A 11634: Directs the commissioner of education to appoint a monitor for the Buffalo city school district; establishes the powers and duties of such monitor and certain other officers.

  
  STATE OF NEW YORK ________________________________________________________________________ 11634--A  IN ASSEMBLY July 29, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rivera) -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT directing the commissioner of education to appoint a monitor for the Buffalo city school district, establishing the powers and duties of such monitor and certain other officers; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Definitions. As used in this act: 2 (a) "Commissioner" shall mean the commissioner of education; 3 (b) "Department" shall mean the state education department; 4 (c) "Board of education" or "board" shall mean the board of education 5 of the Buffalo city school district; 6 (d) "School district" or "district" shall mean the Buffalo city school 7 district; 8 (e) "Superintendent" shall mean the superintendent of the Buffalo city 9 school district; 10 (f) "Relatives" shall mean a Buffalo city school district board 11 member's spouse, domestic partner, child, stepchild, stepparent, or any 12 person who is a direct descendant of the grandparents of a current board 13 member or a board member's spouse or domestic partner; and 14 (g) "City" shall mean the city of Buffalo. 15 § 2. Appointment of a monitor. The commissioner shall appoint one 16 monitor to provide oversight, guidance and technical assistance related 17 to the educational and fiscal policies, practices, programs and deci- 18 sions of the school district, the board of education and the superinten- 19 dent. 20 1. The monitor, to the extent practicable, shall have experience in 21 school district finances and one or more of the following areas: 22 (a) elementary and secondary education; 23 (b) the operation of school districts in New York; 24 (c) educating students with disabilities; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16175-03-6 
 A. 11634--A 2 1 (d) educating English language learners. 2 2. The monitor shall be a non-voting ex-officio member of the board of 3 education. The monitor shall be an individual who is not a resident, 4 employee of the school district or relative of a board member of the 5 school district at the time of such monitor's appointment. 6 3. The reasonable and necessary expenses incurred by the monitor while 7 performing such monitor's official duties shall be paid by the school 8 district. Notwithstanding any other provision of law, the monitor shall 9 be entitled to defense and indemnification by the school district to the 10 same extent as a school district employee. 11 § 3. Meetings. 1. The monitor shall be entitled to attend all meetings 12 of the board, including executive sessions; provided however, such moni- 13 tor shall not be considered for purposes of establishing a quorum of the 14 board. The school district shall fully cooperate with the monitor 15 including, but not limited to, providing such monitor with access to any 16 necessary documents and records of the district including access to 17 electronic information systems, databases and planning documents, 18 consistent with all applicable state and federal statutes including, but 19 not limited to, Family Education Rights and Privacy Act (FERPA) (20 20 U.S.C. § 1232g) and section 2-d of the education law. 21 2. The board, in consultation with the monitor, shall adopt a conflict 22 of interest policy that complies with all existing applicable laws, 23 rules and regulations that ensures its board members and administration 24 act in the school district's best interest and comply with applicable 25 legal requirements. The conflict of interest policy shall include, but 26 not be limited to: 27 (a) a definition of the circumstances that constitute a conflict of 28 interest; 29 (b) procedures for disclosing a conflict of interest to the board; 30 (c) a requirement that the person with the conflict of interest not be 31 present at or participate in board deliberations or votes on the matter 32 giving rise to such conflict, provided that nothing in this subdivision 33 shall prohibit the board from requesting that the person with the 34 conflict of interest present information as background or answer ques- 35 tions at a board meeting prior to the commencement of deliberations or 36 voting relating thereto; 37 (d) a prohibition against any attempt by the person with the conflict 38 to influence improperly the deliberation or voting on the matter giving 39 rise to such conflict; and 40 (e) a requirement that the existence and resolution of the conflict be 41 documented in the board's records, including in the minutes of any meet- 42 ing at which the conflict was discussed or voted upon. 43 3. In the event that the monitor finds that an adopted resolution or 44 motion, a proposed resolution or motion, or that the board's failure to 45 act violates state law, the rules of the board of regents, the regu- 46 lations of the commissioner, or is inconsistent with the terms of the 47 financial plan or academic improvement plan under this act, the monitor 48 may: 49 (a) override adopted or proposed resolutions or motions by the board 50 through the issuance of a directive which shall contain the specific 51 findings as to the necessity of such override and any potential correc- 52 tive action by the board that would address the deficiency in such 53 adopted or proposed resolution or motion. The monitor shall provide 54 written notice to the board, superintendent and commissioner of their 55 intention to override the adopted or proposed resolution or motion at 56 any time but in no event later than forty-eight hours after such resol- 
 A. 11634--A 3 1 ution or motion was adopted by the board unless the commissioner has 2 extended the period to override due to extenuating circumstances that 3 necessitate additional time. The override notice shall stay the 4 proceedings of the board on such adopted resolution or motion or, if the 5 notice is provided prior to action by the board, it shall remove such 6 proposed resolution or motion from consideration by the board pending 7 the issuance of a directive by the monitor. The monitor shall submit the 8 directive to the board, superintendent and the commissioner no later 9 than ten days following notice of such override. Upon the issuance of a 10 directive, the override of the board's adopted or proposed resolution or 11 motion shall be final and conclusive unless the monitor fails to issue 12 such directive within ten days or within such period established by the 13 monitor if the period was extended, withdraws such override, or the 14 commissioner overrules the monitor's override within ten days of the 15 issuance of the directive. The monitor may extend the period to submit 16 such directive, at intervals of ten additional days for each extension, 17 if the board, superintendent or school district employees fail to 18 provide all relevant information requested by the monitor related to the 19 adopted or proposed resolution or motion subject to such override within 20 forty-eight hours of such request. 21 (b) submit a resolution for adoption by the board. The resolution 22 shall be submitted to the clerk no later than forty-eight hours prior to 23 the next scheduled board meeting who shall cause the resolution to be 24 placed on the next board meeting agenda and a copy to be issued to the 25 board, superintendent and commissioner accompanied by specific findings 26 as to the necessity of such resolution. The monitor may direct the board 27 to meet at a date prior to their next scheduled board meeting to take up 28 such resolution. The monitor may withdraw the resolution prior to, or 29 during, the next board meeting, if the board takes sufficient action to 30 resolve the issues contained in the resolution. If the resolution is not 31 withdrawn, it shall be deemed to be adopted at the next board meeting 32 through its submission and shall have the full force and effect as any 33 other resolution adopted by the board. 34 (c) the monitor shall not override an adopted or proposed resolution 35 or motion or submit a resolution related to collective bargaining agree- 36 ments negotiated in accordance with article 14 of the civil service law. 37 (d) the monitor shall not override an adopted or proposed resolution 38 or motion or submit a resolution that would diminish mandated services 39 to non-public schools in violation of state or federal laws, rules or 40 regulations. 41 § 4. Public hearings. 1. The monitor shall schedule three public hear- 42 ings to be held within sixty days of such monitor's appointment, which 43 shall allow public comment from the district's residents, students, 44 parents, employees, board members and administration. 45 (a) The first hearing shall take public comment on existing statutory 46 and regulatory authority of the commissioner, the department and the 47 board of regents regarding school district governance and intervention 48 under applicable state law and regulations, including but not limited 49 to, sections 306, 211-c, and 211-f of the education law. 50 (b) The second hearing shall take public comment on the academic 51 performance of the district. 52 (c) The third hearing shall take public comment on the fiscal perform- 53 ance of the district. 54 2. The board of education, the superintendent and the monitor shall 55 consider these public comments when developing the financial plan and 56 academic improvement plan under this act. 
 A. 11634--A 4 1 § 5. Financial plan. 1. No later than November 1, 2027, the board of 2 education, the superintendent and the monitor shall develop a proposed 3 financial plan for the 2027--2028 school year and the four subsequent 4 school years. The financial plan shall ensure that annual aggregate 5 operating expenses shall not exceed annual aggregate operating revenues 6 for such school year and that the major operating funds of the district 7 be balanced in accordance with generally accepted accounting principles, 8 and shall consider whether financial and budgetary functions of the 9 district shall be subject to a shared services agreement with the city. 10 The financial plan shall include statements of all estimated revenues, 11 expenditures, and cash flow projections of the district. 12 2. If the board of education and the monitor agree on all the elements 13 of the proposed financial plan, the board of education shall conduct a 14 public hearing on the plan and consider the input of the community. The 15 proposed financial plan shall be made public on the district's website 16 at least three business days before such public hearing. Once the 17 proposed financial plan has been approved by the board of education, 18 such plan shall be submitted by the monitor to the commissioner for 19 approval and shall be deemed approved for the purposes of this act. 20 3. If the board of education and the monitor do not agree on all the 21 elements of the proposed financial plan, the board of education shall 22 conduct a public hearing on the proposed plan that details the elements 23 of disagreement between the monitor and the board, including documented 24 justification for such disagreements and any requested amendments from 25 the monitor. The proposed financial plan, elements of disagreement, and 26 requested amendments shall be made public on the district's website at 27 least three business days before such public hearing. After considering 28 the input of the community, the board may alter the proposed financial 29 plan and the monitor may alter such monitor's requested amendments, and 30 the monitor shall submit the proposed financial plan, such monitor's 31 amendments to the plan, and documentation providing justification for 32 such disagreements and amendments to the commissioner no later than 33 December 1, 2027. By January 15, 2028, the commissioner shall approve 34 the proposed plan with any of the monitor's proposed amendments, or make 35 other modifications, such commissioner deems appropriate. The board of 36 education shall provide the commissioner with any information such 37 commissioner requests to approve such plan within three business days of 38 such request. Upon the approval of the commissioner, the financial plan 39 shall be deemed approved for purposes of this act. 40 § 6. Academic improvement plan. 1. No later than November 1, 2027, the 41 board of education, the superintendent and the monitor shall develop an 42 academic improvement plan for the district's 2027--2028 school year and 43 the four subsequent school years. The academic improvement plan shall 44 contain a series of programmatic recommendations designed to improve 45 academic performance over the period of the plan in those academic areas 46 that the commissioner deems to be in need of improvement which shall 47 include addressing the provisions contained in any action plan set forth 48 by the department. 49 2. If the board of education and the monitor agree on all the elements 50 of the proposed academic improvement plan, the board of education shall 51 conduct a public hearing on the plan and consider the input of the 52 community. The proposed academic improvement plan shall be made public 53 on the district's website at least three business days before such 54 public hearing. Once the proposed academic improvement plan has been 55 approved by the board of education, such plan shall be submitted by the 
 A. 11634--A 5 1 monitor to the commissioner for approval and shall be deemed approved 2 for the purposes of this act. 3 3. If the board of education and the monitor do not agree on all the 4 elements of the proposed academic improvement plan, the board of educa- 5 tion shall conduct a public hearing on the proposed plan that details 6 the elements of disagreement between the monitor and the board, includ- 7 ing documented justification for such disagreements and any requested 8 amendments from the monitor. The proposed academic improvement plan, 9 elements of disagreement, and requested amendments shall be made public 10 on the district's website at least three business days before such 11 public hearing. After considering the input of the community, the board 12 may alter the proposed academic improvement plan and the monitor may 13 alter such monitor's requested amendments, and the monitor shall submit 14 the proposed academic improvement plan, such monitor's amendments to the 15 plan, and documentation providing justification for such disagreements 16 and amendments to the commissioner no later than December 1, 2027. By 17 January 15, 2028, the commissioner shall approve the proposed plan with 18 any of the monitor's proposed amendments, or make other modifications, 19 such commissioner deems appropriate. The board of education shall 20 provide the commissioner with any information such commissioner requests 21 to approve such plan within three business days of such request. Upon 22 the approval of the commissioner, the academic improvement plan shall be 23 deemed approved for purposes of this act. 24 § 7. Fiscal and operational oversight. 1. Starting with the proposed 25 budget for the 2028--2029 school year, the board of education shall 26 annually submit the school district's proposed budget for the next 27 succeeding school year to the monitor no later than March first prior to 28 the start of such next succeeding school year. The monitor shall review 29 the proposed budget to ensure that it is balanced within the context of 30 revenue and expenditure estimates and mandated programs. The monitor 31 shall also review the proposed budget to ensure that it, to the greatest 32 extent possible, is consistent with the district academic improvement 33 plan and financial plan developed and approved pursuant to this act. The 34 monitor shall present such monitor's findings to the board of education 35 and the commissioner no later than forty-five days prior to the date 36 scheduled for the board of education's vote on the adoption of the final 37 budget or the last date on which the budget may be finally adopted, 38 whichever is sooner. The commissioner shall require the board of educa- 39 tion to make amendments to the proposed budget consistent with any 40 recommendations made by the monitor if the commissioner determines such 41 amendments are necessary to comply with the financial plan and academic 42 improvement plan under this act. The school district shall make avail- 43 able on the district's website: the initial proposed budget, the moni- 44 tor's findings, and the final proposed budget at least seven days prior 45 to the date of the school district's budget hearing. The board of educa- 46 tion shall provide the commissioner with any information such commis- 47 sioner requests in order to make a determination pursuant to this subdi- 48 vision within three business days of such request. 49 2. The district shall provide quarterly reports to the monitor and 50 annual reports to the commissioner and the board of regents on the 51 academic, fiscal, and operational status of the school district. In 52 addition, the monitor shall provide semi-annual reports to the commis- 53 sioner, board of regents, the governor, the temporary president of the 54 senate, and the speaker of the assembly on the academic, fiscal, and 55 operational status of the school district. Such semi-annual report 
 A. 11634--A 6 1 shall include all the contracts that the district entered into through- 2 out the year. 3 3. The monitor shall have the authority to disapprove travel outside 4 the state paid for by the district. 5 4. The monitor shall work with the district's shared decision-making 6 committee as defined in 8 NYCRR 100.11 in developing the academic 7 improvement plan, financial plan, district goals, implementation of 8 district priorities, and budgetary recommendations. 9 5. The monitor shall assist in resolving any disputes and conflicts, 10 including but not limited to, those between the superintendent and the 11 board of education and among the members of the board of education. 12 6. The monitor may recommend, and the board shall consider by vote of 13 a resolution at the next scheduled meeting of the board, cost saving 14 measures including, but not limited to, shared service agreements. 15 § 8. The commissioner may overrule any decision of the monitor, except 16 for collective bargaining agreements negotiated in accordance with arti- 17 cle 14 of the civil service law, if such commissioner deems that such 18 decision is not aligned with the financial plan, academic improvement 19 plan or school district's budget. 20 § 9. The monitor may notify the commissioner and the board in writing 21 when such monitor deems the district is violating an element of the 22 financial plan or academic improvement plan in this act. Within twenty 23 days, the commissioner shall determine whether the district is in 24 violation of any of the elements of the financial plan or academic 25 improvement plan highlighted by the monitor and shall order the district 26 to comply immediately with the plan and remedy any such violation. The 27 school district shall suspend all actions related to the potential 28 violation of the financial plan or academic improvement plan until the 29 commissioner issues a determination. 30 § 10. Nothing in this act shall be construed to abrogate the duties 31 and responsibilities of the school district consistent with applicable 32 state law and regulations. 33 § 11. This act shall take effect immediately, provided, however, that 34 sections two, three, four, five, six, seven, eight, nine and ten of this 35 act shall expire and be deemed repealed June 30, 2030; and provided 36 further, however, that section one of this act shall expire and be 37 deemed repealed June 30, 2056.