S 7334: Provides for the appointment of a monitor team to oversee the Wyandanch union free school district on the academic, fiscal and operational status of such school district; extends such provisions of law five years from June 30, 2025 until June 30, 2030.

  
  STATE OF NEW YORK ________________________________________________________________________ 7334 2025-2026 Regular Sessions  IN SENATE April 10, 2025 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend chapter 18 of the laws of 2020 authorizing the commis- sioner of education to appoint a monitor to oversee the Wyandanch union free school district and establishing the powers and duties of such monitor, in relation to the appointment of a monitor team; and in relation to extending the provisions thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 3, 4, 5, 6, 7, 8 and 9 of chapter 18 of the laws 2 of 2020 authorizing the commissioner of education to appoint a monitor 3 to oversee the Wyandanch union free school district and establishing the 4 powers and duties of such monitor, are amended to read as follows: 5 § 3. Appointment of [a] monitor team. [The commissioner shall appoint 6 one monitor to provide] In accordance with the powers and duties of the 7 board of regents and the commissioner pursuant to subdivision 2 of 8 section 305 of the education law, section 308 of the education law, and 9 section 215 of the education law, up to 2 monitors shall be appointed by 10 and serve at the pleasure of the commissioner to carry out the 11 provisions of this act including but not limited to providing oversight, 12 guidance and technical assistance related to the educational, governance 13 and fiscal policies, practices, programs and decisions of the school 14 district, the board of education and the superintendent. 15 1. The monitor or monitors, to the extent practicable, shall have 16 experience in [school district finances and] one or more of the follow- 17 ing areas: 18 (a) school district finances; 19 (b) elementary and secondary education; 20 [(b)] (c) the operation of school districts in New York; 21 [(c)] (d) educating students with disabilities; and 22 [(d)] (e) educating English language learners. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11408-02-5 
 S. 7334 2 1 2. The [monitor] monitors shall be [a] non-voting ex-officio [member] 2 members of the board of education. The [monitor] monitors shall be [an 3 individual] individuals who [is] are not [a resident, employee] resi- 4 dents, employees of the school district or [relative] relatives of a 5 board member of the school district at the time of [his or her] their 6 appointment. 7 3. The reasonable and necessary expenses incurred by the monitor or 8 monitors while performing [his or her] their official duties shall be 9 paid by the school district. Notwithstanding any other provision of law, 10 the monitor or monitors shall be entitled to defense and indemnification 11 by the school district to the same extent as a school district employee. 12 § 4. Meetings. 1. The monitor or monitors shall be entitled to attend 13 all meetings of the board, including executive sessions; provided howev- 14 er, such monitor or monitors shall not be considered for purposes of 15 establishing a quorum of the board. The school district shall fully 16 cooperate with [the] any monitor or monitors including, but not limited 17 to, providing such monitor or monitors with access, within 48 hours of 18 such request from the monitor or monitors, to any necessary documents 19 and records of the district including access to electronic information 20 systems, databases and planning documents, consistent with all applica- 21 ble state and federal statutes including, but not limited to, Family 22 Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232g) and section 23 2-d of the education law. The monitor or monitors shall provide a copy 24 of such request for any document or record to the board. 25 2. The board clerk shall provide the monitor or monitors with copies 26 of the board agenda and all resolutions and motions on such agenda for 27 each board meeting no later than 72 hours prior to such board meeting. 28 If a proposed resolution or motion is for the purpose of approving a 29 contract or to comply with state law or regulation and the date to 30 comply with such law or regulation is within 21 days of the board meet- 31 ing, the board clerk shall provide the monitor or monitors with copies 32 of the proposed resolution and proposed contract language at least 7 33 days prior to such meeting. 34 3. In the event the monitor or monitors are not provided with copies 35 of proposed resolutions or motions 72 hours prior to a board meeting or 36 in the case of a proposed resolution or motion for the purpose of 37 approving a contract or to comply with state law or regulation, seven 38 days prior to the next board meeting, the monitor or monitors may, at 39 their discretion, remove an item including board resolutions or motions, 40 except for resolutions or motions related to collective agreements nego- 41 tiated in accordance with article 14 of the civil service law, from 42 consideration by the board at such meeting. Upon the failure of the 43 board clerk to provide proposed resolutions or motions as required by 44 subdivision 2 of this subdivision and this subdivision, the monitor or 45 monitors shall provide notice of such failure to the board. An item 46 removed from consideration by the monitor or monitors may not be recon- 47 sidered by the board for a period of 10 days or the next board meeting; 48 whichever is later unless the monitor or monitors expressly authorizes 49 consideration at an earlier date. 50 The board, in consultation with the monitor or monitors, shall adopt a 51 conflict of interest policy that complies with all existing applicable 52 laws, rules and regulations that ensures its board members and adminis- 53 tration act in the school district's best interest and comply with 54 applicable legal requirements. The conflict of interest policy shall 55 include, but not be limited to: 
 S. 7334 3 1 (a) a definition of the circumstances that constitute a conflict of 2 interest; 3 (b) procedures for disclosing a conflict of interest to the board; 4 (c) a requirement that the person with the conflict of interest not be 5 present at or participate in board deliberations or votes on the matter 6 giving rise to such conflict, provided that nothing in this subdivision 7 shall prohibit the board from requesting that the person with the 8 conflict of interest present information as background or answer ques- 9 tions at a board meeting prior to the commencement of deliberations or 10 voting relating thereto; 11 (d) a prohibition against any attempt by the person with the conflict 12 to influence improperly the deliberation or voting on the matter giving 13 rise to such conflict; and 14 (e) a requirement that the existence and resolution of the conflict be 15 documented in the board's records, including in the minutes of any meet- 16 ing at which the conflict was discussed or voted upon. 17 § 5. Public hearings. 1. The monitor or monitors shall schedule [two] 18 three public hearings to be held within sixty days of [his or her] their 19 appointment, which shall allow public comment from the district's resi- 20 dents, students, employees, parents, board members and administration. 21 (a) The first hearing shall take public comment on existing statutory 22 and regulatory authority of the commissioner, the department and the 23 board of regents regarding school district governance and intervention 24 under applicable state law and regulations, including but not limited 25 to, section 306 of the education law. 26 (b) The second hearing shall take public comment on the fiscal 27 performance of the district. 28 (c) The third hearing shall take public comment on the academic 29 performance of the district. 30 2. The board of education and the monitor or monitors shall consider 31 these public comments when developing the [financial] long term strate- 32 gic academic and fiscal improvement plan under this act. 33 § 6. [Financial] Strategic academic and fiscal improvement plan. 1. 34 [No later than November first, two thousand twenty, the board of educa- 35 tion and the monitor shall develop a proposed financial plan for the two 36 thousand twenty--two thousand twenty-one school year and the four subse- 37 quent school years. The financial plan shall ensure that annual aggre- 38 gate operating expenses shall not exceed annual aggregate operating 39 revenues for such school year and that the major operating funds of the 40 district be balanced in accordance with generally accepted accounting 41 principles. The financial plan shall include statements of all estimated 42 revenues, expenditures, and cash flow projections of the district.] No 43 later than July first, two thousand twenty-six, the board of education 44 working in collaboration with the monitor or monitors shall adopt a long 45 term strategic academic and fiscal improvement plan for the two thousand 46 twenty-six--two thousand twenty-seven and next four succeeding school 47 years. Beginning with the two thousand twenty-seven--two thousand twen- 48 ty-eight school year by September first annually the board shall adopt 49 an updated plan. Such plan, including such annual revisions thereto, 50 shall be submitted to the commissioner for approval and shall include a 51 set of goals with appropriate benchmarks and measurable objectives and 52 identify strategies to address areas where improvements are needed in 53 the district, including but not limited to its financial stability and 54 governance, academic opportunities and outcomes, education of students 55 with disabilities, education of English language learners, the educa- 56 tional, social and emotional welfare of public school students and shall 
 S. 7334 4 1 ensure compliance with all applicable state and federal laws and regu- 2 lations. 3 2. [If the board of education and the monitor agree on all the 4 elements of the proposed financial plan, the board of education shall 5 conduct a public hearing on the plan and consider the input of the 6 community. The proposed financial plan shall be made public on the 7 district's website at least three business days before such public hear- 8 ing. Once the proposed financial plan has been approved by the board of 9 education, such plan shall be submitted by the monitor to the commis- 10 sioner for approval and shall be deemed approved for the purposes of 11 this act. 12 3. If the board of education and the monitor do not agree on all the 13 elements of the proposed financial plan, the board of education shall 14 conduct a public hearing on the proposed plan that details the elements 15 of disagreement between the monitor and the board, including documented 16 justification for such disagreements and any requested amendments from 17 the monitor. The proposed financial plan, elements of disagreement, and 18 requested amendments shall be made public on the district's website at 19 least three business days before such public hearing. After considering 20 the input of the community, the board may alter the proposed financial 21 plan and the monitor may alter his or her requested amendments, and the 22 monitor shall submit the proposed financial plan, his or her amendments 23 to the plan, and documentation providing justification for such disa- 24 greements and amendments to the commissioner no later than December 25 first, two thousand twenty. By January fifteenth, two thousand twenty- 26 one, the commissioner shall approve the proposed plan with any of the 27 monitor's proposed amendments, or make other modifications, he or she 28 deems appropriate. The board of education shall provide the commissioner 29 with any information he or she requests to approve such plan within 30 three business days of such request. Upon the approval of the commis- 31 sioner, the financial plan shall be deemed approved for purposes of this 32 act.] Such plan, including such annual revisions thereto, shall be 33 submitted to the commissioner for approval and shall include a set of 34 goals with appropriate benchmarks and measurable objectives and identify 35 strategies to address areas where improvements are needed in the 36 district, including but not limited to its financial stability and 37 governance, academic opportunities and outcomes, education of students 38 with disabilities, education of English language learners, the educa- 39 tional, social and emotional welfare of public school students and shall 40 ensure compliance with all applicable state and federal laws and regu- 41 lations. 42 3. The board of education and monitor or monitors shall annually 43 conduct a public hearing on the long term strategic academic and fiscal 44 improvement plan and shall consider the input of the community before 45 adopting or revising such plan. Such long term strategic academic and 46 fiscal improvement plan shall also be made publicly available and shall 47 be annually submitted along with comments made by the community to the 48 commissioner for approval once the plan is finalized. Upon review of the 49 long term strategic academic and fiscal improvement plan, required to be 50 submitted pursuant to this subdivision, the commissioner shall approve 51 or deny such plan in writing and, if denied, shall include the reasons 52 therefor. The board of education and monitor or monitors may resubmit 53 such plan or plans with any needed modifications thereto. 54 § 7. Fiscal and operational oversight. During the effective period of 55 this act the commissioner shall undertake an enhanced review of the 56 budget. 1. The board of education shall annually submit the school 
 S. 7334 5 1 district's proposed budget for the next succeeding school year to the 2 monitor or monitors no later than March first prior to the school 3 district's annual budget vote. The monitor or monitors shall review the 4 proposed budget to ensure that it, to the greatest extent possible, is 5 [balanced within the context of revenue and expenditure estimates and 6 mandated programs. The monitor shall also review the proposed budget to 7 ensure that it, to the greatest extent possible, is consistent with the 8 district financial plan developed and approved pursuant to this act] 9 consistent with the long term strategic academic and fiscal improvement 10 plan developed and adopted pursuant to this act. The monitor or monitors 11 shall also review the proposed budget to ensure that it is balanced 12 within the context of revenue and expenditure estimates and mandated 13 programs. The monitor or monitors shall present [his or her] their find- 14 ings to the board of education and the commissioner no later than 15 forty-five days prior to the date scheduled for the school district's 16 annual budget vote. The commissioner shall require the board of educa- 17 tion to make amendments to the proposed budget consistent with any 18 recommendations made by the monitor or monitors if the commissioner 19 determines such amendments are necessary to comply with the [financial] 20 long term strategic academic and fiscal improvement plan under this act. 21 The school district shall make available on the district's website: the 22 initial proposed budget, the monitor or monitors' findings, and the 23 final proposed budget at least seven days prior to the date of the 24 school district's budget hearing. In the event of a revote, the board of 25 education, in conjunction with the monitor or monitors, shall develop 26 and submit the school district's proposed budget for the next succeeding 27 school year to the commissioner no later than seven days prior to the 28 budget hearing. The board of education shall provide the commissioner 29 with any information [he or she] such commissioner requests in order to 30 make a determination pursuant to this subdivision within three business 31 days of such request. 32 2. The district shall provide quarterly reports to the monitor or 33 monitors and annual reports to the commissioner and board of regents on 34 the academic, fiscal and operational status of the school district. In 35 addition, the monitor or monitors shall provide semi-annual reports to 36 the commissioner, board of regents, the governor, the temporary presi- 37 dent of the senate, and the speaker of the assembly on the academic, 38 fiscal and operational status of the school district. Such semi-annual 39 report shall include all the contracts that the district entered into 40 throughout the year. All reports shall be subject to review by the comp- 41 troller at the request of the commissioner. 42 3. The monitor or monitors shall have the authority to disapprove 43 travel outside the state paid for by the district. 44 4. The monitor or monitors shall work with the district's shared deci- 45 sion-making committee as defined in 8 NYCRR Part 100.11 in developing 46 [the financial plan,] and revising the long-term strategic academic and 47 fiscal improvement plan, district goals, implementation of district 48 priorities and budgetary recommendations. 49 5. The monitor or monitors shall assist in resolving any disputes and 50 conflicts, including but not limited to, those between the superinten- 51 dent and the board of education and among the members of the board of 52 education. 53 6. The monitor or monitors may recommend, and the board shall consider 54 by vote of a resolution at the next scheduled meeting of the board, cost 55 saving measures including, but not limited to, shared service agree- 56 ments. 
 S. 7334 6 1 § 8. The commissioner may overrule any decision of the monitor or 2 monitors, except for decisions related to collective bargaining agree- 3 ments negotiated in accordance with article 14 of the civil service law, 4 if [he or she] such commissioner deems that [it] such decision is not 5 aligned with the [financial] long term strategic academic and fiscal 6 improvement plan or the school district's budget or is contrary to state 7 law or regulation. If the commissioner overrules a decision of the moni- 8 tor or monitors, the commissioner may direct the board to take correc- 9 tive action on such matter if it is necessary to comply with state law, 10 regulation or the long term strategic academic and fiscal improvement 11 plan. In the event there is a disagreement between the monitors, the 12 commissioner may resolve such disagreements and direct the monitors to 13 take action as a result of such resolution. 14 § 9. The monitor or monitors may notify the board and the commissioner 15 in writing when [he or she deems] they deem the district is violating an 16 element of the [financial] long term strategic academic and fiscal 17 improvement plan [in] or the district failed to provide the monitor or 18 monitors with requested documents or records within the time frame 19 prescribed in subdivision two of section four of this act. Within twenty 20 days, the commissioner shall determine whether the district is in 21 violation of any of the elements of the plan highlighted by the monitor 22 or monitors and shall order the district to comply immediately with the 23 plan and remedy any such violation. The school district shall suspend 24 all actions related to the potential violation of the [financial] long 25 term strategic academic and fiscal improvement plan until the commis- 26 sioner issues a determination. Within seven days, the commissioner shall 27 determine if the district failed to comply with the document and record 28 provision set forth in subdivision one of section four of this act and 29 shall order the district to immediately provide the monitor or monitors 30 with the requested documents or records. 31 § 2. Section 13 of chapter 18 of the laws of 2020 authorizing the 32 commissioner of education in consultation with the comptroller to 33 appoint a monitor to oversee the Wyandanch union free school district 34 and establishing the powers and duties of such monitor, is amended to 35 read as follows: 36 § 13. This act shall take effect immediately, provided however: 37 Section one of this act shall take effect on the same date as a chap- 38 ter of the laws of 2019, authorizing the commissioner of education, in 39 consultation with the comptroller to appoint a monitor to oversee the 40 Wyandanch union free school district and establishing the powers and 41 duties of the monitor, as proposed in legislative bills numbers S.6588-A 42 and A.8422-A, takes effect. 43 Sections three through ten of this act shall expire and be deemed 44 repealed June 30, [2025] 2030. 45 Section eleven shall expire and be deemed repealed June 30 of the last 46 fiscal year during which serial bonds or bonds issued to refund such 47 serial bonds that are outstanding pursuant to such section of this act, 48 provided that the superintendent of the Wyandanch union free school 49 district shall notify the legislative bill drafting commission upon such 50 occurrence in order that the commission may maintain an accurate and 51 timely effective data base of the official text of the laws of the state 52 of New York in furtherance of effectuating the provisions of section 44 53 of the legislative law and section 70-b of the public officers law. 54 Sections two and twelve of this act shall expire and be deemed 55 repealed June 30, 2049. 
 S. 7334 7 1 § 3. This act shall take effect immediately; provided, however, that 2 the amendments to chapter 18 of the laws of 2020 authorizing the commis- 3 sioner of education to appoint a monitor to oversee the Wyandanch union 4 free school district and establishing the powers and duties of such 5 monitor, made by section one of this act shall not affect the expiration 6 of such chapter and shall expire and be deemed repealed therewith.