New York State Assembly - 1998 Annual Report

The Honorable Sheldon Silver, Speaker
New York State Assembly
State Capitol, Room 349
Albany, NY 12248

I am pleased to present to you the annual report of the Assembly Standing Committee on Education for the 1998 legislative session. I am honored to serve as Chairman of this important Committee.

The 1998 Legislative Session was an historic year. For the first time ever, the education budget was negotiated in a bi-partisan Assembly/Senate conference Committee in an open public forum. The Assembly and Senate sent the Governor a fiscally sound plan, in record time, that addressed New York State's pressing educational needs.

This plan included the Assembly's RESCUE proposal which earmarked $500 million for critical capital projects to renovate and expand school buildings and classrooms for every school district in the state. Furthermore, the joint budget agreement funded professional development programs for teachers, after-school programs for children and launched the Comprehensive School Intervention Pilot Program designed to prevent school violence.

Unfortunately, the Governor vetoed all of these programs and many more intended to improve education in New York State.

Despite this major set back, the final budget agreement provides our schools with the necessary resources to follow through on LADDER's goals to expand pre-kindergarten and kindergarten classes and begin reducing class sizes in 1999. As a result of this program, I am proud to report to you that almost 19,000 children will be enrolled in pre-kindergarten across New York State this year.

The enacted budget provides a $286 million increase in state aid over the Executive proposal and an additional $130 million for grant programs, restorations and increases to LADDER programs. Beginning this year, $81.96 million is provided to address the additional costs school districts face as they prepare students and teachers for meeting higher academic performance standards.

In addition to the major provisions enacted as part of the budget, the Assembly also passed legislation reforming special education and a package of bills aimed at improving the health and safety of our schools.

Overall, with your strong commitment to education, the Committee successfully defended public schools and fought for a state budget and legislative program that strengthened education in New York State. Much remains to be done in the current year, particularly with regard to repairing and maintaining public school buildings, and improving our children's ability to master the Regents' new higher learning standards. I look forward to working with you in 1999 as we continue to fight on behalf of the three million students in New York State's public and private schools.

1998 ANNUAL REPORT
NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON EDUCATION

The New York State Constitution states that, "The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated" (Article 11, Section 1). This constitutional provision establishes the foundation for the areas of responsibility of the Standing Committee on Education.

The Committee is primarily responsible for overseeing educational policies and programs affecting pre-kindergarten, elementary, secondary and adult education. The Committee's jurisdiction extends to all aspects of elementary and secondary education for more than three million school children attending both public and non-public schools. Within New York State, there are 706 school districts, including the nation's largest, the New York City School District, which enrolls over 1,000,000 students. In addition, 38 Boards of Cooperative Educational Services (BOCES) provide occupational education, shared services, special education, and academic programs on a regional basis throughout the State. The Committee also participates in the process for selecting persons to serve on the New York State Board of Regents.

The Committee is continually challenged to ensure that the public schools of this large and diverse state provide the range of opportunities that all students need to fulfill their potential. The Committee plays a significant leadership role in supporting equitable funding and strengthening the quality of elementary and secondary education in the State.

During the 1998 Session, 422 bills were referred to the Education Committee. These bills dealt with such wide-ranging issues as special education reform, violence in schools, and environmental health and safety in schools. In addition to these bills, the Committee held public hearings on both the process of coal conversion in schools and the impact of the Governor's veto messages on education in New York State.

The purview of the Assembly Education Committee is extremely wide, and affects virtually all aspects of public education. This report will provide a more detailed examination of the Committee's budgetary and legislative achievements affecting the education of all students in the State.

Once again, the Governor's proposed budget attempted to cheat New York State school children out of their fair share of state aid. The Executive proposal called for an increase in state aid of only $347 million or 3.17 percent. The final 1998-99 School Aid package provides a $286 million increase in computerized aids over the Executive proposal. This represents an increase of $740 million or 7.17% in computerized aids over 1997-98. In addition, New York City receives a $283 million or 7.84% increase over 1997-98 bringing the total that New York City receives in computerized aids to approximately $3.8 billion. The summary below describes in part this final package:

Operating and Transition Aids: Increased by $284.62 million over 1997-98. Greater aid is generated by amending the operating aid ratio, providing an increase to the comprehensive operating aid base, and raising the transition cap to 5%. New York City receives an increase of $103 million or 5% over 1997-98 in Operating and Transition Aids.

Operating Standards Aid: Beginning in 1998-99, $81.96 million is provided to address the additional costs school districts face as they prepare students and teachers for meeting higher academic performance standards. New York City receives $33.1 million of this total amount for Operating Standards Aid.

Extraordinary Needs Aid: Increased by $144.22 million over 1997-98 to $660.15 million. This increase is provided to assist districts with high concentrations of at risk pupils. New York City receives an additional $89 million or 27.53% increase in Extraordinary Needs Aid over 1997-98.

Educationally Related Support Services (ERSSA): Increased by $14.07 million to $61.42 million. This program enables children to maintain their placement in general education settings by providing support services. New York City receives a $7.6 million, or a 34.44% increase for Educationally Related Support Services Aid over 1997-98.

Last year, the Assembly majority developed the LADDER (Learning, Achieving and Developing by Directing Educational Resources) plan as a thorough step-by-step approach to strengthening New York's education system. This comprehensive initiative will increase the state's share of aid to $5.5 billion over five years. Specifically, the plan is designed to offer pre-kindergarten to every four year old in New York, extend full-day kindergarten to every school district, reduce class size from kindergarten through grade three, increase aid for textbooks and computer technology, assist schools in maintenance and repair of school buildings, and fund programs that provide professional development for teachers. In 1998, LADDER is in its second year of implementation and the Legislature provided an additional $130 million for grant programs, restorations, and increases to LADDER programs. Below is a brief summary of this year's LADDER initiatives:

Pre-Kindergarten Expansion: The Assembly rejected the Executive's proposal of $50 million and increased the first installment of the four year effort to provide universal pre-kindergarten across New York State to $67 million. Also included is an increase in the minimum per pupil aid amount to $2,700 per pupil, a clarification of the planning process that priority may be given to disadvantaged children and the authorization for transportation to be provided to pre-k students on a space-available basis.

Full-Day Kindergarten: Beginning in 1998-99, full-day kindergarten will become an aidable expense on a current year basis.

Minor Maintenance and Repair Aid: In 1998-99, $50 million in grants are provided to fund minor maintenance and repair projects of school districts. This program increases to $80 million by the year 2001-2002.

Building Aid: All districts will receive an additive increase of 10% to their building aid ratio beginning in school year 1998-99. Further, all school districts will have a regional cost factor applied to their building aid ratio.

Textbooks, Software and Hardware Aid: Increased by $5.65 million to $158.02 million.

Extended Day/School Safety Grants: In 1998-99, $15.2 million is provided for Extended Day Program/School Safety Grants. These programs allow for the provision of extracurricular, school safety, and enrichment activities. Such services may be provided in a collaborative manner, before or after school, on weekends or during the summer.

Instructional Technology Aid: $9.0 million is provided due to the creation of a new instructional technology aid which will allow districts to purchase instructional technology independently or through BOCES and receive the same level of reimbursement.

Staff Development: Beginning in 1998-99, the state provides $3.5 million in formula-based aid and $1.5 million for grant based aid. Non-component schools will now have access to BOCES staff development services and may receive aid for staff support offered through institutions of higher education. In addition, professional development funds can be used by pre-kindergarten programs.

This year the Assembly worked to create a budget that builds on the foundation laid last year with the creation of LADDER. While key components of LADDER, like expanded pre-kindergarten and full-day kindergarten are being implemented, others went unheeded. A crucial challenge remains. Many children are struggling to learn in crowded, underequipped classrooms in outdated and dilapidated facilities. As a part of LADDER, the Legislature attempted to address this issue by placing before the voters the School Health and Safety Bond Act. The bond act would have provided funding for critical projects related to the construction, expansion, and modernization of public school facilities. Unfortunately, this program was defeated.

With the defeat of the Bond Act, the need to fund critical capital projects remains. According to the State Education Department the capital needs for public school buildings throughout New York State exceed $15 billion. This year the Assembly, renewed its commitment to providing New York's school children with a safe, secure and modern learning environment by introducing, as a part of the budget, the RESCUE (Rebuild Schools to Uphold Education) Program. Under this proposal, every school district would receive RESCUE funding based on their share of students. The main components of the RESCUE program as agreed to by the Assembly and the Senate included:

Critical Capital Projects: $500 million would be allocated for critical infrastructure needs. RESCUE funding would be utilized for physical capacity expansion, including reduced class size, health and safety projects, including environmental remediation, educational technology projects, construction emergencies, accessibility for disabled persons, and maintenance and repair projects.

Comprehensive Public School Safety Program: This program would require the annual inspection of all public school buildings used for instruction. Presently, the state provides building aid for these inspections.

State Education Department Oversight: Under current law, all school buildings except those located in the Big Five School Districts are under the jurisdiction and oversight of the Commissioner. RESCUE would extend this oversight to all school buildings, regardless of their location.

Office of School Inspector General: RESCUE would also require the creation of the Office of School Construction Inspector General within the State Education Department. The School Construction Inspector General would ensure that RESCUE funds are spent in the most cost effective manner possible and that construction is conducted in the most effective way. Moreover, the School Construction Inspector General would receive and investigate complaints from the public or any other source concerning alleged abuses in the construction and maintenance of public school buildings.

Although both the Senate and Assembly agreed that RESCUE was necessary to address critical infrastructure needs in every school district, the Governor vetoed all the funding for the RESCUE plan.

In addition, to the RESCUE Program, funding for many other important programs was vetoed by the Governor, including:

Teacher Support Aid: The Legislature restored and increased Teacher Support Aid by $10 million for a total of $77.50 million. This program was eliminated by the Governor.

Teacher Centers: The Legislature agreed upon a $10 million increase for a total of $30 million to fund Teacher Centers. The Governor vetoed this increase. Teacher Centers are maintained at $20 million.

Mentor Intern Program: The Legislature restored and increased the Mentor Intern Program to $20 million. This program was eliminated by the Governor.

Comprehensive School Intervention Pilot Programs: To ward off school violence before it starts, the Legislature agreed upon a $3 million Comprehensive School Intervention Pilot Program to provide assessment, support, counseling and intervention services to school districts. These services would be provided with an emphasis on students in grades K-9, in a collaborative manner aimed at combating causal factors known to contribute to school violence. This program was vetoed by the Governor.

Partners in After School Education (PASE): To provide after school enrichment activities, the Legislature set aside $10 million for a new Partners in After School Education (PASE) Program. PASE would have received additional funding by enlisting the help of not-for-profit organizations, and other private or governmental organizations who support a collaborative effort between school districts and community based organizations. PASE was vetoed by the Governor.

Electronic Doorway Libraries: The Legislature restored and increased the Electronic Doorway Libraries Program to $3 million. This program was vetoed by the Governor.

Advanced Placement Test Waiver: To help disadvantaged students pay for the expensive fees charged to take Advanced Placement Tests, the Legislature provided $300,000 to fund a waiver program. This program was vetoed by the Governor.

GED Grading: To improve the GED grading and assessment system, the Legislature agreed to provide the State Education Department with $500,000. This funding was eliminated by the Governor.

Magnet Schools: The Legislature passed a $1.75 million increase in grants to Magnet Schools for a total of $136.42 million. This increase was vetoed by the Governor. Grants to Magnet Schools are maintained at $134.67 million.

Adult Literacy Programs: The Legislature passed a $1 million increase in aid for Adult Literacy Programs. The Governor vetoed this increase and aid is maintained at $3.32 million.

VESID-COLA: $905,000 was provided for an inflation adjustment for case services and supported employment programs. This funding was vetoed by the Governor.

Independent Living Centers: The Legislature agreed upon a $1.5 million increase for Independent Living Centers. The Governor rejected this proposal and aid is maintained at $8.03 million.

National Board of Professional Teaching Standards Certification: The Legislature provided $1 million to offset the examination costs of teachers taking the national certification exams. This funding was vetoed by the Governor.

Primary Mental Health Project: The Legislature passed an $80,000 increase for the Primary Mental Health Project. The Governor eliminated this increase and aid is maintained at $570,000.

Parent Training: The Legislature provided $500,000 for Parent Training programs. The Governor vetoed this program.

The Education Committee continued its commitment to students with disabilities by reporting measures designed to assist persons with disabilities. This measure provides that individual evaluations of visually impaired students include the consideration of the appropriate use of instruction in Standard Braille English. This bill passed the Assembly and died in the Senate.

This bill would ensure that students with disabilities are educated in settings with their peers without disabilities. Specifically, this legislation would eliminate unnecessary referrals to special education programs and ensure that students who no longer need special education services are returned to a supportive general education environment. This legislation would also conform the state Education Law to the Federal Individuals with Disabilities Education Act (IDEA) which was amended and reauthorized in 1997. This bill passed the Assembly and died in the Senate.

This bill would change the composition of Committees on special education and pre-school education necessary to conform the law to the Federal IDEA reauthorization. Under this legislation only certain licensed professionals including special education teachers and school psychologists would be authorized to interpret a pupils special education evaluation and make recommendations to the Committee on Special Education or the Committee on Pre-school Special Education. This ensures that only trained professionals make recommendations for the placement of children with special education needs. This bill passed the Assembly and died in the Senate.

In 1986, the Legislature enacted Chapter 683, which ensured that youth incarcerated in county jails would continue to receive educational services provided by the school district in which the facility is located. Due to the high costs associated with incarceration, alternatives to incarceration for non-violent offenders, such as youth shelters are continually being developed because of their programmatic success and cost-effective approach.

Generally, youth shelters are residential programs that serve youth ages sixteen to twenty-one who have been placed in such a facility as a condition of their release from prison. In most cases the local school district supplies a youth shelter with teaching staff and is then reimbursed by the shelter resident's home district for providing these services. This process, however, is slow and bureaucratic and as a result the local school district often refuses to provide the youth shelter with teachers claiming lack of payment. Under this bill, youth shelters would be eligible for an apportionment for current year educational services in the same manner as correctional facilities. This would ensure that youth shelters are able to provide residents with an education and help them work toward their high school diploma. This bill passed the Assembly and died in the Senate.

This bill would require school districts to provide absentee ballots for school board elections, school budget votes, school library budget votes, and school library trustees. Currently, school districts have the option, but are not required to provide absentee ballots for these elections. This bill passed the Assembly and died in the Senate.

In the last few years the Legislature has made great strides in opening up the school district elections process. In 1996, the Legislature passed a long awaited law extending the right to vote on the annual school district budget to residents of small cities. However, this legislation did not include provisions permitting small city residents to vote on their public library trustees. To extend this right to voters, the Committee reported legislation allowing a public vote of school library trustees. This new law makes small city voting provisions parallel to the those in rural and suburban districts.

Last year the Legislature passed a measure establishing a statewide voting day to increase voter participation in school district elections. This new law established a uniform date of the third Tuesday in May for all school budget votes and the election of school board members. However, due to a technical problem in the legislation there were a few school districts that could not conduct the vote in a specific manner. This bill addresses this issue by setting election hours for the statewide school voting day to be at least six consecutive hours after six a.m., two of which must be after six p.m.

Again this year, the Assembly put forth and acted upon a comprehensive school violence package entitled the Safe Schools/Safe Children Act (A.4661-C, Sanders). Throughout the process of creating this legislation, it was universally agreed that parents, teachers and the community must be able to determine accurately the level of violence in their schools, have a stronger voice in formulating safety policy, and receive greater support from government.

The Assembly legislation requires the immediate removal of violent or disruptive students from the classroom, requires that each school district have a code of conduct and school safety plan, increases parental responsibility, creates a uniform violent incident reporting system, creates an Omnibus School Violence Prevention Grant Program, increases communication between the juvenile justice system and the schools, and has new classifications of crimes for the use and sale of firearms on school grounds.

More specifically, this proposal requires that students who have committed violent acts be immediately removed from the classroom and referred to law enforcement officials for action and requires that these students be suspended immediately. Also, school officials can suspend a student caught carrying a gun in school if school officials believe the gun seizure is proper, even though an earlier court ruling had excluded the gun as evidence in a juvenile delinquency case. In the event of a suspension, this bill requires that a parent have an informal conference with the principal or appropriate personnel and grants parents the right to leave the work place in order to meet with educators.

To afford the community a strong voice in the formulation of a school safety policy, this bill requires the participation of teachers, parents and other school personnel in the development of the Code of Conduct and comprehensive school safety plan.

The bill includes a grant program with an emphasis on school safety and security to provide additional financial support to address the safety concerns of school districts statewide. Grant money would cover expenses that include the purchase of metal detectors, training security personnel, training school personnel, and training students in violence prevention and non-violent conflict resolution techniques. Another component to the grant program would provide funding for intensive violence prevention programs which may be joint projects between a school and community based organization or similar agency with provision for technical assistance to implement such programs. The competitive grants would be awarded on a priority basis to schools or school districts, taking into account certain criteria such as a high incidence of school violence, a high at-risk population, the rate of student truancy and the effectiveness of the proposed program. The grant funds must be used for purposes consistent with the elements and goals of the school safety plan. For three sessions this legislation has passed the Assembly and died in the Senate.

The Committee also considered permitting school employers to perform criminal background checks on prospective employees. Under this legislation, the Board of Education could pass a resolution requiring the screening of all personnel to be hired by the school district. Written consent from the employee would be required, and once fingerprints were obtained they would be sent to the Division of Criminal Justice Services and checked against criminal history information provided by both the Division and the Federal Bureau of Investigation. The Division of Criminal Justice would then prepare a report describing any criminal history information. Only records of pending criminal charges, criminal convictions and certificates issued or revoked in any New York State court would be used in the report.

To safeguard prospective employees, it would be mandatory that all participants be informed of their right to obtain, review and seek correction of their criminal history information. In addition, this information would be confidential and could only be disclosed to the prospective employee and other persons who are directly participating in the decision to hire the prospective employee. Negligent disclosure of this information would entitle the prospective employee to an award of compensatory damages from the school district. This legislation passed the Assembly and died in the Senate.

Children are often exposed to an alarming amount of toxins in the school environment. To combat this problem, the Committee recommended a number of bills that seek to eliminate these potential health threats. Although this legislation did not become law, it reflects the Assembly's concern for the health and well being of New York State's school children.

This bill would require the development of guidelines to assist school districts and BOCES in the procurement of environmentally safe products for use in the construction, maintenance, and everyday needs of a school. Guidelines would be developed by the State Education Department in conjunction with the Office of General Services and the State Procurement Council. More specifically, these guidelines would help in the purchase of products that have the least impact on children's health. This bill passed the Assembly and died in the Senate.

This bill would establish environmental standards for school buildings which are being purchased, remodeled or built. Specifically, this legislation would ensure that school buildings maintain cooling and ventilation systems which meet currently accepted industry standards, maximize indoor air quality, minimize conditions favorable to pest populations, and control radon levels. This bill would also require school districts to demonstrate in their school building plans that they have taken into consideration the proximity of the proposed building in relation to existing environmental hazards. This bill passed the Assembly and died in the Senate.

Since children are more vulnerable to environmental hazards, the Committee considered legislation establishing the "Children's Environmental Health and Safety Bill of Rights". This bill would require the commissioners of the State Education Department (SED) and an advisory council the Department convenes along with the Department of Health, and the Department of Environmental Conservation to review their existing programs, regulations, and standards to determine how state policy could better provide a healthy learning environment for New York's children. These three agencies and the advisory council would then issue a report based on their findings, citing scientific research on child-specific susceptibilities, exposures to environmental pollutants and effects on learning ability. On the basis of the report SED would disseminate standards and guidelines to all school districts and BOCES regarding environmental health issues and known hazards in the environment. In addition, SED would be responsible for developing a system to notify every child, parent, and school employee of the availability of this information upon their request. This bill passed the Assembly and died in the Senate.

Asthma is a respiratory disease which affects many children in this state. According to the American Lung Association it is the leading chronic illness in children causing the most hospitalizations for children under the age of 15. Because so many students are being diagnosed with this incurable disease, the Committee reported legislation allowing students with asthma to use a prescription inhaler freely throughout the school day. This new law allows students to use their inhalers without medical supervision as long as they have written permission from a parent and a doctor.

In 1997, school districts were eligible for federally mandated telecommunications discounts pursuant to the 1996 Federal Telecommunications Act. The Committee discussed ways to assist school districts in accessing these dollars and improve the availability of technology for students. This legislation would require school districts to submit a 5 year educational technology plan to the State Education Department (SED). This plan would address a district's course of action for integrating educational technology into the classroom. Specifically, the plan would include: the goals of integrating technology, goals for different subjects and grades, a list of priorities to implement the plan, a benchmark for timelines and implementation, an assessment process, provisions for ongoing funding, and plans for in-service staff development and training. This plan would also address how a school district's efforts could be linked with other community technology networks, and would require SED to provide technical assistance to school districts in creating these plans. This legislation passed the Assembly and died in the Senate.

Because transportation aid is currently calculated based on the attendance of public school children, school districts are not adequately compensated for transportation services they provide to non-public school children. To address this issue, the Committee reported legislation that would add the attendance of non-public school children into the calculation of the transportation formula to better reflect a school district's costs. This bill passed the Assembly and died in the Senate.

This new law allows school districts to lease buses for up to a year without voter approval and up to 5 years with voter approval. In cases where school districts do not vote on their school budget this legislation will allow them to lease school buses for up to 5 years. This legislation prevents school districts from incurring unnecessary costs, because it permits them to lease a vehicle they may only need for a year or two instead of having to purchase it.

This bill would establish a demonstration program requiring the state to pay for the lease, lease purchase, rental, and maintenance of a motor vehicle for a person with a disability when it clearly appears this would be the most cost effective way to provide transportation for an individual's written rehabilitation program. The availability of a personal vehicle would allow individuals with severe disabilities more flexibility in arranging their vocational rehabilitation programs than is currently afforded by special transportation providers. In addition, this legislation would allow consumers to use these vehicles during other activities of daily life, and would be cost effective to the state. This bill passed the Assembly and died in the Senate.

This bill extends the provisions of Chapter 552 of the Laws of 1995 for an additional three years allowing school districts to amend transportation contracts in certain circumstances. For instance, school districts can amend contracts to comply with new local, state or federal laws, rules, or regulations. In addition, school districts may amend contracts to enhance pupil safety or to increase cost savings consistent with pupil safety.

This law makes changes to the current process for NYC Community School Board Elections, and allows otherwise unregistered parents of children assigned to special education schools or the Chancellor's district to be considered eligible voters. In addition, this bill replaces the current system of paper ballots with voting machines and eliminates proportional representation. Under this new law votes will be cast for 4 out of 9 candidates and the candidates with the majority of votes will be elected.

This measure also emphasizes public voter education. Under this new law, community school boards are now required to produce annual reports which will help keep the public informed. Furthermore, voter guides must be distributed to all parents.

This new law clarifies the role of the Chancellor, the community school district superintendent and the community school board with respect to certain employee disciplinary actions. This legislation also restores the provisions inadvertently omitted in the initial legislation (A.11273) requiring financial disclosure by certain city school employees including the Chancellor and the members of the New York City Board of Education.

Although they are not always designated as legal guardians, grandparents often play a very active role in the lives of their grandchildren. To support this commitment, the Committee reported a bill requiring the Chancellor to provide for the involvement of grandparents in any parent's association or parent teacher association established by the Chancellor. Moreover, this measure would allow a grandparent to obtain permission in writing from a child's parents that would designate them as a "person in parental relation". This designation would then allow them to be a member of a parent association or parent teacher association. This bill passed the Assembly and died in the Senate.

This bill would prevent the state from shifting its aid payment obligations to BOCES from June to September of the school fiscal year. This would stop school districts from having to borrow funds to meet the BOCES budget requirements. This bill passed the Assembly and died in the Senate.

The Committee reported legislation that would provide state aid to certain school districts for the on-site occupational education programs which they provide independent of BOCES. Under current law, small city school districts providing occupational educational programs independent of BOCES do not receive state aid support. In contrast, large school districts providing independent occupational education programs receive special services aid and city school districts participating in BOCES are awarded state aid to offset their expenses. This legislation would allow small city school districts to receive their fair share of state aid support. This bill passed the Assembly and died in the Senate.

Charter schools are public schools financed through local, state, and federal funds, that are independent from the local school board and exempt from many state laws. This year, New York became the 35th state in the country to enact charter school legislation. Under New York's statute, charters schools may be created to improve student learning and achievement, increase learning opportunities for at-risk students, encourage the use of innovative teaching methods, create expanded opportunities for educators, and afford parents and students with expanded choices in the types of educational opportunities available. This new law permits up to 100 new charter schools to be established statewide. Parents, teachers, school administrators, and community residents are eligible to submit charter school applications. In addition, an existing public school may convert to a charter school with approval from a majority of the parents of the students attending that particular public school.

The Committee considered legislation which places teaching assistants and teachers' aides on a preferred eligibility list if they were laid-off as a result of the transfer of a program to or from a BOCES or school district. While teachers are afforded this protection, other school personnel are not. This legislation extends the same privileges to teaching assistants and teachers' aides as are afforded teachers and makes it easier for them to keep their jobs in the event of a program transfer.

The Committee reported legislation that would have accelerated the approval date for a 10% building aid enhancement from July 1, 1998 to January 1, 1998. This would have allowed districts with critical overcrowding to construct additional facilities as quickly as possible. This bill passed the Assembly and died in the Senate.

The Committee reported legislation creating the New York State School-to-Work Program. The bill would require the State Education Department to create a School-to-Work System which would include a credit bearing curriculum developed to assist students transition between school and work. In addition, the commissioner would be charged with establishing a state advisory council to ensure that students have access to school-to-work activities statewide. This bill passed the Assembly and died in the Senate.

This year, through a bi-partisan effort of conference Committees, the Legislature negotiated and passed the 1998 state budget. This was an historic first, marked by joint Assembly/Senate conference Committees where legislators negotiated in an open public forum with the media present. The 1998 budget ensured that schools had the resources to help children achieve higher educational standards, upgrade classrooms and libraries with vital computer technology, and support teachers in our schools. These programs and many more designed to improve education in New York State were vetoed by the Governor. In total over $800 million dollars in valuable education programs were vetoed from this year's budget including $500 million for the Rebuild Schools to Uphold Education program or (RESCUE) which would have helped schools expand and repair dilapidated classrooms.

In the aftermath of the Governor's vetoes, the Committee members heard from educators and parents across New York State who were stunned and concerned. In response, the Committee decided to hold two public hearings to allow people to voice these concerns and help the Committee evaluate the effect the vetoes would have on education in New York State. The hearings, entitled The Impact of the Governor's Veto Messages on Education in New York State were held on May 14, 1998, in New York City and on June 5, 1998, in Buffalo.

The Committee heard testimony from teachers, parents, and administrators. Topics which were discussed included the effect of the loss of funding on:

Overall, the Committee heard over 12 hours of testimony that demonstrated how severely the state's schools will be effected by these cuts. Advocates, parents, and school officials alike voiced concerns about the veto of the $500 million dollar RESCUE program that would have provided much needed funding to help repair and upgrade schools statewide. In addition, there was much talk about the critical need to support teachers by restoring the $77.5 million in Teacher Support Aid, and the funding for the New York State Mentor/Teacher Internship Program. The Committee urged participants to bring their concerns to the Governor as well. Moreover, this testimony assisted the Education Committee in shaping the focus of future debates.

The Clean Water/Clean Air Bond Act of 1996 included $125 million to fund Clean Air for Schools projects for elementary, middle and secondary schools. These projects are designed to improve air quality in and around schools by replacing coal-fired furnace systems with systems fired by gas or oil. In April 1997 it was announced that 22 schools located in New York City, Buffalo and Long Island were to share $22 million from fiscal year 1996-97 to replace coal-fired furnaces. In addition, the FY 97-98 Budget appropriated $25 million for this program.

At the same time, millions of dollars from the Petroleum Overcharge Restitutionary Funds have been allocated towards energy efficiency in schools. Also, the Power Authority of the State of New York's (PASNY) Energy Efficiency and Coal Conversion Pilot Program (EECP) was designated to assist the New York City Board of Education in accelerating its conversion of coal-fired boiler plants.

The successful implementation of the Clean Air for Schools coal conversion projects is dependent upon the cooperative effort of PASNY, the New York City Board of Education and the School Construction Authority. Accordingly, the Assembly Education Committee, in conjunction with the Assembly Standing Committee on Environmental Conservation, the Assembly Standing Committee on Energy, the Assembly Standing Committee on Corporations, Authorities, and Commissions, and the Assembly Subcommittee on Energy and Schools held a public hearing on February 5, 1998, entitled: Coal Conversion and Other Issues Affecting Energy and Schools.

The Committees received testimony regarding the status of this program and the tasks that each of the parties must complete to assure its timely implementation. In addition, the Committees received testimony assessing the status of current programs as well as information that will be helpful in determining which issues should be the focus of future efforts of the Subcommittee on Energy and Schools.

The New York City School Construction Authority was created in 1988 by the New York State Legislature to build and modernize the public schools for the New York City Board of Education. In 1997, 16-year old Yan Zhen Zhao was killed when an improperly placed brick fell from a school renovation site on the roof of P.S. 131 in Brooklyn. As a result of this young woman's death, and over a decade of criticism, the Committee took action and sponsored a hearing along with the Committee on Corporations, Authorities, and Commissions, and the Committee on Labor to examine the ten year history of the School Construction Authority. The hearing took place on December 9, 1998, at the New York State Office building in New York City. Testimony was heard from over 25 witnesses including Regent Harold Levy, Manhattan Borough President C. Virginia Fields, and School Construction Authority President Milo Riverso. Many parents, teachers, and union representatives also attended and testified. Witnesses addressed their comments to the following issues:

3. This year the Legislature adopted new provisions which require for the first time a uniform inspection, safety rating and monitoring system. What are some other practices that would ensure the highest possible safety of students and school building staff?

4. In its 1997 audit of the SCA, the Office of the State Comptroller determined that the SCA had not awarded construction contracts in accordance with its established procedures. The audit further found that the SCA lacked enforcement of cost controls and provided inconsistent work evaluations of completed projects. To what extent have these construction practices impacted the quality, safety, and cost of school construction in New York City?

It was clear at the end of the hearing that the Committees would need to continue to examine the issues facing the SCA, and possibly hold additional hearings in the near future.

Chapter 4 of the Laws of 1998 (A.11466) Authorizes the establishment of charter schools, public schools financed through local, state, and federal funds, that are independent from the local school board and exempt from many state laws.

Chapter 28 (A.9294-A, Tokasz) Sets election hours for the statewide school election vote to be at least six consecutive hours after six a.m., two of which must be after six p.m.

Chapter 107 (A.10727-A, Doran) Permits the Phelps-Clifton Springs Central School District to issue a revenue anticipation note for revenue receivable in June 1999.

Chapter 149 (A.11273, Sanders) Makes changes to the current process for NYC Community School Board Elections. Adds otherwise unregistered parents of children assigned to special education and the chancellor's district to the list of eligible voters, replaces the current system of paper ballots with voting machines, and eliminates proportional representation.

Chapter 178 (A.9461-B, Koon) Authorizes payment of transportation aid to the East Rochester Union Free School District for transportation contracts for the 1995-96 and 1996-97 school years.

Chapter 190 (A.9948-A, Guerin) Legalizes, validates and ratifies actions taken by the Rondout Valley Central School District relating to transportation contracts.

Chapter 208 (A.11004-A, Butler M.) Adjusts state aid payments to the Oppenheim-Ephratah Central School District.

Chapter 212 (A.10813, Little) Ratifies and confirms transportation contracts entered into by the Glens Falls Common School District.

Chapter 217 (A.11003, D'Andrea) Legalizes and ratifies actions taken by the Salem Central School District relating to transportation contracts.

Chapter 226 (A.11317, Sidikman) Adjusts certain state aid payments to the Westbury Union Free School District by legalizing, and ratifying certain transportation contracts of such district.

Chapter 336 (A.9339-A, Manning) Changes the name of the Copake-Taconic Hills Central School District to the Taconic Hills Central School District at Craryville, New York.

Chapter 353 (A.10181-A, Diaz) Permits children afflicted with asthma to use a prescribed inhaler freely throughout the school day without medical supervision.

Chapter 356 (A.11260, Colman) Extends the provisions of chapter 552 of the laws of 1995 that allows school districts to amend transportation contracts under certain circumstances.

Chapter 385 (A.11314, Sanders) Makes technical corrections to chapter 720 of the laws of 1996 relating to the reform of New York City school governance.

Chapter 400 (A.7750, Luster) Permits voters to cast ballots for library trustees.

Chapter 406 (A.8836-A, Miller) Authorizes payment of transportation aid to the Rhinebeck Central School District for the 1995-96 and 1996-97 school years.

Chapter 409 (A.9367, Warner) Authorizes payment of transportation aid to the city school district of the city of Binghamton for the 1991-92 and 1992-93 school years.

Chapter 460 (A.10867, Morelle) Authorizes the Finger Lakes Regional Education Center for Economic Development move its operation to another local education agency and directs the release of local funds generated by the center.

Chapter 472 (A.8481-B, Bragman) Authorizes school districts to award contracts for the lease of school buses and other vehicles for up to one year without voter approval, and up to five years with voter approval.

Chapter 511 (A.4442-D, Sanders) Extends the right to all teachers' aids to be placed on a preferred eligibility list if they are laid off as result of a transfer of a program from a BOCES to a school district or vice versa.

Pre-Kindergarten Expansion: 1998-99 marks the first $67 million (school year) installment of the four year effort to provide universal pre-kindergarten across New York State. Also included is an increase in the minimum per pupil aid amount to $2,700 per pupil, a clarification of the planning process, the requirement that priority be given to disadvantaged children and the authorization for transportation to be provided to pre-k students on a space-available basis.

Full-Day Kindergarten: Beginning in 1998-99, full-day kindergarten will become an aidable expense on a current year basis.

Minor Maintenance and Repair Aid: In 1998-99, $50 million in grants are provided to fund minor maintenance and repair projects of school districts. This grant program increases to $80 million by the year 2001-2002.

Building Aid: Beginning in school year 1998-99, all districts will receive an additive increase of 10% and have a regional cost factor applied to their building aid ratio.

Textbooks, Software and Hardware Aid: Increased by $5.65 million to $158.02 million.

Extended Day: In 1998-99, $15.2 million is provided for extended day program grants. These programs allow for the provision of extracurricular and enrichment activities. Such services may be provided in a collaborative manner, before or after school, on weekends or during the summer.

Instructional Technology Aid: Provides $9 million due to the creation of a new instructional technology aid which will allow districts to purchase instructional technology independently or through BOCES and receive the same level of reimbursement.

Staff Development: Beginning in 1998-99, the state provides $3.5 million in formula-based aid and $1.5 million for grant based aid. Non-component schools will now be offered access to BOCES staff development services and may also receive aid for staff support offered through institutions of higher education.

Operating and Transition Aids: Increased by $284.62 million over 1997-98. Greater aid is generated by amending the operating aid ratio, providing an increase to the comprehensive operating aid base, and raising the transition cap to 5.0%. New York City receives an increase of $103 million or 5% over 1997-98 in Operating and Transition Aids.

ERSSA: Increased by $14.07 million to $61.42 million. This program enables children to maintain their placement in general education settings by providing support services. New York City receives a $7.6 million, or 34.44% increase for Educationally Related Support Services Aid over 1997-98.

Limited English Proficiency: Maintained at present law generating an increase of $1.94 million over 1997-98 to $60.11 million. In addition, this funding was removed as an aid subject to transition. New York City receives a $1.6 million or 3.47% increase in Limited English Proficiency Aid over 1997-98.

Gifted and Talented: Maintained at present law, generating an increase of $1.25 million over 1997-98. In addition, this funding was removed as an aid subject to transition. New York City receives a $73,586 or 1.37% increase for Gifted and Talented Aid over 1997-98.

Public and Private Excess Cost Aid: Present law is maintained, generating an increase of $42.65 million. New York City receives a $10.2 million or 1.81% increase in Public and Private Excess Cost Aid over 1997-98.

Building Aid: Beginning in school year 1998-99, all districts will receive an additive increase of 10% and have a regional cost factor applied to their building aid ratio. New York City receives a $21.7 million or 10.33% increase in Building Aid over 1997-98.

Textbooks: Present law is preserved, increasing aid by $4.51 million to $131.70 million. New York City receives a $1.88 million or 3.55% increase in Textbook Aid over 1997-98.

Computer Software: Present law is preserved. Aid to New York City is decreased by $28,030 or .77% for Computer Software Aid over 1997-98.

Computer Hardware: Present law is preserved. New York City receives a $275,479 or 4.64% increase in Computer Hardware Aid over 1997-98.

Library Materials: Present law is preserved. In addition, the per pupil amount is scheduled to increase from $4.00 to $6.00 per pupil in 1999-2000. New York City receives a $295,367 or 5.81% increase in library materials aid over 1997-98.

BOCES Aid: Present law is preserved, generating an increase of $33.65 million over 1997-98.

Transportation Aid: Present law is preserved, generating an increase of $63.03 million over 1997-98. New York City receives a $29.2 million or 13.36% increase in Transportation Aid over 1997-98.

Reorganization Incentive Operating Aid: This aid is maintained at present levels.

STAR Payment Schedule: Included in the school aid plan are changes in the manner that aid from the STAR program is paid out. This provides for an expedited payment schedule.

Primary Mental Health Project: Aid for this program is maintained at $570,000.

VETO #

467
507
508
508
509
510
511
512
513
513
513
513
513
513
513
513
513
514
514
514
514
514
514
514
514
514
514
514
514
516
517
518
519
520

521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
735
736
778
737-777

TOTAL

PROGRAM

Teacher Support Aid
SED Staffing for Facilities Planning
Teacher Centers
National Teacher Standards Certification Board
Teacher Mentor Intern
Adult literacy
Workplace Literacy
Primary Mental Health Project
Buffalo Student Information Systems
Rochester Student Information Systems
Syracuse Student Information Systems
Yonkers Student Information Systems
Mt. Vernon Magnet School
New Rochelle Magnet School
Utica Magnet School
White Plains Magnet School
Buffalo Magnet School
CSD8, Bronx
CSD 11, Bronx
CSD 31
Finger Lakes Educational Center
Institute For Community Development
Mount Vernon School District
New Rochelle School District
Pelham School District
I.S. 192
School District 14, Yonkers
Aesthetic Education
Rural Education Advisory Council
Innovative Directions (IDEA)
New School
Partners In After School Eduction (PASE)
Comprehensive Intervention Pilots
AP Exam Applications Offset For
Disadvantaged Students
Environmental Education
Parent Training
Parent Training For Community School District One
Consortium For Worker Education
David Dinkins Center
Metropolitan Athletic Congress
Lottery Appropriation
GED Examination Grading & Administration
Increased Funding For Bundy Aid
STEP/CSTEP
Higher Education Opportunities Program
Teacher Opportunity Corps
NYU/Columbia Dental Clinics
Inst. For Local Governance & Reg. Growth
NYS Pre & Post Freshmen Program
Business Assistance Teams
NYS Collectibles Series
Electronic Doorway Library
Public Television
COLA Case Services/Supported Employment
Independent Living Centers
New School For Social Research
NY Public Library
Rescue Program
Reappropriations

APPROPRIATION

54,250,000
250,000
5,000,000
1,000,000
14,000,000
1,000,000
123,910
80,000
525,000
227,500
192,500
175,000
105,000
210,000
350,000
210,000
350,000
100,000
100,000
200,000
90,000
868,750
30,000
30,000
30,000
20,000
15,000
850,000
100,000
100,000
50,000
5,000,000
1,500,000

300,000
500,000
500,000
200,000
750,000
130,000
510,000
40,000,000
500,000
5,000,000
2,500,000
5,600,000
2,000,000
750,000
350,000
4,000,000
1,500,000
25,000
3,000,000
250,000
905,000
1,500,000
1,000,000
1,000,000
500,000,000
169,757,981

829,660,641

Final Action	Assembly Bills	Senate Bills	Total Bills

Bills Reported With or Without Amendment

To Floor; not returning to Committee	2	0	2
To Floor; recommitted and died	0	0	0
To Ways and Means Committee	49	0	49
To Codes Committee	7	0	7
To Rules Committee	10	0	10
To Judiciary Committee	0	0	0

Total	68	0	68

Substituted Recalled Total	0 0 0	7 1 8	7 1 8
Bills Defeated in Committee	0	0	0
Bills Never Reported, Held in Committee	0	0	0
Bills Never Reported, Died in Committee	0	18	332
Bills Having Enacting Clauses Stricken	2	0	2
Motion to Discharge Lost	0	0	0
Total Bills in Committee	396	26	422
TOTAL NUMBER OF COMMITTEE MEETINGS HELD	11