New York Laws
Part 1 - General Organization
211-D - Contract for Excellence.

(ii) In a common, union free, central, central high school, or a city
school district in a city having less than one hundred twenty-five
thousand inhabitants, required to prepare a contract for excellence
pursuant to subdivision one of this section and, as of April first of
the base year, has at least one school identified as in corrective
action or restructuring status or requiring academic progress: year
three or above, each contract for excellence shall describe how the sum
of the amounts apportioned to the school district in the current year as
total foundation aid, in excess of one hundred four percent of the
district's foundation aid base, as adjusted for additional amounts
payable as charter school basic tuition over such amount payable in the
base year, shall be used to support new programs and new activities or
redesign or expand the use of programs and activities demonstrated to
improve student achievement; provided however, up to thirty-five percent
of additional funding received in the current year may be used to
maintain investments in the programs and activities listed in paragraph
a of subdivision three of this section.
(iii) In a city school district in a city having a population of one
hundred twenty-five thousand or more inhabitants but less than one
million inhabitants that either receives a supplemental educational
improvement plan grant or is required to submit a contract for
excellence based solely upon the criteria specified in paragraph b of
subdivision one of this section, each contract for excellence shall
describe how the sum of the amounts apportioned to the school district
in the current year as total foundation aid, and as supplemental
educational improvement plan grants, in excess of one hundred four
percent of such aid apportioned to the district in the base year, as
adjusted for additional amounts payable as charter school basic tuition
over such amount payable in the base year, shall be used to support new
programs and new activities or redesign or expand the use of programs
and activities demonstrated to improve student achievement; provided
however, up to fifty percent of additional funding received in the
current year may be used to maintain investments in the programs and
activities listed in paragraph a of subdivision three of this section.
(iv) In a city school district in a city having a population of one
hundred twenty-five thousand or more inhabitants but less than one
million inhabitants that satisfies the criteria specified in paragraph a
of subdivision one of this section and does not receive a supplemental
educational improvement plan grant, each contract for excellence shall
describe how the sum of the amounts apportioned to the school district
in the current year as total foundation aid, in excess of one hundred
three percent of the district's foundation aid base, as adjusted for
additional amounts payable as charter school basic tuition over such
amount payable in the base year, shall be used to support new programs
and new activities or expand the use of programs and activities
demonstrated to improve student achievement; provided however, up to
twenty-five percent of additional funding received in the current year
may be used to maintain investments in the programs and activities
listed in paragraph a of subdivision three of this section.
(v) In a city school district in a city having a population of one
million or more inhabitants, each contract for excellence shall describe
how the amounts apportioned to the school district in the current year
as total foundation aid and academic achievement grants, in excess of
one hundred three percent of the district's foundation aid base, shall
be used to support new programs and new activities or expand the use of
programs and activities demonstrated to improve student achievement;
provided however, up to thirty million dollars or twenty-five percent of
additional funding received in the current year, whichever is less, may
be used to maintain investments in the programs and activities listed in
paragraph a of subdivision three of this section.
(vi) Each contract for excellence for a school district that was
required to prepare a contract for excellence in the base year shall
provide for the expenditure of an amount equivalent to the total
budgeted amount approved by the commissioner in the district's approved
contract for excellence for the base year; provided that such amount
shall be expended to support and maintain allowable programs and
activities approved in the base year or to support new or expanded
allowable programs and activities in the current year.
(vii) (A) Notwithstanding any other provision of this section to the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two
thousand eight--two thousand nine school year and is required to submit
a contract for excellence for the two thousand nine--two thousand ten
school year but did not fully expend all of its two thousand seven--two
thousand eight foundation aid subject to the contract for excellence

restrictions during the two thousand seven--two thousand eight school
year may re-allocate and expend such unexpended funds during the two
thousand eight--two thousand nine and two thousand nine--two thousand
ten school years for allowable contract for excellence programs and
activities as defined in subdivision three of this section in a manner
prescribed by the commissioner. For purposes of determining maintenance
of effort pursuant to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds expended pursuant
to this subparagraph shall be included in the total budgeted amount
approved by the commissioner in the district's contract for excellence
for the two thousand seven--two thousand eight school year; provided
that such amount shall not be counted more than once in determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
(B) Notwithstanding any other provision of this section to the
contrary, a school district that submitted a contract for excellence for
the two thousand nine--two thousand ten school year but did not fully
expend all of its two thousand nine--two thousand ten foundation aid
subject to the contract for excellence restrictions during the two
thousand nine--two thousand ten school year may re-allocate and expend
such unexpended funds during the two thousand eleven--two thousand
twelve school year for allowable contract for excellence programs and
activities as defined in subdivision three of this section in a manner
prescribed by the commissioner; provided that such amount shall not be
counted more than once in determining any maintenance of effort pursuant
to this section.
b. (i) The contract shall specify the new or expanded programs for
which additional amounts of such total foundation aid, or grant shall be
used and shall affirm that such programs shall predominately benefit
students with the greatest educational needs including, but not limited
to, those students with limited English proficiency, students in poverty
and students with disabilities.
(ii) (A) In a city school district in a city having a population of
one million or more inhabitants such contract shall also include a plan,
which shall be developed in collaboration with the collective bargaining
units representing teachers and the principals beginning in September
two thousand twenty-two and signed off on by the chancellor and the
presidents of each bargaining unit, to reduce actual class sizes,
beginning September two thousand twenty-three and to be achieved by
September two thousand twenty-eight for all classes, with the exception
of physical education and performing groups, as follows: (1)
kindergarten-third grade to have no more than twenty students per class;
(2) fourth-eighth grade to have no more than twenty-three students per
class; and (3) high school to have no more than twenty-five students per
class. Physical education and performing groups shall have no more than
forty students per class at all levels. Each year of the plan, an
additional twenty percent of the classrooms in the city school district,
excluding special education classes, shall be in compliance with the
class size targets such that the city school district is in full
compliance by two thousand twenty-eight and all classes should maintain
the target class size. The class size reduction plan shall prioritize
schools serving populations with higher poverty levels.
(B) The class size reduction plan shall include any exemptions to the
class size targets. These exemptions shall be limited to: (1) space; (2)
over-enrolled students; (3) license area shortages; and (4) severe
economic distress. Any such exemptions shall be approved by the
chancellor and the presidents of the collective bargaining units
representing the teachers and the principals as part of the class size

reduction plan. Should the chancellor and the presidents of the
collective bargaining units representing the teachers and the principals
be unable to reach agreement on the exemptions after thirty days, the
issue shall be determined by an arbitrator. In addition, any exemption
based on available space shall include a reference to the capital budget
to demonstrate that the budget is aligned with resolving the exemption
status. Exempted classes, for the years in which they are exempt, and
special education classes shall not count toward the twenty percent
target.
(C) The class size reduction plan shall also include the methods to be
used to achieve the class size targets, such as the creation or
construction of more classrooms and school buildings, the placement of
more than one teacher in a classroom or methods to otherwise reduce the
student to teacher ratio, but only as a temporary measure until more
classrooms are made available in conformance with the plan. For elective
and specialty classes, the collective bargaining unit representing
teachers may negotiate class sizes higher than the targets if such
increase is approved by a majority of the staff in the school.
(iii) A city school district in a city having a population of one
million or more inhabitants shall prepare annual reports, on the dates
set forth below, to the commissioner on the status of the implementation
of its plan to reduce actual class sizes pursuant to subparagraph (ii)
of this paragraph. Such report shall be publicly released and posted on
the city school district's website, identifying all schools that
received funds targeted at class size reduction efforts pursuant to the
requirements of this section and providing the following information
regarding such schools:
(A) the amount of contract for excellence funds received by each
school and the school year in which it received such funds;
(B) a detailed description of how contract for excellence funds
contributed to achieving class size reduction in each school that
received such funding including specific information on the number of
classes in each school that existed prior to receiving contract for
excellence funds and the number of new classes that were created in each
school for each year such funding was received, the number of classroom
teachers that existed in each school prior to receiving contract for
excellence funds and the number of new classroom teachers in each school
for each year such funding was received, the student to teacher ratio in
each school prior to receiving contract for excellence funds and the
student to teacher ratio in each school for each year such funding was
received;
(C) the actual student enrollment for the current school year and the
projected student enrollment for the upcoming school year for each
school by grade level;
(D) the actual class sizes for the current school year, and the
projected class sizes for the upcoming school year for each school by
grade level;
(E) the annual capital plan for school construction and leasing to
show how many classrooms will be added in each year and in which schools
and districts to achieve the class size targets;
(F) how the school capacity and utilization formula is aligned to the
class size targets in the city school district's class size reduction
plan; and
(G) the schools that have made insufficient progress toward achieving
the class size reduction targets set forth in the approved class size
reduction plan pursuant to subparagraph (ii) of this paragraph and a
detailed description of the actions that will be taken to reduce class
sizes in such schools.

The report shall be submitted to the commissioner on or before
November fifteenth two thousand twenty-three and on or before November
fifteenth of each year thereafter and made available to the public by
such date on the city school district's website. If the department
determines that the November fifteenth report does not demonstrate
sufficient decreases in class size, the department shall issue a letter
making that determination public on its website and the city school
district shall immediately submit a plan for corrective action, which
shall be developed in collaboration with the collective bargaining units
representing the teachers and the principals and signed off on by the
chancellor and the president of each collective bargaining unit. The
city school district's corrective action plan shall also be made
available to the public on the city school district's website upon
submission to the department. The final corrective action plan shall be
made available to the public upon approval by the department. The report
shall also be certified by the state or city comptroller that the city
school district's capital and education funding plans will provide
sufficient space and staffing for the reduction in class size set forth
in this paragraph and, if not, what measures and/or funding should be
added to the plan to achieve such targets.
(iv) Provided the commissioner approves and the city school district
remains in compliance with the class size reduction plan, as set forth
herein, the state shall take such compliance into consideration when
determining increases in foundation aid.
(v) In addition to the annual reports, the city school district shall
submit a financial impact statement on November fifteenth, two thousand
twenty-five. The financial impact statement may recommend a pause of the
class size reduction plan, but in no event may it result in a roll back
or increase in class sizes.
c. The contract for excellence shall state, for all funding sources,
whether federal, state or local, the instructional expenditures per
pupil, the special education expenditures per pupil, and the total
expenditures per pupil, projected for the current year and actually
incurred in the base year.
3. a. The commissioner shall adopt regulations establishing allowable
programs and activities intended to improve student achievement which
shall be limited to: (i) class size reduction, (ii) programs that
increase student time on task, including but not limited to, academic
after-school programs, (iii) teacher and principal quality initiatives,
(iv) middle school and high school re-structuring, (v) expansion or
replication of effective model programs for students with limited
English proficiency, and (vi) full-day kindergarten or prekindergarten.
Provided, however, that districts may use up to fifteen percent of the
additional funding they receive for experimental programs designed to
demonstrate the efficacy of other strategies to improve student
achievement consistent with the intent of this section and, in school
year two thousand seven--two thousand eight, up to thirty million
dollars or twenty-five percent of such additional funding, whichever is
less, may be used to maintain investments in programs and activities
listed in this subdivision. Any such district seeking to implement an
experimental program shall first submit a plan to the commissioner
setting forth the need for such experimental program and how such
program will improve student performance.
b. The commissioner shall assist school districts that include in
their contract for excellence the implementation of incentives,
developed in collaboration with teachers in the collective bargaining
process, for highly qualified and experienced teachers to work in low
performing schools to ensure that such incentives are effective.

4. a. A district's contract for excellence for the academic year two
thousand eight--two thousand nine and thereafter, shall be developed
through a public process, in consultation with parents or persons in
parental relation, teachers, administrators, and any distinguished
educator appointed pursuant to section two hundred eleven-c of this
chapter.
b. Such process shall include at least one public hearing. In a city
school district in a city of one million or more inhabitants, a public
hearing shall be held within each county of such city. A transcript of
the testimony presented at such public hearings shall be included when
the contract for excellence is submitted to the commissioner, for review
when making a determination pursuant to subdivision five of this
section.
c. In a city school district in a city of one million or more
inhabitants, each community district contract for excellence shall be
consistent with the citywide contract for excellence and shall be
submitted by the community superintendent to the community district
education council for review and comment at a public meeting.
* d. For the two thousand seven--two thousand eight school year,
school districts shall solicit public comment on their contracts for
excellence.
* NB Effective until July 1, 2023
* d. In a city school district in a city of one million or more in-
habitants, the public process set forth in paragraphs a through c of
this subdivision shall commence no later than thirty days after a state
budget is enacted each year and be completed no later than thirty days
after its commencement. Notice of the public process shall be provided
fifteen days prior to the commencement of the first public hearing and
shall be posted on the city school district's website as well as
transmitted via email to school administrators, parent and teacher
organizations, and elected officials. The proposed plan shall be
submitted for state approval within two weeks following the completion
of the public process. The proposed plan shall be posted on the city
school district's website within twenty-four hours of its submission
along with a summary of the public comments and the city school
district's explanation and reasons for which public comments were
incorporated into the proposed plan and which public comments were not
incorporated into the proposed plan.
* NB Effective July 1, 2023
5. a. Each contract for excellence shall be subject to approval by the
commissioner and his or her certification that the expenditure of
additional aid or grant amounts is in accordance with subdivision two of
this section.
b. In a city school district of one million or more inhabitants, upon
approval of the contract for excellence, one-third of the contract for
excellence funds shall be released to the city school district. The
remainder of the funds shall be released to the city school district
upon submission of the November fifteenth report described in
subdivision two of this section, only if such report demonstrates
sufficient reduction in class sizes, and the remainder of the funds
shall be released upon submission by the city school district of the
corrective action plan described in subdivision two of this section. In
the years following a year which required a corrective action plan
pursuant to subdivision two of this section, no contract for excellence
funds shall be provided by the state until and unless such corrective
action plan has been fully implemented.
6. The school district audit report certified to the commissioner by
an independent certified public accountant, an independent accountant or

the comptroller of the city of New York pursuant to section twenty-one
hundred sixteen-a of this chapter shall include a certification by such
accountant or comptroller in a form prescribed by the commissioner and
that the increases in total foundation aid and supplemental educational
improvement plan grants have been used to supplement, and not supplant
funds allocated by the district in the base year for such purposes.
7. The trustees or board of education of each school district subject
to this section, or the chancellor in the case of a city school district
in a city of one million or more inhabitants, shall assure that
procedures are in place by which parents or persons in parental relation
may bring complaints concerning implementation of the district's
contract for excellence.
a. In a city school district in a city of one million or more
inhabitants, such procedures shall provide that complaints may be filed
with the building principal with an appeal to the community
superintendent, or filed directly with the community superintendent, and
that any appeal of the determination of a community superintendent shall
be made to the chancellor.
b. In all other districts, such procedures shall either provide for
the filing of complaints with the building principals with an appeal to
the superintendent of schools or for filing of the complaint directly
with the superintendent of schools, and shall provide for an appeal to
the trustees or board of education from the determination of the
superintendent of schools.
c. The determination of the trustees or a board of education or the
chancellor may be appealed to the commissioner pursuant to section three
hundred ten of this title.
8. School districts subject to the provisions of this section shall
publicly report the expenditure of total foundation aid in the form and
manner prescribed by the commissioner which shall ensure full disclosure
of the use of such funds.
9. The department shall develop a methodology for reporting
school-based expenditures by all school districts subject to the
provisions of this section.

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