S T A T E
O F
N E W
Y O R K
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S. 3821

A. 5355
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
February 18, 2015
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IN

SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Education

IN ASSEMBLY -- Introduced by M. of A. JAFFEE, ZEBROWSKI -- read once and
referred to the Committee on Education
AN

ACT authorizing the commissioner of education to appoint a state
monitor to oversee the East Ramapo central school district and establishing the powers and duties of the state monitor; and providing for
the repeal of such provisions upon expiration thereof

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND
BLY, DO ENACT AS FOLLOWS:
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ASSEM-

Section 1. Definitions. For the purposes of this act, the following
terms shall have the following meanings:
(a) "board of education" or "board" shall mean the board of education
of the East Ramapo central school district.
(b) "commissioner" shall mean the commissioner of education.
(c) "department" shall mean the state education department.
(d) "school district" or "district" shall mean the East Ramapo central
school district.
(e) "state monitor" or "monitor" shall mean the person appointed
pursuant to section two of this act, or an interim person appointed to
such position.
(f) "superintendent" shall mean the superintendent of the East Ramapo
central school district.
S 2. Appointment. (a) The commissioner shall appoint a state monitor
to provide direct oversight of the educational and fiscal policies,
practices, programs and decisions of the East Ramapo central school
district, the board of education and superintendent within sixty days
following the effective date of this act. The commissioner shall provide
the monitor technical support and assistance for the purposes of carryEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09199-01-5

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ing out his or her duties under this act, if requested by the state
monitor. The state monitor shall serve at the pleasure of the commissioner.
(b) The commissioner shall have the authority to appoint a state monitor on an interim basis during the search for a permanent appointment
and in the event of resignation, death, incapacity, or any other reason
which causes the monitor to be unable to perform his or her duties and
until such time as a permanent state monitor is appointed.
Any state
monitor appointed on an interim basis shall have the powers and duties
of the state monitor contained in this act.
(c) The state monitor, including his or her staff, shall be paid a
fixed salary set by the commissioner and shall be reimbursed for actual
expenses incurred in the performance of their duties including travel
and supplies. The costs associated with the implementation of this act
shall be borne by the state of New York from an appropriation for that
purpose.
(d) Notwithstanding any other provision of general or special law, the
earnings limitations contained in any such general or special law, local
law and/or charter and applicable to the employment of persons in a
position or positions in public service in any calendar year while
retired and receiving a retirement allowance shall not apply to any
appointment authorized by this act. If applicable, the state monitor may
continue as retired and without loss, suspension or diminution of his or
her retirement allowance provided that such individual is granted a
waiver of retirement earnings limitation by the commissioner of education.
(e) For the purposes of this act, the state monitor and his or her
staff shall be considered state employees as defined in the public officers law.
S 3. State monitor powers. The state monitor shall have the power to:
(a) Propose a resolution or course of action to be considered by the
board of education or superintendent if the state monitor finds that
such resolution or course of action is necessary in order to carry out
his or her duties required by this act and is necessary for the educational welfare of the students attending the district and/or the fiscal
stability of the district. If such resolution or course of action is
proposed, the board must vote on the proposed resolution or course of
action within fourteen days of receiving such resolution, or at the next
regularly scheduled board meeting.
(b) Override decisions by the board or superintendent if he or she
finds that such override is necessary in order to carry out his or her
duties required by this act and is necessary for the educational welfare
of the students attending the district and/or the fiscal stability of
the district. The state monitor may override a decision by the board or
superintendent by issuing a directive, which must include specific findings as to the necessity of such override. The board may appeal the
state monitor's override in accordance with section five of this act.
(c) Access all district documents and records. School district personnel shall provide any and all documents requested by the state monitor
or his or her designee, and the state monitor shall have access to all
electronic information systems, databases, and planning documents. The
monitor shall maintain the security and confidentiality of all information protected from disclosure by federal or state law or regulation.
(d) Direct the board, superintendent, and/or other school district
officers to undergo any training as deemed necessary and pursuant to
timelines established by the state monitor.

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(e) Hire staff necessary to assist in carrying out the state monitor's
duties required by this act, subject to a staffing plan approved by the
commissioner of education.
(f) Hold public hearings or forums on school district matters as he or
she deems necessary.
(g) Conduct any relevant studies, reports, and reviews of district
matters.
S 4. State monitor duties. The state monitor shall have the following
duties:
(a) Develop and implement a five-year strategic academic and fiscal
improvement plan in consultation with the commissioner and the board
within six months from the date of appointment.
1. The monitor shall hold at least one public hearing within the
district, prior to the certification of the plan by the state monitor,
for the purpose of presenting the contents of the improvement plan and
seeking public comment on its contents. The superintendent shall ensure
that notice for the public hearing or hearings are posted in a manner to
maximize the participation of parents, students, and school personnel.
2. The plan must establish a set of goals with appropriate benchmarks
and measurable objectives and identify strategies to address areas where
improvements are needed in school district operations, including but not
limited to its financial stability, academic opportunities and outcomes,
education of students with disabilities, education of English language
learners, community relations and board governance practices, and shall
ensure district compliance with all applicable state and federal laws
and regulations.
3. The plan shall be publicly available at least fourteen days before
the hearing or hearings at which it will be presented and the superintendent shall ensure that copies thereof shall be prepared and made
available, upon request, to residents within the district at each
schoolhouse in the district in which school is maintained during certain
designated hours on each day other than a Saturday, Sunday or holiday
during the seven days immediately preceding such hearing or hearings.
4. Following the hearing or hearings held pursuant to paragraph one of
this subdivision, but prior to certification of the improvement plan by
the state monitor, the state monitor shall publicly report to the board
an assessment of all public comments concerning the proposed plan and a
description of any changes made to such plan as a result of public
comments received. The certified plan must be submitted to the board,
commissioner, governor, the temporary president of the senate, and the
speaker of the assembly.
(b) Attend all meetings of the board including executive sessions. The
state monitor, or designee of the monitor, shall be deemed to be a nonvoting member of the board and shall be entitled to sit with board
members at all meetings of the board and participate in all board hearings and meetings, and the superintendent shall be required to provide
adequate notice to the state monitor of all such meetings and hearings.
The state monitor shall ensure to the extent practicable that the board
conducts all meetings, including executive sessions, in compliance with
article seven of the public officers law, and shall be authorized to
seek written advisory opinions from the committee on open government.
(c) Supervise the fiscal and operational management and academic
programming of the school district, including, but not limited to, oversight over the development of the annual budget, resource allocations,
contracts, facility management, educational program, and use of district
funds.

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(d) Submit an annual report and quarterly updates to the board,
commissioner, governor, the temporary president of the senate, and the
speaker of the assembly on the progress of the strategic academic and
fiscal improvement plan, actions undertaken by the monitor, any financial information the monitor deems appropriate, and other district
matters of importance, including recommendations with respect to state
funding levels, improvement of school operations, or other policy
suggestions at the discretion of the state monitor. At the conclusion of
the monitor's appointment as determined by section seven of this act,
the state monitor shall issue a final report that includes long term
recommendations that address the unique needs of the school district.
S 5. Appeal process for monitor decisions. Notwithstanding any other
law, rule or regulation to the contrary, all decisions made by the state
monitor, including decisions to overturn board and superintendent
actions, shall be final and conclusive unless and until modified or
reversed in an appeal to the commissioner pursuant to this section. When
the board alleges that a reversal of a board or superintendent decision
by the state monitor violates the education law, the rules of the board
of regents, the regulations of the commissioner, or the terms of a
certified five-year strategic academic and fiscal improvement plan, the
board may appeal by petition to the commissioner in accordance with
procedures established by the commissioner pursuant to section three
hundred eleven of the education law.
S 6. Regulations. The commissioner shall be authorized to promulgate
regulations and immediately take such other actions as necessary to
implement the provisions of this act.
S 7. Appointment period. The appointment of the state monitor shall be
for a period of at least five years from the initial date of the state
monitor appointment. At the expiration of the initial appointment period, the commissioner, in consultation with the board of regents, shall
have the authority to extend the appointment for an additional period of
time in intervals of one to five years, as determined by the commissioner. The appointment may be extended, for a term or terms as the commissioner deems necessary consistent with the repeal date of this act.
S 8. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2025.