senate Bill S1583A

Prohibits contracts with out-of-state school districts in relation to aidable shared service

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO EDUCATION
  • 01 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 13 / Jan / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 13 / Jan / 2012
    • PRINT NUMBER 1583A
  • 20 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1373
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO EDUCATION

Summary

Prohibits contracts with out of state school districts in relation to aidable shared service.

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Bill Details

See Assembly Version of this Bill:
A115A
Versions:
S1583
S1583A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง1950, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S4966, A7720

Sponsor Memo

BILL NUMBER:S1583A

TITLE OF BILL:
An act
to amend the education law, in relation to the prohibition
of
out-of-state school contracts

PURPOSE:
This legislation seeks to clarify the power and duty of the board of
cooperative educational services to enter into contracts with
out-of-state school districts to provide services to said districts,
while specifying that no approved service that shall be provided to
an out-of-state district shall be approved as an aidable shared service.

SUMMARY OF PROVISIONS:
Section one amends paragraphs (d) and (h) of subdivision four of
section 1950 of the education law by adding a new sentence to the end
of subparagraph two of paragraph (d), which states that the
commissioner of education shall not approve any services provided to
an out-of-state school district as an aidable shared service, and by
adding a new subparagraph eight to paragraph (h), which gives the
board of cooperative educational services the ability to enter into
contracts with out-of-state school districts in order to provide
services to said districts.

Section two provides the effective date.

JUSTIFICATION:
The Board of Cooperative Educational Services (BOCES), a public
organization established over forty years ago by the New York State
Legislature, is unique to New York. It was created for the primary
purpose of providing school districts with a program of shared
services that would be prohibitively expensive if those services were
funded by each individual school district. Thousands of students in
special education and career and technical education have benefited
from BOCES programs.
Teachers and school administrators have benefited from BOCES support
services including computer technology, curriculum and instruction,
health and safety, transportation, human resources, payroll and
record keeping, test analyses and athletics.

Bordering states have found that BOCES programs are well suited to the
needs of their students and staff, are cost effective, and are
geographically more convenient to their districts than their in-state
programs.
Since the law is silent as to whether BOCES can provide its shared
service programs to out-of-state school districts, for many years
BOCES had been providing them services. Due to a recent
interpretation of the law by the State Education Department (SED),
BOCES programs were told to stop the practice.

This bill clarifies that BOCES may provide shared services programs to
these districts with the approval of the District superintendent and
the commissioner of Education. By allowing BOCES to provide shared
services to out-of-state school districts, significant benefits will


result.
BOCES operates on an economy of scale basis, i.e., the greater the
number of users, the less expensive it is for each. BOCES also
operates on the common business demand/supply model whereby services
are provided only if the demand is sufficient to provide a program at
a reasonable cost. If demand drops, then BOCES must eliminate the
program even if the program is tailored to the unique needs of a
student or school district, or if BOCES is the only provider within a
reasonable distance from the school district.

Authorizing BOCES to serve out-of-state school districts will benefit
all interested stakeholders. Classes will remain full at a lower cost
to the school districts, students will have more options to choose
from in all program areas, curriculum and instruction programs and
technical support programs may be expanded, fewer programs will be
dropped for lack of enrollment and, most importantly, New York school
districts will be able to decrease their own costs for shared services.

LEGISLATIVE HISTORY:
S.4966/A.7720 of 2009-2010 - Passed Senate
01/10/11 REFERRED TO EDUCATION
03/01/11 REPORTED AND COMMITTED TO FINANCE
01/04/12 REFERRED TO EDUCATION

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 1583--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens. OPPENHEIMER, DIAZ, KLEIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the education law, in relation to the prohibition of
  out-of-state school contracts

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

  Section  1.  Subparagraph 2 of paragraph d of subdivision 4 of section
1950 of the education law, as added by chapter 474 of the laws of  1996,
is  amended  and a new subparagraph 8 is added to paragraph h to read as
follows:
  (2) Certain services prohibited. Commencing with the nineteen  hundred
ninety-seven--ninety-eight  school  year,  the commissioner shall not be
authorized to approve as an aidable  shared  service  pursuant  to  this
subdivision  any cooperative maintenance services or municipal services,
including but not limited to, lawn mowing services and  heating,  venti-
lation or air conditioning repair or maintenance or trash collection, or
any  other  municipal  services  as  defined by the commissioner. On and
after the effective date of this paragraph, the commissioner  shall  not
approve,  as  an aidable shared service, any new cooperative maintenance
or municipal services for the nineteen hundred  ninety-six--ninety-seven
school year, provided that the commissioner may approve the continuation
of  such services for one year if provided in the nineteen hundred nine-
ty-five--ninety-six school year.  ON AND AFTER THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE WHICH AMENDED  THIS  SUBPARA-
GRAPH, THE COMMISSIONER SHALL NOT APPROVE, AS AN AIDABLE SHARED SERVICE,
ANY  SERVICE PROVIDED TO AN OUT-OF-STATE SCHOOL DISTRICT PROVIDED PURSU-
ANT TO SUBPARAGRAPH EIGHT OF PARAGRAPH H OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00909-02-2

S. 1583--A                          2

  (8) TO ENTER INTO CONTRACTS WITH OUT-OF-STATE SCHOOL  DISTRICTS,  WITH
THE  APPROVAL  OF THE DISTRICT SUPERINTENDENT OF SCHOOLS AND THE COMMIS-
SIONER IN THEIR SOLE DISCRETION, TO PROVIDE SERVICES MADE  AVAILABLE  TO
ANY  SCHOOL  DISTRICT WITHIN THE SUPERVISORY DISTRICT UPON SUCH TERMS AS
DETERMINED  BY  THE  COMMISSIONER IN RULES AND REGULATIONS AND AS AGREED
UPON PURSUANT TO CONTRACTS EXECUTED BY SUCH BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES AND THE TRUSTEES OR BOARDS OF EDUCATION OF SUCH OUT-OF-
STATE SCHOOL DISTRICTS.
  S 2. This act shall take effect immediately.

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