§ 305 — General powers and duties

New York § 305

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 7: Commissioner of Education

Text

§ 305. General powers and duties. The commissioner of education is\nhereby charged with the following powers and duties:\n 1. He is the chief executive officer of the state system of education\nand of the board of regents. He shall enforce all general and special\nlaws relating to the educational system of the state and execute all\neducational policies determined upon by the board of regents.\n 2. He shall have general supervision over all schools and institutions\nwhich are subject to the provisions of this chapter, or of any statute\nrelating to education, and shall cause the same to be examined and\ninspected, and shall advise and guide the school officers of all\ndistricts and cities of the state in relation to their duties and the\ngeneral management of the schools under their control. Additionally, he\nshall cause to be prepared and distributed to school officers of all\ndistricts, nonpublic schools and cities of the state timely notice as to\nalternate sources of funding for specific programs or purposes such as,\nbut not limited to, grants to be awarded on the basis of competitive\nproposals by state or federal agencies or from an approved private\nsource. Such notice shall include information as to proposal submission\ndeadlines, eligibility standards and other relevant information to\nassist school officers in making application for such alternate sources\nof funding. The commissioner shall not be liable for any damages\nresulting from failure to give notice under this subdivision.\n 3. He shall have general supervision of industrial schools, trade\nschools and schools of agriculture, mechanic arts and home making; he\nshall prescribe regulations governing the licensing of the teachers\nemployed therein; and he is hereby authorized, empowered and directed to\nprovide for the inspection of such schools, to take necessary action to\nmake effectual the provisions therefor, and to advise and assist boards\nof education in the several cities and school districts in the\nestablishment, organization and management of such schools.\n 4. He shall also have general supervision over the state teachers\ncolleges and state colleges for teachers which have been, or which may\nhereafter be, established as required by the provisions of this chapter.\n 5. He shall be ex officio a trustee of Cornell university.\n 6. He shall be responsible for the safe keeping and proper use of the\ndepartment and university seal and of the books, records and other\nproperty in charge of the regents, and for the proper administration and\ndiscipline of the various officers and divisions of the education\ndepartment.\n 7. The commissioner may annul upon cause shown to his or her\nsatisfaction any certificate of qualification granted to a teacher by\nany authority whatever or declare any diploma issued by a state teachers\ncollege and state colleges for teachers ineffective and null as a\nqualification to teach a public school within this state, and the\ncommissioner may reconsider and reverse his or her action in any such\nmatter. In a proceeding brought pursuant to this subdivision on charges\nagainst a certified teacher, the commissioner shall also be authorized\nto impose as a penalty:\n a. suspension of a teaching certificate or license:\n (1) wholly for a fixed period of time; or\n (2) partially, until the teacher successfully completes a course of\nretraining in the area to which the suspension applies; or\n (3) wholly, until the teacher successfully completes a course of\ntherapy or treatment;\n b. limitation of the scope of a teaching certificate through\nrevocation of an extension to teach additional subjects or grades;\n c. a fine not to exceed five thousand dollars; or\n d. a requirement that the teacher pursue a course of continuing\neducation or training.\n The attorney general shall, at the request of the commissioner or the\ndirector of the division of the budget, bring an action in the name of\nthe people of the state of New York to enforce and collect any fine\nimposed pursuant to this subdivision. In any such action, the findings\nand determination of the hearing officer or hearing panel or of the\ncommissioner shall be admissible evidence and shall be conclusive proof\nof the violation and the penalty assessed. For purposes of this\nsubdivision, the term "teacher" shall mean any professional educator\nholding a teaching certificate or license, including but not limited to\na classroom teacher, teaching assistant, pupil personnel services\nprofessional, school administrator or supervisor or superintendent of\nschools.\n 7-a. a. In addition to the authority to revoke and annul a certificate\nof qualification of a teacher in a proceeding brought pursuant to\nsubdivision seven of this section, the commissioner shall be authorized,\nand it shall be his or her duty, to revoke and annul in accordance with\nthis subdivision the teaching certificate of a teacher convicted of a\nsex offense for which registration as a sex offender is required\npursuant to article six-C of the correction law or of any other violent\nfelony offense or offenses committed against a child when such child was\nthe intended victim of such offense.\n b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n (1) "conviction" means any conviction whether by plea of guilty or\nnolo contendere or from a verdict after trial or otherwise;\n (2) "sex offense" means an offense set forth in subdivision two or\nthree of section one hundred sixty-eight-a of the correction law,\nincluding an offense committed in any jurisdiction for which the\noffender is required to register as a sex offender in New York;\n (3) "teacher" means any professional educator holding a teaching\ncertificate as defined in subparagraph four of this paragraph, including\nbut not limited to a classroom teacher, teaching assistant, pupil\npersonnel services professional, school administrator or supervisor or\nsuperintendent of schools;\n (4) "teaching certificate" means the certificate or license or other\ncertificate of qualification granted to a teacher by any authority\nwhatsoever; and\n (5) "violent felony offense" means any offense as defined in\nsubdivision one of section 70.02 of the penal law.\n c. Upon receipt of a certified copy of a criminal history record\nshowing that a teacher has been convicted of a sex offense or sex\noffenses or a violent felony offense or offenses committed against a\nchild when such child was the intended victim of such offense or upon\nreceipt of notice of such a conviction as provided in paragraph d of\nthis subdivision, the commissioner shall automatically revoke and annul\nthe teaching certificate of such teacher without the right to a hearing.\nThe commissioner shall mail notice of the revocation and annulment\npursuant to this subdivision by certified mail, return receipt\nrequested, and by first-class mail directed to the teacher at such\nteacher's last known address and, if different, the last address filed\nby the certificate holder with the commissioner and to the teacher's\ncounsel of record in the criminal proceeding as reported in the notice\npursuant to paragraph d of this subdivision. Such notice shall inform\nthe teacher that his or her certificate has been revoked and annulled,\nidentify the sex offense or sex offenses or violent felony offense or\noffenses committed against a child when such child was the intended\nvictim of such offense of which the teacher has been convicted and shall\nset forth the procedure to follow if the teacher denies he or she is the\nperson who has been so convicted. If such teacher notifies the\ncommissioner in writing within twenty-five days after the date of\nreceipt of the notice that he or she is not the same person as the\nconvicted offender identified in the criminal record or identified\npursuant to paragraph d of this subdivision, provides proof to\nreasonably support such claim and the commissioner is satisfied the\nproof establishes such claim, the commissioner shall, within five\nbusiness days of the receipt of such proof, restore such teacher's\nteaching certificate retroactive to the date of revocation and\nannulment.\n d. Upon conviction of a teacher of a sex offense defined in this\nsubdivision, the district attorney or other prosecuting authority who\nobtained such conviction shall provide notice of such conviction to the\ncommissioner identifying the sex offense or sex offenses or violent\nfelony offense or offenses committed against a child when such child was\nthe intended victim of such offense of which the teacher has been\nconvicted, the name and address of such offender and other identifying\ninformation prescribed by the commissioner, including the offender's\ndate of birth and social security number, to the extent consistent with\nfederal and state laws governing personal privacy and confidentiality of\ninformation. Such notice shall also include the name and business\naddress of the offender's counsel of record in the criminal proceeding.\n e. Upon receipt of proof that the conviction or convictions that\nformed the basis for revocation and annulment of the teacher's teaching\ncertificate pursuant to this subdivision have been set aside upon appeal\nor otherwise reversed, vacated or annulled, the commissioner shall be\nrequired to conduct a due process hearing pursuant to subdivision seven\nof this section and part eighty-three of title eight of the New York\ncodes, rules and regulations prior to making a determination as to\nwhether to reinstate the teacher's original teaching certificate. Such\ndetermination shall be made within ninety days after such proof has been\nreceived.\n f. Except as provided in paragraph g of this subdivision, and\nnotwithstanding any other provision of law to the contrary, a teacher\nshall be reinstated to his or her position of employment in a public\nschool, with full back pay and benefits from the date his or her\ncertificate was revoked or annulled to the date of such reinstatement,\nunder the following circumstances:\n (i) The termination of employment was based solely on the conviction\nof a sex offense, or conviction of a violent felony offense or offenses\ncommitted against a child when such child was the intended victim of\nsuch offense or the revocation or annulment of a certificate based on\nsuch conviction, and such conviction has been set aside on appeal or\notherwise reversed, vacated or annulled and the commissioner has\nreinstated the teacher's certification pursuant to paragraph e of this\nsubdivision; or\n (ii) The termination of employment was based solely on the conviction\nof a sex offense or violent felony offense or offenses committed against\na child when such child was the intended victim of such offense and it\nhas been determined that the teacher is not the same person as the\nconvicted offender.\n g. If a teacher's employment was terminated as a result of a\ndisciplinary proceeding conducted pursuant to section three thousand\ntwenty-a of this chapter or other disciplinary hearing conducted\npursuant to any collective bargaining or contractual agreement on one or\nmore grounds other than conviction of a sex offense, or the revocation\nor annulment of a certificate based on such conviction, then nothing in\nparagraph f of this subdivision shall require a school district to\nreinstate employment of such teacher or be liable for back pay or\nbenefits.\n h. No provision of this article shall be deemed to preclude the\nfollowing: (i) the commissioner from conducting a due process hearing\npursuant to subdivision seven of this section and part eighty-three of\ntitle eight of the New York codes, rules and regulations; or (ii) a\nschool district or employing board from bringing a disciplinary\nproceeding pursuant to section three thousand twenty-a or three thousand\ntwenty-b of this chapter; or (iii) a school district or employing board\nfrom bringing an alternative disciplinary proceeding conducted pursuant\nto a collective bargaining or contractual agreement.\n i. The commissioner shall be authorized to promulgate any regulations\nnecessary to implement the provisions of this subdivision.\n 7-b. a. In addition to the authority to revoke and annul a certificate\nof qualification of a teacher in a proceeding brought pursuant to\nsubdivisions seven and seven-a of this section, the commissioner shall\nbe authorized, and it shall be his or her duty, to revoke and annul in\naccordance with this subdivision the certificate of a school\nadministrator or supervisor convicted of an offense listed under\nsubparagraph two of paragraph b of this subdivision.\n b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n (1) "conviction" means any conviction whether by plea of guilty or\nnolo contendere or from a verdict after trial or otherwise;\n (2) "offense" means defrauding the government as defined in section\n195.20 of the penal law, and any such offense in any other jurisdiction\nwhich includes all of the elements of such felony and for which a\nsentence to a term of imprisonment in excess of one year was authorized\nand is authorized in such state, irrespective of whether such sentence\nwas imposed;\n (3) "school administrator or supervisor" means any professional school\ndistrict administrator, school administrator or supervisor, or school\nbusiness administrator holding a certificate as defined in subparagraph\nfour of this paragraph; and\n (4) "certificate" means the certificate or license or other\ncertificate of qualification granted to qualify an individual to serve\nas a school administrator or supervisor by any authority whatsoever.\n c. Upon receipt of a certified copy of a criminal history record\nshowing that a school administrator or supervisor has been convicted of\nan offense as defined in subparagraph two of paragraph b of this\nsubdivision or upon receipt of notice of such a conviction as provided\nin paragraph d of this subdivision, the commissioner shall automatically\nrevoke and annul the certificate of such school administrator or\nsupervisor without the right to a hearing. The commissioner shall mail\nnotice of the revocation pursuant to this subdivision by certified mail,\nreturn receipt requested, and by first-class mail directed to the school\nadministrator's or supervisor's last known address and, if different,\nthe last address filed by the certificate holder with the commissioner\nand to the school administrator's or supervisor's counsel of record in\nthe criminal proceeding as reported in the notice pursuant to paragraph\nd of this subdivision. Such notice shall inform the school administrator\nor supervisor that his or her certificate has been revoked and annulled,\nidentify the offense of which the school administrator or supervisor has\nbeen convicted and shall set forth the procedure to follow if the school\nadministrator or supervisor denies he or she is the person who has been\nso convicted. If such school administrator or supervisor notifies the\ncommissioner in writing within twenty-five days after the date of\nreceipt of the notice that he or she is not the same person as the\nconvicted offender identified in the criminal record, or identified\npursuant to paragraph d of this subdivision, provides proof to\nreasonably support such claim and the commissioner is satisfied the\nproof establishes such claim, the commissioner shall, within five\nbusiness days of the receipt of such proof, restore such school\nadministrator's or supervisor's teaching certificate retroactive to the\ndate of revocation and annulment.\n d. Upon conviction of a school administrator or supervisor of an\noffense defined in subparagraph two of paragraph b of this subdivision,\nthe district attorney or other prosecuting authority who obtained such\nconviction shall provide notice of such conviction to the commissioner\nidentifying the offense of which the school administrator or supervisor\nhas been convicted, the name and address of such offender and other\nidentifying information prescribed by the commissioner, including the\noffender's date of birth and social security number, to the extent\nconsistent with federal and state laws governing personal privacy and\nconfidentiality of information. Such district attorney or other\nprosecuting authority shall include in such notice the name and business\naddress of the offender's counsel of record in the criminal proceeding.\n e. Upon receipt of proof that the conviction or convictions that\nformed the basis for revocation and annulment of the school\nadministrator's or supervisor's certificate pursuant to this subdivision\nhave been set aside upon appeal or otherwise reversed, vacated or\nannulled, the commissioner shall be required to conduct a due process\nhearing pursuant to subdivision seven of this section and part\neighty-three of title eight of the New York codes, rules and regulations\nprior to making a determination as to whether to reinstate the school\nadministrator's or supervisor's original certificate. Such determination\nshall be made within ninety days after such proof has been received.\n f. Except as provided in paragraph g of this subdivision, and\nnotwithstanding any other provision of law to the contrary, a school\nadministrator or supervisor shall be reinstated to his or her position\nof employment in a public school or public school district, with full\nback pay and benefits from the date his or her certificate was revoked\nor annulled to the date of such reinstatement, under the following\ncircumstances:\n (1) The termination of employment was based solely on the conviction\nof an offense defined in subparagraph two of paragraph b of this\nsubdivision, or the revocation or annulment of a certificate based on\nsuch conviction, and such conviction has been set aside on appeal or\notherwise reversed, vacated or annulled and the commissioner has\nreinstated the school administrator's or supervisor's certification\npursuant to paragraph e of this subdivision; or\n (2) The termination of employment was based solely on the conviction\nof an offense defined in subparagraph two of paragraph b of this\nsubdivision and it has been determined that the school administrator or\nsupervisor is not the same person as the convicted offender.\n g. If a school administrator's or supervisor's employment was\nterminated as a result of a disciplinary proceeding conducted pursuant\nto section three thousand twenty-a of this chapter or other disciplinary\nhearing conducted pursuant to any collective bargaining or contractual\nagreement on one or more grounds other than conviction of an offense\ndefined in subparagraph two of paragraph b of this subdivision, or the\nrevocation or annulment of a certificate based on such conviction, then\nnothing in paragraph f of this subdivision shall require a school\ndistrict to reinstate the employment of such school administrator or\nsupervisor or be liable for back pay or benefits.\n h. No provision of this article shall be deemed to preclude the\nfollowing: (1) the commissioner from conducting a due process hearing\npursuant to subdivision seven of this section and part eighty-three of\ntitle eight of the New York codes, rules and regulations; or (2) a\nschool district or employing board from bringing a disciplinary\nproceeding pursuant to section three thousand twenty-a of this chapter;\nor (3) a school district or employing board from bringing an alternative\ndisciplinary proceeding conducted pursuant to a collective bargaining or\ncontractual agreement.\n i. The commissioner shall be authorized to promulgate any regulations\nnecessary to implement the provisions of this subdivision.\n 8. He shall cause to be prepared and keep in his office records of all\npersons who have received, or shall receive, certificates of\nqualification to teach or diplomas of the state teachers colleges, and\nstate colleges for teachers, with the dates thereof, and shall note\nthereon all annulments of such certificates and diplomas, and reversals\nthereof, with the dates and causes thereof, together with such other\nparticulars as he may deem expedient.\n 9. The commissioner shall procure with the consent of the federal\nauthorities complete lists giving the names, ages and destination within\nthe state of all noncitizen children of school age and such other facts\nas will tend to identify them, and shall deliver copies of such lists to\nthe several boards of education and school boards in the respective\nlocalities within the state to which said children shall be destined, to\naid in the enforcement of the provisions of this chapter relative to the\ncompulsory attendance at school of children of school age.\n 10. He may administer oaths and take affidavits concerning any matter\nrelating to the duties of his office or pertaining in any way to the\nschools of the state or any part thereof.\n 11. He is hereby authorized to furnish, by means of pictorial or\ngraphic representations, additional facilities for instruction in\ngeography, history, science and kindred subjects, to the schools,\ninstitutions and organizations under the supervision of the regents.\nMaterial collected for this purpose may, under regents' general rules,\nbe lent for a limited time to responsible institutions and organizations\nfor the benefit of artisans, mechanics and other citizens of the several\ncommunities of the state. He may from time to time enter into contracts\nnecessary for carrying out this provision.\n 12. The commissioner of education is authorized and directed to\nestablish and provide for the maintenance and conduct of courses of\nstudy or training in state teachers colleges and state colleges for\nteachers and in colleges and universities and other educational\ninstitutions and in connection with other educational agencies for the\npurpose of training teachers in principles and methods of instruction,\nand to give them knowledge to fit them to instruct foreign born and\nnative adults and minors over sixteen years of age in evening,\nextension, factory, home and community classes. Such courses of study\nshall be prescribed by the commissioner of education and shall continue\nfor a period of not less than one year. No teacher employed to instruct\nforeign born and native adults and minors over sixteen years of age\nshall be employed by the state or compensated in whole or in part by the\nstate, unless he shall have completed such course of study or training\nor shall have an equivalent thereof to be determined under the\nregulations of the commissioner of education. A special certificate\nshall be issued to teachers who have completed such course of study or a\ncourse of instruction which is equivalent thereto, provided, however,\nthat temporary permits may be issued by the commissioner of education to\nteachers who are qualified to give such instruction pending the\ncompletion of such a course of study or training.\n 12-a. The commissioner shall evaluate the effectiveness of all teacher\npreparation programs in the state, and the timelines and costs of\ndeveloping or modifying data systems to collect the necessary data. Such\nstudy shall consider measuring the effectiveness of such programs based\non the academic performance of their students and graduates and through\nother measures. The commissioner shall consult with the chancellors of\nthe state university of New York and the city university of New York,\nand other representatives of institutions of higher education. Upon\ncompletion of such study, the commissioner shall make recommendations to\nthe board of regents on implementation of such methodologies.\n 13. The commissioner of education or the board of education or\ntrustees of any city or school district may provide for the\nestablishment of courses of instruction or study and schools in\nconnection with factories, places of employment, or in such other places\nas he or they may deem advisable, for the purpose of giving instruction\nto foreign-born and native adults and minors over the age of sixteen\nyears. Such course of instruction or study shall include instruction in\nEnglish, history, civics and other subjects tending to promote good\ncitizenship and to increase vocational efficiency. Such course of\ninstruction and study shall be prescribed by the regents of the\nuniversity of the state of New York, and shall be in conformity with\nrules to be adopted by them.\n 14. a. All contracts for the transportation of school children, all\ncontracts to maintain school buses owned or leased by a school district\nthat are used for the transportation of school children, all contracts\nfor mobile instructional units, and all contracts to provide, maintain\nand operate cafeteria or restaurant service by a private food service\nmanagement company shall be subject to the approval of the commissioner,\nwho may disapprove a proposed contract if, in his opinion, the best\ninterests of the district will be promoted thereby. Except as provided\nin paragraph e of this subdivision, all such contracts involving an\nannual expenditure in excess of the amount specified for purchase\ncontracts in the bidding requirements of the general municipal law shall\nbe awarded to the lowest responsible bidder, which responsibility shall\nbe determined by the board of education or the trustee of a district,\nwith power hereby vested in the commissioner to reject any or all bids\nif, in his opinion, the best interests of the district will be promoted\nthereby and, upon such rejection of all bids, the commissioner shall\norder the board of education or trustee of the district to seek, obtain\nand consider new proposals. All proposals for such transportation,\nmaintenance, mobile instructional units, or cafeteria and restaurant\nservice shall be in such form as the commissioner may prescribe.\nAdvertisement for bids shall be published in a newspaper or newspapers\ndesignated by the board of education or trustee of the district having\ngeneral circulation within the district for such purpose. Such\nadvertisement shall contain a statement of the time when and place where\nall bids received pursuant to such advertisement will be publicly opened\nand read either by the school authorities or by a person or persons\ndesignated by them. All bids received shall be publicly opened and read\nat the time and place so specified. At least five days shall elapse\nbetween the first publication of such advertisement and the date so\nspecified for the opening and reading of bids. The requirement for\ncompetitive bidding shall not apply to an award of a contract for the\ntransportation of pupils or a contract for mobile instructional units,\nif such award is based on an evaluation of proposals in response to a\nrequest for proposals pursuant to paragraph e of this subdivision. The\nrequirement for competitive bidding shall not apply to annual, biennial,\nor triennial extensions of a contract nor shall the requirement for\ncompetitive bidding apply to quadrennial or quinquennial year extensions\nof a contract involving transportation of pupils, maintenance of school\nbuses or mobile instructional units secured either through competitive\nbidding or through evaluation of proposals in response to a request for\nproposals pursuant to paragraph e of this subdivision, when such\nextensions (1) are made by the board of education or the trustee of a\ndistrict, under rules and regulations prescribed by the commissioner,\nand, (2) do not extend the original contract period beyond five years\nfrom the date cafeteria and restaurant service commenced thereunder and\nin the case of contracts for the transportation of pupils, for the\nmaintenance of school buses or for mobile instructional units, that such\ncontracts may be extended, except that power is hereby vested in the\ncommissioner, in addition to his existing statutory authority to approve\nor disapprove transportation or maintenance contracts, (i) to reject any\nextension of a contract beyond the initial term thereof if he finds that\namount to be paid by the district to the contractor in any year of such\nproposed extension fails to reflect any decrease in the regional\nconsumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based\nupon the index for all urban consumers (CPI-U) during the preceding\ntwelve month period; and (ii) to reject any extension of a contract\nafter ten years from the date transportation or maintenance service\ncommenced thereunder, or mobile instructional units were first provided,\nif in his opinion, the best interests of the district will be promoted\nthereby. Upon such rejection of any proposed extension, the commissioner\nmay order the board of education or trustee of the district to seek,\nobtain and consider bids pursuant to the provisions of this section. The\nboard of education or the trustee of a school district electing to\nextend a contract as provided herein, may, in its discretion, increase\nthe amount to be paid in each year of the contract extension by an\namount not to exceed the regional consumer price index increase for the\nN.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban\nconsumers (CPI-U), during the preceding twelve month period, provided it\nhas been satisfactorily established by the contractor that there has\nbeen at least an equivalent increase in the amount of his cost of\noperation, during the period of the contract.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nin the case of any emergency arising out of an accident or other\nunforeseen occurrence or condition affecting pupil transportation\nservices within a district, and requiring immediate action which cannot\nawait competitive bidding, interim contracts for pupil transportation\nservices may be let by the board of education or the trustee of such\ndistrict for a period not to exceed one month, pending the award of a\ncontract for such services in compliance with the provisions of\nparagraph a of this subdivision.\n c. Each board of education, or the trustees, of a school district\nwhich elected or elects to extend one or more pupil transportation\ncontracts may extend a contract in an amount which is in excess of the\nmaximum increase allowed by use of the CPI referenced in paragraph a of\nthis subdivision. Such excess amount shall not be greater than the sum\nof the following: (i) the sum of the actual cost of qualifying criminal\nhistory and driver licensing testing fees attributable to special\nrequirements for drivers of school buses pursuant to articles nineteen\nand nineteen-A of the vehicle and traffic law plus the actual cost of\nany diagnostic tests and physical performance tests that are deemed to\nbe necessary by an examining physician or the chief school officer to\ndetermine whether an applicant to drive a school bus under the terms of\nthe contract has the physical and mental ability to operate a school\ntransportation conveyance and to satisfactorily perform the other\nresponsibilities of a school bus driver pursuant to regulations of the\ncommissioner; (ii) in a school district located in a city with at least\none million inhabitants, the actual cost of clean air technology filters\nand Global Positioning System (GPS) technology; (iii) in a school\ndistrict located in a city with at least one million inhabitants, with\nrespects only to any extension beginning in fiscal year two thousand\nfive--two thousand six, the sum of the actual cost of providing school\nbus attendants including the actual cost of criminal history record\nchecks for school bus attendant applicants and training and instruction\nfor school bus attendants pursuant to section twelve hundred\ntwenty-nine-d of the vehicle and traffic law plus up to five percent of\nsuch cost for necessary administrative services; and (iv) the actual\ncost of equipment or vehicle modification, or training required, by any\nstate or local legislation or regulation promulgated or effective on or\nafter June first, two thousand five. Such costs shall be approved by the\ncommissioner upon documentation provided by the school district and\ncontractor as required by the commissioner.\n * d. Notwithstanding the provisions of paragraphs a, b and c of this\nsubdivision, the board of education or the trustee of a district and a\ncontractor providing pupil transportation services to such district may\namend a contract for pupil transportation services upon a finding that\nsuch amendment is necessary to comply with any federal, state or local\nlaw, rule or regulation imposed after the execution of such contract, or\nto enhance the safety of pupil transportation, as determined by the\nboard or trustee subject to the approval of the commissioner pursuant to\nregulations which shall require demonstrable enhancements in pupil\nsafety and/or increased savings consistent with maintaining pupil\nsafety. Such amendment shall cause no additional cost to the state,\nlocality or school district. The commissioner shall not approve such an\namendment if the commissioner finds that it circumvents the competitive\nbidding requirements contained in paragraph a of this subdivision, or\notherwise violates this section or any other provision of law, or fails\nto increase or maintain the safety of pupil transportation.\n * NB Repealed January 1, 2028\n e. Notwithstanding the provisions of any general, special or local law\nor charter, a board of education or a trustee of a district, pursuant to\nrules and regulations promulgated by the commissioner, may award a\ncontract for the transportation of pupils or a contract for mobile\ninstructional units involving an annual expenditure in excess of the\namount specified for purchase contracts in the bidding requirements of\nthe general municipal law in compliance with the provisions of paragraph\na of this subdivision or subsequent to an evaluation of proposals\nsubmitted in response to a request for proposals prepared by or for the\nboard of education or trustee of a district. The commissioner, in\naddition to his existing statutory authority to approve or disapprove\ntransportation contracts, may reject any award of a transportation\ncontract or a contract for mobile instructional units that is based on\nan evaluation of proposals submitted in response to a request for\nproposals if he finds that (1) the contractor is not the most responsive\nto the request for proposals, or (2) that the best interests of the\ndistrict will be promoted thereby.\n f. When a board of education or a trustee of a school district elects\nto receive proposals submitted in response to a request for proposals,\nsuch board of education or trustee shall evaluate each proposal from a\nresponding contractor according to criteria established by the\ncommissioner. For evaluation of proposals related to contracts for pupil\ntransportation services, such criteria shall include at a minimum (i)\nthe previous experience of the contractor in transporting pupils, (ii)\nthe name of each transportation company the contractor has been an owner\nor a manager and previous experience, (iii) a description of any safety\nprograms implemented by the contractor, (iv) a record of accidents in\nmotor vehicles under the control of the contractor, (v) driving history\nof employees of the contractor, (vi) inspection records and model year\nof the motor vehicles under the control of the contractor, (vii)\nmaintenance schedule of the motor vehicles under the control of the\ncontractor, (viii) financial analysis of the contractor, and (ix)\ncompliance with insurance requirements. For evaluation of proposals\nrelated to contracts for mobile instructional units, such criteria shall\ninclude at a minimum (1) the previous experience of the contractor in\nproviding mobile instructional units for use by public school districts,\n(2) the name of each transportation company or manufacturer in which the\ncontractor or any of the contractor's officers has been an owner or a\nmanager or has had a controlling interest, (3) a description of any\nvehicle safety standards included in the design standards for the mobile\ninstructional units under the control of the contractor that exceed\napplicable standards defined in statute or regulations, (4) inspection\nrecords and model year of the mobile instructional units under the\ncontrol of the contractor, (5) maintenance schedule of the mobile\ninstructional units under the control of the contractor, (6) financial\nanalysis of the contractor and (7) compliance with insurance\nrequirements.\n g. Notwithstanding the provisions of this subdivision, section one\nhundred three of the general municipal law, or any other provision of\nlaw to the contrary, the board of education shall be authorized to enter\ninto a piggyback contract with another school district that transports\nstudents pursuant to a contract with a private transportation\ncontractor, provided that the board finds that the contract cost is\nappropriate and entry into a piggyback contract will result in a cost\nsavings to the school district. For purposes of this paragraph, a\n"piggyback contract" means a contract for the transportation of students\nthat: (1) provides transportation to a location outside the students'\nschool district of residence to which another school district is already\nproviding transportation to its own students through an existing\ncontract with a private transportation contractor, other than a\ncooperatively bid contract; (2) is entered into by the private\ntransportation contractor and each school district involved; and (3)\nprovides for transportation in accordance with the terms and conditions\nof such existing transportation contract.\n 15. The extension industrial teacher training courses heretofore\nestablished are continued under the jurisdiction and control of the\neducation department. Members of the faculty to teach such courses shall\nbe appointed by the commissioner of education and, subject to the\napproval of the director of the budget, shall be classified, allocated\nand paid in accordance with the schedules contained in section three\nhundred fifty-five-a of this chapter.\n 16. The commissioner shall cooperate with the commissioner of health\nto facilitate the timely establishment and maintenance of current\nrecords of courses in advanced emergency medical technology.\n 17. Whenever a mistake has been made, or an honest dispute exists, as\nto the location of the division line between land owned by the state,\nwhich is under the jurisdiction, care, custody or control of the\ndepartment of education, and adjoining privately owned land, the\ncommissioner of education, acting for and on behalf and in the name of\nthe people of the state of New York, may enter into a boundary line\nagreement, fixing and determining the division line between such lands,\nsubject to the approval of the attorney general as to form, content and\nmanner of execution.\n 18. The commissioner shall cooperate with the superintendent of\nfinancial services and the commissioner of commerce in the creation of\neducational programs to be offered in conjunction with and in support of\nthe export finance awareness program of the department of financial\nservices and the department of commerce. Such assistance may include,\nbut shall not be limited to, the development of specific training\nprograms, identification of potential training needs, provision of\nfacilities for training and the identification of potential trainees.\nFurther activity by the commissioner shall require that a designee of\nthe commissioner attend each and every export awareness advisory board\nmeeting, formally report to the commissioner, and have the commissioner\ncontact the superintendent of financial services and the commissioner of\ncommerce so that the superintendent of financial services may coordinate\nthe activities of each of these components in the area of training.\n 19. The commissioner is authorized and directed to require all\nelementary and secondary schools to store all chemicals present in their\nscience facilities in locked and secure storage rooms and cabinets. The\nschools shall provide for the placement, spacing, arrangement,\nventilation and fire protection of such stored chemicals in accordance\nwith guidelines promulgated by the commissioner of education. The\ncommissioner shall also require all elementary and secondary schools to\nprepare at least annually an inventory of such chemicals, including the\nchemical's name, the chemical abstracts service registry number, a\nhazard warning code, the generally accepted method or methods of\ndisposal, a compatible storage code, the date received, the scheduled\ndate of disposal, the quantity received, the quantity remaining and its\nlocation. The inventory must be kept in a secure location and be\navailable for inspection by the commissioner.\n 20. He shall also have and execute such further powers and duties as\nhe shall be charged with by the regents.\n 21. a. For the purposes of the computation of the apportionment of aid\nunder any of the provisions of this chapter or any other law, the\ncommissioner shall promulgate regulations to provide where not otherwise\nprovided by law, for the use of whole numbers, fractions or decimals.\nSuch regulations shall specify when such numbers shall be rounded or\ntruncated. Such regulations may provide that under each apportionment\nthe amount of aid to be paid pursuant to the applicable section of law\nmay be paid in whole dollars.\n b. The commissioner shall periodically prepare an updated electronic\ndata file containing actual and estimated data relating to\napportionments due and owing during the current school year and\nprojections of such apportionments for the following school year to\nschool districts and boards of cooperative educational services from the\ngeneral support for public schools, growth and boards of cooperative\neducational services appropriations on the following dates: November\nfifteenth, or such alternative date as may be requested by the director\nof the budget for the purpose of preparation of the executive budget;\nFebruary fifteenth, or such alternative date as may be jointly requested\nby the chair of the senate finance committee and the chair of the\nassembly ways and means committee; and May fifteenth. For the purposes\nof using estimated data for projections of apportionments for the\nfollowing school year, when no specific apportionment has yet been made\nfor such school year, but such apportionment has a history of annual\nreauthorization, the commissioner shall estimate the apportionment at\nthe same level as the preceding school year, subject to the annual\napproval of the director of the budget, the chairperson of the senate\nfinance committee and the chairperson of the assembly ways and means\ncommittee.\n c. The commissioner shall transmit a report in support of the general\nsupport for public schools appropriation to the director of the budget\nand each such committee chair containing schedules displaying such\napportionments then due and owing, including updated data for the\ncurrent audit year, seven preceding audit years and the estimated year,\nto coincide with each such update and by September first with respect to\npayments due for the preceding school year.\n d. Notwithstanding any inconsistent provision of law to the contrary,\nfor the purposes of (i) determining the base year level of general\nsupport for public schools pursuant to paragraph b of this subdivision\nfor the two thousand seventeen--two thousand eighteen school year and\nthereafter, the commissioner is directed to include the state-funded\ngrant amounts allocated pursuant to subdivision ten of section\nthirty-six hundred two-e of this chapter where such state-funded grants\nhad previously been allocated to districts by means other than general\nsupport for public schools, and (ii) for the purposes of determining\nboth the base year and current year levels of general support for public\nschools pursuant to paragraph b of this subdivision for the two thousand\nnineteen--two thousand twenty school year and thereafter, the\ncommissioner is also directed to include grant amounts pursuant to\nsection thirty-six hundred two-ee of this chapter, provided that,\nnotwithstanding any provision of law to the contrary, such base year\ngrant amounts shall not be included in: (1) the allowable growth amount\ncomputed pursuant to paragraph dd of subdivision one of section\nthirty-six hundred two of this chapter, (2) the preliminary growth\namount computed pursuant to paragraph ff of subdivision one of section\nthirty-six hundred two of this chapter, and (3) the allocable growth\namount computed pursuant to paragraph gg of subdivision one of section\nthirty-six hundred two of this chapter, and shall not be considered, and\nshall not be available for interchange with, general support for public\nschools.\n e. Notwithstanding any inconsistent provision of law to the contrary,\nin preparing an electronic data file pursuant to paragraph b of this\nsubdivision, for the purposes of using estimated data for projections of\napportionments for the following school year, the commissioner shall (i)\ncalculate the negative difference, if any, of the allowable growth\namount computed pursuant to subdivision one of section thirty-six\nhundred two of this chapter less the preliminary growth amount pursuant\nto such subdivision, and (ii) include such negative difference as the\n"growth cap adjustment" in any file that aggregates apportionments of\ngeneral support for public schools for the purpose of determining the\namounts necessary in the state fiscal years associated with the school\nyear estimates, provided that the commissioner shall not allocate any\namount of such growth cap adjustment to any school district.\n 22. The commissioner shall establish the procedures for a statewide\nsystem of assigning unique student identification numbers for all\nstudents in public and nonpublic schools within the state for purposes\nof student tracking and for state reporting purposes. Students shall\nretain their numbers until they attain the age of twenty-one. As new\nstudents enter schools in New York, they shall be assigned a unique\nnumber. The commissioner shall include in such system appropriate\nprocedures for insuring security and confidentiality of student\ninformation. The commissioner shall adopt regulations to provide for the\nimplementation of such statewide system by school districts and\nnonpublic schools.\n 23. The commissioner shall have primary responsibility for the\ndevelopment and implementation of integrated employment opportunities\nincluding short-term and intensive supported employment services and, as\nappropriate, long-term extended support services and shall coordinate\nwith the commissioner of social services, the commissioner of the office\nof mental health and the commissioner of the office for people with\ndevelopmental disabilities under an integrated employment implementation\nplan, pursuant to article twenty-one of this chapter.\n 24. Notwithstanding any inconsistent provision of this chapter, the\ncommissioner may, by regulation, provide for a system whereby schools,\nschool districts and municipalities submit required certifications\nelectronically or in any other media form which the commissioner\nreasonably determines offers the same degree of accountability and\ncontrol provided by paper certifications. The certifications described\nin this subdivision shall constitute written instruments, computer data\nor statements within the meaning of articles one hundred seventy, one\nhundred seventy-five and one hundred seventy-six of the penal law.\n 25. The commissioner shall conduct periodic fiscal audits of boards of\ncooperative educational services as defined in section nineteen hundred\nfifty of this chapter and, to the extent sufficient resources are\nprovided the department for such purpose, shall assure that each such\nboard of cooperative educational services is audited at least once every\nthree years.\n 26. The commissioner is authorized and directed to promulgate rules\nand regulations to require that any statement prepared to satisfy the\nprovisions of sections sixteen hundred eight, seventeen hundred sixteen\nand twenty-six hundred one-a of this chapter, any district-wide mailing\ndistributed which in whole or part related to such statement, and any\nreport prepared to satisfy the requirements of sections sixteen hundred\nten, seventeen hundred twenty-one and twenty-five hundred twenty-eight\nof this chapter, commencing in the nineteen hundred\nninety-seven--ninety-eight school year, be in plain language and that\ncategorization of and format for revenue including payments in lieu of\ntaxes, property tax refunds from certiorari proceedings, expenditure,\ntransfer, and fund balance information and changes in such data from the\nprior year and, in the case of a resubmitted or amended budget, changes\nin such information from the prior year's submitted budget, shall be\ncomplete and accurate and set forth in such a manner as to best promote\npublic comprehension and readability.\n 27. The commissioner shall promulgate regulations in consultation with\nthe New York state energy research and development authority concerning\nthe development and approval of energy performance contracts for school\ndistricts and boards of cooperative educational services in accordance\nwith subdivision eight of section 9-103 of the energy law.\n 28. On or before April first, two thousand, the commissioner shall\ndevelop and implement an automated board of cooperative educational\nservices state aid reporting system for the purpose of tracking and\nreporting state and local expenditures for aidable shared services\npursuant to subdivision five of section nineteen hundred fifty of this\nchapter. Such system shall track state and local expenditures in the\nmanner prescribed by the commissioner, provided that, at a minimum, such\nsystem shall report such expenditures by board of cooperative\neducational services, by type of cooperative service agreement (CO-SER)\nand by component school district. In addition, such system shall report\nexpenses and aid totals, as well as expenditures and aid per resident\nweighted average daily attendance.\n 29. The commissioner shall develop a program whereby any veteran of\nthe armed forces who served in world war II and who was unable, for any\nreason, to complete a secondary education, may be awarded a high school\ndiploma based on knowledge and experience gained while in service.\n 29-a. The commissioner shall develop a program whereby any veteran of\nthe armed forces who served in the Korean conflict and who was unable,\nfor any reason, to complete a secondary education, may be awarded a high\nschool diploma based on knowledge and experience gained while in\nservice.\n 29-b. The commissioner shall develop a program whereby any veteran of\nthe armed forces who served in the Vietnam war and who was unable, for\nany reason, to complete a secondary education, may be awarded a high\nschool diploma based on knowledge and experience gained while in\nservice.\n 29-c. The commissioner shall develop a program whereby any veteran of\nthe armed forces who has served on active duty in the United States\nArmed Forces, and who was unable, for any reason, to complete a\nsecondary education, may be awarded a high school diploma based on\nknowledge and experience gained while in service.\n 30. (a) The commissioner, in cooperation with the division of criminal\njustice services and in accordance with all applicable provisions of\nlaw, shall promulgate rules and regulations to require the\nfingerprinting of prospective employees, as defined in section eleven\nhundred twenty-five of this chapter, of school districts, charter\nschools and boards of cooperative educational services and authorizing\nthe fingerprinting of prospective employees of nonpublic and private\nelementary and secondary schools, and for the use of information derived\nfrom searches of the records of the division of criminal justice\nservices and the federal bureau of investigation based on the use of\nsuch fingerprints. The commissioner shall also develop a form for use by\nschool districts, charter schools, boards of cooperative educational\nservices, and nonpublic and private elementary and secondary schools in\nconnection with the submission of fingerprints that contains the\nspecific job title sought and any other information that may be relevant\nto consideration of the applicant. The commissioner shall also establish\na form for the recordation of allegations of child abuse in an\neducational setting, as required pursuant to section eleven hundred\ntwenty-six of this chapter. No person who has been fingerprinted\npursuant to section three thousand four-b of this chapter or pursuant to\nsection five hundred nine-cc or twelve hundred twenty-nine-d of the\nvehicle and traffic law and whose fingerprints remain on file with the\ndivision of criminal justice services shall be required to undergo\nfingerprinting for purposes of a new criminal history record check. This\nsubdivision and the rules and regulations promulgated pursuant thereto\nshall not apply to a school district within a city with a population of\none million or more.\n (b) The commissioner, in cooperation with the division of criminal\njustice services, shall promulgate a form to be provided to all such\nprospective employees of school districts, charter schools, boards of\ncooperative educational services, and nonpublic and private elementary\nand secondary schools that elect to fingerprint and seek clearance for\nprospective employees that shall:\n (i) inform the prospective employee that the commissioner is required\nor authorized to request his or her criminal history information from\nthe division of criminal justice services and the federal bureau of\ninvestigation and review such information pursuant to this section, and\nprovide a description of the manner in which his or her fingerprint\ncards will be used upon submission to the division of criminal justice\nservices;\n (ii) inform the prospective employee that he or she has the right to\nobtain, review and seek correction of his or her criminal history\ninformation pursuant to regulations and procedures established by the\ndivision of criminal justice services.\n (c) The prospective employer shall obtain the signed, informed consent\nof the prospective employee on such form supplied by the commissioner\nwhich indicates that such person has:\n (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n (ii) been informed of the reason for the request for his or her\ncriminal history information;\n (iii) consented to such request for a report;\n (iv) supplied on the form a current mailing or home address for the\nprospective employee;\n (v) been informed that he or she may withdraw his or her application\nfor employment pursuant to this section, without prejudice, at any time\nbefore employment is offered or declined, regardless of whether the\nprospective employee or employer has reviewed such prospective\nemployee's criminal history information;\n (vi) where the applicant is to be fingerprinted pursuant to section\nthree thousand thirty-five of this chapter, the process for seeking a\nwaiver of the fees associated with conducting a criminal history records\ncheck, pursuant to paragraph (b) of subdivision four of section three\nthousand thirty-five of this chapter,\n (vii) been informed that in the event his or her employment is\nterminated and such person has not become employed in the same or\nanother school district, charter school, board of cooperative\neducational services, or nonpublic or private elementary or secondary\nschool within twelve-months of such termination, the commissioner shall\nnotify the division of criminal justice services of such termination,\nand the division of criminal justice services shall destroy the\nfingerprints of such person. Such person may request that the\ncommissioner notify the division of criminal justice services that his\nor her fingerprints shall be destroyed prior to the expiration of such\ntwelve month period in which case the commissioner shall notify the\ndivision of criminal justice services and the division shall destroy the\nfingerprints of such person promptly upon receipt of the request; and\n (viii) been informed of the manner in which he or she may submit to\nthe commissioner any information that may be relevant to the\nconsideration of his or her application for clearance including, where\napplicable, information in regard to his or her good conduct and\nrehabilitation.\n (d) The commissioner shall develop forms to be provided to all school\ndistricts, charter schools, boards of cooperative educational services,\nand to all nonpublic and private elementary and secondary schools that\nelect to fingerprint their prospective employees, to be completed and\nsigned by prospective employees when conditional appointment or\nemergency conditional appointment is offered.\n (e) The commissioner may promulgate rules and regulations regarding\nthe conditional appointment and emergency conditional appointment of a\nprospective employee.\n * 31. The commissioner shall direct that each school district, charter\nschool, and private elementary and secondary school appoint a designated\neducational official for the purposes set forth in section 380.90 of the\ncriminal procedure law, subdivision seventeen of section 301.2 and\nsubdivision three of section 380.1 of the family court act. In addition,\nthe commissioner shall promulgate rules and regulations, in consultation\nwith the office of court administration, to facilitate electronic access\nby the courts to the names and addresses of such designated educational\nofficials.\n * NB There are 2 sub 31's\n * 31. The commissioner shall cooperate with the commissioner of\nagriculture and markets in establishing a farm-to-school program and\ncoordinating New York Harvest For New York Kids Week as described in\nsubdivision five-b of section sixteen of the agriculture and markets\nlaw. The commissioner's responsibilities shall include, but not be\nlimited to, compiling information for the department of agriculture and\nmarkets from school districts and other educational institutions under\nthe department's jurisdiction interested in purchasing New York farm\nproducts and disseminating to those districts and institutions\ninformation from the department of agriculture and markets about the\navailability of New York farm products, and contact information for\nfarmers and other businesses marketing such products. The commissioner\nshall report to the legislature about the need for changes in law to\nfacilitate the purchase of such products by schools and other\ninstitutions.\n * NB There are 2 sub 31's\n 34. The commissioner is hereby authorized and directed to apply school\nbus safety practices instruction and retraining requirements prescribed\npursuant to the provisions of section thirty-six hundred twenty-four of\nthis chapter to drivers who operate transportation which is owned,\nleased or contracted for by private and parochial schools to the same\nextent as such requirements shall apply to drivers who operate\ntransportation which is owned, leased or contracted for by public school\ndistricts. The chief school administrator of every private and parochial\nschool shall approve the employment of each driver for each school bus\noperated for such private or parochial school and shall ensure that each\nsuch driver shall meet the school bus safety practices instruction and\nretraining requirements prescribed pursuant to section thirty-six\nhundred twenty-four of this chapter. Nothing in this subdivision shall\nbe construed to apply such provisions to volunteer drivers who transport\npupils on other than a regularly established route on an occasional\nbasis.\n * 35. The commissioner shall develop guidelines by which school\ndistricts may establish a program to make available to parents or\npersons in parental relation of children attending schools in such\ndistricts, an internet based electronic communications system to provide\nfor the transmission of individual personalized messages or group\ncommunication over the internet, to communicate with the teachers of\nsuch children.\n * NB There are 2 sb 35's\n * 35. The commissioner shall, in cooperation with the commissioner of\nmental health, develop guidelines for voluntary implementation by school\ndistricts, that incorporate social and emotional development into\nelementary and secondary school educational programs as prescribed in\nparagraph (b) of subdivision one of section three of the children's\nmental health act of 2006.\n * NB There are 2 sb 35's\n 36. The commissioner shall ensure that by July first, two thousand\neight, a student progress report, written in plain English and in a form\nprescribed by the commissioner, is prepared for all students. Such\nprogress report shall provide parents or persons in parental relation\nwith information on their child's performance on state assessments over\nmultiple years of testing and shall also explain the process by which\nparents or persons in parental relation may inquire further about their\nchild's progress. All school districts and charter schools shall prepare\nand disseminate the student progress report to parents or persons in\nparental relation in a timely manner.\n 37. The commissioner shall develop methods to support educators in the\nuse of performance data to assist in student learning, which shall be\nperiodically improved based on feedback from educators.\n 38. The commissioner shall develop informational materials to assist\nparents or persons in parental relation and teachers in understanding\nthe regents learning standards and the results of state assessments.\n 39. The commissioner shall develop a school leadership report card and\na separate school progress report card to assist boards of education,\nthe state and the public in assessing the performance of school leaders,\nincluding superintendents of schools and building principals, and the\nschools that they lead. The report cards shall include an assessment of\nthe school's progress in achieving standards of excellence. By January\nfirst, two thousand nine, the commissioner shall develop such standards\nof excellence which shall include, but not be limited to, parent\ninvolvement, curriculum, teacher quality, and accountability measures as\nset forth in section two hundred eleven-a of this title. The\ncommissioner shall promulgate regulations requiring the trustees or\nboards of education of every common, union free, central, central high\nschool and city school district, and the chancellor of a city school\ndistrict in a city of one million or more inhabitants, to attach copies\nof such report cards to the statement of estimated expenditures pursuant\nto section sixteen hundred eight or seventeen hundred sixteen of this\nchapter, where applicable, and to otherwise make the report cards\npublicly available in the same manner as a school district report card.\n 40. The board of regents shall explore the development of a\nprekindergarten through postsecondary (P-16) data system that tracks\nstudent performance from prekindergarten through attendance at public\ncolleges in this state and links students to teachers or instructors.\nThe commissioner shall consult with other relevant state departments,\nagencies and instrumentalities of the state about the feasibility of\nlinking the system to other data collection systems containing\ninformation relevant to the education of children, including but not\nlimited to social services information; and to identify barriers to the\nexchange of data between the P-16 system and social services and other\nsystems under their control and collaborate to facilitate the free\nexchange of data. Such data system shall be maintained consistent with\napplicable confidentiality requirements, so as to prevent disclosures\nthat would constitute an unwarranted invasion of personal privacy. The\ncommissioner shall report to the board of regents on activities\nconducted pursuant to this subdivision.\n 41. The commissioner shall establish a program to evaluate various\nmethods used by schools to identify students receiving a free or reduced\nprice meal under programs authorized by the National School Lunch Act,\nas amended, or the Child Nutrition Act of 1966, as amended. The\ncommissioner shall identify methodologies and practices utilized by\nschools and school districts, within the state and nationally, to:\n a. simplify student access to meal programs; and\n b. identify students through an electronic payment system, or through\nother means, in order to eliminate the overt identification of students\nreceiving a free or reduced price meal.\nOn or before July first, two thousand nine, the commissioner shall\ndisseminate detailed information on the best practices utilized by such\nschools and school districts which simplify access and eliminate the\ndistinction between students receiving a free or reduced price meal and\nthose paying full price so as to more effectively operate the program.\nThe commissioner shall also submit a report containing such information\nto the legislature on or before such date.\n 42. a. The commissioner, in conjunction with the commissioner of\nhealth, shall promulgate and review as necessary rules and regulations\nrelating to pupils who suffer mild traumatic brain injuries, also\nreferred to as a "concussion," while receiving instruction or engaging\nin any school sponsored or related activity. In developing such rules\nand regulations, the commissioner shall consider comments from\nstakeholders and other interested parties including but not limited to\nparents, teachers, students, school administrators, school athletic\ntrainers, sport coaches, medical and health professionals, the public\nschools athletic league (PSAL), the New York state public high school\nathletic association (NYSPHSAA), and other athletic associations. Such\nregulations shall include, but not be limited to:\n (i) requiring a course of instruction relating to recognizing the\nsymptoms of mild traumatic brain injuries and monitoring and seeking\nproper medical treatment for pupils who suffer mild traumatic brain\ninjuries. Such course of instruction shall be required to be completed\non a biennial basis by all school coaches, physical education teachers,\nnurses and athletic trainers. The course of instruction required by this\nsubparagraph shall include, but not be limited to, the definition of a\n"concussion," signs and symptoms of mild traumatic brain injuries, how\nsuch injuries may occur, practices regarding prevention, and the\nguidelines for the return to school and to certain school activities\nafter a pupil has suffered a mild traumatic brain injury regardless of\nwhether such injury occurred outside of school. Such training may be\ncompleted by means of courses of instruction, including but not limited\nto, courses provided online and by teleconference approved by the\ndepartment;\n (ii) providing that the department and the department of health shall\npost on their internet websites information relating to mild traumatic\nbrain injuries, which shall include but not be limited to, the\ndefinition of a "concussion," signs and symptoms of mild traumatic brain\ninjuries, how such injuries may occur, and the guidelines for the return\nto school and to certain school activities after a pupil has suffered a\nmild traumatic brain injury regardless of whether such injury occurred\noutside of school. Schools shall be required to include such information\nin any permission form or parent or person in parental relation consent\nform or similar document that may be required for a pupil's\nparticipation in interscholastic sports and shall also include such\ninformation, or reference how to obtain such information from the\ndepartment and the department of health internet websites, on the\nschool's internet website, if one exists;\n (iii) requiring the immediate removal from athletic activities of any\npupil believed to have sustained or who has sustained a mild traumatic\nbrain injury. In the event that there is any doubt as to whether a pupil\nhas sustained a concussion, it shall be presumed that he or she has been\nso injured until proven otherwise. No such pupil shall resume athletic\nactivity until he or she shall have been symptom free for not less than\ntwenty-four hours, and has been evaluated by and received written and\nsigned authorization from a licensed physician. Such authorization shall\nbe kept on file in the pupil's permanent health record. Furthermore,\nsuch rules and regulations shall provide guidelines for limitations and\nrestrictions on school attendance and activities for pupils who have\nsustained mild traumatic brain injuries, consistent with the directives\nof the pupil's treating physician.\n (iv) authorizing each school or school district, in its discretion, to\nestablish a concussion management team which may be composed of the\nathletic director (if any), a school nurse, the school physician, a\ncoach of an interscholastic team, an athletic trainer or such other\nappropriate personnel as designated by the school or school district.\nThe concussion management team shall oversee the implementation of the\nrules and regulations promulgated pursuant to this subdivision as it\npertains to their associated school including the requirement that all\nschool coaches, physical education teachers, nurses and athletic\ntrainers that work with and provide instruction to pupils engaged in\nschool sponsored athletic activities complete training relating to mild\ntraumatic brain injuries. Furthermore, every concussion management team\nmay establish and implement a program which provides information on mild\ntraumatic brain injuries to parents and persons in parental relation\nthroughout each school year.\n b. The rules and regulations established pursuant to this subdivision\nshall be deemed to be the minimum standards that must be complied with\nby every public school and nonpublic school relating to mild traumatic\nbrain injuries. Nothing in this subdivision shall prohibit any public\nschool or nonpublic school from adopting and implementing more stringent\nstandards.\n 43. The commissioner shall make available, on the department internet\nwebsite, materials on problem gambling among school-age youth identified\nor developed by the office of alcoholism and substance abuse services in\nconsultation with the department, pursuant to subdivision (j) of section\n19.07 of the mental hygiene law.\n 44. The commissioner shall prohibit the administration of traditional\nstandardized tests, as defined in regulations issued by the\ncommissioner, in pre-kindergarten programs and in grades kindergarten\nthrough second grade; provided, however, that nothing herein shall\nprohibit assessments in which students perform real-world tasks that\ndemonstrate application of knowledge and skills or assessments that are\notherwise required to be administered by federal law.\n 45. The commissioner shall provide that no school district or board of\ncooperative educational services may place or include on a student's\nofficial transcript or maintain in a student's permanent record any\nindividual student score on a state administered standardized English\nlanguage arts or mathematics assessment for grades three through eight,\nprovided that nothing herein shall be construed to interfere with\nrequired state or federal reporting or to excuse a school district from\nmaintaining or transferring records of such test scores separately from\na student's permanent record, including for purposes of required state\nor federal reporting.\n 46. The commissioner shall provide that any test results on a state\nadministered standardized English language arts or mathematics\nassessment for grades three through eight sent to parents or persons in\nparental relation to a student include a clear and conspicuous notice\nthat such results will not be included on the student's official\ntranscript or in the student's permanent record and are being provided\nto the student and parents for diagnostic purposes.\n 47. The commissioner shall provide that no school district shall make\nany student promotion or placement decisions based solely or primarily\non student performance on the state administered standardized English\nlanguage arts and mathematics assessments for grades three through\neight. However, a school district may consider student performance on\nsuch state assessments provided that the school district uses multiple\nmeasures in addition to such assessments and that such assessments do\nnot constitute the major factor in such determinations. In addition, the\ncommissioner shall require every school district to annually notify the\nparents and persons in parental relation to the students attending such\ndistrict of the district's grade promotion and placement policy along\nwith an explanation of how such policy was developed. Such notification\nmay be provided on the school district's website, if one exists, or as\npart of an existing informational document that is provided to parents\nand persons in parental relation.\n * 48. The commissioner shall issue regulations:\n a. allowing students with disabilities who are not eligible for the\nNew York state alternate assessment and whose cognitive and intellectual\ndisabilities preclude their meaningful participation in chronological\ngrade level instruction to be assessed based on instructional level\nrather than chronological age;\n b. allowing English language learners to be assessed with a\nstate-administered assessment that measures the English language\ndevelopment of such students rather than the English language arts exam\nfor their first two years of enrollment; and\n c. ensuring accountability for the performance of such students in\nappropriate ways.\n * NB Effective upon and to the extent allowed by a federal waiver\nissued by the U.S. department of education\n 49. The commissioner shall promulgate such standards and regulations\nas may be necessary to ensure:\n a. that the amount of time devoted to state-administered required\nassessments developed by the state directly or by contract for each\ngrade does not exceed, in the aggregate, one percent of the minimum\nrequired annual instructional hours for such grade.\n b. that, for each school district, the amount of time devoted to\nstandardized assessments that are not specifically required by state or\nfederal law for each grade does not exceed, in the aggregate, one\npercent of the minimum required annual instructional hours for such\ngrade.\n c. that, for each school district, the amount of time devoted to test\npreparation under standardized testing conditions for each grade does\nnot exceed, in the aggregate, two percent of the minimum required annual\ninstructional hours for such grade.\n Time devoted to teacher administered classroom quizzes or exams,\nportfolio reviews, or performance assessments shall not be counted\ntowards the limits established by this subdivision. In addition, nothing\nin this subdivision shall be construed to supersede the requirements of\na section of the 504 plan of a qualified student with a disability or\nfederal law relating to English Language Learners or the individualized\neducation program of a student with disabilities.\n 50. The commissioner shall provide instructional tools and outreach\nmaterials for parents and families to assist parents and families in\nunderstanding the purposes, elements and instructional changes relating\nto implementation of next generation learning standards as well as how\nto best support their child's educational progress and outcomes. Such\ntools and outreach shall include, but not be limited to, online\nresources with linguistically and culturally appropriate materials,\ncommunity outreach, and the dissemination of materials through schools,\nnon-profit organizations, libraries, and other partners.\n 51. The commissioner shall, in order to assist school districts and\nboards of cooperative educational services in developing next generation\ntraining programs for teachers and principals, develop professional\ndevelopment tools, resources and materials that school districts, boards\nof cooperative educational services, teachers and principals may\nutilize. The commissioner may collaborate with the state university of\nNew York, the city university of New York, and independent colleges and\nuniversities to offer effective, data-informed professional development\nand coaching to meet the needs of implementing the next generation\nlearning standards. Such professional development and coaching shall\ninclude necessary materials, age appropriate instruction and resources\nthat provide best practices for the effective implementation of the next\ngeneration learning standards. Such support shall be available for the\npurpose of providing professional development for teachers and\nprincipals, as well as preparation programs for participating school\ndistricts, boards of cooperative educational services, charter schools\nand communities at large, and may include recommendations for how\nteachers and principals can collaborate on strategies, including but not\nlimited to study groups and coaching, to improve classroom practices.\nThe commissioner shall also identify regional examples of school\ndistricts that have successfully implemented the next generation\nlearning standards, where such examples exist, and shall invite such\ndistricts to serve on a voluntary basis as models that principals,\nteachers and other school professionals within the region may visit and\nobserve. In addition, the commissioner shall include opportunities for\nteachers and other content-area experts to provide feedback and\nrecommendations for the continuous improvement and development of\nvoluntary next generation curriculum modules offered by the department.\n 51-a. On or before June first, two thousand fifteen, and each year\nthereafter, the commissioner shall release the test questions, test\nanswers, and corresponding correct answers from each of the most\nrecently administered English language arts and mathematics examinations\nin grades three through eight of that year. The commissioner may limit\nthe number of questions and answers released only to the extent\nnecessary to avoid hindering or impairing the validity and/or\nreliability of future examinations and must provide enough of an\noverview of each examination so that teachers, administrators,\nprincipals, parents and students can be provided with sufficient\nfeedback on the types of questions administered and, by July first, two\nthousand fifteen, and each year thereafter, the commissioner shall\nrelease the general student success rate in answering such questions\ncorrectly.\n 52. a. The commissioner shall make recommendations to the board of\nregents relating to the adoption of instruction in cardiopulmonary\nresuscitation and the use of automated external defibrillators (AEDs) in\nsenior high schools.\n b. Prior to making the recommendations to the board of regents, the\ncommissioner shall:\n (i) seek the recommendations of teachers, school administrators,\nteacher educators and others with educational expertise in the proposed\ncurriculum;\n (ii) seek comment from parents, students and other interested parties;\n (iii) consider the amount of instructional time such curriculum will\nrequire and whether such time would detract from other mandated courses\nof study;\n (iv) consider the fiscal impact, if any, on the state and school\ndistricts; and\n (v) consider any additional factors the commissioner deems relevant.\n c. No later than one hundred eighty days after the effective date of\nthis subdivision, the commissioner shall provide a recommendation to the\nboard of regents to either adopt and promulgate appropriate rules and\nregulations implementing such curriculum or reject the implementation of\nsuch curriculum. Upon receiving a recommendation from the commissioner,\npursuant to this subdivision, the board of regents shall vote to either\naccept or reject the commissioner's recommendation no later than sixty\ndays after receiving such recommendation.\n d. If the board of regents adopts such curriculum, the curriculum\nrequirement shall take effect no later than the next school year after\nsuch curriculum has been adopted.\n e. If the board of regents rejects such curriculum, the commissioner\nshall provide a report as to the determination of the board to the\ngovernor, the temporary president of the senate, the speaker of the\nassembly and the chairs of the senate and assembly committees on\neducation providing the reasons for such rejection not later than thirty\ndays after the board of regents rejects such curriculum.\n 53. The commissioner is authorized and directed to establish a content\nreview committee for the purposes of reviewing all standardized test\nitems and/or selected passages used on English language arts and\nmathematics state assessments for grades three through eight to ensure:\n(a) they are grade level appropriate, in general; (b) they are presented\nat a readability level that is grade-level appropriate; (c) they are\nwithin grade-level expectations; and (d) they appropriately measure the\nlearning standards approved by the board of regents applicable to such\nsubject and/or grade level. The review of such items and passages shall\nbe conducted prior to their use in such assessments provided however,\nfor the two thousand fifteen--two thousand sixteen school year only, if\nsuch requirement would prevent the ability of such assessments to be\nadministered, then items or passages that have not been reviewed may be\nused. Provided further, the content review committee shall review any\nnew standardized test items and/or selected passages prior to their use\nin such assessments. Such committee shall also ensure that any new test\nitems and/or selected passages are fair and appropriately measure the\nlearning standards approved by the board of regents applicable to such\nsubject and/or grade level. Such committee shall also ensure that\nadequate and appropriate time is given to students for the\nadministration of such assessments, provided however that subdivision\nforty-nine of this section must be complied with. The content review\ncommittee shall include classroom teachers and experienced educators in\nthe content area and/or grade level of the items/passages being\nreviewed, including teachers of students with disabilities and English\nlanguage learners.\n 54. Notwithstanding any law, rule or regulation to the contrary, no\nteacher, principal, or superintendent shall be required to sign a\nconfidentiality agreement with their respective school district, board\nof cooperative educational services, or the department that prevents\nsuch teacher, principal, or superintendent from discussing the contents\nof any items on the English language arts and mathematics assessments in\ngrades three through eight after such items have been released by the\ndepartment pursuant to subdivision fifty-one-a of this section or after\nsuch items have been publicly disclosed by the department or other\nappropriate entity. The commissioner shall amend and/or modify any\ncurrent confidentiality agreement inconsistent with this subdivision and\nshall promulgate regulations consistent with this subdivision.\n 55. The commissioner, in collaboration with the commissioner of health\nand the commissioner of environmental conservation shall develop\ninstructional tools and materials for school districts and libraries to\nassist in the education and awareness program to protect children from\nlyme disease and tick-borne infections. Resources and materials shall be\nage-appropriate for school-age students and provide information on the\nidentification of ticks, recommended procedures for safe tick removal\nand best practices to provide protection from ticks. Such materials may\ninclude but not be limited to video productions, pamphlets, and\ndemonstration programs to illustrate the various sizes of ticks before\nand after it has engorged to assist with the identification of a tick\nand the reaction on the skin that may occur as a result of a tick bite.\nMaterials and instructional tools to advance and promote education\nawareness on tick identification and protection shall be made available\nto school districts and libraries upon request at no charge.\n * 56. The commissioner shall issue a guidance memorandum in\ncooperation with stakeholders and other interested parties, to every\nschool district and board of cooperative educational services to inform\nthem of the unique educational needs of students with dyslexia,\ndyscalculia and dysgraphia and to clarify that school districts may\nreference or use the terms dyslexia, dyscalculia, and dysgraphia in\nevaluations, eligibility determinations, or in developing an\nindividualized education program (IEP) under the Individuals with\nDisabilities Education Act (IDEA) pursuant to part 300 of title 34 of\nthe code of federal regulations, as such regulations may, from time to\ntime, be amended.\n * NB There are 4 sb 56's\n * 56. The commissioner, in consultation and cooperation with the\ncommissioner of agriculture and markets, may develop guidelines to\nencourage school districts and institutions of higher education to\ndonate excess, unused, edible food from meals served at such educational\nfacilities to local voluntary food assistance programs including, but\nnot limited to, community food pantries, soup kitchens, and other\ncommunity and not-for-profit organizations that distribute food to the\npoor and disadvantaged. Such guidelines developed concerning donated\nfood shall comply with all federal, state and local public health laws,\nrules and regulations that govern food safety and food donation.\n Such guidelines may include, but not be limited to:\n a. a procedure to provide information to school districts,\ninstitutions of higher education and local voluntary food assistance\nprograms of the provisions of such guidelines;\n b. notification to educational institutions of their ability to elect\nto donate excess, unused, edible food to local voluntary food assistance\nprograms; and\n c. information and technical assistance on how school districts and\ninstitutions of higher education may best donate excess food in a safe\nand sanitary manner.\n The commissioner shall coordinate the implementation of such\nguidelines with the farm-to-school program established pursuant to\nsubdivision five-b of section sixteen of the agriculture and markets\nlaw.\n * NB There are 4 sb 56's\n * 56. a. The commissioner shall consult and collaborate with the\ncommissioner of health and organizations that promote sepsis awareness,\nprevention and education, as well as other interested parties, to\nestablish and develop a sepsis awareness, prevention and education\nprogram within the department. Such program shall be defined by the\ncommissioner in regulations after consultation with the department of\nhealth and be designed to educate students, parents and school personnel\nabout sepsis awareness and prevention. Such program shall include, but\nnot be limited to:\n (i) age-appropriate model curriculum, exemplar lesson plans, and best\npractice instructional resources for students, parents and school\npersonnel designed to promote awareness and prevention methods against\nsepsis. Such model curriculum, lesson plans and instructional resources\nshall include but not be limited to guidelines and methods of\nprevention, including recommendations for the reduction of exposure to\nsepsis and an appropriate course of action for sepsis treatment;\n (ii) instructional tools and materials for students, parents and\nschool personnel developed in collaboration with the commissioner of\nhealth, which shall include updated data and information on sepsis\nawareness and prevention, with a review of such data and information to\noccur periodically, at intervals deemed appropriate by the commissioner\nand the commissioner of health; and\n (iii) public availability of all materials related to the sepsis\nawareness, prevention and education program on a dedicated webpage on\nthe department's internet website, and provided at no cost to every\nschool district, board of cooperative educational services, charter\nschool and nonpublic school upon request.\n b. The commissioner shall issue a guidance memorandum to every school\ndistrict, board of cooperative educational services, charter school and\nnonpublic school, to inform them of the availability of the sepsis\nawareness, prevention and education program and to encourage them to\ndevelop policies and procedures, in consultation with their director of\nschool health services, or the substantial equivalent as determined by\nthe commissioner in regulations, regarding when parents and persons in\nparental relations are to be notified of illness or injuries occurring\nin school which affects their child, in accordance with article nineteen\nof this chapter. The commissioner shall annually remind school\ndistricts, boards of cooperative educational services, charter schools\nand nonpublic schools, of the availability of sepsis awareness and\nprevention materials as part of sepsis awareness month.\n * NB There are 4 sb 56's\n * 56. The commissioner shall provide to the council on children and\nfamilies, in a format identified by the council, information regarding\nall recipients of grants awarded or administered by the department for\nthe purposes of providing afterschool programs, or extended learning\ntime, including but not limited to grants for such purposes awarded\nunder section thirty-six hundred forty-one of this chapter. For each\nprogram the program's name, the address at which the program is offered,\nand the phone number for the program will be provided to the council no\nless than once a year.\n * NB There are 4 sb 56's\n 58. a. No later than June first, two thousand nineteen, the\ncommissioner shall prepare and submit to the governor, the temporary\npresident of the senate and the speaker of the assembly a report that\nprovides an overview of teacher diversity throughout the state. Such\nreport shall:\n (i) study the potential barriers to: achieving diversity within\nteacher preparation programs; obtaining an initial certificate in the\nclassroom teaching service; and obtaining teacher certification as a\nteacher aide or teaching assistant;\n (ii) include available data on race, ethnicity, gender, and age; the\nefforts higher education institutions with teacher preparation programs\nare taking to recruit and retain a diverse student population into such\nprograms; and the efforts that the state and schools are taking to\nattract, hire, and retain certified teachers who reflect the diversity\nwithin New York state's schools; and\n (iii) make recommendations on programs, practices and policies that\nmay be implemented by schools and teacher preparation programs to\nimprove teacher diversity throughout the state.\n b. The commissioner shall consult with stakeholders and other\ninterested parties when preparing such report. The state university of\nNew York, the city university of New York, the commission on independent\ncolleges and universities, and the proprietary college sector with\nregistered teacher education programs in this state shall, to the extent\npracticable, identify and provide representatives to the department, at\nthe request of the commissioner, in order to participate in the\ndevelopment and drafting of such report.\n 59. The commissioner shall make available educational materials\ndeveloped pursuant to subdivision two of section three hundred seventy-c\nof the social services law to every school district, charter school,\nnonpublic school, approved preschool, approved preschool special\neducation program, approved private residential or non-residential\nschool for the education of students with disabilities, state-supported\nschool in accordance with article eighty-five of this chapter, and board\nof cooperative educational services for the purpose of educating\nparents, guardians and other authorized individuals responsible for the\nchild's care about adverse childhood experiences, the importance of\nprotective factors, and the availability of services for children at\nrisk for or experiencing adverse childhood experiences. The commissioner\nshall provide that such educational materials are made available online\npursuant to subdivision two of section three hundred seventy-c of the\nsocial services law.\n * 60. The commissioner, in consultation with institutions of higher\neducation, shall issue guidance for school districts and boards of\ncooperative educational services to use to develop grow your own\ninitiatives aimed at attracting underrepresented candidates into the\nteaching profession. Such guidance shall include but not be limited to:\n (a) ways to recruit underrepresented candidates, including those who\nare current teaching assistants and current students in teacher\npreparation programs;\n (b) initiatives aimed at creating an early recruitment pipeline\nbeginning in secondary school;\n (c) how to establish partnerships between school districts,\ncommunity-based organizations, and institutions of higher education to\nencourage and support underrepresented candidates to enter and remain in\nthe teaching profession; and\n (d) ways to identify existing funding sources available to school\ndistricts to attract and retain underrepresented candidates into the\nteaching profession.\n * NB There are 2 sb 60's\n * 60. The commissioner shall promulgate rules and regulations\nprohibiting a teacher, administrator, officer, employee or agent of any\nschool within the state from using corporal punishment.\n * NB There are 2 sb 60's\n 61. a. The commissioner shall require each school district to ensure\nverification of one of the following from the parent or guardian of each\nstudent or from the student if the student is eighteen years of age or\nolder or legally emancipated, during the school year in which the\nstudent is a senior enrolled in such school district: (1) completion of\neither the free application for federal student aid for such student or,\nif applicable, the Jose Peralta New York State DREAM Act application; or\n(2) completion of a waiver form promulgated by the department indicating\nthat the parent or guardian or, if the student is eighteen years of age\nor older or legally emancipated, the student understands what the free\napplication for federal student aid or, if applicable, the Jose Peralta\nNew York State DREAM Act application are and has chosen not to file an\napplication pursuant to the provisions of subparagraph one of this\nparagraph. For purposes of this subdivision, verification of completion\nof either the free application for federal student aid or the Jose\nPeralta New York State DREAM Act application shall not require a parent,\nguardian, or student to identify which type of application was\ncompleted.\n b. On and after July first, two thousand twenty-five, each school\ndistrict shall annually report to the department the following data for\nall seniors enrolled in such school district, aggregated by high school:\n(1) the total number of students that have completed either the free\napplication for federal student aid or, if applicable, the Jose Peralta\nNew York State DREAM Act application; (2) the number of students who\ncompleted a waiver pursuant to paragraph a of this subdivision; and (3)\nthe total number of seniors enrolled.\n c. The commissioner shall promulgate rules and regulations necessary\nto implement this subdivision, including requiring each school district\nto notify each high school senior, no less than two times during each\nschool year, of the state-sponsored scholarships, financial aid and\nassistance available to students attending college or post-secondary\neducation, and to provide referrals for support or assistance to\ncomplete the free application for federal student aid or, if applicable,\nthe Jose Peralta New York State DREAM Act application.\n d. A student shall not be penalized or punished if the student's\nparent or guardian or the student, if the student is eighteen years of\nage or older or legally emancipated, does not fulfill the requirements\nof this subdivision and this subdivision shall not affect a student's\nability to graduate.\n * 62. a. The commissioner shall promulgate rules and regulations to\nestablish uniform statewide protocols for diapering and toileting of\nstudents in public schools. Such protocols shall include but not be\nlimited to: requiring schools to provide students and staff with safe\nand accessible facilities for diapering and toileting; requiring schools\nto provide the proper equipment and supplies to maintain a safe and\nsanitary area for diapering and toileting; and defining basic procedures\nto promote a safe and healthy environment.\n b. For the purposes of this subdivision, "school" shall be deemed to\ninclude a school district, public school, board of cooperative\neducational services, special act school district as defined in section\nfour thousand one of this chapter, approved private residential or\nnon-residential school for the education of students with disabilities\nincluding private schools established under chapter eight hundred\nfifty-three of the laws of nineteen hundred seventy-six, and a\nstate-supported school in accordance with article eighty-five of this\nchapter.\n * NB Effective March 27, 2026\n