§ 211-D — Contract for excellence

New York § 211-D

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 1: General Organization
• Art. 5: University of the State of New York

Text

§ 211-d. Contract for excellence. 1. a. Every school district that, as\nof April first of the base year, has at least one school identified as\nin corrective action or restructuring status or as a school requiring\nacademic progress: year two or above or as a school in need of\nimprovement: year two shall be required to prepare a contract for\nexcellence if the school district is estimated to receive an increase in\ntotal foundation aid for the current year compared to the base year in\nan amount that equals or exceeds either fifteen million dollars or ten\npercent of the amount received in the base year, whichever is less, or\nreceives a supplemental educational improvement plan grant. In school\nyear two thousand seven--two thousand eight such increase shall be the\namount of the difference between total foundation aid received for the\ncurrent year and the total foundation aid base, as defined in paragraph\nj of subdivision one of section thirty-six hundred two of this chapter.\n b. In addition to the school districts required to prepare a contract\nfor excellence under paragraph a of this subdivision, every school\ndistrict that filed a contract for excellence in the base year shall\nfile a contract for excellence in the current year if such district is\nestimated to receive a two-year increase, equal to the positive\ndifference of the total foundation aid apportioned for the current year\nless the total foundation aid base, as defined in paragraph j of\nsubdivision one of section thirty-six hundred two of this chapter, for\nthe base year, in an amount that equals or exceeds either twenty-seven\nmillion five hundred thousand dollars or twenty percent of such total\nfoundation aid base for the base year; provided however, that this\nrequirement shall apply only to a school district that, as of April\nfirst of the base year, has at least one school that has been identified\nas in corrective action or restructuring status or as a school requiring\nacademic progress: year two or above or as a school in need of\nimprovement: year two.\n c. In a city school district located in a city of one million or more\ninhabitants, a contract for excellence shall be prepared for the city\nschool district and each community district that meets criteria\nspecified in this subdivision.\n d. All computations pursuant to paragraphs a and b of this subdivision\nand subdivision two of this section shall be based upon data included in\nthe computerized school aid run produced by the commissioner in support\nof the enacted state budget which established the foundation aid\nformulas for the current year. For purposes of this section,\naccountability status of schools shall be determined as of April first\nof the base year, except that if the commissioner determines that the\naccountability data on file for a school as of April first of the base\nyear was in error and officially adjusts the accountability status of\nthe school after such date, such adjusted data shall be used for the\npurposes of paragraphs a and b of this subdivision and subdivision two\nof this section.\n e. Notwithstanding paragraphs a and b of this subdivision, a school\ndistrict that submitted a contract for excellence for the two thousand\neight--two thousand nine school year shall submit a contract for\nexcellence for the two thousand nine--two thousand ten school year in\nconformity with the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section unless all schools in the district are\nidentified as in good standing and provided further that, a school\ndistrict that submitted a contract for excellence for the two thousand\nnine--two thousand ten school year, unless all schools in the district\nare identified as in good standing, shall submit a contract for\nexcellence for the two thousand eleven--two thousand twelve school year\nwhich shall, notwithstanding the requirements of subparagraph (vi) of\nparagraph a of subdivision two of this section, provide for the\nexpenditure of an amount which shall be not less than the product of the\namount approved by the commissioner in the contract for excellence for\nthe two thousand nine--two thousand ten school year, multiplied by the\ndistrict's gap elimination adjustment percentage and provided further\nthat, a school district that submitted a contract for excellence for the\ntwo thousand eleven--two thousand twelve school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand twelve--two thousand\nthirteen school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand eleven--two thousand twelve school year and\nprovided further that, a school district that submitted a contract for\nexcellence for the two thousand twelve--two thousand thirteen school\nyear, unless all schools in the district are identified as in good\nstanding, shall submit a contract for excellence for the two thousand\nthirteen--two thousand fourteen school year which shall, notwithstanding\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\nof this section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand twelve--two thousand thirteen school\nyear and provided further that, a school district that submitted a\ncontract for excellence for the two thousand thirteen--two thousand\nfourteen school year, unless all schools in the district are identified\nas in good standing, shall submit a contract for excellence for the two\nthousand fourteen--two thousand fifteen school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\nthirteen--two thousand fourteen school year; and provided further that,\na school district that submitted a contract for excellence for the two\nthousand fourteen--two thousand fifteen school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand fifteen--two thousand\nsixteen school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand fourteen--two thousand fifteen school year; and\nprovided further that a school district that submitted a contract for\nexcellence for the two thousand fifteen--two thousand sixteen school\nyear, unless all schools in the district are identified as in good\nstanding, shall submit a contract for excellence for the two thousand\nsixteen--two thousand seventeen school year which shall, notwithstanding\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\nof this section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand fifteen--two thousand sixteen school\nyear; and provided further that, a school district that submitted a\ncontract for excellence for the two thousand sixteen--two thousand\nseventeen school year, unless all schools in the district are identified\nas in good standing, shall submit a contract for excellence for the two\nthousand seventeen--two thousand eighteen school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\nsixteen--two thousand seventeen school year; and provided further that a\nschool district that submitted a contract for excellence for the two\nthousand seventeen--two thousand eighteen school year, unless all\nschools in the district are identified as in good standing, shall submit\na contract for excellence for the two thousand eighteen--two thousand\nnineteen school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand seventeen--two thousand eighteen school year; and\nprovided further that, a school district that submitted a contract for\nexcellence for the two thousand eighteen--two thousand nineteen school\nyear, unless all schools in the district are identified as in good\nstanding, shall submit a contract for excellence for the two thousand\nnineteen--two thousand twenty school year which shall, notwithstanding\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\nof this section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand eighteen--two thousand nineteen\nschool year; and provided further that, a school district that submitted\na contract for excellence for the two thousand nineteen--two thousand\ntwenty school year, unless all schools in the district are identified as\nin good standing, shall submit a contract for excellence for the two\nthousand twenty--two thousand twenty-one school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\nnineteen--two thousand twenty school year; and provided further that, a\nschool district that submitted a contract for excellence for the two\nthousand twenty--two thousand twenty-one school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand twenty-one--two thousand\ntwenty-two school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand twenty--two thousand twenty-one school year; and\nprovided further that, a school district that submitted a contract for\nexcellence for the two thousand twenty-one--two thousand twenty-two\nschool year, unless all schools in the district are identified as in\ngood standing, shall submit a contract for excellence for the two\nthousand twenty-two--two thousand twenty-three school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\ntwenty-one--two thousand twenty-two school year; and provided further\nthat, a school district that submitted a contract for excellence for the\ntwo thousand twenty-two--two thousand twenty-three school year, unless\nall schools in the district are identified as in good standing, shall\nsubmit a contract for excellence for the two thousand twenty-three--two\nthousand twenty-four school year which shall, notwithstanding the\nrequirements of subparagraph (vi) of paragraph a of subdivision two of\nthis section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand twenty-two--two thousand\ntwenty-three school year; and provided further that, a school district\nthat submitted a contract for excellence for the two thousand\ntwenty-three--two thousand twenty-four school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand twenty-four--two thousand\ntwenty-five school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand twenty-three--two thousand twenty-four school year;\nand provided further that a school district that submitted a contract\nfor excellence for the two thousand twenty-four--two thousand\ntwenty-five school year, unless all schools in the district are\nidentified as in good standing, shall submit a contract for excellence\nfor the two thousand twenty-five--two thousand twenty-six school year\nwhich shall, notwithstanding the requirements of subparagraph (vi) of\nparagraph a of subdivision two of this section, provide for the\nexpenditure of an amount which shall be not less than the amount\napproved by the commissioner in the contract for excellence for the two\nthousand twenty-four--two thousand twenty-five school year; provided,\nhowever, that, in a city school district in a city having a population\nof one million or more, notwithstanding the requirements of subparagraph\n(vi) of paragraph a of subdivision two of this section, the contract for\nexcellence shall provide for the expenditure as set forth in\nsubparagraph (v) of paragraph a of subdivision two of this section. For\npurposes of this paragraph, the "gap elimination adjustment percentage"\nshall be calculated as the sum of one minus the quotient of the sum of\nthe school district's net gap elimination adjustment for two thousand\nten--two thousand eleven computed pursuant to chapter fifty-three of the\nlaws of two thousand ten, making appropriations for the support of\ngovernment, plus the school district's gap elimination adjustment for\ntwo thousand eleven--two thousand twelve as computed pursuant to chapter\nfifty-three of the laws of two thousand eleven, making appropriations\nfor the support of the local assistance budget, including support for\ngeneral support for public schools, divided by the total aid for\nadjustment computed pursuant to chapter fifty-three of the laws of two\nthousand eleven, making appropriations for the local assistance budget,\nincluding support for general support for public schools. Provided,\nfurther, that such amount shall be expended to support and maintain\nallowable programs and activities approved in the two thousand nine--two\nthousand ten school year or to support new or expanded allowable\nprograms and activities in the current year.\n 2. a. (i) In a common, union free, central, central high school, or a\ncity school district in a city having less than one hundred twenty-five\nthousand inhabitants, required to prepare a contract for excellence\npursuant to subdivision one of this section and, as of April first of\nthe base year, does not contain any schools identified as in corrective\naction or restructuring status or requiring academic progress: year\nthree or above, each contract for excellence shall describe how the sum\nof the amounts apportioned to the school district in the current year as\ntotal foundation aid, in excess of one hundred four percent of the\ndistrict's foundation aid base, as adjusted for additional amounts\npayable as charter school basic tuition over such amount payable in the\nbase year, shall be used to support new programs and new activities or\nredesign or expand the use of programs and activities demonstrated to\nimprove student achievement; provided however, up to fifty percent of\nadditional funding received in the current year may be used to maintain\ninvestments in programs and activities listed in paragraph a of\nsubdivision three of this section.\n (ii) In a common, union free, central, central high school, or a city\nschool district in a city having less than one hundred twenty-five\nthousand inhabitants, required to prepare a contract for excellence\npursuant to subdivision one of this section and, as of April first of\nthe base year, has at least one school identified as in corrective\naction or restructuring status or requiring academic progress: year\nthree or above, each contract for excellence shall describe how the sum\nof the amounts apportioned to the school district in the current year as\ntotal foundation aid, in excess of one hundred four percent of the\ndistrict's foundation aid base, as adjusted for additional amounts\npayable as charter school basic tuition over such amount payable in the\nbase year, shall be used to support new programs and new activities or\nredesign or expand the use of programs and activities demonstrated to\nimprove student achievement; provided however, up to thirty-five percent\nof additional funding received in the current year may be used to\nmaintain investments in the programs and activities listed in paragraph\na of subdivision three of this section.\n (iii) In a city school district in a city having a population of one\nhundred twenty-five thousand or more inhabitants but less than one\nmillion inhabitants that either receives a supplemental educational\nimprovement plan grant or is required to submit a contract for\nexcellence based solely upon the criteria specified in paragraph b of\nsubdivision one of this section, each contract for excellence shall\ndescribe how the sum of the amounts apportioned to the school district\nin the current year as total foundation aid, and as supplemental\neducational improvement plan grants, in excess of one hundred four\npercent of such aid apportioned to the district in the base year, as\nadjusted for additional amounts payable as charter school basic tuition\nover such amount payable in the base year, shall be used to support new\nprograms and new activities or redesign or expand the use of programs\nand activities demonstrated to improve student achievement; provided\nhowever, up to fifty percent of additional funding received in the\ncurrent year may be used to maintain investments in the programs and\nactivities listed in paragraph a of subdivision three of this section.\n (iv) In a city school district in a city having a population of one\nhundred twenty-five thousand or more inhabitants but less than one\nmillion inhabitants that satisfies the criteria specified in paragraph a\nof subdivision one of this section and does not receive a supplemental\neducational improvement plan grant, each contract for excellence shall\ndescribe how the sum of the amounts apportioned to the school district\nin the current year as total foundation aid, in excess of one hundred\nthree percent of the district's foundation aid base, as adjusted for\nadditional amounts payable as charter school basic tuition over such\namount payable in the base year, shall be used to support new programs\nand new activities or expand the use of programs and activities\ndemonstrated to improve student achievement; provided however, up to\ntwenty-five percent of additional funding received in the current year\nmay be used to maintain investments in the programs and activities\nlisted in paragraph a of subdivision three of this section.\n (v) In a city school district in a city having a population of one\nmillion or more inhabitants, each contract for excellence shall describe\nhow the amounts apportioned to the school district in the current year\nas total foundation aid and academic achievement grants, in excess of\none hundred three percent of the district's foundation aid base, shall\nbe used to support new programs and new activities or expand the use of\nprograms and activities demonstrated to improve student achievement;\nprovided however, up to thirty million dollars or twenty-five percent of\nadditional funding received in the current year, whichever is less, may\nbe used to maintain investments in the programs and activities listed in\nparagraph a of subdivision three of this section.\n (vi) Each contract for excellence for a school district that was\nrequired to prepare a contract for excellence in the base year shall\nprovide for the expenditure of an amount equivalent to the total\nbudgeted amount approved by the commissioner in the district's approved\ncontract for excellence for the base year; provided that such amount\nshall be expended to support and maintain allowable programs and\nactivities approved in the base year or to support new or expanded\nallowable programs and activities in the current year.\n (vii) (A) Notwithstanding any other provision of this section to the\ncontrary, a school district that submitted a contract for excellence for\nthe two thousand seven--two thousand eight school year and the two\nthousand eight--two thousand nine school year and is required to submit\na contract for excellence for the two thousand nine--two thousand ten\nschool year but did not fully expend all of its two thousand seven--two\nthousand eight foundation aid subject to the contract for excellence\nrestrictions during the two thousand seven--two thousand eight school\nyear may re-allocate and expend such unexpended funds during the two\nthousand eight--two thousand nine and two thousand nine--two thousand\nten school years for allowable contract for excellence programs and\nactivities as defined in subdivision three of this section in a manner\nprescribed by the commissioner. For purposes of determining maintenance\nof effort pursuant to subparagraph (vi) of this paragraph for the two\nthousand eight--two thousand nine school year, funds expended pursuant\nto this subparagraph shall be included in the total budgeted amount\napproved by the commissioner in the district's contract for excellence\nfor the two thousand seven--two thousand eight school year; provided\nthat such amount shall not be counted more than once in determining\nmaintenance of effort for the two thousand nine--two thousand ten school\nyear or thereafter.\n (B) Notwithstanding any other provision of this section to the\ncontrary, a school district that submitted a contract for excellence for\nthe two thousand nine--two thousand ten school year but did not fully\nexpend all of its two thousand nine--two thousand ten foundation aid\nsubject to the contract for excellence restrictions during the two\nthousand nine--two thousand ten school year may re-allocate and expend\nsuch unexpended funds during the two thousand eleven--two thousand\ntwelve school year for allowable contract for excellence programs and\nactivities as defined in subdivision three of this section in a manner\nprescribed by the commissioner; provided that such amount shall not be\ncounted more than once in determining any maintenance of effort pursuant\nto this section.\n b. (i) The contract shall specify the new or expanded programs for\nwhich additional amounts of such total foundation aid, or grant shall be\nused and shall affirm that such programs shall predominately benefit\nstudents with the greatest educational needs including, but not limited\nto, those students with limited English proficiency, students in poverty\nand students with disabilities.\n (ii) (A) In a city school district in a city having a population of\none million or more inhabitants such contract shall also include a plan,\nwhich shall be developed in collaboration with the collective bargaining\nunits representing teachers and the principals beginning in September\ntwo thousand twenty-two and signed off on by the chancellor and the\npresidents of each bargaining unit, to reduce actual class sizes,\nbeginning September two thousand twenty-three and to be achieved by\nSeptember two thousand twenty-eight for all classes, with the exception\nof physical education and performing groups, as follows: (1)\nkindergarten-third grade to have no more than twenty students per class;\n(2) fourth-eighth grade to have no more than twenty-three students per\nclass; and (3) high school to have no more than twenty-five students per\nclass. Physical education and performing groups shall have no more than\nforty students per class at all levels. Each year of the plan, an\nadditional twenty percent of the classrooms in the city school district,\nexcluding special education classes, shall be in compliance with the\nclass size targets such that the city school district is in full\ncompliance by two thousand twenty-eight and all classes should maintain\nthe target class size. The class size reduction plan shall prioritize\nschools serving populations with higher poverty levels.\n (B) The class size reduction plan shall include any exemptions to the\nclass size targets. These exemptions shall be limited to: (1) space; (2)\nover-enrolled students; (3) license area shortages; and (4) severe\neconomic distress. Any such exemptions shall be approved by the\nchancellor and the presidents of the collective bargaining units\nrepresenting the teachers and the principals as part of the class size\nreduction plan. Should the chancellor and the presidents of the\ncollective bargaining units representing the teachers and the principals\nbe unable to reach agreement on the exemptions after thirty days, the\nissue shall be determined by an arbitrator. In addition, any exemption\nbased on available space shall include a reference to the capital budget\nto demonstrate that the budget is aligned with resolving the exemption\nstatus. Exempted classes, for the years in which they are exempt, and\nspecial education classes shall not count toward the twenty percent\ntarget.\n (C) The class size reduction plan shall also include the methods to be\nused to achieve the class size targets, such as the creation or\nconstruction of more classrooms and school buildings, the placement of\nmore than one teacher in a classroom or methods to otherwise reduce the\nstudent to teacher ratio, but only as a temporary measure until more\nclassrooms are made available in conformance with the plan. For elective\nand specialty classes, the collective bargaining unit representing\nteachers may negotiate class sizes higher than the targets if such\nincrease is approved by a majority of the staff in the school.\n (iii) A city school district in a city having a population of one\nmillion or more inhabitants shall prepare annual reports, on the dates\nset forth below, to the commissioner on the status of the implementation\nof its plan to reduce actual class sizes pursuant to subparagraph (ii)\nof this paragraph. Such report shall be publicly released and posted on\nthe city school district's website, identifying all schools that\nreceived funds targeted at class size reduction efforts pursuant to the\nrequirements of this section and providing the following information\nregarding such schools:\n (A) the amount of contract for excellence funds received by each\nschool and the school year in which it received such funds;\n (B) a detailed description of how contract for excellence funds\ncontributed to achieving class size reduction in each school that\nreceived such funding including specific information on the number of\nclasses in each school that existed prior to receiving contract for\nexcellence funds and the number of new classes that were created in each\nschool for each year such funding was received, the number of classroom\nteachers that existed in each school prior to receiving contract for\nexcellence funds and the number of new classroom teachers in each school\nfor each year such funding was received, the student to teacher ratio in\neach school prior to receiving contract for excellence funds and the\nstudent to teacher ratio in each school for each year such funding was\nreceived;\n (C) the actual student enrollment for the current school year and the\nprojected student enrollment for the upcoming school year for each\nschool by grade level;\n (D) the actual class sizes for the current school year, and the\nprojected class sizes for the upcoming school year for each school by\ngrade level;\n (E) the annual capital plan for school construction and leasing to\nshow how many classrooms will be added in each year and in which schools\nand districts to achieve the class size targets;\n (F) how the school capacity and utilization formula is aligned to the\nclass size targets in the city school district's class size reduction\nplan; and\n (G) the schools that have made insufficient progress toward achieving\nthe class size reduction targets set forth in the approved class size\nreduction plan pursuant to subparagraph (ii) of this paragraph and a\ndetailed description of the actions that will be taken to reduce class\nsizes in such schools.\n The report shall be submitted to the commissioner on or before\nNovember fifteenth two thousand twenty-three and on or before November\nfifteenth of each year thereafter and made available to the public by\nsuch date on the city school district's website. If the department\ndetermines that the November fifteenth report does not demonstrate\nsufficient decreases in class size, the department shall issue a letter\nmaking that determination public on its website and the city school\ndistrict shall immediately submit a plan for corrective action, which\nshall be developed in collaboration with the collective bargaining units\nrepresenting the teachers and the principals and signed off on by the\nchancellor and the president of each collective bargaining unit. The\ncity school district's corrective action plan shall also be made\navailable to the public on the city school district's website upon\nsubmission to the department. The final corrective action plan shall be\nmade available to the public upon approval by the department. The report\nshall also be certified by the state or city comptroller that the city\nschool district's capital and education funding plans will provide\nsufficient space and staffing for the reduction in class size set forth\nin this paragraph and, if not, what measures and/or funding should be\nadded to the plan to achieve such targets.\n (iv) Provided the commissioner approves and the city school district\nremains in compliance with the class size reduction plan, as set forth\nherein, the state shall take such compliance into consideration when\ndetermining increases in foundation aid.\n (v) In addition to the annual reports, the city school district shall\nsubmit a financial impact statement on November fifteenth, two thousand\ntwenty-five. The financial impact statement may recommend a pause of the\nclass size reduction plan, but in no event may it result in a roll back\nor increase in class sizes.\n c. The contract for excellence shall state, for all funding sources,\nwhether federal, state or local, the instructional expenditures per\npupil, the special education expenditures per pupil, and the total\nexpenditures per pupil, projected for the current year and actually\nincurred in the base year.\n 3. a. The commissioner shall adopt regulations establishing allowable\nprograms and activities intended to improve student achievement which\nshall be limited to: (i) class size reduction, (ii) programs that\nincrease student time on task, including but not limited to, academic\nafter-school programs, (iii) teacher and principal quality initiatives,\n(iv) middle school and high school re-structuring, (v) expansion or\nreplication of effective model programs for students with limited\nEnglish proficiency, and (vi) full-day kindergarten or prekindergarten.\nProvided, however, that districts may use up to fifteen percent of the\nadditional funding they receive for experimental programs designed to\ndemonstrate the efficacy of other strategies to improve student\nachievement consistent with the intent of this section and, in school\nyear two thousand seven--two thousand eight, up to thirty million\ndollars or twenty-five percent of such additional funding, whichever is\nless, may be used to maintain investments in programs and activities\nlisted in this subdivision. Any such district seeking to implement an\nexperimental program shall first submit a plan to the commissioner\nsetting forth the need for such experimental program and how such\nprogram will improve student performance.\n b. The commissioner shall assist school districts that include in\ntheir contract for excellence the implementation of incentives,\ndeveloped in collaboration with teachers in the collective bargaining\nprocess, for highly qualified and experienced teachers to work in low\nperforming schools to ensure that such incentives are effective.\n 4. a. A district's contract for excellence for the academic year two\nthousand eight--two thousand nine and thereafter, shall be developed\nthrough a public process, in consultation with parents or persons in\nparental relation, teachers, administrators, and any distinguished\neducator appointed pursuant to section two hundred eleven-c of this\nchapter.\n b. Such process shall include at least one public hearing. In a city\nschool district in a city of one million or more inhabitants, a public\nhearing shall be held within each county of such city. A transcript of\nthe testimony presented at such public hearings shall be included when\nthe contract for excellence is submitted to the commissioner, for review\nwhen making a determination pursuant to subdivision five of this\nsection.\n c. In a city school district in a city of one million or more\ninhabitants, each community district contract for excellence shall be\nconsistent with the citywide contract for excellence and shall be\nsubmitted by the community superintendent to the community district\neducation council for review and comment at a public meeting.\n * d. For the two thousand seven--two thousand eight school year,\nschool districts shall solicit public comment on their contracts for\nexcellence.\n * NB Effective until July 1, 2023\n * d. In a city school district in a city of one million or more in-\nhabitants, the public process set forth in paragraphs a through c of\nthis subdivision shall commence no later than thirty days after a state\nbudget is enacted each year and be completed no later than thirty days\nafter its commencement. Notice of the public process shall be provided\nfifteen days prior to the commencement of the first public hearing and\nshall be posted on the city school district's website as well as\ntransmitted via email to school administrators, parent and teacher\norganizations, and elected officials. The proposed plan shall be\nsubmitted for state approval within two weeks following the completion\nof the public process. The proposed plan shall be posted on the city\nschool district's website within twenty-four hours of its submission\nalong with a summary of the public comments and the city school\ndistrict's explanation and reasons for which public comments were\nincorporated into the proposed plan and which public comments were not\nincorporated into the proposed plan.\n * NB Effective July 1, 2023\n 5. a. Each contract for excellence shall be subject to approval by the\ncommissioner and his or her certification that the expenditure of\nadditional aid or grant amounts is in accordance with subdivision two of\nthis section.\n b. In a city school district of one million or more inhabitants, upon\napproval of the contract for excellence, one-third of the contract for\nexcellence funds shall be released to the city school district. The\nremainder of the funds shall be released to the city school district\nupon submission of the November fifteenth report described in\nsubdivision two of this section, only if such report demonstrates\nsufficient reduction in class sizes, and the remainder of the funds\nshall be released upon submission by the city school district of the\ncorrective action plan described in subdivision two of this section. In\nthe years following a year which required a corrective action plan\npursuant to subdivision two of this section, no contract for excellence\nfunds shall be provided by the state until and unless such corrective\naction plan has been fully implemented.\n 6. (a) Increases in total foundation aid and supplemental educational\nimprovement plan grants shall be used to supplement, and not supplant\nfunds allocated by the district in the base year for all purposes set\nforth in subdivision three of this section. In a city of one million or\nmore, the city school district will provide the collective bargaining\nunit for teachers with the list of budget codes in which funding\nprovided under this section is utilized for a budget that would begin\nJuly first, two thousand twenty-five and after. Except in a city of one\nmillion or more, the school district audit report certified to the\ncommissioner by an independent certified public accountant or an\nindependent accountant pursuant to section twenty-one hundred sixteen-a\nof this chapter shall include a certification by such accountant in a\nform prescribed by the commissioner of compliance with the first\nsentence of this subdivision.\n (b) Within ten days of adoption of a budget by the city of New York,\nan independent certified public accountant, or an independent accountant\nor the comptroller of such city shall certify in a form prescribed by\nthe commissioner that (i) an audit by such office has confirmed that\nincreases in total foundation aid and supplemental improvement grants in\nthe base year were used to supplement, and not supplant funds allocated\nby the district in the previous year and (ii) in the adopted budget,\nincreases in total foundation aid and supplemental improvement grants\nsupplement, not supplant funds allocated by the district in the base\nyear for such purposes.\n Upon a determination that either (i) increases in total foundation aid\nand supplemental improvement grants in the base year were used to\nsupplant funds allocated by the district, or (ii) increases in total\nfoundation aid and supplemental improvement grants as appropriated will\nsupplant funds allocated by the district in the base year, the district\nshall be ordered to restore funds in such amounts as to eliminate the\nviolation.\n 7. The trustees or board of education of each school district subject\nto this section, or the chancellor in the case of a city school district\nin a city of one million or more inhabitants, shall assure that\nprocedures are in place by which parents or persons in parental relation\nmay bring complaints concerning implementation of the district's\ncontract for excellence.\n a. In a city school district in a city of one million or more\ninhabitants, such procedures shall provide that complaints may be filed\nwith the building principal with an appeal to the community\nsuperintendent, or filed directly with the community superintendent, and\nthat any appeal of the determination of a community superintendent shall\nbe made to the chancellor.\n b. In all other districts, such procedures shall either provide for\nthe filing of complaints with the building principals with an appeal to\nthe superintendent of schools or for filing of the complaint directly\nwith the superintendent of schools, and shall provide for an appeal to\nthe trustees or board of education from the determination of the\nsuperintendent of schools.\n c. The determination of the trustees or a board of education or the\nchancellor may be appealed to the commissioner pursuant to section three\nhundred ten of this title.\n 8. School districts subject to the provisions of this section shall\npublicly report the expenditure of total foundation aid in the form and\nmanner prescribed by the commissioner which shall ensure full disclosure\nof the use of such funds.\n 9. The department shall develop a methodology for reporting\nschool-based expenditures by all school districts subject to the\nprovisions of this section.\n