NY State Senate Bill 2009-S2908

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Mar 05, 2009	referred to education

co-Sponsors

2009-S2908 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §2116-d, amd §3003, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4402

2009-S2908 (ACTIVE) - Summary

Increases the qualifications for school business officials, to better ensure fiscal accountability within school districts; school business officials shall be required to have: a post graduate degree in finance, accounting or related field; completed a semester long internship or fellowship focused on school financing or within a school business office; and participated in annual professional development classes

2009-S2908 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2908

 TITLE OF BILL :

An act to amend the education law, in relation to increasing the
qualifications for school district business officials


 PURPOSE OR GENERAL IDEA OF BILL :

To increase the qualification requirements for school business
officials in order to ensure fiscal accountability within school
districts.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the Education Law by adding a new §2116-d. The new
section:

* requires school boards and BOCES to employ a certified school
business leader.

* stipulates that any employment contract of a school official
responsible for the business operation of the school district require
continuing education in accounting or finance and professional
development courses approved by the commissioner.

* clarifies that only certified school district business leaders are
eligible for BOCES aid.

Section 2 amends §3003 of the Education Law, by amending subdivision 5
of §3003 and adding a new subdivision 6. It establishes certification
requirements for school business officials, which include:

* at least twenty-four semester hours of graduate courses in
accounting and/or finance;

* successful completion of an examination to assess the candidate's
knowledge in basic budgeting and accounting principles and state and
federal regulations relating to school finance;

* and the completion of an internship that includes full-time
experience at least fifteen weeks in duration.

This section also:

* authorizes the commissioner to waive the coursework and internship
requirements for candidates who prove to be exceptionally qualified.

* requires the commissioner to establish continuing education
requirements for certified school business leaders.

Section 3 establishes the effective date of the first of July next
succeeding the date on which this act shall have become law.

 JUSTIFICATION :

New York State's taxpayers invest nearly $40 billion per year for
education in New York State. The state's investment in education is
significant, both in purpose and in size. In fact, the U.S. Census
Bureau ranked New York State as the
2 state in per pupil spending.  According to the U.S. Census Bureau
New York State spends an average of $12,981 per pupil, over $4,000
above the national average. At the same time, adequacy in education
has become increasingly reliant on efficiency in spending. As rising
labor and energy costs squeeze school districts' discretionary funds,
school business officials play a greater role in a district's ability
to advance innovative programs. It is important to ensure that school
district funds are managed by qualified individuals.  New York
taxpayers make a significant investment in public education.  Any
laxity in regulating the management of school finances, places student
achievement and public trust at risk.

 PRIOR LEGISLATIVE HISTORY :

Included in Part H, §34 and §45, of Budget Article VII bill A.9558
of2006. The Budget Article VII bill was amended and signed Chapter 58
of2006, devoid of this proposal.  2007-08: Senate Education Committee

 FISCAL IMPLICATIONS :

This bill would have minimal to no fiscal impact on the state. It
might result in an initial increase in personnel costs to school
districts as a result of these enhanced qualifications. However, the
increased fiscal expertise could result in long run savings to school
districts and taxpayers.

 EFFECTIVE DATE :
July next succeeding the date on which this act shall have become law.

2009-S2908 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2908

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, ALESI, MORAHAN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT to amend the education law, in relation to increasing the quali-
  fications for school district business officials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 2116-d
to read as follows:
  S  2116-D.  SCHOOL  DISTRICT BUSINESS OFFICIALS.  1. ON AND AFTER JULY
FIRST, TWO THOUSAND ELEVEN, THE BOARD OF EDUCATION  OR  OTHER  GOVERNING
BOARD  OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL BE REQUIRED TO EMPLOY A CERTIFIED SCHOOL BUSINESS LEADER WHO MEETS
THE REQUIREMENTS OF SUBDIVISION SIX OF SECTION THREE THOUSAND  THREE  OF
THIS  CHAPTER  AS  THE  CHIEF  SCHOOL BUSINESS OFFICIAL OF THE DISTRICT,
EXCEPT THAT AN INCUMBENT WHO IS SERVING AS  THE  CHIEF  SCHOOL  BUSINESS
OFFICIAL  ON  SUCH DATE AS A DEPUTY, ASSISTANT, OR ASSOCIATE SUPERINTEN-
DENT FOR BUSINESS OR OTHER CERTIFIED SCHOOL ADMINISTRATOR HAVING PROFES-
SIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT,
OR IN A POSITION IN THE CLASSIFIED CIVIL SERVICE AS  A  SCHOOL  BUSINESS
MANAGER OR THE EQUIVALENT, MAY CONTINUE TO BE EMPLOYED IN SUCH CAPACITY,
PROVIDED  THAT  SUCH  INDIVIDUAL  SUCCESSFULLY COMPLETES THE EXAMINATION
PRESCRIBED BY THE COMMISSIONER PURSUANT TO PARAGRAPH  B  OF  SUBDIVISION
SIX  OF  SECTION THREE THOUSAND THREE OF THIS CHAPTER NO LATER THAN JUNE
THIRTIETH, TWO THOUSAND THIRTEEN.
  2. EVERY EMPLOYMENT CONTRACT ENTERED INTO, AMENDED OR EXTENDED BY  THE
TRUSTEES  OF  THE  BOARD OF EDUCATION OF A SCHOOL DISTRICT OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES ON OR AFTER JULY  FIRST,  TWO  THOUSAND
NINE  WITH  A  DEPUTY  SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSOCIATE
SUPERINTENDENT OF SCHOOLS  FOR  BUSINESS,  ASSISTANT  SUPERINTENDENT  OF
SCHOOLS  FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPONSIBILITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04325-02-9

S. 2908                             2

FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT OR WITH AN  INDIVIDUAL
EMPLOYED  IN  A  CLASSIFIED  CIVIL SERVICE POSITION AS A SCHOOL BUSINESS
MANAGER OR THE EQUIVALENT SHALL INCLUDE A  CLAUSE  REQUIRING  THAT  SUCH
EMPLOYEE  COMPLETE  THE  REQUIRED  CONTINUING  EDUCATION  COURSEWORK  IN
ACCOUNTING AND/OR FINANCE AND PROFESSIONAL DEVELOPMENT COURSES  APPROVED
BY THE COMMISSIONER IN EACH YEAR OF THE CONTRACT.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ON AND AFTER JULY FIRST,  TWO  THOUSAND  ELEVEN,  EXPENSES
INCURRED  BY  SCHOOL  DISTRICTS  OR  BOARDS  OF  COOPERATIVE EDUCATIONAL
SERVICES FOR THE SHARING OF PERSONNEL TO SERVE AS A  DEPUTY  SUPERINTEN-
DENT  OF  SCHOOLS  FOR BUSINESS, ASSOCIATE SUPERINTENDENT OF SCHOOLS FOR
BUSINESS, ASSISTANT SUPERINTENDENT OF  SCHOOLS  FOR  BUSINESS  OR  OTHER
PERSON  HAVING PROFESSIONAL RESPONSIBILITY FOR THE BUSINESS OPERATION OF
THE SCHOOL DISTRICT SHALL NOT BE ELIGIBLE FOR AID PURSUANT  TO  SUBDIVI-
SION  FIVE  OF SECTION NINETEEN HUNDRED FIFTY OR PARAGRAPH I OF SUBDIVI-
SION FOURTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER  OR  ANY
OTHER  PROVISIONS  OF  LAW  PROVIDING  AID  FOR THE SHARING OF SERVICES,
UNLESS SUCH SHARED EMPLOYEE IS CERTIFIED AS A SCHOOL  DISTRICT  BUSINESS
LEADER  PURSUANT  TO  SUBDIVISION SIX OF SECTION THREE THOUSAND THREE OF
THIS CHAPTER.
  S 2. Subdivision 5 of section 3003 of the education law, as  added  by
chapter  639  of the laws of 1990, is amended and a new subdivision 6 is
added to read as follows:
  5. [The] FOR CANDIDATES WHO APPLY FOR A CERTIFICATE ON OR  BEFORE  THE
FIRST  DAY  OF SEPTEMBER, TWO THOUSAND TEN, THE commissioner may provide
for the issuance of a certificate  as  deputy,  associate  or  assistant
superintendent for business to any qualified person who meets all of the
requirements  of subdivision one of this section, except those contained
in paragraph b of subdivision one of this section.
  6. A. FOR CANDIDATES WHO APPLY FOR  A  CERTIFICATE  ON  OR  AFTER  THE
SECOND  DAY  OF  SEPTEMBER,  TWO  THOUSAND  TEN,  THE COMMISSIONER SHALL
PROVIDE FOR THE ISSUANCE OF  A  PROFESSIONAL  CERTIFICATE  AS  A  SCHOOL
DISTRICT BUSINESS LEADER (DEPUTY SUPERINTENDENT OF SCHOOLS FOR BUSINESS,
ASSOCIATE  SUPERINTENDENT OF SCHOOLS FOR BUSINESS, ASSISTANT SUPERINTEN-
DENT OF SCHOOLS FOR BUSINESS OR OTHER PERSON HAVING PROFESSIONAL RESPON-
SIBILITY FOR THE BUSINESS OPERATION OF THE SCHOOL DISTRICT)  IN  ACCORD-
ANCE  WITH THIS SUBDIVISION TO ANY QUALIFIED PERSON WHO MEETS ALL OF THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, EXCEPT THOSE  CONTAINED
IN  PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, AND THE REQUIREMENTS
OF THIS SUBDIVISION.
  B. THE COMMISSIONER SHALL REQUIRE THAT AT LEAST  TWENTY-FOUR  SEMESTER
HOURS  OF THE GRADUATE COURSES REQUIRED UNDER PARAGRAPH A OF SUBDIVISION
ONE OF THIS SECTION BE IN ACCOUNTING AND/OR FINANCE  COURSES  DETERMINED
BY  THE  COMMISSIONER  TO BE RELEVANT TO THE EFFECTIVE MANAGEMENT OF THE
FISCAL RESOURCES OF A  SCHOOL  DISTRICT.  THE  COMMISSIONER  SHALL  ALSO
REQUIRE  CANDIDATES  TO  SUCCESSFULLY  COMPLETE AN EXAMINATION THAT WILL
ASSESS THE CANDIDATE'S KNOWLEDGE OF BASIC BUDGETING AND ACCOUNTING PRIN-
CIPLES AND THE STATE AND FEDERAL LAWS AND REGULATIONS RELATING TO SCHOOL
FINANCE, WHEN SUCH EXAMINATION BECOMES AVAILABLE. THE COMMISSIONER SHALL
ALSO REQUIRE THAT CANDIDATES COMPLETE AN INTERNSHIP REQUIREMENT AS  PART
OF  THEIR  GRADUATE  PROGRAM  THAT INCLUDES A FULL-TIME EXPERIENCE OF AT
LEAST FIFTEEN WEEKS IN DURATION.
  C. THE COMMISSIONER SHALL ESTABLISH AN  ALTERNATIVE  PATHWAY  TO  SUCH
CERTIFICATION,  WHEREBY  A CANDIDATE WHO FULFILLS ALL OTHER REQUIREMENTS
SHALL BE DEEMED TO MEET THE COURSEWORK AND INTERNSHIP REQUIREMENTS FOR A

S. 2908                             3

PROFESSIONAL CERTIFICATE IF HE OR SHE HOLDS A MASTER'S DEGREE  IN  BUSI-
NESS ADMINISTRATION OR A MASTER'S DEGREE IN ACCOUNTING.
  D.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT A WAIVER  OF
THE  COURSEWORK  AND  INTERNSHIP REQUIREMENTS FOR A PROFESSIONAL CERTIF-
ICATE TO CANDIDATES WHO, UPON REVIEW OF THEIR TRANSCRIPT AND EXPERIENCE,
ARE DETERMINED BY THE COMMISSIONER  TO  BE  EXCEPTIONALLY  QUALIFIED  TO
SERVE AS A SCHOOL DISTRICT BUSINESS LEADER.
  E.  THE COMMISSIONER SHALL ALSO REQUIRE THAT THE PROFESSIONAL DEVELOP-
MENT REQUIRED UNDER THE REGULATIONS OF THE COMMISSIONER OF  ALL  CERTIF-
ICATE  HOLDERS  TO  MAINTAIN  A  PROFESSIONAL  CERTIFICATE  AS  A SCHOOL
DISTRICT  BUSINESS  LEADER  ANNUALLY  INCLUDE  A  MAJORITY  ANNUALLY  OF
APPROVED COURSEWORK IN ACCOUNTING AND/OR FINANCE.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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Senate Bill S2908

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2009-S2908 (ACTIVE) - Details

2009-S2908 (ACTIVE) - Summary

2009-S2908 (ACTIVE) - Sponsor Memo

2009-S2908 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2908

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

James S. Alesi

Thomas P. Morahan

2009-S2908 (ACTIVE) - Details

2009-S2908 (ACTIVE) - Summary

2009-S2908 (ACTIVE) - Sponsor Memo

2009-S2908 (ACTIVE) - Bill Text download pdf

Comments