trustees. Purchases of five thousand dollars or\\nless may be made without competition.\\n d. The board of trustees, if it shall deem it in the public interest,\\nmay reject all bids.\\n e. Upon the adoption of a resolution by a vote of at least two-thirds\\nof the members of the board of trustees by vote at a meeting, stating\\nthat, for reasons of efficiency or economy, there is need for\\nstandardization, purchase contracts for a particular type or kind of\\nequipment, materials, or supplies of more than twenty thousand dollars\\nmay be awarded to the lowest responsible bidder furnishing the required\\nsecurity after advertisement for bids in the manner provided in this\\nsection. Such resolution shall contain a full explanation of the reasons\\nfor its adoption. Purchase contracts for a particular type or kind of\\nequipment, materials or supplies of not more than twenty thousand\\ndollars may be awarded to the lowest responsible bidder upon bids\\nsubmitted without public advertisement under such regulations as shall\\nbe made by the board of trustees.\\n f. Surplus or second-hand supplies, materials or equipment may be\\npurchased without competitive bidding from the federal government, the\\nstate of New York or from any political subdivision of the state.\\n g. The board of trustees is authorized to establish cash advance\\naccounts for the purpose of purchasing materials, supplies, or services,\\nfor cash advances for travel expenses and per diem allowances, or for\\nadvance payment of wages and salary. The account may be used to purchase\\nsuch materials, supplies, or services where the amount of a single\\npurchase does not exceed two hundred fifty dollars in accordance with\\nsuch guidelines as shall be prescribed by the city university trustees\\nafter consultation with the state comptroller.\\n h. Notwithstanding any of the provisions of this section, the board of\\ntrustees may make purchases, when available, through the state of New\\nYork, the city of New York, the federal government or the board of\\neducation of the city of New York, provided that the board of trustees\\nshall accept sole responsibility for any payment due the vendor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6219", "title" : "Conveyance of property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6219", "activeDate" : "2014-09-22", "sequenceNo" : 1455, "repealedDate" : null, "fromSection" : "6219", "toSection" : "6219", "text" : " § 6219. Conveyance of property. 1. a. The city of New York shall on\\nor before January first, nineteen hundred eighty, by resolution or\\nresolutions of the board of estimate of such city or by instruments\\nauthorized by such resolutions, convey to the state of New York all\\nright, title and interest to all real property owned by the city and\\nused by such university for senior college purposes notwithstanding the\\nprovisions of any general, special or local law, or code or charter.\\n b. All such conveyances shall contain a provision that if such real\\nproperty ceases to be used for such purpose, title to such property\\nshall revert to the city of New York, provided, however, that until such\\ntime as the city university delivers the notice referred to in paragraph\\nc of this subdivision with respect to any parcel of such real property,\\nsuch parcel shall be deemed to be used for senior college purposes\\nnotwithstanding any change in character, use or occupancy consistent\\nwith such purposes subsequent to the conveyance thereof pursuant to\\nparagraph a of this subdivision. Notwithstanding the reverter contained\\nin the foregoing sentence, on the request of the city university\\nconstruction fund, the commissioner of general services of the state of\\nNew York may, for the purposes of dormitory authority financing of any\\nfacility conveyed by the city of New York pursuant to paragraph a of\\nthis subdivision, sell, convey, lease or exchange or otherwise make\\navailable to the dormitory authority, for a nominal consideration any\\nsuch property, subject to the provision that if title shall be\\nreconveyed to the state of New York by the dormitory authority\\nsubsequent to satisfaction of indebtedness incurred by the dormitory\\nauthority to finance improvements on such property, such property shall,\\nsubject to paragraph c of this subdivision, again become subject to the\\nprovisions of the first sentence of this paragraph. The conveyance to\\nthe dormitory authority shall be free of the reverter provided for in\\nthe first sentence of this paragraph.\\n c. If any property which is subject to the reverter contained in the\\nfirst sentence of paragraph b of this subdivision ceases to be used for\\nsenior college purposes, the city university shall notify the\\ncommissioner of general services of the state of New York and the\\ndirector of management and budget of the city of New York in writing of\\nsuch event within sixty days. Upon the giving of such notice the\\nreverter contained in the first sentence of paragraph b of this\\nsubdivision shall become effective and the state shall provide the city\\nwith a duly executed deed in recordable form.\\n d. If the city shall (i) use property so deeded to it with\\nimprovements wholly paid for by the state or (ii) sell or otherwise\\ndispose of property so deeded to it with improvements wholly paid for by\\nthe state, then, within thirty days after the beginning of the city\\nfiscal year immediately following such conveyance, the city shall pay to\\nthe state an amount equal to the current appraised value of such\\nimprovements in such property.\\n e. The commissioner of general services of the state of New York may,\\non the request of the city university construction fund for the purposes\\nof dormitory authority financing of the portion of the Staten Island\\nDevelopmental Center which is to be used by city university for senior\\ncollege purposes exclusively, sell, convey, lease or exchange or\\notherwise make available to the dormitory authority such state lands,\\nsituate within the county of Richmond, the city of New York, upon such\\nterms and conditions including consideration as the commissioner may fix\\nand determine with the approval of the director of the budget. However,\\nin the event that all or any part of such property should not be\\nutilized for senior college purposes exclusively, such property will\\nrevert back to the state of New York.\\n 2. Real property being used on the effective date of this article or\\nto be used by the city university for senior college purposes which is\\nencumbered by bonds, mortgages or similar debt instruments and title to\\nwhich is held by an agency of the state subject to the provision that\\nsuch title shall be conveyed to the city of New York by such state\\nagency when such outstanding indebtedness has been satisfied, shall upon\\nbeing so conveyed to such city by such agency thereupon be re-conveyed\\nby such city to the state of New York.\\n 3. Notwithstanding any other provisions of law, the provisions of this\\nsection shall apply to Medgar Evers college.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6220", "title" : "Salary schedules in certain public institutions of higher learning", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-08-18" ], "docLevelId" : "6220", "activeDate" : "2014-09-22", "sequenceNo" : 1456, "repealedDate" : null, "fromSection" : "6220", "toSection" : "6220", "text" : " § 6220. Salary schedules in certain public institutions of higher\\nlearning. For the purposes of this section, \"college\" shall mean a\\nsenior college as defined in subdivision five of section sixty-two\\nhundred two of this article. Any reference in this section to a\\n\"community college of the board of trustees\" or to a \"community college\\nsponsored or administered by the board of higher education of the city\\nof New York\" shall be deemed a reference to a community college as\\ndefined in subdivision four of section sixty-two hundred two of this\\narticle and to a locally sponsored community college administered by the\\nboard pursuant to subdivision three of section sixty-three hundred six\\nof this chapter.\\n In any public institution of higher learning under the jurisdiction of\\nthe board of trustees, including community colleges sponsored or\\nadministered by the board of trustees, the salaries, increments and\\nannual salary schedules of the following positions shall continue to be\\nno lower than those established by the board of higher education and\\napproved by the mayor and in full force and effect the first day of\\nJanuary, nineteen hundred sixty-five:\\n 1. President;\\n 2. Dean;\\n 3. Professor;\\n 4. Registrar;\\n 5. Lecturers;\\n 6. Associate professors and librarians;\\n 7. Assistant professors and associate librarians;\\n 8. Instructors, assistant registrars and assistant librarians;\\n 9. Library assistants;\\n 10. Tutors;\\n 11. Research assistants and clinical assistants;\\n 12. Fellows and laboratory teaching assistants;\\n 13. Services on an hourly basis of compensation: persons appointed to\\nteaching positions in the evening and summer session with compensation\\non an hourly basis;\\n 14. Temporary employees in teaching and supervising positions; and\\n 15. College physician--- doctor and/or dentist: on session service.\\n The annual increments provided through the operation of this\\nsubdivision shall be added on January first of each year.\\n 16. Administrative employees of the non-instructional staff.\\n A. Group I. College office assistant A, college secretarial assistant\\nA;\\n Group II. College office assistant B, college secretarial assistant B;\\n Group III. College administrative assistant;\\n Group IV. Such other administrative positions of the non-instructional\\nstaff now existing and such other administrative positions of the\\nnon-instructional staff as the board of trustees may establish from time\\nto time and at such salary and salary schedules as the said board of\\ntrustees may establish with the approval of the mayor of the city of New\\nYork.\\n B. The annual increments provided through the operation of this\\nsection in the foregoing salary schedules for groups I, II, and III\\nhereof shall become effective on the first day of July or the first day\\nof January in each year following the completion of a year of service.\\n C. Effective July first, nineteen hundred sixty-six, titles of\\nadministrative employees of the non-instructional staff of community\\ncolleges sponsored or administered by the board of trustees shall be\\nchanged as follows:\\n 1. Group I. College office assistant A, college secretarial assistant\\nA.\\n 2. Group II. College office assistant B, college secretarial assistant\\nB.\\n 3. Group III. College administrative assistant.\\n 4. Group IV. Such other administrative positions of the\\nnon-instructional staff now existing and such other administrative\\npositions of the non-instructional staff as the board of trustees may\\nestablish from time to time and at such salary and salary schedules as\\nsaid board of trustees may establish with the approval of the mayor of\\nthe city of New York.\\n 5. The qualification requirements for these positions and the\\nconditions of employment shall be as established by the board of\\ntrustees, and shall be the same as those established for comparable\\ntitles for four-year colleges of the board of trustees of the city\\nuniversity of New York.\\n 6. Salaries and salary conditions for these positions shall be as\\nestablished by the board of trustees, and shall be the same as those\\nestablished for comparable titles for four-year colleges of the board of\\ntrustees.\\n 7. All permanent administrative employees of the non-instructional\\nstaff of the community colleges sponsored or administered by the board\\nof trustees, who are high school graduates and who on June thirtieth,\\nnineteen hundred sixty-six had permanent or probationary status in the\\ntitles listed in column one below shall without examination (except as\\notherwise specified) have their titles changed to the equated titles in\\ncolumn two:\\n Column 1 Column 2\\nTitle as of June 30, 1966 Equated Title as of\\n July 1, 1966\\nAccount Clerk College office\\n assistant A\\nAdministrative assistant College administrative\\n assistant\\nClerk College office\\n assistant A\\nDepartment library aide College office\\n assistant A\\nSenior Clerk College\\n office assistant B\\nSenior stenographer College secretarial\\n assistant B\\nStenographer College secretarial\\n assistant A\\nSupervising clerk College administrative\\n assistant\\n (if incumbent passes a noncompetitive qualifying examination conducted\\nby the New York city department of personnel; a probationary period of\\none year shall begin on appointment as a college administrative\\nassistant)\\n or\\n College office assistant B (if incumbent fails to pass the above\\nqualifying examination; in which case incumbent's salary shall continue\\nto increase by increments until the maximum of supervising clerk\\nschedule has been reached). Supervising stenographer College\\nadministrative assistant\\n (if incumbent passes a non-competitive qualifying examination\\nconducted by the New York city department of personnel; a probationary\\nperiod of one year shall begin on appointment as college administrative\\nassistant)\\n or\\n College secretarial assistant B (if incumbent fails to pass the above\\nqualifying examination; in which case incumbent's salary shall continue\\nto increase by increments until the maximum of supervising stenographer\\nschedule has been reached).\\nTypist College office assistant A\\n An employee who on July first, nineteen hundred sixty-six has not yet\\ncompleted his probationary period shall, if he subsequently completes\\nhis probationary period, be reclassified to the appropriate equivalent\\ntitle at the time of his permanent appointment. An employee who is not a\\nhigh school graduate shall be reclassified within a year after July\\nfirst, nineteen hundred sixty-six to the appropriate equivalent title on\\npresentation of a high school diploma or its equivalent, failing to do\\nwhich such employee shall remain in his career and salary plan title.\\n 8. No person employed in the community colleges sponsored or\\nadministered by the board of trustees at the time this article goes into\\neffect shall suffer any diminution of salary, status, tenure, and\\nretirement rights, nor shall he receive in his new title a salary less\\nthan he would have received had he continued in his former title. Any\\nsuch person shall retain his right to promotion on a city-wide basis\\nfrom any civil service list in existence on July first, nineteen hundred\\nsixty-six or established as the result of any examination for which the\\nfiling period began prior to that date.\\n 9. All persons appointed on or after the date this article takes\\neffect to serve in administrative positions of the non-instructional\\nstaff in the community colleges of the board of trustees shall be\\nappointed for the probationary period of one year, during which the\\nservice of a person appointed to any such position may be discontinued\\nby the board of trustees at any time. All persons employed in the\\nadministrative service of the non-instructional staff of the community\\ncolleges sponsored or administered by the board of trustees who have\\nserved the full probationary period shall hold their respective\\npositions during good behavior and efficient and competent service, and\\nshall not be removed except for cause after a hearing by the affirmative\\nvote of a majority of the board of trustees.\\n The board of trustees shall provide by appropriate by-laws, for the\\npresentation of charges, the reference thereof to a committee of the\\nboard of trustees or to others for hearings, the conduct of such\\nhearings and the report thereof on the basis of which the board of\\ntrustees shall take such action as it deems necessary or advisable.\\n 10. Laboratory staff.\\n Group I. College science assistant A; college science technician A;\\ncollege engineering technician A;\\n Group II. College science assistant B; college science technician B;\\ncollege engineering technician B;\\n Group III. College science assistant C; college science technician C;\\ncollege engineering technician C;\\n 11. Professor;\\n 12. Associate professor;\\n 13. Assistant professor;\\n 14. Instructor;\\n 15. Lecturer (nursing science);\\n 16. Senior registrar;\\n 17. Associate registrar;\\n 18. Technical assistant.\\n In positions for which annual increments are specified through the\\noperation of this section, the board of trustees nevertheless shall have\\nthe right to assign fixed salaries, not exceeding the maximum specified\\nthrough the operation of this section, to appointees in special cases,\\nto vote larger increments in special cases, when in its judgment the\\nnature of the duties or the character of the services renders such\\naction just, or to withhold an annual increment from any member of the\\nstaff whose services for the preceding year are unsatisfactory.\\n In any position for which no annual increment is provided through the\\noperation of this section, the specified salary of an incumbent shall be\\nfixed at the minimum rate, or the maximum rate, or between, by\\nresolution of the board of trustees. Such action shall be taken with due\\nconsideration for the duties to be discharged, prevailing rates of\\ncompensation for one discharging such duties, and the qualifications,\\ntraining and experience of the incumbent.\\n Nothing contained in this section shall be construed to prevent the\\nestablishing of salary schedules by the board of trustees with the\\nconsent of the director of the budget of the state of New York with\\nrespect to senior colleges, and with the consent of the mayor with\\nrespect to community colleges, with maxima higher than those contained\\nin the minimum schedules provided through the operation of this section,\\nand the payment by the state or the city, as appropriate, of\\ncompensations and salaries fixed in accordance with such new schedule.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6221", "title" : "Financing of the city university of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6221", "activeDate" : "2014-09-22", "sequenceNo" : 1457, "repealedDate" : null, "fromSection" : "6221", "toSection" : "6221", "text" : " § 6221. Financing of the city university of New York. A. Senior\\ncollege operating expenses. 1. Notwithstanding any other provision of\\nlaw, all expenditures for the senior college programs and services of\\nthe city university of New York shall continue to be pre-financed from\\ncity of New York funds. The comptroller of the state of New York may\\nestablish a separate fund for the receipt and deposit of such\\npre-financing funds from the city of New York pursuant to this\\nsubdivision, and all other monies deemed appropriate by the state\\ncomptroller and the state director of the budget, except that all monies\\npresently required by law to be paid directly to the city university\\nconstruction fund shall continue to be so paid. All monies appropriated\\nfor such senior college programs and services, or derived from other\\nsources in the course of the administration thereof, shall be expended\\nupon vouchers approved by the chancellor of the city university, as\\nchief administrative officer of the city university, or by such\\nauthority or authorities in the city university as shall be designated\\nby the chancellor by a rule or written direction filed with the\\ncomptroller, when and in the manner authorized by the board of trustees.\\nNo monies appropriated for such senior college programs and services, or\\nderived from other sources in the course of the administration thereof,\\nshall be expended until a certificate of the aggregate funds available\\nfor expenditure pursuant to section forty-nine of the state finance law\\nhas been approved by the director of the budget and copies thereof filed\\nwith the state comptroller, the chairman of the senate finance committee\\nand the chairman of the assembly ways and means committee. In regard to\\nthe city university, the director of the budget shall exercise the\\nauthority granted under section forty-nine of the state finance law in\\naccordance with the provisions of paragraph b of subdivision four of\\nsection three hundred fifty-five of this chapter.\\n 2. a. Notwithstanding any other provision of law, the city of New York\\nshall appropriate in its expense budget and pay to the account of the\\nsenior colleges of the city university of New York as operating aid\\namounts in accordance with the following schedule:\\n (i) For the twelve-month period commencing July first, nineteen\\nhundred seventy-nine, an amount equal to the lesser of fifty-eight\\nmillion, three hundred ninety-three thousand dollars ($58,393,000) or\\ntwenty-five per centum of the net operating expenses of such senior\\ncollege programs and services, as certified by the comptroller of the\\nstate of New York to be properly chargeable to such twelve-month period;\\n (ii) For the twelve-month period commencing July first, nineteen\\nhundred eighty, an amount equal to eighty per centum of the amount\\nspecified in (i) of subparagraph a of this paragraph.\\n (iii) For the twelve-month period commencing July first, nineteen\\nhundred eighty-one, an amount equal to forty per centum of the amount\\nspecified in (i) of subparagraph a of this paragraph.\\n b. For the twelve-month period commencing July first, nineteen hundred\\neighty-two and thereafter, the city of New York shall not be required to\\nmake any appropriation in support of the net operating expenses of the\\nprograms and services of the senior colleges of the city university.\\n c. (i) Subject to the provisions of item (ii) of this subparagraph,\\nthe amounts specified in this subdivision shall be exclusive of monies\\npayable by such city for campus schools and debt service on bonds\\nattributable to such university pursuant to article one hundred\\ntwenty-five-B of this chapter.\\n (ii) (1) The amounts specified in this subdivision, in so far as such\\namounts consist of payments for the twelve-month period commencing on\\nJuly first, nineteen hundred seventy-nine, shall not include any\\nunfunded accrued liability payments required to be made in such period\\npursuant to chapters nine hundred seventy-five, nine hundred seventy-six\\nand nine hundred seventy-seven of the laws of nineteen hundred\\nseventy-seven with respect to pension contributions.\\n (2) The amounts specified in this subdivision, in so far as such\\namounts consist of payments for the twelve-month period commencing on\\nJuly first, nineteen hundred eighty, shall not include:\\n (a) any revised unfunded accrued liability payments (as defined in\\nsubdivision seven of section sixty-two hundred two of this article)\\nwhich are required to be made in such period with respect to pension\\ncontributions; or\\n (b) any installment of the nineteen hundred eighty unfunded accrued\\nliability adjustment (as defined in subdivision eight of such section\\nsixty-two hundred two), whether a charge or a credit, which installment\\nis required to be paid or credited, as the case may be, in such period\\nwith respect to pension contributions.\\n (3) During the period beginning on July first, nineteen hundred\\neighty-one and ending on June thirtieth, nineteen hundred ninety, the\\nnet operating expenses of the programs and services of the senior\\ncolleges of the city university shall not include any of the payments or\\ninstallments of charge or credit stated below in this sub-item (3), in\\nso far as such payments or installments are attributable to employees of\\nsuch senior colleges:\\n (a) any revised unfunded accrued liability payments (as defined in\\nsubdivision seven of section sixty-two hundred two of this article)\\nrequired to be made in such period and thereafter with respect to\\npension contributions; and\\n (b) any installments of nineteen hundred eighty unfunded accrued\\nliability adjustment (as defined in subdivision eight of such section\\nsixty-two hundred two), whether a charge or a credit, which installments\\nare required to be paid or credited, as the case may be, in such\\ntwelve-month period and thereafter; and\\n (c) any installments of the nineteen hundred eighty-two unfunded\\naccrued liability adjustment (as defined in subdivision eight-a of such\\nsection sixty-two hundred two), which installments are required to be\\ncredited in such twelve-month period and thereafter; and\\n (d) any balance sheet liability contributions (as defined in\\nsubdivision nine of such section sixty-two hundred two) which\\ncontributions are required to be made in such period; and\\n (e) any installments of the NYCERS nineteen hundred eighty-five\\nunfunded accrued liability adjustment attributable to the senior\\ncolleges (as defined in subdivision eight-b of such section sixty-two\\nhundred two), regardless of the prescribed time of crediting of such\\ninstallments; and\\n (f) any installments of the NYCTRS nineteen hundred eighty-five\\nunfunded accrued liability adjustment (as defined in subdivision eight-c\\nof such section sixty-two hundred two), regardless of the prescribed\\ntime of crediting of such installments; and\\n (g) any installments of the NYCTRS nineteen hundred eighty-six\\nunfunded accrued liability adjustment (as defined in subdivision eight-d\\nof such section sixty-two hundred two), regardless of the prescribed\\ntime of crediting of such installments; and\\n (h) any installments of the New York city employees' retirement system\\nnineteen hundred eighty-eight unfunded accrued liability adjustment\\nattributable to the senior colleges (as defined in subdivision eight-e\\nof such section sixty-two hundred two), whether a charge or a credit,\\nregardless of the prescribed time of payment or crediting of such\\ninstallments; and\\n (i) any installments of the New York city teachers' retirement system\\nnineteen hundred eighty-eight unfunded accrued liability adjustment\\nattributable to the senior colleges (as defined in subdivision eight-f\\nof such section sixty-two hundred two), whether a charge or a credit,\\nregardless of the prescribed time of payment or crediting of such\\ninstallments; and\\n (4) Commencing with the twelve-month period beginning on July first,\\nnineteen hundred ninety and thereafter, the net operating expenses of\\nthe programs and services of the senior colleges of the city university\\nshall not include any of the payments or installments of charge or cred-\\nit or contributions stated below in this sub-item (4):\\n (a) the contributions for twenty-year amortization of nineteen hundred\\nninety senior college consolidated UAL and senior college remainder of\\nBSL (as defined in subdivision eight-o of section sixty-two hundred two\\nof this article; and\\n (b) any payments or installments of any NYCERS post-June thirtieth,\\nnineteen hundred ninety unfunded accrued liability adjustment\\nattributable to the senior colleges (as defined in subdivision eight-g\\nof section sixty-two hundred two of this article); and\\n (c) any payments or installments of NYCTRS post-June thirtieth,\\nnineteen hundred ninety unfunded accrued liability adjustment\\nattributable to the senior colleges (as defined in subdivision eight-h\\nof section sixty-two hundred two of this article).\\n d. (i) Nothing contained in this paragraph shall be construed to\\nremove the obligation of the city of New York, as prescribed by sections\\nsixty-two hundred thirty and sixty-two hundred thirty-one of this\\narticle, for payment of its share of unfunded accrued pension\\nliabilities attributable to employees of the senior colleges of the city\\nuniversity of New York required to be made in the city's nineteen\\nhundred seventy-nine--nineteen hundred eighty fiscal year pursuant to\\nchapters nine hundred seventy-five, nine hundred seventy-six and nine\\nhundred seventy-seven of the laws of nineteen hundred seventy-seven.\\n (ii) Nothing contained in this paragraph shall be construed to remove\\nthe obligation of the city of New York, as prescribed by sections\\nsixty-two hundred thirty and sixty-two hundred thirty-one of this\\narticle, for payment of its share of:\\n (1) the revised unfunded accrued liability contributions (as defined\\nin subdivision seven of section sixty-two hundred two of this article)\\nwhich are required to be made in the city's nineteen hundred\\neighty--nineteen hundred eighty-one fiscal year; and\\n (2) any installment of nineteen hundred eighty unfunded accrued\\nliability adjustment (as defined in subdivision eight of section\\nsixty-two hundred two of this article) which, if such adjustment is a\\ncharge, is required to be paid in such fiscal year.\\n (iii) Subject to the provisions of subdivision m of section 13-638.2\\nof the administrative code of the city of New York, nothing contained in\\nthis paragraph shall be construed to remove the obligation of the city\\nof New York, as prescribed by sections sixty-two hundred thirty and\\nsixty-two hundred thirty-one of this article, for payment of its share\\nof:\\n (1) the revised unfunded accrued liability contributions (as defined\\nin subdivision seven of section sixty-two hundred two of this article)\\nwhich are required to be made in the city's nineteen hundred\\neighty-one--nineteen hundred eighty-two fiscal year and thereafter; and\\n (2) any installment of nineteen hundred eighty unfunded accrued\\nliability adjustment (as defined in subdivision eight of section\\nsixty-two hundred two of this article) which, if such adjustment is a\\ncharge, is required to be made in such fiscal years; and\\n (3) any balance sheet liability contribution (as defined in\\nsubdivision nine of section sixty-two hundred two of this article) which\\nis required to be made in such fiscal years.\\n e. In addition to the amounts specified in subparagraph a of this\\nparagraph and notwithstanding the provisions of subparagraph b of this\\nparagraph, the city of New York shall appropriate in its expense budget\\nand pay to the account of the senior colleges of the city university of\\nNew York as the city's share of operating aid for the college of Staten\\nIsland and New York city college of technology amounts in accordance\\nwith the following schedule:\\n (i) For the twelve month period commencing July first, nineteen\\nhundred eighty, an amount that shall equal four million, one hundred\\nthousand dollars ($4,100,000).\\n (ii) For the twelve month period commencing July first, nineteen\\nhundred eighty-one, an amount equal to one-half of the amount specified\\nin clause (i) of this subparagraph.\\n (iii) For the twelve month period commencing July first, nineteen\\nhundred eighty-two, and thereafter the city of New York shall not be\\nrequired to make any appropriation for operating aid for the college of\\nStaten Island and New York city college of technology.\\n 3. The state shall annually appropriate and pay an amount equal to the\\nnet operating expenses of such senior college programs and services less\\nthat amount payable, if any, by the city of New York pursuant to\\nparagraph two of this subdivision. Such state payment shall be made in\\nfour installments, on or before April twenty-fifth, June twenty-fifth,\\nOctober twenty-fifth and February twenty-fifth.\\n 4. Commencing with the twelve-month period beginning July first,\\nnineteen hundred eighty-two and thereafter, the state shall reimburse to\\nthe city of New York one hundred per centum of the net operating\\nexpenses of the approved programs and services of the senior colleges.\\n 4-a. Notwithstanding the provision of any law, rule or regulation to\\nthe contrary, the city university shall be entitled to annually receive\\nan apportionment and payment of state assistance equal to all moneys\\nderived as a result of the tuition increase, calculated as the\\ndifference in the amount generated using the tuition rates authorized by\\nthe trustees of the city university for the two thousand eight-two\\nthousand nine academic year and the amount generated using the tuition\\nrates authorized by the trustees of the city university for the two\\nthousand nine-two thousand ten academic year, pursuant to the following\\nschedule: for the two thousand nine-two thousand ten academic year, the\\ncity university shall receive an amount equal to twenty percent of such\\ntuition increase; for the two thousand ten-two thousand eleven academic\\nyear, the city university shall receive an amount equal to thirty\\npercent of such tuition increase; for the two thousand eleven-two\\nthousand twelve academic year, the city university shall receive an\\namount equal to forty percent of such tuition increase; and for the two\\nthousand twelve-two thousand thirteen academic year, the city university\\nshall receive an amount equal to fifty percent of such tuition increase.\\nSuch apportionment shall be for the enhanced investment in the city\\nuniversity of the state of New York and shall be used to supplement, not\\nsupplant, gross senior college operating budget support, unless the\\ndirector of the budget determines that state fiscal conditions preclude\\nsuch an outcome and, in which case, the director shall submit a report\\nregarding the recommended funding levels and whether the tuition\\nincrease apportionment provisions of this subdivision have been complied\\nwith for the city university of the state of New York to the chairs of\\nthe senate finance committee and the assembly ways and means committee\\nand the chairs of the senate higher education committee and the assembly\\nhigher education committee no later than fifteen days following the\\nrelease of the executive budget.\\n 5. The comptroller of the state of New York shall provide accounting,\\npayroll, expenditure and revenue reporting and similar services for the\\nsenior colleges for the period commencing July first, nineteen hundred\\neighty-two and thereafter. Notwithstanding any other provision of law,\\nhe may, to the extent he deems it necessary and practicable, require\\nsenior colleges of the city university to conform to statutory\\nrequirements, rules, and administrative procedures applicable to state\\ndepartments and agencies.\\n 6. The director of the budget of the state of New York may, to the\\nextent he deems it necessary and practicable, giving due consideration\\nto the particular circumstances of the city university, require the\\nsenior colleges of the city university of New York to conform to the\\nstate statutory requirements, rules and administrative procedures such\\nas are applicable to the state university of New York regarding\\nbudgetary and fiscal matters.\\n 7. For the purposes of this subdivision, \"net operating expenses\"\\nshall be defined as the total operating expenses of approved programs\\nand services less: (a) all excess tuition and instructional and\\nnon-instructional fees attributable to the senior colleges and received\\nfrom the city university construction fund pursuant to subdivision b of\\nsection sixty-two hundred seventy-eight of this chapter; (b) an amount\\nto be deposited from overhead funds and miscellaneous earnings recovered\\nin the administration of sponsored programs for which the research\\nfoundation of the city university of New York has been designated as\\nfiscal administrator; (c) the amount of all monies from any source other\\nthan those paid by the city, if any, and the state on a per centum basis\\nof the net operating budget, which are expended through the operating\\nbudget; and (d) that portion of the operating costs of central\\nadministration and university-wide programs which the state budget\\ndirector determines to be chargeable to the community colleges and which\\nis to be paid by the city of New York pursuant to paragraph two of\\nsubdivision C of this section.\\n B. Senior college capital costs. Commencing with the twelve-month\\nperiod beginning July first, nineteen hundred eighty-two and thereafter,\\nthe state shall pay one hundred per centum of capital costs exclusive of\\nthose financed pursuant to the provisions of article one hundred\\ntwenty-five-B of this chapter, of the senior colleges of the city\\nuniversity of New York, provided however that commencing with the twelve\\nmonth period beginning July first, nineteen hundred eighty-two and\\nthereafter, the state shall pay one hundred per centum of capital costs\\nexclusive of those financed pursuant to the provisions of article one\\nhundred twenty-five-B of this chapter, of the college of Staten Island,\\nNew York city college of technology and, commencing with the twelve\\nmonth period beginning July first, two thousand nine and thereafter,\\nMedgar Evers college, provided, however, that appropriations authorizing\\nsuch costs have been approved by the legislature. The advancement of\\ncapital projects pursuant to this subdivision shall be undertaken only\\nin accordance with the provisions of section ninety-three of the state\\nfinance law.\\n C. Community colleges. 1. The amount, methods and procedures for the\\npayment of state aid to community colleges of the city university of New\\nYork shall continue to be governed pursuant to the provisions of section\\nsixty-three hundred four of this chapter and any rule or regulation\\npromulgated pursuant thereto. Notwithstanding any inconsistent provision\\nof law, for the purposes of this paragraph, any reference contained in\\nsection sixty-three hundred four of this chapter to the approval of the\\nstate university trustees for such state aid purposes shall, in lieu\\nthereof, be deemed to mean and refer to the approval of the board of\\ntrustees and any reference to a community college in such section shall\\nbe deemed to mean and refer to a community college as defined in section\\nsixty-two hundred two of this article; provided however, that any rule\\nor regulation approved by the board of trustees, for such state aid\\npurposes, shall be the same as any rule or regulation promulgated by the\\nstate university trustees, as approved by the state director of the\\nbudget.\\n 2. Notwithstanding any other provision of law, the city of New York\\nshall appropriate in its expense budget and pay to the account of the\\ncommunity colleges of the city university of New York as operating aid\\nthat portion of the operating costs of central administration and\\nuniversity-wide programs attributable to community colleges, as defined\\npursuant to subparagraph (d) of paragraph seven of subdivision A of this\\nsection.\\n D. College of Staten Island. Notwithstanding the designation of the\\ncollege of Staten Island as a senior college:\\n (i) the city of New York shall annually appropriate in its expense\\nbudget and pay to the city university of New York, as operating aid in\\nsupport of the programs and services of the college of Staten Island, an\\namount for each full-time equivalent student in the associate degree\\nprogram of the college equal to the amount the city of New York is\\nappropriating and paying for each full-time equivalent student in the\\ncommunity colleges;\\n (ii) and the state of New York shall annually appropriate and pay to\\nthe city university of New York an amount equal to the net operating\\nexpenses of the college of Staten Island less the amount payable by the\\ncity of New York pursuant to this subdivision. Such state of New York\\npayment shall be made in four installments on or before April\\ntwenty-fifth, June twenty-fifth, October twenty-fifth and January\\ntwenty-fifth. The amount to be paid by the city of New York pursuant to\\nthis subdivision shall be determined by the state director of the\\nbudget, based upon information submitted by the mayor in such form and\\ncontent and at such time as may be requred by the state director of the\\nbudget.\\n E. Medgar Evers college. Notwithstanding the designation of Medgar\\nEvers college as a senior college:\\n (i) in addition to the amounts specified in subparagraph e of\\nparagraph two of subdivision A of this section, the city of New York\\nshall annually appropriate in its expense budget and pay to the city\\nuniversity of New York as operating aid in support of the programs and\\nservices, an amount for each full-time equivalent student in the\\nassociate degree program of the college equal to the amount the city of\\nNew York is appropriating and paying for each full-time equivalent\\nstudent in the community colleges; and\\n (ii) the state of New York shall annually appropriate and pay to the\\ncity of New York on behalf of the city university of New York an amount\\nequal to the net operating expenses of Medgar Evers college less the\\namount payable by the city of New York pursuant to this subdivision.\\nSuch state of New York payment shall be made in four installments on or\\nbefore April twenty-fifth, June twenty-fifth, October twenty-fifth and\\nFebruary twenty-fifth. The amount to be paid by the city of New York\\npursuant to this subdivision shall be determined by the state director\\nof the budget, based upon information submitted by the mayor in such\\nform and content and at such time as may be required by the state\\ndirector of the budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6222", "title" : "Admission of non-residents of the city of New York to each community college of the city university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-04" ], "docLevelId" : "6222", "activeDate" : "2014-09-22", "sequenceNo" : 1458, "repealedDate" : null, "fromSection" : "6222", "toSection" : "6222", "text" : " § 6222. Admission of non-residents of the city of New York to each\\ncommunity college of the city university. 1. In addition to admitting\\nresidents of the city of New York, each city university community\\ncollege shall, in accordance with the provisions of this section, admit\\nnon-residents of New York city as students.\\n 2. The methods and procedures for the admission of such non-resident\\nstudents to the city university of New York community colleges shall be\\nin accordance with the provisions of section sixty-three hundred five of\\nthis chapter. Notwithstanding any inconsistent provision of law, any\\nreference contained in such section sixty-three hundred five to the\\nstate university trustees or to the chancellor of the state university\\nof New York shall, for the purposes of this section, be deemed to mean\\nand refer to the board of trustees and the chancellor of the city\\nuniversity of New York, respectively.\\n 3. The city university board of trustees shall work in conjunction\\nwith the state university board of trustees for the purposes of\\nexamining the laws, regulations, and policies regarding community\\ncollege charges for non-resident students and submitting a report to the\\nlegislature pursuant to subdivision eleven of section sixty-three\\nhundred five of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6223", "title" : "Deferred education payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6223", "activeDate" : "2014-09-22", "sequenceNo" : 1459, "repealedDate" : null, "fromSection" : "6223", "toSection" : "6223", "text" : " § 6223. Deferred education payments. The board of trustees, by\\nregulation, shall provide that upon request by a student attending any\\ncollege of the city university who is an eligible veteran, the payment\\nof tuition and other fees and charges, less the amounts payable for such\\npurposes from scholarships or other financial assistance awarded said\\nveteran pursuant to article thirteen of this chapter, article one\\nhundred thirty of this chapter or any other college, state or federal\\naid program, shall be deferred in such amounts and until such times as\\nthe several payments of veterans' benefits under the Veterans'\\nReadjustment Benefit Act of 1966, as amended, are received by the\\nveteran, provided that the veteran has filed a claim for such benefits\\nand presents to the city university proof of eligibility, extent of\\nentitlement to benefits and the need for deferral until the receipt of\\nsuch benefits.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6224", "title" : "Claims against city university", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6224", "activeDate" : "2014-09-22", "sequenceNo" : 1460, "repealedDate" : null, "fromSection" : "6224", "toSection" : "6224", "text" : " § 6224. Claims against city university. 1. The provisions of sections\\nfifty-e and fifty-i of the general municipal law shall, notwithstanding\\nany inconsistent provision of law, continue to apply to actions and\\nproceedings based on a cause of action involving a community college of\\nthe city university of New York or an officer, agent, servant or\\nemployee of such community college acting in the course of his\\nemployment. The provisions of subdivisions four, five and six of this\\nsection shall not apply to such actions and proceedings.\\n 2. No action or proceeding based on a cause of action involving a\\ncommunity college of the city university of New York or an officer,\\nagent, servant or employee of such community college acting in the\\ncourse of his employment may be prosecuted or maintained unless it shall\\nappear by and as an allegation in the complaint or necessary moving\\npapers that at least thirty days have elapsed since a demand setting\\nforth the underlying basis for such matter was presented to the city\\nuniversity for adjustment, and that the officers or bodies having the\\npower to adjust or pay such demand have neglected or refused to make an\\nadjustment or payment thereof for thirty days, after such presentment.\\n 3. The city university may require any person presenting to it for\\nsettlement an account or claim for any cause whatever against it to be\\nsworn before it or a committee thereof, or before any person designated\\nby such board of trustees touching such account or claim, and when so\\nsworn, to answer orally as to any facts relative to the justness of such\\naccount or claim. A trustee or any person designated as hereinbefore\\nstated shall have the power to administer an oath to any person who\\nshall give testimony to the justness of such account or claim. Willful\\nfalse swearing before the board of trustees, a committee thereof or any\\nperson designated as hereinbefore stated shall be perjury and punishable\\nas such.\\n 4. Exclusive jurisdiction is hereby conferred upon the court of claims\\nto hear, audit and determine the claims of any person against the city\\nuniversity of New York (a) for wrongful death, (b) in connection with\\ncauses of action sounding in tort alleged to have been committed by a\\nsenior college of such university or any officer, agent, servant or\\nemployee of a senior college of such university in the course of his\\nemployment on behalf of such university, and (c) for the breach of a\\ncontract relating to construction, reconstruction, improvement,\\nmaintenance, operation, purchase or personal services entered into by\\nsuch university in connection with a senior college of such university\\nor any officer, agent, servant or employee of a senior college of such\\nuniversity in the course of his employment on behalf of such university\\nin the same manner and to the extent provided by and subject to the\\nprovisions of the court of claims act, including time limitations, with\\nrespect to claims against the state, and to make awards and render\\njudgments therefor. Such jurisdiction shall attach to all claims\\nagainst the city university which arise on and after July first,\\nnineteen hundred seventy-nine. Nothing contained in this section shall\\nbe construed as passing upon the merits of any such claims and no such\\naward shall be made or judgment rendered unless supported by such\\nevidence as would sustain a judgment against an individual or\\ncorporation in a court of law or equity.\\n 5. (a) Notwithstanding any inconsistent provisions of law, the\\ncomptroller of the state of New York is authorized to examine, audit and\\ncertify for payment, in accordance with procedures applicable to and\\nfunding sources available for the payment by the state of any claim,\\nsettlement or judgment against the state, (1) any judgment of the court\\nof claims, (2) any settlement approved by the court of claims pursuant\\nto section twenty-a of the court of claims act and (3) any claim which\\nwould be otherwise subject to the provisions of subdivision four of this\\nsection, provided such claim shall have been approved for payment by the\\nboard of trustees of the city university of New York or its designee, by\\nthe director of the budget and by the attorney general.\\n (b) Notwithstanding any inconsistent provisions of law, and in\\naddition to the procedures set forth above, the comptroller of the state\\nof New York is authorized to examine, audit and certify for payment any\\nclaim not in excess of the amount specified in subdivision twelve-a of\\nsection eight of the state finance law which is otherwise subject to the\\nprovisions of subdivision four of this section in accordance with the\\nprovisions of such subdivision twelve-a.\\n 6. Notwithstanding any inconsistent provisions of law, with respect to\\nclaims against the city university which arise on and after July first,\\nnineteen hundred seventy-nine, the comptroller of the state of New York\\nis authorized to examine, audit, certify for payment and pay from\\nfunding sources available for payment of claims by the state any\\nsettlement, order or judgment in any federal or state court, other than\\nthe court of claims, or any administrative tribunal which pertains to a\\nsenior college of the city university of New York. No such order or\\njudgment shall be paid except upon a certificate of the attorney general\\nthat it has been entered. No such settlement shall be paid unless it\\nshall have been approved for payment by the board of trustees of the\\ncity university of New York, or its designee, by the director of the\\nbudget and by the attorney general. Nothing contained in this\\nsubdivision shall be deemed to affect or alter the jurisdiction of any\\ncourt or administrative tribunal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6225", "title" : "Pending actions and proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6225", "activeDate" : "2014-09-22", "sequenceNo" : 1461, "repealedDate" : null, "fromSection" : "6225", "toSection" : "6225", "text" : " § 6225. Pending actions and proceedings. No action or proceeding\\nbased upon a cause of action which arose prior to the effective date of\\nthis article or, with respect to Medgar Evers college, prior to July\\nfirst, nineteen hundred ninety-four, brought by or against the city of\\nNew York, the city university of New York or its board of trustees, or\\nthe city university construction fund shall be affected by any provision\\nof this article, but the same may be prosecuted or defended by the\\ncorporation counsel of the city of New York in the name of the body\\ncorporate of the city university of New York created by this article in\\nthe same court in which the action is pending. In all such actions and\\nproceedings such body corporate, upon application to the court, shall be\\nsubstituted as a party. Judgments or awards in any such action or\\nproceeding shall be paid by the city of New York in the same manner as\\nprior to the effective date of this article, provided, however, the\\nstate shall reimburse the city to the extent required by law in effect\\nat the time the cause of action arose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6226", "title" : "Community college severence provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6226", "activeDate" : "2014-09-22", "sequenceNo" : 1462, "repealedDate" : null, "fromSection" : "6226", "toSection" : "6226", "text" : " § 6226. Community college severence provisions. a. On July first,\\nnineteen hundred seventy-five:\\n 1. Any funds and copies of all books, papers and records of the\\ntrustees of the state university, pertaining to or connected with the\\ncommunity colleges, shall become the property of the board of trustees.\\n 2. Any business or other matter undertaken or commenced by the\\ntrustees of the state university of New York pertaining to or connected\\nwith the community colleges may be conducted and completed by the board\\nof trustees under the same terms and conditions and with the same effect\\nas if conducted and completed by such board of trustees.\\n 3. Inclusion in the master plan of the state university of New York of\\na facility or of a plan or recommendation with respect to a community\\ncollege shall constitute inclusion of such facility, plan or\\nrecommendation in the master plan of the city university, and any\\napproval by the board of regents of any facility, plan or recommendation\\nincluded in the master plan of the state university with respect to a\\ncommunity college and the incorporation thereof in the regents plan for\\nhigher education, and any approval by the governor of the regents plan\\ninsofar as it relates to such facility, plan or recommendation, shall\\nconstitute the requisite approvals of the inclusion of such facility,\\nplan or recommendation in the master plan of the city university for\\npurposes of section two hundred thirty-seven of this article and article\\none hundred twenty-five-B of this chapter, and any other law.\\n 4. Any person who, immediately prior to July first, nineteen hundred\\nseventy-five, was appointed to a position on the instructional staff of\\na community college pursuant to former section sixty-two hundred six-b\\nof this article shall be considered as of the effective date of this\\narticle to have been appointed to a comparable position under section\\nsixty-two hundred ten of this chapter. Any person who, immediately prior\\nto July first, nineteen hundred seventy-five, had achieved tenure under\\nformer section sixty-two hundred six-b of this chapter shall be\\nconsidered as of July first, nineteen hundred seventy-five as having\\nachieved tenure and/or attained such other right under section sixty-two\\nhundred ten of this chapter. The period of creditable service of any\\nperson who, prior to July first, nineteen hundred seventy-five, had at\\nany time served in a position on the instructional staff of a community\\ncollege pursuant to former section sixty-two hundred six-b of this\\nchapter shall be counted in computing the years of service of such\\nperson required under section sixty-two hundred ten of this chapter in\\nthe achievement of tenure.\\n b. The board of trustees is hereby authorized to enter into any\\nagreement to effectuate the purposes of chapter three hundred thirty-two\\nof the laws of nineteen hundred seventy-five.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6227", "title" : "Reference in provisions relating to retirement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6227", "activeDate" : "2014-09-22", "sequenceNo" : 1463, "repealedDate" : null, "fromSection" : "6227", "toSection" : "6227", "text" : " § 6227. Reference in provisions relating to retirement. Whenever the\\nterm \"board of higher education of the city of New York\" or \"board of\\nhigher education of a city having a population of one million or more\"\\nis referred to or designated in any charter or administrative code or\\nany other general, special or local law relating to pension or\\nretirement systems, including but not limited to the New York city\\nemployees' retirement system, the New York city teachers' retirement\\nsystem, the board of education retirement system or board of higher\\neducation optional retirement program, such reference or designation\\nshall be deemed to refer to the corporate body of the city university of\\nNew York continued by this article. Whenever the provisions of such law\\nrequire the city of New York to make payments to such pension or\\nretirement systems or program on behalf of instructional and\\nnon-instructional staff of senior colleges of the city university of New\\nYork, such payments shall be made, with respect to employment on and\\nafter the effective date of this article, by the city university of New\\nYork.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6228", "title" : "Transitory provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6228", "activeDate" : "2014-09-22", "sequenceNo" : 1464, "repealedDate" : null, "fromSection" : "6228", "toSection" : "6228", "text" : " § 6228. Transitory provisions. 1. Whenever the term \"board of higher\\neducation of the city of New York\" or \"board of higher education of a\\ncity having a population of one million or more\" is referred to or\\ndesignated in any law, general, special or local, contract, lease,\\njudgment, decision or document pertaining to the functions, powers and\\nduties hereby continued in, transferred and assigned to, or devolved\\nupon, the corporate body of the city university of New York continued by\\nthis article, such reference or designation shall be deemed to refer to\\nand include the corporate body of the city university of New York\\ncontinued by this article, so far as such law, contract, lease,\\njudgment, decision or document pertains to matters which are within its\\njurisdiction by reason of the redesignation, continuation, transfer,\\nassignment and devolution of functions, powers and duties made by this\\narticle.\\n 2. All contracts, leases and other agreements entered into by the\\nboard of higher education of the city of New York on behalf of the city\\nuniversity of New York before the effective date of this article shall\\nbe conducted and completed by the body corporate of the city university\\nof New York continued by this article in the same manner and under the\\nsame terms and conditions and with the same effect as if the same had\\nbeen conducted and completed by the board of higher education of the\\ncity of New York. In addition, any contracts, leases and other\\nagreements entered into by the city university of New York prior to the\\neffective date of this article shall remain in full force and effect and\\nshall be conducted and completed by the body corporate of the city\\nuniversity of New York continued by this article.\\n 3. All rights, title and interest in personal property used for\\neducational or administrative purposes of the senior colleges of the\\ncity university of New York vested in the city of New York on the\\neffective date of this article are hereby transferred, assigned and\\ndevolved upon the city university of New York.\\n 4. No existing right or remedy of any character shall be lost,\\nimpaired or affected, nor shall any new right or remedy of any character\\naccrue to or for the benefit of any person by reason of the continuation\\nof the corporate body of the city university of New York pursuant to the\\nprovisions of this article.\\n 5. Any lease entered into by the city of New York for the purposes of\\nthe senior colleges of the city university of New York before the\\neffective date of this article is hereby transferred, assigned and\\ndevolved upon the city university of New York, notwithstanding any\\nprovision that may be contained therein providing for the\\nnonassignability of such lease and any such provision shall be deemed to\\nbe void as against the public policy of the state and of no force and\\neffect; provided however, that the city of New York shall guarantee the\\nperformance by the city university of the obligation of the lessee under\\nsuch lease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6229", "title" : "City university of New York community college budget process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6229", "activeDate" : "2014-09-22", "sequenceNo" : 1465, "repealedDate" : null, "fromSection" : "6229", "toSection" : "6229", "text" : " § 6229. City university of New York community college budget process.\\n1. For the purposes of this section and section sixty-two hundred\\ntwenty-one of this article, the term \"approved programs and services\"\\nshall mean and include all programs and services provided by the\\ncommunity colleges, except for campus schools or other elementary or\\nsecondary schools which receive state aid under other provisions of law,\\nprovided that all such programs have been approved as a part of the\\nmaster plan of the city university and as a part of the regents plan for\\nhigher education or general revision thereof pursuant to section two\\nhundred thirty-seven of this chapter.\\n 2. For each city fiscal year, the chancellor of the city university\\nshall prepare a proposed operating and capital budget for all approved\\nprograms and services. The form and content of such proposed operating\\nand capital budget shall be the same as that approved by the state\\ndirector of the budget for the community colleges of the state\\nuniversity of New York. The proposed operating budget shall be submitted\\nin accordance with subdivision one-b of section sixty-three hundred four\\nof this chapter and shall also set forth the separate operating budgets\\nof each community college.\\n 3. Such proposed operating and capital budget, after approval by the\\nboard of trustees, shall be submitted to the mayor of the city of New\\nYork for his review and approval. Not later than October first of the\\ncalendar year preceding the city fiscal year, the mayor shall submit to\\nthe state budget director, in the form and content required by\\nsubdivision two hereof, the amount of expenditures that he will\\nrecommend in his executive budget for the following fiscal year for such\\napproved programs and services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6230", "title" : "City university of New York senior college budget process", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6230", "activeDate" : "2014-09-22", "sequenceNo" : 1466, "repealedDate" : null, "fromSection" : "6230", "toSection" : "6230", "text" : " § 6230. City university of New York senior college budget process. 1.\\nFor the purposes of this section and section sixty-two hundred\\ntwenty-one of this article, the term \"approved programs and services\"\\nshall mean and include all programs and services provided by the senior\\ncolleges excluding campus schools or other elementary or secondary\\nschools which receive state aid under other provisions of law and also\\nexcluding all unfunded accrued liability payments, revised unfunded\\naccrued liability payments (as defined in subdivision seven of section\\nsixty-two hundred two of this article), installments of nineteen hundred\\neighty unfunded accrued liability adjustment (as defined in subdivision\\neight of such section sixty-two hundred two), installments of nineteen\\nhundred eighty-two unfunded accrued liability adjustment (as defined in\\nsubdivision eight-a of such section sixty-two hundred two), installments\\nof NYCERS nineteen hundred eighty-five unfunded accrued liability\\nadjustment attributable to the senior colleges (as defined in\\nsubdivision eight-b of such section sixty-two hundred two), installments\\nof NYCTRS nineteen hundred eighty-five unfunded accrued liability\\nadjustment (as defined in subdivision eight-c of such section sixty-two\\nhundred two), installments of NYCTRS nineteen hundred eighty-six\\nunfunded accrued liability adjustment (as defined in subdivision eight-d\\nof such section sixty-two hundred two), installments of New York city\\nemployees' retirement system nineteen hundred eighty-eight unfunded\\naccrued liability adjustment attributable to the senior colleges (as\\ndefined in subdivision eight-e of such section sixty-two hundred two),\\ninstallments of New York city teachers' retirement system nineteen\\nhundred eighty-eight unfunded accrued liability adjustment attributable\\nto the senior colleges (as defined in subdivision eight-f of such\\nsection sixty-two hundred two), installments of any NYCERS post-June\\nthirtieth, nineteen hundred ninety unfunded accrued liability adjustment\\nattributable to the senior colleges (as defined in subdivision eight-g\\nof such section sixty-two hundred two), installments of any NYCTRS\\npost-June thirtieth, nineteen hundred ninety unfunded accrued liability\\nadjustment attributable to the senior colleges (as defined in\\nsubdivision eight-h of such section sixty-two hundred two),\\ncontributions for twenty-year amortization of nineteen hundred ninety\\nsenior college consolidated UAL and senior college remainder of BSL (as\\ndefined in subdivision eight-o of section sixty-two hundred two of this\\narticle) and balance sheet liability contributions (as defined in\\nsubdivision nine of such section sixty-two hundred two) required to be\\nmade pursuant to chapters nine hundred seventy-five, nine hundred\\nseventy-six and nine hundred seventy-seven of the laws of nineteen\\nhundred seventy-seven or the provisions of law referred to in such\\nsubdivisions with respect to pension contributions, provided that all\\nsuch programs have been approved as a part of the master plan of the\\ncity university and as a part of the regents plan for higher education\\nor general revision thereof pursuant to section two hundred thirty-seven\\nof this chapter.\\n 2. For each city fiscal year, the chancellor of the city university\\nshall prepare a proposed operating and capital budget for all approved\\nprograms and services of the senior colleges in such form and contents\\nas shall be required by the state director of the budget. Such proposed\\noperating and capital budget, after approval by the board of trustees,\\nshall be submitted to the governor by the first day of October of each\\nyear, with copies at such time to the state director of the budget,\\nsenate finance committee and the assembly ways and means committee, for\\ninformation purposes, the director of the office of management and\\nbudget of the city of New York.\\n 3. The governor shall submit his recommendations with respect to such\\ncity university of New York senior college operating and capital budget\\nto the legislature as part of the local assistance and capital\\nconstruction portions of the executive budget, as appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6231", "title" : "Certain payment by the state of New York to the city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6231", "activeDate" : "2014-09-22", "sequenceNo" : 1467, "repealedDate" : null, "fromSection" : "6231", "toSection" : "6231", "text" : " § 6231. Certain payment by the state of New York to the city of New\\nYork. 1. a. (i) Notwithstanding any inconsistent provision of law, but\\nsubject to the provisions of paragraph d of this subdivision, the state\\nand the city of New York shall each contribute fifty per centum of:\\n (A) all unfunded accrued liability payments required to be made during\\nthe twelve-month period commencing on July first, nineteen hundred\\nseventy-nine pursuant to chapters nine hundred seventy-five, nine\\nhundred seventy-six, and nine hundred seventy-seven of the laws of\\nnineteen hundred seventy-seven with respect to required employer\\ncontributions to the New York city employees' retirement system and to\\nthe New York city teachers' retirement system on account of employees of\\nthe senior colleges of the city university of New York; and\\n (B) all revised unfunded accrued liability payments (as defined in\\nsubdivision seven of section sixty-two hundred two of this article)\\nwhich are required to be made during the twelve-month period commencing\\non July first, nineteen hundred eighty with respect to required employer\\ncontributions to such retirement systems on account of employees of such\\nsenior colleges; and\\n (C) all installments of the nineteen hundred eighty unfunded accrued\\nliability adjustment (as defined in subdivision eight of such section\\nsixty-two hundred two), which installments (if such adjustment is a\\ncharge) are required to be paid in the twelve-month period beginning on\\nJuly first, nineteen hundred eighty with respect to required employer\\ncontributions to such retirement systems on account of employees of such\\nsenior colleges.\\n (ii) Notwithstanding any inconsistent provision of law to the\\ncontrary, but subject to the provisions of paragraph d of this\\nsubdivision, the city of New York shall contribute twenty per centum of\\nthe amount of one year's interest required to be paid in the\\ntwelve-month period beginning July first, nineteen hundred eighty on the\\namount of the balance sheet liability (as such liability is determined\\nas of June thirtieth, nineteen hundred eighty) with respect to required\\nemployer contributions to such retirement systems on account of\\nemployees of such senior colleges plus thirty per centum of that portion\\nof the amount of one year's interest required to be paid in the\\ntwelve-month period beginning July first, nineteen hundred eighty on the\\namount of the balance sheet liability which would represent the amount\\nof one year's interest which would be required on the amount of a\\nhypothetical balance sheet liability had such hypothetical balance sheet\\nliability been determined on June thirtieth, nineteen hundred\\nseventy-five, with respect to required employer contributions to such\\nretirement systems on account of employees of such senior colleges.\\n (iii) Notwithstanding any inconsistent provision of law to the\\ncontrary, but subject to the provisions of paragraph d of this\\nsubdivision, the state of New York shall contribute that portion of the\\namount of one year's interest required to be paid in the twelve-month\\nperiod beginning July first, nineteen hundred eighty on the amount of\\nthe balance sheet liability (as such liability is determined as of June\\nthirtieth, nineteen hundred eighty) with respect to required employer\\ncontributions to such retirement systems on account of employees of such\\nsenior colleges, which portion shall be the remainder computed by\\nsubtracting from the amount of such one year's interest required to be\\npaid in such twelve-month period in relation to such employees, the\\namount of interest required by subparagraph (ii) of this paragraph to be\\ncontributed by the city of New York.\\n b. (i) Notwithstanding any inconsistent provision of law, but subject\\nto the provisions of paragraph d of this subdivision, commencing with\\nthe twelve-month period beginning July first, nineteen hundred\\neighty-one and ending with the twelve-month period terminating on June\\nthirtieth, nineteen hundred ninety, the state and the city of New York\\nshall each contribute fifty percentum of:\\n (A) all revised unfunded accrued liability payments (as defined in\\nsubdivision seven of section sixty-two hundred two of this article)\\nwhich are required to be made with respect to required employer\\ncontributions to such retirement systems on account of employees of such\\nsenior colleges; and\\n (B) all installments of the nineteen hundred eighty unfunded accrued\\nliability adjustment (as defined in subdivision eight of such section\\nsixty-two hundred two) which installments (if such adjustment is a\\ncharge) are required to be paid with respect to employer contributions\\nto such retirement systems on account of employees of such senior\\ncolleges.\\n (ii) Notwithstanding any inconsistent provision of law to the\\ncontrary, but subject to the provisions of paragraph d of this\\nsubdivision and subparagraph (iv) of this paragraph, commencing with the\\ntwelve-month period beginning July first, nineteen hundred eighty-one\\nand thereafter, the city of New York shall contribute twenty per centum\\nof that portion of the yearly installment of the balance sheet liability\\ncontribution (as defined in subdivision nine of such section sixty-two\\nhundred two) payable with respect to each such retirement system for\\neach such twelve-month period with respect to required employer\\ncontributions to such retirement system on account of employees of such\\nsenior colleges, plus thirty per centum of that portion of the balance\\nsheet liability contribution (as defined in subdivision nine of such\\nsection sixty-two hundred two) which would represent the hypothetical\\nbalance sheet liability contribution which would have been required to\\nbe made with respect to employer contributions on account of employees\\nof such senior colleges if the balance sheet liability had been\\ndetermined on June thirtieth, nineteen hundred seventy-five.\\n (iii) Notwithstanding any inconsistent provision of law to the\\ncontrary, but subject to the provisions of paragraph d of this\\nsubdivision and subparagraph (iv) of this paragraph, commencing with the\\ntwelve-month period beginning July first, nineteen hundred eighty-one\\nand thereafter, the state shall contribute that portion of the yearly\\ninstallment of the balance sheet liability contribution (as defined in\\nsubdivision nine of such section sixty-two hundred two) payable with\\nrespect to each such retirement system for each such twelve-month period\\nwith respect to required employer contributions to such retirement\\nsystem on account of employees of such senior colleges, which portion\\nshall be the remainder computed by subtracting from such yearly\\ninstallment with respect to such retirement system on account of such\\nemployees, the amount which the provisions of subparagraph (ii) of this\\nparagraph require the city of New York to contribute for the same\\ntwelve-month period with respect to such retirement system.\\n (iv) (A) Notwithstanding any provision of law to the contrary, but\\nsubject to the provisions of paragraph d of this subdivision, the city\\nof New York shall contribute, in each applicable twelve-month period of\\nthe twenty-year amortization schedule set forth in subdivision bb of\\nsection 13-638.2 of the administrative code of the city of New York, a\\nportion of each of the following installments, which portion shall be\\ndetermined pursuant to the method of computation set forth in\\nsubparagraph (ii) of this paragraph with respect to determination of the\\nportion of the balance sheet liability contribution required to be paid\\nby the city:\\n (1) all NYCERS installments of nineteen hundred ninety BSL\\ncontribution attributable to the senior colleges (as defined in\\nsubdivision eight-m of section sixty-two hundred two of this article);\\nand\\n (2) all NYCTRS installments of nineteen hundred ninety BSL\\ncontribution attributable to the senior colleges (as defined in\\nsubdivision eight-n of section sixty-two hundred two of this article).\\n (B) Notwithstanding any provision of law to the contrary, but subject\\nto the provisions of paragraph d of this subdivision, the state shall\\ncontribute, in each applicable twelve-month period of the twenty-year\\namortization schedule set forth in subdivision bb of section 13-638.2 of\\nthe administrative code of the city of New York, a portion of each of\\nthe installments referred to in item (A) of this subparagraph, which\\nportion shall be determined pursuant to the method of computation set\\nforth in subparagraph (iii) of this paragraph with respect to\\ndetermination of the portion of the balance sheet liability contribution\\nrequired to be paid by the state.\\n c. (i) If the nineteen hundred eighty unfunded accrued liability\\nadjustment (as defined in subdivision eight of such section sixty-two\\nhundred two) is a credit with respect to either of such retirement\\nsystems, there shall be determined the portion of the creditable\\ninstallments of such adjustment attributable to the New York city\\nemployees' retirement system and the portion of such creditable\\ninstallments attributable to the New York city teachers' retirement\\nsystem. With respect to the twelve-month period beginning on July first,\\nnineteen hundred eighty and each succeeding twelve-month period to and\\nincluding the twelve-month period ending on June thirtieth, nineteen\\nhundred ninety, one-half of the installment, for such period, of the\\ncredit attributable to the New York city employees' retirement system\\nshall be credited in favor of the city with respect to its obligations\\nto make contributions to such retirement system for such period and\\none-half of such installment shall be credited in favor of the state\\nwith respect to its obligations to make contributions to such retirement\\nsystem for such period. With respect to the twelve-month period\\nbeginning on July first, nineteen hundred eighty and each succeeding\\ntwelve-month period to and including the twelve-month period ending on\\nJune thirtieth, nineteen hundred ninety, one-half of the installment,\\nfor such period, of the credit attributable to the New York city\\nteachers' retirement system shall be credited in favor of the city with\\nrespect to its obligations to make contributions to such retirement\\nsystem for such period and one-half of such installment shall be\\ncredited in favor of the state with respect to its obligations to make\\ncontributions to such retirement system for such period.\\n (ii) There shall be determined with respect to each such retirement\\nsystem the portion of each installment of the nineteen hundred\\neighty-two unfunded accrued liability adjustment (as defined in\\nsubdivision eight-a of such section sixty-two hundred two) creditable in\\nthe twelve-month periods beginning on July first, nineteen hundred\\neighty-two and ending on June thirtieth, nineteen hundred ninety, which\\nportion is attributable to the employees of such senior colleges.\\nOne-half of such portion shall be credited in favor of the city with\\nrespect to its obligations to make contributions to the New York city\\nemployees' retirement system in each such twelve-month period and\\none-half of such portion shall be credited in favor of the state with\\nrespect to its obligations to make contributions to such retirement\\nsystem in such twelve-month period. With respect to the twelve-month\\nperiod beginning on July first, nineteen hundred eighty-two and each\\nsucceeding twelve-month period to and including the twelve-month period\\nending on June thirtieth, nineteen hundred ninety, one-half of such\\nportion applicable to the New York city teachers' retirement system\\nshall be credited in favor of the city with respect to its obligations\\nto make contributions to such retirement system in each such\\ntwelve-month period and one-half of such portion shall be credited in\\nfavor of the state with respect to its obligations to make contributions\\nto such retirement system in such twelve-month period.\\n c-1. (i) Notwithstanding any other provisions of law to the contrary,\\ncommencing with the twelve-month period beginning on July first,\\nnineteen hundred eighty-five and in each twelve-month period thereafter\\nto and including the twelve-month period ending on June thirtieth,\\nnineteen hundred ninety:\\n (A) one-half of one annual installment of the NYCERS nineteen hundred\\neighty-five unfunded accrued liability adjustment attributable to the\\nsenior colleges (as defined in subdivision eight-b of section sixty-two\\nhundred two of this article) shall be credited in favor of the city with\\nrespect to its obligations to make contributions of the New York city\\nemployees' retirement system in each such twelve-month period; and\\n (B) one-half of one such annual installment above referred to in this\\nsubparagraph shall be credited in favor of the state with respect to its\\nobligations to make contributions to such retirement system in each such\\ntwelve-month period.\\n (ii) Notwithstanding any other provision of law to the contrary, there\\nshall be determined the portion of each installment of the NYCTRS\\nnineteen hundred eighty-five unfunded accrued liability adjustment (as\\ndefined in subdivision eight-c of such section sixty-two hundred two)\\ncreditable in the twelve-month periods beginning on July first, nineteen\\nhundred eighty-five and ending on June thirtieth, nineteen hundred\\nninety, which portion is attributable to the employees of such senior\\ncolleges. One-half of such portion shall be credited in favor of the\\ncity with respect to its obligations to make contributions to the New\\nYork city teachers' retirement system in each such twelve-month period\\nand one-half of such portion shall be credited in favor of the state\\nwith respect to its obligations to make contributions to such retirement\\nsystem in such twelve-month period.\\n (iii) Notwithstanding any other provision of law to the contrary,\\nthere shall be determined the portion of each installment of the NYCTRS\\nnineteen hundred eighty-six unfunded accrued liability adjustment (as\\ndefined in subdivision eight-d of such section sixty-two hundred two)\\ncreditable in the twelve-month periods beginning on July first, nineteen\\nhundred eighty-six and ending on June thirtieth, nineteen hundred\\nninety, which portion is attributable to the employees of such senior\\ncolleges. One-half of such portion shall be credited in favor of the\\ncity with respect to its obligations to make contributions to the New\\nYork city teachers' retirement system in each such twelve-month period\\nand one-half of such portion shall be credited in favor of the state\\nwith respect to its obligations to make contributions to such retirement\\nsystem in such twelve-month period.\\n c-2. Notwithstanding any other provisions of law to the contrary:\\n (i) commencing with the twelve-month period beginning on July first,\\nnineteen hundred eighty-eight and in each twelve-month period thereafter\\nto and including the twelve-month period ending on June thirtieth,\\nnineteen hundred ninety:\\n (A) if the New York city employees' retirement system nineteen hundred\\neighty-eight unfunded accrued liability adjustment attributable to the\\nsenior colleges (as defined in subdivision eight-e of section sixty-two\\nhundred two of this article) is a charge, the state and the city of New\\nYork shall each contribute to the New York city employees' retirement\\nsystem one-half of each of the installments of such charge for such\\ntwelve-month periods; and\\n (B) if the New York city employees' retirement system nineteen hundred\\neighty-eight unfunded accrued liability adjustment attributable to the\\nsenior colleges is a credit, one-half of each installment of such credit\\nfor such twelve-month periods shall be credited in favor of the state\\nwith respect to its obligations to make contributions to such retirement\\nsystem for the twelve-month period to which such installment applies;\\nand one-half of each such installment shall be credited in favor of the\\ncity of New York with respect to its obligations to make contributions\\nto such retirement system for the twelve-month period to which such\\ninstallment applies; and\\n (ii) commencing with the twelve-month period beginning on July first,\\nnineteen hundred eighty-eight and in each twelve-month period thereafter\\nto and including the twelve-month period ending on June thirtieth,\\nnineteen hundred ninety:\\n (A) if the New York city teachers' retirement system nineteen hundred\\neighty-eight unfunded accrued liability adjustment attributable to the\\nsenior colleges (as defined in subdivision eight-f of section sixty-two\\nhundred two of this article) is a charge, the state and the city of New\\nYork shall each contribute to the New York city teachers' retirement\\nsystem one-half of each of the installments of such charge; and\\n (B) if the New York city teachers' retirement system nineteen hundred\\neighty-eight unfunded accrued liability adjustment attributable to the\\nsenior colleges is a credit, one-half of each installment of such credit\\nshall be credited in favor of the state with respect to its obligations\\nto make contributions to such retirement system for the twelve-month\\nperiod to which such installment applies and one-half of each such\\ninstallment shall be credited in favor of the city of New York with\\nrespect to its obligations to make contributions to such retirement\\nsystem for the twelve-month period to which such installment applies.\\n c-3. Notwithstanding any other provision of law to the contrary,\\ncommencing with the twelve-month period constituting the first fiscal\\nyear of the applicable designated amortization period prescribed\\npursuant to subdivision k of section 13-638.2 of the administrative code\\nof the city of New York with respect to any NYCERS post-June thirtieth,\\nnineteen hundred ninety unfunded accrued liability adjustment\\nattributable to the senior colleges (as defined in subdivision eight-g\\nof such section sixty-two hundred two), and commencing with the\\ntwelve-month period constituting the first fiscal year of the applicable\\ndesignated amortization period prescribed pursuant to such subdivision k\\nwith respect to any NYCTRS post-June thirtieth, nineteen hundred ninety\\nunfunded accrued liability adjustment attributable to the senior\\ncolleges (as defined in subdivision eight-h of such section sixty-two\\nhundred two), and in each of the next succeeding twelve-month periods of\\nsuch applicable designated period of amortization:\\n (i) if such adjustment is a charge, the state and the city of New York\\nshall each contribute to the retirement system in relation to which such\\nadjustment is established one-half of the installment of such adjustment\\ndue in such twelve-month period; and\\n (ii) if such adjustment is a credit, one-half of the installment of\\nsuch credit attributable to such twelve-month period shall be credited\\nin favor of the city with respect to its obligations to make\\ncontributions to such retirement system in such twelve-month period and\\none-half of the installment of such credit attributable to such\\ntwelve-month period shall be credited in favor of the state with respect\\nto its obligations to make contributions to such retirement system in\\nsuch twelve-month period.\\n c-4. Notwithstanding any other provision of law to the contrary, but\\nsubject to the provisions of paragraph d of this subdivision, in each\\napplicable twelve-month period of the twenty-year amortization schedule\\nset forth in subdivision bb of section 13-638.2 of the administrative\\ncode of the city of New York, the state and the city of New York shall\\neach contribute one-half of the following installments:\\n (i) all NYCERS phase-in installments of nineteen hundred ninety UAL\\ncontribution attributable to the senior colleges (as defined in\\nsubdivision eight-i of section sixty-two hundred two of this article);\\n (ii) all NYCERS regular installments of nineteen hundred ninety UAL\\ncontribution attributable to the senior colleges (as defined in\\nsubdivision eight-j of section sixty-two hundred two of this article);\\n (iii) all NYCTRS phase-in installments of nineteen hundred ninety UAL\\ncontribution attributable to the senior colleges (as defined in\\nsubdivision eight-k of section sixty-two hundred two of this article);\\nand\\n (iv) all NYCTRS regular installments of nineteen hundred ninety UAL\\ncontribution attributable to the senior colleges (as defined in\\nsubdivision eight-1 of section sixty-two hundred two of this article).\\n d. The costs of such unfunded accrued liability contributions, revised\\nunfunded accrued liability contributions, contributions on account of\\ninstallments of nineteen hundred eighty unfunded accrued liability\\nadjustment (if such adjustment is a charge), contributions on account of\\nNew York city employees' retirement system nineteen hundred eighty-eight\\nunfunded accrued liability adjustment attributable to the senior\\ncolleges (if such adjustment is a charge) and New York city teachers'\\nretirement system nineteen hundred eighty-eight unfunded accrued\\nliability adjustment attributable to the senior colleges (if such\\nadjustment is a charge), contributions on account of any NYCERS\\npost-June thirtieth, nineteen hundred ninety unfunded accrued liability\\nadjustment attributable to the senior colleges (if such adjustment is a\\ncharge), contributions on account of any NYCTRS post-June thirtieth,\\nnineteen hundred ninety unfunded accrued liability adjustment\\nattributable to the senior colleges (if such adjustment is a charge),\\nbalance sheet liability contributions and contribution on account of\\ninterest on balance sheet liability and contributions for twenty-year\\namortization of nineteen hundred ninety senior college consolidated UAL\\nand senior college remainder of BSL (as defined in subdivision eight-o\\nof section sixty-two hundred two of this article) referred to in\\nparagraphs a, b, c-1, c-2, c-3 and c-4 of this subdivision shall be\\npre-financed from city of New York funds. The state shall reimburse the\\ncity of New York for the state's share of such costs in relation to such\\nemployees resulting from such contributions payable to such retirement\\nsystems during the periods beginning on July first, nineteen hundred\\nseventy-nine and thereafter according to the repayment schedule set\\nforth for the senior colleges in subparagraph three of subdivision A of\\nsection sixty-two hundred twenty-one of this article.\\n 2. For each city fiscal year, the board of trustees of the city\\nuniversity shall submit a proposed budget request for such employer\\ncontribution as defined in subdivision one above in such form and\\ncontent as shall be required by the state director of the budget. Such\\nproposed budget request shall be submitted to the governor by the first\\nday of October of each year, with copies at such time to the state\\ndirector of the budget, the senate finance committee, the assembly ways\\nand means committee and, for information purposes, the director of the\\noffice of management and budget of the city of New York. The governor\\nshall submit his recommendations with respect to such budget to the\\nlegislature as part of the local assistance portion of the executive\\nbudget.\\n 3. The state comptroller shall annually audit the amounts paid\\npursuant to this section and shall make a report as soon as practicable\\nthereon to the governor, the temporary president of the senate, the\\nspeaker of the assembly and the mayor of the city of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6232", "title" : "College of Staten Island, New York city college of technology and Medgar Evers college programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6232", "activeDate" : "2014-09-22", "sequenceNo" : 1468, "repealedDate" : null, "fromSection" : "6232", "toSection" : "6232", "text" : " § 6232. College of Staten Island, New York city college of technology\\nand Medgar Evers college programs. A. Notwithstanding the designation of\\nthe college of Staten Island, New York city college of technology and\\nMedgar Evers college as senior colleges, the associate degree programs\\nof these colleges shall be conducted administratively and academically\\nin a manner consistent with the policies of the city university of New\\nYork applicable to such programs.\\n B. New York city college of technology (formerly known as \"New York\\ncity technical college\" and \"New York city community college\") shall\\noffer two year programs in the business, health and engineering related\\ntechnologies. For the academic year commencing September first, nineteen\\nhundred eighty-three and thereafter, no more than ten percent of the\\nfreshmen shall be enrolled in programs leading to associate in arts or\\nassociate in science degrees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6233", "title" : "Reports of the city university trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6233", "activeDate" : "2014-09-22", "sequenceNo" : 1469, "repealedDate" : null, "fromSection" : "6233", "toSection" : "6233", "text" : " § 6233. Reports of the city university trustees. 1. The trustees of\\nthe city university shall make, on or before January first of each year,\\nan annual report of its activities and such recommendations as it may\\ndeem appropriate to the board of regents, the governor, the state\\ncomptroller and the legislature. This annual report shall include a\\nsummary of city university's (1) operations and accomplishments; and (2)\\nrevenues and expenditures, in accordance with the categories or\\nclassifications established by the trustees of the city university for\\noperating and capital outlay purposes.\\n 2. a. On the fifteenth day of each month, from September through July\\nof each year, the trustees of the city university shall submit to the\\nchairs of the senate finance committee, the assembly ways and means\\ncommittee, the director of the budget and the state comptroller for\\ninformational purposes, reports developed in consultation with the\\naforementioned chairs and director of all disbursements of the city\\nuniversity. These reports shall include but not be limited to:\\n (i) a comparison of actual disbursements with the state fiscal year\\nexpenditure plan;\\n (ii) the reallocation between campuses of full-time positions and\\nfilled full-time positions compared to annual targets;\\n (iii) campus and lump sum transfers and interchanges; and\\n (iv) identification of any revenue shortfalls, deficiencies,\\nsurpluses, or budgetary actions by the governor.\\n b. In addition to the items listed in paragraph a of this subdivision,\\nthe reports submitted on the fifteenth of October through July of each\\nyear will include all receipts of the city university and a comparison\\nof actual receipts with the state fiscal year revenue plan.\\n c. In addition to the items listed in paragraphs a and b of this\\nsubdivision, the reports submitted on the fifteenth day of November and\\nApril of each year will include:\\n (i) comparison of actual enrollment to enrollment targets;\\n (ii) summary of target and actual full-time equivalent positions; and\\n (iii) breakdown by major purpose of target and filled full-time\\npositions.\\n 3. The trustees of the city university shall submit to the governor,\\nthe state comptroller, the legislature and the mayor of the city of New\\nYork, within one hundred twenty days after the close of each city\\nuniversity fiscal year, an annual financial statement for the senior\\ncolleges which has been audited by an independent certified public\\naccountant and prepared in accordance with generally accepted accounting\\nprinciples as prescribed by the state comptroller.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6233-A", "title" : "Master capital plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6233-A", "activeDate" : "2014-09-22", "sequenceNo" : 1470, "repealedDate" : null, "fromSection" : "6233-A", "toSection" : "6233-A", "text" : " § 6233-a. Master capital plan. On or before November fifteenth of each\\nyear, the trustees of the city university shall approve and submit to\\nthe chairmen of the assembly ways and means committee and the senate\\nfinance committee and to the director of the budget a master capital\\nplan setting forth the projects proposed to be constructed,\\nreconstructed, rehabilitated or otherwise substantially altered pursuant\\nto appropriations enacted or to be enacted during the succeeding five\\nyears. During the selection of projects for such plan, the trustees\\nshall, where applicable, give due consideration to projects that support\\nimprovements in environmental protection, energy and resource\\nmanagement, solar energy and conservation with particular consideration\\ngiven to a project's potential to generate cost savings over time. Such\\nplan shall specify the name, location, estimated total cost at the time\\nthe project is to be bid, the anticipated date or dates on which the\\ndesign of such project is to commence, the proposed method of financing\\nand the estimated economic life of each project. Such plan shall further\\nspecify whether proposed projects constitute new construction,\\nsubstantial rehabilitation, moderate rehabilitation or minor\\nrehabilitation and shall indicate how projects support improvements in\\nenvironmental protection, energy and resource management, solar energy\\nand conservation. Such criteria for each method of financing shall\\ninclude, but not be limited to: (i) an analysis of private enterprise,\\nfederal and any other appropriate financing standards, (ii) the\\nconsideration of the period of economic life of projects as related to\\nthe method of financing, and (iii) project cost ranges for the methods\\nof financing. Such plan specifications, categories or construction and\\ncriteria for methods of financing shall be defined by the trustees, in\\nconsultation with the city university construction fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6234", "title" : "Perfection of security interests", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6234", "activeDate" : "2014-09-22", "sequenceNo" : 1471, "repealedDate" : null, "fromSection" : "6234", "toSection" : "6234", "text" : " § 6234. Perfection of security interests. If made in connection with\\nthe design, construction, acquisition, reconstruction, rehabilitation,\\nlease, improvement, operation, maintenance, furnishing or equipping of\\ncommunity or senior college facilities, any pledge of or other security\\ninterest in moneys, earnings, income, revenues, accounts, contract\\nrights, general intangibles or other personal property, or any other\\nresources held, made or created by the city university or on its behalf\\nby any duly authorized officer, employee or agent thereof, or by any\\nother person to secure such person's obligations to the city university,\\nshall be valid, binding and perfected from the time when such pledge or\\nother security interest attaches, without any physical delivery of the\\ncollateral or further act. The lien of any such pledge or other security\\ninterest shall be valid, binding and perfected as against all parties\\nhaving claims of any kind in tort, contract or otherwise against the\\ncity university irrespective of whether or not such parties have notice\\nthereof. No instrument by which such a pledge or security interest is\\ncreated nor any financing statement need be recorded or filed. This\\nsection shall apply notwithstanding the provisions of the uniform\\ncommercial code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 35 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A125-A", "title" : "Board of Higher Education Optional Retirement Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2021-12-17" ], "docLevelId" : "125-A", "activeDate" : "2014-09-22", "sequenceNo" : 1472, "repealedDate" : null, "fromSection" : "6250", "toSection" : "6256", "text" : " ARTICLE 125-A\\n BOARD OF HIGHER EDUCATION OPTIONAL RETIREMENT PROGRAM\\nSection 6250. Definitions.\\n 6251. Optional retirement program established.\\n 6252. Rates of contribution.\\n 6253. Election.\\n 6254. Social security.\\n 6255. City not liable for payment of benefits.\\n 6256. Inconsistent provisions of other acts superseded.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6250", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6250", "activeDate" : "2014-09-22", "sequenceNo" : 1473, "repealedDate" : null, "fromSection" : "6250", "toSection" : "6250", "text" : " § 6250. Definitions. Wherever used in this article:\\n 1. The term \"city university\" means the city university of New York\\nunder the jurisdiction of the board of higher education of the city of\\nNew York.\\n 2. The term \"board\" means the board of higher education of the city of\\nNew York.\\n 3. The term \"eligible employees\" means members of the instructional\\nstaffs of the colleges administered by the board of higher education in\\nthe city of New York pursuant to the provisions of article one hundred\\ntwenty-five of the education law, who are employed in the following\\ntitles: president, dean, director, professor, associate professor,\\nassistant professor, instructor, tutor, fellow, lecturer, librarian,\\nassociate librarian, assistant librarian, library assistant, registrar,\\nassistant registrar, registrar's assistant, principal, first assistant,\\nsupervisor, assistant teacher, critic teacher, teacher, college science\\nassistant, college science technician, college engineering technician,\\nand any other members of the instructional staffs of such colleges as\\ndefined in section sixty-two hundred six, subdivision 1b of the\\neducation law, and such other titles as the board in its discretion may\\nadd thereto, by reason of their close relationship to the educational\\npurposes required to carry on the functions of the city university. No\\nperson receiving a benefit by reason of his retirement from any\\nretirement or pension system of New York state or any political\\nsubdivision thereof shall be eligible to elect the optional retirement\\nprogram.\\n 4. The term \"optional retirement program\" means the retirement program\\nestablished pursuant to this article.\\n 5. The term \"electing employee\" shall mean any eligible employee who\\nexercises his election pursuant to this article to come under the\\noptional retirement program.\\n 6. The term \"salary\" means all amounts paid by or for the city of New\\nYork as compensation for services rendered by an eligible employee.\\n 7. The term \"insurer\" shall mean a life insurance corporation, or\\nother corporation subject to supervision by the department of financial\\nservices of the state of New York.\\n 8. The term \"city\" shall mean the city of New York.\\n 9. The term \"comptroller\" shall mean the comptroller of the city of\\nNew York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6251", "title" : "Optional retirement program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6251", "activeDate" : "2014-09-22", "sequenceNo" : 1474, "repealedDate" : null, "fromSection" : "6251", "toSection" : "6251", "text" : " § 6251. Optional retirement program established. 1. There is hereby\\nestablished an optional retirement program which shall provide for the\\npurchase of contracts providing retirement and death benefits for or on\\nbehalf of electing employees. Under such program the city and such\\nemployee shall contribute, to the extent authorized or required, towards\\nthe purchase of such contracts, which shall be issued to, and become the\\nproperty of, such employees. The board may elect to offer the optional\\nretirement program to eligible employees by resolution, which shall\\nbecome effective upon approval by the mayor of the city of New York.\\n 2. The board shall designate the insurer or insurers to which payment\\nof such contributions may be made and shall approve the form and content\\nof such contracts. In making such designation and giving such approval\\nthe board shall give due consideration to (i) the nature and extent of\\nthe rights and benefits to be provided by such contracts for electing\\nemployees and their beneficiaries, (ii) the relation of such rights and\\nbenefits to the amount of contributions to be made under this article,\\n(iii) the suitability of such rights and benefits to the needs and\\ninterests of electing employees and to the interests of the city\\nuniversity in the employment and retention of eligible employees and\\n(iv) the authority and ability of the designated insurer or insurers to\\nprovide rights and benefits under such contracts.\\n 3. The board is hereby authorized to provide for the administration of\\nsuch optional retirement program and to perform or authorize the\\nperformance of such functions as may be necessary for such purposes in\\naccordance with this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6252", "title" : "Rates of contribution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-05-29" ], "docLevelId" : "6252", "activeDate" : "2014-09-22", "sequenceNo" : 1475, "repealedDate" : null, "fromSection" : "6252", "toSection" : "6252", "text" : " § 6252. Rates of contribution. 1. Employer contributions. In the case\\nof any electing employee initially appointed on or before June\\nthirtieth, nineteen hundred ninety-two, the city shall, during\\ncontinuance of his employment, makes contributions at the rate of nine\\npercentum of that portion of his city salary upon which contributions\\nare or may hereafter be paid to the secretary of the treasury of the\\nUnited States pursuant to article three of the retirement and social\\nsecurity law and at the rate of twelve percentum of that portion of his\\ncity salary above said amount, out of monies which shall be appropriated\\nto the city university for such purposes. In the case of any electing\\nemployee initially appointed on or after July first, nineteen hundred\\nninety-two, the city shall, during continuance of his employment, make\\ncontributions at the rate of eight percentum of his city salary during\\nthe first seven years of such employment and at the rate of ten\\npercentum of his city salary, thereafter, out of monies which shall be\\nappropriated to the city university for such purpose. For purposes of\\nthis subdivision, that portion of the employee's salary upon which\\ncontributions are or may thereafter be paid to the secretary of the\\ntreasury of the United States pursuant to article three of the\\nretirement and social security law shall be deemed not to exceed sixteen\\nthousand five hundred dollars.\\n 2. Employee contributions. (a) In the case of any electing employee,\\ncontributions at the rate of three percentum of his city salary shall be\\ndeducted as the employee contribution by the comptroller, provided\\nhowever that such employee contribution shall be made by the city in\\naccordance with subdivision one of this section during such period as\\neither section seventy-a of the retirement and social security law or\\nsection B3-36.1 or section B20-41.1 of the administrative code of the\\ncity of New York provides that the contribution of any member of the New\\nYork city employees' retirement system or the New York city teachers'\\nretirement system in the employ of the city shall be reduced by at least\\neight percentum of his compensation; and provided further, however, that\\nsuch employee contribution with respect to the fiscal year of the city\\nbeginning on July first, nineteen hundred seventy-two and ending on June\\nthirtieth, nineteen hundred seventy-three shall be made by the city,\\nnotwithstanding any of the foregoing provisions of this subdivision to\\nthe contrary.\\n (b) Notwithstanding any provision of paragraph (a) of this subdivision\\nor any other provision of law to the contrary, but subject to the\\nprovisions of subdivision d of section six hundred thirteen of the\\nretirement and social security law in the case of any electing employee\\ninitially appointed on or after July first, nineteen hundred ninety-two,\\ncontributions at the rate of three percentum of his or her city salary\\nshall be deducted as the employee contribution by the comptroller.\\n (c) Notwithstanding any other provision of this section or any other\\nlaw to the contrary, (1) on and after April first, two thousand eight\\nfor a member who joined the optional retirement program established\\npursuant to this article before April first, two thousand twelve and who\\nhas ten or more years of membership in such optional retirement program,\\nthe city shall contribute one-third of the three percent employee\\ncontribution required pursuant to the provisions of this section on\\nbehalf of such employee; and (2) on and after April first, two thousand\\nnine for a member who joined the optional retirement program established\\npursuant to this article before April first, two thousand twelve and who\\nhas ten or more years of membership in such optional retirement program,\\nthe city shall contribute two-thirds of the three percent employee\\ncontribution required pursuant to the provisions of this section on\\nbehalf of such employee; and (3) on and after April first, two thousand\\nten for a member who joined the optional retirement program established\\npursuant to this article before April first, two thousand twelve and who\\nhas ten or more years of membership in such optional retirement program,\\nthe city shall contribute the three percent employee contribution\\nrequired pursuant to the provisions of this section on behalf of such\\nemployee. The provisions of this paragraph shall not apply to any\\nelecting employee who becomes a member of the optional retirement\\nprogram on or after April first, two thousand twelve.\\n (d) Notwithstanding any other law to the contrary, beginning April\\nfirst, two thousand thirteen any electing employee appointed on or after\\nApril first, two thousand twelve, the rate at which each such employee\\nshall contribute in any current plan year (January first to December\\nthirty-first) shall be determined by reference to the wages of such\\nmember in the second plan year (January first to December thirty-first)\\npreceding such current plan year as follows:\\n (1) members with wages of forty-five thousand dollars per annum or\\nless shall contribute three per centum of annual wages;\\n (2) members with wages greater than forty-five thousand per annum, but\\nnot more than fifty-five thousand per annum shall contribute three and\\none-half per centum of annual wages;\\n (3) members with wages greater than fifty-five thousand per annum, but\\nnot more than seventy-five thousand per annum shall contribute four and\\none-half per centum of annual wages;\\n (4) members with wages greater than seventy-five thousand per annum\\nbut not more than one hundred thousand per annum shall contribute five\\nand three-quarters per centum of annual wages; and\\n (5) members with wages greater than one hundred thousand per annum\\nshall contribute six per centum of annual wages.\\n Notwithstanding the foregoing, during each of the first three plan\\nyears (January first to December thirty-first) in which such member has\\nestablished membership in the Board of Higher Education Optional\\nRetirement Program, such employee shall contribute a percent of annual\\nwages in accordance with the preceding schedule based upon a projection\\nof annual wages provided by the employer.\\n 3. Payment of contributions pursuant to subdivisions one and two of\\nthis section shall be made to the designated insurer or insurers upon\\naudit and warrant of the comptroller.\\n 4. In the case of an electing employee initially appointed on or after\\nthe effective date of the election to offer such programs established by\\nthe board, no contributions pursuant to subdivisions one and two of this\\nsection shall be made by the city until his completion of one year of\\nservice and continuance in service thereafter. Employee contributions,\\nif any, required during this initial year of service shall be deducted\\nand held by the comptroller. At the end of his initial year of service,\\na single contribution in an amount determined pursuant to subdivisions\\none and two of this section, with interest at the rate of four percentum\\nper annum, shall be made, upon audit and warrant of the comptroller, to\\nthe designated insurer or insurers, on behalf of such employee continued\\nin service. In the case of an electing employee who does not continue in\\nservice with the board beyond his initial year of service, the amount of\\nemployee contribution, if any, deducted from his salary shall be\\nrefunded to him, with interest at the rate of four percentum per annum.\\n 5. The provisions of subdivision four of this section shall not apply\\nto any electing employee who, at the time of initial appointment, owns a\\ncontract determined by the board to be similar to those contracts to be\\npurchased under the optional retirement program and issued by the\\ndesignated insurer or insurers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6253", "title" : "Election", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6253", "activeDate" : "2014-09-22", "sequenceNo" : 1476, "repealedDate" : null, "fromSection" : "6253", "toSection" : "6253", "text" : " § 6253. Election. 1. Election of the optional retirement program. (a)\\nEach eligible employee initially appointed on or after the effective\\ndate of the election to offer such program established by the board\\nshall, within thirty days of his entry into service, elect (i) to join\\nthe New York city teachers' retirement system in accordance with the\\nprovisions of law applicable thereto, or (ii) to elect the optional\\nretirement program established pursuant to this article; provided\\nhowever, that such persons initially appointed on or after the effective\\ndate of the election to offer such program may defer such election until\\nthe ninetieth day following such effective date of the election to offer\\nsuch program established by the board. Any such deferred election shall\\nbe effective as of the date of entry into service.\\n (b) In the event an eligible employee fails to make an election as\\nprovided in paragraph (a) of this subdivision, he shall be deemed to\\nhave elected membership in the New York City teachers' retirement\\nsystem. Such membership shall be effective as of the date of entry into\\nservice.\\n (c) The amount, if any, required to have been contributed by any\\nemployee in accordance with an election, a deferred election or failure\\nto elect pursuant to paragraph (a) or (b) of this subdivision shall be\\ncollected by payroll deductions in such manner as may be provided by the\\ncomptroller for those persons electing the optional retirement program,\\nor in the case of membership in the New York city teachers' retirement\\nsystem, by the retirement system.\\n (d) Eligible employees appointed before the effective date of the\\nelection to offer such program may elect the optional retirement program\\nestablished pursuant to this article. Such election shall be made on or\\nbefore the ninetieth day following the effective date of such offer, and\\nshall become effective on or as of the first day of January next\\nfollowing the effective date of such offer.\\n (e) Any employee who becomes eligible to elect the optional retirement\\nprogram by reason of his appointment, promotion, transfer or\\nreclassification to an eligible position may elect the optional\\nretirement program established pursuant to this article. Such election\\nshall be made within thirty days after notice in writing to such\\nemployee of his eligibility, and shall become effective on the date of\\nsuch election, except that in no case shall such election become\\neffective prior to the first day of January next following the effective\\ndate of the offer of such program.\\n (f) No election by an eligible employee of the optional retirement\\nprogram shall be effective unless it shall be accompanied by an\\nappropriate application, where required, for the issuance of a contract\\nor contracts under the program.\\n 2. Ineligibility for retirement system membership. Any employee who\\nelects the optional retirement program shall be ineligible for\\nmembership in the New York city teachers' or New York city employees'\\nretirement system so long as he shall remain continuously employed in\\nany position by the board and shall continue in the optional retirement\\nprogram.\\n 3. (a) Any eligible employee of the board who is a member or\\ntransferred contributor of either the New York city employees'\\nretirement system or the New York city teachers' retirement system at\\nthe time he elects the optional retirement program offered by the board\\npursuant to this article shall be deemed to be a person who terminates\\nmembership on the effective date of such election, for the purpose of\\ndetermining his eligibility for rights and benefits in either such\\nsystem; provided, however, that if he does not withdraw his accumulated\\ncontributions, (i) his continued service at the city university shall be\\ndeemed to be member service in either the New York city employees'\\nretirement system or the New York city teachers' retirement system for\\nthe purpose of determining his eligibility for any retirement allowance\\nor ordinary death benefit under either such system dependent upon a\\nspecified period of total service or upon attainment of a specified age\\nwhile in service or upon death while in service; and (ii) the amount of\\nany such benefit to which he or his estate or person designated by him\\nmay become entitled under either such system shall be computed only on\\nthe basis of service otherwise creditable to him therein and his\\ncompensation during such service.\\n (b) Electing employees and their beneficiaries shall not be entitled\\nto any right or benefit under either the New York city employees'\\nretirement system or the New York city teachers' retirement system other\\nthan a retirement allowance or ordinary death benefit to the extent\\nexpressly provided for in this section. Such employee shall not be\\neligible for any benefit pursuant to section B3-36.0, subdivision two or\\nsection B3-36.0, subdivision three of the administrative code of the\\ncity of New York or section two hundred forty-five of the military law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6254", "title" : "Social security", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6254", "activeDate" : "2014-09-22", "sequenceNo" : 1477, "repealedDate" : null, "fromSection" : "6254", "toSection" : "6254", "text" : " § 6254. Social security. Every electing employee shall have old-age,\\nsurvivors, and disability insurance coverage provided by the federal\\nsocial security act in accordance with the provisions of article three\\nof the retirement and social security law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6255", "title" : "City not liable for payment of benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6255", "activeDate" : "2014-09-22", "sequenceNo" : 1478, "repealedDate" : null, "fromSection" : "6255", "toSection" : "6255", "text" : " § 6255. City not liable for payment of benefits. Neither the city nor\\nthe board shall be a party to any contract purchased in whole or in part\\nwith contributions made under the optional retirement program\\nestablished and administered pursuant to this article. No retirement,\\ndeath, or other benefits shall be payable by the city or by the board\\nunder such optional retirement program. Such benefits shall be paid to\\nelecting employees or their beneficiaries by the designated insurer or\\ninsurers in accordance with the terms of their contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6256", "title" : "Inconsistent provisions of other acts superseded", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6256", "activeDate" : "2014-09-22", "sequenceNo" : 1479, "repealedDate" : null, "fromSection" : "6256", "toSection" : "6256", "text" : " § 6256. Inconsistent provisions of other acts superseded. Insofar as\\nthe provisions of this article are inconsistent with the provisions of\\nany other act, general or special, the provisions of this article shall\\nbe controlling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A125-B", "title" : "City University Construction Fund", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-01-06" ], "docLevelId" : "125-B", "activeDate" : "2014-09-22", "sequenceNo" : 1480, "repealedDate" : null, "fromSection" : "6270", "toSection" : "6283", "text" : " ARTICLE 125-B\\n CITY UNIVERSITY CONSTRUCTION FUND\\nSection 6270. Short title.\\n 6271. Definitions.\\n 6272. Fund continued.\\n 6273. Purposes of fund.\\n 6274. Administration of fund.\\n 6275. General powers.\\n 6276. Agreements with dormitory authority.\\n 6277. Authority of city to convey real property and grant\\n consents to dormitory authority.\\n 6278. Resources of fund.\\n 6279. Payments to fund.\\n 6280. Actions against fund.\\n 6281. Municipal regulations.\\n 6282. Exemption from taxation.\\n 6283. Procurements of the fund.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6270", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6270", "activeDate" : "2014-09-22", "sequenceNo" : 1481, "repealedDate" : null, "fromSection" : "6270", "toSection" : "6270", "text" : " § 6270. Short title. This article may be cited as the \"city\\nuniversity construction fund act.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6271", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6271", "activeDate" : "2014-09-22", "sequenceNo" : 1482, "repealedDate" : null, "fromSection" : "6271", "toSection" : "6271", "text" : " § 6271. Definitions. For the purposes of this article:\\n 1. \"Dormitory authority\" means the dormitory authority of the state of\\nNew York as established by the dormitory authority act.\\n 2. \"City\" means the city of New York.\\n 3. \"City university\" means the city university of New York, including\\nthe senior colleges and the community colleges governed and administered\\nby the board of higher education pursuant to article one hundred\\ntwenty-five of this chapter.\\n 4. \"Facility\" means a housing unit for the use of students, married\\nstudents, faculty, staff and the families of such married students,\\nfaculty and staff, an academic building, administration building,\\nlibrary, laboratory, classroom or other building or structure essential,\\nnecessary or useful in the academic program of the city university,\\nincluding all necessary and usual attendant and related facilities and\\nequipment.\\n 5. \"Fund\" means the city university construction fund as established\\nby this article.\\n 6. \"Senior college\" shall have the same meaning as in subdivision five\\nof section six thousand two hundred two of this chapter.\\n 7. \"Community college\" shall have the same meaning as in subdivision\\nfour of section six thousand two hundred two of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6272", "title" : "Fund continued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6272", "activeDate" : "2014-09-22", "sequenceNo" : 1483, "repealedDate" : null, "fromSection" : "6272", "toSection" : "6272", "text" : " § 6272. Fund continued. The city university construction fund\\ncreated by chapter seven hundred eighty-two of the laws of nineteen\\nhundred sixty-six is hereby continued. The fund is a corporate\\ngovernmental agency constituting a public benefit corporation. It has\\nthe powers and privileges of a corporation and all of its business shall\\nbe transacted, all funds invested, all warrants for money drawn and\\npayments made, and all cash and securities and other personal property\\nheld under its corporate name. For all purposes of this article and the\\ndormitory authority act, the fund shall be deemed to be an \"educational\\ninstitution.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6273", "title" : "Purposes of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6273", "activeDate" : "2014-09-22", "sequenceNo" : 1484, "repealedDate" : null, "fromSection" : "6273", "toSection" : "6273", "text" : " § 6273. Purposes of fund. The purposes of the fund shall be (i) to\\nprovide facilities for the city university, and (ii) to support the\\neducational purposes of the city university.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6274", "title" : "Administration of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6274", "activeDate" : "2014-09-22", "sequenceNo" : 1485, "repealedDate" : null, "fromSection" : "6274", "toSection" : "6274", "text" : " § 6274. Administration of fund. (1) For the period beginning July\\nfirst, nineteen hundred seventy-nine and ending December thirty-first,\\nnineteen hundred seventy-nine, the fund shall continue to be\\nadministered by the trustees of the city university construction fund in\\noffice as of June thirtieth, nineteen hundred seventy-nine. Effective\\nJanuary first, nineteen hundred eighty the fund shall be administered by\\nseven trustees, among whom shall be two ex-officio trustees, one of whom\\nshall be the director of the division of the budget of the state of New\\nYork, or his or her designee and the other of whom shall be the\\nchairperson of the board of trustees of the city university. The five\\nother trustees shall be appointed as follows:\\n (a) The governor shall appoint two trustees, one of whom shall be a\\ntrustee of the city university, the other of whom shall be subject to\\nthe advice and consent of the senate.\\n (b) The mayor shall appoint one trustee, who shall be subject to the\\nadvice and consent of the senate.\\n (c) The temporary president of the senate shall appoint one trustee.\\n (d) The speaker of the assembly shall appoint one trustee.\\n Each trustee, except ex officio trustees, shall serve for a term\\nexpiring at the end of the term of the officer making the appointment.\\nIn the event of a vacancy occurring in the office of a trustee by death,\\nresignation, termination of membership on the board of trustees of the\\ncity university of New York, or otherwise, a successor shall be chosen\\nin the same manner as was the trustee whose office became vacant, to\\nserve for the balance of the unexpired term.\\n (2) The chairperson and the vice-chairperson of the trustees of the\\nfund shall be appointed by and shall serve at the pleasure of the\\ngovernor. The chairperson shall preside over all meetings of the\\ntrustees and shall have such other duties as the trustees of the fund\\nmay direct. The vice-chairperson shall preside over all meetings of the\\ntrustees of the fund in the absence of the chairperson and shall have\\nsuch other duties as the trustees of the fund may direct.\\n (3) The trustees of the fund shall serve without salary, but each\\ntrustee shall be reimbursed for his, or her actual and necessary\\nexpenses incurred in the performance of his or her official duties as a\\ntrustee of the fund. The trustees of the fund may engage in private\\nemployment or in a profession or business (if not otherwise prohibited\\nfrom so doing by virtue of any other public office), subject to the\\nlimitations contained in sections seventy-three and seventy-four of the\\npublic officers law. The fund shall, for the purposes of such sections,\\nbe a \"state agency\", and the trustees thereof shall be \"officers\" of the\\nagency for the purposes of said sections.\\n (4) Notwithstanding any inconsistent provisions of law, general,\\nspecial or local, no officer or employee of the state of New York, any\\ncity, county, town or village, any other political or civil division of\\nthe state, and municipality, any governmental entity operating any\\npublic school or college, any school district or any other public\\nspecial district, any public authority, commission or board or any other\\npublic agency or instrumentality or unit of government which exercises\\ngovernmental powers under the laws of the state, shall forfeit his or\\nher office or employment by reason of his or her acceptance of\\nappointment as a trustee, officer or agent of the fund.\\n (5) The fund may delegate to one or more of its trustees, or officers,\\nagents or employees, such powers and duties as the trustees may deem\\nproper, but all contracts involving an estimated expense of ten thousand\\ndollars or more and all leases, subleases or other agreements to be\\nentered into pursuant to this article shall be approved prior to\\nexecution by no less than four trustees of the fund.\\n (6) The fund may appoint officers, employees and agents as it may\\nrequire and it will prescribe their duties and fix their compensation.\\n (7) On or before November fifteenth of each year, the fund shall\\nsubmit, and thereafter may resubmit, to the comptroller of the state of\\nNew York, the state director of the budget, the city director of\\nmanagement and budget, the chairman of the senate finance committee, and\\nthe chairman of the assembly ways and means committee, a financial\\nstatement for the preceding city fiscal year, a report of its activities\\nduring that year, and a report on its program for both the current and\\nnext succeeding city fiscal years including but not limited to: (i) the\\ntotal amount of instructional and non-instructional fees the fund\\nestimates it will receive in the succeeding city fiscal year; (ii) the\\nestimated cost of the administration of the fund in the succeeding city\\nfiscal year; (iii) the amounts, if any, of all rentals and such other\\npayments estimated to become due in the succeeding city fiscal year to\\nthe dormitory authority from the fund pursuant to any leases, subleases\\nor other agreements entered or to be entered into between the fund and\\nthe dormitory authority prior to July first, nineteen hundred\\neighty-five, to provide for senior college facilities and community\\ncollege facilities, or pursuant to any agreement supplemental thereto;\\n(iv) the amounts, if any, of all rentals and such other payments\\nestimated to become due in the succeeding city fiscal year to the\\ndormitory authority from the fund pursuant to any leases, subleases or\\nother agreements between the fund and the dormitory authority entered or\\nto be entered into on or after July first, nineteen hundred eighty-five\\nor pursuant to any agreement supplemental thereto, to provide facilities\\nfor senior colleges and community colleges; and (v) the amount of all\\nmoneys anticipated to be transferred to the city university in the\\nsucceeding city fiscal year pursuant to the provisions of subdivision\\n(b) of section sixty-two hundred seventy-eight of this article. Such\\nreport shall separately state the amounts of all rentals and such other\\npayments estimated to become due in the succeeding city fiscal year\\npursuant to any leases, subleases or other agreements between the fund\\nand the dormitory authority which are allocable to senior college\\nfacilities and community college facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6275", "title" : "General powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-03-10", "2026-05-29" ], "docLevelId" : "6275", "activeDate" : "2014-09-22", "sequenceNo" : 1486, "repealedDate" : null, "fromSection" : "6275", "toSection" : "6275", "text" : " § 6275. General powers. The fund shall have the following powers in\\naddition to those specially conferred elsewhere in this article:\\n (1) to sue and to be sued;\\n (2) to have a seal and alter the same at its pleasure;\\n (3) to make and alter by-laws for its organization and internal\\nmanagement;\\n (4) to prescribe a system of accounts, with the approval of the state\\ncomptroller;\\n (5) to accept jurisdiction over and to hold, use and improve, in\\naccordance with such terms and conditions as the fund and the city\\nuniversity shall determine any or all real property acquired by, under\\nthe jurisdiction of, or assigned to the use of the board of higher\\neducation for purposes of the city university, together with such rights\\nand privileges as may be incidental and appurtenant thereto;\\n (6) to purchase real property necessary or convenient for its\\ncorporate purposes in its own name and to execute and deliver deeds for\\nreal property held in its own name;\\n (7) to purchase, receive, lease or otherwise acquire personal property\\nnecessary and convenient for its corporate purposes and to transfer,\\nsublease or otherwise make such personal property available to the board\\nof higher education or the dormitory authority or to sell or otherwise\\nto dispose of such personal property that, in the judgment of the fund,\\nis no longer necessary for its corporate purposes;\\n (8) subject to other provisions of law, to give, donate, transfer,\\ngrant or lend to the city university upon such terms and conditions as\\nis deemed appropriate such sums of money as are not required for other\\npurposes;\\n (9) to make and execute contracts, leases, subleases and all other\\ninstruments or agreements necessary or convenient for the exercise of\\nits corporate powers and purposes;\\n (10) with the consent of the board of higher education, to use the\\nagents, employees and facilities of the city university;\\n (11) to engage the services of construction, engineering,\\narchitectural, legal and financial consultants, surveyors and\\nappraisers, on a contract basis or as employees, for professional\\nservice and technical assistance and advice;\\n (12) to cause facilities to be designed, constructed, acquired,\\nreconstructed, rehabilitated, improved, operated, maintained, furnished\\nand equipped and made secure in accordance with the provisions of this\\narticle;\\n (13) to procure insurance against loss in connection with any facility\\nin such amounts and from such insurers as it deems desirable;\\n (14) to accept, administer and disburse federal, state, and city aid;\\nand\\n (15) to do any and all things necessary or convenient to carry out its\\ncorporate powers and purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6276", "title" : "Agreements with dormitory authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6276", "activeDate" : "2014-09-22", "sequenceNo" : 1487, "repealedDate" : null, "fromSection" : "6276", "toSection" : "6276", "text" : " § 6276. Agreements with dormitory authority. (a) To fulfill the\\npurposes contained in subdivision a of section sixty-two hundred\\nseventy-three of this article, the fund may enter into leases, subleases\\nor other agreements with the dormitory authority to which the board of\\nhigher education may be a party under which the authority may provide\\nfacilities for the use of the city university. The fund may enter into\\nan agreement with the dormitory authority to which the board of higher\\neducation and the city of New York shall be parties under which the\\nauthority may acquire, design, construct or otherwise provide and\\nfurnish and equip facilities for the use of Hunter College which may\\ninclude therein a police and fire station upon a site set forth in and\\nin accordance with the terms of such agreement, as authorized in\\nparagraph f of subdivision two of section sixteen hundred eighty of the\\npublic authorities law. The provisions of the dormitory authority act\\nshall govern the relationships of the dormitory authority, the fund, and\\nthe board of higher education in the city of New York with respect to\\nall such leases, subleases or other agreements and actions thereunder,\\nand the fund may apply to the payment of rentals and other payments\\nrequired from the fund by any such leases, subleases or other agreements\\nand may pledge as security for such payments to the dormitory authority\\nwith respect to such leases, subleases or other agreements all or part\\nof the resources of the fund. The dormitory authority shall not issue\\nobligations for the provision of a senior or community college facility\\nunless a certificate of availability of funds has been approved by the\\ndirector of the budget and an appropriation for such facility has been\\nenacted.\\n (b) Neither the state, nor the city or the city university of New\\nYork, shall be liable for any rentals payable by the fund pursuant to\\nthe terms of any lease, sublease or other agreement entered into by the\\nfund under this article. Any such lease, sublease or other agreement\\nshall contain among its terms a statement to that effect.\\n (c) Housing units provided under this article for faculty, staff and\\nmarried students and the families thereof shall be used and occupied\\npursuant to leases or other agreements between the faculty, staff and\\nmarried students and the city university, the provisions of which have\\nbeen approved by the dormitory authority and the city university\\nconstruction fund. There shall be paid to the city university, pursuant\\nto such leases or other agreements by such faculty, staff and married\\nstudents, except the chancellor of the city university and the\\npresidents of any of the senior colleges or graduate institutions\\nthereof and their families, rentals, the total amount of receipts from\\nwhich rentals in each city fiscal year is to be at least equal to (i)\\nthe portion of the rentals to be paid to the dormitory authority by the\\nfund in that city fiscal year which is allocable to such housing units\\nand (ii) the expense of all direct and indirect costs of operation of\\nsuch housing units. From such receipts the city university shall account\\nfor and pay to the fund an amount equal to the portion of the rentals to\\nbe paid to the dormitory authority by the fund in that city fiscal year\\nwhich is allocable to such housing units, and the fund shall pay such\\namount to the dormitory authority in accordance with its agreements\\ntherewith. The estimated amount of rentals allocable to such housing\\nunits shall be separately stated from the amount required to be included\\nin the city university construction fund's report submitted pursuant to\\nclause three of subdivision seven of section sixty-two hundred\\nseventy-four of this article and shall not be included in the amount\\nequal to the aggregate of all rentals and such other payments due to the\\ndormitory authority from the fund of which the state and city are each\\nobligated to pay to the fund one-half pursuant to section sixty-two\\nhundred seventy-nine of this article.\\n (d) Any pledge of or other security interest in moneys, earnings,\\nincome, revenues, accounts, contract rights, general intangibles or\\nother personal property, or any other resources held, made or created by\\nthe fund or on its behalf by any duly authorized officer, employee or\\nagent thereof including the comptroller of the city of New York when\\nacting as agent pursuant to this article or by any other person to\\nsecure such person's obligations to the fund, shall be valid, binding\\nand perfected from the time when such pledge or other security interest\\nattaches, without any physical delivery of the collateral or further\\nact. The lien of any such pledge or other security interest shall be\\nvalid, binding and perfected as against all parties having claims of any\\nkind in tort, contract or otherwise against the fund irrespective of\\nwhether or not such parties have notice thereof. No instrument by which\\nsuch a pledge or other security interest is created nor any financing\\nstatement need be recorded or filed. This subdivision shall apply\\nnotwithstanding the provisions of the uniform commercial code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6277", "title" : "Authority of city to convey real property and grant consents to dormitory authority", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6277", "activeDate" : "2014-09-22", "sequenceNo" : 1488, "repealedDate" : null, "fromSection" : "6277", "toSection" : "6277", "text" : " § 6277. Authority of city to convey real property and grant consents\\nto dormitory authority. (a) Notwithstanding the provisions of any\\ngeneral, special or local law, charter or ordinance to the contrary, on\\nrequest of the fund and with the approval of the city board of estimate,\\nthe city of New York may sell, convey, lease, exchange or otherwise make\\navailable to the dormitory authority, for a nominal consideration, any\\ninterest in real property of the city designated by the board of higher\\neducation as suitable for a facility. Such sale, conveyance, lease,\\nexchange, or other disposition may be made at nominal cost and without\\nthe requirement of public auction or sealed bids, or restriction as to\\nthe term of any such lease or arrangement, and the provisions of\\nsubdivision b of section three hundred eighty-four of the New York city\\ncharter shall not apply in such cases. Conveyances made pursuant to this\\nsection shall include but shall not be limited to real property on which\\nare situated facilities of, or are under the jurisdiction of, or\\nassigned to, the board of higher education.\\n (b) Notwithstanding the provisions of any general, special or local\\nlaw, charter or ordinance to the contrary, on request of the fund, the\\ncity board of estimate in behalf of the City of New York may grant\\nrevocable or irrevocable consents or rights of any kind or nature\\nwhatsoever, providing for or involving or relating to the occupation or\\nuse of any of the streets of the city, whether on, under or over the\\nsurface thereof, to the dormitory authority, on such terms and\\nconditions and for such period of time or duration as may be determined\\nby the board of estimate to be in the public interest.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6278", "title" : "Resources of fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-04" ], "docLevelId" : "6278", "activeDate" : "2014-09-22", "sequenceNo" : 1489, "repealedDate" : null, "fromSection" : "6278", "toSection" : "6278", "text" : " § 6278. Resources of fund. (a) Subject to the provisions of this\\narticle, the trustees of the fund shall receive, accept, invest,\\nadminister, expend and disburse for its corporate purposes all monies\\nfor the city university construction fund from whatever sources derived\\nincluding (1) payments by the state pursuant to the provisions of\\nsubdivision one of section sixty-two hundred seventy-nine of this\\narticle; (2) payments by the city of New York or by the state\\ncomptroller pursuant to the provisions of subdivision two of section\\nsixty-two hundred seventy-nine of this article; (3) all instructional\\nand non-instructional fees received by the fund under section sixty-two\\nhundred fifteen of this chapter; (4) payments by the state pursuant to\\nthe provisions of subdivision four of section sixty-two hundred\\nseventy-nine of this article; (5) payments by the city pursuant to the\\nprovisions of subdivision five of section sixty-two hundred seventy-nine\\nof this article; and (6) any other payments, gifts, or appropriations to\\nthe fund from any other source exclusive of any other monies\\nappropriated by the state for the benefit of the city university.\\n (b) The monies of the fund shall be paid to the comptroller of the\\ncity of New York as agent of the fund, who shall not commingle such\\nmonies with any other monies. All city university instructional and\\nnoninstructional fees received by the fund which, together with other\\nmoneys of the fund available for payment of rentals and other payments\\ndue to the dormitory authority from the fund pursuant to any lease,\\nsublease, or other agreement entered into between the dormitory\\nauthority and the fund, exceed the amount required by the terms of any\\nlease, sub-lease or other agreement with the dormitory authority to be\\nretained for the payment of such rentals and such other payments and the\\ncosts of administration of such fund shall be transferred to the city\\nuniversity for the support, maintenance and operation of such\\nuniversity.\\n (c) The monies in any of the fund's accounts shall be paid out on\\nchecks signed by the comptroller of the city of New York on requisitions\\nof the chairman of the trustees of the fund or of such other officer or\\nemployee as the trustees shall authorize to make such requisition.\\n (d) Subject to the terms of any lease, sublease, or agreement\\nundertaken by the fund, any such monies of the fund not required for\\nimmediate use may, at the discretion of the fund, be invested in\\nobligations of the United States, of an agency, corporation or other\\ninstrumentality thereof, of the state or of the city; in obligations the\\nprincipal and interest of which are guaranteed by the United States, by\\nan agency, corporation or other instrumentality thereof or by the state;\\nor in interest-bearing certificates of deposit of a bank or trust\\ncompany located in and authorized to do business in the state of New\\nYork, each such certificate to be secured in amounts equal to the amount\\nof each such certificate by pledges of obligations of the United States,\\nof an agency, corporation or other instrumentality thereof, of the\\nstate, of the city or of obligations the principal and interest of which\\nare guaranteed by the United States, by an agency, corporation or other\\ninstrumentality thereof or by the state. The comptroller of the city of\\nNew York, as agent of the fund, shall make the investments when so\\nrequested by the fund.\\n (e) The comptroller of the city of New York or his legally authorized\\nrepresentative from time to time may examine the books and accounts of\\nthe fund, including its receipts, disbursements, contracts, reserves,\\ninvestments, and any other matters relating to its financial standing.\\nSuch an examination shall be conducted by the comptroller of the city of\\nNew York at least once every five years; in lieu of such an examination,\\nthe comptroller of the city of New York may accept from the fund an\\nexternal examination of the fund's books and accounts made at the\\nrequest of the trustees of the fund.\\n (f) In addition to the provisions of subdivision (e) of this section,\\nthe comptroller of the state of New York or his legally authorized\\nrepresentative may also from time to time examine the books and accounts\\nof the fund, including its receipts, disbursements, contracts, reserves,\\ninvestments, and any other matters relating to its financial standing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6279", "title" : "Payments to fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6279", "activeDate" : "2014-09-22", "sequenceNo" : 1490, "repealedDate" : null, "fromSection" : "6279", "toSection" : "6279", "text" : " § 6279. Payments to fund. To enable the fund to realize its corporate\\npurposes, as provided in section sixty-two hundred seventy-three of this\\narticle, the following monies shall be made available to the fund as\\nhereinafter provided:\\n (1) The state shall, in addition to any other state financial\\nassistance, annually appropriate and pay to the fund an amount equal to\\nthe aggregate of all rentals and such other payments due to the\\ndormitory authority from the fund pursuant to any lease, sublease or\\nother agreement entered into between the dormitory authority and the\\nfund prior to July first, nineteen hundred eighty-five or pursuant to\\nany agreement supplemental thereto, pursuant to which the fund and the\\ndormitory authority provide senior college facilities, for the city\\nfiscal year commencing July first succeeding the filing of the report\\nrequired to be submitted by the fund pursuant to subdivision seven of\\nsection sixty-two hundred seventy-four of this article. Such amount\\nshall be paid to the fund as follows: (i) on or before the fifteenth day\\nof July of the fiscal year of the city, the amount required to be paid\\nby the fund under any such lease, sublease or other agreement on or\\nbefore the first day of August of such city fiscal year; (ii) on or\\nbefore the fifteenth day of November of the fiscal year of the city, the\\namount required to be paid by the fund under any such lease, sublease or\\nother agreement on or before the tenth day of December of such city\\nfiscal year; (iii) on or before the fifteenth day of May of the fiscal\\nyear of the city, the amount required to be paid by the fund under any\\nsuch lease, sublease or other agreement on or before the tenth day of\\nJune of such city fiscal year; and (iv) on such day or days as shall be\\nprescribed under any such lease, sublease or other agreements, the\\namount required to be paid by the fund under any such lease, sublease or\\nother agreements entered into on or after April first, nineteen hundred\\nninety-nine.\\n The state shall, in addition to any other state financial assistance,\\nannually appropriate and pay to the fund an amount equal to one-half the\\naggregate of all rentals and such other payments due to the dormitory\\nauthority from the fund pursuant to any lease, sublease or other\\nagreement entered into between the dormitory authority and the fund\\nprior to July first, nineteen hundred eighty-five or pursuant to any\\nagreement supplemental thereto, pursuant to which the fund and the\\ndormitory authority provide community college facilities, for the city\\nfiscal year commencing July first succeeding the filing of the report\\nrequired to be submitted by the fund pursuant to subdivision seven of\\nsection sixty-two hundred seventy-four of this article, which amount\\nshall be payable as follows: (a) fifty per centum of such amount shall\\nbe payable, (i) with respect to any portion thereof required to be paid\\nby the fund under any such lease, sublease or other agreement on or\\nbefore the first day of August of such city fiscal year, on or before\\nthe fifteenth day of July, and (ii) with respect to any portion thereof\\nso required to be paid by the fund on or before the tenth day of\\nDecember of such city fiscal year, on or before the fifteenth day of\\nNovember; (b) fifty per centum of such amount shall be payable on or\\nbefore the fifteenth day of May of such city fiscal year; and (c) fifty\\nper centum of such amount shall be payable on such day or days as shall\\nbe prescribed under any such lease, sublease or other agreements, the\\namount required to be paid by the fund under any such lease, sublease or\\nother agreements entered into on or after April first, nineteen hundred\\nninety-nine.\\n (2) The city shall, in addition to any other city financial\\nassistance, annually pay to the fund an amount equal to one-half of the\\naggregate of all rentals and such other payments due to the dormitory\\nauthority from the fund pursuant to any lease, sublease or other\\nagreement entered into between the dormitory authority and the fund\\nprior to July first, nineteen hundred eighty-five or pursuant to any\\nagreement supplemental thereto, for the city fiscal year commencing July\\nfirst succeeding the filing of the report required to be submitted by\\nthe fund pursuant to subdivision seven of section sixty-two hundred\\nseventy-four of this article, which amount shall be payable as follows:\\n(a) fifty per centum of such amount shall be payable, (i) with respect\\nto any portion thereof required to be paid by the fund under any such\\nlease, sublease or other agreement on or before the first day of August\\nof such city fiscal year, on or before the fifteenth day of July, and\\n(ii) with respect to any portion thereof so required to be paid by the\\nfund on or before the tenth day of December of such city fiscal year, on\\nor before the fifteenth day of November; and (b) fifty per centum of\\nsuch amount shall be payable on or before the fifteenth day of May of\\nsuch city fiscal year; provided, however, that such amount shall have\\nbeen first appropriated by the city to the fund or shall otherwise have\\nbeen made lawfully available to the fund for such purposes; provided,\\nfurther, that the amount required to be paid to the fund by the city at\\nany time on account of the rentals and such other payments due to the\\ndormitory authority from the fund pursuant to any lease, sublease or\\nother agreement entered into between the dormitory authority and the\\nfund prior to July first, nineteen hundred eighty-five or pursuant to\\nany agreement supplemental thereto, pursuant to which the fund and the\\ndormitory authority provide senior college facilities, shall be reduced\\nby an amount equal to the amount by which the payment made by the state\\npursuant to the first paragraph of subdivision one of this section on\\naccount of such lease, sublease or other agreement exceeds one-half of\\nthe amount then required to be paid by the state on account of such\\nlease, sublease or other agreement. In the event of the failure of the\\ncity to pay the fund, pursuant to the schedule of payments established\\nby this subdivision, all or part of such amounts, the fund shall\\nforthwith make and deliver to the comptroller of the state of New York a\\ncertificate stating such amount and the sum, if any, paid by the city to\\nthe fund with respect to such amount, and further stating the difference\\nbetween such amount and such sum, and, after the state comptroller shall\\nhave given written notice to the city director of management and budget,\\nsuch difference, but not to exceed sixty-five million dollars in any one\\ncity fiscal year, shall be paid to the fund by the state comptroller out\\nof the next succeeding payment of state aid apportioned to the city of\\nNew York as per capita aid for the support of local government pursuant\\nto section fifty-four of the state finance law during such city fiscal\\nyear. The amount so paid over to the fund shall be deducted from the\\ncorresponding apportionment of such per capita state aid otherwise\\npayable to the city of New York, and shall not obligate the state to\\nmake or entitle the city of New York to receive any additional\\napportionment or payment of per capita state aid. Notwithstanding any\\nother provision of law, the city shall have the power to contract\\nindebtedness and to issue its obligations pursuant to the local finance\\nlaw for the purpose of financing any payment authorized or required to\\nbe made by the city by this subdivision. Any such payment shall\\nconstitute an object or purpose for which the period of probable\\nusefulness is hereby determined to be five years.\\n (3) (a) The state shall, in addition to any other state assistance,\\nannually appropriate and pay to the city of New York for the\\ntwelve-month period commencing July first, nineteen hundred eighty-two\\nand thereafter, an amount equal to the amount paid by the city pursuant\\nto subdivision two of this section attributable to senior college\\nfacilities.\\n (b) For the purposes of this section and subdivision seven of section\\nsixty-two hundred seventy-four of this article, the term \"senior college\\nfacilities\" shall be deemed to mean and refer to any facility of the\\ncity university which is or has been financed by bonds, notes or other\\nobligations of the dormitory authority pursuant to any lease, sublease\\nor other agreement between the dormitory authority and the fund which\\nrelates to an educational unit of the city university which was, or is,\\nincluded as a senior college on the date as of which such lease,\\nsublease or other agreement is dated.\\n (c) In addition to the amounts specified in paragraph (a) of this\\nsubdivision, the state shall, in addition to any other state assistance,\\nannually appropriate and pay to the city of New York for the twelve\\nmonth period commencing July first, nineteen hundred eighty-two and\\nthereafter an amount equal to the amount paid by the city pursuant to\\nsubdivision two of this section attributable to facilities of New York\\ncity college of technology and to that educational unit of the college\\nof Staten Island whose primary purpose is providing associate and\\ncertificate programs in general and technical educational subjects.\\n (4) The state shall, in addition to any other state financial\\nassistance, annually appropriate and pay to the fund for the benefit of\\nthe city university an amount equal to the aggregate of all rentals and\\nother payments due to the dormitory authority from the fund on account\\nof senior college facilities and one-half of all rentals and other\\npayments due to the dormitory authority from the fund on account of\\ncommunity college facilities, which rentals and other payments are\\npayable by the fund pursuant to any lease, sublease or other agreement\\nentered into between the dormitory authority and the fund on or after\\nJuly first, nineteen hundred eighty-five, other than pursuant to an\\nagreement supplemental to any lease, sublease or other agreement entered\\ninto between the dormitory authority and the fund prior to July first,\\nnineteen hundred eighty-five, for the city fiscal year commencing July\\nfirst succeeding the filing of the report required to be submitted by\\nthe fund pursuant to subdivision seven of section sixty-two hundred\\nseventy-four of this article. Such amount shall be paid to the fund as\\nfollows: (i) on or before the fifteenth day of July of the fiscal year\\nof the city, the amount required to be paid by the fund on account of\\nsenior college facilities and fifty per centum of the amount required to\\nbe paid by the fund on account of community college facilities under any\\nsuch lease, sublease or other agreement on or before the first day of\\nAugust of such city fiscal year; (ii) on or before the fifteenth day of\\nNovember of the fiscal year of the city, the amount required to be paid\\nby the fund on account of senior college facilities and fifty per centum\\nof the amount required to be paid by the fund on account of community\\ncollege facilities under any such lease, sublease or other agreement on\\nor before the tenth day of December of such city fiscal year; and (iii)\\non or before the fifteenth day of May of the fiscal year of the city,\\nthe amount required to be paid by the fund on account of senior college\\nfacilities and fifty per centum of the amount required to be paid by the\\nfund on account of community college facilities under any such lease,\\nsublease or other agreement on or before the tenth day of June of such\\ncity fiscal year. In the event of the failure of the state to pay the\\nfund when due pursuant to this subdivision all or part of such amounts,\\nthe fund shall forthwith make and deliver to the comptroller of the\\nstate of New York a certificate stating the amount of the payment\\nrequired to have been made by the state, the amount paid by the state\\nand the amount remaining unpaid by the state. The comptroller of the\\nstate of New York, after giving written notice to the state director of\\nthe budget, shall pay to the fund the amount set forth in such\\ncertificate as remaining unpaid, which amount shall be paid from any\\nmoneys appropriated by the state pursuant to section sixty-two hundred\\ntwenty-one of this chapter or any successor provisions of law for or on\\naccount of the net operating costs of senior colleges and not yet paid\\nduring such city fiscal year and from any moneys appropriated by the\\nstate pursuant to subdivision one of section sixty-three hundred four of\\nthis chapter or any successor provisions of law for or on account of\\noperating costs of community colleges and not yet paid during such city\\nfiscal year or from any other moneys appropriated by the state for or on\\naccount of the operating costs of senior or community colleges and not\\nyet paid during such city fiscal years, which moneys are appropriated in\\nlieu of or in addition to moneys appropriated pursuant to such\\nprovisions of law. The amount required to be paid by the comptroller of\\nthe state of New York pursuant to this subdivision shall be paid to the\\nfund as soon as practicable after receipt of the certificate of the fund\\nand notice to the state director of the budget is given whether or not\\nthe moneys from which such payment is to be made are then payable to the\\ncity or the city university; provided, however, that any amounts\\ndescribed in clause (i), (ii) or (iii) of this subdivision that are\\npayable other than semi-annually, including for variable rate bonds,\\ninterest rate exchange or similar agreements, or other financing\\narrangements permitted by law, may be paid at such other times as the\\nstate may elect, but in no event later than the fifteenth day of the\\nmonth preceding the month during which the fund is required by such\\nlease, sublease or agreement to pay such amounts.\\n (5) The city shall, in addition to any other city financial\\nassistance, annually appropriate and pay to the fund for the benefit of\\nthe city university an amount equal to: (i) one-half of the aggregate of\\nall rentals and such other payments where the dormitory authority has\\nfinanced the entire capital cost of constructing community college\\nfacilities, and (ii) all of the aggregate rentals and such other\\npayments where the dormitory authority has financed only the local\\nsponsor's portion of the capital cost of constructing community college\\nfacilities pursuant to any lease, sublease or other agreement entered\\ninto between the dormitory authority and the fund on or after July\\nfirst, nineteen hundred eighty-five, other than pursuant to an agreement\\nsupplemental to any lease, sublease or other agreement entered into\\nbetween the dormitory authority and the fund prior to July first,\\nnineteen hundred eighty-five, for the city fiscal year commencing July\\nfirst succeeding the filing of the report required to be submitted by\\nthe fund pursuant to subdivision seven of section sixty-two hundred\\nseventy-four of this article. Such amount shall be paid to the fund as\\nfollows: (i) on or before the fifteenth day of July of the fiscal year\\nof the city, fifty per centum of the amount required to be paid by the\\nfund on account of community college facilities under any such lease,\\nsublease or other agreement on or before the first day of August of such\\ncity fiscal year; (ii) on or before the fifteenth day of November of the\\nfiscal year of the city, fifty per centum of the amount required to be\\npaid by the fund on account of community college facilities under any\\nsuch lease, sublease or other agreement on or before the tenth day of\\nDecember of such city fiscal year; and (iii) on or before the fifteenth\\nday of May of the fiscal year of the city, fifty per centum of the\\namount required to be paid by the fund on account of community college\\nfacilities under any such lease, sublease or other agreement on or\\nbefore the tenth day of June of such city fiscal year. In the event of\\nthe failure of the city to pay the fund when due pursuant to this\\nsubdivision all or part of such amounts, the fund shall forthwith make\\nand deliver to the comptroller of the state of New York a certificate\\nstating the amount of the payment required to have been made by the\\ncity, the amount paid by the city and the amount remaining unpaid by the\\ncity. The comptroller of the state of New York, after giving written\\nnotice to the city director of management and budget, shall pay to the\\nfund the amount set forth in such certificate as remaining unpaid, which\\namount shall be paid, first, from the next succeeding payments of state\\naid apportioned to the city as per capita aid for the support of local\\ngovernment pursuant to section fifty-four of the state finance law\\nduring such city fiscal year, provided that the amount the comptroller\\nof the state of New York may pay pursuant to this subdivision from such\\nnext succeeding payment of state aid shall be limited to an amount\\nwhich, together with (i) the amount of such state aid theretofore paid\\nand then to be paid by the comptroller of the state of New York pursuant\\nto subdivision two of this section, (ii) the amount of such state aid\\ntheretofore paid pursuant to this subdivision and (iii) the maximum\\namount which may thereafter be required to be paid pursuant to\\nsubdivision two of this section, in each such case during the city\\nfiscal year in which the payment is to be made pursuant to this\\nsubdivision, does not exceed sixty-five million dollars; and, if the\\namount of such state aid so paid by the comptroller of the state of New\\nYork is less than the amount set forth in the certificate of the fund as\\nremaining unpaid, then from any moneys appropriated by the state\\npursuant to section sixty-two hundred twenty-one of this chapter or any\\nsuccessor provisions of law for or on account of the net operating costs\\nof senior colleges and not yet paid during such city fiscal year and\\nfrom any moneys appropriated by the state pursuant to subdivision one of\\nsection sixty-three hundred four of this chapter or any successor\\nprovisions of law for or on account of operating costs of community\\ncolleges and not yet paid during such city fiscal year or from any\\nmoneys appropriated by the state for or on account of the operating\\ncosts of senior or community colleges and not yet paid during such city\\nfiscal year, which moneys are appropriated in lieu of or in addition to\\nmoneys appropriated pursuant to such provisions of law. The amount\\nrequired to be paid by the comptroller of the state of New York pursuant\\nto this subdivision shall be paid to the fund as soon as practicable\\nafter receipt of the certificate of the fund and notice to the city\\ndirector of management and budget is given, whether or not the state aid\\nor other moneys from which such payment is to be made is then payable to\\nthe city or the city university. The amount of the state aid or other\\nmoneys payable to the city or the city university from which the\\ncomptroller of the state of New York has made a payment pursuant to this\\nsubdivision shall be reduced by the amount so paid to the fund\\nnotwithstanding the amount appropriated and apportioned by the state to\\nthe city or the city university, and the state shall not be obligated to\\nmake and the city or the city university shall not be entitled to\\nreceive any additional apportionment or payment of such state aid or\\nother moneys; provided, however, that any amounts described in clause\\n(i), (ii) or (iii) of this subdivision that are payable other than\\nsemi-annually, including for variable rate bonds, interest rate exchange\\nor similar agreements, or other financing arrangements permitted by law,\\nmay be paid at such other times as the city may elect, but in no event\\nlater than the fifteenth day of the month preceding the month during\\nwhich the fund is required by such lease, sublease or agreement to pay\\nsuch amounts.\\n (6) The amounts of money required to be paid pursuant to this section\\nshall be determined from the report required to be submitted by the fund\\npursuant to subdivision seven of section sixty-two hundred seventy-four\\nof this article. Nothing contained in subdivision four or five of this\\nsection shall be construed to create an obligation upon the state to\\nappropriate moneys for or on account of the operating costs of senior or\\ncommunity colleges, to preclude the state from reducing the amount of\\nmoneys appropriated or level of assistance provided for the operating\\ncosts of senior or community colleges from the amount appropriated or\\nlevel of assistance provided in any prior city fiscal year, or to\\npreclude the state from altering or modifying the manner in which it\\nprovides for or provides assistance for the operating costs of senior or\\ncommunity colleges.\\n (7) Notwithstanding the designation of Medgar Evers college as a\\nsenior college, for the period commencing July first, nineteen hundred\\nninety-four and thereafter, the city of New York shall include Medgar\\nEvers college facilities in its calculation of amounts due the fund\\npursuant to subdivision five of this section and for purposes of\\nparagraph c of subdivision one of section sixty-three hundred four of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6280", "title" : "Actions against fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6280", "activeDate" : "2014-09-22", "sequenceNo" : 1491, "repealedDate" : null, "fromSection" : "6280", "toSection" : "6280", "text" : " § 6280. Actions against fund. (a) Except in an action for wrongful\\ndeath, an action against the fund for personal injury or property damage\\nor founded on tort shall not be commenced more than one year and ninety\\ndays after the cause of action therefor shall have accrued, nor unless a\\nnotice of claim shall have been served on a trustee of the fund or\\nofficer or employee thereof designated by the fund for such purpose,\\nwithin the time limited by, and in compliance with the requirements of,\\nsection fifty-e of the general municipal law. An action against the fund\\nfor wrongful death shall be commenced in accordance with the notice of\\nclaim and time limitation provisions of title eleven of article nine of\\nthe public authorities law.\\n (b) The venue of every action, suit or special proceeding brought\\nagainst the fund shall be laid in the county in which the cause of\\naction arose for all claims which arise within the city of New York, or\\nin the county of New York.\\n (c) Neither any trustee of the fund nor any officer, employee, or\\nagent of the fund, while acting within the scope of his authority, shall\\nbe subject to any personal liability resulting from the providing of\\nfacilities for the city university or from any other exercise or\\ncarrying out of any of the fund's purposes or powers.\\n (d) Upon an appeal taken by the city university construction fund in\\nany action or other proceeding to which the fund is a party, the service\\nof notice of appeal shall perfect the appeal and shall stay the\\nexecution of the judgment or order appealed from without any undertaking\\nor other security being furnished by the fund.\\n (e) No provision of this article shall be construed as a defense and\\nindemnification provision within the meaning of section eighteen of the\\npublic officers law or any other similar law or as otherwise precluding\\nany employee, as defined in said section of the public officers law, of\\nthe fund from recourse to the provisions thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6281", "title" : "Municipal regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6281", "activeDate" : "2014-09-22", "sequenceNo" : 1492, "repealedDate" : null, "fromSection" : "6281", "toSection" : "6281", "text" : " § 6281. Municipal regulations. (a) No county, town or village,\\nincluding but not limited to the city of New York, shall have the power\\nto modify or change the plans and specifications for facilities to be\\nprovided pursuant to agreements between the dormitory authority and the\\ncity university construction fund, or the construction, plumbing,\\nheating, lighting or other mechanical branch of work necessary to\\ncomplete the work in question, nor to require that any person, firm or\\ncorporation employed on any such work shall perform any such work in any\\nother or different manner from that provided by such plans and\\nspecifications, nor to require that any such person, firm or corporation\\nobtain any other or additional authority or permit from such county,\\ncity, town or village, including but not limited to the city of New York\\nas a condition of doing such work, nor shall any condition whatever be\\nimposed by any such county, city, town or village, including but not\\nlimited to the city of New York in relation to the work being done\\npursuant to the aforesaid agreements, and such work shall be in\\naccordance with the drawings, plans, specifications and contracts in\\nrelation thereto; and the doing of any such work for the dormitory\\nauthority by any person, firm or corporation in accordance with the\\nterms of such drawings, plans, specifications or contracts shall not\\nsubject said person, firm or corporation to any liability or penalty,\\ncivil or criminal, other than as may be stated in such contracts or\\nincidental to the proper enforcement thereof.\\n (b) Notwithstanding any other provision of this article or any other\\nlaw, any contract let by the dormitory authority and/or the city\\nuniversity construction fund for the purposes of this article shall be\\nin conformity with the provisions of section one hundred one of the\\ngeneral municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6282", "title" : "Exemption from taxation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6282", "activeDate" : "2014-09-22", "sequenceNo" : 1493, "repealedDate" : null, "fromSection" : "6282", "toSection" : "6282", "text" : " § 6282. Exemption from taxation. The moneys and property of the fund\\nand its operations shall be exempt from taxation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6283", "title" : "Procurements of the fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2021-04-23" ], "docLevelId" : "6283", "activeDate" : "2014-09-22", "sequenceNo" : 1494, "repealedDate" : null, "fromSection" : "6283", "toSection" : "6283", "text" : " * § 6283. Procurements of the fund. Notwithstanding subdivision two of\\nsection one hundred twelve of the state finance law or any other law to\\nthe contrary, fund procurements shall not be subject to the prior\\napproval of any state officer or agency.\\n * NB Repealed June 30, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A126", "title" : "Community Colleges and State-aided Four-year Colleges", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2025-05-16" ], "docLevelId" : "126", "activeDate" : "2014-09-22", "sequenceNo" : 1495, "repealedDate" : null, "fromSection" : "6301", "toSection" : "6310", "text" : " ARTICLE 126\\n COMMUNITY COLLEGES AND STATE-AIDED FOUR-YEAR COLLEGES\\nSection 6301. Definitions.\\n 6302. Authorization to establish community colleges.\\n 6303. Programs and curricula of community colleges.\\n 6303-a. Graduation, achievement and placement program.\\n 6304. Financing of community colleges.\\n 6304-A. Reports to local sponsors.\\n 6305. Non-resident and out-of-state students.\\n 6306. Administration of community colleges--boards of\\n trustees.\\n 6307. Establishment of state-aided four-year colleges.\\n 6308. Defense and indemnification of community college\\n trustees, officers and employees.\\n 6309. Reimbursement of defense costs incurred by or on behalf\\n of community college trustees, officers and employees.\\n 6310. Community college regions - administration and finance.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6301", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6301", "activeDate" : "2014-09-22", "sequenceNo" : 1496, "repealedDate" : null, "fromSection" : "6301", "toSection" : "6301", "text" : " § 6301. Definitions. As used in this article, unless the context shall\\notherwise require, the following terms shall mean:\\n 1. \"State university trustees.\" Board of trustees of the state\\nuniversity.\\n 2. \"Community colleges.\" Colleges established and operated pursuant to\\nthe provisions of this article, either individually or jointly, by\\ncounties, cities, intermediate school districts, school districts\\napproved by the state university trustees, or individually by community\\ncollege regions approved by the state university trustees, and providing\\ntwo-year post secondary programs pursuant to regulations prescribed by\\nthe state university trustees and receiving financial assistance from\\nthe state therefor.\\n 3. \"Local sponsor.\" Any city, county, intermediate school district,\\nschool district approved by the state university trustees, or community\\ncollege region approved by the state university trustees, sponsoring or\\nparticipating in the establishment or operation of a community college.\\n 4. \"Community college region.\" A community college local sponsor\\ncomposed of two or more contiguous counties, cities or school districts,\\nor any combination thereof, which are eligible to appoint members to a\\ncommunity college regional board of trustees.\\n 5. \"Resident.\" A person who has resided in the state for a period of\\nat least one year and in the county, city, town, intermediate school\\ndistrict, school district or community college region, as the case may\\nbe, for a period of at least six months, both immediately preceding the\\ndate of such person's registration in a community college or, for the\\npurposes of section sixty-three hundred five of this article, his or her\\napplication for a certificate of residence; provided, however, that this\\nterm shall include any student who is not a resident of New York state,\\nother than a non-immigrant alien within the meaning of paragraph (15) of\\nsubsection (a) of section 1101 of title 8 of the United States Code, if\\nsuch student:\\n (i) attended an approved New York high school for two or more years,\\ngraduated from an approved New York high school and applied for\\nattendance at an institution or educational unit of the state university\\nwithin five years of receiving a New York state high school diploma; or\\n (ii) attended an approved New York state program for general\\nequivalency diploma exam preparation, received a general equivalency\\ndiploma issued within New York state and applied for attendance at an\\ninstitution or educational unit of the state university within five\\nyears of receiving a general equivalency diploma issued within New York\\nstate; or\\n (iii) was enrolled in an institution or educational unit of the state\\nuniversity in the fall semester or quarter of the two thousand one--two\\nthousand two academic year and was authorized by such institution or\\neducational unit to pay tuition at the rate or charge imposed for\\nstudents who are residents of the state.\\n Provided, further, that a student without lawful immigration status\\nshall also be required to file an affidavit with such institution or\\neducational unit stating that the student has filed an application to\\nlegalize his or her immigration status, or will file such an application\\nas soon as he or she is eligible to do so.\\n In the event that a person qualified as above for state residence, but\\nhas been a resident of two or more counties in the state during the six\\nmonths immediately preceding his application for a certificate of\\nresidence pursuant to section sixty-three hundred five of this chapter,\\nthe charges to the counties of residence shall be allocated among the\\nseveral counties proportional to the number of months, or major fraction\\nthereof, of residence in each county.\\n 6. \"Certificate of residence form\". A standard form as developed by\\nthe chancellor of the state university of New York, in conjunction with\\nthe chancellor of the city university of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6302", "title" : "Authorization to establish community colleges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6302", "activeDate" : "2014-09-22", "sequenceNo" : 1497, "repealedDate" : null, "fromSection" : "6302", "toSection" : "6302", "text" : " § 6302. Authorization to establish community colleges. 1. Any local\\nsponsor, other than a community college region, acting through its local\\nlegislative body or board, or other appropriate governing agency, which\\nin the case of the city of New York acting as a local sponsor shall be\\nthe mayor of that city, may by local law, resolution, order or\\nordinance, and pursuant to the master plan, standards and regulations\\nprescribed by the state university trustees and with the approval of\\nsaid trustees:\\n a. Establish a community college.\\n b. Elect to participate in and pay an appropriate share of the\\nexpenses involved in the community college program of any other local\\nsponsor consenting to such arrangement.\\n c. Combine with one or more other local sponsors for the joint\\nestablishment and operation of a community college.\\n 2. Pursuant to section sixty-three hundred ten of this article, any\\neligible county, city or school district acting through its local\\nlegislative body or board, may by local law or resolution, and pursuant\\nto the master plan, standards and regulations prescribed by the state\\nuniversity trustees, and with the approval of said trustees, combine\\nwith one or more contiguous counties, cities or school districts, or any\\ncombination thereof, to constitute a community college region for the\\npurpose of operating, as local sponsor, an existing community college\\nwhich is currently sponsored by a city or school district other than a\\nschool district located in a city with a population of one million or\\nmore.\\n 3. In the city of New York, the board of education, with the approval\\nof the state university trustees, may act as a local sponsor in the\\nestablishment and operation, as a community college, of a post secondary\\ntechnical vocational training institution which is partly supported by\\nsuch board of education and partly supported by an educational\\nfoundation for an industry chartered by the board of regents. In\\naddition to the community college programs and curricula authorized by\\nthis article, the institution may offer such baccalaureate, masters\\ndegree programs and curricula in support of its mission, in accordance\\nwith standards and regulations prescribed by the state university\\ntrustees, as may be authorized pursuant to the provisions of the master\\nplan. Notwithstanding any other provision of law, the institution shall\\nbe financed and administered in the manner provided for community\\ncolleges.\\n 4. Community colleges so established and operated shall be eligible to\\nreceive financial assistance from the state as hereinafter provided,\\nwhich shall be paid to the local sponsor or sponsors, provided, however,\\nthat in the case of any local sponsor which shall have assigned such\\nfinancial assistance to the dormitory authority, such payment shall be\\nmade to the commissioner of taxation and finance for deposit in the\\ncommunity college tuition and instructional income fund.\\n 5. Whenever a plan for a community college, other than a plan for\\nparticipation in a community college region, shall have been formulated\\nby a county board of supervisors and approved as provided in this\\nsection, the board of supervisors may submit the question of the\\nestablishment of the community college contemplated by such plan to a\\nreferendum at any general election at which all the voters of the county\\nmay vote. The form of the proposition shall be determined by the board\\nof supervisors and shall include an estimate of the county's share of\\nthe initial capital cost and an estimate of the county's share of the\\nannual cost of maintenance and operation. If the majority of the voters\\nvoting on such proposition shall approve the establishment of the\\ncommunity college, such college shall be deemed established and the\\nboard of supervisors shall proceed forthwith to exercise the powers and\\nauthority conferred upon it in this article.\\n 6. a. Notwithstanding any other provision of law, community colleges\\nestablished under this article shall have the authority to:\\n (i) Determine that the bidder on a contract for the purchase of\\napparel or sports equipment is not an acceptable bidder based on either\\nof the following considerations:\\n (A) the labor standards applicable to the manufacture of the apparel\\nor sports equipment, including but not limited to employee compensation,\\nworking conditions, employee rights to form unions, and the use of child\\nlabor, or\\n (B) the bidder's failure to provide information sufficient for the\\nstate agency or corporation to determine the labor conditions applicable\\nto the manufacture of the apparel or sports equipment.\\n (ii) Include in the internal policies and procedures governing\\nprocurement of apparel a prohibition against the purchase of apparel or\\nsports equipment from any vendor based upon either or both of the\\nfollowing considerations:\\n (A) the labor standards applicable to the manufacture of the apparel\\nor sports equipment, including but not limited to employee compensation,\\nworking conditions, employee rights to form unions, and the use of child\\nlabor; or\\n (B) the bidder's failure to provide sufficient information for said\\nstate agencies to determine the labor standards applicable to the\\nmanufacture of the apparel or sports equipment.\\n b. For the purposes of this subdivision the term:\\n (i) \"apparel\" shall mean goods, such as, but not limited to, sports\\nuniforms, including gym uniforms, required school uniforms, shoes,\\nincluding, but not limited to, athletic shoes or sneakers, sweatshirts,\\ncaps, hats, and other clothing, whether or not imprinted with a school's\\nname or logo, academic regalia, lab coats and staff uniforms; and\\n (ii) \"sports equipment\" shall mean equipment, such as, but not limited\\nto, balls, bats and other goods intended for use by those participating\\nin sports and games.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6303", "title" : "Programs and curricula of community colleges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "6303", "activeDate" : "2014-09-22", "sequenceNo" : 1498, "repealedDate" : null, "fromSection" : "6303", "toSection" : "6303", "text" : " § 6303. Programs and curricula of community colleges. 1. Community\\ncolleges shall provide two-year programs of post high school nature\\ncombining general education with technical education relating to the\\noccupational needs of the community, area or community college region in\\nwhich the college is located and those of the state and the nation\\ngenerally. Special courses and extension work may be provided for\\npart-time students.\\n 2. Training for certain occupational skills may be limited to selected\\ncommunity colleges by the state university trustees in order to avoid\\nunnecessary duplication or overlapping of facilities and programs.\\n 3. The curricula in community colleges shall be designed to serve the\\nneeds of students who seek two years of post secondary education and\\nwhose needs would not ordinarily be met by the usual four-year college\\ncurriculum. However, such colleges shall nevertheless provide sufficient\\ngeneral education to enable qualified students who so desire to transfer\\nafter completion of the community college program to institutions\\nproviding regular four-year courses except that the provision of such\\ngeneral education sufficient for transfer to institutions providing\\nregular four-year courses shall be at the option of the local sponsor in\\nany of the community colleges established upon discontinuance of a state\\ninstitute of applied arts and sciences and upon discontinuance of the\\nveterans vocational school at Troy pursuant to the provisions of section\\nfifty-nine hundred nine of former article one hundred nineteen of this\\nchapter.\\n 4. The curricula of the community colleges shall be developed with the\\nassistance and guidance of the state university trustees and shall be\\nsubject to their approval, and such modifications, amendments and\\nrevisions as they may from time to time prescribe.\\n 5. Notwithstanding the provisions of any other general, special or\\nlocal law, rule or regulation, community colleges may permit persons\\nsixty years of age or over to audit courses given therein without\\ntuition, examination, grading or credit therefor upon a space available\\nbasis, subject to the provisions of section sixty-three hundred four of\\nthis chapter, as determined by the president of each such institution,\\nprovided that such audit attendance does not deny course attendance at a\\ncommunity college by an individual who is otherwise qualified under the\\nregulations and the provisions of section sixty-three hundred four of\\nthis chapter. The provisions of this paragraph shall not affect any\\nstate aid to community colleges granted pursuant to article one hundred\\ntwenty-six of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6303-A", "title" : "Graduation, achievement and placement program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6303-A", "activeDate" : "2014-09-22", "sequenceNo" : 1499, "repealedDate" : null, "fromSection" : "6303-A", "toSection" : "6303-A", "text" : " § 6303-a. Graduation, achievement and placement program. 1.\\nDefinitions. As used in this section, the following terms shall have\\nthe following meanings:\\n (a) \"Plan\" shall mean the graduation, achievement and placement (GAP)\\nprogram plan to be developed by the state university trustees pursuant\\nto subdivision two of this section, after consultation with the\\ncommunity college presidents, councils and faculty.\\n (b) \"Program\" shall mean the GAP program to be developed by the state\\nuniversity trustees pursuant to subdivision two of this section.\\n 2. By no later than July first, two thousand fourteen, the state\\nuniversity trustees shall develop, as part of the master plan to be\\nsubmitted pursuant to section three hundred fifty-four of this chapter,\\na comprehensive plan to be incorporated into its two thousand sixteen\\nmaster plan and fully implemented no later than July first, two thousand\\neighteen at each of the state university of New York community colleges.\\nSuch plan shall seek to develop a remedial education program to\\naccomplish the following goals:\\n (a) Improve community college outcomes by reducing the time to degree\\ncompletion or transfer to a four year college;\\n (b) Reduce state and local sponsor expenditures on remedial\\ncoursework;\\n (c) Improve overall community college graduation rates and employment\\nprospects.\\n 3. Each community college shall utilize features in its program\\nidentified in the SUNY task force on remediation report, issued pursuant\\nto chapter fifty-seven of the laws of two thousand twelve, and shall\\nconsider other features of successful existing programs, including, but\\nnot limited to the following:\\n (a) Adoption of a consistent definition of \"college readiness\" for\\nstudent placement into remedial programs using multiple measures of\\nstudent achievement;\\n (b) Accelerated developmental education program offerings;\\n (c) Incorporating remedial instruction into the beginning of\\ncollege-level programs, either as introductory courses or integrated\\ninto initial college-level courses;\\n (d) Utilize supplemental academic support for developmental students\\nenrolled in college level courses as well as other contextualization\\nmodels;\\n (e) A consolidated course schedule that permits students to take\\nclasses in a morning, afternoon or evening schedule so as to enable\\nstudents to balance school, work and other personal responsibilities;\\n (f) An advisement model that directs counselors with assigned\\ncaseloads to meet with students monthly from program entry until\\ngraduation;\\n (g) Career and employment services that provide students with\\ninterview training, job skills and career planning;\\n (h) Academic support services that provide tutoring from qualified\\nundergraduate or graduate students or faculty; and\\n (i) Comprehensive evaluation and the use of data to assess the\\neffectiveness of the program.\\n 4. Each community college shall be required to implement, on a partial\\nbasis, its program by the two thousand fourteen--two thousand fifteen\\nacademic year.\\n 5. Each community college shall report on the implementation of the\\nprogram and shall report on measures of student success for each student\\nenrolled in such program. Such report shall include but not be limited\\nto:\\n (a) Annual number and percentage of entering first-time students\\nenrolled in remedial (developmental) education courses in math,\\nenglish/reading or both and complete a college-level course in the same\\nsubject.\\n (b) Annual number and percentage of entering first-time degree or\\ncertificate seeking students who complete entry college-level math,\\nenglish and reading courses within the first two consecutive academic\\nyears.\\n (c) Number and percentage of entering degree or certificate seeking\\nstudents enrolling from fall to spring and fall to fall at an\\ninstitution of higher education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6304", "title" : "Financing of community colleges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6304", "activeDate" : "2014-09-22", "sequenceNo" : 1500, "repealedDate" : null, "fromSection" : "6304", "toSection" : "6304", "text" : " § 6304. Financing of community colleges. 1. The master plan, standards\\nand regulations prescribed by the state university trustees shall\\ninclude provisions for financing the capital costs and operating costs\\nof such colleges in the following manner:\\n a. State financial aid shall be one-third of the amount of operating\\ncosts, as approved by the state university trustees. Operating costs\\nshall not include any payment of debt service or rentals or other\\npayments by a local sponsor to the dormitory authority pursuant to any\\nlease, sublease or other agreement entered into between the dormitory\\nauthority and a local sponsor. Such aid for a college shall, however, be\\nfor two-fifths of operating costs for any fiscal year of the college\\nduring which it is implementing a program of full opportunity provided a\\nplan has been approved by the state university trustees. Such plan,\\nwhich shall be submitted by the college only after approval by the board\\nof trustees and the local sponsor or sponsors, shall\\n (i) establish a policy of offering acceptance in an appropriate\\nprogram of the college to all applicants residing in the sponsorship\\narea who graduated from high school within the prior year and to\\napplicants who are high school graduates and who were released from\\nactive duty with the armed forces of the United States within the prior\\nyear;\\n (ii) provide for full implementation of such policy by the fall\\nsemester of nineteen hundred seventy or, if the college demonstrates to\\nthe state university trustees that full implementation by such time\\nwould not be feasible and in the best interests of the college, provide\\nfor a timetable to achieve such full implementation within five years\\nwhich provides for substantial growth in registration each year;\\n (iii) make provision for and contain adequate assurances of the\\nexpenditure of funds by the sponsor or sponsors at a level pursuant to\\nstate university regulations, at least that necessary to implement the\\nplan;\\n (iv) provide for adequate programs of remediation, instruction and\\ncounselling to meet the needs of all students to be served by the\\ncollege. The trustees may require periodic reports or certifications\\nfrom colleges which have submitted plans which have been approved and\\nmay, in appropriate cases, revoke such approval in case a college is in\\ndefault of implementing its plan.\\n b. (i) Operating costs shall not include any payment of debt service\\nor rentals or other payments by a local sponsor to the dormitory\\nauthority pursuant to any lease, sublease or other agreement entered\\ninto between the dormitory authority and a local sponsor. Such operating\\ncosts shall be subject to such maximum limitations and joint regulations\\nas shall be prescribed by both the city university trustees and the\\nstate university trustees with the approval of the director of the\\nbudget. Such limitations shall be based upon maximum allowances per\\nstudent for each student in attendance in the case of operating costs,\\nor in accordance with such other factors as may be deemed appropriate.\\nOperating costs shall include courses offered for the purpose of\\nproviding occupational training or assistance to business for the\\ncreation and retention of job opportunities and for the improvement of\\nproductivity, through contracts or arrangements between a community\\ncollege and a business, labor organization, or not-for-profit\\ncorporations or other nongovernmental organizations, including\\nlabor-management committees composed of labor, business and community\\nleaders organized to promote labor-management relations, productivity,\\nthe quality of working life, industrial development, and retention of\\nbusiness in the community.\\n (ii) By December thirty-first, nineteen hundred seventy-three, the\\nstate university trustees shall develop a new formula for the financing\\nof the operating costs of community colleges. Such formula may include\\nmaximum limitations, regulations, and incentives to achieve compliance\\nwith the code of standards and procedures for community colleges.\\n The state university trustees shall present to the governor proposed\\nlegislation incorporating such formula into law for consideration during\\nthe nineteen hundred seventy-four regular session of the legislature.\\nThe state university trustees shall also present a detailed analysis of\\nthe fiscal impact of such a formula on the state and on each community\\ncollege within the state.\\n Such formula or the amended version thereof, upon enactment into law,\\nshall replace any limitations and regulations then in existence\\nconcerning the financing of community colleges promulgated pursuant to\\nthis section.\\n (iii) The state university trustees shall, on or before December\\nthirty-first in each year, make a report to the governor and legislature\\nas to the status of community college programs and curricula provided\\nfor in article one hundred twenty-six of this chapter. Such report shall\\nalso contain recommendations for any revision or alteration in the\\nformula for financing the operating costs of community colleges.\\n (iv) The state university trustees shall promulgate regulations,\\neffective the first day of July, nineteen hundred seventy-four, which\\nshall include a code of standards and procedures for the administration\\nand operation of community colleges. Such code of standards and\\nprocedures, may include, but not be limited to, minimum and maximum\\nstandards for academic curricula, minimum and maximum qualitative and\\nquantitative standards for facilities, and standard administrative\\nprocedures, which may include schedules and formats for the preparation\\nand submission of annual budgets by the boards of trustees and the local\\nsponsors to the state university trustees, schedules for local sponsors'\\ndisbursements to the community colleges of their provided shares of\\noperating costs and systems of accounts for use by the boards of\\ntrustees and the local sponsors of the community colleges. Such\\nregulations may supplement, replace or amend any limitations and\\nregulations then in existence promulgated pursuant to this section.\\n b-1. (i) Notwithstanding any provision of law to the contrary, for the\\ncommunity college fiscal year two thousand thirteen--two thousand\\nfourteen and thereafter, each program that confers a credit-bearing\\ncertificate, an associate of occupational studies degree, or an\\nassociate of applied science degree, shall demonstrate that it is\\npreparing students for current and future job opportunities by\\npartnering with employers as follows:\\n (A) The program is a partnership between the community college and one\\nor more employers to train and employ students in a specific occupation;\\n (B) The program has an advisory committee made up of members of whom\\nthe majority are employers in the occupation or sector, or a related\\nsector, or is otherwise advised by one or more employers in the\\noccupation or sector, that employ or will employ workers in the region\\nwhere the community college is located, and such committee serves to\\nadvise the community college on the program's curriculum, recruitment,\\nplacement and evaluation so that it remains up-to-date with employer\\nneeds; or\\n (C) The program is in a high-tech sector and is in demand for current\\nor projected job growth, including those sectors identified by the\\nregional economic development council, and is advised by current or\\npotential future employers in the occupation or sector.\\n (ii) On or before January first, two thousand fourteen for the\\ncommunity college fiscal year two thousand thirteen--two thousand\\nfourteen, November first, two thousand fourteen for the community\\ncollege fiscal year two thousand fourteen--two thousand fifteen and\\nNovember first of each community college fiscal year thereafter, the\\nstate university trustees and the city university trustees shall each\\nsubmit a job linkage report to the director of the budget, the chairs of\\nthe senate and assembly higher education committees and the chair of the\\nsenate finance committee and the chair of the assembly ways and means\\ncommittee, including an accounting of full time equivalent enrollment in\\nprograms that confer credit-bearing certificates, associate of\\noccupational studies degrees, or associate of applied science degrees,\\nin such a form and manner as the director of the budget may require to\\nverify compliance with subparagraph (i) of this paragraph.\\n b-2. (i) Notwithstanding any provision of law to the contrary, within\\namounts appropriated for incentive funding, the state university of New\\nYork and city university of New York shall make awards to community\\ncolleges from the next generation NY job linkage program incentive fund\\nbased on measures of student success for all students enrolled in\\nprograms that confer a credit-bearing certificate, an associate of\\noccupational studies degree, or an associate of applied science degree,\\nincluding, but not limited to:\\n (A) The number of students who are employed following degree or\\ncertificate completion and their wage gains, if any, as determined by\\nthe department of labor, which shall be given the greatest weighting\\namong all measures of student success;\\n (B) The number of degree completions, certificate completions and\\nstudent transfers to other institutions of higher education;\\n (C) The number of degree and certificate completions under clause (B)\\nof this paragraph by students considered academically at-risk due to\\neconomic disadvantage or other factor of under-representation within the\\nfield of study; veterans; and the disabled;\\n (D) The number of students who make adequate progress towards\\ncompletion of a degree or certificate, which may include accelerated\\ncompletion of a developmental education program;\\n (E) The number of degree completions in innovative programs designed\\nto enable students to balance school, work and other personal\\nresponsibilities; and\\n (F) The number of students engaged in career and employment\\nopportunities including apprenticeships, cooperative education programs\\nor other paid work experience that is an integral part of their academic\\nprogram.\\n (ii) Awards shall be made on a pro-rata basis in accordance with a\\nmethodology and in a form and manner developed by the director of the\\nbudget, in consultation with the state university and city university.\\n (iii) On or before December first of each year, or an alternative date\\nas determined by the director of the budget in consultation with the\\nstate university and city university, the state university trustees and\\nthe city university trustees shall each submit a plan for approval by\\nthe director of the budget to allocate amounts available for the next\\ngeneration NY job linkage program incentive fund in accordance with this\\nparagraph.\\n c. The local sponsor or sponsors shall provide one-half of the amount\\nof the capital costs, or so much as may be necessary, and one-third or,\\nin the case of a college implementing a program of full opportunity for\\nlocal residents, four-fifteenths of the operating costs, or so much as\\nmay be necessary, by appropriations from general revenues or from funds\\nderived from special tax levies earmarked in part or whole for such\\npurposes, by the use of gifts of money or, with the consent of the state\\nuniversity trustees, by the use of property, gifts of property or by the\\nfurnishing of services or, where a community college region is the local\\nsponsor, in the manner provided by section sixty-three hundred ten of\\nthis chapter. Where the local sponsor or sponsors provide all or a\\nportion of its or their share of capital or operating costs in real or\\npersonal property or in services, the valuation of such property and\\nservices for the purpose of determining the amount of state aid shall be\\nmade by the state university trustees with the approval of the director\\nof the budget. Local sponsors and, in the case of community college\\nregions, any county, city or school district which has appointed members\\nto a community college regional board of trustees may authorize the\\nissuance of bonds or notes pursuant to the provisions of the local\\nfinance law to provide any portion or all of its requisite share of such\\ncosts for which a period of probable usefulness has been established in\\nthe local finance law. Where a county or city is the local sponsor of a\\ncommunity college, or appoints members to a community college regional\\nboard of trustees, the expenditures of the county or city for the\\ncollege, or community college region, shall be a purpose of the county\\nor city provided, however, that taxes to pay the local sponsor's share\\nof operating costs, or the operating shares of the community college\\nregion charged to the county, may be charged back to the cities and\\ntowns in the county in proportion to the number of students attending\\nthe community college each term who were residents of each such city or\\ntown at the beginning of such term.\\n Notwithstanding any provision of law to the contrary, in the case of\\ncommunity college regions, a community college regional board of\\ntrustees as finance board of the region may authorize the issuance of\\nbonds, notes or other evidence of indebtedness or the effectuation of a\\nfinancing transaction by the community college region with the dormitory\\nauthority pursuant to the provisions of article eight of title four of\\nthe public authorities law to provide all or any portion of such costs\\nfor which a period of possible usefulness has been established in the\\nlocal finance law. Notwithstanding any other provision of law, the\\ncommunity college region shall itself have the power to borrow money for\\nspecific objects or purposes or a class or classes of objects or\\npurposes described in section 11.00 of the local finance law by\\nadoption, by two-thirds of the voting strength of the regional board of\\ntrustees thereof, of a bond resolution as described in section 32.00 of\\nthe local finance law and shall include the recitation described in\\nsection 80.00 of the local finance law. Said bond resolution shall\\ninclude the power to enter into financing transactions with the\\ndormitory authority in accordance with the provisions of article eight\\nof title four of the public authorities law. Upon adoption and receipt\\nof the approvals described in subdivision ten of section sixty-three\\nhundred ten of this article, the community college region shall publish\\na legal notice of estoppel as described in section 81.00 of the local\\nfinance law, which shall be applicable to said bond resolution. A\\ncommunity college region is hereby authorized to pledge any revenues or\\nother monies to the payment of any obligations issued, or any financing\\nagreement entered into with the dormitory authority.\\n d. Tuition and fees charged students shall be fixed so as not to\\nexceed in the aggregate more than one-third of the amount of operating\\ncosts of the community college.\\n 1-b. For the purpose of budgeting and expending funds and for the\\npurpose of determining eligibility for state financial aid for operating\\ncosts pursuant to subdivision one of this section, subject to rules and\\nregulations of the state university trustees and the approval of the\\ndirector of the budget, the community colleges in the city of New York\\nsponsored by the board of higher education or by the city of New York\\nwhere the board of higher education has been designated as the trustees\\nof such colleges, shall be treated as a single community college.\\n 2. Community colleges shall be empowered and authorized through their\\nboards of trustees, to accept gifts, grants, bequests and devises\\nabsolutely or in trust for such purposes as may be appropriate or proper\\nfor effectuating the programs and objectives of such colleges.\\n 3. Nothing herein contained shall be construed to prevent any local\\nsponsor or sponsors from creating and operating community colleges which\\nexceed maximum cost limitations or allowances prescribed by the state\\nuniversity trustees, provided however, that the excess costs over such\\nprescribed limits or allowances shall be borne and paid for or otherwise\\nmade available to or by such sponsors.\\n 4. Where two or more local sponsors jointly establish and operate a\\ncommunity college, the local share of the capital costs shall be\\napportioned among them according to their respective equalized assessed\\nvaluations or such other factors or bases as may be provided or\\nprescribed in the plans, standards and regulations prescribed by the\\nstate university trustees. The local share of the operating expenses\\nshall be apportioned among such joint sponsors in accordance with the\\nnumber of students who are residents of their respective areas, or such\\nother factors as may be prescribed in the plans, standards and\\nregulations by the state university trustees.\\n 5. Any community college may, with the consent and approval of its\\nlocal legislative body or board, community college regional board of\\ntrustees, or other appropriate governing agency, and the state\\nuniversity trustees, require lesser tuition charges or fees from persons\\nwho are residents of the sponsoring community, communities or community\\ncollege region than the amount necessary in the aggregate to provide\\none-third of the operating costs, or provide tuition to such persons\\nwithout charge, provided that the local legislative body or board,\\ncommunity college regional board of trustees or other appropriate\\ngoverning agency appropriates sufficient funds, or sufficient funds are\\nmade available from other sources to provide the amount which would\\nnormally be provided by such tuition and fees. Each community college\\nshall provide that upon request by a student who is an eligible veteran\\nthe payment of tuition and fees, less the amounts payable for such\\npurposes from scholarships or other financial assistance awarded said\\nveteran pursuant to article thirteen of this chapter, article one\\nhundred thirty of this chapter or any other community college, state or\\nfederal financial aid program, shall be deferred in such amounts and\\nuntil such times as the several payments of veterans' benefits under the\\nVeterans' Readjustment Benefit Act of l966, as amended, are received by\\nthe veteran, provided that the veteran has filed a claim for such\\nbenefits and presents to the community college proof of eligibility,\\nextent of entitlement to benefits and the need for deferral until the\\nreceipt of such benefits.\\n 5-a. Notwithstanding the provisions of any general, special or local\\nlaw to the contrary, the fiscal year of a community college other than\\nin the city of New York and other than one sponsored by a school\\ndistrict, shall begin with the first day of September and end with the\\nthirty-first day of August in each year. All of the provisions of law\\nfixing times or dates within which or by which certain acts shall be\\nperformed in relation to the preparation and adoption of the budget of a\\ncity or a county, including but not limited to submission of a budget\\nestimate, filing of a tentative budget, public hearing and adoption of a\\nbudget, shall apply to the budget of a community college sponsored by\\nsuch city or county but shall be correspondingly changed, as to time, to\\nrelate to the commencement of the fiscal year of the community college;\\nprovided, however, that after the budget for the community college shall\\nhave been adopted, the local legislative body or board or other\\nappropriate governing body shall provide for the raising of taxes\\nrequired by such budget, without any decrease in amount, in the same\\nmanner and at the same time prescribed by law for the annual levy of\\ntaxes by or for the city or county. All of the provisions of law fixing\\ntimes and dates within which or by which certain acts shall be performed\\nin relation to the preparation and adoption of the budget of a school\\ndistrict shall apply to the budget of a community college sponsored by a\\nschool district. The provisions of this subdivision shall not apply to\\ncommunity college regions.\\n 5-b. Moneys raised by taxation for maintenance of a community college\\nand moneys received from all other sources for purposes of the community\\ncollege, other than in the city of New York, shall be kept separate and\\ndistinct from any other moneys of the sponsor or sponsors and shall not\\nbe used for any other purpose. The amount of taxes levied for\\nmaintenance of a community college shall be credited thereto and made\\navailable therefor within the fiscal year of such community college. The\\nprovisions of this subdivision shall not apply to community college\\nregions.\\n 6. The local legislative body or board, or other appropriate governing\\nagency, other than a community college regional board of trustees, shall\\nprovide the local sponsor's share of the community college operating and\\ncapital costs in conformance with such sponsor's annual budgetary\\nappropriation, and shall direct that payment of all appropriations for\\nmaintenance of the college be made to the board of trustees of the\\ncollege for expenditure by the board, subject to the terms and\\nconditions of such appropriations appearing in such budget and to such\\nregulations regarding the custody, deposit, audit and payment thereof as\\nsuch local legislative body or board, or other appropriate governing\\nagency, may deem proper to carry out the terms of the budget; provided\\nthat any local sponsor which, as of January first, nineteen hundred\\neighty-eight, provided for audit and payment of charges against the\\ncommunity college in the same manner as it provides for other charges\\nagainst the local sponsor, may continue to do so for a period not to\\nextend beyond September first, nineteen hundred eighty-nine.\\n Such local legislative body or board, or other appropriate governing\\nagency, shall authorize the board of trustees of the college to elect a\\ntreasurer, establish a bank account or accounts in the name of the\\ncollege and deposit therein moneys received or collected by the college,\\nincluding moneys appropriated and paid by the local sponsor, moneys\\nreceived from tuition, fees, charges, sales of products and services,\\nand from all other sources. The board of trustees of the college shall,\\nsubject to the requirements specified in or imposed pursuant to this\\nsubdivision, authorize the treasurer to pay all proper bills and\\naccounts of the college, including salaries and wages, from funds in its\\ncustody. The treasurer shall execute a bond or official undertaking to\\nthe board of trustees of the college in such sum and with such sureties\\nas that board shall require, the expense of which shall be a college\\ncharge.\\n The board of trustees of the college similarly shall authorize the\\ntreasurer to establish and maintain petty cash funds, not in excess of\\ntwo hundred dollars each, for specified college purposes or\\nundertakings, from which may be paid, in advance of audit, properly\\nitemized and verified or certified bills for materials, supplies or\\nservices furnished to the college for the conduct of its affairs and\\nupon terms calling for the payment of cash to the vendor upon the\\ndelivery of any such materials or supplies or the rendering of any such\\nservices. Lists of all expenditures made from such petty cash funds\\nshall be presented to the board of trustees at each regular meeting\\nthereof, together with the bills supporting such expenditures, for audit\\nand the board shall direct reimbursement of such petty cash funds from\\nthe appropriate budgetary item or items in an amount equal to the total\\nof such bills which it shall so audit and allow. Any of such bills or\\nany portion of any of such bills as shall be disallowed upon audit shall\\nbe the personal responsibility of the treasurer and such official shall\\nforthwith reimburse such petty cash fund in the amount of such\\ndisallowances.\\n The board of trustees of the college shall provide for periodic audits\\nof all accounts maintained at its direction and render such reports\\nrespecting any and all receipts and expenditures of the college as the\\nlocal legislative body or board, or other appropriate governing agency,\\nmay direct.\\n 7. The board of trustees of the college, or the community college\\nregional board of trustees may require any bank or banker in which\\ncommunity college moneys are on deposit or are to be deposited to file\\nwith the board a surety bond payable to the college executed by a surety\\ncompany authorized to transact business in this state and securing to\\nthe college the payment of such deposits and the agreed interest\\nthereon, if any. In lieu of a surety bond, the board may require any\\nsuch bank or banker to deposit with it outstanding unmatured obligations\\nof the United States of America, the state of New York, or of any\\nmunicipality or college of the state of New York, as security for such\\nmoneys so deposited; but such obligations shall be subject to the\\napproval of the board and shall be deposited in such place and held\\nunder such conditions as the board may determine. Every depositary of\\ncollege moneys is hereby authorized and empowered to secure deposits of\\nsuch moneys as provided in this subdivision.\\n 8. a. The state shall, in addition to any other funds that may be\\nappropriated for assistance to community colleges, annually appropriate\\nand pay\\n (i) to the local sponsor of each community college, except a community\\ncollege where the local sponsor has entered into an agreement with the\\ndormitory authority to finance and construct a community college\\nfacility, an amount equal to the aggregate of all rentals and all\\npayments due and payable to the dormitory authority pursuant to any\\nlease, sublease, or other agreement entered into between the dormitory\\nauthority and such local sponsor, whether or not such local sponsor\\nshall be liable therefor, for each twelve-month period beginning on the\\nnext succeeding July first, and\\n (ii) to the local sponsor of each community college where the local\\nsponsor has entered into an agreement with the dormitory authority to\\nfinance and construct a community college facility, an amount equal to\\none-half of all rentals and all payments due and payable to the\\ndormitory authority pursuant to any lease, sublease, or other agreement\\nentered into between the dormitory authority and such local sponsor,\\nwhether or not such local sponsor shall be liable therefor, for each\\ntwelve-month period beginning on the next succeeding July first,\\nprovided, however, if such a local sponsor shall thereafter agree to\\nfinance the costs of providing all or part of a community college\\nfacility the state shall, instead, annually appropriate and pay to such\\nlocal sponsor an amount equal to that portion of all rentals and all\\npayments due and payable to the dormitory authority during the\\ntwelve-month period beginning on the next succeeding July first pursuant\\nto any lease, sublease or other agreement providing for such financing\\nwhich portion represents the state's share (one-half) of the cost of\\neach facility being financed, whether or not the local sponsor shall be\\nliable to pay such rentals and payments, and\\n (iii) to the local sponsor of each community college which has\\nfinanced the entire capital cost of constructing a community college\\nfacility, an amount equal to one-half of the annual debt service on\\nobligations issued by such local sponsor for the purpose of constructing\\nsuch facility. No local sponsor of a community college shall be eligible\\nfor assistance pursuant to the provisions of this paragraph unless: (a)\\na first instance appropriation has been enacted into state law prior to\\nthe commencement of construction; and (b) the state comptroller has\\napproved the interest rate of any and all obligations issued by such\\nlocal sponsor after July twenty-fourth, nineteen hundred seventy-six to\\nfinance the cost of such facility prior to the issuance of such\\nobligations; and (c) all contracts for the construction of such facility\\nentered into by such local sponsor after July twenty-fourth, nineteen\\nhundred seventy-six have been approved by the director of the budget\\nprior to the awarding of such contracts.\\n (iv) notwithstanding any other provision of this paragraph to the\\ncontrary, if the dormitory authority and the state university of New\\nYork shall have entered into an agreement pursuant to subdivision\\ntwenty-one of section sixteen hundred seventy-eight of the public\\nauthorities law and paragraph x of subdivision two of section three\\nhundred fifty-five of this chapter, the amounts otherwise payable to the\\nlocal sponsors of the community colleges pursuant to this subparagraph\\non account of the state's share of the cost of each facility being\\nfinanced shall be payable to the dormitory authority in accordance with\\nsubdivision five of section ninety-seven-p of the state finance law.\\n b. For the purposes of this subdivision, all references to the local\\nsponsor of a community college shall be deemed, in the case of community\\ncollege regions, to refer to those counties, cities or school districts\\nwhich have appointed members to a community college regional board of\\ntrustees.\\n c. For purposes of this subdivision, the reference to the local\\nsponsor of a community college may be deemed, in the case of a community\\ncollege region, to alternatively refer to the community college regional\\nboard of trustees thereof.\\n 9. a. Where construction of a community college facility has commenced\\npursuant to the provisions of a lease, sublease or other agreement with\\nthe dormitory authority or prior to July twenty-fourth, nineteen hundred\\nseventy-six, the local sponsor of such community college may elect to\\nfinance the entire capital cost of constructing such facility pursuant\\nto the provisions of subdivision ten of this section, provided, however,\\nthat the proceeds of obligations issued by such local sponsor to finance\\nthe capital cost of constructing such facility may be paid to the\\ndormitory authority to the extent of amounts owing under a lease,\\nsublease or other agreement with the dormitory authority entered into by\\nsuch local sponsor with respect to such facility, and provided further\\nthat any such local sponsor which elected to refinance the entire\\ncapital cost of constructing a community college facility pursuant to\\nthe provisions of this subdivision, may, at the time it enters into\\npermanent financing of such facility, elect to do so pursuant to the\\nprovisions of the dormitory authority act or subdivision ten of this\\nsection.\\n b. For the purposes of this subdivision, all references to the local\\nsponsor of a community college shall be deemed, in the case of community\\ncollege regions, to refer to those counties, cities or school districts\\nwhich have appointed members to a community college regional board of\\ntrustees.\\n 10. a. Each local sponsor of a community college shall have full power\\nand authority to finance all or a portion of the capital costs of a\\ncommunity college facility pursuant to the provisions of the local\\nfinance law and to expend the proceeds therefrom to pay such costs.\\n b. For the purposes of this subdivision, the reference to the local\\nsponsor of a community college shall be deemed, in the case of community\\ncollege regions, to refer to those counties, cities or school districts\\nwhich have appointed members to a community college regional board of\\ntrustees.\\n c. A community college region shall have full power and authority to\\nfinance all or a portion of the capital costs of a regional community\\ncollege facility pursuant to the provisions of article eight of title\\nfour of the public authorities law and to expend the proceeds therefrom\\nto pay such costs.\\n 11. a. The following terms, when used or referred to in this\\nsubdivision, shall have the following meaning:\\n (i) \"Credit card\" means any credit card, credit plate, charge card,\\ncharge plate, courtesy card, debit card, other identification card,\\nvalue transfer device as defined by the state comptroller or device\\nissued by a person to another person which may be used to obtain a cash\\nadvance or a loan or credit, or to purchase or lease property or\\nservices on the credit of the person issuing the credit card or a person\\nwho has agreed with the issuer to pay obligations arising from the use\\nof a credit card issued to another person.\\n (ii) \"Card issuer\" means an issuer of a credit card, charge card or\\nother value transfer device.\\n (iii) \"Financing agency\" means any agency defined as such in\\nsubdivision eighteen of section four hundred one of the personal\\nproperty law.\\n (iv) \"Person\" means an individual, partnership, corporation or any\\nother legal or commercial entity.\\n b. The board of trustees of any community college may determine, by\\nresolution, that it is in the public interest to authorize such\\ncommunity college to enter into agreements with one or more financing\\nagencies or card issuers to provide for the acceptance, by such officers\\nof the community college as may be designated pursuant to this\\nsubdivision, of credit cards as a means of payment of tuition, expenses,\\nfees, charges, revenue, financial obligations or other amounts owed by\\nstudents to the community college. Any such agreement shall govern the\\nterms and conditions upon which a credit card proffered as a means of\\npayment of tuition, expenses, fees, charges, revenue, financial\\nobligations or other amounts shall be accepted or declined and the\\nmanner in and conditions upon which the financing agency or card issuer\\nshall pay to such community college the amount of tuition, expenses,\\nfees, charges, revenue, financial obligations or other amounts paid by\\nmeans of a credit card pursuant to such agreement. Any such agreement\\nmay provide for the payment by such community college to such financing\\nagency or card issuer of fees for the services provided by such\\nfinancing agency or card issuer pursuant to such agreement, which fees\\nmay consist of a discount deducted from or payable in respect of the\\namount of each such tuition, expense, fee, charge, revenue, financial\\nobligation or other amount. If fees are paid by such a discount, they\\nshall be post-audited by the officer or board of the community college\\nresponsible for auditing claims against the community college.\\n c. Any community college which has entered into an agreement with a\\nfinancing agency or card issuer as authorized by this subdivision may\\naccept credit cards as a means of payment of tuition, expenses, fees,\\ncharges, revenue, financial obligations or other amounts, as provided in\\nsuch agreement and may pay such fees as are specified in such agreement\\nto such financing agency or card issuer in consideration of the services\\nrendered by such financing agency or card issuer thereunder.\\nNotwithstanding any other provision of law to the contrary, it shall be\\nthe option of the board of trustees of the community college to require,\\nas a condition of accepting payment by credit card, that such person\\noffering payment by credit or charge card pay a service fee to the\\ncommunity college not exceeding costs incurred by the community college\\nin connection with the credit or charge card payment transaction,\\nincluding any fee owed by the community college to the financing agency\\nor card issuer arising from that transaction.\\n d. Contracts entered into pursuant to this subdivision between\\ncommunity college and financing agencies or card issuers shall be\\nawarded in accordance with the community college's written internal\\npolicies and procedures governing procurements.\\n e. The underlying debt, lien, obligation, bill, account or other\\namount owed by the student to the community college for which payment by\\ncredit card is accepted by the community college shall not be expunged,\\ncancelled, released, discharged or satisfied, and any receipt or other\\nevidence of payment shall be deemed conditional, until the community\\ncollege has received final and unconditional payment of the full amount\\ndue from the financing agency or card issuer for such credit card\\ntransaction.\\n f. The board of trustees, in enacting a resolution pursuant to this\\nsubdivision, shall designate which of its officers, charged with the\\nduty of collecting or receiving moneys on behalf of the community\\ncollege, shall be authorized to accept credit cards as a means of\\npayment of tuition, expenses, fees, charges, revenue, financial\\nobligations and other amounts.\\n g. Under circumstances where community colleges are otherwise\\nauthorized by law to contract for the collection of tuition, expenses,\\nfees, charges, revenue, financial obligations or other amounts, such\\ncontract shall provide that the contractor accept credit cards as a\\nmechanism for payment.\\n 12. a. Notwithstanding any other law to the contrary, whenever an\\nofficer of a community college is authorized pursuant to law to disburse\\nor transfer on behalf of the community college funds in the custody of\\nthe officer, that officer shall be authorized to disburse or transfer\\nsuch funds by means of electronic or wire transfer. Such disbursement\\nshall be otherwise subject to applicable laws, provided that:\\n (i) the board of trustees of the community college has entered into a\\nwritten agreement with the bank or trust company in which such funds\\nhave been deposited, prescribing the manner in which electronic or wire\\ntransfer of such funds shall be accomplished, identifying by number and\\nname those accounts from which electronic or wire transfers may be made,\\nidentifying which officer or officers are authorized to order the\\nelectronic or wire transfer of funds from those accounts, and\\nimplementing a security procedure as defined in section 4-A-201 of the\\nuniform commercial code; and\\n (ii) the bank or trust company processing the transfer shall provide\\nto the officer ordering the electronic or wire transfer of funds written\\nconfirmation of each such transaction no later than the business day\\nfollowing the day on which the funds are transmitted.\\n b. It shall be the duty of the board of trustees of the community\\ncollege to adopt a system of internal controls for the documentation and\\nreporting of all transfers or disbursements of funds accomplished by\\nelectronic or wire transfer.\\n 13. a. The board of trustees of any community college may determine,\\nby resolution, that it is in the public interest and authorize such\\ncommunity college to provide for the acceptance of tuition, expenses,\\nfees, charges, revenue, financial obligations or other amounts via a\\ncommunity college internet website. However, submission via the internet\\nmay not be required as the sole method for the collection of tuition,\\nexpenses, fees, charges and other amounts. Such payments shall be\\naccepted via the internet in a manner and condition defined by such\\ncommunity college. Any method used to receive internet payments shall\\ncomply with article one of the state technology law and any rules and\\nregulations promulgated and guidelines developed thereunder and, at a\\nminimum must:\\n (i) authenticate the identity of the sender; and\\n (ii) ensure the security of the information transmitted.\\n b. Payments received via the internet shall be considered received by\\nthe appropriate officer and paid by the payor at the time the internet\\ntransaction is completed and sent by the payor.\\n c. The underlying debt, lien, obligation, bill, account or other\\namount owed by the student to the community college for which payment by\\ninternet is accepted by the community college shall not be expunged,\\ncancelled, released, discharged or satisfied, and any receipt or other\\nevidence of payment shall be deemed conditional, until the community\\ncollege has received final and unconditional payment of the full amount\\ndue.\\n d. The board of trustees, in enacting a resolution pursuant to this\\nsubdivision, shall designate which of its officers, charged with the\\nduty of collecting or receiving moneys on behalf of the community\\ncollege, shall be authorized to accept such payments via the internet.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6304-A", "title" : "Reports to local sponsors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6304-A", "activeDate" : "2014-09-22", "sequenceNo" : 1501, "repealedDate" : null, "fromSection" : "6304-A", "toSection" : "6304-A", "text" : " § 6304-A. Reports to local sponsors. The commissioner shall provide\\nthe local sponsor or sponsors with a copy of each program review report\\nof the sponsored community college prepared by the department pursuant\\nto this chapter. The comptroller shall provide the local sponsor or\\nsponsors with a copy of each final audit or final report on the\\nsponsored community college prepared by the department of audit and\\ncontrol. The president of the higher education services corporation\\nshall provide the local sponsor or sponsors with a copy of each report\\nof a financial aid program review of the sponsored community college.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6305", "title" : "Non-resident and out-of-state students", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-08-18", "2018-04-20", "2019-04-19", "2019-07-05", "2019-07-19", "2021-11-19", "2022-07-08", "2022-08-19", "2022-12-16", "2023-07-07", "2026-06-12" ], "docLevelId" : "6305", "activeDate" : "2014-09-22", "sequenceNo" : 1502, "repealedDate" : null, "fromSection" : "6305", "toSection" : "6305", "text" : " § 6305. Non-resident and out-of-state students. 1. In addition to\\nadmitting residents of its own local sponsor or sponsors, each community\\ncollege shall, within the quota and under the conditions prescribed by\\nthe state university trustees, admit non-resident students and\\nout-of-state students.\\n 2. Any community college may, with the approval of the state\\nuniversity trustees, charge non-resident students sufficient tuition and\\nfees to cover an allocable portion of the local sponsor's share of the\\noperating costs of such community college in addition to regular tuition\\nand fees. Such community college may elect to charge to and collect\\nfrom each county within the state which has issued a certificate or\\ncertificates of residence pursuant to subdivision three of this section\\non the basis of which such non-resident students are attending such\\ncommunity college, an allocable portion of the local sponsor's share of\\nthe operating costs of such community college attributable to such\\nnon-resident students, computed on a per student basis, together with a\\nfurther sum of not to exceed three hundred dollars each year to be\\ndetermined and approved by the state university trustees for each such\\nnon-resident student on account of the local sponsor's share of the\\ncapital costs incurred to provide facilities in which such non-resident\\nstudents can be accommodated; or, where such non-resident students come\\nfrom communities which have elected to participate in and pay an\\nappropriate share of the expenses involved in the local sponsor's\\ncommunity college program, such allocable portion of operating expenses\\nand such further sum not to exceed three hundred dollars per student for\\ncapital costs on account of their residents attending such community\\ncollege shall be determined and approved by the state university\\ntrustees, and be charged to and collected from such communities.\\n 3. The chief fiscal officer of each county, as defined in section 2.00\\nof the local finance law, shall, upon application and submission to him\\nof satisfactory evidence, issue to any person desiring to enroll in a\\ncommunity college as a non-resident student, a certificate of residence\\nform showing that said person is a resident of said county. If the chief\\nfiscal officer of a county refuses to issue such a certificate on the\\nground that the person applying therefor is not a resident of such\\ncounty, the person applying may appeal to the chancellor of the state\\nuniversity. The chancellor of the state university shall make a\\ndetermination after a hearing, upon ten days' notice to such chief\\nfiscal officer of the county, and such determination shall be final and\\nbinding on the county. Such person shall, upon his registration for each\\ncollege year, file with the college such a certificate of residence form\\nissued not earlier than two months prior thereto, and such certificate\\nof residence form shall be valid for a period of one year from the date\\nof issuance.\\n 4. If, pursuant to subdivision two of this section, a community\\ncollege elects to charge to and collect an allocable portion of the\\noperating costs and a further sum on account of capital costs of such\\ncollege from each county which has issued a certificate form or\\ncertificates of residence forms pursuant to subdivision three of this\\nsection, on the basis of which non-resident students are attending such\\ncommunity college, the president of such community college shall, within\\nforty-five days after the commencement of each college term or program,\\nsubmit to the chief fiscal officer of each county a list of non-resident\\nstudents attending such college on the basis of such certificates of\\nresidence form and a voucher for the amount payable by each county for\\nthese students. Such list and voucher shall be determined on the basis\\nof non-resident students enrolled in the program as of the end (or last\\nday) of the third week of the commencement for a program scheduled for\\none semester, the end of the second for a program scheduled for an\\nacademic quarter and the end of the first week for any program scheduled\\nto be completed in thirty days or less. The chancellor of the state\\nuniversity, or such officers or employees thereof as shall be designated\\nby the chancellor in the manner authorized by the state university\\ntrustees, shall notify the chief fiscal officers of each county of the\\napproved annual operating and capital charge-back rate for each\\ncommunity college. The amount billed to the chief fiscal officer of each\\ncounty by the president of such community college as a charge for the\\nallocable portion of the operating costs and a further sum on account of\\ncapital costs of such college for non-resident students shall be paid to\\nthe chief fiscal officer of such college by the billed county no later\\nthan sixty days after the county receives said billing.\\n 5. Amounts payable to such colleges by a county pursuant to this\\nsection shall be a general county charge; provided, however, that with\\nrespect to the amounts allocable to each community college a county may\\ncharge back such amounts in whole or in part to the cities and towns in\\nthe county in proportion to the number of students who, on the basis of\\ncertificates of residence issued by such county, were attending each\\nsuch college as non-residents of the local sponsors thereof during the\\nterms for which the county has been charged, and who were residents of\\neach such city or town at the beginning of such terms.\\n 7. In the case of counties comprising the city of New York, references\\nin this section to a county shall mean the city of New York and\\nreferences in this section to the chief fiscal officer of a county shall\\nmean the comptroller of the city of New York.\\n 8. Part-time and out-of-state students shall be charged such tuition\\nand fees as may be approved by the state university trustees. Any\\nstudent attending a community college who is a member or the spouse or\\nthe dependent of a member of the armed forces of the United States on\\nfull-time active duty and stationed in this state, whether or not a\\nresident of this state, shall be charged the tuition rate for residents\\nas approved by the state university trustees. Any student attending a\\ncommunity college in accordance with the federal GI bills and in\\ncompliance with all applicable eligibility requirements thereof, whether\\nor not a resident of this state, shall be charged the tuition rate for\\nresidents as approved by the state university trustees.\\n 9. A community college may expend moneys collected as capital charges\\nreceived from counties of nonresident students for up to one-half the\\npurchase price of equipment. A community college may include up to\\none-half the purchase price of equipment in calculating capital charges\\ncollected from counties of nonresident students. Such expenditures shall\\nbe made pursuant to guidelines promulgated in rules and regulations of\\nthe board of trustees of the state university. In no event shall such\\nexpenditures qualify for state aid as capital costs.\\n 10. On or before March thirty-first, nineteen hundred ninety-five and\\nevery year thereafter, the state shall reimburse each county which has\\nissued a certificate of residence for any non-resident student in\\nattendance at the fashion institute of technology during the nineteen\\nhundred ninety-three--ninety-four academic year and every year\\nthereafter in an amount equal to fifty percent of the actual amount paid\\nby such county on behalf of such students and on or before June first,\\nnineteen hundred ninety-five and every year thereafter, the state shall\\nreimburse each county for the remaining fifty percent of the actual\\namount paid by each such county on behalf of such students.\\n 11. The state university of New York and the city university of New\\nYork shall, pursuant to a study and plan, develop a methodology for\\ncalculating chargeback rates to ensure equity between the local sponsor\\ncontribution per student and the chargeback rate per student charged to\\nother counties, and the implementation of such methodology will be\\nphased in over five years beginning in the two thousand sixteen--two\\nthousand seventeen academic year. A report on the plan shall be\\nsubmitted to the chair of the senate and assembly higher education\\ncommittees, the chairs of the senate finance committee, the chair of the\\nassembly ways and means committee and the director of the budget no\\nlater than June first, two thousand fifteen.\\n 12. Such calculated chargeback rates shall be set on an academic year\\nbasis and shall not vary by semester within each academic year, and no\\nretroactive charge shall be billed to any county based on an increased\\nchargeback rate after the commencement of each annual academic year.\\n 13. Beginning in the two thousand fourteen--two thousand fifteen\\nacademic year, the state university of New York and the city university\\nof New York shall develop an on-line training program to be made\\navailable to each county treasurer and/or financial officer, to provide\\ninformation regarding chargeback fees and guidance concerning common\\nforms, timelines, and policies relating to chargeback fees and the\\npayment thereof.\\n 14. Beginning in the two thousand fourteen--two thousand fifteen\\nacademic year, the state university of New York and the city university\\nof New York shall assist in the development and implementation of an\\non-line or electronic billing system, to be available to the counties of\\nthis state, for the payment of chargeback fees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6306", "title" : "Administration of community colleges--boards of trustees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-04-24", "2015-08-14", "2015-12-18", "2016-04-08", "2017-08-18", "2021-01-01", "2021-03-26", "2025-12-12", "2026-02-27", "2026-03-13" ], "docLevelId" : "6306", "activeDate" : "2014-09-22", "sequenceNo" : 1503, "repealedDate" : null, "fromSection" : "6306", "toSection" : "6306", "text" : " § 6306. Administration of community colleges--boards of trustees. 1.\\nEach community college, except in the city of New York, shall be\\nadministered by a board of trustees of ten members, nine of whom shall\\nbe appointed for terms of seven years in annual rotation, and one member\\nelected as herein provided, except that initial appointments shall be\\nmade for terms of one to nine years respectively. Five members shall be\\nappointed by the local legislative body or board, or other appropriate\\ngoverning agency, one of whom may be a member of such local legislative\\nbody or board, or other appropriate governing agency, four, from among\\npersons residing in the sponsoring community, by the governor and one\\nmember elected by and from among the students of the college who shall\\nserve as a member of the board for a one-year term, provided, however,\\nthat the term of the student member first elected shall be nine months\\ncommencing October first, nineteen hundred seventy-five. The student\\nmember shall be afforded the same parliamentary privileges as are\\nconferred upon voting members, including but not limited to the right to\\nmake and second motions and to place items on the agenda. Such student\\nmember shall be subject to every provision of any general, special or\\nlocal law, ordinance, charter, code, rule or regulation applying to the\\nmembers of such board with respect to the discharge of their duties\\nincluding, but not limited to, those provisions setting forth codes of\\nethics, disclosure requirements and prohibiting business and\\nprofessional activities. The election of the student member shall be\\nconducted in accordance with rules and regulations promulgated by the\\nrespective representative campus student association in accordance with\\nguidelines established by the state university trustees. In the event\\nthat the student member ceases to be a student at the institution, he\\nshall be required to resign. The governor's initial appointments shall\\nbe for terms of two, four, six and eight years respectively and those by\\nlocal authorities for terms of one, three, five, seven and nine years\\nrespectively. Vacancies shall be filled for unexpired terms in the same\\nmanner as original selections by the authority responsible for the\\noriginal selection. The board shall select its own chairman from among\\nits voting membership. Where two or more local sponsors join in the\\nestablishment of a community college, the apportionment of the\\nappointments among them shall be made by the state university trustees.\\nTrustees shall receive no compensation for their services but shall be\\nreimbursed for their expenses actually and necessarily incurred by them\\nin the performance of their duties under this article. Members initially\\nappointed or elected under this subdivision to the board of trustees of\\nany community college hereafter established shall take office\\nimmediately upon their selection and qualification, but for purposes of\\ndetermining the expiration of their respective terms and the\\ncommencement of the terms of their successors, the term of office of\\neach such initial member shall be deemed to have commenced on the first\\nday of July of the year in which such college was established. The terms\\nof office of all members of the boards of trustees of community colleges\\nheretofore established, appointed or elected as provided in this\\nsubdivision, shall terminate on the thirtieth day of June of the\\ncalendar year within which such terms expire under the provisions of\\nthis subdivision as hereby amended. For the purpose of determining such\\nyear all initial terms of office of appointed members of the boards of\\ntrustees of community colleges heretofore established shall be deemed to\\nhave commenced on the first day of July of the year in which such\\ncolleges were established and the terms of their successors for full\\nterms, if any, shall be deemed to have commenced upon the expiration of\\nthe number of years from such date for which such initial appointments\\nwere made.\\n The one member elected by and from among the students of the college\\nmay be removed by such students in accordance with rules and regulations\\npromulgated by the respective representative campus student association\\nin accordance with guidelines promulgated by the state university\\ntrustees. In the case of community colleges in the city of New York the\\nyear in which any such college was established for the purposes of this\\nsubdivision shall mean the year in which it was or may be determined\\nthat its board of trustees be appointed and serve in the manner provided\\nby this subdivision.\\n The provisions of this subdivision shall not apply to community\\ncollege regional boards of trustees.\\n 1-a. Notwithstanding the provisions of subdivision one of this\\nsection, the term of office of a member of the board of trustees of\\nRockland Community College appointed by the local legislative body or\\nboard shall be five years.\\n 2. The board of trustees of each community college shall appoint a\\npresident for the college, subject to approval by the state university\\ntrustees, and it shall appoint or delegate to the president the\\nappointment of other members of the staff. The staff of a community\\ncollege shall consist of the professional service and the\\nnon-professional service. The professional service shall include\\npositions requiring the performance of educational functions in\\nagriculture, home economics, liberal and applied arts and sciences,\\nengineering, technical skills, crafts, business education, medicine,\\ndentistry, nursing, academic administration, library service, student\\nactivities, student personnel services, and other professions required\\nto carry on the work of the community colleges. The non-professional\\nservice shall consist of all positions not in the professional service.\\nThe board of trustees of each community college shall adopt curricula,\\nsubject to the approval of the state university trustees, prepare a\\nbudget and, with the exception of community college regional boards of\\ntrustees, submit such budget for approval by the local legislative body\\nor board, or other appropriate governing agency and, subject to the\\ngeneral supervision of the state university trustees, discharge such\\nother duties as may be appropriate or necessary for the effective\\noperation of the college. Where the city of New York is the local\\nsponsor of a community college, salaries fixed by the board of trustees\\nof such college shall be in accordance with salary schedules approved by\\nthe mayor of that city.\\n 3. In the city of New York, upon the establishment of a community\\ncollege sponsored by the board of education, the sponsoring board shall\\nbe the trustees and shall be vested with the powers of a board of\\ntrustees of a community college, or upon the application of the\\nsponsoring board, approved by the state university trustees, the board\\nof trustees of such community college may be appointed and serve in the\\nmanner provided by subdivision one of this section; and upon the\\nestablishment and continuance of a community college sponsored by the\\ncity of New York, the local sponsor may designate the board of education\\nin that city as the trustee to be vested with the powers of a board of\\ntrustees of a community college, or the local sponsor may provide that\\nthe board of trustees of such community college shall be appointed and\\nserve in the manner provided by subdivision one of this section. In the\\nevent that the board of education serves as the board of trustees of a\\ncommunity college in the city of New York, its powers and duties in\\nrelation thereto shall be as prescribed in this article for boards of\\ntrustees of community colleges. In the city of New York, the board of\\ntrustees of the fashion institute of technology shall, under such\\nby-laws as such board deems appropriate, provide for the eligibility for\\nsabbatical leaves of absence to members of its permanent instructional\\nstaff; provided, however, that when such leaves are for one-half year,\\nthey shall be at full pay, and when such leaves are for one year, they\\nshall be at half pay.\\n 3-a. (a) Notwithstanding the provisions of subdivisions one and three\\nof this section, effective July first, two thousand eight, the fashion\\ninstitute of technology shall be administered by a board of trustees of\\ntwelve members. Six members shall be appointed by the local sponsor, one\\nof whom may be a member of such sponsor; five members shall be appointed\\nby the governor from among persons who reside in the city of New York;\\nand one member shall be elected by and from among the students of the\\nfashion institute of technology.\\n (b) The provisions of subdivisions one and three of this section\\nnotwithstanding, effective July first, two thousand nine, the fashion\\ninstitute of technology shall be administered by a board of trustees of\\nfourteen members. Seven members shall be appointed by the local sponsor,\\none of whom may be a member of such sponsor; six members shall be\\nappointed by the governor from among persons who reside in the city of\\nNew York; and one member shall be elected by and from among the students\\nof the fashion institute of technology.\\n (c) The provisions of subdivisions one and three of this section\\nnotwithstanding, effective July first, two thousand ten, the fashion\\ninstitute of technology shall be administered by a board of trustees of\\nsixteen members. Eight members shall be appointed by the local sponsor,\\none of whom may be a member of such sponsor; seven members shall be\\nappointed by the governor from among persons who reside in the city of\\nNew York; and one member shall be elected by and from among the students\\nof the fashion institute of technology.\\n 4. The board of trustees of each community college may acquire by\\ndeed, gift, devise, bequest or lease, real or personal property suitable\\nfor carrying out the program and purposes of the college, and pursuant\\nto regulations prescribed by the state university trustees may apply any\\nincome that may be derived therefrom to the maintenance thereof; but no\\nlands, grounds, buildings, facilities or equipment shall be purchased or\\nleased unless an appropriation has been made, therefor, or unless\\notherwise authorized by law. Title to personal property so acquired\\nshall vest in such board of trustees in its own name and such property\\nshall be held and used by such board for college purposes. Title to real\\nproperty so acquired shall vest in and be held by the local sponsor in\\ntrust for the uses and purposes of the community college. Where a\\ncommunity college region is the local sponsor of a community college,\\ntitle to real and personal property shall vest in the community college\\nregional board of trustees. The use of real or personal property given\\nto the board of trustees of any community college, or of the income\\ntherefrom, to provide any part of the local sponsor's share of capital\\nor operating costs shall be subject to the consent of the state\\nuniversity trustees and such regulations as they may prescribe.\\n 5. The board of trustees shall have the care, custody, control and\\nmanagement of the lands, grounds, buildings, facilities and equipment\\nused for the purposes of such college and of all other property\\nbelonging to such college and used for carrying out its purposes, and it\\nshall have power to protect, preserve and improve the same.\\n 5-a. a. The board of trustees of each community college shall have the\\nauthority to appoint security officers for the community college and, in\\nits discretion, to designate or to revoke the designation of one or more\\nthan one security officer as a peace officer. A security officer so\\ndesignated shall have the powers of a peace officer as set forth in\\nsection 2.20 of the criminal procedure law. A security officer\\ndesignated as a peace officer must have satisfactorily completed or\\ncomplete, within one year of the date of such designation, a course of\\nlaw enforcement training prescribed by the municipal police training\\ncouncil in consultation with the state university board of trustees. A\\npeace officer so designated may possess and carry a firearm as a part of\\non duty employment only if authorized to do so by the president of the\\ncommunity college. The geographical area of employment of a peace\\nofficer so designated is the campus and other property of the community\\ncollege at which the peace officer serves, including that portion of a\\npublic highway which crosses or abuts such property, and residential or\\nother facilities owned, operated, or maintained by a not-for-profit\\nentity associated with the community college for which such community\\ncollege provides security.\\n b. The appointment of security officers at a community college shall\\nbe governed by and conform with civil service laws, rules and\\nregulations, if applicable to the community college and its employees.\\nThe designation of a security officer as a peace officer shall be based\\non qualifications established by the community college board of\\ntrustees, and in accordance with seniority. For purposes of this\\nsubdivision, \"seniority\" means total employment service with the\\ncommunity college making such designation.\\n c. A security officer who has been designated a peace officer may have\\nsuch designation suspended or removed pursuant to procedures established\\nby the community college or in compliance with any local collective\\nbargaining agreement, if applicable to the community college and its\\nemployees.\\n d. The designation of peace officers pursuant to this subdivision\\nshall not be deemed to supersede in any way the authority of other peace\\nofficers and police officers.\\n e. Nothing contained in this section shall be construed to: (i) alter\\nany existing collective bargaining agreement; (ii) diminish the rights\\nof employees pursuant to an existing collective bargaining agreement;\\n(iii) affect existing law with respect to an application to the public\\nemployment relations board seeking designation by the board that certain\\npersons are managerial or confidential; or (iv) alter or restrict the\\npower of a county or community college sponsor or employee organization\\nto negotiate with respect to an alternate method of appointment or\\npromotion of security officers.\\n 5-b. Subject to the approval of the board of regents, the board of\\ntrustees shall have the authority to grant honorary associate degrees.\\n 6. The board of trustees shall have such other powers and perform such\\nother duties as may be provided by law or prescribed by the state\\nuniversity trustees.\\n 7. Subject to the approval of the local sponsor acting through its\\nlocal legislative body or board, or other appropriate governing agency,\\nand pursuant to such regulations and limitations as may be established\\nand prescribed by the state university trustees, the board of trustees\\nof each community college may enter into any contract or agreement\\ndeemed necessary or appropriate for the effective operation of the\\ncollege, (1) including contracts or agreements entered into with the\\nfederal government to enable participation in federal student loan\\nprograms, including any and all instruments required thereunder;\\nprovided, however, that the sponsor shall not be liable for any portion\\nof any defaults which it has agreed to assume pursuant to any such\\nagreement in an amount in excess of money appropriated or otherwise\\nlawfully available therefor at the time the liability for payment\\narises, and (2) including contracts with non-profit corporations\\norganized by officers, employees, alumni or students of the college for\\nthe furtherance of its objects and purposes. Notwithstanding the\\nprovisions of any other law, general, special or local, such contracts\\nentered into with such non-profit corporation shall not be subject to\\nany requirement that contracts be let to the lowest responsible bidder\\nafter advertisement for bids. Nothing contained in this subdivision\\nshall be deemed to diminish or impair any powers or authority otherwise\\nvested in the board of trustees of any community college. The provisions\\nof this subdivision shall not apply to community college regional boards\\nof trustees.\\n 8. Subject to the approval of the local sponsor acting through its\\nlocal legislative body or board, or other appropriate governing agency,\\nand pursuant to such regulations and limitations as may be established\\nand prescribed by the state university trustees with the approval of the\\ndirector of the budget, the board of trustees of each community college\\nmay participate in cooperative educational programs, services and\\narrangements with colleges, universities, school districts, boards of\\ncooperative educational services, libraries, museums and join any\\ncooperative association of such educational institutions formed as a\\ncorporation pursuant to section two hundred sixteen of this chapter. The\\nprovisions of this subdivision shall not apply to community college\\nregional boards of trustees.\\n 8-a. a. The board of trustees shall, on or before January first, two\\nthousand, adopt and implement a plan providing for the investigation of\\nany violent felony offense occurring at or on the grounds of each such\\ninstitution, and providing for the investigation of a report of any\\nmissing student. Such plans shall provide for the coordination of the\\ninvestigation of such crimes and reports with local law enforcement\\nagencies. Such plans shall include, but not be limited to, written\\nagreements with appropriate local law enforcement agencies providing for\\nthe prompt investigation of such crimes and reports.\\n b. As used in this subdivision, the following terms shall have the\\nfollowing meanings:\\n (i) \"Local law enforcement agencies\" means any agency or agencies\\nemploying peace officers or police officers for the enforcement of the\\nlaws of the state, and which has or have jurisdiction under provisions\\nof the criminal procedure law over offenses occurring at or on the\\ngrounds of any institution subject to the provisions of this\\nsubdivision.\\n (ii) \"Missing student\" means any student of an institution subject to\\nthe provisions of this subdivision, who resides in a facility owned or\\noperated by such institution and who is reported to such institution as\\nmissing from his or her residence.\\n (iii) \"Violent felony offense\" means a violent felony offense as\\ndefined in subdivision one of section 70.02 of the penal law.\\n 9. In the case of colleges sponsored by community college regions,\\nreferences in subdivisions two, four, five, six and eight-a of this\\nsection to the board of trustees of a community college shall mean the\\ncommunity college regional board of trustees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6307", "title" : "Establishment of state-aided four-year colleges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6307", "activeDate" : "2014-09-22", "sequenceNo" : 1504, "repealedDate" : null, "fromSection" : "6307", "toSection" : "6307", "text" : " § 6307. Establishment of state-aided four-year colleges. 1. Upon\\nrecommendation of the state university trustees, counties or adjoining\\ncities not now adequately served by any four-year college programs, may\\nbe empowered singly or jointly to establish and operate four-year\\ncollege programs. Such colleges shall be financed and administered in a\\nmanner similar to that provided for community colleges herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6308", "title" : "Defense and indemnification of community college trustees, officers and employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6308", "activeDate" : "2014-09-22", "sequenceNo" : 1505, "repealedDate" : null, "fromSection" : "6308", "toSection" : "6308", "text" : " § 6308. Defense and indemnification of community college trustees,\\nofficers and employees. 1. As used in this section, the term \"employee\"\\nshall mean any person holding a position by appointment or employment in\\nthe service of a community college, whether or not compensated, or a\\nvolunteer expressly authorized to participate in a community college\\nsponsored volunteer program, but shall not include an independent\\ncontractor. The term employee shall include a former employee, his\\nestate or judicially appointed personal representative.\\n 2. (a) Upon compliance by the employee with the provisions of\\nsubdivision four of this section, the local sponsor of a community\\ncollege shall provide for the defense of the employee in any civil\\naction or proceeding in any state or federal court arising out of any\\nalleged act or omission which occurred or is alleged in the complaint to\\nhave occurred while the employee was acting within the scope of his\\npublic employment or duties, or which is brought to enforce a provision\\nof section nineteen hundred eighty-one or nineteen hundred eighty-three\\nof title forty-two of the United States code and the act or omission\\nunderlying the action occurred or is alleged in the complaint to have\\noccurred while the employee was acting within the scope of his public\\nemployment or duties. This duty to provide for a defense shall not arise\\nwhere such civil action or proceeding is brought by or on behalf of the\\nlocal sponsor.\\n (b) Subject to the conditions set forth in paragraph (a) of this\\nsubdivision, the employee shall be entitled to be represented by the\\nlocal sponsor provided, however, that the employee shall be entitled to\\nrepresentation by private counsel of his choice in any civil judicial\\nproceeding whenever the local sponsor determines based upon its\\ninvestigation and review of the facts and circumstances of the case that\\nrepresentation by the local sponsor would be inappropriate, or whenever\\na court of competent jurisdiction, upon appropriate motion or otherwise\\nby a special proceeding, determines that a conflict of interest exists\\nand that the employee is entitled to be represented by private counsel\\nof his choice. The local sponsor shall notify the employee in writing of\\nsuch determination that the employee is entitled to be represented by\\nprivate counsel. The local sponsor may require, as a condition to\\npayment of the fees and expenses of such representation, that\\nappropriate groups of such employees be represented by the same counsel.\\nThe local sponsor shall certify to its chief fiscal officer that the\\nemployee or group of employees is entitled to representation by private\\ncounsel under the provisions of this section. Reasonable attorneys' fees\\nand litigation expenses shall be paid by the local sponsor to such\\nprivate counsel from time to time during the pendency of the civil\\naction or proceeding subject to certification that the employee is\\nentitled to representation under the terms and conditions of this\\nsection by the board of trustees of the community college at which such\\nemployee is employed and upon the audit and warrant of the chief fiscal\\nofficer of the sponsor. Any dispute with respect to representation of\\nmultiple employees by a single counsel or the amount of litigation\\nexpenses or the reasonableness of attorneys' fees shall be resolved by\\nthe court upon motion or by way of a special proceeding.\\n (c) Where the employee delivers process and a request for a defense to\\nthe local sponsor as required by subdivision four of this section, the\\nsponsor shall take the necessary steps including the retention of\\nprivate counsel under the terms and conditions provided in paragraph (b)\\nof this subdivision on behalf of the employee to avoid entry of a\\ndefault judgment pending resolution of any question pertaining to the\\nobligation to provide for a defense.\\n 3. (a) The local sponsor shall indemnify and save harmless its\\nemployees in the amount of any judgment obtained against such employees\\nin any state or federal court, or in the amount of any settlement of a\\nclaim, or shall pay such judgement or settlement; provided, that the act\\nor omission from which such judgment or settlement arose occurred while\\nthe employee was acting within the scope of his public employment or\\nduties; the duty to indemnify and save harmless or pay prescribed by\\nthis subdivision shall not arise where the injury or damage resulted\\nfrom intentional wrongdoing or recklessness on the part of the employee.\\n (b) An employee represented by the local sponsor or by private counsel\\npursuant to this section shall cause to be submitted to the board of\\ntrustees of the community college at which he is employed any proposed\\nsettlement which may be subject to indemnification or payment by the\\nlocal sponsor and if not inconsistent with the provisions of this\\nsection such board of trustees of the community college at which he is\\nemployed shall certify such settlement, and submit such settlement and\\ncertification to the local sponsor. The local sponsor shall review such\\nproposed settlement as to form and amount, and shall give its approval\\nif in its judgment the settlement is in the best interest of the local\\nsponsor and the community college. Nothing in this subdivision shall be\\nconstrued to authorize the local sponsor to indemnify and save harmless\\nan employee with respect to a settlement or pay any such settlement not\\nso reviewed and approved.\\n (c) Nothing in this subdivision shall authorize the local sponsor to\\nindemnify and save harmless an employee with respect to punitive or\\nexemplary damages, fines or penalties, or money recovered from an\\nemployee pursuant to section fifty-one of the general municipal law;\\nprovided, however, that the local sponsor shall indemnify and save\\nharmless its employees in the amount of any costs, attorneys' fees,\\ndamages, fines or penalties which may be imposed by reason of an\\nadjudication that an employee, acting within the scope of his public\\nemployment or duties, has, without willfulness or intent on his part,\\nviolated a prior order, judgement, consent decree or stipulation of\\nsettlement entered in any court of this state or of the United States.\\n (d) Upon entry of a final judgment against the employee, or upon the\\nsettlement of the claim, the employee shall cause to be served a copy of\\nsuch judgment or settlement, personally or by certified or registered\\nmail within thirty days of the date of entry or settlement, upon the\\nboard of trustees of the community college at which he is employed; and\\nif not inconsistent with the provisions of this section, such judgment\\nor settlement shall be certified for payment by such board. If the local\\nsponsor concurs in such certification, the judgment or settlement shall\\nbe paid upon the audit and warrant of the chief fiscal officer of the\\nlocal sponsor.\\n 4. The duty to defend or indemnify and save harmless prescribed by\\nthis section shall be conditioned upon (i) delivery to the local sponsor\\nat its main business office by the employee of the original or a copy of\\nany summons, complaint, process, notice, demand or pleading within five\\ndays after he is served with such document, and (ii) the full\\ncooperation of the employee in the defense of such action or proceeding\\nand in defense of any action or proceeding against the community college\\nor local sponsor based upon the same act or omission, and in the\\nprosecution of any appeal. Such delivery shall be deemed a request by\\nthe employee that the local sponsor provide for his defense pursuant to\\nthis section.\\n 5. The benefits of this section shall inure only to employees as\\ndefined herein and shall not enlarge or diminish the rights of any other\\nparty nor shall any provision of this section be construed to affect,\\nalter or repeal any provision of the workers' compensation law.\\n 6. The provisions of this section shall not in any way affect the\\nobligation of any claimant to give notice to the local sponsor under any\\nprovision of law.\\n 7. The provisions of this section shall not be construed to impair,\\nalter, limit or modify the rights and obligations of any insurer under\\nany policy of insurance.\\n 8. The provisions of this section shall apply to all actions and\\nproceedings pending upon the effective date thereof or thereafter\\ninstituted.\\n 9. Except as otherwise specifically provided in this section, the\\nprovisions of this section shall not be construed in any way to impair,\\nalter, limit, modify, abrogate or restrict any immunity available to or\\nconferred upon any unit, entity, officer or employee of the sponsor or\\nany other level of government, or any right to defense and/or\\nindemnification provided for any governmental officer or employee by, in\\naccordance with, or by reason of, any other provision of state or\\nfederal statutory or common law.\\n 10. If any provision of this section or the application thereof to any\\nperson or circumstance be held unconstitutional or invalid in whole or\\nin part by any court of competent jurisdiction, such holding of\\nunconstitutionality or invalidity shall in no way affect or impair any\\nother provision of this section or the application of any such provision\\nto any other person or circumstance.\\n 11. In the case of colleges sponsored by community college regions,\\nreferences in this section to the board of trustees of a community\\ncollege shall mean the president of colleges sponsored by such regions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6309", "title" : "Reimbursement of defense costs incurred by or on behalf of community college trustees, officers and employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6309", "activeDate" : "2014-09-22", "sequenceNo" : 1506, "repealedDate" : null, "fromSection" : "6309", "toSection" : "6309", "text" : " § 6309. Reimbursement of defense costs incurred by or on behalf of\\ncommunity college trustees, officers and employees. 1. As used in this\\nsection, unless the context otherwise requires, the term \"employee\"\\nshall mean any person holding a position by appointment or employment in\\nthe service of a community college, whether or not compensated, or a\\nvolunteer expressly authorized to participate in a community college\\nsponsored volunteer program, but shall not include an independent\\ncontractor. The term employee shall include a former employee, his or\\nher estate, or judicially appointed personal representative.\\n 2. (a) Upon compliance by the employee with the provisions of\\nsubdivision three of this section, and subject to the conditions set\\nforth in paragraph (b) of this subdivision, it shall be the duty of the\\nlocal sponsor of a community college to pay reasonable attorneys' fees\\nand litigation expenses incurred by or on behalf of an employee in his\\nor her defense of a criminal proceeding in a state or federal court\\narising out of any act which occurred while such employee was acting\\nwithin the scope of his or her public employment or duties, upon his or\\nher acquittal, or upon the dismissal of the criminal charges against him\\nor her, or reasonable attorney's fees incurred in connection with an\\nappearance before a grand jury which returns no true bill against the\\nemployee where such appearance was required as a result of any act which\\noccurred while such employee was acting within the scope of his or her\\npublic employment or duties unless such appearance occurs in the normal\\ncourse of the public employment or duties of such employee.\\n (b) Upon the application for reimbursement of reasonable attorneys'\\nfees or litigation expenses, or both, made by or on behalf of an\\nemployee as provided in subdivision three of this section, the local\\nsponsor shall determine, based upon its investigation and its review of\\nthe facts and circumstances, whether such reimbursement shall be paid.\\nThe local sponsor shall notify the employee in writing of such\\ndetermination. Upon determining that such reimbursement should be\\nprovided, the local sponsor shall so certify to its chief fiscal\\nofficer. Upon such certification, reimbursement shall be made for such\\nfees or expenses, or both, upon the audit and warrant of the chief\\nfiscal officer. Any dispute with regard to entitlement to reimbursement\\nor the amount of litigation expenses or the reasonableness of attorneys'\\nfees shall be resolved by a court of competent jurisdiction upon\\nappropriate motion or by way of a special proceeding.\\n 3. Reimbursement of reasonable attorneys' fees or litigation expenses,\\nor both, by the local sponsor as prescribed by this section shall be\\nconditioned upon (a) delivery to the local sponsor at its main business\\noffice by the employee of a written request for reimbursement of\\nexpenses together with, in the case of a criminal proceeding, the\\noriginal or a copy of an accusatory instrument within ten days after the\\nemployee is arraigned upon such instrument or, in the case of a grand\\njury appearance, written documentation of evidence of such appearance\\nand (b) the full cooperation of the employee in defense of any action or\\nproceeding against the community college or local sponsor based upon the\\nsame act, and in the prosecution of any appeal.\\n 4. Except as otherwise specifically provided in this section, the\\nprovisions of this section shall not be construed in any way to impair,\\nalter, limit, modify, abrogate, or restrict any immunity available to or\\nconferred upon any unit, entity, officer, or employee of the sponsor or\\nany other level of government, or any right to defense and/or\\nindemnification provided for any governmental officer or employee by, in\\naccordance with, or by reason of, any other provisions of state or\\nfederal statutory or common law.\\n 5. If any provision of this section or the application thereof to any\\nperson or circumstance by held unconstitutional or invalid in whole or\\nin part by any court of competent jurisdiction, such holding of\\nunconstitutionality or invalidity shall in no way affect or impair any\\nother provision of this section or the application of any such provision\\nto any other person or circumstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6310", "title" : "Community college regions - administration and finance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-07-05" ], "docLevelId" : "6310", "activeDate" : "2014-09-22", "sequenceNo" : 1507, "repealedDate" : null, "fromSection" : "6310", "toSection" : "6310", "text" : " § 6310. Community college regions - administration and finance. 1.\\nEach community college region and community college sponsored by such\\nregion shall be administered by a single board of trustees of fourteen\\nmembers, thirteen of whom shall be appointed for terms of seven years,\\nas set forth in this subdivision, and one member elected as herein\\nprovided, except that initial appointments shall be made for terms of\\none to nine years respectively. Seven members shall be appointed by the\\nlocal legislative bodies or boards of those counties eligible to appoint\\nmembers to the community college regional board of trustees. The seven\\nlocally appointed members of such board may include one member from the\\nlocal legislative body or board of each county eligible to appoint\\nmembers to the community college regional board of trustees. Membership\\nin a community college regional board of trustees shall be apportioned\\namong the counties participating in such board in accordance with the\\nnumber of full-time equivalent students attending a community college\\nsponsored by such regional board who are residents of the respective\\nparticipating counties, and in accordance with such further regulations\\nas may be prescribed by the state university trustees. Six members shall\\nbe appointed by the governor and one member elected by and from among\\nthe students of the college who shall serve as a member of the board for\\na one-year term, provided, however, that the term of the student member\\nfirst elected shall be nine months commencing October first, nineteen\\nhundred eighty-four. The student member shall be afforded the same\\nparliamentary privileges as are conferred upon members, including but\\nnot limited to the right to make and second motions and to place items\\non the agenda. Such student member shall be subject to every provision\\nof any general, special or local law, ordinance, charter, code, rule or\\nregulation applying to the members of such board with respect to the\\ndischarge of their duties including, but not limited to, those\\nprovisions setting forth codes of ethics, disclosure requirements and\\nprohibiting business and professional activities. The election of the\\nstudent member shall be conducted in accordance with rules and\\nregulations promulgated by the respective representative campus student\\nassociation in accordance with guidelines established by the state\\nuniversity trustees. In the event that the student member ceases to be a\\nstudent at the institution, he shall be required to resign. The\\ngovernor's initial appointments shall be as follows: (a) two individuals\\nshall be appointed for terms of two and four years respectively; (b) two\\nindividuals for terms of six years and two individuals for terms of\\neight years. Appointments by local authorities shall be as follows: (a)\\nthree individuals for terms of one, three and five years, respectively;\\n(b) two individuals for terms of seven years, and two individuals for\\nterms of nine years. Vacancies shall be filled for unexpired terms in\\nthe same manner as original selections by the authority responsible for\\nthe original selection. The board shall select its own chairman from\\namong its voting membership. Trustees shall receive no compensation for\\ntheir services but shall be reimbursed for their expenses actually and\\nnecessarily incurred by them in the performance of their duties under\\nthis article. Members initially appointed or elected under this\\nsubdivision to any community college regional board of trustees\\nhereafter established shall take office immediately upon their selection\\nand qualification, but for purposes of determining the expiration of\\ntheir respective terms and the commencement of the terms of their\\nsuccessors, the term of office of each such initial member shall be\\ndeemed to have commenced on the first day of July of the year in which\\nsuch college was established. The terms of office of all members of\\ncommunity college regional boards of trustees heretofore established,\\nappointed or elected as provided in this subdivision, shall terminate on\\nthe thirtieth day of June of the calendar year within which such terms\\nexpire under the provisions of this subdivision as hereby amended. For\\nthe purpose of determining such year all initial terms of office of\\nappointed members of the community college regional board of trustees\\nheretofore established shall be deemed to have commenced on the first\\nday of July of the year in which such community college regions were\\nestablished and the terms of their successors for full terms, if any,\\nshall be deemed to have commenced upon the expiration of the number of\\nyears from such date for which such initial appointments were made.\\n The one member elected by and from among the students of the college\\nmay be removed by such students in accordance with rules and regulations\\npromulgated by the respective representative campus student association\\nin accordance with guidelines promulgated by the state university\\ntrustees.\\n 1-a. Notwithstanding the provisions of subdivision one of this\\nsection, a community college region established to operate as local\\nsponsor of Jamestown community college shall be administered by a single\\nboard of trustees of fifteen members, fourteen of whom shall be\\nappointed for terms of seven years, except that the initial appointments\\nshall be made as set forth in this subdivision, and one member who shall\\nbe elected by and from among the students of the college and shall serve\\nas set forth in subdivision one of this section. Eight members shall be\\nappointed by the local governing bodies of the counties and city\\neligible to appoint members to the Jamestown community college regional\\nboard of trustees, and six members shall be appointed by the governor.\\nThe eight locally appointed members of such board may include one member\\nappointed from among the local governing bodies of the counties or city\\neligible to appoint members to the regional board of trustees.\\nMembership in the Jamestown community college regional board of trustees\\nshall be apportioned in accordance with the number of full-time\\nequivalent students attending the community college who are residents of\\nthe respective participating counties or city, and in accordance with\\nsuch further regulations as may be prescribed by the state university\\ntrustees.\\n Upon the effective date of this subdivision, and notwithstanding any\\ninconsistent provision of any other law, the current Jamestown community\\ncollege board of trustees shall be redesignated the Jamestown community\\ncollege regional board of trustees and the terms of the current members\\nof the Jamestown community college board of trustees shall continue\\nuntil their expiration or termination as provided by section sixty-three\\nhundred six of this chapter. The governor's initial appointments to the\\nJamestown community college regional board of trustees shall be as\\nfollows: one individual shall be appointed for a term of three years,\\nand one individual shall be appointed for a term of five years. Initial\\nappointments by the local authorities shall be as follows: one\\nindividual shall be appointed for a term of two years, one individual\\nshall be appointed for a term of four years, and one individual shall be\\nappointed for a term of six years. Vacancies shall be filled for\\nunexpired terms in the same manner as original selections by the\\nauthority responsible for the original selection. The board shall select\\nits own chairman from among its voting membership. Trustees shall\\nreceive no compensation for their services but shall be reimbursed for\\ntheir expenses actually and necessarily incurred by them in the\\nperformance of their duties under this article. Members initially\\nappointed or elected under this subdivision to any community college\\nregional board of trustees hereafter established shall take office\\nimmediately upon their selection and qualification, but for purposes of\\ndetermining the expiration of their respective terms and the\\ncommencement of the terms of their successors, the term of office of\\neach such initial member shall be deemed to have commenced on the first\\nday of July of the year in which such college was established. The terms\\nof office of all members of community college regional boards of\\ntrustees heretofore established, appointed or elected as provided in\\nthis subdivision, shall terminate on the thirtieth day of June of the\\ncalendar year within which such terms expire under the provisions of\\nthis subdivision as hereby amended. For the purpose of determining such\\nyear, all initial terms of office of appointed members of the community\\ncollege regional board of trustees heretofore established and the terms\\nof their successors for full terms, if any, shall be deemed to have\\ncommenced upon the expiration of the number of years from such date for\\nwhich such initial appointments were made.\\n The one member elected by and from among the students of the college\\nmay be removed by such students in accordance with rules and regulations\\npromulgated by the respective representative campus student association\\nin accordance with guidelines promulgated by the state university\\ntrustees.\\n 1-b. Notwithstanding any provision of this article to the contrary,\\nwith regard to the operating costs of the Jamestown community college,\\nthe county of Chautauqua, as a local sponsor of such college, may pay\\nall such operating costs incurred by such county and may also pay all\\nsuch operating costs incurred by any city within such county which is a\\nlocal sponsor of such college. The county of Chautauqua may pay all such\\noperating costs pursuant to this subdivision:\\n (a) without any charge back to any city or town within such county; or\\n (b) with a charge back of all or any portion of such operating costs\\nto the cities (including the city of Jamestown) and towns in such\\ncounty, in proportion to the number of students attending such community\\ncollege each term who were residents of each such city or town at the\\nbeginning of such term.\\n 2. Pursuant to such regulations and limitations as may be established\\nand prescribed by the state university trustees, the community college\\nregional board of trustees may enter into any contract or agreement\\ndeemed necessary or appropriate for the effective operation of the\\ncollege, including: (a) contracts or agreements entered into with the\\nfederal government to enable participation in federal student loan\\nprograms, including any and all instruments required thereunder; and (b)\\ncontracts with non-profit corporations organized by officers, employees,\\nalumni or students of the college for the furtherance of its objects and\\npurposes. Notwithstanding the provisions of any other law, general,\\nspecial or local, such contracts entered into with such non-profit\\ncorporation shall not be subject to any requirement that contracts be\\nlet to the lowest responsible bidder after advertisement for bids.\\nNothing contained in this subdivision shall be deemed to diminish or\\nimpair any powers or authority otherwise vested in the community college\\nregional board of trustees.\\n 3. Pursuant to such regulations and limitations as may be established\\nand prescribed by the state university trustees with the approval of the\\ndirector of the budget, the community college regional board of trustees\\nmay participate in cooperative educational programs, services and\\narrangements with colleges, universities, school districts, boards of\\ncooperative educational services, libraries, museums and join any\\ncooperative association of such educational institutions formed as a\\ncorporation pursuant to section two hundred sixteen of this chapter.\\n 4. The community college regional board of trustees is hereby created\\na body corporate. All property which is now vested in, or shall\\nhereafter be conveyed or transferred to the community college regional\\nboard of trustees, shall be held by them as a corporation.\\n 4-a. (a) A community college regional board of trustees shall have the\\nauthority to appoint security officers for the community college and, in\\nits discretion, to designate or to revoke the designation of one or more\\nthan one security officer as a peace officer. A security officer so\\ndesignated shall have the powers of a peace officer as set forth in\\nsection 2.20 of the criminal procedure law. A security officer\\ndesignated as a peace officer must have satisfactorily completed or\\ncomplete, within one year of the date of such designation, a course of\\nlaw enforcement training prescribed by the municipal police training\\ncouncil in consultation with the state university board of trustees. A\\npeace officer so designated may possess and carry a firearm as a part of\\non duty employment only if authorized to do so by the president of the\\ncommunity college. The geographical area of employment of a peace\\nofficer so designated is the campus and other property of the community\\ncollege at which the peace officer serves, including that portion of a\\npublic highway which crosses or abuts such property, and residential or\\nother facilities owned, operated, or maintained by a not-for-profit\\nentity associated with the community college for which such college\\nprovides security.\\n (b) The appointment of security officers at a community college shall\\nbe governed by and conform with civil service laws, rules and\\nregulations, if applicable to the community college and its employees.\\nThe designation of a security officer as a peace officer shall be based\\non qualifications established by the community college board of\\ntrustees, and in accordance with seniority. For purposes of this\\nsubdivision, \"seniority\" means total employment service with the\\ncommunity college making such designation.\\n (c) A security officer who has been designated a peace officer may\\nhave such designation suspended or removed pursuant to procedures\\nestablished by the community college or in compliance with any local\\ncollective bargaining agreement, if applicable to the community college\\nand its employees.\\n (d) The designation of peace officers pursuant to this subdivision\\nshall not be deemed to supersede in any way the authority of other peace\\nofficers and police officers.\\n (e) Nothing contained in this section shall be construed to: (i) alter\\nany existing collective bargaining agreement; (ii) diminish the rights\\nof employees pursuant to an existing collective bargaining agreement;\\n(iii) affect existing law with respect to an application to the public\\nemployment relations board seeking designation by the board that certain\\npersons are managerial or confidential; or (iv) alter or restrict the\\npower of a county or community college sponsor or employee organization\\nto negotiate with respect to an alternate method of appointment or\\npromotion of security officers.\\n 5. Two or more eligible counties appointing members to a community\\ncollege regional board of trustees shall divide the local share of the\\ncapital costs of a community college sponsored by such community college\\nregion according to the respective equalized assessed valuations of such\\ncounties or such other factors as may be prescribed by the state\\nuniversity trustees. The local share of the operating expenses of a\\ncommunity college sponsored by a community college region shall be\\napportioned among those counties appointing members to the community\\ncollege regional board of trustees on the basis of operating shares.\\nSuch operating shares shall be allocated in proportion to the number of\\nstudents attending the community college who are residents of the\\nrespective counties participating on the community college regional\\nboard, calculated on the basis of full-time equivalent students, in the\\nsame manner as the allocable portion of the local sponsor's share of\\noperating costs pursuant to section sixty-three hundred five of this\\nchapter, and such other factors as may be prescribed by the state\\nuniversity trustees. Any community college sponsored by a community\\ncollege region may, under the provisions of section six thousand three\\nhundred five of this chapter, elect to charge an allocable portion of\\nthe operating costs incurred by the regional sponsor, and a further sum\\non account of the regional sponsor's share of capital costs, to the\\ncounties of residence of students attending such college who are\\nnon-residents of the community college region.\\n 6. The final budget of the community college region as adopted by the\\nregional board of trustees and approved by the state university trustees\\nshall be a charge against all of the counties appointing members to such\\nboard. The regional board of trustees, after approval of its budget,\\nshall certify to the legislative body or board of all counties\\nappointing members to such regional board the respective proportionate\\nshare of the capital and operating costs required to be raised by each\\ncounty. The counties shall add such costs, as certified, to their own\\nbudgets and provide such certified costs by appropriations from general\\nrevenues or from funds derived from special tax levies earmarked in part\\nor whole for such purposes, by the use of gifts of money or, with the\\nconsent of the state university trustees, by the use of property, gifts\\nof property or by the furnishing of services. Where a county provides\\nall or a portion of its share of capital or operating costs in real or\\npersonal property or in services, the valuation of such property and\\nservices for the purpose of determining the amount of state aid shall be\\nmade by the state university trustees with the approval of the director\\nof the budget. Such funds shall be turned over to the treasurer of the\\ncommunity college sponsored by the community college region within the\\nfiscal year of such region. Notwithstanding any other provision of this\\nsubdivision, all counties appointing members to a community college\\nregional board of trustees may require that any budget proposed by such\\nregional board, which would result in an increase in the level of\\ncontributions to college revenues by such counties over the level of\\ncontributions required for the previous college fiscal year, shall be\\napproved by the legislative body or board of all such counties.\\n 7. Notwithstanding the provisions of any general, special or local law\\nto the contrary, the fiscal year of a community college sponsored by a\\ncommunity college region shall begin with the first day of September and\\nend with the thirty-first day of August in each year. All of the\\nprovisions of law fixing times or dates within which or by which certain\\nacts shall be performed in relation to the preparation and adoption of\\nthe budget of a county, including but not limited to submission of a\\nbudget estimate, filing of a tentative budget, public hearing and\\nadoption of a budget, shall apply to the budget of a community\\ncollege-sponsored by a community college region but shall be\\ncorrespondingly changed, as to time, to relate to the commencement of\\nthe fiscal year of the community college region; provided, however, that\\nafter the budget for the community college region shall have been\\nadopted, the counties appointing members to a community college regional\\nboard of trustees shall provide for the raising of taxes required by\\nsuch budget, without any decrease in amount, in the same manner and at\\nthe same time prescribed by law for the annual levy of taxes by or for\\nthe county.\\n 8. Moneys raised by taxation for maintenance of a community college\\nregion and moneys received from all other sources for purposes of the\\ncommunity college region shall be kept separate and distinct from any\\nother moneys of the counties appointing members to the community college\\nregional board of trustees and shall not be used for any other purpose.\\nThe amount of taxes levied for maintenance of a community college region\\nshall be credited thereto and made available therefor within the fiscal\\nyear of such community college region.\\n 9. The community college regional board of trustees shall direct that\\npayment of amounts for maintenance of the college be made in whole or in\\npart to the treasurer of the community college sponsored by such region\\nfor expenditure by such officer, subject to such regulations regarding\\nthe custody, deposit, audit and payment thereof as such board of\\ntrustees may deem proper.\\n The board of trustees may authorize the treasurer of the college to\\nestablish a bank account or accounts in the name of the college and\\ndeposit therein moneys received or collected by the college, including\\nmoneys appropriated and paid by the counties appointing members to the\\ncommunity college regional board of trustees, moneys received from\\ntuition, fees, charges, sales of products and services, and from all\\nother sources. The board of trustees may authorize the treasurer to pay\\nall proper bills and accounts of the college, including salaries and\\nwages, from funds in its custody. The treasurer shall execute a bond or\\nofficial undertaking to the community college regional board of trustees\\nin such sum and with such sureties as that board shall require, the\\nexpense of which shall be a college charge.\\n The community college regional board of trustees similarly may\\nauthorize the treasurer to establish and maintain petty cash funds, not\\nin excess of two hundred dollars each, for specified college purposes or\\nundertakings, from which may be paid, in advance of audit, properly\\nitemized and verified or certified bills for materials, supplies or\\nservices furnished to the college for the conduct of its affairs and\\nupon terms calling for the payment of cash to the vendor upon the\\ndelivery of any such materials or supplies or the rendering of any such\\nservices. Lists of all expenditures made from such petty cash funds\\nshall be presented to the board of trustees at each regular meeting\\nthereof, together with the bills supporting such expenditures, for audit\\nand the board shall direct reimbursement of such petty cash funds from\\nthe appropriate budgetary item or items in an amount equal to the total\\nof such bills which it shall so audit and allow. Any of such bills or\\nany portion of any of such bills as shall be disallowed upon audit shall\\nbe the personal responsibility of the treasurer and such official shall\\nforthwith reimburse such petty cash fund in the amount of such\\ndisallowances. The community college regional board of trustees shall\\nprovide for periodic audits of all accounts maintained at its direction\\nand render such reports respecting any and all receipts and expenditures\\nof the college as the local legislative body or board, or other\\nappropriate governing agency, may direct.\\n 10. All proposals for the acquisition or construction, including new\\nconstruction, additions or reconstruction of college facilities adopted\\nby a community college regional board of trustees shall be approved by\\nthe legislative body or board of all counties appointing members to such\\nboard of trustees, and the state university trustees. Upon such\\napprovals, each participating county may finance its proportionate share\\nof the cost of acquisition of such facilities either from any current\\nfunds legally available therefor, or by the issuance of obligations\\npursuant to the local finance law. All counties participating in such\\nregional board of trustees may together issue joint obligations pledging\\nthe full faith and credit for all participating counties jointly and\\nthat each such county shall pay a specified share of annual debt service\\non such joint obligations in accordance with the provisions of article\\nfive-g of the general municipal law and applicable provisions of the\\nlocal finance law.\\n 10-a. Notwithstanding the provisions of subdivision ten of this\\nsection, upon receipt of the approvals set forth in such subdivision,\\nthe board of trustees of the community college region may finance a duly\\nauthorized specific object or purpose or class of objects or purposes by\\nthe issuance of bonds, notes or other evidence of indebtedness or\\npursuant to a financing transaction of the community college region with\\nthe dormitory authority in accordance with the provisions of article\\neight of title four of the public authorities law.\\n 11. The community college regional board of trustees, for the purpose\\nof administering the state civil service law, shall be deemed to be a\\nmunicipal employer. No civil service rights of an employee of any\\ncommunity college or local sponsor shall be lost, impaired or affected\\nby reason of the enactment of this section and related amendments of\\nthis article into law.\\n 12. For the purposes of article fourteen of the civil service law, the\\ncommunity college regional board of trustees shall be deemed to be the\\npublic employer and as such shall negotiate with and enter into written\\nagreements with employee organizations representing the instructional\\nstaff and non-instructional staff of the community colleges that have\\nbeen certified or recognized under such article. For purposes of such\\narticle, the president of the community college shall be deemed to be\\nthe chief executive officer, the chief legal officer of the community\\ncollege shall be chief legal officer, and the community college regional\\nboard of trustees shall be deemed to be the legislative body of the\\ngovernment. The state public employment relations board shall have\\nexclusive jurisdiction for the purpose of administering the provisions\\nof such article.\\n 13. For the purpose of this section, all references in this section to\\na \"county\" or \"counties\" shall be deemed to include a city or cities, or\\na school district or school districts, as the case may be.\\n 14. a. The following terms, when used or referred to in this\\nsubdivision, shall have the following meaning:\\n (i) \"Credit card\" means any credit card, credit plate, charge card,\\ncharge plate, courtesy card, debit card, other identification card,\\nvalue transfer device as defined by the state comptroller or device\\nissued by a person to another person which may be used to obtain a cash\\nadvance or a loan or credit, or to purchase or lease property or\\nservices on the credit of the person issuing the credit card or a person\\nwho has agreed with the issuer to pay obligations arising from the use\\nof a credit card issued to another person.\\n (ii) \"Card issuer\" means an issuer of a credit card, charge card or\\nother value transfer device.\\n (iii) \"Financing agency\" means any agency defined as such in\\nsubdivision eighteen of section four hundred one of the personal\\nproperty law.\\n (iv) \"Person\" means an individual, partnership, corporation or any\\nother legal or commercial entity.\\n b. The community college regional board of trustees of any community\\ncollege may determine, by resolution, that it is in the public interest\\nto authorize such community college to enter into agreements with one or\\nmore financing agencies or card issuers to provide for the acceptance,\\nby such officers of the community college as may be designated pursuant\\nto this subdivision, of credit cards as a means of payment of tuition,\\nexpenses, fees, charges, revenue, financial obligations or other amounts\\nowed by students to the community college. Any such agreement shall\\ngovern the terms and conditions upon which a credit card proffered as a\\nmeans of payment of tuition, expenses, fees, charges, revenue, financial\\nobligations or other amounts shall be accepted or declined and the\\nmanner in and conditions upon which the financing agency or card issuer\\nshall pay to such community college the amount of tuition, expenses,\\nfees, charges, revenue, financial obligations or other amounts paid by\\nmeans of a credit card pursuant to such agreement. Any such agreement\\nmay provide for the payment by such community college to such financing\\nagency or card issuer of fees for the services provided by such\\nfinancing agency or card issuer pursuant to such agreement, which fees\\nmay consist of a discount deducted from or payable in respect of the\\namount of each such tuition, expenses, fee, charge, revenue, financial\\nobligation or other amount. If fees are paid by such a discount, they\\nshall be post-audited by the officer or board of the community college\\nresponsible for auditing claims against the community college.\\n c. Any community college which has entered into an agreement with a\\nfinancing agency or card issuer as authorized by this subdivision may\\naccept credit cards as a means of payment of tuition, expenses, fees,\\ncharges, revenue, financial obligations or other amounts, as provided in\\nsuch agreement and may pay such fees as are specified in such agreement\\nto such financing agency or card issuer in consideration of the services\\nrendered by such financing agency or card issuer thereunder.\\nNotwithstanding any other provision of law to the contrary, it shall be\\nthe option of the community college regional board of trustees of the\\ncommunity college to require, as a condition of accepting payment by\\ncredit card, that such person offering payment by credit or charge card\\npay a service fee to the community college not exceeding costs incurred\\nby the community college in connection with the credit or charge card\\npayment transaction, including any fee owed by the community college to\\nthe financing agency or card issuer arising from that transaction.\\n d. Contracts entered into pursuant to this subdivision between a\\ncommunity college and financing agencies or card issuers shall be\\nawarded in accordance with the community college's written internal\\npolicies and procedures governing procurements.\\n e. The underlying debt, lien, obligation, bill, account or other\\namount owed by the student to the community college for which payment by\\ncredit card is accepted by the community college shall not be expunged,\\ncancelled, released, discharged or satisfied, and any receipt or other\\nevidence of payment shall be deemed conditional, until the community\\ncollege has received final and unconditional payment of the full amount\\ndue from the financing agency or card issuer for such credit card\\ntransaction.\\n f. The community college regional board of trustees, in enacting a\\nresolution pursuant to this subdivision, shall designate which of its\\nofficers, charged with the duty of collecting or receiving moneys on\\nbehalf of the community college, shall be authorized to accept credit\\ncards as a means of payment of tuition, expenses, fees, charges,\\nrevenue, financial obligations and other amounts.\\n g. Under circumstances where community colleges are otherwise\\nauthorized by law to contract for the collection of tuition, expenses,\\nfees, charges, revenue, financial obligations or other amounts, such\\ncontract shall provide that the contractor accept credit cards as a\\nmechanism for payment.\\n 15. a. Notwithstanding any other law to the contrary, whenever an\\nofficer of a community college is authorized pursuant to law to disburse\\nor transfer on behalf of the community college funds in the custody of\\nthe officer, that officer shall be authorized to disburse or transfer\\nsuch funds by means of electronic or wire transfer. Such disbursements\\nshall be otherwise subject to applicable laws, provided that:\\n (i) the community college regional board of trustees of the community\\ncollege has entered into a written agreement with the bank or trust\\ncompany in which such funds have been deposited, prescribing the manner\\nin which electronic or wire transfer of such funds shall be\\naccomplished, identifying by number and name those accounts from which\\nelectronic or wire transfers may be made, identifying which officer or\\nofficers are authorized to order the electronic or wire transfer of\\nfunds from those accounts, and implementing a security procedure as\\ndefined in section 4-A-201 of the uniform commercial code; and\\n (ii) the bank or trust company processing the transfer shall provide\\nto the officer ordering the electronic or wire transfer of funds written\\nconfirmation of each such transaction no later than the business day\\nfollowing the day on which the funds are transmitted.\\n b. It shall be the duty of the community college regional board of\\ntrustees of the community college to adopt a system of internal controls\\nfor the documentation and reporting of all transfers or disbursements of\\nfunds accomplished by electronic or wire transfer.\\n 16. a. The community college regional board of trustees of any\\ncommunity college, may determine, by resolution, that it is in the\\npublic interest and authorize such community college to provide for the\\nacceptance of tuition, expenses, fees, charges, revenue, financial\\nobligations or other amounts via a community college internet website.\\nHowever, submission via the internet may not be required as the sole\\nmethod for the collection of tuition, expenses, fees, charges and other\\namounts. Such payments shall be accepted via the internet in a manner\\nand condition defined by such community college. Any method used to\\nreceive internet payments shall comply with article one of the state\\ntechnology law and any rules and regulations promulgated and guidelines\\ndeveloped thereunder and, at a minimum must:\\n (i) authenticate the identity of the sender; and\\n (ii) ensure the security of the information transmitted.\\n b. Payments received via the internet shall be considered received by\\nthe appropriate officer and paid by the payor at the time the internet\\ntransaction is completed and sent by the payor.\\n c. The underlying debt, lien, obligation, bill, account or other\\namount owed by the student to the community college for which payment by\\ninternet is accepted by the community college shall not be expunged,\\ncancelled, released, discharged or satisfied, and any receipt or other\\nevidence of payment shall be deemed conditional, until the community\\ncollege has received final and unconditional payment of the full amount\\ndue.\\n d. The community college regional board of trustees, in enacting a\\nresolution pursuant to this subdivision, shall designate which of its\\nofficers, charged with the duty of collecting or receiving moneys on\\nbehalf of the community college, shall be authorized to accept such\\npayments via the internet.\\n 17. Notwithstanding any provision of this chapter to the contrary, a\\ncommunity college regional board of trustees of a community college\\nregion shall be the local sponsor of such community college for the\\npurposes of entering into agreements with the dormitory authority of the\\nstate of New York on behalf of the community college pursuant to\\nsubdivisions nine, ten, eleven, twelve, thirteen, fourteen and sixteen\\nof section sixteen hundred eighty of the public authorities law and\\nshall have full authority to perform, on behalf of such community\\ncollege, all obligations of the college under its agreements with the\\ndormitory authority.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A127", "title" : "Military Service", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "127", "activeDate" : "2014-09-22", "sequenceNo" : 1508, "repealedDate" : null, "fromSection" : "6350", "toSection" : "6354", "text" : " ARTICLE 127\\n MILITARY SERVICE\\nSection 6350. Leave of absence for military service.\\n 6351. Preservation of educational status and financial\\n resources.\\n 6352. Option of refund or credit.\\n 6353. Enforcement.\\n 6354. Applicability.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6350", "title" : "Leave of absence for military service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6350", "activeDate" : "2014-09-22", "sequenceNo" : 1509, "repealedDate" : null, "fromSection" : "6350", "toSection" : "6350", "text" : " § 6350. Leave of absence for military service. Whenever a student who\\nis: (a) a member of the national guard or other reserve component of the\\narmed forces of the United States and is called or ordered to active\\nduty, as defined in 10 USC § 101(d)(1), or (b) a member of the state\\norganized militia, and is called or ordered to active duty for the\\nstate, as defined in subdivision one of section six of the military law,\\nthe institution of higher education in which the student is enrolled\\nshall grant the student a military leave of absence from the institution\\nwhile such student is serving on active duty, and for one year after the\\nconclusion of such service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6351", "title" : "Preservation of educational status and financial resources", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6351", "activeDate" : "2014-09-22", "sequenceNo" : 1510, "repealedDate" : null, "fromSection" : "6351", "toSection" : "6351", "text" : " § 6351. Preservation of educational status and financial resources. A\\nstudent on a military leave of absence from an institution of higher\\neducation shall be entitled, upon release from serving on active duty,\\nto be restored to the educational status such student had attained prior\\nto being called or ordered to such duty without loss of academic credits\\nearned, scholarships or grants awarded, or tuition and other fees paid\\nprior to the commencement of his or her active duty.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6352", "title" : "Option of refund or credit", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6352", "activeDate" : "2014-09-22", "sequenceNo" : 1511, "repealedDate" : null, "fromSection" : "6352", "toSection" : "6352", "text" : " § 6352. Option of refund or credit. An institution of higher education\\nshall refund tuition or fees paid or credit the tuition and fees to the\\nnext period of enrollment after the student returns from a military\\nleave of absence, at the option of the student.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6353", "title" : "Enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6353", "activeDate" : "2014-09-22", "sequenceNo" : 1512, "repealedDate" : null, "fromSection" : "6353", "toSection" : "6353", "text" : " § 6353. Enforcement. Any violation of this article shall constitute an\\nunfair educational practice pursuant to section three hundred thirteen\\nof this chapter. Any student alleging a violation of this article may\\ncommence an administrative or judicial proceeding pursuant to section\\nthree hundred thirteen of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6354", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6354", "activeDate" : "2014-09-22", "sequenceNo" : 1513, "repealedDate" : null, "fromSection" : "6354", "toSection" : "6354", "text" : " § 6354. Applicability. This article shall apply to all institutions of\\nhigher education and any business or trade school in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A129", "title" : "State Aid For Certain Independent Institutions of Higher Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "129", "activeDate" : "2014-09-22", "sequenceNo" : 1514, "repealedDate" : null, "fromSection" : "6401", "toSection" : "6405", "text" : " ARTICLE 129\\n STATE AID FOR CERTAIN INDEPENDENT INSTITUTIONS\\n OF HIGHER EDUCATION\\nSection 6401. State aid for certain independent institutions of higher\\n learning.\\n 6401-a. State aid for high needs nursing programs for certain\\n independent institutions of higher learning.\\n 6402. Enrollment grants to schools of medicine and dentistry.\\n 6403. Adjustments to enrollment grants.\\n 6404. Purchases by certain independent institutions.\\n 6405. State reimbursement to certain independent institutions\\n of higher education which participate in the federal\\n work study program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6401", "title" : "State aid for certain independent institutions of higher learning", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2024-04-26", "2024-05-31", "2024-07-12" ], "docLevelId" : "6401", "activeDate" : "2014-09-22", "sequenceNo" : 1515, "repealedDate" : null, "fromSection" : "6401", "toSection" : "6401", "text" : " § 6401. State aid for certain independent institutions of higher\\nlearning. 1. Notwithstanding the provisions of any general, special or\\nlocal law to the contrary, the commissioner is hereby authorized to\\napportion for each annual period commencing July first nineteen hundred\\nseventy-six and to pay to any independent institution of higher\\neducation within the state which meets the requirements of subdivision\\ntwo of this section, upon application by such institution, such amounts\\nof state aid as are authorized to be paid by subdivision three of this\\nsection.\\n 2. (a) Notwithstanding the provisions of any other law, in order to\\nqualify for state aid apportionments pursuant to this section, any\\ninstitution of higher education must meet either the requirements set\\nforth in subparagraphs (i) through (v) of this paragraph or, in the\\nalternative, the requirements set forth in paragraph (b) of this\\nsubdivision:\\n (i) The institution must be a non-profit college or university\\nincorporated by the regents or by the legislature, or a school of\\nmedicine, dentistry or osteopathy authorized by the regents to confer\\nthe degree of doctor of medicine, doctor of medical science, doctor of\\ndental surgery or doctor of osteopathy.\\n (ii) The institution must maintain one or more earned degree programs,\\nculminating in an associate or higher degree.\\n (iii) The institution must meet such standards of educational quality\\napplicable to comparable public institutions of higher education, as may\\nbe from time to time established by the regents.\\n (iv) The institution must be eligible for state aid under the\\nprovisions of the constitution of the United States and the constitution\\nof the state of New York.\\n (v) The institution must submit a financial statement which shall\\ninclude total assets and liabilities, in such form as may be approved by\\nthe commissioner.\\n (b) An institution of higher education located in this state, at least\\none-half of the students of which are economically disadvantaged, and\\nthe course credits and degrees of which are offered by a consortium of\\nsponsoring colleges, each of which sponsoring colleges satisfies the\\nfollowing requirements, shall qualify for state aid apportionments\\npursuant to this section:\\n (i) The sponsoring college must be non-profit college or university\\nincorporated by the regents or by the legislature.\\n (ii) The sponsoring college must maintain one or more earned degree\\nprograms, culminating in an associate or higher degree.\\n (iii) The sponsoring college must meet such standards of educational\\nquality applicable to comparable public institutions of higher\\neducation, as may be from time to time established by the regents.\\n (iv) The sponsoring college must be eligible for state aid under the\\nprovisions of the constitution of the United States and the constitution\\nof the state of New York.\\n (v) The sponsoring college must submit a financial statement which\\nshall include total assets and liabilities, in such form as may be\\napproved by the commissioner.\\n 3. Degree awards. The amount of such annual apportionment to each\\ninstitution meeting the requirements of subdivision two of this section\\nshall be computed by multiplying by not to exceed six hundred dollars\\nthe number of earned associate degrees, by not to exceed one thousand\\nfive hundred dollars the number of earned bachelor's degrees, by not to\\nexceed nine hundred fifty dollars the number of earned master's degrees,\\nand by not to exceed four thousand five hundred fifty dollars the number\\nof earned doctorate degrees, conferred by such institution during the\\ntwelve-month period next preceding the annual period for which such\\napportionment is made, provided that there shall be excluded from any\\nsuch computation the number of degrees earned by students with respect\\nto whom state aid other than that established by this section or section\\nsixty-four hundred one-a of this article is granted directly to the\\ninstitution, and provided further that, except as otherwise provided in\\nthis subdivision, the amount apportioned for an associate degree shall\\nbe awarded only to two year institutions qualifying under subdivision\\ntwo of this section. The regents shall promulgate rules defining and\\nclassifying professional degrees for the purposes of this section.\\nInstitutions qualifying for state aid pursuant to the provisions of\\nparagraph (b) of subdivision two of this section shall, for purposes of\\nthis subdivision, be deemed to be the institutions which confer degrees.\\nFor purposes of this subdivision, a two-year institution which has\\nreceived authority to confer bachelor degrees shall continue to be\\nconsidered a two-year institution until such time as it has actually\\nbegun to confer the bachelor's degree. Thereafter, notwithstanding any\\nother provision of law to the contrary, an institution which was\\nformerly a two-year institution for the purposes of this section and\\nwhich was granted authority by the regents to confer bachelor degrees,\\n(a) such authority having been granted after the first day of June,\\nnineteen hundred ninety-three, but before the first day of July,\\nnineteen hundred ninety-three, or (b) such authority having been granted\\nafter the first day of May, two thousand five, but before the first day\\nof June, two thousand five, or (c) such authority having been granted\\nafter the first day of December, two thousand nine, but before the first\\nday of January, two thousand ten, may elect to continue to receive\\nawards for earned associate degrees. Should such institution so elect,\\nit shall not be eligible during the time of such election to receive\\nawards for earned bachelor's degrees.\\n 4. Thirty-five percent of each such annual apportionment payable\\npursuant to this section shall be paid on or before October fifteenth,\\nthirty-five percent shall be paid on or before February fifteenth, and\\nthe remaining thirty percent shall be paid on or before May fifteenth.\\n 5. The commissioner shall promulgate regulations requiring the\\nsubmission to him, by any institution intending to apply for state aid\\napportionments pursuant to this section, of reports in such form, at\\nsuch times and containing such information as he shall by such\\nregulations require, concerning, but not limited to such matters as the\\npresent and contemplated future programs, curricula and facilities of\\nthe institution, and its financial affairs, its long range plans and its\\nprogress in implementing such plans, and its administrative practices\\nand procedures. No institution shall be eligible to receive any\\napportionment of state aid, or portion thereof, payable pursuant to this\\nsection unless such institution shall have submitted all reports\\nrequired pursuant to such regulations, in form satisfactory to the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6401-A", "title" : "State aid for high needs nursing programs for certain independent institutions of higher learning", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6401-A", "activeDate" : "2014-09-22", "sequenceNo" : 1516, "repealedDate" : null, "fromSection" : "6401-A", "toSection" : "6401-A", "text" : " § 6401-a. State aid for high needs nursing programs for certain\\nindependent institutions of higher learning. 1. Notwithstanding the\\nprovisions of any general, special or local law to the contrary, the\\ncommissioner is hereby authorized to grant state aid for high needs\\nnursing programs to any independent institution of higher education\\nwithin the state which meets the requirements of subdivision two of this\\nsection, upon application by such institution, such amounts of state aid\\nas are authorized to be paid by subdivision three of this section.\\n 2. Notwithstanding the provisions of any other law, in order to\\nqualify for state aid grants pursuant to this section, any independent\\ninstitution of higher education must meet the requirements set forth in\\nparagraphs (a) through (d) of this subdivision.\\n (a) The institution must be a non-profit college or university\\nincorporated by the regents or by the legislature.\\n (b) The institution must maintain an earned degree program in nursing,\\nculminating in an associate or higher degree in nursing.\\n (c) The institution must meet such standards of educational quality\\napplicable to comparable public institutions of higher education, as may\\nbe from time to time established by the regents.\\n (d) The institution must be eligible for state aid under the\\nprovisions of the constitution of the United States and the constitution\\nof the state of New York.\\n 3. The commissioner shall grant such state aid awards within the\\namounts appropriated for such purpose, not to exceed one million dollars\\nand based on availability of funds, according to a schedule to be\\ndetermined by the commissioner, to each institution meeting the\\nrequirements of subdivision two of this section. Awards shall be\\ndistributed in the following amounts:\\n (a) Two hundred fifty dollars per student enrolled in an earned degree\\nprogram in nursing at a two year degree granting institution;\\n (b) Five hundred dollars per student enrolled in an earned degree\\nprogram in nursing at a four year degree granting institution.\\n 4. The commissioner shall promulgate all rules and regulations\\nnecessary for the implementation of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6402", "title" : "Enrollment grants to schools of medicine and dentistry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6402", "activeDate" : "2014-09-22", "sequenceNo" : 1517, "repealedDate" : null, "fromSection" : "6402", "toSection" : "6402", "text" : " § 6402. Enrollment grants to schools of medicine and dentistry. 1.\\nThe commissioner shall apportion each year to each non-public\\ninstitution of higher education offering an approved program in medicine\\na sum to be determined as follows:\\n (a) Two thousand one hundred fifty dollars shall be apportioned for\\neach full-time student enrolled.\\n (b) An additional three thousand five hundred dollars shall be\\napportioned for each full-time upper division student enrolled who is a\\nresident of the state and who:\\n (i) participates in the coordinated transfer program of the\\nassociation of American medical colleges; or\\n (ii) participates in the fifth pathway program; or\\n (iii) participated in and successfully completed in good standing the\\nbiomedical education program of the city college of the city university\\nof New York.\\n 2. The commissioner shall apportion each year to each non-public\\ninstitution of higher education offering an approved program in\\ndentistry the sum of fifty-eight hundred dollars for each full-time\\nstudent enrolled, except that aid distributed under this program shall\\nnot exceed a sum based upon a total enrollment of eight hundred\\nthirty-five students at New York University and two hundred forty\\nstudents at Columbia University.\\n 3. Receipt of aid for eligible students pursuant to paragraph (b) of\\nsubdivision one of this section shall preclude an institution from\\nreceiving state aid for the same students under the provisions of\\nsection sixty-four hundred one of this article.\\n 4. (a) To be eligible for assistance under this section an institution\\nmust meet such standards of educational quality applicable to comparable\\npublic institutions of higher education, as may be from time to time\\nestablished by the regents.\\n (b) In addition, to be eligible for assistance under subdivision two\\nof this section an institution must annually submit to the commissioner\\na complete and detailed report as to each major item of educational and\\nother revenue and expenditure contained in the budget for such approved\\nprogram of dentistry, for both the preceding and the current academic\\nyears for which aid pursuant to this section has or will be received.\\nSuch report shall also include enrollment and faculty data, and shall be\\nin such form as the commissioner, with the approval of the director of\\nthe budget, may prescribe.\\n The commissioner, upon review of the data contained in such report,\\nshall be authorized to require such institutions to file an application\\nwith the appropriate agency of the federal government for a Financial\\nDistress Grant pursuant to Title VIII of the Health Professions\\nEducational Assistance Act of 1976, as a condition of further receipt of\\nassistance under subdivision two of this section.\\n 5. The commissioner of education may promulgate rules and regulations\\nto accomplish the purposes of this section.\\n 6. Funds appropriated for the purposes of this section shall be paid\\nin accordance with a payment schedule to be established by the\\ncommissioner and approved by the director of the budget.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6403", "title" : "Adjustments to enrollment grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6403", "activeDate" : "2014-09-22", "sequenceNo" : 1518, "repealedDate" : null, "fromSection" : "6403", "toSection" : "6403", "text" : " § 6403. Adjustments to enrollment grants. 1. The grants provided\\npursuant to paragraph (a) of subdivision one and subdivision two of\\nsection sixty-four hundred two of this chapter shall be reduced by one\\nhundred per centum of the grant otherwise allocable to each first year\\nexcess non resident student in those institutions enrolling more than\\nthirty per centum of nonresident students in its first year class during\\nthe nineteen hundred seventy-nine--nineteen hundred eighty academic year\\nor thereafter.\\n 2. For purposes of this section, \"nonresident student\" shall mean any\\nentering student who does not qualify as a resident under the provisions\\nof paragraph b of subdivision five of section six hundred sixty-one of\\nthis chapter.\\n 3. For purposes of this section \"excess nonresident student\" shall\\nmean any nonresident student enrolled in an entering first year class\\nafter the per centum of total nonresident students in such class exceeds\\nthirty per centum with respect to subdivision one of this section.\\n 4. A reduction in grants pursuant to this section shall remain in\\neffect with respect to each affected class until the graduation of such\\nclass.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6404", "title" : "Purchases by certain independent institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6404", "activeDate" : "2014-09-22", "sequenceNo" : 1519, "repealedDate" : null, "fromSection" : "6404", "toSection" : "6404", "text" : " § 6404. Purchases by certain independent institutions. Any\\npostsecondary institution chartered under the powers of the regents\\npursuant to section two hundred sixteen of this chapter or incorporated\\nunder a special act of the legislature may make purchases of commodities\\nand services pursuant to the terms of contracts let by the office of\\ngeneral services subject to such rules as may be established from time\\nto time pursuant to section one hundred sixty-three of the state finance\\nlaw which may establish limitations with respect to commodities and\\nservices and impose such other appropriate conditions upon purchasing as\\ndeemed necessary by the commissioner of general services in order to\\nprotect the state's own purchasing interests; provided that each such\\npurchase shall have a cost of five hundred dollars or more and that said\\ninstitution shall accept sole responsibility for any payment of such\\ncost due the vendor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6405", "title" : "State reimbursement to certain independent institutions of higher education which participate in the federal work study program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6405", "activeDate" : "2014-09-22", "sequenceNo" : 1520, "repealedDate" : null, "fromSection" : "6405", "toSection" : "6405", "text" : " § 6405. State reimbursement to certain independent institutions of\\nhigher education which participate in the federal work study program. 1.\\nFor purposes of this section, the following terms shall be defined as\\nfollows:\\n a. \"Institutional award year\" shall mean the period from the first day\\nof July until the thirtieth day of June of the following year, next\\npreceding the state fiscal year in which state aid is to be paid.\\n b. \"Eligible expenditures\" shall mean the total expenditures made by\\nan institution from federal college work study funds received by the\\ninstitution for the employment of students by such institution.\\n 2. The commissioner is hereby authorized to pay any independent,\\nnon-profit institution of higher education incorporated by the regents\\nor the legislature, which maintains one or more earned degree programs,\\nother than seminarian or theological programs, and which participates in\\nthe college work study program in accordance with the provisions of Part\\nC of Title IV of the Higher Education Act of 1965 as amended, upon\\napplication by such institution, twenty-five percentum of the eligible\\nexpenditures of the institution for the purpose of reimbursing the\\ninstitution for its expenditure of funds in such work study program.\\nSuch payments shall commence in the state fiscal year beginning April\\nfirst, nineteen hundred eighty-one for expenditures made during the\\ninstitutional award year commencing on July first, nineteen hundred\\neighty.\\n 3. Payments shall be made in accordance with a schedule to be\\ndetermined by the commissioner, and upon application by the institution\\nin such form and at such times as are determined by the commissioner.\\nThe commissioner is authorized to promulgate such regulations as are\\nneeded to accomplish the purposes of this section.\\n 4. Any institution receiving payment pursuant to this section shall\\nnot use such funds for any purpose other than a college work study\\nprogram, and shall indicate separately the total of all funds expended\\nfor the college work study program and the amount of reimbursement\\nclaimed by the institution, on such form as the commissioner shall\\ndesignate.\\n 5. Any institution receiving funds under this section shall match such\\npayments dollar for dollar with additional financial aid to needy\\nstudents who are determined to be in need according to standards\\napproved by the commissioner and shall indicate the total of all\\nfinancial aid provided for all students during academic year nineteen\\nhundred eighty--nineteen hundred eighty-one and thereafter on such form\\nas the commissioner shall designate.\\n 6. Payments to institutions of higher education pursuant to\\nsubdivision two of this section shall not exceed:\\n a. For payments to be made during the state fiscal year commencing\\nApril first, nineteen hundred eighty-one, one-third of twenty-five\\npercent of the eligible expenditures of an institution.\\n b. For payments to be made during the state fiscal year commencing\\nApril first, nineteen hundred eighty-two, two-thirds of twenty-five\\npercent of the eligible expenditures of an institution.\\n c. For payments to be made during the state fiscal year commencing\\nApril first, nineteen hundred eighty-three, and in each state fiscal\\nyear thereafter, one hundred percent of twenty-five percent of the\\neligible expenditures of an institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A129-A", "title" : "Regulation By Colleges of Conduct On Campuses and Other College Property Used For Educational Purposes", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-12-26", "2022-11-04", "2022-11-25", "2023-05-05", "2023-07-07", "2023-07-14", "2025-08-29", "2025-12-12" ], "docLevelId" : "129-A", "activeDate" : "2014-09-22", "sequenceNo" : 1521, "repealedDate" : null, "fromSection" : "6430", "toSection" : "6438", "text" : " ARTICLE 129-A\\n REGULATION BY COLLEGES OF CONDUCT ON CAMPUSES AND OTHER\\n COLLEGE PROPERTY USED FOR EDUCATIONAL PURPOSES\\nSection 6430. General provisions.\\n 6431. Advisory committee on campus security.\\n 6432. Sexual assault, domestic violence and stalking prevention\\n information.\\n 6433. Campus crime reporting and statistics.\\n 6434. Investigation of violent felony offenses.\\n 6435. Appointment of private college security officers.\\n 6436. Bias related crime prevention information.\\n 6437. Prohibition on the marketing of credit cards.\\n 6438. Notification of fire safety standards and measures in all\\n college-owned or college-operated housing.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6430", "title" : "General provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6430", "activeDate" : "2014-09-22", "sequenceNo" : 1522, "repealedDate" : null, "fromSection" : "6430", "toSection" : "6430", "text" : " § 6430. General provisions. 1. The trustees or other governing board\\nof every college chartered by the regents or incorporated by special act\\nof the legislature and which maintains a campus, unless otherwise\\nprovided, shall adopt written rules for implementing all policies\\nrequired pursuant to this article and for the maintenance of public\\norder on college campuses and other college property used for\\neducational purposes and provide a program for the enforcement thereof.\\nSuch rules shall prohibit, among other things, any action or situation\\nwhich recklessly or intentionally endangers mental or physical health or\\ninvolves the forced consumption of liquor or drugs for the purpose of\\ninitiation into or affiliation with any organization. Such rules shall\\ngovern the conduct of students, faculty and other staff as well as\\nvisitors and other licensees and invitees on such campuses and property.\\nThe penalties for violations of such rules shall be clearly set forth\\ntherein and shall include provisions for the ejection of a violator from\\nsuch campus and property, in the case of a student or faculty violator\\nhis or her suspension, expulsion, or other appropriate disciplinary\\naction, and in the case of an organization which authorizes such\\nconduct, recision of permission for that organization to operate on\\ncampus property. Such penalties shall be in addition to any penalty\\npursuant to the penal law or any other law to which a violator or\\norganization may be subject.\\n 2. A copy of such rules shall be given to all students enrolled in\\nsaid college and shall be deemed to be part of the by-laws of all\\norganizations operating on said campus which shall review annually such\\nby-laws with individuals affiliated with such organizations.\\n 3. Each college shall annually file with the department on or before\\nthe first day of July a certificate of compliance with the provisions of\\nthis article.\\n 4. If a college fails to file a certificate of compliance pursuant to\\nsubdivision three of this section within sixty days of the time\\nrequired, such college shall not be eligible to receive any state aid or\\nassistance until such certificate of compliance is duly filed.\\n 5. Each college shall file a copy of all written rules adopted as\\nrequired in this article with the department on or before the first day\\nof July, two thousand four, and once every ten years thereafter.\\n 6. Nothing contained in this article shall:\\n a. be construed to limit or restrict the freedom of speech and\\npeaceful assembly; or\\n b. prevent or limit a college from setting forth additional standards\\nof conduct for students.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6431", "title" : "Advisory committee on campus security", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-07-14", "2023-07-21", "2023-10-13" ], "docLevelId" : "6431", "activeDate" : "2014-09-22", "sequenceNo" : 1523, "repealedDate" : null, "fromSection" : "6431", "toSection" : "6431", "text" : " § 6431. Advisory committee on campus security. 1. The president or\\nchief administrative officer of each college, except those independent\\ncolleges ineligible to receive state aid under section sixty-four\\nhundred one of this title, shall appoint an advisory committee on campus\\nsecurity.\\n 2. Such committee shall consist of a minimum of six members, at least\\nhalf of whom shall be female; one-third of the committee shall be\\nappointed from a list of students that contains at least twice the\\nnumber to be appointed which is provided by the largest student\\ngovernance organization on such campus, one-third thereof shall be\\nappointed from a list of faculty members that contains twice the number\\nto be appointed which is provided by the largest faculty organization on\\nsuch campus, and one-third of whom shall be selected by the president or\\nchief administrative officer.\\n 3. The committee shall review current campus security policies and\\nprocedures and make recommendations for their improvement. It shall\\nspecifically review current policies and procedures for:\\n a. educating the campus community, including security personnel and\\nthose persons who advise or supervise students, about sexual assault,\\ndomestic violence and stalking offenses pursuant to section sixty-four\\nhundred thirty-two of this article;\\n b. educating the campus community about personal safety and crime\\nprevention;\\n c. reporting sexual assaults, domestic violence and stalking incidents\\nand assisting victims during investigations;\\n d. referring complaints to appropriate authorities;\\n e. counseling victims; and\\n f. responding to inquiries from concerned persons.\\n 4. The committee shall report, in writing, to the college president or\\nchief administrative officer on its findings and recommendations at\\nleast once each academic year, and such report shall be available upon\\nrequest.\\n 5. Nothing in this section shall be construed to alter, amend, modify\\nor affect existing standards for civil liability.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6432", "title" : "Sexual assault, domestic violence and stalking prevention information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6432", "activeDate" : "2014-09-22", "sequenceNo" : 1524, "repealedDate" : null, "fromSection" : "6432", "toSection" : "6432", "text" : " § 6432. Sexual assault, domestic violence and stalking prevention\\ninformation. Each college shall inform incoming students about sexual\\nassault, domestic violence and stalking prevention measures through\\nprograms which may include workshops, seminars, discussion groups, and\\nfilm presentations, in order to disseminate information, promote\\ndiscussion, encourage reporting, and facilitate prevention of sexual\\nassault, domestic violence and stalking. Such information shall include,\\nbut not be limited to:\\n 1. the applicable laws, ordinances, and regulations relating to such\\noffenses;\\n 2. the penalties for the commission of a sex offense, a domestic\\nviolence incident and a stalking offense;\\n 3. the procedures in effect at the college for dealing with such\\noffenses;\\n 4. the availability of counseling and other support services for the\\nvictims of such offenses;\\n 5. the nature of and common circumstances relating to sex offenses,\\nincidents of domestic violence and stalking offenses on college\\ncampuses; and\\n 6. the methods the college employs to advise and to update students\\nabout security procedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6433", "title" : "Campus crime reporting and statistics", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-07-14", "2023-07-21", "2023-10-13" ], "docLevelId" : "6433", "activeDate" : "2014-09-22", "sequenceNo" : 1525, "repealedDate" : null, "fromSection" : "6433", "toSection" : "6433", "text" : " § 6433. Campus crime reporting and statistics. Each college that\\nreceives state aid shall indicate in their campus catalog, student\\nhandbook and viewbook how to access the campus crime statistics that are\\nfiled annually with the United States Department of Education as\\nrequired under Title 20 of the U.S. Code Section 1092(f). Every campus\\ncatalog, student handbook and viewbook shall state that \"The Advisory\\nCommittee on Campus Safety will provide upon request all campus crime\\nstatistics as reported to the United States Department of Education.\"\\n The information in the campus catalog, student handbook and viewbook\\nshall include the United States Department of Education's web site\\naddress for campus crime statistics and a campus phone number for a\\ndesignated college campus contact who is authorized to provide such\\nstatistics for that college. Whenever an individual requests such campus\\ncrime statistics, the college shall provide a hard copy mailed to the\\nindividual within ten days of the request and that information will\\ninclude all of the statistics that the campus is required to ascertain\\nunder Title 20 of the U.S. Code Section 1092(f).\\n The president or chief administrative officer of each college shall,\\nworking with the advisory committee on campus safety, take steps to\\ninform students and prospective students of the existence of the campus\\ncrime statistics on an annual basis and other campus safety policies and\\nprocedures of the school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6434", "title" : "Investigation of violent felony offenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-12-18", "2017-08-18", "2023-07-14", "2023-07-21", "2023-10-13" ], "docLevelId" : "6434", "activeDate" : "2014-09-22", "sequenceNo" : 1526, "repealedDate" : null, "fromSection" : "6434", "toSection" : "6434", "text" : " § 6434. Investigation of violent felony offenses. 1. Each college\\nshall adopt and implement a plan providing for the investigation of any\\nviolent felony offense occurring at or on the grounds of each such\\ninstitution, and providing for the investigation of a report of any\\nmissing student. Such plans shall provide for the coordination of the\\ninvestigation of such crimes and reports with local law enforcement\\nagencies. Such plans shall include, but not be limited to, written\\nagreements with appropriate local law enforcement agencies providing for\\nthe prompt investigation of such crimes and reports.\\n 2. As used in this section, the following terms shall have the\\nfollowing meanings:\\n a. \"Local law enforcement agencies\" means any agency or agencies\\nemploying peace officers or police officers for the enforcement of the\\nlaws of the state, and which has or have jurisdiction under provisions\\nof the criminal procedure law over offenses occurring at or on the\\ngrounds of any institution subject to the provisions of this section.\\n b. \"Missing student\" means any student of an institution subject to\\nthe provisions of this section, who resides in a facility owned or\\noperated by such institution and who is reported to such institution as\\nmissing from his or her residence.\\n c. \"Violent felony offense\" means a violent felony offense as defined\\nin subdivision one of section 70.02 of the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6435", "title" : "Appointment of private college security officers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6435", "activeDate" : "2014-09-22", "sequenceNo" : 1527, "repealedDate" : null, "fromSection" : "6435", "toSection" : "6435", "text" : " § 6435. Appointment of private college security officers. 1.\\nNotwithstanding any other provision of law to the contrary, the trustees\\nor other governing board of each independent non-profit college which\\nmaintains a campus or other property for educational purposes outside\\nthe limits of any city having a population of one million or more and is\\nchartered by the regents or incorporated by special act of the\\nlegislature may request that security guards employed by such college be\\nappointed as private college campus security officers by the sheriff of\\nthe county in which the college is located pursuant to section six\\nhundred sixty-two of the county law or by the chief law enforcement\\nofficer of a city where the college is located, pursuant to section two\\nhundred nine-aa of the general municipal law, as added by chapter six\\nhundred eleven of the laws of nineteen hundred ninety-five. Security\\nguards appointed as such campus security officers may exercise within\\ntheir geographic area of authority as defined hereinafter any or all of\\nthe following powers:\\n a. to make a warrantless arrest of a person (i) for any offense when\\nhe or she has reasonable cause to believe that such person has committed\\nsuch offense in his or her presence and (ii) for a crime when he or she\\nhas reasonable cause to believe that such person has committed such\\ncrime, whether in his or her presence or otherwise, and follow such\\nperson in continuous close pursuit into public places beyond the\\ngeographic area of authority to make such warrantless arrest; provided,\\nhowever, that such campus security officers shall comply with the\\npost-arrest procedures set forth in section 140.40 of the criminal\\nprocedure law and shall not interfere with an ongoing criminal\\ninvestigation conducted by any police officer;\\n b. to use physical force, other than deadly physical force, upon\\nanother person when and to the extent that he or she reasonably believes\\nsuch to be necessary to effect an arrest pursuant to paragraph a of this\\nsubdivision or to prevent the escape from custody of such person and use\\ndeadly physical force for such purpose when he or she reasonably\\nbelieves such to be necessary to defend himself or herself or a third\\nperson from what he or she reasonably believes to be the use or imminent\\nuse of deadly physical force;\\n c. to carry and utilize a police baton and noxious materials designed\\nand intended for prevention of crime and enforcement of law and order;\\nprovided, however, that no such campus security officer shall carry or\\nuse such police baton or noxious materials before receiving training in\\nthe use thereof. Training in the use of a baton shall include, but not\\nbe limited to, the defensive use of the baton and instruction in the\\nlegal use of physical force pursuant to article thirty-five of the penal\\nlaw;\\n d. to temporarily possess stolen property, weapons, appliances and\\nsubstances described in article two hundred sixty-five of the penal law\\nand article thirty-three of the public health law whenever appropriate\\nfor the prevention of crime, preservation of evidence and enforcement of\\nlaw and order, and as soon thereafter as practicable deliver such stolen\\nproperty, weapons, appliances and substances to a police officer;\\n e. to issue appearance tickets pursuant to subdivision three of\\nsection 150.20 of the criminal procedure law;\\n f. to issue uniform appearance tickets pursuant to article\\ntwenty-seven of the parks, recreation and historic preservation law and\\nto issue simplified traffic information pursuant to section 100.25 of\\nthe criminal procedure law and section two hundred seven of the vehicle\\nand traffic law;\\n g. to issue a uniform navigation summons and/or complaint pursuant to\\nsection nineteen of the navigation law;\\n h. to issue uniform appearance tickets pursuant to article seventy-one\\nof the environmental conservation law; and\\n i. to seize an alcoholic beverage upon observing a person under\\ntwenty-one years of age openly in possession of an alcoholic beverage as\\ndefined in section three of the alcoholic beverage control law, with\\nintent to consume such beverage in violation of section sixty-five-c of\\nsuch law.\\n 2. For purposes of this section, \"geographical area of authority\"\\nmeans any real property owned by or under the control of the college by\\nwhich the security guard is employed and located within the geographic\\nboundaries of the county wherein the appointment was made.\\n 3. To become eligible for appointment as a private college campus\\nsecurity officer a security guard must first successfully complete a\\ncourse of instruction in public and private law enforcement approved by\\nthe municipal police training council, the security guard advisory\\ncouncil, or the department of state or other comparable course offered\\nor recognized by a department or agency of the state of New York as\\nproviding appropriate training for the exercise of the powers enumerated\\nin this section. Such training shall also comply with all requirements\\nof article seven-A of the general business law and any regulations\\npromulgated thereunder.\\n 4. To be eligible for appointment as a private college campus security\\nofficer, an applicant shall be of good character, cooperate in a\\nbackground check as may be required by the county sheriff or chief law\\nenforcement officer, be at least twenty-one years of age at the time of\\nappointment, be a citizen of the United States, and be in compliance\\nwith the requirements of, and duly registered in accordance with, the\\nprovisions of article seven-A of the general business law and any\\nregulations promulgated thereunder.\\n 5. The duration of the appointment shall be coexistent with the period\\nof employment except as otherwise provided in this section, section six\\nhundred sixty-two of the county law or section two hundred nine-aa of\\nthe general municipal law, as added by chapter six hundred eleven of the\\nlaws of nineteen hundred ninety-five.\\n 6. Any independent non-profit college which requests appointment of\\nany of its security guards as a private college campus security officer\\nas provided for in subdivision one of this section shall indemnify and\\nhold harmless, the appointing sheriff, the county in which such sheriff\\nserves, the appointing chief law enforcement officer and the city in\\nwhich such chief law enforcement officer serves from liability and\\ndamages including cost of defense to the extent proximately caused by\\nthe intentional or negligent acts or omissions of the college's security\\nguards while acting pursuant to their scope of employment by the\\ncollege.\\n 7. A college shall immediately notify the appointing sheriff or chief\\nlaw enforcement officer whenever a security guard appointed by the\\ncollege as a private college campus security officer is arrested,\\nsuspended from employment, transferred, terminated or disabled so as to\\nbe incapable of performing campus security officer duties. Upon receipt\\nof such notice, the sheriff or chief law enforcement officer shall\\nimmediately revoke such appointment.\\n 8. Private college campus security officers appointed in accordance\\nwith this section shall not be subject to assignment under section two\\nhundred nine-f of the general municipal law or any mutual aid provisions\\nof law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6436", "title" : "Bias related crime prevention information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-07-14", "2023-07-21", "2023-10-13" ], "docLevelId" : "6436", "activeDate" : "2014-09-22", "sequenceNo" : 1528, "repealedDate" : null, "fromSection" : "6436", "toSection" : "6436", "text" : " § 6436. Bias related crime prevention information. Each college shall\\ninform incoming students about bias related crime prevention measures\\nthrough programs which may include workshops, seminars, discussion\\ngroups, and film presentations, in order to disseminate information\\nabout bias related crime, promote discussion, encourage reporting of\\nincidents of bias related crime, and facilitate prevention of such\\nincidents. Such information shall include, but not be limited to:\\n 1. the applicable laws, ordinances, and regulations on bias related\\ncrime, including the provisions and coverage of the hate crimes act of\\n2000 codified in article four hundred eighty-five of the penal law;\\n 2. the penalties for commission of bias related crimes;\\n 3. the procedures in effect at the college for dealing with bias\\nrelated crime;\\n 4. the availability of counseling and other support services for the\\nvictims of bias related crime;\\n 5. the nature of and common circumstances relating to bias related\\ncrime on college campuses; and\\n 6. the methods the college employs to advise and to update students\\nabout security procedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6437", "title" : "Prohibition on the marketing of credit cards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6437", "activeDate" : "2014-09-22", "sequenceNo" : 1529, "repealedDate" : null, "fromSection" : "6437", "toSection" : "6437", "text" : " § 6437. Prohibition on the marketing of credit cards. Each college\\nshall prohibit the advertising, marketing, or merchandising of credit\\ncards on college campuses to students, except pursuant to an official\\ncollege credit card marketing policy. An official college credit card\\nmarketing policy may include:\\n 1. registration of on-campus credit card marketers;\\n 2. limiting credit card marketers to specific dates and specific areas\\nof the campus as designated by the college;\\n 3. prohibiting credit card marketers from offering gifts to a student\\nin exchange for completing a credit card application; and\\n 4. informing students about good credit management practices through\\nprograms which may include workshops, seminars, discussion groups, and\\nfilm presentations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6438", "title" : "Notification of fire safety standards and measures in all college-owned or college-operated housing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6438", "activeDate" : "2014-09-22", "sequenceNo" : 1530, "repealedDate" : null, "fromSection" : "6438", "toSection" : "6438", "text" : " § 6438. Notification of fire safety standards and measures in all\\ncollege-owned or college-operated housing. Each college shall provide\\nwritten notification to students residing in college-owned or\\ncollege-operated housing with regard to a description of such housing\\nfacility's fire safety system, including whether the housing is or is\\nnot equipped with a sprinkler system. Each college shall also indicate,\\nwithin such written notification, how to access the campus fire safety\\nreport on student housing as required under Title 20 of the U.S. Code\\nSection 1092(i). For the purposes of this section, \"sprinkler system\"\\nshall have the same meaning as in section one hundred fifty-five-a of\\nthe executive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A130", "title" : "Arthur O Eve Opportunity For Higher Education", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-04-24" ], "docLevelId" : "130", "activeDate" : "2014-09-22", "sequenceNo" : 1531, "repealedDate" : null, "fromSection" : "6451", "toSection" : "6455", "text" : " ARTICLE 130\\n ARTHUR O. EVE OPPORTUNITY FOR HIGHER EDUCATION\\nSection 6451. Arthur O. Eve opportunity for higher education; non-public\\n institutions.\\n 6452. Arthur O. Eve opportunity for higher education; state\\n university of New York and city university of New York.\\n 6453. Special nursing education program.\\n 6454. Science and technology entry program.\\n 6455. Collegiate science and technology entry program.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6451", "title" : "Arthur O", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2017-07-07", "2017-08-18", "2019-04-19", "2019-07-05", "2019-07-19" ], "docLevelId" : "6451", "activeDate" : "2014-09-22", "sequenceNo" : 1532, "repealedDate" : null, "fromSection" : "6451", "toSection" : "6451", "text" : " § 6451. Arthur O. Eve opportunity for higher education; non-public\\ninstitutions. 1. To advance the cause of educational opportunity in\\nhigher education, the commissioner may contract with non-public\\ninstitutions of higher education for the support of special programs for\\nthe screening, testing, counseling, tutoring of, and, assistance to,\\nresidents of the state who are, (1) graduates of an approved high school\\nor individuals who have attained a New York state high school\\nequivalency diploma or its equivalent, as determined by the\\ncommissioner, (2) who have potential for the successful completion of a\\npost secondary program, and (3) are economically and educationally\\ndisadvantaged, as defined by the regents.\\n 2. To qualify for state assistance through such contracts, an\\ninstitution of higher education must be a college or university\\nincorporated by the regents or by the legislature, or a school of\\nmedicine, dentistry or osteopathy authorized by the regents to confer\\nthe degree of doctor of medicine, doctor of medical science, doctor of\\ndental surgery or doctor of osteopathy and must maintain one or more\\nearned degree programs culminating in an associate or higher degree.\\n 3. Moneys made available to institutions through contracts shall be\\nspent only for the following purposes:\\n a. Special testing, counseling and guidance services in the course of\\nscreening potential enrollees;\\n b. Remedial courses, developmental or compensatory courses and summer\\nclasses for such students;\\n c. Special tutoring, counseling and guidance services for such\\nenrolled students;\\n d. Any necessary supplemental financial assistance, which may include\\nthe cost of books and necessary maintenance for such enrolled students;\\nprovided, however, that such supplemental financial assistance shall be\\nfurnished pursuant to criteria promulgated by the commissioner with the\\napproval of the director of the budget.\\n e. Partial reimbursement for tuition for regular academic courses\\npursuant to criteria promulgated by the commissioner of education.\\n 4. The commissioner shall promulgate regulations requiring the\\nsubmission to him by any institution intending to contract with the\\nstate for assistance pursuant to this section of reports in such form\\nand containing such information as he shall require, concerning, but not\\nlimited to, such matters as a description of the proposed program,\\nestimated costs, objectives, the extent of the institution's support of\\nsuch program and similar programs and the progress of students in such\\nprograms, and the commissioner shall take such factors into account in\\ndetermining whether to enter into a contract with such institution and\\nthe terms and conditions thereof.\\n 5. Contracts made pursuant to this section shall be subject to the\\napproval of the director of the budget.\\n 6. The commissioner shall prepare an annual report of the activities\\nof the institutions which received state funds pursuant to this section\\nin the preceding fiscal year, concerning, but not limited to, the\\neffectiveness of each of the programs contracted for, the costs of the\\nprograms and the future plans thereof and shall transmit such report to\\nthe Governor and the legislature on or before the December first next\\nfollowing the close of such fiscal year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6452", "title" : "Arthur O", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-07-05", "2019-07-19" ], "docLevelId" : "6452", "activeDate" : "2014-09-22", "sequenceNo" : 1533, "repealedDate" : null, "fromSection" : "6452", "toSection" : "6452", "text" : " § 6452. Arthur O. Eve opportunity for higher education; state\\nuniversity of New York and city university of New York. 1. To provide\\nadditional educational opportunity at the state university of New York\\nand the city university of New York, such institutions shall provide\\nspecial programs for the screening, testing, counseling, and tutoring\\nof, and assistance to, residents of the state who are, (1) graduates of\\nan approved high school or individuals who have attained a New York\\nstate high school equivalency diploma or its equivalent, as determined\\nby the commissioner, (2) who have potential for the successful\\ncompletion of a post secondary program, and (3) are economically and\\neducationally disadvantaged.\\n 2. Such universities shall each formulate a general plan for the\\norganization, development, co-ordination and operation of such a program\\nwithin the amounts made available therefor by law. Such a plan shall\\ninclude:\\n a. Definition of eligibility, provided, however, except for requiring\\nresidence in the state or in the city of New York in the case of those\\nprograms provided by the city university of New York, no such definition\\nshall include either by its terms or in its application, any criteria or\\nstandard which determines eligibility based in whole or in part upon the\\ngeographical locality in which a student or prospective student resides,\\n b. Procedures for the selection of students from among the eligibles,\\n c. Description of the contents of such proposed program including\\ncounseling, tutoring and skill development,\\n d. Estimated costs,\\n e. Objectives including co-ordination with the university's long range\\nplan,\\n f. Extent of other funds and resources to be utilized in support of\\nthe program,\\n g. Procedures for the evaluation of student progress, and\\n h. Periodic reports.\\n 3. The general plan shall be transmitted to the board of regents at\\nsuch time as the regents shall by rule require. Such plan shall be\\nreviewed by the regents and shall guide and determine the operation of\\nsuch programs at such universities.\\n 4. a. Moneys made available to such universities pursuant to this\\nsection shall be spent only for the following purposes:\\n (i) Special testing, counseling and guidance services in the course of\\nscreening potential students,\\n (ii) Remedial courses, developmental and compensatory courses and\\nsummer classes for such students,\\n (iii) Special tutoring, counseling and guidance services for enrolled\\nstudents,\\n (iv) Central services including evaluation and administrative costs,\\n (v) Any necessary supplemental financial assistance, which may include\\nthe cost of books and necessary maintenance for such students; provided,\\nhowever, that such supplemental financial assistance shall be furnished\\npursuant to criteria promulgated by such universities and approved by\\nthe regents and the director of the budget.\\n b. No funds pursuant to this section shall be made available to\\nsupport the regular academic programs of any institution participating\\nin this program, nor shall funds be provided for programs which are\\nincompatible with the regents plan for the expansion and development of\\nhigher education in the state.\\n 5. a. The trustees of the state university and board of higher\\neducation in the city of New York shall each furnish to the regents, the\\ndirector of the budget, the chairman of the senate finance committee and\\nthe chairman of the assembly ways and means committee, at least\\nannually, a report in such form, at such time and containing such\\ninformation as the regents and the director of the budget may require,\\nof the operations of such programs. The report shall include:\\n (i) A statement of the objectives of the program at the institution,\\n (ii) A description of the program,\\n (iii) The budgetary expenditures for such program, separately stating\\nacademic credit instructional costs, other instructional costs, tutoring\\ncosts, remediation, counseling, supplemental financial assistance and\\ncentral services, including evaluation and administrative costs,\\n (iv) The extent of other funds and resources used in support of such\\nprogram and their sources,\\n (v) The progress of students,\\n (vi) The extent and nature of the responsibility exercised over such\\nprogram by such trustees and such board,\\n (vii) The extent and nature of supervision and control exercised over\\nsuch program by the administrative officials of the constituent\\ninstitutions in such universities,\\n (viii) A certification by such trustees and such board that the\\nacademic committees of the constituent institutions of such universities\\nand their faculty committees have reviewed and approved the academic\\ncontent of the courses offered for academic credit in such program and\\nthe amount of academic credit granted therefor and that the registration\\nrequirements of the regents and the commissioner have been met where\\napplicable.\\n b. The regents shall review such report and forward the same, together\\nwith their comments and recommendations to the governor and the\\nlegislature, on or before December first next following the close of the\\nstate's fiscal year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6453", "title" : "Special nursing education program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6453", "activeDate" : "2014-09-22", "sequenceNo" : 1534, "repealedDate" : null, "fromSection" : "6453", "toSection" : "6453", "text" : " * § 6453. Special nursing education program. To grant greater\\nopportunity in nursing education, the commissioner may:\\n 1. Enter into contracts with any institution of higher education\\nincorporated in this state, voluntary non-profit hospitals incorporated\\nwithin this state or public hospitals located within this state for:\\n (1) A contract for conducting courses approved by the department to\\nassist foreign trained nurses to qualify for a license as a registered\\nprofessional nurse in this state.\\n (2) A contract for conducting refresher courses for residents of this\\nstate who have been licensed as registered professional nurses but who\\nare not actively engaged in nursing.\\n 2. Enter into a contract to expand the enrollment of any institution\\nof higher education incorporated within this state or any voluntary\\nnon-profit hospital or municipal or county hospital incorporated within\\nthis state providing either a regents' approved curriculum leading to a\\nbaccalaureate degree in professional nursing or a regents' registered\\nprogram in professional nursing, by paying an agreed sum to the\\ninstitution for each additional student enrolled in each year of\\ninstruction above the average enrollment in such year of instruction for\\nthe last five years prior to the year for which the payment is made. The\\nsum shall not be paid for more than ten additional students per year.\\n 3. Promulgate regulations necessary for the implementation of these\\nprograms.\\n * NB Section set out as 6443. Should read 6453\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6454", "title" : "Science and technology entry program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6454", "activeDate" : "2014-09-22", "sequenceNo" : 1535, "repealedDate" : null, "fromSection" : "6454", "toSection" : "6454", "text" : " § 6454. Science and technology entry program. 1. As used in this\\nsection:\\n a. \"Council\" means the council on professional career opportunity\\ncreated pursuant to article forty-four of the executive law;\\n b. \"Eligible students\" shall mean secondary school students who are\\neither economically disadvantaged or minorities historically\\nunderrepresented in the scientific, technical, health, and\\nhealth-related professions as defined by the regents after consultation\\nwith the council; and\\n c. \"Eligible applicant\" shall mean an institution of postsecondary\\neducation or a consortia of such institutions.\\n 2. The purpose of the science and technology entry programs shall be\\nto assist eligible students in acquiring the skills, attitudes and\\nabilities necessary to pursue professional or pre-professional study in\\npost-secondary degree programs in scientific, technical and\\nhealth-related fields.\\n 3. Grant applications submitted by eligible applicants shall outline a\\nplan of instruction and curriculum-related activities and services to\\nadvance the purpose of the science and technology entry program. Such\\nplans may provide for contracting by the eligible applicant with\\nspecified not-for-profit community based educational organizations for\\nthe provision of instruction, activities and services outlined in the\\nplan. Such plans shall include quantifiable measures to assess the\\neffectiveness of the instruction, activities and services in promoting\\nthe purposes of the science and technology entry program. Such measures\\nshall include, but not be limited to:\\n a. the persistence rate of participating students in selecting and\\ncompleting mathematics and science courses in an academic track in their\\nsubsequent years in high school;\\n b. the college placement rate of participating students in\\nprofessional or pre-professional programs in scientific, technical, or\\nhealth-related fields. Such approved plans may be amended with the\\napproval of the commissioner.\\n 4. Eligible applicants receiving grants pursuant to this section shall\\nprovide a program of instruction and curriculum-related activities and\\nservices to advance the purpose of the science and technology entry\\nprogram. The curricula of these programs shall, to the extent\\npracticable, emphasize the concrete aspects of the scientific, technical\\nor health-related discipline as it relates to a professional career,\\nthrough laboratories, relevant work experience opportunities, or similar\\nactivities. In addition to specialized instruction, programs funded\\npursuant to this section shall provide participating students with\\npersonal, career and financial aid counseling to ensure that such\\nstudents are fully aware of the opportunities and necessary preparations\\nfor professional careers in scientific, technical, or health-related\\nfields.\\n 5. a. Grants shall be awarded to eligible applicants based upon\\ncriteria established by the commissioner after consultation with the\\ncouncil, including, but not limited to, the following:\\n (1) an established record of conducting effective collaborative\\neducational programs with neighboring secondary schools;\\n (2) the ability and willingness to cooperate with other postsecondary\\ninstitutions in operating a program funded pursuant to this section;\\n (3) the capacity to secure or provide additional support in amounts\\nequal to at least twenty-five percent of the grant sought under this\\nsection through private and other governmental sources and through\\nin-kind services;\\n (4) a location within a school district with an enrollment comprised\\nof at least twenty percent minority group students or a location near\\nsuch a district that is accessible by public transportation.\\n b. The commissioner shall select the grant recipients after\\nconsultation with the council. To the fullest extent practicable the\\ncommissioner and the council shall ensure that grants are awarded to\\neligible applicants in a diversity of regions of the state.\\n 6. To be selected to participate in a program funded pursuant to this\\nsection, an eligible student must exhibit the potential for college\\nlevel study if provided with special services, as indicated by academic\\nrecord, test scores, attendance record, personal references, and other\\nmeasures deemed appropriate by the commissioner.\\n 7. No grant pursuant to this section shall exceed two hundred thousand\\ndollars to any eligible applicant in a single state fiscal year unless\\nthe eligible applicant is a consortium comprised of two or more\\ninstitutions of post-secondary education or unless the eligible\\napplicant is conducting summer classes as an approved part of its\\nprogram.\\n 8. The commissioner is authorized to require eligible applicants\\nreceiving funds pursuant to this section to report periodically upon:\\n a. compliance with the approved plan;\\n b. the objectives of the applicant's program;\\n c. the curricula and the activities and services offered by the\\nprogram;\\n d. the sources of support and the expenditures of the program;\\n e. the background and progress of students selected to participate in\\nthe program;\\n f. the performance of the program in meeting the evaluation standards\\nestablished pursuant to this section; and\\n g. other matters the commissioner deems appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6455", "title" : "Collegiate science and technology entry program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-07-05", "2019-07-19", "2022-12-16" ], "docLevelId" : "6455", "activeDate" : "2014-09-22", "sequenceNo" : 1536, "repealedDate" : null, "fromSection" : "6455", "toSection" : "6455", "text" : " § 6455. Collegiate science and technology entry program. 1. General\\nrequirements. The commissioner shall award grants to degree-granting\\ninstitutions in New York or to consortia of such institutions to be used\\nfor the purpose of increasing access by minority or disadvantaged\\nstudents to academic programs that have been registered by the\\ncommissioner and that prepare students either for licensure in the\\nprofessions or for employment in scientific and technical fields.\\n 2. Undergraduate programs. (a) Undergraduate science and technology\\nentry program moneys may be used for tutoring, counseling, remedial and\\nspecial summer courses, supplemental financial assistance, program\\nadministration, and other activities which the commissioner may deem\\nappropriate. To be eligible for undergraduate collegiate science and\\ntechnology entry program support, a student must be a resident of New\\nYork who is either economically disadvantaged or from a minority group\\nhistorically underrepresented in the scientific, technical, health and\\nhealth-related professions, and who demonstrates interest in and a\\npotential for a professional career if provided special services.\\nEligible students must be in good academic standing, enrolled full time\\nin an approved, undergraduate level program of study, as defined by the\\nregents.\\n (b) Applications for funding shall be submitted by eligible\\ninstitutions to the department in accordance with requirements\\nestablished by the commissioner. Priority consideration shall be given\\nto institutions which coordinate their efforts to increase minority\\naccess with similar activities for programs at the secondary level in\\naccordance with this section. Grants shall be awarded based on criteria\\nestablished by the commissioner.\\n 3. Graduate programs. (a) Graduate science and technology entry\\nprogram moneys may be used for recruitment, academic enrichment, career\\nplanning, supplemental financial assistance, review for licensing\\nexaminations, program administration, and other activities which the\\ncommissioner may deem appropriate. To be eligible for graduate\\ncollegiate science and technology entry program support, a student must\\nbe a resident of New York who is either economically disadvantaged or\\nfrom a minority group historically underrepresented in the scientific,\\ntechnical and health-related professions. Eligible students must be in\\ngood academic standing, enrolled full time in an approved graduate level\\nprogram, as defined by the regents.\\n (b) Applications for funding shall be made by eligible institutions in\\naccordance with requirements established by the commissioner. Grants\\nshall be awarded based on criteria established by the commissioner.\\nPriority consideration shall be given to institutions which coordinate\\ntheir efforts to increase minority access with similar activities at the\\nundergraduate level.\\n 4. Reporting requirements. Institutions participating in the science\\nand technology entry program shall submit to the commissioner such\\nreports or other information as he shall require. The commissioner shall\\nprepare for the board of regents an annual report of the activities of\\ninstitutions which receive state funds pursuant to this section\\nconcerning, but not limited to, the effectiveness of the programs, the\\nnumbers of students served, and future plans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T8", "title" : "The Professions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-10-25" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 1537, "repealedDate" : null, "fromSection" : "6500", "toSection" : "8808", "text" : " TITLE VIII\\n THE PROFESSIONS\\nArticle 130*. General provisions (§§ 6500-6516).\\n 131. Medicine (§§ 6520-6529).\\n 131-A. Definitions of professional misconduct applicable to\\n physicians, physician's assistants and specialist's\\n assistants (§§ 6530-6532).\\n 131-B. Physician assistants and specialist assistants\\n (§§ 6540-6548).\\n 132. Chiropractic (§§ 6550-6556).\\n 133. Dentistry and dental hygiene (§§ 6600-6613).\\n 134. Licensed perfusionists (§§ 6630-6636).\\n 135. Veterinary medicine and animal health technology\\n (§§ 6700-6714).\\n 136. Physical therapy and physical therapist assistants\\n (§§ 6730-6743).\\n 137. Pharmacy (§§ 6800-6831).\\n 139. Nursing (§§ 6900-6911).\\n 140. Professional midwifery practice act (§§ 6950-6958).\\n 141. Podiatry (§§ 7000-7010).\\n 143. Optometry (§§ 7100-7107).\\n 144. Ophthalmic dispensing (§§ 7120-7128).\\n 145. Engineering and land surveying (§§ 7200-7212).\\n 147. Architecture (§§ 7300-7308).\\n 148. Landscape architecture (§§ 7320-7328).\\n 149. Public accountancy (§§ 7400-7409).\\n 151. Shorthand reporting (§§ 7500-7504).\\n 153. Psychology (§§ 7600-7606).\\n 154. Social work (§§ 7700-7710).\\n 155. Massage therapy (§§ 7800-7806).\\n 156. Occupational therapy (§§ 7900-7908).\\n 157. Dietetics and nutrition (§§ 8000-8006).\\n 159. Speech-language pathologists and audiologists\\n (§§ 8200-8209).\\n 160. Acupuncture (§§ 8210-8216).\\n 161. Interior design (§§ 8300-8307).\\n 162. Athletic trainers (§§ 8350-8358).\\n 163. Mental health practitioners (§§ 8400-8412).\\n 164. Respiratory therapists and respiratory therapy\\n technicians (§§ 8500-8513).\\n 165. Clinical laboratory technology practice act\\n (§§ 8600-8609).\\n 166. Medical physics practice (§§ 8700-8709).\\n 167. Applied behavior analysis (§§ 8800-8808).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A130*", "title" : "General Provisions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-08-18", "2019-02-01", "2021-12-24", "2022-06-17", "2024-03-08", "2024-05-31", "2025-12-26" ], "docLevelId" : "130*", "activeDate" : "2014-09-22", "sequenceNo" : 1538, "repealedDate" : null, "fromSection" : "6500", "toSection" : "6516", "text" : " ARTICLE 130*\\n GENERAL PROVISIONS\\n Subarticle 1. Introductory summary.\\nSection 6500. Introduction.\\n 6501. Admission to a profession (licensing).\\n 6501-b. Affirmation of applications.\\n 6502. Duration and registration of a license.\\n 6503. Practice of a profession.\\n 6503-a. Waiver for entities providing certain professional\\n services.\\n 6503-b. Waiver for certain special education schools and early\\n intervention agencies.\\n 6504. Regulation of the professions.\\n 6505. Construction.\\n 6505-a. Professional referrals.\\n 6505-b. Course work or training in infection control practices.\\n 6505-c. Articulation between military and civilian professional\\n careers.\\n Subarticle 2. State management.\\nSection 6506. Supervision by the board of regents.\\n 6507. Administration by the education department.\\n 6507-a. Registration fee surcharge.\\n 6508. Assistance by state boards for the professions.\\n Subarticle 3. Professional misconduct.\\nSection 6509. Definitions of professional misconduct.\\n 6509-a. Additional definition of professional misconduct;\\n limited application.\\n 6509-b. Additional definition of professional misconduct;\\n arrears in payment of support; limited application.\\n 6509-c. Additional definition of professional misconduct;\\n failure to comply in paternity or child support\\n proceedings; limited application.\\n 6510. Proceedings in cases of professional misconduct.\\n 6510-b. Temporary surrender of licenses during treatment for\\n drug or alcohol abuse.\\n 6510-c. Nurse peer assistance programs.\\n 6510-d. Voluntary non-disciplinary surrender of a license.\\n 6510-e. Nurses' refusal of overtime work.\\n 6511. Penalties for professional misconduct.\\n Subarticle 4. Unauthorized acts.\\nSection 6512. Unauthorized practice a crime.\\n 6513. Unauthorized use of a professional title a crime.\\n 6514. Criminal proceedings.\\n 6515. Restraint of unlawful acts.\\n 6516. Civil enforcement proceedings and civil penalties.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A130*SA1", "title" : "Introductory Summary", "docType" : "SUBARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 1539, "repealedDate" : null, "fromSection" : "6500", "toSection" : "6505-C", "text" : " Subarticle 1. Introductory summary.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6500", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6500", "activeDate" : "2014-09-22", "sequenceNo" : 1540, "repealedDate" : null, "fromSection" : "6500", "toSection" : "6500", "text" : " § 6500. Introduction. This title provides for the regulation of the\\nadmission to and the practice of certain professions. This first article\\napplies to all the professions included in this title, except that\\nprehearing procedures and hearing procedures in connection with the\\nregulation of professional conduct of the profession of medicine and\\nphysician's assistants and specialist's assistants shall be conducted\\npursuant to the provisions of Title II-A of article two of the public\\nhealth law. Each of the remaining articles applies to a particular\\nprofession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6501", "title" : "Admission to a profession (licensing)", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-09-16", "2017-03-10", "2017-08-18" ], "docLevelId" : "6501", "activeDate" : "2014-09-22", "sequenceNo" : 1541, "repealedDate" : null, "fromSection" : "6501", "toSection" : "6501", "text" : " § 6501. Admission to a profession (licensing). Admission to practice\\nof a profession in this state is accomplished by a license being issued\\nto a qualified applicant by the education department. To qualify for a\\nlicense an applicant shall meet the requirements prescribed in the\\narticle for the particular profession and shall meet the requirements\\nprescribed in section 3-503 of the general obligations law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6501-B", "title" : "Affirmation of applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6501-B", "activeDate" : "2014-09-22", "sequenceNo" : 1542, "repealedDate" : null, "fromSection" : "6501-B", "toSection" : "6501-B", "text" : " § 6501-b. Affirmation of applications. Notwithstanding any other\\nprovision of law to the contrary, any application required by this title\\nto be filed with the department may, in lieu of being certified or sworn\\nunder oath, be subscribed by the applicant and affirmed by the applicant\\nas true under penalties of perjury.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6502", "title" : "Duration and registration of a license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-10-04" ], "docLevelId" : "6502", "activeDate" : "2014-09-22", "sequenceNo" : 1543, "repealedDate" : null, "fromSection" : "6502", "toSection" : "6502", "text" : " § 6502. Duration and registration of a license. 1. A license shall be\\nvalid during the life of the holder unless revoked, annulled or\\nsuspended by the board of regents or in the case of physicians,\\nphysicians practicing under a limited permit, physician's assistants,\\nspecialist's assistants and medical residents, the licensee is stricken\\nfrom the roster of such licensees by the board of regents on the order\\nof the state board for professional medical conduct in the department of\\nhealth. A licensee must register with the department and meet the\\nrequirements prescribed in section 3-503 of the general obligations law\\nto practice in this state.\\n 2. The department shall establish the beginning dates of the\\nregistration periods for each profession and mail an application for\\nregistration conforming to the requirements of section 3-503 of the\\ngeneral obligations law to every licensee currently registered at least\\nfour months prior to the beginning of the registration period for the\\nrespective profession.\\n 3. An application for registration and the required registration fee\\nshall be submitted together with or as a part of the application for a\\nlicense. A person initially licensed or a licensee resuming practice\\nafter a lapse of registration during the last two years of a triennial\\nregistration period shall receive a prorated refund of one-third of the\\ntotal registration fee for each full year of the triennial period that\\nhas elapsed prior to the date of registration. Except as provided in\\nsubdivision three-a of this section, the department shall renew the\\nregistration of each licensee upon receipt of a proper application, on a\\nform prescribed by the department and conforming to the requirements of\\nsection 3-503 of the general obligations law, and the registration fee.\\nAny licensee who fails to register by the beginning of the appropriate\\nregistration period shall be required to pay an additional fee for late\\nfiling of ten dollars for each month that registration has been delayed.\\nNo licensee resuming practice after a lapse of registration shall be\\npermitted to practice without actual possession of the registration\\ncertificate.\\n 3-a. Prior to issuing any registration pursuant to this section and\\nsection sixty-five hundred twenty-four of this chapter, the department\\nshall request and review any information relating to an applicant which\\nreasonably appears to relate to professional misconduct in his or her\\nprofessional practice in this and any other jurisdiction. The department\\nshall advise the director of the office of professional medical conduct\\nin the department of health of any information about an applicant which\\nreasonably appears to be professional misconduct as defined in sections\\nsixty-five hundred thirty and sixty-five hundred thirty-one of this\\nchapter, within seven days of its discovery. The registration or\\nre-registration of such applicant shall not be delayed for a period\\nexceeding thirty days unless the director finds a basis for recommending\\nsummary action pursuant to subdivision twelve of section two hundred\\nthirty of the public health law after consultation with a committee on\\nprofessional conduct of the state board for professional medical\\nconduct, if warranted. Re-registration shall be issued if the\\ncommissioner of health fails to issue a summary order pursuant to\\nsubdivision twelve of section two hundred thirty of the public health\\nlaw within ninety days of notice by the department pursuant to this\\nsubdivision. Re-registration shall be denied if the commissioner of\\nhealth issues a summary order pursuant to subdivision twelve of section\\ntwo hundred thirty of the public health law.\\n 4. Any licensee who is not engaging in the practice of his profession\\nin this state and does not desire to register shall so advise the\\ndepartment. Such licensee shall not be required to pay an additional fee\\nfor failure to register at the beginning of the registration period.\\n 5. Licensees shall notify the department of any change of name or\\nmailing address within thirty days of such change. Failure to register\\nor provide such notice within one hundred eighty days of such change\\nshall be willful failure under section sixty-five hundred thirty of this\\nchapter.\\n 6. The fee for replacement of a lost registration certificate or\\nlicense or for registration of an additional office shall be ten\\ndollars.\\n 7. An additional fee of twenty-five dollars shall be charged for the\\nlicensure or registration of any applicant who submits a bad check to\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6503", "title" : "Practice of a profession", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6503", "activeDate" : "2014-09-22", "sequenceNo" : 1544, "repealedDate" : null, "fromSection" : "6503", "toSection" : "6503", "text" : " § 6503. Practice of a profession. Admission to the practice of a\\nprofession (1) entitles the licensee to practice the profession as\\ndefined in the article for the particular profession, (2) entitles the\\nindividual licensee to use the professional title as provided in the\\narticle for the particular profession, and (3) subjects the licensee to\\nthe procedures and penalties for professional misconduct as prescribed\\nin this article (sections sixty-five hundred nine, sixty-five hundred\\nten, and sixty-five hundred eleven).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6503-A", "title" : "Waiver for entities providing certain professional services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "6503-A", "activeDate" : "2014-09-22", "sequenceNo" : 1545, "repealedDate" : null, "fromSection" : "6503-A", "toSection" : "6503-A", "text" : " § 6503-a. Waiver for entities providing certain professional services.\\n1. a. Notwithstanding any laws to the contrary, except as provided in\\nsubdivision two of this section, a not-for-profit corporation formed for\\ncharitable, educational, or religious purposes or other similar purposes\\ndeemed acceptable by the department; or an education corporation as\\ndefined in subdivision one of section two hundred sixteen-a of this\\nchapter may provide the following services, provided that, except as\\notherwise provided in paragraph b of this subdivision, the entity was in\\nexistence prior to the effective date of this section and has applied to\\nthe department for a waiver pursuant to this section by no later than\\nFebruary first, two thousand twelve:\\n (i) services provided under article one hundred fifty-four, one\\nhundred sixty-three or one hundred sixty-seven of this title for which\\nlicensure would be required, or\\n (ii) services constituting the provision of psychotherapy as defined\\nin subdivision two of section eighty-four hundred one of this title and\\nauthorized and provided under article one hundred thirty-one, one\\nhundred thirty-nine, or one hundred fifty-three of this title.\\n Such services may be provided either directly through the entity's\\nemployees or indirectly by contract with individuals or professional\\nentities duly licensed, registered, or authorized to provide such\\nservices.\\n b. The department may issue a waiver on or after July first, two\\nthousand twelve to an entity which was created before, on, or after the\\neffective date of this section if there is a demonstration of need of\\nthe entity's services satisfactory to the department.\\n c. After the commissioner prescribes the application form and posts\\nnotice of its availability on the department's website, any entity\\ndescribed in paragraph a of this subdivision providing services on the\\neffective date of this section, must apply for a waiver no later than\\nFebruary first, two thousand twelve. Upon submission of an application,\\nan entity may continue to operate and provide services until the\\ndepartment shall either deny or approve the entity's application. After\\nthe department renders a timely initial determination that the applicant\\nhas submitted the information necessary to verify that the requirements\\nof paragraphs d, e, and f of this subdivision are satisfied,\\napplications for waivers shall be approved or denied within ninety days;\\nprovided however, that if the waiver application is denied the entity\\nshall cease providing professional services, pursuant to paragraph a of\\nthis subdivision, in the state of New York.\\n d. Such waiver shall provide that services rendered pursuant to this\\nsection, directly or indirectly, shall be provided only by a person\\nappropriately licensed to provide such services pursuant to article one\\nhundred thirty-one, one hundred thirty-nine, one hundred fifty-three,\\none hundred fifty-four, or one hundred sixty-three of this title, or by\\na person otherwise authorized to provide such services under such\\narticles, or by a professional entity authorized by law to provide such\\nservices.\\n e. An application for a waiver to provide professional services\\npursuant to this section shall be on a form prescribed by the\\ncommissioner. Such application shall include:\\n (i) the name of the entity,\\n (ii) the names of the directors and officers of such entity,\\n (iii) a listing of any other jurisdictions where the entity may\\nprovide services, and\\n (iv) an attestation made by an officer authorized by the entity to\\nmake such attestation that identifies the scope of services to be\\nprovided; includes a list of professions under this title in which\\nprofessional services will be provided by such entity; includes a\\nstatement that, unless otherwise authorized by law, the entity shall\\nonly provide professional services authorized under this section;\\nincludes a statement that only a licensed professional, a person\\notherwise authorized to provide such services, or a professional entity\\nauthorized by law to provide such services shall provide such\\nprofessional services as authorized under this section; and attests to\\nthe adequacy of the entity's fiscal and financial resources to provide\\nsuch services.\\n Such application shall also include any other information related to\\nthe application as may be required by the department.\\n f. Each officer and director of such entity shall provide an\\nattestation regarding his or her good moral character as required\\npursuant to paragraph h of this subdivision. The commissioner shall be\\nfurther authorized to promulgate rules or regulations relating to the\\nstandards of the waiver for entities pursuant to this section. Such\\nregulations shall include standards relating to the entity's ability to\\nprovide services, the entity's maintenance of patient and business\\nrecords, the entity's fiscal policies, and such other standards as may\\nbe prescribed by the commissioner.\\n g. The entity operating pursuant to a waiver shall display, at each\\nsite where professional services are provided to the public, a\\ncertificate of such waiver issued by the department pursuant to this\\nsection, which shall contain the name of the entity and the address of\\nthe site. Such entities shall obtain from the department additional\\ncertificates for each site at which professional services are provided\\nto the public. Each entity shall be required to re-apply for a waiver\\nevery three years. If any information supplied to the department\\nregarding the entity shall change, the entity shall be required to\\nprovide such updated information to the department within sixty days.\\n h. Entities operating under a waiver pursuant to this section shall be\\nunder the supervision of the regents and shall be subject to\\ndisciplinary proceedings and penalties. The waivers for such entities\\nshall be subject to suspension, revocation or annulment for cause in the\\nsame manner and to the same extent as individuals and professional\\nservices corporations with respect to their licenses, certificates, and\\nregistrations, as applicable, as provided in this title relating to the\\napplicable profession. All officers and directors of such entities shall\\nbe of good moral character. Entities operating pursuant to a waiver and\\ntheir officers and directors shall be entitled to the same due process\\nprocedures as are provided to such individuals and professional services\\ncorporations. No waiver issued under this section shall be transferable\\nor assignable, as such terms are defined in the regulations of the\\ncommissioner.\\n i. An entity operating pursuant to a waiver shall not practice any\\nprofession licensed pursuant to this title or hold itself out to the\\npublic as authorized to provide professional services pursuant to this\\ntitle except as specifically authorized by this section or as otherwise\\nauthorized by law.\\n 2. No waiver pursuant to this section shall be required of:\\n a. any entity operated under an operating certificate appropriately\\nissued in accordance with article sixteen, thirty-one, or thirty-two of\\nthe mental hygiene law, article twenty-eight of the public health law,\\nor comparable procedures by a New York state or federal agency,\\npolitical subdivision, municipal corporation, or local government agency\\nor unit, in accordance with the scope of the authority of such operating\\ncertificate; or\\n b. a university faculty practice corporation duly incorporated\\npursuant to the not-for-profit corporation law; or\\n c. an institution of higher education authorized to provide a program\\nleading to licensure in a profession defined under article one hundred\\nthirty-one, one hundred thirty-nine, one hundred fifty-three, one\\nhundred fifty-four or one hundred sixty-three of this title, to the\\nextent that the scope of such services is limited to the services\\nauthorized to be provided within such registered program; or\\n d. an institution of higher education providing counseling only to the\\nstudents, staff, or family members of students and staff of such\\ninstitution; or\\n e. any other entity as may be defined in the regulations of the\\ncommissioner, provided that such entity is otherwise authorized to\\nprovide such services pursuant to law and only to the extent such\\nservices are authorized under any certificates of incorporation or such\\nother organizing documents as may be applicable.\\n 3. Nothing in this section shall be construed to limit the authority\\nof another state agency to certify, license, contract or otherwise\\nauthorize an entity applying for a waiver pursuant to this section, if\\nsuch state agency is otherwise authorized under another provision of law\\nto certify, license, contract or authorize such an entity, nor shall a\\nwaiver pursuant to this section be construed to provide an exemption of\\nsuch entity from any certification, licensure, need to contract or any\\nother such requirement established by such state agency or under any\\nother provision of law. If a state agency determines that such\\ncertification, licensure, contract or other authorization is required, a\\nwaiver pursuant to this section shall not have the effect of authorizing\\nthe provision of professional services under the jurisdiction of such\\nagency in the absence of certification, licensure, a contract or other\\nauthorization from such state agency, and the department shall consult\\nwith such agency regarding the need for licensure, contracting,\\ncertification or authorization. In determining an application for a\\nwaiver pursuant to this section, the department shall consider as a\\nfactor in such determination any denial of an operating certificate or\\nother authority to provide the services authorized pursuant to this\\nsection by a New York state or federal agency, political subdivision,\\nmunicipal corporation, or local government agency or unit, and shall not\\napprove a waiver application authorizing an entity to provide a program\\nor services where the entity operated such a program or provided such\\nservices for which an operating certificate or license is pending, was\\ndisapproved or was revoked, or a written authorization or contract was\\nterminated for cause, by one of such agencies, except upon approval of\\nsuch action by the appropriate state agency. Such state agencies shall\\nnotify the department, upon request and within a fifteen day period,\\nwhether a waiver applicant has been subject to such disapproval,\\nrevocation or termination for cause or has a pending application for a\\nlicense or operating certificate.\\n 4. Nothing in this section shall be construed to limit the authority\\nof the following entities to provide professional services they are\\nauthorized by law to provide:\\n a. any appropriately organized professional entity, including, but not\\nlimited to, those established under the business corporation law, the\\nlimited liability company law or the partnership law; or\\n b. any entity operated by a New York state or federal agency,\\npolitical subdivision, municipal corporation, or local government agency\\nor unit pursuant to authority granted by law, including but not limited\\nto any entity operated by the office of mental health, the office of\\nmental retardation and developmental disabilities, or the office of\\nalcoholism and substance abuse services under articles seven, thirteen,\\nand nineteen of the mental hygiene law, respectively.\\n 5. For the purposes of this section, \"professional entity\" shall mean\\nand include sole proprietorships and any professional services\\norganization established pursuant to article fifteen of the business\\ncorporation law, article twelve of the limited liability company law and\\nsection two and article eight-B of the partnership law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6503-B", "title" : "Waiver for certain special education schools and early intervention agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6503-B", "activeDate" : "2014-09-22", "sequenceNo" : 1546, "repealedDate" : null, "fromSection" : "6503-B", "toSection" : "6503-B", "text" : " § 6503-b. Waiver for certain special education schools and early\\nintervention agencies. 1. Definitions. As used in this section the\\nfollowing terms shall have the following meanings:\\n a. \"Special education school\" means an approved program as defined in\\nparagraph b of subdivision one of section forty-four hundred ten of this\\nchapter that meets the requirements of paragraph b of subdivision six of\\nsuch section forty-four hundred ten; an approved private non-residential\\nor residential school for the education of students with disabilities\\nthat is located within the state; a child care institution as defined in\\nsection four thousand one of this chapter that operates a private school\\nfor the education of students with disabilities or an institution for\\nthe deaf or blind operating pursuant to article eighty-five of this\\nchapter that either: (1) conducts a multi-disciplinary evaluation for\\npurposes of articles eighty-one or eighty-nine of this chapter that\\ninvolves the practice of one or more professions for which a license is\\nrequired pursuant to this title and no exception from corporate practice\\nrestrictions applies, or (2) provides related services to students\\nenrolled in the school or approved program that involves the practice of\\none or more professions for which a license is required pursuant to this\\ntitle and no exception from practice restrictions applies. Such term\\nshall not include a school district, board of cooperative educational\\nservices, municipality, state agency or other public entity. Nothing in\\nthis section shall be construed to require a child care institution that\\nconducts multi-disciplinary evaluations or provides related services\\nthrough an approved private nonresidential school operated by such child\\ncare institution to obtain a waiver, provided that such school obtains a\\nwaiver pursuant to this section.\\n b. \"Early intervention agency\" means an agency which is approved or is\\nseeking approval in accordance with title two-A of article twenty-five\\nof the public health law to deliver early intervention program\\nmulti-disciplinary evaluations, service coordination services and early\\nintervention program services, and is lawfully operated as a sole\\nproprietorship or by a partnership, not-for-profit corporation,\\neducation corporation, business corporation, a limited liability company\\nor professional services organization established pursuant to article\\nfifteen of the business corporation law, article twelve or thirteen of\\nthe limited liability company law or article eight-B of the partnership\\nlaw.\\n c. \"Early intervention program services\" means early intervention\\nservices as defined in subdivision seven of section twenty-five hundred\\nforty-one of the public health law that are provided under the early\\nintervention program and authorized in an eligible child's\\nindividualized family services plan.\\n d. \"Multi-disciplinary evaluation\" for purposes of a special education\\nschool means a multi-disciplinary evaluation of a preschool child\\nsuspected of having a disability or a preschool child with a disability\\nthat is conducted pursuant to section forty-four hundred ten of this\\nchapter or an evaluation of a school-age child suspected of having a\\ndisability or with a disability which is conducted by a child care\\ninstitution that operates a special education school or the special\\neducation school operated by such institution pursuant to subdivision\\nthree of section four thousand two of this chapter or by an institution\\nfor the deaf or blind operating pursuant to article eighty-five of this\\nchapter or an evaluation of a school-age child suspected of having a\\ndisability or with a disability that is authorized to be conducted by a\\nspecial education school pursuant to any other provision of this chapter\\nand the regulations of the commissioner for purposes of identification\\nof the child as a child with a disability or the development of an\\nindividualized education program for the child.\\n e. \"Multi-disciplinary evaluation\" for purposes of the early\\nintervention program means a professional, objective assessment\\nconducted by appropriately qualified personnel in accordance with\\nsection twenty-five hundred forty-four of the public health law and its\\nimplementing regulations to determine a child's eligibility for early\\nintervention program services.\\n f. \"Related services\" means related services as defined in paragraph g\\nof subdivision two of section four thousand two, paragraph k of\\nsubdivision two of section forty-four hundred one, or paragraph j of\\nsubdivision one of section forty-four hundred ten of this chapter\\nprovided to a child with a disability pursuant to such child's\\nindividualized education program.\\n 2. Waiver. a. No special education school may employ individuals\\nlicensed pursuant to this article to conduct components of a\\nmulti-disciplinary evaluation of a child with a disability or a child\\nsuspected of having a disability or to provide related services to\\nchildren with disabilities enrolled in the school, and no special\\neducation school may provide such an evaluation component or related\\nservices by contract with an individual licensed or otherwise authorized\\nto practice pursuant to this article or with an entity authorized by law\\nto provide such professional services, unless such school obtains a\\nwaiver pursuant to this section. All special education schools approved\\nby the commissioner as of the effective date of this section shall be\\ndeemed operating under a waiver pursuant to this section for a period\\ncommencing on such effective date and ending on July first, two thousand\\nthirteen.\\n b. No early intervention agency may employ or contract with\\nindividuals licensed pursuant to this article or with a not-for-profit\\ncorporation, education corporation, business corporation, limited\\nliability company, or a professional services organization established\\npursuant to article fifteen of the business corporation law, article\\ntwelve or thirteen of the limited liability company law or article\\neight-B of the partnership law, to conduct an early intervention program\\nmulti-disciplinary evaluation, provide service coordination services or\\nearly intervention program services unless such agency has obtained a\\nwaiver pursuant to this section and has been approved in accordance with\\ntitle two-A of article twenty-five of the public health law as an early\\nintervention program provider. All early intervention agencies approved\\nas of the effective date of this section shall be deemed to be operating\\nunder a waiver pursuant to this section for a period commencing on such\\neffective date and ending on July first, two thousand thirteen. Nothing\\nin this section shall be construed to require an early intervention\\nagency to operate under a waiver in accordance with this section\\nprovided that it is otherwise authorized by law to provide the\\napplicable professional services.\\n 3. Obtaining a waiver. a. A special education school and early\\nintervention agency shall obtain an application for a waiver on a form\\nprescribed by the department. The department may issue a waiver on or\\nafter July first, two thousand thirteen to an entity which was created\\nbefore, on or after the effective date of this section if there is\\ndemonstration of need of the entity's services satisfactory to the\\ndepartment. The application for an initial waiver shall be accompanied\\nby a fee of three hundred forty-five dollars. Where the applicant\\nsimultaneously applies for a waiver as a special education school and\\nearly intervention agency the total waiver fee shall be three hundred\\nforty-five dollars.\\n b. Within one hundred twenty days after the commissioner prescribes\\nthe application form and posts notice of its availability on the\\ndepartment's website, a special education school or early intervention\\nagency must apply for a waiver. Upon submission of such application, the\\nschool or agency may continue to operate and provide services until the\\ndepartment shall either deny or approve the application. After the\\ndepartment renders a timely initial determination that the applicant has\\nsubmitted the information necessary to verify that the requirements of\\nparagraphs c, d and e of this subdivision are satisfied, applications\\nfor waivers shall be approved or denied within ninety days, provided\\nhowever that if the waiver application is denied the school or agency\\nshall cease providing services pursuant to this subdivision in the state\\nof New York.\\n c. Such waiver shall provide that services rendered pursuant to this\\nsection, directly or indirectly, shall be provided only by a person\\nappropriately licensed to provide such services, except as otherwise\\nprovided in law, to provide such services or by a professional services\\nentity authorized by law to provide such services.\\n d. An application for a waiver to provide professional services\\npursuant to this section shall be on a form prescribed by the\\ncommissioner. Such application shall include: (i) the name of the\\nspecial education school or early intervention agency; (ii) the names of\\nthe directors or trustees and officers of such school or agency; (iii) a\\nlisting of any other jurisdictions where such school or agency may\\nprovide services; and (iv) an attestation made by an officer authorized\\nby such school or agency to make such attestation that identifies the\\nscope of services to be provided; includes a list of professions under\\nthis title in which professional services will be provided by such\\nschool or agency; includes a statement that, unless otherwise authorized\\nby law, the school or agency shall only provide services authorized\\nunder this section; includes a statement that only a licensed\\nprofessional, a person otherwise authorized to provide such services, or\\na professional services entity authorized by law to provide such\\nservices shall provide such services as authorized under this section;\\nand attests to the adequacy of the school's or agency's fiscal and\\nfinancial resources to provide such services. Such application shall\\nalso include any other information related to the application as may be\\nrequired by the department. A school or agency with an approved waiver\\nmay apply, on a form prescribed by the commissioner, to amend the waiver\\nto add additional professional services.\\n e. Each officer, trustee and director of such school or agency shall\\nprovide an attestation regarding his or her good moral character as\\nrequired pursuant to paragraph g of this subdivision. The commissioner\\nshall be further authorized to promulgate rules or regulations relating\\nto the standards of the waiver for special education schools and early\\nintervention agencies pursuant to this section. Such regulations shall\\ninclude standards relating to the school's or agency's ability to\\nprovide services, the school's or agency's maintenance of student or\\nclient and business records, the school's or agency's fiscal policies,\\nand such other standards as may be prescribed by the commissioner.\\n f. The special education school or early intervention agency operating\\npursuant to a waiver shall display, at each site where services are\\nprovided to the public, a certificate of such waiver issued by the\\ndepartment pursuant to this section, which shall contain the name of the\\nschool or agency and the address of the site. Such schools or agencies\\nshall obtain from the department additional certificates for each site\\nat which professional services are provided to the public. Each school\\nor agency shall be required to re-apply for a waiver every three years.\\nAn early intervention agency's waiver shall not be renewed unless the\\nagency is approved to provide early intervention program\\nmulti-disciplinary evaluations, service coordination or early\\nintervention program services in accordance with title two-A of article\\ntwenty-five of the public health law. Except as otherwise provided in\\nsubdivision four of this section, if any information supplied to the\\ndepartment regarding the school or agency shall change, the school or\\nagency shall be required to provide such updated information to the\\ndepartment within sixty days.\\n g. All officers, trustees and directors of such schools or agencies\\nshall be of good moral character. Schools or agencies operating pursuant\\nto a waiver and their officers and directors shall be entitled to the\\nsame due process procedures as are provided to such individuals and\\nprofessional services corporations. No waiver issued under this section\\nshall be transferable or assignable; as such terms are defined in the\\nregulations of the commissioner.\\n 4. Renewal of waiver. A. All special education school and early\\nintervention agency waivers shall be renewed on dates set by the\\ndepartment. The triennial waiver fee shall be two hundred sixty dollars\\nor a pro-rated portion thereof as determined by the department. An early\\nintervention agency's waiver shall not be renewed unless the agency is\\napproved to provide early intervention program multi-disciplinary\\nevaluations, service coordination nor early intervention program\\nservices in accordance with title two-A of article twenty-five of the\\npublic health law.\\n 5. Change of location. In the event that a change in the location of\\nthe chief administrative offices of a special education school or early\\nintervention agency is contemplated, the owner shall notify the office\\nof professions of the department of the change of location at least\\nthirty days prior to relocation.\\n 6. Professional practice. a. Notwithstanding any other provision of\\nlaw to the contrary, a special education school operating under a waiver\\nmay employ individuals licensed or otherwise authorized to practice any\\nprofession pursuant to this article to conduct components of a\\nmulti-disciplinary evaluation of a child with a disability or a child\\nsuspected of having a disability or to provide related services to\\nchildren with disabilities enrolled in the school or may provide\\ncomponents of such an evaluation or such related services by contract\\nwith an individual licensed or otherwise authorized to practice pursuant\\nto this article or a not-for-profit corporation, education corporation,\\nbusiness corporation, limited liability company or professional services\\norganization established pursuant to article fifteen of the business\\ncorporation law, article twelve or thirteen of the limited liability\\ncompany law or article eight-B of the partnership law authorized by law\\nto provide the applicable professional services.\\n b. Notwithstanding any other provision of law to the contrary, an\\nearly intervention agency operating under a waiver that is approved in\\naccordance with title two-A of article twenty-five of the public health\\nlaw may employ or contract with individuals licensed or otherwise\\nauthorized to practice any profession pursuant to this article or with a\\nnot-for-profit corporation, education corporation, business corporation,\\nlimited liability company or professional services organization\\nestablished pursuant to article fifteen of the business corporation law,\\narticle twelve or thirteen of the limited liability company law or\\narticle eight-B of the partnership law authorized to conduct early\\nintervention program multi-disciplinary evaluations, provide service\\ncoordination services and early intervention program services.\\n c. A special education school or early intervention agency operating\\nunder a waiver shall not practice any profession licensed pursuant to\\nthis title or hold itself out to the public as authorized to provide\\nprofessional services pursuant to this title except as authorized by\\nthis section or otherwise authorized by law.\\n 7. Supervision of professional practice. A special education school or\\nearly intervention agency shall be under the supervision of the regents\\nof the university of the state of New York and be subject to\\ndisciplinary proceedings and penalties. A special education school or\\nearly intervention agency operating under a waiver shall be subject to\\nsuspension, revocation or annulment of the waiver for cause, in the same\\nmanner and to the same extent as is provided with respect to individuals\\nand their licenses, certificates, and registrations in the provisions of\\nthis title relating to the applicable profession. Notwithstanding the\\nprovisions of this subdivision, a special education school or early\\nintervention agency that conducts or contracts for a component of a\\nmulti-disciplinary evaluation that involves the practice of medicine\\nshall be subject to the pre-hearing procedures and hearing procedures as\\nis provided with respect to individual physicians and their licenses in\\ntitle two-A of article two of the public health law. Notwithstanding any\\nother provision of law to the contrary, upon revocation or other\\ntermination by the commissioner of approval of the special education\\nschool pursuant to article eighty-nine of this chapter and the\\nregulations of the commissioner implementing such article or termination\\nof the early intervention agency pursuant to title two-A of article\\ntwenty-five of the public health law and implementing regulations by the\\ncommissioner pursuant to subdivision eighteen of section forty-four\\nhundred three of this chapter, the school's or early intervention\\nagency's waiver pursuant to this section shall be deemed revoked and\\nannulled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6504", "title" : "Regulation of the professions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6504", "activeDate" : "2014-09-22", "sequenceNo" : 1547, "repealedDate" : null, "fromSection" : "6504", "toSection" : "6504", "text" : " § 6504. Regulation of the professions. Admission to the practice of\\nthe professions (licensing) and regulation of such practice shall be\\nsupervised by the board of regents (section sixty-five hundred six) and\\nadministered by the education department (section sixty-five hundred\\nseven), assisted by a state board for each profession (section\\nsixty-five hundred eight).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6505", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6505", "activeDate" : "2014-09-22", "sequenceNo" : 1548, "repealedDate" : null, "fromSection" : "6505", "toSection" : "6505", "text" : " § 6505. Construction. No definition of the practice of a profession\\nshall be construed to restrain or restrict the performance of similar\\nacts authorized in the definition of other professions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6505-A", "title" : "Professional referrals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6505-A", "activeDate" : "2014-09-22", "sequenceNo" : 1549, "repealedDate" : null, "fromSection" : "6505-A", "toSection" : "6505-A", "text" : " § 6505-a. Professional referrals. There shall be no monetary\\nliability on the part of, and no cause of action for damages shall arise\\nagainst, any association or society of professionals authorized to\\npractice under this title, or any employee, agent, or member thereof,\\nfor referring any person to a member of the profession represented by\\nsuch association or society provided that such referral was made without\\ncharge as a service to the public, and without malice, and in the\\nreasonable belief that such referral was warranted, based upon the facts\\ndisclosed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6505-B", "title" : "Course work or training in infection control practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2018-04-27", "2018-07-13", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "6505-B", "activeDate" : "2014-09-22", "sequenceNo" : 1550, "repealedDate" : null, "fromSection" : "6505-B", "toSection" : "6505-B", "text" : " § 6505-b. Course work or training in infection control practices.\\nEvery dentist, registered nurse, licensed practical nurse, podiatrist,\\noptometrist and dental hygienist practicing in the state shall, on or\\nbefore July first, nineteen hundred ninety-four and every four years\\nthereafter, complete course work or training appropriate to the\\nprofessional's practice approved by the department regarding infection\\ncontrol and barrier precautions, including engineering and work practice\\ncontrols, in accordance with regulatory standards promulgated by the\\ndepartment, in consultation with the department of health, which shall\\nbe consistent, as far as appropriate, with such standards adopted by the\\ndepartment of health pursuant to section two hundred thirty-nine of the\\npublic health law to prevent the transmission of HIV, HBV or HCV in the\\ncourse of professional practice. Each such professional shall document\\nto the department at the time of registration commencing with the first\\nregistration after July first, nineteen hundred ninety-four that the\\nprofessional has completed course work or training in accordance with\\nthis section, provided, however that a professional subject to the\\nprovisions of paragraph (f) of subdivision one of section twenty-eight\\nhundred five-k of the public health law shall not be required to so\\ndocument. The department shall provide an exemption from this\\nrequirement to anyone who requests such an exemption and who (i) clearly\\ndemonstrates to the department's satisfaction that there would be no\\nneed for him or her to complete such course work or training because of\\nthe nature of his or her practice or (ii) that he or she has completed\\ncourse work or training deemed by the department to be equivalent to the\\ncourse work or training approved by the department pursuant to this\\nsection. The department shall consult with organizations representative\\nof professions, institutions and those with expertise in infection\\ncontrol and HIV, HBV and HCV with respect to the regulatory standards\\npromulgated pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6505-C", "title" : "Articulation between military and civilian professional careers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2022-04-15", "2023-04-07" ], "docLevelId" : "6505-C", "activeDate" : "2014-09-22", "sequenceNo" : 1551, "repealedDate" : null, "fromSection" : "6505-C", "toSection" : "6505-C", "text" : " § 6505-c. Articulation between military and civilian professional\\ncareers. 1. The commissioner shall develop, jointly with the director of\\nthe division of veterans' affairs, a program to facilitate articulation\\nbetween participation in the military service of the United States or\\nthe military service of the state and admission to practice of a\\nprofession. The commissioner and the director shall identify, review and\\nevaluate professional training programs offered through either the\\nmilitary service of the United States or the military service of the\\nstate which may, where applicable, be accepted by the department as\\nequivalent education and training in lieu of all or part of an approved\\nprogram. Particular emphasis shall be placed on the identification of\\nmilitary programs which have previously been deemed acceptable by the\\ndepartment as equivalent education and training, programs which may\\nprovide, where applicable, equivalent education and training for those\\nprofessions which are critical to public health and safety and programs\\nwhich may provide, where applicable, equivalent education and training\\nfor those professions for which shortages exist in the state of New\\nYork.\\n 2. The commissioner and the director shall prepare a list of those\\nmilitary programs which have previously been deemed acceptable by the\\ndepartment as equivalent education and training in lieu of all or part\\nof an approved program no later than the thirtieth of August, two\\nthousand three. On and after such date, such list shall be made\\navailable to the public and applicants for admission to practice of a\\nprofession.\\n 3. The commissioner and the director shall prepare a list of those\\nmilitary programs which may provide, where applicable, equivalent\\neducation and training for those professions which are critical to\\npublic health and safety, programs which may provide, where applicable,\\nequivalent education and training for those professions for which\\nshortages exist in the state of New York and any other military programs\\nwhich may, where applicable, be accepted by the department as equivalent\\neducation and training in lieu of all or part of an approved program no\\nlater than the thirty-first of October, two thousand three. On and after\\nsuch date, such list shall be made available to the public and\\napplicants for admission to practice of a profession.\\n 4. Such lists shall be prepared annually no later than the thirtieth\\nof June thereafter with additions and deletions made jointly by the\\ncommissioner and the director and made available to the public and\\napplicants for admission to practice of a profession on such date.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A130*SA2", "title" : "State Management", "docType" : "SUBARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 1552, "repealedDate" : null, "fromSection" : "6506", "toSection" : "6508", "text" : " Subarticle 2. State management.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6506", "title" : "Supervision by the board of regents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6506", "activeDate" : "2014-09-22", "sequenceNo" : 1553, "repealedDate" : null, "fromSection" : "6506", "toSection" : "6506", "text" : " § 6506. Supervision by the board of regents. The board of regents\\nshall supervise the admission to and the practice of the professions. In\\nsupervising, the board of regents may:\\n (1) Promulgate rules, except that no rule shall be promulgated\\nconcerning article 131-A of this chapter;\\n (2) Establish by rule, high school, preprofessional, professional and\\nother educational qualifications required for licensing in the\\nprofessions regulated by this title;\\n (3) Charter schools offering educational programs for the professions\\nregulated by this title, and no such school shall operate in this state\\nwithout such a charter, except Columbia University, any school chartered\\nby special act of the legislature prior to September one, nineteen\\nhundred seventy-one, and schools specifically authorized to conduct such\\nprograms by the regents;\\n (4) Appoint such committees as it deems necessary and compensate\\nmembers of such committees who are not members of the board of regents\\nor the department up to one hundred dollars per day for each day devoted\\nto committee functions, together with their necessary expenses;\\n (5) Waive education, experience and examination requirements for a\\nprofessional license prescribed in the article relating to the\\nprofession, provided the board of regents shall be satisfied that the\\nrequirements of such article have been substantially met;\\n (6) Indorse a license issued by a licensing board of another state or\\ncountry upon the applicant fulfilling the following requirements:\\n (a) Application: file an application with the department;\\n (b) Education: meet educational requirements in accordance with the\\ncommissioner's regulations;\\n (c) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (d) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (e) Age: be at least twenty-one years of age;\\n (f) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (g) Character: be of good moral character as determined by the\\ndepartment; and\\n (h) Prior professional conduct: where an application is submitted for\\nlicensure endorsement in any profession regulated by this title and the\\nboard of regents determines that while engaged in practice in another\\njurisdiction the applicant: (i) has been subject to disciplinary action\\nby a duly authorized professional disciplinary agency of such other\\njurisdiction, where the conduct upon which the disciplinary action was\\nbased would, if committed in New York state, constitute practicing the\\nprofession beyond its authorized scope, with gross incompetence, with\\ngross negligence on a particular occasion, or with negligence or\\nincompetence on more than one occasion under the laws of New York state,\\nor (ii) has voluntarily or otherwise surrendered his or her professional\\nlicense in another jurisdiction after a disciplinary action was\\ninstituted by a duly authorized professional disciplinary agency of such\\nother jurisdiction, based on conduct that would, if committed in New\\nYork state, constitute practicing the profession beyond its authorized\\nscope, with gross incompetence, with gross negligence on a particular\\noccasion, or with negligence or incompetence on more than one occasion\\nunder the laws of New York state, the board of regents shall evaluate\\nthe conduct and may deny licensure endorsement to the applicant based on\\nsuch conduct;\\n (7) Direct the department to remedy any error, omission, delay or\\nother circumstance in the issuance or registration of a license;\\n (8) Designate a professional conduct officer, who shall be the chief\\nadministrative officer of the office of the professions, or his\\ndesignee, in connection with professional licensing and misconduct\\nproceedings and criminal matters, such officer to be empowered to issue\\nsubpoenas and administer oaths in connection with such proceedings;\\n (9) Establish by rule, standards of conduct with respect to\\nadvertising, fee splitting, practicing under a name other than that of\\nthe individual licensee (when not specifically authorized), proper use\\nof academic or professional degrees or titles tending to imply\\nprofessional status, and such other ethical practices as such board\\nshall deem necessary, except that no rule shall be established\\nconcerning article 131-A of this chapter; and\\n (10) Delegate to department officers the disposition of any licensing\\nmatters pursuant to rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6507", "title" : "Administration by the education department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2022-07-29", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "6507", "activeDate" : "2014-09-22", "sequenceNo" : 1554, "repealedDate" : null, "fromSection" : "6507", "toSection" : "6507", "text" : " § 6507. Administration by the education department. 1. The\\ncommissioner and the department shall administer the admission to and\\nthe practice of the professions.\\n 2. In administering, the commissioner may:\\n a. Promulgate regulations, except that no regulations shall be\\npromulgated concerning article 131-A of this chapter;\\n b. Conduct investigations;\\n c. Issue subpoenas;\\n d. Grant immunity from prosecution in accordance with section 50.20 of\\nthe criminal procedure law to anyone subpoenaed in any investigation or\\nhearing conducted pursuant to this title; and\\n e. Excuse, for cause acceptable to the commissioner, the failure to\\nregister with the department. Such excuse shall validate and authorize\\nsuch practitioner's right to practice pending registration.\\n 3. The department assisted by the board for each profession, shall:\\n a. Establish standards for preprofessional and professional education,\\nexperience and licensing examinations as required to implement the\\narticle for each profession. Notwithstanding any other provision of law,\\nthe commissioner shall establish standards requiring that all persons\\napplying, on or after January first, nineteen hundred ninety-one,\\ninitially, or for the renewal of, a license, registration or limited\\npermit to be a physician, chiropractor, dentist, registered nurse,\\npodiatrist, optometrist, psychiatrist, psychologist, licensed master\\nsocial worker, licensed clinical social worker, licensed creative arts\\ntherapist, licensed marriage and family therapist, licensed mental\\nhealth counselor, licensed psychoanalyst, dental hygienist, licensed\\nbehavior analyst, or certified behavior analyst assistant shall, in\\naddition to all the other licensure, certification or permit\\nrequirements, have completed two hours of coursework or training\\nregarding the identification and reporting of child abuse and\\nmaltreatment. The coursework or training shall be obtained from an\\ninstitution or provider which has been approved by the department to\\nprovide such coursework or training. The coursework or training shall\\ninclude information regarding the physical and behavioral indicators of\\nchild abuse and maltreatment and the statutory reporting requirements\\nset out in sections four hundred thirteen through four hundred twenty of\\nthe social services law, including but not limited to, when and how a\\nreport must be made, what other actions the reporter is mandated or\\nauthorized to take, the legal protections afforded reporters, and the\\nconsequences for failing to report. Such coursework or training may also\\ninclude information regarding the physical and behavioral indicators of\\nthe abuse of individuals with mental retardation and other developmental\\ndisabilities and voluntary reporting of abused or neglected adults to\\nthe office of mental retardation and developmental disabilities or the\\nlocal adult protective services unit. Each applicant shall provide the\\ndepartment with documentation showing that he or she has completed the\\nrequired training. The department shall provide an exemption from the\\nchild abuse and maltreatment training requirements to any applicant who\\nrequests such an exemption and who shows, to the department's\\nsatisfaction, that there would be no need because of the nature of his\\nor her practice for him or her to complete such training;\\n b. Review qualifications in connection with licensing requirements;\\nand\\n c. Provide for licensing examinations and reexaminations.\\n 4. The department shall:\\n a. Register or approve educational programs designed for the purpose\\nof providing professional preparation which meet standards established\\nby the department.\\n b. Issue licenses, registrations, and limited permits to qualified\\napplicants;\\n c. (i) Issue a certificate of authority to a qualified professional\\nservice corporation being organized under section fifteen hundred three\\nof the business corporation law or to a university faculty practice\\ncorporation being organized under section fourteen hundred twelve of the\\nnot-for-profit corporation law on payment of a fee of ninety dollars,\\n(ii) require such corporations to file a certified copy of each\\ncertificate of incorporation and amendment thereto within thirty days\\nafter the filing of such certificate or amendment on payment of a fee of\\ntwenty dollars, (iii) require such corporations to file a triennial\\nstatement required by section fifteen hundred fourteen of the business\\ncorporation law on payment of a fee of one hundred five dollars.\\n d. Revoke limited permits on the recommendation of the committee on\\nprofessional conduct for the profession concerned, except for limited\\npermits issued to physicians, physician's assistants and specialist's\\nassistants which shall be subject to sections two hundred thirty, two\\nhundred thirty-a, two hundred thirty-b and two hundred thirty-c of the\\npublic health law;\\n e. Maintain public records of licenses issued and retain in its files\\nidentifying data concerning each person to whom a license has been\\nissued;\\n e-1. Compile and make available to the New York city department of\\nbuildings in electronic form: (i) a list of all architects and\\nprofessional engineers currently licensed by and registered with the\\ndepartment; (ii) a list of all architects and professional engineers who\\ncurrently hold limited permits issued by the department, together with\\nthe conditions and limitations applicable to each such limited permit;\\nand (iii) a list of all architects and professional engineers whose\\nlicenses have been revoked or suspended by the board of regents of the\\nstate of New York or who are currently on probation, together with the\\ndate of revocation or the date and duration of suspension or probation,\\nas applicable. The New York city department of buildings shall not\\naccept plans or other documents submitted in connection with\\napplications for work permits under articles ten through seventeen of\\nsubchapter one of chapter one of title twenty-seven of the\\nadministrative code of the city of New York by any person representing\\nthat he or she is an architect or professional engineer without\\nverifying, by means of such lists, that such person meets the\\nqualifications established by law to practice as an architect or\\nprofessional engineer in New York state.\\n f. Collect the fees prescribed by this title or otherwise provided by\\nlaw;\\n g. Prepare an annual report for the legislature, the governor and\\nother executive offices, the state boards for the professions,\\nprofessional societies, consumer agencies and other interested persons.\\nSuch report shall include but not be limited to a description and\\nanalysis of the administrative procedures and operations of the\\ndepartment based upon a statistical summary relating to (i) new\\nlicensure, (ii) discipline, (iii) complaint, investigation, and hearing\\nbacklog, (iv) budget, and (v) the state boards for the professions.\\nInformation provided shall be enumerated by profession; and\\n h. Establish an administrative unit which shall be responsible for the\\ninvestigation, prosecution and determination of alleged violations of\\nprofessional conduct.\\n 5. Where an application is submitted for licensure or a limited permit\\nin any profession regulated by this title and the commissioner\\ndetermines that while engaged in practice in another jurisdiction: (i)\\nthe applicant has been subject to disciplinary action by a duly\\nauthorized professional disciplinary agency of such other jurisdiction,\\nwhere the conduct upon which the disciplinary action was based would, if\\ncommitted in New York state, constitute practicing the profession beyond\\nits authorized scope, with gross incompetence, with gross negligence on\\na particular occasion, or with negligence or incompetence on more than\\none occasion under the laws of New York state, or (ii) the applicant has\\nvoluntarily or otherwise surrendered his or her professional license in\\nanother jurisdiction after a disciplinary action was instituted by a\\nduly authorized professional disciplinary agency of such other\\njurisdiction based on conduct that would, if committed in New York\\nstate, constitute practicing the profession beyond its authorized scope,\\nwith gross incompetence, with gross negligence on a particular occasion,\\nor with negligence or incompetence on more than one occasion under the\\nlaws of New York state, the department shall evaluate the conduct and\\nthe commissioner may deny licensure or issuance of a limited permit to\\nthe applicant based on such conduct.\\n 6. The commissioner and the department shall perform any other\\nfunctions necessary to implement this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6507-A", "title" : "Registration fee surcharge", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6507-A", "activeDate" : "2014-09-22", "sequenceNo" : 1555, "repealedDate" : null, "fromSection" : "6507-A", "toSection" : "6507-A", "text" : " § 6507-a. Registration fee surcharge. The commissioner is hereby\\nauthorized to impose and collect a fifteen percent surcharge, rounded\\nupward to the nearest dollar, on any professional registration fee\\nimposed under this title that is subject to deposit in the office of the\\nprofessions account established pursuant to section ninety-seven-nnn of\\nthe state finance law. Such surcharge shall not be imposed on any such\\nfee dedicated for deposit in the professional medical conduct account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6508", "title" : "Assistance by state boards for the professions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6508", "activeDate" : "2014-09-22", "sequenceNo" : 1556, "repealedDate" : null, "fromSection" : "6508", "toSection" : "6508", "text" : " § 6508. Assistance by state boards for the professions. 1. A board for\\neach profession shall be appointed by the board of regents on the\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of professional\\nlicensing, practice, and conduct. The composition of each board shall be\\nas prescribed in the article relating to each profession. Within each\\nboard a committee on licensing may be appointed by the board chairman.\\n Except as provided in paragraph (a) of this subdivision, the\\nmembership of each professional licensing board shall be increased by\\none member, and each such board shall have at least one public\\nrepresentative who shall be selected by the board of regents from the\\ngeneral public.\\n a. The membership of the professional licensing boards created under\\nsections sixty-five hundred twenty-three, sixty-eight hundred four,\\nsixty-nine hundred three, and seventy-four hundred three of this chapter\\nshall be increased by two members, and each such board shall have at\\nleast two public representatives, who shall be selected by the board of\\nregents from the general public.\\n b. For the purposes of this title, a \"public representative\" shall be\\na person who is a consumer of services provided by those licensed or\\notherwise supervised or regulated by the boards created hereunder, and\\nshall not be, nor within five years immediately preceding appointment\\nhave been:\\n (i) a licensee or person otherwise subject to the supervision or\\nregulation of the board to which appointed; or\\n (ii) a person maintaining a contractual relationship with a licensee\\nof such board, which would constitute more than two percentum of the\\npractice or business of any such licensee, or an officer, director, or\\nrepresentative of such person or group of persons.\\n 2. Each board, or its committee on licensing, shall select or prepare\\nexaminations, may conduct oral and practical examinations and\\nreexaminations, shall fix passing grades, and assist the department in\\nother licensing matters as prescribed by the board of regents.\\n 3. Each board shall conduct disciplinary proceedings as prescribed in\\nthis article and shall assist in other professional conduct matters as\\nprescribed by the board of regents.\\n 4. Members of each board shall be appointed by the board of regents\\nfor five-year terms except that the terms of those first appointed shall\\nbe arranged so that as nearly as possible an equal number shall\\nterminate annually. A vacancy occurring during a term shall be filled by\\nan appointment by the board of regents for the unexpired term. Each\\nstate professional association or society may nominate one or more\\ncandidates for each appointment to be made to the board for its\\nprofession, but the board of regents shall not be required to appoint\\ncandidates so nominated. Former members of a board may be re-appointed\\nby the board of regents, on the recommendation of the commissioner, to\\nserve as members of the board solely for the purposes of disciplinary\\nproceedings, proceedings relating to the moral character of an applicant\\nfor licensure, and proceedings relating to applications for the\\nrestoration of a professional license. In addition, each board shall\\nestablish a roster of auxiliary members from candidates nominated by\\nprofessional associations or societies for appointment by the board of\\nregents, on the recommendation of the commissioner, to serve as members\\nof the board solely for the purposes of disciplinary proceedings,\\nproceedings relating to the moral character of an applicant for\\nlicensure, and proceedings relating to applications for the restoration\\nof a professional license.\\n 5. Each member of a board shall receive a certificate of appointment,\\nshall before beginning his term of office file a constitutional oath of\\noffice with the secretary of state, shall receive up to one hundred\\ndollars as prescribed by the board of regents for each day devoted to\\nboard work, and shall be reimbursed for his necessary expenses. Any\\nmember may be removed from a board by the board of regents for\\nmisconduct, incapacity or neglect of duty.\\n 6. Each board shall elect from its members a chairman and\\nvice-chairman annually, shall meet upon call of the chairman or the\\ndepartment, and may adopt bylaws consistent with this title and approved\\nby the board of regents. A quorum for the transaction of business by the\\nboard shall be a majority of members but not less than five members.\\n 7. An executive secretary to each board shall be appointed by the\\nboard of regents on recommendation of the commissioner. Such executive\\nsecretary shall not be a member of the board, shall hold office at the\\npleasure of, and shall have the powers, duties and annual salary\\nprescribed by the board of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A130*SA3", "title" : "Professional Misconduct", "docType" : "SUBARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 1557, "repealedDate" : null, "fromSection" : "6509", "toSection" : "6511", "text" : " Subarticle 3. Professional misconduct.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6509", "title" : "Definitions of professional misconduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6509", "activeDate" : "2014-09-22", "sequenceNo" : 1558, "repealedDate" : null, "fromSection" : "6509", "toSection" : "6509", "text" : " § 6509. Definitions of professional misconduct. Each of the following\\nis professional misconduct, and any licensee found guilty of such\\nmisconduct under the procedures prescribed in section sixty-five hundred\\nten shall be subject to the penalties prescribed in section sixty-five\\nhundred eleven:\\n (1) Obtaining the license fraudulently,\\n (2) Practicing the profession fraudulently, beyond its authorized\\nscope, with gross incompetence, with gross negligence on a particular\\noccasion or negligence or incompetence on more than one occasion,\\n (3) Practicing the profession while the ability to practice is\\nimpaired by alcohol, drugs, physical disability, or mental disability,\\n (4) Being habitually drunk or being dependent on, or a habitual user\\nof narcotics, barbiturates, amphetamines, hallucinogens, or other drugs\\nhaving similar effects,\\n (5) (a) Being convicted of committing an act constituting a crime\\nunder:\\n (i) New York State law or,\\n (ii) Federal law or,\\n (iii) The law of another jurisdiction and which, if committed within\\nthis state, would have constituted a crime under New York State law;\\n (b) Having been found guilty of improper professional practice or\\nprofessional misconduct by a duly authorized professional disciplinary\\nagency of another state where the conduct upon which the finding was\\nbased would, if committed in New York state, constitute professional\\nmisconduct under the laws of New York state;\\n (c) Having been found by the commissioner of health to be in violation\\nof article thirty-three of the public health law.\\n (d) Having his license to practice medicine revoked, suspended or\\nhaving other disciplinary action taken, or having his application for a\\nlicense refused, revoked or suspended or having voluntarily or otherwise\\nsurrendered his license after a disciplinary action was instituted by a\\nduly authorized professional disciplinary agency of another state, where\\nthe conduct resulting in the revocation, suspension or other\\ndisciplinary action involving the license or refusal, revocation or\\nsuspension of an application for a license or the surrender of the\\nlicense would, if committed in New York state, constitute professional\\nmisconduct under the laws of New York state.\\n (6) Refusing to provide professional service to a person because of\\nsuch person's race, creed, color, or national origin,\\n (7) Permitting, aiding or abetting an unlicensed person to perform\\nactivities requiring a license,\\n (8) Practicing the profession while the license is suspended, or\\nwilfully failing to register or notify the department of any change of\\nname or mailing address, or, if a professional service corporation\\nwilfully failing to comply with sections fifteen hundred three and\\nfifteen hundred fourteen of the business corporation law or, if a\\nuniversity faculty practice corporation wilfully failing to comply with\\nparagraphs (b), (c) and (d) of section fifteen hundred three and section\\nfifteen hundred fourteen of the business corporation law,\\n (9) Committing unprofessional conduct, as defined by the board of\\nregents in its rules or by the commissioner in regulations approved by\\nthe board of regents,\\n (10) A violation of section twenty-eight hundred three-d or\\ntwenty-eight hundred five-k of the public health law.\\n 11. A violation of section six thousand five hundred five-b of this\\nchapter by a professional other than a professional subject to the\\nprovisions of paragraph (f) of subdivision one of section twenty-eight\\nhundred five-k of the public health law.\\n (12) In the event that the department of environmental conservation\\nhas reported to the department alleged misconduct by an architect or\\nprofessional engineer in making a certification under section nineteen\\nof the tax law (relating to the green building tax credit) the board of\\nregents, upon a hearing and a finding of willful misconduct, may revoke\\nthe license of such professional or prescribe such other penalty as it\\ndetermines to be appropriate.\\n (13) In the event that any agency designated pursuant to title four-B\\nof article four of the real property tax law (relating to the green roof\\ntax abatement) has reported to the department alleged misconduct by an\\narchitect or engineer in making a certification under such title, the\\nboard of regents, upon a hearing and a finding of willful misconduct,\\nmay revoke the license of such professional or prescribe such other\\npenalty as it determines to be appropriate.\\n (14) In the event that any agency designated pursuant to title four-C\\nof article four of the real property tax law (relating to the solar\\nelectric generating system tax abatement) has reported to the department\\nalleged misconduct by an architect or engineer in making a certification\\nunder such title, the board of regents, upon a hearing and a finding of\\nwillful misconduct, may revoke the license of such professional or\\nprescribe such other penalty as it determines to be appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6509-A", "title" : "Additional definition of professional misconduct; limited application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6509-A", "activeDate" : "2014-09-22", "sequenceNo" : 1559, "repealedDate" : null, "fromSection" : "6509-A", "toSection" : "6509-A", "text" : " § 6509-a. Additional definition of professional misconduct; limited\\napplication. Notwithstanding any inconsistent provision of this article\\nor of any other provision of law to the contrary, the license or\\nregistration of a person subject to the provisions of articles one\\nhundred thirty-two, one hundred thirty-three, one hundred thirty-six,\\none hundred thirty-seven, one hundred thirty-nine, one hundred\\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\\nfifty-six, one hundred fifty-nine and one hundred sixty-four of this\\nchapter may be revoked, suspended or annulled or such person may be\\nsubject to any other penalty provided in section sixty-five hundred\\neleven of this article in accordance with the provisions and procedure\\nof this article for the following:\\n That any person subject to the above enumerated articles, has directly\\nor indirectly requested, received or participated in the division,\\ntransference, assignment, rebate, splitting or refunding of a fee for,\\nor has directly requested, received or profited by means of a credit or\\nother valuable consideration as a commission, discount or gratuity in\\nconnection with the furnishing of professional care, or service,\\nincluding x-ray examination and treatment, or for or in connection with\\nthe sale, rental, supplying or furnishing of clinical laboratory\\nservices or supplies, x-ray laboratory services or supplies, inhalation\\ntherapy service or equipment, ambulance service, hospital or medical\\nsupplies, physiotherapy or other therapeutic service or equipment,\\nartificial limbs, teeth or eyes, orthopedic or surgical appliances or\\nsupplies, optical appliances, supplies or equipment, devices for aid of\\nhearing, drugs, medication or medical supplies or any other goods,\\nservices or supplies prescribed for medical diagnosis, care or treatment\\nunder this chapter, except payment, not to exceed thirty-three and\\none-third per centum of any fee received for x-ray examination,\\ndiagnosis or treatment, to any hospital furnishing facilities for such\\nexamination, diagnosis or treatment. Nothing contained in this section\\nshall prohibit such persons from practicing as partners, in groups or as\\na professional corporation or as a university faculty practice\\ncorporation nor from pooling fees and moneys received, either by the\\npartnerships, professional corporations, university faculty practice\\ncorporations or groups by the individual members thereof, for\\nprofessional services furnished by any individual professional member,\\nor employee of such partnership, corporation or group, nor shall the\\nprofessionals constituting the partnerships, corporations or groups be\\nprohibited from sharing, dividing or apportioning the fees and moneys\\nreceived by them or by the partnership, corporation or group in\\naccordance with a partnership or other agreement; provided that no such\\npractice as partners, corporations or in groups or pooling of fees or\\nmoneys received or shared, division or apportionment of fees shall be\\npermitted with respect to care and treatment under the workers'\\ncompensation law except as expressly authorized by the workers'\\ncompensation law. Nothing contained in this chapter shall prohibit a\\nmedical or dental expense indemnity corporation pursuant to its contract\\nwith the subscriber from prorationing a medical or dental expense\\nindemnity allowance among two or more professionals in proportion to the\\nservices rendered by each such professional at the request of the\\nsubscriber, provided that prior to payment thereof such professionals\\nshall submit both to the medical or dental expense indemnity corporation\\nand to the subscriber statements itemizing the services rendered by each\\nsuch professional and the charges therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6509-B", "title" : "Additional definition of professional misconduct; arrears in payment of support; limited application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6509-B", "activeDate" : "2014-09-22", "sequenceNo" : 1560, "repealedDate" : null, "fromSection" : "6509-B", "toSection" : "6509-B", "text" : " § 6509-b. Additional definition of professional misconduct; arrears in\\npayment of support; limited application. 1. The provisions of this\\nsection shall apply in all cases of licensee or registrant arrears in\\npayment of child support or combined child and spousal support referred\\nto the board of regents by a court pursuant to the requirements of\\nsection two hundred forty-four-c of the domestic relations law or\\npursuant to section four hundred fifty-eight-b of the family court act.\\n 2. Upon receipt of an order from the court pursuant to one of the\\nforegoing provisions of law, the board of regents, if it finds such\\nperson to be so licensed or registered, shall within thirty days of\\nreceipt of such order from the court, provide notice to the licensee or\\nregistrant of, and cause the regents review committee to initiate, a\\nhearing which shall be held at least twenty days and no more than thirty\\ndays after the sending of such notice to the licensee or registrant. The\\nhearing shall be held solely for the purpose of determining whether\\nthere exists as of the date of the hearing proof that full payment of\\nall arrears of support established by the order of the court to be due\\nfrom the licensee or registrant have been paid. Proof of such payment\\nshall be a certified check showing full payment of established arrears\\nor a notice issued by the court or by the support collection unit where\\nthe order is payable to the support collection unit designated by the\\nappropriate social services district. Such notice shall state that full\\npayment of all arrears of support established by the order of the court\\nto be due have been paid. The licensee or registrant shall be given full\\nopportunity to present such proof of payment at the hearing in person or\\nby counsel. The only issue to be determined by the regents review\\ncommittee as a result of the hearing is whether the arrears have been\\npaid. No evidence with respect to the appropriateness of the court order\\nor ability of the respondent party in arrears to comply with such order\\nshall be received or considered by the committee.\\n 3. Notwithstanding any inconsistent provision of this article or of\\nany other provision of law to the contrary, the license or registration\\nof a person subject to the provisions of this title and/or subject to\\nthe provisions of title two-A of article two of the public health law\\nshall be suspended if, at the hearing provided for by subdivision two of\\nthis section, the licensee or registrant fails to present proof of\\npayment as required by such subdivision. Such suspension shall not be\\nlifted unless the court or the support collection unit, where the court\\norder is payable to the support collection unit designated by the\\nappropriate social services district, issues notice to the regents\\nreview committee that full payment of all arrears of support established\\nby the order of the court to be due have been paid.\\n 4. The board of regents shall inform the court of all actions taken\\nhereunder as required by law.\\n 5. This section applies to support obligations paid pursuant to any\\norder of child support or child and spousal support issued under\\nprovisions of article three-A or section two hundred thirty-six or two\\nhundred forty of the domestic relations law, or article four, five or\\nfive-A of the family court act.\\n 6. Notwithstanding any inconsistent provision of this article or of\\nany other provision of law to the contrary, the provisions of this\\nsection shall apply to the exclusion of any other requirements of this\\narticle and to the exclusion of any other requirement of law to the\\ncontrary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6509-C", "title" : "Additional definition of professional misconduct; failure to comply in paternity or child support proceedings; limited application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6509-C", "activeDate" : "2014-09-22", "sequenceNo" : 1561, "repealedDate" : null, "fromSection" : "6509-C", "toSection" : "6509-C", "text" : " § 6509-c. Additional definition of professional misconduct; failure\\nto comply in paternity or child support proceedings; limited\\napplication. 1. The provisions of this section shall apply in all\\ncases of licensee or registrant failure after receiving appropriate\\nnotice, to comply with a summons, subpoena or warrant relating to a\\npaternity or child support proceeding referred to the board of regents\\nby a court pursuant to the requirements of section two hundred\\nforty-four-c of the domestic relations law or pursuant to section four\\nhundred fifty-eight-b or five hundred forty-eight-b of the family court\\nact.\\n 2. Upon receipt of an order from the court pursuant to one of the\\nforegoing provisions of law, the board of regents, if it finds such\\nperson to be so licensed or registered, shall within thirty days of\\nreceipt of such order from the court, provide notice to the licensee or\\nregistrant that his or her license or registration shall be suspended in\\nsixty days unless the conditions as set forth in subdivision three of\\nthis section are met.\\n 3. Notwithstanding any inconsistent provision of this article or of\\nany other provision of law to the contrary, the license or registration\\nof a person subject to the provisions of this title and/or subject to\\nthe provisions of title two-A of article two of the public health law\\nshall be suspended unless the court terminates its order to commence\\nsuspension proceedings. Such suspension shall not be lifted unless the\\ncourt issues an order to the board of regents terminating its order to\\ncommence suspension proceedings.\\n 4. The board of regents shall inform the court of all actions taken\\nhereunder as required by law.\\n 5. This section applies to paternity or child support proceedings\\ncommenced under, and support obligations paid pursuant to any order of\\nchild support or child and spousal support issued under provisions of\\nsection two hundred thirty-six or two hundred forty of the domestic\\nrelations law, or article four, five, five-A or five-B of the family\\ncourt act.\\n 6. Notwithstanding any inconsistent provision of this article or of\\nany other provision of law to the contrary, the provisions of this\\nsection shall apply to the exclusion of any other requirements of this\\narticle and to the exclusion of any other requirement of law to the\\ncontrary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6510", "title" : "Proceedings in cases of professional misconduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26" ], "docLevelId" : "6510", "activeDate" : "2014-09-22", "sequenceNo" : 1562, "repealedDate" : null, "fromSection" : "6510", "toSection" : "6510", "text" : " § 6510. Proceedings in cases of professional misconduct. In cases of\\nprofessional misconduct the proceedings shall be as follows:\\n 1. Preliminary procedures.\\n a. Complaint. A complaint of a licensee's professional misconduct may\\nbe made by any person to the education department.\\n b. Investigation. The department shall investigate each complaint\\nwhich alleges conduct constituting professional misconduct. The results\\nof the investigation shall be referred to the professional conduct\\nofficer designated by the board of regents pursuant to section\\nsixty-five hundred six of this article. If such officer decides that\\nthere is not substantial evidence of professional misconduct or that\\nfurther proceedings are not warranted, no further action shall be taken.\\nIf such officer, after consultation with a professional member of the\\napplicable state board for the profession, determines that there is\\nsubstantial evidence of professional misconduct, and that further\\nproceedings are warranted, such proceedings shall be conducted pursuant\\nto this section. If the complaint involves a question of professional\\nexpertise, then such officer may seek, and if so shall obtain, the\\nconcurrence of at least two members of a panel of three members of the\\napplicable board. The department shall cause a preliminary review of\\nevery report made to the department pursuant to section twenty-eight\\nhundred three-e as added by chapter eight hundred sixty-six of the laws\\nof nineteen hundred eighty and sections forty-four hundred five-b of the\\npublic health law and three hundred fifteen of the insurance law, to\\ndetermine if such report reasonably appears to reflect conduct\\nwarranting further investigation pursuant to this subdivision.\\n c. Charges. In all disciplinary proceedings other than those\\nterminated by an administrative warning pursuant to paragraph a of\\nsubdivision two of this section, the department shall prepare the\\ncharges. The charges shall state the alleged professional misconduct and\\nshall state concisely the material facts but not the evidence by which\\nthe charges are to be proved.\\n d. Records and reports as public information. In all disciplinary\\nproceedings brought pursuant to this section or in any voluntary\\nsettlement of a complaint between the licensee and the department, the\\ndepartment shall notify the licensee in writing that the record and\\nreports of such disciplinary proceeding or of such voluntary settlement\\nshall be considered matters of public information unless specifically\\nexcepted in this article, or in any other law or applicable rule or\\nregulation.\\n e. Service of charges and notice of hearing. In order to commence\\ndisciplinary proceedings under this title, service of a copy of the\\ncharges and notice of hearing must be completed twenty days before the\\ndate of the hearing if by personal delivery, and must be completed\\ntwenty-five days before the date of the hearing if by any other method.\\n f. Service of charges and of notice of hearing upon a natural person.\\nPersonal service of the charges and notice of any hearing pursuant to\\nsubdivision two or three of this section upon a natural person shall be\\nmade by any of the following methods:\\n (1) by delivery within the state to the person to be served; or\\n (2) by delivery within the state to a person of suitable age and\\ndiscretion at the actual place of business, dwelling place or usual\\nplace of abode of the person to be served and either: (i) by mailing by\\ncertified mail, return receipt requested, to the person to be served at\\nhis or her last known residence, or (ii) by mailing by certified mail,\\nreturn receipt requested, to the person to be served at his or her last\\naddress on file with the division of licensing services of the\\ndepartment in an envelope bearing the legend \"personal and\\nconfidential,\" provided that, in either case: such delivery and mailing\\nshall be effected within twenty days of each other; service pursuant to\\nthis subparagraph shall be complete ten days after either the delivery,\\nor the mailing, whichever is later; and proof of service shall, among\\nother things, identify such person of suitable age and discretion and\\nstate the date, time and place of such service; or\\n (3) where service under subparagraphs one and two of this paragraph\\ncannot be made with due diligence, a copy of the charges and the notice\\nof hearing shall be served by certified mail, return receipt requested,\\nto the person's last known address on file with the division of\\nlicensing services of the department or by affixing the changes and the\\nnotice of hearing to the door of either the actual place of business,\\ndwelling place or usual place of abode of the person to be served;\\nprovided that: service pursuant to this subparagraph shall be complete\\nten days after such mailing, and proof of service shall set forth the\\ndepartment's efforts of due diligence.\\n g. Service of charges and notice of hearing outside of the state. A\\nnatural person subject to the jurisdiction of the department may be\\nserved with a copy of the charges and the notice of hearing outside of\\nthe state in the same manner as service is made within the state, by any\\nperson authorized to make service within the state of New York or by any\\nperson authorized to make service by the laws of the state, territory,\\npossession or country in which service is made or by any duly qualified\\nattorney or equivalent in such jurisdiction.\\n 2. Expedited procedures.\\n a. Violations. Violations involving professional misconduct of a minor\\nor technical nature may be resolved by expedited procedures as provided\\nin paragraph b or c of this subdivision. For purposes of this\\nsubdivision, violations of a minor or technical nature shall include,\\nbut shall not be limited to, isolated instances of violations concerning\\nprofessional advertising or record keeping, and other isolated\\nviolations which do not directly affect or impair the public health,\\nwelfare or safety. The board of regents shall make recommendations to\\nthe legislature on or before June first, nineteen hundred eighty-one,\\nfor the further definition of violations of a minor or technical nature.\\nThe initial instance of any violation of a minor or technical nature may\\nbe resolved by the issuance of an administrative warning pursuant to\\nparagraph b of this subdivision. Subsequent instances of similar\\nviolations of a minor or technical nature within a period of three years\\nmay be resolved by the procedure set forth in paragraph c of this\\nsubdivision.\\n b. Administrative warning. If a professional conduct officer, after\\nconsultation with a professional member of the state board, determines\\nthat there is substantial evidence of professional misconduct but that\\nit is an initial violation of a minor or technical nature which would\\nnot justify the imposition of a more severe disciplinary penalty, the\\nmatter may be terminated by the issuance of an administrative warning.\\nSuch warnings shall be confidential and shall not constitute an\\nadjudication of guilt or be used as evidence that the licensee is guilty\\nof the alleged misconduct. However, in the event of a further allegation\\nof similar misconduct by the same licensee, the matter may be reopened\\nand further proceedings instituted as provided in this section.\\n c. Determination of penalty on uncontested minor violations. If a\\nprofessional conduct officer, after consultation with a professional\\nmember of the state board, determines that there is substantial evidence\\nof a violation of a minor or technical nature, and of a nature\\njustifying a penalty as specified in this paragraph, the department may\\nprepare and serve charges either by personal service or by certified\\nmail, return receipt requested. Such charges shall include a statement\\nthat unless an answer is received within twenty days denying the\\ncharges, the matter shall be referred to a violations committee\\nconsisting of at least three members of the state board for the\\nprofession, at least one of whom shall be a public representative, for\\ndetermination. The violations panel shall be appointed by the executive\\nsecretary of the state board. The licensee shall be given at least\\nfifteen days notice of the time and place of the meeting of the\\nviolations committee and shall have the right to appear in person and by\\nan attorney and to make a statement to the committee in mitigation or\\nexplanation of the misconduct. The department may appear and make a\\nstatement in support of its position. The violations committee may issue\\na censure and reprimand, and in addition, or in the alternative, may\\nimpose a fine not to exceed five hundred dollars for each specification\\nof minor, or technical misconduct. If the fine is not paid within three\\nmonths the matter may be reopened and shall be subject to the hearing\\nand regents decision procedures of this section. The determination of\\nthe panel shall be final and shall not be subject to the regents\\ndecision procedures of this section. If an answer is filed denying the\\ncharges, the matter shall be processed as provided in subdivision three\\nof this section.\\n d. Convictions of crimes or administrative violations. In cases of\\nprofessional misconduct based solely upon a violation of subdivision\\nfive of section sixty-five hundred nine of this article, the\\nprofessional conduct officer may prepare and serve the charges and may\\nrefer the matter directly to a regents review committee for its review\\nand report of its findings, determination as to guilt, and\\nrecommendation as to the measure of discipline to be imposed. In such\\ncases the notice of hearing shall state that the licensee may file a\\nwritten answer, brief and affidavits; that the licensee may appear\\npersonally before the regents review committee, may be represented by\\ncounsel and may present evidence or sworn testimony on behalf of the\\nlicensee, and the notice may contain such other information as may be\\nconsidered appropriate by the department. The department may also\\npresent evidence or sworn testimony at the hearing. A stenographic\\nrecord of the hearing shall be made. Such evidence or sworn testimony\\noffered at the meeting of the regents review committee shall be limited\\nto evidence and testimony relating to the nature and severity of the\\npenalty to be imposed upon the licensee. The presiding officer at the\\nmeeting of the regents review committee may, in his or her discretion,\\nreasonably limit the number of witnesses whose testimony will be\\nreceived and the length of time any witness will be permitted to\\ntestify. In lieu of referring the matter to the board of regents, the\\nregents review committee may refer any such matter for further\\nproceedings pursuant to paragraph b or c of this subdivision or\\nsubdivision three of this section.\\n 3. Adversary proceedings. Contested disciplinary proceedings and other\\ndisciplinary proceedings not resolved pursuant to subdivision two of\\nthis section shall be tried before a hearing panel of the appropriate\\nstate board as provided in this subdivision.\\n a. Notice of hearing. The department shall set the time and place of\\nthe hearing and shall prepare the notice of hearing. The notice of\\nhearing shall state (1) the time and place of the hearing, (2) that the\\nlicensee may file a written answer to the charges prior to the hearing,\\n(3) that the licensee may appear personally at the hearing and may be\\nrepresented by counsel, (4) that the licensee shall have the right to\\nproduce witnesses and evidence in his behalf, to cross-examine witnesses\\nand examine evidence produced against him, and to issue subpoenas in\\naccordance with the provisions of the civil practice law and rules, (5)\\nthat a stenographic record of the hearing will be made, and (6) such\\nother information as may be considered appropriate by the department.\\n b. Hearing panel. The hearing shall be conducted by a panel of three\\nor more members, at least two of whom shall be members of the applicable\\nstate board for the profession, and at least one of whom shall be a\\npublic representative who is a member of the applicable state board or\\nof the state board for another profession licensed pursuant to this\\ntitle. The executive secretary for the applicable state board shall\\nappoint the panel and shall designate its chairperson. After the\\ncommencement of a hearing, no panel member shall be replaced. A\\ndetermination by the administrative officer of a need to disqualify or\\nremove any panel member will result in the disqualification or removal\\nof the panel and cause a new panel to be appointed. In addition to said\\npanel members, the department shall designate an administrative officer,\\nadmitted to practice as an attorney in the state of New York, who shall\\nhave the authority to rule on all motions, procedures and other legal\\nobjections and shall draft a report for the hearing panel which shall be\\nsubject to the approval of and signature by the panel chairperson on\\nbehalf of the panel. The administrative officer shall not be entitled to\\na vote.\\n c. Conduct of hearing. The evidence in support of the charges shall be\\npresented by an attorney for the department. The licensee shall have the\\nrights required to be stated in the notice of hearing. The panel shall\\nnot be bound by the rules of evidence, but its determination of guilt\\nshall be based on a preponderance of the evidence. A hearing which has\\nbeen initiated shall not be discontinued because of the death or\\nincapacity to serve of one member of the hearing panel.\\n d. Results of hearing. The hearing panel shall render a written report\\nwhich shall include (1) findings of fact, (2) a determination of guilty\\nor not guilty on each charge, and (3) in the event of a determination of\\nguilty, a recommendation of the penalty to be imposed. For the panel to\\nmake a determination of guilty, a minimum of two of the voting members\\nof the panel must vote for such a determination. A copy of the report of\\nthe hearing panel shall be transmitted to the licensee.\\n 4. Regents decision procedures.\\n a. Regents review committee. The transcript and report of the hearing\\npanel shall be reviewed at a meeting by a regents review committee\\nappointed by the board of regents. The regents review committee shall\\nconsist of three members, at least one of whom shall be a regent.\\n b. Regents review committee meetings. The review shall be based on the\\ntranscript and the report of the hearing panel. The licensee may appear\\nat the meeting, and the regents review committee may require the\\nlicensee to appear. The licensee may be represented by counsel. The\\ndepartment shall notify the licensee at least seven days before the\\nmeeting (1) of the time and place of the meeting, (2) of his right to\\nappear, (3) of his right to be represented by counsel, (4) whether or\\nnot he is required to appear, and (5) of such other information as may\\nbe considered appropriate. After the meeting, the regents review\\ncommittee shall transmit a written report of its review to the board of\\nregents. In cases referred directly to the regents review committee\\npursuant to paragraph d of subdivision two of this section, the review\\nshall be based upon the charges, the documentary evidence submitted by\\nthe department, any answer, affidavits or brief the licensee may wish to\\nsubmit, and any evidence or sworn testimony presented by the licensee or\\nthe department at the hearing, pursuant to the procedures described by\\nparagraph d of subdivision two of this section.\\n c. Regents decision and order. The board of regents (1) shall consider\\nthe transcript, the report of the hearing panel, and the report of the\\nregents review committee, (2) shall decide whether the licensee is\\nguilty or not guilty on each charge, (3) shall decide what penalties, if\\nany, to impose as prescribed in section sixty-five hundred eleven of\\nthis article, and (4) shall issue an order to carry out its decisions.\\nSuch decisions shall require the affirmative vote of a majority of the\\nmembers of the board of regents. If the board of regents disagrees with\\nthe hearing panel's determination of not guilty, it shall remand the\\nmatter to the original panel for reconsideration or to a new panel for a\\nnew hearing. The panel's determination of not guilty on reconsideration\\nor a new hearing shall be final. The order shall be served upon the\\nlicensee personally or by certified mail to the licensee's last known\\naddress and such service shall be effective as of the date of the\\npersonal service or five days after mailing by certified mail. The\\nlicensee shall deliver to the department the license and registration\\ncertificate which has been revoked, annulled, suspended, or surrendered\\nwithin five days after the effective date of the service of the order.\\nIf the license or registration certificate is lost, misplaced or its\\nwhereabouts is otherwise unknown, the licensee shall submit an affidavit\\nto that effect, and shall deliver such license or certificate to the\\ndepartment when located.\\n 5. Court review procedures. The decisions of the board of regents may\\nbe reviewed pursuant to the proceedings under article seventy-eight of\\nthe civil practice law and rules. Such proceedings shall be returnable\\nbefore the appellate division of the third judicial department, and such\\ndecisions shall not be stayed or enjoined except upon application to\\nsuch appellate division after notice to the department and to the\\nattorney general and upon a showing that the petitioner has a\\nsubstantial likelihood of success.\\n 5-a. At any time, if the professional conduct officer or his or her\\ndesignee designated to investigate a complaint of professional\\nmisconduct of a licensed health care provider or licensed mental health\\ncare provider determines that there is a reasonable belief that an act\\nthat constitutes a sex offense identified in paragraph (h) of\\nsubdivision three of section 130.05 of the penal law has been committed\\nby the licensee against a client or patient during a treatment session,\\nconsultation, interview, or examination, the professional conduct\\nofficer or the office of professional discipline shall notify the\\nappropriate law enforcement official or authority.\\n 6. The provisions of subdivisions one through four of this section\\nshall not be applicable to proceedings in cases of professional\\nmisconduct involving the medical profession, except as provided in\\nparagraph m of subdivision ten of section two hundred thirty of the\\npublic health law.\\n 7. Notwithstanding any other provision of law, persons who assist the\\ndepartment as consultants or expert witnesses in the investigation or\\nprosecution of alleged professional misconduct, licensure matters,\\nrestoration proceedings, or criminal prosecutions for unauthorized\\npractice, shall not be liable for damages in any civil action or\\nproceeding as a result of such assistance, except upon proof of actual\\nmalice. The attorney general shall defend such persons in any such\\naction or proceeding, in accordance with section seventeen of the public\\nofficers law.\\n 8. The files of the department relating to the investigation of\\npossible instances of professional misconduct, or the unlawful practice\\nof any profession licensed by the board of regents, or the unlawful use\\nof a professional title or the moral fitness of an applicant for a\\nprofessional license or permit, shall be confidential and not subject to\\ndisclosure at the request of any person, except upon the order of a\\ncourt in a pending action or proceeding. The provisions of this\\nsubdivision shall not apply to documents introduced in evidence at a\\nhearing held pursuant to this chapter and shall not prevent the\\ndepartment from sharing information concerning investigations with other\\nduly authorized public agencies responsible for professional regulation\\nor criminal prosecution.\\n 9. A disciplinary proceeding under subdivision three or four of this\\nsection shall be treated in the same manner as an action or proceeding\\nin supreme court for the purpose of any claim by counsel of actual\\nengagement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6510-B", "title" : "Temporary surrender of licenses during treatment for drug or alcohol abuse", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6510-B", "activeDate" : "2014-09-22", "sequenceNo" : 1563, "repealedDate" : null, "fromSection" : "6510-B", "toSection" : "6510-B", "text" : " § 6510-b. Temporary surrender of licenses during treatment for drug or\\nalcohol abuse. 1. The license and registration of a licensee who may be\\ntemporarily incapacitated for the active practice of a profession\\nlicensed pursuant to title eight of this chapter, except professionals\\nlicensed pursuant to article one hundred thirty-one or article one\\nhundred thirty-one-b thereof, and whose alleged incapacity is the result\\nof a problem of drug or alcohol abuse which has not resulted in harm to\\na patient or client, may be voluntarily surrendered to the department,\\nwhich may accept and hold such license during the period of such alleged\\nincapacity or the department may accept the surrender of such license\\nafter agreement to conditions to be met prior to the restoration of the\\nlicense. The department shall give written notification of such\\nsurrender to the licensing authorities of any other state or country in\\nwhich the licensee is authorized to practice. In addition to the\\nforegoing, the department shall also give written notification of such\\nsurrender, for professionals licensed pursuant to articles one hundred\\nthirty-two, one hundred thirty-three, one hundred thirty-five, one\\nhundred thirty-seven, one hundred thirty-nine and one hundred forty-one\\nof this chapter to the commissioner of health or his designee, and where\\nappropriate to each hospital at which the professional has privileges,\\nis affiliated, or is employed. The licensee whose license is so\\nsurrendered shall notify all persons who request professional services\\nthat he or she has temporarily withdrawn from the practice of the\\nprofession. The department may provide for similar notification of\\npatients or clients and of other interested parties, as appropriate\\nunder the circumstances of the professional practice and\\nresponsibilities of the licensee. The licensure status of such licensee\\nshall be \"inactive\" and he or she shall not be authorized to practice\\nthe profession and shall refrain from practice in this state or in any\\nother state or country. The voluntary surrender shall not be deemed to\\nbe an admission of disability or of professional misconduct, and shall\\nnot be used as evidence of a violation of subdivision three or four of\\nsection sixty-five hundred nine of this chapter, unless the licensee\\npractices while the license is \"inactive\"; and any such practice shall\\nconstitute a violation of subdivision eight of said section. The\\nsurrender of a license under this subdivision shall not bar any\\ndisciplinary action except action based solely upon the provisions of\\nsubdivision three or four of section sixty-five hundred nine of this\\nchapter, and only if no harm to a patient has resulted; and shall not\\nbar any civil or criminal action or proceeding which might be brought\\nwithout regard to such surrender. A surrendered license shall be\\nrestored upon a showing to the satisfaction of the department that the\\nlicensee is not incapacitated for the active practice of the profession,\\nprovided that the department may, by order of the commissioner, impose\\nreasonable conditions on the licensee, if it determines that because of\\nthe nature and extent of the licensee's former incapacity, such\\nconditions are necessary to protect the health, safety and welfare of\\nthe public. Prompt written notification of such restoration shall be\\ngiven to all licensing bodies which were notified of the temporary\\nsurrender of the license.\\n 2. There shall be appointed within the department, by the board of\\nregents, a committee on drug and alcohol abuse, which shall advise the\\nboard of regents on matters relating to practice by professional\\nlicensees with drug or alcohol abuse problems, and which shall\\nadminister the provisions of this section. The board of regents shall\\ndetermine the size, composition, and terms of office of such committee,\\na majority of the members of which shall be persons with expertise in\\nproblems of drug or alcohol abuse. The committee shall recommend to the\\nboard of regents such rules as are necessary to carry out the purposes\\nof this section, including but not limited to procedures for the\\nsubmission of applications for the surrender of a license and for the\\nreferral of cases for investigation or prosecution pursuant to section\\nsixty-five hundred ten of this article if a licensee fails to comply\\nwith the conditions of an approved program of treatment. There shall be\\nan executive secretary appointed by the board of regents to assist the\\ncommittee. The executive secretary shall employ, or otherwise retain,\\nthe services of a registered professional nurse with appropriate\\nqualifications in substance abuse and addiction to assist in the\\nimplementation of the program authorized by section six thousand five\\nhundred ten-c of this article. Determinations by the committee relating\\nto licensees shall be made by panels of at least three members of the\\ncommittee designated by the executive secretary, who shall also\\ndesignate a member of the state board for the licensee's profession as\\nthe ex-officio non voting member of each panel. In the case of a\\ndetermination relating to a licensed nurse, at least one panel member\\nmust be a registered professional nurse licensed by the state.\\n 3. Application for the surrender of a license pursuant to this section\\nshall be submitted to the committee, and shall identify a proposed\\ntreatment or rehabilitation program, and shall include a consent to the\\nrelease of all information concerning the licensee's treatment to the\\ncommittee. All information concerning an application, other than the\\nfact of the surrender of the license and the participation in the\\nprogram and the successful completion or failure of or withdrawal from\\nthe program, shall be strictly confidential, and may not be released by\\nthe committee to any person or body without the consent of the licensee.\\nThe immunity from disciplinary action conferred by this section shall be\\nconditioned upon the approval of the treatment or rehabilitation program\\nby the committee and its successful completion by the applicant and the\\nelimination of the incapacity to practice. Approval of a treatment or\\nrehabilitation program by the committee shall not constitute a\\nrepresentation as to the probability of success of the program or any\\nassumption of financial responsibility for its costs.\\n 4. The immunity from disciplinary action conferred by this section may\\nbe revoked by the committee upon a finding that the licensee has failed\\nto successfully complete the program or that the incapacity to practice\\nhas not been eliminated. Such revocation shall be made only after notice\\nand an opportunity to be heard, but no adjudicatory hearing shall be\\nrequired. The matter shall be referred for appropriate proceedings\\npursuant to section sixty-five hundred ten of this chapter. The license\\nmust be returned unless charges are served pursuant to section\\nsixty-five hundred ten within thirty days after the revocation of the\\napproval of the special treatment afforded by this section.\\n 5. The commissioner is authorized to adopt regulations to carry out\\nthe purposes of this section, including but not limited to the notice of\\ntemporary inactive status to be required in different professions and\\npractice situations and the measures required upon temporary withdrawal\\nfrom practice.\\n 6. No individual who serves as a member of a committee whose purpose\\nis to confront and refer either to treatment or to the department\\nlicensees who are thought to be suffering from alcoholism or drug abuse\\nshall be liable for damages to any person for any action taken by such\\nindividual provided such action was taken without malice and within the\\nscope of such individual's function as a member of such committee, and\\nprovided further that such committee has been established by and\\nfunctions under the auspices of an association or society of\\nprofessionals authorized to practice under this title.\\n 7. In addition to the provisions of section two thousand eight hundred\\nthree-e of the public health law, any entity licensed pursuant to\\narticles thirty-six, forty and forty-four of the public health law, and\\nany mental hygiene facilities, and correctional, occupational, school\\nand college health services shall provide a report to the office of\\nprofessional discipline when there is a suspension, restriction,\\ntermination, curtailment or resignation of employment or privileges in\\nany way related to a licensed nurse that is impaired when the impairment\\nis alleged to have been caused by a drug-related problem. Any person,\\nfacility, or corporation which makes a report pursuant to this section\\nin good faith shall have immunity from any liability, civil or criminal,\\nfor having made such a report except where the conduct constitutes\\nnegligence, gross negligence or intentional misconduct. For the purpose\\nof any proceeding, civil or criminal, the good faith of any person,\\nfacility or corporation required to make a report shall be presumed.\\nSuch presumption may be rebutted by any competent evidence.\\n 8. Notwithstanding any other provision of law, the license and\\nregistration of a licensed dentist or pharmacist who may be temporarily\\nincapacitated for the active practice of their profession licensed\\npursuant to articles one hundred thirty-three and one hundred\\nthirty-seven of this title and whose alleged incapacity is the result of\\na problem of drug or alcohol abuse which has not resulted in harm to a\\npatient or client, may be voluntarily surrendered to, or voluntarily\\noffered for any alternative disposition with the department, which may\\naccept and hold such license or make any other disposition regarding\\nsuch license deemed appropriate under the circumstances, if the\\ndepartment determines the health and safety of the public will be\\nadequately protected thereby, during the period of such alleged\\nincapacity. The department may accept the surrender of such license\\nafter agreement to conditions to be met prior to the restoration of the\\nlicense or the department may treat the license as not surrendered and\\nmay impose conditions to allow the licensee to retain the license. All\\nother provisions of this section shall be applied to the professions of\\ndentistry and pharmacy in conformity with this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6510-C", "title" : "Nurse peer assistance programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6510-C", "activeDate" : "2014-09-22", "sequenceNo" : 1564, "repealedDate" : null, "fromSection" : "6510-C", "toSection" : "6510-C", "text" : " § 6510-c. Nurse peer assistance programs. 1. As used in this section:\\n a. \"Drug-related problem\" means a problem or problems that are related\\nto the use, misuse or addiction to drugs or alcohol.\\n b. \"Participant\" means an individual licensed pursuant to article one\\nhundred thirty-nine of this title who has or may have a drug-related\\nproblem.\\n c. \"Approved nurse peer assistance program\" means a program operated\\nby the New York State Nurses Association or a statewide professional\\nassociation of nurses which has experience in providing peer assistance\\nservices to nurses who have drug-related problems which are designed to\\nhelp a participant or a licensee's employer and has been approved by the\\ndepartment in accordance with criteria established in regulations of the\\ncommissioner.\\n d. \"Peer assistance services\" includes assessing the needs of a\\nparticipant, including early identification of drug-related problems,\\nand providing information, support, and advice as requested by a\\nparticipant.\\n 2. a. The department shall provide funds, including but not limited to\\na portion of the funds made available pursuant to the provisions of this\\nsection, for services provided by an approved nurse peer assistance\\nprogram. Funds used to provide services shall not be used for the\\ntreatment of participants. Funded services shall include, but not be\\nlimited to:\\n (1) providing peer assistance services for nurses with drug-related\\nproblems;\\n (2) maintaining a toll-free telephone information line for anonymous\\nnurses, their employers, and others to provide assistance in the\\nidentification of services and information for nurses dealing with\\ndrug-related problems;\\n 3. training monitors for the professional assistance program;\\n 4. arranging for mental health consultants to assess nurses for the\\nprofessional assistance program, as needed; and\\n 5. preparing written assessments of nurses who have been referred from\\nthe professional assistance program.\\n b. An additional fee of fifteen dollars shall be paid at the time of\\napplication for licensure and first registration and every registration\\nby those licensed pursuant to article one hundred thirty-nine of this\\ntitle for the purpose of implementing this program. The funds made\\navailable under this provision shall be deposited in the office of\\nprofessions special revenue account for its purposes in implementing\\nthis section. The department may use a portion of this amount for its\\nadministrative expenses incurred in implementing this program including,\\nbut not limited to, employment of personnel, the costs of approving and\\ncontracting with a peer assistance program as required by this section\\nand outreach activities to promote this program.\\n 3. No approved nurse peer assistance program or individual who serves\\nin an approved nurse peer assistance program shall be liable in damages\\nto any person for any action taken or not taken or recommendations made\\nunless, based on the facts disclosed by a participant, the conduct of\\nthe program or person with respect to the person asserting liability\\nconstituted negligence, gross negligence, or intentional misconduct.\\n 4. All information concerning a participant gathered by the approved\\nnurse peer assistance program shall be strictly confidential and may not\\nbe released to any person or body without the consent of the\\nparticipant, except upon the order of a court in a pending action or\\nproceeding. Aggregate data may be released to the committee on drug and\\nalcohol abuse.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6510-D", "title" : "Voluntary non-disciplinary surrender of a license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6510-D", "activeDate" : "2014-09-22", "sequenceNo" : 1565, "repealedDate" : null, "fromSection" : "6510-D", "toSection" : "6510-D", "text" : " § 6510-d. Voluntary non-disciplinary surrender of a license. A\\nprofessional who is licensed pursuant to article one hundred thirty-nine\\nof this title may voluntarily surrender a license to the committee on\\ndrug and alcohol abuse when such licensee requests to be monitored\\nand/or receive peer support services in relation to the use, misuse or\\naddiction to drugs. The committee shall accept such voluntary\\nnon-disciplinary surrender of a license and provide for expedited\\nreinstatement of the license if the licensee meets criteria set by the\\ncommittee. Such criteria will include, but not be limited to, confidence\\nthat the licensee's use of drugs and/or alcohol has not resulted in harm\\nto a patient or client and the licensee is not incapacitated, unfit for\\npractice or a threat to the health, safety and welfare of the public.\\nSuch voluntary surrender, if accepted by the committee, shall result in\\nan immediate reinstatement of the license and shall provide immunity\\nfrom a violation of subdivision three or four of section six thousand\\nfive hundred nine of this article and cannot be deemed an admission or\\nused as evidence in professional misconduct. Acceptance by the committee\\nshall not require a report to the department of health or to any\\nemployer or licensing authority of another jurisdiction, nor require any\\ndisclosure to patients or to the public that such license has been\\ntemporarily surrendered, except if it is subsequently determined by the\\ndepartment that a participant being monitored by the department is found\\nto have used drugs and/or alcohol which has resulted in harm to a\\npatient or client.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6510-E", "title" : "Nurses' refusal of overtime work", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6510-E", "activeDate" : "2014-09-22", "sequenceNo" : 1566, "repealedDate" : null, "fromSection" : "6510-E", "toSection" : "6510-E", "text" : " § 6510-e. Nurses' refusal of overtime work. The refusal of a licensed\\npractical nurse or a registered professional nurse to work beyond said\\nnurse's regularly scheduled hours of work shall not solely constitute\\npatient abandonment or neglect except under the circumstances provided\\nfor under subdivision three of section one hundred sixty-seven of the\\nlabor law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6511", "title" : "Penalties for professional misconduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6511", "activeDate" : "2014-09-22", "sequenceNo" : 1567, "repealedDate" : null, "fromSection" : "6511", "toSection" : "6511", "text" : " § 6511. Penalties for professional misconduct. The penalties which may\\nbe imposed by the board of regents on a present or former licensee found\\nguilty of professional misconduct (under the definitions and proceedings\\nprescribed in sections sixty-five hundred nine and sixty-five hundred\\nten of this article) are: (1) censure and reprimand, (2) suspension of\\nlicense, (a) wholly, for a fixed period of time; (b) partially, until\\nthe licensee successfully completes a course of retraining in the area\\nto which the suspension applies; (c) wholly, until the licensee\\nsuccessfully completes a course of therapy or treatment prescribed by\\nthe regents; (3) revocation of license, (4) annulment of license or\\nregistration, (5) limitation on registration or issuance of any further\\nlicense, (6) a fine not to exceed ten thousand dollars, upon each\\nspecification of charges of which the respondent is determined to be\\nguilty, (7) a requirement that a licensee pursue a course of education\\nor training, and (8) a requirement that a licensee perform up to one\\nhundred hours of public service, in a manner and at a time and place as\\ndirected by the board. The board of regents may stay such penalties in\\nwhole or in part, may place the licensee on probation and may restore a\\nlicense which has been revoked, provided, in the case of licensees\\nsubject to section two hundred thirty of the public health law, notice\\nthat the board is considering such restoration is given to the office of\\nprofessional medical conduct at least thirty days before the date on\\nwhich such restoration shall be considered. Upon the recommendation of\\nthe office of professional medical conduct, the board of regents may\\ndeny such restoration. Any fine imposed pursuant to this section or\\npursuant to subdivision two of section sixty-five hundred ten of this\\narticle may be sued for and recovered in the name of the people of the\\nstate of New York in an action brought by the attorney general. In such\\naction the findings and determination of the board of regents or of the\\nviolations committee shall be admissible evidence and shall be\\nconclusive proof of the violation and the penalty assessed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A130*SA4", "title" : "Unauthorized Acts", "docType" : "SUBARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 1568, "repealedDate" : null, "fromSection" : "6512", "toSection" : "6516", "text" : " Subarticle 4. Unauthorized acts.\\nSection 6512. Unauthorized practice a crime.\\n 6513. Unauthorized use of a professional title a crime.\\n 6514. Criminal proceedings.\\n 6515. Restraint of unlawful acts.\\n 6516. Civil enforcement proceedings and civil penalties.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6512", "title" : "Unauthorized practice a crime", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6512", "activeDate" : "2014-09-22", "sequenceNo" : 1569, "repealedDate" : null, "fromSection" : "6512", "toSection" : "6512", "text" : " § 6512. Unauthorized practice a crime. 1. Anyone not authorized to\\npractice under this title who practices or offers to practice or holds\\nhimself out as being able to practice in any profession in which a\\nlicense is a prerequisite to the practice of the acts, or who practices\\nany profession as an exempt person during the time when his professional\\nlicense is suspended, revoked or annulled, or who aids or abets an\\nunlicensed person to practice a profession, or who fraudulently sells,\\nfiles, furnishes, obtains, or who attempts fraudulently to sell, file,\\nfurnish or obtain any diploma, license, record or permit purporting to\\nauthorize the practice of a profession, shall be guilty of a class E\\nfelony.\\n 2. Anyone who knowingly aids or abets three or more unlicensed persons\\nto practice a profession or employs or holds such unlicensed persons out\\nas being able to practice in any profession in which a license is a\\nprerequisite to the practice of the acts, or who knowingly aids or abets\\nthree or more persons to practice any profession as exempt persons\\nduring the time when the professional licenses of such persons are\\nsuspended, revoked or annulled, shall be guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6512*", "title" : "Construction of article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6512*", "activeDate" : "2014-09-22", "sequenceNo" : 1570, "repealedDate" : null, "fromSection" : "6512*", "toSection" : "6512*", "text" : " * § 6512.* Construction of article. k. A corporation organized under\\narticle nine-C of the insurance law from employing duly licensed\\nphysicians or from entering into contracts with duly licensed physicians\\nor with partnerships, medical corporations organized under article\\nforty-four of the public health law, professional service corporations\\norganized under article fifteen of the business corporation law or other\\ngroups of duly licensed physicians to practice medicine on its behalf\\nfor persons insured under its contracts or policies.\\n l. Acts performed by duly registered physician's associates or\\nspecialist's assistants who are working under the responsible\\nsupervision of physicians licensed to practice medicine in the state of\\nNew York.\\n l. The organization of a medical corporation under article forty-four\\nof the public health law or the organization of a professional service\\ncorporation under article fifteen of the business corporation law.\\n * NB (This section 6512 was repealed by 987/1971 which came under old\\ntitle VIII. Although old 6512 was repealed, there were amendments made\\nto 6512 which are still live as noted above. No reference to 6512 added\\nby 987/1971)\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6513", "title" : "Unauthorized use of a professional title a crime", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6513", "activeDate" : "2014-09-22", "sequenceNo" : 1571, "repealedDate" : null, "fromSection" : "6513", "toSection" : "6513", "text" : " § 6513. Unauthorized use of a professional title a crime. 1. Anyone\\nnot authorized to use a professional title regulated by this title, and\\nwho uses such professional title, shall be guilty of a class A\\nmisdemeanor.\\n 2. Anyone who knowingly aids or abets three or more persons not\\nauthorized to use a professional title regulated by this title, to use\\nsuch professional title, or knowingly employs three or more persons not\\nauthorized to use a professional title regulated by this title, who use\\nsuch professional title in the course of such employment, shall be\\nguilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6513*", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6513*", "activeDate" : "2014-09-22", "sequenceNo" : 1572, "repealedDate" : null, "fromSection" : "6513*", "toSection" : "6513*", "text" : " § 6513.* Penalties. 11. As used in this subdivision \"utilization\\ncommittee\" means (a) a committee established to administer a utilization\\nreview plan of a hospital or extended care facility as provided and\\nrequired in the \"Health Insurance for the Aged Act\", 79 Stat. 313\\n(1965), 42 U.S.C. 1395x(k); (b) a committee of a medical staff in a\\nhospital having the responsibility of evaluation and improvement of the\\nquality of care rendered in the hospital; and (c) any medical review\\ncommittee or subcommittee thereof of a local, county or state medical or\\ndental society and any such society itself when such committee,\\nsubcommittee or society is performing any medical review function\\ndescribed in clauses (a) and (b) of this subdivision or involving any\\ncontroversy or dispute between (i) a physician or dentist and a patient\\nconcerning the diagnosis, treatment or care of such patient or the fees\\nor charges therefor or (ii) a physician or dentist and a provider of\\nmedical or dental benefits concerning any medical or health charges or\\nfees of such physician or dentist.\\n No physician or dentist who serves as a member of such utilization\\ncommittee shall be liable in damages to any person for any action taken\\nor recommendation made by him within the scope of his function as such\\nmember of such committee if such action was taken or such recommendation\\nwas made without malice and in the reasonable belief that such action or\\nrecommendation is warranted by the facts known to him after reasonable\\neffort by him to ascertain the facts upon which such action is taken or\\nsuch recommendation is made.\\n Neither the proceedings nor the records of any such committee shall be\\nsubject to disclosure under article thirty-one of the civil practice law\\nand rules except as hereinafter provided or as provided by any other\\nprovision of law. No person in attendance at a meeting of any such\\ncommittee shall be required to testify as to what transpired thereat.\\nThe prohibition relating to discovery of testimony shall not apply to\\nthe statements made by any person in attendance at such a meeting who is\\na party to an action or proceeding the subject matter of which was\\nreviewed at such meeting.\\n * NB This section 6513 came under old title VIII. Although old 6513\\nwas repealed, there were amendments made, which are still live. As noted\\nabove no reference to 6513 added by 987/1971.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6514", "title" : "Criminal proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6514", "activeDate" : "2014-09-22", "sequenceNo" : 1573, "repealedDate" : null, "fromSection" : "6514", "toSection" : "6514", "text" : " § 6514. Criminal proceedings. 1. All alleged violations of sections\\nsixty-five hundred twelve or sixty-five hundred thirteen of this article\\nshall be reported to the department which shall cause an investigation\\nto be instituted. All alleged violations of section sixty-five hundred\\nthirty-one of the education law shall be reported to the department of\\nhealth which shall cause an investigation to be instituted. If the\\ninvestigation substantiates that violations exist, such violations shall\\nbe reported to the attorney general with a request for prosecution.\\n 2. The attorney general shall prosecute such alleged offenses in the\\nname of the state, provided, however, in the event of alleged violations\\nof article one hundred fifty-five of this title, a district attorney may\\nprosecute such alleged offenses in the name of the state provided,\\nhowever, that any district attorney may prosecute such offenses where\\nthey are incidental to a criminal prosecution instituted by him under\\nother statutes.\\n 3. All criminal courts having jurisdiction over misdemeanors are\\nhereby empowered to hear, try and determine alleged violations under\\nthis title, which constitute misdemeanors, without indictment and to\\nimpose applicable punishment of fines or imprisonments or both. It shall\\nbe necessary to prove in any prosecution under this title only a single\\nprohibited act or a single holding out without proving a general course\\nof conduct.\\n 4. A proceeding before a committee on professional conduct shall not\\nbe deemed to be a criminal proceeding within the meaning of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6514*", "title" : "Revocation of certificates; amendment of registrations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6514*", "activeDate" : "2014-09-22", "sequenceNo" : 1574, "repealedDate" : null, "fromSection" : "6514*", "toSection" : "6514*", "text" : " § 6514.* Revocation of certificates; amendment of registrations. (h)\\nThat a physician is or has been guilty of negligence in assigning duties\\nor responsibilities to, or in supervising the practice of, a physician's\\nassociate or specialist's assistant, or that he has violated any of the\\nprovisions of the education law or of the public health law or any\\nregulations adopted pursuant thereto relating to such practice.\\n * NB This section 6514 came under old title VIII. Although old 6514\\nwas repealed, there were amendments made, which are still live. As noted\\nabove, no reference to 6514 added by 987/1971.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6515", "title" : "Restraint of unlawful acts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6515", "activeDate" : "2014-09-22", "sequenceNo" : 1575, "repealedDate" : null, "fromSection" : "6515", "toSection" : "6515", "text" : " § 6515. Restraint of unlawful acts. Where a violation of this title is\\nalleged to have occurred, the attorney general, the department or, in\\nthe event of alleged violations of article one hundred fifty-five of\\nthis title occurring in cities having a population of one million or\\nmore, the corporation counsel may apply to the supreme court within the\\njudicial district in which such violation is alleged to have occurred\\nfor an order enjoining or restraining commission or continuance of the\\nunlawful acts complained of. The remedy provided in this section shall\\nbe in addition to any other remedy provided by law or to the proceedings\\ncommenced against a licensee under this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6516", "title" : "Civil enforcement proceedings and civil penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6516", "activeDate" : "2014-09-22", "sequenceNo" : 1576, "repealedDate" : null, "fromSection" : "6516", "toSection" : "6516", "text" : " § 6516. Civil enforcement proceedings and civil penalties. 1. Issuance\\nof cease and desist order. Whenever the department has reasonable cause\\nto believe that any person has violated any provision of section\\nsixty-five hundred twelve or sixty-five hundred thirteen of this\\narticle, the department may issue and serve upon such person a notice to\\ncease and desist from such violation. Such cease and desist order shall\\nbe served personally by the department. If personal service can not be\\nmade after due diligence and such fact is certified under oath, a copy\\nof the order shall be made by certified mail, return receipt requested,\\nto the person's last known address by the department.\\n 2. Contents of cease and desist order. The cease and desist order\\nshall be in writing and shall describe with particularity the nature of\\nthe violation, including a reference of the specific provision or\\nprovisions of law alleged to have been violated and an order to the\\nrespondent to cease any unlawful activity. The cease and desist order\\nshall advise the respondent (a) of the right to contest the order by\\nrequesting a hearing within thirty days of the service of the cease and\\ndesist order before a hearing officer designated by the department (b)\\nof the right to request a stay of the cease and desist order at the time\\na hearing is requested and (c) shall set forth the respondent's rights\\nat such a hearing pursuant to subdivision five of this section.\\n 3. Civil penalties. Civil penalties up to five thousand dollars may be\\nimposed for each violation and the respondent may be ordered to make\\nrestitution to any person who has an interest in any money or property,\\neither real or personal, acquired by the respondent as a result of a\\nviolation. Whenever the department concludes that civil penalties and/or\\nrestitution may be warranted because of the egregiousness of the\\nunlawful activity, it may serve, along with the cease and desist order,\\na notice of a hearing on the allegations of unlawful activity and the\\ndepartment's intention to order the respondent to make restitution\\nand/or impose a civil penalty. The notice should specify the civil\\npenalty sought for each violation.\\n 4. Request for hearing. If the respondent to a cease and desist order\\ncontests the cease and desist order, the respondent shall request a\\nhearing conducted by the department within thirty days of the receipt of\\nthe cease and desist order. Such a hearing shall be scheduled, and the\\nrequesting party notified of the date, within fifteen days of the\\nreceipt of the request for a hearing. If the respondent requests a stay\\nof the cease and desist order, the hearing officer shall determine\\nwhether the cease and desist order should be stayed in whole or in part\\nwithin five working days of the request for a stay. The respondent may\\nfile a written answer to the cease and desist order prior to the\\nhearing. A stenographic record of the hearing shall be made.\\n 5. Conduct of hearing. The evidence in support of the cease and desist\\norder shall be presented by an attorney for the department. The\\nrespondent may appear personally and may be represented by counsel at\\nthe hearing, may produce witnesses and evidence in his or her behalf at\\nthe hearing, may cross-examine witnesses and examine evidence produced\\nagainst him or her at the hearing, and may issue subpoenas in accordance\\nwith section three hundred four of the state administrative procedure\\nact. The hearing officer shall not be bound by the rules of evidence,\\nbut his or her determination that a violation of section sixty-five\\nhundred twelve or sixty-five hundred thirteen of this article has\\noccurred shall be based on a preponderance of the evidence. A hearing\\nwhich has been initiated shall not be discontinued because of the death\\nor incapacity of the hearing officer. In the event of a hearing\\nofficer's death or incapacity to serve, a new hearing officer shall be\\ndesignated by the department to continue the hearing. The new hearing\\nofficer shall affirm in writing that he or she has read and considered\\nevidence and transcripts of the prior proceedings.\\n 6. Results of hearing. The hearing officer designated by the\\ndepartment shall render a written report which shall include (a)\\nfindings of fact, (b) a determination on each violation alleged in the\\ncease and desist order, (c) a determination as to whether to accept,\\nreject, or modify any of the terms of the cease and desist order in\\nwhole or in part, and (d) the civil penalty imposed, if any. A copy of\\nthe hearing officer's written report shall be served upon the respondent\\nwith a notice setting forth the respondent's rights to an administrative\\nappeal within ten days of the conclusion of the hearing.\\n 7. Appeals. The decision of the hearing officer shall be final, except\\nthat it may be appealed to a regents review committee within twenty days\\nof the receipt of the hearing officer's report. The initiation of an\\nappeal shall not in and of itself affect the validity or terms of the\\ncease and desist order. The regents review committee shall consist of\\nthree members, at least one of whom shall be a regent. The review shall\\nbe based on the transcript and the report of the hearing officer. The\\nrespondent may appear at the meeting, and the regents review committee\\nmay require the respondent to appear. The respondent may be represented\\nby counsel. The department shall notify the respondent at least ten days\\nbefore the meeting (a) of the time and place of the meeting, (b) of the\\nright to appear, (c) of the right to be represented by counsel, (d)\\nwhether or not the respondent is required to appear, and (e) of such\\nother information as may be considered appropriate. After the meeting,\\nthe regents review committee shall transmit a written report of its\\nreview to the board of regents. The board of regents (i) shall consider\\nthe transcript, the report of the hearing officer, and the report of the\\nregents review committee, (ii) shall decide whether the respondent has\\nviolated each charge in the cease and desist order, (iii) shall decide\\nwhat penalties, if any, to impose as prescribed in this section, and\\n(iv) shall issue an order to carry out its decisions. Such decisions\\nshall require the affirmative vote of a majority of the members of the\\nboard of regents. The order shall be served upon the respondent\\npersonally or by certified mail to the respondent's last known address\\nand such service shall be effective as of the date of the personal\\nservice or five days after mailing by certified mail. The decisions of\\nthe board of regents under this section may be reviewed in a proceeding\\npursuant to article seventy-eight of the civil practice law and rules\\nbrought in the supreme court, Albany county. Such decisions shall not be\\nstayed or enjoined except upon application to such supreme court\\npursuant to article sixty-three of the civil practice law and rules with\\nnotice to the department and to the attorney general.\\n 8. General enforcement of cease and desist order. In any case where\\nthe cease and desist order is confirmed by the board of regents or where\\nthe respondent does not request an administrative hearing within the\\nallotted time or does not appeal the decision of the hearing officer\\nwithin the allotted time, an action or proceeding may be filed in the\\nname of the state of New York seeking a restraining order, injunction,\\nappropriate writ, or judgment against any person who violates the terms\\nof the cease and desist order.\\n 9. Special enforcement of civil monetary penalties. Provided that no\\nappeal is pending on the imposition of such civil penalty, in the event\\nsuch civil penalty imposed by the department remains unpaid, in whole or\\nin part, more than forty-five days after written demand for payment has\\nbeen sent by first class mail to the address of the respondent, a notice\\nof impending default judgment shall be sent by first class mail to the\\nrespondent. The notice of impending default judgment shall advise the\\nrespondent: (a) that a civil penalty was imposed on the respondent; (b)\\nthe date the penalty was imposed; (c) the amount of the civil penalty;\\n(d) the amount of the civil penalty that remains unpaid as of the date\\nof the notice; (e) the violations for which the civil penalty was\\nimposed; and (f) that a judgment by default will be entered in the\\nsupreme court, Albany county unless the department receives full payment\\nof all civil penalties due within twenty days of the date of the notice\\nof impending default judgment. If full payment shall not have been\\nreceived by the department within thirty days of mailing of the notice\\nof impending default judgment, the department shall proceed to enter\\nwith such court a statement of the default judgment containing the\\namount of the penalty or penalties remaining due and unpaid, along with\\nproof of mailing of the notice of impending default judgment. The filing\\nof such judgment shall have the full force and effect of a default\\njudgment duly docketed with such court pursuant to the civil practice\\nlaw and rules and shall in all respects be governed by that chapter and\\nmay be enforced in the same manner and with the same effect as that\\nprovided by law in respect to execution issued against property upon\\njudgments of a court of record. A judgment entered pursuant to this\\nsubdivision shall remain in full force and effect for eight years\\nnotwithstanding any other provision of law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A131", "title" : "Medicine", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131", "activeDate" : "2014-09-22", "sequenceNo" : 1577, "repealedDate" : null, "fromSection" : "6520", "toSection" : "6529", "text" : " ARTICLE 131\\n MEDICINE\\nSection 6520. Introduction.\\n 6521. Definition of practice of medicine.\\n 6522. Practice of medicine and use of title \"physician\".\\n 6523. State board for medicine.\\n 6524. Requirements for a professional license.\\n 6525. Limited permits.\\n 6526. Exempt persons.\\n 6527. Special provisions.\\n 6528. Qualification of certain applicants for licensure.\\n 6529. Power of board of regents regarding certain physicians.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6520", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6520", "activeDate" : "2014-09-22", "sequenceNo" : 1578, "repealedDate" : null, "fromSection" : "6520", "toSection" : "6520", "text" : " § 6520. Introduction. This article applies to the profession of\\nmedicine. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6521", "title" : "Definition of practice of medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6521", "activeDate" : "2014-09-22", "sequenceNo" : 1579, "repealedDate" : null, "fromSection" : "6521", "toSection" : "6521", "text" : " § 6521. Definition of practice of medicine. The practice of the\\nprofession of medicine is defined as diagnosing, treating, operating or\\nprescribing for any human disease, pain, injury, deformity or physical\\ncondition.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6522", "title" : "Practice of medicine and use of title \"physician\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6522", "activeDate" : "2014-09-22", "sequenceNo" : 1580, "repealedDate" : null, "fromSection" : "6522", "toSection" : "6522", "text" : " § 6522. Practice of medicine and use of title \"physician\". Only a\\nperson licensed or otherwise authorized under this article shall\\npractice medicine or use the title \"physician\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6523", "title" : "State board for medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "6523", "activeDate" : "2014-09-22", "sequenceNo" : 1581, "repealedDate" : null, "fromSection" : "6523", "toSection" : "6523", "text" : " § 6523. State board for medicine. A state board for medicine shall be\\nappointed by the board of regents on recommendation of the commissioner\\nfor the purpose of assisting the board of regents and the department on\\nmatters of professional licensing in accordance with section sixty-five\\nhundred eight of this title. The board shall be composed of not less\\nthan twenty physicians licensed in this state for at least five years,\\ntwo of whom shall be doctors of osteopathy. The board shall also consist\\nof not less than two physician's assistants licensed to practice in this\\nstate. The participation of physician's assistant members shall be\\nlimited to matters relating to article one hundred thirty-one-B of this\\nchapter. An executive secretary to the board shall be appointed by the\\nboard of regents on recommendation of the commissioner and shall be\\neither a physician licensed in this state or a non-physician, deemed\\nqualified by the commissioner and board of regents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6524", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6524", "activeDate" : "2014-09-22", "sequenceNo" : 1582, "repealedDate" : null, "fromSection" : "6524", "toSection" : "6524", "text" : " § 6524. Requirements for a professional license. To qualify for a\\nlicense as a physician, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a degree of\\ndoctor of medicine, \"M.D.\", or doctor of osteopathy, \"D.O.\", or\\nequivalent degree in accordance with the commissioner's regulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age; however, the\\ncommissioner may waive the age requirement for applicants who have\\nattained the age of eighteen and will be in a residency program until\\nthe age of twenty-one;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\nprovided, however that the board of regents may grant a three year\\nwaiver for an alien physician to practice in an area which has been\\ndesignated by the department as medically underserved, except that the\\nboard of regents may grant an additional extension not to exceed six\\nyears to an alien physician to enable him or her to secure citizenship\\nor permanent resident status, provided such status is being actively\\npursued; and provided further that the board of regents may grant an\\nadditional three year waiver, and at its expiration, an extension for a\\nperiod not to exceed six additional years, for the holder of an H-1b\\nvisa, an O-1 visa, or an equivalent or successor visa thereto;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred sixty dollars to the department for\\nadmission to a department conducted examination and for an initial\\nlicense, a fee of one hundred seventy-five dollars for each\\nreexamination, a fee of one hundred thirty-five dollars for an initial\\nlicense for persons not requiring admission to a department conducted\\nexamination, a fee of five hundred seventy dollars for any biennial\\nregistration period commencing August first, nineteen hundred ninety-six\\nand thereafter. The comptroller is hereby authorized and directed to\\ndeposit the fee for each biennial registration period into the special\\nrevenue funds-other entitled \"professional medical conduct account\" for\\nthe purpose of offsetting any expenditures made pursuant to section two\\nhundred thirty of the public health law in relation to the operation of\\nthe office of professional medical conduct within the department of\\nhealth, provided that for each biennial registration fee paid by the\\nlicensee using a credit card, the amount of the administrative fee\\nincurred by the department in processing such credit card transaction\\nshall be deposited by the comptroller in the office of the professions\\naccount established by section ninety-seven-nnn of the state finance\\nlaw. The amount of the funds expended as a result of such increase shall\\nnot be greater than such fees collected over the registration period.\\n (9) For every license or registration issued after the effective date\\nof this subdivision, an additional fee of thirty dollars shall be paid\\nand deposited in the special revenue fund entitled \"the professional\\nmedical conduct account\" for the purpose of offsetting any expenditures\\nmade pursuant to subdivision fifteen of section two hundred thirty of\\nthe public health law. The amount of such funds expended for such\\npurpose shall not be greater than such additional fees collected over\\nthe licensure period or for the duration of such program if less than\\nthe licensure period.\\n (10) A physician shall not be required to pay any fee under this\\nsection if he or she certifies to the department that for the period of\\nregistration or licensure, he or she shall only practice medicine\\nwithout compensation or the expectation or promise of compensation. The\\nfollowing shall not be considered compensation for the purposes of this\\nsubdivision: (a) nominal payment solely to enable the physician to be\\nconsidered an employee of a health care provider, or (b) providing\\nliability coverage to the physician relating to the services provided.\\n (11) No physician may be re-registered unless he or she, as part of\\nthe re-registration application, includes an attestation made under\\npenalty of perjury, in a form prescribed by the commissioner, that he or\\nshe has, within the six months prior to submission of the\\nre-registration application, updated his or her physician profile in\\naccordance with subdivision four of section twenty-nine hundred\\nninety-five-a of the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6525", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6525", "activeDate" : "2014-09-22", "sequenceNo" : 1583, "repealedDate" : null, "fromSection" : "6525", "toSection" : "6525", "text" : " § 6525. Limited permits. Permits limited as to eligibility, practice\\nand duration, shall be issued by the department to eligible applicants,\\nas follows:\\n 1. Eligibility: The following persons shall be eligible for a limited\\npermit:\\n (1) A person who fulfills all requirements for a license as a\\nphysician except those relating to the examination and citizenship or\\npermanent residence in the United States;\\n (2) A foreign physician who holds a standard certificate from the\\neducational council for foreign medical graduates or who has passed an\\nexamination satisfactory to the state board for medicine and in\\naccordance with the commissioner's regulations; or\\n (3) A foreign physician or a foreign intern who is in this country on\\na non-immigration visa for the continuation of medical study, pursuant\\nto the exchange student program of the United States department of\\nstate.\\n 2. Limit of practice. A permittee shall be authorized to practice\\nmedicine only under the supervision of a licensed physician and only in\\na public, voluntary, or proprietary hospital.\\n 3. Duration. A limited permit shall be valid for two years. It may be\\nrenewed biennially at the discretion of the department.\\n 4. Fees. The fee for each limited permit and for each renewal shall be\\none hundred five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6526", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11", "2019-07-05", "2019-09-06", "2023-06-23", "2025-01-10" ], "docLevelId" : "6526", "activeDate" : "2014-09-22", "sequenceNo" : 1584, "repealedDate" : null, "fromSection" : "6526", "toSection" : "6526", "text" : " § 6526. Exempt persons. The following persons under the following\\nlimitations may practice medicine within the state without a license:\\n 1. Any physician who is employed as a resident in a public hospital,\\nprovided such practice is limited to such hospital and is under the\\nsupervision of a licensed physician;\\n 2. Any physician who is licensed in a bordering state and who resides\\nnear a border of this state, provided such practice is limited in this\\nstate to the vicinity of such border and provided such physician does\\nnot maintain an office or place to meet patients or receive calls within\\nthis state;\\n 3. Any physician who is licensed in another state or country and who\\nis meeting a physician licensed in this state, for purposes of\\nconsultation, provided such practice is limited to such consultation;\\n 4. Any physician who is licensed in another state or country, who is\\nvisiting a medical school or teaching hospital in this state to receive\\nmedical instruction for a period not to exceed six months or to conduct\\nmedical instruction, provided such practice is limited to such\\ninstruction and is under the supervision of a licensed physician;\\n 5. Any physician who is authorized by a foreign government to practice\\nin relation to its diplomatic, consular or maritime staffs, provided\\nsuch practice is limited to such staffs;\\n 6. Any commissioned medical officer who is serving in the United\\nStates armed forces or public health service or any physician who is\\nemployed in the United States Veterans Administration, provided such\\npractice is limited to such service or employment;\\n 7. Any intern who is employed by a hospital and who is a graduate of a\\nmedical school in the United States or Canada, provided such practice is\\nlimited to such hospital and is under the supervision of a licensed\\nphysician; or\\n 8. Any medical student who is performing a clinical clerkship or\\nsimilar function in a hospital and who is matriculated in a medical\\nschool which meets standards satisfactory to the department, provided\\nsuch practice is limited to such clerkship or similar function in such\\nhospital.\\n 9. Any dentist or dental school graduate eligible for licensure in the\\nstate who administers anesthesia as part of a hospital residency program\\nestablished for the purpose of training dentists in anesthesiology.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6527", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-12-19", "2015-05-01", "2015-07-10", "2015-07-17", "2015-08-14", "2015-11-27", "2016-02-19", "2016-12-02", "2017-08-18", "2018-04-20", "2020-04-17", "2020-06-26", "2020-09-25", "2021-05-21", "2021-06-18", "2021-06-25", "2021-11-12", "2022-02-04", "2022-04-22", "2023-05-05", "2023-07-21", "2024-02-16", "2024-03-29", "2024-05-31", "2026-05-22", "2026-05-29" ], "docLevelId" : "6527", "activeDate" : "2014-09-22", "sequenceNo" : 1585, "repealedDate" : null, "fromSection" : "6527", "toSection" : "6527", "text" : " § 6527. Special provisions. 1. A not-for-profit medical or dental\\nexpense indemnity corporation or a hospital service corporation\\norganized under the insurance law may employ licensed physicians and\\nenter into contracts with partnerships or medical corporations organized\\nunder article forty-four of the public health law, health maintenance\\norganizations possessing a certificate of authority pursuant to article\\nforty-four of the public health law, professional corporations organized\\nunder article fifteen of the business corporation law or other groups of\\nphysicians to practice medicine on its behalf for persons insured under\\nits contracts or policies.\\n 2. Notwithstanding any inconsistent provision of any general, special\\nor local law, any licensed physician who voluntarily and without the\\nexpectation of monetary compensation renders first aid or emergency\\ntreatment at the scene of an accident or other emergency, outside a\\nhospital, doctor's office or any other place having proper and necessary\\nmedical equipment, to a person who is unconscious, ill or injured, shall\\nnot be liable for damages for injuries alleged to have been sustained by\\nsuch person or for damages for the death of such person alleged to have\\noccurred by reason of an act or omission in the rendering of such first\\naid or emergency treatment unless it is established that such injuries\\nwere or such death was caused by gross negligence on the part of such\\nphysician. Nothing in this subdivision shall be deemed or construed to\\nrelieve a licensed physician from liability for damages for injuries or\\ndeath caused by an act or omission on the part of a physician while\\nrendering professional services in the normal and ordinary course of his\\npractice.\\n 3. No individual who serves as a member of (a) a committee established\\nto administer a utilization review plan of a hospital, including a\\nhospital as defined in article twenty-eight of the public health law or\\na hospital as defined in subdivision ten of section 1.03 of the mental\\nhygiene law, or (b) a committee having the responsibility of the\\ninvestigation of an incident reported pursuant to section 29.29 of the\\nmental hygiene law or the evaluation and improvement of the quality of\\ncare rendered in a hospital as defined in article twenty-eight of the\\npublic health law or a hospital as defined in subdivision ten of section\\n1.03 of the mental hygiene law, or (c) any medical review committee or\\nsubcommittee thereof of a local, county or state medical, dental,\\npodiatry or optometrical society, any such society itself, a\\nprofessional standards review organization or an individual when such\\ncommittee, subcommittee, society, organization or individual is\\nperforming any medical or quality assurance review function including\\nthe investigation of an incident reported pursuant to section 29.29 of\\nthe mental hygiene law, either described in clauses (a) and (b) of this\\nsubdivision, required by law, or involving any controversy or dispute\\nbetween (i) a physician, dentist, podiatrist or optometrist or hospital\\nadministrator and a patient concerning the diagnosis, treatment or care\\nof such patient or the fees or charges therefor or (ii) a physician,\\ndentist, podiatrist or optometrist or hospital administrator and a\\nprovider of medical, dental, podiatric or optometrical services\\nconcerning any medical or health charges or fees of such physician,\\ndentist, podiatrist or optometrist, or (d) a committee appointed\\npursuant to section twenty-eight hundred five-j of the public health law\\nto participate in the medical and dental malpractice prevention program,\\nor (e) any individual who participated in the preparation of incident\\nreports required by the department of health pursuant to section\\ntwenty-eight hundred five-l of the public health law, or (f) a committee\\nestablished to administer a utilization review plan, or a committee\\nhaving the responsibility of evaluation and improvement of the quality\\nof care rendered, in a health maintenance organization organized under\\narticle forty-four of the public health law or article forty-three of\\nthe insurance law, including a committee of an individual practice\\nassociation or medical group acting pursuant to a contract with such a\\nhealth maintenance organization, shall be liable in damages to any\\nperson for any action taken or recommendations made, by him within the\\nscope of his function in such capacity provided that (a) such individual\\nhas taken action or made recommendations within the scope of his\\nfunction and without malice, and (b) in the reasonable belief after\\nreasonable investigation that the act or recommendation was warranted,\\nbased upon the facts disclosed.\\n Neither the proceedings nor the records relating to performance of a\\nmedical or a quality assurance review function or participation in a\\nmedical and dental malpractice prevention program nor any report\\nrequired by the department of health pursuant to section twenty-eight\\nhundred five-l of the public health law described herein, including the\\ninvestigation of an incident reported pursuant to section 29.29 of the\\nmental hygiene law, shall be subject to disclosure under article\\nthirty-one of the civil practice law and rules except as hereinafter\\nprovided or as provided by any other provision of law. No person in\\nattendance at a meeting when a medical or a quality assurance review or\\na medical and dental malpractice prevention program or an incident\\nreporting function described herein was performed, including the\\ninvestigation of an incident reported pursuant to section 29.29 of the\\nmental hygiene law, shall be required to testify as to what transpired\\nthereat. The prohibition relating to discovery of testimony shall not\\napply to the statements made by any person in attendance at such a\\nmeeting who is a party to an action or proceeding the subject matter of\\nwhich was reviewed at such meeting.\\n 4. This article shall not be construed to affect or prevent the\\nfollowing:\\n a. The furnishing of medical assistance in an emergency;\\n b. The practice of the religious tenets of any church;\\n c. A physician from refusing to perform an act constituting the\\npractice of medicine to which he is conscientiously opposed by reason of\\nreligious training and belief.\\n d. The organization of a medical corporation under article forty-four\\nof the public health law, the organization of a university faculty\\npractice corporation under section fourteen hundred twelve of the\\nnot-for-profit corporation law or the organization of a professional\\nservice corporation under article fifteen of the business corporation\\nlaw.\\n e. The physician's use of whatever medical care, conventional or\\nnon-conventional, which effectively treats human disease, pain, injury,\\ndeformity or physical condition.\\n 5. There shall be no monetary liability on the part of, and no cause\\nof action for damages shall arise against, any person, partnership,\\ncorporation, firm, society, or other entity on account of the\\ncommunication of information in the possession of such person or entity,\\nor on account of any recommendation or evaluation, regarding the\\nqualifications, fitness, or professional conduct or practices of a\\nphysician, to any governmental agency, medical or specialists society, a\\nhospital as defined in article twenty-eight of the public health law, a\\nhospital as defined in subdivision ten of section 1.03 of the mental\\nhygiene law, or a health maintenance organization organized under\\narticle forty-four of the public health law or article forty-three of\\nthe insurance law, including a committee of an individual practice\\nassociation or medical group acting pursuant to a contract with a health\\nmaintenance organization. The foregoing shall not apply to information\\nwhich is untrue and communicated with malicious intent.\\n 6. A licensed physician may prescribe and order a non-patient specific\\nregimen to a registered professional nurse, pursuant to regulations\\npromulgated by the commissioner, and consistent with the public health\\nlaw, for:\\n (a) administering immunizations.\\n (b) the emergency treatment of anaphylaxis.\\n (c) administering purified protein derivative (PPD) tests.\\n (d) administering tests to determine the presence of the human\\nimmunodeficiency virus.\\n * 7. (a) A licensed physician may prescribe and order a non-patient\\nspecific regimen to a licensed pharmacist, pursuant to regulations\\npromulgated by the commissioner, and consistent with the public health\\nlaw, for administering immunizations to prevent influenza or\\npneumococcal disease and medications required for emergency treatment of\\nanaphylaxis. Nothing in this subdivision shall authorize unlicensed\\npersons to administer immunizations, vaccines or other drugs.\\n (b) A licensed physician may prescribe and order a patient specific\\norder to a licensed pharmacist, pursuant to regulations promulgated by\\nthe commissioner, and consistent with the public health law, for\\nadministering immunizations to prevent acute herpes zoster.\\n (c) A licensed physician may prescribe and order a non-patient\\nspecific regimen to a licensed pharmacist, pursuant to regulations\\npromulgated by the commissioner, and consistent with the public health\\nlaw, for administering immunizations to prevent meningococcal disease.\\n * NB Effective until July 1, 2015\\n * 7. A licensed physician may prescribe and order a non-patient\\nspecific regimen to a licensed pharmacist, pursuant to regulations\\npromulgated by the commissioner, and consistent with the public health\\nlaw, for administering immunizations. Nothing in this subdivision shall\\nauthorize unlicensed persons to administer immunizations, vaccines or\\nother drugs.\\n * NB Effective July 1, 2015 until March 31, 2016\\n 8. Nothing in this article shall prohibit the provision of\\npsychotherapy as defined in subdivision two of section eighty-four\\nhundred one of this title to the extent permissible within the scope of\\npractice of medicine, by any not-for-profit corporation or education\\ncorporation providing services within the state of New York and\\noperating under a waiver pursuant to section sixty-five hundred three-a\\nof this title, provided that such entities offering such psychotherapy\\nservices shall only provide such services through an individual\\nappropriately licensed or otherwise authorized to provide such services\\nor a professional entity authorized by law to provide such services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6528", "title" : "Qualification of certain applicants for licensure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6528", "activeDate" : "2014-09-22", "sequenceNo" : 1586, "repealedDate" : null, "fromSection" : "6528", "toSection" : "6528", "text" : " § 6528. Qualification of certain applicants for licensure. (a)\\nNotwithstanding any other provisions of this article or any law to the\\ncontrary, an individual who at the time of his enrollment in a medical\\nschool outside the United States is a resident of the United States\\nshall be eligible for licensure in this state if he has satisfied the\\nrequirements of subdivisions one, five, six, seven and eight of section\\nsixty-five hundred twenty-four of this chapter and:\\n (1) has studied medicine in a medical school located outside the\\nUnited States which is recognized by the World Health Organization;\\n (2) has completed all of the formal requirements of the foreign\\nmedical school except internship and/or social service;\\n (3) has attained a score satisfactory to a medical school approved by\\nthe Liaison Committee on Medical Education on a qualifying examination\\nacceptable to the state board for medicine, and has satisfactorily\\ncompleted one academic year of supervised clinical training under the\\ndirection of such medical school;\\n (4) has completed the post-graduate hospital training required by the\\nBoard of all applicants for licensure; and\\n (5) has passed the examination required by the Board of all applicants\\nfor licensure.\\n (b) Satisfaction of the requirements of paragraphs (1), (2), and (3)\\nof subdivision (a) of this section shall be in lieu of the completion of\\nany foreign internship and/or social service requirements, and no such\\nrequirements shall be a condition of licensure as a physician in this\\nState.\\n (c) Satisfaction of the requirements of paragraphs (1), (2), and (3)\\nof subdivision (a) of this section shall be in lieu of certification by\\nthe Educational Council for Foreign Medical Graduates, and such\\ncertification shall not be a condition of licensure as a physician in\\nthis State for candidates who have completed the requirements of\\nsubdivision (a) of this section.\\n (d) No hospital licensed by this State, or operated by the State or a\\npolitical subdivision thereof, or which receives state financial\\nassistance, directly or indirectly, shall require an individual who has\\nsatisfied the requirements of paragraphs (1), (2), and (3) of\\nsubdivision (a) of this section, and who at the time of his enrollment\\nin a medical school outside the United States is a resident of the\\nUnited States, to satisfy any further education or examination\\nrequirements prior to commencing an internship or residency.\\n (e) A document granted by a medical school located outside the United\\nStates which is recognized by the World Health Organization issued after\\nthe completion of all the formal requirements of such foreign medical\\nschool except internship and/or social service shall, upon certification\\nby the medical school in which such training was received of\\nsatisfactory completion by the person to whom such document was issued\\nof the requirements listed in paragraph (3) of subdivision (a) of this\\nsection, be deemed the equivalent of a degree of doctor of medicine for\\npurposes of licensure and practice as a physician in this State.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6529", "title" : "Power of board of regents regarding certain physicians", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6529", "activeDate" : "2014-09-22", "sequenceNo" : 1587, "repealedDate" : null, "fromSection" : "6529", "toSection" : "6529", "text" : " § 6529. Power of board of regents regarding certain physicians.\\nNotwithstanding any provision of law to the contrary, the board of\\nregents is authorized, in its discretion, to confer the degree of doctor\\nof medicine (M.D.) upon physicians who are licensed pursuant to section\\nsixty-five hundred twenty-four or sixty-five hundred twenty-eight of\\nthis chapter. Each applicant shall pay a fee of three hundred dollars to\\nthe education department for the issuance of such degree.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A131-A", "title" : "Definitions of Professional Misconduct Applicable to Physicians, Physician's Assistants and Specialist's Assistants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-02-01", "2022-06-17" ], "docLevelId" : "131-A", "activeDate" : "2014-09-22", "sequenceNo" : 1588, "repealedDate" : null, "fromSection" : "6530", "toSection" : "6532", "text" : " ARTICLE 131-A\\n DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS,\\n PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS\\nSection 6530. Definitions of professional misconduct.\\n 6531. Additional definition of professional misconduct, limited\\n application.\\n 6532. Enforcement, administration and interpretation of this\\n article.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6530", "title" : "Definitions of professional misconduct", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-11", "2019-11-22", "2020-04-10", "2020-09-25", "2021-05-21", "2026-02-13" ], "docLevelId" : "6530", "activeDate" : "2014-09-22", "sequenceNo" : 1589, "repealedDate" : null, "fromSection" : "6530", "toSection" : "6530", "text" : " § 6530. Definitions of professional misconduct. Each of the following\\nis professional misconduct, and any licensee found guilty of such\\nmisconduct under the procedures prescribed in section two hundred thirty\\nof the public health law shall be subject to penalties as prescribed in\\nsection two hundred thirty-a of the public health law except that the\\ncharges may be dismissed in the interest of justice:\\n 1. Obtaining the license fraudulently;\\n 2. Practicing the profession fraudulently or beyond its authorized\\nscope;\\n 3. Practicing the profession with negligence on more than one\\noccasion;\\n 4. Practicing the profession with gross negligence on a particular\\noccasion;\\n 5. Practicing the profession with incompetence on more than one\\noccasion;\\n 6. Practicing the profession with gross incompetence;\\n 7. Practicing the profession while impaired by alcohol, drugs,\\nphysical disability, or mental disability;\\n 8. Being a habitual abuser of alcohol, or being dependent on or a\\nhabitual user of narcotics, barbiturates, amphetamines, hallucinogens,\\nor other drugs having similar effects, except for a licensee who is\\nmaintained on an approved therapeutic regimen which does not impair the\\nability to practice, or having a psychiatric condition which impairs the\\nlicensee's ability to practice;\\n 9. (a) Being convicted of committing an act constituting a crime\\nunder:\\n (i) New York state law or,\\n (ii) federal law or,\\n (iii) the law of another jurisdiction and which, if committed within\\nthis state, would have constituted a crime under New York state law;\\n (b) Having been found guilty of improper professional practice or\\nprofessional misconduct by a duly authorized professional disciplinary\\nagency of another state where the conduct upon which the finding was\\nbased would, if committed in New York state, constitute professional\\nmisconduct under the laws of New York state;\\n (c) Having been found guilty in an adjudicatory proceeding of\\nviolating a state or federal statute or regulation, pursuant to a final\\ndecision or determination, and when no appeal is pending, or after\\nresolution of the proceeding by stipulation or agreement, and when the\\nviolation would constitute professional misconduct pursuant to this\\nsection;\\n (d) Having his or her license to practice medicine revoked, suspended\\nor having other disciplinary action taken, or having his or her\\napplication for a license refused, revoked or suspended or having\\nvoluntarily or otherwise surrendered his or her license after a\\ndisciplinary action was instituted by a duly authorized professional\\ndisciplinary agency of another state, where the conduct resulting in the\\nrevocation, suspension or other disciplinary action involving the\\nlicense or refusal, revocation or suspension of an application for a\\nlicense or the surrender of the license would, if committed in New York\\nstate, constitute professional misconduct under the laws of New York\\nstate;\\n (e) Having been found by the commissioner of health to be in violation\\nof article thirty-three of the public health law;\\n 10. Refusing to provide professional service to a person because of\\nsuch person's race, creed, color or national origin;\\n 11. Permitting, aiding or abetting an unlicensed person to perform\\nactivities requiring a license;\\n 12. Practicing the profession while the license is suspended or\\ninactive as defined in subdivision thirteen of section two hundred\\nthirty of the public health law, or willfully failing to register or\\nnotify the department of education of any change of name or mailing\\naddress, or, if a professional service corporation, willfully failing to\\ncomply with sections fifteen hundred three and fifteen hundred fourteen\\nof the business corporation law or, if a university faculty practice\\ncorporation wilfully failing to comply with paragraphs (b), (c) and (d)\\nof section fifteen hundred three and section fifteen hundred fourteen of\\nthe business corporation law;\\n 13. A willful violation by a licensee of subdivision eleven of section\\ntwo hundred thirty of the public health law;\\n 14. A violation of section twenty-eight hundred three-d, twenty-eight\\nhundred five-k or subparagraph (ii) of paragraph (h) of subdivision ten\\nof section two hundred thirty of the public health law; or\\n 15. Failure to comply with an order issued pursuant to subdivision\\nseven, paragraph (a) of subdivision ten, and subdivision seventeen of\\nsection two hundred thirty of the public health law;\\n 16. A willful or grossly negligent failure to comply with substantial\\nprovisions of federal, state, or local laws, rules, or regulations\\ngoverning the practice of medicine;\\n 17. Exercising undue influence on the patient, including the promotion\\nof the sale of services, goods, appliances, or drugs in such manner as\\nto exploit the patient for the financial gain of the licensee or of a\\nthird party;\\n 18. Directly or indirectly offering, giving, soliciting, or receiving\\nor agreeing to receive, any fee or other consideration to or from a\\nthird party for the referral of a patient or in connection with the\\nperformance of professional services;\\n 19. Permitting any person to share in the fees for professional\\nservices, other than: a partner, employee, associate in a professional\\nfirm or corporation, professional subcontractor or consultant authorized\\nto practice medicine, or a legally authorized trainee practicing under\\nthe supervision of a licensee. This prohibition shall include any\\narrangement or agreement whereby the amount received in payment for\\nfurnishing space, facilities, equipment or personnel services used by a\\nlicensee constitutes a percentage of, or is otherwise dependent upon,\\nthe income or receipts of the licensee from such practice, except as\\notherwise provided by law with respect to a facility licensed pursuant\\nto article twenty-eight of the public health law or article thirteen of\\nthe mental hygiene law;\\n 20. Conduct in the practice of medicine which evidences moral\\nunfitness to practice medicine;\\n 21. Willfully making or filing a false report, or failing to file a\\nreport required by law or by the department of health or the education\\ndepartment, or willfully impeding or obstructing such filing, or\\ninducing another person to do so;\\n 22. Failing to make available to a patient, upon request, copies of\\ndocuments in the possession or under the control of the licensee which\\nhave been prepared for and paid for by the patient or client;\\n 23. Revealing of personally identifiable facts, data, or information\\nobtained in a professional capacity without the prior consent of the\\npatient, except as authorized or required by law;\\n 24. Practicing or offering to practice beyond the scope permitted by\\nlaw, or accepting and performing professional responsibilities which the\\nlicensee knows or has reason to know that he or she is not competent to\\nperform, or performing without adequate supervision professional\\nservices which the licensee is authorized to perform only under the\\nsupervision of a licensed professional, except in an emergency situation\\nwhere a person's life or health is in danger;\\n 25. Delegating professional responsibilities to a person when the\\nlicensee delegating such responsibilities knows or has reason to know\\nthat such person is not qualified, by training, by experience, or by\\nlicensure, to perform them;\\n 25-a. With respect to any non-emergency treatment, procedure or\\nsurgery which is expected to involve local or general anesthesia,\\nfailing to disclose to the patient the identities of all physicians,\\nexcept medical residents in certified training programs, podiatrists and\\ndentists, reasonably anticipated to be actively involved in such\\ntreatment, procedure or surgery and to obtain such patient's informed\\nconsent to said practitioners' participation;\\n 26. Performing professional services which have not been duly\\nauthorized by the patient or his or her legal representative;\\n 27. Advertising or soliciting for patronage that is not in the public\\ninterest. (a) Advertising or soliciting not in the public interest shall\\ninclude, but not be limited to, advertising or soliciting that: (i) is\\nfalse, fraudulent, deceptive, misleading, sensational, or flamboyant;\\n (ii) represents intimidation or undue pressure;\\n (iii) uses testimonials;\\n (iv) guarantees any service;\\n (v) makes any claim relating to professional services or products or\\nthe costs or price therefor which cannot be substantiated by the\\nlicensee, who shall have the burden of proof;\\n (vi) makes claims of professional superiority which cannot be\\nsubstantiated by the licensee, who shall have the burden of proof; or\\n (vii) offers bonuses or inducements in any form other than a discount\\nor reduction in an established fee or price for a professional service\\nor product.\\n (b) The following shall be deemed appropriate means of informing the\\npublic of the availability of professional services: (i) informational\\nadvertising not contrary to the foregoing prohibitions; and\\n (ii) the advertising in a newspaper, periodical or professional\\ndirectory or on radio or television of fixed prices, or a stated range\\nof prices, for specified routine professional services, provided that if\\nthere is an additional charge for related services which are an integral\\npart of the overall service being provided by the licensee, the\\nadvertisement shall so state, and provided further that the\\nadvertisement indicates the period of time for which the advertised\\nprices shall be in effect.\\n (c)(i) All licensees placing advertisements shall maintain, or cause\\nto be maintained, an exact copy of each advertisement, transcript, tape\\nor video tape thereof as appropriate for the medium used, for a period\\nof one year after its last appearance. This copy shall be made avail-\\nable for inspection upon demand of the department of health;\\n (ii) A licensee shall not compensate or give anything of value to rep-\\nresentatives of the press, radio, television or other communications\\nmedia in anticipation of or in return for professional publicity in a\\nnews item;\\n (d) No demonstrations, dramatizations or other portrayals of\\nprofessional practice shall be permitted in advertising on radio or\\ntelevision;\\n 28. Failing to respond within thirty days to written communications\\nfrom the department of health and to make available any relevant records\\nwith respect to an inquiry or complaint about the licensee's\\nprofessional misconduct. The period of thirty days shall commence on the\\ndate when such communication was delivered personally to the licensee.\\nIf the communication is sent from the department of health by registered\\nor certified mail, with return receipt requested, to the address\\nappearing in the last registration, the period of thirty days shall\\ncommence on the date of delivery to the licensee, as indicated by the\\nreturn receipt;\\n 29. Violating any term of probation or condition or limitation imposed\\non the licensee pursuant to section two hundred thirty of the public\\nhealth law;\\n 30. Abandoning or neglecting a patient under and in need of immediate\\nprofessional care, without making reasonable arrangements for the\\ncontinuation of such care, or abandoning a professional employment by a\\ngroup practice, hospital, clinic or other health care facility, without\\nreasonable notice and under circumstances which seriously impair the\\ndelivery of professional care to patients or clients;\\n 31. Willfully harassing, abusing, or intimidating a patient either\\nphysically or verbally;\\n 32. Failing to maintain a record for each patient which accurately\\nreflects the evaluation and treatment of the patient, provided, however,\\nthat a physician who transfers an original mammogram to a medical\\ninstitution, or to a physician or health care provider of the patient,\\nor to the patient directly, as otherwise provided by law, shall have no\\nobligation under this section to maintain the original or a copy\\nthereof. Unless otherwise provided by law, all patient records must be\\nretained for at least six years. Obstetrical records and records of\\nminor patients must be retained for at least six years, and until one\\nyear after the minor patient reaches the age of eighteen years;\\n 33. Failing to exercise appropriate supervision over persons who are\\nauthorized to practice only under the supervision of the licensee;\\n 34. Guaranteeing that satisfaction or a cure will result from the\\nperformance of professional services;\\n 35. Ordering of excessive tests, treatment, or use of treatment\\nfacilities not warranted by the condition of the patient;\\n 36. Claiming or using any secret or special method of treatment which\\nthe licensee refused to divulge to the department of health;\\n 37. Failing to wear an identifying badge, which shall be conspicuously\\ndisplayed and legible, indicating the practitioner's name and\\nprofessional title authorized pursuant to this chapter, while practicing\\nas an employee or operator of a hospital, clinic, group practice or\\nmulti-professional facility, or at a commercial establishment offering\\nhealth services to the public;\\n 38. Entering into an arrangement or agreement with a pharmacy for the\\ncompounding and/or dispensing of coded or specially marked\\nprescriptions;\\n 39. With respect to all professional practices conducted under an\\nassumed name, other than facilities licensed pursuant to article\\ntwenty-eight of the public health law or article thirteen of the mental\\nhygiene law, failing to post conspicuously at the site of such practice\\nthe name and licensure field of all of the principal professional\\nlicensees engaged in the practice at that site (i.e., principal\\npartners, officers or principal shareholders);\\n 40. Failing to provide access by qualified persons to patient\\ninformation in accordance with the standards set forth in section\\neighteen of the public health law as added by chapter 497 of the laws of\\n1986;\\n 41. Knowingly or willfully performing a complete or partial autopsy on\\na deceased person without lawful authority;\\n 42. Failing to comply with a signed agreement to practice medicine in\\nNew York state in an area designated by the commissioner of education as\\nhaving a shortage of physicians or refusing to repay medical education\\ncosts in lieu of such required service, or failing to comply with any\\nprovision of a written agreement with the state or any municipality\\nwithin which the licensee has agreed to provide medical service, or\\nrefusing to repay funds in lieu of such service as consideration of\\nawards made by the state or any municipality thereof for his or her\\nprofessional education in medicine, or failing to comply with any\\nagreement entered into to aid his or her medical education;\\n 43. Failing to complete forms or reports required for the\\nreimbursement of a patient by a third party. Reasonable fees may be\\ncharged for such forms or reports, but prior payment for the\\nprofessional services to which such forms or reports relate may not be\\nrequired as a condition for making such forms or reports available;\\n 44. In the practice of psychiatry, (a) any physical contact of a\\nsexual nature between licensee and patient except the use of films\\nand/or other audiovisual aids with individuals or groups in the\\ndevelopment of appropriate responses to overcome sexual dysfunction and\\n(b) in therapy groups, activities which promote explicit physical sexual\\ncontact between group members during sessions; and\\n 45. In the practice of ophthalmology, failing to provide a patient,\\nupon request, with the patient's prescription including the name,\\naddress, and signature of the prescriber and the date of the\\nprescription.\\n 46. A violation of section two hundred thirty-nine of the public\\nhealth law by a professional.\\n 47. Failure to use scientifically accepted barrier precautions and\\ninfection control practices as established by the department of health\\npursuant to section two hundred thirty-a of the public health law.\\n 48. A violation of section two hundred thirty-d of the public health\\nlaw or the regulations of the commissioner of health enacted thereunder.\\n 49. Except for good cause shown, failing to provide within one day any\\nrelevant records or other information requested by the state or local\\ndepartment of health with respect to an inquiry into a report of a\\ncommunicable disease as defined in the state sanitary code, or HIV/AIDS.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6531", "title" : "Additional definition of professional misconduct, limited application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6531", "activeDate" : "2014-09-22", "sequenceNo" : 1590, "repealedDate" : null, "fromSection" : "6531", "toSection" : "6531", "text" : " § 6531. Additional definition of professional misconduct, limited\\napplication. Notwithstanding any inconsistent provision of this article\\nor any other provisions of law to the contrary, the license or\\nregistration of a person subject to the provisions of this article and\\narticle one hundred thirty-one-B of this chapter may be revoked,\\nsuspended, or annulled or such person may be subject to any other\\npenalty provided in section two hundred thirty-a of the public health\\nlaw in accordance with the provisions and procedures of this article for\\nthe following:\\n That any person subject to the above-enumerated articles has directly\\nor indirectly requested, received or participated in the division,\\ntransference, assignment, rebate, splitting, or refunding of a fee for,\\nor has directly requested, received or profited by means of a credit or\\nother valuable consideration as a commission, discount or gratuity, in\\nconnection with the furnishing of professional care or service,\\nincluding x-ray examination and treatment, or for or in connection with\\nthe sale, rental, supplying, or furnishing of clinical laboratory\\nservices or supplies, x-ray laboratory services or supplies, inhalation\\ntherapy service or equipment, ambulance service, hospital or medical\\nsupplies, physiotherapy or other therapeutic service or equipment,\\nartificial limbs, teeth or eyes, orthopedic or surgical appliances or\\nsupplies, optical appliances, supplies, or equipment, devices for aid of\\nhearing, drugs, medication, or medical supplies, or any other goods,\\nservices, or supplies prescribed for medical diagnosis, care, or\\ntreatment under this chapter, except payment, not to exceed thirty-three\\nand one-third percent of any fee received for x-ray examination,\\ndiagnosis, or treatment, to any hospital furnishing facilities for such\\nexamination, diagnosis, or treatment. Nothing contained in this section\\nshall prohibit such persons from practicing as partners, in groups or as\\na professional corporation or as a university faculty practice\\ncorporation, nor from pooling fees and moneys received, either by the\\npartnerships, professional corporations, or university faculty practice\\ncorporations or groups by the individual members thereof, for\\nprofessional services furnished by an individual professional member, or\\nemployee of such partnership, corporation, or group, nor shall the\\nprofessionals constituting the partnerships, corporations or groups be\\nprohibited from sharing, dividing, or apportioning the fees and moneys\\nreceived by them or by the partnership, corporation, or group in\\naccordance with a partnership or other agreement; provided that no such\\npractice as partners, corporations, or groups, or pooling of fees or\\nmoneys received or shared, division or apportionment of fees shall be\\npermitted with respect to and treatment under the workers' compensation\\nlaw. Nothing contained in this chapter shall prohibit a corporation\\nlicensed pursuant to article forty-three of the insurance law pursuant\\nto its contract with the subscribed from prorationing a medical or\\ndental expenses indemnity allowance among two or more professionals in\\nproportion to the services rendered by each such professional at the\\nrequest of the subscriber, provided that prior to payment thereof such\\nprofessionals shall submit both to the corporation licensed pursuant to\\narticle forty-three of the insurance law and to the subscriber\\nstatements itemizing the services rendered by each such professional and\\nthe charges therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6532", "title" : "Enforcement, administration and interpretation of this article", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6532", "activeDate" : "2014-09-22", "sequenceNo" : 1591, "repealedDate" : null, "fromSection" : "6532", "toSection" : "6532", "text" : " § 6532. Enforcement, administration and interpretation of this\\narticle. The board of professional medical conduct and the department\\nof health shall enforce, administer and interpret this article. Before\\nissuing a declaratory ruling pursuant to section two hundred four of the\\nstate administrative procedure act with respect to this article, the\\ndepartment of health shall fully consult with the department of\\neducation. Neither the commissioner of education, the board of regents\\nnor the commissioner of health may promulgate any rules or regulations\\nconcerning this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A131-B", "title" : "Physician Assistants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-B", "activeDate" : "2014-09-22", "sequenceNo" : 1592, "repealedDate" : null, "fromSection" : "6540", "toSection" : "6546", "text" : " ARTICLE 131-B\\n PHYSICIAN ASSISTANTS\\nSection 6540. Definitions.\\n 6541. Requirements for license.\\n 6542. Performance of medical services.\\n 6543. Construction.\\n 6544. Regulations.\\n 6545. Emergency services rendered by physician assistant.\\n 6546. Limited permits.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6540", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6540", "activeDate" : "2014-09-22", "sequenceNo" : 1593, "repealedDate" : null, "fromSection" : "6540", "toSection" : "6540", "text" : " § 6540. Definitions. As used in this article: 1. Physician assistant.\\nThe term \"physician assistant\" means a person who is licensed as a\\nphysician assistant pursuant to this article.\\n 2. Physician. The term \"physician\" means a practitioner of medicine\\nlicensed to practice medicine pursuant to article one hundred thirty-one\\nof this chapter.\\n 3. Approved program. The term \"approved program\" means a program for\\nthe education of physician assistants which has been formerly approved\\nby the department.\\n 4. Hospital. The term \"hospital\" means an institution or facility\\npossessing a valid operating certificate issued pursuant to article\\ntwenty-eight of the public health law and authorized to employ physician\\nassistants in accordance with rules and regulations of the public health\\nand health planning council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6541", "title" : "Requirements for license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6541", "activeDate" : "2014-09-22", "sequenceNo" : 1594, "repealedDate" : null, "fromSection" : "6541", "toSection" : "6541", "text" : " § 6541. Requirements for license. 1. To qualify for a license as a\\nphysician assistant, each person shall pay a fee of one hundred fifteen\\ndollars to the department for admission to a department conducted\\nexamination, a fee of forty-five dollars for each reexamination and a\\nfee of seventy dollars for persons not requiring admission to a\\ndepartment conducted examination and shall also submit satisfactory\\nevidence, verified by oath or affirmation, that he or she:\\n (a) at the time of application is at least twenty-one years of age;\\n (b) is of good moral character;\\n (c) has received an education including a bachelor's or equivalent\\ndegree in accordance with the commissioner's regulations;\\n (d) has satisfactorily completed an approved program for the training\\nof physician assistants. The approved program for the training of\\nphysician assistants shall include not less than forty weeks of\\nsupervised clinical training and thirty-two credit hours of classroom\\nwork. Applicants for a license as a physician assistant who have\\ncompleted an approved program leading to a bachelor's degree or\\nequivalent in physician assistant studies shall be deemed to have\\nsatisfied this paragraph. The commissioner is empowered to determine\\nwhether an applicant possesses equivalent education and training, such\\nas experience as a nurse or military corpsman, which may be accepted in\\nlieu of all or part of an approved program; and\\n (e) in the case of an applicant for a license as a physician\\nassistant, has obtained a passing score on an examination acceptable to\\nthe department.\\n 2. The department shall furnish to each person applying for a license\\npursuant to this section an application form calling for such\\ninformation as the department deems necessary and shall issue to each\\napplicant who satisfies the requirements of subdivision one of this\\nsection a license as a physician assistant in a particular medical\\nspecialty for the period expiring December thirty-first of the first\\nodd-numbered year terminating subsequent to the issuance of such\\nlicense.\\n 3. Every licensee shall apply to the department for a renewal of his\\nor her license. The department shall mail to every licensed physician\\nassistant an application form for renewal, addressed to the licensee's\\npost office address on file with the department. Upon receipt of such\\napplication properly executed, together with evidence of satisfactory\\ncompletion of such continuing education requirements as may be\\nestablished by the commissioner of health pursuant to section\\nthirty-seven hundred one of the public health law, the department shall\\nissue a renewal. Renewal periods shall be triennial and the renewal fee\\nshall be forty-five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6542", "title" : "Performance of medical services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29", "2025-02-28", "2026-05-29" ], "docLevelId" : "6542", "activeDate" : "2014-09-22", "sequenceNo" : 1595, "repealedDate" : null, "fromSection" : "6542", "toSection" : "6542", "text" : " § 6542. Performance of medical services. 1. Notwithstanding any other\\nprovision of law, a physician assistant may perform medical services,\\nbut only when under the supervision of a physician and only when such\\nacts and duties as are assigned to him or her are within the scope of\\npractice of such supervising physician.\\n 2. Supervision shall be continuous but shall not be construed as\\nnecessarily requiring the physical presence of the supervising physician\\nat the time and place where such services are performed.\\n 3. No physician shall employ or supervise more than four physician\\nassistants in his or her private practice.\\n 4. Nothing in this article shall prohibit a hospital from employing\\nphysician assistants provided they work under the supervision of a\\nphysician designated by the hospital and not beyond the scope of\\npractice of such physician. The numerical limitation of subdivision\\nthree of this section shall not apply to services performed in a\\nhospital.\\n 5. Notwithstanding any other provision of this article, nothing shall\\nprohibit a physician employed by or rendering services to the department\\nof corrections and community supervision under contract from supervising\\nno more than six physician assistants in his or her practice for the\\ndepartment of corrections and community supervision.\\n 6. Notwithstanding any other provision of law, a trainee in an\\napproved program may perform medical services when such services are\\nperformed within the scope of such program.\\n 7. Nothing in this article, or in article thirty-seven of the public\\nhealth law, shall be construed to authorize physician assistants to\\nperform those specific functions and duties specifically delegated by\\nlaw to those persons licensed as allied health professionals under the\\npublic health law or this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6543", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6543", "activeDate" : "2014-09-22", "sequenceNo" : 1596, "repealedDate" : null, "fromSection" : "6543", "toSection" : "6543", "text" : " § 6543. Construction. Only a person licensed as a physician assistant\\nby the department may use the title \"physician assistant\" or the letters\\n\"P.A.\" after his or her name.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6544", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6544", "activeDate" : "2014-09-22", "sequenceNo" : 1597, "repealedDate" : null, "fromSection" : "6544", "toSection" : "6544", "text" : " § 6544. Regulations. The commissioner may promulgate such other\\nregulations as are necessary to carry out the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6545", "title" : "Emergency services rendered by physician assistant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6545", "activeDate" : "2014-09-22", "sequenceNo" : 1598, "repealedDate" : null, "fromSection" : "6545", "toSection" : "6545", "text" : " § 6545. Emergency services rendered by physician assistant.\\nNotwithstanding any inconsistent provision of any general, special or\\nlocal law, any physician assistant properly licensed in this state who\\nvoluntarily and without the expectation of monetary compensation renders\\nfirst aid or emergency treatment at the scene of an accident or other\\nemergency, outside a hospital, doctor's office or any other place having\\nproper and necessary medical equipment, to a person who is unconscious,\\nill or injured, shall not be liable for damages for injuries alleged to\\nhave been sustained by such person or for damages for the death of such\\nperson alleged to have occurred by reason of an act or omission in the\\nrendering of such first aid or emergency treatment unless it is\\nestablished that such injuries were or such death was caused by gross\\nnegligence on the part of such physician assistant. Nothing in this\\nsection shall be deemed or construed to relieve a licensed physician\\nassistant from liability for damages for injuries or death caused by an\\nact or omission on the part of a physician assistant while rendering\\nprofessional services in the normal and ordinary course of his or her\\npractice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6546", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6546", "activeDate" : "2014-09-22", "sequenceNo" : 1599, "repealedDate" : null, "fromSection" : "6546", "toSection" : "6546", "text" : " § 6546. Limited permits. Permits limited as to eligibility, practice\\nand duration, shall be issued by the department to eligible applicants,\\nas follows:\\n 1. Eligibility. A person who fulfills all requirements to be licensed\\nas a physician assistant except that relating to the examination shall\\nbe eligible for a limited permit.\\n 2. Limit of practice. A permittee shall be authorized to practice as a\\nphysician assistant only under the direct supervision of a physician.\\n 3. Duration. A limited permit shall expire one year from the date of\\nissuance or upon notice to the permittee by the department that the\\napplication for a license has been denied. A limited permit shall be\\nextended upon application for one additional year, provided that the\\npermittee's request for such extension is endorsed by a physician who\\neither has supervised or will supervise the permittee, except that such\\nextension may be denied by the department for cause which shall be\\nstated in writing. If the permittee is awaiting the results of a\\nlicensing examination at the time such limited permit expires, such\\npermit shall continue to be valid until ten days after notification to\\nthe permittee of the result of such examination.\\n 4. Fees. The fee for each limited permit shall be one hundred five\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A131-C", "title" : "Specialist Assistants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-C", "activeDate" : "2014-09-22", "sequenceNo" : 1600, "repealedDate" : null, "fromSection" : "6547", "toSection" : "6549-B", "text" : " ARTICLE 131-C\\n SPECIALIST ASSISTANTS\\nSection 6547. Definitions.\\n 6548. Registration.\\n 6549. Performance of medical services.\\n 6549-a. Construction.\\n 6549-b. Regulations.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6547", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6547", "activeDate" : "2014-09-22", "sequenceNo" : 1601, "repealedDate" : null, "fromSection" : "6547", "toSection" : "6547", "text" : " § 6547. Definitions. As used in this article:\\n 1. Specialist assistant. The term \"specialist assistant\" means a\\nperson who is registered pursuant to this article as a specialist\\nassistant for a particular medical specialty as defined by regulations\\npromulgated by the commissioner of health pursuant to section\\nthirty-seven hundred eleven of the public health law.\\n 2. Physician. The term \"physician\" means a practitioner of medicine\\nlicensed to practice medicine pursuant to article one hundred thirty-one\\nof this chapter.\\n 3. Approved program. The term \"approved program\" means a program for\\nthe education of specialist assistants which has been approved by the\\ndepartment.\\n 4. Hospital. The term \"hospital\" means an institution or facility\\npossessing a valid operating certificate issued pursuant to article\\ntwenty-eight of the public health law and authorized to employ\\nspecialist assistants in accordance with rules and regulations of the\\npublic health and health planning council.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6548", "title" : "Registration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6548", "activeDate" : "2014-09-22", "sequenceNo" : 1602, "repealedDate" : null, "fromSection" : "6548", "toSection" : "6548", "text" : " § 6548. Registration. 1. To qualify for registration as a specialist\\nassistant, each person shall pay a fee of one hundred fifteen dollars to\\nthe department for admission to a department conducted examination, a\\nfee of forty-five dollars for each reexamination and a fee of seventy\\ndollars for persons not requiring admission to a department conducted\\nexamination and shall also submit satisfactory evidence, verified by\\noath or affirmation, that he or she:\\n (a) at the time of application is at least twenty-one years of age;\\n (b) is of good moral character;\\n (c) has successfully completed a four-year course of study in a\\nsecondary school approved by the board of regents or has passed an\\nequivalency test; and\\n (d) has satisfactorily completed an approved program for the training\\nof specialist assistants.\\n 2. The department shall furnish to each person applying for\\nregistration hereunder an application form calling for such information\\nas the department deems necessary and shall issue to each applicant who\\nsatisfies the requirements of subdivision one of this section a\\ncertificate of registration as specialist assistant in a particular\\nmedical specialty for the period expiring December thirty-first of the\\nfirst odd-numbered year terminating subsequent to such registration.\\n 3. Every registrant shall apply to the department for a certificate of\\nregistration. The department shall mail to every registered specialist\\nassistant an application form for registration, addressed to the\\nregistrant's post office address on file with the department. Upon\\nreceipt of such application properly executed, together with evidence of\\nsatisfactory completion of such continuing education requirements as may\\nbe established by the commissioner of health pursuant to section\\nthirty-seven hundred eleven of the public health law, the department\\nshall issue a certificate of registration. Registration periods shall be\\ntriennial and the registration fee shall be forty-five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6549", "title" : "Performance of medical services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6549", "activeDate" : "2014-09-22", "sequenceNo" : 1603, "repealedDate" : null, "fromSection" : "6549", "toSection" : "6549", "text" : " § 6549. Performance of medical services. 1. Notwithstanding any other\\nprovision of law, a specialist assistant may perform medical services,\\nbut only when under the supervision of a physician and only when such\\nacts and duties as are assigned to him or her are related to the\\ndesignated medical speciality for which he or she is registered and are\\nwithin the scope of practice of his or her supervising physician.\\n 2. Supervision shall be continuous but shall not be construed as\\nnecessarily requiring the physical presence of the supervising physician\\nat the time and place where such services are performed.\\n 3. No physician shall employ or supervise more than two specialist\\nassistants in his or her private practice.\\n 4. Nothing in this article shall prohibit a hospital from employing\\nspecialist assistants provided they work under the supervision of a\\nphysician designated by the hospital and not beyond the scope of\\npractice of such physician. The numerical limitation of subdivision\\nthree of this section shall not apply to services performed in a\\nhospital.\\n 5. Notwithstanding any other provision of this article, nothing shall\\nprohibit a physician employed by or rendering services to the department\\nof correctional services under contract from supervising no more than\\nfour specialist assistants in his or her practice for the department of\\ncorrections and community supervision.\\n 6. Notwithstanding any other provision of law, a trainee in an\\napproved program may perform medical services when such services are\\nperformed within the scope of such program.\\n 7. Nothing in this article or in article thirty-seven-A of the public\\nhealth law, shall be construed to authorize specialist assistants to\\nperform those specific functions and duties specifically delegated by\\nlaw to those persons licensed as allied health professionals under the\\npublic health law or this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6549-A", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6549-A", "activeDate" : "2014-09-22", "sequenceNo" : 1604, "repealedDate" : null, "fromSection" : "6549-A", "toSection" : "6549-A", "text" : " § 6549-a. Construction. Only a person registered as a specialist\\nassistant by the department may use the title \"registered specialist\\nassistant\" or the letters \"R.S.A.\" after his or her name.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6549-B", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6549-B", "activeDate" : "2014-09-22", "sequenceNo" : 1605, "repealedDate" : null, "fromSection" : "6549-B", "toSection" : "6549-B", "text" : " § 6549-b. Regulations. The commissioner may promulgate such other\\nregulations as are necessary to carry out the purposes of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A132", "title" : "Chiropractic", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "132", "activeDate" : "2014-09-22", "sequenceNo" : 1606, "repealedDate" : null, "fromSection" : "6550", "toSection" : "6556", "text" : " ARTICLE 132\\n CHIROPRACTIC\\nSection 6550. Introduction.\\n 6551. Definition of practice of chiropractic.\\n 6552. Practice of chiropractic and use of title\\n \"chiropractor\".\\n 6553. State board for chiropractic.\\n 6554. Requirements for a professional license.\\n 6554-a. Mandatory continuing education for chiropractors.\\n 6555. Exempt persons.\\n 6556. Special provisions.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6550", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6550", "activeDate" : "2014-09-22", "sequenceNo" : 1607, "repealedDate" : null, "fromSection" : "6550", "toSection" : "6550", "text" : " § 6550. Introduction. This article applies to the profession of\\nchiropractic. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6551", "title" : "Definition of practice of chiropractic", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6551", "activeDate" : "2014-09-22", "sequenceNo" : 1608, "repealedDate" : null, "fromSection" : "6551", "toSection" : "6551", "text" : " § 6551. Definition of practice of chiropractic. 1. The practice of\\nthe profession of chiropractic is defined as detecting and correcting by\\nmanual or mechanical means structural imbalance, distortion, or\\nsubluxations in the human body for the purpose of removing nerve\\ninterference and the effects thereof, where such interference is the\\nresult of or related to distortion, misalignment or subluxation of or in\\nthe vertebral column.\\n 2. a. A license to practice as a chiropractor shall not permit the\\nholder thereof to use radio-therapy, fluoroscopy, or any form of\\nionizing radiation except X-ray which shall be used for the detection of\\nstructural imbalance, distortion, or subluxations in the human body.\\n b. The requirements and limitations with respect to the use of X-ray\\nby chiropractors shall be enforced by the state commissioner of health\\nand he is authorized to promulgate rules and regulations after\\nconferring with the board to carry out the purposes of this subdivision.\\n c. Chiropractors shall retain for a period of three years all X-ray\\nfilms taken in the course of their practice, together with the records\\npertaining thereto, and shall make such films and records available to\\nthe state commissioner of health or his representative on demand.\\n 3. A license to practice chiropractic shall not permit the holder\\nthereof to treat for any infectious diseases such as pneumonia, any\\ncommunicable diseases listed in the sanitary code of the state of New\\nYork, any of the cardio-vascular-renal or cardio-pulmonary diseases, any\\nsurgical condition of the abdomen such as acute appendicitis, or\\ndiabetes, or any benign or malignant neoplasms; to operate; to reduce\\nfractures or dislocations; to prescribe, administer, dispense or use in\\nhis practice drugs or medicines; or to use diagnostic or therapeutic\\nmethods involving chemical or biological means except diagnostic\\nservices performed by clinical laboratories which services shall be\\napproved by the board as appropriate to the practice of chiropractic; or\\nto utilize electrical devices except those devices approved by the board\\nas being appropriate to the practice of chiropractic. Nothing herein\\nshall be construed to prohibit a licensed chiropractor who has\\nsuccessfully completed a registered doctoral program in chiropractic,\\nwhich contains courses of study in nutrition satisfactory to the\\ndepartment, from using nutritional counseling, including the dispensing\\nof food concentrates, food extracts, vitamins, minerals, and other\\nnutritional supplements approved by the board as being appropriate to,\\nand as a part of, his or her practice of chiropractic. Nothing herein\\nshall be construed to prohibit an individual who is not subject to\\nregulation in this state as a licensed chiropractor from engaging in\\nnutritional counseling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6552", "title" : "Practice of chiropractic and use of title \"chiropractor\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6552", "activeDate" : "2014-09-22", "sequenceNo" : 1609, "repealedDate" : null, "fromSection" : "6552", "toSection" : "6552", "text" : " § 6552. Practice of chiropractic and use of title \"chiropractor\".\\nOnly a person licensed or exempt under this article shall practice\\nchiropractic or use the title \"chiropractor\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6553", "title" : "State board for chiropractic", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6553", "activeDate" : "2014-09-22", "sequenceNo" : 1610, "repealedDate" : null, "fromSection" : "6553", "toSection" : "6553", "text" : " § 6553. State board for chiropractic. A state board for chiropractic\\nshall be appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents and the\\ndepartment on matters of professional licensing and professional conduct\\nin accordance with section sixty-five hundred eight of this title. The\\nboard shall be composed of not less than seven members, including at\\nleast four licensed chiropractors, one licensed physician who is a\\ndoctor of medicine, one licensed physician who is a doctor of\\nosteopathy, and one educator who holds a doctorate or equivalent degree\\nin either anatomy, physiology, pathology, chemistry or microbiology. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6554", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6554", "activeDate" : "2014-09-22", "sequenceNo" : 1611, "repealedDate" : null, "fromSection" : "6554", "toSection" : "6554", "text" : " § 6554. Requirements for a professional license. To qualify for a\\nlicense as a chiropractor, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including two years of\\npreprofessional college study and completion of a four-year resident\\nprogram in chiropractic, in accordance with the commissioner's\\nregulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations:\\n (4) Examination: pass examinations satisfactory to the board and in\\naccordance with the commissioner's regulations, in clinical chiropractic\\nanalysis, the practice of chiropractic, X-ray as it relates to\\nchiropractic analysis, and examinations satisfactory to the department\\nin anatomy, physiology, pathology, chemistry, microbiology, diagnosis,\\nand the use and effect of X-ray;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred seventy-five dollars to the\\ndepartment for admission to a department conducted examination and for\\nan initial license, a fee of eighty-five dollars for each reexamination,\\na fee of one hundred fifteen dollars for an initial license for persons\\nnot requiring admission to a department conducted examination, and a fee\\nof one hundred fifty-five dollars for each triennial registration\\nperiod.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6554-A", "title" : "Mandatory continuing education for chiropractors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6554-A", "activeDate" : "2014-09-22", "sequenceNo" : 1612, "repealedDate" : null, "fromSection" : "6554-A", "toSection" : "6554-A", "text" : " § 6554-a. Mandatory continuing education for chiropractors. 1. (a)\\nEach chiropractor licensed pursuant to this article, required to\\nregister triennially with the department to practice in this state,\\nshall comply with the provisions of the mandatory continuing education\\nrequirements, except as set forth in paragraphs (b) and (c) of this\\nsubdivision. Chiropractors who do not satisfy the mandatory continuing\\neducation requirements shall not practice until they have met such\\nrequirements and have been issued a registration or conditional\\nregistration certificate.\\n (b) Chiropractors shall be exempt from the mandatory continuing\\neducation requirement for the triennial registration period during which\\nthey are first licensed. In accordance with the intent of this section,\\nadjustments to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health, certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed chiropractor not engaged in chiropractic practice as an\\nindividual practitioner, a partner or a partnership, a shareholder of a\\nprofessional service corporation, as an employee of such practice units,\\nor as an employee of a facility operating pursuant to article\\ntwenty-eight of the public health law, or as otherwise determined by the\\ndepartment, shall be exempt from the mandatory continuing education\\nrequirement upon the filing of a statement with the department declaring\\nsuch status. Any licensee who returns to the public practice of\\nchiropractic during the triennial registration period shall notify the\\ndepartment prior to reentering the profession and shall meet such\\nmandatory continuing education requirements as shall be promulgated by\\nregulation of the commissioner in consultation with the board.\\n (d) Nothing in this section shall be construed as enabling or\\nauthorizing the department or state board for chiropractic to require or\\nimplement continuing competency testing or continued competency\\ncertification for chiropractors.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete thirty-six hours of acceptable formal\\ncontinuing education, a maximum of twelve hours of which may be\\nself-instructional coursework as approved by the department in\\nconsultation with the board. Any chiropractor whose first registration\\ndate following the effective date of this section occurs less than three\\nyears from such effective date, but on or after January first, two\\nthousand four, shall complete continuing education hours on a prorated\\nbasis at the rate of one hour per month for the period beginning January\\nfirst, two thousand four up to the first registration date thereafter. A\\nlicensee who has not satisfied the mandatory continuing education\\nrequirements shall not be issued a triennial registration certificate by\\nthe department and shall not practice unless and until a conditional\\nregistration certificate is issued as provided in subdivision three of\\nthis section. The individual licensee shall determine the selection of\\ncourses or programs of study pursuant to subdivision four of this\\nsection. Continuing education hours taken during one triennium may not\\nbe carried over or otherwise credited or transferred to a subsequent\\ntriennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and take any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\ncomplete the required continued education and who continues to practice\\nchiropractic without such registration may be subject to disciplinary\\nproceedings pursuant to section sixty-five hundred ten of this title.\\n 4. As used in this section, \"acceptable formal continuing education\"\\nshall mean formal programs of learning which are sponsored or presented\\nby a New York state chiropractic professional organization, national\\nchiropractic professional organization or higher educational\\ninstitution, and which meet the following requirements: contain subject\\nmatter which contributes to the enhancement of professional and clinical\\nskills of the chiropractor and is approved as acceptable continuing\\neducation by a chiropractic college recognized by the Commission on\\nAccreditation of the Council of Chiropractic Education to fulfill the\\nmandatory continuing education requirements, and which meets the\\nstandards prescribed by regulations of the commissioner in consultation\\nwith the board to fulfill the mandatory continuing education\\nrequirement.\\n 5. Chiropractors shall certify at each triennial registration as to\\nhaving satisfied the mandatory continuing education requirements of this\\nsection, shall maintain adequate documentation of completion of\\nacceptable formal continuing education to support such certification and\\nshall provide such documentation to the department upon request. Failure\\nto provide such documentation upon request of the department shall be an\\nact of misconduct subject to disciplinary proceedings pursuant to\\nsection sixty-five hundred ten of this title.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be in addition to the triennial\\nregistration fee required by section sixty-five hundred fifty-four of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6555", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6555", "activeDate" : "2014-09-22", "sequenceNo" : 1613, "repealedDate" : null, "fromSection" : "6555", "toSection" : "6555", "text" : " § 6555. Exempt persons. Nothing in this article shall be construed to\\naffect or prevent a student enrolled in a college of chiropractic in\\nthis state from engaging in all phases of clinical practice under\\nsupervision of a licensed chiropractor or physician in a curriculum\\nregistered by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6556", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6556", "activeDate" : "2014-09-22", "sequenceNo" : 1614, "repealedDate" : null, "fromSection" : "6556", "toSection" : "6556", "text" : " § 6556. Special provisions. 1. Any chiropractor who holds a license\\nstating that the holder is not authorized to use X-ray in his practice\\nshall on each registration, continue to obtain a license so marked. Any\\nchiropractor holding such a license may obtain a license permitting the\\nuse of X-ray provided he first passes an examination in the use and\\neffect of X-ray satisfactory to the board and the department.\\n 2. An applicant who graduated from a school of chiropractic prior to\\nJanuary first, nineteen hundred sixty-eight need not meet the two-year\\npreprofessional college study requirement provided for in subdivision\\ntwo of section sixty-five hundred fifty-four.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A133", "title" : "Dentistry and Dental Hygiene", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-10-25" ], "docLevelId" : "133", "activeDate" : "2014-09-22", "sequenceNo" : 1615, "repealedDate" : null, "fromSection" : "6600", "toSection" : "6613", "text" : " ARTICLE 133\\n DENTISTRY AND DENTAL HYGIENE\\nSection 6600. Introduction.\\n 6601. Definition of practice of dentistry.\\n 6602. Practice of dentistry and use of title \"dentist\".\\n 6603. State board for dentistry.\\n 6604. Requirements for a license as a dentist.\\n 6604-a. Mandatory continuing education for dentists.\\n 6604-b. Restricted dental faculty license.\\n 6605. Limited permits.\\n 6605-a. Dental anesthesia certificate.\\n 6605-b. Dental hygiene restricted local infiltration\\n anesthesia/nitrous oxide analgesia certificate.\\n 6606. Definition of practice of dental hygiene.\\n 6607. Practice of dental hygiene and use of title \"dental\\n hygienist\".\\n 6608. Definition of practice of certified dental assisting.\\n 6608-a. Practice of certified dental assisting and use of title\\n \"certified dental assistant\".\\n 6608-b. Requirements for certification as a certified dental\\n assistant.\\n 6608-c. Exempt persons.\\n 6608-d. Limited permits.\\n 6609. Requirements for a license as a dental hygienist.\\n 6609-a. Mandatory continuing education for dental hygienists.\\n 6609-b. Limited permit to practice dental hygiene.\\n 6610. Exempt persons.\\n 6611. Special provisions.\\n 6612. Identification of removable full or partial prosthetic\\n devices.\\n 6613. Nitrous oxide equipment.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6600", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-25" ], "docLevelId" : "6600", "activeDate" : "2014-09-22", "sequenceNo" : 1616, "repealedDate" : null, "fromSection" : "6600", "toSection" : "6600", "text" : " § 6600. Introduction. This article applies to the professions of\\ndentistry and dental hygiene. The general provisions for all\\nprofessions contained in article one hundred thirty of this title apply\\nto this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6601", "title" : "Definition of practice of dentistry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6601", "activeDate" : "2014-09-22", "sequenceNo" : 1617, "repealedDate" : null, "fromSection" : "6601", "toSection" : "6601", "text" : " § 6601. Definition of practice of dentistry. The practice of the\\nprofession of dentistry is defined as diagnosing, treating, operating,\\nor prescribing for any disease, pain, injury, deformity, or physical\\ncondition of the oral and maxillofacial area related to restoring and\\nmaintaining dental health. The practice of dentistry includes the\\nprescribing and fabrication of dental prostheses and appliances. The\\npractice of dentistry may include performing physical evaluations in\\nconjunction with the provision of dental treatment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6602", "title" : "Practice of dentistry and use of title \"dentist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6602", "activeDate" : "2014-09-22", "sequenceNo" : 1618, "repealedDate" : null, "fromSection" : "6602", "toSection" : "6602", "text" : " § 6602. Practice of dentistry and use of title \"dentist\". Only a\\nperson licensed or otherwise authorized to practice under this article\\nshall practice dentistry or use the title \"dentist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6603", "title" : "State board for dentistry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-25" ], "docLevelId" : "6603", "activeDate" : "2014-09-22", "sequenceNo" : 1619, "repealedDate" : null, "fromSection" : "6603", "toSection" : "6603", "text" : " § 6603. State board for dentistry. A state board for dentistry shall\\nbe appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents and the\\ndepartment on matters of professional licensing and professional conduct\\nin accordance with section sixty-five hundred eight of this title. The\\nboard shall be composed of not less than thirteen dentists licensed in\\nthis state for at least five years, not less than three dental\\nhygienists licensed in this state for at least five years, and not less\\nthan one certified dental assistant licensed in this state for at least\\none year. An executive secretary to the board shall be appointed by the\\nboard of regents on recommendation of the commissioner and shall be a\\ndentist licensed in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6604", "title" : "Requirements for a license as a dentist", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-11-25", "2022-12-16" ], "docLevelId" : "6604", "activeDate" : "2014-09-22", "sequenceNo" : 1620, "repealedDate" : null, "fromSection" : "6604", "toSection" : "6604", "text" : " § 6604. Requirements for a license as a dentist. To qualify for a\\nlicense as a dentist, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a doctoral degree\\nin dentistry, in accordance with the commissioner's regulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations, provided that such\\nexperience shall consist of satisfactory completion of a\\nclinically-based postdoctoral general practice or specialty dental\\nresidency program, of at least one year's duration, in a hospital or\\ndental facility accredited for teaching purposes by a national\\naccrediting body approved by the department, provided, further that any\\nsuch residency program shall include a formal outcome assessment\\nevaluation of the resident's competence to practice dentistry acceptable\\nto the department;\\n (4) Examination: pass a written examination satisfactory to the board\\nand in accordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\nprovided, however, that the board of regents may grant a three year\\nwaiver for an alien to practice in an area which has been designated a\\nfederal dental health professions shortage area, except that the board\\nof regents may grant an additional extension not to exceed six years to\\nan alien to enable him or her to secure citizenship or permanent\\nresident status, provided such status is being actively pursued;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred thirty-five dollars for an initial license for\\npersons not requiring admission to a department conducted examination,\\nand a fee of two hundred ten dollars for each triennial registration\\nperiod.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6604-A", "title" : "Mandatory continuing education for dentists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6604-A", "activeDate" : "2014-09-22", "sequenceNo" : 1621, "repealedDate" : null, "fromSection" : "6604-A", "toSection" : "6604-A", "text" : " § 6604-a. Mandatory continuing education for dentists. 1. (a) Each\\ndentist, licensed pursuant to this article, required to register\\ntriennially with the department to practice in this state shall comply\\nwith the provisions of the mandatory continuing education requirements,\\nexcept as set forth in paragraphs (b) and (c) of this subdivision.\\nDentists who do not satisfy the mandatory continuing education\\nrequirements shall not practice until they have met such requirements\\nand have been issued a registration or conditional registration\\ncertificate.\\n (b) Dentists shall be exempt from the mandatory continuing education\\nrequirement for the triennial registration period during which they are\\nfirst licensed. In accordance with the intent of this section,\\nadjustments to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health, certified by a\\nphysician, for extended active duty with the armed forces of the United\\nStates, or for other good cause acceptable to the department which may\\nprevent compliance.\\n (c) A licensed dentist not engaged in public practice as an individual\\npractitioner, a partner of a partnership, a shareholder of a\\nprofessional service corporation, or an employee of such practice units,\\nshall be exempt from the mandatory continuing education requirement upon\\nthe filing of a statement with the department declaring such status. Any\\nlicensee who returns to the public practice of dentistry during the\\ntriennial registration period shall notify the department prior to\\nreentering the profession and shall meet such mandatory continuing\\neducation requirements as shall be prescribed by regulation of the\\ncommissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of sixty hours of acceptable\\nformal continuing education, a maximum of eighteen hours of which may be\\nself-instructional coursework as approved by the department. Beginning\\nwith the first registration renewal period for any dentist occurring on\\nor after January first, two thousand two, and before the occurrence of\\nthe second registration renewal period following that date, a dentist\\nshall have completed on a one-time basis, as part of the sixty hours of\\nacceptable formal continuing education required by this section, no\\nfewer than two hours of coursework and training regarding the chemical\\nand related effects and usage of tobacco and tobacco products and the\\nrecognition, diagnosis, and treatment of the oral health effects,\\nincluding but not limited to cancers and other diseases, caused by\\ntobacco and tobacco products, provided that any dentist who provides\\nwritten proof satisfactory to the department that the dentist has\\ncompleted, at any time subsequent to the effective date of this section,\\nan approved mandatory continuing education course of not less than two\\nhours in the same or substantially similar subject matter shall be\\ndeemed to have met this requirement, and further provided that dentists\\nwho are exempt from the mandatory continuing education requirement for\\nthe triennial registration period during which they are first licensed\\nshall also be exempt from this requirement for that period. Any dentist\\nwhose first registration date following the effective date of this\\nsection occurs less than three years from such effective date, but on or\\nafter January first, nineteen hundred ninety-eight and before July\\nfirst, two thousand eight, shall complete continuing education hours on\\na prorated basis at the rate of one and one-quarter hours per month for\\nthe period beginning January first, nineteen hundred ninety-seven up to\\nthe first registration date thereafter. For any registration period\\nbeginning before July first, two thousand eight and ending on or after\\nsuch date, each dentist shall complete continuing education hours on a\\npro rata basis at a rate of one and one-quarter hours per month for the\\nperiod ending June thirtieth, two thousand eight and at a rate of one\\nand two-thirds hours per month for the period beginning July first, two\\nthousand eight up to the first registration date thereafter. A licensee\\nwho has not satisfied the mandatory continuing education requirements\\nshall not be issued a triennial registration certificate by the\\ndepartment and shall not practice unless and until a conditional\\nregistration certificate is issued as provided in subdivision three of\\nthis section. The individual licensee shall determine the selection of\\ncourses or programs of study pursuant to subdivision four of this\\nsection.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and take any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department. Any licensee who is notified of\\nthe denial of registration for failure to submit evidence, satisfactory\\nto the department, of completion of required continuing education and\\nwho practices dentistry without such registration, may be subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis title.\\n 4. As used in this section, \"acceptable formal continuing education\"\\nshall mean formal programs of learning which contribute to professional\\npractice and which meet the standards prescribed by regulations of the\\ncommissioner. To fulfill the mandatory continuing education requirement,\\nprograms must be taken from sponsors having at least one full-time\\nemployee and the facilities, equipment, and financial and physical\\nresources to provide continuing education courses, approved by the\\ndepartment, pursuant to the regulations of the commissioner.\\n 5. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section six thousand six hundred four of\\nthis article.\\n 6. On or after the effective date of this subdivision, and no later\\nthan the end of the first registration period commencing on or after\\nsuch date during which he or she is required to comply with the\\ncontinuing education requirements of this section, each dentist shall\\nhave completed on a one-time basis, as part of the mandatory hours of\\nacceptable formal continuing education required by this section, no\\nfewer than three hours in a course approved by the department in dental\\njurisprudence and ethics, which shall include the laws, rules,\\nregulations and ethical principles relating to the practice of dentistry\\nin New York state, provided that postgraduate dental students enrolled\\nin New York state dental residency programs may satisfy the requirements\\nof this subdivision by taking such an approved course during the period\\nof their dental residency prior to their initial licensure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6604-B", "title" : "Restricted dental faculty license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-11-11", "2017-08-18", "2018-10-05", "2019-10-25", "2022-12-16" ], "docLevelId" : "6604-B", "activeDate" : "2014-09-22", "sequenceNo" : 1622, "repealedDate" : null, "fromSection" : "6604-B", "toSection" : "6604-B", "text" : " * § 6604-b. Restricted dental faculty license. 1. The department may\\nissue a restricted dental faculty license to a full-time faculty member\\nemployed at an approved New York state school of dentistry. The holder\\nof such restricted dental faculty license shall have the authority to\\npractice dentistry, as defined in this article, but such practice of\\ndentistry shall be limited to the school's facilities or the school's\\nclinics, or facilities or clinics with relationships to the school\\nconfirmed by formal affiliation agreements. Nothing in this section\\nshall be construed to authorize such holder of a restricted dental\\nfaculty license to engage in the private practice of dentistry at any\\nother site.\\n 2. To qualify for a restricted dental faculty license the applicant\\nshall present satisfactory evidence of the following:\\n (a) The completion of a total of no less than six academic years of\\npre-professional and professional education, including:\\n i. courses in general chemistry, organic chemistry, biology or zoology\\nand physics; and\\n ii. not less than four academic years of professional dental education\\nsatisfactory to the department culminating in a degree, diploma or\\ncertificate in dentistry recognized by the appropriate civil authorities\\nof the jurisdiction in which the school is located as acceptable for\\nentry into practice in the jurisdiction in which the school is located.\\n (b) Within the last five years, have two years of satisfactory\\npractice as a dentist or have satisfactorily completed an advanced\\neducation program in general dentistry or in a dental specialty,\\nprovided such program is accredited by an organization accepted by the\\ndepartment as a reliable authority for the purpose of accrediting such\\nprograms (such as the commission on dental accreditation); and\\n (c) Possesses good moral character as determined by the department.\\n 3. The dean of the dental school shall notify the department in\\nwriting upon the submission of an initial license application and yearly\\nthereafter that the holder of the dental faculty license is employed\\nfull-time at the dental school. Full-time employment means the holder of\\nsuch dental faculty license devotes at least four full working days per\\nweek in teaching or patient care, research or administrative duties at\\nthe dental school where employed. The dean of the dental school and the\\nholder of such dental faculty license shall each notify the department\\nin writing within thirty days of the termination of full-time\\nemployment.\\n 4. In order to continue to practice dentistry, the holder of a\\nrestricted dental faculty license shall apply for and hold a current\\ntriennial registration which shall be subject to the same registration\\nrequirements as apply to holders of unrestricted dental licenses, except\\nthat such registration shall be issued only upon the submission of\\ndocumentation satisfactory to the department of the holder's continued\\nstatus as a full-time dental faculty member, provided that such\\nregistration shall immediately terminate and the holder shall no longer\\nbe authorized to practice if the holder ceases to be a full-time dental\\nfaculty member at an approved New York state school of dentistry.\\n 5. The holder of this restricted dental faculty license shall be\\nsubject to the professional misconduct provisions set forth in article\\none hundred thirty of this chapter and in the rules of the board of\\nregents and the regulations of the commissioner.\\n 6. The fee for each restricted dental faculty license shall be three\\nhundred dollars, and the fee for initial registration and each\\nsubsequent re-registration shall be three hundred dollars.\\n 7. In order to be eligible for a restricted dental faculty license an\\napplicant must be a United States citizen or an alien lawfully admitted\\nfor permanent residence in the United States; provided, however, that\\nthe department may grant a three year waiver for an alien who otherwise\\nmeets all other requirements for a restricted dental faculty license\\nexcept that the department may grant an additional extension not to\\nexceed six years to an alien to enable him or her to secure citizenship\\nor permanent resident status, provided such status is being actively\\npursued. No current faculty member shall be displaced by the holder of a\\nrestricted dental faculty license.\\n * NB Repealed February 1, 2017\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6605", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6605", "activeDate" : "2014-09-22", "sequenceNo" : 1623, "repealedDate" : null, "fromSection" : "6605", "toSection" : "6605", "text" : " § 6605. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit to a graduate of a dental college\\nwho meets the educational qualifications for admission to the licensing\\nexamination in dentistry for employment in a hospital or dental facility\\napproved by an appropriate agency, while under the direction or\\nsupervision of a licensed dentist. No such permit shall be issued or\\nrenewed unless such graduate has a bona fide offer of a position in such\\na hospital or dental facility.\\n 2. On recommendation of the board, the department may issue a limited\\npermit for instructing in dentistry to a dentist not licensed under this\\narticle to be employed by a registered school of dentistry or dental\\nhygiene to instruct and supervise clinical dentistry or dental hygiene\\nfor students in such a registered school in the state, and in so doing\\nto practice dentistry as defined in this article, but only on the\\npremises of such registered school or such other premises as may be used\\nfor instruction in the program of education conducted by such\\ninstitution. No person shall be permitted or authorized to instruct and\\nsupervise clinical dentistry for students unless such person is licensed\\nin this state or holds the foregoing limited permit for instructing in\\ndentistry.\\n 3. The holder of a limited permit under this section may practice\\ndentistry, as defined in this article, but only in the performance of\\nduties required by the position for which the limited permit is issued.\\nNothing in this section shall be construed to authorize such unlicensed\\ndentist to engage in the private practice of dentistry.\\n 4. A limited permit under this section shall be valid for one year or\\nuntil ten days after notification of denial of an application for\\nlicense. A limited permit may be renewed for one year, except if the\\napplicant is serving in a residency program in a hospital or school of\\ndentistry in this state. A limited permit may be renewed annually for\\nthe duration of such residency program. The fee for each limited permit\\nand for each renewal shall be one hundred five dollars.\\n 5. Notwithstanding subdivision one of this section, dental school\\ngraduates who meet the license requirement for education pursuant to\\nsubdivision two of section sixty-six hundred four of this article shall\\nbe deemed to be exempt persons pursuant to section sixty-six hundred ten\\nof this article and shall not be required to obtain a limited permit,\\nprovided that they are employed in an approved residency program for the\\npurpose of fulfilling initial licensure requirements pursuant to section\\nsixty-six hundred four of this article. Not later than sixty days after\\nentry into an approved residency program, the dental resident shall\\nregister on a form acceptable to the commissioner and pay to the\\ndepartment a residency registration fee established by the department,\\nwhich residency registration fee shall be reasonable and shall not\\nexceed the limited permit fee specified in subdivision four of this\\nsection. All persons deemed exempt pursuant to this section shall be\\nsubject to all provisions of article one hundred thirty of this title,\\nincluding but not limited to having disciplinary action taken against\\ntheir residency registration status.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6605-A", "title" : "Dental anesthesia certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6605-A", "activeDate" : "2014-09-22", "sequenceNo" : 1624, "repealedDate" : null, "fromSection" : "6605-A", "toSection" : "6605-A", "text" : " § 6605-a. Dental anesthesia certificate. 1. A licensed dentist shall\\nnot employ conscious sedation, deep sedation or general anesthesia in\\nthe practice of dentistry, at any location other than a general\\nhospital, without a dental anesthesia certificate issued by the\\ndepartment.\\n 2. The commissioner shall promulgate regulations, establishing\\nstandards and procedures for the issuance of certificates. Such\\nstandards shall require completion of an educational program and/or\\ncourse of training or experience sufficient to ensure that a dentist is\\nspecifically trained in the use and administration of conscious\\nsedation, deep sedation or general anesthesia and in the possible\\neffects of such use, and in the recognition of and response to possible\\nemergency situations. Such regulations may also establish standards and\\nsafeguards for the use of conscious sedation, deep sedation or general\\nanesthesia.\\n 3. Nothing in this section shall limit a dentist's use of local\\nanesthesia, a dentist's use of nitrous oxide, or a dentist's use of any\\nother substance or agent for a purpose other than achieving deep\\nsedation, conscious sedation, or general anesthesia.\\n 4. The fee for a dental anesthesia certificate shall be one hundred\\ndollars and shall be paid on a triennial basis upon renewal of such\\ncertificate. A certificate may be suspended or revoked in the same\\nmanner as a license to practice dentistry.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6605-B", "title" : "Dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-05-13" ], "docLevelId" : "6605-B", "activeDate" : "2014-09-22", "sequenceNo" : 1625, "repealedDate" : null, "fromSection" : "6605-B", "toSection" : "6605-B", "text" : " § 6605-b. Dental hygiene restricted local infiltration\\nanesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist\\nshall not administer or monitor nitrous oxide analgesia or local\\ninfiltration anesthesia in the practice of dental hygiene without a\\ndental hygiene restricted local infiltration anesthesia/nitrous oxide\\nanalgesia certificate and except under the personal supervision of a\\ndentist and in conjunction with the performance of dental hygiene\\nprocedures authorized by law and in accordance with regulations\\npromulgated by the commissioner. Personal supervision, for purposes of\\nthis section, means that the supervising dentist remains in the dental\\noffice where the local infiltration anesthesia or nitrous oxide\\nanalgesia services are being performed, personally authorizes and\\nprescribes the use of local infiltration anesthesia or nitrous oxide\\nanalgesia for the patient and, before dismissal of the patient,\\npersonally examines the condition of the patient after the use of local\\ninfiltration anesthesia or nitrous oxide analgesia is completed. It is\\nprofessional misconduct for a dentist to fail to provide the supervision\\nrequired by this section, and any dentist found guilty of such\\nmisconduct under the procedures prescribed in section sixty-five hundred\\nten of this title shall be subject to the penalties prescribed in\\nsection sixty-five hundred eleven of this title.\\n 2. The commissioner shall promulgate regulations establishing\\nstandards and procedures for the issuance of such certificate. Such\\nstandards shall require completion of an educational program and/or\\ncourse of training or experience sufficient to ensure that a dental\\nhygienist is specifically trained in the administration and monitoring\\nof nitrous oxide analgesia and local infiltration anesthesia, the\\npossible effects of such use, and in the recognition of and response to\\npossible emergency situations.\\n 3. The fee for a dental hygiene restricted local infiltration\\nanesthesia/nitrous oxide analgesia certificate shall be twenty-five\\ndollars and shall be paid on a triennial basis upon renewal of such\\ncertificate. A certificate may be suspended or revoked in the same\\nmanner as a license to practice dental hygiene.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6606", "title" : "Definition of practice of dental hygiene", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09", "2025-12-26", "2026-02-20" ], "docLevelId" : "6606", "activeDate" : "2014-09-22", "sequenceNo" : 1626, "repealedDate" : null, "fromSection" : "6606", "toSection" : "6606", "text" : " § 6606. Definition of practice of dental hygiene. * 1. The practice of\\nthe profession of dental hygiene is defined as the performance of dental\\nservices which shall include removing calcareous deposits, accretions\\nand stains from the exposed surfaces of the teeth which begin at the\\nepithelial attachment and applying topical agents indicated for a\\ncomplete dental prophylaxis, removing cement, placing or removing rubber\\ndam, removing sutures, placing matrix band, providing patient education,\\napplying topical medication, placing and exposing X-ray films,\\nperforming topical fluoride applications and topical anesthetic\\napplications, polishing teeth, taking medical history, charting caries,\\ntaking impressions for study casts, placing and removing temporary\\nrestorations, administering and monitoring nitrous oxide analgesia and\\nadministering and monitoring local infiltration anesthesia, subject to\\ncertification in accordance with section sixty-six hundred five-b of\\nthis article, and any other function in the definition of the practice\\nof dentistry as may be delegated by a licensed dentist in accordance\\nwith regulations promulgated by the commissioner. The practice of dental\\nhygiene may be conducted in the office of any licensed dentist or in any\\nappropriately equipped school or public institution but must be done\\nunder the supervision of a licensed dentist.\\n * NB Effective until January 1, 2015\\n * 1. The practice of the profession of dental hygiene is defined as\\nthe performance of dental services which shall include removing\\ncalcareous deposits, accretions and stains from the exposed surfaces of\\nthe teeth which begin at the epithelial attachment and applying topical\\nagents indicated for a complete dental prophylaxis, removing cement,\\nplacing or removing rubber dam, removing sutures, placing matrix band,\\nproviding patient education, applying topical medication, placing and\\nexposing diagnostic dental X-ray films, performing topical fluoride\\napplications and topical anesthetic applications, polishing teeth,\\ntaking medical history, charting caries, taking impressions for study\\ncasts, placing and removing temporary restorations, administering and\\nmonitoring nitrous oxide analgesia and administering and monitoring\\nlocal infiltration anesthesia, subject to certification in accordance\\nwith section sixty-six hundred five-b of this article, and any other\\nfunction in the definition of the practice of dentistry as may be\\ndelegated by a licensed dentist in accordance with regulations\\npromulgated by the commissioner. The practice of dental hygiene may be\\nconducted in the office of any licensed dentist or in any appropriately\\nequipped school or public institution but must be done either under the\\nsupervision of a licensed dentist or, in the case of a registered dental\\nhygienist working for a hospital as defined in article twenty-eight of\\nthe public health law, pursuant to a collaborative arrangement with a\\nlicensed and registered dentist who has a formal relationship with the\\nsame hospital in accordance with regulations promulgated by the\\ndepartment in consultation with the department of health. Such\\ncollaborative arrangement shall not obviate or supersede any law or\\nregulation which requires identified services to be performed under the\\npersonal supervision of a dentist. When dental hygiene services are\\nprovided pursuant to a collaborative agreement, such dental hygienist\\nshall instruct individuals to visit a licensed dentist for comprehensive\\nexamination or treatment.\\n * NB Effective January 1, 2015\\n 2. The commissioner shall promulgate regulations defining the\\nfunctions a dental hygienist may perform that are consistent with the\\ntraining and qualifications for a license as a dental hygienist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6607", "title" : "Practice of dental hygiene and use of title \"dental hygienist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6607", "activeDate" : "2014-09-22", "sequenceNo" : 1627, "repealedDate" : null, "fromSection" : "6607", "toSection" : "6607", "text" : " § 6607. Practice of dental hygiene and use of title \"dental\\nhygienist\". Only a person licensed under section sixty-six hundred nine\\nof this article or exempt shall practice dental hygiene or use the title\\n\"dental hygienist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6608", "title" : "Definition of practice of certified dental assisting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09", "2019-10-25", "2022-08-19", "2024-11-22", "2026-02-20", "2026-03-06" ], "docLevelId" : "6608", "activeDate" : "2014-09-22", "sequenceNo" : 1628, "repealedDate" : null, "fromSection" : "6608", "toSection" : "6608", "text" : " * § 6608. Definition of practice of certified dental assisting. The\\npractice of certified dental assisting is defined as providing\\nsupportive services to a dentist in his/her performance of dental\\nservices authorized under this article. Such support shall include\\nproviding patient education, taking preliminary medical histories and\\nvital signs to be reviewed by the dentist, placing and removing rubber\\ndams, selecting and prefitting provisional crowns, selecting and\\nprefitting orthodontic bands, removing orthodontic arch wires and\\nligature ties, placing and removing matrix bands, taking impressions for\\nstudy casts or diagnostic casts, removing periodontal dressings, and\\nsuch other dental supportive services authorized by the dentist\\nconsistent with regulations promulgated by the commissioner, provided\\nthat such functions are performed under the direct personal supervision\\nof a licensed dentist in the course of the performance of dental\\nservices. Such services shall not include diagnosing and/or performing\\nsurgical procedures, irreversible procedures or procedures that would\\nalter the hard or soft tissue of the oral and maxillofacial area or any\\nother procedures determined by the department. The practice of certified\\ndental assisting may be conducted in the office of any licensed dentist\\nor in any appropriately equipped school or public institution but must\\nbe done under the direct personal supervision of a licensed dentist.\\nDirect personal supervision, for purposes of this section, means\\nsupervision of dental procedures based on instructions given by a\\nlicensed dentist in the course of a procedure who remains in the dental\\noffice where the supportive services are being performed, personally\\ndiagnoses the condition to be treated, personally authorizes the\\nprocedures, and before dismissal of the patient, who remains the\\nresponsibility of the licensed dentist, evaluates the services performed\\nby the dental assistant. Nothing herein authorizes a dental assistant to\\nperform any of the services or functions defined as part of the practice\\nof dental hygiene in accordance with the provisions of subdivision one\\nof section sixty-six hundred six of this article, except those functions\\nauthorized pursuant to this section. All dental supportive services\\nprovided in this section may be performed by currently registered dental\\nhygienists under a dentist's supervision, as defined in regulations of\\nthe commissioner.\\n * NB Effective until January 1, 2015\\n * § 6608. Definition of practice of certified dental assisting. The\\npractice of certified dental assisting is defined as providing\\nsupportive services to a dentist in his/her performance of dental\\nservices authorized under this article. Such support shall include\\nproviding patient education, taking preliminary medical histories and\\nvital signs to be reviewed by the dentist, placing and removing rubber\\ndams, selecting and prefitting provisional crowns, selecting and\\nprefitting orthodontic bands, removing orthodontic arch wires and\\nligature ties, placing and removing matrix bands, taking impressions for\\nstudy casts or diagnostic casts, removing periodontal dressings, and\\nsuch other dental supportive services authorized by the dentist\\nconsistent with regulations promulgated by the commissioner, provided\\nthat such functions are performed under the direct personal supervision\\nof a licensed dentist in the course of the performance of dental\\nservices. Such services shall not include diagnosing and/or performing\\nsurgical procedures, irreversible procedures or procedures that would\\nalter the hard or soft tissue of the oral and maxillofacial area or any\\nother procedures determined by the department. The practice of certified\\ndental assisting may be conducted in the office of any licensed dentist\\nor in any appropriately equipped school or public institution but must\\nbe done under the direct personal supervision of a licensed dentist.\\nDirect personal supervision, for purposes of this section, means\\nsupervision of dental procedures based on instructions given by a\\nlicensed dentist in the course of a procedure who remains in the dental\\noffice where the supportive services are being performed, personally\\ndiagnoses the condition to be treated, personally authorizes the\\nprocedures, and before dismissal of the patient, who remains the\\nresponsibility of the licensed dentist, evaluates the services performed\\nby the dental assistant. Nothing herein authorizes a dental assistant to\\nperform any of the services or functions defined as part of the practice\\nof dental hygiene in accordance with the provisions of subdivision one\\nof section sixty-six hundred six of this article, except those functions\\nauthorized pursuant to this section. All dental supportive services\\nprovided in this section may be performed by currently registered dental\\nhygienists either under a dentist's supervision, as defined in\\nregulations of the commissioner, or, in the case of a registered dental\\nhygienist working for a hospital as defined in article twenty-eight of\\nthe public health law, pursuant to a collaborative arrangement with a\\nlicensed dentist in accordance with subdivision one of section sixty-six\\nhundred six of this article. Such collaborative arrangement shall not\\nobviate or supersede any law or regulation which requires identified\\nservices to be performed under the personal supervision of a dentist.\\n * NB Effective January 1, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6608-A", "title" : "Practice of certified dental assisting and use of title \"certified dental assistant\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-25", "2019-11-01" ], "docLevelId" : "6608-A", "activeDate" : "2014-09-22", "sequenceNo" : 1629, "repealedDate" : null, "fromSection" : "6608-A", "toSection" : "6608-A", "text" : " § 6608-a. Practice of certified dental assisting and use of title\\n\"certified dental assistant\". Only a person certified under section\\nsixty-six hundred eight-b of this article or exempt pursuant to section\\nsixty-six hundred ten of this article shall practice certified dental\\nassisting. Only a person certified pursuant to section sixty-six\\nhundred eight-b of this article shall use the title \"certified dental\\nassistant\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6608-B", "title" : "Requirements for certification as a certified dental assistant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-25" ], "docLevelId" : "6608-B", "activeDate" : "2014-09-22", "sequenceNo" : 1630, "repealedDate" : null, "fromSection" : "6608-B", "toSection" : "6608-B", "text" : " § 6608-b. Requirements for certification as a certified dental\\nassistant. To qualify for certification as a certified dental assistant,\\nan applicant shall fulfill the following requirements:\\n (1) Application: file an application with the department;\\n (2) Age: be at least seventeen years of age;\\n (3) Fees: pay a fee of forty-five dollars to the department for\\ninitial certification and a fee of fifty dollars for each triennial\\nregistration period;\\n (4) Education and experience: (A) have received a high school diploma,\\nor its equivalent, and (B) have successfully completed, in accordance\\nwith the commissioner's regulations, (i) an approved one-year course of\\nstudy in dental assisting in a degree-granting institution or a board of\\ncooperative educational services program which includes at least two\\nhundred hours of clinical experience, or an equivalent approved course\\nof study in dental assisting in a non-degree granting institution which\\nshall not be a professional association or professional organization or\\n(ii) an alternate course of study in dental assisting acceptable to the\\ndepartment which shall be provided by a degree-granting institution or a\\nboard of cooperative educational services program which includes at\\nleast one thousand hours of relevant work experience; and\\n (5) Examination: pass an examination given by an organization which\\nadministers examinations for certifying dental assistants and which is\\nacceptable to the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6608-C", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6608-C", "activeDate" : "2014-09-22", "sequenceNo" : 1631, "repealedDate" : null, "fromSection" : "6608-C", "toSection" : "6608-C", "text" : " § 6608-c. Exempt persons. Nothing in this article shall be construed\\nto affect or prevent a student from engaging in any procedure authorized\\nunder section sixty-six hundred eight of this article in clinical\\npractice as part of a course of study approved by the department\\npursuant to subdivision four of section sixty-six hundred eight-b of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6608-D", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6608-D", "activeDate" : "2014-09-22", "sequenceNo" : 1632, "repealedDate" : null, "fromSection" : "6608-D", "toSection" : "6608-D", "text" : " § 6608-d. Limited permits. The department shall issue a limited\\npermit to an applicant who meets all requirements for admission to the\\nlicensing examination. All practice under a limited permit shall be\\nunder the direct personal supervision of a licensed dentist. Limited\\npermits shall be for one year and may be renewed at the discretion of\\nthe department for one additional year. The fee for each limited permit\\nand for each renewal shall be forty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6609", "title" : "Requirements for a license as a dental hygienist", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6609", "activeDate" : "2014-09-22", "sequenceNo" : 1633, "repealedDate" : null, "fromSection" : "6609", "toSection" : "6609", "text" : " § 6609. Requirements for a license as a dental hygienist. To qualify\\nfor a license as a dental hygienist, an applicant shall fulfill the\\nfollowing requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including high school\\ngraduation and completion of a program in dental hygiene, in accordance\\nwith the commissioner's regulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least seventeen years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\nprovided, however, that the board of regents may grant a three year\\nwaiver for an alien to practice in an area which has been designated a\\nfederal dental health professions shortage area, except that the board\\nof regents may grant an additional extension not to exceed six years to\\nan alien to enable him or her to secure citizenship or permanent\\nresident status, provided such status is being actively pursued;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of fifty dollars for each reexamination, a fee of seventy\\ndollars for an initial license for persons not requiring admission to a\\ndepartment conducted examination, and a fee of fifty dollars for each\\ntriennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6609-A", "title" : "Mandatory continuing education for dental hygienists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6609-A", "activeDate" : "2014-09-22", "sequenceNo" : 1634, "repealedDate" : null, "fromSection" : "6609-A", "toSection" : "6609-A", "text" : " § 6609-a. Mandatory continuing education for dental hygienists. 1.\\n(A) Each dental hygienist, licensed pursuant to this article and\\nrequired to register triennially with the department to practice in this\\nstate shall comply with the provisions of the mandatory continuing\\neducation requirements, except as set forth in paragraphs (B) and (C) of\\nthis subdivision. Dental hygienists who do not satisfy the mandatory\\ncontinuing education requirements shall not practice until they have met\\nsuch requirements and have been issued a registration or conditional\\nregistration certificate.\\n (B) Dental hygienists shall be exempt from the mandatory continuing\\neducation requirement for the triennial registration period during which\\nthey are first licensed. In accordance with the intent of this section,\\nadjustments to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health, certified by a\\nphysician, for extended active duty with the Armed Forces of the United\\nStates, or for other good cause acceptable to the department which may\\nprevent compliance.\\n (C) A licensed dental hygienist not engaged in the practice of dental\\nhygiene shall be exempt from the mandatory continuing education\\nrequirement upon the filing of a statement with the department declaring\\nsuch status. Any licensee who returns to the practice of dental hygiene\\nduring the triennial registration period shall notify the department\\nprior to reentering the profession and shall meet such mandatory\\ncontinuing education requirements as shall be prescribed by regulation\\nof the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of twenty-four hours of acceptable\\nformal continuing education including currently mandated child abuse\\nreporting instruction and infection control training as approved by the\\ndepartment. Of these twenty-four hours a maximum of ten hours may be\\nself-instructional coursework as approved by the department. Any dental\\nhygienist whose first registration date following the effective date of\\nthis section occurs less than three years from such effective date, but\\non or after January first, nineteen hundred ninety-eight, shall complete\\ncontinuing education hours on a prorated basis at the rate of one and\\none-quarter hours per month for the period beginning January first,\\nnineteen hundred ninety-seven up to the first registration date\\nthereafter. A licensee who has not satisfied the mandatory continuing\\neducation requirements shall not be issued a triennial registration\\ncertificate by the department and shall not practice unless and until a\\nconditional registration certificate is issued as provided in\\nsubdivision three of this section. The individual licensee shall\\ndetermine the selection of courses or programs of study pursuant to\\nsubdivision four of this section.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and take any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department. Any licensee who is notified of\\nthe denial of registration for failure to submit evidence, satisfactory\\nto the department, of completion of required continuing education and\\nwho practices dental hygiene without such registration, may be subject\\nto disciplinary proceedings pursuant to section sixty-five hundred ten\\nof this title.\\n 4. As used in this section, \"acceptable formal continuing education\"\\nshall mean formal programs of learning which contribute to professional\\npractice and which meet the standards prescribed by regulations of the\\ncommissioner. To fulfill the mandatory continuing education requirement,\\nprograms must be taken from sponsors approved by the department,\\npursuant to the regulations of the commissioner.\\n 5. The mandatory continuing education fee of thirty dollars shall be\\npayable on or before the first day of each triennial registration\\nperiod, and shall be paid in addition to the triennial registration fee\\nrequired by section sixty-six hundred nine of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6609-B", "title" : "Limited permit to practice dental hygiene", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6609-B", "activeDate" : "2014-09-22", "sequenceNo" : 1635, "repealedDate" : null, "fromSection" : "6609-B", "toSection" : "6609-B", "text" : " § 6609-b. Limited permit to practice dental hygiene. 1. A limited\\npermit to practice dental hygiene may be granted to an individual who\\nhas, to the satisfaction of the department, met all the requirements of\\nsection six thousand six hundred nine of this article, but has not yet\\npassed the examination required by subdivision four of such section.\\n 2. A limited permit shall authorize the holder to practice dental\\nhygiene as defined in section sixty-six hundred six of this article, but\\nonly under the personal supervision of a licensed dentist, as defined in\\nregulations promulgated by the commissioner.\\n 3. Limited permits shall be issued for a period of one year and may be\\nrenewed at the discretion of the department for one additional year.\\n 4. The fee for a limited permit and for each renewal shall be fifty\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6610", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6610", "activeDate" : "2014-09-22", "sequenceNo" : 1636, "repealedDate" : null, "fromSection" : "6610", "toSection" : "6610", "text" : " § 6610. Exempt persons. Nothing in this article shall be construed\\nto affect or prevent:\\n 1. An unlicensed person from performing solely mechanical work upon\\ninert matter in a dental office or on a dental laboratory prescription\\nof a dentist holding a license or limited permit;\\n 2. A student from engaging in clinical practice as part of a\\nregistered program operated by a school of dentistry under supervision\\nof a dentist holding a license or limited permit for instructing in\\ndentistry in a school of dentistry:\\n 3. A student from engaging in any procedure authorized under section\\nsixty-six hundred six of this article in clinical practice as part of a\\nregistered program in dental hygiene under supervision of a dentist\\nholding a license or a limited permit for instructing in dentistry in a\\nschool of dental hygiene;\\n 4. An employee of a federal agency from using the title of and\\npracticing as a dentist or dental hygienist insofar as such activities\\nare required by his salaried position;\\n 5. A dentist or a dental hygienist licensed in some other state or\\ncountry from making a teaching clinical demonstration before a regularly\\norganized dental or medical society or group, or from meeting licensed\\ndentists in this state for consultation, provided such activities are\\nlimited to such demonstration or consultation.\\n 6. A dentist licensed in another state or country who is employed on a\\nfull-time basis by a registered dental school as a faculty member with\\nthe rank of assistant professor or higher from conducting research and\\nclinical demonstrations as a part of such employment, under the\\nsupervision of a licensed dentist and on the premises of the school. No\\nfee may be charged for the practice of dentistry authorized by this\\nsubdivision.\\n 7. A dentist licensed in another state or country who is visiting an\\napproved dental school or any other entity operating a residency program\\nthat has been accredited by a national accrediting body approved by the\\ndepartment to receive dental instruction for a period not to exceed\\nninety days from engaging in clinical practice, provided such practice\\nis limited to such instruction and is under the direct supervision of a\\nlicensed dentist.\\n 8. Any student matriculated in an accredited dental school located\\noutside New York state from engaging in appropriately supervised\\nclinical practice as part of the school's dental program in a teaching\\nhospital which has a teaching affiliation agreement with the student's\\ndental school.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6611", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09" ], "docLevelId" : "6611", "activeDate" : "2014-09-22", "sequenceNo" : 1637, "repealedDate" : null, "fromSection" : "6611", "toSection" : "6611", "text" : " § 6611. Special provisions. 1. Except upon the written dental\\nlaboratory prescription of a licensed dentist and except by the use of\\nimpressions or casts made by a licensed dentist, no dental laboratory\\nshall furnish, supply, construct, reproduce, place, adjust, or repair\\nany dental prosthesis, device, or appliance. A dental laboratory\\nprescription shall be made out in duplicate. It shall contain such data\\nas may be prescribed by the commissioner's regulations. One copy shall\\nbe retained by the practitioner of dentistry for a period of one year.\\nThe other copy shall be issued to the person, firm or corporation\\nengaged in filling dental laboratory prescriptions, who or which shall\\neach retain and file in their respective offices or places of business\\ntheir respective copies for a period of one year.\\n 2. The department is empowered to inspect and to have access to all\\nplaces, including the office or offices of a licensed dentist, where\\ncopies of dental laboratory prescriptions issued by him are retained as\\nrequired by this section, and to all places where dental laboratory\\nprescriptions are filled or to any workroom or workrooms in which\\nprosthetic restorations, prosthetic dentures, bridges, orthodontic or\\nother appliances or structures to be used as substitutes for natural\\nteeth or tissue or for the correction of malocclusion or deformities are\\nmade, repaired or altered, with power to subpoena and examine records of\\ndental laboratory prescriptions. A person who fails to grant access to\\nsuch places or who fails to maintain prescriptions as required by this\\nsection shall be guilty of a class A misdemeanor.\\n 3. The department may arrange for the conduct of clinical examinations\\nin the clinic of any school of dentistry or dental hygiene within or\\noutside the state for dental or dental hygiene candidates.\\n 4. A not-for-profit dental or medical expense indemnity corporation or\\nhospital service corporation organized under the insurance law or\\npursuant to special legislation may enter into contracts with dentists\\nor partnerships of dentists to provide dental care on its behalf for\\npersons insured under its contracts or policies.\\n 5. Legally incorporated dental corporations existing and in operation\\nprior to January first, nineteen hundred sixteen, may continue to\\noperate through licensed dentists while conforming to the provisions of\\nthis title. Any such corporation which shall be dissolved or cease to\\nexist or operate for any reason whatsoever shall not be permitted to\\nresume operations. No such corporation shall change its name or sell its\\nfranchise or transfer its corporate rights directly or indirectly, by\\ntransfer of capital stock control or otherwise, to any person or to\\nanother corporation without permission from the department, and any\\ncorporation so changing its name or so transferring its franchise or\\ncorporate rights without such permission shall be deemed to have\\nforfeited its rights to exist and may be dissolved by an action brought\\nby the attorney general.\\n 6. Notwithstanding any inconsistent provision of any general, special\\nor local law, any licensed dentist who voluntarily and without the\\nexpectation of monetary compensation renders first aid or emergency\\ntreatment at the scene of an accident or other emergency, outside of a\\nhospital or any other place having proper and necessary medical equip-\\nment, to a person who is unconscious, ill or injured shall not be liable\\nfor damages for injuries alleged to have been sustained by such person\\nor for damages for the death of such person alleged to have occurred by\\nreason of an act or omission in the rendering of such first aid or\\nemergency treatment unless it is established that such injuries were or\\nsuch death was caused by gross negligence on the part of such dentist.\\nNothing in this subdivision shall be deemed or construed to relieve a\\nlicensed dentist from liability for damages for injuries or death caused\\nby an act or omission on the part of a dentist while rendering\\nprofessional services in the normal and ordinary course of practice.\\n 7. Any dentist or dental hygienist, who in the performance of dental\\nservices, x-rays the mouth or teeth of a patient shall during the\\nperformance of such x-rays shield the torso and thyroid area of such\\npatient including but not limited to the gonads and other reproductive\\norgans with a lead apron thyroid collar, or other similar protective\\ngarment or device. Notwithstanding the provisions of this subdivision,\\nif in the dentist's professional judgment the use of a thyroid collar\\nwould be inappropriate under the circumstances, because of the nature of\\nthe patient, the type of x-ray being taken, or other factors, the\\ndentist or dental hygienist need not shield the thyroid area.\\n 8. An unlicensed person may provide supportive services to a dentist\\nincidental to and concurrent with such dentist personally performing a\\nservice or procedure. Nothing in this subdivision shall be construed to\\nallow an unlicensed person to provide any service which constitutes the\\npractice of dentistry or dental hygiene as defined in this article.\\n 9. There shall be no monetary liability on the part of, and no cause\\nof action for damages shall arise against, any person, partnership,\\ncorporation, firm, society, or other entity on account of the\\ncommunication of information in the possession of such person or entity,\\nor on account of any recommendation or evaluation, regarding the\\nqualifications, fitness, or professional conduct or practices of a\\ndentist, to any governmental agency, dental or specialists society, or\\nhospital as defined in article twenty-eight of the public health law.\\nThe foregoing shall not apply to information which is untrue and\\ncommunicated with malicious intent.\\n * 10. Beginning January first, two thousand nine, each dentist shall\\nbecome certified in cardiopulmonary resuscitation (CPR) from an approved\\nprovider and thereafter maintain current certification, which shall be\\nincluded in the mandatory hours of continuing education acceptable for\\ndentists to the extent provided in the commissioner's regulations. In\\nthe event the dentist cannot physically perform CPR, the commissioner's\\nregulations shall allow the dentist to make arrangements for another\\nindividual in the office to administer CPR. All dental facilities shall\\nhave an automatic external defibrillator or other defibrillator at the\\nfacility.\\n * NB Effective until January 1, 2015\\n * 10. Each dentist and registered dental hygienist working for a\\nhospital as defined in article twenty-eight of the public health law who\\npractices in collaboration with a licensed dentist shall become\\ncertified in cardiopulmonary resuscitation (CPR) from an approved\\nprovider and thereafter maintain current certification, which shall be\\nincluded in the mandatory hours of continuing education acceptable for\\ndentists to the extent provided in the commissioner's regulations. In\\nthe event the dentist or registered dental hygienist cannot physically\\nperform CPR, the commissioner's regulations shall allow the dentist or\\nregistered dental hygienist to make arrangements for another individual\\nin the office to administer CPR. All dental facilities shall have an\\nautomatic external defibrillator or other defibrillator at the facility.\\n * NB Effective January 1, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6612", "title" : "Identification of removable full or partial prosthetic devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6612", "activeDate" : "2014-09-22", "sequenceNo" : 1638, "repealedDate" : null, "fromSection" : "6612", "toSection" : "6612", "text" : " § 6612. Identification of removable full or partial prosthetic\\ndevices. 1. Except as provided herein, every dentist licensed in this\\nstate making or directing to be made a removable prosthetic denture,\\nbridge, appliance or other structure to be used and worn as a substitute\\nfor natural teeth, shall offer to the patient for whom the prosthesis is\\nintended the opportunity to have such prosthesis marked with the\\npatient's name or initials. Such markings shall be accomplished at the\\ntime the prosthesis is made and the location and methods used to apply\\nor implant them shall be determined by the dentist or the person acting\\non behalf of the dentist. Such marking shall be permanent, legible and\\ncosmetically acceptable.\\n 2. Notwithstanding the foregoing, if in the judgment of the dentist or\\nthe person making the prosthesis, such identification is not practicable\\nor clinically safe, the identification marks may be omitted entirely.\\n 3. The commissioner shall adopt rules and regulations and provide\\nstandards necessary to carry out the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6613", "title" : "Nitrous oxide equipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6613", "activeDate" : "2014-09-22", "sequenceNo" : 1639, "repealedDate" : null, "fromSection" : "6613", "toSection" : "6613", "text" : " § 6613. Nitrous oxide equipment. Any machine used in a dental office\\nfor the administration of nitrous oxide to a patient shall be equipped\\nwith a scavenging system that appropriately minimizes leakage of nitrous\\noxide.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 24 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A134", "title" : "Licensed Perfusionists", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "134", "activeDate" : "2014-09-22", "sequenceNo" : 1640, "repealedDate" : null, "fromSection" : "6630", "toSection" : "6636", "text" : " * ARTICLE 134\\n LICENSED PERFUSIONISTS\\nSection 6630. Definitions.\\n 6631. Practice of perfusion and use of title \"licensed\\n perfusionist\".\\n 6632. Requirements for licensure as a perfusionist.\\n 6633. Special provisions.\\n 6634. State committee for perfusion.\\n 6635. Limited permits.\\n 6636. Exempt persons.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6630", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6630", "activeDate" : "2014-09-22", "sequenceNo" : 1641, "repealedDate" : null, "fromSection" : "6630", "toSection" : "6630", "text" : " * § 6630. Definitions. As used in this article: 1. The term\\n\"perfusionist\" means a person who is licensed to practice perfusion\\npursuant to this article.\\n 2. The term \"registered program\" means a program for the education of\\nperfusionists which has been registered by the department or determined\\nby the department to be the substantial equivalent.\\n 3. The term \"perfusion\" means the provision of extracorporeal or\\nintracorporeal patient care services to support or replace the\\ncirculatory or respiratory function of a patient, including the\\nadministration of pharmacological and therapeutic agents, and blood\\nproducts, and the management, treatment and monitoring of the\\nphysiological status of a patient during the operation of extracorporeal\\ncirculation equipment or intracorporeal equipment that replaces or\\nsupport circulatory or respiratory functions.\\n All perfusion services shall be pursuant to the order and direction of\\na physician. Perfusion services may be performed in a general hospital\\nlicensed pursuant to article twenty-eight of the public health law or\\nduring the transport of patients or organs supported by extracorporeal\\nor intracorporeal equipment.\\n 4. The term \"committee\" means the state committee for perfusion\\ncreated by section sixty-six hundred thirty-four of this article.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6631", "title" : "Practice of perfusion and use of title \"licensed perfusionist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6631", "activeDate" : "2014-09-22", "sequenceNo" : 1642, "repealedDate" : null, "fromSection" : "6631", "toSection" : "6631", "text" : " * § 6631. Practice of perfusion and use of title \"licensed\\nperfusionist\". Only a person licensed or exempt under this article shall\\npractice perfusion. Only persons licensed as perfusionists may use the\\ntitle \"licensed perfusionist\".\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6632", "title" : "Requirements for licensure as a perfusionist", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6632", "activeDate" : "2014-09-22", "sequenceNo" : 1643, "repealedDate" : null, "fromSection" : "6632", "toSection" : "6632", "text" : " * § 6632. Requirements for licensure as a perfusionist. To qualify for\\nlicensure as a \"licensed perfusionist\", an applicant shall fulfill the\\nfollowing requirements:\\n 1. Application: file an application with the department;\\n 2. Education:\\n a. has successfully completed a baccalaureate or higher degree in\\nperfusion registered by the department, or the substantial equivalent as\\ndetermined by the department; or\\n b. has completed a baccalaureate or higher degree and a credit bearing\\ncertificate program in perfusion acceptable to the department; or\\n c. until two years from the effective date of this article, has\\ncompleted a baccalaureate or higher degree and an accredited training\\nprogram in perfusion acceptable to the department pursuant to\\nregulations.\\n 3. examination: has obtained a passing score on an examination\\nacceptable to the department;\\n 4. age: at the time of application is at least twenty-one years of\\nage;\\n 5. character: be of good moral character as determined by the\\ndepartment;\\n 6. Fee: pay a fee determined by the department for an initial license\\nand for each triennial registration period.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6633", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6633", "activeDate" : "2014-09-22", "sequenceNo" : 1644, "repealedDate" : null, "fromSection" : "6633", "toSection" : "6633", "text" : " * § 6633. Special provisions. An individual who meets the requirements\\nfor a license as a licensed perfusionist except for examination,\\nexperience and education and who meets the requirements enumerated under\\nsubdivisions one or two of this section may be licensed without meeting\\nadditional requirements provided that such individual submits an\\napplication to the department within two years of the effective date of\\nthis section:\\n 1. Applicants may be licensed if they have been practicing as a\\nperfusionist for five years in the past ten years in an inpatient unit\\nthat provides cardiac surgery services in a hospital approved by the\\ndepartment of health or a substantially equivalent accrediting body\\nacceptable to the committee and the department at least three of such\\nyears of experience having occurred during the past five years;\\n 2. Applicants who possess certification from a national certification\\norganization acceptable to the committee and the department may be\\nlicensed if they have been employed as a perfusionist for three of the\\npast five years.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6634", "title" : "State committee for perfusion", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6634", "activeDate" : "2014-09-22", "sequenceNo" : 1645, "repealedDate" : null, "fromSection" : "6634", "toSection" : "6634", "text" : " * § 6634. State committee for perfusion. 1. A state committee for\\nperfusion shall be appointed by the board of regents upon the\\nrecommendation of the commissioner as a committee of the board for\\nmedicine to advise solely in matters relating to perfusion and shall\\nassist on matters of licensure and professional conduct.\\n 2. The committee shall consist of no fewer than eight individuals, to\\nbe composed of a minimum of the following:\\n a. four licensed perfusionists;\\n b. two licensed physicians and\\n c. two representatives of the public at large.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6635", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6635", "activeDate" : "2014-09-22", "sequenceNo" : 1646, "repealedDate" : null, "fromSection" : "6635", "toSection" : "6635", "text" : " * § 6635. Limited permits. 1. Eligibility. A person who fulfills all\\nrequirements for licensure as a perfusionist except that relating to the\\nexamination shall be eligible for a limited permit.\\n 2. Limit of practice. A permittee shall be authorized to practice as a\\nperfusionist only under the supervision of a licensed perfusionist and\\npursuant to the order and direction of a physician.\\n 3. Duration. A limited permit shall expire one year from the date of\\nissuance. A limited permit may be extended for one additional year for\\ngood cause as determined by the department.\\n 4. Fees. The fee for each limited permit shall be one hundred five\\ndollars.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6636", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-10-28", "2017-08-18" ], "docLevelId" : "6636", "activeDate" : "2014-09-22", "sequenceNo" : 1647, "repealedDate" : null, "fromSection" : "6636", "toSection" : "6636", "text" : " * § 6636. Exempt persons. This article shall not prohibit:\\n 1. The practice of perfusion by any student who is engaged in clinical\\ntraining in a general hospital licensed pursuant to article twenty-eight\\nof the public health law or during the transport of patients or organs\\nsupported by extracorporeal or intracorporeal equipment and who is\\nenrolled in a perfusion program approved by the department, provided\\nsuch practice is limited to such clinical training which shall be\\ncarried out under the direct supervision of a licensed perfusionist and\\npursuant to the order and direction of a physician; or\\n 2. The performance of any of the tasks or responsibilities included in\\nthe definition of perfusion by any other person licensed under this\\ntitle, provided that such tasks or responsibilities are authorized by\\nthe article governing the profession pursuant to which said person is\\nlicensed; or\\n 3. The practice of perfusion by any legally qualified perfusionist of\\nany other state or territory who is serving in the armed forces or the\\npublic health service of the United States or who is employed by the\\nveterans administration, while engaged in the performance of his or her\\nduties.\\n * NB Effective October 21, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A135", "title" : "Veterinary Medicine and Animal Health Technology", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2022-12-23" ], "docLevelId" : "135", "activeDate" : "2014-09-22", "sequenceNo" : 1648, "repealedDate" : null, "fromSection" : "6700", "toSection" : "6714", "text" : " ARTICLE 135\\n VETERINARY MEDICINE AND ANIMAL HEALTH TECHNOLOGY\\nSection 6700. Introduction.\\n 6701. Definition of practice of veterinary medicine.\\n 6702. Practice of veterinary medicine and use of title\\n \"veterinarian\".\\n 6703. State board for veterinary medicine.\\n 6704. Requirements for a professional license as a\\n veterinarian.\\n 6704-a. Mandatory continuing education for veterinarians.\\n 6705. Exempt persons.\\n 6705-a. Emergency veterinarian service; limited liability.\\n 6706. Corporate practice.\\n 6707. Limited permits to engage in the practice of veterinary\\n medicine.\\n 6708. Definition of practice of veterinary technology.\\n 6709. Practice of veterinary technology and use of title\\n \"veterinary technician\".\\n 6711. Requirements for a professional license as an veterinary\\n technician.\\n 6711-a. Limited permits to engage in the practice of veterinary\\n technology.\\n 6711-b. Mandatory continuing education for veterinary\\n technicians.\\n 6712. Exempt persons.\\n 6713. Special provisions.\\n 6714. Treatment records.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6700", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6700", "activeDate" : "2014-09-22", "sequenceNo" : 1649, "repealedDate" : null, "fromSection" : "6700", "toSection" : "6700", "text" : " § 6700. Introduction. This article applies to the profession of\\nveterinary medicine and veterinary technology. The general provisions\\nfor all professions contained in article one hundred thirty of this\\ntitle apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6701", "title" : "Definition of practice of veterinary medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6701", "activeDate" : "2014-09-22", "sequenceNo" : 1650, "repealedDate" : null, "fromSection" : "6701", "toSection" : "6701", "text" : " § 6701. Definition of practice of veterinary medicine. The practice of\\nthe profession of veterinary medicine is defined as diagnosing,\\ntreating, operating, or prescribing for any animal disease, pain,\\ninjury, deformity or dental or physical condition, or the subcutaneous\\ninsertion of a microchip intended to be used to identify an animal.\\n\"Animal\" includes every living creature except a human being.\\nNotwithstanding the foregoing provisions of this section, no provisions\\nof this section shall be construed to include the floating of equine\\nteeth as being within the practice of veterinary medicine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6702", "title" : "Practice of veterinary medicine and use of title \"veterinarian\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6702", "activeDate" : "2014-09-22", "sequenceNo" : 1651, "repealedDate" : null, "fromSection" : "6702", "toSection" : "6702", "text" : " § 6702. Practice of veterinary medicine and use of title\\n\"veterinarian\". 1. Only a person licensed or exempt under this article\\nshall practice veterinary medicine or use the title \"veterinarian\".\\n 2. A licensed veterinarian or a professional service corporation\\norganized for the practice of veterinary medicine may employ veterinary\\ntechnicians to assist them in the practice of their profession in such\\ncapacities as are prescribed by law and as from time to time may be set\\nby the commissioner or the state board of veterinary medicine. A\\nveterinarian or professional service corporation may not employ\\nveterinary technicians in a ratio exceeding three technicians per\\nsupervising licensed veterinarian. Nothing in this section shall be\\nconstrued as prohibiting a veterinarian from employing unlicensed lay\\npersons for the performance of non-technical duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6703", "title" : "State board for veterinary medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6703", "activeDate" : "2014-09-22", "sequenceNo" : 1652, "repealedDate" : null, "fromSection" : "6703", "toSection" : "6703", "text" : " § 6703. State board for veterinary medicine. A state board for\\nveterinary medicine shall be appointed by the board of regents on\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of professional licensing\\nand professional conduct in accordance with section sixty-five hundred\\neight of this title. The board shall be composed of not less than seven\\nveterinarians licensed in the state and not more than two veterinary\\ntechnicians licensed in the state. An executive secretary to the board\\nshall be appointed by the board of regents on recommendation of the\\ncommissioner. The participation of the licensed veterinary technicians\\nshall be limited to issues concerning the licensure of veterinary\\ntechnology including but not limited to qualifications, employment,\\nscope of practice, and discipline.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6704", "title" : "Requirements for a professional license as a veterinarian", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6704", "activeDate" : "2014-09-22", "sequenceNo" : 1653, "repealedDate" : null, "fromSection" : "6704", "toSection" : "6704", "text" : " § 6704. Requirements for a professional license as a veterinarian. To\\nqualify for a license as a veterinarian, an applicant shall fulfill the\\nfollowing requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a doctoral degree\\nin veterinary medicine, in accordance with the commissioner's\\nregulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\nprovided, however that the board of regents may grant a one-time\\nthree-year waiver for a veterinarian who otherwise meets the\\nrequirements of this article and who has accepted an offer to practice\\nveterinary medicine in a county in the state which the department has\\ncertified as having a shortage of qualified applicants to fill existing\\nvacancies in veterinary medicine, and provided further that the board of\\nregents may grant an extension of such three-year waiver of not more\\nthan one year;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred sixty dollars to the department for\\nadmission to a department conducted examination and for an initial\\nlicense, a fee of one hundred thirty-five dollars for each\\nreexamination, a fee of one hundred thirty dollars for an initial\\nlicense for persons not requiring admission to a department conducted\\nexamination, and a fee of two hundred ten dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6704-A", "title" : "Mandatory continuing education for veterinarians", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-11-11", "2017-02-03", "2017-08-18" ], "docLevelId" : "6704-A", "activeDate" : "2014-09-22", "sequenceNo" : 1654, "repealedDate" : null, "fromSection" : "6704-A", "toSection" : "6704-A", "text" : " § 6704-a. Mandatory continuing education for veterinarians. 1. (a)\\nEach veterinarian, licensed pursuant to this article, required to\\nregister triennially with the department to practice in this state shall\\ncomply with the provisions of the mandatory continuing education\\nrequirements, except as set forth in paragraphs (b) and (c) of this\\nsubdivision. Veterinarians who do not satisfy the mandatory continuing\\neducation requirements shall not practice until they have met such\\nrequirements and have been issued a registration or conditional\\nregistration certificate.\\n (b) Veterinarians shall be exempt from the mandatory continuing\\neducation requirement for the triennial registration period during which\\nthey are first licensed. In accordance with the intent of this section,\\nadjustments to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health, certified by a\\nphysician, for extended active duty with the armed forces of the United\\nStates, or for other good cause acceptable to the department which may\\nprevent compliance. Veterinarians engaged on a full-time basis in the\\nteaching of veterinary medicine at a veterinary education program\\nregistered by the department or accredited or approved by an acceptable\\naccrediting organization shall be exempt from the requirements of this\\nsection.\\n (c) A licensed veterinarian not engaged in professional practice shall\\nbe exempt from the mandatory continuing education requirement upon the\\nfiling of a statement with the department declaring such status. Any\\nlicensee who returns to the practice of veterinary medicine shall notify\\nthe department prior to reentering the profession and shall meet such\\nmandatory continuing education requirements as shall be prescribed by\\nregulation of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of forty-five hours of acceptable\\nformal continuing education, a maximum of twenty-two and one-half hours\\nof which may be self-instructional coursework acceptable to the\\ndepartment. Any veterinarian whose first registration date following the\\neffective date of this section occurs less than three years from such\\neffective date, but on or after January first, two thousand twelve,\\nshall complete continuing education hours on a prorated basis at the\\nrate of one and one-quarter hours per month for the period beginning\\nJanuary first, two thousand twelve up to the first registration date\\nthereafter. A licensee who has not satisfied the mandatory continuing\\neducation requirements shall not be issued a triennial registration\\ncertificate by the department and shall not practice unless and until a\\nconditional registration certificate is issued as provided in\\nsubdivision three of this section, or until he or she has otherwise met\\nthe requirements of this section. The individual licensee shall\\ndetermine the selection of courses or programs of study pursuant to\\nsubdivision four of this section.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and take any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department. Any licensee who is notified of\\nthe denial of registration for failure to submit evidence, satisfactory\\nto the department, of completion of required continuing education and\\nwho practices veterinary medicine without such registration, may be\\nsubject to disciplinary proceedings pursuant to section sixty-five\\nhundred ten of this title.\\n 4. As used in this section, \"acceptable formal continuing education\"\\nshall mean formal programs of learning which contribute to professional\\npractice of veterinary medicine which are offered by sponsors of\\nveterinary continuing education approved by the department, in\\nconsultation with the state board for veterinary medicine, to fulfill\\nthe mandatory continuing education requirement. Sponsors of veterinary\\ncontinuing education shall include state or national professional\\nassociations established to further the veterinary professions, and\\nshall include any affiliates of such associations including local\\nveterinary medical societies and generally recognized state, national\\nand international veterinary conferences at which professional\\ncontinuing education is a major component of such conferences, as well\\nas universities and colleges offering programs leading to licensure in\\nthe veterinary medical professions. Sponsors of veterinary medicine\\ncontinuing education shall file an application with the department and\\npay a fee of nine hundred dollars.\\n 5. The mandatory continuing education fee shall be established by the\\ndepartment, and shall be payable on or before the first day of each\\ntriennial registration period, and shall be paid in addition to the\\ntriennial registration fee required by section sixty-seven hundred four\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6705", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2017-08-18" ], "docLevelId" : "6705", "activeDate" : "2014-09-22", "sequenceNo" : 1655, "repealedDate" : null, "fromSection" : "6705", "toSection" : "6705", "text" : " § 6705. Exempt persons. The following persons under the following\\nlimitations may practice veterinary medicine within the state without a\\nlicense:\\n 1. Any commissioned veterinary medical officer serving in the United\\nStates armed forces or in the United States Agricultural Research\\nService while so commissioned, provided such practice is limited to such\\nservice;\\n 2. Any person rendering gratuitous services in cases of emergency;\\n 3. Any veterinarian who is licensed in another state or country and\\nwho is meeting a veterinarian licensed in this state for purposes of\\nconsultation provided such practice is limited to such consultation;\\n 4. Any veterinarian who is licensed in a bordering state and who\\nresides near a border of this state, provided such practice is limited\\nin this state to the vicinity of such border and provided such\\nveterinarian does not maintain an office or place to meet patients or\\nreceive calls within this state;\\n 5. Any intern or resident who practices veterinary medicine in any\\ncollege in this state offering a program in veterinary medicine\\nregistered by the department, and who is a graduate of a school of\\nveterinary medicine accredited in any state or country, provided such\\npractice is limited to such duties as intern or resident and is under\\nthe supervision of a licensed or otherwise authorized veterinarian.\\n 6. Any faculty member who is a graduate of a school of veterinary\\nmedicine accredited in any state or country and whose practice of\\nveterinary medicine is incidental to his or her course of instruction\\nwhile serving as a faculty member in a veterinary college offering a\\nprogram registered by the department;\\n 7. Any student who engages in clinical practice under supervision of a\\nlicensed or otherwise authorized veterinarian in a school of veterinary\\nmedicine in this state registered by the department.\\n 8. Any dentist duly licensed in this state who provides dental care to\\nan animal at the request and under the immediate personal supervision of\\na licensed veterinarian.\\n 9. Any student enrolled and in good standing in a school of veterinary\\nmedicine approved by the commissioner, who practices under the general\\nsupervision of a veterinarian licensed and registered under this\\narticle; provided however, that only such students who have completed at\\nleast two and one-half years in an approved veterinary program and\\ncompleted all core didactic training may assist in diagnosis, treatment\\nand surgery in such practice, subject to the following requirements: (a)\\nassisting in diagnosis and surgery be under the immediate personal\\nsupervision of such veterinarian; (b) assisting in treatment be under\\nthe direct supervision of such veterinarian; and (c) only one such\\nstudent shall be supervised, as specified in clauses (a) and (b) of this\\nsubdivision, by one such veterinarian.\\n 10. Any employee of a not-for-profit pound, shelter, duly incorporated\\nsociety for the prevention of cruelty to animals, humane society or dog\\nor cat protective association may insert a microchip for the purposes of\\nidentification of any animal being held for adoption by such\\norganization.\\n 11. A veterinary graduate of an approved program engaging in clinical\\npractice under the supervision, but not necessarily direct personal\\nsupervision, of a licensed veterinarian, provided the graduate has\\npassed the required state licensing examination and applied and paid a\\nfee for the licensing. This exemption shall not extend beyond sixty days\\nafter graduation.\\n 12. A physician duly licensed to practice medicine in this state, who\\nis board certified in an area of human medicine equivalent to the\\nrequired veterinary specialty in cases in which a veterinary specialist\\nin the area of medicine required for such animal's care does not exist,\\nis not available, or cannot be procured in a timely fashion, who\\nprovides medical care to a gibbon or siamang (Hylobatidae, Hylobates\\nsp.), orangutan (Hominidae Pongindae, Pongo sp.), chimpanzee (Hominidae,\\nHomininae Pan. sp.), gorilla (Hominidae, Homininae, Gorilla sp.),\\nmacaque (Cercopithecidea, Cercopithecinae, Macaca sp.), baboon\\n(Cercopithecidae, Cercopithecinae, Papio sp., Theropithecus sp.,\\nMandrillus sp.), langur (Cercopithecidae, Colobinac, Presbytis sp.,\\nTrachypithecus sp.), colobus monkey (Cercopithecidae, Colobinae, Colobus\\nsp.) or guenon (Cercopithecidae, Cercopithecinae, Cercopithecus sp.)\\nheld by a facility accredited by the American Zoo and Aquarium\\nAssociation at the request of and under the immediate personal\\nsupervision of a licensed veterinarian who has personally diagnosed the\\ncondition to be treated or who has specifically delegated such duties to\\nthe physician and who evaluates the services provided by such physician.\\n 13. Any person certified and currently registered as a certified\\neuthanasia technician pursuant to subdivision three of section three\\nhundred seventy-four of the agriculture and markets law or any person\\nundergoing training for such certification where such training is\\nconducted in accordance with the requirements of such section, provided\\nthat such practice is limited to such certification or training.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6705-A", "title" : "Emergency veterinarian service; limited liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6705-A", "activeDate" : "2014-09-22", "sequenceNo" : 1656, "repealedDate" : null, "fromSection" : "6705-A", "toSection" : "6705-A", "text" : " § 6705-a. Emergency veterinarian service; limited liability.\\nNotwithstanding any inconsistent provision of any general, special or\\nlocal law, any licensed veterinarian who voluntarily, and without the\\nexpectation of monetary compensation, renders first aid or emergency\\ntreatment to an animal that is ill or injured at the scene of an\\naccident or other emergency, outside of an animal hospital, clinic,\\nveterinarian's office or other place having proper and necessary\\nequipment for the practice of veterinary medicine, shall not be liable\\nfor damages for injuries alleged to have been sustained by such animal\\nor for damages for the death of such animal alleged to have occurred by\\nreason of an act or omission in the rendering of such first aid or\\nemergency treatment unless it is established that such injuries were or\\nsuch death was caused by gross negligence on the part of such\\nveterinarian. Nothing in this section shall be deemed or construed to\\nrelieve a licensed veterinarian from liability for damages for injuries\\nor death caused by an act or omission on the part of a veterinarian\\nwhile rendering professional services in the normal and ordinary course\\nof his or her business.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6706", "title" : "Corporate practice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6706", "activeDate" : "2014-09-22", "sequenceNo" : 1657, "repealedDate" : null, "fromSection" : "6706", "toSection" : "6706", "text" : " § 6706. Corporate practice. 1. No business corporation, other than a\\nprofessional service corporation organized under the business\\ncorporation law, shall hereafter be organized for the practice of\\nveterinary medicine; no business corporation, other than a professional\\nservice corporation, hereafter organized shall be granted a license to\\npractice veterinary medicine; and no business corporation, other than a\\nprofessional service corporation, hereafter organized shall provide\\nveterinary medical services.\\n 2. Any not-for-profit corporation may own property in connection with\\nan animal hospital or shelter provided that all veterinary practice\\nconducted in such facilities shall be performed by a veterinarian\\nlicensed and registered under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6707", "title" : "Limited permits to engage in the practice of veterinary medicine", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6707", "activeDate" : "2014-09-22", "sequenceNo" : 1658, "repealedDate" : null, "fromSection" : "6707", "toSection" : "6707", "text" : " § 6707. Limited permits to engage in the practice of veterinary\\nmedicine. Permits limited as to eligibility, practice, and duration,\\nshall be issued by the department to eligible applicants as follows:\\n 1. Eligibility. The following persons shall be eligible for a limited\\npermit:\\n (1) A person who fulfills all requirements for a license as a\\nveterinarian except those relating to the examination and citizenship or\\npermanent residence in the United States;\\n (2) A foreign veterinarian who is in this country on a non-immigration\\nvisa for the continuation of veterinary medical study in a college of\\nveterinary medicine.\\n 2. Limit of practice. A permittee shall be authorized to practice\\nveterinary medicine only under the supervision of a licensed\\nveterinarian in accordance with regulations of the commissioner. A\\nlicensed veterinarian shall supervise one permittee.\\n 3. Duration. A limited permit issued pursuant to paragraph one of\\nsubdivision one of this section shall be valid for one year or until the\\nindividual has had the opportunity to take the state veterinarian\\nlicensing examination and receive the results of this examination,\\nwhichever shall occur first. It may be renewed once at the discretion of\\nthe department if the permit holder has not had a reasonable opportunity\\nto take the state veterinarian licensing examination during the period\\nfor which such limited permit was originally issued. A limited permit\\nmay also be issued or extended for not more than one year to afford an\\napplicant or permit holder a second opportunity to successfully complete\\nsuch examination if such applicant or permit holder has successfully\\ncompleted the written subjects and all except one of the practical\\nsubjects of such examination. A limited permit issued pursuant to\\nparagraph two of subdivision one of this section shall be valid for one\\nyear, and may be renewed at the discretion of the department so long as\\nthe permit holder is a bona fide student at a college of veterinary\\nmedicine, in this state.\\n 4. Fees. The fee for each limited permit and for each renewal shall be\\none hundred five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6708", "title" : "Definition of practice of veterinary technology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6708", "activeDate" : "2014-09-22", "sequenceNo" : 1659, "repealedDate" : null, "fromSection" : "6708", "toSection" : "6708", "text" : " § 6708. Definition of practice of veterinary technology. 1. The\\npractice of the profession of veterinary technology is defined as the\\nperformance of services within the field of veterinary medicine by a\\nperson who, for compensation or personal profit, is employed by or under\\nthe supervision of a veterinarian to perform such duties as are required\\nin carrying out medical orders as prescribed by a licensed veterinarian\\nrequiring an understanding of veterinary science, but not requiring\\nprofessional service as set forth in section sixty-seven hundred one of\\nthis article.\\n 2. The commissioner shall promulgate regulations defining the\\nfunctions an veterinary technician may perform that are consistent with\\nthe training and qualifications for a license as an veterinary\\ntechnician. The commissioner may further require that a licensee may\\npractice within an area of specialization only upon the successful\\ncompletion of an examination established for the purpose of establishing\\ncompetence in a specific area of practice in the field of veterinary\\ntechnology.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6709", "title" : "Practice of veterinary technology and use of title \"veterinary technician\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6709", "activeDate" : "2014-09-22", "sequenceNo" : 1660, "repealedDate" : null, "fromSection" : "6709", "toSection" : "6709", "text" : " § 6709. Practice of veterinary technology and use of title \"veterinary\\ntechnician\". Only a person licensed under sections sixty-seven hundred\\neleven and sixty-seven hundred eleven-a of this article or exempted from\\nits provisions by section sixty-seven hundred twelve shall practice\\nveterinary technology or use the title \"veterinary technician\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6711", "title" : "Requirements for a professional license as an veterinary technician", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6711", "activeDate" : "2014-09-22", "sequenceNo" : 1661, "repealedDate" : null, "fromSection" : "6711", "toSection" : "6711", "text" : " § 6711. Requirements for a professional license as an veterinary\\ntechnician. To qualify for licensure as an veterinary technician, an\\napplicant shall fulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have successfully completed a four-year course of study\\nin a secondary school approved by the board of regents or its\\nequivalent;\\n 3. Have completed a college-level course of study in, and hold a\\ndiploma from a school of veterinary science technology for the training\\nof animal health technicians, giving a course of not less than eighteen\\nmonths, registered by the department as maintaining at the time, a\\nsatisfactory standard, or has completed a college-level course of study\\ndetermined by the department to be the equivalent thereof;\\n 4. Any person who submits an application prior to January first,\\nnineteen hundred eighty-three and who submits evidence of employment by\\na veterinarian or a veterinary facility prior to that date may be\\nlicensed on the basis of this experience if acceptable in the discretion\\nof the board in accordance with the commissioner's regulations and upon\\nthe successful completion of the licensing examination required by this\\nsection;\\n 5. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 6. Citizenship or immigration status: be a United States citizen or an\\nalien lawfully admitted for permanent residence in the United States;\\nprovided, however that the board of regents may grant a one-time\\nthree-year waiver for an animal health technician who otherwise meets\\nthe requirements of this article and provided further that the board of\\nregents may grant an extension of such three-year waiver of not more\\nthan one year;\\n 7. Character: be of good moral character as determined by the\\ndepartment; and\\n 8. Fees: pay a fee to the department for admission to the examination\\nand for initial licensure of eighty-five dollars, for each reexamination\\nforty-five dollars, and a fee of eighty dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6711-A", "title" : "Limited permits to engage in the practice of veterinary technology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6711-A", "activeDate" : "2014-09-22", "sequenceNo" : 1662, "repealedDate" : null, "fromSection" : "6711-A", "toSection" : "6711-A", "text" : " § 6711-a. Limited permits to engage in the practice of veterinary\\ntechnology. Permits limited as to eligibility, practice, and duration,\\nshall be issued by the department to eligible applicants as follows:\\n 1. Eligibility. Persons shall be eligible for a limited permit who\\nfulfill all requirements for a license as a veterinary technician except\\nthose relating to the examination and citizenship or permanent residence\\nin the United States.\\n 2. Duration. A limited permit issued pursuant to subdivision one of\\nthis section shall be valid for one year or until the individual has had\\nthe opportunity to take the state veterinary technician licensing\\nexamination and receive the results of this examination, whichever shall\\noccur first. It may be renewed once at the discretion of the department\\nif the permit holder has not had a reasonable opportunity to take the\\nstate veterinary technician licensing examination during the period for\\nwhich such limited permit was originally issued.\\n 3. Fees. The fee for each limited permit and for each renewal shall be\\nfifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6711-B", "title" : "Mandatory continuing education for veterinary technicians", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6711-B", "activeDate" : "2014-09-22", "sequenceNo" : 1663, "repealedDate" : null, "fromSection" : "6711-B", "toSection" : "6711-B", "text" : " § 6711-b. Mandatory continuing education for veterinary technicians.\\n1. (a) Each veterinary technician, licensed pursuant to this article,\\nrequired to register triennially with the department to practice in this\\nstate shall comply with the provisions of the mandatory continuing\\neducation requirements, except as set forth in paragraphs (b) and (c) of\\nthis subdivision. Veterinary technicians who do not satisfy the\\nmandatory continuing education requirements shall not practice until\\nthey have met such requirement and have been issued a registration or\\nconditional registration certificate.\\n (b) Veterinary technicians shall be exempt from the mandatory\\ncontinuing education requirement for the triennial registration period\\nduring which they are first licensed. In accordance with the intent of\\nthis section, adjustments to the mandatory continuing education\\nrequirement may be granted by the department for reasons of health,\\ncertified by a physician, for extended active duty with the armed forces\\nof the United States, or for other good cause acceptable to the\\ndepartment which may prevent compliance. Veterinary technicians engaged\\non a full-time basis in the teaching of veterinary medicine at a\\nveterinary education program registered by the department or an\\naccrediting organization acceptable to the department shall be exempt\\nfrom the requirements of this section.\\n (c) A licensed veterinary technician, not engaged in professional\\npractice shall be exempt from the mandatory continuing education\\nrequirement upon the filing of a statement with the department declaring\\nsuch status. Any licensee who returns to the practice of veterinary\\ntechnology shall notify the department prior to reentering the\\nprofession and shall meet such mandatory continuing education\\nrequirements as shall be prescribed by regulation of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of twenty-four hours of acceptable\\nformal continuing education, a maximum of twelve hours of which may be\\nself-instructional coursework acceptable to the department. Any\\nveterinary technician whose first registration date following the\\neffective date of this section occurs less than three years from such\\neffective date, but on or after January first, two thousand twelve,\\nshall complete continuing education hours on a prorated basis at the\\nrate of one and one-quarter hours per month for the period beginning\\nJanuary first, two thousand twelve up to the first registration date\\nthereafter. A licensee who has not satisfied the mandatory continuing\\neducation requirements shall not be issued a triennial registration\\ncertificate by the department and shall not practice unless and until a\\nconditional registration certificate is issued as provided in\\nsubdivision three of this section, or until he or she has otherwise met\\nthe requirements of this section. The individual licensee shall\\ndetermine the selection of courses or programs of study pursuant to\\nsubdivision four of this section.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and take any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department. Any licensee who is notified of\\nthe denial of registration for failure to submit evidence, satisfactory\\nto the department, of completion of required continuing education and\\nwho practices veterinary technology without such registration, may be\\nsubject to disciplinary proceedings pursuant to section sixty-five\\nhundred ten of this title.\\n 4. As used in this section, \"acceptable formal continuing education\"\\nshall mean formal programs of learning which contribute to professional\\npractice of veterinary technology which are offered by sponsors of\\nveterinary technician continuing education approved by the department,\\nin consultation with the state board for veterinary medicine, to fulfill\\nthe mandatory continuing education requirement. Sponsors of veterinary\\ntechnician continuing education shall include state or national\\nprofessional associations established to further the veterinary\\nprofessions and shall include any affiliates of such associations\\nincluding local veterinary medical societies and local veterinary\\ntechnician societies and generally recognized state, national and\\ninternational veterinary and veterinary technician conferences at which\\nprofessional continuing education is a major component of such\\nconferences, as well as universities and colleges offering programs\\nleading to licensure in the veterinary medical professions. Sponsors of\\nveterinary technician continuing education shall file an application\\nwith the department and pay a fee of nine hundred dollars.\\n 5. The mandatory continuing education fee shall be established by the\\ndepartment, and shall be payable on or before the first day of each\\ntriennial registration period, and shall be paid in addition to the\\ntriennial registration fee required by section sixty-seven hundred\\neleven of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6712", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2017-08-18" ], "docLevelId" : "6712", "activeDate" : "2014-09-22", "sequenceNo" : 1664, "repealedDate" : null, "fromSection" : "6712", "toSection" : "6712", "text" : " § 6712. Exempt persons. Nothing in this article shall be construed to\\naffect or prevent the following persons under the following limitations\\nfrom practicing veterinary technology within the state without a\\nlicense:\\n 1. Technicians in the performance of more technical procedures in a\\nresearch facility, on animals owned by that institution when such work\\nis under the direct supervision of a qualified professional;\\n 2. Technicians in the military or naval service of the United States,\\nUnited States Department of Agriculture, the United States Veterans\\nAdministration or the United States Public Health Service, in the\\npractice of such technical procedures in obedience to the requirements\\nof the laws of the United States, while engaged in the performance of\\nthe actual duties prescribed under the appropriate statutes of the\\nUnited States;\\n 3. Any student engaging in clinical practice under the supervision of\\na licensed veterinarian in pursuance of an approved program for the\\ntraining of veterinary technology.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6713", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6713", "activeDate" : "2014-09-22", "sequenceNo" : 1665, "repealedDate" : null, "fromSection" : "6713", "toSection" : "6713", "text" : " § 6713. Special provisions. 1. An unlicensed person may provide\\nsupportive services to a veterinarian, including but not limited to\\nadministering oral or topical medications, incidental to and/or\\nconcurrent with such veterinarian personally performing a service or\\nprocedure, provided such supportive services do not require a knowledge\\nof veterinary science.\\n 2. A certified emergency medical technician may perform endotracheal\\nintubation on an animal under the immediate personal supervision of a\\nlicensed veterinarian or a licensed veterinary technician acting under\\nthe direct supervision of a veterinarian, in lieu of the licensed\\nveterinarian personally performing the procedure, provided:\\n a. the emergency medical technician is enrolled in a course in\\nadvanced emergency medical technology approved under article thirty of\\nthe public health law in which pediatric endotracheal intubation\\ntraining is included;\\n b. the procedure is performed as part of pediatric endotracheal\\nintubation training in that course, after didactic and manikin training\\nin human intubation, and instruction in animal anatomy and the proper\\nmethod of animal intubation have been received;\\n c. the procedure is medically indicated as part of treating or\\noperating for any non-emergency disease, pain, injury, deformity, or\\nphysical condition of the animal;\\n d. the procedure is performed only when the animal is properly sedated\\nor anesthetized;\\n e. the procedure is performed no more than once per animal by no more\\nthan one certified emergency medical technician;\\n f. the animal owner, or where such owner is unknown, the person having\\nlawful charge or custody of the animal, consents in writing to the\\nperformance of the procedure by a person meeting the qualifications of\\nthis subdivision; and\\n g. records kept by the commissioner of health on courses in advanced\\nemergency medical technology meeting the requirements of this\\nsubdivision indicate whether pediatric endotracheal intubation training\\nconducted in accordance with the provisions of this subdivision was part\\nof a course in advanced emergency medical technology; provided, however,\\nthat this subdivision shall not be construed to require endotracheal\\nintubation on animals, and the commissioner of health shall have\\ndiscretion to determine whether endotracheal intubation training on\\nanimals shall be required for accreditation of such courses or for\\ncertification of advanced emergency medical technicians.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6714", "title" : "Treatment records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-05", "2022-03-04" ], "docLevelId" : "6714", "activeDate" : "2014-09-22", "sequenceNo" : 1666, "repealedDate" : null, "fromSection" : "6714", "toSection" : "6714", "text" : " § 6714. Treatment records. 1. Upon written request from the owner of\\nan animal which has received treatment from or under the supervision of\\na veterinarian, such veterinarian shall provide to such owner within a\\nreasonable time period a copy of all records relating to the treatment\\nof such animal. For the purposes of this section, the term \"records\"\\nshall mean all information concerning or related to the examination or\\ntreatment of the animal kept by the veterinarian in the course of his or\\nher practice. A veterinarian may impose a reasonable charge for\\nproviding copies of such records. A veterinarian may make available to\\nthe owner either the original or a copy of such record or document\\nincluding x-rays, electrocardiograms and other diagnostic tests and may\\nimpose a reasonable fee for the reproduction of such copies.\\n 2. A veterinarian licensed pursuant to this article, may disclose\\nrecords, as defined in this section, concerning a companion animal as\\ndefined in section three hundred fifty of the agriculture and markets\\nlaw which has received treatment by such veterinarian without the\\nconsent of the companion animal's owner under the following\\ncircumstances:\\n (a) When a veterinarian reasonably and in good faith suspects that a\\ncompanion animal's injury, illness or condition is the result of animal\\ncruelty or a violation of any state or federal law pertaining to the\\ncare, treatment, abuse or neglect of a companion animal, the\\nveterinarian may report the incident and disclose records concerning the\\ncompanion animal's condition and treatment to the police, duly\\nincorporated society for the prevention of cruelty to animals, peace\\nofficer, district attorney's office, animal control officer, department\\nof agriculture and markets, other appropriate government agency, or any\\nagent thereof.\\n (b) When a veterinarian reasonably believes that disclosure of records\\nas defined in this section, is necessary to protect the health or\\nwelfare of a companion animal, a person or the public, the veterinarian\\nmay disclose such records to the police, duly incorporated society for\\nthe prevention of cruelty to animals, peace officer, animal control\\nofficer, department of agriculture and markets, other appropriate\\ngovernment agency, or any agent thereof.\\n 3. A veterinarian acts in good faith within the meaning of this\\nsection when he or she reasonably believes that his or her actions are\\nnecessary to protect the health and welfare of the companion animal or\\nthe public.\\n 4. A veterinarian who reasonably and in good faith reports or\\ndiscloses records in accordance with this section shall be immune from\\nliability in the form of damages in any civil or criminal proceeding on\\naccount of such reporting or disclosure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A136", "title" : "Physical Therapy and Physical Therapist Assistants", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "136", "activeDate" : "2014-09-22", "sequenceNo" : 1667, "repealedDate" : null, "fromSection" : "6730", "toSection" : "6743", "text" : " ARTICLE 136\\n PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS\\nSection 6730. Introduction.\\n 6731. Definition of physical therapy.\\n 6732. Practice of physical therapy and the use of title\\n \"physical therapist\".\\n 6733. State board for physical therapy.\\n 6734. Requirements for a professional license.\\n 6735. Limited permits.\\n 6736. Exempt persons.\\n 6737. Non-liability of licensed physical therapists for first\\n aid or emergency treatment.\\n 6738. Definition of physical therapist assistant.\\n 6739. Duties of physical therapist assistants and the use of\\n title \"physical therapist assistant\".\\n 6740. Requirements for certification as a physical therapist\\n assistant.\\n 6741. Exemption.\\n 6741-a. Limited permits.\\n 6742. Special provision.\\n 6742-a. Mandatory continuing education.\\n 6743. Validity of existing licenses.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6730", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6730", "activeDate" : "2014-09-22", "sequenceNo" : 1668, "repealedDate" : null, "fromSection" : "6730", "toSection" : "6730", "text" : " § 6730. Introduction. This article applies to the profession of\\nphysical therapy and provides for the licensing of physical therapists\\nand for the certification of physical therapist assistants. The general\\nprovisions for all professions contained in article one hundred thirty\\nof this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6731", "title" : "Definition of physical therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6731", "activeDate" : "2014-09-22", "sequenceNo" : 1669, "repealedDate" : null, "fromSection" : "6731", "toSection" : "6731", "text" : " § 6731. Definition of physical therapy. Physical therapy is defined\\nas:\\n a. The evaluation, treatment or prevention of disability, injury,\\ndisease, or other condition of health using physical, chemical, and\\nmechanical means including, but not limited to heat, cold, light, air,\\nwater, sound, electricity, massage, mobilization, and therapeutic\\nexercise with or without assistive devices, and the performance and\\ninterpretation of tests and measurements to assess pathophysiological,\\npathomechanical, and developmental deficits of human systems to\\ndetermine treatment, and assist in diagnosis and prognosis.\\n b. The use of roentgen rays or radium, or the use of electricity for\\nsurgical purposes such as cauterization shall not be included in the\\npractice of physical therapy.\\n c. Such treatment shall be rendered pursuant to a referral which may\\nbe directive as to treatment by a licensed physician, dentist,\\npodiatrist, nurse practitioner or licensed midwife, each acting within\\nhis or her lawful scope of practice, and in accordance with their\\ndiagnosis, except as provided in subdivision d of this section.\\n d. Such treatment may be rendered by a licensed physical therapist for\\nten visits or thirty days, whichever shall occur first, without a\\nreferral from a physician, dentist, podiatrist, nurse practitioner or\\nlicensed midwife provided that:\\n (1) The licensed physical therapist has practiced physical therapy on\\na full time basis equivalent to not less than three years.\\n (2) Each physical therapist licensed pursuant to this article shall\\nprovide written notice to each patient receiving treatment absent a\\nreferral from a physician, dentist, podiatrist, nurse practitioner or\\nlicensed midwife that physical therapy may not be covered by the\\npatient's health care plan or insurer without such a referral and that\\nsuch treatment may be a covered expense if rendered pursuant to a\\nreferral. The physical therapist shall keep on file with the patient's\\nrecords a form attesting to the patient's notice of such advice. Such\\nform shall be in duplicate, with one copy to be retained by the patient,\\nsigned and dated by both the physical therapist and the patient in such\\nform as prescribed pursuant to regulations promulgated by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6732", "title" : "Practice of physical therapy and the use of title \"physical therapist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27" ], "docLevelId" : "6732", "activeDate" : "2014-09-22", "sequenceNo" : 1670, "repealedDate" : null, "fromSection" : "6732", "toSection" : "6732", "text" : " § 6732. Practice of physical therapy and the use of title \"physical\\ntherapist\". Only a person licensed or otherwise authorized under this\\narticle shall practice physical therapy or use the title \"physical\\ntherapist\", \"physiotherapist\" or \"mechanotherapist\" or the abbreviation\\nof \"P.T.\" in connection with his or her name or with any trade name in\\nthe conduct of his profession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6733", "title" : "State board for physical therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6733", "activeDate" : "2014-09-22", "sequenceNo" : 1671, "repealedDate" : null, "fromSection" : "6733", "toSection" : "6733", "text" : " § 6733. State board for physical therapy. A state board for physical\\ntherapy shall be appointed by the board of regents on recommendation of\\nthe commissioner for the purpose of assisting the board of regents and\\nthe department on matters of professional licensing and professional\\nconduct in accordance with section sixty-five hundred eight of this\\ntitle. The board shall be composed of not less than eight licensed\\nphysical therapists and not less than one public representative. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6734", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-10-27", "2024-11-01" ], "docLevelId" : "6734", "activeDate" : "2014-09-22", "sequenceNo" : 1672, "repealedDate" : null, "fromSection" : "6734", "toSection" : "6734", "text" : " § 6734. Requirements for a professional license. To qualify for a\\nlicense as a physical therapist, an applicant shall fulfill the\\nfollowing requirements:\\n a. Application: file an application with the department;\\n b. Education: have received an education, including completion of a\\nmaster's degree or higher in physical therapy or determined to be\\nequivalent, in accordance with the commissioner's regulations;\\n c. Experience: have experience satisfactory to the board in accordance\\nwith the commissioner's regulations;\\n d. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n e. Age: be at least twenty-one years of age;\\n f. Character: be of good moral character as determined by the\\ndepartment; and\\n g. Fees: pay a fee of one hundred seventy-five dollars to the\\ndepartment for admission to a department conducted examination and for\\nan initial license; a fee of eighty-five dollars for each reexamination;\\na fee of one hundred fifteen dollars for an initial license for persons\\nnot requiring admission to a department conducted examination; and a fee\\nof one hundred fifty-five dollars for each triennial registration\\nperiod.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6735", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6735", "activeDate" : "2014-09-22", "sequenceNo" : 1673, "repealedDate" : null, "fromSection" : "6735", "toSection" : "6735", "text" : " § 6735. Limited permits. a. The department of education shall issue a\\nlimited permit to an applicant who meets all requirements for admission\\nto the licensing examination.\\n b. All practice under a limited permit shall be under the supervision\\nof a licensed physical therapist in a public hospital, an incorporated\\nhospital or clinic, a licensed proprietary hospital, a licensed nursing\\nhome, a public health agency, a recognized public or non-public school\\nsetting, the office of a licensed physical therapist, or in the civil\\nservice of the state or political subdivision thereof.\\n c. Limited permits shall be for six months and the department may for\\njustifiable cause renew a limited permit provided that no applicant\\nshall practice under any limited permit for more than a total of one\\nyear.\\n d. Supervision of a permittee by a licensed physical therapist shall\\nbe on-site supervision and not necessarily direct personal supervision\\nexcept that such supervision need not be on-site when the supervising\\nphysical therapist has determined, through evaluation, the setting of\\ngoals and the establishment of a treatment plan, that the program is one\\nof maintenance as defined pursuant to title XVIII of the federal social\\nsecurity act.\\n e. The fee for each limited permit and for each renewal shall be\\nseventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6736", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6736", "activeDate" : "2014-09-22", "sequenceNo" : 1674, "repealedDate" : null, "fromSection" : "6736", "toSection" : "6736", "text" : " § 6736. Exempt persons. a. This article shall not be construed to\\naffect or prevent the administration of physical therapy or the use of\\nmodalities by a person employed by a licensed physician or physical\\ntherapist in his office, or in the civil service of the state or any\\npolitical subdivision thereof, or in a hospital or clinic, or in an\\ninfirmary maintained by a person, firm or corporation employing one or\\nmore full-time licensed physicians or physical therapists, provided that\\nsuch person was so employed for a period of at least two years prior to\\nApril tenth, nineteen hundred fifty, and has been issued a written\\nauthorization by the department.\\n b. This article shall not be construed to affect or prevent:\\n (1) a physical therapy student from engaging in clinical practice\\nunder the supervision of a licensed physical therapist as part of a\\nprogram conducted in an approved school of physical therapy or in a\\nclinical facility or health care agency affiliated with the school of\\nphysical therapy and supervision of a physical therapy student by a\\nlicensed physical therapist shall be on-site supervision and not\\nnecessarily direct personal supervision;\\n (2) a physical therapist graduate of an approved program from engaging\\nin clinical practice under the on-site, but not necessarily direct\\npersonal supervision of a licensed physical therapist provided the\\ngraduate has: (a) applied and paid a fee for the licensing and\\nexamination, (b) applied and paid a fee for the temporary permit. This\\nexemption shall not extend beyond ninety days after graduation;\\n (3) a physical therapist licensed in another state or country from\\nconducting a teaching clinical demonstration in connection with a\\nprogram of basic clinical education, graduate education, or\\npost-graduate education in an approved school of physical therapy or in\\nits affiliated clinical facility or health care agency, or before a\\ngroup of licensed physical therapists who are members of a professional\\nsociety;\\n (4) a physical therapist who is serving in the armed forces or the\\npublic health service of the United States or is employed by the\\nveterans administration from practicing the profession of physical\\ntherapy, provided such practice is limited to such service or\\nemployment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6737", "title" : "Non-liability of licensed physical therapists for first aid or emergency treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6737", "activeDate" : "2014-09-22", "sequenceNo" : 1675, "repealedDate" : null, "fromSection" : "6737", "toSection" : "6737", "text" : " § 6737. Non-liability of licensed physical therapists for first aid\\nor emergency treatment. Notwithstanding any inconsistent provision of\\nany general, special or local law, any licensed physical therapist who\\nvoluntarily and without the expectation of monetary compensation renders\\nfirst aid or emergency treatment at the scene of an accident or other\\nemergency, outside a hospital, doctor's office or any other place having\\nproper and necessary physical therapy equipment, to a person who is\\nunconscious, ill or injured, shall not be liable for damages for\\ninjuries alleged to have been sustained by such person or for damages\\nfor the death of such person alleged to have occurred by reason of an\\nact or omission in the rendering of such first aid or emergency\\ntreatment unless it is established that such injuries were or such death\\nwas caused by gross negligence on the part of such physical therapist.\\nNothing in this section shall be deemed or construed to relieve a\\nlicensed physical therapist from liability for damages for injuries or\\ndeath caused by an act or omission on the part of a physical therapist\\nwhile rendering professional services in the normal and ordinary course\\nof his practice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6738", "title" : "Definition of physical therapist assistant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-07-06", "2019-12-20", "2020-04-24", "2022-07-08", "2022-08-19", "2024-02-23", "2024-05-31", "2025-06-27", "2025-11-28" ], "docLevelId" : "6738", "activeDate" : "2014-09-22", "sequenceNo" : 1676, "repealedDate" : null, "fromSection" : "6738", "toSection" : "6738", "text" : " § 6738. Definition of physical therapist assistant. a. A \"physical\\ntherapist assistant\" means a person certified in accordance with this\\narticle who works under the supervision of a licensed physical therapist\\nperforming such patient related activities as are assigned by the\\nsupervising physical therapist. Duties of physical therapist assistants\\nshall not include evaluation, testing, interpretation, planning or\\nmodification of patient programs. Supervision of a physical therapist\\nassistant by a licensed physical therapist shall be on-site supervision,\\nbut not necessarily direct personal supervision. The number of physical\\ntherapist assistants supervised by one licensed physical therapist shall\\nnot exceed the ratio of four physical therapist assistants to one\\nlicensed physical therapist as shall be determined by the commissioner's\\nregulations insuring that there be adequate supervision in the best\\ninterest of public health and safety. Nothing in this section shall\\nprohibit a hospital from employing physical therapist assistants,\\nprovided they work under the supervision of physical therapists\\ndesignated by the hospital and not beyond the scope of practice of a\\nphysical therapist assistant. The numerical limitation of this section\\nshall not apply to work performed in a hospital, provided that there be\\nadequate supervision in the best interest of public health and safety.\\n b. Notwithstanding the provisions of subdivision a of this section,\\nsupervision of a physical therapist assistant by a licensed physical\\ntherapist, (i) in a residential health care facility, as defined in\\narticle twenty-eight of the public health law, (ii) in a diagnostic and\\ntreatment center licensed under article twenty-eight of the public\\nhealth law that provides, as its principal mission, services to\\nindividuals with developmental disabilities, (iii) in a facility, as\\ndefined in section 1.03 of the mental hygiene law, or (iv) under a\\nmonitored program of the office of mental retardation and developmental\\ndisabilities as defined in subdivision (a) of section 13.15 of the\\nmental hygiene law, shall be continuous but not necessarily on site when\\nthe supervising physical therapist has determined, through evaluation,\\nthe setting of goals and the establishment of a treatment plan, that the\\nprogram is one of maintenance as defined pursuant to title XVIII of the\\nfederal social security act. The provisions of this subdivision shall\\nnot apply to the provision of physical therapy services when the\\ncondition requires multiple adjustments of sequences and procedures due\\nto rapidly changing physiological status and/or response to treatment,\\nor to children under five years of age.\\n * c. For the purposes of the provision of physical therapist assistant\\nservices in a home care services setting, as such services are defined\\nin article thirty-six of the public health law, except that the home\\ncare services setting shall not include early intervention services as\\ndefined in title two-A of article twenty-five of the public health law,\\nwhether such services are provided by a home care services agency or\\nunder the supervision of a physical therapist licensed pursuant to this\\narticle, continuous supervision of a physical therapist assistant, who\\nhas had direct clinical experience for a period of not less than two\\nyears, by a licensed physical therapist shall not be construed as\\nrequiring the physical presence of such licensed physical therapist at\\nthe time and place where such services are performed. For purposes of\\nthis subdivision \"continuous supervision\" shall be deemed to include:\\n(i) the licensed physical therapist's setting of goals, establishing a\\nplan of care and determining whether the patient is appropriate to\\nreceive the services of a physical therapist assistant subject to the\\nlicensed physical therapist's evaluation; (ii) an initial joint visit\\nwith the patient by the supervising licensed physical therapist and the\\nphysical therapist assistant; (iii) periodic treatment and evaluation of\\nthe patient by the supervising licensed physical therapist, as indicated\\nin the plan of care and as determined in accordance with patient need,\\nbut in no instance shall the interval between such treatment exceed\\nevery six patient visits or thirty days, whichever occurs first; and\\n(iv) a final evaluation by the supervising licensed physical therapist\\nto determine if the plan of care shall be terminated. For purposes of\\nthis subdivision, the number of physical therapist assistant's\\nsupervised in the home care services setting by a licensed physical\\ntherapist shall not exceed the ratio of two physical therapist\\nassistants to one licensed physical therapist.\\n * NB Repealed June 30, 2018\\n * d. (1) For purposes of the provision of physical therapist assistant\\nservices in public primary or private primary or secondary schools and\\nfor preschool children, as that term is defined in paragraph i of\\nsubdivision one of section forty-four hundred ten of this chapter, and\\nreceiving services thereunder, continuous supervision of a physical\\ntherapist assistant, who has direct clinical experience providing age\\nappropriate physical therapy services for a period of not less than two\\nyears, by a licensed physical therapist shall not be construed as\\nrequiring the physical presence of such licensed physical therapist at\\nthe time and place where such services are performed. For purposes of\\nthis subdivision \"continuous supervision\" shall be deemed to include:\\n (i) the licensed physical therapist's setting of the goals,\\nestablishing a plan of care, determining on an initial and ongoing basis\\nwhether the patient is appropriate to receive the services of a physical\\ntherapist assistant, determining the frequency of joint visits with the\\npatient by both the supervising licensed physical therapist and the\\nphysical therapist assistant, except that in no instance shall the\\ninterval, between joint visits, be more than every ninety calendar days,\\nsubject to the licensed physical therapist's evaluation;\\n (ii) an initial joint visit with the patient by the supervising\\nlicensed physical therapist and physical therapist assistant;\\n (iii) periodic treatment and evaluation of the patient by the\\nsupervising licensed physical therapist as indicated in the plan of care\\nand as determined in accordance with patient need, except that in no\\ninstance shall the interval between such treatment exceed every twelfth\\nvisit or thirty days which ever occurs first; and\\n (iv) notification of the supervising licensed physical therapist by\\nthe physical therapist assistant whenever there is a change in status,\\ncondition or performance of the patient.\\n (2) This subdivision shall not apply to the provision of physical\\ntherapy services when a child's condition requires multiple adjustments\\nof sequences and procedures due to rapidly changing physiologic status\\nand/or response to treatment.\\n * NB Repealed June 30, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6739", "title" : "Duties of physical therapist assistants and the use of title \"physical therapist assistant\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19", "2024-02-23", "2024-05-31" ], "docLevelId" : "6739", "activeDate" : "2014-09-22", "sequenceNo" : 1677, "repealedDate" : null, "fromSection" : "6739", "toSection" : "6739", "text" : " § 6739. Duties of physical therapist assistants and the use of title\\n\"physical therapist assistant\". Only a person certified or otherwise\\nauthorized under this article shall participate in the practice of\\nphysical therapy as a physical therapist assistant and only a person\\ncertified under this section shall use the title \"physical therapist\\nassistant\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6740", "title" : "Requirements for certification as a physical therapist assistant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19", "2024-02-23", "2024-05-31" ], "docLevelId" : "6740", "activeDate" : "2014-09-22", "sequenceNo" : 1678, "repealedDate" : null, "fromSection" : "6740", "toSection" : "6740", "text" : " § 6740. Requirements for certification as a physical therapist\\nassistant. a. Application: file an application with the department;\\n b. Education: have received an education including completion of a\\ntwo-year college program in a physical therapist assistant program or\\nequivalent in accordance with the commissioner's regulations;\\n c. Experience: have experience satisfactory to the state board for\\nphysical therapy in accordance with the commissioner's regulations;\\n c-1. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n d. Age: be at least eighteen years of age;\\n e. Character: be of good moral character as determined by the\\ndepartment;\\n f. Registration: all certified physical therapist assistants shall\\nregister triennially with the education department in accordance with\\nthe regulations of the commissioner;\\n g. Fees: pay a fee for an initial certificate of forty-five dollars,\\nand for the biennial registration period ending December thirty-first,\\nnineteen hundred eighty-two a fee of twenty dollars and a fee of fifty\\ndollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6741", "title" : "Exemption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6741", "activeDate" : "2014-09-22", "sequenceNo" : 1679, "repealedDate" : null, "fromSection" : "6741", "toSection" : "6741", "text" : " § 6741. Exemption. a. This article shall not be construed to affect or\\nprevent a physical therapist assistant student from engaging in clinical\\nassisting under the supervision of a licensed physical therapist as part\\nof a program conducted in an approved program for physical therapist\\nassistants or in a clinical facility or health care agency affiliated\\nwith the program for physical therapist assistants.\\n b. Supervision of a physical therapist assistant student by a licensed\\nphysical therapist shall be on-site supervision and not necessarily\\ndirect personal supervision.\\n c. Nothing in this article is intended to affect the overall medical\\ndirection by a licensed physician of a physical therapist assistant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6741-A", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6741-A", "activeDate" : "2014-09-22", "sequenceNo" : 1680, "repealedDate" : null, "fromSection" : "6741-A", "toSection" : "6741-A", "text" : " § 6741-a. Limited permits. a. The department shall issue a limited\\npermit to an applicant who meets all requirements for admission to the\\ncertification examination.\\n b. All practice under a limited permit shall be under the supervision\\nof a licensed physical therapist in a public hospital, an incorporated\\nhospital or clinic, a licensed proprietary hospital, a licensed nursing\\nhome, a public health agency, a recognized public or non-public school\\nsetting, the office of a licensed physical therapist, or in the civil\\nservice of the state or political subdivision thereof.\\n c. Limited permits shall be for six months and the department may for\\njustifiable cause renew a limited permit provided that no applicant\\nshall practice under any limited permit for more than a total of one\\nyear.\\n d. Supervision of a permittee by a licensed physical therapist shall\\nbe on-site supervision and not necessarily direct personal supervision.\\n e. The fee for each limited permit and for each renewal shall be fifty\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6742", "title" : "Special provision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6742", "activeDate" : "2014-09-22", "sequenceNo" : 1681, "repealedDate" : null, "fromSection" : "6742", "toSection" : "6742", "text" : " § 6742. Special provision. 1. Any person who is employed as a\\nphysical therapist assistant in a facility satisfactory to the state\\nboard for a period of not less than two years prior to the effective\\ndate of this article and who does not qualify for certification under\\nsubdivision b of section sixty-seven hundred forty of this article may\\nbe certified as a physical therapist assistant upon successful\\ncompletion of an examination approved by the state board of physical\\ntherapy in accordance with the commissioner's regulations.\\n 2. Application for examination for certification pursuant to this\\nsection must be submitted not later than January first, nineteen hundred\\neighty-five. The department shall provide a total of three such\\nexaminations. The third examination shall be given not later than April\\nfirst, nineteen hundred eighty-five. The fee for examination or\\nreexamination shall be twenty-five dollars for each examination. Any\\nperson who qualifies for admission to an examination pursuant to this\\nsection may practice as a physical therapist assistant in the course of\\nhis or her employment in a facility satisfactory to the state board\\nuntil thirty days after notification of failure to qualify pursuant to\\nthis section.\\n 3. Any person who was employed as a physical therapist assistant for\\nat least two years prior to April first, nineteen hundred eighty-one,\\nand who had attained permanent civil service status as a physical\\ntherapist assistant prior to that date, shall be issued written\\nauthorization from the department to continue working in that capacity\\nwithout examination. This authorization shall remain in effect until the\\nperson leaves the position in which the civil service status had been\\ngranted.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6742-A", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-08-19", "2024-02-23", "2024-05-31" ], "docLevelId" : "6742-A", "activeDate" : "2014-09-22", "sequenceNo" : 1682, "repealedDate" : null, "fromSection" : "6742-A", "toSection" : "6742-A", "text" : " § 6742-a. Mandatory continuing education. 1. (a) Each licensed\\nphysical therapist and certified physical therapist assistant required\\nunder this article to register triennially with the department to\\npractice in the state shall comply with the provisions of the mandatory\\ncontinuing education requirements prescribed in subdivision two of this\\nsection except as set forth in paragraphs (b) and (c) of this\\nsubdivision. Licensed physical therapist and certified physical\\ntherapist assistants who do not satisfy the mandatory continuing\\neducation requirements shall not practice until they have met such\\nrequirements, and they have been issued a registration certificate,\\nexcept that a licensed physical therapist or certified physical\\ntherapist assistant may practice without having met such requirements if\\nhe or she is issued a conditional registration certificate pursuant to\\nsubdivision three of this section.\\n (b) Each licensed physical therapist and certified physical therapist\\nassistant shall be exempt from the mandatory continuing education\\nrequirement for the triennial registration period during which they are\\nfirst licensed. In accordance with the intent of this section,\\nadjustment to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed physical therapist and certified physical therapist\\nassistant not engaged in practice, as determined by the department,\\nshall be exempt from the mandatory continuing education requirement upon\\nthe filing of a statement with the department declaring such status. Any\\nlicensee who returns to the practice of physical therapy during the\\ntriennial registration period shall notify the department prior to\\nreentering the profession and shall meet such mandatory education\\nrequirements as shall be prescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration as a licensed physical therapist or certified physical\\ntherapist assistant shall complete a minimum of thirty-six hours of\\nacceptable formal continuing education, as specified in subdivision four\\nof this section. Any licensed physical therapist or certified physical\\ntherapist assistant whose first registration date following the\\neffective date of this section occurs less than three years from such\\neffective date, but on or after January first, two thousand ten, shall\\ncomplete continuing education hours on a prorated basis at the rate of\\none-half hour per month for the period beginning January first, two\\nthousand ten up to the first registration date thereafter. A licensee\\nwho has not satisfied the mandatory continuing education requirements\\nshall not be issued a triennial registration certificate by the\\ndepartment and shall not practice unless and until a conditional\\nregistration certificate is issued as provided for in subdivision three\\nof this section. Continuing education hours taken during one triennium\\nmay not be transferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require the fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices without such registration may be subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis title.\\n 4. As used in subdivision two of this section, \"acceptable formal\\neducation\" shall mean formal courses of learning which contribute to\\nprofessional practice in physical therapy and which meet the standards\\nprescribed by regulations of the commissioner. Such formal courses of\\nlearning shall include, but not be limited to, collegiate level credit\\nand non-credit courses, professional development programs and technical\\nsessions offered by national, state and local professional associations\\nand other organizations acceptable to the department, and any other\\norganized educational and technical programs acceptable to the\\ndepartment. The department may, in its discretion and as needed to\\ncontribute to the health and welfare of the public, require the\\ncompletion of continuing education courses in specific subjects to\\nfulfill this mandatory continuing education requirement. Courses must be\\ntaken from a sponsor approved by the department, pursuant to the\\nregulations of the commissioner.\\n 5. Licensed physical therapist or certified physical therapist\\nassistant shall maintain adequate documentation of completion of\\nacceptable formal continuing education and shall provide such\\ndocumentation at the request of the department. Failure to provide such\\ndocumentation upon the request of the department shall be an act of\\nmisconduct subject to disciplinary proceedings pursuant to section\\nsixty-five hundred ten of this title.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section sixty-seven hundred thirty-four of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6743", "title" : "Validity of existing licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-10-27", "2024-11-01" ], "docLevelId" : "6743", "activeDate" : "2014-09-22", "sequenceNo" : 1683, "repealedDate" : null, "fromSection" : "6743", "toSection" : "6743", "text" : " § 6743. Validity of existing licenses. 1. This article shall not be\\nconstrued to affect the validity of existing licenses and permits or the\\ncontinuation of any administrative actions or proceedings commenced\\nprior to the effective date of this article.\\n 2. Amendments made to the educational requirement of section\\nsixty-seven hundred thirty-four of this article pursuant to a chapter of\\nthe laws of two thousand eleven which amended this section shall not be\\nconstrued to affect the validity of existing licenses and permits.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A137", "title" : "Pharmacy", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-01-25", "2019-10-25", "2019-11-01", "2024-11-29", "2025-12-19" ], "docLevelId" : "137", "activeDate" : "2014-09-22", "sequenceNo" : 1684, "repealedDate" : null, "fromSection" : "6800", "toSection" : "6831", "text" : " ARTICLE 137\\n PHARMACY\\nSection 6800. Introduction.\\n 6801. Definition of practice of pharmacy.\\n 6801-a. Collaborative drug therapy management demonstration\\n program.\\n 6802. Definitions.\\n 6803. Practice of pharmacy and use of title \"pharmacist\".\\n 6804. State board of pharmacy.\\n 6805. Requirements for a professional license.\\n 6806. Limited permits.\\n 6807. Exempt persons; special provisions.\\n 6808. Registering and operating establishments.\\n 6808-a. Identification of Pharmacists.\\n 6808-b. Registration of nonresident establishments.\\n 6810. Prescriptions.\\n 6811. Misdemeanors.\\n 6811-a. Certain drugs to be clearly marked or labeled.\\n 6811-b. Door-to-door distribution of drugs prohibited.\\n 6812. Special provisions.\\n 6813. Seizure:\\n 6814. Records of shipment.\\n 6815. Adulterating, misbranding and substituting.\\n 6816. Omitting to label drugs, or labeling them wrongly.\\n 6816-a. When substitution is required.\\n 6817. New drugs.\\n 6818. Adulterated and misbranded cosmetics.\\n 6818-a. Cosmetic samples.\\n 6819. Regulations making exceptions.\\n 6820. Certification of coal-tar colors for drugs and\\n cosmetics.\\n 6821. Poison schedules; register.\\n 6822. Examinations and investigations.\\n 6823. Factory inspection.\\n 6824. Injunction proceedings.\\n 6825. Proof required in prosecution for certain violations.\\n 6826. Drug retail price lists.\\n 6826-a. Reducing certain copayments.\\n 6827. Mandatory continuing education.\\n 6828. Certificates of administration.\\n 6829. Interpretation and translation requirements for\\n prescription drugs and standardized medication\\n labeling.\\n 6830. Standardized patient-centered data elements.\\n 6831. Special provisions relating to outsourcing facilities.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6800", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6800", "activeDate" : "2014-09-22", "sequenceNo" : 1685, "repealedDate" : null, "fromSection" : "6800", "toSection" : "6800", "text" : " § 6800. Introduction. This article applies to the profession of\\npharmacy. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6801", "title" : "Definition of practice of pharmacy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2015-09-25", "2016-01-01", "2016-12-02", "2017-08-18", "2018-04-20", "2020-04-17", "2021-06-18", "2021-11-12", "2022-04-22", "2023-01-06", "2023-05-05", "2023-12-29", "2024-02-16", "2024-03-29", "2024-04-05", "2024-05-31", "2026-05-22", "2026-05-29" ], "docLevelId" : "6801", "activeDate" : "2014-09-22", "sequenceNo" : 1686, "repealedDate" : null, "fromSection" : "6801", "toSection" : "6801", "text" : " * § 6801. Definition of practice of pharmacy. 1. The practice of the\\nprofession of pharmacy is defined as the administering, preparing,\\ncompounding, preserving, or the dispensing of drugs, medicines and\\ntherapeutic devices on the basis of prescriptions or other legal\\nauthority, and collaborative drug therapy management in accordance with\\nthe provisions of section sixty-eight hundred one-a of this article.\\n 2. A licensed pharmacist may execute a non-patient specific regimen\\nprescribed or ordered by a licensed physician or certified nurse\\npractitioner, pursuant to rules and regulations promulgated by the\\ncommissioner. When a licensed pharmacist administers an immunizing\\nagent, he or she shall:\\n (a) report such administration to the patient's attending primary\\nhealth care practitioner or practitioners, if any, pursuant to rules and\\nregulations of the commissioner;\\n (b) provide information to the patient on the importance of having a\\nprimary health care practitioner, developed by the commissioner of\\nhealth; and\\n (c) report such administration, absent of any individually\\nidentifiable health information, to the department of health in a manner\\nrequired by the commissioner of health.\\n 3. No pharmacist shall administer immunizing agents without receiving\\ntraining satisfactory to the commissioner and the commissioner of health\\nwhich shall include, but not be limited to, techniques for screening\\nindividuals and obtaining informed consent; techniques of\\nadministration; indications, precautions and contraindications in the\\nuse of agent or agents; record keeping of immunization and information;\\nand handling emergencies, including anaphylaxis and needlesticks.\\n 4. The commissioner of health, in consultation with the commissioner,\\nshall prepare and submit a report to the governor and the legislature,\\non or before December thirty-first, two thousand eleven, reporting the\\nresults and evaluating the effectiveness and impact, if any, of\\nimplementation of subdivision two of this section upon the supply of\\nsuch immunizing agents for the prevention of influenza and pneumococcal\\ndisease, upon the geographical distribution of such agents, and upon the\\ndistribution of such agents among health care providers, including\\nphysicians, and pharmacies in New York state.\\n **5. When administering an immunization in a pharmacy, the licensed\\npharmacist shall provide an area for the immunization that provides for\\na patient's privacy.\\n ** NB Repealed July 1, 2015\\n * NB Effective until March 31, 2016\\n * § 6801. Definition of practice of pharmacy. The practice of the\\nprofession of pharmacy is defined as the preparing, compounding,\\npreserving, or the dispensing of drugs, medicines and therapeutic\\ndevices on the basis of prescriptions or other legal authority, and\\ncollaborative drug therapy management in accordance with the provisions\\nof section sixty-eight hundred one-a of this article.\\n * NB Effective March 31, 2016 until September 14, 2015\\n * § 6801. Definition of practice of pharmacy. The practice of the\\nprofession of pharmacy is defined as the preparing, compounding,\\npreserving, or the dispensing of drugs, medicines and therapeutic\\ndevices on the basis of prescriptions or other legal authority.\\n * NB Effective September 14, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6801-A", "title" : "Collaborative drug therapy management demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-09-25", "2015-12-18", "2017-08-18", "2018-04-20", "2020-04-17", "2022-04-22", "2024-05-03", "2024-05-31", "2026-05-29" ], "docLevelId" : "6801-A", "activeDate" : "2014-09-22", "sequenceNo" : 1687, "repealedDate" : null, "fromSection" : "6801-A", "toSection" : "6801-A", "text" : " * § 6801-a. Collaborative drug therapy management demonstration\\nprogram. 1. As used in this section, the following terms shall have the\\nfollowing meanings:\\n a. \"Collaborative drug therapy management\" shall mean the performance\\nof services by a pharmacist relating to the review, evaluation and\\nmanagement of drug therapy to a patient, who is being treated by a\\nphysician for a specific disease or disease state, in accordance with a\\nwritten agreement or protocol with a voluntarily participating physician\\nand in accordance with the policies, procedures, and protocols of the\\nfacility. Such agreement or protocol as entered into by the physician\\nand a pharmacist, may include, and shall be limited to:\\n (i) adjusting or managing a drug regimen of a patient, pursuant to a\\npatient specific written order or protocol made by the patient's\\nphysician, which may include adjusting drug strength, frequency of\\nadministration or route of administration. Adjusting the drug regimen\\nshall not include substituting or selecting a different drug which\\ndiffers from that initially prescribed by the patient's physician unless\\nsuch substitution is expressly authorized in the written order or\\nprotocol. The pharmacist shall be required to immediately enter into the\\npatient record any change or changes made to the patient's drug therapy\\nand shall use any reasonable means or method established by the facility\\nor the department to notify any of the patient's other treating\\nphysicians with whom he or she does not have a written agreement or\\nprotocol regarding such changes. The patient's physician may prohibit,\\nby written instruction, any adjustment or change in the patient's drug\\nregimen by the pharmacist;\\n (ii) evaluating and, only if specifically authorized by the protocol\\nand only to the extent necessary to discharge the responsibilities set\\nforth in this section, ordering clinical laboratory tests related to the\\ndrug therapy management for the specific disease or disease state\\nspecified within the protocol; and\\n (iii) only if specifically authorized by the protocol and only to the\\nextent necessary to discharge the responsibilities set forth in this\\nsection, ordering or performing routine patient monitoring functions as\\nmay be necessary in the drug therapy management, including the\\ncollecting and reviewing of patient histories, and ordering or checking\\npatient vital signs, including pulse, temperature, blood pressure and\\nrespiration.\\n b. \"Written agreement or protocol\" shall mean a written document,\\npursuant to and consistent with any applicable state or federal\\nrequirements, that addresses a specific disease or disease state and\\nthat describes the nature and scope of collaborative drug therapy\\nmanagement to be undertaken by the pharmacist, in collaboration with the\\nparticipating physician, in accordance with the provisions of this\\nsection.\\n c. \"Physician\" shall mean the physician, selected by or assigned to a\\npatient, who has primary responsibility for the treatment and care of\\nthe patient for the disease or disease state that is the subject of the\\ncollaborative drug therapy management.\\n d. \"Facility\" shall mean a teaching hospital, including any diagnostic\\ncenter, treatment center, or hospital-based outpatient department,\\nhowever, for the purposes of this section, residential health care\\nfacilities and nursing homes shall be excluded. For the purposes of this\\nsection, a \"teaching hospital\" shall mean a hospital licensed pursuant\\nto article twenty-eight of the public health law that is eligible to\\nreceive direct or indirect graduate medical education payments pursuant\\nto article twenty-eight of the public health law.\\n 2. a. A pharmacist who meets the experience requirements of paragraph\\nb of this subdivision and who is employed by or otherwise affiliated\\nwith a facility shall be permitted to enter into a written agreement or\\nprotocol with a physician authorizing collaborative drug therapy\\nmanagement, subject to the limitations set forth in this section, within\\nthe scope of such employment or affiliation.\\n b. A participating pharmacist must:\\n (i)(A) have been awarded either a master of science in clinical\\npharmacy or a doctor of pharmacy degree;\\n (B) maintain a current unrestricted license; and\\n (C) have a minimum of two years experience, of which at least one year\\nof such experience shall include clinical experience in a health\\nfacility, which involves consultation with physicians with respect to\\ndrug therapy and may include a residency at a facility involving such\\nconsultation; or\\n (ii)(A) have been awarded a bachelor of science in pharmacy;\\n (B) maintain a current unrestricted license; and\\n (C) within the last seven years, have a minimum of three years\\nexperience, of which at least one year of such experience shall include\\nclinical experience in a health facility, which involves consultation\\nwith physicians with respect to drug therapy and may include a residency\\nat a facility involving such consultation.\\n c. Notwithstanding any provision of this section, nothing herein shall\\nauthorize the pharmacist to diagnose disease. In the event that a\\ntreating physician may disagree with the exercise of professional\\njudgment by the pharmacist, the judgment of the treating physician shall\\nprevail.\\n 3. The physician who is a party to a written agreement or protocol\\nauthorizing collaborative drug therapy management shall be employed by\\nor otherwise affiliated with the same facility with which the pharmacist\\nis also employed or affiliated.\\n 4. The existence of a written agreement or protocol on collaborative\\ndrug therapy management and the patient's right to choose to not\\nparticipate in collaborative drug therapy management shall be disclosed\\nto any patient who is eligible to receive collaborative drug therapy\\nmanagement. Collaborative drug therapy management shall not be utilized\\nunless the patient or the patient's authorized representative consents,\\nin writing, to such management. If the patient or the patient's\\nauthorized representative consents, it shall be noted on the patient's\\nmedical record. If the patient or the patient's authorized\\nrepresentative who consented to collaborative drug therapy management\\nchooses to no longer participate in such management, at any time, it\\nshall be noted on the patient's medical record. In addition, the\\nexistence of the written agreement or protocol and the patient's consent\\nto such management shall be disclosed to the patient's primary physician\\nand any other treating physician or healthcare provider.\\n 5. Participation in a written agreement or protocol authorizing\\ncollaborative drug therapy management shall be voluntary, and no\\npatient, physician, pharmacist, or facility shall be required to\\nparticipate.\\n 6. Nothing in this section shall be deemed to limit the scope of\\npractice of pharmacy nor be deemed to limit the authority of pharmacists\\nand physicians to engage in medication management prior to the effective\\ndate of this section and to the extent authorized by law.\\n * NB Repealed September 14, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6802", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2017-10-27", "2018-04-20", "2018-06-01", "2020-04-17", "2020-06-26", "2021-05-21", "2021-11-12", "2022-02-04", "2022-08-19", "2023-01-06", "2023-03-10", "2023-05-05", "2023-12-29", "2024-02-16", "2024-04-05", "2024-05-31", "2024-11-29", "2026-05-22", "2026-05-29" ], "docLevelId" : "6802", "activeDate" : "2014-09-22", "sequenceNo" : 1688, "repealedDate" : null, "fromSection" : "6802", "toSection" : "6802", "text" : " § 6802. Definitions. 1. \"Pharmacy\" means any place in which drugs,\\nprescriptions or poisons are possessed for the purpose of compounding,\\npreserving, dispensing or retailing, or in which drugs, prescriptions or\\npoisons are compounded, preserved, dispensed or retailed, or in which\\nsuch drugs, prescriptions or poisons are by advertising or otherwise\\noffered for sale at retail.\\n 3. \"Formulary\" means the latest edition of the official national\\nformulary, and its supplement.\\n 4. \"Pharmacopeia\", when not otherwise limited, means the latest\\nedition of the official United States pharmacopeia, and its supplement.\\n 5. \"Homeopathic pharmacopeia\" means the official homeopathic\\npharmacopeia of the United States, and its supplement.\\n 6. \"Official compendium\" means the official United States\\npharmacopeia, official homeopathic pharmacopeia of the United States,\\nofficial national formulary, or their supplements.\\n 7. \"Drugs\" means:\\n a. Articles recognized in the official United States pharmacopeia,\\nofficial homeopathic pharmacopeia of the United States, or official\\nnational formulary.\\n b. Articles intended for use in the diagnosis, cure, mitigation,\\ntreatment or prevention of disease in man or animals.\\n c. Articles (other than food) intended to affect the structure or any\\nfunction of the body of man or animals.\\n d. Articles intended for use as a component of any article specified\\nin paragraphs a, b, or c; but does not include devices or their\\ncomponents, parts or accessories.\\n 8. \"Cosmetics\" means:\\n a. Articles intended to be rubbed, poured, sprinkled or sprayed on,\\nintroduced into or otherwise applied to the human body for cleansing,\\nbeautifying, promoting attractiveness, or altering the appearance.\\n b. Articles intended for use as a component of any such articles;\\nexcept that the term shall not include soap.\\n 9. \"Poison\", where not otherwise limited, means any drug, chemical or\\npreparation likely to be destructive to adult human life in quantity of\\nsixty grains or less.\\n 10. \"Label\" means a display of written, printed or pictorial matter\\nupon the immediate container of any drug, device or cosmetic. Any\\nrequirement made by or under authority of this article, that any word,\\nstatement, or other information appear on the label shall not be\\nconsidered to be complied with unless such word, statement or other\\ninformation also appears on the outside container or wrapper, if there\\nbe any, of the retail package of such drug, device or cosmetic or is\\neasily legible through the outside container or wrapper.\\n 11. \"Immediate container\" does not include package liners.\\n 12. \"Labeling\" means all labels and other written, printed or\\npictorial matter:\\n a. Upon any drug, device or cosmetic or any of its containers or\\nwrappers, or\\n b. Accompanying such drug, device or cosmetic.\\n 13. \"Misbranding\". If a drug, device or cosmetic is alleged to be\\nmisbranded because the labeling is misleading, or if an advertisement is\\nalleged to be false because it is misleading then in determining whether\\nthe labeling or advertisement is misleading there shall be taken into\\naccount (among other things) not only representations made or suggested\\nby statement, word, design, device, sound or any combination thereof,\\nbut also the extent to which the labeling fails to reveal facts material\\nin the light of such representations or material with respect to\\nconsequences which may result from the use of the drug, device, or\\ncosmetic to which the labeling or advertising relates under the\\nconditions of use prescribed in the labeling or advertising thereof or\\nunder such conditions of use as are customary or usual. No drug, device\\nor cosmetic which is subject to, and complies with regulations\\npromulgated under the provisions of the federal food, drug, and cosmetic\\nact, relating to adulteration and misbranding shall be deemed to be\\nadulterated or misbranded in violation of the provisions of this article\\nbecause of its failure to comply with the board's regulations, or the\\nrules of the state board of pharmacy, insofar as the regulations are in\\nconflict with regulations relating to adulteration and misbranding under\\nthe federal food, drug and cosmetic act.\\n 14. \"Antiseptic\". The representation of a drug, device or cosmetic in\\nits labeling, as an antiseptic, shall be considered to be a\\nrepresentation that it is a germicide, except in the case of a drug\\npurporting to be, or represented as, an antiseptic for inhibitory use as\\na wet dressing, ointment, dusting powder, or such other use as involves\\nprolonged contact with the body.\\n 15. \"New drug\" means:\\n a. Any drug not generally recognized, among experts qualified by\\nscientific training and experience to evaluate the safety and\\neffectiveness of drugs, as safe and effective for use under the\\nconditions prescribed, recommended or suggested by the drug's labeling,\\nexcept that such a drug not so recognized shall not be deemed to be a\\n\"new drug\" if at any time prior to September first, nineteen hundred\\nthirty-nine it was subject to the former federal food and drug act of\\nJune thirtieth, nineteen hundred six, as amended, and if at such time\\nits labeling contained the same representations concerning the\\nconditions of its use;\\n b. Any drug, the composition of which is such that the drug, as a\\nresult of investigations to determine its safety and effectiveness for\\nuse under such conditions, has become recognized, but which has not\\notherwise than in such investigations been used to a material extent or\\nfor a material time under such conditions.\\n 16. \"Device\" means instruments, apparatus, and contrivances, including\\ntheir components, parts and accessories, intended:\\n a. For use in the diagnosis, cure, mitigation, treatment, or\\nprevention of disease in man or animals; or\\n b. To affect the structure or any function of the body of man or\\nanimals.\\n 17. The term \"Federal Food, Drug and Cosmetic Act\" means the Federal\\nFood, Drug, and Cosmetic Act of the United States of America, approved\\nJune twenty-fifth, nineteen hundred thirty-eight, officially cited as\\npublic document number seven hundred seventeen-seventy-fifth congress\\n(chapter six hundred seventy-five--third session), and all its\\namendments now or hereafter enacted.\\n 18. \"Wholesaler\" means a person who bottles, packs or purchases drugs,\\ndevices or cosmetics for the purpose of selling or reselling to\\npharmacies or to other channels as provided in this article.\\n 19. \"Advertisement\" means all representations disseminated in any\\nmanner or by any means, other than by labeling, for the purpose of\\ninducing, or which are likely to induce, directly or indirectly, the\\npurchase of drugs, devices or cosmetics.\\n 20. \"Controlled substance\" means any drug defined as a controlled\\nsubstance by article thirty-three of the public health law.\\n 21. \"Manufacturer\" means a person who compounds, mixes, prepares,\\nproduces, and bottles or packs drugs, cosmetics or devices for the\\npurpose of distributing or selling to pharmacies or to other channels of\\ndistribution.\\n * 22. \"Administer\", for the purpose of section sixty-eight hundred one\\nof this article, means the direct application of an immunizing agent to\\nadults, whether by injection, ingestion or any other means, pursuant to\\na. a patient specific order or non-patient specific regimen prescribed\\nor ordered by a physician or certified nurse practitioner, who has a\\npractice site in the county in which the immunization is administered,\\nfor immunizations to prevent influenza or pneumococcal disease and\\nmedications required for emergency treatment of anaphylaxis or b. a\\npatient specific order prescribed or ordered by a physician or certified\\nnurse practitioner for immunizations to prevent acute herpes zoster or\\nmeningococcal disease or c. a patient specific order or non-patient\\nspecific regimen prescribed or ordered by a physician or certified nurse\\npractitioner for immunizations to prevent meningococcal disease. If the\\ncounty where the immunization is to be administered has a population of\\nseventy-five thousand or less, then the licensed physician or certified\\nnurse practitioner may be in an adjoining county. Such administration\\nshall be limited to immunizing agents to prevent influenza or\\npneumococcal disease and medications required for emergency treatment of\\nanaphylaxis.\\n * NB Effective until July 1, 2015\\n * 22. \"Administer\", for the purpose of section sixty-eight hundred one\\nof this article, means the direct application of an immunizing agent to\\nadults, whether by injection, ingestion or any other means, pursuant to\\na patient specific order or non-patient specific regimen prescribed or\\nordered issued by a physician or certified nurse practitioner who has a\\npractice site in the county in which the immunization is administered.\\nHowever if the county where the immunization is to be administered has a\\npopulation of seventy-five thousand or less, then the licensed physician\\nor certified nurse practitioner may be in an adjoining county. Such\\nadministration shall be limited to immunizing agents to prevent\\ninfluenza or pneumococcal disease and medications required for emergency\\ntreatment of anaphylaxis.\\n * NB Effective July 1, 2015 until March 31, 2016\\n 23. \"Electronic prescription\" means a prescription created, recorded,\\nor stored by electronic means; issued with an electronic signature; and\\ntransmitted by electronic means, in accordance with regulations of the\\ncommissioner and applicable regulations of the commissioner of health\\nand federal regulations; provided, however, that an original hard copy\\nprescription that is created electronically or otherwise may be\\ntransmitted from the prescriber to the pharmacist by facsimile and must\\nbe manually signed. \"Electronic\" means of or relating to technology\\nhaving electrical, digital, magnetic, wireless, optical,\\nelectromagnetic, or similar capabilities. \"Electronic signature\" means\\nan electronic sound, symbol, or process, attached to or logically\\nassociated with an electronic prescription and executed or adopted by a\\nperson with the intent to sign the prescription, in accordance with\\nregulations of the commissioner and applicable regulations of the\\ncommissioner of health and federal regulations.\\n 24. \"Compounding\" means the combining, admixing, mixing, diluting,\\npooling, reconstituting, or otherwise altering of a drug or bulk drug\\nsubstance to create a drug with respect to an outsourcing facility under\\nsection 503B of the Federal Food, Drug and Cosmetic Act and further\\ndefined in this section.\\n 25. \"Outsourcing facility\" means a facility that:\\n (a) is engaged in the compounding of sterile drugs;\\n (b) is currently registered as an outsourcing facility with the\\nSecretary of Health and Human Services; and\\n (c) complies with all applicable requirements of federal and state\\nlaw, including the Federal Food, Drug and Cosmetic Act.\\n 26. \"Sterile drug\" means a drug that is intended for parenteral\\nadministration, an ophthalmic or oral inhalation drug in aqueous format,\\nor a drug that is required to be sterile under federal or state law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6803", "title" : "Practice of pharmacy and use of title \"pharmacist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6803", "activeDate" : "2014-09-22", "sequenceNo" : 1689, "repealedDate" : null, "fromSection" : "6803", "toSection" : "6803", "text" : " § 6803. Practice of pharmacy and use of title \"pharmacist\". Only a\\nperson licensed or otherwise authorized under this article shall\\npractice pharmacy or use the title \"pharmacist\" or any derivative.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6804", "title" : "State board of pharmacy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-01", "2021-04-30" ], "docLevelId" : "6804", "activeDate" : "2014-09-22", "sequenceNo" : 1690, "repealedDate" : null, "fromSection" : "6804", "toSection" : "6804", "text" : " § 6804. State board of pharmacy. A state board of pharmacy shall be\\nappointed by the regents on recommendation of the commissioner for the\\npurpose of assisting the regents and the department on matters of\\nprofessional licensing and professional conduct in accordance with\\nsection sixty-five hundred eight of this title. The board shall be\\ncomposed of not less than nine pharmacists licensed in this state for at\\nleast five years. An executive secretary to the board shall be appointed\\nby the regents on recommendation of the commissioner and shall be a\\npharmacist licensed in this state for at least five years. The board\\nshall have power:\\n a. To regulate the practice of pharmacy and the employment of interns\\nand employees in pharmacies,\\n b. To regulate and control the sale, distribution, character and\\nstandard of drugs, poisons, cosmetics, devices and new drugs,\\n c. To employ inspectors and chemists,\\n d. To prevent the sale or distribution of such drugs, poisons,\\ncosmetics, devices and new drugs as do not conform to the provisions of\\nthis article or of the public health law,\\n e. To investigate alleged violations of the provisions of this\\narticle, through its own investigative personnel or those of other\\nagencies, to conduct hearings, to levy money penalties, and to bring\\nalleged violations to the notice of the attorney general, and\\n f. To issue limited permits or registrations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6805", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6805", "activeDate" : "2014-09-22", "sequenceNo" : 1691, "repealedDate" : null, "fromSection" : "6805", "toSection" : "6805", "text" : " § 6805. Requirements for a professional license. 1. To qualify for a\\npharmacist's license, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a bachelor's or\\nequivalent degree in pharmacy, in accordance with the commissioner's\\nregulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred seventy-five dollars to the\\ndepartment for admission to a department conducted examination and for\\nan initial license, a fee of eighty-five dollars for each\\nre-examination, a fee of one hundred fifteen dollars for an initial\\nlicense for persons not requiring admission to a department conducted\\nexamination, and a fee of one hundred fifty-five dollars for each\\ntriennial registration period.\\n 2. On or before April first, nineteen hundred seventy-two, any person\\nwho holds a valid license as \"druggist\" in this state shall make\\napplication and on the payment of fees specified in this title be\\nlicensed by the department as a pharmacist. Such person shall have all\\nof the rights, privileges, duties and responsibilities of a pharmacist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6806", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-12-14" ], "docLevelId" : "6806", "activeDate" : "2014-09-22", "sequenceNo" : 1692, "repealedDate" : null, "fromSection" : "6806", "toSection" : "6806", "text" : " § 6806. Limited permits. 1. The department may issue a limited permit\\nfor employment as a \"pharmacy intern\" to:\\n a. A student enrolled in the last two years of a registered program in\\npharmacy, or\\n b. A graduate of a program in pharmacy which meets standards\\nestablished by the commissioner's regulations who is engaged in meeting\\nthe experience requirements or whose application for initial licensure\\nis pending with the department.\\n 2. A pharmacy intern may, as determined by the commissioner's\\nregulations, practice as a pharmacist under the immediate personal\\nsupervision of a licensed pharmacist.\\n 3. A limited permit issued to a pharmacy intern shall have an\\nexpiration date of five years from the date of issue. Limited permits\\nmay be renewed once for a period not to exceed two years.\\n 4. Fees. The fee for each limited permit issued to a pharmacy intern\\nshall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6807", "title" : "Exempt persons; special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-02-07", "2025-03-21" ], "docLevelId" : "6807", "activeDate" : "2014-09-22", "sequenceNo" : 1693, "repealedDate" : null, "fromSection" : "6807", "toSection" : "6807", "text" : " § 6807. Exempt persons; special provisions. 1. This article shall not\\nbe construed to affect or prevent:\\n a. Unlicensed assistants from being employed in licensed pharmacies\\nfor purposes other than the practice of pharmacy;\\n b. Any physician, dentist, veterinarian or other licensed health care\\nprovider legally authorized to prescribe drugs under this title who is\\nnot the owner of a pharmacy or who is not in the employ of such owner,\\nfrom supplying his patients with such drugs as the physician, dentist,\\nveterinarian or other licensed health care provider legally authorized\\nto prescribe drugs under this title deems proper in connection with his\\npractice, provided, however, that all such drugs shall be dispensed in a\\ncontainer labeled with the name and address of the dispenser and\\npatient, directions for use, and date of delivery, and in addition, such\\ndrug shall bear a label containing the proprietary or brand name of the\\ndrug and, if applicable, the strength of the contents, unless the person\\nissuing the prescription specifically states on the prescription in his\\nown handwriting, that the name of the drug and the strength thereof\\nshould not appear on the label; provided further that if such drugs are\\ncontrolled substances, they shall be dispensed pursuant to the\\nrequirements of article thirty-three of the public health law;\\n c. Any merchant from selling proprietary medicines, except those which\\nare poisonous, deleterious or habit forming, or materials and devices\\nspecifically exempted by regulations of the department or by the public\\nhealth law;\\n d. Any personnel in an institution of higher learning from using\\nprescription-required drugs on the premises for authorized research,\\nexperiments or instruction, in accordance with the department's\\nregulations and, if such drugs are controlled substances, in accordance\\nwith title III of article thirty-three of the public health law; or\\n e. The necessary and ordinary activities of manufacturers and\\nwholesalers, subject to the provisions of article thirty-three of the\\npublic health law.\\n 2. a. Notwithstanding the provisions of paragraph b of subdivision\\none of this section, no prescriber who is not the owner of a pharmacy or\\nwho is not in the employ of such owner, may dispense more than a\\nseventy-two hour supply of drugs, except for:\\n (1) persons practicing in hospitals as defined in section twenty-eight\\nhundred one of the public health law;\\n (2) the dispensing of drugs at no charge to their patients;\\n (3) persons whose practices are situated ten miles or more from a\\nregistered pharmacy;\\n (4) the dispensing of drugs in a clinic, infirmary or health service\\nthat is operated by or affiliated with a post-secondary institution;\\n (5) persons licensed pursuant to article one hundred thirty-five of\\nthis title;\\n (6) the dispensing of drugs in a medical emergency as defined in\\nsubdivision six of section sixty-eight hundred ten of this article;\\n (7) the dispensing of drugs that are diluted, reconstituted or\\ncompounded by a prescriber;\\n (8) the dispensing of allergenic extracts; or\\n (9) the dispensing of drugs pursuant to an oncological or AIDS\\nprotocol.\\n b. The commissioner, in consultation with the commissioner of health,\\nmay promulgate regulations to implement this subdivision and may, by\\nregulation, establish additional renewable exemptions for a period not\\nto exceed one year from the provisions of paragraph a of this\\nsubdivision.\\n 3. A pharmacist may dispense drugs and devices to a registered\\nprofessional nurse, and a registered professional nurse may possess and\\nadminister, drugs and devices, pursuant to a non-patient specific\\nregimen prescribed or ordered by a licensed physician or certified nurse\\npractitioner, pursuant to regulations promulgated by the commissioner\\nand the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6808", "title" : "Registering and operating establishments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-10-27", "2024-04-26", "2024-05-31" ], "docLevelId" : "6808", "activeDate" : "2014-09-22", "sequenceNo" : 1694, "repealedDate" : null, "fromSection" : "6808", "toSection" : "6808", "text" : " § 6808. Registering and operating establishments. 1. No person, firm,\\ncorporation or association shall possess drugs, prescriptions or poisons\\nfor the purpose of compounding, dispensing, retailing, wholesaling, or\\nmanufacturing, or shall offer drugs, prescriptions or poisons for sale\\nat retail or wholesale unless registered by the department as a\\npharmacy, wholesaler, manufacturer or outsourcing facility.\\n 2. Pharmacies.\\n a. Obtaining a registration. A pharmacy shall be registered as\\nfollows:\\n (1) The application shall be made on a form prescribed by the\\ndepartment.\\n (2) The application shall be accompanied by a fee of three hundred\\nforty-five dollars.\\n (3) To secure and retain a registration, a pharmacy must be equipped\\nwith facilities, apparatus, utensils and stocks of drugs and medicines\\nsufficient to permit the prompt and efficient compounding and dispensing\\nof prescriptions, as prescribed by regulation.\\n b. Renewal of registration. All pharmacy registrations shall be\\nrenewed on dates set by the department. The triennial registration fee\\nshall be two hundred sixty dollars or a pro rated portion thereof as\\ndetermined by the department. At the time of renewal, the owner of every\\npharmacy shall report under oath to the department any facts required by\\nthe board of pharmacy.\\n c. Display of registration. The registration shall be conspicuously\\ndisplayed at all times in the pharmacy. The names of the owner or owners\\nof a pharmacy shall be conspicuously displayed upon the exterior of such\\nestablishment. The names so displayed shall be presumptive evidence of\\nownership of such pharmacy by such person or persons. In the event that\\nthe owner of a licensed pharmacy is not a licensed pharmacist, the\\npharmacy registration issued shall also bear the name of the licensed\\npharmacist having personal supervision of the pharmacy. In the event\\nthat such licensed pharmacist shall no longer have personal supervision\\nof the pharmacy, the owner shall notify the department of such fact and\\nof the name of the licensed pharmacist replacing the pharmacist named on\\nthe license and shall apply for an amended registration showing the\\nchange. The amended registration must be attached to the original\\nregistration and displayed in the same manner. Both the owner and the\\nsupervising pharmacist shall be responsible for carrying out the\\nprovisions of this article.\\n d. Change of location. In the event that the location of a pharmacy\\nshall be changed, the owner shall apply to the department for inspection\\nof the new location and endorsement of the registration for the new\\nlocation. The fee for inspection and endorsement shall be fifty dollars,\\nunless it appears to the satisfaction of the department that the change\\nin location is of temporary nature due to fire, flood or other disaster.\\n e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for\\nthe strength, quality, purity and the labeling thereof of all drugs,\\ntoxic substances, devices and cosmetics, dispensed or sold, subject to\\nthe guaranty provisions of this article and the public health law. Every\\nowner of a pharmacy or every pharmacist in charge of a pharmacy shall be\\nresponsible for the proper conduct of this pharmacy. Every pharmacy\\nshall be under the immediate supervision and management of a licensed\\npharmacist at all hours when open. No pharmacist shall have personal\\nsupervision of more than one pharmacy at the same time.\\n f. A pharmacy as a department. When a pharmacy is operated as a\\ndepartment of a larger commercial establishment, the area comprising the\\npharmacy shall be physically separated from the rest of the\\nestablishment, so that access to the pharmacy and drugs is not available\\nwhen a pharmacist is not on duty. Identification of the area within the\\npharmacy by use of the words \"drugs\", \"medicines\", \"drug store\", or\\n\"pharmacy\" or similar terms shall be restricted to the area licensed by\\nthe department as a pharmacy.\\n g. Limited pharmacy registration. (1) When, in the opinion of the\\ndepartment, a high standard of patient safety, consistent with good\\npatient care, can be provided by the registering of a pharmacy within a\\nhospital, nursing home or extended care facility which does not meet all\\nof the requirements for registration as a pharmacy, the department may\\nwaive any requirements pertaining to full-time operation by a licensed\\npharmacist, minimum equipment, minimum space and waiting area, provided\\nthat when the waiver of any of the above requirements is granted by the\\nboard, the pharmaceutical services to be rendered by the pharmacy shall\\nbe limited to furnishing drugs to patients registered for treatment by\\nthe hospital, and to in-patients for treatment by the nursing home or\\nextended care facility.\\n (2) When in the opinion of the department, a high standard of patient\\nsafety, consistent with good patient care, can be provided by the\\nregistering of a pharmacy within a facility distributing dialysis\\nsolutions for patients suffering from end stage renal disease and where\\nthe pharmaceutical services to be rendered by the pharmacy shall be\\nlimited to furnishing dialysis solutions to patients for whom such has\\nbeen prescribed by a duly authorized prescriber, the department may\\nwaive certain requirements, including, but not limited to, full-time\\noperation by a licensed pharmacist, minimum equipment, and minimum space\\nand waiting area. Such solutions shall only be dispensed by employees\\nwho have completed an approved training program and who have\\ndemonstrated proficiency to perform the task or tasks of assemblying,\\nlabeling or delivering a patient order and who work under the general\\nsupervision of a licensed pharmacist who shall be responsible for the\\ndistribution, record keeping, labeling and delivery of all dialysis\\nsolutions dispensed by the distributor as required by the department.\\n (3) The department shall promulgate such rules or regulations\\nconsistent with this paragraph as are necessary to ensure the safe\\ndistribution of such dialysis solution, including establishment\\nregistration and proper record keeping, storage, and labeling.\\n (4) The initial registration fee and renewal fee for a limited\\npharmacy shall be three hundred forty-five dollars for each triennial\\nregistration period.\\n h. Applicant registration. An applicant for registration as a pharmacy\\nshall be of good moral character, as determined by the department. In\\nthe case of a corporate applicant, the requirement shall extend to all\\nofficers and directors and to stockholders having a ten percent or\\ngreater interest in the corporation.\\n 4. Wholesaler's or manufacturer's registration.\\n a. Obtaining a registration. A wholesaler or manufacturer shall be\\nregistered as follows:\\n (1) The application shall be made on a form prescribed by the\\ndepartment.\\n (2) The application shall be accompanied by a fee of eight hundred\\ntwenty-five dollars.\\n b. Renewal of registration. All wholesalers' and manufacturers'\\nregistrations shall be renewed on dates set by the department. The\\ntriennial registration fee shall be five hundred twenty dollars or a pro\\nrated portion thereof as determined by the department.\\n c. Display of registration. The registration shall be displayed\\nconspicuously at all times in the place of business.\\n d. Change of location. In the event that the location of such place of\\nbusiness shall be changed, the owner shall apply to the department for\\ninspection of the new location and endorsement of the registration for\\nthe new location. The fee for inspection and endorsement shall be one\\nhundred seventy dollars, unless it appears to the satisfaction of the\\ndepartment that the change in location is of a temporary nature due to\\nfire, flood or other disaster.\\n 5. Outsourcing facility's registration.\\n a. Obtaining a registration. An outsourcing facility shall be\\nregistered as follows:\\n (1) An application for initial registration or renewal of registration\\nshall be made on a form prescribed by the department.\\n (2) An application for initial registration shall be accompanied by a\\nfee of eight hundred twenty-five dollars.\\n b. Renewal of registration. All outsourcing facilities' registrations\\nshall be renewed on a date set by the department. The triennial\\nregistration fee shall be five hundred twenty dollars or a pro rated\\nportion thereof as determined by the department.\\n c. Display of registration. The registration shall be displayed\\nconspicuously in the place of business.\\n d. Change of location. In the event that the location of such place of\\nbusiness shall be changed, the owner shall apply to the department for\\ninspection of the new location and endorsement of the registration for\\nthe new location. The fee for inspection and endorsement shall be one\\nhundred seventy-five dollars, unless it appears to the satisfaction of\\nthe department that the change in location is of a temporary nature due\\nto fire, flood or other disaster.\\n e. Report. Upon initially registering as an outsourcing facility and\\nevery six months thereafter, each outsourcing facility shall submit to\\nthe executive secretary of the state board of pharmacy a report:\\n (1) identifying the drugs compounded by such outsourcing facility\\nduring the previous 6-month period; and\\n (2) with respect to each drug identified under subparagraph one of\\nthis paragraph, providing the active ingredient; the source of such\\nactive ingredient; the National Drug Code number of the source drug or\\nbulk active ingredient, if available; the strength of the active\\ningredient per unit; the dosage form and route of administration; the\\npackage description; the number of individual units produced; and the\\nNational Drug Code number of the final product, if assigned.\\n f. Conduct of outsourcing facility. Every owner of an outsourcing\\nfacility is responsible for the strength, quality, purity and labeling\\nthereof of all compounded drugs, subject to the guaranty provisions of\\nthis article and the public health law. Every outsourcing facility shall\\nbe under the immediate supervision and management of a pharmacist\\nlicensed to practice in New York state.\\n g. Applicant for registration. An applicant for registration of an\\noutsourcing facility shall be of good moral character, as determined by\\nthe department. In the case of a corporate applicant, the requirement\\nshall extend to all officers and directors and stakeholders having a ten\\npercent or greater interest in the corporation.\\n 6. Inspection. The state board of pharmacy and the department of\\neducation, and their employees designated by the commissioner, shall\\nhave the right to enter any pharmacy, wholesaler, manufacturer,\\noutsourcing facility or vehicle and to inspect, at reasonable times,\\nsuch factory, warehouse, establishment or vehicle and all records\\nrequired by this article, pertinent equipment, finished and unfinished\\nmaterials, containers, and labels.\\n 7. Penalties. A pharmacy, wholesaler, manufacturer or outsourcing\\nfacility registered under this section shall be under the supervision of\\nthe board of regents and shall be subject to disciplinary proceedings\\nand penalties in accordance with article one hundred thirty of this\\nchapter in the same manner and to the same extent as individuals and\\nprofessional service corporations with respect to their licenses and\\nregistrations, provided that failure to comply with the requirements of\\nthis section shall constitute professional misconduct.\\n 8. Sale of drugs at auction. No controlled substance or substances and\\nno poisonous or deleterious drugs or drugs in bulk or in opened\\ncontainers shall be sold at auction unless the place where such drugs\\nare sold at auction shall have been registered by the board, and unless\\nsuch sale shall be under the personal supervision of a licensed\\npharmacist. Drugs in open containers shall not be sold at auction unless\\nthe seller shall have in his possession a certificate of the board\\nshowing that such drugs have been inspected and meet the requirements of\\nthis article. In the event that the drug so sold is one as to which this\\narticle or any federal statute or any regulation adopted pursuant to\\nthis article or an applicable federal statute require that the\\nexpiration date be stated on each package, such drug may not be sold at\\nauction after such expiration date or when such expiration date will\\noccur within a period of thirty days or less from the date of sale.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6808-A", "title" : "Identification of Pharmacists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6808-A", "activeDate" : "2014-09-22", "sequenceNo" : 1695, "repealedDate" : null, "fromSection" : "6808-A", "toSection" : "6808-A", "text" : " § 6808-a. Identification of Pharmacists. Every pharmacist on duty\\nshall be identified by a badge designed by the state board of pharmacy,\\nwhich shall contain his name and title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6808-B", "title" : "Registration of nonresident establishments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-11-29", "2026-05-29" ], "docLevelId" : "6808-B", "activeDate" : "2014-09-22", "sequenceNo" : 1696, "repealedDate" : null, "fromSection" : "6808-B", "toSection" : "6808-B", "text" : " § 6808-b. Registration of nonresident establishments. 1. Definition.\\nThe term \"nonresident establishment\" shall mean any pharmacy,\\nmanufacturer, wholesaler, or outsourcing facility located outside of the\\nstate that ships, mails or delivers prescription drugs or devices to\\nother establishments, authorized prescribers and/or patients residing in\\nthis state. Such establishments shall include, but not be limited to,\\npharmacies that transact business through the use of the internet.\\n 2. Registration. All nonresident establishments that ship, mail, or\\ndeliver prescription drugs and/or devices to other registered\\nestablishments, authorized prescribers, and/or patients into this state\\nshall be registered with the department; except that such registration\\nshall not apply to intra-company transfers between any division,\\naffiliate, subsidiaries, parent or other entities under complete common\\nownership and control. The provisions of this subdivision shall apply\\nsolely to nonresident establishments and shall not affect any other\\nprovision of this article.\\n 3. Agent of record. Each nonresident establishment that ships, mails\\nor delivers drugs and/or devices into this state shall designate a\\nresident agent in this state for service of process pursuant to rule\\nthree hundred eighteen of the civil practice law and rules.\\n 4. Conditions of registration. As a condition of registration, a\\nnonresident establishment shall comply with the following requirements:\\n a. Be licensed and/or registered and in good standing with the state\\nof residence;\\n b. Maintain, in readily retrievable form, records of drugs and/or\\ndevices shipped into this state;\\n c. Supply, upon request, all information needed by the department to\\ncarry out the department's responsibilities under the laws and rules and\\nregulations pertaining to nonresident establishments;\\n d. Comply with all statutory and regulatory requirements of the state\\nwhere the nonresident establishment is located, for prescription drugs\\nor devices shipped, mailed or delivered into this state, except that for\\ncontrolled substances shipped, mailed or delivered into this state, the\\nnonresident pharmacy shall follow federal law and New York law relating\\nto controlled substances;\\n e. The application shall be made in the manner and form prescribed by\\nthe department;\\n f. The application of establishments to be registered as a\\nmanufacturer, wholesaler or outsourcing facility of drugs and/or devices\\nshall be accompanied by a fee as provided in section sixty-eight hundred\\neight of this article; and\\n g. The application of establishments to be registered as a nonresident\\npharmacy shall be accompanied by a fee of three hundred forty-five\\ndollars and shall be renewed triennially at a fee of two hundred sixty\\ndollars.\\n 5. Additional requirements. Nonresident pharmacies registered pursuant\\nto this section shall:\\n a. Provide a toll-free telephone number that is available during\\nnormal business hours and at least forty hours per week, to enable\\ncommunication between a patient in this state and a pharmacist at the\\npharmacy who has access to the patient's records; and\\n b. Place such toll-free telephone number on a label affixed to each\\ndrug or device container.\\n 6. Disciplinary action. Except in emergencies that constitute an\\nimmediate threat to public health, the department shall not prosecute a\\ncomplaint or otherwise take formal action against a nonresident\\nestablishment based upon delivery of a drug into this state or a\\nviolation of law, rule, or regulation of this state if the agency having\\njurisdiction in the state where the nonresident establishment is based\\ncommences action on the violation complained of within one hundred\\ntwenty days from the date that the violation was reported; provided\\nhowever, that the department may prosecute a complaint or take formal\\naction against a nonresident establishment if it determines that the\\nagency having jurisdiction in the state where the nonresident\\nestablishment is based has unreasonably delayed or otherwise failed to\\ntake prompt and appropriate action on a reported violation.\\n 7. Revocation or suspension. A nonresident establishment that fails to\\ncomply with the requirements of this section shall be subject to\\nrevocation or suspension of its registration and other applicable\\npenalties in accordance with the provisions of article one hundred\\nthirty of this chapter.\\n 8. Exception. The department may grant an exception from the\\nregistration requirements of this section on the application of a\\nnonresident establishment that restricts its sale or dispensing of drugs\\nand/or devices to residents of this state to isolated transactions.\\n 9. Rules and regulations. The department shall promulgate rules and\\nregulations to implement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6810", "title" : "Prescriptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-24", "2015-03-20", "2015-05-01", "2016-04-22", "2016-06-03", "2016-10-07", "2016-12-02", "2017-03-03", "2017-08-18", "2017-10-27", "2020-04-17", "2022-08-19", "2023-06-16", "2024-11-29", "2025-02-07", "2025-02-28", "2025-03-21", "2026-05-29" ], "docLevelId" : "6810", "activeDate" : "2014-09-22", "sequenceNo" : 1697, "repealedDate" : null, "fromSection" : "6810", "toSection" : "6810", "text" : " § 6810. Prescriptions. 1. No drug for which a prescription is required\\nby the provisions of the Federal Food, Drug and Cosmetic Act or by the\\ncommissioner of health shall be distributed or dispensed to any person\\nexcept upon a prescription written by a person legally authorized to\\nissue such prescription. Such drug shall be compounded or dispensed by a\\nlicensed pharmacist, and no such drug shall be dispensed without\\naffixing to the immediate container in which the drug is sold or\\ndispensed a label bearing the name and address of the owner of the\\nestablishment in which it was dispensed, the date compounded, the number\\nof the prescription under which it is recorded in the pharmacist's\\nprescription files, the name of the prescriber, the name and address of\\nthe patient, and the directions for the use of the drug by the patient\\nas given upon the prescription. All labels shall conform to such rules\\nand regulations as promulgated by the commissioner pursuant to section\\nsixty-eight hundred twenty-nine of this article. The prescribing and\\ndispensing of a drug which is a controlled substance shall be subject to\\nadditional requirements provided in article thirty-three of the public\\nhealth law. The words \"drug\" and \"prescription required drug\" within the\\nmeaning of this article shall not be construed to include soft or hard\\ncontact lenses, eyeglasses, or any other device for the aid or\\ncorrection of vision. Nothing in this subdivision shall prevent a\\npharmacy from furnishing a drug to another pharmacy which does not have\\nsuch drug in stock for the purpose of filling a prescription.\\n 2. A prescription may not be refilled unless it bears a contrary\\ninstruction and indicates on its face the number of times it may be\\nrefilled. A prescription may not be refilled more times than allowed on\\nthe prescription. The date of each refilling must be indicated on the\\noriginal prescription. Prescriptions for controlled substances shall be\\nrefilled only pursuant to article thirty-three of the public health law.\\n 3. A copy of a prescription for a controlled substance shall not be\\nfurnished to the patient but may be furnished to any licensed\\npractitioner authorized to write such prescription. Copies of other\\nprescriptions shall be furnished to the patient at his request, but such\\ncopies are issued for the informational purposes of the prescribers\\nonly, and shall be so worded.\\n 4. (a) Oral prescriptions for controlled substances shall be filled\\npursuant to article thirty-three of the public health law. A pharmacist\\nmay fill an oral prescription for a drug, other than a controlled\\nsubstance, made by a practitioner legally authorized to prescribe drugs.\\nAn oral authorization for the refill of a prescription, other than a\\nprescription for a controlled substance, may be made by a practitioner\\nlegally authorized to prescribe drugs. The pharmacist receiving such\\noral authorization for the refill of a prescription shall write on the\\nreverse side of the original prescription the date, time, and name of\\nthe practitioner authorizing the refill of the prescription. An oral\\nprescription or an oral authorization for the refill of a prescription\\nfor the drug, other than a controlled substance, may be communicated by\\nan employee of the prescribing practitioner; provided, however, the\\npharmacist shall:\\n (i) contemporaneously reduce such prescription to writing;\\n (ii) dispense the substance in conformity with the labeling\\nrequirements applicable to a written prescription; and\\n (iii) make a good faith effort to verify the employee's identity if\\nthe employee is unknown to the pharmacist.\\n (b) Oral prescriptions for patients in general hospitals, nursing\\nhomes, residential health care facilities as defined in section\\ntwenty-eight hundred one of the public health law, hospitals as defined\\nin subdivision ten of section 1.03 of the mental hygiene law, or\\nfacilities operated by the office for people with developmental\\ndisabilities, may be communicated to a pharmacist serving as a vendor of\\npharmaceutical services based upon a contractual arrangement by an agent\\ndesignated by and under the direction of the prescriber or the\\ninstitution. Such agent shall be a health care practitioner currently\\nlicensed and registered under this title.\\n 5. Records of all prescriptions filled or refilled shall be maintained\\nfor a period of at least five years and upon request made available for\\ninspection and copying by a representative of the department. Such\\nrecords shall indicate date of filling or refilling, doctor's name,\\npatient's name and address and the name or initials of the pharmacist\\nwho prepared, compounded, or dispensed the prescription. Records of\\nprescriptions for controlled substances shall be maintained pursuant to\\nrequirements of article thirty-three of the public health law.\\n 6. (a) Every prescription written in this state by a person authorized\\nto issue such prescription shall be on prescription forms containing one\\nline for the prescriber's signature. The prescriber's signature shall\\nvalidate the prescription. Every electronic prescription shall provide\\nfor the prescriber's electronic signature, which shall validate the\\nelectronic prescription. Imprinted conspicuously on every prescription\\nwritten in this state in eight point upper case type immediately below\\nthe signature line shall be the words: \"THIS PRESCRIPTION WILL BE FILLED\\nGENERICALLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX BELOW\". Unless\\nthe prescriber writes d a w in such box in the prescriber's own\\nhandwriting or, in the case of electronic prescriptions, inserts an\\nelectronic direction to dispense the drug as written, the prescriber's\\nsignature or electronic signature shall designate approval of\\nsubstitution by a pharmacist of a drug product pursuant to paragraph (o)\\nof subdivision one of section two hundred six of the public health law.\\nNo other letters or marks in such box shall prohibit substitution. No\\nprescription forms used or intended to be used by a person authorized to\\nissue a prescription shall have 'd a w' preprinted in such box. Such box\\nshall be placed directly under the signature line and shall be\\nthree-quarters inch in length and one-half inch in height, or in\\ncomparable form for an electronic prescription as may be specified by\\nregulation of the commissioner. Immediately below such box shall be\\nimprinted in six point type the words \"Dispense As Written\".\\nNotwithstanding any other provision of law, no state official, agency,\\nboard or other entity shall promulgate any regulation or guideline\\nmodifying those elements of the prescription form's contents specified\\nin this subdivision. To the extent otherwise permitted by law, a\\nprescriber may modify only those elements of the prescription form's\\ncontents not specified in this subdivision. Notwithstanding any other\\nprovision of this section or any other law, when a generic drug is not\\navailable and the brand name drug originally prescribed is available and\\nthe pharmacist agrees to dispense the brand name product for a price\\nthat will not exceed the price that would have been charged for the\\ngeneric substitute had it been available, substitution of a generic drug\\nproduct will not be required. If the generic drug product is not\\navailable and a medical emergency situation, which for purposes of this\\nsection is defined as any condition requiring alleviation of severe pain\\nor which threatens to cause disability or take life if not promptly\\ntreated, exists, then the pharmacist may dispense the brand name product\\nat his regular price. In such instances the pharmacist must record the\\ndate, hour and nature of the medical emergency on the back of the\\nprescription and keep a copy of all such prescriptions.\\n (b) The prescriber shall inform the patient whether he or she has\\nprescribed a brand name or its generic equivalent drug product.\\n (c) The provisions of this subdivision shall not apply to a hospital\\nas defined in article twenty-eight of the public health law.\\n (d) No prescriber shall be subjected to civil liability arising solely\\nfrom authorizing, in accordance with this subdivision, the substitution\\nby a pharmacist of a drug product pursuant to paragraph (o) of\\nsubdivision one of section two hundred six of the public health law.\\n 7. (a) No prescription for a drug written in this state by a person\\nauthorized to issue such prescription shall be on a prescription form\\nwhich authorizes the dispensing or compounding of any other drug. No\\ndrug shall be dispensed by a pharmacist when such prescription form\\nincludes any other drug.\\n (b) With respect to drugs other than controlled substances, the\\nprovisions of this subdivision shall not apply to pharmacists employed\\nby or providing services under contract to general hospitals, nursing\\nhomes, residential health care facilities as defined in section\\ntwenty-eight hundred one of the public health law, hospitals as defined\\nin subdivision ten of section 1.03 of the mental hygiene law, or\\nfacilities operated by the office for people with developmental\\ndisabilities, who dispense drugs in the course of said employment or in\\nthe course of providing such services under contract. With respect to\\nsuch pharmacists, each prescription shall be transcribed on a patient\\nspecific prescription form.\\n 8. Every prescription (whether or not for a controlled substance)\\nwritten in this state by a person authorized to issue such prescription\\nand containing the prescriber's signature shall, in addition to such\\nsignature, be imprinted or stamped legibly and conspicuously with the\\nprinted name of the prescriber who has signed the prescription. The\\nimprinted or stamped name of the signing prescriber shall appear in an\\nappropriate location on the prescription form and shall not be entered\\nin or upon any space or line reserved for the prescriber's signature.\\nThe imprinted or stamped name shall not be employed as a substitute for,\\nor fulfill any legal requirement otherwise mandating that the\\nprescription be signed by the prescriber.\\n 9. No person, corporation, association or other entity, not licensed\\nto issue a prescription pursuant to this title, shall wilfully cause\\nprescription forms, blanks or facsimiles thereof to be disseminated to\\nany person other than a person who is licensed to issue a prescription\\npursuant to this title. A violation of this subdivision shall be a class\\nB misdemeanor punishable in accordance with the provisions of the penal\\nlaw.\\n 10. Notwithstanding any other provision of this section or any other\\nlaw to the contrary, effective two years subsequent to the date on which\\nregulations establishing standards for electronic prescriptions are\\npromulgated by the commissioner of health, in consultation with the\\ncommissioner pursuant to subdivision three of section two hundred\\neighty-one of the public health law, no practitioner shall issue any\\nprescription in this state, unless such prescription is made by\\nelectronic prescription from the practitioner to a pharmacy, except for\\nprescriptions: (a) issued by veterinarians; (b) issued or dispensed in\\ncircumstances where electronic prescribing is not available due to\\ntemporary technological or electrical failure, as set forth in\\nregulation; (c) issued by practitioners who have received a waiver or a\\nrenewal thereof for a specified period determined by the commissioner of\\nhealth, not to exceed one year, from the requirement to use electronic\\nprescribing, pursuant to a process established in regulation by the\\ncommissioner of health, in consultation with the commissioner due to\\neconomic hardship, technological limitations that are not reasonably\\nwithin the control of the practitioner, or other exceptional\\ncircumstance demonstrated by the practitioner; (d) issued by a\\npractitioner under circumstances where, notwithstanding the\\npractitioner's present ability to make an electronic prescription as\\nrequired by this subdivision, such practitioner reasonably determines\\nthat it would be impractical for the patient to obtain substances\\nprescribed by electronic prescription in a timely manner, and such delay\\nwould adversely impact the patient's medical condition, provided that if\\nsuch prescription is for a controlled substance, the quantity that does\\nnot exceed a five day supply if the controlled substance was used in\\naccordance with the directions for use; or (e) issued by a practitioner\\nto be dispensed by a pharmacy located outside the state, as set forth in\\nregulation.\\n 11. In the case of a prescription issued by a practitioner under\\nparagraph (b) of subdivision ten of this section, the practitioner shall\\nbe required to file information about the issuance of such prescription\\nwith the department of health as soon as practicable, as set forth in\\nregulation.\\n 12. In the case of a prescription issued by a practitioner under\\nparagraph (d) or (e) of subdivision ten of this section, the\\npractitioner shall, upon issuing such prescription, file information\\nabout the issuance of such prescription with the department of health by\\nelectronic means, as set forth in regulation.\\n 13. The waiver process established in regulation pursuant to paragraph\\n(c) of subdivision ten of this section shall provide that a practitioner\\nprescribing under a waiver must notify the department in writing\\npromptly upon gaining the capability to use electronic prescribing, and\\nthat a waiver shall terminate within a specified period of time after\\nthe practitioner gains such capability.\\n 14. Notwithstanding any other provision of law to the contrary, no\\noutsourcing facility may distribute or dispense any drug to any person\\npursuant to a prescription unless it is also registered as a pharmacy in\\nthis state and meets all other applicable requirements of federal and\\nstate law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6811", "title" : "Misdemeanors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-25" ], "docLevelId" : "6811", "activeDate" : "2014-09-22", "sequenceNo" : 1698, "repealedDate" : null, "fromSection" : "6811", "toSection" : "6811", "text" : " § 6811. Misdemeanors. It shall be a class A misdemeanor for:\\n 1. Any person knowingly or intentionally to prevent or refuse to\\npermit any board member or department representative to enter a pharmacy\\nor any other establishment for the purpose of lawful inspection;\\n 2. Any person whose license has been revoked to refuse to deliver the\\nlicense;\\n 3. Any pharmacist to display his license or permit it to be displayed\\nin a pharmacy of which he is not the owner or in which he is not\\nemployed, or any owner to fail to display in his pharmacy the license of\\nthe pharmacist employed in said pharmacy;\\n 4. Any holder of a license to fail to display the license;\\n 5. Any owner of a pharmacy to display or permit to be displayed in his\\npharmacy the license of any pharmacist not employed in said pharmacy;\\n 6. Any person to carry on, conduct or transact business under a name\\nwhich contains as a part thereof the words \"drugs\", \"medicines\", \"drug\\nstore\", \"apothecary\", or \"pharmacy\", or similar terms or combination of\\nterms, or in any manner by advertisement, circular, poster, sign or\\notherwise describe or refer to the place of business conducted by such\\nperson, or describe the type of service or class of products sold by\\nsuch person, by the terms \"drugs\", \"medicine\", \"drug store\",\\n\"apothecary\", or \"pharmacy\", unless the place of business so conducted\\nis a pharmacy licensed by the department;\\n 7. Any person to enter into an agreement with a physician, dentist,\\npodiatrist or veterinarian for the compounding or dispensing of secret\\nformula (coded) prescriptions;\\n 8. Any person to sell or distribute any instrument or article, or any\\nrecipe, drug or medicine for the prevention of conception to a minor\\nunder the age of sixteen years; the sale or distribution of such to a\\nperson other than a minor under the age of sixteen years is authorized\\nonly by a licensed pharmacist but the advertisement or display of said\\narticles, within or without the premises of such pharmacy is hereby\\nprohibited;\\n 9. Any person to manufacture, sell, deliver for sale, hold for sale or\\noffer for sale of any drug, device or cosmetic that is adulterated or\\nmisbranded;\\n 10. Any person to adulterate or misbrand any drug, device or cosmetic;\\n 11. Any person to receive in commerce any drug, device or cosmetic\\nthat is adulterated or misbranded, and to deliver or proffer delivery\\nthereof for pay or otherwise;\\n 12. Any person to sell, deliver for sale, hold for sale, or offer for\\nsale any drug, device or cosmetic in violation of this article;\\n 13. Any person to disseminate any false advertisement;\\n 14. Any person to refuse to permit entry or inspection as authorized\\nby this article;\\n 15. Any person to forge, counterfeit, simulate, or falsely represent,\\nor without proper authority using any mark, stamp, tag, label or other\\nidentification device authorized or required by rules and regulations\\npromulgated under the provisions of this article;\\n 16. Any person to use for his own advantage, or reveal, other than to\\nthe commissioner or his duly authorized representative, or to the courts\\nwhen relevant in any judicial proceedings under this article, any\\ninformation acquired under authority of this article or concerning any\\nmethod or process, which is a trade secret;\\n 17. Any person to alter, mutilate, destroy, obliterate or remove the\\nwhole or any part of the labeling of, or the doing of any other act with\\nrespect to a drug, device, or cosmetic, if such act is done while such\\narticle is held for sale and results in such article being misbranded;\\n 18. Any person to use on the labeling of any drug or in any\\nadvertising relating to such drug any representation or suggestion that\\nan application with respect to such drug is effective under section\\nsixty-eight hundred seventeen of this chapter or that such is in\\ncompliance with the provisions of such section;\\n 19. Any person to violate any of the provisions of section sixty-eight\\nhundred ten of this article;\\n 20. Any person to violate any of the provisions of section sixty-eight\\nhundred sixteen of this article;\\n 21. Any person, to sell at retail or give away in tablet form\\nbichloride of mercury, mercuric chloride or corrosive sublimate, unless\\nsuch bichloride of mercury, mercuric chloride or corrosive sublimate,\\nwhen so sold, or given away, shall conform to the provisions of national\\nformulary XII. Nothing contained in this paragraph shall be construed to\\nprohibit the sale and dispensing of bichloride of mercury in any form,\\nshape, or color, when combined or compounded with one or more other\\ndrugs or excipients, for the purposes of internal medication only, or\\nwhen sold in bulk in powder form, or to any preparation containing\\none-tenth of a grain or less of bichloride of mercury;\\n 22. Any pharmacy to fail to properly post the list required by section\\nsixty-eight hundred twenty-six of this article;\\n 23. Any pharmacy to change its current selling price without changing\\nthe listed price as provided by section sixty-eight hundred twenty-six\\nof this article;\\n 24. Any person to refuse to permit access to or copying of any record\\nas required by this article; or\\n 25. Any manufacturer to sell or offer for sale any drug not\\nmanufactured, prepared or compounded under the personal supervision of a\\nchemist or licensed pharmacist or not labeled with the full name of the\\nmanufacturer or seller.\\n 26. Any outsourcing facility to sell or offer to sell any drug that is\\nnot both compounded under the personal supervision of a licensed\\npharmacist and labeled with the full name of the outsourcing facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6811-A", "title" : "Certain drugs to be clearly marked or labeled", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6811-A", "activeDate" : "2014-09-22", "sequenceNo" : 1699, "repealedDate" : null, "fromSection" : "6811-A", "toSection" : "6811-A", "text" : " § 6811-a. Certain drugs to be clearly marked or labeled. 1. Except as\\notherwise authorized in the Federal Food, Drug and Cosmetic Act, no drug\\nfor which a prescription is required by the provisions of the Federal\\nFood, Drug and Cosmetic Act or by the commissioner of health may be\\nmanufactured or commercially distributed within this state in tablet or\\ncapsule form unless it has clearly marked or imprinted on each such\\ntablet or capsule in conformance with the applicable plan required by\\nsubdivision three of this section:\\n (a) an individual symbol, number, company name, words, letters,\\nmarking or National Drug Code (hereinafter referred to as N. D. C.)\\nnumber identifying the manufacturer or distributor of the drug; and\\n (b) an N. D. C. number, symbol, number, letters, words or marking\\nidentifying such drug or combination of drugs.\\n 2. Except as otherwise authorized in the Federal Food, Drug and\\nCosmetic Act, no drug for which any prescription is required by the\\nprovisions of the Federal Food, Drug and Cosmetic Act or by the\\ncommissioner of health contained within a bottle, vial, carton or other\\ncontainer, or in any way affixed or appended to or enclosed within a\\npackage of any kind, and designed or intended for delivery in such\\ncontainer or package to an ultimate consumer, shall be manufactured or\\ndistributed within this state unless such container or package has\\nclearly and permanently marked or imprinted upon it in conformance with\\nthe applicable plan required by subdivision three of this section:\\n (a) an individual symbol, N. D. C. number, company name, number,\\nletters, words or marking identifying the manufacturer or distributor of\\nthe drug;\\n (b) an N. D. C. number, symbol, number, letters, words or marking\\nidentifying such drug or combination of drugs; and\\n (c) whenever the distributor of the prescription drug product does not\\nalso manufacture the product the names and places of business of both\\nshall appear on the label in words clearly distinguishing each.\\n 3. (a) Each manufacturer and distributor shall prepare and submit to\\nthe commissioner of health a proposed plan of the manufacturer or\\ndistributor, as the case may be, to have its products comply with the\\nmarking and labeling requirements of this section.\\n (b) Such plan shall be in writing and shall give the respective dates\\nby which the various products manufactured or distributed will each\\ncontain the required mark or label. The plan shall state the reasons why\\nthe projected date of compliance has been proposed and such other\\ninformation deemed relevant or that the commissioner of health shall\\nrequire.\\n (c) The commissioner may either approve the plan as proposed or, after\\nconsultation with the manufacturer or distributor, require an amendment\\nor the commissioner may promulgate a plan for the manufacturer or\\ndistributor. No plan or amendment to the plan shall be effective until\\napproved or promulgated by the commissioner of health upon a finding by\\nhim that the time limitations provided for therein are reasonable and\\nwill best carry out the intendment of this section.\\n 4. Each manufacturer and/or distributor shall publish and make\\navailable, upon request, to the department of education, to each\\nphysician, dentist, pharmacy, hospital or other institution wherein such\\ndrugs may be used, a printed material which will identify each imprint\\nused by the manufacturer or distributor. Updated materials shall be\\nprovided as changes occur, upon the filing of an annual request. The\\nprovisions of this subdivision shall be deemed to be complied with when\\na prescription drug product is included in the Physician's Desk\\nReference.\\n 5. Every person, firm or corporation violating the provisions of this\\nsection for any prescription drug product shall be guilty of an offense\\npunishable by a fine of not less than twenty-five hundred dollars nor\\nmore than ten thousand dollars. Any prescription drug product prepared\\nor manufactured in violation of this section shall be contraband and\\nsubject to seizure either by the state board of pharmacy or by any law\\nenforcement officer of the state.\\n 6. The provisions of this section shall not apply to any tablet or\\ncapsule which contains a controlled substance as that term is defined by\\narticle thirty-three of the public health law or which is prepared or\\nmanufactured by a pharmacist duly licensed by the state which is made by\\nhim for the purpose of retail sale from his principal place of business\\nand not intended for resale.\\n 7. The commissioner of health may exempt a particular tablet or\\ncapsule from the requirements of this section, upon application by a\\nmanufacturer, on the grounds that labeling such a tablet or capsule is\\nunfeasible because of size or texture or other unique characteristics.\\n 8. (a) As used in this section, the term \"distributor\" means the\\nperson, firm, corporation or other entity which is not the actual\\nmanufacturer of a prescription drug product but which distributes such\\nproduct for resale under the label of such person, firm, corporation or\\nentity.\\n (b) For purposes of subdivision four \"drug product\" means the entire\\nsupply of the finished dosage form of the drug.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6811-B", "title" : "Door-to-door distribution of drugs prohibited", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6811-B", "activeDate" : "2014-09-22", "sequenceNo" : 1700, "repealedDate" : null, "fromSection" : "6811-B", "toSection" : "6811-B", "text" : " § 6811-b. Door-to-door distribution of drugs prohibited. It shall be\\na violation, punishable by a fine not to exceed two hundred fifty\\ndollars, for a manufacturer, distributor, or seller of drugs or an\\nemployee or agent thereof to distribute a free sample of any drug, other\\nthan a cosmetic not intended for ingestion, to any residential dwelling\\nunless the sample is given directly to a person who is, or reasonably\\nappears to be, over the age of eighteen. This section shall not be\\nconstrued to permit distribution where otherwise prohibited by this\\nchapter or any other law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6812", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6812", "activeDate" : "2014-09-22", "sequenceNo" : 1701, "repealedDate" : null, "fromSection" : "6812", "toSection" : "6812", "text" : " § 6812. Special provisions. 1. Where any pharmacy, manufacturer,\\nwholesaler or outsourcing facility registered by the department is\\ndamaged by fire the board shall be notified within a period of\\nforty-eight hours, and the board shall have power to impound all drugs\\nfor analysis and condemnation, if found unfit for use. Where a pharmacy\\nis discontinued, the owner of its prescription records shall notify the\\ndepartment as to the disposition of said prescription records, and in no\\ncase shall records be sold or given away to a person who does not\\ncurrently possess a registration to operate a pharmacy.\\n 2. Nothing in this article shall be construed as requiring the\\nprosecution or the institution of injunction proceedings for minor\\nviolations of this article whenever the public interest will be\\nadequately served by a suitable written notice of warning.\\n 3. The executive secretary of the state board of pharmacy is\\nauthorized to conduct examinations and investigations for the purposes\\nof this article through officers and employees of the United States, or\\nthrough any health, food, or drug officer or employee of any city,\\ncounty or other political subdivision of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6813", "title" : "Seizure: 1", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6813", "activeDate" : "2014-09-22", "sequenceNo" : 1702, "repealedDate" : null, "fromSection" : "6813", "toSection" : "6813", "text" : " § 6813. Seizure: 1. Any drug, device or cosmetic that is adulterated,\\nmisbranded or may not be sold under the provisions of this chapter, may\\nbe seized on petition or complaint of the board and condemned in the\\nsupreme court of any county in which it is found. Seizure shall be made:\\n a. by process pursuant to the petition or complaint, or\\n b. if the secretary or other officer designated by him has probable\\ncause to believe that the article\\n (1) is one which may not be sold under the provisions of section\\nsixty-eight hundred seventeen of this chapter, or\\n (2) is adulterated, or\\n (3) is so misbranded as to be dangerous to health.\\nThe article shall be seized by order of such officer. The order shall\\ndescribe the article to be seized, the place where the article is\\nlocated, and the officer or employee making the seizure. The officer, in\\nlieu of taking actual possession, may affix a tag or other appropriate\\nmarking to the article giving notice that the article has been\\nquarantined and warning all persons not to remove or dispose of it by\\nsale or otherwise until permission for removal or disposal is given by\\nthe officer or the court. In case of seizures or quarantine, pursuant to\\nsuch order, the jurisdiction of such court shall attach upon such\\nseizure or quarantine, and a petition or complaint for condemnation\\nshall be filed promptly.\\n 2. The procedure for cases under this section shall conform as much as\\npossible to the procedure for attachment. Any issue of fact joined in\\nany case under this section shall be tried by jury on the demand of\\neither party. The court at any time after seizure and up to the time of\\ntrial shall allow by order any party or his agent or attorney to obtain\\na representative sample of the condemned material, a true copy of the\\nanalysis on which the proceeding was based, and the identifying marks or\\nnumbers, if any, on the packages from which the samples analyzed were\\nobtained.\\n 3. Any drug, device or cosmetic condemned under this section shall be\\ndisposed of by destruction or sale as the court may direct after the\\ndecree in accordance with the provisions of this section. The proceeds\\nof the sale, if any, shall be paid into the state treasury after\\ndeduction for legal costs and charges. However, the drug, device or\\ncosmetic shall not be sold contrary to the provisions of this article.\\nAfter entry of the decree, if the owner of the condemned articles pays\\nthe costs of the proceeding and posts a sufficient bond as security that\\nthe articles will not be disposed of contrary to the provisions of this\\narticle, the court may by order direct that the seized articles be\\ndelivered to the owner to be destroyed or brought into conformance with\\nthis article under supervision of the secretary. The expenses of the\\nsupervision shall be borne by the person obtaining the release under\\nbond. Any drug condemned by reason of its being a new drug which may not\\nbe sold under this article shall be disposed of by destruction.\\n 4. When the decree of condemnation is entered, court costs and fees,\\nstorage and other expense shall be awarded against the person, if any,\\nintervening as claimant of the condemned articles.\\n 5. In any proceeding against the board, or the secretary, or an agent\\nof either, because of seizure, or quarantine, under this section, the\\nboard, or the secretary, or such agent shall not be liable if the court\\nfinds that there was probable cause for the acts done by them.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6814", "title" : "Records of shipment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6814", "activeDate" : "2014-09-22", "sequenceNo" : 1703, "repealedDate" : null, "fromSection" : "6814", "toSection" : "6814", "text" : " § 6814. Records of shipment. For the purpose of enforcing provisions\\nof this article, carriers engaged in commerce, and persons receiving\\ndrugs, devices or cosmetics in commerce or holding such articles so\\nreceived, shall, upon the request of an officer duly assigned by the\\nsecretary, permit such officer, at reasonable times, to have access to\\nand to copy all records showing the movement in commerce of any drug,\\ndevice or cosmetic, or the holding thereof during or after such\\nmovement, and the quantity, shipper, and consignee thereof: and it shall\\nbe unlawful for any such carrier or person to fail to permit such access\\nto and copying of any such record so requested when such request is\\naccompanied by a statement in writing specifying the nature or kind of\\ndrug, device or cosmetic to which such request relates: Provided, that\\nevidence obtained under this section shall not be used in a criminal\\nprosecution of the person from whom obtained: Provided further, that\\ncarriers shall not be subject to the other provisions of this article by\\nreason of their receipt, carriage, holding or delivery of drugs, devices\\nor cosmetics in the usual course of business as carriers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6815", "title" : "Adulterating, misbranding and substituting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6815", "activeDate" : "2014-09-22", "sequenceNo" : 1704, "repealedDate" : null, "fromSection" : "6815", "toSection" : "6815", "text" : " § 6815. Adulterating, misbranding and substituting. 1. Adultered\\ndrugs. A drug or device shall be deemed to be adulterated:\\n a. (1) If it consists in whole or in part of any filthy, putrid, or\\ndecomposed substance; or (2) if it has been prepared, packed, or held\\nunder insanitary conditions whereby it may have been contaminated with\\nfilth, or whereby it may have been rendered injurious to health; or (3)\\nif it is a drug and its container is composed, in whole or in part, of\\nany poisonous or deleterious substance which may render the contents\\ninjurious to health; or (4) if it is a drug and it bears or contains,\\nfor purposes of coloring only, a coal-tar color other than one from a\\nbatch that has been certified in accordance with regulations provided in\\nthis article.\\n b. If it purports to be, or is represented as, a drug the name of\\nwhich is recognized in an official compendium, and its strength differs\\nfrom, or its quality or purity falls below, the standard set forth in\\nsuch compendium. Such determination as to strength, quality or purity\\nshall be made in accordance with the tests or methods of assay set forth\\nin such compendium, or, in the absence or inadequacy of such tests or\\nmethods of assay, then in accordance with tests or methods of assay\\nprescribed by regulations of the board of pharmacy as promulgated under\\nthis article. Deviations from the official assays may be made in the\\nquantities of samples and reagents employed, provided they are in\\nproportion to the quantities stated in the official compendium. No drug\\ndefined in an official compendium shall be deemed to be adulterated\\nunder this paragraph because (1) it exceeds the standard of strength\\ntherefor set forth in such compendium, if such difference is plainly\\nstated on its label; or (2) it falls below the standard of strength,\\nquality, or purity therefor set forth in such compendium if such\\ndifference is plainly stated on its label, except that this clause shall\\napply only to such drugs, or classes of drugs, as are specified in regu-\\nlations which the board shall promulgate when, as applied to any drug,\\nor class of drugs, the prohibition of such difference is not necessary\\nfor the protection of the public health. Whenever a drug is recognized\\nin both the United States pharmacopoeia and the homeopathic\\npharmacopoeia of the United States, it shall be subject to the\\nrequirements of the United States pharmacopoeia unless it is labeled and\\noffered for sale as a homeopathic drug, in which case it shall be\\nsubject to the provisions of the homeopathic pharmacopoeia of the United\\nStates and not to those of the United States pharmacopoeia.\\n c. If it is not subject to the provisions of paragraph b of this\\nsubdivision and its strength differs from, or its purity or quality\\nfalls below, that which it purports or is represented to possess.\\n d. If it is a drug and any substance has been (1) mixed or packed\\ntherewith so as to reduce its quality or strength or (2) substituted\\nwholly or in part therefor.\\n e. If it is sold under or by a name not recognized in or according to\\na formula not given in the United States pharmacopoeia or the national\\nformulary but that is found in some other standard work on pharmacology\\nrecognized by the board, and it differs in strength, quality or purity\\nfrom the strength, quality or purity required, or the formula prescribed\\nin, the standard work.\\n 2. Misbranded and substituted drugs and devices. A drug or device\\nshall be deemed to be misbranded:\\n a. If its labeling is false or misleading in any particular.\\n b. If in package form, unless it bears a label containing (1) the name\\nand place of business of the manufacturer, packer, or distributor; and\\n(2) an accurate statement of the quantity of the contents in terms of\\nweight, measure, or numerical count: Provided, that under clause (2) of\\nthis paragraph the board may establish reasonable variations as to\\nquantity and exemptions as to small packages.\\n c. If any word, statement, or other information required by or under\\nauthority of this article to appear on the label or labeling is not\\nprominently placed thereon with such conspicuousness (as compared with\\nother words, statements, designs, or devices, in the labeling) and in\\nsuch terms as to render it likely to be read and understood by the\\nordinary individual under customary conditions of purchase and use.\\n d. If it is for use by man and contains any quantity of the narcotic\\nor hypnotic substance alpha eucaine, barbituric acid, beta eucaine,\\nbromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin,\\nmarihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane; or\\nany chemical derivative of such substance, which derivative has been by\\nthe secretary, after investigation, found to be, and by regulations\\nunder this article, or by regulations promulgated by the board,\\ndesignated as, habit forming; unless its label bears the name and\\nquantity, or proportion, of such substance or derivative and in\\njuxtaposition therewith the statement \"Warning--May be habit forming.\"\\n e. If it is a drug and is not designated solely by a name recognized\\nin an official compendium unless its label bears (1) the common or usual\\nname of the drug, if such there be; and (2) in case it is fabricated\\nfrom two or more ingredients, the common or usual name of each active\\ningredient, including the kind and quantity by percentage or amount of\\nany alcohol, and also including, whether active or not, the name and\\nquantity or proportion of any bromides, ether, chloroform, acetanilid,\\nacetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,\\nhyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain,\\nstrophanthin, strychnine, thyroid, or any derivative or preparation of\\nany such substances, contained therein: Provided, that, to the extent\\nthat compliance with the requirements of clause (2) of this paragraph is\\nimpracticable, exemptions shall be established by regulations\\npromulgated by the board.\\n f. Unless its labeling bears (1) adequate directions for use; and (2)\\nsuch adequate warnings against use in those pathological conditions or\\nby children where its use may be dangerous to health, or against unsafe\\ndosage or methods or duration of administration or application, in such\\nmanner and form, as are necessary for the protection of users: Provided,\\nthat, where any requirement of clause (1) of this paragraph, as applied\\nto any drug or device, is not necessary for the protection of the public\\nhealth, the board shall promulgate regulations exempting such drug or\\ndevice from such requirement.\\n g. If it purports to be a drug the name of which is recognized in an\\nofficial compendium, unless it is packaged and labeled as prescribed\\ntherein: Provided, that, the method of packing may be modified with the\\nconsent of the secretary in accordance with regulations promulgated by\\nthe board. Whenever a drug is recognized in both the United States\\npharmacopoeia and the homeopathic pharmacopoeia of the United States, it\\nshall be subject to the requirements of the United States pharmacopoeia\\nwith respect to packaging and labeling unless it is labeled and offered\\nfor sale as a homeopathic drug, in which case it shall be subject to the\\nprovisions of the homeopathic pharmacopoeia of the United States, and\\nnot to those of the United States pharmacopoeia.\\n h. (1) If it is a drug and its container is so made, formed or filled\\nas to be misleading; (2) if it is an imitation of another drug; (3) if\\nit is offered for sale under the name of another drug; or (4) if it\\nbears a copy, counterfeit, or colorable imitation of the trademark,\\nlabel, container or identifying name or design of another drug.\\n i. If it is dangerous to health when used in the dosage, or with the\\nfrequency or duration prescribed, recommended or suggested in the\\nlabeling thereof.\\n j. Except as required by article thirty-three of the public health\\nlaw, the labeling provisions of this article shall not apply to the\\ncompounding and dispensing of drugs on the written prescription of a\\nphysician, a dentist, a podiatrist or a veterinarian, which prescription\\nwhen filled shall be kept on file for at least five years by the\\npharmacist or druggist. Such drug shall bear a label containing the name\\nand place of business of the dispenser, the serial number and date of\\nthe prescription, directions for use as may be stated in the\\nprescription, name and address of the patient and the name of the\\nphysician or other practitioner authorized by law to issue the\\nprescription. In addition, such label shall contain the proprietary or\\nbrand name of the drug and, if applicable, the strength of the contents,\\nunless the person issuing the prescription explicitly states on the\\nprescription, in his own handwriting, that the name of the drug and the\\nstrength thereof should not appear on the label.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6816", "title" : "Omitting to label drugs, or labeling them wrongly", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6816", "activeDate" : "2014-09-22", "sequenceNo" : 1705, "repealedDate" : null, "fromSection" : "6816", "toSection" : "6816", "text" : " § 6816. Omitting to label drugs, or labeling them wrongly. 1. a. Any\\nperson, who, in putting up any drug, medicine, or food or preparation\\nused in medical practice, or making up any prescription, or filling any\\norder for drugs, medicines, food or preparation puts any untrue label,\\nstamp or other designation of contents upon any box, bottle or other\\npackage containing a drug, medicine, food or preparation used in medical\\npractice, or substitutes or dispenses a different article for or in lieu\\nof any article prescribed, ordered, or demanded, except where required\\npursuant to section sixty-eight hundred sixteen-a of this article, or\\nputs up a greater or lesser quantity of any ingredient specified in any\\nsuch prescription, order or demand than that prescribed, ordered or\\ndemanded, except where required pursuant to paragraph (g) of subdivision\\ntwo of section three hundred sixty-five-a of the social services law, or\\notherwise deviates from the terms of the prescription, order or demand\\nby substituting one drug for another, except where required pursuant to\\nsection sixty-eight hundred sixteen-a of this article, is guilty of a\\nmisdemeanor; provided, however, that except in the case of physicians'\\nprescriptions, nothing herein contained shall be deemed or construed to\\nprevent or impair or in any manner affect the right of an apothecary,\\ndruggist, pharmacist or other person to recommend the purchase of an\\narticle other than that ordered, required or demanded, but of a similar\\nnature, or to sell such other article in place or in lieu of an article\\nordered, required or demanded, with the knowledge and consent of the\\npurchaser. Upon a second conviction for a violation of this section the\\noffender must be sentenced to the payment of a fine not to exceed one\\nthousand dollars and may be sentenced to imprisonment for a term not to\\nexceed one year. The third conviction of a violation of any of the\\nprovisions of this section, in addition to rendering the offender liable\\nto the penalty prescribed by law for a second conviction, shall forfeit\\nany right which he may possess under the law of this state at the time\\nof such conviction, to engage as proprietor, agent, employee or\\notherwise, in the business of an apothecary, pharmacist, or druggist, or\\nto compound, prepare or dispense prescriptions or orders for drugs,\\nmedicines or foods or preparations used in medical practice; and the\\noffender shall be by reason of such conviction disqualified from\\nengaging in any such business as proprietor, agent, employee or\\notherwise or compounding, preparing or dispensing medical prescriptions\\nor orders for drugs, medicines, or foods or preparations used in medical\\npractice.\\n b. The provisions of this section shall not apply to the practice of a\\npractitioner who is not the proprietor of a store for the dispensing or\\nretailing of drugs, medicines and poisons, or who is not in the employ\\nof such a proprietor, and shall not prevent practitioners from supplying\\ntheir patients with such articles as they may deem proper, and except as\\nto the labeling of poisons shall not apply to the sale of medicines or\\npoisons at wholesale when not for the use or consumption by the\\npurchaser; provided, however, that the sale of medicines or poisons at\\nwholesale shall continue to be subject to such regulations as from time\\nto time may be lawfully made by the board of pharmacy or by any\\ncompetent board of health.\\n c. The provisions of this section shall not apply to a limited\\npharmacy which prepares a formulary containing the brand names and the\\ngeneric names of drugs and of manufacturers which it stocks, provided\\nthat it furnishes a copy of such formulary to each physician on its\\nstaff and the physician signs a statement authorizing the hospital to\\nsupply the drug under any generic or non-proprietary name listed therein\\nand in conformity with the regulations of the commissioner of education.\\n 2. For the purposes set forth in this section, the terms prescription,\\norder or demand shall apply only to those items subject to provisions of\\nsubdivision one of section sixty-eight hundred ten of this chapter. The\\nwritten order of a physician for items not subject to provisions of\\nsubdivision one of section sixty-eight hundred ten of this chapter shall\\nbe construed to be a direction, a fiscal order or a voucher.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6816-A", "title" : "When substitution is required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2022-08-19" ], "docLevelId" : "6816-A", "activeDate" : "2014-09-22", "sequenceNo" : 1706, "repealedDate" : null, "fromSection" : "6816-A", "toSection" : "6816-A", "text" : " § 6816-a. When substitution is required. 1. A pharmacist shall\\nsubstitute a less expensive drug product containing the same active\\ningredients, dosage form and strength as the drug product prescribed,\\nordered or demanded, provided that the following conditions are met:\\n (a) The prescription is written on a form which meets the requirements\\nof subdivision six of section sixty-eight hundred ten of this article\\nand the prescriber does not prohibit substitution, or in the case of\\noral prescriptions, the prescriber must expressly state whether\\nsubstitution is to be permitted or prohibited. Any oral prescription\\nthat does not include such an express statement shall not be filled; and\\n (b) The substituted drug product is contained in the list of drug\\nproducts established pursuant to paragraph (o) of subdivision one of\\nsection two hundred six of the public health law; and\\n (c) The pharmacist shall indicate on the label affixed to the\\nimmediate container in which the drug is sold or dispensed the name and\\nstrength of the drug product and its manufacturer unless the prescriber\\nspecifically states otherwise. The pharmacist shall record on the\\nprescription form the brand name or the name of the manufacturer of the\\ndrug product dispensed.\\n 2. In the event a patient chooses to have a prescription filled by an\\nout of state dispenser, the laws of that state shall prevail.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6817", "title" : "New drugs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6817", "activeDate" : "2014-09-22", "sequenceNo" : 1707, "repealedDate" : null, "fromSection" : "6817", "toSection" : "6817", "text" : " § 6817. New drugs. 1. Except as otherwise provided in the Federal\\nFood, Drug and Cosmetic Act, no person shall sell, deliver, offer for\\nsale, hold for sale, or give away any new drug, unless:\\n a. an application with respect thereto has become effective, or in the\\ncase of an investigational drug the sponsor has complied with the\\napplicable requirements, under the Federal Food, Drug, and Cosmetic Act,\\nor\\n b. when not subject to such act, such drug has been tested and has not\\nbeen found to be unsafe or ineffective for use under the conditions\\nprescribed, recommended or suggested in the labeling thereof, and, prior\\nto selling or offering for sale such drug, there has been filed with the\\ndepartment an application setting forth\\n (1) full reports of investigations which have been made to show\\nwhether or not such drug is safe and effective for use;\\n (2) a full list of the ingredients used as components of such drug;\\n (3) a full statement of the composition of such drug;\\n (4) a full description of the methods used in, and the facilities and\\ncontrols used for, the manufacture, processing and packing of such\\ndrugs;\\n (5) such samples of such drug and of the ingredients used as\\ncomponents thereof as the board or secretary may require; and\\n (6) specimens of the labeling proposed to be used for such drug.\\n 2. An application provided for in paragraph b of subdivision one shall\\nbecome effective on the one hundred eightieth day after the filing\\nthereof, except that if the secretary or board finds, after due notice\\nto applicant and giving him an opportunity for a hearing, that the drug\\nis not safe and effective for use under the conditions prescribed,\\nrecommended, or suggested in the proposed labeling thereof, he shall,\\nprior to the effective date of the application, issue an order refusing\\nto permit the application to become effective.\\n 3. A drug dispensed on a written or oral prescription of a physician,\\ndentist, podiatrist or veterinarian (except a controlled substance),\\nshall be exempt from the requirements of this section if such drug bears\\na label containing the name and place of business of the dispenser, the\\nserial number and date of the prescription, directions for use as may be\\nstated in the prescription and the name of the physician, dentist,\\npodiatrist or veterinarian issuing the prescription and the name of the\\npatient. In addition, such drug shall bear a label containing the\\nproprietary or brand name of the drug and, if applicable, the strength\\nof the contents, unless the person issuing the prescription explicitly\\nstates on the prescription, in his own handwriting, that the name of the\\ndrug and the strength thereof should not appear on the label.\\n 4. The board shall promulgate regulations for exempting from the\\noperation of this section drugs (and with the concurrence of the\\ncommissioner of health, pursuant to article thirty-three of the public\\nhealth law, controlled substances) intended solely for investigational\\nuse by experts qualified by scientific training and experience to\\ninvestigate the safety and efficacy of drugs and labeled \"For\\nInvestigational Use Only\". Such regulations may, within the discretion\\nof the board, among other conditions relating to the protection of the\\npublic health, provide for conditioning such exemptions upon:\\n a. The submission to the secretary before any clinical testing of a\\nnew drug is undertaken of reports by the manufacturer or sponsor of the\\ninvestigation of such drug, of preclinical tests, including tests on\\nanimals of such drug adequate to justify the proposed clincial testing.\\n b. The manufacturer or the sponsor of the investigation of a new drug\\nproposed to be distributed to investigators for clinical testing\\nobtaining a signed agreement from each of such investigators that\\npatients to whom the drug is administered will be under his personal\\nsupervision, or under the supervision of investigators responsible to\\nhim, and that he will not supply such drug to any other investigator or\\nto clinics for administration to human beings; and\\n c. The establishment and maintenance of such records and the making of\\nsuch reports to the board by the manufacturer or the sponsor of the\\ninvestigation of such drugs of data including, but not limited to,\\nanalytical reports by investigators obtained as the result of such\\ninvestigational use of such drug as the board finds will enable it to\\nevaluate the safety and effectiveness of such drug in the event of the\\nfiling of an application pursuant to subdivision one of this section.\\n 5. This section shall not apply to any drug which was licensed under\\nthe federal virus, serum, and toxin act of July first, nineteen hundred\\ntwo (32 Stat. 728) or is licensed under section two hundred sixty-two of\\nthe public health service act of July first, nineteen hundred forty-four\\n(58 Stat. 682), or under the federal virus, serums, toxins, antitoxins\\nand analogous products act of March fourth, nineteen hundred thirteen\\n(37 Stat. 832).\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6818", "title" : "Adulterated and misbranded cosmetics", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6818", "activeDate" : "2014-09-22", "sequenceNo" : 1708, "repealedDate" : null, "fromSection" : "6818", "toSection" : "6818", "text" : " § 6818. Adulterated and misbranded cosmetics. 1. A cosmetic shall be\\ndeemed to be adulterated:\\n a. If it bears or contains any poisonous or deleterious substance\\nwhich may render it injurious to users under the conditions of use\\nprescribed in the labeling thereof, or under such conditions of use as\\nare customary or usual: Provided, that this provision shall not apply to\\ncoal-tar hair dye, the label of which bears the following legend\\nconspicuously displayed thereon \"Caution--this product contains\\ningredients which may cause skin irritation on certain individuals and a\\npreliminary test according to accompanying directions should first be\\nmade. This product must not be used for dying the eyelashes or eyebrows;\\nto do so may cause blindness\", and the labeling of which bears adequate\\ndirections for such preliminary testing. For the purposes of this\\nparagraph and paragraph e the term \"hair dye\" shall not include eyelash\\ndyes or eyebrow dyes.\\n b. If it consists in whole or in part of any filthy, putrid, or\\ndecomposed substance.\\n c. If it has been prepared, packaged, packed, shipped or held in any\\ninsanitary condition or in any other condition whereby it may have been\\nrendered injurious to health.\\n d. If its container is composed, in whole or in part, of any poisonous\\nor deleterious substance which may render the contents injurious to\\nhealth.\\n e. If it is not a hair dye and it bears or contains a coal-tar color\\nother than one from a batch that has been certified in accordance with\\nregulations as provided by this article.\\n 2. A cosmetic shall be deemed to be misbranded:\\n a. If its labeling is false or misleading in any particular.\\n b. If in package form, unless it bears a label containing (1) the name\\nand place of business of the manufacturer, packer, or distributor; and\\n(2) an accurate statement of the quantity of the contents in terms of\\nweight, measure, or numerical count: Provided, that under clause (2) of\\nthis paragraph reasonable variations shall be permitted, and exemptions\\nas to small packages shall be established by regulations.\\n c. If any word, statement, or other information required by or under\\nauthority of this article to appear on the label or labeling is not\\nprominently placed thereon with such conspicuousness (as compared with\\nother words, statements, designs, or devices in the labeling) and in\\nsuch terms as to render it likely to be read and understood by the\\nordinary individual under customary conditions of purchase and use.\\n d. (1) If its container is so made, formed, or filled as to be\\nmisleading; or (2) if it bears a copy, counterfeit, or colorable\\nimitation of a trademark, label, or identifying name or design of\\nanother cosmetic.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6818-A", "title" : "Cosmetic samples", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6818-A", "activeDate" : "2014-09-22", "sequenceNo" : 1709, "repealedDate" : null, "fromSection" : "6818-A", "toSection" : "6818-A", "text" : " § 6818-a. Cosmetic samples. 1. No person engaged in the business of\\nselling cosmetics shall provide for the use by or application to\\ncustomers of any cosmetics, except for use or application to the hand or\\narm as a sample if such immediate container of cosmetics is to be used\\nby or applied to more than one customer. For the purposes of this\\nsection, the term \"cosmetic\" shall not include perfume or cologne; or\\nsamples removed from the immediate container with a single use\\ndisposable applicator furnished to each customer; or samples dispensed\\nfrom a tube, pump, spray or shaker container; or samples or applicators\\nthat have been cleansed before each use or application. The provisions\\nof this section shall be deemed to have been satisfied if written\\ninstructions on the use or application of cosmetic samples pursuant to\\nthis section are clearly and visibly posted at or near the place of\\ndisplay of cosmetic samples. Nothing contained in this section shall\\nprohibit the use or application of cosmetic samples by persons trained\\nto apply cosmetics to customers in accordance with the provisions of\\nthis section.\\n 2. Notwithstanding any other provision of this article, a violation of\\nthis section shall result in a civil penalty of one hundred dollars for\\nthe first offense and a civil penalty of two hundred fifty dollars for a\\nsecond or subsequent offense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6819", "title" : "Regulations making exceptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6819", "activeDate" : "2014-09-22", "sequenceNo" : 1710, "repealedDate" : null, "fromSection" : "6819", "toSection" : "6819", "text" : " § 6819. Regulations making exceptions. The board shall promulgate\\nregulations exempting from any labeling requirement of this article\\ndrugs, devices and cosmetics which are, in accordance with the practice\\nof the trade, to be processed, labeled, or repacked in substantial\\nquantities at establishments other than those where originally processed\\nor packed, on condition that such drugs, devices and cosmetics are not\\nadulterated or misbranded under the provisions of this article upon\\nremoval from such processing, labeling, or repacking establishment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6820", "title" : "Certification of coal-tar colors for drugs and cosmetics", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6820", "activeDate" : "2014-09-22", "sequenceNo" : 1711, "repealedDate" : null, "fromSection" : "6820", "toSection" : "6820", "text" : " § 6820. Certification of coal-tar colors for drugs and cosmetics. The\\nboard shall promulgate regulations providing for the listing of coal-tar\\ncolors which are harmless and suitable for use in drugs for purposes of\\ncoloring only and for use in cosmetics and for the certification of\\nbatches of such colors, with or without harmless diluents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6821", "title" : "Poison schedules; register", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6821", "activeDate" : "2014-09-22", "sequenceNo" : 1712, "repealedDate" : null, "fromSection" : "6821", "toSection" : "6821", "text" : " § 6821. Poison schedules; register. 1. The following schedules shall\\nremain in force until revised by the board and approved by the\\ndepartment.\\n Schedule A. Arsenic, atropine, corrosive sublimate, potassium cyanide,\\nchloral hydrate, hydrocyanic acid, strychnine and all other poisonous\\nvegetable alkaloids and their salts and oil of bitter almond containing\\nhydrocyanic acid.\\n Schedule B. Aconite, belladonna, cantharides, colchicum, conium cotton\\nroot, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus,\\noil of savin, oil of tansy, veratrum viride and their pharmaceutical\\npreparations, arsenical solutions, carbolic acid, chloroform, creosote,\\ncroton oil, white precipitate, methyl or wood alcohol, mineral acids,\\noxalic acid, paris green, salts of lead, salts of zinc, or any drug,\\nchemical or preparation which is liable to be destructive to adult human\\nlife in quantities of sixty grains or less.\\n 2. It shall be unlawful for any person to sell at retail or to furnish\\nany of the poisons of schedules A and B without affixing or causing to\\nbe affixed to the bottle, box, vessel or package, a label with the name\\nof the article and the word \"poison\" distinctly shown and with the name\\nand place of business of the seller all printed in red ink together with\\nthe name of such poisons printed or written thereupon in plain, legible\\ncharacters.\\n 3. Manufacturers and wholesale dealers in drugs, medicines,\\npharmaceutical preparations, chemicals or poisons shall affix or cause\\nto be affixed to every bottle, box, parcel or outer inclosure of any\\noriginal package containing any of the articles of schedule A a suitable\\nlabel or brand in red ink with the word \"poison\" upon it.\\n 4. Every person who disposes of or sells at retail or furnishes any\\npoisons included in schedule A shall before delivering the same enter in\\na book kept for that purpose the date of sale, the name and address of\\nthe purchaser, the name and the quantity of the poison, the purpose for\\nwhich it is purchased and the name of the dispenser. The poison register\\nmust be always open for inspection by the proper authorities and must be\\npreserved for at least five years after the last entry. Such person\\nshall not deliver any of the poisons of schedule A or schedule B until\\nhe has satisfied himself that the purchaser is aware of its poisonous\\ncharacter and that the poison is to be used for a legitimate purpose.\\nThe provisions of this paragraph do not apply to the dispensing of drugs\\nor poisons on a doctor's prescription.\\n 5. The board may add to or may delete from any of the schedules from\\ntime to time as such action becomes necessary for the protection of the\\npublic.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6822", "title" : "Examinations and investigations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6822", "activeDate" : "2014-09-22", "sequenceNo" : 1713, "repealedDate" : null, "fromSection" : "6822", "toSection" : "6822", "text" : " § 6822. Examinations and investigations. The secretary is authorized\\nto conduct examinations and investigations for the purposes of this\\narticle through officers and employees of the United States, or through\\nany health, food, or drug officer or employee of any city, county or\\nother political subdivision of this state, duly commissioned by the\\nsecretary as an officer of the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6823", "title" : "Factory inspection", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6823", "activeDate" : "2014-09-22", "sequenceNo" : 1714, "repealedDate" : null, "fromSection" : "6823", "toSection" : "6823", "text" : " § 6823. Factory inspection. For purposes of enforcement of this\\narticle, officers duly designated by the secretary are authorized:\\n (1) to enter, at reasonable times, any factory, warehouse or\\nestablishment in which drugs, devices or cosmetics are manufactured,\\nprocessed, packed, or held, for introduction into commerce or are held\\nafter such introduction, or to enter any vehicle being used to transport\\nor hold such drugs, devices or cosmetics in commerce; and\\n (2) to inspect, at reasonable times, such factory, warehouse,\\nestablishment or vehicle and all pertinent equipment, finished and\\nunfinished materials, containers, and labeling therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6824", "title" : "Injunction proceedings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6824", "activeDate" : "2014-09-22", "sequenceNo" : 1715, "repealedDate" : null, "fromSection" : "6824", "toSection" : "6824", "text" : " § 6824. Injunction proceedings. In addition to the remedies\\nhereinafter provided, the secretary is hereby authorized to apply to the\\ncourt of the proper venue for an injunction to restrain any person from\\n(a) introducing or causing to be introduced into commerce any\\nadulterated or misbranded drug, device or cosmetic; or (b) from\\nintroducing or causing to be introduced in commerce any new drug which\\ndoes not comply with the provisions of this article; or (c) from\\ndisseminating or causing to be disseminated a false advertisement,\\nwithout being compelled to allege or prove that an adequate remedy at\\nlaw does not exist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6825", "title" : "Proof required in prosecution for certain violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6825", "activeDate" : "2014-09-22", "sequenceNo" : 1716, "repealedDate" : null, "fromSection" : "6825", "toSection" : "6825", "text" : " § 6825. Proof required in prosecution for certain violations. 1. In\\nan action or proceeding, civil or criminal, against a person for\\nviolating such provisions of this article which relate to the possession\\nof, compounding, retailing or dispensing of misbranded, substituted or\\nimitated drugs, poisons or cosmetics, when it shall be necessary that an\\nanalysis be made for the purpose of establishing the quality of such\\ndrug, poison or cosmetic so as to determine the fact of misbranding,\\nsubstituting or imitating, then it shall be required to prove at the\\ntrial or hearing of such action or proceeding, that the person, taking\\nthe same for analysis separated it into two representative parts,\\nhermetically or otherwise effectively and completely sealed, delivered\\none such sealed part to the seller, manufacturer, wholesaler,\\npharmacist, or druggist from whose premises such sample was taken and\\ndelivered the other part so sealed to the chemist designated by the\\nstate board of pharmacy; and the facts herein required to be proven\\nshall be alleged in the complaint or information by which such action or\\nproceeding was begun. The rules of the board shall be proven prima facie\\nby the certificate of the secretary.\\n 2. Any person accused of violation of any of the provisions of this\\narticle relating to adulterating, misbranding, substitution or imitation\\nshall not be prosecuted or convicted or suffer any of the penalties,\\nfines or forfeitures for such violation, if he establishes upon the\\nhearing or trial that the drug, device or cosmetic alleged to be\\nadulterated, misbranded, substituted or imitated was purchased by him\\nunder a written guaranty of the manufacturer or seller to the effect\\nthat said drug, device or cosmetic was not adulterated or misbranded,\\nwithin the meaning of this article and proves that he has not\\nadulterated, misbranded, substituted or imitated the same, provided the\\nseller has taken due precaution to maintain the standard set for the\\ndrug, device or cosmetic. A guaranty, in order to be a defense to a\\nprosecution or to prevent conviction or to afford protection, must state\\nthat the drug, device or cosmetic to which it refers is not adulterated,\\nmisbranded, substituted or imitated within the meaning of the provisions\\nof this article and must state also the full name and place of business\\nof the manufacturer, wholesaler, jobber or other person from whom the\\ndrug, device or cosmetic was purchased, and the date of purchase. The\\nact, omission or failure of any officer, agent or other employee acting\\nfor or employed by any person within the scope of his authority or\\nemployment shall in every case be the act, omission or failure of such\\nperson as well as that of the officer, agent or other employee, and such\\nperson shall be equally liable for violations of this article by a\\npartnership, association or corporation, and every member of the\\npartnership or association and the directors and general officers of the\\ncorporation and the general manager of the partnership, association or\\ncorporation shall be individually liable and any action, prosecution or\\nproceeding authorized by this article may be brought against any or all\\nof such persons. When any prosecution under this article is made on the\\ncomplaint of the board, any fines collected shall be paid into the state\\ntreasury as provided by this article.\\n 3. No publisher, radio-broadcast licensee, advertising agency, or\\nagency or medium for the dissemination of advertising, except the\\nmanufacturer, packer, distributor, or seller of the commodity to which\\nthe false advertisement relates, shall be subject to the penalties\\nprovided by this article by reason of the dissemination by him of any\\nfalse advertisement, unless he has refused, on the request of the\\nsecretary, to furnish the secretary the name and post-office address of\\nthe manufacturer, packer, distributor, seller or advertising agency, who\\ncaused him to disseminate such advertisement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6826", "title" : "Drug retail price lists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6826", "activeDate" : "2014-09-22", "sequenceNo" : 1717, "repealedDate" : null, "fromSection" : "6826", "toSection" : "6826", "text" : " § 6826. Drug retail price lists. 1. Every pharmacy shall compile a\\ndrug retail price list, which shall contain the names of the drugs on\\nthe list provided by the board, the pharmacy's corresponding retail\\nprices for each drug. Every pharmacy shall update its drug retail list\\nat least weekly and provide the time and date that the list was updated.\\nEvery pharmacy shall provide the drug retail price list to any person\\nupon request.\\n 2. a. The list provided by the board shall be prepared at least\\nannually by the board and distributed to each pharmacy in the state. The\\nlist shall be a compendium of the one hundred fifty most frequently\\nprescribed drugs together with their usual dosages for which a\\nprescription is required by the provisions of the \"Federal Food, Drug,\\nand Cosmetic Act\" (21 U.S.C. 301, et seq.; 52 Stat. 1040, et seq.), as\\namended, or by the commissioner of health. The board shall make the\\ncompendium list available to each pharmacy free of charge, both in\\nprinted form and in an electronic form that can be used to produce the\\npharmacy's drug retail list. The board shall provide the compendium list\\nto the department of health.\\n b. The drug retail price list shall contain an advisory statement by\\nthe department alerting consumers to the need to tell their health care\\npractitioner and pharmacist about all the medications they may be taking\\nand to ask them how to avoid harmful interactions between drugs, if any.\\nA pharmacy may include on its drug retail price list a statement: (a)\\nconcerning discounts from its listed retail prices that may be available\\nto consumers and (b) any limitations that the pharmacy may have as to\\nwhat group or groups of customers it serves.\\n 3. The pharmacy's corresponding retail price means the actual price to\\nbe paid by a retail purchaser to the pharmacy for any listed drug at the\\nlisted dosage. However, upon implementation of the prescription drug\\nretail price list database by the department of health under section two\\nhundred seventy-six-a of the public health law, the pharmacy's\\ncorresponding retail price shall mean the price sent to it by the\\ndepartment of health under that section.\\n 4. Pharmacies shall have a sign notifying people of the availability\\nof the drug retail price list and the availability of the department of\\nhealth prescription drug retail price list database and the web address\\nof that database, conspicuously posted at or adjacent to the place in\\nthe pharmacy where prescriptions are presented for compounding and\\ndispensing, in the waiting area for customers, or in the area where\\nprescribed drugs are delivered.\\n 5. Nothing contained herein shall prevent a pharmacy from changing and\\ncharging the current retail price at any time, provided that the listed\\nprice is updated at least weekly to reflect the new retail price.\\n 6. The commissioner shall make regulations necessary to implement this\\nsection, including how this section is applied to mail-order and\\ninternet pharmacies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6826-A", "title" : "Reducing certain copayments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6826-A", "activeDate" : "2014-09-22", "sequenceNo" : 1718, "repealedDate" : null, "fromSection" : "6826-A", "toSection" : "6826-A", "text" : " § 6826-a. Reducing certain copayments. 1. Where an insured's copayment\\nfor a drug exceeds the corresponding retail price for the same drug on\\nthe pharmacy's drug retail price list, the pharmacist shall notify the\\ninsured of this occurrence and charge no greater than the pharmacy's\\ncorresponding retail price.\\n 2. Where the drug being purchased is not on the drug retail price\\nlist, and the copayment for the drug exceeds the pharmacy's usual and\\ncustomary price for that drug, the pharmacist shall notify the insured\\nof this occurrence and charge the lesser of the insured's copayment and\\nthe pharmacy's usual and customary price for that drug.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6827", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-09-25", "2018-04-20", "2020-04-17", "2022-04-22", "2024-05-03", "2024-05-31", "2026-05-29" ], "docLevelId" : "6827", "activeDate" : "2014-09-22", "sequenceNo" : 1719, "repealedDate" : null, "fromSection" : "6827", "toSection" : "6827", "text" : " § 6827. Mandatory continuing education. 1. (a) Each licensed\\npharmacist required under article one hundred thirty of this chapter to\\nregister triennially with the department to practice in the state shall\\ncomply with provisions of the mandatory continuing education\\nrequirements prescribed in subdivision two of this section except as set\\nforth in paragraphs (b) and (c) of this subdivision. Pharmacists who do\\nnot satisfy the mandatory continuing education requirements shall not\\npractice until they have met such requirements, and they have been\\nissued a registration certificate, except that a pharmacist may practice\\nwithout having met such requirements if he or she is issued a\\nconditional registration certificate pursuant to subdivision three of\\nthis section.\\n (b) In accord with the intent of this section, adjustment to the\\nmandatory continuing education requirement may be granted by the\\ndepartment for reasons of health certified by an appropriate health care\\nprofessional, for extended active duty with the armed forces of the\\nUnited States, or for other good cause acceptable to the department\\nwhich may prevent compliance.\\n (c) A licensed pharmacist not engaged in practice as determined by the\\ndepartment, shall be exempt from the mandatory continuing education\\nrequirement upon the filing of a statement with the department declaring\\nsuch status. Any licensee who returns to the practice of pharmacy during\\nthe triennial registration period shall notify the department prior to\\nreentering the profession and shall meet such mandatory education\\nrequirements as shall be prescribed by regulations of the commissioner.\\n * 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of forty-five hours of acceptable\\nformal continuing education, as specified in subdivision four of this\\nsection, provided that no more than twenty-two hours of such continuing\\neducation shall consist of self-study courses. Any pharmacist\\nparticipating in collaborative drug therapy management pursuant to\\nsection six thousand eight hundred one-a of this article shall complete\\nat least five hours of acceptable formal continuing education in the\\narea or areas of practice generally related to any collaborative drug\\ntherapy management protocols to which the pharmacist may be subject. Any\\npharmacist whose first registration date following the effective date of\\nthis section occurs less than three years from such effective date, but\\non or after January first, nineteen hundred ninety-eight, shall complete\\ncontinuing education hours on a prorated basis at the rate of one and\\none-quarter hours per month for the period beginning January first,\\nnineteen hundred ninety-seven up to the first registration date\\nthereafter. A licensee who has not satisfied the mandatory continuing\\neducation requirements shall not be issued a triennial registration\\ncertificate by the department and shall not practice unless and until a\\nconditional registration certificate is issued as provided for in\\nsubdivision three of this section. Continuing education hours taken\\nduring one triennium may not be transferred to a subsequent triennium.\\n * NB Effective until September 14, 2015\\n * 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of forty-five hours of acceptable\\nformal continuing education, as specified in subdivision four of this\\nsection, provided that no more than twenty-two hours of such continuing\\neducation shall consist of self-study courses. Any pharmacist whose\\nfirst registration date following the effective date of this section\\noccurs less than three years from such effective date, but on or after\\nJanuary first, nineteen hundred ninety-eight, shall complete continuing\\neducation hours on a prorated basis at the rate of one and one-quarter\\nhours per month for the period beginning January first, nineteen hundred\\nninety-seven up to the first registration date thereafter. A licensee\\nwho has not satisfied the mandatory continuing education requirements\\nshall not be issued a triennial registration certificate by the\\ndepartment and shall not practice unless and until a conditional\\nregistration certificate is issued as provided for in subdivision three\\nof this section. Continuing education hours taken during one triennium\\nmay not be transferred to a subsequent triennium.\\n * NB Effective September 14, 2015\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices pharmacy without such registration, may be\\nsubject to disciplinary proceedings pursuant to section sixty-five\\nhundred ten of this chapter.\\n 4. As used in subdivision two of this section, \"acceptable formal\\ncontinuing education\" shall mean formal courses of learning which\\ncontribute to professional practice in pharmacy and which meet the\\nstandards prescribed by regulations of the commissioner. The department\\nmay, in its discretion and as needed to contribute to the health and\\nwelfare of the public, require the completion of continuing education\\ncourses in specific subjects. To fulfill this mandatory continuing\\neducation requirement, courses must be taken from a sponsor approved by\\nthe department, pursuant to the regulations of the commissioner.\\n 5. Pharmacists shall maintain adequate documentation of completion of\\nacceptable formal continuing education and shall provide such\\ndocumentation at the request of the department. Failure to provide such\\ndocumentation upon the request of the department shall be an act of\\nmisconduct subject to disciplinary proceedings pursuant to section\\nsixty-five hundred ten of this chapter.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section sixty-eight hundred five of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6828", "title" : "Certificates of administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2015-07-17", "2018-04-20", "2020-04-17", "2021-11-12" ], "docLevelId" : "6828", "activeDate" : "2014-09-22", "sequenceNo" : 1720, "repealedDate" : null, "fromSection" : "6828", "toSection" : "6828", "text" : " * § 6828. Certificates of administration. 1. No pharmacist shall\\nadminister immunizing agents without a certificate of administration\\nissued by the department pursuant to regulations of the commissioner.\\n 2. The fee for a certificate of administration shall be one hundred\\ndollars and shall be paid on a triennial basis. A certificate may be\\nsuspended or revoked in the same manner as a license to practice\\npharmacy.\\n * NB Repealed March 31, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6829", "title" : "Interpretation and translation requirements for prescription drugs and standardized medication labeling", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6829", "activeDate" : "2014-09-22", "sequenceNo" : 1721, "repealedDate" : null, "fromSection" : "6829", "toSection" : "6829", "text" : " § 6829. Interpretation and translation requirements for prescription\\ndrugs and standardized medication labeling. 1. For the purposes of this\\nsection, the following terms shall have the following meanings: (a)\\n\"Covered pharmacy\" means any pharmacy that is part of a group of eight\\nor more pharmacies, located within New York state and owned by the same\\ncorporate entity. For purposes of this section, \"corporate entity\" shall\\ninclude related subsidiaries, affiliates, successors, or assignees doing\\nbusiness as or operating under a common name or trading symbol.\\n (b) \"Limited English proficient individual\" or \"LEP individual\" means\\nan individual who identifies as being, or is evidently, unable to speak,\\nread or write English at a level that permits such individual to\\nunderstand health-related and pharmaceutical information communicated in\\nEnglish.\\n (c) \"Translation\" shall mean the conversion of a written text from one\\nlanguage into an equivalent written text in another language by an\\nindividual competent to do so and utilizing all necessary pharmaceutical\\nand health-related terminology. Such translation may occur, where\\nappropriate, in a separate document provided to an LEP individual that\\naccompanies his or her medication.\\n (d) \"Competent oral interpretation\" means oral communication in which\\na person acting as an interpreter comprehends a message and re-expresses\\nthat message accurately in another language, utilizing all necessary\\npharmaceutical and health-related terminology, so as to enable an LEP\\nindividual to receive all necessary information in the LEP individual's\\npreferred pharmacy primary language.\\n (e) \"Pharmacy primary languages\" shall mean those languages spoken by\\none percent or more of the population, as determined by the U.S. Census,\\nfor each region, as established by regulations promulgated pursuant to\\nthis section, provided, however, that the regulations shall not require\\ntranslation or competent oral interpretation of more than seven\\nlanguages in any region.\\n (f) \"Mail order pharmacy\" shall mean a pharmacy that dispenses most of\\nits prescriptions through the United States postal service or other\\ndelivery system.\\n 2. (a) Every covered pharmacy shall provide free, competent oral\\ninterpretation services and translation services to each LEP individual\\nrequesting such services or filling a prescription that indicates that\\nthe individual is limited English proficient at such covered pharmacy in\\nthe LEP individual's preferred pharmacy primary language for the\\npurposes of counseling such individual about his or her prescription\\nmedications or when soliciting information necessary to maintain a\\npatient medication profile, unless the LEP individual is offered and\\nrefuses such services.\\n (b) Every covered pharmacy shall provide free, competent oral\\ninterpretation services and translation services of prescription\\nmedication labels, warning labels and other written material to each LEP\\nindividual filling a prescription at such covered pharmacy, unless the\\nLEP individual is offered and refuses such services or the medication\\nlabel, warning labels and other written materials have already been\\ntranslated into the language spoken by the LEP individual.\\n (c) The services required by this section may be provided by a staff\\nmember of the pharmacy or a third-party contractor. Such services must\\nbe provided on an immediate basis but need not be provided in-person or\\nface-to-face in order to meet the requirements of this section.\\n 3. Every covered pharmacy shall conspicuously post, at or adjacent to\\neach counter over which prescription drugs are sold, a notification of\\nthe right to free, competent oral interpretation services and\\ntranslation services for limited English proficient individuals as\\nprovided for in subdivision two of this section. Such notifications\\nshall be provided in the pharmacy primary languages. The size, style and\\nplacement of such notice shall be determined in accordance with rules\\npromulgated pursuant to this section.\\n 4. The commissioner, in consultation with the commissioner of health,\\nshall promulgate regulations requiring that mail order pharmacies\\nconducting business in the state provide free, competent oral\\ninterpretation services and translation services to persons filling a\\nprescription through such mail order pharmacies whom are identified as\\nLEP individuals. Such regulations shall take effect one year after the\\neffective date of this section; provided, however, that they shall be\\npromulgated pursuant to the requirements of the state administrative\\nprocedure act, address the concerns of affected stakeholders, and\\nreflect the findings of a thorough analysis of issues including:\\n (a) how persons shall be identified as an LEP individual, in light of\\nthe manner by which prescriptions are currently received by such mail\\norder pharmacies;\\n (b) which languages shall be considered;\\n (c) the manner and circumstances in which competent oral\\ninterpretation services and translation services shall be provided;\\n (d) the information for which competent oral interpretation services\\nand translation services shall be provided;\\n (e) anticipated utilization, available resources, and cost\\nconsiderations; and\\n (f) standards for monitoring compliance with regulations and ensuring\\nthe delivery of quality competent oral interpretation services and\\ntranslation services.\\n The commissioner, in consultation with the commissioner of health,\\nshall provide a report on implementation, utilization, unanticipated\\nproblems, and corrective actions undertaken and planned to the temporary\\npresident of the senate and the speaker of the assembly no later than\\ntwo years after the effective date of this section.\\n 5. Covered pharmacies shall not be liable for injuries resulting from\\nthe actions of third-party contractors taken pursuant to and within the\\nscope of the contract with the covered pharmacy as long as the covered\\npharmacy entered into such contract reasonably and in good faith to\\ncomply with this section, and was not negligent with regard to the\\nalleged misconduct of the third-party contractor.\\n 6. The regulations promulgated pursuant to this section shall\\nestablish a process by which covered pharmacies may apply and receive a\\nwaiver from compliance with subdivisions two and three of this section\\nupon a showing that implementation would be unnecessarily burdensome\\nwhen compared to the need for such services.\\n 7. The commissioner shall promulgate regulations in consultation with\\nthe commissioner of health to effectuate the requirements of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6830", "title" : "Standardized patient-centered data elements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6830", "activeDate" : "2014-09-22", "sequenceNo" : 1722, "repealedDate" : null, "fromSection" : "6830", "toSection" : "6830", "text" : " § 6830. Standardized patient-centered data elements. 1. The\\ncommissioner shall develop rules and regulations requiring standardized\\npatient-centered data elements consistent with existing technology and\\nequipment to be used on all prescription medicine dispensed to patients\\nin this state.\\n 2. When developing the requirements for patient-centered data elements\\non prescription drug labels, the commissioner shall consider:\\n (a) medical literacy research that identifies factors that improve\\nunderstandability of labels and promotes increased compliance with a\\ndrug's intended use;\\n (b) factors that improve the clarity of directions for use;\\n (c) font types and sizes;\\n (d) inclusion of only patient-centered information; and\\n (e) the needs of special populations.\\nTo ensure public input, the commissioner shall solicit input from the\\nstate board of pharmacy and the state board of medicine, consumer\\ngroups, advocates for special populations, pharmacists, physicians,\\nother health care professionals authorized to prescribe, and other\\ninterested parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6831", "title" : "Special provisions relating to outsourcing facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6831", "activeDate" : "2014-09-22", "sequenceNo" : 1723, "repealedDate" : null, "fromSection" : "6831", "toSection" : "6831", "text" : " § 6831. Special provisions relating to outsourcing facilities. 1.\\nRegistration. Any outsourcing facility that is engaged in the\\ncompounding of sterile drugs in this state shall be registered as an\\noutsourcing facility under the Federal Food, Drug and Cosmetic Act and\\nbe registered as an outsourcing facility pursuant to this article.\\n 2. New drugs. Sections 502(f)(1), 505 and 582 of the Federal Food,\\nDrug and Cosmetic Act shall not apply to a drug compounded in an\\noutsourcing facility registered under the Federal Food, Drug and\\nCosmetic Act.\\n 3. Prescriptions. Notwithstanding any other provision of law to the\\ncontrary, no outsourcing facility may distribute or dispense any drug to\\nany person pursuant to a prescription unless it is also registered as a\\npharmacy in this state and meets all other applicable requirements of\\nfederal and state law.\\n 4. Restrictions. Any drugs compounded in an outsourcing facility\\nregistered pursuant to this article shall be compounded in accordance\\nwith all applicable federal and state laws.\\n 5. Labeling. Notwithstanding any other provision of law to the\\ncontrary, the label of any drug compounded by an outsourcing facility\\nshall include, but not be limited to the following:\\n (a) a statement that the drug is a compounded drug or a reasonable\\ncomparable alternative statement that prominently identifies the drug as\\na compounded drug;\\n (b) the name, address, and phone number of the applicable outsourcing\\nfacility; and\\n (c) with respect to the drug:\\n (i) the lot or batch number;\\n (ii) the established name of the drug;\\n (iii) the dosage form and strength;\\n (iv) the statement of quantity or volume, as appropriate;\\n (v) the date that the drug was compounded;\\n (vi) the expiration date;\\n (vii) storage and handling instructions;\\n (viii) the National Drug Code number, if available;\\n (ix) the statement that the drug is not for resale, and the statement\\n\"Office Use Only\"; and\\n (x) a list of the active and inactive ingredients, identified by\\nestablished name, and the quantity or proportion of each ingredient.\\n 6. Container. The container from which the individual units of the\\ndrug are removed for dispensing or for administration (such as a plastic\\nbag containing individual product syringes) shall include:\\n (a) a list of active and inactive ingredients, identified by\\nestablished name, and the quantity or proportion of each ingredient; and\\n (b) any other information required by regulations promulgated by the\\ncommissioner to facilitate adverse event reporting in accordance with\\nthe requirements established in section 310.305 of title 21 of the code\\nof federal regulations.\\n 7. Bulk drugs. A drug may only be compounded in an outsourcing\\nfacility that does not compound using bulk drug substances as defined in\\nsection 207.3(a)(4) of title 21 of the code of federal regulations or\\nany successor regulation unless:\\n (a) the bulk drug substance appears on a list established by the\\nsecretary of health and human services identifying bulk drug substances\\nfor which there is a clinical need;\\n (b) the drug is compounded from a bulk drug substance that appears on\\nthe federal drug shortage list in effect at the time of compounding,\\ndistributing, and dispensing;\\n (c) if an applicable monograph exists under the United States\\nPharmacopeia, the national formulary, or another compendium or\\npharmacopeia recognized by the secretary of health and human services\\nand the bulk drug substances each comply with the monograph;\\n (d) the bulk drug substances are each manufactured by an establishment\\nthat is registered with the federal government.\\n 8. Ingredients. If an outsourcing facility uses ingredients, other\\nthan bulk drug substances, such ingredients must comply with the\\nstandards of the applicable United States pharmacopeia or national\\nformulary monograph, if such monograph exists, or of another compendium\\nor pharmacopeia recognized by the secretary of health and human services\\nfor purposes of this subdivision, if any.\\n 9. Unsafe or ineffective drugs. No outsourcing facility may compound a\\ndrug that appears on a list published by the secretary of health and\\nhuman services that has been withdrawn or removed from the market\\nbecause such drugs or components of such drugs have been found to be\\nunsafe or not effective.\\n 10. Prohibition on wholesaling. No compounded drug will be sold or\\ntransferred by any entity other than the outsourcing facility that\\ncompounded such drug. This does not prohibit the administration of a\\ndrug in a health care setting or dispensing a drug pursuant to a\\nproperly executed prescription.\\n 11. Prohibition against copying an approved drug. No outsourcing\\nfacility may compound a drug that is essentially a copy of one or more\\napproved drugs.\\n 12. Prohibition against compounding drugs presenting demonstrable\\ndifficulties. No outsourcing facility may compound a drug:\\n i. that is identified, directly or as part of a category of drugs, on\\na list published by the secretary of health and human services that\\npresent demonstrable difficulties for compounding that are reasonably\\nlikely to lead to an adverse effect on the safety or effectiveness of\\nthe drug or category of drugs, taking into account the risks and\\nbenefits to patients; or\\n ii. that is compounded in accordance with all applicable conditions\\nidentified on the drug list as conditions that are necessary to prevent\\nthe drug or category of drugs from presenting demonstrable difficulties.\\n 13. Adverse event reports. Outsourcing facilities shall submit a copy\\nof all adverse event reports submitted to the secretary of health and\\nhuman services in accordance with the content and format requirements\\nestablished in section 310.305 of title 21 of the code of federal\\nregulations, or any successor regulation, to the executive secretary for\\nthe state board of pharmacy.\\n 14. Reports. The commissioner, in consultation with the commissioner\\nof health, shall prepare and submit a report to the governor and the\\nlegislature, due eighteen months from the effective date of this\\nsection, evaluating the effectiveness of the registration and oversight\\nof outsourcing facilities related to compounding.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 39 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A139", "title" : "Nursing", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-06-16", "2023-06-23", "2025-01-10" ], "docLevelId" : "139", "activeDate" : "2014-09-22", "sequenceNo" : 1724, "repealedDate" : null, "fromSection" : "6900", "toSection" : "6911", "text" : " ARTICLE 139\\n NURSING\\nSection 6900. Introduction.\\n 6901. Definitions.\\n 6902. Definition of practice of nursing.\\n 6903. Practice of nursing and use of title \"registered\\n professional nurse\" or \"licensed practical\\n nurse\".\\n 6904. State board for nursing.\\n 6905. Requirements for a license as a registered professional\\n nurse.\\n 6906. Requirements for a license as a licensed practical nurse.\\n 6907. Limited permits.\\n 6908. Exempt persons.\\n 6909. Special provision.\\n 6910. Certificates for nurse practitioner practice.\\n 6911. Certification as a clinical nurse specialist (CNS).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6900", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6900", "activeDate" : "2014-09-22", "sequenceNo" : 1725, "repealedDate" : null, "fromSection" : "6900", "toSection" : "6900", "text" : " § 6900. Introduction. This article applies to the profession of\\nnursing. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6901", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6901", "activeDate" : "2014-09-22", "sequenceNo" : 1726, "repealedDate" : null, "fromSection" : "6901", "toSection" : "6901", "text" : " § 6901. Definitions. As used in section sixty-nine hundred two:\\n 1. \"Diagnosing\" in the context of nursing practice means that\\nidentification of and discrimination between physical and psychosocial\\nsigns and symptoms essential to effective execution and management of\\nthe nursing regimen. Such diagnostic privilege is distinct from a\\nmedical diagnosis.\\n 2. \"Treating\" means selection and performance of those therapeutic\\nmeasures essential to the effective execution and management of the\\nnursing regimen, and execution of any prescribed medical regimen.\\n 3. \"Human Responses\" means those signs, symptoms and processes which\\ndenote the individual's interaction with an actual or potential health\\nproblem.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6902", "title" : "Definition of practice of nursing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09", "2021-04-23", "2021-12-24", "2022-04-22", "2024-03-29", "2024-05-31", "2024-11-22", "2026-05-29" ], "docLevelId" : "6902", "activeDate" : "2014-09-22", "sequenceNo" : 1727, "repealedDate" : null, "fromSection" : "6902", "toSection" : "6902", "text" : " § 6902. Definition of practice of nursing. 1. The practice of the\\nprofession of nursing as a registered professional nurse is defined as\\ndiagnosing and treating human responses to actual or potential health\\nproblems through such services as casefinding, health teaching, health\\ncounseling, and provision of care supportive to or restorative of life\\nand well-being, and executing medical regimens prescribed by a licensed\\nphysician, dentist or other licensed health care provider legally\\nauthorized under this title and in accordance with the commissioner's\\nregulations. A nursing regimen shall be consistent with and shall not\\nvary any existing medical regimen.\\n 2. The practice of nursing as a licensed practical nurse is defined as\\nperforming tasks and responsibilities within the framework of\\ncasefinding, health teaching, health counseling, and provision of\\nsupportive and restorative care under the direction of a registered\\nprofessional nurse or licensed physician, dentist or other licensed\\nhealth care provider legally authorized under this title and in\\naccordance with the commissioner's regulations.\\n * 3. (a) The practice of registered professional nursing by a nurse\\npractitioner, certified under section six thousand nine hundred ten of\\nthis article, may include the diagnosis of illness and physical\\nconditions and the performance of therapeutic and corrective measures\\nwithin a specialty area of practice, in collaboration with a licensed\\nphysician qualified to collaborate in the specialty involved, provided\\nsuch services are performed in accordance with a written practice\\nagreement and written practice protocols. The written practice agreement\\nshall include explicit provisions for the resolution of any disagreement\\nbetween the collaborating physician and the nurse practitioner regarding\\na matter of diagnosis or treatment that is within the scope of practice\\nof both. To the extent the practice agreement does not so provide, then\\nthe collaborating physician's diagnosis or treatment shall prevail.\\n (b) Prescriptions for drugs, devices and immunizing agents may be\\nissued by a nurse practitioner, under this subdivision and section six\\nthousand nine hundred ten of this article, in accordance with the\\npractice agreement and practice protocols. The nurse practitioner shall\\nobtain a certificate from the department upon successfully completing a\\nprogram including an appropriate pharmacology component, or its\\nequivalent, as established by the commissioner's regulations, prior to\\nprescribing under this subdivision. The certificate issued under section\\nsix thousand nine hundred ten of this article shall state whether the\\nnurse practitioner has successfully completed such a program or\\nequivalent and is authorized to prescribe under this subdivision.\\n (c) Each practice agreement shall provide for patient records review\\nby the collaborating physician in a timely fashion but in no event less\\noften than every three months. The names of the nurse practitioner and\\nthe collaborating physician shall be clearly posted in the practice\\nsetting of the nurse practitioner.\\n (d) The practice protocol shall reflect current accepted medical and\\nnursing practice. The protocols shall be filed with the department\\nwithin ninety days of the commencement of the practice and may be\\nupdated periodically. The commissioner shall make regulations\\nestablishing the procedure for the review of protocols and the\\ndisposition of any issues arising from such review.\\n (e) No physician shall enter into practice agreements with more than\\nfour nurse practitioners who are not located on the same physical\\npremises as the collaborating physician.\\n (f) Nothing in this subdivision shall be deemed to limit or diminish\\nthe practice of the profession of nursing as a registered professional\\nnurse under this article or any other law, rule, regulation or\\ncertification, nor to deny any registered professional nurse the right\\nto do any act or engage in any practice authorized by this article or\\nany other law, rule, regulation or certification.\\n (g) The provisions of this subdivision shall not apply to any activity\\nauthorized, pursuant to statute, rule or regulation, to be performed by\\na registered professional nurse in a hospital as defined in article\\ntwenty-eight of the public health law.\\n * NB Effective until January 1, 2015\\n * 3. (a) (i) The practice of registered professional nursing by a\\nnurse practitioner, certified under section six thousand nine hundred\\nten of this article, may include the diagnosis of illness and physical\\nconditions and the performance of therapeutic and corrective measures\\nwithin a specialty area of practice, in collaboration with a licensed\\nphysician qualified to collaborate in the specialty involved, provided\\nsuch services are performed in accordance with a written practice\\nagreement and written practice protocols except as permitted by\\nparagraph (b) of this subdivision. The written practice agreement shall\\ninclude explicit provisions for the resolution of any disagreement\\nbetween the collaborating physician and the nurse practitioner regarding\\na matter of diagnosis or treatment that is within the scope of practice\\nof both. To the extent the practice agreement does not so provide, then\\nthe collaborating physician's diagnosis or treatment shall prevail.\\n (ii) Prescriptions for drugs, devices and immunizing agents may be\\nissued by a nurse practitioner, under this paragraph and section six\\nthousand nine hundred ten of this article, in accordance with the\\npractice agreement and practice protocols except as permitted by\\nparagraph (b) of this subdivision. The nurse practitioner shall obtain a\\ncertificate from the department upon successfully completing a program\\nincluding an appropriate pharmacology component, or its equivalent, as\\nestablished by the commissioner's regulations, prior to prescribing\\nunder this paragraph. The certificate issued under section six thousand\\nnine hundred ten of this article shall state whether the nurse\\npractitioner has successfully completed such a program or equivalent and\\nis authorized to prescribe under this paragraph.\\n (iii) Each practice agreement shall provide for patient records review\\nby the collaborating physician in a timely fashion but in no event less\\noften than every three months. The names of the nurse practitioner and\\nthe collaborating physician shall be clearly posted in the practice\\nsetting of the nurse practitioner.\\n (iv) The practice protocol shall reflect current accepted medical and\\nnursing practice. The protocols shall be filed with the department\\nwithin ninety days of the commencement of the practice and may be\\nupdated periodically. The commissioner shall make regulations\\nestablishing the procedure for the review of protocols and the\\ndisposition of any issues arising from such review.\\n (v) No physician shall enter into practice agreements with more than\\nfour nurse practitioners who are not located on the same physical\\npremises as the collaborating physician.\\n (b) Notwithstanding subparagraph (i) of paragraph (a) of this\\nsubdivision, a nurse practitioner, certified under section sixty-nine\\nhundred ten of this article and practicing for more than three thousand\\nsix hundred hours may comply with this paragraph in lieu of complying\\nwith the requirements of paragraph (a) of this subdivision relating to\\ncollaboration with a physician, a written practice agreement and written\\npractice protocols. A nurse practitioner complying with this paragraph\\nshall have collaborative relationships with one or more licensed\\nphysicians qualified to collaborate in the specialty involved or a\\nhospital, licensed under article twenty-eight of the public health law,\\nthat provides services through licensed physicians qualified to\\ncollaborate in the specialty involved and having privileges at such\\ninstitution. As evidence that the nurse practitioner maintains\\ncollaborative relationships, the nurse practitioner shall complete and\\nmaintain a form, created by the department, to which the nurse\\npractitioner shall attest, that describes such collaborative\\nrelationships. For purposes of this paragraph, \"collaborative\\nrelationships\" shall mean that the nurse practitioner shall communicate,\\nwhether in person, by telephone or through written (including\\nelectronic) means, with a licensed physician qualified to collaborate in\\nthe specialty involved or, in the case of a hospital, communicate with a\\nlicensed physician qualified to collaborate in the specialty involved\\nand having privileges at such hospital, for the purposes of exchanging\\ninformation, as needed, in order to provide comprehensive patient care\\nand to make referrals as necessary. Such form shall also reflect the\\nnurse practitioner's acknowledgement that if reasonable efforts to\\nresolve any dispute that may arise with the collaborating physician or,\\nin the case of a collaboration with a hospital, with a licensed\\nphysician qualified to collaborate in the specialty involved and having\\nprivileges at such hospital, about a patient's care are not successful,\\nthe recommendation of the physician shall prevail. Such form shall be\\nupdated as needed and may be subject to review by the department. The\\nnurse practitioner shall maintain documentation that supports such\\ncollaborative relationships. Failure to comply with the requirements\\nfound in this paragraph by a nurse practitioner who is not complying\\nwith such provisions of paragraph (a) of this subdivision, shall be\\nsubject to professional misconduct provisions as set forth in article\\none hundred thirty of this title.\\n (c) Nothing in this subdivision shall be deemed to limit or diminish\\nthe practice of the profession of nursing as a registered professional\\nnurse under this article or any other law, rule, regulation or\\ncertification, nor to deny any registered professional nurse the right\\nto do any act or engage in any practice authorized by this article or\\nany other law, rule, regulation or certification.\\n (d) The provisions of this subdivision shall not apply to any activity\\nauthorized, pursuant to statute, rule or regulation, to be performed by\\na registered professional nurse in a hospital as defined in article\\ntwenty-eight of the public health law.\\n (e) (i) In conjunction with and as a condition of each triennial\\nregistration, the department shall collect and a nurse practitioner\\nshall provide such information and documentation required by the\\ndepartment, in consultation with the department of health, as necessary\\nto enable the department of health to evaluate access to needed services\\nin this state, including but not limited to the location and type of\\nsetting wherein the nurse practitioner practices; if the nurse\\npractitioner has practiced for fewer than three thousand six hundred\\nhours and is practicing pursuant to a written practice agreement with a\\nphysician; if the nurse practitioner practices pursuant to collaborative\\nrelationships with a physician or hospital; and other information the\\ndepartment, in consultation with the department of health, deems\\nrelevant. The department of health, in consultation with the department,\\nwill make such data available in aggregate, de-identified form on a\\npublicly accessible website.\\n (ii) The commissioner, in consultation with the commissioner of\\nhealth, shall issue a report on the implementation of the provisions of\\nthis section, along with information that includes, but is not limited\\nto: the number of nurse practitioners practicing for fewer than three\\nthousand six hundred hours that practice pursuant to a written practice\\nagreement with a physician; the number of nurse practitioners that\\npractice pursuant to collaborative relationships with physicians or with\\nhospitals; and other information the department deems relevant,\\nincluding but not limited to, any recommendations for the continuation\\nof or amendments to the provisions of this section relating to written\\npractice agreements or collaborative relationships. The commissioner\\nshall submit this report to the governor, the speaker of the assembly,\\nthe temporary president of the senate, and the chairs of the assembly\\nand senate higher education committees by September first, two thousand\\neighteen.\\n * NB Effective January 1, 2015 until June 30, 2021\\n * 3. (a) The practice of registered professional nursing by a nurse\\npractitioner, certified under section six thousand nine hundred ten of\\nthis article, may include the diagnosis of illness and physical\\nconditions and the performance of therapeutic and corrective measures\\nwithin a specialty area of practice, in collaboration with a licensed\\nphysician qualified to collaborate in the specialty involved, provided\\nsuch services are performed in accordance with a written practice\\nagreement and written practice protocols. The written practice agreement\\nshall include explicit provisions for the resolution of any disagreement\\nbetween the collaborating physician and the nurse practitioner regarding\\na matter of diagnosis or treatment that is within the scope of practice\\nof both. To the extent the practice agreement does not so provide, then\\nthe collaborating physician's diagnosis or treatment shall prevail.\\n (b) Prescriptions for drugs, devices and immunizing agents may be\\nissued by a nurse practitioner, under this subdivision and section six\\nthousand nine hundred ten of this article, in accordance with the\\npractice agreement and practice protocols. The nurse practitioner shall\\nobtain a certificate from the department upon successfully completing a\\nprogram including an appropriate pharmacology component, or its\\nequivalent, as established by the commissioner's regulations, prior to\\nprescribing under this subdivision. The certificate issued under section\\nsix thousand nine hundred ten of this article shall state whether the\\nnurse practitioner has successfully completed such a program or\\nequivalent and is authorized to prescribe under this subdivision.\\n (c) Each practice agreement shall provide for patient records review\\nby the collaborating physician in a timely fashion but in no event less\\noften than every three months. The names of the nurse practitioner and\\nthe collaborating physician shall be clearly posted in the practice\\nsetting of the nurse practitioner.\\n (d) The practice protocol shall reflect current accepted medical and\\nnursing practice. The protocols shall be filed with the department\\nwithin ninety days of the commencement of the practice and may be\\nupdated periodically. The commissioner shall make regulations\\nestablishing the procedure for the review of protocols and the\\ndisposition of any issues arising from such review.\\n (e) No physician shall enter into practice agreements with more than\\nfour nurse practitioners who are not located on the same physical\\npremises as the collaborating physician.\\n (f) Nothing in this subdivision shall be deemed to limit or diminish\\nthe practice of the profession of nursing as a registered professional\\nnurse under this article or any other law, rule, regulation or\\ncertification, nor to deny any registered professional nurse the right\\nto do any act or engage in any practice authorized by this article or\\nany other law, rule, regulation or certification.\\n (g) The provisions of this subdivision shall not apply to any activity\\nauthorized, pursuant to statute, rule or regulation, to be performed by\\na registered professional nurse in a hospital as defined in article\\ntwenty-eight of the public health law.\\n * NB Effective June 30, 2021\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6903", "title" : "Practice of nursing and use of title \"registered professional nurse\" or \"licensed practical nurse\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6903", "activeDate" : "2014-09-22", "sequenceNo" : 1728, "repealedDate" : null, "fromSection" : "6903", "toSection" : "6903", "text" : " § 6903. Practice of nursing and use of title \"registered professional\\nnurse\" or \"licensed practical nurse\". Only a person licensed or\\notherwise authorized under this article shall practice nursing and only\\na person licensed under section sixty-nine hundred five of this article\\nshall use the title \"registered professional nurse\" and only a person\\nlicensed under section sixty-nine hundred six of this article shall use\\nthe title \"licensed practical nurse\". No person shall use the title\\n\"nurse\" or any other title or abbreviation that would represent to the\\npublic that the person is authorized to practice nursing unless the\\nperson is licensed or otherwise authorized under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6904", "title" : "State board for nursing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6904", "activeDate" : "2014-09-22", "sequenceNo" : 1729, "repealedDate" : null, "fromSection" : "6904", "toSection" : "6904", "text" : " § 6904. State board for nursing. A state board for nursing shall be\\nappointed by the board of regents on recommendation of the commissioner\\nfor the purpose of assisting the board of regents and the department on\\nmatters of professional licensing and professional conduct in accordance\\nwith section sixty-five hundred eight of this title. The board shall be\\ncomposed of not less than fifteen members, eleven of whom shall be\\nregistered professional nurses and four of whom shall be licensed\\npractical nurses all licensed and practicing in this state for at least\\nfive years. An executive secretary to the board shall be appointed by\\nthe board of regents on recommendation of the commissioner and shall be\\na registered professional nurse registered in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6905", "title" : "Requirements for a license as a registered professional nurse", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-12-14", "2020-06-19" ], "docLevelId" : "6905", "activeDate" : "2014-09-22", "sequenceNo" : 1730, "repealedDate" : null, "fromSection" : "6905", "toSection" : "6905", "text" : " § 6905. Requirements for a license as a registered professional nurse.\\nTo qualify for a license as a registered professional nurse, an\\napplicant shall fulfill the following requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, and a diploma or degree in\\nprofessional nursing, in accordance with the commissioner's regulations;\\n (3) Experience: meet no requirement as to experience;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least eighteen years of age;\\n (6) Citizenship: meet no requirement as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of forty-five dollars for each reexamination, a fee of\\nseventy dollars for an initial license for persons not requiring\\nadmission to a department conducted examination, and a fee of fifty\\ndollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6906", "title" : "Requirements for a license as a licensed practical nurse", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2016-12-09", "2017-08-18", "2018-06-01", "2023-06-16" ], "docLevelId" : "6906", "activeDate" : "2014-09-22", "sequenceNo" : 1731, "repealedDate" : null, "fromSection" : "6906", "toSection" : "6906", "text" : " § 6906. Requirements for a license as a licensed practical nurse. To\\nqualify for a license as a licensed practical nurse, an applicant shall\\nfulfill these requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education including completion of high\\nschool or its equivalent, and have completed a program in practical\\nnursing, in accordance with the commissioner's regulations, or\\ncompletion of equivalent study satisfactory to the department in a\\nprogram conducted by the armed forces of the United States or in an\\napproved program in professional nursing;\\n (3) Experience: meet no requirement as to experience;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations, provided, however, that\\nthe educational requirements set forth in subdivision two of this\\nsection are met prior to admission for the licensing examination;\\n (5) Age: be at least seventeen years of age;\\n (6) Citizenship: meet no requirements as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of forty-five dollars for each reexamination, a fee of\\nseventy dollars for an initial license for persons not requiring\\nadmission to a department conducted examination, and a fee of fifty\\ndollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6907", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6907", "activeDate" : "2014-09-22", "sequenceNo" : 1732, "repealedDate" : null, "fromSection" : "6907", "toSection" : "6907", "text" : " § 6907. Limited permits. 1. A permit to practice as a registered\\nprofessional nurse or a permit to practice as a licensed practical nurse\\nmay be issued by the department upon the filing of an application for a\\nlicense as a registered professional nurse or as a licensed practical\\nnurse and submission of such other information as the department may\\nrequire to (i) graduates of schools of nursing registered by the\\ndepartment, (ii) graduates of schools of nursing approved in another\\nstate, province, or country or (iii) applicants for a license in\\npractical nursing whose preparation is determined by the department to\\nbe the equivalent of that required in this state.\\n 2. Such limited permit shall expire one year from the date of issuance\\nor upon notice to the applicant by the department that the application\\nfor license has been denied, or ten days after notification to the\\napplicant of failure on the professional licensing examination,\\nwhichever shall first occur. Notwithstanding the foregoing provisions\\nof this subdivision, if the applicant is waiting the result of a\\nlicensing examination at the time such limited permit expires, such\\npermit shall continue to be valid until ten days after notification to\\nthe applicant of the results of such examination.\\n 3. A limited permit shall entitle the holder to practice nursing only\\nunder the supervision of a nurse currently registered in this state and\\nwith the endorsement of the employing agency.\\n 4. Fees. The fee for each limited permit shall be thirty-five dollars.\\n 5. Graduates of schools of nursing registered by the department may be\\nemployed to practice nursing under supervision of a professional nurse\\ncurrently registered in this state and with the endorsement of the\\nemploying agency for ninety days immediately following graduation from a\\nprogram in nursing and pending receipt of a limited permit for which an\\napplication has been filed as provided in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6908", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-12-02", "2016-12-09", "2017-08-18", "2018-06-01", "2023-06-16" ], "docLevelId" : "6908", "activeDate" : "2014-09-22", "sequenceNo" : 1733, "repealedDate" : null, "fromSection" : "6908", "toSection" : "6908", "text" : " § 6908. Exempt persons. 1. This article shall not be construed:\\n a. As prohibiting (i) the domestic care of the sick, disabled or\\ninjured by any family member, household member or friend, or person\\nemployed primarily in a domestic capacity who does not hold himself or\\nherself out, or accept employment as a person licensed to practice\\nnursing under the provision of this article; provided that if such\\nperson is remunerated, the person does not hold himself or herself out\\nas one who accepts employment for performing such care; or the\\nadministration of medications or treatment by child day care providers\\nor employees or caregivers of child day care programs where such\\nproviders, employees or caregivers are acting under the direction and\\nauthority of a parent of a child, legal guardian, legal custodian, or an\\nadult in whose care a child has been entrusted and who has been\\nauthorized by the parent to consent to any health care for the child and\\nin compliance with the regulations of the office of children and family\\nservices pertaining to the administration of medications and treatment;\\nor\\n (ii) any person from the domestic administration of family remedies;\\nor\\n (iii) the providing of care by a person acting in the place of a\\nperson exempt under clause (i) of this paragraph, but who does hold\\nhimself or herself out as one who accepts employment for performing such\\ncare, where nursing services are under the instruction of a licensed\\nnurse, or under the instruction of a patient or family or household\\nmember determined by a registered professional nurse to be\\nself-directing and capable of providing such instruction, and services\\nare provided under section three hundred sixty-five-f of the social\\nservices law; or\\n (iv) the furnishing of nursing assistance in case of an emergency; or\\n (v) tasks provided by a direct support staff in programs certified or\\napproved by the office for people with developmental disabilities, when\\nperformed under the supervision of a registered professional nurse and\\npursuant to a memorandum of understanding between the office for people\\nwith developmental disabilities and the department, in accordance with\\nand pursuant to an authorized practitioner's ordered care, provided\\nthat: (1) a registered professional nurse determines, in his or her\\nprofessional judgment, which tasks are to be performed based upon the\\ncomplexity of the tasks, the skill and experience of the direct support\\nstaff, and the health status of the individual being cared for; (2) only\\na direct support staff who has completed training as required by the\\ncommissioner of the office for people with developmental disabilities\\nmay perform tasks pursuant to this subparagraph; (3) appropriate\\nprotocols shall be established to ensure safe administration of\\nmedications; (4) a direct support staff shall not assess the medication\\nneeds of an individual; (5) adequate nursing supervision is provided,\\nincluding training and periodic inspection of performance of the tasks.\\nThe amount and type of nursing supervision shall be determined by the\\nregistered professional nurse responsible for supervising such task\\nbased upon the complexity of the tasks, the skill and experience of the\\ndirect support staff, and the health status of the individual being\\ncared for; (6) a direct support staff shall not be authorized to perform\\nany tasks or activities pursuant to this subparagraph that are outside\\nthe scope of practice of a licensed practical nurse; (7) a direct\\nsupport staff shall not represent himself or herself, or accept\\nemployment, as a person licensed to practice nursing under the\\nprovisions of this article; (8) direct support staff providing\\nmedication administration, tube feeding, or diabetic care shall be\\nseparately certified, and shall be recertified on an annual basis; (9)\\nthe registered professional nurse shall ensure that there is a consumer\\nspecific medication sheet for each medication that is administered; and\\n(10) appropriate staffing ratios shall be determined by the office for\\npeople with developmental disabilities and the department to ensure\\nadequate nursing supervision. No direct support staff shall perform\\ntasks under this subparagraph until the office for people with\\ndevelopmental disabilities and the department have entered into a\\nmemorandum of understanding to effectuate the provisions of this\\nsubparagraph. The office for people with developmental disabilities\\nshall complete a criminal background check pursuant to section 16.33 of\\nthe mental hygiene law and an agency background check pursuant to\\nsection 16.34 of the mental hygiene law on the direct support staff\\nprior to the commencement of any provision of service provided under\\nthis subparagraph if such direct support staff is a new hire.\\nIndividuals providing supervision or direct support tasks pursuant to\\nthis subparagraph shall have protection pursuant to sections seven\\nhundred forty and seven hundred forty-one of the labor law, where\\napplicable;\\n b. As including services given by attendants in institutions under the\\njurisdiction of or subject to the visitation of the state department of\\nmental hygiene if adequate medical and nursing supervision is provided;\\n c. As prohibiting such performance of nursing service by students\\nenrolled in registered schools or programs as may be incidental to their\\ncourse of study;\\n d. As prohibiting or preventing the practice of nursing in this state\\nby any legally qualified nurse or practical nurse of another state,\\nprovince, or country whose engagement requires him or her to accompany\\nand care for a patient temporarily residing in this state during the\\nperiod of such engagement provided such person does not represent or\\nhold himself or herself out as a nurse or practical nurse registered to\\npractice in this state;\\n e. As prohibiting or preventing the practice of nursing in this state\\nduring an emergency or disaster by any legally qualified nurse or\\npractical nurse of another state, province, or country who may be\\nrecruited by the American National Red Cross or pursuant to authority\\nvested in the state civil defense commission for such emergency or\\ndisaster service, provided such person does not represent or hold\\nhimself or herself out as a nurse or practical nurse registered to\\npractice in this state;\\n f. As prohibiting or preventing the practice of nursing in this state,\\nin obedience to the requirements of the laws of the United States, by\\nany commissioned nurse officer in the armed forces of the United States\\nor by any nurse employed in the United States veterans administration or\\nUnited States public health service while engaged in the performance of\\nthe actual duties prescribed for him or her under the United States\\nstatutes, provided such person does not represent or hold himself or\\nherself out as a nurse registered to practice in this state; or\\n g. As prohibiting the care of the sick when done in connection with\\nthe practice of the religious tenets of any church.\\n h. As prohibiting the provision of psychotherapy as defined in\\nsubdivision two of section eighty-four hundred one of this title to the\\nextent permissible within the scope of practice of nursing as defined in\\nthis title, by any not-for-profit corporation or education corporation\\nproviding services within the state and operating under a waiver\\npursuant to section sixty-five hundred three-a of this title, provided\\nthat such entities offering such psychotherapy services shall only\\nprovide such services through an individual appropriately licensed or\\notherwise authorized to provide such services or a professional entity\\nauthorized by law to provide such services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6909", "title" : "Special provision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-12-19", "2015-05-01", "2015-07-10", "2015-07-17", "2015-08-14", "2015-11-27", "2016-02-19", "2016-12-02", "2016-12-09", "2017-08-18", "2018-04-20", "2018-12-14", "2019-04-12", "2020-04-17", "2020-06-26", "2021-05-21", "2021-06-18", "2021-11-12", "2022-02-04", "2022-04-22", "2023-05-05", "2023-06-16", "2023-07-21", "2024-02-16", "2024-03-29", "2024-05-31", "2026-05-22", "2026-05-29" ], "docLevelId" : "6909", "activeDate" : "2014-09-22", "sequenceNo" : 1734, "repealedDate" : null, "fromSection" : "6909", "toSection" : "6909", "text" : " § 6909. Special provision. 1. Notwithstanding any inconsistent\\nprovision of any general, special, or local law, any licensed registered\\nprofessional nurse or licensed practical nurse who voluntarily and\\nwithout the expectation of monetary compensation renders first aid or\\nemergency treatment at the scene of an accident or other emergency,\\noutside a hospital, doctor's office or any other place having proper and\\nnecessary medical equipment, to a person who is unconscious, ill or\\ninjured shall not be liable for damages for injuries alleged to have\\nbeen sustained by such person or for damages for the death of such\\nperson alleged to have occurred by reason of an act or omission in the\\nrendering of such first aid or emergency treatment unless it is\\nestablished that such injuries were or such death was caused by gross\\nnegligence on the part of such registered professional nurse or licensed\\npractical nurse. Nothing in this subdivision shall be deemed or\\nconstrued to relieve a licensed registered professional nurse or\\nlicensed practical nurse from liability for damages for injuries or\\ndeath caused by an act or omission on the part of such nurse while\\nrendering professional services in the normal and ordinary course of her\\npractice.\\n 2. Nothing in this article shall be construed to confer the authority\\nto practice medicine or dentistry.\\n 3. An applicant for a license as a registered professional nurse or\\nlicensed practical nurse by endorsement of a license of another state,\\nprovince or country whose application was filed with the department\\nunder the laws in effect prior to August thirty-first, nineteen hundred\\nseventy-one shall be licensed only upon successful completion of the\\nappropriate licensing examination unless satisfactory evidence of the\\ncompletion of all educational requirements is submitted to the\\ndepartment prior to September one, nineteen hundred seventy-seven.\\n 4. A certified nurse practitioner may prescribe and order a\\nnon-patient specific regimen to a registered professional nurse,\\npursuant to regulations promulgated by the commissioner, consistent with\\nsubdivision three of section six thousand nine hundred two of this\\narticle, and consistent with the public health law, for:\\n (a) administering immunizations.\\n (b) the emergency treatment of anaphylaxis.\\n (c) administering purified protein derivative (PPD) tests.\\n (d) administering tests to determine the presence of the human\\nimmunodeficiency virus.\\n 5. A registered professional nurse may execute a non-patient specific\\nregimen prescribed or ordered by a licensed physician or certified nurse\\npractitioner, pursuant to regulations promulgated by the commissioner.\\n 6. A registered professional nurse defined under subdivision one of\\nsection sixty-nine hundred two of this article may use accepted\\nclassifications of signs, symptoms, dysfunctions and disorders,\\nincluding, but not limited to, classifications used in the practice\\nsetting for the purpose of providing mental health services.\\n * 7. (a) A certified nurse practitioner may prescribe and order a\\nnon-patient specific regimen to a licensed pharmacist, pursuant to\\nregulations promulgated by the commissioner, and consistent with the\\npublic health law, for administering immunizations to prevent influenza\\nor pneumococcal disease and medications required for emergency treatment\\nof anaphylaxis. Nothing in this subdivision shall authorize unlicensed\\npersons to administer immunizations, vaccines or other drugs.\\n (b) A certified nurse practitioner may prescribe and order a patient\\nspecific regimen to a licensed pharmacist, pursuant to regulations\\npromulgated by the commissioner, and consistent with the public health\\nlaw, for administering immunizations to prevent acute herpes zoster.\\n (c) A certified nurse practitioner may prescribe and order a\\nnon-patient specific regimen to a licensed pharmacist, pursuant to\\nregulations promulgated by the commissioner, and consistent with the\\npublic health law, for administering immunizations to prevent\\nmeningococcal disease.\\n * NB Effective until July 1, 2015\\n * 7. A certified nurse practitioner may prescribe and order a\\nnon-patient specific regimen to a licensed pharmacist, pursuant to\\nregulations promulgated by the commissioner, and consistent with the\\npublic health law, for administering immunizations. Nothing in this\\nsubdivision shall authorize unlicensed persons to administer\\nimmunizations, vaccines or other drugs.\\n * NB Effective July 1, 2015 until March 31, 2016\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6910", "title" : "Certificates for nurse practitioner practice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6910", "activeDate" : "2014-09-22", "sequenceNo" : 1735, "repealedDate" : null, "fromSection" : "6910", "toSection" : "6910", "text" : " § 6910. Certificates for nurse practitioner practice. 1. For issuance\\nof a certificate to practice as a nurse practitioner under subdivision\\nthree of section six thousand nine hundred two of this article, the\\napplicant shall fulfill the following requirements:\\n (a) Application: file an application with the department;\\n (b) License: be licensed as a registered professional nurse in the\\nstate;\\n (c) Education: (i) have satisfactorily completed educational\\npreparation for provision of these services in a program registered by\\nthe department or in a program determined by the department to be the\\nequivalent; or\\n (ii) submit evidence of current certification by a national certifying\\nbody, recognized by the department; or\\n (iii) meet such alternative criteria as established by the\\ncommissioner's regulations;\\n (d) Fees: pay a fee to the department of fifty dollars for each\\ninitial certificate authorizing nurse practitioner practice in a\\nspecialty area and a triennial registration fee of thirty dollars.\\nRegistration under this section shall be coterminous with the nurse\\npractitioner's registration as a professional nurse.\\n 2. Only a person certified under this section shall use the title\\n\"nurse practitioner\".\\n 3. The provisions of this section shall not apply to any act or\\npractice authorized by any other law, rule, regulation or certification.\\n 4. The provisions of this section shall not apply to any activity\\nauthorized, pursuant to statute, rule or regulation, to be performed by\\na registered professional nurse in a hospital as defined in article\\ntwenty-eight of the public health law.\\n 5. The commissioner is authorized to promulgate regulations to\\nimplement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6911", "title" : "Certification as a clinical nurse specialist (CNS)", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-10-03" ], "docLevelId" : "6911", "activeDate" : "2014-09-22", "sequenceNo" : 1736, "repealedDate" : null, "fromSection" : "6911", "toSection" : "6911", "text" : " * § 6911. Certification as a clinical nurse specialist (CNS). 1. For\\nissuance of a certificate to practice as a clinical nurse specialist\\nunder section six thousand nine hundred two of this article, the\\napplicant shall fulfill the following requirements:\\n (a) file an application with the department;\\n (b) be licensed as a registered professional nurse in this state;\\n (c) (i) have satisfactorily completed an educational program\\nregistered by the department including a master's or doctoral degree, or\\na post-master's certificate from a program acceptable to the department\\nwhich prepares graduates to practice as CNSs and which is accredited by\\na national nursing accredited body acceptable to the department, and\\n(ii) meets all other requirements established by the department to\\npractice as a clinical nurse specialist, or (iii) have received\\neducational preparation determined by the department to be the\\nsubstantial equivalent of subparagraphs (i) and (ii) of this paragraph;\\nand\\n (d) pay a fee to the department of fifty dollars for each initial\\ncertificate authorizing clinical nurse specialist practice and a\\ntriennial registration fee of thirty dollars. Registration under this\\nsection shall be coterminous with the clinical nurse specialist's\\nregistration as a professional nurse.\\n 2. Only a person certified under this section shall use the title\\n\"clinical nurse specialist\" or the designation \"CNS\".\\n * NB Effective September 27, 2014\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A140", "title" : "Professional Midwifery Practice Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2024-07-05" ], "docLevelId" : "140", "activeDate" : "2014-09-22", "sequenceNo" : 1737, "repealedDate" : null, "fromSection" : "6950", "toSection" : "6958", "text" : " ARTICLE 140\\n PROFESSIONAL MIDWIFERY PRACTICE ACT\\nSection 6950. Introduction.\\n 6951. Definition of practice of midwifery.\\n 6952. Practice of midwifery.\\n 6953. Use of the title \"midwife\".\\n 6954. State board of midwifery.\\n 6955. Requirements for a professional license.\\n 6956. Prior nurse-midwifery certification.\\n 6957. Exempt persons.\\n 6958. Limited permit.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6950", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6950", "activeDate" : "2014-09-22", "sequenceNo" : 1738, "repealedDate" : null, "fromSection" : "6950", "toSection" : "6950", "text" : " § 6950. Introduction. This article applies to the profession of\\nmidwifery. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6951", "title" : "Definition of practice of midwifery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6951", "activeDate" : "2014-09-22", "sequenceNo" : 1739, "repealedDate" : null, "fromSection" : "6951", "toSection" : "6951", "text" : " § 6951. Definition of practice of midwifery. 1. The practice of the\\nprofession of midwifery is defined as the management of normal\\npregnancies, child birth and postpartum care as well as primary\\npreventive reproductive health care of essentially healthy women, and\\nshall include newborn evaluation, resuscitation and referral for\\ninfants. A midwife shall have collaborative relationships with (i) a\\nlicensed physician who is board certified as an\\nobstetrician-gynecologist by a national certifying body or (ii) a\\nlicensed physician who practices obstetrics and has obstetric privileges\\nat a general hospital licensed under article twenty-eight of the public\\nhealth law or (iii) a hospital, licensed under article twenty-eight of\\nthe public health law, that provides obstetrics through a licensed\\nphysician having obstetrical privileges at such institution, that\\nprovide for consultation, collaborative management and referral to\\naddress the health status and risks of his or her patients and that\\ninclude plans for emergency medical gynecological and/or obstetrical\\ncoverage. A midwife shall maintain documentation of such collaborative\\nrelationships and shall make information about such collaborative\\nrelationships available to his or her patients. Failure to comply with\\nthe requirements found in this subdivision shall be subject to\\nprofessional misconduct provisions as set forth in article one hundred\\nthirty of this title.\\n 2. A licensed midwife shall have the authority, as necessary, and\\nlimited to the practice of midwifery, to prescribe and administer drugs,\\nimmunizing agents, diagnostic tests and devices, and to order laboratory\\ntests, as established by the board in accordance with the commissioner's\\nregulations. A midwife shall obtain a certificate from the department\\nupon successfully completing a program including a pharmacology\\ncomponent, or its equivalent, as established by the commissioner's\\nregulations prior to prescribing under this section.\\n 3. Any reference to midwifery, midwife, certified nurse-midwifery or\\ncertified nurse-midwife, nurse-midwifery or nurse-midwife under the\\nprovisions of this article, this chapter or any other law, shall refer\\nto and include the profession of midwifery and a licensed midwife,\\nunless the context clearly requires otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6952", "title" : "Practice of midwifery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6952", "activeDate" : "2014-09-22", "sequenceNo" : 1740, "repealedDate" : null, "fromSection" : "6952", "toSection" : "6952", "text" : " § 6952. Practice of midwifery. Only a person licensed or exempt under\\nthis article or authorized by any other section of law shall practice\\nmidwifery.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6953", "title" : "Use of title \"midwife\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6953", "activeDate" : "2014-09-22", "sequenceNo" : 1741, "repealedDate" : null, "fromSection" : "6953", "toSection" : "6953", "text" : " § 6953. Use of title \"midwife\". Only a person licensed or exempt under\\nthis article shall use the title \"midwife\". Only a person licensed\\nunder both this article and article one hundred thirty-nine of this\\nchapter may use the title \"nurse-midwife\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6954", "title" : "State board of midwifery", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6954", "activeDate" : "2014-09-22", "sequenceNo" : 1742, "repealedDate" : null, "fromSection" : "6954", "toSection" : "6954", "text" : " § 6954. State board of midwifery. 1. The state board of midwifery\\nshall be appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents on\\nmatters of professional licensing and professional conduct in accordance\\nwith section sixty-five hundred eight of this title. The board shall be\\ncomposed of thirteen individuals. Initial appointments to the board\\nshall be such that the terms shall be staggered. However, no members\\nshall serve more than two terms.\\n 2. (a) (1) Seven members of the board shall be persons licensed or\\nexempt under this section.\\n (2) One member of the board shall be an educator of midwifery.\\n (b) Two members of the board shall be individuals who are licensed\\nphysicians who are also certified as obstetrician/gynecologists by a\\nnational certifying body.\\n (c) One member of the board shall be an individual licensed as a\\nphysician who practices family medicine including obstetrics.\\n (d) One member of the board shall be an individual licensed as a\\nphysician who practices pediatrics.\\n (e) One member of the board shall be an individual not possessing\\neither licensure or training in medicine, midwifery, pharmacology or\\nnursing and shall represent the public at large.\\n 3. For purposes of this article, \"board\" means the state board of\\nmidwifery created under this section unless the context clearly\\nindicates otherwise.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6955", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "6955", "activeDate" : "2014-09-22", "sequenceNo" : 1743, "repealedDate" : null, "fromSection" : "6955", "toSection" : "6955", "text" : " § 6955. Requirements for a professional license. To qualify for a\\nlicense as a midwife, an applicant shall fulfill the following\\nrequirements:\\n 1. Application: file an application with the department.\\n 2. Education: satisfactorily;\\n (a) complete educational preparation (degree or diploma granting) for\\nthe practice of nursing, followed by or concurrently with educational\\npreparation for the practice of midwifery in accordance with the\\ncommissioner's regulations, or\\n (b) submit evidence of license or certification, the educational\\npreparation for which is determined by the department to be equivalent\\nto the foregoing, from any state or country, satisfactory to the\\ndepartment and in accordance with the commissioner's regulations, or\\n (c) complete a program determined by the department to be equivalent\\nto the foregoing and in accordance with the commissioner's regulations.\\n 3. Examination: pass an examination satisfactory to the department and\\nin accordance with the commissioner's regulations.\\n 4. Age: be at least twenty-one years of age.\\n 5. Character: be of good moral character as determined by the\\ndepartment.\\n 6. Citizenship or immigration status: be a United States citizen or an\\nalien lawfully admitted for permanent residence in the United States.\\n 7. Fee: pay a fee of one hundred ninety dollars to the department for\\nadmission to a department conducted examination for an initial license,\\na fee of one hundred dollars for each re-examination, a fee of one\\nhundred fifteen dollars for an initial license for persons not requiring\\nadmission to a department conducted examination, a fee of one hundred\\neighty dollars for each triennial registration period and a fee of\\nseventy dollars for a limited permit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6956", "title" : "Prior nurse-midwifery certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6956", "activeDate" : "2014-09-22", "sequenceNo" : 1744, "repealedDate" : null, "fromSection" : "6956", "toSection" : "6956", "text" : " § 6956. Prior nurse-midwifery certification. Any individual who is\\ncertified as a nurse-midwife pursuant to section twenty-five hundred\\nsixty of the public health law before June first, nineteen hundred\\nninety-six, shall be deemed to be licensed as a midwife under this\\narticle; provided that each such certified nurse-midwife shall, prior to\\nthat date, submit evidence of such certification to the department\\ntogether with the appropriate fee required by subdivision seven of\\nsection sixty-nine hundred fifty-five of this article. Any individual\\ncertified as a nurse-midwife pursuant to section twenty-five hundred\\nsixty of the public health law (i) may practice under that section until\\nit is repealed, but (ii) shall not practice pursuant to this article\\nuntil after receiving approval from the commissioner and submitting the\\nfee required by subdivision seven of section sixty-nine hundred\\nfifty-five of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6957", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6957", "activeDate" : "2014-09-22", "sequenceNo" : 1745, "repealedDate" : null, "fromSection" : "6957", "toSection" : "6957", "text" : " § 6957. Exempt persons. Nothing in this article shall be construed to\\naffect, prevent or in any manner expand or limit any duty or\\nresponsibility of a licensed physician from practicing midwifery or\\naffect or prevent a medical student or midwifery student in clinical\\npractice under the supervision of a licensed physician or board\\ncertified obstetrician/gynecologist or licensed midwife practicing\\npursuant to the provisions of section twenty-five hundred sixty of the\\npublic health law in pursuance of an educational program registered by\\nthe department from engaging in such practice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "6958", "title" : "Limited permit", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6958", "activeDate" : "2014-09-22", "sequenceNo" : 1746, "repealedDate" : null, "fromSection" : "6958", "toSection" : "6958", "text" : " § 6958. Limited permit. 1. A limited permit to practice midwifery may\\nbe granted for a period not to exceed twelve months to an individual who\\nhas to the satisfaction of the department met all the requirements of\\nsection sixty-nine hundred fifty-five of this article, but has not yet\\npassed the examination required by subdivision three of such section.\\n 2. A limited permit shall entitle the holder to practice midwifery\\nonly under the direct supervision of a licensed physician who is\\nauthorized under section sixty-nine hundred fifty-one of this article or\\na licensed midwife.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A141", "title" : "Podiatry", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-07-01", "2017-08-18" ], "docLevelId" : "141", "activeDate" : "2014-09-22", "sequenceNo" : 1747, "repealedDate" : null, "fromSection" : "7000", "toSection" : "7010", "text" : " ARTICLE 141\\n PODIATRY\\nSection 7000. Introduction.\\n 7001. Definition of practice of podiatry.\\n 7002. Practice of podiatry and use of title \"podiatrist\".\\n 7003. State board for podiatry.\\n 7004. Requirements for a professional license.\\n 7005. Exempt persons.\\n 7006. Special provision.\\n 7007. Limited permits.\\n 7008. Limited residency permits.\\n 7009. Podiatric ankle surgery privileges.\\n 7010. Ankle surgery limited permits.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7000", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7000", "activeDate" : "2014-09-22", "sequenceNo" : 1748, "repealedDate" : null, "fromSection" : "7000", "toSection" : "7000", "text" : " § 7000. Introduction. This article applies to the profession of\\npodiatry. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7001", "title" : "Definition of practice of podiatry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-19" ], "docLevelId" : "7001", "activeDate" : "2014-09-22", "sequenceNo" : 1749, "repealedDate" : null, "fromSection" : "7001", "toSection" : "7001", "text" : " § 7001. Definition of practice of podiatry. 1. The practice of the\\nprofession of podiatry is defined as diagnosing, treating, operating and\\nprescribing for any disease, injury, deformity or other condition of the\\nfoot, and may include performing physical evaluations in conjunction\\nwith the provision of podiatric treatment. For the purposes of wound\\ncare however, the practice of podiatry shall include the treatment of\\nsuch wounds if they are contiguous with wounds relating, originating or\\nin the course of treatment of a wound on the foot within the podiatric\\nscope of practice. Wound care shall not, however, extend beyond the\\nlevel ending at the distal tibial tuberosity. The practice of podiatry\\nmay also include diagnosing, treating, operating and prescribing for any\\ndisease, injury, deformity or other condition of the ankle and soft\\ntissue of the leg below the tibial tuberosity if the podiatrist has\\nobtained an issuance of a privilege to perform podiatric standard ankle\\nsurgery or advanced ankle surgery in accordance with section seven\\nthousand nine of this article. Podiatrists may treat traumatic open\\nwound fractures only in hospitals, as defined in article twenty-eight of\\nthe public health law. For the purposes of this article, the term\\n\"ankle\" shall be defined as the distal metaphysis and epiphysis of the\\ntibia and fibula, the articular cartilage of the distal tibia and distal\\nfibula, the ligaments that connect the distal metaphysis and epiphysis\\nof the tibia and fibula and talus, and the portions of skin,\\nsubcutaneous tissue, facia, muscles, tendons, ligaments and nerves at or\\nbelow the level of the myotendinous junction of the triceps surae.\\n 2. The practice of podiatry shall not include treating any part of the\\nhuman body other than the foot, nor treating fractures of the malleoli\\nor cutting operations upon the malleoli unless the podiatrist obtains an\\nissuance of a privilege to perform podiatric standard ankle surgery or\\npodiatric advanced ankle surgery. Podiatrists who have obtained an\\nissuance of a privilege to perform podiatric standard ankle surgery may\\nperform surgery on the ankle which may include soft tissue and osseous\\nprocedures except those procedures specifically authorized for\\npodiatrists who have obtained an issuance of a privilege for advanced\\nankle surgery. Podiatrists who have obtained an issuance of a privilege\\nto perform podiatric advanced ankle surgery may perform surgery on the\\nankle which may include ankle fracture fixation, ankle fusion, ankle\\narthroscopy, insertion or removal of external fixation pins into or from\\nthe tibial diaphysis at or below the level of the myotendinous junction\\nof the triceps surae, and insertion and removal of retrograde\\ntibiotalocalcanneal intramedullary rods and locking screws up to the\\nlevel of the myotendinous junction of the triceps surae, but does not\\ninclude the surgical treatment of complications within the tibial\\ndiaphysis related to the use of such external fixation pins. Podiatrists\\nlicensed to practice, but not authorized to prescribe or administer\\nnarcotics prior to the effective date of this subdivision, may do so\\nonly after certification by the department in accordance with the\\nqualifications established by the commissioner. The practice of podiatry\\nshall include administering only local anesthetics for therapeutic\\npurposes as well as for anesthesia and treatment under general\\nanesthesia administered by authorized persons. The practice of podiatry\\nby any licensee shall not include partial or total ankle replacements\\nnor the treatment of pilon fractures.\\n 3. (a) The department shall conduct a study to determine whether to\\nmake available to the public profiles on podiatrists who have obtained\\nan issuance of a privilege to perform podiatric standard or advanced\\nankle surgery pursuant to subdivisions one and two of section seven\\nthousand nine of this article. Such study shall include consideration of\\nwhether it would be appropriate and feasible for the department to make\\npublicly available profiles for such podiatrists in a manner similar to\\nphysician profiles made available on the department of health's website\\nin accordance with section twenty-nine hundred ninety-five-a of the\\npublic health law. The department shall consult with the department of\\nhealth as necessary on matters related to the operation of the\\ndepartment of health's physician profiles established pursuant to\\nsection twenty-nine hundred ninety-five-a of the public health law in\\nconducting its study.\\n (b) If the department determines that making podiatrist profiles\\navailable is appropriate and feasible, the department, after\\nconsultation with the department of health, shall outline in such study\\nan appropriate and cost effective method of presenting relevant and\\nappropriate podiatric profiling information to the general public. The\\ndepartment shall submit such study to the governor, the temporary\\npresident of the senate, the speaker of the assembly, the minority\\nleader of the senate and the minority leader of the assembly on or\\nbefore November first, two thousand sixteen.\\n (c) If the department makes podiatrist profiles available as set forth\\nin paragraph (b) of this subdivision, the department of health shall\\ninclude on its website containing the physician profiles established\\npursuant to section twenty-nine hundred ninety-five-a of the public\\nhealth law a link to the website on which such podiatrist profiles may\\nbe accessed and a statement describing the purpose of such link.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7002", "title" : "Practice of podiatry and use of title \"podiatrist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7002", "activeDate" : "2014-09-22", "sequenceNo" : 1750, "repealedDate" : null, "fromSection" : "7002", "toSection" : "7002", "text" : " § 7002. Practice of podiatry and use of title \"podiatrist\". Only a\\nperson licensed or exempt under this article shall practice podiatry or\\nuse the title \"podiatrist\" or \"chiropodist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7003", "title" : "State board for podiatry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7003", "activeDate" : "2014-09-22", "sequenceNo" : 1751, "repealedDate" : null, "fromSection" : "7003", "toSection" : "7003", "text" : " § 7003. State board for podiatry. A state board for podiatry shall be\\nappointed by the board of regents on recommendation of the commissioner\\nfor the purpose of assisting the board of regents and the department on\\nmatters of professional licensing and professional conduct in accordance\\nwith section sixty-five hundred eight of this title. The board shall be\\ncomposed of not less than seven podiatrists licensed in this state. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7004", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7004", "activeDate" : "2014-09-22", "sequenceNo" : 1752, "repealedDate" : null, "fromSection" : "7004", "toSection" : "7004", "text" : " § 7004. Requirements for a professional license. To qualify for a\\nlicense as a podiatrist, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a doctoral degree\\nin podiatry, in accordance with the commissioner's regulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship: meet no requirements as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred thirty-five dollars for an initial license for\\npersons not requiring admission to a department conducted examination,\\nand a fee of two hundred ten dollars for each triennial registration\\nperiod.\\n (9) Continuing education: In accordance with the requirements of\\nsection sixty-five hundred two of the education law, at the time of\\nre-registration with the department, each applicant shall present\\nsatisfactory evidence to the state board for podiatry that in the years\\nprior to the filing for re-registration he attended the education\\nprograms conducted by the podiatry society of the state of New York or\\nthe equivalent of such educational programs as approved by the state\\nboard for podiatry in accordance with the commissioner's regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7005", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "7005", "activeDate" : "2014-09-22", "sequenceNo" : 1753, "repealedDate" : null, "fromSection" : "7005", "toSection" : "7005", "text" : " § 7005. Exempt persons. Nothing in this article shall be construed to\\naffect or prevent: 1. A student from engaging in clinical practice under\\nsupervision of a licensed podiatrist in a school of podiatry in this\\nstate registered by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7006", "title" : "Special provision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7006", "activeDate" : "2014-09-22", "sequenceNo" : 1754, "repealedDate" : null, "fromSection" : "7006", "toSection" : "7006", "text" : " § 7006. Special provision. 1. No corporation, except a hospital\\ncorporation authorized under article forty-three of the insurance law or\\na corporation organized and existing under the laws of the state of New\\nYork which, on or before the first day of March, nineteen hundred\\nforty-two, was legally incorporated to practice podiatry, shall practice\\npodiatry, and then only through licensed podiatrists and shall conform\\nto board of regents rules. No corporation organized to practice podiatry\\nshall change its name or sell its franchise or transfer its corporate\\nrights directly or indirectly, by transfer of capital stock control or\\notherwise, to any person or to another corporation without permission\\nfrom the department and any corporation so changing its name or so\\ntransferring its franchise or corporate rights without such permission\\nor found guilty of violating a board of regents rule shall be deemed to\\nhave forfeited its right to exist and shall be dissolved by a proceeding\\nbrought by the attorney general.\\n 2. Any manufacturer or merchant may sell, advertise, fit, or adjust\\nproprietary foot remedies, arch supports, corrective foot appliances or\\nshoes.\\n 3. Notwithstanding any inconsistent provision of any general, special\\nor local law, any licensed podiatrist who voluntarily and without the\\nexpectation of monetary compensation renders first aid or emergency\\ntreatment at the scene of an accident or other emergency, outside of a\\nhospital or any other place having proper and necessary medical\\nequipment, to a person who is unconscious, ill or injured shall not be\\nliable for damages for injuries alleged to have been sustained by such\\nperson or for damages for the death of such person alleged to have\\noccurred by reason of an act or omission in the rendering of such first\\naid or emergency treatment unless it is established that such injuries\\nwere or such death was caused by gross negligence on the part of such\\npodiatrist. Nothing in this subdivision shall be deemed or construed to\\nrelieve a licensed podiatrist from liability for damages for injuries or\\ndeath caused by an act or omission on the part of a podiatrist while\\nrendering professional services in the normal and ordinary course of\\npractice.\\n 4. An unlicensed person may provide supportive services to a\\npodiatrist incidental to and concurrent with such podiatrist personally\\nperforming a service or procedure. Nothing in this subdivision shall be\\nconstrued to allow an unlicensed person to provide any service which\\nconstitutes the practice of podiatry as defined in this article. An\\nunlicensed person providing supportive services to a podiatrist may\\noperate radiographic equipment under direct supervision for the sole\\npurpose of foot radiography provided that such person completes a course\\nof study acceptable to the department in consultation with the\\ndepartment of health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7007", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7007", "activeDate" : "2014-09-22", "sequenceNo" : 1755, "repealedDate" : null, "fromSection" : "7007", "toSection" : "7007", "text" : " § 7007. Limited permits. 1. Limited permits to practice podiatry may\\nbe issued by the department to graduates of a program of professional\\neducation in podiatry registered by the department or accredited by an\\naccrediting agency acceptable to the department. Such permits shall\\nauthorize the practice of podiatry only under the supervision of a\\nlicensed podiatrist and only in:\\n a. a hospital or health facility licensed pursuant to article\\ntwenty-eight of the public health law;\\n b. a clerkship for a period of two years or less conducted by a\\nlicensed podiatrist designated as a member of the faculty of an approved\\nschool of podiatry for purposes of a preceptorship program; or\\n 2. Limited permits shall be issued for a period of one year, and may\\nbe renewed at the discretion of the department for one additional year.\\n 3. The fee for a limited permit shall be one hundred five dollars and\\nthe fee for a renewal shall be fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7008", "title" : "Limited residency permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "7008", "activeDate" : "2014-09-22", "sequenceNo" : 1756, "repealedDate" : null, "fromSection" : "7008", "toSection" : "7008", "text" : " § 7008. Limited residency permits. 1. Limited residency permits may be\\nissued by the department to graduates of a program of professional\\neducation in podiatry registered by the department or accredited by an\\naccrediting agency acceptable to the department.\\n 2. Such permits shall allow a resident in podiatric medicine\\nparticipating in an approved post-graduate residency program to perform\\nsuch duties, tasks and functions that are required for successful\\ncompletion of the residency program under the administrative supervision\\nof a licensed podiatrist serving as the residency director in a hospital\\nor health care facility licensed pursuant to article twenty-eight of the\\npublic health law. At any time during the residency a licensed physician\\nor a licensed podiatrist may provide direct personal supervision of\\nactivities which he or she is authorized and competent to provide in the\\napproved facility; provided, however, when the resident's training\\ninvolves practice beyond that authorized in section seven thousand one\\nof this article, a licensed physician shall provide direct personal\\nsupervision. For the purposes of this section, direct personal\\nsupervision means supervision of procedures based on instructions given\\ndirectly by a licensed physician who remains in the immediate area where\\nthe procedures are being performed, authorizes the procedures and\\nevaluates the procedures performed by the podiatric resident.\\n 3. Such permit shall be issued for one year and may be renewed at the\\ndiscretion of the department for one or two additional years when\\nnecessary to permit the completion of an approved post-graduate\\nresidency in podiatric medicine.\\n 4. The fee for a limited residency permit shall be one hundred five\\ndollars and the fee for a renewal shall be fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7009", "title" : "Podiatric ankle surgery privileges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7009", "activeDate" : "2014-09-22", "sequenceNo" : 1757, "repealedDate" : null, "fromSection" : "7009", "toSection" : "7009", "text" : " § 7009. Podiatric ankle surgery privileges. 1. For issuance of a\\nprivilege to perform podiatric standard ankle surgery, as that term is\\nused in subdivision two of section seven thousand one of this article,\\nthe applicant shall fulfill the following requirements:\\n a. Application: file an application with the department;\\n b. License: be licensed as a podiatrist in the state;\\n c. Training and certification: either:\\n (i) have graduated on or after June first, two thousand six from a\\nthree-year residency program in podiatric medicine and surgery that was\\naccredited by an accrediting agency acceptable to the department, and be\\ncertified in reconstructive rearfoot and ankle surgery by a national\\ncertifying board having certification standards acceptable to the\\ndepartment; or\\n (ii) have graduated on or after June first, two thousand six from a\\nthree-year residency program in podiatric medicine and surgery that was\\naccredited by an accrediting agency acceptable to the department, be\\nboard qualified but not yet certified in reconstructive rearfoot and\\nankle surgery by a national certifying board having certification\\nstandards acceptable to the department, and provide documentation that\\nhe or she has acceptable training and experience in standard or advance\\nmidfoot, rearfoot and ankle procedures that has been approved by the\\ndepartment; or\\n (iii) have graduated before June first, two thousand six from a\\ntwo-year residency program in podiatric medicine and surgery that was\\naccredited by an accrediting agency acceptable to the department, be\\ncertified in reconstructive rearfoot and ankle surgery by a national\\ncertifying board having certification standards acceptable to the\\ndepartment, and provide documentation that he or she has acceptable\\ntraining and experience in standard or advanced midfoot, rearfoot and\\nankle procedures that has been approved by the department;\\n d. Fees: pay a fee to the department of two hundred twenty dollars for\\nthe issuance of a privilege to perform podiatric standard ankle surgery.\\n 2. For issuance of a privilege to perform podiatric advanced ankle\\nsurgery, as that term is used in subdivision two of section seven\\nthousand one of this article, the applicant shall fulfill the following\\nrequirements:\\n a. Application: file an application with the department;\\n b. License: be licensed as a podiatrist in the state;\\n c. Experience and certification: either:\\n (i) have graduated on or after June first, two thousand six from a\\nthree-year residency program in podiatric medicine and surgery that was\\naccredited by an accrediting agency acceptable to the department, be\\ncertified in reconstructive rearfoot and ankle surgery by a national\\ncertifying board having certification standards acceptable to the\\ndepartment, and provide documentation that he or she has acceptable\\ntraining and experience in advanced midfoot, rearfoot and ankle\\nprocedures that has been approved by the department; or\\n (ii) have graduated before June first, two thousand six from a\\ntwo-year residency program in podiatric medicine and surgery that was\\naccredited by an accrediting agency acceptable to the department, be\\ncertified in reconstructive rearfoot and ankle surgery, by a national\\ncertifying board having certification standards acceptable to the\\ndepartment, and provide documentation that he or she has acceptable\\ntraining and experience in advanced midfoot, rearfoot and ankle\\nprocedures that has been approved by the department.\\n d. Fees: pay a fee to the department of two hundred twenty dollars for\\nthe issuance of a privilege to perform podiatric advanced ankle surgery.\\n 3. Duration and registration of privileges. A privilege issued under\\nthis section shall be valid for the life of the holder, unless revoked,\\nannulled, or suspended by the board of regents. Such a privilege shall\\nbe subject to the same oversight and disciplinary provisions as licenses\\nissued under this title. The holder of a privilege issued under this\\nsection shall register with the department as a privilege holder in the\\nsame manner and subject to the same provisions as required of a licensee\\npursuant to section six thousand five hundred two of this title,\\nprovided that, at the time of each registration, the privilege holder\\nshall certify that he or she continues to meet the requirements for the\\nprivilege set forth in this section. The fee for such registration shall\\nbe two hundred ten dollars. The registration period for a privilege\\nholder shall be coterminous with his or her registration as a\\npodiatrist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7010", "title" : "Ankle surgery limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-19" ], "docLevelId" : "7010", "activeDate" : "2014-09-22", "sequenceNo" : 1758, "repealedDate" : null, "fromSection" : "7010", "toSection" : "7010", "text" : " § 7010. Ankle surgery limited permits. A limited permit to perform\\npodiatric standard ankle surgery, as described in subdivision two of\\nsection seven thousand one of this article, may be issued by the\\ndepartment to a podiatrist who is licensed pursuant to this article and\\nwho has met the residency and board qualification/certification\\nrequirements set forth in subdivision one of section seven thousand nine\\nof this article in order to authorize such podiatrist to obtain the\\ntraining and experience required for the issuance of a podiatric\\nstandard ankle surgery privilege pursuant to subdivision one of section\\nseven thousand nine of this article. Such permits shall authorize the\\nperformance of podiatric standard ankle surgery only under the direct\\npersonal supervision of a licensed podiatrist holding a podiatric\\nstandard ankle surgery privilege or a podiatric advanced ankle surgery\\nprivilege issued pursuant to section seven thousand nine of this article\\nor of a physician licensed pursuant to article one hundred thirty-one of\\nthis title and certified in orthopedic surgery by a national certifying\\nboard having certification standards acceptable to the department.\\n 2. A limited permit to perform podiatric advanced ankle surgery, as\\ndescribed in subdivision two of section seven thousand one of this\\narticle, may be issued by the department to a podiatrist who is licensed\\npursuant to this article and who has met the residency and board\\ncertification requirements set forth in subdivision two of section seven\\nthousand nine of this article in order to authorize such podiatrist to\\nobtain the training and experience required for the issuance of a\\npodiatric advanced ankle surgery privilege pursuant to subdivision two\\nof section seven thousand nine of this article. Such permits shall\\nauthorize the performance of podiatric advanced ankle surgery only under\\nthe direct personal supervision of a licensed podiatrist holding a\\npodiatric advanced ankle surgery privilege issued pursuant to\\nsubdivision two of section seven thousand nine of this article or of a\\nphysician licensed pursuant to article one hundred thirty-one of this\\ntitle and certified in orthopedic surgery by a national certifying board\\nhaving certification standards acceptable to the department.\\n 3. For the purposes of this section, direct personal supervision means\\nsupervision of procedures based on instructions given directly by the\\nsupervising podiatrist or physician who remains in the immediate area\\nwhere the procedures are being performed, authorizes the procedures and\\nevaluates the procedures performed by the holder of the limited permit.\\n 4. The holder of a limited permit issued pursuant to this section\\nshall perform podiatric ankle surgery only in a hospital or health\\nfacility licensed pursuant to article twenty-eight of the public health\\nlaw and appropriately authorized to provide such surgery.\\n 5. Limited permits shall be issued for a period of one year, and may\\nbe renewed for additional one year periods when necessary to permit the\\ncompletion of the training and experience required to obtain a podiatric\\nstandard ankle surgery privilege or podiatric advanced ankle surgery\\nprivilege, as applicable, provided that no permit may be renewed more\\nthan four times for each such privilege.\\n 6. The fee for a limited permit shall be one hundred five dollars and\\nthe fee for a renewal shall be fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A143", "title" : "Optometry", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "143", "activeDate" : "2014-09-22", "sequenceNo" : 1759, "repealedDate" : null, "fromSection" : "7100", "toSection" : "7107", "text" : " ARTICLE 143\\n OPTOMETRY\\nSection 7100. Introduction.\\n 7101. Definition of the practice of optometry.\\n 7101-a. Certification to use therapeutic drugs.\\n 7102. Practice of optometry and use of title \"optometrist\".\\n 7103. State board for optometry.\\n 7104. Requirements for a professional license.\\n 7105. Exempt persons.\\n 7106. Special provisions.\\n 7107. Advertising of non-prescription ready-to-wear magnifying\\n spectacles or glasses.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7100", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7100", "activeDate" : "2014-09-22", "sequenceNo" : 1760, "repealedDate" : null, "fromSection" : "7100", "toSection" : "7100", "text" : " § 7100. Introduction. This article applies to the profession of\\noptometry. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7101", "title" : "Definition of the practice of optometry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7101", "activeDate" : "2014-09-22", "sequenceNo" : 1761, "repealedDate" : null, "fromSection" : "7101", "toSection" : "7101", "text" : " § 7101. Definition of the practice of optometry. The practice of the\\nprofession of optometry is defined as diagnosing and treating optical\\ndeficiency, optical deformity, visual anomaly, muscular anomaly or\\ndisease of the human eye and adjacent tissue by prescribing, providing,\\nadapting or fitting lenses or by prescribing, providing, adapting or\\nfitting non-corrective contact lenses, or by prescribing or providing\\northoptics or vision training, or by prescribing and using drugs. The\\npractice of optometry shall not include any injection or invasive\\nmodality. For purposes of this section invasive modality means any\\nprocedure in which human tissue is cut, altered, or otherwise\\ninfiltrated by mechanical or other means. Invasive modality includes\\nsurgery, lasers, ionizing radiation, therapeutic ultrasound and the\\nremoval of foreign bodies from within the tissue of the eye. Nothing in\\nthis section or section seventy-one hundred one-a of this article shall\\nbe construed to limit the scope of optometric practice as authorized\\nprior to January first, nineteen hundred ninety-five. The use of drugs\\nby optometrists is authorized only in accordance with the provisions of\\nthis article and regulations promulgated by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7101-A", "title" : "Certification to use therapeutic drugs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-29", "2023-01-06", "2023-10-27", "2024-11-29" ], "docLevelId" : "7101-A", "activeDate" : "2014-09-22", "sequenceNo" : 1762, "repealedDate" : null, "fromSection" : "7101-A", "toSection" : "7101-A", "text" : " § 7101-a. Certification to use therapeutic drugs. 1. Definitions. As\\nused in this section, the following terms shall have the following\\nmeanings:\\n (a) Clinical training. Clinical training shall mean the diagnosis,\\ntreatment and management of patients with ocular disease and shall be\\ncomparable to that acquired by a current graduate of the State\\nUniversity College of Optometry.\\n (b) Consultation. Consultation shall mean a confirmation of the\\ndiagnosis, a plan of co-management of the patient, and a periodic review\\nof the patient's progress.\\n (c) Education review committee. Education review committee shall mean\\nthe committee established pursuant to subdivision nine of this section.\\n (d) Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean\\nthose drugs which shall be limited to topical applications to the\\nsurface of the eye for the purpose of diagnostic examination of the eye\\nand shall be limited to:\\n (i) Anesthetic agents;\\n (ii) Mydriatics;\\n (iii) Cycloplegics;\\n (iv) Miotics;\\n (v) Disclosing agents and other substances used in conjunction with\\nthese drugs as part of a diagnostic procedure.\\n (e) Phase one therapeutic pharmaceutical agents. Phase one\\npharmaceutical agents shall mean those drugs which shall be limited to\\ntopical application to the surface of the eye for therapeutic purposes\\nand shall be limited to:\\n (i) antibiotic/antimicrobials;\\n (ii) decongestants/anti-allergenics;\\n (iii) non-steroidal anti-inflammatory agents;\\n (iv) steroidal anti-inflammatory agents;\\n (v) antiviral agents;\\n (vi) hyperosmotic/hypertonic agents;\\n (vii) cycloplegics;\\n (viii) artificial tears and lubricants.\\n (f) Phase two therapeutic pharmaceutical agents. Phase two\\npharmaceutical agents shall mean those drugs which shall be limited to\\ntopical application to the surface of the eye and shall be limited to:\\n (i) beta blockers;\\n (ii) alpha agonists;\\n (iii) direct acting cholinergic agents.\\n 2. Standard of care. An optometrist authorized to use pharmaceutical\\nagents for use in the diagnosis, treatment or prevention of ocular\\ndisease shall be held to the same standard of care in diagnosis, use of\\nsuch agents, and treatment as that degree of skill and proficiency\\ncommonly exercised by a physician in the same community.\\n 3. Certificate. The commissioner shall issue appropriate certificates\\nto use therapeutic pharmaceutical agents in accordance with the\\nprovisions of this section to those optometrists who have satisfactorily\\ncompleted a curriculum in general and ocular pharmacology at a college\\nof optometry with didactic and supervised clinical programs approved by\\nthe department are eligible to apply for the certificate issued pursuant\\nto this section.\\n 4. Phase one therapeutic pharmaceutical agents. (a) Before using or\\nprescribing phase one therapeutic pharmaceutical agents, each\\noptometrist shall have completed at least three hundred hours of\\nclinical training in the diagnosis, treatment and management of patients\\nwith ocular disease other than glaucoma and ocular hypertension, not\\nfewer than twenty-five hours of such training shall have been completed\\nsubsequent to June thirtieth, nineteen hundred ninety-three and\\nadditionally shall either have taken and successfully passed the\\ntreatment and management of ocular diseases portion of the National\\nBoard of Examiners in Optometry test or have taken and successfully\\npassed an examination acceptable to the board.\\n (b) Before using or prescribing phase two therapeutic pharmaceutical\\nagents, an optometrist must be certified for diagnostic and phase one\\ntherapeutic agents and have completed an additional one hundred hours of\\nclinical training in the diagnosis, treatment and management of patients\\nwith glaucoma and ocular hypertension, not fewer than twenty-five hours\\nof such training shall have been completed subsequent to July first,\\nnineteen hundred ninety-four, and shall have taken and successfully\\npassed an oral or written examination acceptable by the board.\\n (c) The clinical training required by this section may have been\\nacquired prior to the enactment of this section not inconsistent with\\nparagraphs (a) and (b) of this subdivision. Approval of the pre-acquired\\nclinical training shall be in accordance with subdivision nine-a of this\\nsection.\\n (d) The provisions of paragraphs (a) and (b) of this subdivision shall\\nnot apply to (i) graduates of an appropriate program approved by the\\ndepartment who have successfully passed the examination on the use of\\ndiagnostic and therapeutic drugs and who graduated subsequent to January\\nfirst, nineteen hundred ninety-three; or (ii) optometrists who have been\\ncertified for at least five years to use phase one and phase two drugs\\nin another jurisdiction, have demonstrated such use in independently\\nmanaged patients, and have been licensed in accordance with section\\nseventy-one hundred four of this chapter. Provided, however, no\\noptometrist exempt under this paragraph shall be permitted to use phase\\none therapeutic pharmaceutical agents or phase two therapeutic\\npharmaceutical agents prior to the general authorization provided to\\noptometrists licensed in this state.\\n 5. Suspension of certification. The department shall suspend the\\ncertification for the use and prescribing of phase one therapeutic\\nagents of any optometrist who fails to receive certification for phase\\ntwo therapeutic pharmaceutical agents within three years of having been\\ncertified for phase one therapeutic pharmaceutical agents.\\n 6. Consultation. (a) After the initial diagnosis of glaucoma or ocular\\nhypertension and before initiating treatment of any patient, an\\noptometrist shall engage in a written consultation with a licensed\\nphysician specializing in diseases of the eye.\\n (b) A consultation shall be required for a period of three years or\\nuntil the optometrist has examined and diagnosed seventy-five patients\\nhaving glaucoma or ocular hypertension which examinations require a\\nwritten consultation in accordance with paragraph (a) of this\\nsubdivision, whichever occurs later.\\n (c) The consultation provisions shall not apply to a graduate of an\\nappropriate program approved by the department who successfully passed\\nan examination in the use of diagnostic and therapeutic pharmaceutical\\nagents approved by the department and graduated such school subsequent\\nto January first, nineteen hundred ninety-nine and who has had at least\\nseventy-five documented examinations and diagnosis of patients with\\nglaucoma or ocular hypertension which examinations were part of their\\ntraining and were under physician supervision.\\n 7. Continuing education. Each optometrist certified to use phase one\\nor phase two therapeutic pharmaceutical agents shall complete a minimum\\nof thirty-six hours of continuing education per triennial registration\\nperiod. The education shall be in the area of ocular disease and\\npharmacology and may include both didactic and clinical components. Such\\neducational programs shall be approved in advance by the department and\\nevidence of the completion of this requirement shall be submitted with\\neach application for license renewal as required by section sixty-five\\nhundred two of this chapter.\\n 8. Notice to patient. (a) (i) An optometrist prescribing steroids or\\nantiviral medication shall inform each patient that in the event the\\ncondition does not improve within five days, a physician of the\\npatient's choice will be notified.\\n (ii) An optometrist engaged in a written consultation with an\\nophthalmologist shall inform a patient diagnosed with glaucoma that the\\noptometrist will have the diagnosis confirmed and co-managed with an\\nophthalmologist of the patient's choice, or one selected by the\\noptometrist.\\n (b) In addition, each optometrist certified to prescribe and use\\ntherapeutic drugs shall have posted conspicuously in the office\\nreception area the following notice:\\n \"Dr. (Name), O.D. is certified by New York State to use drugs to\\ndiagnose and treat diseases of the eye. In the event your condition\\nrequires the use of steroids or antiviral medication and your condition\\ndoes not improve within five days, a physician of your choice will be\\nnotified.\\n In the event you are diagnosed with glaucoma, the optometrist will\\nhave your diagnosis confirmed and treatment co-managed with an\\nophthalmologist (MD) of your choice, or if you wish, one selected by Dr.\\n(Name).\"\\n The second paragraph of such notice shall only be required to be\\nincluded during the period when the optometrist is engaged in a written\\nconsultation pursuant to subdivision six of this section.\\n 9. Education review committee. An education review committee is hereby\\ncreated to advise and assist the commissioner in evaluating pre-acquired\\nclinical training. The members of the committee shall be appointed by\\nthe commissioner in consultation with the chancellor of the state\\nuniversity of New York. The committee shall consist of five members, two\\nof whom shall be optometrists on the faculty of the SUNY college of\\noptometry, two of whom shall be ophthalmologists who, in addition to\\nbeing members of the faculty of any approved medical school in this\\nstate and not also faculty members of SUNY college of optometry, have\\nsurgical privileges at a New York state hospital. The fifth member who\\nshall be designated as chair shall be an expert in the field of public\\nhealth and shall be neither an ophthalmologist nor an optometrist.\\n The commissioner shall submit each application to the committee for\\nits review and recommendation. In making such recommendation, the\\ncommittee shall advise as to the number of hours of pre-acquired\\nclinical training, if any, to be approved, based upon the information\\nsubmitted with the application. In evaluating such training, the\\ncommittee shall be authorized to require the submission of such\\nreasonable documentation needed to facilitate the committee's review of\\nthe adequacy and relevance of such training.\\n 9-a. Pre-acquired clinical training. (a) Each optometrist requesting\\napproval of pre-acquired clinical training shall submit a written\\napplication to the department. The commissioner, in consultation with\\nthe education review committee may provide credit for the following:\\n (i) clinical training acquired at an institution accredited by a\\nregional or professional accreditation organization which is recognized\\nor approved by the United States Department of Education, the department\\nand the Board of Regents of the University of the state of New York;\\n (ii) clinical training acquired at a facility licensed by the state of\\nNew York in accordance with article twenty-eight of the public health\\nlaw or at a comparable facility located in another state or country\\nprovided the licensing requirements or accreditation requirements of\\nsuch institution are comparable to those of New York state;\\n (iii) hospital affiliations, including rounds and patient management\\nfor applicants having staff privileges at such facility;\\n (iv) consultation and co-management with ophthalmologists of patients\\nwith ocular disease and post-surgery recovery;\\n (v) postdoctoral accredited residency or fellowship programs;\\n (vi) experience at an accredited educational institution as a faculty\\ninstructor in clinical practice, ocular disease management and\\npharmacology;\\n (vii) experience in other states in which the applicant has been\\ncertified to use therapeutic pharmaceutical agents.\\n (b) Any optometrist disagreeing with the recommendation of the\\neducation review committee shall have a right to appeal in writing to\\nthe commissioner. The decision of the commissioner shall be final and\\nbinding on all parties.\\n 10. Pharmaceutical agents. Optometrists who have been approved and\\ncertified by the department shall be permitted to use the following\\ndrugs:\\n (a) Diagnostic pharmaceuticals.\\n (b) Those optometrists having been certified for phase one therapeutic\\npharmaceutical agents shall be authorized (i) to use and recommend all\\nnonprescription medications appropriate for ocular disease whether\\nintended for topical or oral use; and (ii) to use and prescribe all\\nphase one therapeutic pharmaceutical agents which are FDA approved and\\ncommercially available.\\n In the event an optometrist treats a patient with topical antiviral or\\nsteroidal drugs and the patient's condition either fails to improve or\\nworsens within five days, the optometrist shall notify a physician\\ndesignated by the patient or, if none, by the treating optometrist.\\n (c) Those optometrists having been certified for phase two therapeutic\\npharmaceutical agents shall be authorized to use and prescribe phase two\\ntherapeutic pharmaceutical agents which are FDA approved and\\ncommercially available.\\n 11. Responsibilities of the commissioner. The commissioner shall adopt\\nregulations (a) providing for the certification of graduates of an\\nappropriate program approved by the department who have successfully\\npassed the examination on the use of diagnostic and therapeutic\\npharmaceutical agents and who have graduated subsequent to January\\nfirst, nineteen hundred ninety-three; and (b) providing for the\\ncertification of optometrists who have graduated from other accredited\\ncolleges of optometry or who are licensed to practice in other\\njurisdictions, have demonstrated such use in independently managed\\npatients and are seeking licensure and certification in New York.\\n 12. Responsibilities of the commissioner of health. The commissioner\\nof health may recommend to the commissioner additions or deletions to\\nthe department's regulations relating to optometric use of drugs except\\nthat such recommendations shall be limited only to additions which have\\nbeen determined to be equivalent to those drugs already authorized or\\ndeletions based upon a finding that the drugs are no longer appropriate\\nfor their current use or for other similar reasons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7102", "title" : "Practice of optometry and use of title \"optometrist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7102", "activeDate" : "2014-09-22", "sequenceNo" : 1763, "repealedDate" : null, "fromSection" : "7102", "toSection" : "7102", "text" : " § 7102. Practice of optometry and use of title \"optometrist\". Only a\\nperson licensed or exempt under this article shall practice optometry or\\nuse the title \"optometrist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7103", "title" : "State board for optometry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7103", "activeDate" : "2014-09-22", "sequenceNo" : 1764, "repealedDate" : null, "fromSection" : "7103", "toSection" : "7103", "text" : " § 7103. State board for optometry. A state board for optometry shall\\nbe appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents and the\\ndepartment on matters of professional licensing and professional conduct\\nin accordance with section sixty-five hundred eight of this title. The\\nboard shall be composed of not less than seven optometrists who shall\\nhave been residents of this state engaged in the practice of optometry\\nfor at least five years in this state. An executive secretary to the\\nboard shall be appointed by the board of regents on recommendation of\\nthe commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7104", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-29", "2023-10-27" ], "docLevelId" : "7104", "activeDate" : "2014-09-22", "sequenceNo" : 1765, "repealedDate" : null, "fromSection" : "7104", "toSection" : "7104", "text" : " § 7104. Requirements for a professional license. To qualify for a\\nlicense as an optometrist, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a degree of\\ndoctor of optometry or equivalent degree, in accordance with the\\ncommissioner's regulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship: meet no requirement as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred thirty-five dollars for an initial license for\\npersons not requiring admission to a department conducted examination,\\nand a fee of two hundred ten dollars for each triennial registration\\nperiod, and for additional authorization for the purpose of utilizing\\ndiagnostic pharmaceutical agents, a fee of sixty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7105", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-09-25", "2021-06-25", "2023-10-27" ], "docLevelId" : "7105", "activeDate" : "2014-09-22", "sequenceNo" : 1766, "repealedDate" : null, "fromSection" : "7105", "toSection" : "7105", "text" : " § 7105. Exempt persons. Nothing in this article shall be construed to\\naffect or prevent:\\n a. A student from engaging in clinical practice under supervision of a\\nlicensed optometrist or physician in a school of optometry in this state\\nregistered by the department; or\\n b. A person licensed to practice optometry from using a degree\\nconferred in course after resident study by an educational institution\\nlawfully authorized by the state in which it is located to confer such a\\ndegree.\\n c. An optometrist licensed in another state or country who is employed\\non a full-time basis by a registered school of optometry as a faculty\\nmember with the rank of assistant professor or higher from conducting\\nresearch and clinical demonstrations as part of such employment, under\\nthe supervision of a licensed optometrist and on the premises of the\\nschool. No fee may be charged for the practice of optometry authorized\\nby this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7106", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-22", "2020-09-25", "2021-05-21" ], "docLevelId" : "7106", "activeDate" : "2014-09-22", "sequenceNo" : 1767, "repealedDate" : null, "fromSection" : "7106", "toSection" : "7106", "text" : " § 7106. Special provisions. 1. The testimony and reports of a licensed\\noptometrist shall be received by any official, board, commission or\\nother agency of the state or of any of its subdivisions or\\nmunicipalities as qualified evidence with respect to any matter defined\\nin section seventy-one hundred one of this article; and no official,\\nboard, commission, or other agency of the state or any of its\\nsubdivisions or municipalities shall discriminate among the\\npractitioners of optometry and any other ocular practitioners.\\n 2. Eyeglasses or lenses for the correction of vision or non-corrective\\ncontact lenses may be sold by any person, firm or corporation at retail,\\nonly on prescription of a licensed physician or licensed optometrist and\\nonly if a licensed physician, optometrist or ophthalmic dispenser is in\\ncharge of and in personal attendance at the place of sale. This article\\nshall not apply to binoculars, telescopes, or other lenses used for\\nsimple magnification; except, that a seller of non-prescription\\nready-to-wear magnifying spectacles or glasses shall have the following\\nlanguage attached to each pair of glasses or spectacles displayed or\\noffered for sale and in at least ten point bold type permanently affixed\\nin plain view to the top of any point of sale display or, if there is no\\ndisplay, in the area of sale: \"ATTENTION; READY-TO-WEAR NON-PRESCRIPTION\\nGLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR\\nEXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE\\nNECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS.\" As used\\nin this subdivision \"non-prescription, ready to wear magnifying\\nspectacles or glasses\" means spherical convex lenses, uniform in each\\nmeridian, which are encased in eyeglass frames and intended to\\nameliorate the symptoms of presbyopia. The lenses in such glasses shall\\nbe of uniform focus power in each eye and shall not exceed 2.75\\ndiopters.\\n 3. It shall be a class A misdemeanor to practice any fraud, deceit or\\nmisrepresentation in any advertising related to optometric services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7107", "title" : "Advertising of non-prescription ready-to-wear magnifying spectacles or glasses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7107", "activeDate" : "2014-09-22", "sequenceNo" : 1768, "repealedDate" : null, "fromSection" : "7107", "toSection" : "7107", "text" : " § 7107. Advertising of non-prescription ready-to-wear magnifying\\nspectacles or glasses. 1. Any printed advertising for non-prescription\\nready-to-wear magnifying spectacles or glasses to be sold through the\\nmail also shall include the statement, \"ATTENTION; READY-TO-WEAR\\nNON-PRESCRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED\\nCORRECTIVE LENSES OR EXAMINATIONS BY AN EYE CARE PROFESSIONAL.\\nCONTINUOUS EYE CHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH\\nSTATUS AND VISION NEEDS.\" As used in this section, \"non-prescription,\\nready to wear magnifying spectacles or glasses\" means spherical convex\\nlenses, uniform in each meridian, which are encased in eyeglass frames\\nand intended to ameliorate the symptoms of presbyopia. The lenses in\\nsuch glasses shall be of uniform focus power in each eye and shall not\\nexceed 2.75 diopters.\\n 2. Any person, his or her agent or employee who shall violate any\\nprovision of this section shall be subject to a civil penalty of not\\nless than twenty-five dollars nor more than two hundred fifty dollars\\nfor each violation. For purposes of this section, the sale or offer for\\nsale of each pair of non-prescription ready-to-wear magnifying\\nspectacles or glasses which fail to meet the standards of this section\\nshall constitute a violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A144", "title" : "Ophthalmic Dispensing", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "144", "activeDate" : "2014-09-22", "sequenceNo" : 1769, "repealedDate" : null, "fromSection" : "7120", "toSection" : "7128", "text" : " ARTICLE 144\\n OPHTHALMIC DISPENSING\\nSection 7120. Introduction.\\n 7121. Definition of practice of ophthalmic dispensing.\\n 7122. Practice of ophthalmic dispensing and use of title\\n \"ophthalmic dispenser\" or \"optician\".\\n 7123. State board for ophthalmic dispensing.\\n 7124. Requirements for a professional license.\\n 7125. Exemptions.\\n 7126. Special provisions.\\n 7127. Advertising of non-prescription ready-to-wear magnifying\\n spectacles or glasses.\\n 7128. Mandatory continuing education.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7120", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7120", "activeDate" : "2014-09-22", "sequenceNo" : 1770, "repealedDate" : null, "fromSection" : "7120", "toSection" : "7120", "text" : " § 7120. Introduction. This article applies to the profession of\\nophthalmic dispensing. The general provisions for all professions\\ncontained in article one hundred thirty of this title apply to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7121", "title" : "Definition of practice of ophthalmic dispensing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7121", "activeDate" : "2014-09-22", "sequenceNo" : 1771, "repealedDate" : null, "fromSection" : "7121", "toSection" : "7121", "text" : " § 7121. Definition of practice of ophthalmic dispensing. The practice\\nof the profession of ophthalmic dispensing is defined as adapting and\\nfitting lenses, for the correction of deficiencies, deformities or\\nanomalies of the human eyes, or adapting and fitting non-corrective\\ncontact lenses, on written prescriptions from a licensed physician or\\noptometrist. Replacements or duplicates of such lenses may be adapted\\nand dispensed without prescription. Contact lenses may be fitted by an\\nophthalmic dispenser only under the personal supervision of a licensed\\nphysician or optometrist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7122", "title" : "Practice of ophthalmic dispensing and use of title \"ophthalmic dispenser\" or \"optician\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7122", "activeDate" : "2014-09-22", "sequenceNo" : 1772, "repealedDate" : null, "fromSection" : "7122", "toSection" : "7122", "text" : " § 7122. Practice of ophthalmic dispensing and use of title \"ophthalmic\\ndispenser\" or \"optician\". Only a person licensed or exempt under this\\narticle or a corporation, partnership or persons doing business under an\\nassumed name and either composed of licensed ophthalmic dispensers or\\nemploying licensed ophthalmic dispensers shall practice ophthalmic\\ndispensing or use the title \"ophthalmic dispenser\", \"optician\", \"optical\\ntechnician\", \"dispensing optician\", or \"optical dispenser\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7123", "title" : "State board for ophthalmic dispensing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7123", "activeDate" : "2014-09-22", "sequenceNo" : 1773, "repealedDate" : null, "fromSection" : "7123", "toSection" : "7123", "text" : " § 7123. State board for ophthalmic dispensing. A state board for\\nophthalmic dispensing shall be appointed by the board of regents on\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of professional licensing\\nand professional conduct in accordance with section sixty-five hundred\\neight of this title. The board shall be composed of not less than seven\\nlicensed ophthalmic dispensers who shall have been residents of this\\nstate engaged in the practice of ophthalmic dispensing for at least five\\nyears in this state. An executive secretary to the board shall be\\nappointed by the board of regents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7124", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7124", "activeDate" : "2014-09-22", "sequenceNo" : 1774, "repealedDate" : null, "fromSection" : "7124", "toSection" : "7124", "text" : " § 7124. Requirements for a professional license. a. To qualify for a\\nlicense as an ophthalmic dispenser, an applicant shall fulfill the\\nfollowing requirements;\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including high school\\ngraduation and completion, in accordance with the commissioner's\\nregulations, of either (i) a two-year program in ophthalmic dispensing,\\nor, (ii) two years of training and experience in ophthalmic dispensing\\nunder the supervision of a licensed ophthalmic dispenser, optometrist or\\nphysician;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least eighteen years of age;\\n (6) Citizenship: meet no requirement as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of forty-five dollars for each reexamination, a fee of\\nfifty dollars for an initial license for persons not requiring admission\\nto a department conducted examination, and a fee of fifty dollars for\\neach triennial registration period.\\n b. A person licensed after July first, nineteen hundred seventy-three\\nshall be permitted to fit contact lenses only if the licensee, in\\naddition to the requirements of subdivision a of this section, shall (1)\\npass a separate examination satisfactory to the board and in accordance\\nwith the commissioner's regulations; and (2) have the requisite\\nexperience in the fitting of contact lenses satisfactory to the board\\nand in accordance with the commissioner's regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7125", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7125", "activeDate" : "2014-09-22", "sequenceNo" : 1775, "repealedDate" : null, "fromSection" : "7125", "toSection" : "7125", "text" : " § 7125. Exemptions. Nothing in this article shall be construed to\\naffect or prevent:\\n a. An unlicensed person from performing merely mechanical work upon\\ninert matter in an optical office, laboratory or shop; or\\n b. A student from engaging in clinical practice, under the supervision\\nof a licensed ophthalmic dispenser or licensed optometrist or licensed\\nphysician, in an ophthalmic dispensing school or college registered by\\nthe department; or\\n c. The department from issuing a limited permit to an applicant who\\nmeets all requirements for admission to the licensing examination;\\nprovided, however, that:\\n (1) Practice under a limited permit shall be under the supervision of\\na licensed physician, optometrist or ophthalmic dispenser.\\n (2) A limited permit shall expire after two years, or upon notice to\\nthe applicant that the application for licensure has been denied, or ten\\ndays after notification to the applicant of failure on the professional\\nlicensing examination, whichever shall first occur. Notwithstanding the\\nforegoing provisions of this subdivision, if the applicant is waiting\\nthe result of a licensing examination at the time such limited permit\\nexpires, such permit shall continue to be valid until ten days after\\nnotification to the applicant of the results of such examination. A\\nlimited permit which has not expired as a result of notice of denial of\\nlicensure or of failure on the licensing examination may be renewed for\\na period of not more than one additional year, upon a showing\\nsatisfactory to the department that the applicant could not obtain a\\nlicense within two years.\\n (3) Supervision of a permittee by a licensed physician, optometrist or\\nophthalmic dispenser shall be on-site supervision but not necessarily\\ndirect personal supervision.\\n (4) The fee for each limited permit and for each renewal shall be\\nthirty-five dollars. The fee for issuance of a training permit shall be\\nthirty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7126", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7126", "activeDate" : "2014-09-22", "sequenceNo" : 1776, "repealedDate" : null, "fromSection" : "7126", "toSection" : "7126", "text" : " § 7126. Special provisions. 1. Eyeglasses or lenses for the correction\\nof vision or non-corrective contact lenses may be sold by any person,\\nfirm or corporation at retail, only on prescription of a licensed\\nphysician or licensed optometrist and only if a licensed physician,\\noptometrist or ophthalmic dispenser is in charge of and in personal\\nattendance at the place of sale. This article shall not apply to\\nbinoculars, telescopes, or other lenses used for simple magnification;\\nexcept, that a seller of non-prescription ready-to-wear magnifying\\nspectacles or glasses shall have the following language attached to each\\npair of glasses or spectacles displayed or offered for sale and in at\\nleast ten point bold type permanently affixed in plain view to the top\\nof any point of sale display or, if there is no display, in the area of\\nsale: \"ATTENTION; READY-TO-WEAR NON-PRESCRIPTION GLASSES ARE NOT\\nINTENDED TO REPLACE PRESCRIBED CORRECTIVE LENSES OR EXAMINATIONS BY AN\\nEYE CARE PROFESSIONAL. CONTINUOUS EYE CHECK-UPS ARE NECESSARY TO\\nDETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS.\" As used in this\\nsubdivision, \"non-prescription, ready to wear magnifying spectacles or\\nglasses\" means spherical convex lenses, uniform in each meridian, which\\nare encased in eyeglass frames and intended to ameliorate the symptoms\\nof presbyopia. The lenses in such glasses shall be of uniform focus\\npower in each eye and shall not exceed 2.75 diopters.\\n 2. It shall be a class A misdemeanor to practice any fraud, deceit or\\nmisrepresentation in any advertising related to ophthalmic dispensing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7127", "title" : "Advertising of non-prescription ready-to-wear magnifying spectacles or glasses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7127", "activeDate" : "2014-09-22", "sequenceNo" : 1777, "repealedDate" : null, "fromSection" : "7127", "toSection" : "7127", "text" : " § 7127. Advertising of non-prescription ready-to-wear magnifying\\nspectacles or glasses. 1. Any printed advertising for non-prescription\\nready-to-wear magnifying spectacles or glasses to be sold through the\\nmail also shall include the statement, \"ATTENTION; READY-TO-WEAR\\nNON-PRESCRIPTION GLASSES ARE NOT INTENDED TO REPLACE PRESCRIBED\\nCORRECTIVE LENSES OR EXAMINATIONS BY AN EYE CARE PROFESSIONAL.\\nCONTINUOUS EYE CHECK-UPS ARE NECESSARY TO DETERMINE YOUR EYE HEALTH\\nSTATUS AND VISION NEEDS.\" As used in this section, \"non-prescription,\\nready to wear magnifying spectacles or glasses\" means spherical convex\\nlenses, uniform in each meridian, which are encased in eyeglass frames\\nand intended to ameliorate the symptoms of presbyopia. The lenses in\\nsuch glasses shall be of uniform focus power in each eye and shall not\\nexceed 2.75 diopters.\\n 2. Any person, his or her agent or employee who shall violate any\\nprovision of this section shall be subject to a civil penalty of not\\nless than twenty-five dollars nor more than two hundred fifty dollars\\nfor each violation. For purposes of this section, the sale or offer for\\nsale of each pair of non-prescription ready-to-wear magnifying\\nspectacles or glasses which fail to meet the standards of this section\\nshall constitute a violation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7128", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7128", "activeDate" : "2014-09-22", "sequenceNo" : 1778, "repealedDate" : null, "fromSection" : "7128", "toSection" : "7128", "text" : " § 7128. Mandatory continuing education. 1. (a) Each licensed\\nophthalmic dispenser required under this article to register triennially\\nwith the department to practice in the state shall comply with the\\nprovisions of the mandatory continuing education requirements prescribed\\nin subdivision two of this section except as set forth in paragraphs (b)\\nand (c) of this subdivision. Ophthalmic dispensers who do not satisfy\\nthe mandatory continuing education requirements shall not practice until\\nthey have met such requirements, and they have been issued a\\nregistration certificate, except that an ophthalmic dispenser may\\npractice without having met such requirements if he or she is issued a\\nconditional registration certificate pursuant to subdivision three of\\nthis section.\\n (b) Ophthalmic dispensers shall be exempt from the mandatory\\ncontinuing education requirement for the triennial registration period\\nduring which they are first licensed. In accord with the intent of this\\nsection, adjustment to the mandatory continuing education requirement\\nmay be granted by the department for reasons of health certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed ophthalmic dispenser not engaged in practice, as\\ndetermined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to the\\npractice of ophthalmic dispensing during the triennial registration\\nperiod shall notify the department prior to reentering the profession\\nand shall meet such mandatory education requirements as shall be\\nprescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration as an ophthalmic dispenser shall complete a minimum of\\neighteen hours of acceptable formal continuing education, as specified\\nin subdivision four of this section; provided that three hours may be in\\nrecognized areas of study pertinent to the dispensing and fitting of\\ncontact lenses. During each triennial registration period an applicant\\nfor registration as an ophthalmic dispenser and certified to fit contact\\nlenses shall complete twenty hours of acceptable formal continuing\\neducation, as specified in subdivision four of this section; provided\\nthat ten hours shall be in recognized areas of study pertinent to the\\ndispensing and fitting of contact lenses. Any ophthalmic dispenser whose\\nfirst registration date following the effective date of this section\\noccurs less than three years from such effective date, but on or after\\nJanuary first, nineteen hundred ninety-nine, shall complete continuing\\neducation hours on a prorated basis at the rate of one-half hour per\\nmonth for the period beginning January first, nineteen hundred\\nninety-eight up to the first registration date thereafter. A licensee\\nwho has not satisfied the mandatory continuing education requirements\\nshall not be issued a triennial registration certificate by the\\ndepartment and shall not practice unless and until a conditional\\nregistration certificate is issued as provided for in subdivision three\\nof this section. Continuing education hours taken during one triennium\\nmay not be transferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require the fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices without such registration, may be subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis chapter.\\n 4. As used in subdivision two of this section, \"Acceptable Formal\\nEducation\" shall mean formal courses of learning which contribute to\\nprofessional practice in ophthalmic dispensing and which meet the\\nstandards prescribed by regulations of the commissioner. Such formal\\ncourses of learning shall include, but not be limited to, collegiate\\nlevel credit and non-credit courses. Professional development programs\\nand technical sessions offered by national, state and local professional\\nassociations and other organizations acceptable to the department, and\\nany other organized educational and technical programs acceptable to the\\ndepartment. The department may, in its discretion and as needed to\\ncontribute to the health and welfare of the public, require the\\ncompletion of continuing education courses in specific subjects to\\nfulfill this mandatory continuing education requirement. Courses must be\\ntaken from a sponsor approved by the department, pursuant to the\\nregulations of the commissioner.\\n 5. Ophthalmic dispensers shall maintain adequate documentation of\\ncompletion of acceptable formal continuing education and shall provide\\nsuch documentation at the request of the department. Failure to provide\\nsuch documentation upon the request of the department shall be an act of\\nmisconduct subject to disciplinary proceedings pursuant to section\\nsixty-five hundred ten of this chapter.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section seventy-one hundred twenty-four of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A145", "title" : "Engineering and Land Surveying", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-07-01", "2016-11-25", "2017-08-18", "2020-11-13", "2022-01-07", "2024-07-05" ], "docLevelId" : "145", "activeDate" : "2014-09-22", "sequenceNo" : 1779, "repealedDate" : null, "fromSection" : "7200", "toSection" : "7212", "text" : " ARTICLE 145\\n ENGINEERING AND LAND SURVEYING\\nSection 7200. Introduction.\\n 7201. Definition of practice of engineering.\\n 7202. Practice of engineering and use of title \"professional\\n engineer\".\\n 7203. Definition of practice of land surveying.\\n 7204. Practice of land surveying and use of title \"land\\n surveyor\".\\n 7205. State board for engineering and land surveying.\\n 7206. Requirements for a license as professional engineer.\\n 7206-a. Requirements for a license as a professional land\\n surveyor.\\n 7207. Limited permits.\\n 7208. Exempt persons.\\n 7209. Special provisions.\\n 7210. Certificates of authorization.\\n 7211. Mandatory continuing education for professional\\n engineers.\\n 7212. Mandatory continuing education for land surveyors.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7200", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7200", "activeDate" : "2014-09-22", "sequenceNo" : 1780, "repealedDate" : null, "fromSection" : "7200", "toSection" : "7200", "text" : " § 7200. Introduction. This article applies to the professions of\\nengineering and land surveying. The general provisions for all\\nprofessions contained in article one hundred thirty of this title apply\\nto this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7201", "title" : "Definition of practice of engineering", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7201", "activeDate" : "2014-09-22", "sequenceNo" : 1781, "repealedDate" : null, "fromSection" : "7201", "toSection" : "7201", "text" : " § 7201. Definition of practice of engineering. The practice of the\\nprofession of engineering is defined as performing professional service\\nsuch as consultation, investigation, evaluation, planning, design or\\nsupervision of construction or operation in connection with any\\nutilities, structures, buildings, machines, equipment, processes, works,\\nor projects wherein the safeguarding of life, health and property is\\nconcerned, when such service or work requires the application of\\nengineering principles and data.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7202", "title" : "Practice of engineering and use of title \"professional engineer\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7202", "activeDate" : "2014-09-22", "sequenceNo" : 1782, "repealedDate" : null, "fromSection" : "7202", "toSection" : "7202", "text" : " § 7202. Practice of engineering and use of title \"professional\\nengineer\". Only a person licensed or otherwise authorized under this\\narticle shall practice engineering or use the title \"professional\\nengineer\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7203", "title" : "Definition of practice of land surveying", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7203", "activeDate" : "2014-09-22", "sequenceNo" : 1783, "repealedDate" : null, "fromSection" : "7203", "toSection" : "7203", "text" : " § 7203. Definition of practice of land surveying. The practice of the\\nprofession of land surveying is defined as practicing that branch of the\\nengineering profession and applied mathematics which includes the\\nmeasuring and plotting of the dimensions and areas of any portion of the\\nearth, including all naturally placed and man- or machine-made\\nstructures and objects thereon, the lengths and directions of boundary\\nlines, the contour of the surface and the application of rules and\\nregulations in accordance with local requirements incidental to\\nsubdivisions for the correct determination, description, conveying and\\nrecording thereof or for the establishment or reestablishment thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7204", "title" : "Practice of land surveying and use of title \"land surveyor\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7204", "activeDate" : "2014-09-22", "sequenceNo" : 1784, "repealedDate" : null, "fromSection" : "7204", "toSection" : "7204", "text" : " § 7204. Practice of land surveying and use of title \"land surveyor\".\\nOnly a person licensed or otherwise authorized under this article shall\\npractice land surveying or use the title \"land surveyor\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7205", "title" : "State board for engineering and land surveying", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7205", "activeDate" : "2014-09-22", "sequenceNo" : 1785, "repealedDate" : null, "fromSection" : "7205", "toSection" : "7205", "text" : " § 7205. State board for engineering and land surveying. A state board\\nfor engineering and land surveying shall be appointed by the board of\\nregents on recommendation of the commissioner for the purpose of\\nassisting the board of regents and the department on matters of\\nprofessional licensing and professional conduct in accordance with\\nsection sixty-five hundred eight of this title. The board shall be\\ncomposed of not less than seven professional engineers and not less than\\ntwo land surveyors licensed in this state. An executive secretary to\\nthe board shall be appointed by the board of regents on recommendation\\nof the commissioner and shall be a professional engineer or land\\nsurveyor licensed in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7206", "title" : "Requirements for a license as a professional engineer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-10-15", "2022-04-08", "2022-12-16" ], "docLevelId" : "7206", "activeDate" : "2014-09-22", "sequenceNo" : 1786, "repealedDate" : null, "fromSection" : "7206", "toSection" : "7206", "text" : " § 7206. Requirements for a license as a professional engineer. 1. To\\nqualify for a license as a professional engineer an applicant shall\\nfulfill the following requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a bachelor's or\\nhigher degree based on a program in engineering, in accordance with the\\ncommissioner's regulations;\\n (3) Experience: have at least four years in work satisfactory to the\\nboard, provided that the board may accept study beyond the bachelor's\\ndegree in partial fulfillment of this requirement;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred thirty-five dollars for an initial license for\\npersons not requiring admission to a department conducted examination,\\nand a fee of two hundred ten dollars for each triennial registration\\nperiod.\\n 2. In lieu of the degree and experience requirements specified in\\nsubparagraphs (2) and (3) of subdivision one of this section, twelve\\nyears of practical experience in work satisfactory to the board may be\\naccepted, provided that each full year of college study in engineering\\nsatisfactory to the department may at the discretion of the board be\\naccepted in lieu of two years of the required twelve years of\\nexperience.\\n 3. For an identification card as an \"intern engineer\", an applicant\\nshall fulfill the requirements of subdivision one of this section,\\nexcept those in subparagraphs (3) and (5), provided that admission to\\nthe examination may be given when the applicant is within twenty credits\\nof the completion of the requirements for the bachelor's or higher\\ndegree as prescribed in subparagraph (2) of subdivision one, or has\\ncompleted the practical experience requirement of subdivision two of\\nthis section. The fee for examination and identification card as an\\n\"intern engineer\" shall be seventy dollars and the fee for each\\nreexamination shall be seventy dollars.\\n 4. On recommendation of the board, the department may waive specific\\nrequirements, except as to age, character, education and citizenship, in\\nthe case of applicants who are possessed of established and recognized\\nstanding in the engineering profession and who have practiced lawfully\\nfor more than fifteen years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7206-A", "title" : "Requirements for a license as a professional land surveyor", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-11", "2021-04-09", "2022-12-16" ], "docLevelId" : "7206-A", "activeDate" : "2014-09-22", "sequenceNo" : 1787, "repealedDate" : null, "fromSection" : "7206-A", "toSection" : "7206-A", "text" : " § 7206-a. Requirements for a license as a professional land surveyor.\\n1. To qualify for a license as a professional land surveyor, an\\napplicant shall fulfill the following requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a bachelor's or\\nhigher degree based on a program in land surveying, in accordance with\\nthe commissioner's regulations;\\n (3) Experience: (a) If the applicant has a bachelor's or higher\\ndegree, have at least four years in work satisfactory to the board,\\nprovided that the board may accept study beyond the bachelor's degree in\\npartial fulfillment of this requirement; or (b) If the applicant has an\\nassociate's degree, have at least six years in work satisfactory to the\\nboard provided that the board may accept study beyond the associate's\\ndegree in partial fulfillment of this requirement;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred thirty-five dollars for an initial license for\\npersons not requiring admission to department conducted examination, and\\na fee of two hundred ten dollars for each triennial registration period.\\n 2. In lieu of the degree and experience requirements specified in\\nsubparagraphs (2) and (3) of subdivision one of this section, eight\\nyears of practical experience in work satisfactory to the board may be\\naccepted, provided that each full year of college study in engineering\\nor land surveying satisfactory to the department may at the discretion\\nof the board be accepted in lieu of one year of the required eight years\\nof experience.\\n 3. For an identification card as an \"intern land surveyor\", an\\napplicant shall fulfill the requirements of subdivision one of this\\nsection, except those in subparagraphs (3) and (5), provided that\\nadmission to the examination may be given when the applicant is within\\ntwenty credits of the completion of the requirements for the bachelor's\\nor higher degree as prescribed in subparagraph (2) of subdivision one,\\nor has completed the practical experience requirement of subdivision two\\nof this section. The fee for examination and identification card as an\\n\"intern land surveyor\" shall be seventy dollars and the fee for each\\nreexamination shall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7207", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7207", "activeDate" : "2014-09-22", "sequenceNo" : 1788, "repealedDate" : null, "fromSection" : "7207", "toSection" : "7207", "text" : " § 7207. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit to practice engineering to an\\nengineer not a resident of this state and having no established place of\\npractice in this state who is legally qualified to practice as such in\\nhis own country or state and who submits satisfactory evidence of\\nestablished and recognized professional standing in his own country or\\nstate and who submits satisfactory certifications as to character and\\nqualifications from at least two licensed professional engineers, one of\\nwhom shall be a resident of this state. Such limited permit shall be\\nissued solely in connection with the specific project for which such\\nlimited permit is granted.\\n 2. A limited permit to practice as a professional engineer or land\\nsurveyor in this state may be issued by the department to a person not a\\nresident in this state and having no established place of practice in\\nthis state, when such practice does not aggregate more than thirty days\\nin any calendar year, provided that such person is legally qualified to\\npractice in his own state or country. The limited permit authorizing\\nsuch right to practice in this state shall specify the dates within the\\ncalendar year when such right may be exercised.\\n 3. Fees. The fee for each limited permit shall be one hundred five\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7208", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7208", "activeDate" : "2014-09-22", "sequenceNo" : 1789, "repealedDate" : null, "fromSection" : "7208", "toSection" : "7208", "text" : " § 7208. Exempt persons. This article shall not be construed to affect\\nor prevent the following, provided that no title, sign, card or device\\nshall be used in such manner as to tend to convey the impression that\\nthe person rendering such service is a professional engineer or a land\\nsurveyor licensed in this state or is practicing engineering or land\\nsurveying:\\n a. Offering to practice in this state as a professional engineer or\\nland surveyor by any person not a resident of, and having no established\\nplace of practice in this state, provided that such person is legally\\nqualified for such practice in his own state or country;\\n b. Practice as a professional engineer or land surveyor in this state\\nby any person not a resident, or having no established place of practice\\nin this state, or any person resident in this state but who has arrived\\nin this state within six months, provided, however, such a person shall\\nhave filed an application for license as a professional engineer or land\\nsurveyor, and is legally qualified for such practice in the state or\\ncountry in which he resides or has his place of practice or in which he\\nhad his previous residence or place of practice, such exemption\\ncontinuing for only such reasonable time as the board requires to grant\\nor deny the application for license, and a person intending to practice\\nunder this subdivision shall so state on the application;\\n c. Practice of engineering or land surveying, by an employee of a\\ncounty or town, in the construction, improvement or maintenance of a\\ncounty road or town highway, or by an employee of a county, city, town\\nor village, in the construction, improvement or maintenance of any\\npublic work wherein the contemplated expenditure for the completed\\nproject does not exceed five thousand dollars;\\n d. Operation or maintenance of steam, power, or refrigeration plants\\nby legally authorized persons not licensed under this article or persons\\nengaged or employed as an engine man, operator or driver of any engine\\nor of any mechanical, electrical, chemical or other device or machine;\\n e. Making of surveys by professional engineers, except that the\\ndetermination of real property boundaries may be done only by a licensed\\nland surveyor;\\n f. Employment or supervision of interns or other persons qualified by\\neducation or experience by professional engineers or land surveyors as\\nassistants in the performance of engineering or land surveying, or as\\nconsultants or employees in special fields related to but not uniquely\\nengineering or land surveying, provided that the engineers or land\\nsurveyors employing or supervising such persons shall not be relieved of\\nany responsibility whatsoever by delegation to such persons, and\\nprovided further that such persons who have attained the bachelor's\\nlevel of studies in accordance with the requirements of section\\nseventy-two hundred six of this title may be employed as junior or\\nassistant engineers or junior or assistant land surveyors, or similar\\ntitles, to act under the general direction of a professional engineer or\\nland surveyor, or in work not covered by this article;\\n g. Employment of any person as a junior or assistant engineer or\\njunior or assistant land surveyor in the civil service of the state or\\nits political subdivisions in a position the title of which was approved\\nand in use as of July first, nineteen hundred seventy-one, provided such\\nperson acts under the general direction of a licensed professional\\nengineer or land surveyor;\\n h. Execution by a contractor or by others of work designed by a\\nprofessional engineer, or land surveyor, or the superintendence of such\\nwork as a superintendent, foreman, or inspector;\\n i. The practice of architecture by an architect licensed in this\\nstate, or the practice of landscape architecture by a landscape\\narchitect licensed in this state, provided that no such architect or\\nlandscape architect shall use the designation \"engineer\" or\\n\"engineering\" unless licensed as a professional engineer in this state;\\n j. The practice of engineering or land surveying or having the title\\n\"engineer\" or \"surveyor\" solely as an officer or an employee of a\\ncorporation engaged in interstate commerce;\\n k. The practice of engineering by a manufacturing corporation or by\\nemployees of such corporation, or use of the title \"engineer\" by such\\nemployees, in connection with or incidental to goods produced by, or\\nsold by, or nonengineering services rendered by, such corporation or its\\nmanufacturing affiliates;\\n l. The practice of engineering or land surveying, or using the title\\n\"engineer\" or \"surveyor\" (i) exclusively as an officer or employee of a\\npublic service corporation by rendering to such corporation such\\nservices in connection with its lines and property which are subject to\\nsupervision with respect to the safety and security thereof by the\\npublic service commission of this state, the interstate commerce\\ncommission or other federal regulatory body and so long as such person\\nis thus actually and exclusively employed and no longer, or (ii)\\nexclusively as an officer or employee of the Long Island power authority\\nor its service provider, as defined under section three-b of the public\\nservice law, by rendering to such authority or provider such services in\\nconnection with its lines and property which are located in such\\nauthority's service area and so long as such person is thus actually and\\nexclusively employed and no longer;\\n m. The making of land surveys by a professional engineer where such\\nland surveys are essential to engineering projects, provided he was\\nlicensed as a professional engineer in this state on or before the first\\nday of January in the year in which this act shall become a law and\\nfiles evidence satisfactory to the board on or before the first day of\\nJuly in the year next succeeding the year in which this act shall have\\nbecome law, that he is competent and experienced in such land surveys;\\n n. The design by a land surveyor of roads, drainage, water supply or\\nsanitary sewerage facilities of a minor nature in connection with\\nsubdivisions and the extension and inspection thereof, but not including\\nsewage disposal or treatment plants, lift stations, pumping stations,\\ncommercial buildings or bridges, provided the surveyor was licensed as a\\nland surveyor in this state on or before the first day of January in the\\nyear in which this act shall have become a law and files evidence\\nsatisfactory to the board on or before the first day of July in the year\\nnext succeeding the year in which this act shall have become a law,\\nattesting that he is competent and experienced in the engineering\\nrequired for design of such facilities appurtenant to subdivisions; or\\n o. Using the title \"marine operating engineer\", \"stationary engineer\",\\n\"port of customs surveyor\", or \"ship surveyor\".\\n p. Contractors or builders from engaging in construction management\\nand administration of construction contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7209", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7209", "activeDate" : "2014-09-22", "sequenceNo" : 1790, "repealedDate" : null, "fromSection" : "7209", "toSection" : "7209", "text" : " § 7209. Special provisions. 1. Every professional engineer and every\\nland surveyor shall have a seal, approved by the board, which shall\\ncontain the name of the professional engineer and the words \"Licensed\\nProfessional Engineer\" or the name of the land surveyor and the words\\n\"Licensed Land Surveyor\" and such other words or figures as the board\\nmay deem necessary. All plans, specifications, plats and reports\\nrelating to the construction or alteration of buildings or structures\\nprepared by such professional engineer and all plans, specifications,\\nplats and reports prepared by such land surveyor or by a full-time or\\npart-time subordinate under his supervision, shall be stamped with such\\nseal and shall also be signed, on the original with the personal\\nsignature of such professional engineer or land surveyor when filed with\\npublic officials. No official of this state, or of any city, county,\\ntown or village therein, charged with the enforcement of laws,\\nordinances or regulations shall accept or approve any plans or\\nspecifications that are not stamped:\\n a. With the seal of an architect or professional engineer or land\\nsurveyor licensed in this state and bearing the authorized facsimile of\\nthe signature of such architect or professional engineer or land\\nsurveyor, or\\n b. With the official seal and authorized facsimile of the signature of\\na professional engineer or land surveyor not a resident of this state\\nand having no established business in this state, but who is legally\\nqualified to practice as such in his own state or country, provided that\\nsuch person may lawfully practice as such in this state, and provided\\nfurther that the plans or specifications are accompanied by and have\\nattached thereto written authorization issued by the department\\ncertifying to such right to practice at such time.\\n 2. To all plans, specifications, plats and reports to which the seal\\nof a professional engineer or land surveyor has been applied, there\\nshall also be applied a stamp with appropriate wording warning that it\\nis a violation of this law for any person, unless he is acting under the\\ndirection of a licensed professional engineer or land surveyor, to alter\\nan item in any way. If an item bearing the seal of an engineer or land\\nsurveyor is altered, the altering engineer or land surveyor shall affix\\nto the item his seal and the notation \"altered by\" followed by his\\nsignature and the date of such alteration, and a specific description of\\nthe alteration.\\n 3. No county, city, town or village or other political subdivision of\\nthis state shall engage in the construction or maintenance of any public\\nwork involving engineering or land surveying for which plans,\\nspecifications and estimates have not been made by, and the construction\\nand maintenance supervised by, a professional engineer or land surveyor;\\nprovided that this section shall not apply to the construction,\\nimprovement or maintenance of county roads or town highways, nor to any\\nother public works wherein the contemplated expenditure for the\\ncompleted project does not exceed five thousand dollars. This section\\nshall not be construed as affecting or preventing any county, city, town\\nor village or other political subdivision of this state from engaging an\\narchitect licensed in this state for the preparation of plans,\\nspecifications and estimates for and the supervision of construction or\\nmaintenance of public works.\\n 4. Engineers, land surveyors, architects, and landscape architects may\\njoin in the formation of a joint enterprise, or a partnership or a\\nprofessional service corporation or a design professional service\\ncorporation or may form any desired combination of such professions and\\nmay use in the name of such corporation the title of any of the\\nprofessions which will be practiced. After the name of each member his\\nor her profession shall be indicated.\\n 5. A firm name may be continued by employees having at least fifteen\\nyears of continuous service if the retired members and legal\\nrepresentatives of deceased members consent to such continuance.\\n 6. It shall be lawful for a corporation organized and existing under\\nthe laws of the state of New York which on the fifteenth day of April,\\nnineteen hundred thirty-five and continuously thereafter, was lawfully\\npracticing engineering or land surveying in New York state, to continue\\nsuch practice provided that the chief executive officer shall be a\\nprofessional engineer licensed under this article, if practicing\\nengineering, or a land surveyor licensed under this article, if\\npracticing land surveying, and provided further that the person or\\npersons carrying on the actual practice of engineering or surveying on\\nbehalf of, or designated as \"engineer\" or \"surveyor\", with or without\\nqualifying or characterizing word, by such corporation shall be\\nauthorized to practice engineering or land surveying as provided in this\\narticle. It shall be lawful for a corporation which, on account of or as\\na result of requirements, restrictions or provisions of federal law, was\\norganized subsequent to April fifteenth, nineteen hundred thirty-five\\nfor the purpose of taking over an existing engineering organization\\nestablished prior to such time and which has taken over such\\norganization and continued its engineering activities, provided that the\\nchief executive officer of such corporation shall be a professional\\nengineer licensed under this article and provided further, that the\\nperson or persons carrying on the actual practice of engineering on\\nbehalf of, or designated as \"engineer\", with or without qualifying or\\ncharacterizing word, by such corporation, shall be authorized to\\npractice engineering as provided in this article. No such corporation\\nshall change its name or sell its franchise or transfer its corporate\\nrights, directly or indirectly to any person, firm or corporation\\nwithout the consent of the department. Each such corporation shall\\nobtain a triennial registration on payment of a fee of fifty dollars.\\n 7. Nothing in this article shall be construed to apply:\\n a. To the preparation or execution of designs, drawings, plans or\\nspecifications for the construction or installation of machinery, or\\napparatus constructed or installed by the corporation preparing such\\ndesigns, drawings, plans or specifications if the supervision of the\\npreparation of any such designs, drawings, plans or specifications,\\nconstruction or installation is done under the general direction of a\\nprofessional engineer or land surveyor licensed under this article; or\\n b. To alterations to any building or structure costing ten thousand\\ndollars or less which do not involve changes affecting the structural\\nsafety or public safety thereof nor to farm buildings, including barns,\\nsheds, poultry houses and other buildings used directly and solely for\\nagricultural purposes; nor to residence buildings of gross floor area of\\nfifteen hundred square feet or less, not including garages, carports,\\nporches, cellars, or uninhabitable basements or attics.\\n 8. Nothing in this article shall prohibit a corporation organized and\\nexisting prior to the fifteenth day of April, nineteen hundred\\nthirty-five under the laws of any state other than the state of New\\nYork, the name of which includes the word \"engineers\", from obtaining a\\ncertificate of authority to do business in the state of New York,\\nprovided that the business proposed to be done by such corporation\\nwithin this state, as set forth in the statement and designation\\nprovided for by section thirteen hundred four of the business\\ncorporation law, shall not include the practice within this state of\\nengineering or land surveying.\\n 9. a. Any person who knowingly damages, destroys, disturbs, removes,\\nresets, or replaces any boundary marker placed on any tract of land by a\\nlicensed land surveyor, or by any person at the direction of a licensed\\nland surveyor, for the purpose of designating any point, course or line\\nin the boundary of such tract of land in which he or she has no legal\\ninterest, shall be punished by a civil fine of not more than five\\nhundred dollars and shall be liable for the cost of reestablishment of\\nsaid boundary marker.\\n b. Notwithstanding the provisions of paragraph a of this subdivision,\\na licensed land surveyor licensed under section seventy-two hundred\\nthree of this article or a person acting at the direction of any such\\nlicensed land surveyor, may remove an existing marker if substandard in\\nnature in order to place an upgraded marker in the same location and\\nshall note the same on the map of survey.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7210", "title" : "Certificates of authorization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-09-09", "2016-11-25", "2017-08-18", "2018-03-02" ], "docLevelId" : "7210", "activeDate" : "2014-09-22", "sequenceNo" : 1791, "repealedDate" : null, "fromSection" : "7210", "toSection" : "7210", "text" : " § 7210. Certificates of authorization. 1. Domestic or foreign\\nprofessional service corporations, design professional service\\ncorporations, professional service limited liability companies, foreign\\nprofessional service limited liability companies, registered limited\\nliability partnerships, New York registered foreign limited liability\\npartnerships, partnerships and joint enterprises specified in\\nsubdivision four of section seventy-two hundred nine of this article,\\nprovided each of the foregoing entities is authorized to provide\\nprofessional engineering or land surveying services and general business\\ncorporations authorized to provide professional engineering or land\\nsurveying services pursuant to subdivision six of section seventy-two\\nhundred nine of this article may offer to provide or provide\\nprofessional engineering or land surveying services only after obtaining\\na certificate of authorization from the department. Except as otherwise\\nauthorized by statute, rule or regulation, other business entities are\\nnot authorized to offer or provide professional engineering or land\\nsurveying services and may not obtain certificates of authorization\\nprovided that nothing contained herein shall prohibit an individual who\\nis licensed to practice professional engineering or land surveying under\\nthis article from obtaining a certificate of authorization upon\\napplication and payment of the appropriate fees provided for under this\\nsection.\\n 2. Upon application a certificate of authorization shall be issued by\\nthe department to all individuals, corporations, limited liability\\ncompanies, limited liability partnerships, partnerships and joint\\nenterprises specified in subdivision one of this section and which are\\nauthorized to provide professional engineering or land surveying\\nservices and pay the appropriate fee.\\n 3. A \"certificate of authorization\" shall authorize such individual,\\ncorporation, limited liability company, limited liability partnership,\\npartnership or joint enterprise to provide professional engineering or\\nland surveying services for three years from the date of issuance\\nsubject to, as otherwise prescribed by law, the supervision of the\\nregents of the university of the state of New York including the power\\nto discipline and impose penalties in the same manner and to the same\\nextent as is provided with respect to individuals and their licenses and\\nregistration pursuant to this title.\\n 4. An application, triennial renewal, delinquent or replacement\\ncertificate fee must accompany the \"certificate of authorization\"\\nrequest in the amount shown below. A business entity that fails to renew\\nits certificate of authorization before the expiration date shall be\\nrequired to pay the additional delinquent fee for late filing of ten\\ndollars for each full month it has practiced after the expiration of its\\ncertificate of authorization.\\n Application fee and first triennial certificate of authorization -\\n $125.00;\\n Triennial renewal fee - $75.00;\\n Delinquent fee - $10.00 per month of practice without a certificate of\\n authorization;\\n Replacement certificate fee - $10.00.\\n All checks shall be made payable to the state department of education,\\nstate of New York and submitted to the department. If a business\\nenterprise is not eligible to receive a \"certificate of authorization\",\\nthe fee will be retained to cover the costs of processing. Triennial\\nrenewal fees for all \"certificates of authorization\" are due and payable\\non or before the filing date of each triennial registration period.\\n 5. The department shall compile a registry of the holders of all\\ncertificates of authorization. Such registry shall include the name and\\naddress of all registrants, state whether a certificate of authorization\\nhas been issued, denied, suspended, or revoked, and disclose whether the\\ncertificate is current or expired. Access to the registry shall be made\\navailable electronically without cost. A record search of the registry\\nmay be obtained in person or by mail provided that a fee of ten dollars\\nshall be paid for each putative registrant.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7211", "title" : "Mandatory continuing education for professional engineers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-11-13", "2022-01-07" ], "docLevelId" : "7211", "activeDate" : "2014-09-22", "sequenceNo" : 1792, "repealedDate" : null, "fromSection" : "7211", "toSection" : "7211", "text" : " § 7211. Mandatory continuing education for professional engineers. 1.\\n(a) Each licensed professional engineer required under this article to\\nregister triennially with the department to practice in this state shall\\ncomply with provisions of the mandatory continuing education\\nrequirements prescribed in subdivision two of this section except as set\\nforth in paragraphs (b) and (c) of this subdivision. Professional\\nengineers who do not satisfy the mandatory continuing education\\nrequirements shall not practice until they have met such requirements,\\nand have been issued a registration certificate, except that a\\nprofessional engineer may practice without having met such requirements\\nif he or she is issued a conditional registration certificate pursuant\\nto subdivision three of this section.\\n (b) Professional engineers shall be exempt from the mandatory\\ncontinuing education requirement for the triennial registration period\\nduring which they are first licensed. In accordance with the intent of\\nthis section, adjustment to the mandatory continuing education\\nrequirement may be granted by the department for reasons of health\\ncertified by an appropriate health care professional, for extended\\nactive duty with the armed forces of the United States, or for other\\ngood cause acceptable to the department which may prevent compliance.\\n (c) A licensed professional engineer not engaged in practice as\\ndetermined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to the\\npractice of professional engineering during the triennial registration\\nperiod shall notify the department prior to reentering the profession\\nand shall meet such mandatory education requirements as shall be\\nprescribed by regulations of the commissioner.\\n (d) Professional engineers directly employed on a full time basis by\\nthe state of New York, its agencies, public authorities, public benefit\\ncorporations or local governmental units prior to January first, two\\nthousand four and who are represented by a collective bargaining unit or\\nwho are designated managerial or confidential pursuant to article\\nfourteen of the civil service law, at all times when so employed shall\\nbe deemed to have satisfied the continuing education requirements of\\nthis section, provided however that any such licensees who thereafter\\nleave such employment and enter the practice of professional engineering\\nin other capacities in New York, or otherwise engage in such practice,\\nshall satisfy the requirements of this section in such manner as shall\\nbe prescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of thirty-six hours of acceptable\\ncontinuing education, as specified in subdivision four of this section,\\nprovided that no more than eighteen hours of such continuing education\\nmay consist of non-course activities. Any professional engineer whose\\nfirst registration date following the effective date of this section\\noccurs less than three years from such effective date, but on or after\\nJanuary first, two thousand five, shall complete continuing education\\nhours on a prorated basis at the rate of one hour per month for the\\nperiod beginning January first, two thousand four up to the first\\nregistration date thereafter. A licensee who has not satisfied the\\nmandatory continuing education requirements shall not be issued a\\ntriennial registration certificate by the department and shall not\\npractice unless and until a conditional registration certificate is\\nissued as provided for in subdivision three of this section. With the\\nexception of continuing education hours taken during the registration\\nperiod immediately preceding the effective date of this section,\\ncontinuing education hours taken during one triennium may not be\\ntransferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices professional engineering without such\\nregistration, may be subject to disciplinary proceedings pursuant to\\nsection sixty-five hundred ten of this title.\\n 4. As used in subdivision two of this section, \"acceptable continuing\\neducation\" shall mean courses of learning and educational activities\\nwhich contribute to professional practice in professional engineering\\nand which meet the standards prescribed by regulations of the\\ncommissioner. The department may, in its discretion and as needed to\\ncontribute to the health and welfare of the public, require the\\ncompletion of continuing education courses in specific subjects.\\n 5. Professional engineers shall maintain adequate documentation of\\ncompletion of acceptable continuing education and educational activities\\nand shall provide such documentation at the request of the department.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section seventy-two hundred six of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7212", "title" : "Mandatory continuing education for land surveyors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-11-13" ], "docLevelId" : "7212", "activeDate" : "2014-09-22", "sequenceNo" : 1793, "repealedDate" : null, "fromSection" : "7212", "toSection" : "7212", "text" : " * § 7212. Mandatory continuing education for land surveyors. 1. (a)\\nEach licensed land surveyor required under this article to register\\ntriennially with the department to practice in the state shall comply\\nwith the provisions of the mandatory continuing education requirements\\nprescribed in subdivision two of this section except as set forth in\\nparagraphs (b) and (c) of this subdivision. Land surveyors who do not\\nsatisfy the mandatory continuing education requirements shall not\\npractice until they have met such requirements, and have been issued a\\nregistration certificate, except that a land surveyor may practice\\nwithout having met such requirements if he or she is issued a\\nconditional registration certificate pursuant to subdivision three of\\nthis section.\\n (b) In accord with the intent of this section, adjustment to the\\nmandatory continuing education requirement may be granted by the\\ndepartment for reasons of health certified by an appropriate health care\\nprofessional, for extended active duty with the armed forces of the\\nUnited States, or for other good cause acceptable to the department\\nwhich may prevent compliance.\\n (c) A licensed land surveyor not engaged in practice as determined by\\nthe department, shall be exempt from the mandatory continuing education\\nrequirement upon the filing of a statement with the department declaring\\nsuch status. Any licensee who returns to the practice of land surveying\\nduring the triennial registration period shall notify the department\\nprior to reentering the profession and shall meet such mandatory\\neducation requirements as shall be prescribed by regulations of the\\ncommissioner.\\n (d) Licensed land surveyors shall be exempt from the mandatory\\ncontinuing education required by this section for the triennial\\nregistration period during which they are first licensed.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of twenty-four hours of acceptable\\ncontinuing education, as specified in subdivision four of this section,\\nprovided, however, that a minimum of sixteen hours of such continuing\\neducation shall consist of courses in land surveying and related\\nsubjects, provided that no more than eight of said twenty-four hours\\nshall consist of self-study courses. Any land surveyor whose first\\nregistration date following the effective date of this section occurs\\nless than three years from such effective date, but on or after January\\nfirst, two thousand five, shall complete continuing education hours on a\\nprorated basis at the rate of one hour per month for the period\\nbeginning January first, two thousand four up to the first registration\\ndate thereafter. A licensee who has not satisfied the mandatory\\ncontinuing education requirements shall not be issued a triennial\\nregistration certificate by the department and shall not practice unless\\nand until a conditional registration certificate is issued as provided\\nfor in subdivision three of this section. With the exception of\\ncontinuing education hours taken during the registration period\\nimmediately preceding the effective date of this section, continuing\\neducation hours taken during one triennium may not be transferred to a\\nsubsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices land surveying without such registration,\\nshall be subject to disciplinary proceedings pursuant to section\\nsixty-five hundred ten of this title.\\n 4. As used in subdivision two of this section, \"acceptable continuing\\neducation\" shall mean courses of learning and other activities which\\ncontribute to the profession or practice of land surveying and which\\nmeet the regulations of the commissioner. The department may, in its\\ndiscretion and as needed to contribute to the health and welfare of the\\npublic, require the completion of continuing education courses in\\nspecific subjects. Such courses of learning must be taken from a sponsor\\napproved by the department, pursuant to regulations of the commissioner.\\n 5. Land surveyors shall maintain adequate documentation of completion\\nof acceptable continuing education and shall provide such documentation\\nat the request of the department.\\n 6. The mandatory continuing education fee shall be forty-five dollars\\nand shall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by paragraph eight of subdivision one of\\nsection seventy-two hundred six of this article.\\n * NB Repealed June 30, 2024.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 14 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A147", "title" : "Architecture", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "147", "activeDate" : "2014-09-22", "sequenceNo" : 1794, "repealedDate" : null, "fromSection" : "7300", "toSection" : "7308", "text" : " ARTICLE 147\\n ARCHITECTURE\\nSection 7300. Introduction.\\n 7301. (Enacted without section heading).\\n 7302. Practice of architecture and use of title \"architect\".\\n 7303. State board for architecture.\\n 7304. Requirements for a professional license.\\n 7305. Limited permits.\\n 7306. Exempt persons.\\n 7307. Special provisions.\\n 7308. Mandatory continuing education for architects.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7300", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7300", "activeDate" : "2014-09-22", "sequenceNo" : 1795, "repealedDate" : null, "fromSection" : "7300", "toSection" : "7300", "text" : " § 7300. Introduction. This article applies to the profession of\\narchitecture. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7301", "title" : "The practice of the profession of architecture is defined as rendering or offering to render services which require the application of th...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7301", "activeDate" : "2014-09-22", "sequenceNo" : 1796, "repealedDate" : null, "fromSection" : "7301", "toSection" : "7301", "text" : " § 7301. The practice of the profession of architecture is defined as\\nrendering or offering to render services which require the application\\nof the art, science, and aesthetics of design and construction of\\nbuildings, groups of buildings, including their components and\\nappurtenances and the spaces around them wherein the safeguarding of\\nlife, health, property, and public welfare is concerned. Such services\\ninclude, but are not limited to consultation, evaluation, planning, the\\nprovision of preliminary studies, designs, construction documents,\\nconstruction management, and the administration of construction\\ncontracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7302", "title" : "Practice of architecture and use of title \"architect\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7302", "activeDate" : "2014-09-22", "sequenceNo" : 1797, "repealedDate" : null, "fromSection" : "7302", "toSection" : "7302", "text" : " § 7302. Practice of architecture and use of title \"architect\". Only a\\nperson licensed or otherwise authorized to practice under this article\\nshall practice architecture or use the title \"architect\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7303", "title" : "State board for architecture", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7303", "activeDate" : "2014-09-22", "sequenceNo" : 1798, "repealedDate" : null, "fromSection" : "7303", "toSection" : "7303", "text" : " § 7303. State board for architecture. A state board for architecture\\nshall be appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents and the\\ndepartment on matters of professional licensing and professional conduct\\nin accordance with section sixty-five hundred eight of this title. The\\nboard shall be composed of not less than seven architects licensed in\\nthis state. An executive secretary to the board shall be appointed by\\nthe board of regents on recommendation of the commissioner and shall be\\nan architect licensed in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7304", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7304", "activeDate" : "2014-09-22", "sequenceNo" : 1799, "repealedDate" : null, "fromSection" : "7304", "toSection" : "7304", "text" : " § 7304. Requirements for a professional license. 1. To qualify for a\\nlicense as an architect, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a bachelor's or\\nhigher degree in architecture, in accordance with the commissioner's\\nregulations;\\n (3) Experience: have experience satisfactory to the board in\\nappropriate architectural work and of sufficient amount so that the\\ncombined college study and experience total eight years;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship: meet no requirement as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of three hundred forty-five dollars to the\\ndepartment for admission to a department conducted examination and for\\nan initial license, a fee of one hundred seventy dollars for each\\nreexamination, a fee of one hundred thirty-five dollars for an initial\\nlicense for persons not requiring admission to a department conducted\\nexamination, and a fee of two hundred ten dollars for each triennial\\nregistration period. The fee for a department conducted examination may\\nbe prorated for candidates taking parts of the examination.\\n 2. In lieu of degree and experience requirements specified in\\nsubparagraphs (2) and (3) of subdivision one of this section, twelve\\nyears of practical experience in architectural work of a grade and\\ncharacter satisfactory to the board may be accepted by the department,\\nprovided that each complete year of college study satisfactory to the\\ndepartment may at the discretion of the board be accepted in lieu of two\\nyears of experience but not to exceed nine years toward the required\\ntotal of twelve years.\\n 3. In lieu of degree, experience and examination requirements\\nspecified in subparagraphs (2), (3) and (4) of subdivision one of this\\nsection, ten years of lawful practice of architecture outside the state\\nsatisfactory to the board may be accepted by the department upon the\\npassing of a practical examination satisfactory to the board.\\n 4. In lieu of degree, experience and examination requirements\\nspecified in subparagraphs (2), (3) and (4) of subdivision one of this\\nsection, a certificate of qualification issued by the national council\\nof architectural registration boards on the basis of the fulfillment of\\nrequirments satisfactory to the board may be accepted by the department,\\nprovided further that the board shall be authorized to prepare and\\nconduct examinations leading to certification of applicants by the\\nnational council of architectural registration boards.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7305", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7305", "activeDate" : "2014-09-22", "sequenceNo" : 1800, "repealedDate" : null, "fromSection" : "7305", "toSection" : "7305", "text" : " § 7305. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit to practice architecture to an\\narchitect not a resident of this state and having no established\\nbusiness in this state who is legally qualified to practice as such in\\nhis own country or state and who submits evidence satisfactory to the\\nboard of established and recognized professional standing in his own\\ncountry or state and who submits satisfactory certifications as to\\ncharacter and qualifications. Such limited permit shall entitle the\\nholder to practice architecture in this state but only in connection\\nwith the specific project for which it is granted.\\n 2. Fees. The fee for each limited permit shall be one hundred five\\ndollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7306", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7306", "activeDate" : "2014-09-22", "sequenceNo" : 1801, "repealedDate" : null, "fromSection" : "7306", "toSection" : "7306", "text" : " § 7306. Exempt persons. 1. This article shall not be construed to\\naffect or prevent:\\n a. The preparation of details and shop drawings by persons, other than\\narchitects, for use in connection with the execution of their work;\\n b. Employees of those lawfully practicing as architects under the\\nprovisions of this article from acting under the instruction, control or\\nsupervision of their employers;\\n c. Builders, or superintendents employed by such builders, from\\nsupervising the construction or structural alteration of buildings or\\nstructures; or\\n d. A holder of a valid certificate of the national council of\\narchitectural registration boards, not licensed in this state, from\\ncoming into the state for interview, but not to perform any\\narchitectural services or enter into any contract until such time as he\\nis licensed as an architect in this state.\\n e. The practice of engineering or land surveying by an engineer or\\nland surveyor licensed in this state, or the practice of landscape\\narchitecture by a landscape architect licensed in this state, provided\\nthat no such engineer, land surveyor or landscape architect shall use\\nthe designation \"architect,\" or \"architectural\" or \"architecture\" unless\\nlicensed as an architect in this state.\\n f. Employment of any person as a junior or assistant architect by the\\nCity of New York in a position the title of which was approved and in\\nuse as of July first, nineteen hundred seventy-one, provided such person\\nacts under the general direction of a licensed architect.\\n g. Contractors or builders from engaging in construction management\\nand administration of construction contracts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7307", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7307", "activeDate" : "2014-09-22", "sequenceNo" : 1802, "repealedDate" : null, "fromSection" : "7307", "toSection" : "7307", "text" : " § 7307. Special provisions. 1. Every architect shall have a seal,\\napproved by the board, which shall contain the name of the architect and\\neither the words \"Registered Architect\" and such other words or figures\\nas the board may deem necessary. All working drawings and\\nspecifications, prepared by such architect or by a full-time or\\npart-time subordinate employed under his supervision, shall be stamped\\nwith such seal and shall also be signed on the original with the\\npersonal signature of such architect when filed with public officials.\\nExcept for plans and specifications excluded from the provisions of this\\narticle by section seventy-three hundred six of this article, no\\nofficial of this state, or of any county, city, town or village therein,\\ncharged with the enforcement of laws, ordinances or regulations relating\\nto the construction or alteration of buildings or structures, shall\\naccept or approve any plans or specifications that are not stamped:\\n a. With the seal of an architect or professional engineer registered\\nin this state and bearing the authorized facsimile of the signature of\\nsuch architect or professional engineer; or\\n b. With the official seal and authorized facsimile of the signature of\\nan architect or professional engineer not a resident of this state and\\nhaving no established business in this state, but who is legally\\nqualified to practice as such in his own state or country, provided that\\nsuch person holds a limited permit issued by the department, and\\nprovided further that the plans or specifications are accompanied by and\\nhave attached thereto written authorization issued by the department for\\nthe specific project.\\n 2. Engineers, land surveyors, architects and landscape architects may\\njoin in the formation of a joint enterprise, or a partnership or a\\nprofessional service corporation or a design professional service\\ncorporation or may form any desired combination of such professions and\\nmay use in the name of such corporation the title of any of the\\nprofessions which will be practiced. After the name of each member his\\nor her profession shall be indicated.\\n 3. A firm name may be continued by employees having at least fifteen\\nyears of continuous service if the retired members and legal\\nrepresentatives of deceased members consent to such continuance.\\n 4. It shall be lawful for a corporation organized and existing under\\nthe laws of the state of New York, and which on or before the twelfth\\nday of April nineteen hundred twenty-nine and continuously thereafter\\nwas lawfully practicing in New York state to continue such practice,\\nprovided that the chief executive officer of such corporation in the\\nstate of New York shall be an architect licensed under this article, and\\nprovided further that the construction of buildings and structures shall\\nbe under the personal supervision of such architect and that drawings,\\nplans, and specifications shall be prepared under the personal direction\\nand supervision of such architect and bear the stamp of his official\\nseal, and the drawings or specifications shall also be signed on the\\noriginal, with the personal signature of such architect. No such\\ncorporation shall be permitted to change its name and continue to\\npractice architecture, except upon the written approval of the\\ndepartment.\\n 5. This article shall not apply to: 1. Farm buildings, including\\nbarns, sheds, poultry houses and other buildings used directly and\\nsolely for agricultural purposes; nor to residence buildings of gross\\narea of fifteen hundred square feet or less, not including garages,\\ncarports, porches, cellars, or uninhabitable basements or attics; or\\n 2. Alterations, costing ten thousand dollars or less, to any building\\nor structure within the city of New York and twenty thousand dollars or\\nless, to any building or structure outside the city of New York which do\\nnot involve changes affecting the structural safety or public safety\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7308", "title" : "Mandatory continuing education for architects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-11-12", "2023-05-05" ], "docLevelId" : "7308", "activeDate" : "2014-09-22", "sequenceNo" : 1803, "repealedDate" : null, "fromSection" : "7308", "toSection" : "7308", "text" : " § 7308. Mandatory continuing education for architects. 1. (a) Each\\nlicensed architect required under this article to register triennially\\nwith the department to practice in the state shall comply with\\nprovisions of the mandatory continuing education requirements prescribed\\nin subdivision two of this section except as set forth in paragraphs (b)\\nand (c) of this subdivision. Architects who do not satisfy the mandatory\\ncontinuing education requirements shall not practice until they have met\\nsuch requirements, and have been issued a registration certificate,\\nexcept that an architect may practice without having met such\\nrequirements if he or she is issued a conditional registration\\ncertificate pursuant to subdivision three of this section.\\n (b) Architects shall be exempt from the mandatory continuing education\\nrequirement for the triennial registration period during which they are\\nfirst licensed. In accord with the intent of this section, adjustment to\\nthe mandatory continuing education requirement may be granted by the\\ndepartment for reasons of health certified by an appropriate health care\\nprofessional, for extended active duty with the armed forces of the\\nUnited States, or for other good cause acceptable to the department\\nwhich may prevent compliance.\\n (c) A licensed architect not engaged in practice as determined by the\\ndepartment, shall be exempt from the mandatory continuing education\\nrequirement upon the filing of a statement with the department declaring\\nsuch status. Any licensee who returns to the practice of architecture\\nduring the triennial registration period shall notify the department\\nprior to reentering the profession and shall meet such mandatory\\neducation requirements as shall be prescribed by regulations of the\\ncommissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of thirty-six hours of acceptable\\ncontinuing education, as specified in subdivision four of this section,\\nprovided that a minimum of twenty-four hours of such continuing\\neducation shall be in the areas of health, safety and welfare. Up to\\none-half of the total hours of continuing education may consist of\\nnon-course activities. Any architect whose first registration date\\nfollowing the effective date of this section occurs less than three\\nyears from such effective date, but on or after January first, two\\nthousand one, shall complete continuing education hours on a prorated\\nbasis at the rate of one hour per month for the period beginning January\\nfirst, two thousand up to the first registration date thereafter. A\\nlicensee who has not satisfied the mandatory continuing education\\nrequirements shall not be issued a triennial registration certificate by\\nthe department and shall not practice unless and until a conditional\\nregistration certificate is issued as provided for in subdivision three\\nof this section. With the exception of continuing education hours taken\\nduring the registration period immediately preceding the effective date\\nof this section, continuing education hours taken during one triennium\\nmay not be transferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices architecture without such registration, may\\nbe subject to disciplinary proceedings pursuant to section sixty-five\\nhundred ten of this title.\\n 4. As used in subdivision two of this section, \"acceptable continuing\\neducation\" shall mean courses of learning and educational activities\\nwhich contribute to professional practice in architecture and which meet\\nthe standards prescribed by regulations of the commissioner. The\\ndepartment may, in its discretion and as needed to contribute to the\\nhealth and welfare of the public, require the completion of continuing\\neducation courses in specific subjects.\\n 5. Architects shall maintain adequate documentation of completion of\\nacceptable continuing education and educational activities and shall\\nprovide such documentation at the request of the department.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section seventy-three hundred four of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A148", "title" : "Landscape Architecture", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "148", "activeDate" : "2014-09-22", "sequenceNo" : 1804, "repealedDate" : null, "fromSection" : "7320", "toSection" : "7328", "text" : " ARTICLE 148\\n LANDSCAPE ARCHITECTURE\\nSection 7320. Introduction.\\n 7321. Definition of practice of landscape architecture.\\n 7322. Practice of landscape architecture and use of title\\n \"landscape architect\".\\n 7323. State board for landscape architecture.\\n 7324. Requirements for a professional license.\\n 7325. Limited permits.\\n 7326. Exempt persons.\\n 7327. Special provisions.\\n 7328. Mandatory continuing education for landscape architects.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7320", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7320", "activeDate" : "2014-09-22", "sequenceNo" : 1805, "repealedDate" : null, "fromSection" : "7320", "toSection" : "7320", "text" : " § 7320. Introduction. This article applies to the profession of\\nlandscape architecture. The general provisions for all professions\\ncontained in article one hundred thirty of this title apply to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7321", "title" : "Definition of practice of landscape architecture", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7321", "activeDate" : "2014-09-22", "sequenceNo" : 1806, "repealedDate" : null, "fromSection" : "7321", "toSection" : "7321", "text" : " § 7321. Definition of practice of landscape architecture. The\\npractice of the profession of landscape architecture is defined as\\nperforming services in connection with the development of land areas\\nwhere, and to the extent that the dominant purpose of such services is\\nthe preservation, enhancement or determination of proper land uses,\\nnatural land features, ground cover and planting, naturalistic and\\naesthetic values, the settings, approaches or environment for structures\\nor other improvements, natural drainage and the consideration and\\ndetermination of inherent problems of the land relating to the erosion,\\nwear and tear, blight or other hazards. This practice shall include the\\nlocation and arrangement of such tangible objects and features as are\\nincidental and necessary to the purposes outlined herein but shall not\\ninclude the design of structures or facilities with separate and\\nself-contained purposes such as are ordinarily included in the practice\\nof engineering or architecture; and shall not include the making of land\\nsurveys or final land plats for official approval or recording.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7322", "title" : "Practice of landscape architecture and use of title \"landscape architect\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7322", "activeDate" : "2014-09-22", "sequenceNo" : 1807, "repealedDate" : null, "fromSection" : "7322", "toSection" : "7322", "text" : " § 7322. Practice of landscape architecture and use of title \"landscape\\narchitect\". Only a person licensed or otherwise authorized to practice\\nunder this article shall practice landscape architecture or use the\\ntitle \"landscape architect\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7323", "title" : "State board for landscape architecture", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7323", "activeDate" : "2014-09-22", "sequenceNo" : 1808, "repealedDate" : null, "fromSection" : "7323", "toSection" : "7323", "text" : " § 7323. State board for landscape architecture. A state board for\\nlandscape architecture shall be appointed by the board of regents on\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of professional licensing\\nand professional conduct in accordance with section sixty-five hundred\\neight of this title. The board shall be composed of not less than seven\\nlandscape architects licensed in this state. An executive secretary to\\nthe board shall be appointed by the board of regents on recommendation\\nof the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7324", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "7324", "activeDate" : "2014-09-22", "sequenceNo" : 1809, "repealedDate" : null, "fromSection" : "7324", "toSection" : "7324", "text" : " § 7324. Requirements for a professional license. 1. To qualify for a\\nlicense as a landscape architect, an applicant shall fulfill the\\nfollowing requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a bachelor's or\\nhigher degree in landscape architecture, in accordance with the\\ncommissioner's regulations;\\n (3) Experience: have experience satisfactory to the board in\\nappropriate landscape architectural work and of sufficient amount so\\nthat the combined college study and experience total eight years;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred fifteen dollars for an initial license for persons\\nnot requiring admission to a department conducted examination, and a fee\\nof one hundred fifty-five dollars for each triennial registration\\nperiod.\\n 2. In lieu of degree and experience requirements specified in\\nsubparagraphs (2) and (3) of subdivision one of this section, twelve\\nyears of practical experience in landscape architecture of a grade and\\ncharacter satisfactory to the board may be accepted by the department\\nprovided that each complete year of study satisfactory to the department\\nmay at the discretion of the board be accepted in lieu of two years of\\nexperience but not to exceed eight years toward the required total of\\ntwelve years. Eight years of such experience satisfactory to the board\\nmay be accepted by the department for admission to that portion of the\\nexamination related to fundamental landscape architecture theory.\\n 3. In lieu of degree, experience and examination requirements\\nspecified in subparagraphs (2), (3) and (4) of subdivision one of this\\nsection, ten years of lawful practice of landscape architecture outside\\nthe state satisfactory to the board may be accepted by the department\\nupon the passing of a practical examination satisfactory to the board.\\n 4. On recommendation of the board, the department may exempt from\\nexamination an applicant who holds a license or certificate to practice\\nlandscape architecture issued to him upon examination by a legally\\nconstituted board of examiners in any other state or political\\nsubdivision of the United States, provided the applicant's\\nqualifications met the requirements in this state at the time such\\nlicense was issued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7325", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7325", "activeDate" : "2014-09-22", "sequenceNo" : 1810, "repealedDate" : null, "fromSection" : "7325", "toSection" : "7325", "text" : " § 7325. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit to practice landscape architecture\\nto a landscape architect not a resident of this state and having no\\nestablished business in this state who is legally qualified to practice\\nas such in his own country or state and who submits evidence\\nsatisfactory to the board of established and recognized professional\\nstanding in his own country or state and satisfactory certifications as\\nto character and qualifications. Such limited permit shall be issued\\nsolely in connection with the specific project for which it is granted.\\n 2. Fees. The fee for each limited permit shall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7326", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7326", "activeDate" : "2014-09-22", "sequenceNo" : 1811, "repealedDate" : null, "fromSection" : "7326", "toSection" : "7326", "text" : " § 7326. Exempt persons. This article shall not be construed to affect\\nor prevent:\\n a. The preparation of details and shop drawings by persons, other than\\nlandscape architects, for use in connection with the execution of their\\nwork;\\n b. Employees of those lawfully practicing as landscape architects\\nunder the provisions of this article from acting under the instruction,\\ncontrol or supervision of their employers;\\n c. Supervision by builders, or superintendents employed by such\\nbuilders, of the installation of landscape projects; or\\n d. Business conducted in this state by any agriculturist,\\nhorticulturist, tree expert, arborist, forester, nurseryman or landscape\\nnurseryman, gardener, landscape gardener, landscape contractor, garden\\nor lawn caretaker or grader or cultivator of land, as these terms are\\ngenerally used, except that no such person shall use the designation\\nlandscape architect, landscape architectural or landscape architecture\\nunless licensed under this article.\\n e. Employment of any person as a junior or assistant landscape\\narchitect by the City of New York in a position the title of which was\\napproved and in use as of July first, nineteen hundred seventy-one,\\nprovided such person acts under the general supervision of a licensed\\nlandscape architect.\\n f. The practice of architecture by an architect licensed in this\\nstate, or the practice of engineering or land surveying by an engineer\\nor land surveyor licensed in this state, provided that no such\\narchitect, engineer or land surveyor shall use the designation\\n\"landscape architect,\" \"landscape architectural\" or \"landscape\\narchitecture\" unless licensed as a landscape architect in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7327", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2016-11-25", "2017-08-18" ], "docLevelId" : "7327", "activeDate" : "2014-09-22", "sequenceNo" : 1812, "repealedDate" : null, "fromSection" : "7327", "toSection" : "7327", "text" : " § 7327. Special provisions. 1. Every landscape architect shall have a\\nseal, approved by the board, which shall contain the name of the\\nlandscape architect and either the words \"Registered Landscape\\nArchitect\" and such other words or figures as the board may deem\\nnecessary. All working drawings and specifications prepared by such\\nlandscape architect relating to the setting, approaches or environment\\nfor structures or other improvements or under the supervision of such\\nlandscape architect, shall be stamped with such seal and signed on the\\noriginal, with the personal signature of such landscape architect when\\nfiled with public officials, or with the official seal and personal\\nsignature of a landscape architect granted a limited permit under\\nsection seventy-three hundred twenty-five of this article when such\\ndrawings and specifications are accompanied by a written authorization\\nfrom the department for the specific project concerned.\\n 2. Engineers, land surveyors, architects and landscape architects may\\njoin in the formation of a joint enterprise, or a partnership or a\\nprofessional service corporation or a design professional service\\ncorporation or may form any desired combination of such professions and\\nmay use in the name of such corporation the title of any of the\\nprofessions which will be practiced. After the name of each member his\\nor her profession shall be indicated.\\n 3. A firm name may be continued by employees having at least fifteen\\nyears of continuous service if the retired members and legal\\nrepresentatives of deceased members consent to such continuance.\\n 4. It shall be lawful for a corporation organized and existing under\\nthe laws of the state of New York, and which on or before the first day\\nof April nineteen hundred sixty-one was legally incorporated to practice\\nlandscape architecture, while conforming to the provisions of this\\ntitle, and which has been continuously engaged in such practice since\\nsuch time to continue such practice provided that the chief executive\\nofficer of such corporation in the state of New York shall be a\\nlandscape architect licensed under this article, and provided further\\nthat the supervision of such projects shall be under the personal\\nsupervision of such landscape architect and that such plans and designs\\nshall be prepared under the personal direction and supervision of such\\nlandscape architect and bear the stamp of his official seal, and such\\ndrawings or specifications shall also be signed on the original, with\\nthe personal signature of such landscape architect. No such corporation\\nshall be permitted to change its name and continue to practice landscape\\narchitecture, except upon the written approval of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7328", "title" : "Mandatory continuing education for landscape architects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "7328", "activeDate" : "2014-09-22", "sequenceNo" : 1813, "repealedDate" : null, "fromSection" : "7328", "toSection" : "7328", "text" : " § 7328. Mandatory continuing education for landscape architects. 1.\\n(a) Each licensed landscape architect required under this article to\\nregister triennially with the department to practice in the state shall\\ncomply with provisions of the mandatory continuing education\\nrequirements prescribed in subdivision two of this section except as set\\nforth in paragraphs (b) and (c) of this subdivision. Landscape\\narchitects who do not satisfy the mandatory continuing education\\nrequirements shall not practice until they have met such requirements,\\nand have been issued a registration certificate, except that a landscape\\narchitect may practice without having met such requirements if he or she\\nis issued a conditional registration certificate pursuant to subdivision\\nthree of this section.\\n (b) Landscape architects shall be exempt from the mandatory continuing\\neducation requirement for the triennial registration period during which\\nthey are first licensed, in accordance with the intent of this section,\\nadjustment to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed landscape architect not engaged in practice as\\ndetermined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to the\\npractice of landscape architecture during the triennial registration\\nperiod shall notify the department prior to reentering the profession\\nand shall meet such mandatory education requirements as shall be\\nprescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration shall complete a minimum of thirty-six hours of acceptable\\ncontinuing education, as specified in subdivision four of this section,\\nprovided that a minimum of twenty-four hours of such continuing\\neducation shall be in the areas of health, safety and welfare. Up to\\none-half of the total hours of continuing education may consist of\\nnon-course activities. Any landscape architect whose first registration\\ndate following the effective date of this section occurs less than three\\nyears from such effective date, but on or after January first, two\\nthousand seven, shall complete continuing education hours on a prorated\\nbasis at the rate of one hour per month for the period beginning January\\nfirst, two thousand seven up to the first registration date thereafter.\\nA licensee who has not satisfied the mandatory continuing education\\nrequirements shall not be issued a triennial registration certificate by\\nthe department and shall not practice unless and until a conditional\\nregistration certificate is issued as provided for in subdivision three\\nof this section. With the exception of continuing education hours taken\\nduring the registration period immediately preceding the effective date\\nof this section, continuing education hours taken during one triennium\\nmay not be transferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices landscape architecture without such\\nregistration, may be subject to disciplinary proceedings pursuant to\\nsection sixty-five hundred ten of this title.\\n 4. As used in subdivision two of this section, \"acceptable continuing\\neducation\" shall mean courses of learning and educational activities\\nwhich contribute to professional practice in landscape architecture and\\nwhich meet the standards prescribed by regulations of the commissioner.\\nThe department may, in its discretion and as needed to contribute to the\\nhealth and welfare of the public, require the completion of continuing\\neducation courses in specific subjects.\\n 5. Landscape architects shall maintain adequate documentation of\\ncompletion of acceptable continuing education and educational activities\\nand shall provide such documentation at the request of the department.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section seventy-three hundred twenty-four\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A149", "title" : "Public Accountancy", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-10-27" ], "docLevelId" : "149", "activeDate" : "2014-09-22", "sequenceNo" : 1814, "repealedDate" : null, "fromSection" : "7400", "toSection" : "7410", "text" : " ARTICLE 149\\n PUBLIC ACCOUNTANCY\\nSection 7400. Introduction.\\n 7401. Definition of practice of public accountancy.\\n 7401-a. Definitions.\\n 7402. Practice of public accountancy and use of title\\n \"certified public accountant\" or \"public accountant\".\\n 7403. State board for public accountancy.\\n 7404. Requirements for a license as a certified public\\n accountant.\\n 7405. Requirements for a license as a public accountant.\\n 7406. Limited permits and practice privilege.\\n 7407. Exempt persons.\\n 7408. Special provisions.\\n 7409. Mandatory continuing education.\\n 7410. Mandatory quality review.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7400", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7400", "activeDate" : "2014-09-22", "sequenceNo" : 1815, "repealedDate" : null, "fromSection" : "7400", "toSection" : "7400", "text" : " § 7400. Introduction. This article applies to the profession of\\npublic accountancy. The general provisions for all professions contained\\nin article one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7401", "title" : "Definition of practice of public accountancy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7401", "activeDate" : "2014-09-22", "sequenceNo" : 1816, "repealedDate" : null, "fromSection" : "7401", "toSection" : "7401", "text" : " § 7401. Definition of practice of public accountancy. The practice of\\nthe profession of public accountancy is defined as:\\n 1. offering to perform or performing attest and/or compilation\\nservices, as defined in section seventy-four hundred one-a of this\\narticle;\\n 2. incident to the services described in subdivision one of this\\nsection, offering to perform or performing professional services for\\nclients, in any or all matters relating to accounting concepts and to\\nthe recording, presentation, or certification of financial information\\nor data; or\\n 3. offering to perform or performing, for other persons one or more\\ntypes of the following services including but not limited to accounting,\\nmanagement advisory, financial advisory, and tax exclusive of services\\nwithin subdivisions one and two of this section, involving the use of\\nprofessional skills or competencies of the licensed accountant as\\ndescribed in the rules of the board of regents, including professional\\nservices rendered to one's employer not required to register under\\nsection seventy-four hundred eight of this article, in any and all\\nmatters related to accounting concepts and to the recording of financial\\ndata or information or the preparation or presentation of financial\\nstatements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7401-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7401-A", "activeDate" : "2014-09-22", "sequenceNo" : 1817, "repealedDate" : null, "fromSection" : "7401-A", "toSection" : "7401-A", "text" : " § 7401-a. Definitions. As used in this article:\\n 1. \"Attest\" means providing the following public accountancy services\\nwhich all require the independence of licensees:\\n a. any audit to be performed in accordance with generally accepted\\nauditing standards or other similar standards, developed by a federal\\ngovernmental agency, commission or board or a recognized international\\nor national professional accountancy organization, that are acceptable\\nto the department in accordance with the commissioner's regulations;\\n b. any review of a financial statement to be performed in accordance\\nwith standards, developed by a federal governmental agency, commission\\nor board or a recognized international or national professional\\naccountancy organization, that are acceptable to the department in\\naccordance with the commissioner's regulations;\\n c. any examination to be performed in accordance with attestation\\nstandards developed by a federal governmental agency, commission or\\nboard or a recognized international or national professional accountancy\\norganization, that are acceptable to the department in accordance with\\nthe commissioner's regulations; or\\n d. any engagement to be performed in accordance with the auditing\\nstandards of the public company accounting oversight board.\\n 2. \"Certified public accountant\" or \"CPA\" means any person who has\\nreceived a license from the department or any other state as a certified\\npublic accountant for the practice of public accountancy.\\n 3. \"Compilation\" means providing a service that presents, in the form\\nof financial statements, information that is the representation of the\\nmanagement or owners of the client without undertaking to express any\\nassurance of the accuracy of the information in the statements, to be\\nperformed in accordance with standards, developed by a federal\\ngovernmental agency, commission or board or a recognized international\\nor national professional accountancy organization, that are acceptable\\nto the department in accordance with the commissioner's regulations.\\n 4. \"Firm\" means a domestic or foreign entity organized as a sole\\nproprietorship, a professional service corporation, a partnership, a\\nprofessional service limited liability company, a foreign professional\\nservice limited liability company, a registered limited liability\\npartnership, a foreign registered limited liability partnership, or any\\nother form of organization that is established for the business purpose\\nof lawfully engaging in the practice of public accountancy.\\n 5. \"Principal place of business\" means the office location designated\\nby the licensee from which the person directs, controls, and coordinates\\nhis or her professional services.\\n 6. \"Public accountant\" or \"PA\" means any person who has received a\\nlicense from the department as a public accountant for the practice of\\npublic accountancy.\\n 7. \"State\" means any state of the United States, the District of\\nColumbia, Puerto Rico, the U.S. Virgin Islands, and Guam.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7402", "title" : "Practice of public accountancy and use of title \"certified public accountant\" or \"public accountant\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7402", "activeDate" : "2014-09-22", "sequenceNo" : 1818, "repealedDate" : null, "fromSection" : "7402", "toSection" : "7402", "text" : " § 7402. Practice of public accountancy and use of title \"certified\\npublic accountant\" or \"public accountant\". Only a person licensed or\\notherwise authorized to practice under this article shall practice\\npublic accountancy or use the title \"certified public accountant\" or the\\ndesignation CPA or \"public accountant\" or the designation PA or any\\nother derivative or designation provided in section seventy-four hundred\\neight of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7403", "title" : "State board for public accountancy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7403", "activeDate" : "2014-09-22", "sequenceNo" : 1819, "repealedDate" : null, "fromSection" : "7403", "toSection" : "7403", "text" : " § 7403. State board for public accountancy. A state board for public\\naccountancy shall be appointed by the board of regents on recommendation\\nof the commissioner for the purpose of assisting the board of regents\\nand the department on matters of professional licensing and professional\\nconduct in accordance with section sixty-five hundred eight of this\\ntitle. The board shall be composed of not less than twenty licensed\\naccountants, not less than fifteen of whom shall be licensed as\\ncertified public accountants in this state, and the board should be kept\\nin such proportion if it is ever increased. An executive secretary to\\nthe board shall be appointed by the board of regents on recommendation\\nof the commissioner and shall be a certified public accountant licensed\\nin this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7404", "title" : "Requirements for a license as a certified public accountant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "7404", "activeDate" : "2014-09-22", "sequenceNo" : 1820, "repealedDate" : null, "fromSection" : "7404", "toSection" : "7404", "text" : " § 7404. Requirements for a license as a certified public accountant.\\n1. To qualify for a license as a certified public accountant, an\\napplicant shall fulfill the following requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a bachelor's or\\nhigher degree or a foreign equivalent based on a program in accountancy,\\nin accordance with the commissioner's regulations;\\n (3) Experience: have experience satisfactory to the board of regents\\nand in accordance with the commissioner's regulations;\\n (4) Examination: pass a written examination satisfactory to the board\\nand in accordance with the commissioner's regulations and the\\nrequirement with respect to such examination may not be waived;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship: meet no requirements as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of two hundred twenty dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of one hundred fifteen dollars for each reexamination, a\\nfee of one hundred thirty-five dollars for an initial license for\\npersons not requiring admission to a department conducted examination,\\nand a fee of two hundred ten dollars for each triennial registration\\nperiod.\\n 2. In lieu of professional requirements specified in paragraphs two\\nand three of subdivision one of this section, fifteen years in the\\npractice of public accountancy satisfactory to the board may be accepted\\nby the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7405", "title" : "Requirements for a license as a public accountant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7405", "activeDate" : "2014-09-22", "sequenceNo" : 1821, "repealedDate" : null, "fromSection" : "7405", "toSection" : "7405", "text" : " § 7405. Requirements for a license as a public accountant. To qualify\\nfor a license as a public accountant, an applicant shall fulfill the\\nfollowing requirements:\\n (1) Application: file an application with the department;\\n (2) Declaration of intention: a. Have filed a declaration of intention\\nto practice as a public accountant with the department on or before\\nOctober first, nineteen hundred fifty-nine, on the basis of evidence\\nthat the applicant was engaged for a total of six years during the ten\\nyears immediately preceding April twenty-third, nineteen hundred\\nfifty-nine, in the practice of public accountancy as an individual\\npractitioner or as a partner of a partnership or as an employee of such\\nan individual practitioner or partnership engaged in the practice of\\npublic accountancy or as an employee of a department, agency or\\ninstrumentality of the United States, the state, or a political\\nsubdivision of the state in which employment his duties entailed the\\nperformance of all or some of the services which would constitute the\\npractice of public accountancy, or a combination of the foregoing\\nduties, or in the opinion of the board the equivalent thereof;\\n b. Establish by evidence satisfactory to the board that at the date of\\nthe filing of said declaration of intention, the applicant had complied\\nwith the conditions established by law on April twenty-third, nineteen\\nhundred fifty-nine, has not violated the provisions relating to practice\\nin public accountancy, and is about to engage in the practice of public\\naccountancy as his principal occupation as an individual practitioner or\\nas a partner of a partnership;\\n (3) Character: be of good moral character as determined by the\\ndepartment; and\\n (4) Fees: pay a fee to the department for an initial license of two\\nhundred twenty dollars, and a fee of two hundred ten dollars for each\\ntriennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7406", "title" : "Limited permits and practice privilege", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-11-28" ], "docLevelId" : "7406", "activeDate" : "2014-09-22", "sequenceNo" : 1822, "repealedDate" : null, "fromSection" : "7406", "toSection" : "7406", "text" : " § 7406. Limited permits and practice privilege. 1. Limited permits. On\\nrecommendation of the board, the department may issue a limited permit\\nto an applicant of good moral character, who is the holder of a\\ncertificate, license or degree in a foreign country constituting a\\nrecognized qualification for the performance in such country of the acts\\nset forth in section seventy-four hundred one of this article, provided\\nthe applicant has professional qualifications that are determined by the\\nboard to be significantly comparable to the licensure requirements for\\ncertified public accountancy pursuant to this article, and the applicant\\nresides or has a place for the regular transaction of business within\\nthe state, and equal recognition is granted by the foreign country\\nconcerned to certified public accountants or public accountants licensed\\nin the United States. Such limited permit shall be valid for a period of\\ntwo years and may be renewed on recommendation of the board. Such permit\\nshall authorize the applicant to use only the title or designation under\\nwhich he or she is generally known in his or her own country, followed\\nby the name of the country from which he or she received his or her\\ncertificate, license or degree, notwithstanding the provisions of\\nsubdivision two of section seventy-four hundred eight of this article.\\nThe fee for each limited permit and each renewal shall be established in\\nregulation by the board of regents.\\n 2. Practice privilege. a. Except as otherwise provided in subparagraph\\ntwo or three of paragraph f of this subdivision, a certified public\\naccountant, licensed by another state which the board of regents has\\ndetermined to have substantially equivalent certified public accountant\\nlicensure requirements, or whose individual licensure qualifications are\\nverified by the department to be substantially equivalent to New York's\\nrequirements, and in good standing, who intends to perform any of the\\nservices in subdivision one, two or three of section seventy-four\\nhundred one of this article may practice public accountancy in this\\nstate, if the certified public accountant:\\n (1) holds a valid license to practice public accountancy in the other\\nstate, and\\n (2) practices public accountancy in another state that is his or her\\nprincipal place of business.\\n b. The practice privilege allows such certified public accountant, who\\nmeets the requirements of paragraph a of this subdivision to practice\\npublic accountancy in this state.\\n c. An individual who has been granted practice privileges under this\\nsection who performs any of the services in subdivision one or two of\\nsection seventy-four hundred one of this article may only do so through\\na firm which has obtained a registration under section seventy-four\\nhundred eight of this article. Such an individual, as well as an\\nindividual with a New York license who does not have a principal place\\nof business in New York, may provide services in subdivision three of\\nsection seventy-four hundred one of this article through a firm of\\ncertified public accountants that does not have a registration in this\\nstate but that holds a valid license, registration, or permit in another\\nstate.\\n d. Any certified public accountant who practices in this state\\npursuant to this section, and any firm that employs such certified\\npublic accountant to provide such services in New York, consents to all\\nof the following as a condition of the exercise of such practice\\nprivilege:\\n (1) to the personal and subject matter jurisdiction and disciplinary\\nauthority of the board of regents as if the practice privilege is a\\nlicense, and an individual with a practice privilege is a licensee;\\n (2) to comply with this article, the rules of the board of regents and\\nthe regulations of the commissioner; and\\n (3) to the appointment of the secretary of state or other public\\nofficial acceptable to the department, in the certified public\\naccountant's state of licensure or the state in which the firm has its\\nprincipal place of business, as the certified public accountant or\\nfirm's agent upon whom process may be served in any action or proceeding\\nby the department against such certified public accountant or firm.\\n e. For purposes of this subdivision, the board of regents may\\ndetermine that nationally-recognized certified public accountant\\nlicensure requirements are substantially equivalent to New York's\\nrequirements, such that an individual licensed in a state determined to\\nhave licensure requirements substantially equivalent to the\\nnationally-recognized CPA licensure requirements, or an individual whose\\nlicensure qualifications are determined to be substantially equivalent\\nto the nationally-recognized CPA licensure requirements, may practice\\nunder the practice privilege pursuant to the requirements contained in\\nthis subdivision.\\n f. (1) A person who wishes to practice public accountancy in this\\nstate but does not meet the requirements of paragraph a of this\\nsubdivision is subject to the full licensing and registration\\nrequirements of this article.\\n (2) In the event the license from the other state of the certified\\npublic accountant's principal place of business is no longer valid or in\\ngood standing, or that the certified public accountant has had any final\\ndisciplinary action taken by the licensing or disciplinary authority of\\nany other state concerning the practice of public accountancy that has\\nresulted in (i) the suspension or revocation of his or her license, or\\n(ii) other disciplinary action against his or her license that arises\\nfrom (a) gross negligence, recklessness or intentional wrongdoing\\nrelating to the practice of public accountancy, (b) fraud or\\nmisappropriation of funds relating to the practice of public\\naccountancy, or (c) preparation, publication, or dissemination of false,\\nfraudulent, or materially incomplete or misleading financial statements,\\nreports or information relating to the practice of public accountancy,\\nthe certified public accountant shall cease offering to perform or\\nperforming such services in this state individually and on behalf of his\\nor her firm, until and unless such certified public accountant receives\\nwritten permission from the department to resume the practice of public\\naccountancy in this state pursuant to subparagraph three of this\\nparagraph.\\n (3) Any certified public accountant who, within the last seven years,\\nimmediately preceding the date on which he or she wishes to practice in\\nNew York, (i) has been the subject of any final disciplinary action\\ntaken against him or her by the licensing or disciplinary authority of\\nany other jurisdiction with respect to any professional license or has\\nany charges of professional misconduct pending against him or her in any\\nother jurisdiction, or (ii) has had his or her license in another\\njurisdiction reinstated after a suspension or revocation of said\\nlicense, or (iii) has been denied issuance or renewal of a professional\\nlicense or certificate in any other jurisdiction for any reason other\\nthan an inadvertent administrative error, or (iv) has been convicted of\\na crime or is subject to pending criminal charges in any jurisdiction,\\nshall so notify the department, on a form prescribed by the department,\\nand shall not practice public accountancy in this state under paragraph\\na of this subdivision until he or she has received from the department\\nwritten permission to do so. In determining whether the certified public\\naccountant shall be allowed to practice in this state, the department\\nshall follow the procedure to determine whether an applicant for\\nlicensure is of good moral character. Anyone failing to provide the\\nnotice required by this paragraph shall be subject to the personal and\\nsubject matter jurisdiction and disciplinary authority of the board of\\nregents as if the practice privilege is a license, and an individual\\nwith a practice privilege is a licensee, and may be deemed to be\\npracticing in violation of section sixty-five hundred twelve of this\\ntitle.\\n g. (1) Notwithstanding subparagraph two of paragraph a of this\\nsubdivision or any other inconsistent law or rule to the contrary, a\\ncertified public accountant licensed by another state and in good\\nstanding who otherwise meets the practice privilege requirements under\\nthis section and files an application for licensure under section\\nseventy-four hundred four of this article may continue to practice under\\nsuch privilege for a period coterminous with the period during which his\\nor her application for licensure remains pending with the department,\\nincluding any period after the certified public accountant establishes a\\nprincipal place of business in New York while his or her application is\\npending.\\n (2) Nothing in this section shall limit the applicability of section\\nseventy-four hundred seven of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7407", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7407", "activeDate" : "2014-09-22", "sequenceNo" : 1823, "repealedDate" : null, "fromSection" : "7407", "toSection" : "7407", "text" : " § 7407. Exempt persons. Nothing contained in this article shall be\\nconstrued to prohibit:\\n a. Any individual other than a certified public accountant or public\\naccountant who is an officer of a corporation or partner of a\\npartnership or sole proprietor of a business enterprise or member of a\\njoint venture or member of a committee appointed by stockholders,\\ncreditors, courts, trustees, executors or administrators, or an employee\\nof any of the foregoing, in his capacity as such, from signing,\\ndelivering, or issuing any financial, accounting or related statement or\\nreport thereon, relating to said corporation, partnership, business\\nventure, joint venture, committee, trust or estate, provided, however,\\nthat in so doing such person does not hold himself or herself out to be\\na certified public accountant or public accountant;\\n b. An attorney-at-law, or a partnership, limited liability\\npartnership, limited liability company or professional service\\ncorporation of attorneys-at-law from signing a financial, accounting or\\nrelated statement or report thereon, prepared by such attorney or\\norganizations of attorneys as incidental to the practice of law;\\n c. Any individual from serving as an employee of a certified public\\naccountant, public accountant or firm licensed under this article;\\n d. Any individual, not engaged in practice as a certified public\\naccountant or public accountant within the state, from performing\\nservices within the state which are incidental to the practice conducted\\nby him outside the state;\\n e. Any official or employee of a governmental unit, agency or\\ninstrumentality other than a certified public accountant or public\\naccountant in the performance of his official duties from signing,\\ndelivering or issuing any financial, accounting, or related statement or\\nreport thereon relating to said unit, agency or instrumentality; or\\n f. A corporation chartered in the state of New York to engage in the\\npractice of public accountancy and so engaged as its principal activity\\non and before the first day of July, nineteen hundred fifty-nine, from\\ncontinuing in such practice as long as its corporate acts comply with\\nthe board of regents rules, provided all employees of such corporation\\nperforming any acts constituting the practice of public accountancy as\\ndefined herein and who are not certified public accountants or public\\naccountants licensed under this article shall in the performance of such\\nacts be under the supervision of certified public accountants or public\\naccountants licensed in this state; or\\n g. An individual other than a certified public accountant or public\\naccountant, or an entity not required to register under paragraph a of\\nsubdivision three of section seventy-four hundred eight of this article,\\nfrom offering to perform or performing the types of services set forth\\nin subdivision three of section seventy-four hundred one of this article\\nor preparing financial statements in accordance with subdivision five of\\nsection seventy-four hundred eight of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7408", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27" ], "docLevelId" : "7408", "activeDate" : "2014-09-22", "sequenceNo" : 1824, "repealedDate" : null, "fromSection" : "7408", "toSection" : "7408", "text" : " § 7408. Special provisions. 1. Nothing contained in this article shall\\nbe deemed to prohibit one or more certified public accountants or one or\\nmore public accountants, or any combination thereof, from forming a\\nfirm.\\n 2. No firm shall use the words \"certified public accountant\" or\\n\"certified public accountants\" or the letters \"CPA\" or \"CPAs\" in\\nconnection with its name unless the sole proprietor of such firm or each\\npartner of a partnership or limited liability partnership, member of a\\nlimited liability company or shareholder of a professional service\\ncorporation engaged within the United States in the practice of public\\naccountancy is in good standing as a certified public accountant of one\\nor more of the states of the United States.\\n 3. a. Any firm that is established for the business purpose of\\nlawfully engaging in the practice of public accountancy pursuant to\\nsubdivisions one and two of section seventy-four hundred one of this\\narticle or uses the title \"CPA\" or \"CPA firm\" or the title \"PA\" or \"PA\\nfirm\" must register with the department. A firm of certified public\\naccountants or public accountants engaged in the practice of public\\naccountancy pursuant to subdivision three of section seventy-four\\nhundred one of this article, but not engaged in the practice of public\\naccountancy pursuant to subdivisions one and two of section seventy-four\\nhundred one of this article, may register with the department under this\\nsubdivision. As a condition of registration or renewal, the firm shall\\naffirm that it has not violated the provisions of this article, any\\nother applicable laws and such other requirements as the department may\\nimpose, consistent with this article, except that the provisions of\\nsection seventy-four hundred ten of this article shall not apply on\\ninitial registration.\\n b. A registration shall be issued to a firm upon payment of the fee\\nprescribed by the commissioner upon application showing that:\\n (1) At least one partner of a partnership or limited liability\\npartnership, member of a limited liability company or shareholder of a\\nprofessional service corporation or the sole proprietor is licensed or\\notherwise authorized to practice under this article and his or her\\nlicense to practice is not currently suspended, annulled or revoked in\\nany jurisdiction and he or she is regularly engaged in practice on\\nbehalf of the firm within the state or, in the case of a firm that holds\\na license, registration, or permit as a firm of certified public\\naccountants in another state and is required to register in this state,\\nan individual with practice privileges under subdivision two of section\\nseventy-four hundred six of this article;\\n (2) The firm, other than a sole proprietorship, consists of at least\\ntwo present partners, members or shareholders;\\n (3) The firm, other than a sole proprietorship, contains at least as\\nmany present partners, members or shareholders as the total number of\\nnames in the firm name, or, where the word \"company\" or abbreviation\\n\"co.\" is used, the number of present partners, members or shareholders\\nshall be greater than the number of names in the firm name;\\n (4) Such application includes a list of the location of all offices\\nwithin this state, including the names of the persons in charge of such\\noffices; and\\n (5) Such application includes a list of all states in which the firm\\nhas applied for or holds registrations, licenses, or permits as a public\\naccounting firm and a list of any past denial, revocation, or suspension\\nof a license, registration or permit by any other state or jurisdiction\\nwithin the last three years.\\n c. In addition to authority granted under any other provision of law,\\nthe board of regents may revoke such registration or take other action\\npursuant to a consent order or surrender of registration in accordance\\nwith this title and the rules of the board of regents, in the same\\nmanner and to the same extent as is provided with respect to individuals\\nlicensed pursuant to this article, or pursuant to a settlement in which\\nthe firm neither admits nor denies the allegations of professional\\nmisconduct, or after a hearing conducted in accordance with the\\nprovisions of section sixty-five hundred ten of this title upon proof:\\n (1) That the registration was obtained by either misrepresentation or\\nsuppression of any material fact;\\n (2) That the license or authorization to practice of any sole\\nproprietor, partner of a partnership or limited liability partnership,\\nmember of a limited liability company or shareholder of a professional\\nservice corporation is suspended, annulled or revoked in any\\njurisdiction;\\n (3) That any sole proprietor, partner of a partnership or limited\\nliability partnership, member of a limited liability company or\\nshareholder of a professional service corporation in such firm is or has\\nbeen engaged in the practice of public accountancy in this state who is\\nnot licensed or otherwise authorized to practice in this state;\\n (4) That the firm failed to file the written notification required\\npursuant to paragraph e of this subdivision;\\n (5) That the firm failed to undergo a quality review of its attest\\nservices pursuant to section seventy-four hundred ten of this article at\\nleast once every three years; or\\n (6) That the firm has engaged in professional misconduct pursuant to\\nsection sixty-five hundred nine of this title.\\n d. Personal service on a sole proprietor, any general partner of a\\npartnership or limited liability partnership, member of a limited\\nliability company or shareholder of a professional service corporation\\nlicensed in this state of a notice of a hearing to revoke the\\nregistration of, or take other disciplinary action against a firm\\nregistered hereunder shall be deemed service on the firm.\\n e. A firm registered to practice pursuant to this section shall file\\nwith the department annually on or before the anniversary of the date of\\nthe firm's first registration written notification of:\\n (1) Any admission of a partner, member or shareholder,\\n (2) Any resignation, termination, retirement or death of a partner,\\nmember or shareholder,\\n (3) Any termination of a firm,\\n (4) Any change in the number or location of offices within this state\\nand any change in the identity of the persons in charge of such offices,\\nor\\n (5) Any occurrence of any event or events which would eliminate as to\\nsuch firm conformity with the applicable requirements of this section.\\n f. The commissioner shall establish in regulations a registration\\nprocess for certified public accountancy firms and public accountancy\\nfirms, including the imposition of application and registration fees and\\nprocedures to suspend or revoke a registration or take other\\ndisciplinary action for cause.\\n g. Firms shall register triennially.\\n h. An individual licensee or individual practicing under subdivision\\ntwo of section seventy-four hundred six of this article who signs or\\nauthorizes someone to sign the accountant's report on the financial\\nstatements on behalf of a firm shall meet the competency requirements\\nset out in the professional standards for such services, as recognized\\nin subdivision one of section seventy-four hundred one-a of this\\narticle, and as set out in the rules of the board of regents.\\n 4. Any person shall be guilty of a class A misdemeanor who shall use,\\nin connection with the practice of public accountancy, or in any manner\\ntending to imply that he or she is an independent accountant or auditor,\\nthe designations \"chartered accountant\", \"certified accountant\", \"expert\\naccountant\", \"certified tax accountant\", \"tax accountant\", \"enrolled\\naccountant\", \"enrolled public accountant\", \"registered accountant\",\\n\"licensed accountant\", \"incorporated accountant\", \"registered public\\naccountant\", \"licensed public accountant\", or any abbreviation thereof,\\nor the letters \"C.A.\", \"E.A.\", \"C.T.A.\", \"T.A.\", \"E.P.A.\", \"R.A.\",\\n\"L.A.\", \"I.A.\", \"P.A.\", \"R.P.A.\", or, \"L.P.A.\", except as provided\\nelsewhere in this article, or any other designation tending to imply\\nthat he or she has expert knowledge in accounting or auditing. The title\\n\"enrolled agent\" or the designation \"E.A.\" may only be used by\\nindividuals so designated by the United States Internal Revenue Service.\\n 5. An individual not licensed as a certified public accountant or\\npublic accountant or otherwise authorized to practice public\\naccountancy, or an entity not required to register under this section\\nmay prepare a financial statement so long as it is not accompanied by\\nany statement, report, or wording indicating such individual is a\\ncertified public accountant or public accountant or that such entity is\\nregistered to practice public accountancy under this article. Such\\nnon-licensed individuals and non-registered entities shall include the\\nfollowing written language when preparing financial statements:\\n a. \"(I, We) have prepared the accompanying financial statement(s) of\\n(name of business or organization) as of the (time period) and for the\\n(period) then ended. This presentation is limited to preparing, in the\\nform of a financial statement(s), information that is the representation\\nof (name of business or organization)\"; and\\n b. \"(I, We) have not audited or reviewed the accompanying financial\\nstatement(s) and accordingly do not express an opinion or any other form\\nof assurance on them.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7409", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-04", "2020-01-10" ], "docLevelId" : "7409", "activeDate" : "2014-09-22", "sequenceNo" : 1825, "repealedDate" : null, "fromSection" : "7409", "toSection" : "7409", "text" : " § 7409. Mandatory continuing education. 1. a. Each certified public\\naccountant and public accountant required under article one hundred\\nthirty of this title to register triennially with the department to\\npractice in the state shall comply with the provisions of the mandatory\\ncontinuing education requirements except as set forth in paragraphs (b)\\nand (c) of this subdivision. Such certified public accountants and\\npublic accountants who do not satisfy the mandatory continuing education\\nrequirements shall not practice until they have met such requirements,\\nthey have paid all applicable fees, and they have been issued a\\nregistration or conditional registration certificate.\\n b. Certified public accountants and public accountants shall be exempt\\nfrom the mandatory continuing education requirement for the triennial\\nregistration period during which they are first licensed by the\\ndepartment. In accordance with the intent of this section, adjustments\\nto the mandatory continuing education requirement may be granted by the\\ndepartment for reasons of health certified by a physician, for extended\\nactive duty with armed forces of the United States, or for other good\\ncause acceptable to the department which may prevent compliance.\\n c. Certified public accountants or public accountants not engaged in\\npractice as defined in section seventy-four hundred one of this article,\\nshall be exempt from the mandatory continuing education requirement upon\\nthe filing of a written statement with the department declaring such\\nstatus pursuant to subdivision four of section sixty-five hundred two of\\nthis title. Any certified public accountant or public accountant who\\nresumes practice during the triennial registration period shall notify\\nthe department prior to resuming practice and shall pay the current\\nmandatory continuing education fee and shall meet such mandatory\\ncontinuing education requirements as shall be prescribed by regulations\\nof the commissioner.\\n 2. a. During each year of the triennial registration period beginning\\nSeptember first, nineteen hundred ninety and ending September first,\\nnineteen hundred ninety-three and each registration period thereafter\\nbut ending on the period that ends on December thirty-first, two\\nthousand ten, an applicant for registration shall have the option of:\\n(1) completing a minimum of forty contact hours of acceptable formal\\ncontinuing education in recognized areas of study, or (2) completing a\\nminimum of twenty-four contact hours of acceptable formal continuing\\neducation concentrated in any one of the following three subject areas:\\nauditing, accounting, or taxation.\\n b. For applicants whose triennial registration date occurs on or after\\nJanuary first, two thousand nine, for each calendar year beginning with\\nthe two thousand nine calendar year, an applicant for registration shall\\nhave the option of (1) completing a minimum of forty contact hours of\\nacceptable formal continuing education in recognized areas of study\\npursuant to subdivision four of this section, or (2) completing a\\nminimum of twenty-four contact hours of acceptable formal continuing\\neducation concentrated in any one of the recognized areas of study\\npursuant to subdivision four of this section; provided, however, that\\nany continuing education contact hours earned between September first,\\ntwo thousand eight and December thirty-first, two thousand eight may be\\ncredited toward the minimum contact hours required for the calendar year\\nbeginning January first, two thousand nine.\\n c. A certified public accountant or public accountant who has not\\nsatisfied the mandatory continuing education requirements shall not be\\nissued a triennial registration certificate by the department and shall\\nnot practice unless and until a registration or conditional registration\\ncertificate is issued as provided in subdivision three of this section.\\nNo hourly credits may be transferred from one year to a subsequent year\\nexcept as provided in paragraph b of this subdivision. The individual\\ncertified public accountant or public accountant shall determine the\\nselection of courses or programs of study pursuant to subdivision four\\nof this section.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a certified public accountant or public accountant who\\nfails to meet the continuing education requirements established in\\nsubdivision two of this section but who agrees to make up any\\ndeficiencies and take any additional education which the department may\\nrequire. The fee for such a conditional registration shall be the same\\nas, and in addition to, the fee for the triennial registration. The\\nduration of such conditional registration shall be determined by the\\ndepartment. Any certified public accountant or public accountant who is\\nnotified of the denial of registration for failure to submit evidence,\\nsatisfactory to the department, of required continuing education and who\\npractices public accountancy without such registration, may be subject\\nto disciplinary proceedings pursuant to section sixty-five hundred ten\\nof this title.\\n 4. As used in subdivision two of this section, \"acceptable formal\\ncontinuing education\" shall mean formal programs of learning which\\ncontribute to the growth in the professional knowledge and professional\\ncompetence of the licensee which meet the standards prescribed by\\nregulations of the commissioner. Recognized areas of study shall include\\nbut not be limited to: accounting, attest, auditing, taxation, advisory\\nservices, specialized knowledge and applications related to specialized\\nindustries, and such other areas appropriately related to the practice\\nof accounting as may be acceptable to the department. To fulfill the\\nmandatory continuing education requirement, programs must be taken from\\nsponsors approved by the department, pursuant to the regulations of the\\ncommissioner.\\n 5. The mandatory continuing education fee shall be determined by the\\nregents, shall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section seventy-four hundred four of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7410", "title" : "Mandatory quality review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27" ], "docLevelId" : "7410", "activeDate" : "2014-09-22", "sequenceNo" : 1826, "repealedDate" : null, "fromSection" : "7410", "toSection" : "7410", "text" : " § 7410. Mandatory quality review. 1. The department shall require as a\\ncondition to renewal of registrations under section seventy-four hundred\\neight of this article, that unless otherwise exempted by the department,\\napplicants for firm registrations, with the exception of sole\\nproprietorship firms or firms with two or fewer accounting\\nprofessionals, including certified public accountants or public\\naccountants, or any combination thereof, undergo, no more frequently\\nthan once every three years, except pursuant to a disciplinary action\\nbrought under section seventy-four hundred eight of this article,\\nquality reviews of the firm's attest services conducted in such manner\\nas the commissioner shall specify in regulations, and such review shall\\ninclude a verification that individuals in the firm who are responsible\\nfor supervising attest services sign or authorize someone to sign the\\naccountant's report on the financial statements on behalf of the firm\\nmeet the competency requirements set out in the professional standards\\nfor such services, provided that any such regulations:\\n a. shall include reasonable provisions for compliance by an applicant\\nfor firm registration showing that it has, within the preceding three\\nyears, undergone a quality review in this state or a peer review in\\nanother state that is a satisfactory equivalent to quality review\\nrequired pursuant to this section;\\n b. shall require, with respect to any organization administering\\nquality review programs contemplated by paragraph a of this subdivision,\\nthat it be subject to evaluations by the department or its designee, to\\nperiodically assess the effectiveness of the quality review program\\nunder its charge;\\n c. shall require the quality review to be conducted by reviewers\\nacceptable to the department in accordance with the commissioner's\\nregulations, from a roster of qualified reviewers established by the\\ndepartment; and\\n d. may require with respect to quality reviews contemplated by\\nparagraph a of this subdivision that firms undergoing quality reviews\\nand organizations administering quality review programs timely remit\\nsuch quality review reports to the state board for public accountancy\\nand such reports shall be maintained by the board in a manner consistent\\nwith subdivision three of this section.\\n 2. Except as provided for in subdivision four of this section, nothing\\nin this section shall be construed to require sole proprietorship firms\\nor firms with two or fewer accounting professionals, including certified\\npublic accountants or public accountants, or any combination thereof, to\\nundergo quality review, however, such firms may choose to voluntarily\\nundergo quality review in accordance with this section.\\n 3. Notwithstanding any provision of law to the contrary, the reports\\nsubmitted in accordance with subdivision one of this section shall be\\nconfidential and shall not constitute a public record and shall not be\\nsubject to disclosure under articles six and six-A of the public\\nofficers law. However, when any such report is admitted into evidence in\\na hearing held by the department, it shall then be a public record\\nsubject to disclosure under articles six and six-A of the public\\nofficers law.\\n 4. Notwithstanding any provision of law or regulation to the contrary,\\na firm that performs attest services for any New York state or municipal\\ndepartment, board, bureau, division, commission, committee, public\\nauthority, public corporation, council, office, or other governmental\\nentity performing a governmental or proprietary function for New York\\nstate or any one or more municipalities thereof, or performs attest\\nservices specifically required to be performed pursuant to New York\\nstate law, shall be required to undergo an external peer review in\\nconformity with the requirements pursuant to the government auditing\\nstandards of the comptroller general of the United States.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A151", "title" : "Shorthand Reporting", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "151", "activeDate" : "2014-09-22", "sequenceNo" : 1827, "repealedDate" : null, "fromSection" : "7500", "toSection" : "7504", "text" : " ARTICLE 151\\n SHORTHAND REPORTING\\nSection 7500. Introduction.\\n 7501. Definition of practice as a certified shorthand reporter.\\n 7502. Use of title \"certified shorthand reporter\".\\n 7503. State board for certified shorthand reporting.\\n 7504. Requirements for a professional license.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7500", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7500", "activeDate" : "2014-09-22", "sequenceNo" : 1828, "repealedDate" : null, "fromSection" : "7500", "toSection" : "7500", "text" : " § 7500. Introduction. This article applies to the use of the title\\n\"certified shorthand reporter\". The general provisions for all\\nprofessions contained in article one hundred thirty of this title apply\\nto this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7501", "title" : "Definition of practice as a certified shorthand reporter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7501", "activeDate" : "2014-09-22", "sequenceNo" : 1829, "repealedDate" : null, "fromSection" : "7501", "toSection" : "7501", "text" : " § 7501. Definition of practice as a certified shorthand reporter. The\\npractice as a certified shorthand reporter is defined as engaging, under\\nsuch title, in making by a written system of either manual shorthand or\\nmachine shorthand, a verbatim record of any oral court proceeding,\\ndisposition, hearing or proceeding before any grand jury, referee,\\ncommissioner, or arbitrator, or of any convention, deliberative\\nassembly, or meeting of like character.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7502", "title" : "Use of title \"certified shorthand reporter\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7502", "activeDate" : "2014-09-22", "sequenceNo" : 1830, "repealedDate" : null, "fromSection" : "7502", "toSection" : "7502", "text" : " § 7502. Use of title \"certified shorthand reporter\". Only a person\\nlicensed under this article shall be authorized to use the title\\n\"certified shorthand reporter\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7503", "title" : "State board for certified shorthand reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7503", "activeDate" : "2014-09-22", "sequenceNo" : 1831, "repealedDate" : null, "fromSection" : "7503", "toSection" : "7503", "text" : " § 7503. State board for certified shorthand reporting. A state board\\nfor certified shorthand reporting shall be appointed by the board of\\nregents on recommendation of the commissioner for the purpose of\\nassisting the board of regents and the department on matters of\\nprofessional licensing and professional conduct in accordance with\\nsection sixty-five hundred eight of this title. The board shall be\\ncomposed of not less than five shorthand reporters licensed in this\\nstate. An executive secretary to the board shall be appointed by the\\nboard of regents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7504", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "7504", "activeDate" : "2014-09-22", "sequenceNo" : 1832, "repealedDate" : null, "fromSection" : "7504", "toSection" : "7504", "text" : " § 7504. Requirements for a professional license. 1. To qualify for a\\nlicense as a certified shorthand reporter, an applicant shall fulfill\\nthe following requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including high school\\ngraduation and completion of a program in shorthand reporting, in\\naccordance with the commissioner's regulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of forty-five dollars for each reexamination, a fee of\\nfifty dollars for an initial license for persons not requiring admission\\nto a department conducted examination, and a fee of fifty dollars for\\neach triennial registration period.\\n 2. In lieu of professional qualifications specified in subparagraphs\\n(2) and (3) of subdivision one of this section, five years of experience\\nin shorthand reporting satisfactory to the board may be accepted by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A153", "title" : "Psychology", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-01-04" ], "docLevelId" : "153", "activeDate" : "2014-09-22", "sequenceNo" : 1833, "repealedDate" : null, "fromSection" : "7600", "toSection" : "7606", "text" : " ARTICLE 153\\n PSYCHOLOGY\\nSection 7600. Introduction.\\n 7601. Practice of psychology and use of the title\\n \"psychologist\".\\n 7601-a. Definition of the practice of psychology.\\n 7602. State board for psychology.\\n 7603. Requirements for a professional license.\\n 7604. Limited permits.\\n 7605. Exempt persons.\\n 7606. Prohibitions.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7600", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7600", "activeDate" : "2014-09-22", "sequenceNo" : 1834, "repealedDate" : null, "fromSection" : "7600", "toSection" : "7600", "text" : " § 7600. Introduction. This article applies to the profession and\\npractice of psychology and to the use of the title \"psychologist\". The\\ngeneral provisions for all professions contained in article one hundred\\nthirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7601", "title" : "Practice of psychology and use of the title \"psychologist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7601", "activeDate" : "2014-09-22", "sequenceNo" : 1835, "repealedDate" : null, "fromSection" : "7601", "toSection" : "7601", "text" : " § 7601. Practice of psychology and use of the title \"psychologist\".\\nOnly a person licensed or otherwise authorized under this article shall\\nbe authorized to practice psychology or to use the title \"psychologist\"\\nor to describe his or her services by use of the words \"psychologist\",\\n\"psychology\" or \"psychological\" in connection with his or her practice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7601-A", "title" : "Definition of the practice of psychology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7601-A", "activeDate" : "2014-09-22", "sequenceNo" : 1836, "repealedDate" : null, "fromSection" : "7601-A", "toSection" : "7601-A", "text" : " § 7601-a. Definition of the practice of psychology. 1. The practice of\\npsychology is the observation, description, evaluation, interpretation,\\nand modification of behavior for the purpose of preventing or\\neliminating symptomatic, maladaptive or undesired behavior; enhancing\\ninterpersonal relationships, personal, group or organizational\\neffectiveness and work and/or life adjustment; and improving behavioral\\nhealth and/or mental health. The practice includes, but is not limited\\nto psychological (including neuropsychological) testing and counseling;\\npsychoanalysis; psychotherapy; the diagnosis and treatment of mental,\\nnervous, emotional, cognitive or behavioral disorders, disabilities,\\nailments or illnesses, alcoholism, substance abuse, disorders of habit\\nor conduct, the psychological aspects of physical illness, accident,\\ninjury or disability, psychological aspects of learning (including\\nlearning disorders); and the use of accepted classification systems.\\n 2. The term \"diagnosis and treatment\" means the appropriate\\npsychological diagnosis and the ordering or providing of treatment\\naccording to need. Treatment includes, but is not limited to counseling,\\npsychotherapy, marital or family therapy, psychoanalysis, and other\\npsychological interventions, including verbal, behavioral, or other\\nappropriate means as defined in regulations promulgated by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7602", "title" : "State board for psychology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7602", "activeDate" : "2014-09-22", "sequenceNo" : 1837, "repealedDate" : null, "fromSection" : "7602", "toSection" : "7602", "text" : " § 7602. State board for psychology. A state board for psychology\\nshall be appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents and the\\ndepartment on matters of professional licensing and professional conduct\\nin accordance with section sixty-five hundred eight of this title. The\\nboard shall be composed of not less than eleven psychologists licensed\\nin this state. An executive secretary to the board shall be appointed\\nby the board of regents upon the recommendation of the commissioner and\\nshall be a psychologist, licensed in this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7603", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7603", "activeDate" : "2014-09-22", "sequenceNo" : 1838, "repealedDate" : null, "fromSection" : "7603", "toSection" : "7603", "text" : " § 7603. Requirements for a professional license. To qualify for a\\nlicense as a psychologist, an applicant shall fulfill the following\\nrequirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including a doctoral degree\\nin psychology, granted on the basis of completion of a program of\\npsychology registered with the department or the substantial equivalent\\nthereof, in accordance with the commissioner's regulations;\\n (3) Experience: have two years of supervised employment or engagement\\nin appropriate psychology activities satisfactory to the board and in\\naccordance with the commissioner's regulations. Satisfactory experience\\nobtained in an entity operating pursuant to a waiver issued by the\\ndepartment pursuant to section sixty-five hundred three-a of this title\\nmay be accepted by the department, notwithstanding that such experience\\nmay have been obtained prior to the effective date of such section\\nsixty-five hundred three-a and/or prior to the entity having obtained a\\nwaiver. The department may, for good cause shown, accept satisfactory\\nexperience that was obtained in a setting that would have been eligible\\nfor a waiver but which has not obtained a waiver with the department or\\nexperience that was obtained in good faith by the applicant under the\\nbelief that appropriate authorization had been obtained for the\\nexperience, provided that such experience meets all other requirements\\nfor acceptable experience;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Citizenship: meet no requirement as to United States citizenship;\\n (7) Character: be of good moral character as determined by the\\ndepartment; and\\n (8) Fees: pay a fee of one hundred seventy dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of eighty-five dollars for each reexamination, a fee of\\none hundred fifteen dollars for an initial license for persons not\\nrequiring admission to a department conducted examination, and a fee of\\none hundred fifty-five dollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7604", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7604", "activeDate" : "2014-09-22", "sequenceNo" : 1839, "repealedDate" : null, "fromSection" : "7604", "toSection" : "7604", "text" : " § 7604. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit to practice as psychologist to an\\napplicant holding a certificate or license to practice psychology issued\\nby another state or country, and whose qualifications have been approved\\nfor admission to the examination for a license as psychologist and who\\nhas resided in this state for a period of not more than six months prior\\nto the filing of such application. The limited permit shall be valid for\\na period of not more than twelve months, or until ten days after\\nnotification to the applicant of failure of the professional licensing\\nexamination or until the results of a licensing examination for which\\nthe applicant is eligible are officially released, whichever comes\\nfirst.\\n 1-a. On the recommendation of the board, the department may issue a\\nlimited permit valid for an aggregate of three years to a person who has\\ncompleted the doctoral dissertation and other doctoral degree\\nrequirements and is gaining supervised experience to meet the experience\\nrequirements for licensure. This permit may be re-issued for a maximum\\nperiod of one year for good cause, as determined by the department.\\n 2. Fees. The fee for each limited permit shall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7605", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2015-10-30", "2016-07-08", "2017-08-18", "2018-04-20", "2018-06-08", "2020-04-24", "2021-07-02", "2022-07-08", "2024-04-26", "2024-05-31", "2025-04-04" ], "docLevelId" : "7605", "activeDate" : "2014-09-22", "sequenceNo" : 1840, "repealedDate" : null, "fromSection" : "7605", "toSection" : "7605", "text" : " § 7605. Exempt persons. Nothing in this article shall be construed to\\naffect or prevent:\\n 1. The activities, services, and use of the title of psychologist, or\\nany derivation thereof, on the part of a person in the employ of a\\nfederal, state, county or municipal agency, or other political\\nsubdivision, or a chartered elementary or secondary school or\\ndegree-granting educational institution insofar as such activities and\\nservices are a part of the duties of his salaried position.\\n 2. The activities and services required of a student, intern, or\\nresident in psychology, pursuing a course of study leading to a doctoral\\ndegree in psychology in an institution approved by the department,\\nprovided that such activities and services constitute a part of his\\nsupervised course of study in psychology. Such persons shall be\\ndesignated by title as \"psychological intern\", \"psychological trainee\"\\nor other such title which clearly indicates his training status.\\n 3. The practice, conduct, activities or services by any person\\nlicensed or otherwise authorized to practice medicine within the state\\npursuant to article one hundred thirty-one of this title or by any\\nperson registered to perform services as a physician assistant within\\nthe state pursuant to article one hundred thirty-one-B of this title.\\n 4. The practice, conduct, activities, or services by any person\\nlicensed or otherwise authorized to practice nursing as a registered\\nprofessional nurse or nurse practitioner within the state pursuant to\\narticle one hundred thirty-nine of this title or by any person licensed\\nor otherwise authorized to practice social work within the state\\npursuant to article one hundred fifty-four of this title, or by any\\nperson licensed or otherwise authorized to practice mental health\\ncounseling, marriage and family therapy, creative arts therapy, or\\npsychoanalysis within the state pursuant to article one hundred\\nsixty-three of this title, or any person licensed or otherwise\\nauthorized to practice applied behavior analysis within the state\\npursuant to article one hundred sixty-seven of this title or any\\nindividual who is credentialed under any law, including attorneys, rape\\ncrisis counselors, certified alcoholism counselors, and certified\\nsubstance abuse counselors from providing mental health services within\\ntheir respective established authorities.\\n 5. The conduct, activities, or services of any member of the clergy or\\nChristian Science practitioner, in the provision of pastoral counseling\\nservices within the context of his or her ministerial charge or\\nobligation.\\n 6. The conduct, activities, or services of individuals, churches,\\nschools, teachers, organizations, or not-for-profit businesses in\\nproviding instruction, advice, support, encouragement, or information to\\nindividuals, families, and relational groups.\\n 7. The practice, conduct, activities, or services of an occupational\\ntherapist from performing work consistent with article one hundred\\nfifty-six of this title.\\n 8. The representation as a psychologist and the rendering of services\\nas such in this state for a temporary period of a person who resides\\noutside the state of New York and who engages in practice as a\\npsychologist and conducts the major part of his practice as such outside\\nthis state, provided such person has filed with the department evidence\\nthat he has been licensed or certified in another state or has been\\nadmitted to the examination in this state pursuant to section\\nseventy-six hundred three of this article. Such temporary period shall\\nnot exceed ten consecutive business days in any period of ninety\\nconsecutive days or in the aggregate exceed more than fifteen business\\ndays in any such ninety-day period.\\n 9. The provision of psychotherapy as defined in subdivision two of\\nsection eighty-four hundred one of this title to the extent permissible\\nwithin the scope of practice of psychology, by any not-for-profit\\ncorporation or education corporation providing services within the state\\nof New York and operating under a waiver pursuant to section sixty-five\\nhundred three-a of this title, provided that such entities offering\\npsychology services shall only provide such services through an\\nindividual appropriately licensed or otherwise authorized to provide\\nsuch services or a professional entity authorized by law to provide such\\nservices.\\n 10. A person without a license from performing assessments such as\\nbasic information collection, gathering of demographic data, and\\ninformal observations, screening and referral used for general\\neligibility for a program or service and determining the functional\\nstatus of an individual for the purpose of determining need for services\\nunrelated to a behavioral health diagnosis or treatment plan. Such\\nlicensure shall not be required to create, develop or implement a\\nservice plan unrelated to a behavioral health diagnosis or treatment\\nplan. Such service plans shall include, but are not limited to, job\\ntraining and employability, housing, general public assistance, in home\\nservices and supports or home-delivered meals, investigations conducted\\nor assessments made by adult or child protective services, adoption home\\nstudies and assessments, family service plans, transition plans and\\npermanency planning activities, de-escalation techniques, peer services\\nor skill development. A license under this article shall not be required\\nfor persons to participate as a member of a multi-disciplinary team to\\nimplement a behavioral health services or treatment plan; provided\\nhowever, that such team shall include one or more professionals licensed\\nunder this article or articles one hundred thirty-one, one hundred\\nfifty-four or one hundred sixty-three of this chapter; and provided,\\nfurther, that the activities performed by members of the team shall be\\nconsistent with the scope of practice for each team member licensed or\\nauthorized under title VIII of this chapter, and those who are not so\\nauthorized may not engage in the following restricted practices: the\\ndiagnosis of mental, emotional, behavioral, addictive and developmental\\ndisorders and disabilities; patient assessment and evaluating; the\\nprovision of psychotherapeutic treatment; the provision of treatment\\nother than psychotherapeutic treatment; and/or the development and\\nimplementation of assessment-based treatment plans as defined in section\\nseventy-seven hundred one of this chapter. Provided, further, that\\nnothing in this subdivision shall be construed as requiring a license\\nfor any particular activity or function based solely on the fact that\\nthe activity or function is not listed in this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7606", "title" : "Prohibitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7606", "activeDate" : "2014-09-22", "sequenceNo" : 1841, "repealedDate" : null, "fromSection" : "7606", "toSection" : "7606", "text" : " § 7606. Prohibitions. Any individual whose license or authority to\\npractice derives from the provisions of this article shall be prohibited\\nfrom:\\n 1. prescribing or administering drugs as defined in this chapter as a\\ntreatment, therapy, or professional service in the practice of his or\\nher profession; or\\n 2. using invasive procedures as a treatment, therapy, or professional\\nservice in the practice of his or her profession. For purposes of this\\nsubdivision, \"invasive procedure\" means any procedure in which human\\ntissue is cut, altered, or otherwise infiltrated by mechanical or other\\nmeans. Invasive procedure includes surgery, lasers, ionizing radiation,\\ntherapeutic ultrasound, or electroconvulsive therapy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A154", "title" : "Social Work", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "154", "activeDate" : "2014-09-22", "sequenceNo" : 1842, "repealedDate" : null, "fromSection" : "7700", "toSection" : "7710", "text" : " ARTICLE 154\\n SOCIAL WORK\\nSection 7700. Introduction.\\n 7701. Definitions.\\n 7702. Authorized practice and the use of the titles \"licensed\\n master social worker\" and \"licensed clinical social\\n worker\".\\n 7703. State board for social work.\\n 7704. Requirements for a license.\\n 7705. Limited permits.\\n 7706. Exempt persons.\\n 7707. Special provisions.\\n 7708. Boundaries of professional practice.\\n 7709. Hospital privileges.\\n 7710. Mandatory continuing education.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7700", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7700", "activeDate" : "2014-09-22", "sequenceNo" : 1843, "repealedDate" : null, "fromSection" : "7700", "toSection" : "7700", "text" : " § 7700. Introduction. This article applies to the profession and\\npractice of social work, the practice of licensed master social work and\\nthe practice of clinical social work, and to the use of the titles\\n\"licensed master social worker\", and \"licensed clinical social worker\".\\nThe general provisions for all professions contained in article one\\nhundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7701", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7701", "activeDate" : "2014-09-22", "sequenceNo" : 1844, "repealedDate" : null, "fromSection" : "7701", "toSection" : "7701", "text" : " § 7701. Definitions. 1. Practice of licensed master social work.\\n (a) The practice of licensed master social work shall mean the\\nprofessional application of social work theory, principles, and the\\nmethods to prevent, assess, evaluate, formulate and implement a plan of\\naction based on client needs and strengths, and intervene to address\\nmental, social, emotional, behavioral, developmental, and addictive\\ndisorders, conditions and disabilities, and of the psychosocial aspects\\nof illness and injury experienced by individuals, couples, families,\\ngroups, communities, organizations, and society.\\n (b) Licensed master social workers engage in the administration of\\ntests and measures of psychosocial functioning, social work advocacy,\\ncase management, counseling, consultation, research, administration and\\nmanagement, and teaching.\\n (c) Licensed master social workers provide all forms of supervision\\nother than supervision of the practice of licensed clinical social work\\nas defined in subdivision two of this section.\\n (d) Licensed master social workers practice licensed clinical social\\nwork in facility settings or other supervised settings approved by the\\ndepartment under supervision in accordance with the commissioner's\\nregulations.\\n 2. Practice of clinical social work. (a) The practice of clinical\\nsocial work encompasses the scope of practice of licensed master social\\nwork and, in addition, includes the diagnosis of mental, emotional,\\nbehavioral, addictive and developmental disorders and disabilities and\\nof the psychosocial aspects of illness, injury, disability and\\nimpairment undertaken within a psychosocial framework; administration\\nand interpretation of tests and measures of psychosocial functioning;\\ndevelopment and implementation of appropriate assessment-based treatment\\nplans; and the provision of crisis oriented psychotherapy and brief,\\nshort-term and long-term psychotherapy and psychotherapeutic treatment\\nto individuals, couples, families and groups, habilitation,\\npsychoanalysis and behavior therapy; all undertaken for the purpose of\\npreventing, assessing, treating, ameliorating and resolving psychosocial\\ndysfunction with the goal of maintaining and enhancing the mental,\\nemotional, behavioral, and social functioning and well-being of\\nindividuals, couples, families, small groups, organizations, communities\\nand society.\\n (b) Diagnosis in the context of licensed clinical social work practice\\nis the process of distinguishing, beyond general social work assessment,\\nbetween similar mental, emotional, behavioral, developmental and\\naddictive disorders, impairments and disabilities within a psychosocial\\nframework on the basis of their similar and unique characteristics\\nconsistent with accepted classification systems.\\n (c) Psychotherapy in the context of licensed clinical social work\\npractice is the use of verbal methods in interpersonal relationships\\nwith the intent of assisting a person or persons to modify attitudes and\\nbehavior which are intellectually, socially, or emotionally maladaptive.\\n (d) Development of assessment-based treatment plans in the context of\\nlicensed clinical social work practice refers to the development of an\\nintegrated plan of prioritized interventions, that is based on the\\ndiagnosis and psychosocial assessment of the client, to address mental,\\nemotional, behavioral, developmental and addictive disorders,\\nimpairments and disabilities, reactions to illnesses, injuries,\\ndisabilities and impairments, and social problems.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7702", "title" : "Authorized practice and the use of the titles \"licensed master social worker\" and \"licensed clinical social worker\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20" ], "docLevelId" : "7702", "activeDate" : "2014-09-22", "sequenceNo" : 1845, "repealedDate" : null, "fromSection" : "7702", "toSection" : "7702", "text" : " § 7702. Authorized practice and the use of the titles \"licensed master\\nsocial worker\" and \"licensed clinical social worker\". 1. In addition to\\nthe licensed social work services included in subdivisions one and two\\nof section seventy-seven hundred one of this article, licensed master\\nsocial workers and licensed clinical social workers may perform the\\nfollowing social work functions that do not require a license under this\\narticle, including but not limited to:\\n (a) Serve as a community organizer, planner, or administrator for\\nsocial service programs in any setting.\\n (b) Provide supervision and/or consultation to individuals, groups,\\ninstitutions and agencies.\\n (c) Serve as a faculty member or instructor in an educational setting.\\n (d) Plan and/or conduct research projects and program evaluation\\nstudies.\\n (e) Maintain familiarity with both professional and self-help systems\\nin the community in order to assist the client in those services when\\nnecessary.\\n (f) Assist individuals or groups with difficult day to day problems\\nsuch as finding employment, locating sources of assistance, and\\norganizing community groups to work on a specific problem.\\n (g) Consult with other agencies on problems and cases served in common\\nand coordinating services among agencies or providing case management.\\n (h) Conduct data gathering on social problems.\\n (i) Serve as an advocate for those clients or groups of clients whose\\nneeds are not being met by available programs or by a specific agency.\\n (j) Assess, evaluate and formulate a plan of action based on client\\nneed.\\n (k) Provide training to community groups, agencies, and other\\nprofessionals.\\n (l) Provide administrative supervision.\\n 2. Practice of \"licensed master social work\" and use of the title\\n\"licensed master social worker\" and designation \"LMSW\". (a) Only a\\nperson licensed or exempt under this article shall practice \"licensed\\nmaster social work\" as defined in subdivision one of section\\nseventy-seven hundred one of this article.\\n (b) Only a person licensed pursuant to subdivision one of section\\nseventy-seven hundred four of this article shall use the title \"licensed\\nmaster social worker\" or the designation \"LMSW\".\\n 3. Practice of \"licensed clinical social work\" and use of the title\\n\"licensed clinical social worker\" and designation \"LCSW\". (a) Only a\\nperson licensed or exempt under this article shall practice \"licensed\\nclinical social work\" as defined in subdivision two of section\\nseventy-seven hundred one of this article.\\n (b) Only a person licensed pursuant to subdivision two of section\\nseventy-seven hundred four of this article shall use the title \"licensed\\nclinical social worker\" or the designation \"LCSW\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7703", "title" : "State board for social work", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7703", "activeDate" : "2014-09-22", "sequenceNo" : 1846, "repealedDate" : null, "fromSection" : "7703", "toSection" : "7703", "text" : " § 7703. State board for social work. A state board for social work\\nshall be appointed by the board of regents on recommendation of the\\ncommissioner for the purpose of assisting the board of regents and the\\ndepartment on matters of professional licensing, practice, and conduct\\nin accordance with section sixty-five hundred eight of this title. The\\nboard shall be composed of not less than twelve members, of which five\\nshall be licensed clinical social workers, five shall be licensed master\\nsocial workers and two members of the public. Members of the first board\\nneed not be licensed prior to their appointment to the board. The terms\\nof the first appointed members shall be staggered so that four are\\nappointed for three years, four are appointed for four years, and four\\nare appointed for five years. An executive secretary to the board shall\\nbe appointed by the board of regents on recommendation of the\\ncommissioner and shall be licensed pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7704", "title" : "Requirements for a license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7704", "activeDate" : "2014-09-22", "sequenceNo" : 1847, "repealedDate" : null, "fromSection" : "7704", "toSection" : "7704", "text" : " § 7704. Requirements for a license. 1. To qualify for a license as a\\n\"licensed master social worker\" an applicant shall fulfill the following\\nrequirements:\\n (a) Application: file an application with the department;\\n (b) Education: have received an education, including a master's of\\nsocial work degree from a program registered by the department, or\\ndetermined by the department to be the substantial equivalent, in\\naccordance with the commissioner's regulations;\\n (c) Experience: meet no requirement as to experience;\\n (d) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (e) Age: be at least twenty-one years of age;\\n (f) Character: be of good moral character as determined by the\\ndepartment; and\\n (g) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor an initial license, and a fee of one hundred fifty-five dollars for\\neach triennial registration period. An additional surcharge in the\\namount of five dollars shall be paid with each triennial registration\\nfee and shall be used for the marketing and evaluation of the regents\\nlicensed social worker loan forgiveness program established by section\\nsix hundred five of this chapter.\\n 2. To qualify for a license as a \"licensed clinical social worker\", an\\napplicant shall fulfill the following requirements:\\n (a) Application: file an application with the department;\\n (b) Education: have received an education, including a master's of\\nsocial work degree from a program registered by the department, or\\ndetermined by the department to be the substantial equivalent, that\\nincludes completion of a core curriculum which includes at least twelve\\ncredit hours of clinical courses, in accordance with the commissioner's\\nregulations; a person who has received a master's, or equivalent degree\\nin social work, during which they did not complete a core curriculum\\nwhich includes clinical courses, may satisfy this requirement by\\ncompleting equivalent post-graduate clinical coursework, in accordance\\nwith the commissioner's regulations;\\n (c) Experience: have at least three years full-time supervised\\npost-graduate clinical social work experience in diagnosis,\\npsychotherapy, and assessment-based treatment plans, or its part-time\\nequivalent, obtained over a continuous period not to exceed six years,\\nunder the supervision, satisfactory to the department, of a\\npsychiatrist, a licensed psychologist, or a licensed clinical social\\nworker in a facility setting or other supervised settings approved by\\nthe department. Satisfactory experience obtained in an entity operating\\nunder a waiver issued by the department pursuant to section sixty-five\\nhundred three-a of this title may be accepted by the department,\\nnotwithstanding that such experience may have been obtained prior to the\\neffective date of such section sixty-five hundred three-a and/or prior\\nto the entity having obtained a waiver. The department may, for good\\ncause shown, accept satisfactory experience that was obtained in a\\nsetting that would have been eligible for a waiver but which has not\\nobtained a waiver from the department or experience that was obtained in\\ngood faith by the applicant under the belief that appropriate\\nauthorization had been obtained for the experience, provided that such\\nexperience meets all other requirements for acceptable experience;\\n (d) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (e) Age: be at least twenty-one years of age;\\n (f) Character: be of good moral character as determined by the\\ndepartment; and\\n (g) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor an initial license and a fee of one hundred fifty-five dollars for\\neach triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7705", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7705", "activeDate" : "2014-09-22", "sequenceNo" : 1848, "repealedDate" : null, "fromSection" : "7705", "toSection" : "7705", "text" : " § 7705. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit to practice licensed clinical\\nsocial work and use the title licensed clinical social worker, or to\\npractice licensed master social work and use the title licensed master\\nsocial worker to an applicant who has met all requirements for licensure\\nas a licensed master social worker or a licensed clinical social worker\\nexcept those relating to the examination and provided that the\\nindividual is under the general supervision of a licensed master social\\nworker or a licensed clinical social worker, as determined by the\\ndepartment. This limited permit shall be valid for a period of not more\\nthan twelve months.\\n 2. The fee for each limited permit shall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7706", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2021-07-02" ], "docLevelId" : "7706", "activeDate" : "2014-09-22", "sequenceNo" : 1849, "repealedDate" : null, "fromSection" : "7706", "toSection" : "7706", "text" : " § 7706. Exempt persons. Nothing contained in this article shall be\\nconstrued to:\\n 1. Apply to the practice, conduct, activities, services or use of any\\ntitle by any person licensed or otherwise authorized to practice\\nmedicine within the state pursuant to article one hundred thirty-one of\\nthis title or by any person registered to perform services as a\\nphysician assistant within the state pursuant to article one hundred\\nthirty-one-B of this title or by any person licensed or otherwise\\nauthorized to practice psychology within this state pursuant to article\\none hundred fifty-three of this title or by any person licensed or\\notherwise authorized to practice nursing as a registered professional\\nnurse or nurse practitioner within this state pursuant to article one\\nhundred thirty-nine of this title or by any person licensed or otherwise\\nauthorized to practice occupational therapy within this state pursuant\\nto article one hundred fifty-six of this title or by any person licensed\\nor otherwise authorized to practice mental health counseling, marriage\\nand family therapy, creative arts therapy, or psychoanalysis within the\\nstate pursuant to article one hundred sixty-three of this title or by\\nany person licensed or otherwise authorized to practice applied behavior\\nanalysis within the state pursuant to article one hundred sixty-seven of\\nthis title; provided, however, that no physician, physician assistant,\\nregistered professional nurse, nurse practitioner, psychologist,\\noccupational therapist, licensed mental health counselor, licensed\\nmarriage and family therapist, licensed creative arts therapist,\\nlicensed psychoanalyst, licensed behavior analyst or certified behavior\\nanalyst assistant may use the titles \"licensed clinical social worker\"\\nor \"licensed master social worker\", unless licensed under this article.\\n 2. Prevent or prohibit an individual possessing a baccalaureate of\\nsocial work degree or its equivalent from the performance of activities\\nand services within the scope of practice of licensed master social work\\nas defined in paragraphs (a) and (b) of subdivision one of section\\nseventy-seven hundred one of this article under supervision by a\\nlicensed master social worker, a licensed clinical social worker or in\\naccordance with the commissioner's regulations.\\n 3. Prevent or prohibit a licensed master social worker from the\\nperformance of activities and services within the scope of practice of\\nlicensed clinical social work as defined in subdivision two of section\\nseventy-seven hundred one of this article in a facility setting and\\nunder supervision in accordance with the commissioner's regulations.\\n 4. Prevent or prohibit the performance of activities and services\\nwithin the scope of practice of licensed master social work as defined\\nin subdivision one of section seventy-seven hundred one of this article\\nby individuals, churches, schools, teachers, organizations, or\\nnot-for-profit businesses which are providing instruction, advice,\\nsupport, encouragement or information to individuals, families and\\nrelational groups.\\n 5. Prevent or prohibit the performance of activities and services\\nwithin the scope of practice of licensed master social work or licensed\\nclinical social work as defined in section seventy-seven hundred one of\\nthis article by the following:\\n (a) any individual who is credentialed under any law, including\\nattorneys, rape crisis counselors, credentialed alcoholism and substance\\nabuse counselors whose scope of practice includes the practices defined\\nin section seventy-seven hundred one of this article from performing or\\nclaiming to perform work authorized by applicable provisions of this\\nchapter and the mental hygiene law;\\n (b) provision of pastoral counseling services by any member of the\\nclergy or christian science practitioner, from providing pastoral\\ncounselling services within the context of his or her ministerial charge\\nor obligation;\\n (c) students who are enrolled in a baccalaureate of social work or\\nprofessional graduate level social work program of study, and which are\\nrequired to perform as part of the field work component of that program,\\nservices provided under the supervision of a field work supervisor\\napproved by the program;\\n (d) on the part of a student or trainee who is enrolled in an\\ninstitution or program registered by the department or accredited by an\\naccrediting organization acceptable to the department to provide\\ntraining in a discipline or profession, other than social work or\\nclinical social work, that is licensed pursuant to this title, where\\nsuch activities and services are authorized within the definition of the\\nscope of practice of the profession, or discipline in which he or she is\\nbeing trained as set forth in the education law or the commissioner's\\nregulations, provided that such services are performed under the regular\\nand ongoing supervision of a licensee in the profession or discipline in\\nwhich he or she is being trained who assumes professional responsibility\\nfor the services performed under his or her supervision and that such\\nactivities and the provision of such services are a formal part of the\\nprofessional training program in which he or she is enrolled;\\n (e) any federal, state, county or municipal employee performing\\nclinical social work services upon the effective date of this section\\nfor the period during which they maintain such employment with such\\ngovernmental unit within the context of such employment and shall be\\nlimited to the services provided upon such effective date; and\\n (f) any employee performing clinical social work services on the\\neffective date of this section for the period during which they maintain\\nsuch employment with such entity within the context of such employment,\\nand shall be limited to the services provided prior to such effective\\ndate.\\n 6. Prohibit the practice of licensed master social work or licensed\\nclinical social work, to the extent permissible within the scope of\\npractice of such professions, by any not-for-profit corporation or\\neducation corporation providing services within the state of New York\\nand operating under a waiver pursuant to section sixty-five hundred\\nthree-a of this title, provided that such entities offering licensed\\nmaster social work or licensed clinical social work services shall only\\nprovide such services through an individual appropriately licensed or\\notherwise authorized to provide such services or a professional entity\\nauthorized by law to provide such services.\\n 7. Prevent a person without a license from performing assessments such\\nas basic information collection, gathering of demographic data, and\\ninformal observations, screening and referral used for general\\neligibility for a program or service and determining the functional\\nstatus of an individual for the purpose of determining need for services\\nunrelated to a behavioral health diagnosis or treatment plan. Such\\nlicensure shall not be required to create, develop or implement a\\nservice plan unrelated to a behavioral health diagnosis or treatment\\nplan. Such service plans shall include, but are not limited to, job\\ntraining and employability, housing, general public assistance, in home\\nservices and supports or home-delivered meals, investigations conducted\\nor assessments made by adult or child protective services, adoption home\\nstudies and assessments, family service plans, transition plans and\\npermanency planning activities, de-escalation techniques, peer services\\nor skill development. A license under this article shall not be required\\nfor persons to participate as a member of a multi-disciplinary team to\\nimplement a behavioral health services or treatment plan; provided\\nhowever, that such team shall include one or more professionals licensed\\nunder this article or articles one hundred thirty-one, one hundred\\nfifty-three or one hundred sixty-three of this chapter; and provided,\\nfurther, that the activities performed by members of the team shall be\\nconsistent with the scope of practice for each team member licensed or\\nauthorized under title VIII of this chapter, and those who are not so\\nauthorized may not engage in the following restricted practices: the\\ndiagnosis of mental, emotional, behavioral, addictive and developmental\\ndisorders and disabilities; patient assessment and evaluating; the\\nprovision of psychotherapeutic treatment; the provision of treatment\\nother than psychotherapeutic treatment; and/or the development and\\nimplementation of assessment-based treatment plans as defined in section\\nseventy-seven hundred one of this article. Provided, further, that\\nnothing in this subdivision shall be construed as requiring a license\\nfor any particular activity or function based solely on the fact that\\nthe activity or function is not listed in this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7707", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7707", "activeDate" : "2014-09-22", "sequenceNo" : 1850, "repealedDate" : null, "fromSection" : "7707", "toSection" : "7707", "text" : " § 7707. Special provisions. 1. Any person who is licensed as a\\ncertified social worker on the effective date of this article shall be\\nlicensed as a licensed master social worker without meeting any\\nadditional requirements.\\n 2. Any person who possesses a master's of social work degree on the\\neffective date of this section, who has five years of post-graduate\\nsocial work employment and meets the requirements for a license pursuant\\nto this article, except for examination, and who files with the\\ndepartment within one year of the effective date of this section shall\\nbe licensed as a licensed master social worker.\\n 3. Any person who is licensed as a certified social worker on the\\neffective date of this section and who has been authorized pursuant to\\nsection three thousand two hundred twenty-one or section four thousand\\nthree hundred three of the insurance law shall be licensed as a licensed\\nclinical social worker without meeting any additional requirements.\\n 4. Any person who is licensed as a certified social worker on the\\neffective date of this section, but who has not received authorization\\npursuant to section three thousand two hundred twenty-one or four\\nthousand three hundred three of the insurance law, who files with the\\ndepartment within one year of the effective date of this section an\\napplication pursuant to subdivision two of section seventy-seven hundred\\nfour of this article, who demonstrates to the satisfaction of the\\ndepartment that they meet the experience requirements for authorization\\npursuant to section three thousand two hundred twenty-one or four\\nthousand three hundred three of the insurance law, shall be licensed as\\na licensed clinical social worker without meeting any further\\nrequirements.\\n 5. Licensed master social workers and licensed clinical social workers\\nmay use accepted classifications of signs, symptoms, dysfunctions and\\ndisorders, including, but not limited to, classifications used in the\\npractice setting for the purpose of providing mental health services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7708", "title" : "Boundaries of professional practice", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7708", "activeDate" : "2014-09-22", "sequenceNo" : 1851, "repealedDate" : null, "fromSection" : "7708", "toSection" : "7708", "text" : " § 7708. Boundaries of professional practice. Any individual whose\\nlicense or authority to practice derives from the provisions of this\\narticle shall be prohibited from:\\n 1. Prescribing or administering drugs as defined in this chapter or as\\na treatment, therapy, or professional service in the practice of his or\\nher profession; or\\n 2. Using invasive procedures as a treatment, therapy, or professional\\nservice in the practice of his or her profession. For purposes of this\\nsubdivision, \"invasive procedure\" means any procedure in which human\\ntissue is cut, altered, or otherwise infiltrated by mechanical or other\\nmeans. Invasive procedure includes surgery, lasers, ionizing radiation,\\ntherapeutic ultrasound, or electroconvulsive therapy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7709", "title" : "Hospital privileges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7709", "activeDate" : "2014-09-22", "sequenceNo" : 1852, "repealedDate" : null, "fromSection" : "7709", "toSection" : "7709", "text" : " § 7709. Hospital privileges. Nothing herein contained shall be deemed\\nto authorize, grant, or extend hospital privileges to individuals\\nlicensed under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7710", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09" ], "docLevelId" : "7710", "activeDate" : "2014-09-22", "sequenceNo" : 1853, "repealedDate" : null, "fromSection" : "7710", "toSection" : "7710", "text" : " * § 7710. Mandatory continuing education. 1. (a) Each licensed master\\nsocial worker or licensed clinical social worker required under this\\narticle to register triennially with the department to practice in this\\nstate, shall comply with the provisions of mandatory continuing\\neducation requirements prescribed in subdivision two of this section,\\nexcept as set forth in paragraphs (b) and (c) of this subdivision.\\nLicensed master social workers or licensed clinical social workers who\\ndo not satisfy the mandatory continuing education requirements shall not\\npractice until they have met such requirements and they have been issued\\na registration certificate, except that a licensed master social worker\\nor licensed clinical social worker may practice without having met such\\nrequirements if he or she is issued a conditional registration\\ncertificate pursuant to subdivision three of this section.\\n (b) Each licensed master social worker or licensed clinical social\\nworker shall be exempt from the mandatory continuing education\\nrequirements for the triennial registration period during which they are\\nfirst licensed. In accordance with the intent of this section,\\nadjustment to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health that are certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed master social worker or a licensed clinical social\\nworker not engaged in practice, as determined by the department, shall\\nbe exempt from the mandatory continuing education requirement upon the\\nfiling of a statement with the department declaring such status. Any\\nlicensee who returns to the practice of social work during the triennial\\nregistration period shall notify the department prior to reentering the\\nprofession and shall meet such mandatory education requirements as shall\\nbe prescribed by regulations of the commissioner.\\n (d) A licensed clinical social worker who is also licensed and\\nregistered to practice as a licensed master social worker in the same\\ntriennial registration period, shall not be required to complete more\\nthan thirty-six hours of continuing education in the triennial\\nregistration period, or one hour per month for a registration period\\nother than thirty-six months.\\n 2. During each triennial registration period an applicant for\\nregistration as a licensed master social worker or licensed clinical\\nsocial worker shall complete a minimum of thirty-six hours of acceptable\\nformal continuing education. Any licensed master social worker or\\nlicensed clinical social worker whose first registration date following\\nthe effective date of this section occurs less than three years from\\nsuch effective date, but on or after January first, two thousand\\nfifteen, shall complete continuing education hours on a prorated basis\\nat the rate of one hour per month for the period beginning January\\nfirst, two thousand fifteen up to the first registration date\\nthereafter. A licensee who has not satisfied the mandatory continuing\\neducation requirement shall not be issued a triennial registration\\ncertificate by the department and shall not practice unless and until a\\nconditional registration is issued as provided for in subdivision three\\nof this section. Continuing education hours taken during one triennium\\nmay not be transferred to the subsequent triennium.\\n 3. (a) The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices without such registration may be subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis title.\\n (b) For purposes of this section \"acceptable formal education\" shall\\nmean formal courses of learning which contribute to professional\\npractice in social work and which meet the standards prescribed by\\nregulations of the commissioner. Such formal courses of learning shall\\ninclude, but not be limited to, collegiate level credit and non-credit\\ncourses, professional development programs and technical sessions\\noffered by national, state and local professional associations and other\\norganizations acceptable to the department, and any other organized\\neducational and technical programs acceptable to the department.\\nContinuing education courses must be taken from a provider who has been\\napproved by the department, based upon an application and fee, pursuant\\nto the regulations of the commissioner. The department may, in its\\ndiscretion and as needed to contribute to the health and welfare of the\\npublic, require the completion of continuing education courses in\\nspecific subjects to fulfill this mandatory continuing education\\nrequirement. Licensed master social workers or licensed clinical social\\nworkers shall maintain adequate documentation of completion of\\nacceptable formal continuing education and shall provide such\\ndocumentation at the request of the department. Failure to provide such\\ndocumentation upon the request of the department shall be an act of\\nmisconduct subject to disciplinary proceedings pursuant to section\\nsixty-five hundred ten of this title.\\n (c) The mandatory continuing education fee shall be determined by the\\ndepartment. Such fee shall be payable on or before the first day of each\\ntriennial registration period, and shall be paid in addition to the\\ntriennial registration fee required by paragraph (g) of subdivision one\\nand paragraph (g) of subdivision two of section seventy-seven hundred\\nfour of this article.\\n * NB Effective January 1, 2015\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A155", "title" : "Massage Therapy", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "155", "activeDate" : "2014-09-22", "sequenceNo" : 1854, "repealedDate" : null, "fromSection" : "7800", "toSection" : "7807", "text" : " ARTICLE 155\\n MASSAGE THERAPY\\nSection 7800. Introduction.\\n 7801. Definition of practice of massage therapy.\\n 7802. Practice of massage therapy and use of title \"masseur\",\\n \"masseuse\" or \"massage therapist\" or the term \"massage\"\\n or \"massage therapy\".\\n 7803. State board for massage therapy.\\n 7804. Requirements for a professional license.\\n 7805. Exempt persons.\\n 7806. Limited permits.\\n 7807. Mandatory continuing education.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7800", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7800", "activeDate" : "2014-09-22", "sequenceNo" : 1855, "repealedDate" : null, "fromSection" : "7800", "toSection" : "7800", "text" : " § 7800. Introduction. This article applies to the profession of\\nmassage therapy. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7801", "title" : "Definition of practice of massage therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7801", "activeDate" : "2014-09-22", "sequenceNo" : 1856, "repealedDate" : null, "fromSection" : "7801", "toSection" : "7801", "text" : " § 7801. Definition of practice of massage therapy. The practice of the\\nprofession of massage therapy is defined as engaging in applying a\\nscientific system of activity to the muscular structure of the human\\nbody by means of stroking, kneading, tapping and vibrating with the\\nhands or vibrators for the purpose of improving muscle tone and\\ncirculation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7802", "title" : "Practice of massage therapy and use of title \"masseur\", \"masseuse\" or \"massage therapist\" or the term \"massage\" or \"massage therapy\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7802", "activeDate" : "2014-09-22", "sequenceNo" : 1857, "repealedDate" : null, "fromSection" : "7802", "toSection" : "7802", "text" : " § 7802. Practice of massage therapy and use of title \"masseur\",\\n\"masseuse\" or \"massage therapist\" or the term \"massage\" or \"massage\\ntherapy\". Only a person licensed or authorized pursuant to this chapter\\nshall practice massage therapy and only a person licensed under this\\narticle shall use the title \"masseur\", \"masseuse\" or \"massage\\ntherapist\". No person, firm, partnership or corporation claiming to be\\nengaged in the practice of massage or massage therapy shall in any\\nmanner describe, advertise, or place any advertisement for services as\\ndefined in section seventy-eight hundred one of this article unless such\\nservices are performed by a person licensed or authorized pursuant to\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7803", "title" : "State board for massage therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7803", "activeDate" : "2014-09-22", "sequenceNo" : 1858, "repealedDate" : null, "fromSection" : "7803", "toSection" : "7803", "text" : " § 7803. State board for massage therapy. A state board for massage\\ntherapy shall be appointed by the board of regents on recommendation of\\nthe commissioner for the purpose of assisting the board of regents and\\nthe department on matters of professional licensing and professional\\nconduct in accordance with section sixty-five hundred eight of this\\ntitle. The board shall be composed of not less than seven persons, four\\nof whom shall have been engaged in the teaching, research, or practice\\nof massage therapy for at least three years. The remaining three\\nmembers of the board shall be physicians licensed in this state. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7804", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "7804", "activeDate" : "2014-09-22", "sequenceNo" : 1859, "repealedDate" : null, "fromSection" : "7804", "toSection" : "7804", "text" : " § 7804. Requirements for a professional license. To qualify for a\\nlicense as a massage therapist, masseur or masseuse, an applicant shall\\nfulfill the following requirements:\\n (1) Application: file an application with the department;\\n (2) Education: have received an education, including high school\\ngraduation and graduation from a school or institute of massage therapy\\nwith a program registered by the department, or its substantial\\nequivalent in both subject matter and extent of training, provided that\\nthe program in such school or institute shall consist of classroom\\ninstruction of a total of not less than five hundred hours in subjects\\nsatisfactory to the department;\\n (3) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Age: be at least eighteen years of age;\\n (5) Citizenship or immigration status: be a United States citizen or\\nan alien lawfully admitted for permanent residence in the United States;\\n (6) Character: be of good moral character as determined by the\\ndepartment; and\\n (7) Fees: pay a fee of one hundred fifteen dollars to the department\\nfor admission to a department conducted examination and for an initial\\nlicense, a fee of forty-five dollars for each reexamination, a fee of\\nfifty dollars for an initial license for persons not requiring admission\\nto a department conducted examination, and a fee of fifty dollars for\\neach triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7805", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-03-20" ], "docLevelId" : "7805", "activeDate" : "2014-09-22", "sequenceNo" : 1860, "repealedDate" : null, "fromSection" : "7805", "toSection" : "7805", "text" : " § 7805. Exempt persons. Nothing contained in this article shall be\\nconstrued to prohibit:\\n 1. The practice of massage therapy by any person who is authorized to\\npractice medicine, nursing, osteopathy, physiotherapy, chiropractic, or\\npodiatry in accordance with the provisions of this title.\\n 2. The practice of that massage which is customarily given in barber\\nshops or beauty parlors for the purpose of beautification by any\\nlicensed barber or beauty culturist.\\n 3. The practice of massage therapy by any person employed in a medical\\ninstitution licensed or chartered by the state of New York, provided\\nthat such person is under the on-site supervision of a person licensed\\nto practice massage therapy or authorized to practice massage therapy by\\nsubdivision one of this section, or by any person enrolled in a program\\nof a school or institute of massage therapy registered by the\\ndepartment, or enrolled in a program which satisfies the requirements of\\nsection seventy-eight hundred four of this article, provided that such\\nperson is under the on-site supervision of a person licensed to practice\\nmassage therapy or authorized to practice massage therapy by subdivision\\none of this section.\\n 4. The practice of massage therapy by any person duly employed as a\\ntrainer by a professional athletic association, club or team, or as a\\nmember of the physical education department of an accredited university,\\ncollege or high school.\\n 5. The practice of massage therapy by any person employed by a\\ncorporation or association organized exclusively for the moral or mental\\nimprovement of men, women or children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7806", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7806", "activeDate" : "2014-09-22", "sequenceNo" : 1861, "repealedDate" : null, "fromSection" : "7806", "toSection" : "7806", "text" : " § 7806. Limited permits. 1. The department may issue a limited permit\\nto practice massage therapy as a licensed massage therapist, masseur or\\nmasseuse to a person who has not previously held such a permit and who\\nfulfills all except the examination and citizenship requirements for a\\nlicense, provided however that a permit shall not be issued to a person\\nwho has failed the state licensing examination.\\n 2. The limited permit shall be valid for a period of not more than\\ntwelve months or until the results of the next licensing examination for\\nwhich the person is eligible are officially available, whichever comes\\nfirst.\\n 3. A limited permit shall entitle the holder to practice massage\\ntherapy only under the personal supervision of a person currently\\nlicensed and registered to practice massage therapy in this state.\\n 4. The fee for a limited permit shall be thirty-five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7807", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7807", "activeDate" : "2014-09-22", "sequenceNo" : 1862, "repealedDate" : null, "fromSection" : "7807", "toSection" : "7807", "text" : " § 7807. Mandatory continuing education. 1. (a) Each massage therapist\\nlicensed pursuant to this article required to register triennially with\\nthe department to practice in the state shall comply with the provisions\\nof the mandatory continuing education requirements prescribed in\\nsubdivision two of this section except as set forth in paragraphs (b)\\nand (c) of this subdivision. Massage therapists who do not satisfy the\\nmandatory continuing education requirements shall not practice until\\nthey have met such requirements, and they have been issued a\\nregistration certificate, except that a massage therapist may practice\\nwithout having met such requirements if he or she is issued a\\nconditional registration certificate pursuant to subdivision three of\\nthis section.\\n (b) Massage therapists shall be exempt from the mandatory continuing\\neducation requirement for the triennial registration period during which\\nthey are first licensed. In accord with the intent of this section,\\nadjustments to the mandatory continuing education requirement may be\\ngranted by the department for reasons of health certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed massage therapist not engaged in professional practice,\\nas determined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to the\\npractice of massage therapy during the triennial registration period\\nshall notify the department prior to reentering the profession and shall\\nmeet such mandatory education requirements as shall be prescribed by\\nregulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration as a massage therapist shall complete a minimum of\\nthirty-six hours of acceptable formal continuing education, a maximum of\\ntwelve hours of which may be self-instructional course work acceptable\\nto the department. Any massage therapist whose first registration date\\nfollowing the effective date of this section occurs less than three\\nyears from such effective date, shall complete continuing education\\nhours on a prorated basis at the rate of one hour per month for the\\nperiod beginning January first, two thousand twelve up to the first\\nregistration date thereafter. A licensee who has not satisfied the\\nmandatory continuing education requirements shall not be issued a\\ntriennial registration certificate by the department and shall not\\npractice unless and until a conditional registration certificate is\\nissued as provided for in subdivision three of this section, or until he\\nor she has otherwise met the requirements of this section.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices without such registration, may be subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis chapter.\\n 4. As used in subdivision two of this section, \"acceptable formal\\ncontinuing education\" may mean formal programs of learning which\\ncontribute to professional practice in massage therapy which are offered\\nby sponsors of massage therapy continuing education approved by the\\ndepartment in consultation with the state board for massage therapy, to\\nfulfill the mandatory continuing education requirement. Sponsors of\\nmassage therapy continuing education may include, but are not limited\\nto, state or national professional associations established to further\\nthe massage therapy profession, and may include any affiliates of\\ninternational massage therapy conferences at which professional\\ncontinuing education is a major component of such conferences, as well\\nas programs registered as licensure-qualifying for the profession of\\nmassage therapy by the department. Sponsors of massage therapy shall\\nfile an application with the department and pay a fee of nine hundred\\ndollars. While presenters of didactic instruction may be provided by\\npersons who are not licensed by the state of New York as massage\\ntherapists, the practical application of such modalities and techniques\\nmust be done by licensed massage therapists, or those otherwise\\nauthorized, when this continuing education occurs in the state of New\\nYork.\\n 5. Massage therapists shall maintain adequate documentation of\\ncompletion of acceptable formal continuing education and shall provide\\nsuch documentation at the request of the department. Failure to provide\\nsuch documentation upon the request of the department shall be an act of\\nmisconduct subject to disciplinary proceedings pursuant to section\\nsixty-five hundred ten of this chapter.\\n 6. The mandatory continuing education fee shall be forty-five dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section seventy-one hundred twenty-four of\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A156", "title" : "Occupational Therapy", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-11-27", "2017-08-18" ], "docLevelId" : "156", "activeDate" : "2014-09-22", "sequenceNo" : 1863, "repealedDate" : null, "fromSection" : "7900", "toSection" : "7908", "text" : " ARTICLE 156\\n OCCUPATIONAL THERAPY\\nSection 7900. Introduction.\\n 7901. Definition.\\n 7902. Practice of occupational therapy and use of title\\n \"occupational therapist\".\\n 7903. State board for occupational therapy.\\n 7904. Requirements for a professional license.\\n 7905. Limited permits.\\n 7906. Exempt persons.\\n 7907. Special conditions.\\n 7908. Mandatory continuing competency.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7900", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7900", "activeDate" : "2014-09-22", "sequenceNo" : 1864, "repealedDate" : null, "fromSection" : "7900", "toSection" : "7900", "text" : " § 7900. Introduction. This article applies to the profession of\\noccupational therapy. The general provisions for all professions\\ncontained in article one hundred thirty of this title apply to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7901", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-11-25", "2023-03-24" ], "docLevelId" : "7901", "activeDate" : "2014-09-22", "sequenceNo" : 1865, "repealedDate" : null, "fromSection" : "7901", "toSection" : "7901", "text" : " § 7901. Definition. The practice of the profession of occupational\\ntherapy is defined as the functional evaluation of the client, the\\nplanning and utilization of a program of purposeful activities, the\\ndevelopment and utilization of a treatment program, and/or consultation\\nwith the client, family, caregiver or organization in order to restore,\\ndevelop or maintain adaptive skills, and/or performance abilities\\ndesigned to achieve maximal physical, cognitive and mental functioning\\nof the client associated with his or her activities of daily living and\\ndaily life tasks. A treatment program designed to restore function,\\nshall be rendered on the prescription or referral of a physician, nurse\\npractitioner or other health care provider acting within his or her\\nscope of practice pursuant to this title. However, nothing contained in\\nthis article shall be construed to permit any licensee hereunder to\\npractice medicine or psychology, including psychotherapy or to otherwise\\nexpand such licensee's scope of practice beyond what is authorized by\\nthis chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7902", "title" : "Practice of occupational therapy and use of title \"occupational therapist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7902", "activeDate" : "2014-09-22", "sequenceNo" : 1866, "repealedDate" : null, "fromSection" : "7902", "toSection" : "7902", "text" : " § 7902. Practice of occupational therapy and use of title\\n\"occupational therapist\". Only a person licensed or otherwise authorized\\nto practice under this article shall practice occupational therapy or\\nuse the title \"occupational therapist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7903", "title" : "State board for occupational therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-05-20", "2017-08-18" ], "docLevelId" : "7903", "activeDate" : "2014-09-22", "sequenceNo" : 1867, "repealedDate" : null, "fromSection" : "7903", "toSection" : "7903", "text" : " § 7903. State board for occupational therapy. A state board for\\noccupational therapy shall be appointed by the board of regents on the\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of professional licensing\\nand professional conduct in accordance with section sixty-five hundred\\neight of this title. The board shall be composed of not less than seven\\nlicensed occupational therapists, one physician, and two members of the\\npublic who are not licensed under this title. An executive secretary to\\nthe board shall be appointed by the board of regents on recommendation\\nof the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7904", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-29", "2016-11-25", "2017-08-18" ], "docLevelId" : "7904", "activeDate" : "2014-09-22", "sequenceNo" : 1868, "repealedDate" : null, "fromSection" : "7904", "toSection" : "7904", "text" : " § 7904. Requirements for a professional license. To qualify for a\\nlicense as an occupational therapist, an applicant shall fulfill the\\nfollowing requirements:\\n (1) File an application with the department.\\n (2) Have satisfactorily completed an approved occupational therapy\\ncurriculum in a baccalaureate or masters program, or a certificate\\nprogram satisfactory to the department which is substantially equivalent\\nto a baccalaureate degree program, in accordance with the commissioner's\\nregulations.\\n (3) Have a minimum of six months of supervised occupational therapy\\nexperience which supervision and experience shall be satisfactory to the\\nboard of occupational therapy and in accordance with the commissioner's\\nregulations.\\n (4) Pass an examination satisfactory to the board of occupational\\ntherapy and in accordance with the commissioner's regulations.\\n (5) Be at least twenty-one years of age.\\n (6) Meet no requirements as to United States citizenship.\\n (7) Be of good moral character as determined by the department.\\n (8) Pay a fee of one hundred forty dollars to the department for\\nadmission to a department conducted examination and for an initial\\nlicense, a fee of seventy dollars for each re-examination, a fee of one\\nhundred fifteen dollars for an initial license for persons not requiring\\nadmission to a department conducted examination, and a fee of one\\nhundred fifty-five dollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7905", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-05-20", "2017-08-18" ], "docLevelId" : "7905", "activeDate" : "2014-09-22", "sequenceNo" : 1869, "repealedDate" : null, "fromSection" : "7905", "toSection" : "7905", "text" : " § 7905. Limited permits. Permits limited as to eligibility, practice,\\nand duration, shall be issued by the department to eligible applicants,\\nas follows:\\n (1) The following persons shall be eligible for a limited permit:\\n (a) An occupational therapist who has graduated from an occupational\\ntherapy curriculum with a baccalaureate degree or certificate in\\noccupational therapy which is substantially equivalent to a\\nbaccalaureate degree satisfactory to the board of occupational therapy\\nand in accordance with the commissioner's regulations; or\\n (b) A foreign occupational therapist who is in this country on a\\nnon-immigration visa for the continuation of occupational therapy study,\\npursuant to the exchange student program of the United States Department\\nof State.\\n (c) An occupational therapy assistant who has graduated from an\\naccredited occupational therapy assistant curriculum with an associate's\\ndegree satisfactory to the board of occupational therapy and in\\naccordance with the commissioner's regulations.\\n (2) A limited permittee shall be authorized to practice occupational\\ntherapy, or in the case of a limited permit issued pursuant to paragraph\\n(c) of subdivision one of this section, practice under the exemption\\nestablished pursuant to subdivision seven of section seventy-nine\\nhundred six of this article, only under the direct supervision of a\\nlicensed occupational therapist or a licensed physician and shall\\npractice only in a public, voluntary, or proprietary hospital, health\\ncare agency or in a preschool or an elementary or secondary school for\\nthe purpose of providing occupational therapy as a related service for a\\nhandicapped child.\\n For purposes of this subdivision, supervision of an individual with a\\nlimited permit to practice occupational therapy issued by the department\\nshall be direct supervision as defined by the commissioner's\\nregulations.\\n (3) A limited permit shall be valid for one year. It may be renewed\\nonce for a period not to exceed one additional year, at the discretion\\nof the department, upon the submission of an explanation satisfactory to\\nthe department for an applicant's failure to become licensed within the\\noriginal one-year period.\\n (4) The fee for a limited permit shall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7906", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-05-20", "2017-08-18" ], "docLevelId" : "7906", "activeDate" : "2014-09-22", "sequenceNo" : 1870, "repealedDate" : null, "fromSection" : "7906", "toSection" : "7906", "text" : " § 7906. Exempt persons. This article shall not be construed to affect\\nor prevent the following, provided that no title, sign, card or device\\nshall be used in such manner as to tend to convey the impression that\\nthe person rendering such service is a licensed occupational therapist:\\n (1) A licensed physician from practicing his or her profession as\\ndefined under article one hundred thirty-one and article one hundred\\nthirty-one-B of this title.\\n (2) Qualified members of other licensed or legally recognized\\nprofessions from performing work incidental to the practice of their\\nprofession, except that such persons may not hold themselves out under\\nthe title occupational therapist or as performing occupational therapy.\\n (3) A student from engaging in clinical practice as part of an\\naccredited program in occupational therapy, pursuant to subdivision\\nthree of section seventy-nine hundred four of this article.\\n (4) An occupational therapy assistant student from engaging in\\nclinical practice under the direction and supervision of an occupational\\ntherapist or an occupational therapy assistant who has obtained\\nauthorization pursuant to subdivision seven of this section, and who is\\nunder the supervision of an occupational therapist, as part of an\\naccredited occupational therapy assistant program, as defined by the\\ncommissioner and in accordance with the commissioner's regulations.\\n (5) The care of the sick by any person, provided such person is\\nemployed primarily in a domestic capacity. This shall not authorize the\\ntreatment of patients in a home care service of any hospital, clinic,\\ninstitution or agency.\\n (6) An employee of a federal agency from using the title or practicing\\nas an occupational therapist insofar as such activities are required by\\nhis salaried position and the use of such title shall be limited to such\\nemployment.\\n (7) Occupational therapy assistants, as defined by the commissioner,\\nauthorized by the department, and under the direction and supervision of\\na licensed occupational therapist or a licensed physician. In the case\\nof those working under a licensed physician such exemption shall apply\\nonly in a public, voluntary or proprietary hospital or health or home\\ncare agency. Such authorization shall be issued to individuals who have\\nmet standards, including those relating to education, experience,\\nexamination and character, as promulgated in regulations of the\\ncommissioner. Such authorization shall be subject to full disciplinary\\nand regulatory authority of the board of regents and the state education\\ndepartment, pursuant to this title, as if such authorization were a\\nprofessional license issued under this article. The application fee for\\nsuch authorization shall be established in regulation by the board of\\nregents. Each authorized occupational therapy assistant shall register\\nwith the department every three years and shall pay a registration fee\\nestablished in regulation by the board of regents.\\n (8) The following people from working under the direct supervision of\\na licensed occupational therapist:\\n An individual employed by the state or municipal government at the\\neffective date of this article who performs supportive services in\\noccupational therapy solely for the time such person continues in that\\nemployment.\\n (9) Any occupational therapist who is licensed in another state,\\nUnited States possession or country or who has received at least a\\nbaccalaureate degree or its equivalent in occupational therapy and who\\nis either in this state for the purposes of (a) consultation, provided\\nsuch practice is limited to such consultation; or (b) an occupational\\ntherapist authorized to practice in another state or country from\\nconducting a teaching clinical demonstration in connection with a\\nprogram of basic clinical education, graduate education or post graduate\\neducation in an approved school of occupational therapy or its\\naffiliated clinical facility or health care agency or before a group of\\nlicensed occupational therapists; or (c) because he or she resides near\\na border of this state, provided such practice is limited in this state\\nto the vicinity of such border and said occupational therapist does not\\nmaintain an office or place to meet patients or receive calls in this\\nstate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7907", "title" : "Special conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-05-20", "2017-08-18" ], "docLevelId" : "7907", "activeDate" : "2014-09-22", "sequenceNo" : 1871, "repealedDate" : null, "fromSection" : "7907", "toSection" : "7907", "text" : " § 7907. Special conditions. (1) A person who on the effective date of\\nthis article:\\n (a) submits evidence of a minimum of three years experience with\\ntraining satisfactory to the board in occupational therapy and in\\naccordance with the regulations of the commissioner; or\\n (b) a baccalaureate degree or its equivalent in occupational therapy,\\nshall be licensed upon the filing of an application with the department\\nwithin six months of the effective date of this article.\\n (2) A person who on the effective date of the chapter of the laws of\\ntwo thousand eleven which added this subdivision has a current\\nregistration with the department as an occupational therapy assistant,\\nif such person meets the requirements for an authorization established\\nwithin this article, except for examination, the department shall issue\\nan authorization without examination.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "7908", "title" : "Mandatory continuing competency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7908", "activeDate" : "2014-09-22", "sequenceNo" : 1872, "repealedDate" : null, "fromSection" : "7908", "toSection" : "7908", "text" : " § 7908. Mandatory continuing competency. (1)(a) Each licensed\\noccupational therapist and occupational therapy assistant required under\\nthis article to register triennially with the department to practice in\\nthe state shall comply with the provisions of the mandatory continuing\\ncompetency requirements prescribed in subdivision two of this section,\\nexcept as provided in paragraphs (b) and (c) of this subdivision.\\nOccupational therapists and occupational therapy assistants who do not\\nsatisfy the mandatory continuing competency requirements shall not be\\nauthorized to practice until they have met such requirements, and they\\nhave been issued a registration certificate, except that an occupational\\ntherapist or occupational therapy assistant may practice without having\\nmet such requirements if he or she is issued a conditional registration\\npursuant to subdivision three of this section.\\n (b) Occupational therapists and occupational therapy assistants shall\\nbe exempt from the mandatory continuing competency requirement for the\\ntriennial registration period during which they are first licensed.\\nAdjustment to the mandatory continuing competency requirements may be\\ngranted by the department for reasons of health of the licensee where\\ncertified by an appropriate health care professional, for extended\\nactive duty with the armed forces of the United States, or for other\\ngood cause acceptable to the department which may prevent compliance.\\n (c) A licensed occupational therapist or occupational therapy\\nassistant not engaged in practice, as determined by the department,\\nshall be exempt from the mandatory continuing competency requirement\\nupon the filing of a statement with the department declaring such\\nstatus. Any licensee who returns to the practice of occupational therapy\\nduring the triennial registration period shall notify the department\\nprior to reentering the profession and shall meet such mandatory\\ncontinuing competency requirements as shall be prescribed by regulations\\nof the commissioner.\\n (2) (a) During each triennial registration period an applicant for\\nregistration as an occupational therapist shall complete a minimum of\\nthirty-six hours of learning activities which contribute to continuing\\ncompetence, as specified in subdivision four of this section, provided\\nfurther that at least twenty-four hours shall be in areas of study\\npertinent to the scope of practice of occupational therapy. With the\\nexception of continuing education hours taken during the registration\\nperiod immediately preceding the effective date of this section,\\ncontinuing education hours taken during one triennium may not be\\ntransferred to a subsequent triennium.\\n (b) During each triennial registration period an applicant for\\nregistration as an occupational therapy assistant shall complete a\\nminimum of thirty-six hours of learning activities which contribute to\\ncontinuing competence as specified in subdivision four of this section,\\nprovided further that at least twenty-four hours shall be in recognized\\nareas of study pertinent to the licensee's professional scope of\\npractice of occupational therapy. With the exception of continuing\\neducation hours taken during the registration period immediately\\npreceding the effective date of this section, continuing education hours\\ntaken during one triennium may not be transferred to a subsequent\\ntriennium.\\n (c) Any occupational therapist or occupational therapy assistant whose\\nfirst registration date following the effective date of this section\\noccurs less than three years from such effective date but on or after\\nJanuary first, two thousand thirteen, shall complete continuing\\ncompetency hours on a prorated basis at the rate of one-half hour per\\nmonth for the period beginning January first, two thousand thirteen up\\nto the first registration date.\\n (d) Thereafter, a licensee who has not satisfied the mandatory\\ncontinuing competency requirements shall not be issued a triennial\\nregistration certificate by the department and shall not practice unless\\nand until a conditional registration certificate is issued as provided\\nfor in subdivision three of this section.\\n (3) The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing competency\\nrequirements established in subdivision two of this section, but who\\nagrees to make up any deficiencies and complete any additional learning\\nactivities which the department may require. The fee for such a\\nconditional registration shall be the same as, and in addition to, the\\nfee for the triennial registration. The duration of such conditional\\nregistration shall be determined by the department but shall not exceed\\none year. Any licensee who is notified of the denial of registration for\\nfailure to submit evidence, satisfactory to the department, of required\\ncontinuing competency learning activities and who practices without such\\nregistration, may be subject to disciplinary proceedings pursuant to\\nsection sixty-five hundred ten of this title.\\n (4) As used in subdivision two of this section, \"acceptable learning\\nactivities\" shall mean activities which contribute to professional\\npractice in occupational therapy, and which meet the standards\\nprescribed in the regulations of the commissioner. Such learning\\nactivities shall include, but not be limited to, collegiate level credit\\nand non-credit courses, self-study activities, independent study, formal\\nmentoring activities, publications in professional journals,\\nprofessional development programs and technical sessions; such learning\\nactivities may be offered and sponsored by national, state and local\\nprofessional associations and other organizations or parties acceptable\\nto the department, and any other organized educational and technical\\nlearning activities acceptable to the department. The department may, in\\nits discretion and as needed to contribute to the health and welfare of\\nthe public, require the completion of continuing competency learning\\nactivities in specific subjects to fulfill this mandatory continuing\\ncompetency requirement. Learning activities must be taken from a sponsor\\napproved by the department, pursuant to the regulations of the\\ncommissioner.\\n (5) Occupational therapists and occupational therapy assistants shall\\nmaintain adequate documentation of completion of (a) a learning plan\\nthat shall record current and anticipated roles and responsibilities but\\nshall not require the records of peer review or self-assessment of\\ncompetencies, and (b) acceptable continuing competency learning\\nactivities and shall provide such documentation at the request of the\\ndepartment. Failure to provide such documentation upon request of the\\ndepartment shall be an act of misconduct subject to the disciplinary\\nproceedings pursuant to section sixty-five hundred ten of this title.\\n (6) The mandatory continuing competency fee shall be forty-five\\ndollars for occupational therapists and twenty-five dollars for\\noccupational therapy assistants, shall be payable on or before the first\\nday of each triennial registration period, and shall be paid in addition\\nto the triennial registration fee required by section seventy-nine\\nhundred four of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A157", "title" : "Dietetics and Nutrition", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "157", "activeDate" : "2014-09-22", "sequenceNo" : 1873, "repealedDate" : null, "fromSection" : "8000", "toSection" : "8006", "text" : " ARTICLE 157\\n DIETETICS AND NUTRITION\\nSection 8000. Introduction.\\n 8001. Definitions.\\n 8002. Use of titles.\\n 8003. State board for dietetics and nutrition.\\n 8004. Requirements for certification.\\n 8005. Special provisions.\\n 8006. Special conditions.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8000", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8000", "activeDate" : "2014-09-22", "sequenceNo" : 1874, "repealedDate" : null, "fromSection" : "8000", "toSection" : "8000", "text" : " § 8000. Introduction. This article applies to the use of the titles\\n\"certified dietitian\" and \"certified nutritionist\". The general\\nprovision for all professions contained in article one hundred thirty of\\nthis title shall apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8001", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8001", "activeDate" : "2014-09-22", "sequenceNo" : 1875, "repealedDate" : null, "fromSection" : "8001", "toSection" : "8001", "text" : " § 8001. Definitions. 1. Dietetics and nutrition are herein each\\ndefined as the integration and application of principles derived from\\nthe sciences of nutrition, biochemistry, physiology, food management and\\nbehavioral and social sciences to achieve and maintain people's health.\\n 2. Where the title \"certified dietitian\" or \"certified nutritionist\"\\nis used in this article it shall mean \"certified dietitian\", \"certified\\ndietician\", or \"certified nutritionist\".\\n 3. A certified dietitian or certified nutritionist is one who engages\\nin the integration and application of principles derived from the\\nsciences of nutrition, biochemistry, physiology, food management and\\nbehavioral and social sciences to achieve and maintain people's health,\\nand who is certified as such by the department pursuant to section eight\\nthousand four of this article. The primary function of a certified\\ndietitian or certified nutritionist is the provision of nutrition care\\nservices that shall include:\\n (a) Assessing nutrition needs and food patterns;\\n (b) Planning for and directing the provision of food appropriate for\\nphysical and nutrition needs; and\\n (c) Providing nutrition counseling.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8002", "title" : "Use of titles", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8002", "activeDate" : "2014-09-22", "sequenceNo" : 1876, "repealedDate" : null, "fromSection" : "8002", "toSection" : "8002", "text" : " § 8002. Use of titles. Only a person certified under this article\\nshall be authorized to use the title \"certified dietitian\", \"certified\\ndietician\", or \"certified nutritionist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8003", "title" : "State board for dietetics and nutrition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8003", "activeDate" : "2014-09-22", "sequenceNo" : 1877, "repealedDate" : null, "fromSection" : "8003", "toSection" : "8003", "text" : " § 8003. State board for dietetics and nutrition. A state board for\\ndietetics and nutrition shall be appointed by the board of regents, on\\nrecommendation of the commissioner, for the purpose of assisting the\\nboard of regents and the department on matters of certification and\\nprofessional conduct in accordance with section sixty-five hundred eight\\nof this chapter.\\n The board shall consist of not less than thirteen members, ten of whom\\nshall be certified dietitians or certified nutritionists, except that\\nthe members of the first board need not be certified but shall be\\npersons who are eligible for certification under the provisions of this\\narticle prior to their appointment to the board. The first board, with\\nrespect to members representing the profession, shall consist of five\\nmembers registered by a national dietetic association having\\nregistration standards acceptable to the department and five members who\\nare members of or registered by a national nutritional association\\nhaving membership and/or registration standards acceptable to the\\ndepartment. Thereafter, members of the profession appointed to such\\nboard shall be certified pursuant to this article. To the extent\\nreasonable, the board of regents should insure the state board is\\nbroadly representative of various professional interests within the\\ndietetic and nutritional community. Three members shall be\\nrepresentatives of the general public. An executive secretary to the\\nboard shall be appointed by the board of regents on the recommendation\\nof the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8004", "title" : "Requirements for certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8004", "activeDate" : "2014-09-22", "sequenceNo" : 1878, "repealedDate" : null, "fromSection" : "8004", "toSection" : "8004", "text" : " § 8004. Requirements for certification. To qualify for certification,\\nan applicant shall fulfill the following requirements:\\n 1. File an application with the department;\\n 2. (a)(1) Have received an education including a bachelor's degree, or\\nits equivalent as determined by the department, in dietetics/nutrition\\nor an equivalent major course of study which shall include appropriate\\ncore curriculum courses in dietetics/nutrition from an accredited\\ncollege or university as approved by the department, in accordance with\\nthe commissioner's regulations; and\\n (2) Have completed a planned, continuous, experience component, in\\naccordance with the commissioner's regulations, in dietetic or nutrition\\npractice under the supervision of a certified dietitian or certified\\nnutritionist or a dietitian or nutritionist who is registered by or is a\\nmember of a national dietetic association or national nutrition\\nassociation having registration or membership standards acceptable to\\nthe department; such experience shall be satisfactory to the board and\\nin accordance with the commissioner's regulations; or\\n (b)(1) Have received an education including an associates degree in\\ndietetics or nutrition acceptable to the department,\\n (2) In the last fifteen years have completed ten years of experience\\nand education in the field of dietetics or nutrition satisfactory to the\\nboard in accordance with the commissioner's regulations. These ten years\\nmust be the full time equivalent of any combination of post secondary\\ndietetic or nutrition education and dietetic or nutrition work\\nexperience satisfactory to the board in accordance with the\\ncommissioner's regulations, and\\n (3) Have obtained the endorsement of three dietitians or nutritionists\\nacceptable to the department;\\n 3. Pass an examination satisfactory to the board and in accordance\\nwith the commissioner's regulations; provided that such examination\\nshall test a level of knowledge and experience equivalent to that\\nobtained by an individual satisfactorily meeting the requirements of\\nparagraph (a) of subdivision two of this section;\\n 4. Pay a fee of one hundred seventy-five dollars to the department for\\nadmission to a department conducted examination and for initial\\ncertification, a fee of eighty-five dollars for each reexamination, a\\nfee of one hundred fifteen dollars for an initial certification for\\npersons not requiring admission to a department conducted examination, a\\nfee of one hundred fifty-five dollars for each triennial registration\\nperiod;\\n 5. Be at least eighteen years of age.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8005", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8005", "activeDate" : "2014-09-22", "sequenceNo" : 1879, "repealedDate" : null, "fromSection" : "8005", "toSection" : "8005", "text" : " § 8005. Special provisions. Nothing contained in this article shall\\nbe deemed to alter, modify or impair any conditions of employment\\nrelating to service in the federal government, the state of New York,\\nits political subdivisions, including school districts, or special\\ndistricts and authorities or any facilities or institutions under the\\njurisdiction of or subject to the certification of any agency of the\\nstate of New York or its political subdivisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8006", "title" : "Special conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8006", "activeDate" : "2014-09-22", "sequenceNo" : 1880, "repealedDate" : null, "fromSection" : "8006", "toSection" : "8006", "text" : " § 8006. Special conditions. A person shall be certified without\\nexamination provided that, within three years of the effective date of\\nthis article, the individual:\\n 1. files an application and pays the appropriate fees to the\\ndepartment; and\\n 2. (a) is registered as a dietitian or nutritionist by a national\\ndietetic or national nutrition association having registration standards\\nacceptable to the department;\\n (b) meets the requirements of subparagraph one of paragraph (a) of\\nsubdivision two and subdivision five of section eight thousand four of\\nthis article and has been actively engaged in the provision of nutrition\\ncare services for a minimum of three years during the five years\\nimmediately preceding the effective date of this article; or\\n (c) meets all the requirements of paragraph (b) of subdivision two and\\nsubdivision five of section eight thousand four of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A159", "title" : "Speech-language Pathologists and Audiologists", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-08-25" ], "docLevelId" : "159", "activeDate" : "2014-09-22", "sequenceNo" : 1881, "repealedDate" : null, "fromSection" : "8200", "toSection" : "8209", "text" : " ARTICLE 159\\n SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS\\nSection 8200. Introduction.\\n 8201. Definition of practice of speech-language pathology.\\n 8202. Practice of speech-language pathology.\\n 8203. Definition of practice of audiology.\\n 8204. Practice of audiology.\\n 8205. State board for speech-language pathology and audiology.\\n 8206. Requirements for a professional license.\\n 8207. Exempt persons.\\n 8208. Special provisions.\\n 8209. Mandatory continuing competency.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8200", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8200", "activeDate" : "2014-09-22", "sequenceNo" : 1882, "repealedDate" : null, "fromSection" : "8200", "toSection" : "8200", "text" : " § 8200. Introduction. This article applies to the professions of\\nspeech-language pathology and audiology. The general provisions for all\\nprofessions contained in article one hundred thirty of this title apply\\nto this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8201", "title" : "Definition of practice of speech-language pathology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8201", "activeDate" : "2014-09-22", "sequenceNo" : 1883, "repealedDate" : null, "fromSection" : "8201", "toSection" : "8201", "text" : " § 8201. Definition of practice of speech-language pathology. The\\npractice of the profession of speech-language pathology shall mean the\\napplication of principles, methods and procedures of measurement,\\nprediction, non-medical diagnosis, testing, counselling, consultation,\\nrehabilitation and instruction related to the development and disorders\\nof speech, voice, swallowing, and/or language for the purpose of\\npreventing, ameliorating or modifying such disorder conditions in\\nindividuals and/or groups of individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8202", "title" : "Practice of speech-language pathology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8202", "activeDate" : "2014-09-22", "sequenceNo" : 1884, "repealedDate" : null, "fromSection" : "8202", "toSection" : "8202", "text" : " § 8202. Practice of speech-language pathology. Only a person licensed\\nor otherwise authorized under this article shall practice\\nspeech-language pathology or use the title of speech-language\\npathologist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8203", "title" : "Definition of practice of audiology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8203", "activeDate" : "2014-09-22", "sequenceNo" : 1885, "repealedDate" : null, "fromSection" : "8203", "toSection" : "8203", "text" : " § 8203. Definition of practice of audiology. The practice of the\\nprofession of audiology shall mean the application of principles,\\nmethods and procedures of measurement, testing, evaluation,\\nconsultation, counselling, instruction and habilitation or\\nrehabilitation related to hearing and its disorders, related\\ncommunication impairments and vestibular disorders for the purpose of\\nnon-medical diagnosis, prevention, identification, amelioration or\\nmodification of such disorders and conditions in individuals and/or\\ngroups of individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8204", "title" : "Practice of audiology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8204", "activeDate" : "2014-09-22", "sequenceNo" : 1886, "repealedDate" : null, "fromSection" : "8204", "toSection" : "8204", "text" : " § 8204. Practice of audiology. Only a person licensed or otherwise\\nauthorized under this article shall practice audiology or use the title\\naudiologist.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8205", "title" : "State board for speech-language pathology and audiology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8205", "activeDate" : "2014-09-22", "sequenceNo" : 1887, "repealedDate" : null, "fromSection" : "8205", "toSection" : "8205", "text" : " § 8205. State board for speech-language pathology and audiology. A\\nstate board for speech-language pathology and audiology shall be\\nappointed by the board of regents on recommendation of the commissioner\\nfor the purpose of assisting the board of regents and the department on\\nmatters of professional licensing and professional conduct in accordance\\nwith section sixty-five hundred eight of this title. The board shall\\nconsist of not less than seven members, three of whom shall be\\naudiologists and four of whom shall be speech-language pathologists.\\nEach speech-language pathologist and audiologist on the board shall be\\nlicensed and have practiced in this state for at least five years, as\\nprovided under this article except that the members of the first board\\nneed not be licensed prior to their appointment to the board. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8206", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8206", "activeDate" : "2014-09-22", "sequenceNo" : 1888, "repealedDate" : null, "fromSection" : "8206", "toSection" : "8206", "text" : " § 8206. Requirements for a professional license. To qualify for a\\nlicense as a speech-language pathologist or audiologist, an applicant\\nshall fulfill the following requirements.\\n (1) Application: file an application with the department;\\n (2) Education: have obtained at least a Masters degree in\\nspeech-language pathology and/or audiology or its equivalent, as\\ndetermined by the department, in accordance with the commissioner's\\nregulations;\\n (3) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (5) Age: be at least twenty-one years of age;\\n (6) Character: be of good moral character as determined by the\\ndepartment; and\\n (7) Fees: pay a fee of one hundred forty dollars to the department for\\nadmission to a department conducted examination and for an initial\\nlicense, a fee of seventy dollars for each reexamination, a fee of one\\nhundred fifteen dollars for an initial license for persons not requiring\\nadmission to a department conducted examination, and a fee of one\\nhundred fifty-five dollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8207", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8207", "activeDate" : "2014-09-22", "sequenceNo" : 1889, "repealedDate" : null, "fromSection" : "8207", "toSection" : "8207", "text" : " § 8207. Exempt persons. This article shall not be construed as\\nprohibiting:\\n (1) The practice of any other professions licensed or registered under\\nthis title.\\n (2) Any person employed by the federal, state or a local government or\\nby a public or non-public elementary or secondary school or an\\ninstitution of higher learning from performing the duties of a\\nspeech-language pathologist, an audiologist, a teacher of the speech and\\nhearing handicapped, or a teacher of the deaf in the course of such\\nemployment.\\n (3) Any person from engaging in clinical or academic practice under\\nthe supervision of a licensed speech-language pathologist or audiologist\\nfor such period of time as may be necessary to complete an experience\\nrequirement for a professional license, as provided in this article and\\nin rules or regulations approved by the board of regents with the advice\\nof the state board for speech-language pathology and audiology.\\n (4) A person from another state from performing speech-language\\npathology or audiology services in this state provided such services are\\nperformed for no more than thirty days in any calendar year and provided\\nthat such services are performed in conjunction with and/or under the\\nsupervision of a speech-language pathologist or audiologist licensed\\nunder this article.\\n (5) Any hearing aid dealer from performing hearing measurements by\\nmeans of an audiometer or other testing equipment when used solely for\\nthe purpose of selecting, fitting, selling or dispensing an instrument\\ndesigned to aid or improve human hearing, including the taking of\\nimpressions for the making and fitting of ear molds and the\\ndemonstration of use and instructions of persons in the use of such\\nhearing aids and accessories thereto.\\n (6) A student from engaging in clinical practice, under the\\nsupervision of a licensed audiologist or a licensed speech-language\\npathologist as part of a nationally accredited program or a state\\nlicensure qualifying program in speech-language pathology or audiology,\\npursuant to subdivision three of section eighty-two hundred six of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8208", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8208", "activeDate" : "2014-09-22", "sequenceNo" : 1890, "repealedDate" : null, "fromSection" : "8208", "toSection" : "8208", "text" : " § 8208. Special provisions. (1) Every person regularly employed in\\nteaching or working as a speech-language pathologist or audiologist for\\nnot less than two years prior to the effective date of this article\\nshall be issued a license by the department, if he is a person of good\\nmoral character; twenty-one years or older, has been engaged in such\\npractice in the state for at least two years in accordance with\\nregulations of the commissioner of education, and possesses\\n (a) the American Speech-Language-Hearing Association certificate of\\nclinical competence in speech-language pathology and/or audiology, or\\nthe equivalent thereof as determined by the board in accordance with the\\ncommissioner's regulations; or\\n (b) a masters degree in speech-language pathology, audiology or\\ncommunication disorders appropriate to the license being sought and a\\ntotal of five years experience; or\\n (c) a bachelors degree in speech-language pathology, audiology or\\ncommunication disorders appropriate to the license being sought and\\nthirty postgraduate semester hours in subjects satisfactory to the board\\nand a total of five years experience; or\\n (d) a bachelors degree and sufficient postgraduate study to be the\\nequivalent of a masters degree in speech-language pathology, audiology\\nor communication disorders as determined by the board in accordance with\\nthe commissioner's regulations and a total of five years experience.\\n Applications for a license under this section shall be submitted by\\nJanuary first, nineteen hundred eighty and applicants shall have until\\nthat date to fulfill the requirements set forth by this chapter.\\n (2) This article shall not prohibit the practice of speech-language\\npathology or audiology by a corporation provided that such practice is\\ncarried on by a licensed speech-language pathologist or audiologist or\\npersons exempt under this article and a violation of this provision\\nshall be a class A misdemeanor.\\n (3) Any person or firm offering the services of a speech-language\\npathologist or audiologist shall employ only persons licensed or exempt\\nunder this article and a violation of this provision shall be a Class A\\nmisdemeanor.\\n (4) (a) The commissioner, pursuant to the recommendation of the board\\nshall promulgate regulations defining appropriate standards of conduct\\nfor the dispensing of hearing aids by licensed audiologists. Such\\nregulations shall also define continuing education requirements which\\nsuch dispensing audiologist shall meet as a condition of maintaining\\nregistration pursuant to this article.\\n (b) Audiologists engaged in the practice of dispensing hearing aids\\nshall comply with the applicable provisions of article thirty-seven-a of\\nthe general business law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8209", "title" : "Mandatory continuing competency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8209", "activeDate" : "2014-09-22", "sequenceNo" : 1891, "repealedDate" : null, "fromSection" : "8209", "toSection" : "8209", "text" : " § 8209. Mandatory continuing competency. (1)(a) Each licensed\\nspeech-language pathologist and audiologist required under this article\\nto register triennially with the department to practice in the state\\nshall comply with the provisions of the mandatory continuing competency\\nrequirements prescribed in subdivision two of this section, except as\\nprovided in paragraphs (b) and (c) of this subdivision. Speech-language\\npathologists and audiologists who do not satisfy the mandatory\\ncontinuing competency requirements shall not be authorized to practice\\nuntil they have met such requirements, and they have been issued a\\nregistration certificate, except that a speech-language pathologist or\\naudiologist may practice without having met such requirements if he or\\nshe is issued a conditional registration pursuant to subdivision three\\nof this section.\\n (b) Speech-language pathologists and audiologists shall be exempt from\\nthe mandatory continuing competency requirement for the triennial\\nregistration period during which they are first licensed. Adjustment to\\nthe mandatory continuing competency requirements may be granted by the\\ndepartment for reasons of health of the licensee where certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed speech-language pathologist or audiologist not engaged\\nin practice, as determined by the department, shall be exempt from the\\nmandatory continuing competency requirement upon the filing of a\\nstatement with the department declaring such status. Any licensee who\\nreturns to the practice of speech-language pathology or audiology during\\nthe triennial registration period shall notify the department prior to\\nreentering the profession and shall meet such mandatory continuing\\ncompetency requirements as shall be prescribed by regulations of the\\ncommissioner.\\n (2) During each triennial registration period an applicant for\\nregistration as either a speech-language pathologist or audiologist\\nshall complete a minimum of thirty hours of learning activities which\\ncontribute to continuing competence, as specified in subdivision four of\\nthis section, provided further that at least twenty hours shall be in\\nrecognized areas of study pertinent to the licensee's professional scope\\nof practice of speech language pathology and/or audiology. Any\\nspeech-language pathologist or audiologist whose first registration date\\nfollowing the effective date of this section occurs less than three\\nyears from such effective date, but on or after January first, two\\nthousand one, shall complete continuing competency hours on a prorated\\nbasis at the rate of one-half hour per month for the period beginning\\nJanuary first, two thousand one up to the first registration date.\\nThereafter, a licensee who has not satisfied the mandatory continuing\\ncompetency requirements shall not be issued a triennial registration\\ncertificate by the department and shall not practice unless and until a\\nconditional registration certificate is issued as provided for in\\nsubdivision three of this section. Continuing competency hours taken\\nduring one triennium may not be transferred to a subsequent triennium.\\n (3) The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing competency\\nrequirements established in subdivision two of this section, but who\\nagrees to make up any deficiencies and complete any additional learning\\nactivities which the department may require. The fee for such a\\nconditional registration shall be the same as, and in addition to, the\\nfee for the triennial registration. The duration of such conditional\\nregistration shall be determined by the department but shall not exceed\\none year. Any licensee who is notified of the denial of registration for\\nfailure to submit evidence, satisfactory to the department, of required\\ncontinuing competency learning activities and who practices without such\\nregistration, may be subject to disciplinary proceedings pursuant to\\nsection sixty-five hundred ten of this title.\\n (4) As used in subdivision two of this section, \"acceptable learning\\nactivities\" shall mean activities which contribute to professional\\npractice in speech-language pathology and/or audiology, and which meet\\nthe standards prescribed in the regulations of the commissioner. Such\\nlearning activities shall include, but not be limited to, collegiate\\nlevel credit and non-credit courses, self-study activities, independent\\nstudy, formal mentoring activities, publications in professional\\njournals, professional development programs and technical sessions; such\\nlearning activities may be offered and sponsored by national, state and\\nlocal professional associations and other organizations or parties\\nacceptable to the department, and any other organized educational and\\ntechnical learning activities acceptable to the department. The\\ndepartment may, in its discretion and as needed to contribute to the\\nhealth and welfare of the public, require the completion of continuing\\ncompetency learning activities in specific subjects to fulfill this\\nmandatory continuing competency requirement. For speech-language\\npathologists who are employed in school settings as teachers of the\\nspeech and hearing handicapped or as teachers of students with speech\\nand language disabilities, acceptable learning activities shall also\\ninclude professional development programs and technical sessions\\nspecific to teaching students with speech and language disabilities\\nincluding those designed to improve methods for teaching such students,\\naligned with professional development plans in accordance with\\nregulations of the commissioner and promoting the attainment of\\nstandards for such students. Learning activities must be taken from a\\nsponsor approved by the department, pursuant to the regulations of the\\ncommissioner.\\n (5) Speech-language pathologists and audiologists shall maintain\\nadequate documentation of completion of acceptable continuing competency\\nlearning activities and shall provide such documentation at the request\\nof the department. Failure to provide such documentation upon the\\nrequest of the department shall be an act of misconduct subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis title.\\n (6) The mandatory continuing competency fee shall be fifty dollars,\\nshall be payable on or before the first day of each triennial\\nregistration period, and shall be paid in addition to the triennial\\nregistration fee required by section eighty-two hundred six of this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A160", "title" : "Acupuncture", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "160", "activeDate" : "2014-09-22", "sequenceNo" : 1892, "repealedDate" : null, "fromSection" : "8210", "toSection" : "8216", "text" : " ARTICLE 160\\n ACUPUNCTURE\\nSection 8210. Introduction.\\n 8211. Definitions.\\n 8212. Practice of acupuncture and use of title \"licensed\\n acupuncturist\" or \"certified acupuncturist\".\\n 8213. State board for acupuncture.\\n 8214. Requirements for a professional license.\\n 8215. Limited permits.\\n 8216. Exemptions; waiver.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8210", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8210", "activeDate" : "2014-09-22", "sequenceNo" : 1893, "repealedDate" : null, "fromSection" : "8210", "toSection" : "8210", "text" : " § 8210. Introduction. This article applies to the profession of\\nacupuncture. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8211", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-11-11", "2017-08-18" ], "docLevelId" : "8211", "activeDate" : "2014-09-22", "sequenceNo" : 1894, "repealedDate" : null, "fromSection" : "8211", "toSection" : "8211", "text" : " § 8211. Definitions. As used in this article the following terms shall\\nhave the following meanings:\\n (1) (a) \"Profession of acupuncture\" is the treating, by means of\\nmechanical, thermal or electrical stimulation effected by the insertion\\nof needles or by the application of heat, pressure or electrical\\nstimulation at a point or combination of points on the surface of the\\nbody predetermined on the basis of the theory of the physiological\\ninterrelationship of body organs with an associated point or combination\\nof points for diseases, disorders and dysfunctions of the body for the\\npurpose of achieving a therapeutic or prophylactic effect.\\n (b) Each acupuncturist licensed pursuant to this article, shall advise\\neach patient as to the importance of consulting with a licensed\\nphysician regarding the patient's condition and shall keep on file with\\nthe patient's records, a form attesting to the patient's notice of such\\nadvice. Such form shall be in duplicate, one copy to be retained by the\\npatient, signed and dated by both the acupuncturist and the patient and\\nshall be prescribed in the following manner:\\n WE, THE UNDERSIGNED, DO AFFIRM THAT (THE PATIENT) HAS\\nBEEN ADVISED BY , (A LICENSED ACUPUNCTURIST), TO CONSULT\\nA PHYSICIAN REGARDING THE CONDITION OR CONDITIONS FOR WHICH SUCH PATIENT\\nSEEKS ACUPUNCTURE TREATMENT.\\n___________________________ ________________________\\n (Signature) Date\\n___________________________ ________________________\\n (Signature) Date\\n (2) \"Board\" is the state board for acupuncture as created by section\\neighty-two hundred thirteen of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8212", "title" : "Practice of acupuncture and use of title \"licensed acupuncturist\" or \"certified acupuncturist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8212", "activeDate" : "2014-09-22", "sequenceNo" : 1895, "repealedDate" : null, "fromSection" : "8212", "toSection" : "8212", "text" : " § 8212. Practice of acupuncture and use of title \"licensed\\nacupuncturist\" or \"certified acupuncturist\". Only a person licensed or\\nauthorized pursuant to section eighty-two hundred fourteen of this\\narticle or certified pursuant to section eighty-two hundred sixteen of\\nthis article shall practice acupuncture. Only a person licensed\\npursuant to section eighty-two hundred fourteen of this article shall\\nuse the title \"licensed acupuncturist\" and only a person certified\\npursuant to section eighty-two hundred sixteen of this article shall use\\nthe title \"certified acupuncturist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8213", "title" : "State board for acupuncture", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8213", "activeDate" : "2014-09-22", "sequenceNo" : 1896, "repealedDate" : null, "fromSection" : "8213", "toSection" : "8213", "text" : " § 8213. State board for acupuncture. (1) There is hereby established\\nwithin the department a state board for acupuncture. The board shall\\nconsist of not less than eleven members to be appointed by the board of\\nregents on the recommendation of the commissioner for the purpose of\\nassisting the board of regents and the department on matters of\\nprofessional licensing and professional conduct in accordance with\\nsection sixty-five hundred eight of this chapter, four of whom shall be\\nlicensed acupuncturists, four of whom shall be licensed physicians\\ncertified to use acupuncture and three of whom shall be public members\\nrepresenting the consumer and community. Of the acupuncturists first\\nappointed to the board, one may be a registered specialist's\\nassistant-acupuncture provided that the term of such registered\\nspecialist's assistant-acupuncture shall not be more than four years. Of\\nthe members first appointed, three shall be appointed for a one year\\nterm, three shall be appointed for a two year term and three shall be\\nappointed for a three year term, and two shall be appointed for a four\\nyear term. Thereafter all members shall serve for five year terms. In\\nthe event that more than eleven members are appointed, a majority of the\\nadditional members shall be licensed acupuncturists. The members of the\\nboard shall select one of themselves as chairman to serve for a one year\\nterm.\\n (2) An executive secretary to the board shall be appointed by the\\nboard of regents on recommendation of the commissioner.\\n (3) The board of regents and the commissioner shall promulgate such\\nrules and regulations as they deem necessary and appropriate to\\neffectuate the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8214", "title" : "Requirements for a professional license", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8214", "activeDate" : "2014-09-22", "sequenceNo" : 1897, "repealedDate" : null, "fromSection" : "8214", "toSection" : "8214", "text" : " § 8214. Requirements for a professional license. To qualify for a\\nlicense as a licensed acupuncturist an applicant shall fulfill the\\nfollowing requirements.\\n (1) Application: file an application with the department;\\n (2) Education: provide evidence of satisfactory completion of a course\\nof formal study or its substantial equivalent in accordance with the\\ncommissioner's regulations;\\n (3) Experience: have experience in accordance with the commissioner's\\nregulations;\\n (4) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations. Such examination shall\\nbe given at least once within twelve months of the effective date of\\nthis article, and at least once annually thereafter, and shall consist\\nof both written and practical parts. Either part may be given at the\\ndiscretion of the department in English and/or Chinese or other\\nlanguage. Nothing in this subdivision is to be construed to require the\\ndepartment to issue an exam in a language other than English. The\\npractical part of the exam must be directly administered by an\\nacupuncturist acceptable to the department, who may also be a member of\\nthe board. The cost of the initial examination or reexamination shall be\\nborne by the applicant in accordance with a schedule established by the\\ndepartment and approved by the director of the budget;\\n (5) Age: be at least twenty-one years of age;\\n (6) Character: be of good moral character as determined by the\\ndepartment;\\n (7) Fees: pay a fee of five hundred dollars to the department for\\ninitial licensure, and a fee of two hundred fifty dollars for each\\ntriennial registration;\\n (8) Registration: if a license is granted, register triennially with\\nthe department, including present home and business address and such\\nother pertinent information as the department requires.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8215", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8215", "activeDate" : "2014-09-22", "sequenceNo" : 1898, "repealedDate" : null, "fromSection" : "8215", "toSection" : "8215", "text" : " § 8215. Limited permits. (1) The department shall issue a limited\\npermit to an applicant who meets all requirements for admission to the\\nlicensing examination;\\n (2) All practice under a limited permit shall be under the supervision\\nof a licensed or certified acupuncturist in a public hospital, an\\nincorporated hospital or clinic, a licensed proprietary hospital, a\\nlicensed nursing home, a public health agency, the office of a licensed\\nor certified acupuncturist or in the civil service of the federal or\\nstate government;\\n (3) Limited permits shall be for one year and may be renewed at the\\ndiscretion of the department for one additional year;\\n (4) Supervision of a permittee by a licensed or certified\\nacupuncturist shall be on-site supervision and not necessarily direct\\npersonal supervision;\\n (5) No practitioner shall supervise more than one permittee;\\n (6) The fee for each limited permit and for each renewal shall be\\ndetermined by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8216", "title" : "Exemptions; waiver", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-08-21" ], "docLevelId" : "8216", "activeDate" : "2014-09-22", "sequenceNo" : 1899, "repealedDate" : null, "fromSection" : "8216", "toSection" : "8216", "text" : " § 8216. Exemptions; waiver. (1) A person who is validly registered as\\na \"specialist's assistant-acupuncture\" in accordance with section\\nsixty-five hundred forty-one of this chapter and the commissioner's\\nregulations shall not be subject to the provisions of this article;\\n (2) Any person who is validly licensed under the provisions of the\\nformer chapter nine hundred fifty-nine of the laws of nineteen hundred\\nseventy-four is deemed to be licensed pursuant to this article;\\n (3) Any person who is validly certified under the provisions of the\\nformer chapter nine hundred fifty-nine of the laws of nineteen hundred\\nseventy-four shall continue to be certified to practice acupuncture and\\nmay continue to use the title certified acupuncturist. The department\\nmay establish rules and regulations providing for the certification of\\nphysicians and dentists as acupuncturists, provided that such certified\\nacupuncturists do not represent themselves as licensed acupuncturists.\\nCertified acupuncturists seeking to become licensed acupuncturists shall\\nbe subject to all provisions of this article;\\n (4) A person who does not otherwise possess the credentials or\\nqualifications required for the practice of acupuncture prescribed by\\nthis article or the regulations promulgated hereunder or any other law\\nbut who is authorized by the division of alcoholism and alcohol abuse,\\nthe division of substance abuse services, or the department of health to\\nprovide treatment for alcoholism, substance dependence, or chemical\\ndependency in a hospital or clinical program which has been approved for\\nsuch treatment by the division of alcoholism and alcohol abuse, the\\ndivision of substance abuse services, or the department of health and\\nwho has been trained to practice acupuncture for the treatment of\\nalcoholism, substance dependence, or chemical dependency through an\\neducational program acceptable to the education department may\\nnevertheless practice acupuncture provided such practice is limited to\\nthe treatment of alcoholism, substance dependence, or chemical\\ndependency in such clinical or hospital programs, or in a program that\\nif statutorily exempt from such approval meets standards approved by the\\ndivision of alcoholism and alcohol abuse, the division of substance\\nabuse services, or the department of health, and further provided that\\nsuch practice is done in accordance with regulations promulgated by the\\ndivision of alcoholism and alcohol abuse, the division of substance\\nabuse services, or the department of health. Such person shall work only\\nunder the general supervision of a physician or dentist certified to\\npractice acupuncture or an individual licensed to practice acupuncture\\nin the state of New York pursuant to this article. Notwithstanding any\\nother law, rule or regulation to the contrary, persons authorized on or\\nbefore the effective date of this article to practice acupuncture for\\nthe treatment of alcoholism, substance dependence, or chemical\\ndependency within a hospital or clinical program which has been approved\\nfor such treatment by the division of alcoholism and alcohol abuse, the\\ndivision of substance abuse services, or the department of health may\\nnevertheless continue to practice acupuncture under the provisions of\\nthis subdivision;\\n (5) Any person who is pursuing qualification for licensure through a\\ncourse of formal study pursuant to this article may practice acupuncture\\nwithout a license, provided such practice is limited to such study;\\n (6) Any person who has completed a formal course of study or a\\ntutorial apprenticeship acceptable to the department and in accordance\\nwith the commissioner's regulations, prior to the effective date of this\\narticle, and presents satisfactory proof of such completion, shall be\\nexempt from the education requirements set forth in subdivision two of\\nsection eighty-two hundred fourteen of this article provided an\\napplication pursuant to subdivision one of section eighty-two hundred\\nfourteen of this article is filed with the department not later than one\\nyear from the effective date of this article, and in no event shall\\nparticipation in such tutorial apprenticeship or formal course of study\\nconstitute a violation of this chapter.\\n (7) Any person who is pursuing qualification for certification through\\na formal course of study in a registered program and any person\\nappointed to the faculty of such program may practice acupuncture\\nwithout a license, provided that such practice is limited to such\\nresearch, study and training.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A161", "title" : "Interior Design", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "161", "activeDate" : "2014-09-22", "sequenceNo" : 1900, "repealedDate" : null, "fromSection" : "8300", "toSection" : "8307", "text" : " ARTICLE 161\\n INTERIOR DESIGN\\nSection 8300. Application.\\n 8301. Use of the title \"certified interior designer\".\\n 8302. Signature of a certified interior designer.\\n 8303. Definition of practice of interior design.\\n 8304. State board for interior design.\\n 8305. Requirements for certification.\\n 8306. Limited permits.\\n 8307. Separability.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8300", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8300", "activeDate" : "2014-09-22", "sequenceNo" : 1901, "repealedDate" : null, "fromSection" : "8300", "toSection" : "8300", "text" : " § 8300. Application. This article applies to the use of a title by a\\ncertified interior designer. The general provisions for all professions\\ncontained in article one hundred thirty of this title apply to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8301", "title" : "Use of the title \"certified interior designer\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8301", "activeDate" : "2014-09-22", "sequenceNo" : 1902, "repealedDate" : null, "fromSection" : "8301", "toSection" : "8301", "text" : " § 8301. Use of the title \"certified interior designer\". Only a person\\ncertified pursuant to this article may use the title \"certified interior\\ndesigner\". Authorization contained within this article to use the title\\n\"certified interior designer\" shall not be construed to permit the\\npractice of engineering, as described in article one hundred forty-five\\nof this title, or the practice of architecture, as described in article\\none hundred forty-seven of this title, by persons not otherwise\\nauthorized to engage in such practices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8302", "title" : "Signature of a certified interior designer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8302", "activeDate" : "2014-09-22", "sequenceNo" : 1903, "repealedDate" : null, "fromSection" : "8302", "toSection" : "8302", "text" : " § 8302. Signature of a certified interior designer. All original\\nfinal interior design documents, plans and specifications, prepared by a\\ncertified interior designer or by a full-time or part-time subordinate\\nemployed under his or her supervision, shall be manually signed by the\\ncertified interior designer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8303", "title" : "Definition of practice of interior design", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8303", "activeDate" : "2014-09-22", "sequenceNo" : 1904, "repealedDate" : null, "fromSection" : "8303", "toSection" : "8303", "text" : " § 8303. Definition of practice of interior design. For the purposes\\nof this article, the practice of interior design is defined as rendering\\nor offering to render services for a fee or other valuable\\nconsideration, in the preparation and administration of interior design\\ndocuments (including drawings, schedules and specifications) which\\npertain to the planning and design of interior spaces including\\nfurnishings, layouts, fixtures, cabinetry, lighting, finishes,\\nmaterials, and interior construction not materially related to or\\nmaterially affecting the building systems, all of which shall comply\\nwith applicable laws, codes, regulations, and standards. The scope of\\nwork described herein shall not be construed as authorizing the planning\\nand design of engineering and architectural interior construction as\\nrelated to the building systems, including structural, electrical,\\nplumbing, heating, ventilating, air conditioning or mechanical systems\\nand shall not be construed as authorizing the practice of engineering or\\narchitecture as described in article one hundred forty-five or one\\nhundred forty-seven of this title. The interior design plans as\\ndescribed above are not to be construed as those required to be filed\\nwith local municipalities or building departments as required by the\\nstate education law regulating the practices of architecture or\\nengineering.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8304", "title" : "State board for interior design", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8304", "activeDate" : "2014-09-22", "sequenceNo" : 1905, "repealedDate" : null, "fromSection" : "8304", "toSection" : "8304", "text" : " § 8304. State board for interior design. 1. A state board for\\ninterior design shall be appointed by the board of regents on\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of certification and\\nprofessional conduct in accordance with section sixty-five hundred eight\\nof this title. The board shall be composed of nine members, four of whom\\nshall be interior designers certified in this state, two of whom shall\\nbe licensed architects who practice primarily interior design in this\\nstate, one who shall be a professional engineer in this state with an\\nexpertise in interior design, one who shall be a full-time interior\\ndesign educator in this state and one who shall be the public\\nrepresentative. Notwithstanding the foregoing, the members of the first\\nboard who are interior designers need not be certified prior to their\\nappointment to the board.\\n 2. Two interior designers and a licensed architect who practices\\nprimarily interior design shall serve initial five year terms. Two\\ninterior designers and a professional engineer with an expertise in\\ninterior design shall serve initial four year terms. One licensed\\narchitect who practices primarily interior design, the interior design\\neducator, and the public representative shall serve initial two year\\nterms. Following the establishment of the initial membership of the\\nboard, all succeeding appointments shall be for five year terms. Any\\nvacancy on the board shall be filled by appointment for the remainder of\\nsuch member's terms in accordance with the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8305", "title" : "Requirements for certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8305", "activeDate" : "2014-09-22", "sequenceNo" : 1906, "repealedDate" : null, "fromSection" : "8305", "toSection" : "8305", "text" : " § 8305. Requirements for certification. 1. To qualify for\\ncertification to use the title \"certified interior designer\", an\\napplicant shall fulfill all the following requirements:\\n (a) Application: file an application with the department;\\n (b) Education: have received at least seven years of professional\\ntraining consisting of academic study and work experience relating to\\ninterior design and in accordance with the commissioner's regulations.\\nThese seven years shall contain at least two but not more than five\\nyears of post secondary education, including an associate degree or the\\nequivalent, in an approved program of interior design;\\n (c) Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (d) Examination: (1) pass an examination satisfactory to the board in\\naccordance with the commissioner's regulations, and (2) pass a separate\\nexamination satisfactory to the board relative to the fire, safety and\\nbuilding codes of the state;\\n (e) Age: be at least twenty-one years of age;\\n (f) Citizenship: meet no requirements as to United States citizenship;\\n (g) Character: be of good moral character as determined by the\\ndepartment; and\\n (h) Fees: pay a fee of three hundred dollars to the department for\\nadmission to the two department conducted examinations and for an\\ninitial license, a fee of one hundred fifty dollars for each\\nreexamination, a fee of one hundred thirty-five dollars for an initial\\nlicense for persons not requiring admission to a department conducted\\nexamination, and a fee of two hundred ten dollars for each triennial\\nregistration period.\\n 2. On recommendation of the board, the department may exempt:\\n (a) from the requirement of subparagraph one of paragraph (d) of\\nsubdivision one of this section, an applicant who holds a license of\\ncertification to practice as an interior designer issued to him or her\\nupon examination by a legally constituted board of examiners in any\\nother state or political subdivision of the United States, provided that\\nat the time the license or certificate was issued by such state or\\npolitical subdivision the applicant met the requirements of paragraph\\n(b) of subdivision one of this section for certification to use the\\ntitle \"certified interior designer\" established by this article; or\\n (b) from the requirements specified in paragraph (b) of subdivision\\none of this section provided the applicant submits, prior to January\\nfirst, nineteen hundred ninety-six, satisfactory evidence that the\\napplicant has held himself or herself out as an interior designer and\\nhas prepared interior design documents in accordance with the\\nrequirements set forth in section eighty-three hundred three of this\\narticle for a minimum of seven years, has received a secondary school\\ndiploma or equivalent, and has passed the examinations required under\\nparagraph (d) of subdivision one of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8306", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8306", "activeDate" : "2014-09-22", "sequenceNo" : 1907, "repealedDate" : null, "fromSection" : "8306", "toSection" : "8306", "text" : " § 8306. Limited permits. 1. On recommendation of the board, the\\ndepartment may issue a limited permit, valid for a period of two years\\nand renewable once on the recommendation of the board, for use of the\\ntitle \"certified interior designer\" in accordance with this article by\\none who is not a resident of this state and has no established business\\nin this state. This individual shall (a) be qualified to practice or\\nengage, under such title, in the practice of interior design in his or\\nher own country or state, (b) submit evidence satisfactory to the board\\nof established and recognized professional standing in his or her own\\ncountry or state, and (c) submit satisfactory certifications as to his\\nor her qualifications.\\n 2. The limited permit shall authorize the holder to use the title\\n\"certified interior designer\".\\n 3. A limited permit of a certified interior designer shall be used\\nonly in connection with the specific project for which the limited\\npermit is issued and authorized in writing by the department.\\n 4. The fee for each limited permit shall be one hundred five dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8307", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8307", "activeDate" : "2014-09-22", "sequenceNo" : 1908, "repealedDate" : null, "fromSection" : "8307", "toSection" : "8307", "text" : " § 8307. Separability. If any section of this article, or part\\nthereof, shall be adjudged by a court of competent jurisdiction to be\\ninvalid, such judgment shall not affect, impair or invalidate the\\nremainder or any other section or part thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A162", "title" : "Athletic Trainers", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31" ], "docLevelId" : "162", "activeDate" : "2014-09-22", "sequenceNo" : 1909, "repealedDate" : null, "fromSection" : "8350", "toSection" : "8358", "text" : " ARTICLE 162\\n ATHLETIC TRAINERS\\nSection 8350. Introduction.\\n 8351. Definition.\\n 8352. Definition of practice of athletic training.\\n 8353. Use of the title \"certified athletic trainer\".\\n 8354. State committee for athletic trainers.\\n 8355. Requirements and procedure for professional certification.\\n 8356. Special provisions.\\n 8357. Non-liability of certified athletic trainers for first aid\\n or emergency treatment.\\n 8358. Separability.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8350", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8350", "activeDate" : "2014-09-22", "sequenceNo" : 1910, "repealedDate" : null, "fromSection" : "8350", "toSection" : "8350", "text" : " § 8350. Introduction. This article applies to the profession of\\nathletic training. The general provisions of all professions contained\\nin article one hundred thirty of this chapter shall apply to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8351", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-03-08", "2024-05-31", "2025-12-26" ], "docLevelId" : "8351", "activeDate" : "2014-09-22", "sequenceNo" : 1911, "repealedDate" : null, "fromSection" : "8351", "toSection" : "8351", "text" : " § 8351. Definition. As used in this article \"athletic trainer\" means\\nany person who is duly certified in accordance with this article to\\nperform athletic training under the supervision of a physician and\\nlimits his or her practice to secondary schools, institutions of\\npostsecondary education, professional athletic organizations, or a\\nperson who, under the supervision of a physician, carries out comparable\\nfunctions on orthopedic athletic injuries, excluding spinal cord\\ninjuries, in a health care organization. Supervision of an athletic\\ntrainer by a physician shall be continuous but shall not be construed as\\nrequiring the physical presence of the supervising physician at the time\\nand place where such services are performed.\\n The scope of work described herein shall not be construed as\\nauthorizing the reconditioning of neurologic injuries, conditions or\\ndisease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8352", "title" : "Definition of practice of athletic training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "8352", "activeDate" : "2014-09-22", "sequenceNo" : 1912, "repealedDate" : null, "fromSection" : "8352", "toSection" : "8352", "text" : " § 8352. Definition of practice of athletic training. The practice of\\nthe profession of athletic training is defined as the application of\\nprinciples, methods and procedures for managing athletic injuries, which\\nshall include the preconditioning, conditioning and reconditioning of an\\nindividual who has suffered an athletic injury through the use of\\nappropriate preventative and supportive devices, under the supervision\\nof a physician and recognizing illness and referring to the appropriate\\nmedical professional with implementation of treatment pursuant to\\nphysician's orders. Athletic training includes instruction to coaches,\\nathletes, parents, medical personnel and communities in the area of care\\nand prevention of athletic injuries.\\n The scope of work described herein shall not be construed as\\nauthorizing the reconditioning of neurologic injuries, conditions or\\ndisease.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8353", "title" : "Use of the title \"certified athletic trainer\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "8353", "activeDate" : "2014-09-22", "sequenceNo" : 1913, "repealedDate" : null, "fromSection" : "8353", "toSection" : "8353", "text" : " § 8353. Use of the title \"certified athletic trainer\". Only a person\\ncertified or otherwise authorized under this article shall use the title\\n\"certified athletic trainer\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8354", "title" : "State committee for athletic trainers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "8354", "activeDate" : "2014-09-22", "sequenceNo" : 1914, "repealedDate" : null, "fromSection" : "8354", "toSection" : "8354", "text" : " § 8354. State committee for athletic trainers. A state committee for\\nathletic trainers shall be appointed by the board of regents, upon the\\nrecommendation of the commissioner and shall assist on matters of\\ncertification and professional conduct in accordance with section six\\nthousand five hundred eight of this title. The committee shall consist\\nof five members who are athletic trainers certified in this state. The\\ncommittee shall assist the state board for medicine in athletic training\\nmatters. Nominations and terms of office of the members of the state\\ncommittee for athletic trainers shall conform to the corresponding\\nprovisions relating thereto for state boards under article one hundred\\nthirty of this chapter. Notwithstanding the foregoing, the members of\\nthe first committee need not be certified prior to their appointment to\\nthe committee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8355", "title" : "Requirements and procedure for professional certification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "8355", "activeDate" : "2014-09-22", "sequenceNo" : 1915, "repealedDate" : null, "fromSection" : "8355", "toSection" : "8355", "text" : " § 8355. Requirements and procedure for professional certification.\\nFor certification as a certified athletic trainer under this article, an\\napplicant shall fulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have received an education including a bachelor's, its\\nequivalent or higher degree in accordance with the commissioner's\\nregulations;\\n 3. Experience: have experience in accordance with the commissioner's\\nregulations;\\n 4. Examination: pass an examination in accordance with the\\ncommissioner's regulations;\\n 5. Age: be at least twenty-one years of age; and\\n 6. Fees: pay a fee for an initial certificate of one hundred dollars\\nto the department; and a fee of fifty dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8356", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-11-28", "2025-12-26" ], "docLevelId" : "8356", "activeDate" : "2014-09-22", "sequenceNo" : 1916, "repealedDate" : null, "fromSection" : "8356", "toSection" : "8356", "text" : " § 8356. Special provisions. A person shall be certified without\\nexamination provided that, within three years from the effective date of\\nregulations implementing the provisions of this article, the individual:\\n 1. files an application and pays the appropriate fees to the\\ndepartment; and\\n 2. meets the requirements of subdivisions two and five of section\\neight thousand three hundred fifty-five of this article and who in\\naddition:\\n (a) has been actively engaged in the profession of athletic training\\nfor a minimum of four years during the seven years immediately preceding\\nthe effective date of this article; or\\n (b) is certified by a United States certifying body acceptable to the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8357", "title" : "Non-liability of certified athletic trainers for first aid or emergency treatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "8357", "activeDate" : "2014-09-22", "sequenceNo" : 1917, "repealedDate" : null, "fromSection" : "8357", "toSection" : "8357", "text" : " § 8357. Non-liability of certified athletic trainers for first aid or\\nemergency treatment. Notwithstanding any inconsistent provision of any\\ngeneral, special or local law, any certified athletic trainer who\\nvoluntarily and without the expectation of monetary compensation renders\\nfirst aid or emergency treatment at the scene of an accident or other\\nemergency, outside a hospital, doctor's office or any other place having\\nproper and necessary athletic training equipment, to a person who is\\nunconscious, ill or injured, shall not be liable for damages for\\ninjuries alleged to have been sustained by such person or for damages\\nfor the death of such person alleged to have occurred by reason of an\\nact or omission in the rendering of such first aid or emergency\\ntreatment unless it is established that such injuries were or such death\\nwas caused by gross negligence on the part of such athletic trainer.\\nNothing in this section shall be deemed or construed to relieve a\\ncertified athletic trainer from liability for damages for injuries or\\ndeath caused by an act or omission on the part of an athletic trainer\\nwhile rendering professional services in the normal and ordinary course\\nof his or her practice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8358", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-12-29", "2024-05-31", "2025-12-26" ], "docLevelId" : "8358", "activeDate" : "2014-09-22", "sequenceNo" : 1918, "repealedDate" : null, "fromSection" : "8358", "toSection" : "8358", "text" : " § 8358. Separability. If any section of this article, or part\\nthereof, shall be adjudged by any court of competent jurisdiction to be\\ninvalid, such judgment shall not affect, impair or invalidate the\\nremainder of any other section or part thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A163", "title" : "Mental Health Practitioners", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2022-07-01" ], "docLevelId" : "163", "activeDate" : "2014-09-22", "sequenceNo" : 1919, "repealedDate" : null, "fromSection" : "8400", "toSection" : "8412", "text" : " ARTICLE 163\\n MENTAL HEALTH PRACTITIONERS\\nSection 8400. Introduction.\\n 8401. Definitions.\\n 8402. Mental health counseling.\\n 8403. Marriage and family therapy.\\n 8404. Creative arts therapy.\\n 8405. Psychoanalysis.\\n 8406. State board for mental health practitioners.\\n 8407. Boundaries of professional competency.\\n 8408. Hospital privileges.\\n 8409. Limited permits.\\n 8410. Exemptions.\\n 8411. Special provisions.\\n 8412. Mandatory continuing education.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8400", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8400", "activeDate" : "2014-09-22", "sequenceNo" : 1920, "repealedDate" : null, "fromSection" : "8400", "toSection" : "8400", "text" : " § 8400. Introduction. This article applies to the professions of\\nmental health counseling, marriage and family therapy, creative arts\\ntherapy, and psychoanalysis and provides for the licensing of such\\npractitioners. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8401", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-01" ], "docLevelId" : "8401", "activeDate" : "2014-09-22", "sequenceNo" : 1921, "repealedDate" : null, "fromSection" : "8401", "toSection" : "8401", "text" : " § 8401. Definitions. For purposes of this article, the following terms\\nshall have the following meanings:\\n 1. \"Board\" means the state board for mental health practitioners\\nauthorized by section eighty-four hundred six of this article.\\n 2. \"Psychotherapy\" means the treatment of mental, nervous, emotional,\\nbehavioral and addictive disorders, and ailments by the use of both\\nverbal and behavioral methods of intervention in interpersonal\\nrelationships with the intent of assisting the persons to modify\\nattitudes, thinking, affect, and behavior which are intellectually,\\nsocially and emotionally maladaptive.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8402", "title" : "Mental health counseling", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8402", "activeDate" : "2014-09-22", "sequenceNo" : 1922, "repealedDate" : null, "fromSection" : "8402", "toSection" : "8402", "text" : " § 8402. Mental health counseling. 1. Definition of the practice of\\nmental health counseling. The practice of the profession of mental\\nhealth counseling is defined as:\\n (a) the evaluation, assessment, amelioration, treatment, modification,\\nor adjustment to a disability, problem, or disorder of behavior,\\ncharacter, development, emotion, personality or relationships by the use\\nof verbal or behavioral methods with individuals, couples, families or\\ngroups in private practice, group, or organized settings; and\\n (b) the use of assessment instruments and mental health counseling and\\npsychotherapy to identify, evaluate and treat dysfunctions and disorders\\nfor purposes of providing appropriate mental health counseling services.\\n 2. Practice of mental health counseling and use of the titles \"mental\\nhealth counselor\" and \"licensed mental health counselor\". Only a person\\nlicensed or exempt under this article shall practice mental health\\ncounseling or use the title \"mental health counselor\". Only a person\\nlicensed under this article shall use the title \"licensed mental health\\ncounselor\" or any other designation tending to imply that the person is\\nlicensed to practice mental health counseling.\\n 3. Requirements for a professional license. To qualify for a license\\nas a \"licensed mental health counselor\", an applicant shall fulfill the\\nfollowing requirements:\\n (a) Application: File an application with the department;\\n (b) Education: Have received an education, including a master's or\\nhigher degree in counseling from a program registered by the department\\nor determined by the department to be the substantial equivalent\\nthereof, in accordance with the commissioner's regulations. The graduate\\ncoursework shall include, but not be limited to, the following areas:\\n (i) human growth and development;\\n (ii) social and cultural foundations of counseling;\\n (iii) counseling theory and practice and psychopathology;\\n (iv) group dynamics;\\n (v) lifestyle and career development;\\n (vi) assessment and appraisal of individuals, couples and families and\\ngroups;\\n (vii) research and program evaluation;\\n (viii) professional orientation and ethics;\\n (ix) foundations of mental health counseling and consultation;\\n (x) clinical instruction; and\\n (xi) completion of a minimum one year supervised internship or\\npracticum in mental health counseling;\\n (c) Experience: An applicant shall complete a minimum of three\\nthousand hours of post-master's supervised experience relevant to the\\npractice of mental health counseling satisfactory to the board and in\\naccordance with the commissioner's regulations. Satisfactory experience\\nobtained in an entity operating under a waiver issued by the department\\npursuant to section sixty-five hundred three-a of this title may be\\naccepted by the department, notwithstanding that such experience may\\nhave been obtained prior to the effective date of such section\\nsixty-five hundred three-a and/or prior to the entity having obtained a\\nwaiver. The department may, for good cause shown, accept satisfactory\\nexperience that was obtained in a setting that would have been eligible\\nfor a waiver but which has not obtained a waiver from the department or\\nexperience that was obtained in good faith by the applicant under the\\nbelief that appropriate authorization had been obtained for the\\nexperience, provided that such experience meets all other requirements\\nfor acceptable experience;\\n (d) Examination: Pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (e) Age: Be at least twenty-one years of age;\\n (f) Character: Be of good moral character as determined by the\\ndepartment; and\\n (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial\\nlicense and a fee of one hundred seventy dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8403", "title" : "Marriage and family therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8403", "activeDate" : "2014-09-22", "sequenceNo" : 1923, "repealedDate" : null, "fromSection" : "8403", "toSection" : "8403", "text" : " § 8403. Marriage and family therapy. 1. Definition of the practice of\\nmarriage and family therapy. The practice of the profession of marriage\\nand family therapy is defined as:\\n (a) the assessment and treatment of nervous and mental disorders,\\nwhether affective, cognitive or behavioral, which results in\\ndysfunctional interpersonal family relationships including, but not\\nlimited to familial relationships, marital/couple relationships,\\nparent-child relationships, pre-marital and other personal\\nrelationships;\\n (b) the use of mental health counseling, psychotherapy and therapeutic\\ntechniques to evaluate and treat marital, relational, and family\\nsystems, and individuals in relationship to these systems;\\n (c) the use of mental health counseling and psychotherapeutic\\ntechniques to treat mental, emotional and behavioral disorders and\\nailments within the context of marital, relational and family systems to\\nprevent and ameliorate dysfunction; and\\n (d) the use of assessment instruments and mental health counseling and\\npsychotherapy to identify and evaluate dysfunctions and disorders for\\npurposes of providing appropriate marriage and family therapy services.\\n 2. Practice of marriage and family therapy and use of the titles\\n\"marriage and family therapist\" and \"licensed marriage and family\\ntherapist\". Only a person licensed or exempt under this article shall\\npractice marriage and family therapy or use the title \"marriage and\\nfamily therapist\". Only a person licensed under this article shall use\\nthe titles \"licensed marriage and family therapist\", \"licensed marriage\\ntherapist\", \"licensed family therapist\" or any other designation tending\\nto imply that the person is licensed to practice marriage and family\\ntherapy.\\n 3. Requirements for a professional license. To qualify for a license\\nas a \"licensed marriage and family therapist\", an applicant shall\\nfulfill the following requirements:\\n (a) Application: File an application with the department;\\n (b) Education: Have received a master's or doctoral degree in marriage\\nand family therapy from a program registered by the department, or\\ndetermined by the department to be the substantial equivalent, in\\naccordance with the commissioner's regulations or a graduate degree in\\nan allied field from a program registered by the department and graduate\\nlevel coursework determined to be equivalent to that required in a\\nprogram registered by the department. This coursework shall include, but\\nnot be limited to:\\n (i) the study of human development, including individual, child and\\nfamily development;\\n (ii) psychopathology;\\n (iii) marital and family therapy;\\n (iv) family law;\\n (v) research;\\n (vi) professional ethics; and\\n (vii) a practicum of at least three hundred client contact hours;\\n (c) Experience: The completion of at least one thousand five hundred\\nclient contact hours of supervised clinical experience, by persons\\nholding a degree from a master's or doctoral program, or the substantial\\nequivalent, in accordance with the commissioner's regulations or the\\ncompletion of at least one thousand five hundred client hours of\\nsupervised post-master's clinical experience in marriage and family\\ntherapy satisfactory to the department in accordance with the\\ncommissioner's regulations. Satisfactory experience obtained in an\\nentity operating under a waiver issued by the department pursuant to\\nsection sixty-five hundred three-a of this title may be accepted by the\\ndepartment, notwithstanding that such experience may have been obtained\\nprior to the effective date of such section sixty-five hundred three-a\\nand/or prior to the entity having obtained a waiver. The department may,\\nfor good cause shown, accept satisfactory experience that was obtained\\nin a setting that would have been eligible for a waiver but which has\\nnot obtained a waiver from the department or experience that was\\nobtained in good faith by the applicant under the belief that\\nappropriate authorization had been obtained for the experience, provided\\nthat such experience meets all other requirements for acceptable\\nexperience;\\n (d) Examination: Pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (e) Age: Be at least twenty-one years of age;\\n (f) Character: Be of good moral character as determined by the\\ndepartment; and\\n (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial\\nlicense and a fee of one hundred seventy dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8404", "title" : "Creative arts therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8404", "activeDate" : "2014-09-22", "sequenceNo" : 1924, "repealedDate" : null, "fromSection" : "8404", "toSection" : "8404", "text" : " § 8404. Creative arts therapy. 1. Definition of the practice of\\ncreative arts therapy. The practice of the profession of creative arts\\ntherapy is defined as:\\n (a) the assessment, evaluation, and the therapeutic intervention and\\ntreatment, which may be either primary, parallel or adjunctive, of\\nmental, emotional, developmental and behavioral disorders through the\\nuse of the arts as approved by the department; and\\n (b) the use of assessment instruments and mental health counseling and\\npsychotherapy to identify, evaluate and treat dysfunctions and disorders\\nfor purposes of providing appropriate creative arts therapy services.\\n 2. Practice of creative arts therapy and use of the titles \"creative\\narts therapist\" and \"licensed creative arts therapist\". Only a person\\nlicensed or exempt under this article shall practice creative arts\\ntherapy or use the title \"creative arts therapist\". Only a person\\nlicensed under this article shall use the title \"licensed creative arts\\ntherapist\" or any other designation tending to imply that the person is\\nlicensed to practice creative arts therapy.\\n 3. Requirements for a professional license. To qualify for a license\\nas a \"licensed creative arts therapist\", an applicant shall fulfill the\\nfollowing requirements:\\n (a) Application: File an application with the department;\\n (b) Education: Have received an education, including a master's or\\nhigher degree in creative arts therapy from a program registered by the\\ndepartment or determined by the department to be the substantial\\nequivalent thereof, in accordance with the commissioner's regulations.\\nThe graduate coursework shall include, but not be limited to, the\\nfollowing areas:\\n (i) human growth and development;\\n (ii) theories in therapy;\\n (iii) group dynamics;\\n (iv) assessment and appraisal of individuals and groups;\\n (v) research and program evaluation;\\n (vi) professional orientation and ethics;\\n (vii) foundations of creative arts therapy and psychopathology; and\\n (viii) clinical instruction;\\n (c) Experience: Have completed at least fifteen hundred hours of\\npostmaster's supervised experience in one or more creative arts\\ntherapies satisfactory to the department and in accordance with the\\ncommissioner's regulations. Satisfactory experience obtained in an\\nentity operating under a waiver issued by the department pursuant to\\nsection sixty-five hundred three-a of this title may be accepted by the\\ndepartment, notwithstanding that such experience may have been obtained\\nprior to the effective date of such section sixty-five hundred three-a\\nand/or prior to the entity having obtained a waiver. The department may,\\nfor good cause shown, accept satisfactory experience that was obtained\\nin a setting that would have been eligible for a waiver but which has\\nnot obtained a waiver from the department or experience that was\\nobtained in good faith by the applicant under the belief that\\nappropriate authorization had been obtained for the experience, provided\\nthat such experience meets all other requirements for acceptable\\nexperience;\\n (d) Examination: Pass an examination in creative arts therapy\\nsatisfactory to the department and in accordance with the commissioner's\\nregulations;\\n (e) Age: Be at least twenty-one years of age;\\n (f) Character: Be of good moral character as determined by the\\ndepartment; and\\n (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial\\nlicense and a fee of one hundred seventy dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8405", "title" : "Psychoanalysis", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8405", "activeDate" : "2014-09-22", "sequenceNo" : 1925, "repealedDate" : null, "fromSection" : "8405", "toSection" : "8405", "text" : " § 8405. Psychoanalysis. 1. Definition of the practice of\\npsychoanalysis. The practice of the profession of psychoanalysis is\\ndefined as:\\n (a) the observation, description, evaluation, and interpretation of\\ndynamic unconscious mental processes that contribute to the formation of\\npersonality and behavior in order to identify and resolve unconscious\\npsychic problems which affect interpersonal relationships and emotional\\ndevelopment, to facilitate changes in personality and behavior through\\nthe use of verbal and nonverbal cognitive and emotional communication,\\nand to develop adaptive functioning; and\\n (b) the use of assessment instruments and mental health counseling and\\npsychotherapy to identify, evaluate and treat dysfunctions and disorders\\nfor purposes of providing appropriate psychoanalytic services.\\n 2. Practice of psychoanalysis and use of the titles \"psychoanalyst\"\\nand \"licensed psychoanalyst\". Only a person licensed or exempt under\\nthis article shall practice psychoanalysis or use the title\\n\"psychoanalyst\". Only a person licensed under this article shall use\\nthe title \"licensed psychoanalyst\" or any other designation tending to\\nimply that the person is licensed to practice psychoanalysis.\\n 3. Requirements for a professional license. To qualify for a license\\nas a \"licensed psychoanalyst\", an applicant shall fulfill the following\\nrequirements:\\n (a) Application: File an application with the department;\\n (b) Education: Have received a master's degree or higher from a\\ndegree-granting program registered by the department or the substantial\\nequivalent and have completed a program of study registered by the\\ndepartment in a psychoanalytic institute chartered by the board of\\nregents or the substantial equivalent as determined by the department.\\nThe program of study in a psychoanalytic institute shall include\\ncoursework substantially equivalent to coursework required for a\\nmaster's degree in a health or mental health field of study. The\\ncoursework shall include, but not be limited to, the following areas:\\n (i) personality development;\\n (ii) psychoanalytic theory of psychopathology;\\n (iii) psychoanalytic theory of psychodiagnosis;\\n (iv) sociocultural influence on growth and psychopathology;\\n (v) practice technique (including dreams and symbolic processes);\\n (vi) analysis of resistance, transference, and countertransference;\\n (vii) case seminars on clinical practice;\\n (viii) practice in psychopathology and psychodiagnosis;\\n (ix) professional ethics and psychoanalytic research methodology; and\\n (x) a minimum of three hundred hours of personal analysis and one\\nhundred fifty hours of supervised analysis;\\n (c) Experience: Have completed a minimum of fifteen hundred hours of\\nsupervised clinical practice satisfactory to the department and in\\naccordance with the commissioner's regulations. Satisfactory experience\\nobtained in an entity operating under a waiver issued by the department\\npursuant to section sixty-five hundred three-a of this title may be\\naccepted by the department, notwithstanding that such experience may\\nhave been obtained prior to the effective date of such section\\nsixty-five hundred three-a and/or prior to the entity having obtained a\\nwaiver. The department may, for good cause shown, accept satisfactory\\nexperience that was obtained in a setting that would have been eligible\\nfor a waiver but which has not obtained a waiver from the department or\\nexperience that was obtained in good faith by the applicant under the\\nbelief that appropriate authorization had been obtained for the\\nexperience, provided that such experience meets all other requirements\\nfor acceptable experience;\\n (d) Examination: Pass an examination in psychoanalysis satisfactory to\\nthe department and in accordance with the commissioner's regulations;\\n (e) Age: Be at least twenty-one years of age;\\n (f) Character: Be of good moral character as determined by the\\ndepartment; and\\n (g) Fees: Pay a fee of one hundred seventy-five dollars for an initial\\nlicense and a fee of one hundred seventy dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8406", "title" : "State board for mental health practitioners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8406", "activeDate" : "2014-09-22", "sequenceNo" : 1926, "repealedDate" : null, "fromSection" : "8406", "toSection" : "8406", "text" : " § 8406. State board for mental health practitioners. A state board for\\nmental health practitioners shall be appointed by the board of regents\\non the recommendation of the commissioner for the purpose of assisting\\nthe board of regents and the department on matters of licensing and\\nregulation. The board shall be composed of at least three licensed\\nmembers from each profession licensed pursuant to this article and at\\nleast three public representatives who do not hold interests in the\\norganization, financing, or delivery of mental health services.\\nAdditionally, the board shall contain one physician who shall be a\\npsychiatrist. Members of the first board need not be licensed prior to\\ntheir appointment to the board. The terms of the first appointed members\\nshall be staggered so that five are appointed for three years, five are\\nappointed for four years, and six are appointed for five years. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8407", "title" : "Boundaries of professional competency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-01", "2024-06-28" ], "docLevelId" : "8407", "activeDate" : "2014-09-22", "sequenceNo" : 1927, "repealedDate" : null, "fromSection" : "8407", "toSection" : "8407", "text" : " § 8407. Boundaries of professional competency. 1. It shall be deemed\\npracticing outside the boundaries of his or her professional competence\\nfor a person licensed pursuant to this article, in the case of treatment\\nof any serious mental illness, to provide any mental health service for\\nsuch illness on a continuous and sustained basis without a medical\\nevaluation of the illness by, and consultation with, a physician\\nregarding such illness. Such medical evaluation and consultation shall\\nbe to determine and advise whether any medical care is indicated for\\nsuch illness. For purposes of this section, \"serious mental illness\"\\nmeans schizophrenia, schizoaffective disorder, bipolar disorder, major\\ndepressive disorder, panic disorder, obsessive-compulsive disorder,\\nattention-deficit hyperactivity disorder and autism.\\n 2. Any individual whose license or authority to practice derives from\\nthe provisions of this article shall be prohibited from:\\n (a) prescribing or administering drugs as defined in this chapter as a\\ntreatment, therapy, or professional service in the practice of his or\\nher profession; or\\n (b) using invasive procedures as a treatment, therapy, or professional\\nservice in the practice of his or her profession. For purposes of this\\nsubdivision, \"invasive procedure\" means any procedure in which human\\ntissue is cut, altered, or otherwise infiltrated by mechanical or other\\nmeans. Invasive procedure includes surgery, lasers, ionizing radiation,\\ntherapeutic ultrasound, or electroconvulsive therapy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8408", "title" : "Hospital privileges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8408", "activeDate" : "2014-09-22", "sequenceNo" : 1928, "repealedDate" : null, "fromSection" : "8408", "toSection" : "8408", "text" : " § 8408. Hospital privileges. Nothing herein contained shall be deemed\\nto authorize, grant, or extend hospital privileges to individuals\\nlicensed under this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8409", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-01" ], "docLevelId" : "8409", "activeDate" : "2014-09-22", "sequenceNo" : 1929, "repealedDate" : null, "fromSection" : "8409", "toSection" : "8409", "text" : " § 8409. Limited permits. The following requirements for a limited\\npermit shall apply to all professions licensed pursuant to this article:\\n 1. The department may issue a limited permit to an applicant who meets\\nall qualifications for licensure, except the examination and/or\\nexperience requirements, in accordance with regulations promulgated\\ntherefor.\\n 2. Limited permits shall be for two years; such limited permits may be\\nrenewed, at the discretion of the department, for up to two additional\\none year periods.\\n 3. The fee for each limited permit and for each renewal shall be\\nseventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8410", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2021-07-02", "2022-07-01", "2025-06-27" ], "docLevelId" : "8410", "activeDate" : "2014-09-22", "sequenceNo" : 1930, "repealedDate" : null, "fromSection" : "8410", "toSection" : "8410", "text" : " § 8410. Exemptions. Nothing contained in this article shall be\\nconstrued to:\\n 1. Apply to the practice, conduct, activities, services or use of any\\ntitle by any person licensed or otherwise authorized to practice\\nmedicine within the state pursuant to article one hundred thirty-one of\\nthis title or by any person registered to perform services as a\\nphysician assistant within the state pursuant to article one hundred\\nthirty-one-B of this title or by any person licensed or otherwise\\nauthorized to practice psychology within this state pursuant to article\\none hundred fifty-three of this title or by any person licensed or\\notherwise authorized to practice social work within this state pursuant\\nto article one hundred fifty-four of this title, or by any person\\nlicensed or otherwise authorized to practice nursing as a registered\\nprofessional nurse or nurse practitioner within this state pursuant to\\narticle one hundred thirty-nine of this title or by any person licensed\\nor otherwise authorized to practice applied behavior analysis within the\\nstate pursuant to article one hundred sixty-seven of this title;\\nprovided, however, that no physician, physician's assistant, registered\\nprofessional nurse, nurse practitioner, psychologist, licensed master\\nsocial worker, licensed clinical social worker, licensed behavior\\nanalyst or certified behavior analyst assistant may use the titles\\n\"licensed mental health counselor\", \"licensed marriage and family\\ntherapist\", \"licensed creative arts therapist\", or \"licensed\\npsychoanalyst\", unless licensed under this article.\\n 2. Prohibit or limit any individual who is credentialed under any law,\\nincluding attorneys, rape crisis counselors, certified alcoholism\\ncounselors and certified substance abuse counselors from providing\\nmental health services within their respective established authorities.\\n 3. Prohibit or limit the practice of a profession licensed pursuant to\\nthis article by a student, intern or resident in, and as part of, a\\nsupervised educational program in an institution approved by the\\ndepartment.\\n 4. Prohibit or limit the provision of pastoral counseling services by\\nany member of the clergy or Christian Science practitioner, within the\\ncontext of his or her ministerial charge or obligation.\\n 5. Prohibit or limit individuals, churches, schools, teachers,\\norganizations, or not-for-profit businesses, from providing instruction,\\nadvice, support, encouragement, or information to individuals, families,\\nand relational groups.\\n 6. Prohibit or limit an occupational therapist from performing work\\nconsistent with article one hundred fifty-six of this title.\\n 7. Prohibit the practice of mental health counseling, marriage and\\nfamily therapy, creative arts therapy or psychoanalysis, to the extent\\npermissible within the scope of practice of such professions, by any\\nnot-for-profit corporation or education corporation providing services\\nwithin the state of New York and operating under a waiver pursuant to\\nsection sixty-five hundred three-a of this title, provided that such\\nentities offering mental health counseling, marriage and family therapy,\\ncreative arts therapy or psychoanalysis services shall only provide such\\nservices through an individual appropriately licensed or otherwise\\nauthorized to provide such services or a professional entity authorized\\nby law to provide such services.\\n 8. Prevent a person without a license from performing assessments such\\nas basic information collection, gathering of demographic data, and\\ninformal observations, screening and referral used for general\\neligibility for a program or service and determining the functional\\nstatus of an individual for the purpose of determining need for services\\nunrelated to a behavioral health diagnosis or treatment plan. Such\\nlicensure shall not be required to create, develop or implement a\\nservice plan unrelated to a behavioral health diagnosis or treatment\\nplan. Such service plans shall include, but are not limited to, job\\ntraining and employability, housing, general public assistance, in home\\nservices and supports or home-delivered meals, investigations conducted\\nor assessments made by adult or child protective services, adoption home\\nstudies and assessments, family service plans, transition plans and\\npermanency planning activities, de-escalation techniques, peer services\\nor skill development. A license under this article shall not be required\\nfor persons to participate as a member of a multi-disciplinary team to\\nimplement a behavioral health services or treatment plan; provided\\nhowever, that such team shall include one or more professionals licensed\\nunder this article or articles one hundred thirty-one, one hundred\\nfifty-three or one hundred fifty-four of this chapter; and provided,\\nfurther, that the activities performed by members of the team shall be\\nconsistent with the scope of practice for each team member licensed or\\nauthorized under title VIII of this chapter, and those who are not so\\nauthorized may not engage in the following restricted practices: the\\ndiagnosis of mental, emotional, behavioral, addictive and developmental\\ndisorders and disabilities; patient assessment and evaluating; the\\nprovision of psychotherapeutic treatment; the provision of treatment\\nother than psychotherapeutic treatment; and/or the development and\\nimplementation of assessment-based treatment plans as defined in section\\nseventy-seven hundred one of this chapter. Provided, further, that\\nnothing in this subdivision shall be construed as requiring a license\\nfor any particular activity or function based solely on the fact that\\nthe activity or function is not listed in this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8411", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8411", "activeDate" : "2014-09-22", "sequenceNo" : 1931, "repealedDate" : null, "fromSection" : "8411", "toSection" : "8411", "text" : " § 8411. Special provisions. 1. This section shall apply to all\\nprofessions licensed pursuant to this article, unless otherwise\\nprovided.\\n 2. Any nonexempt person practicing a profession to be licensed\\npursuant to this article shall apply for a license of said profession\\nwithin one year of the effective date of the specified profession.\\n (a) If such person does not meet the requirements for a license\\nestablished within this article, such person may meet alternative\\ncriteria determined by the department to be the substantial equivalent\\nof such criteria.\\n (b) If such person meets the requirements for a license established\\nwithin this article, except for examination, and has been certified or\\nregistered by a national certifying or registering body having\\ncertification or registration standards acceptable to the commissioner,\\nthe department shall license without examination.\\n (c) If such person meets the requirements for a license established\\nwithin this article, except for examination, and there exists no\\nnational certifying or registering body having certification or\\nregistration standards acceptable to the commissioner, the department\\nshall license without examination if the applicant submits evidence\\nsatisfactory to the department of having been engaged in the practice of\\nthe specified profession for at least five of the immediately preceding\\neight years.\\n 3. Any person licensed pursuant to this article may use accepted\\nclassifications of signs, symptoms, dysfunctions and disorders, as\\napproved in accordance with regulations promulgated by the department,\\nin the practice of such licensed profession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8412", "title" : "Mandatory continuing education", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-02-03", "2017-08-18" ], "docLevelId" : "8412", "activeDate" : "2014-09-22", "sequenceNo" : 1932, "repealedDate" : null, "fromSection" : "8412", "toSection" : "8412", "text" : " * § 8412. Mandatory continuing education. 1. (a) Each licensed mental\\nhealth counselor, marriage and family therapist, psychoanalyst, and\\ncreative arts therapist required under this article to register\\ntriennially with the department to practice in this state, shall comply\\nwith the provisions of mandatory continuing education requirements\\nprescribed in subdivision two of this section, except as set forth in\\nparagraphs (b) and (c) of this subdivision. Licensed mental health\\ncounselors, marriage and family therapists, psychoanalysts, and creative\\narts therapists who do not satisfy the mandatory continuing education\\nrequirements shall not practice until they have met such requirements,\\nand they have been issued a registration certificate, except that a\\nlicensed mental health counselor, marriage and family therapist,\\npsychoanalyst, and creative arts therapist may practice without having\\nmet such requirements if he or she is issued a conditional registration\\ncertificate pursuant to subdivision three of this section.\\n (b) Each licensed mental health counselor, marriage and family\\ntherapist, psychoanalyst, and creative arts therapist shall be exempt\\nfrom the mandatory continuing education requirements for the triennial\\nregistration period during which they are first licensed. In accordance\\nwith the intent of this section, adjustment to the mandatory continuing\\neducation requirement may be granted by the department for reasons of\\nhealth that are certified by an appropriate health care professional,\\nfor extended active duty with the armed forces of the United States, or\\nfor other good cause acceptable to the department which may prevent\\ncompliance.\\n (c) A licensed mental health counselor, marriage and family therapist,\\npsychoanalyst, and creative arts therapist not engaged in practice, as\\ndetermined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to the\\npractice of mental health counseling, marriage and family therapy,\\npsychoanalysis, and creative arts therapy during the triennial\\nregistration period shall notify the department prior to reentering the\\nprofession and shall meet such mandatory education requirements as shall\\nbe prescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration as a licensed mental health counselor, marriage and family\\ntherapist, psychoanalyst, and creative arts therapist shall complete a\\nminimum of thirty-six hours of acceptable formal continuing education, a\\nmaximum of twelve hours of which may be self-instructional course work\\nacceptable to the department. Any licensed mental health counselor,\\nmarriage and family therapist, psychoanalyst, and creative arts\\ntherapist whose first registration date following the effective date of\\nthis section occurs less than three years from such effective date, but\\non or after January first, two thousand seventeen, shall complete\\ncontinuing education hours on a prorated basis at the rate of one hour\\nper month for the period beginning January first, two thousand seventeen\\nup to the first registration date thereafter. A licensee who has not\\nsatisfied the mandatory continuing education requirement shall not be\\nissued a triennial registration certificate by the department and shall\\nnot practice unless and until a conditional registration certificate is\\nissued as provided for in subdivision three of this section. Continuing\\neducation hours taken during one triennium may not be transferred to the\\nsubsequent triennium.\\n 3. (a) The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices without such registration may be subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis title.\\n (b) For purposes of this section \"acceptable formal education\" shall\\nmean formal courses of learning which contribute to professional\\npractice in mental health counseling, marriage and family therapy,\\npsychoanalysis, or creative arts therapies and which meet the standards\\nprescribed by regulations of the commissioner. Such formal courses of\\nlearning shall include, but not be limited to, collegiate level credit\\nand non-credit courses, professional development programs and technical\\nsessions offered by national, state and local professional associations\\nand other organizations acceptable to the department, and any other\\norganized educational and technical programs acceptable to the\\ndepartment. Continuing education courses must be taken from a provider\\nwho has been approved by the department, based upon an application and\\nfee, pursuant to the regulations of the commissioner. The department\\nmay, in its discretion and as needed to contribute to the health and\\nwelfare of the public, require the completion of continuing education\\ncourses in specific subjects to fulfill this mandatory continuing\\neducation requirement. Licensed mental health counselors, marriage and\\nfamily therapists, psychoanalysts, and creative arts therapists shall\\nmaintain adequate documentation of completion of acceptable formal\\ncontinuing education and shall provide such documentation at the request\\nof the department. Failure to provide such documentation upon the\\nrequest of the department shall be an act of misconduct subject to\\ndisciplinary proceedings pursuant to section sixty-five hundred ten of\\nthis title.\\n (c) The mandatory continuing education fee shall be determined by the\\ndepartment. Such fee shall be payable on or before the first day of each\\ntriennial registration period, and shall be paid in addition to the\\ntriennial registration fees required by paragraph (g) of subdivision\\nthree of section eighty-four hundred two of this article and paragraph\\n(g) of subdivision three of section eighty-four hundred five of this\\narticle.\\n * NB Effective January 1, 2017\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A164", "title" : "Respiratory Therapists and Respiratory Therapy Technicians", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "164", "activeDate" : "2014-09-22", "sequenceNo" : 1933, "repealedDate" : null, "fromSection" : "8500", "toSection" : "8513", "text" : " ARTICLE 164\\n RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS\\nSection 8500. Introduction.\\n 8501. Definition of the practice of respiratory therapy.\\n 8502. Practice of respiratory therapy and use of the title\\n \"respiratory therapist\".\\n 8503. State board for respiratory therapy.\\n 8504. Requirements for licensure as a respiratory therapist.\\n 8504-a. Mandatory continuing education for respiratory\\n therapists.\\n 8505. Exempt persons.\\n 8506. Limited permits.\\n 8507. Special provisions.\\n 8508. Definition of the practice of respiratory therapy\\n technician.\\n 8509. Duties of respiratory therapy technicians and use of\\n the title \"respiratory therapy technician\".\\n 8510. Requirements for licensure as a respiratory therapy\\n technician.\\n 8510-a. Mandatory continuing education for respiratory therapy\\n technicians.\\n 8511. Limited permits.\\n 8512. Exempt persons.\\n 8513. Special provisions.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8500", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8500", "activeDate" : "2014-09-22", "sequenceNo" : 1934, "repealedDate" : null, "fromSection" : "8500", "toSection" : "8500", "text" : " § 8500. Introduction. This article applies to the practice of\\nrespiratory therapy and provides for the licensing of respiratory\\ntherapists and respiratory therapy technicians. The general provisions\\nfor all professions contained in article one hundred thirty of this\\ntitle shall apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8501", "title" : "Definition of the practice of respiratory therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8501", "activeDate" : "2014-09-22", "sequenceNo" : 1935, "repealedDate" : null, "fromSection" : "8501", "toSection" : "8501", "text" : " § 8501. Definition of the practice of respiratory therapy. The\\npractice of the profession of respiratory therapy, which shall be\\nundertaken pursuant to the direction of a duly licensed physician, is\\ndefined as the performance of cardiopulmonary evaluation, respiratory\\ntherapy treatment techniques, and education of the patient, family and\\npublic.\\n 1. Evaluation shall include the acquisition, analysis and\\ninterpretation of data obtained from physiological specimens, performing\\ndiagnostic tests, studies and research of the cardiopulmonary system and\\nneurophysiological studies related to respiratory care.\\n 2. Therapy shall include the application and monitoring of medical\\ngases (excluding anesthetic gases) and environmental control systems,\\nmechanical ventilatory support, artificial airway care, bronchopulmonary\\nhygiene, pharmacologic agents related to respiratory care procedures,\\nand cardiopulmonary rehabilitation related and limited to respiratory\\ncare.\\n 3. Respiratory therapy services may be performed pursuant to a\\nprescription of a licensed physician or certified nurse practitioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8502", "title" : "Practice of respiratory therapy and use of the title \"respiratory therapist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8502", "activeDate" : "2014-09-22", "sequenceNo" : 1936, "repealedDate" : null, "fromSection" : "8502", "toSection" : "8502", "text" : " § 8502. Practice of respiratory therapy and use of the title\\n\"respiratory therapist\". 1. Only a person licensed or exempt under this\\narticle shall practice respiratory therapy or use the title \"respiratory\\ntherapist\".\\n 2. A licensed respiratory therapist may supervise respiratory therapy\\ntechnicians in the practice of their profession in such capacities as\\nare prescribed by law and as from time to time may be set by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8503", "title" : "State board for respiratory therapy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8503", "activeDate" : "2014-09-22", "sequenceNo" : 1937, "repealedDate" : null, "fromSection" : "8503", "toSection" : "8503", "text" : " § 8503. State board for respiratory therapy. A state board for\\nrespiratory therapy shall be appointed by the board of regents on the\\nrecommendation of the commissioner for the purpose of assisting the\\nboard of regents and the department on matters of professional licensing\\nand conduct in accordance with section sixty-five hundred eight of this\\ntitle. The board shall be composed of not less than five licensed\\nrespiratory therapists, two licensed respiratory therapy technicians,\\nand four additional members who shall include at least one licensed\\nphysician and at least one public member. Members of the first board who\\nare respiratory therapy practitioners need not be licensed prior to\\nappointment on the board, provided, however, that the first appointed\\nrespiratory therapists shall be registered by a national certifying or\\naccrediting board, acceptable to the department and the first appointed\\nrespiratory therapy technicians shall be certified by a national\\ncertifying or accrediting board, acceptable to the department. An\\nexecutive secretary to the board shall be appointed by the board of\\nregents on recommendation of the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8504", "title" : "Requirements for licensure as a respiratory therapist", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8504", "activeDate" : "2014-09-22", "sequenceNo" : 1938, "repealedDate" : null, "fromSection" : "8504", "toSection" : "8504", "text" : " § 8504. Requirements for licensure as a respiratory therapist. To\\nqualify for a license as a respiratory therapist, an applicant shall\\nfulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have received an education, including completion of an\\napproved associate degree program in respiratory therapy or in a program\\ndetermined by the department to be the equivalent;\\n 3. Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 4. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 5. Age: be at least eighteen years of age;\\n 6. Character: be of good moral character as determined by the\\ndepartment; and\\n 7. Fees: pay a fee of one hundred seventy-five dollars to the\\ndepartment for admission to a department conducted examination and for\\nan initial license; a fee of eighty-five dollars for each\\nre-examination; a fee of one hundred fifteen dollars for an initial\\nlicense for persons not requiring admission to a department conducted\\nexamination and a fee of one hundred fifty-five dollars for each\\ntriennial registration period commencing on and after June first,\\nnineteen hundred ninety-three.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8504-A", "title" : "Mandatory continuing education for respiratory therapists", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8504-A", "activeDate" : "2014-09-22", "sequenceNo" : 1939, "repealedDate" : null, "fromSection" : "8504-A", "toSection" : "8504-A", "text" : " § 8504-a. Mandatory continuing education for respiratory therapists.\\n1. (a) Each licensed respiratory therapist required under this article\\nto register triennially with the department to practice in the state\\nshall comply with provisions of the mandatory continuing education\\nrequirements prescribed in subdivision two of this section except as set\\nforth in paragraphs (b) and (c) of this subdivision. Respiratory\\ntherapists who do not satisfy the mandatory continuing education\\nrequirement shall not practice until they have met such requirements,\\nand have been issued a registration certificate, except that a\\nrespiratory therapist may practice without having met such requirements\\nif he or she is issued a conditional registration certificate pursuant\\nto subdivision three of this section.\\n (b) Respiratory therapists shall be exempt from the mandatory\\ncontinuing education requirement for the triennial registration period\\nduring which they are first licensed. In accord with the intent of this\\nsection, adjustment to the mandatory continuing education requirement\\nmay be granted by the department for reasons of health, certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed respiratory therapist not engaged in practice as\\ndetermined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to their\\nrespective practice as a respiratory therapist during the triennial\\nregistration period shall notify the department prior to reentering the\\nprofession and shall meet such mandatory education requirements as shall\\nbe prescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration as a respiratory therapist shall complete a minimum of\\nthirty hours of acceptable formal continuing education, as specified in\\nsubdivision four of this section, provided that no more than fifteen\\nhours of such continuing education shall consist of self-study courses.\\nAny respiratory therapist whose first registration date following the\\neffective date of this section occurs less than three years from such\\neffective date, but on or after January first, two thousand one, shall\\ncomplete continuing education hours on a prorated basis at the rate of\\nfive-sixths of one hour per month for the period beginning January\\nfirst, two thousand up to the first registration date thereafter. A\\nlicensee who has not satisfied the mandatory continuing education\\nrequirements shall not be issued a triennial registration certificate by\\nthe department and shall not practice unless and until a conditional\\nregistration certificate is issued as provided for in subdivision three\\nof this section. With the exception of continuing education hours\\ncompleted during the registration period immediately preceding the\\neffective date of this section, continuing education hours completed\\nduring one triennium may not be transferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices as a respiratory therapist without such\\nregistration, may be subject to disciplinary proceedings pursuant to\\nsection sixty-five hundred ten of this title.\\n 4. As used in subdivision two of this section, \"acceptable formal\\ncontinuing education\" for respiratory therapy shall mean formal courses\\nof learning which contribute to professional practice in respiratory\\ntherapy and which meet the standards prescribed by regulations of the\\ncommissioner. The department may, in its discretion and as needed to\\ncontribute to the health and welfare of the public, require the\\ncompletion of continuing education courses in specific subjects.\\n 5. Respiratory therapists shall maintain adequate documentation of\\ncompletion of acceptable formal continuing education and shall provide\\nsuch documentation at the request of the department.\\n 6. The mandatory continuing education fee for respiratory therapists\\nshall be thirty dollars, shall be payable on or before the first day of\\neach triennial registration period, and shall be paid in addition to the\\ntriennial registration fee required by section eighty-five hundred four\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8505", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8505", "activeDate" : "2014-09-22", "sequenceNo" : 1940, "repealedDate" : null, "fromSection" : "8505", "toSection" : "8505", "text" : " § 8505. Exempt persons. This article shall not prohibit:\\n 1. The practice of respiratory therapy as an integral part of a\\nprogram of study by students enrolled in approved respiratory therapy\\neducation programs;\\n 2. The performance of any of the modalities included in the definition\\nof respiratory therapy by any other duly licensed, certified or\\nregistered health care provider, provided that such modalities are\\nwithin the scope of his or her practice;\\n 3. Unlicensed assistants from being employed in a hospital, as defined\\nin article twenty-eight of the public health law, for purposes other\\nthan the practice of respiratory therapy;\\n 4. The practice of respiratory therapy by any legally qualified\\nrespiratory therapy practitioner of any other state or territory who is\\nserving in the armed forces or the public health service of the United\\nStates or who is employed by the veterans administration, while engaged\\nin the performance of his or her duties.\\n 5. The provision of polysomnographic technology services, as defined\\nby the commissioner, by an individual, under the direction and\\nsupervision of a licensed physician, who has obtained authorization\\nissued by the department. Such authorization shall be issued to\\nindividuals who have met standards, including those relating to\\neducation, experience, examination and character, as promulgated in\\nregulations of the commissioner. Such authorization shall be subject to\\nthe full disciplinary and regulatory authority of the board of regents\\nand the department, pursuant to this title, as if such authorization\\nwere a professional license issued under this article. The application\\nfee for such authorization shall be three hundred dollars. Each\\nauthorization holder shall register with the department every three\\nyears and shall pay a registration fee of three hundred dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8506", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8506", "activeDate" : "2014-09-22", "sequenceNo" : 1941, "repealedDate" : null, "fromSection" : "8506", "toSection" : "8506", "text" : " § 8506. Limited permits. Permits limited as to eligibility, practice\\nand duration shall be issued by the department to eligible applicants as\\nfollows:\\n 1. Eligibility. A person who fulfills all requirements for\\nregistration as a respiratory therapist except that relating to the\\nexamination shall be eligible for a limited permit.\\n 2. Limit of practice. All practice under a limited permit shall be\\nunder the direct supervision of a licensed respiratory therapist\\nphysician specializing in pulmonary medicine, an anesthesiologist or an\\notherwise legally authorized physician.\\n 3. Duration. A limited permit shall expire one year from the date of\\nissuance or upon notice to the permittee by the department that the\\napplication for licensure has been denied, or ten days after\\nnotification to the permittee of failure on the professional licensing\\nexamination, whichever first occurs; provided, however, that if the\\npermittee is awaiting the results of a licensing examination at the time\\nsuch limited permit expires, such permit shall continue to be valid\\nuntil ten days after notification to the permittee of the result of such\\nexamination.\\n 4. Fees. The fee for each limited permit shall be seventy dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8507", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8507", "activeDate" : "2014-09-22", "sequenceNo" : 1942, "repealedDate" : null, "fromSection" : "8507", "toSection" : "8507", "text" : " § 8507. Special provisions. A person shall be licensed without\\nexamination provided that, within one year of the effective date of this\\narticle, the individuals:\\n 1. files an application and pays the appropriate fees to the\\ndepartment; and\\n 2. (a) is registered by a national certifying or accrediting board for\\nrespiratory therapy acceptable to the department, or\\n (b) has practiced respiratory therapy in a hospital, as defined in\\narticle twenty-eight of the public health law, in the state for not less\\nthan three years within the last five years prior to the effective date\\nof this article, or\\n (c) has met the educational standards of a hospital, as defined in\\narticle twenty-eight of the public health law, or, in the case of a\\nhospital operated by a public benefit corporation, has met the\\neducational standards of such corporation, and has practiced as a\\nrespiratory therapist for at least one year in such hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8508", "title" : "Definition of the practice of respiratory therapy technician", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8508", "activeDate" : "2014-09-22", "sequenceNo" : 1943, "repealedDate" : null, "fromSection" : "8508", "toSection" : "8508", "text" : " § 8508. Definition of the practice of respiratory therapy technician.\\nA respiratory therapy technician means a person licensed in accordance\\nwith this article who works under the supervision of a licensed\\nrespiratory therapist or a licensed or otherwise legally authorized\\nphysician performing tasks and responsibilities within the framework of\\nthe practice of respiratory therapy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8509", "title" : "Duties of respiratory therapy technicians and use of the title \"respiratory therapy technician\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8509", "activeDate" : "2014-09-22", "sequenceNo" : 1944, "repealedDate" : null, "fromSection" : "8509", "toSection" : "8509", "text" : " § 8509. Duties of respiratory therapy technicians and use of the title\\n\"respiratory therapy technician\". Only a person licensed or otherwise\\nauthorized under this article shall participate in the practice of\\nrespiratory therapy as a respiratory therapy technician and only a\\nperson licensed under this article shall use the title \"respiratory\\ntherapy technician\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8510", "title" : "Requirements for licensure as a respiratory therapy technician", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8510", "activeDate" : "2014-09-22", "sequenceNo" : 1945, "repealedDate" : null, "fromSection" : "8510", "toSection" : "8510", "text" : " § 8510. Requirements for licensure as a respiratory therapy\\ntechnician. To qualify for a license as a respiratory therapy\\ntechnician an applicant shall fulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have received an education including completion of high\\nschool or its equivalent and have completed an approved one-year\\ncertificate respiratory therapy education program, or a program\\ndetermined equivalent, in accordance with the commissioner's\\nregulations;\\n 3. Experience: have experience satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 4. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 5. Age: be at least eighteen years of age;\\n 6. Character: be of good moral character as determined by the\\ndepartment; and\\n 7. Fees: pay a fee of ninety dollars to the department for admission\\nto a department conducted examination and for an initial license; a fee\\nof sixty dollars for each re-examination; a fee of fifty dollars for an\\ninitial license for persons not requiring admission to a department\\nconducted examination and a fee of ninety dollars for each triennial\\nregistration period commencing on and after June first, nineteen hundred\\nninety-three.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8510-A", "title" : "Mandatory continuing education for respiratory therapy technicians", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8510-A", "activeDate" : "2014-09-22", "sequenceNo" : 1946, "repealedDate" : null, "fromSection" : "8510-A", "toSection" : "8510-A", "text" : " § 8510-a. Mandatory continuing education for respiratory therapy\\ntechnicians. 1. (a) Each licensed respiratory therapy technician\\nrequired under this article to register triennially with the department\\nto practice in the state shall comply with provisions of the mandatory\\ncontinuing education requirements prescribed in subdivision two of this\\nsection except as set forth in paragraphs (b) and (c) of this\\nsubdivision. Respiratory therapy technicians who do not satisfy the\\nmandatory continuing education requirement shall not practice until they\\nhave met such requirements, and have been issued a registration\\ncertificate, except that a respiratory therapy technician may practice\\nwithout having met such requirements if he or she is issued a\\nconditional registration certificate pursuant to subdivision three of\\nthis section.\\n (b) Respiratory therapy technicians shall be exempt from the mandatory\\ncontinuing education requirement for the triennial registration period\\nduring which they are first licensed. In accord with the intent of this\\nsection, adjustment to the mandatory continuing education requirement\\nmay be granted by the department for reasons of health, certified by an\\nappropriate health care professional, for extended active duty with the\\narmed forces of the United States, or for other good cause acceptable to\\nthe department which may prevent compliance.\\n (c) A licensed respiratory therapy technician not engaged in practice\\nas determined by the department, shall be exempt from the mandatory\\ncontinuing education requirement upon the filing of a statement with the\\ndepartment declaring such status. Any licensee who returns to their\\nrespective practice as a respiratory therapy technician during the\\ntriennial registration period shall notify the department prior to\\nreentering the profession and shall meet such mandatory education\\nrequirements as shall be prescribed by regulations of the commissioner.\\n 2. During each triennial registration period an applicant for\\nregistration as a respiratory therapy technician shall complete a\\nminimum of twenty-four hours of acceptable formal continuing education,\\nas specified in subdivision four of this section, provided that no more\\nthan twelve hours of such continuing education shall consist of\\nself-study courses. Any respiratory therapy technician whose first\\nregistration date following the effective date of this section occurs\\nless than three years from such effective date, but on or after January\\nfirst, two thousand one, shall complete continuing education hours on a\\nprorated basis at the rate of two-thirds of one hour per month for the\\nperiod beginning January first, two thousand up to the first\\nregistration date thereafter. A licensee who has not satisfied the\\nmandatory continuing education requirements shall not be issued a\\ntriennial registration certificate by the department and shall not\\npractice unless and until a conditional registration certificate is\\nissued as provided for in subdivision three of this section. With the\\nexception of continuing education hours taken during the registration\\nperiod immediately preceding the effective date of this section,\\ncontinuing education hours completed during one triennium may not be\\ntransferred to a subsequent triennium.\\n 3. The department, in its discretion, may issue a conditional\\nregistration to a licensee who fails to meet the continuing education\\nrequirements established in subdivision two of this section but who\\nagrees to make up any deficiencies and complete any additional education\\nwhich the department may require. The fee for such a conditional\\nregistration shall be the same as, and in addition to, the fee for the\\ntriennial registration. The duration of such conditional registration\\nshall be determined by the department but shall not exceed one year. Any\\nlicensee who is notified of the denial of registration for failure to\\nsubmit evidence, satisfactory to the department, of required continuing\\neducation and who practices as a respiratory therapy technician without\\nsuch registration, may be subject to the disciplinary proceedings\\npursuant to section sixty-five hundred ten of this title.\\n 4. As used in subdivision two of this section, \"acceptable formal\\ncontinuing education\" for respiratory therapy technicians shall mean\\nformal courses of learning which contribute to professional practice as\\na respiratory therapy technician and which meet the standards prescribed\\nby regulations of the commissioner. The department may, in its\\ndiscretion and as needed to contribute to the health and welfare of the\\npublic, require the completion of continuing education courses in\\nspecific subjects.\\n 5. Respiratory therapy technicians shall maintain adequate\\ndocumentation of completion of acceptable formal continuing education\\nand shall provide such documentation at the request of the department.\\n 6. The mandatory continuing education fee for respiratory therapy\\ntechnicians shall be twenty-five dollars, shall be payable on or before\\nthe first day of each triennial registration period, and shall be paid\\nin addition to the triennial registration fee required by section\\neighty-five hundred ten of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8511", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8511", "activeDate" : "2014-09-22", "sequenceNo" : 1947, "repealedDate" : null, "fromSection" : "8511", "toSection" : "8511", "text" : " § 8511. Limited permits. 1. Eligibility. The department may issue a\\nlimited permit to an applicant who meets all requirements for admission\\nto the licensing examination.\\n 2. Limit of practice. All practice under a limited permit shall be\\nunder the direct supervision of a licensed respiratory therapist or a\\nlicensed or otherwise legally authorized physician.\\n 3. Duration. A limited permit shall expire one year from the date of\\nissuance or upon notice to the permittee by the department that the\\napplication for registration has been denied, or ten days after\\nnotification to the permittee of failure on the professional licensing\\nexamination, whichever first occurs; provided, however, that if the\\npermittee is awaiting the results of a licensing examination at the time\\nsuch limited permit expires, such permit shall continue to be valid\\nuntil ten days after notification to the permittee of the result of such\\nexamination.\\n 4. Fees. The fee for each limited permit shall be fifty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8512", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8512", "activeDate" : "2014-09-22", "sequenceNo" : 1948, "repealedDate" : null, "fromSection" : "8512", "toSection" : "8512", "text" : " § 8512. Exempt persons. This article shall not prohibit:\\n 1. a respiratory therapy student or a respiratory therapy technician\\nstudent from engaging in clinical assistance under the supervision of a\\nlicensed respiratory therapist or a licensed or otherwise legally\\nauthorized physician as an integral part of a program of study by\\nstudents enrolled in an approved respiratory therapy technician program\\nor in a clinical facility or health care agency affiliated with the\\nprogram for respiratory therapy technicians; or\\n 2. the performance of any of the tasks or responsibilities included in\\nthe definition of respiratory therapy technician by any other duly\\nlicensed, certified or registered health care provider, provided that\\nsuch tasks or responsibilities are within the scope of his or her\\npractice; or\\n 3. unlicensed assistants from being employed in a hospital, as defined\\nin article twenty-eight of the public health law, for purposes other\\nthan the practice of respiratory therapy technician; or\\n 4. the practice of respiratory therapy by any legally qualified\\nrespiratory therapy practitioner of any other state or territory who is\\nserving in the armed forces or the public health service of the United\\nStates or who is employed by the veterans administration, while engaged\\nin the performance of his or her duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8513", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8513", "activeDate" : "2014-09-22", "sequenceNo" : 1949, "repealedDate" : null, "fromSection" : "8513", "toSection" : "8513", "text" : " § 8513. Special provisions. A person shall be licensed without\\nexamination provided that, within one year of the effective date of this\\narticle, the individual:\\n 1. files an application and pays the appropriate fees to the\\ndepartment; and\\n 2. (a) is certified by a national certifying or accrediting board for\\nrespiratory therapy technicians acceptable to the department, or\\n (b) has practiced as a respiratory therapy technician in a hospital,\\nas defined in article twenty-eight of the public health law, in the\\nstate for not less than two years within the last five years, or\\n (c) has met the educational standards of a hospital, as defined in\\narticle twenty-eight of the public health law, or, in the case of a\\nhospital operated by a public benefit corporation, has met the\\neducational standards of such corporation, and has practiced as a\\nrespiratory therapy technician for at least one year in such hospital.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 16 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A165", "title" : "Clinical Laboratory Technology Practice Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2022-07-29", "2024-07-05" ], "docLevelId" : "165", "activeDate" : "2014-09-22", "sequenceNo" : 1950, "repealedDate" : null, "fromSection" : "8600", "toSection" : "8610", "text" : " ARTICLE 165\\n CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT\\nSection 8600. Introduction.\\n 8601. Definition of the practice of clinical laboratory\\n technology and clinical laboratory technology\\n practitioner.\\n 8602. Practice of clinical laboratory technology and\\n cytotechnology and use of the titles \"licensed\\n clinical laboratory technologist\" and \"licensed\\n cytotechnologist\".\\n 8603. Practice as a clinical laboratory technician and\\n histological technician and the use of the titles\\n \"clinical laboratory technician\" and \"histological\\n technician\".\\n 8604. State board for clinical laboratory technology.\\n 8605. Requirements for a license as a clinical laboratory\\n technologist or cytotechnologist.\\n 8606. Requirements for certification as a clinical laboratory\\n technician.\\n 8606-a. Requirements for certification as a histological\\n technician.\\n 8607. Special provisions.\\n 8608. Limited permits.\\n 8609. Exempt persons.\\n 8610. Restricted clinical laboratory and limited licenses.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8600", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8600", "activeDate" : "2014-09-22", "sequenceNo" : 1951, "repealedDate" : null, "fromSection" : "8600", "toSection" : "8600", "text" : " § 8600. Introduction. This article defines the practice of clinical\\nlaboratory technology and provides for the licensing of clinical\\nlaboratory technologists and cytotechnologists and for the certification\\nof clinical laboratory technicians and histological technicians. The\\ngeneral provisions for all professions contained in article one hundred\\nthirty of this title shall apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8601", "title" : "Definition of the practice of clinical laboratory technology and clinical laboratory technology practitioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8601", "activeDate" : "2014-09-22", "sequenceNo" : 1952, "repealedDate" : null, "fromSection" : "8601", "toSection" : "8601", "text" : " § 8601. Definition of the practice of clinical laboratory technology\\nand clinical laboratory technology practitioner. 1. \"Clinical laboratory\\ntechnology\" means the performance of microbiological, virological,\\nserological, chemical, immunohematological, hematological, biophysical,\\ncytogenetical, cytological or histological procedures and examinations\\nand any other test or procedure conducted by a laboratory as defined by\\ntitle five of article five of the public health law, on material derived\\nfrom the human body which provides information for the diagnosis,\\nprevention or treatment of a disease or assessment of a human medical\\ncondition.\\n 2. A \"clinical laboratory practitioner\" means clinical laboratory\\ntechnologists, cytotechnologists, clinical laboratory technicians, and\\nhistological technicians as such terms are defined in this subdivision,\\nwho practice clinical laboratory technology in a licensed clinical\\nlaboratory. For the purposes of this article, a licensed clinical\\nlaboratory does not include a laboratory operated by any licensed\\nphysician, dentist, podiatrist, midwife or certified nurse practitioner\\nwho performs laboratory tests or procedures, personally or through his\\nor her employees, solely as an adjunct to the treatment of his or her\\nown patients.\\n (a) \"Clinical laboratory technologist\" means a clinical laboratory\\npractitioner who, pursuant to established and approved protocols of the\\ndepartment of health, performs clinical laboratory procedures and\\nexaminations and any other tests or procedures conducted by a clinical\\nlaboratory, including maintaining equipment and records, and performing\\nquality assurance activities related to examination performance, and\\nwhich require the exercise of independent judgment and responsibility,\\nas determined by the department.\\n (b) \"Cytotechnologist\" means a clinical laboratory practitioner who,\\npursuant to established and approved protocols of the department of\\nhealth, performs cytological procedures and examinations and any other\\nsuch tests including maintaining equipment and records and performing\\nquality assurance activities related to examination performance, and\\nwhich require the exercise of independent judgment and responsibility,\\nas determined by the department.\\n (c) \"Clinical laboratory technician\" means a clinical laboratory\\npractitioner who performs clinical laboratory procedures and\\nexaminations pursuant to established and approved protocols of the\\ndepartment of health, which require limited exercise of independent\\njudgment and which are performed under the supervision of a clinical\\nlaboratory technologist, laboratory supervisor, or director of a\\nclinical laboratory.\\n (d) \"Histological technician\" means a clinical laboratory practitioner\\nwho pursuant to established and approved protocols of the department of\\nhealth performs slide based histological assays, tests, and procedures\\nand any other such tests conducted by a clinical histology laboratory,\\nincluding maintaining equipment and records and performing quality\\nassurance activities relating to procedure performance on histological\\ntesting of human tissues and which requires limited exercise of\\nindependent judgment and is performed under the supervision of a\\nlaboratory supervisor, designated by the director of a clinical\\nlaboratory or under the supervision of the director of the clinical\\nlaboratory.\\n (e) \"Director of a clinical laboratory\" means a director as that term\\nis defined in section five hundred seventy-one of the public health law.\\n (f) \"Laboratory supervisor\" means an individual who, under the general\\ndirection of the laboratory director, supervises technical personnel and\\nreporting of findings, performs tests requiring special scientific\\nskills, and, in the absence of the director, is responsible for the\\nproper performance of all laboratory procedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8602", "title" : "Practice of clinical laboratory technology and cytotechnology and use of the titles \"licensed clinical laboratory technologist\" and \"lice...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8602", "activeDate" : "2014-09-22", "sequenceNo" : 1953, "repealedDate" : null, "fromSection" : "8602", "toSection" : "8602", "text" : " § 8602. Practice of clinical laboratory technology and cytotechnology\\nand use of the titles \"licensed clinical laboratory technologist\" and\\n\"licensed cytotechnologist\". No person shall practice clinical\\nlaboratory technology or hold himself or herself out as a clinical\\nlaboratory technologist or a cytotechnologist in this state unless he or\\nshe is licensed or exempt pursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8603", "title" : "Practice as a clinical laboratory technician and histological technician and the use of the titles \"clinical laboratory technician\" and \"...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8603", "activeDate" : "2014-09-22", "sequenceNo" : 1954, "repealedDate" : null, "fromSection" : "8603", "toSection" : "8603", "text" : " § 8603. Practice as a clinical laboratory technician and histological\\ntechnician and the use of the titles \"clinical laboratory technician\"\\nand \"histological technician\". No person shall practice as a clinical\\nlaboratory technician or as a histological technician or hold himself or\\nherself out as a clinical laboratory technician or a histological\\ntechnician in this state unless he or she is certified or exempt\\npursuant to this article, provided that an individual licensed as a\\nclinical laboratory technologist, cytotechnologist, or clinical\\nlaboratory technician may practice the profession of histological\\ntechnician.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8604", "title" : "State board for clinical laboratory technology", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8604", "activeDate" : "2014-09-22", "sequenceNo" : 1955, "repealedDate" : null, "fromSection" : "8604", "toSection" : "8604", "text" : " § 8604. State board for clinical laboratory technology. A state board\\nfor clinical laboratory technology shall be appointed by the board of\\nregents upon the recommendation of the commissioner for the purpose of\\nassisting the board of regents and the department on matters of\\nprofessional licensing and professional conduct in accordance with\\nsection sixty-five hundred eight of this title. The board shall be\\ncomposed of twelve members, four of whom shall be licensed clinical\\nlaboratory technologists, two of whom shall be licensed\\ncytotechnologists, one of whom shall be a certified clinical laboratory\\ntechnician, one of whom shall be a certified histological technician,\\ntwo members of the public, one representative of the\\ndiagnostic/manufacturing industry, and one director of a clinical\\nlaboratory who shall be a physician. An executive secretary to the board\\nshall be appointed by the board of regents upon the recommendation of\\nthe commissioner. The clinical laboratory practitioner members of the\\ninitial board need not be licensed prior to their appointment but shall\\nhave met all other requirements of licensing except the filing of an\\napplication, the passing of a satisfactory exam and paying a fee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8605", "title" : "Requirements for a license as a clinical laboratory technologist or cytotechnologist", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8605", "activeDate" : "2014-09-22", "sequenceNo" : 1956, "repealedDate" : null, "fromSection" : "8605", "toSection" : "8605", "text" : " § 8605. Requirements for a license as a clinical laboratory\\ntechnologist or cytotechnologist. To qualify for a license as a clinical\\nlaboratory technology practitioner under one of the titles defined in\\nsubdivision two of section eighty-six hundred one of this article, an\\napplicant shall fulfill the particular requirements of a subdivision of\\nthis section applicable to the license and title sought by the\\napplicant:\\n 1. Licensure as a clinical laboratory technologist.\\n (a) Application: file an application with the department;\\n (b) Education: have received an education, including a bachelor's\\ndegree in clinical laboratory technology from a program registered by\\nthe department or determined by the department to be the substantial\\nequivalent, or have received a bachelor's degree that includes a minimum\\nnumber of credit hours in the sciences and received appropriate clinical\\neducation in an accredited clinical laboratory technology program or a\\nprogram to be determined by the department to be the substantial\\nequivalent;\\n (c) Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n (d) Age: be at least eighteen years of age;\\n (e) Character: be of good moral character as determined by the\\ndepartment; and\\n (f) Fees: pay a fee of one hundred seventy-five dollars for an initial\\nlicense and a fee of one hundred seventy dollars for each triennial\\nregistration period.\\n 2. Licensure as a cytotechnologist.\\n (a) Application: file an application with the department;\\n (b) Education: have received an education, including a bachelor's\\ndegree in cytotechnology from a program registered by the department or\\ndetermined by the department to be the substantial equivalent, or have\\nreceived a bachelor's degree that includes a minimum number of credit\\nhours in the sciences and received appropriate clinical education in an\\naccredited cytotechnology program or a program determined by the\\ndepartment to be the substantial equivalent;\\n (c) Examination: pass an examination acceptable to the board and in\\naccordance with the commissioner's regulations;\\n (d) Age: be at least eighteen years of age;\\n (e) Character: be of good moral character as determined by the\\ndepartment; and\\n (f) Fees: pay a fee of one hundred seventy-five dollars for an initial\\nlicense and a fee of one hundred seventy dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8606", "title" : "Requirements for certification as a clinical laboratory technician", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8606", "activeDate" : "2014-09-22", "sequenceNo" : 1957, "repealedDate" : null, "fromSection" : "8606", "toSection" : "8606", "text" : " § 8606. Requirements for certification as a clinical laboratory\\ntechnician. For certification as a clinical laboratory technician under\\nthis article, an applicant shall fulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have received an education, including an associate's\\ndegree from an approved clinical laboratory technician program\\nregistered by the department or determined by the department to be the\\nsubstantial equivalent;\\n 3. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 4. Age: be at least eighteen years of age;\\n 5. Character: be of good moral character as determined by the\\ndepartment; and\\n 6. Fees: pay a fee of one hundred twenty-five dollars for an initial\\ncertification and a fee of one hundred twenty dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8606-A", "title" : "Requirements for certification as a histological technician", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29", "2023-01-20" ], "docLevelId" : "8606-A", "activeDate" : "2014-09-22", "sequenceNo" : 1958, "repealedDate" : null, "fromSection" : "8606-A", "toSection" : "8606-A", "text" : " § 8606-a. Requirements for certification as a histological technician.\\nFor certification as a histological technician under this article, an\\napplicant shall fulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have received an education, including an associate's\\ndegree from an approved histological technician program registered by\\nthe department or determined by the department to be the substantial\\nequivalent, or have received an associate's degree that includes a\\nminimum number of credit hours in the sciences and received appropriate\\nclinical education in a histological technician program approved by the\\ndepartment or a program to be determined by the department to be the\\nsubstantial equivalent;\\n 3. Examination: pass an examination satisfactory to the board and in\\naccordance with the commissioner's regulations;\\n 4. Age: be at least eighteen years of age;\\n 5. Character: be of good moral character as determined by the\\ndepartment; and\\n 6. Fees: pay a fee of one hundred twenty-five dollars for an initial\\ncertification and a fee of one hundred twenty dollars for each triennial\\nregistration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8607", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8607", "activeDate" : "2014-09-22", "sequenceNo" : 1959, "repealedDate" : null, "fromSection" : "8607", "toSection" : "8607", "text" : " § 8607. Special provisions. 1. Notwithstanding the requirements of\\nsection eighty-six hundred five and eighty-six hundred six of this\\narticle, and until July first, two thousand nine, an individual may be\\nlicensed as a clinical laboratory technology practitioner, as defined in\\nsection eighty-six hundred one of this article, provided that an\\nindividual may be licensed pursuant to subparagraph (vi) of paragraph\\n(a) or subparagraph (iii) of paragraph (b) of this subdivision until\\nDecember thirty-first, two thousand thirteen provided such person:\\n (a) In the case of clinical laboratory technologist, has either:\\n (i) met the educational requirements for clinical laboratory\\ntechnologist as defined in section eighty-six hundred five of this\\narticle and has been performing the duties of a clinical laboratory\\ntechnologist for two of the past five years prior to December\\nthirty-first, two thousand seven; or completed an approved baccalaureate\\ndegree program in biological, chemical or physical sciences from an\\naccredited college or university and has been performing the duties of a\\nclinical laboratory technologist for two of the past five years prior to\\nDecember thirty-first, two thousand seven;\\n (ii) been engaged full-time in the education of clinical laboratory\\npractitioners for the equivalent of two of the past five years prior to\\nDecember thirty-first, two thousand seven;\\n (iii) performed the duties of a clinical laboratory technologist for\\nat least five years prior to December thirty-first, two thousand seven\\nas verified by a director of a clinical laboratory;\\n (iv) become previously qualified under other regulatory requirements\\nfor that license or its equivalent;\\n (v) become a currently certified clinical laboratory technician with a\\nbachelor's degree from an accredited college that includes a minimum\\nnumber of credit hours in the sciences and four years of documented work\\nexperience as a clinical laboratory technician, acceptable to the\\ndepartment; or\\n (vi) become qualified to perform the duties of a clinical laboratory\\ntechnologist in a clinical laboratory operated in accordance with title\\nfive of article five of the public health law and the regulations\\npromulgated thereunder, and competently performed the duties of a\\nclinical laboratory technologist in a clinical laboratory for a period\\nof not less than six months in the three years immediately preceding\\nDecember thirty-first, two thousand seven as verified by a director of\\nthe clinical laboratory.\\n (b) In the case of a clinical laboratory technician, has either:\\n (i) met the educational requirements of a clinical laboratory\\ntechnician as defined in section eighty-six hundred six of this article\\nand performed the duties of a clinical laboratory technician for two of\\nthe past five years prior to December thirty-first, two thousand seven;\\n (ii) performed the duties of a clinical laboratory technician for at\\nleast five years prior to December thirty-first, two thousand seven or\\nhas previously qualified under other regulatory requirements for such a\\ncertification or such certification's equivalent; or\\n (iii) become qualified to perform the duties of a clinical laboratory\\ntechnician in a clinical laboratory operated in accordance with title\\nfive of article five of the public health law and the regulations\\npromulgated thereunder, and competently performed the duties of a\\nclinical laboratory technician in a clinical laboratory for a period of\\nnot less than six months in the three years immediately preceding\\nDecember thirty-first, two thousand seven as verified by a director of\\nthe clinical laboratory.\\n (c) In the case of cytotechnologist, has either:\\n (i) met the educational requirements of a cytotechnologist as defined\\nin section eighty-six hundred five of this article and performed the\\nduties of a cytotechnologist for two of the previous five years prior to\\nDecember thirty-first, two thousand seven;\\n (ii) performed the duties of a cytotechnologist for at least five\\nyears prior to December thirty-first, two thousand seven as verified by\\na director of a clinical laboratory; or\\n (iii) has previously qualified under other regulatory requirements for\\nsuch a license or such license's equivalent.\\n (d) In the case of a histological technician, has either:\\n (i) met the educational requirements of a histological technician as\\ndefined in section eighty-six hundred six-a of this article and\\nperformed the duties of a histological technician for two of the past\\nfive years prior to December thirty-first, two thousand seven;\\n (ii) performed the duties of a histological technician for at least\\nfive years prior to December thirty-first, two thousand seven or has\\npreviously qualified under other regulatory requirements for such a\\ncertification or such certification's equivalent; or\\n (iii) become qualified to perform the duties of a histological\\ntechnician in a clinical laboratory operated in accordance with title\\nfive of article five of the public health law and the regulations\\npromulgated thereunder, and competently performed the duties of a\\nhistological technician in a clinical laboratory for a period of not\\nless than six months in the three years immediately preceding December\\nthirty-first, two thousand seven as verified by a director of the\\nclinical laboratory.\\n 2. For the purposes of subdivision one of this section, it shall be\\ndetermined that the filing of an application with the department on or\\nbefore January first, two thousand nine shall qualify for purposes of\\nsuch subdivision, regardless of the time period required for processing\\nsuch application, provided that an application for licensure pursuant to\\nsubparagraph (vi) of paragraph (a), subparagraph (iii) of paragraph (b),\\nor subparagraph (iii) or paragraph (d) of subdivision one of this\\nsection shall be submitted on or before September first, two thousand\\nthirteen.\\n 3. The commissioner may adopt such regulations as appropriate to\\nlicense or certify individuals who hold valid licenses, certifications\\nor their equivalent in another state or country, provided the standards\\nfor granting licenses or certifications to such individuals are not less\\nthan the standards required of persons otherwise licensed or certified\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8608", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-03", "2022-07-29", "2023-01-20", "2023-01-27" ], "docLevelId" : "8608", "activeDate" : "2014-09-22", "sequenceNo" : 1960, "repealedDate" : null, "fromSection" : "8608", "toSection" : "8608", "text" : " § 8608. Limited permits. On the recommendation of the board, the\\ndepartment may issue a limited permit to practice as a clinical\\nlaboratory practitioner to an applicant who has met all requirements for\\nlicensure as a clinical laboratory technologist or cytotechnologist or\\ncertification as a clinical laboratory technician or histological\\ntechnician, except those relating to the examination and provided that\\nthe individual is under the general supervision of the director of a\\nclinical laboratory, as determined by the department. This limited\\npermit shall be valid for a period of not more than one year, and may be\\nrenewed, at the discretion of the department, for one additional year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8609", "title" : "Exempt persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2022-07-29", "2023-01-20" ], "docLevelId" : "8609", "activeDate" : "2014-09-22", "sequenceNo" : 1961, "repealedDate" : null, "fromSection" : "8609", "toSection" : "8609", "text" : " § 8609. Exempt persons. This article shall not be construed to apply\\nto:\\n 1. the practice, conduct, activities, or services by any person\\nlicensed or otherwise authorized to practice medicine within the state\\npursuant to article one hundred thirty-one-B of this title, or by any\\nperson registered to perform services as a physician assistant or\\nspecialist assistant within the state pursuant to article one hundred\\nthirty-one-B of this title, or by any person licensed to practice\\ndentistry within the state pursuant to article one hundred thirty-three\\nof this title, or by any person licensed to practice podiatry within the\\nstate pursuant to article one hundred forty-one of this title, or by any\\nperson certified as a nurse practitioner within the state pursuant to\\narticle one hundred thirty-nine of this title, or by any person licensed\\nto perform services as a respiratory therapist or respiratory therapy\\ntechnician under article one hundred sixty-four of this title, or any\\nperson licensed to practice midwifery within the state pursuant to\\narticle one hundred forty of this title, or a person licensed to\\npractice nursing pursuant to article one hundred thirty-nine of this\\ntitle, or a person licensed to practice pursuant to article thirty-five\\nof the public health law; provided, however, that no such person shall\\nuse the titles licensed laboratory technologist, cytotechnologist, or\\ncertified laboratory technician, unless licensed or certified under this\\narticle; or\\n 2. clinical laboratory technology practitioners employed by the United\\nStates government or any bureau, division, or agency thereof, while in\\nthe discharge of the employee's official duties; or\\n 3. clinical laboratory technology practitioners employed by the New\\nYork State Department of Health Wadsworth Center Laboratory or the New\\nYork City Department of Health and Mental Hygiene Public Health\\nLaboratory, while in the discharge of the employee's official duties; or\\n 4. clinical laboratory technology practitioners engaged in teaching or\\nresearch, provided that the results of any examination performed are not\\nused in health maintenance, diagnosis or treatment of disease and are\\nnot added to the patient's permanent record; or\\n 5. students or trainees enrolled in approved clinical laboratory\\nscience or technology education programs or training programs described\\nin subparagraph (iii) of paragraph (c) of subdivision one of section\\neighty-six hundred ten of this article provided that these activities\\nconstitute a part of a planned course in the program, that the persons\\nare designated by a title such as intern, trainee, fellow or student,\\nand the persons work directly under the supervision of an individual\\nlicensed or exempt pursuant to subdivision one, two, four or eight of\\nthis section; or\\n 6. persons employed by a clinical laboratory to perform supportive\\nfunctions not related to the direct performance of laboratory procedures\\nor examinations; or\\n 7. persons who are working in facilities registered pursuant to\\nsection five hundred seventy-nine of the public health law and only\\nperform waived tests as defined in section five hundred seventy-one of\\nthe public health law pursuant to such registration; or\\n 8. a director of a clinical laboratory holding a valid certificate of\\nqualification pursuant to section five hundred seventy-three of the\\npublic health law.\\n * 9. the performance of, use of, and analysis of the results from\\npoint of care tests and instruments used to monitor coagulation, blood\\ngas and blood chemistry and hemoglobin and hematocrit pursuant to an\\norder and under the direction and supervision of a licensed physician by\\nindividuals employed on a salaried basis by a hospital and issued a\\npermit by the department. Such permit shall be issued for a period of\\ntwo years to individuals who submit an application which includes an\\nattestation by the applicant's employer that the applicant is employed\\non a salaried basis by a hospital in New York state, and meets the\\nqualifications established by such hospital to perform extracorporeal or\\nintracorporeal services under the direction and supervision of a\\nlicensed physician. Such permit shall be subject to full disciplinary\\nand regulatory authority of the board of regents and the department,\\npursuant to this title, as if such permit were a professional license\\nissued under this article. The fee for such permit shall be fifty\\ndollars.\\n * NB Repealed October 21, 2018\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8610", "title" : "Restricted clinical laboratory and limited licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-07-29", "2017-08-18", "2018-08-03", "2019-09-06", "2020-01-03", "2023-07-07" ], "docLevelId" : "8610", "activeDate" : "2014-09-22", "sequenceNo" : 1962, "repealedDate" : null, "fromSection" : "8610", "toSection" : "8610", "text" : " § 8610. Restricted clinical laboratory and limited licenses. 1.\\nRestricted clinical laboratory license.\\n (a) The department may issue a restricted license pursuant to which\\nthe restricted licensee may receive a certificate to perform certain\\nexaminations and procedures within the definition of clinical laboratory\\ntechnology set forth in subdivision one of section eighty-six hundred\\none of this article, provided that such a restricted licensee may\\nperform examinations and procedures only in those of the following areas\\nwhich are specifically listed in his or her certificate:\\nhistocompatibility, cytogenetics, stem cell process, flow\\ncytometry/cellular immunology and molecular diagnosis to the extent such\\nmolecular diagnosis is included in genetic testing-molecular and\\nmolecular oncology.\\n (b) Notwithstanding paragraph (a) of this subdivision, restricted\\nlicensees employed at National Cancer Institute designated cancer\\ncenters or at teaching hospitals that are eligible for distributions\\npursuant to paragraph (c) of subdivision three of section twenty-eight\\nhundred seven-m of the public health law may receive a certificate that\\nalso includes the practice of molecular diagnosis including but not\\nlimited to genetic testing-molecular and molecular oncology, and\\nrestricted licensees employed at national cancer institute designated\\ncancer centers may receive a certificate that includes the use of mass\\nspectrometry or any tests and procedures acceptable to the commissioner\\nof health, in consultation with the commissioner, in the field of\\nproteomics, provided that such certificate holders may practice in such\\nadditional areas only at such centers, teaching hospitals or other sites\\nas may be designated by the commissioner.\\n (c) To qualify for a restricted license, an applicant shall:\\n (i) file an application with the department;\\n (ii) have received an education, including a bachelor's degree in the\\nbiological, chemical, or physical sciences or in mathematics from a\\nprogram registered by the department or determined by the department to\\nbe the substantial equivalent;\\n (iii) have completed a training program with a planned sequence of\\nsupervised employment or engagement in activities appropriate for the\\narea of certification, which training program is satisfactory to the\\ndepartment in quality, breadth, scope and nature and is provided by an\\nentity that shall be responsible for the services provided. The training\\nprogram shall be described and attested to by the clinical director of\\nthe laboratory in which it is located prior to the beginning of the\\nprogram. The duration of the training program shall be one year of\\nfull-time training in the specific areas in which the applicant is\\nseeking certification or the part-time equivalent thereof, as determined\\nby the department, and the successful completion of such program shall\\nbe certified by a laboratory director who is responsible for overseeing\\nsuch program;\\n (iv) be at least eighteen years of age;\\n (v) be of good moral character as determined by the department; and\\n (vi) pay a fee of one hundred seventy-five dollars for an initial\\nrestricted license and a fee of one hundred seventy dollars for each\\ntriennial registration period.\\n (d) Each restricted licensee shall register with the department as\\nrequired of licensees pursuant to section sixty-five hundred two of this\\ntitle and shall be subject to the disciplinary provisions applicable to\\nlicensees pursuant to subarticle three of article one hundred thirty of\\nthis title.\\n 2. Limited license. (a) The department may issue a limited license and\\nregistration pursuant to which the limited licensee may perform\\nexaminations and procedures within the definition of clinical laboratory\\ntechnology set forth in subdivision one of section eight thousand six\\nhundred one of this article, provided that an individual qualifying for\\na limited license pursuant to clause three of subparagraph (ii) of\\nparagraph (b) of this subdivision shall perform only those examinations\\nand procedures that are for the purpose of human trials of such\\nexaminations and procedures as were the subject of the individual's\\nresearch and that nothing contained in this subdivision shall authorize\\nany individual to provide any examinations or procedures that he or she\\nis prohibited from performing pursuant to the public health law, and\\nprovided further that an individual qualifying for a limited license\\npursuant to clause four of subparagraph (ii) of paragraph (b) of this\\nsubdivision shall perform only those examinations and procedures that\\nare within the scope of practice of histological technicians. A limited\\nlicense may be granted to an applicant who is employed in a clinical\\nlaboratory under the direction of a clinical director and may be issued\\nfor the purpose of enabling the applicant to complete the education and\\nto pass the exam required for licensure as a clinical laboratory\\ntechnologist or histological technician in New York state, as\\napplicable. Notwithstanding the provisions of section sixty-five hundred\\ntwo of this title, no limited license shall be valid beyond September\\nfirst, two thousand sixteen and the registration issued with the limited\\nlicense shall be effective until September first, two thousand sixteen.\\n (b) To qualify for a limited license, an applicant shall:\\n (i) file an application with the department;\\n (ii) either:\\n (1) be licensed as a clinical laboratory technologist, or the\\nequivalent as determined by the department, in another jurisdiction; or\\n (2) have received both an education, including a bachelor's degree in\\nthe biological, chemical, or physical sciences, and training in a\\nclinical laboratory, provided that such education and training are\\nacceptable to the department; or\\n (3) have received a bachelor's degree in the biological, chemical, or\\nphysical sciences or in mathematics, and have served as a research\\nassistant in a research laboratory, under the direction of the director\\nor the principal researcher of such research laboratory, working on the\\nresearch and development of any procedures and examinations to be\\nconducted by a laboratory, as defined in title five of article five of\\nthe public health law, on material derived from the human body which\\nprovides information for the diagnosis, prevention or treatment of a\\ndisease or assessment of a human medical condition; or\\n (4) for those seeking a limited license as a histological technician,\\nhave received an education, including an associate's degree that\\nincludes a minimum number of credit hours in the sciences, provided that\\nsuch education is acceptable to the department;\\n (iii) be at least eighteen years of age;\\n (iv) be of good moral character as determined by the department; and\\n (v) pay a fee of three hundred forty-five dollars for a limited\\nlicense and registration, provided that the fee for a limited license\\nand registration as a histological technician shall be two hundred\\nforty-five dollars.\\n (c) Each limited licensee shall be subject to the disciplinary\\nprovisions applicable to licensees pursuant to subarticle three of\\narticle one hundred thirty of this title.\\n 3. The board of regents and the department are authorized to adopt\\nsuch rules and regulations as may be necessary to implement the\\nprovisions of this section.\\n 4. Nothing in this section shall restrict a clinical laboratory\\npractitioner, as defined in subdivision two of section eighty-six\\nhundred one of this article, from performing any of the examinations or\\nprocedures which restricted clinical laboratory licensees and limited\\nlicensees are permitted to perform under this section and which such\\nclinical laboratory practitioner is otherwise authorized to perform.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 12 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A166", "title" : "Medical Physics Practice", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "166", "activeDate" : "2014-09-22", "sequenceNo" : 1963, "repealedDate" : null, "fromSection" : "8700", "toSection" : "8709", "text" : " ARTICLE 166\\n MEDICAL PHYSICS PRACTICE\\nSection 8700. Introduction.\\n 8701. Definitions.\\n 8702. Definition of \"practice of medical physics\".\\n 8703. Use of the title \"professional medical physicist\".\\n 8704. State committee for medical physics.\\n 8705. Requirements and procedures for professional licensure.\\n 8706. Limited permits.\\n 8707. Exemptions.\\n 8708. Licensure without examination.\\n 8709. Separability.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8700", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8700", "activeDate" : "2014-09-22", "sequenceNo" : 1964, "repealedDate" : null, "fromSection" : "8700", "toSection" : "8700", "text" : " § 8700. Introduction. This article applies to the profession of\\nmedical physics. The general provisions for all professions contained in\\narticle one hundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8701", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8701", "activeDate" : "2014-09-22", "sequenceNo" : 1965, "repealedDate" : null, "fromSection" : "8701", "toSection" : "8701", "text" : " § 8701. Definitions. As used in this article:\\n 1. \"Clinical\" shall mean activities directly relating to the treatment\\nor diagnosis of human ailments.\\n 2. \"Specialty\" or \"specialty area\" shall mean the following branch or\\nbranches of special competence within medical physics:\\n (a) \"Diagnostic radiological physics\" shall mean the branch of medical\\nphysics relating to the diagnostic application of radiation, the\\nanalysis and interpretation of image quality, performance measurements\\nand the calibration of equipment associated with the production and use\\nof such radiation, the analysis and interpretation of measurements\\nassociated with patient doses and exposures, and the radiation safety\\naspects associated with the production and use of such radiation;\\n (b) \"Medical health physics\" shall mean the branch of medical physics\\npertaining to the radiation safety aspects of the use of radiation for\\nboth diagnostic and therapeutic purposes, and the use of equipment to\\nperform appropriate radiation measurements;\\n (c) \"Medical nuclear physics\" shall mean the branch of medical physics\\npertaining to the therapeutic and diagnostic application of\\nradionuclides, excluding those used in sealed sources for therapeutic\\npurposes, the analysis and interpretation of performance measurements\\nassociated with radiation imaging equipment and performance oversight of\\nradionuclide calibration equipment associated with the use and\\nproduction of radionuclides, the analysis and interpretation of\\nmeasurements and calculations associated with patient organ doses, and\\nthe radiation safety aspects associated with the production and use of\\nsuch radionuclides; and\\n (d) \"Therapeutic radiological physics\" or \"radiation oncology physics\"\\nshall mean the branch of medical physics relating to the therapeutic\\napplication of radiation, the analysis and interpretation of radiation\\nequipment performance measurements and the calibration of equipment\\nassociated with the production and use of such radiation, the analysis\\nand interpretation of measurements associated with patient doses, and\\nthe radiation safety aspects associated with the production and use of\\nsuch radiation.\\n 3. \"Medical physics\" shall mean the branch of physics limited to the\\nfield of radiological physics.\\n 4. \"Radiation\" shall mean all ionizing radiation above background\\nlevels or any non-ionizing radiation used in diagnostic imaging or in\\nradiation oncology.\\n 5. \"Radiological physics\" shall mean diagnostic radiological physics,\\ntherapeutic radiological physics or radiation oncology physics, medical\\nnuclear physics and medical health physics.\\n 6. \"Radiological procedure\" shall mean any test, measurement,\\ncalculation or radiation exposure for the purpose of diagnosis or\\ntreatment of any medical condition of a human, including therapeutic\\nradiation, diagnostic imaging and measurements, and nuclear medicine\\nprocedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8702", "title" : "Definition of \"practice of medical physics\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8702", "activeDate" : "2014-09-22", "sequenceNo" : 1966, "repealedDate" : null, "fromSection" : "8702", "toSection" : "8702", "text" : " § 8702. Definition of \"practice of medical physics\". 1. The \"practice\\nof the profession of medical physics\" shall mean the use and application\\nof accepted principles and protocols of physics in a clinical setting to\\nassure the correct quality, quantity and placement of radiation during\\nthe performance of a radiological procedure, so as to protect the\\npatient and other persons from harmful, excessive or misapplied\\nradiation. Such practice shall include, but not necessarily be limited\\nto: radiation beam calibration and characterization; oversight and\\nresponsibility for patient radiation dose measurement, calculation and\\nreporting; oversight and responsibility for quality control; instrument\\nspecification; optimization of image quality; acceptance testing;\\nshielding design; protection analysis on radiation emitting equipment\\nand radio-pharmaceuticals; and consultation with a physician to assure\\naccurate radiation dosage and application to a specific patient.\\n 2. A license to practice medical physics shall be issued with special\\ncompetency in one or more specialty areas in which the licensee has\\nsatisfied the requirements of section eighty-seven hundred five of this\\narticle.\\n 3. The practice in any specialty by a person whose license is not\\nissued with special competency for such specialty shall be deemed the\\nunauthorized practice of the profession of medical physics.\\n 4. Only a person licensed under this article shall practice the\\nprofession of medical physics.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8703", "title" : "Use of the title \"professional medical physicist\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8703", "activeDate" : "2014-09-22", "sequenceNo" : 1967, "repealedDate" : null, "fromSection" : "8703", "toSection" : "8703", "text" : " § 8703. Use of the title \"professional medical physicist\". Only a\\nperson licensed under this article shall use the title \"professional\\nmedical physicist\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8704", "title" : "State committee for medical physics", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8704", "activeDate" : "2014-09-22", "sequenceNo" : 1968, "repealedDate" : null, "fromSection" : "8704", "toSection" : "8704", "text" : " § 8704. State committee for medical physics. 1. A state committee for\\nmedical physics shall be appointed by the board of regents upon the\\nrecommendation of the commissioner and shall assist on matters of\\nlicensure and professional conduct in accordance with section sixty-five\\nhundred eight of this title. Notwithstanding the provisions of section\\nsixty-five hundred eight of this title, the committee shall assist the\\nboard for medicine solely in medical physics matters, which board shall\\nalso function as the state board for medical physics. The licensure\\nrequirements for professional medical physicists shall be waived for the\\ninitial committee appointees, provided that such appointees shall have\\nreceived national certification in their specialty.\\n 2. The committee shall consist of eight individuals, to be composed of\\nthe following:\\n (a) Four licensed medical physicists represented by each of the\\nfollowing specialties:\\n (i) diagnostic radiological physics,\\n (ii) therapeutic radiological or radiation oncology physics,\\n (iii) medical nuclear physics, and\\n (iv) medical health physics;\\n (b) Three licensed physicians represented by each of the following\\nspecialties:\\n (i) diagnostic radiology,\\n (ii) radiation therapy or radiation oncology, and\\n (iii) nuclear medicine; and\\n (c) A representative of the public at large.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8705", "title" : "Requirements and procedures for professional licensure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8705", "activeDate" : "2014-09-22", "sequenceNo" : 1969, "repealedDate" : null, "fromSection" : "8705", "toSection" : "8705", "text" : " § 8705. Requirements and procedures for professional licensure. To\\nqualify for a license as a professional medical physicist, an applicant\\nshall fulfill the following requirements:\\n 1. Application: file an application with the department;\\n 2. Education: have received an education including a master's or\\ndoctoral degree from an accredited college or university in accordance\\nwith the commissioner's regulations. Such person shall have completed\\nsuch courses of instruction as are deemed necessary by the commissioner\\nto practice in the medical physics specialty in which the applicant has\\napplied for a license;\\n 3. Experience: have experience in his or her medical physics specialty\\nsatisfactory to the board and in accordance with the commissioner's\\nregulations;\\n 4. Examination: pass an examination in his or her medical specialty\\nsatisfactory to the board and in accordance with the commissioner's\\nregulations. The examination requirement may be waived by the board on\\nrecommendation of the commissioner for certain applicants with extensive\\nexperience as a medical physicist;\\n 5. Age: be at least twenty-one years of age;\\n 6. Fee: pay a fee of three hundred dollars to the department for\\nadmission to a department conducted examination for licensure, a fee of\\none hundred fifty dollars for licensure with special competency in the\\nfirst specialty and twenty-five dollars for each additional specialty,\\nand a fee of three hundred dollars for each biennial registration\\nperiod.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8706", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8706", "activeDate" : "2014-09-22", "sequenceNo" : 1970, "repealedDate" : null, "fromSection" : "8706", "toSection" : "8706", "text" : " § 8706. Limited permits. Permits limited as to eligibility, practice\\nand duration shall be issued by the department to eligible applicants,\\nas follows:\\n 1. Eligibility. The following persons shall be eligible for a limited\\npermit:\\n (a) a person who fulfills all requirements for a license as a\\nprofessional medical physicist except those relating to examination or\\nexperience; or\\n (b) a medical physics student enrolled in a graduate or post-graduate\\ncurriculum approved by the department;\\n 2. Limit of practice. A permittee shall be authorized to practice\\nmedical physics only under the direct and immediate supervision of a\\nprofessional medical physicist and only in the specialty of such\\nprofessional medical physicist;\\n 3. Duration. A limited permit shall be valid for two years. It may be\\nrenewed biennially at the discretion of the department;\\n 4. Fee. The fee for each limited permit and for each renewal shall be\\nsixty dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8707", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8707", "activeDate" : "2014-09-22", "sequenceNo" : 1971, "repealedDate" : null, "fromSection" : "8707", "toSection" : "8707", "text" : " § 8707. Exemptions. Nothing in this article shall be construed to\\naffect, prevent or in any manner expand or limit the authority of any\\nperson otherwise authorized by law or regulation to practice any\\nfunction of a medical physicist, or any department or agency authorized\\nby law or regulation to regulate the use of radiation, nor prohibit the\\nrepair or calibration of any test equipment used by professional medical\\nphysicists by any person otherwise allowed to do so under state or\\nfederal law, nor serve to limit radiologic and/or imaging technicians or\\nany individual otherwise authorized by law or regulation from performing\\nquality control measurements or obtaining quality control data, nor\\nserve to limit a service engineer in the repair of radiation producing\\nequipment nor an installation engineer in the installation of radiation\\nproducing equipment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8708", "title" : "Licensure without examination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8708", "activeDate" : "2014-09-22", "sequenceNo" : 1972, "repealedDate" : null, "fromSection" : "8708", "toSection" : "8708", "text" : " § 8708. Licensure without examination. 1. Within eighteen months of\\nthe effective date of regulations implementing the provisions of this\\narticle, the department may issue a license to practice medical physics\\nwith special competency in one or more specialties in this state,\\nwithout an examination, to a person who meets the requirements of\\nsubdivisions one, five and six of section eighty-seven hundred five of\\nthis article and who in addition has an earned bachelor's, master's or\\ndoctoral degree from an accredited college or university that signifies\\nthe completion of a course of study acceptable to the department, and\\nhas demonstrated to the department's satisfaction, in the case of an\\nearned bachelor's degree, the completion of at least fifteen years of\\nfull-time work experience in the medical physics specialty for which\\napplication is made, or, in the case of an earned master's or doctoral\\ndegree, the completion of at least two years of full-time work\\nexperience in the five years preceding the date of application in the\\nmedical physics specialty for which application is made and the\\nequivalent of one year or more of full-time work experience in the ten\\nyears preceding the date of application for each additional specialty\\nfor which application is made.\\n 2. On receipt of an application and fee pursuant to section\\neighty-seven hundred five of this article, the department may issue a\\nlicense to practice medical physics with special competency in one or\\nmore specialties in this state to a person who holds a license to\\npractice medical physics in another state, territory or jurisdiction\\nthat has requirements for licensing of medical physicists which the\\ndepartment determines to be substantially the same as the requirements\\nof this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8709", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8709", "activeDate" : "2014-09-22", "sequenceNo" : 1973, "repealedDate" : null, "fromSection" : "8709", "toSection" : "8709", "text" : " § 8709. Separability. If any section of this article, or part thereof,\\nshall be adjudged by any court of competent jurisdiction to be invalid,\\nsuch judgment shall not affect, impair or invalidate the remainder of\\nany other section or part thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A167", "title" : "Applied Behavior Analysis", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "167", "activeDate" : "2014-09-22", "sequenceNo" : 1974, "repealedDate" : null, "fromSection" : "8800", "toSection" : "8808", "text" : " ARTICLE 167\\n APPLIED BEHAVIOR ANALYSIS\\nSection 8800. Introduction.\\n 8801. Definitions.\\n 8802. Definition of the practice of \"applied behavior analysis\".\\n 8803. The practice of and use of the title \"licensed behavior\\n analyst\" or \"certified behavior analyst assistant\".\\n 8804. Requirements and procedures for professional licensure.\\n 8805. Special provisions.\\n 8806. Limited permits.\\n 8807. Exemptions.\\n 8808. State board for applied behavior analysis.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8800", "title" : "Introduction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8800", "activeDate" : "2014-09-22", "sequenceNo" : 1975, "repealedDate" : null, "fromSection" : "8800", "toSection" : "8800", "text" : " § 8800. Introduction. This article applies to the profession and\\npractice of applied behavior analysis and to the use of the titles\\n\"licensed behavior analyst\" and \"certified behavior analyst assistant\".\\nThe general provisions for all professions contained in article one\\nhundred thirty of this title apply to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8801", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8801", "activeDate" : "2014-09-22", "sequenceNo" : 1976, "repealedDate" : null, "fromSection" : "8801", "toSection" : "8801", "text" : " § 8801. Definitions. As used in this article, the following term shall\\nhave the following meaning:\\n \"Applied behavior analysis\" or \"ABA\" means the design, implementation,\\nand evaluation of environmental modifications, using behavioral stimuli\\nand consequences, to produce socially significant improvement in human\\nbehavior, including the use of direct observation, measurement, and\\nfunctional analysis of the relationship between environment and\\nbehavior.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8802", "title" : "Definition of the practice of \"applied behavior analysis\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-01-07", "2023-07-07" ], "docLevelId" : "8802", "activeDate" : "2014-09-22", "sequenceNo" : 1977, "repealedDate" : null, "fromSection" : "8802", "toSection" : "8802", "text" : " § 8802. Definition of the practice of \"applied behavior analysis\". 1.\\nThe practice of applied behavior analysis by a \"licensed behavior\\nanalyst\" shall mean the design, implementation and evaluation of\\nenvironmental modifications, using behavioral stimuli and consequences,\\nto produce socially significant improvement in human behavior, including\\nthe use of direct observation, measurement, and functional analysis of\\nthe relationship between environment and behavior, pursuant to a\\ndiagnosis and prescription or order from a person who is licensed or\\notherwise authorized to provide such diagnosis and prescription or\\nordering services pursuant to a profession enumerated in this title, for\\nthe purpose of providing behavioral health treatment for persons with\\nautism and autism spectrum disorders and related disorders.\\n 2. The practice of applied behavior analysis by a \"certified behavior\\nanalyst assistant\" means the services and activities provided by a\\nperson certified in accordance with this article who works under the\\nsupervision of a licensed behavior analyst to perform such patient\\nrelated applied behavior analysis tasks as are assigned by the\\nsupervising licensed behavior analyst. Supervision of a certified\\nbehavior analyst assistant by a licensed behavior analyst shall be in\\naccordance with regulations of the commissioner. No licensed behavior\\nanalyst shall supervise more than six certified behavior analyst\\nassistants.\\n 3. The practice of applied behavior analysis shall not include\\ndiagnosis of a disorder or condition for which ABA may be appropriate,\\nor prescribing or ordering ABA for a particular individual.\\n 4. Any individual whose license or authority to practice derives from\\nthe provisions of this article shall be prohibited from:\\n (a) Prescribing or administering drugs as defined in this chapter or\\nas a treatment, therapy, or professional service in the practice of his\\nor her profession; or\\n (b) Using invasive procedures as a treatment, therapy, or professional\\nservice in the practice of his or her profession. For purposes of this\\nsubdivision, \"invasive procedure\" means any procedure in which human\\ntissue is cut, altered, or otherwise infiltrated by mechanical or other\\nmeans. Invasive procedure includes, but is not limited to, surgery,\\nlasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive\\ntherapy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8803", "title" : "The practice of and use of the title \"licensed behavior analyst\" or \"certified behavior analyst assistant\"", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8803", "activeDate" : "2014-09-22", "sequenceNo" : 1978, "repealedDate" : null, "fromSection" : "8803", "toSection" : "8803", "text" : " § 8803. The practice of and use of the title \"licensed behavior\\nanalyst\" or \"certified behavior analyst assistant\". Only a person\\nlicensed, certified or exempt under this article shall practice applied\\nbehavior analysis. Only a person licensed or certified under this\\narticle shall use the titles \"licensed behavior analyst\" or \"certified\\nbehavior analyst assistant.\"\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8804", "title" : "Requirements and procedures for professional licensure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8804", "activeDate" : "2014-09-22", "sequenceNo" : 1979, "repealedDate" : null, "fromSection" : "8804", "toSection" : "8804", "text" : " § 8804. Requirements and procedures for professional licensure. 1. To\\nqualify for certification as a certified behavior analyst assistant, an\\napplicant shall fulfill the following requirements:\\n (a) Application: file an application with the department;\\n (b) Education: have received an education, including a bachelor's or\\nhigher degree from a program registered by the department or determined\\nby the department to be the substantial equivalent thereof, in\\naccordance with the commissioner's regulations.\\n (c) Experience: have experience in the practice of applied behavior\\nanalysis satisfactory to the board and the department in accordance with\\nthe commissioner's regulations.\\n (d) Examination: pass an examination acceptable to the board and the\\ndepartment in accordance with the commissioner's regulations.\\n (e) Age: be at least twenty-one years of age;\\n (f) Character: be of good moral character as determined by the\\ndepartment and submit an attestation of moral character; and\\n (g) Fee: pay a fee of one hundred fifty dollars for an initial license\\nand a fee of seventy-five dollars for each triennial registration\\nperiod.\\n 2. To qualify for a license as a licensed behavior analyst, an\\napplicant shall fulfill the following requirements:\\n (a) Application: file an application with the department;\\n (b) Education: have received an education, including a master's or\\nhigher degree from a program registered by the department or determined\\nby the department to be the substantial equivalent, thereof, in\\naccordance with the commissioner's regulations.\\n (c) Experience: have experience in the practice of applied behavior\\nanalysis satisfactory to the board and the department in accordance with\\nthe commissioner's regulations.\\n (d) Examination: pass an examination acceptable to the board and the\\ndepartment in accordance with the commissioner's regulations.\\n (e) Age: be at least twenty-one years of age;\\n (f) Character: be of good moral character as determined by the\\ndepartment and submit an attestation of moral character; and\\n (g) Fee: pay a fee of two hundred dollars for an initial license and a\\nfee of one hundred dollars for each triennial registration period.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8805", "title" : "Special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-02" ], "docLevelId" : "8805", "activeDate" : "2014-09-22", "sequenceNo" : 1980, "repealedDate" : null, "fromSection" : "8805", "toSection" : "8805", "text" : " § 8805. Special provisions. An individual who meets the requirements\\nfor a license or certification as a licensed behavior analyst or a\\ncertified behavior analyst assistant, except for examination, experience\\nand education, and who is certified or registered by a national\\ncertifying body having certification or registration standards\\nacceptable to the commissioner, may be licensed or certified, without\\nmeeting additional requirements as to examination, experience and\\neducation, provided that such individual submits an application to the\\ndepartment within two years of the effective date of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8806", "title" : "Limited permits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8806", "activeDate" : "2014-09-22", "sequenceNo" : 1981, "repealedDate" : null, "fromSection" : "8806", "toSection" : "8806", "text" : " § 8806. Limited permits. The following requirements for a limited\\npermit shall apply to all professions licensed or certified pursuant to\\nthis article:\\n 1. The department may issue a limited permit to an applicant who meets\\nall qualifications for licensure, except the examination and/or\\nexperience requirements, in accordance with regulations promulgated\\ntherefor.\\n 2. Limited permits shall be for one year; such limited permits may be\\nrenewed, at the discretion of the department, for one additional year.\\n 3. The fee for each limited permit and for each renewal shall be\\nseventy dollars.\\n 4. A limited permit holder shall practice only under supervision as\\ndetermined in accordance with the commissioner's regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8807", "title" : "Exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-02" ], "docLevelId" : "8807", "activeDate" : "2014-09-22", "sequenceNo" : 1982, "repealedDate" : null, "fromSection" : "8807", "toSection" : "8807", "text" : " § 8807. Exemptions. 1. Nothing contained in this article shall be\\nconstrued to limit the scopes of practice of any other profession\\nlicensed under this title.\\n 2. Nothing in this article shall be construed as prohibiting a person\\nfrom performing the duties of a licensed behavior analyst or a certified\\nbehavior analyst assistant, in the course of such employment, if such\\nperson is employed:\\n a. by a federal, state, county or municipal agency, or other political\\nsubdivision;\\n b. by a chartered elementary or secondary school or degree-granting\\ninstitution;\\n c. as a certified teacher or teaching assistant, other than a pupil\\npersonnel services professional, in an approved program as defined in\\nparagraph b of subdivision one of section forty-four hundred ten of this\\nchapter; or\\n d. in a setting to the extent that the exemption in paragraph d of\\nsubdivision six of section forty-four hundred ten of this chapter\\napplies.\\n 3. Nothing in this article shall be construed as prohibiting a\\ncertified teacher or teaching assistant, other than a pupil personnel\\nservices professional, from performing the duties of a licensed behavior\\nanalyst or certified behavior analyst assistant, in the course of such\\nemployment or contractual agreement, if such person is employed or\\ncontracted with an agency approved by the department of health to\\nprovide early intervention services or has an agreement with the\\ndepartment of health to provide early intervention services pursuant to\\ntitle two-A of article twenty-five of the public health law.\\n 4. Nothing in this article shall be construed as prohibiting the\\nactivities and services required of a student, intern, or resident in an\\neducational program acceptable to the department pursuant to the\\ncommissioner's regulations, pursuing a course of study leading to a\\nbachelor's or higher degree in an educational program acceptable to the\\ndepartment pursuant to the commissioner's regulations in an institution\\napproved by the department, provided that such activities and services\\nconstitute a part of his or her supervised course of study in an\\neducational program acceptable to the department pursuant to the\\ncommissioner's regulations. Such person shall be designated by title\\nwhich clearly indicates his or her training status.\\n 5. Nothing in this article shall be construed to affect or prevent a\\nperson without a license or other authorization pursuant to this title\\nfrom performing assessments, including collecting basic information,\\ngathering demographic data, and making informal observations, for the\\npurpose of determining need for services unrelated to an ABA plan.\\nFurther, licensure or authorization pursuant to this article shall not\\nbe required to create, develop or implement a service plan unrelated to\\nan ABA plan. This article shall not apply to behavioral health\\ntreatments other than ABA that may be provided to persons with autism\\nspectrum disorder. A license under this article shall not be required\\nfor persons to participate as a member of a multi-disciplinary team to\\nimplement an ABA plan; provided, however, that such team shall include\\none or more professionals licensed under this article or articles one\\nhundred thirty-one, one hundred fifty-three, one hundred fifty-four or\\none hundred sixty-three of this chapter; and provided further that the\\nactivities performed by members of the team shall be consistent with the\\nscope of practice for each team member licensed or authorized under this\\ntitle, and those who are not so authorized may not engage in the\\nfollowing restricted practices: creation, modification or termination of\\nan ABA plan; diagnosis of mental, emotional, behavioral, addictive and\\ndevelopmental disorders and disabilities; patient assessment and\\nevaluating; provision of psychotherapeutic treatment; provision of\\ntreatment other than psychotherapeutic treatment; and development and\\nimplementation of assessment-based treatment plans, as defined in\\nsection seventy-seven hundred one of this title. Provided further,\\nhowever, that nothing in this subdivision shall be construed as\\nrequiring a license or authorization for any particular activity or\\nfunction based solely on the fact that the activity or function is not\\nlisted in this subdivision. Provided further, however, that nothing in\\nthis subdivision shall authorize the delegation of restricted activities\\nto an individual who is not appropriately licensed or authorized under\\nthis title.\\n 6. Nothing in this article shall be construed as prohibiting an early\\nintervention ABA aide, pursuant to regulations promulgated by the\\ncommissioner of health, and acting under the supervision and direction\\nof a qualified supervisor who is licensed or otherwise authorized\\npursuant to title eight of this chapter from:\\n (a) assisting the supervisor and qualified personnel with the\\nimplementation of individual ABA plans;\\n (b) assisting in the recording and collection of data needed to\\nmonitor progress;\\n (c) participating in required team meetings; and\\n (d) completing any other activities as directed by his or her\\nsupervisor and as necessary to assist in the implementation of\\nindividual ABA plans.\\n Provided however, that nothing in this subdivision shall authorize the\\ndelegation of restricted activities to an individual who is not\\nappropriately licensed or otherwise authorized under this title;\\nprovided further however, that in regard to the early intervention\\nprogram established pursuant to title two-A of article twenty-five of\\nthe public health law, an early intervention ABA aide under the\\nsupervision and direction of a qualified supervisor may complete\\nactivities necessary to assist in the implementation of an individual\\nABA plan, provided that such activities do not require professional\\nskill or judgment.\\n 7. This article shall not be construed to prohibit care delivered by\\nany family member, household member or friend, or person employed\\nprimarily in a domestic capacity who does not hold himself or herself\\nout, or accept employment, as a person licensed to practice applied\\nbehavior analysis under the provisions of this article; provided that,\\nif such person is remunerated, the person does not hold himself or\\nherself out as one who accepts employment for performing such care.\\n 8. Nothing in this article shall be construed as prohibiting programs\\ncertified by the office of alcoholism and substance abuse services from\\nproviding substance use disorder services for persons with autism and\\nautism spectrum disorders and related disorders.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "8808", "title" : "State board for applied behavior analysis", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8808", "activeDate" : "2014-09-22", "sequenceNo" : 1983, "repealedDate" : null, "fromSection" : "8808", "toSection" : "8808", "text" : " § 8808. State board for applied behavior analysis. 1. A state board\\nfor applied behavior analysis shall be appointed by the board of regents\\nupon the recommendation of the commissioner and shall assist on matters\\nof licensing and professional conduct in accordance with section\\nsixty-five hundred eight of this title. An executive secretary of the\\nboard shall be appointed by the board of regents upon the recommendation\\nof the commissioner.\\n 2. The board shall consist of seven individuals, to be composed of the\\nfollowing:\\n (a) Three licensed behavior analysts;\\n (b) One certified behavior analyst assistant;\\n (c) One licensed psychologist, who may currently prescribe treatment\\ninvolving applied behavior analysis in his or her professional practice;\\nand\\n (d) Two public representatives, as defined in paragraph b of\\nsubdivision one of section sixty-five hundred eight of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false } ], "size" : 35 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "T9", "title" : "Laws Repealed; Saving Clause; When to Take Effect", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9", "activeDate" : "2014-09-22", "sequenceNo" : 1984, "repealedDate" : null, "fromSection" : "9001", "toSection" : "9003", "text" : " TITLE IX\\n LAWS REPEALED; SAVING CLAUSE; WHEN TO TAKE EFFECT\\nArticle 170. Laws repealed; saving clause; when to take effect.\\n (§§ 9001-9003).\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "A170", "title" : "Laws Repealed; Saving Clause; When to Take Effect", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "170", "activeDate" : "2014-09-22", "sequenceNo" : 1985, "repealedDate" : null, "fromSection" : "9001", "toSection" : "9003", "text" : " ARTICLE 170\\n LAWS REPEALED; SAVING CLAUSE; WHEN TO TAKE EFFECT\\nSection 9001. Laws repealed.\\n 9002. Saving clause.\\n 9003. When to take effect.\\n", "documents" : { "items" : [ { "lawId" : "EDN", "lawName" : "Education", "locationId" : "9001", "title" : "Laws repealed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9001", "activeDate" : "2014-09-22", "sequenceNo" : 1986, "repealedDate" : null, "fromSection" : "9001", "toSection" : "9001", "text" : " § 9001. Laws repealed. Of the laws enumerated in the schedule hereto\\nannexed, that portion specified in the last column is hereby repealed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "9002", "title" : "Saving clause", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9002", "activeDate" : "2014-09-22", "sequenceNo" : 1987, "repealedDate" : null, "fromSection" : "9002", "toSection" : "9002", "text" : " § 9002. Saving clause. Nothing herein contained shall be construed to\\nimpair or in any manner affect or change any special law touching the\\nschools or school system of any city or incorporated village unless the\\nsame is so stated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "EDN", "lawName" : "Education", "locationId" : "9003", "title" : "When to take effect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9003", "activeDate" : "2014-09-22", "sequenceNo" : 1988, "repealedDate" : null, "fromSection" : "9003", "toSection" : "9003", "text" : " § 9003. When to take effect. This chapter shall take effect\\nimmediately.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 8 }, "repealed" : false } } }