N.Y. EDN. LAW § 305 : NY Code - Section 305: General powers and duties

Search N.Y. EDN. LAW § 305 : NY Code - Section 305: General powers and duties

The commissioner of education is
  hereby charged with the following powers and duties:
    1. He is the chief executive officer of the state system of  education
  and  of  the  board of regents. He shall enforce all general and special
  laws relating to the educational system of the  state  and  execute  all
  educational policies determined upon by the board of regents.
    2. He shall have general supervision over all schools and institutions
  which  are  subject to the provisions of this chapter, or of any statute
  relating to education, and shall cause  the  same  to  be  examined  and
  inspected,  and  shall  advise  and  guide  the  school  officers of all
  districts and cities of the state in relation to their  duties  and  the
  general  management of the schools under their control. Additionally, he
  shall cause to be prepared and distributed to  school  officers  of  all
  districts, nonpublic schools and cities of the state timely notice as to
  alternate  sources of funding for specific programs or purposes such as,
  but not limited to, grants to be awarded on  the  basis  of  competitive
  proposals  by  state  or  federal  agencies  or from an approved private
  source. Such notice shall include information as to proposal  submission
  deadlines,  eligibility  standards  and  other  relevant  information to
  assist school officers in making application for such alternate  sources
  of  funding.  The  commissioner  shall  not  be  liable  for any damages
  resulting from failure to give notice under this subdivision.
    3. He shall have general  supervision  of  industrial  schools,  trade
  schools  and  schools  of agriculture, mechanic arts and home making; he
  shall prescribe regulations governing  the  licensing  of  the  teachers
  employed therein; and he is hereby authorized, empowered and directed to
  provide  for the inspection of such schools, to take necessary action to
  make effectual the provisions therefor, and to advise and assist  boards
  of  education  in  the  several  cities  and  school  districts  in  the
  establishment, organization and management of such schools.
    4. He shall also have general  supervision  over  the  state  teachers
  colleges  and  state colleges for teachers which have been, or which may
  hereafter be, established as required by the provisions of this chapter.
    5. He shall be ex officio a trustee of Cornell university.
    6. He shall be responsible for the safe keeping and proper use of  the
  department  and  university  seal  and  of  the books, records and other
  property in charge of the regents, and for the proper administration and
  discipline of the  various  officers  and  divisions  of  the  education
  department.
    7.  The  commissioner  may  annul  upon  cause  shown  to  his  or her
  satisfaction any certificate of qualification granted to  a  teacher  by
  any authority whatever or declare any diploma issued by a state teachers
  college  and  state  colleges  for  teachers  ineffective  and null as a
  qualification to teach a  public  school  within  this  state,  and  the
  commissioner  may  reconsider  and reverse his or her action in any such
  matter. In a proceeding brought pursuant to this subdivision on  charges
  against  a  certified teacher, the commissioner shall also be authorized
  to impose as a penalty:
    a. suspension of a teaching certificate or license:
    (1) wholly for a fixed period of time; or
    (2) partially, until the teacher successfully completes  a  course  of
  retraining in the area to which the suspension applies; or
    (3)  wholly,  until  the  teacher  successfully  completes a course of
  therapy or treatment;
    b.  limitation  of  the  scope  of  a  teaching  certificate   through
  revocation of an extension to teach additional subjects or grades;
    c. a fine not to exceed five thousand dollars; or

    d.  a  requirement  that  the  teacher  pursue  a course of continuing
  education or training.
    The  attorney general shall, at the request of the commissioner or the
  director of the division of the budget, bring an action in the  name  of
  the  people  of  the  state  of New York to enforce and collect any fine
  imposed pursuant to this subdivision. In any such action,  the  findings
  and  determination  of  the  hearing  officer or hearing panel or of the
  commissioner shall be admissible evidence and shall be conclusive  proof
  of  the  violation  and  the  penalty  assessed.  For  purposes  of this
  subdivision, the term "teacher" shall  mean  any  professional  educator
  holding  a teaching certificate or license, including but not limited to
  a  classroom  teacher,  teaching  assistant,  pupil  personnel  services
  professional,  school  administrator  or supervisor or superintendent of
  schools.
    7-a. a. In addition to the authority to revoke and annul a certificate
  of qualification of a  teacher  in  a  proceeding  brought  pursuant  to
  subdivision seven of this section, the commissioner shall be authorized,
  and  it shall be his or her duty, to revoke and annul in accordance with
  this subdivision the teaching certificate of a teacher  convicted  of  a
  sex  offense  for  which  registration  as  a  sex  offender is required
  pursuant to article six-C of the correction law.
    b. As used in this subdivision, the following  terms  shall  have  the
  following meanings:
    (1)  "conviction"  means  any  conviction whether by plea of guilty or
  nolo contendere or from a verdict after trial or otherwise;
    (2) "sex offense" means an offense set forth  in  subdivision  two  or
  three  of  section  one  hundred  sixty-eight-a  of  the correction law,
  including an  offense  committed  in  any  jurisdiction  for  which  the
  offender is required to register as a sex offender in New York;
    (3)  "teacher"  means  any  professional  educator  holding a teaching
  certificate as defined in subparagraph four of this paragraph, including
  but not limited  to  a  classroom  teacher,  teaching  assistant,  pupil
  personnel  services  professional, school administrator or supervisor or
  superintendent of schools; and
    (4) "teaching certificate" means the certificate or license  or  other
  certificate  of  qualification  granted  to  a  teacher by any authority
  whatsoever.
    c. Upon receipt of a certified  copy  of  a  criminal  history  record
  showing  that  a  teacher  has  been  convicted  of a sex offense or sex
  offenses or upon receipt of notice of such a conviction as  provided  in
  paragraph  d  of  this subdivision, the commissioner shall automatically
  revoke and annul the teaching certificate of such  teacher  without  the
  right to a hearing. The commissioner shall mail notice of the revocation
  and  annulment  pursuant  to  this subdivision by certified mail, return
  receipt requested, and by first-class mail directed to  the  teacher  at
  such  teacher's  last  known address and, if different, the last address
  filed by the  certificate  holder  with  the  commissioner  and  to  the
  teacher's  counsel  of  record in the criminal proceeding as reported in
  the notice pursuant to paragraph d  of  this  subdivision.  Such  notice
  shall  inform  the  teacher that his or her certificate has been revoked
  and annulled, identify the sex offense or  sex  offenses  of  which  the
  teacher  has  been convicted and shall set forth the procedure to follow
  if the teacher denies he or she is the person who has been so convicted.
  If such teacher notifies the commissioner in writing within  twenty-five
  days  after  the date of receipt of the notice that he or she is not the
  same person as the convicted offender identified in the criminal  record
  or  identified  pursuant  to  paragraph  d of this subdivision, provides
  proof to reasonably support such claim and the commissioner is satisfied

  the proof establishes such claim, the commissioner  shall,  within  five
  business  days  of  the  receipt  of  such proof, restore such teacher's
  teaching  certificate  retroactive  to  the  date  of   revocation   and
  annulment.
    d.  Upon  conviction  of  a  teacher  of a sex offense defined in this
  subdivision, the district attorney or other  prosecuting  authority  who
  obtained  such conviction shall provide notice of such conviction to the
  commissioner identifying the sex offense or sex offenses  of  which  the
  teacher  has  been  convicted, the name and address of such offender and
  other identifying information prescribed by the commissioner,  including
  the  offender's  date of birth and social security number, to the extent
  consistent with federal and state laws governing  personal  privacy  and
  confidentiality  of information. Such notice shall also include the name
  and business address of the offender's counsel of record in the criminal
  proceeding.
    e. Upon receipt of proof  that  the  conviction  or  convictions  that
  formed  the basis for revocation and annulment of the teacher's teaching
  certificate pursuant to this subdivision have been set aside upon appeal
  or otherwise reversed, vacated or annulled, the  commissioner  shall  be
  required  to conduct a due process hearing pursuant to subdivision seven
  of this section and part eighty-three of title eight  of  the  New  York
  codes,  rules  and  regulations  prior  to  making a determination as to
  whether to reinstate the teacher's original teaching  certificate.  Such
  determination shall be made within ninety days after such proof has been
  received.
    f.  Except  as  provided  in  paragraph  g  of  this  subdivision, and
  notwithstanding any other provision of law to the  contrary,  a  teacher
  shall  be  reinstated  to  his or her position of employment in a public
  school, with full back pay  and  benefits  from  the  date  his  or  her
  certificate  was  revoked or annulled to the date of such reinstatement,
  under the following circumstances:
    (i) The termination of employment was based solely on  the  conviction
  of  a sex offense, or the revocation or annulment of a certificate based
  on such conviction, and such conviction has been set aside on appeal  or
  otherwise  reversed,  vacated  or  annulled  and  the  commissioner  has
  reinstated the teacher's certification pursuant to paragraph e  of  this
  subdivision; or
    (ii)  The termination of employment was based solely on the conviction
  of a sex offense and it has been determined that the teacher is not  the
  same person as the convicted offender.
    g.  If  a  teacher's  employment  was  terminated  as  a  result  of a
  disciplinary proceeding conducted pursuant  to  section  three  thousand
  twenty-a  of  this  chapter  or  other  disciplinary  hearing  conducted
  pursuant to any collective bargaining or contractual agreement on one or
  more grounds other than conviction of a sex offense, or  the  revocation
  or  annulment of a certificate based on such conviction, then nothing in
  paragraph f of this subdivision  shall  require  a  school  district  to
  reinstate  employment  of  such  teacher  or  be  liable for back pay or
  benefits.
    h. No provision of this  article  shall  be  deemed  to  preclude  the
  following:  (i)  the  commissioner from conducting a due process hearing
  pursuant to subdivision seven of this section and part  eighty-three  of
  title  eight  of  the  New  York codes, rules and regulations; or (ii) a
  school  district  or  employing  board  from  bringing  a   disciplinary
  proceeding  pursuant to section three thousand twenty-a of this chapter;
  or  (iii)  a  school  district  or  employing  board  from  bringing  an
  alternative  disciplinary  proceeding conducted pursuant to a collective
  bargaining or contractual agreement.

    i. The commissioner shall be authorized to promulgate any  regulations
  necessary to implement the provisions of this subdivision.
    7-b. a. In addition to the authority to revoke and annul a certificate
  of  qualification  of  a  teacher  in  a  proceeding brought pursuant to
  subdivisions seven and seven-a of this section, the  commissioner  shall
  be  authorized,  and it shall be his or her duty, to revoke and annul in
  accordance  with  this  subdivision  the   certificate   of   a   school
  administrator  or  supervisor  convicted  of  an  offense  listed  under
  subparagraph two of paragraph b of this subdivision.
    b. As used in this subdivision, the following  terms  shall  have  the
  following meanings:
    (1)  "conviction"  means  any  conviction whether by plea of guilty or
  nolo contendere or from a verdict after trial or otherwise;
    (2) "offense" means defrauding the government as  defined  in  section
  195.20  of the penal law, and any such offense in any other jurisdiction
  which includes all of the elements  of  such  felony  and  for  which  a
  sentence  to a term of imprisonment in excess of one year was authorized
  and is authorized in such state, irrespective of whether  such  sentence
  was imposed;
    (3) "school administrator or supervisor" means any professional school
  district  administrator,  school  administrator or supervisor, or school
  business administrator holding a certificate as defined in  subparagraph
  four of this paragraph; and
    (4)   "certificate"   means   the  certificate  or  license  or  other
  certificate of qualification granted to qualify an individual  to  serve
  as a school administrator or supervisor by any authority whatsoever.
    c.  Upon  receipt  of  a  certified  copy of a criminal history record
  showing that a school administrator or supervisor has been convicted  of
  an  offense  as  defined  in  subparagraph  two  of  paragraph b of this
  subdivision or upon receipt of notice of such a conviction  as  provided
  in paragraph d of this subdivision, the commissioner shall automatically
  revoke  and  annul  the  certificate  of  such  school  administrator or
  supervisor without the right to a hearing. The commissioner  shall  mail
  notice of the revocation pursuant to this subdivision by certified mail,
  return receipt requested, and by first-class mail directed to the school
  administrator's  or  supervisor's  last known address and, if different,
  the last address filed by the certificate holder with  the  commissioner
  and  to  the school administrator's or supervisor's counsel of record in
  the criminal proceeding as reported in the notice pursuant to  paragraph
  d of this subdivision. Such notice shall inform the school administrator
  or supervisor that his or her certificate has been revoked and annulled,
  identify the offense of which the school administrator or supervisor has
  been convicted and shall set forth the procedure to follow if the school
  administrator  or supervisor denies he or she is the person who has been
  so convicted. If such school administrator or  supervisor  notifies  the
  commissioner  in  writing  within  twenty-five  days  after  the date of
  receipt of the notice that he or she is  not  the  same  person  as  the
  convicted  offender  identified  in  the  criminal record, or identified
  pursuant  to  paragraph  d  of  this  subdivision,  provides  proof   to
  reasonably  support  such  claim  and  the commissioner is satisfied the
  proof establishes  such  claim,  the  commissioner  shall,  within  five
  business  days  of  the  receipt  of  such  proof,  restore  such school
  administrator's or supervisor's teaching certificate retroactive to  the
  date of revocation and annulment.
    d.  Upon  conviction  of  a  school  administrator or supervisor of an
  offense defined in subparagraph two of paragraph b of this  subdivision,
  the  district  attorney or other prosecuting authority who obtained such
  conviction shall provide notice of such conviction to  the  commissioner

  identifying  the offense of which the school administrator or supervisor
  has been convicted, the name and address  of  such  offender  and  other
  identifying  information  prescribed  by the commissioner, including the
  offender's  date  of  birth  and  social  security number, to the extent
  consistent with federal and state laws governing  personal  privacy  and
  confidentiality   of   information.  Such  district  attorney  or  other
  prosecuting authority shall include in such notice the name and business
  address of the offender's counsel of record in the criminal proceeding.
    e. Upon receipt of proof  that  the  conviction  or  convictions  that
  formed   the   basis   for   revocation  and  annulment  of  the  school
  administrator's or supervisor's certificate pursuant to this subdivision
  have been set aside  upon  appeal  or  otherwise  reversed,  vacated  or
  annulled,  the  commissioner  shall be required to conduct a due process
  hearing  pursuant  to  subdivision  seven  of  this  section  and   part
  eighty-three of title eight of the New York codes, rules and regulations
  prior  to  making  a determination as to whether to reinstate the school
  administrator's or supervisor's original certificate. Such determination
  shall be made within ninety days after such proof has been received.
    f. Except  as  provided  in  paragraph  g  of  this  subdivision,  and
  notwithstanding  any  other  provision  of law to the contrary, a school
  administrator or supervisor shall be reinstated to his or  her  position
  of  employment  in  a public school or public school district, with full
  back pay and benefits from the date his or her certificate  was  revoked
  or  annulled  to  the  date  of  such reinstatement, under the following
  circumstances:
    (1) The termination of employment was based solely on  the  conviction
  of  an  offense  defined  in  subparagraph  two  of  paragraph b of this
  subdivision, or the revocation or annulment of a  certificate  based  on
  such  conviction,  and  such  conviction has been set aside on appeal or
  otherwise  reversed,  vacated  or  annulled  and  the  commissioner  has
  reinstated  the  school  administrator's  or  supervisor's certification
  pursuant to paragraph e of this subdivision; or
    (2) The termination of employment was based solely on  the  conviction
  of  an  offense  defined  in  subparagraph  two  of  paragraph b of this
  subdivision and it has been determined that the school administrator  or
  supervisor is not the same person as the convicted offender.
    g.   If  a  school  administrator's  or  supervisor's  employment  was
  terminated as a result of a disciplinary proceeding  conducted  pursuant
  to section three thousand twenty-a of this chapter or other disciplinary
  hearing  conducted  pursuant to any collective bargaining or contractual
  agreement on one or more grounds other than  conviction  of  an  offense
  defined  in  subparagraph two of paragraph b of this subdivision, or the
  revocation or annulment of a certificate based on such conviction,  then
  nothing  in  paragraph  f  of  this  subdivision  shall require a school
  district to reinstate the employment of  such  school  administrator  or
  supervisor or be liable for back pay or benefits.
    h.  No  provision  of  this  article  shall  be deemed to preclude the
  following: (1) the commissioner from conducting a  due  process  hearing
  pursuant  to  subdivision seven of this section and part eighty-three of
  title eight of the New York codes,  rules  and  regulations;  or  (2)  a
  school   district  or  employing  board  from  bringing  a  disciplinary
  proceeding pursuant to section three thousand twenty-a of this  chapter;
  or (3) a school district or employing board from bringing an alternative
  disciplinary proceeding conducted pursuant to a collective bargaining or
  contractual agreement.
    i.  The commissioner shall be authorized to promulgate any regulations
  necessary to implement the provisions of this subdivision.

    8. He shall cause to be prepared and keep in his office records of all
  persons  who  have  received,  or   shall   receive,   certificates   of
  qualification  to  teach or diplomas of the state teachers colleges, and
  state colleges for teachers, with the  dates  thereof,  and  shall  note
  thereon  all annulments of such certificates and diplomas, and reversals
  thereof, with the dates and causes thereof,  together  with  such  other
  particulars as he may deem expedient.
    9.  The  commissioner  shall  procure  with the consent of the federal
  authorities complete lists giving the names, ages and destination within
  the state of all alien children of school age and such  other  facts  as
  will  tend  to  identify them, and shall deliver copies of such lists to
  the several boards of education and  school  boards  in  the  respective
  localities within the state to which said children shall be destined, to
  aid in the enforcement of the provisions of this chapter relative to the
  compulsory attendance at school of children of school age.
    10.  He may administer oaths and take affidavits concerning any matter
  relating to the duties of his office or pertaining in  any  way  to  the
  schools of the state or any part thereof.
    11.  He  is  hereby  authorized  to  furnish, by means of pictorial or
  graphic  representations,  additional  facilities  for  instruction   in
  geography,  history,  science  and  kindred  subjects,  to  the schools,
  institutions and organizations under the  supervision  of  the  regents.
  Material  collected  for this purpose may, under regents' general rules,
  be lent for a limited time to responsible institutions and organizations
  for the benefit of artisans, mechanics and other citizens of the several
  communities of the state. He may from time to time enter into  contracts
  necessary for carrying out this provision.
    12.  The  commissioner  of  education  is  authorized  and directed to
  establish and provide for the maintenance  and  conduct  of  courses  of
  study  or  training  in  state  teachers colleges and state colleges for
  teachers  and  in  colleges  and  universities  and  other   educational
  institutions  and  in connection with other educational agencies for the
  purpose of training teachers in principles and methods  of  instruction,
  and  to  give  them  knowledge  to fit them to instruct foreign born and
  native  adults  and  minors  over  sixteen  years  of  age  in  evening,
  extension,  factory,  home  and community classes. Such courses of study
  shall be prescribed by the commissioner of education and shall  continue
  for  a period of not less than one year. No teacher employed to instruct
  foreign born and native adults and minors  over  sixteen  years  of  age
  shall be employed by the state or compensated in whole or in part by the
  state,  unless  he shall have completed such course of study or training
  or  shall  have  an  equivalent  thereof  to  be  determined  under  the
  regulations  of  the  commissioner  of  education. A special certificate
  shall be issued to teachers who have completed such course of study or a
  course of instruction which is equivalent  thereto,  provided,  however,
  that temporary permits may be issued by the commissioner of education to
  teachers  who  are  qualified  to  give  such  instruction  pending  the
  completion of such a course of study or training.
    12-a. The commissioner shall evaluate the effectiveness of all teacher
  preparation programs in the  state,  and  the  timelines  and  costs  of
  developing or modifying data systems to collect the necessary data. Such
  study  shall consider measuring the effectiveness of such programs based
  on the academic performance of their students and graduates and  through
  other  measures.  The commissioner shall consult with the chancellors of
  the state university of New York and the city university  of  New  York,
  and  other  representatives  of  institutions  of higher education. Upon
  completion of such study, the commissioner shall make recommendations to
  the board of regents on implementation of such methodologies.

    13. The commissioner  of  education  or  the  board  of  education  or
  trustees   of   any   city  or  school  district  may  provide  for  the
  establishment  of  courses  of  instruction  or  study  and  schools  in
  connection with factories, places of employment, or in such other places
  as  he or they may deem advisable, for the purpose of giving instruction
  to foreign-born and native adults and minors over  the  age  of  sixteen
  years.  Such course of instruction or study shall include instruction in
  English,  history,  civics  and  other  subjects tending to promote good
  citizenship and  to  increase  vocational  efficiency.  Such  course  of
  instruction  and  study  shall  be  prescribed  by  the  regents  of the
  university of the state of New York, and shall  be  in  conformity  with
  rules to be adopted by them.
    14.  * a. All contracts for the transportation of school children, all
  contracts to maintain school buses owned or leased by a school  district
  that  are  used for the transportation of school children, all contracts
  for mobile instructional units, and all contracts to  provide,  maintain
  and  operate  cafeteria  or restaurant service by a private food service
  management company shall be subject to the approval of the commissioner,
  who may disapprove a proposed contract if,  in  his  opinion,  the  best
  interests  of  the district will be promoted thereby. Except as provided
  in paragraph e of this subdivision,  all  such  contracts  involving  an
  annual  expenditure  in  excess  of  the  amount  specified for purchase
  contracts in the bidding requirements of the general municipal law shall
  be awarded to the lowest responsible bidder, which responsibility  shall
  be  determined  by  the board of education or the trustee of a district,
  with power hereby vested in the commissioner to reject any or  all  bids
  if,  in his opinion, the best interests of the district will be promoted
  thereby and, upon such rejection of all  bids,  the  commissioner  shall
  order  the board of education or trustee of the district to seek, obtain
  and consider new  proposals.  All  proposals  for  such  transportation,
  maintenance,  mobile  instructional  units,  or cafeteria and restaurant
  service shall be  in  such  form  as  the  commissioner  may  prescribe.
  Advertisement  for  bids shall be published in a newspaper or newspapers
  designated by the board of education or trustee of the  district  having
  general   circulation   within  the  district  for  such  purpose.  Such
  advertisement shall contain a statement of the time when and place where
  all bids received pursuant to such advertisement will be publicly opened
  and read either by the school authorities or  by  a  person  or  persons
  designated  by them. All bids received shall be publicly opened and read
  at the time and place so specified. At  least  five  days  shall  elapse
  between  the  first  publication  of  such advertisement and the date so
  specified for the opening and  reading  of  bids.  The  requirement  for
  competitive  bidding  shall  not apply to an award of a contract for the
  transportation of pupils or a contract for mobile  instructional  units,
  if  such  award  is based on an evaluation of proposals in response to a
  request for proposals pursuant to paragraph e of this  subdivision.  The
  requirement for competitive bidding shall not apply to annual, biennial,
  or  triennial  extensions  of  a  contract nor shall the requirement for
  competitive bidding apply to quadrennial or quinquennial year extensions
  of a contract involving transportation of pupils, maintenance of  school
  buses  or  mobile instructional units secured either through competitive
  bidding or through evaluation of proposals in response to a request  for
  proposals  pursuant  to  paragraph  e  of  this  subdivision,  when such
  extensions (1) are made by the board of education or the  trustee  of  a
  district,  under  rules  and regulations prescribed by the commissioner,
  and, (2) do not extend the original contract period  beyond  five  years
  from  the date cafeteria and restaurant service commenced thereunder and
  in the case of contracts for  the  transportation  of  pupils,  for  the

  maintenance of school buses or for mobile instructional units, that such
  contracts  may  be  extended,  except that power is hereby vested in the
  commissioner, in addition to his existing statutory authority to approve
  or disapprove transportation or maintenance contracts, (i) to reject any
  extension of a contract beyond the initial term thereof if he finds that
  amount  to be paid by the district to the contractor in any year of such
  proposed extension  fails  to  reflect  any  decrease  in  the  regional
  consumer  price  index for the N.Y., N.Y.-Northeastern, N.J. area, based
  upon the index for all urban  consumers  (CPI-U)  during  the  preceding
  twelve  month  period;  and  (ii)  to reject any extension of a contract
  after ten years from the  date  transportation  or  maintenance  service
  commenced thereunder, or mobile instructional units were first provided,
  if  in  his opinion, the best interests of the district will be promoted
  thereby. Upon such rejection of any proposed extension, the commissioner
  may order the board of education or trustee of  the  district  to  seek,
  obtain and consider bids pursuant to the provisions of this section. The
  board  of  education  or  the  trustee  of a school district electing to
  extend a contract as provided herein, may, in its  discretion,  increase
  the  amount  to  be  paid  in  each year of the contract extension by an
  amount not to exceed the regional consumer price index increase for  the
  N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the index for all urban
  consumers (CPI-U), during the preceding twelve month period, provided it
  has been satisfactorily established by the  contractor  that  there  has
  been  at  least  an  equivalent  increase  in  the amount of his cost of
  operation, during the period of the contract.
    * NB Effective until June 30, 2012
    * a. All contracts for the  transportation  of  school  children,  all
  contracts  to maintain school buses owned or leased by a school district
  that are used for the transportation of school children,  all  contracts
  for  mobile  instructional units, and all contracts to provide, maintain
  and operate cafeteria or restaurant service by a  private  food  service
  management company shall be subject to the approval of the commissioner,
  who  may  disapprove  a  proposed  contract if, in his opinion, the best
  interests of the district will be promoted thereby. All  such  contracts
  involving  an  annual  expenditure in excess of the amount specified for
  purchase contracts in the bidding requirements of the general  municipal
  law   shall   be   awarded  to  the  lowest  responsible  bidder,  which
  responsibility shall be determined by the  board  of  education  or  the
  trustee  of  a district, with power hereby vested in the commissioner to
  reject any or all bids if, in his opinion, the  best  interests  of  the
  district  will be promoted thereby and, upon such rejection of all bids,
  the commissioner shall order the board of education or  trustee  of  the
  district  to  seek, obtain and consider new proposals. All proposals for
  such  transportation,  maintenance,  mobile  instructional   units,   or
  cafeteria   and  restaurant  service  shall  be  in  such  form  as  the
  commissioner may prescribe. Advertisement for bids shall be published in
  a newspaper or newspapers  designated  by  the  board  of  education  or
  trustee  of  the district having general circulation within the district
  for such purpose. Such advertisement shall contain a  statement  of  the
  time   when   and  place  where  all  bids  received  pursuant  to  such
  advertisement will be publicly opened and  read  either  by  the  school
  authorities  or  by  a  person  or  persons designated by them. All bids
  received shall be publicly opened and read at  the  time  and  place  so
  specified. At least five days shall elapse between the first publication
  of  such  advertisement  and  the  date so specified for the opening and
  reading of bids. The requirement for competitive bidding shall not apply
  to annual, biennial, or triennial extensions of a contract nor shall the
  requirement for competitive bidding apply to quadrennial or quinquennial

  year extensions  of  a  contract  involving  transportation  of  pupils,
  maintenance  of  school  buses  or  mobile  instructional  units secured
  through competitive bidding when such extensions (1)  are  made  by  the
  board  of  education  or  the  trustee  of  a  district, under rules and
  regulations prescribed by the commissioner, and, (2) do not  extend  the
  original  contract  period beyond five years from the date cafeteria and
  restaurant service commenced thereunder and in the case of contracts for
  the transportation of pupils, for the maintenance of school buses or for
  mobile instructional units, that such contracts may be extended,  except
  that  power  is  hereby  vested  in the commissioner, in addition to his
  existing statutory authority to approve or disapprove transportation  or
  maintenance  contracts, (i) to reject any extension of a contract beyond
  the initial term thereof if he finds that  amount  to  be  paid  by  the
  district  to the contractor in any year of such proposed extension fails
  to reflect any decrease in the regional consumer  price  index  for  the
  N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the index for all urban
  consumers (CPI-U) during the preceding twelve month period; and (ii)  to
  reject  any  extension  of  a  contract  after  ten  years from the date
  transportation or maintenance service commenced  thereunder,  or  mobile
  instructional  units  were  first  provided, if in his opinion, the best
  interests of the district will be promoted thereby. Upon such  rejection
  of  any  proposed  extension,  the  commissioner  may order the board of
  education or trustee of the district to seek, obtain and  consider  bids
  pursuant  to  the  provisions of this section. The board of education or
  the trustee of a school  district  electing  to  extend  a  contract  as
  provided  herein, may, in its discretion, increase the amount to be paid
  in each year of the contract extension by an amount not  to  exceed  the
  regional  consumer price index increase for the N.Y., N.Y.-Northeastern,
  N.J. area, based upon the index for all urban consumers (CPI-U),  during
  the  preceding  twelve month period, provided it has been satisfactorily
  established by the contractor that there has been at least an equivalent
  increase in the amount of his cost of operation, during  the  period  of
  the contract.
    * NB Effective June 30, 2012
    b.  Notwithstanding the provisions of paragraph a of this subdivision,
  in the case of any  emergency  arising  out  of  an  accident  or  other
  unforeseen   occurrence  or  condition  affecting  pupil  transportation
  services within a district, and requiring immediate action which  cannot
  await  competitive  bidding,  interim contracts for pupil transportation
  services may be let by the board of education or  the  trustee  of  such
  district  for  a  period not to exceed one month, pending the award of a
  contract  for  such  services  in  compliance  with  the  provisions  of
  paragraph a of this subdivision.
    c.  Each  board  of  education,  or the trustees, of a school district
  which elected or elects to  extend  one  or  more  pupil  transportation
  contracts  may  extend a contract in an amount which is in excess of the
  maximum increase allowed by use of the CPI referenced in paragraph a  of
  this  subdivision.  Such excess amount shall not be greater than the sum
  of the following: (i) the sum of the actual cost of qualifying  criminal
  history  and  driver  licensing  testing  fees  attributable  to special
  requirements for drivers of school buses pursuant to  articles  nineteen
  and  nineteen-A  of  the vehicle and traffic law plus the actual cost of
  any diagnostic tests and physical performance tests that are  deemed  to
  be  necessary  by  an examining physician or the chief school officer to
  determine whether an applicant to drive a school bus under the terms  of
  the  contract  has  the  physical and mental ability to operate a school
  transportation  conveyance  and  to  satisfactorily  perform  the  other
  responsibilities  of  a school bus driver pursuant to regulations of the

  commissioner; (ii) in a school district located in a city with at  least
  one million inhabitants, the actual cost of clean air technology filters
  and  Global  Positioning  System  (GPS)  technology;  (iii)  in a school
  district  located  in a city with at least one million inhabitants, with
  respects only to any extension beginning in  fiscal  year  two  thousand
  five--two  thousand  six, the sum of the actual cost of providing school
  bus attendants including the actual  cost  of  criminal  history  record
  checks  for school bus attendant applicants and training and instruction
  for  school  bus  attendants  pursuant   to   section   twelve   hundred
  twenty-nine-d  of the vehicle and traffic law plus up to five percent of
  such cost for necessary administrative services;  and  (iv)  the  actual
  cost  of equipment or vehicle modification, or training required, by any
  state or local legislation or regulation promulgated or effective on  or
  after June first, two thousand five. Such costs shall be approved by the
  commissioner  upon  documentation  provided  by  the school district and
  contractor as required by the commissioner.
    * d. Notwithstanding the provisions of paragraphs a, b and c  of  this
  subdivision,  the  board of education or the trustee of a district and a
  contractor providing pupil transportation services to such district  may
  amend  a  contract for pupil transportation services upon a finding that
  such amendment is necessary to comply with any federal, state  or  local
  law, rule or regulation imposed after the execution of such contract, or
  to  enhance  the  safety  of  pupil transportation, as determined by the
  board or trustee subject to the approval of the commissioner pursuant to
  regulations which  shall  require  demonstrable  enhancements  in  pupil
  safety  and/or  increased  savings  consistent  with  maintaining  pupil
  safety. Such amendment shall cause no  additional  cost  to  the  state,
  locality  or school district. The commissioner shall not approve such an
  amendment if the commissioner finds that it circumvents the  competitive
  bidding  requirements  contained  in paragraph a of this subdivision, or
  otherwise violates this section or any other provision of law, or  fails
  to increase or maintain the safety of pupil transportation.
    * NB Repealed January 1, 2011
    * e.  Notwithstanding  the provisions of any general, special or local
  law or charter, a board  of  education  or  a  trustee  of  a  district,
  pursuant  to  rules and regulations promulgated by the commissioner, may
  award a contract for the transportation of  pupils  or  a  contract  for
  mobile  instructional units involving an annual expenditure in excess of
  the amount specified for purchase contracts in the bidding  requirements
  of  the  general  municipal  law  in  compliance  with the provisions of
  paragraph a of this  subdivision  or  subsequent  to  an  evaluation  of
  proposals  submitted  in response to a request for proposals prepared by
  or  for  the  board  of  education  or  trustee  of  a   district.   The
  commissioner, in addition to his existing statutory authority to approve
  or  disapprove  transportation  contracts,  may  reject  any  award of a
  transportation contract or a contract  for  mobile  instructional  units
  that  is  based on an evaluation of proposals submitted in response to a
  request for proposals if he finds that (1) the  contractor  is  not  the
  most  responsive  to  the  request  for  proposals, or (2) that the best
  interests of the district will be promoted thereby.
    * NB Repealed June 30, 2012
    * f. When a board of education or  a  trustee  of  a  school  district
  elects  to  receive  proposals  submitted  in  response to a request for
  proposals, such board  of  education  or  trustee  shall  evaluate  each
  proposal  from a responding contractor according to criteria established
  by the commissioner. For evaluation of proposals  related  to  contracts
  for  pupil  transportation  services,  such  criteria shall include at a
  minimum (i) the previous experience of the  contractor  in  transporting

  pupils,  (ii) the name of each transportation company the contractor has
  been an owner or a manager and previous experience, (iii) a  description
  of  any  safety programs implemented by the contractor, (iv) a record of
  accidents  in  motor  vehicles  under the control of the contractor, (v)
  driving history of employees of the contractor, (vi) inspection  records
  and  model  year  of  the  motor  vehicles  under  the  control  of  the
  contractor, (vii) maintenance schedule of the motor vehicles  under  the
  control  of the contractor, (viii) financial analysis of the contractor,
  and (ix) compliance  with  insurance  requirements.  For  evaluation  of
  proposals  related  to  contracts  for  mobile instructional units, such
  criteria shall include at a minimum (1) the previous experience  of  the
  contractor  in  providing  mobile  instructional units for use by public
  school districts,  (2)  the  name  of  each  transportation  company  or
  manufacturer in which the contractor or any of the contractor's officers
  has  been an owner or a manager or has had a controlling interest, (3) a
  description of any vehicle  safety  standards  included  in  the  design
  standards  for  the  mobile instructional units under the control of the
  contractor that  exceed  applicable  standards  defined  in  statute  or
  regulations,  (4)  inspection  records  and  model  year  of  the mobile
  instructional units under the control of the contractor, (5) maintenance
  schedule of the mobile instructional units  under  the  control  of  the
  contractor,  (6) financial analysis of the contractor and (7) compliance
  with insurance requirements.
    * NB Repealed June 30, 2012
    15. The  extension  industrial  teacher  training  courses  heretofore
  established  are  continued  under  the  jurisdiction and control of the
  education department. Members of the faculty to teach such courses shall
  be appointed by the  commissioner  of  education  and,  subject  to  the
  approval  of  the director of the budget, shall be classified, allocated
  and paid in accordance with the schedules  contained  in  section  three
  hundred fifty-five-a of this chapter.
    16.  The  commissioner shall cooperate with the commissioner of health
  to facilitate  the  timely  establishment  and  maintenance  of  current
  records of courses in advanced emergency medical technology.
    17.  Whenever a mistake has been made, or an honest dispute exists, as
  to the location of the division line between land owned  by  the  state,
  which  is  under  the  jurisdiction,  care,  custody  or  control of the
  department  of  education,  and  adjoining  privately  owned  land,  the
  commissioner  of  education, acting for and on behalf and in the name of
  the people of the state of New York, may  enter  into  a  boundary  line
  agreement,  fixing and determining the division line between such lands,
  subject to the approval of the attorney general as to form, content  and
  manner of execution.
    18.  The commissioner shall cooperate with the superintendent of banks
  and the commissioner of commerce in the creation of educational programs
  to be offered in conjunction with and in support of the  export  finance
  awareness  program  of  the  department  of  banks and the department of
  commerce. Such assistance may include, but shall not be limited to,  the
  development  of  specific training programs, identification of potential
  training  needs,  provision  of  facilities   for   training   and   the
  identification   of   potential   trainees.   Further  activity  by  the
  commissioner shall require that a designee of  the  commissioner  attend
  each  and every export awareness advisory board meeting, formally report
  to  the  commissioner,   and   have   the   commissioner   contact   the
  superintendent  of  banks  and  the commissioner of commerce so that the
  superintendent of banks may coordinate the activities of each  of  these
  components in the area of training.

    19.  The  commissioner  is  authorized  and  directed  to  require all
  elementary and secondary schools to store all chemicals present in their
  science facilities in locked and secure storage rooms and cabinets.  The
  schools   shall   provide   for  the  placement,  spacing,  arrangement,
  ventilation  and  fire protection of such stored chemicals in accordance
  with guidelines  promulgated  by  the  commissioner  of  education.  The
  commissioner  shall also require all elementary and secondary schools to
  prepare at least annually an inventory of such chemicals, including  the
  chemical's  name,  the  chemical  abstracts  service  registry number, a
  hazard warning  code,  the  generally  accepted  method  or  methods  of
  disposal,  a  compatible  storage code, the date received, the scheduled
  date of disposal, the quantity received, the quantity remaining and  its
  location.  The  inventory  must  be  kept  in  a  secure location and be
  available for inspection by the commissioner.
    20. He shall also have and execute such further powers and  duties  as
  he shall be charged with by the regents.
    21. a. For the purposes of the computation of the apportionment of aid
  under  any  of  the  provisions  of  this  chapter or any other law, the
  commissioner shall promulgate regulations to provide where not otherwise
  provided by law, for the use of whole numbers,  fractions  or  decimals.
  Such  regulations  shall  specify  when such numbers shall be rounded or
  truncated. Such regulations may provide that  under  each  apportionment
  the  amount  of aid to be paid pursuant to the applicable section of law
  may be paid in whole dollars.
    b. The commissioner shall periodically prepare an  updated  electronic
  data   file   containing   actual   and   estimated   data  relating  to
  apportionments  due  and  owing  during  the  current  school  year  and
  projections  of  such  apportionments  for  the following school year to
  school districts and boards of cooperative educational services from the
  general support for public schools, growth  and  boards  of  cooperative
  educational  services  appropriations  on  the following dates: November
  fifteenth, or such alternative date as may be requested by the  director
  of  the  budget  for the purpose of preparation of the executive budget;
  February fifteenth, or such alternative date as may be jointly requested
  by the chair of the senate  finance  committee  and  the  chair  of  the
  assembly ways and means committee; and May fifteenth.
    c.  The commissioner shall transmit a report in support of the general
  support for public schools appropriation to the director of  the  budget
  and  each  such  committee  chair  containing  schedules displaying such
  apportionments then due  and  owing,  including  updated  data  for  the
  current  audit year, seven preceding audit years and the estimated year,
  to coincide with each such update and by September first with respect to
  payments due for the preceding school year.
    22. The commissioner shall establish the procedures  for  a  statewide
  system  of  assigning  unique  student  identification  numbers  for all
  students in public and nonpublic schools within the state  for  purposes
  of  student  tracking  and  for state reporting purposes. Students shall
  retain their numbers until they attain the age  of  twenty-one.  As  new
  students  enter  schools  in  New  York, they shall be assigned a unique
  number. The  commissioner  shall  include  in  such  system  appropriate
  procedures   for   insuring  security  and  confidentiality  of  student
  information. The commissioner shall adopt regulations to provide for the
  implementation  of  such  statewide  system  by  school  districts   and
  nonpublic schools.
    23.  The  commissioner  shall  have  primary  responsibility  for  the
  development and implementation of  integrated  employment  opportunities
  including short-term and intensive supported employment services and, as
  appropriate,  long-term  extended  support services and shall coordinate

  with the commissioner of social services, the commissioner of the office
  of  mental  health  and  the  commissioner  of  the  office  of   mental
  retardation   and   developmental   disabilities   under  an  integrated
  employment  implementation  plan, pursuant to article twenty-one of this
  chapter.
    24. Notwithstanding any inconsistent provision of  this  chapter,  the
  commissioner  may,  by regulation, provide for a system whereby schools,
  school  districts  and  municipalities  submit  required  certifications
  electronically  or  in  any  other  media  form  which  the commissioner
  reasonably determines offers  the  same  degree  of  accountability  and
  control  provided  by paper certifications. The certifications described
  in this subdivision shall constitute written instruments, computer  data
  or  statements  within  the meaning of articles one hundred seventy, one
  hundred seventy-five and one hundred seventy-six of the penal law.
    25. The commissioner shall conduct periodic fiscal audits of boards of
  cooperative educational services as defined in section nineteen  hundred
  fifty  of  this  chapter  and,  to  the  extent sufficient resources are
  provided the department for such purpose, shall assure  that  each  such
  board of cooperative educational services is audited at least once every
  three years.
    26.  The  commissioner  is authorized and directed to promulgate rules
  and regulations to require that any statement prepared  to  satisfy  the
  provisions  of sections sixteen hundred eight, seventeen hundred sixteen
  and twenty-six hundred one-a of this chapter, any district-wide  mailing
  distributed  which  in  whole or part related to such statement, and any
  report prepared to satisfy the requirements of sections sixteen  hundred
  ten,  seventeen  hundred twenty-one and twenty-five hundred twenty-eight
  of    this    chapter,    commencing    in    the    nineteen    hundred
  ninety-seven--ninety-eight  school  year,  be in plain language and that
  categorization of and format for revenue including payments in  lieu  of
  taxes,  property  tax  refunds from certiorari proceedings, expenditure,
  transfer, and fund balance information and changes in such data from the
  prior year and, in the case of a resubmitted or amended budget,  changes
  in  such  information  from  the prior year's submitted budget, shall be
  complete and accurate and set forth in such a manner as to best  promote
  public comprehension and readability.
    27. The commissioner shall promulgate regulations in consultation with
  the  New York state energy research and development authority concerning
  the development and approval of energy performance contracts for  school
  districts  and  boards of cooperative educational services in accordance
  with subdivision eight of section 9-103 of the energy law.
    28. On or before April first, two  thousand,  the  commissioner  shall
  develop  and  implement  an  automated  board of cooperative educational
  services state aid reporting system for  the  purpose  of  tracking  and
  reporting  state  and  local  expenditures  for  aidable shared services
  pursuant to subdivision five of section nineteen hundred fifty  of  this
  chapter.  Such  system  shall  track state and local expenditures in the
  manner prescribed by the commissioner, provided that, at a minimum, such
  system  shall  report  such  expenditures  by   board   of   cooperative
  educational  services, by type of cooperative service agreement (CO-SER)
  and by component school district. In addition, such system shall  report
  expenses  and  aid  totals, as well as expenditures and aid per resident
  weighted average daily attendance.
    29. The commissioner shall develop a program whereby  any  veteran  of
  the  armed forces who served in world war II and who was unable, for any
  reason, to complete a secondary education, may be awarded a high  school
  diploma based on knowledge and experience gained while in service.

    29-a.  The commissioner shall develop a program whereby any veteran of
  the armed forces who served in the Korean conflict and who  was  unable,
  for any reason, to complete a secondary education, may be awarded a high
  school  diploma  based  on  knowledge  and  experience  gained  while in
  service.
    29-b.  The commissioner shall develop a program whereby any veteran of
  the armed forces who served in the Vietnam war and who was  unable,  for
  any  reason,  to  complete  a secondary education, may be awarded a high
  school diploma  based  on  knowledge  and  experience  gained  while  in
  service.
    30. (a) The commissioner, in cooperation with the division of criminal
  justice  services  and  in  accordance with all applicable provisions of
  law,  shall  promulgate   rules   and   regulations   to   require   the
  fingerprinting  of  prospective  employees, as defined in section eleven
  hundred twenty-five  of  this  chapter,  of  school  districts,  charter
  schools  and  boards of cooperative educational services and authorizing
  the fingerprinting of prospective employees  of  nonpublic  and  private
  elementary and secondary schools, and for the use of information derived
  from  searches  of  the  records  of  the  division  of criminal justice
  services and the federal bureau of investigation based  on  the  use  of
  such fingerprints. The commissioner shall also develop a form for use by
  school  districts,  charter  schools,  boards of cooperative educational
  services, and nonpublic and private elementary and secondary schools  in
  connection  with  the  submission  of  fingerprints  that  contains  the
  specific job title sought and any other information that may be relevant
  to consideration of the applicant. The commissioner shall also establish
  a form  for  the  recordation  of  allegations  of  child  abuse  in  an
  educational  setting,  as  required  pursuant  to section eleven hundred
  twenty-six of  this  chapter.  No  person  who  has  been  fingerprinted
  pursuant to section three thousand four-b of this chapter or pursuant to
  section  five  hundred  nine-cc  or  twelve hundred twenty-nine-d of the
  vehicle and traffic law and whose fingerprints remain on file  with  the
  division  of  criminal  justice  services  shall  be required to undergo
  fingerprinting for purposes of a new criminal history record check. This
  subdivision and the rules and regulations promulgated  pursuant  thereto
  shall  not apply to a school district within a city with a population of
  one million or more.
    (b) The commissioner, in cooperation with  the  division  of  criminal
  justice  services,  shall  promulgate  a form to be provided to all such
  prospective employees of school districts, charter  schools,  boards  of
  cooperative  educational  services, and nonpublic and private elementary
  and secondary schools that elect to fingerprint and seek  clearance  for
  prospective employees that shall:
    (i)  inform the prospective employee that the commissioner is required
  or authorized to request his or her criminal  history  information  from
  the  division  of  criminal  justice  services and the federal bureau of
  investigation and review such information pursuant to this section,  and
  provide  a  description  of  the  manner in which his or her fingerprint
  cards will be used upon submission to the division of  criminal  justice
  services;
    (ii)  inform  the prospective employee that he or she has the right to
  obtain, review and seek  correction  of  his  or  her  criminal  history
  information  pursuant  to  regulations and procedures established by the
  division of criminal justice services.
    (c) The prospective employer shall obtain the signed, informed consent
  of the prospective employee on such form supplied  by  the  commissioner
  which indicates that such person has:

    (i)  been  informed  of  the right and procedures necessary to obtain,
  review and seek correction of his or her criminal history information;
    (ii)  been  informed  of  the  reason  for  the request for his or her
  criminal history information;
    (iii) consented to such request for a report;
    (iv) supplied on the form a current mailing or home  address  for  the
  prospective employee;
    (v)  been  informed that he or she may withdraw his or her application
  for employment pursuant to this section, without prejudice, at any  time
  before  employment  is  offered  or  declined, regardless of whether the
  prospective  employee  or  employer  has   reviewed   such   prospective
  employee's criminal history information;
    (vi)  where  the  applicant is to be fingerprinted pursuant to section
  three thousand thirty-five of this chapter, the process  for  seeking  a
  waiver of the fees associated with conducting a criminal history records
  check,  pursuant  to  paragraph (b) of subdivision four of section three
  thousand thirty-five of this chapter,
    (vii) been informed that  in  the  event  his  or  her  employment  is
  terminated  and  such  person  has  not  become  employed in the same or
  another  school  district,  charter   school,   board   of   cooperative
  educational  services,  or  nonpublic or private elementary or secondary
  school within twelve-months of such termination, the commissioner  shall
  notify  the  division  of criminal justice services of such termination,
  and  the  division  of  criminal  justice  services  shall  destroy  the
  fingerprints   of   such  person.  Such  person  may  request  that  the
  commissioner notify the division of criminal justice services  that  his
  or  her  fingerprints shall be destroyed prior to the expiration of such
  twelve month period in which case  the  commissioner  shall  notify  the
  division of criminal justice services and the division shall destroy the
  fingerprints of such person promptly upon receipt of the request; and
    (viii)  been  informed  of the manner in which he or she may submit to
  the  commissioner  any  information  that  may  be   relevant   to   the
  consideration  of  his or her application for clearance including, where
  applicable, information in  regard  to  his  or  her  good  conduct  and
  rehabilitation.
    * (d)  The  commissioner  shall  develop  forms  to be provided to all
  school districts, charter schools,  boards  of  cooperative  educational
  services,  and  to  all  nonpublic  and private elementary and secondary
  schools that elect to fingerprint their  prospective  employees,  to  be
  completed   and   signed   by  prospective  employees  when  conditional
  appointment or emergency conditional appointment is offered.
    * NB Repealed July 1, 2010
    * (e) The commissioner may promulgate rules and regulations  regarding
  the  conditional  appointment and emergency conditional appointment of a
  prospective employee.
    * NB Repealed July 1, 2010
    * 31. The commissioner shall direct that each school district, charter
  school, and private elementary and secondary school appoint a designated
  educational official for the purposes set forth in section 380.90 of the
  criminal procedure law,  subdivision  seventeen  of  section  301.2  and
  subdivision three of section 380.1 of the family court act. In addition,
  the commissioner shall promulgate rules and regulations, in consultation
  with the office of court administration, to facilitate electronic access
  by  the courts to the names and addresses of such designated educational
  officials.
    * NB There are 2 sub 31's
    * 31. The  commissioner  shall  cooperate  with  the  commissioner  of
  agriculture  and  markets  in  establishing a farm-to-school program and

  coordinating New York Harvest For New York Kids  Week  as  described  in
  subdivision  five-b  of  section  sixteen of the agriculture and markets
  law. The commissioner's  responsibilities  shall  include,  but  not  be
  limited  to, compiling information for the department of agriculture and
  markets from school districts and other educational  institutions  under
  the  department's  jurisdiction  interested  in purchasing New York farm
  products  and  disseminating  to  those   districts   and   institutions
  information  from  the  department  of agriculture and markets about the
  availability of New York farm  products,  and  contact  information  for
  farmers  and  other businesses marketing such products. The commissioner
  shall report to the legislature about the need for  changes  in  law  to
  facilitate   the   purchase  of  such  products  by  schools  and  other
  institutions.
    * NB There are 2 sub 31's
    32. On or before June first,  two  thousand  three,  the  commissioner
  shall  complete a review of all applications, plans and reports required
  of school districts or boards of cooperative educational services by the
  department. This review shall be undertaken with a focus on streamlining
  all programmatic reporting requirements with the aim of  eliminating  or
  reducing  excess  reporting  requirements  and to determine the need for
  continued annual submission of such documents. Upon completion  of  such
  review,  the  commissioner  shall  submit  his  or  her  findings to the
  director of the budget,  the  chair  of  the  assembly  ways  and  means
  committee and the chair of the senate finance committee.
    * 33.  a. The commissioner shall establish procedures for the approval
  of providers of supplemental educational services in accordance with the
  provisions of subsection (e) of section one thousand one hundred sixteen
  of the No Child Left Behind Act of 2001 and shall adopt  regulations  to
  implement  such procedures. Notwithstanding any other provision of state
  or local law, rule or regulation to the contrary, any local  educational
  agency that receives federal funds pursuant to title I of the Elementary
  and  Secondary Education Act of nineteen hundred sixty-five, as amended,
  shall be authorized to contract with the approved provider selected by a
  student's parent, as such term is defined in  subsection  thirty-one  of
  section nine thousand one hundred one of the No Child Left Behind Act of
  2001,  for  the  provision  of  supplemental educational services to the
  extent required under such section one  thousand  one  hundred  sixteen.
  Eligible approved providers shall include, but not be limited to, public
  schools,  BOCES,  institutions  of higher education, and community based
  organizations.
    b. Notwithstanding any other provision of law  to  the  contrary,  for
  purposes of article twenty-three-B of this chapter and for purposes of a
  criminal  history  record  check  pursuant  to  section  three  thousand
  thirty-five  or  subdivision  twenty  of  section  twenty-five   hundred
  ninety-h  of  this  chapter,  any  individual  who  is  employed  by  or
  associated with a supplemental educational services provider approved by
  the commissioner other than a  school  district,  board  of  cooperative
  educational   services   or   charter   school,  and  who  will  provide
  supplemental educational services through direct contact  with  eligible
  children  shall  be  deemed  to be an employee of the school district in
  which  he  or  she  provides  such  services  for  purposes  of  article
  twenty-three-B  of  this chapter and shall be deemed to be a prospective
  employee of each school district in which such provider is authorized to
  provide services and shall be required to be fingerprinted  pursuant  to
  section  three  thousand  thirty-five  or  subdivision twenty of section
  twenty-five hundred ninety-h of this chapter, regardless of the location
  in which such services are delivered.
    * NB Repealed June 30, 2010

    34. The commissioner is hereby authorized and directed to apply school
  bus safety practices instruction and retraining requirements  prescribed
  pursuant  to the provisions of section thirty-six hundred twenty-four of
  this chapter to drivers  who  operate  transportation  which  is  owned,
  leased  or  contracted  for by private and parochial schools to the same
  extent  as  such  requirements  shall  apply  to  drivers  who   operate
  transportation which is owned, leased or contracted for by public school
  districts. The chief school administrator of every private and parochial
  school  shall  approve the employment of each driver for each school bus
  operated for such private or parochial school and shall ensure that each
  such driver shall meet the school bus safety practices  instruction  and
  retraining   requirements  prescribed  pursuant  to  section  thirty-six
  hundred twenty-four of this chapter. Nothing in this  subdivision  shall
  be construed to apply such provisions to volunteer drivers who transport
  pupils  on  other  than  a  regularly established route on an occasional
  basis.
    * 35. The  commissioner  shall  develop  guidelines  by  which  school
  districts  may  establish  a  program  to  make  available to parents or
  persons in parental relation  of  children  attending  schools  in  such
  districts, an internet based electronic communications system to provide
  for  the  transmission  of  individual  personalized  messages  or group
  communication over the internet, to communicate  with  the  teachers  of
  such children.
    * NB There are 2 sb 35's
    * 35.  The commissioner shall, in cooperation with the commissioner of
  mental health, develop guidelines for voluntary implementation by school
  districts,  that  incorporate  social  and  emotional  development  into
  elementary  and  secondary  school educational programs as prescribed in
  paragraph (b) of subdivision one of  section  three  of  the  children's
  mental health act of 2006.
    * NB There are 2 sb 35's
    36.  The  commissioner  shall  ensure that by July first, two thousand
  eight, a student progress report, written in plain English and in a form
  prescribed by the commissioner,  is  prepared  for  all  students.  Such
  progress  report  shall  provide parents or persons in parental relation
  with information on their child's performance on state assessments  over
  multiple  years  of  testing and shall also explain the process by which
  parents or persons in parental relation may inquire further about  their
  child's progress. All school districts and charter schools shall prepare
  and  disseminate  the  student  progress report to parents or persons in
  parental relation in a timely manner.
    37. The commissioner shall develop methods to support educators in the
  use of performance data to assist in student learning,  which  shall  be
  periodically improved based on feedback from educators.
    38.  The  commissioner shall develop informational materials to assist
  parents or persons in parental relation and  teachers  in  understanding
  the regents learning standards and the results of state assessments.
    39. The commissioner shall develop a school leadership report card and
  a  separate  school  progress report card to assist boards of education,
  the state and the public in assessing the performance of school leaders,
  including superintendents of schools and building  principals,  and  the
  schools  that they lead. The report cards shall include an assessment of
  the school's progress in achieving standards of excellence.  By  January
  first,  two thousand nine, the commissioner shall develop such standards
  of excellence which  shall  include,  but  not  be  limited  to,  parent
  involvement, curriculum, teacher quality, and accountability measures as
  set   forth   in  section  two  hundred  eleven-a  of  this  title.  The
  commissioner shall promulgate  regulations  requiring  the  trustees  or

  boards  of  education of every common, union free, central, central high
  school and city school district, and the chancellor  of  a  city  school
  district  in a city of one million or more inhabitants, to attach copies
  of such report cards to the statement of estimated expenditures pursuant
  to  section  sixteen  hundred eight or seventeen hundred sixteen of this
  chapter, where applicable,  and  to  otherwise  make  the  report  cards
  publicly available in the same manner as a school district report card.
    40.   The  board  of  regents  shall  explore  the  development  of  a
  prekindergarten through postsecondary (P-16)  data  system  that  tracks
  student  performance  from  prekindergarten through attendance at public
  colleges in this state and links students to  teachers  or  instructors.
  The  commissioner  shall  consult with other relevant state departments,
  agencies and instrumentalities of the state  about  the  feasibility  of
  linking   the   system  to  other  data  collection  systems  containing
  information relevant to the education of  children,  including  but  not
  limited  to social services information; and to identify barriers to the
  exchange of data between the P-16 system and social services  and  other
  systems  under  their  control  and  collaborate  to facilitate the free
  exchange of data. Such data system shall be maintained  consistent  with
  applicable  confidentiality  requirements,  so as to prevent disclosures
  that would constitute an unwarranted invasion of personal  privacy.  The
  commissioner  shall  report  to  the  board  of  regents  on  activities
  conducted pursuant to this subdivision.
    41. The commissioner shall establish a  program  to  evaluate  various
  methods used by schools to identify students receiving a free or reduced
  price  meal  under programs authorized by the National School Lunch Act,
  as amended, or  the  Child  Nutrition  Act  of  1966,  as  amended.  The
  commissioner  shall  identify  methodologies  and  practices utilized by
  schools and school districts, within the state and nationally, to:
    a. simplify student access to meal programs; and
    b. identify students through an electronic payment system, or  through
  other  means, in order to eliminate the overt identification of students
  receiving a free or reduced price meal.
  On or before July first,  two  thousand  nine,  the  commissioner  shall
  disseminate  detailed information on the best practices utilized by such
  schools and school districts which simplify  access  and  eliminate  the
  distinction  between students receiving a free or reduced price meal and
  those paying full price so as to more effectively operate  the  program.
  The  commissioner shall also submit a report containing such information
  to the legislature on or before such date.